text:
Check in from 15h / Check out prior to 12h
River Fashion Hotel: Find photos, reviews, information, amenities and compare prices for 3 stars hotels in Kaohsiung City, Taiwan.
Featuring free Wi-Fi, River Fashion Hotel is situated in Kaohsiung City and offers comfortable accommodation. It also provides a 24-hour reception, bicycle rental and a free shuttle service.
Hotel description
The hotel offers a dry cleaning service, a laundry service and luggage storage. It also provides room service, laundry facilities and a tour desk.
Each room at River Fashion Hotel offers a refrigerator and all the essentials for a comfortable stay. They provide tea and coffee making facilities, bottled water and a private bathroom.
A satisfying breakfast is available for purchase, and there are numerous cafés and eateries nearby.
The hotel is located in the popular tourist destination of the Cianjin District. Kaohsiung Medical University, Ruifeng Night Market and the Kaohsiung Museum of Fine Arts can be easily accessed by car.
Hotel features
Room Service, Air Conditioned, Non-Smoking Rooms, Refrigerator, Cable / Satellite TV, Coffee / Tea Maker, Hair Dryer, TV, Shower, En suite, Private Bathroom
Elevator / Lift, 24 Hour Reception, Dry Cleaning, Laundry service, Bicycle Rental, Desk, Luggage Storage, Self Laundry
Tour Desk, Bath / Hot Tub
High-speed Internet, Internet Connection (wireless)
Availability and Prices
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Per room
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No.790, Jiuru 1st Rd, Kaohsiung City
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Pu-lao Hot Spring Hotel
82 Xinkai Road, Xinfali, Liugui District, Kaohsiung City
82 Xinkai Road, Xinfali, Liugui District, Kaohsiung City
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Nearest hotels
- Ambassador Hotel Kaohsiung
260 m
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364 m


text:
The Blotter
Monday, March 29
ROBBERY: Police are looking for the man who ripped a necklace off an elderly woman's neck as she stood at a bus stop. Police said the 74-year-old woman had just got off work and was standing at a bus stop at the corner of Otis and Westline drives, at 5:05 p.m. They said a man walked up to the bus stop and took her necklace as the bus was approaching. He then fled on foot, they said. Police said the necklace was worth $1,500. They described the suspect as an Hispanic male, 25 years of age, 5'8" and thin with black hair. They said he was wearing a white shirt, black pants and a blue handkerchief around his head.
Tuesday, March 30
EMBEZZLEMENT: Police are looking for a former employee of a local clothing store who, they believe, embezzled $1,383.47 before being fired from the store. Police said they got a call from The Children's Place about the former employee, who they said was fired back in February. They said store security believe the former employee logged a series of fake returns between December 29 and February 24.
BATTERY: Police said they received a report of a man who, they said, pushed a woman against a door and sprayed her with an air freshener and water from a garden hose. Police said the alleged incident occurred at about 7 p.m. They said the woman had no visible injuries, refused medical treatment and requested that the alleged suspect, who police described as a longtime friend, not be prosecuted.
Stolen vehicles: Black 1993 Honda Civic, between 4:50 p.m. March 29 and 6:45 a.m. today, from the 900 block of Pacific Avenue. The vehicle was recovered by the victim from the 1700 block of Wood Street.
Stolen bicycles: Silver Diamondback Ascot men's 15-speed, between 9 p.m. March 26 an 6 a.m. march 28, from the 1000 block of San Antonio Avenue.
Green 15-speed women's street bike, between 6:30 p.m. and 7:15 p.m., from the 400 block of Southshore Center.
Wednesday, March 31
WARRANT ARREST: Police arrested Derrick Miguel Perryman, 39, no address given, on warrants for battery and child abuse. Police said they picked up Perryman at San Francisco County Jail, where he was being held on the warrants.
BRANDISHING: Police are looking for someone who, they said, brandished a gun at a friend in a dispute over money. Police said the suspect showed up to the victim's apartment at 11:30 p.m. and confronted the victim about money police said he owed. When the victim told the suspect he didn't have the money, police said the suspect reached into his jacket and pulled out a silver revolver, which the suspect described as a .32 caliber handgun with brown handle grips. Police said the alleged suspect later fled. A suspect description was not available. Police also said the victim later found his car tires slashed and the drivers' side window smashed.
ARSON: Police are looking for the person or persons who, they said, set fire to a trash Dumpster outside a local business. Police said they were flagged down by a bystander shortly after 8 p.m. who reported the fire at the dumpster, which was on the 2200 block of Santa Clara Avenue. No further damage was reported.
Thursday, April 1
BURGLARY: Police are looking for the person or persons who, they said, stole laptops and video games valued at $1,600 from a home on the 1800 block of Chapin Street. Police said the suspects entered the home sometime between 9:15 a.m. and 2:15 p.m. through a rear slider door while the victim was at school.
GRAND THEFT ARREST: Police arrested Eugene Robert Curley, 47, no address, on a grand theft charge. Police said that Curley was seen running from a location where a theft had just occurred. Police said Curley was positively identified as the suspect in the theft and that he had previously been convicted of theft and was also on parole. Police said they arrested Curley at 8:52 p.m. and booked him at the Alameda Police Department.
STRONG ARM ROBBERY: Police are looking for two people who, they said, tackled a teenage girl, assaulted her and took her jacket. Police said the 18-year-old victim was on the 2400 block of San Jose Avenue shortly before midnight when she was tackled by the first suspect. They said the second suspect assaulted the victim and took her jacket. The pair then fled. Police described the first suspect as a black male, age 20, 5'8" and 150 pounds with short brown hair and brown eyes. The second suspect was described as being 5'2" with black hair braided in a ponytail, no race, age or gender information given.
Stolen autos: White 1989 Acura Integra two-door, between February 28 and March 31, from the 200 block of Cypress.
Friday, April 2
BURGLARY: Police are looking for a suspect in a burglary from a home on the 1800 block of Elm Street. Police said the suspect entered the victim's residence, a converted garage, sometime between 6:30 p.m. March 26 and 5:30 p.m. today and too the victim's keys, video games, DVDs and a flashlight. The items were valued at $450. Police described the suspect as a black male, age 18, 5'8" and 130 pounds, with short, black hair; brown eyes; and a thin mustache. Police said the suspect was wearing a bright green shirt and gray sweatpants.
Stolen autos: Silver 1999 Nissan Maxima four-door, between 10 p.m. and 11:58 p.m. April 1, from the 2100 block of San Antonio Avenue. The vehicle was later recovered from the 1600 block of Clement Avenue, after it was involved in a hit-and-run with an electrical box.
Saturday, April 3
ASSAULT ARREST: Police arrested Johnny Xavier Lopez, 26, of Alameda, on an assault with a deadly weapon charge after Lopez allegedly tried to run down a tow company worker after an argument. Police arrested Lopez shortly after 7 a.m. in front of his Buena Vista Avenue home.
ASSAULT WITH A DEADLY WEAPON: Police are looking for the person who, they said, pulled a knife on two people and swung it at them, ripping one victim's shirt. Police said the alleged crime occurred at about 10:40 p.m. on the 1300 block of Park Street. They described the suspect as a black male, 40, 5'9" and 145 pounds, with short, black hair; brown eyes, wearing a black jacket and blue jeans.
GRAND THEFT: Police are looking for the person or persons who, the said, stole a woman's purse from a local church. Police said that sometime between 7:15 p.m. and 10 p.m., someone took the victim's purse from a closet in the Christ Church parish hall. The purse and its contents were valued at $498.
Sunday, April 4
ASSAULT WITH A DEADLY WEAPON: Police are looking for two or more suspects in a beating at a Park Street bar. Police said the victim entered the bar on the 1500 block of Park Street at 12:25 a.m. and was confronted by the suspects, who beat him and knocked him unconscious. Police said the suspects stomped on the victim's face and head and then fled the scene. Police said the victim, who sustained injuries to his face and head, was transported to Highland Medical Center for treatment.
Stolen bicycles: White 10-speed mountain bike, unknown make and model, between 5 p.m. April 3 and 3 p.m. today, from the 2100 block of Otis Drive.

subset: commoncrawl


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District of Columbia Court of Appeals
May 08, 2003
Before Reid and Washington, Associate Judges, and Pryor, Senior Judge.
On Exception of Respondent to Report and Recommendation of the Board on Professional Responsibility
Argued April 10, 2003
Respondent Gregory C. Mitchell takes exception to the recommendation of the Board on Professional Responsibility ("The Board") that he be suspended from the practice of law for ninety days for violating the following Rules of Professional Conduct: Rule 1.15 (b); *fn1 Rule 4.1 (a), *fn2 and Rule 8.4 (c). *fn3 We accept the Board's recommendation and suspend Mr. Mitchell from the practice of law for ninety days.
The record before us shows that the disciplinary action against Mr. Mitchell, a member of the District of Columbia Bar since 1980, grew out of his initial representation of his wife in a personal injury lawsuit. Mrs. Mitchell was injured in an automobile accident in February 1989.
To ease the pain resulting from her injuries, Mrs. Mitchell began renting an electronic pain-reducing device known as a "TENS unit" from W.S. Medical Systems, Inc. ("W.S. Medical") in March 1989, at a monthly fee of $90.00. Later, in June 1990, Mr. and Mrs. Mitchell executed an Authorization and Assignment Agreement under which Mrs. Mitchell authorized her attorney (Mr. Mitchell) to pay W.S. Medical from any monies received in satisfaction of her personal injury claims, and Mr. Mitchell agreed "to withhold such sums from any settlement, judgment, or verdict as may be necessary to adequately protect W.S. Medical Systems, Inc." Subsequently, in March 1991, Mrs. Mitchell purchased a new TENS unit from W.S. Medical at a cost of $790.00.
When efforts to negotiate a settlement of Mrs. Mitchell's claims failed, Mr. and Mrs. Mitchell filed a lawsuit against the other motorist on February 21, 1992. According to the Board's Report and Recommendation, "Robert Boraks entered an appearance as co-counsel with [Mr. Mitchell]." A jury awarded Mrs. Mitchell $150,000, later reduced to $125,000, and Mr. Mitchell $20,000; interest was added to each award.
In partial satisfaction of the judgment, Mr. Mitchell was sent two checks on April 25, 1995, one in the amount of $125,000, and the other $20,000. He placed the funds in his client trust account, but did not notify W.S. Medical that the judgment funds had been received. He distributed $36,250 to Mr. Boraks in payment of his legal fee; and the remaining $108,750 to Mrs. Mitchell. Later in 1995, Mr. Mitchell received interest payments on the judgment totaling $16,849.08, which he retained as a loan to his law firm. Mrs. Mitchell approved the loan.
Beginning in May 1989, W.S. Medical kept a record of its attempts to collect sums owed for the rental and purchase of the TENS unit for Mrs. Mitchell. The record shows that calls made to Mr. Mitchell's office, primarily by Pamela S. Malott, continued into 1999. Ms. Malott testified that she sometimes spoke with one of Mr. Mitchell's employees, and sometimes to Mr. Mitchell. She asserted that Mr. Mitchell falsely told her four times in 1995 that the Mitchell's lawsuit was on appeal. *fn4 Ms. Malott spoke with Daniel Fisher, one of Mr. Mitchell's employees, in November 1996 to inquire about the status of the appeal; in a return call, Mr. Fisher advised her that the appeal was still pending. On February 19, 1999, William Solomon, the founder and initial owner of W.S. Medical, spoke with Mr. Mitchell about the outstanding bill for Mrs. Mitchell. Mr. Mitchell at first took the position that the matter had been "taken care of a long time ago," but eventually agreed to settle the account for $550.00. However, Mr. Mitchell did not send a check to W.S. Medical in accordance with his oral agreement. In fact, no payment was made until February 2002, long after this disciplinary action commenced.
During the hearing on the charges against him Mr. Mitchell essentially took the position that he had instructed Mr. Fisher to return the new TENS unit in 1992, and that his failure to pay W.S. Medical's bill was inadvertent. Mr. Fisher stated that Mr. Mitchell told him to return the new TENS unit, but he put it in the basement and failed to do so. In 1998, Mr. Mitchell discovered that the TENS unit had not been returned to W.S. Medical. During his testimony before the Hearing Committee, Mr. Mitchell stated that he again instructed Mr. Fisher to return the unit to W.S. Medical.
The Hearing Committee discredited the testimony of Mr. Mitchell and Mr. Fisher, stating in part:
The Hearing Committee accords no weight to the highly improbable, contradictory testimony given in this case by [Mr. Mitchell] and [Mr.] Fisher. We conclude that the evidence clearly and convincingly establishes that [Mr. Mitchell] was well aware of his wife's outstanding indebtedness to W.S. Medical in April or May 1995 and that his failure to notify W.S. Medical of his receipt of the judgment payment and deliver the funds to which W.S. Medical was entitled out of those payments was intentional and with full knowledge of what he was doing.
The Board accepted the credibility determination of the Hearing Committee, and declared that: "[Mr. Mitchell's] credibility also was impeached by his own testimony that, when [Mr.] Solomon called him in 1999, he falsely denied his wife's debt to W.S. Medical, even though, by his own testimony he became aware in 1998 that [Mr.] Fisher had not taken care of the debt." The Board concluded that Mr. Mitchell violated Rules 1.15 (b), 4.1 (a), and 8.4 (c) of the Rules of Professional Conduct. Mr. Mitchell filed an exception to the Board's Report and Recommendation.
In this court, Mr. Mitchell argues that his violation of Rule 1.15 (b) was inadvertent; that the findings as to Rules 4.1 (a) and 8.4 (c) were not supported by substantial record evidence; and that the ninety-day suspension for his conduct is inconsistent with other similar dispositions and is unwarranted. Bar Counsel supports the Board's Report and Recommendation and contends that Mr. Mitchell's conduct was intentional; that there is substantial evidence in the record to sustain the charges against him; and that the ninety-day suspension is appropriate and consistent with that imposed on others for similar rules violations.
Rule 1.15 (b)
Although he denied a violation of Rule 1.15 (b) before the Hearing Committee, Mr. Mitchell now acknowledges the violation but asserts that it was inadvertent. Based upon our review of the record in this case, including the testimony of Ms. Malott and Mr. Solomon; and in light of the credibility determinations made by the Hearing Committee and accepted by the Board, see In re Anderson, 778 A.2d 330 (D.C. 2001), we conclude that Mr. Mitchell was aware of his wife's indebtedness to W.S. Medical at least as of March 1995, and continuing to February 1999. Nevertheless, when he received the judgment funds from the personal injury lawsuit in April or May 1995, and the interest payments at a later date, he failed to notify W.S. Medical. This failure constituted a clear violation of Rule 1.15 (b), which states unequivocally: "Upon receiving funds or other property in which a client or third person has an interest, a lawyer shall promptly notify the client or third person."
Rules 4.1 (a) and 8.4 (c)
Mr. Mitchell maintains that he made no false statements in violation of Rule 4.1 (a)'s clear statement that "in the course of representing a client, a lawyer shall not knowingly: (a)
[m]ake a false statement of material fact or law to a third person." He places the blame for any false statement on Mr. Fisher. Similarly, he claims that he did not "[e]ngage in conduct involving dishonesty, fraud, deceit, or misrepresentation," in violation of Rule 8.4 (a).
Since the Hearing Committee discredited Mr. Mitchell's and Mr. Fisher's testimony, and the Board accepted and followed the Hearing Committee's credibility determinations and factual findings, there is substantial evidence in the record to support the Board's Report. *fn5 When W.S. Medical sought to collect the money owed for the TENS units sent to Mr. Mitchell, he told the company, or instructed Mr. Fisher to inform the company, that the personal injury suit was on appeal, when it was not. Mr. Mitchell also initially told Mr. Solomon that the matter had been "taken care of a long time ago." Simply put, Mr. Mitchell made false statements to W.S. Medical regarding the status of the Mitchells' personal injury suit and the handling of the indebtedness relating to the TENS units, and in doing so engaged in dishonesty and misrepresentation. See In re Shorter, 570 A.2d 760 (D.C. 1990); In re Mitchell, 727 A.2d 308 (D.C. 1999). *fn6
The Sanction
Mr. Mitchell claims that the ninety-day suspension imposed on him "is not consistent with cases of similar conduct and is unwarranted under the circumstances of the instant case." He maintains that a thirty-day sanction is appropriate if dishonesty is found, and a public censure if the finding of dishonesty is not sustained.
Our practice is to "adopt the Board's recommended sanction 'unless to do so would foster a tendency toward inconsistent dispositions for comparable conduct or would otherwise be unwarranted," In re Bernstein, 707 A.2d 371, 377 (D.C. 1998) (quoting D.C. Bar Rule XI, § 9 (g)(1) (1997)). "Generally speaking, if the Board's recommended sanction falls within a wide range of acceptable outcomes, it will be adopted and imposed." In re Shaw, 775 A.2d 1123, 1126 (D.C. 2001) (internal quotation and citation omitted).
Here, the Board directs us to cases where the sanctions for conduct comparable to that engaged in by Mr. Mitchell range from disbarrment to censure. The cases include In re Corizzi, supra, note 6 (disbarrment for a violation of Rules 1.3 (b)(2), 1.14 (c), 3.3 (a), 3.4 (b), 4.1 (a) and 8.4 (c)); In re Sandground, 542 A.2d 1242 (D.C. 1988) (ninety-day suspension for aiding client to make false responses to discovery requests); In re Zeiger, 692 A.2d 1351 (D.C. 1997) (sixty-day suspension for violation of Rules 3.4 (a), 4.1 (a), and 8.4 (c)); In re Mitchell, supra, (public censure for violation of Rules 1.15 (b), 1.16 (d), and 8.4 (c)).
We are satisfied that Mr. Mitchell's conduct, although serious, was not as extensive as that found in In re Corizzi where the respondent's conduct included "instructing his clients to testify falsely," failure to advise a client "of two $10,000 settlement offers until after he had rejected them," "making false statements to [counsel] and to the court regarding the date of his representation of [a client]," id. at 440-41. We are persuaded, also, that Mr. Mitchell's case differs from that of In re (Iverson O.) Mitchell, supra. There the Hearing Committee did not find a violation of Rule 8.4 (c) because it concluded that Mr. O. Mitchell was not motivated to act for personal gain, had "no prior disciplinary record," and had "been recognized for his contributions to the D.C. Street Law program." Id. at 314.
Of the three cases cited above, In re Sandground, supra, where a ninety-day sanction was imposed, is closest to Mr. Gregory Mitchell's conduct, although the duration of the misconduct there was much shorter (nine months) than that involved here (almost four years). Compared with In re Sandground, the thirty-day suspension advocated by Mr. Mitchell is inappropriate given not only the duration of his misconduct, but also his failure to pay W.S. Medical promptly after he was notified of Bar Counsel's action against him in June 1999. Despite that notification, and his own agreement with Mr. Solomon in 1999, to pay $500 to compromise the outstanding indebtedness, Mr. Mitchell did not pay off the debt until February 2002. *fn7 Consequently, we accept the Board's recommended sanction.
Accordingly, for the foregoing reasons it is
ORDERED that respondent Gregory C. Mitchell is hereby suspended from the practice of law in the District of Columbia for a period of ninety days, effective thirty days after entry of this opinion. We call respondent's attention to the requirements of D.C. Bar Rule XI § 14, relating to suspended attorneys, and to § 16 (c) concerning the timing of eligibility for reinstatement as related to compliance with § 14, including the filing of the required affidavit.
So ordered.
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Desk Calendar - London 2017
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Heath Wilder
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|Heath Wilder
| March 25, 1971
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Heath Wilder is an actor who plays Alien Hunter #2 on Farscape.
Farscape CharacterEdit
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April 21, 2011
ROBERT ANTHONY TAYLOR, PLAINTIFF,v.SUPERIOR COURT OF CALIFORNIA, ET AL., DEFENDANTS.
By an order filed March 10, 2011, plaintiff was ordered to file a complete in forma pauperis application within thirty days and was cautioned that failure to do so would result in a recommendation that this action be dismissed. The thirty day period has now expired, and plaintiff has not responded to the court's order and has not filed a complete in forma pauperis application.
Although it appears from the file that plaintiff's copy of the court's March 10, 2011 order was returned, plaintiff was properly served. It is the plaintiff's responsibility to keep the court apprised of his current address at all times. Pursuant to Local Rule 182(f), service of documents at the record address of the party is fully effective.
In accordance with the above, IT IS HEREBY ORDERED that the Clerk of the Court is directed to assign this action to a United States District Judge; and
IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice.
These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days after being served with these findings and recommendations, plaintiff may file written objections with the court. The document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Any response to the objections shall be filed and served within fourteen days after service of the objections. Plaintiff is advised that failure to file objections within the specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
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> hey anon, wanna give your opinion?
2 new threads. 1 new replies.
#167 - kbro
Reply -1 123456789123345869(01/28/2013) [-]
For those who do NOT play LoL, Basically they are taking advantage of a new champion's mechanic (the guy with the lantern not the yellow robot(Blitzcrank)). They can move an enemy champion from the middle of the field to a turret that will damage him greatly. This is amazingly overpowered. Normally Blitz is banned in games for the normal range of this grab. THIS is just crazy.


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Roberto Coin 1.22 ct. t.w. "Martellato" Diamond Bangle Bracelet With Ruby in 18kt Yellow Gold. 7"
Item#: 468900
Founded in Vicenza, the City of Gold in 1977, Roberto Coin jewelry celebrates the elegance of femininity, creativity and craftsmanship. Each of his collection pieces carries his signature in a hidden position on the inside: a small ruby as Roberto Coin's secret gift of good wishes to every woman wearing one of his pieces. Presented from the "Martellato" Collection here is a dramatic, graduated, hinged bangle bracelet with 1.22 ct. t.w. diamonds in a floral motif, which will transition beautifully from day to evening. Bracelet set in hammered and satin 18kt yellow gold.
Due to the incredible value on your selection, no additional discounts apply.
Product Details (for Roberto Coin 1.22 ct. t.w. "Martellato" Diamond Bangle Bracelet With Ruby in 18kt Yellow Gold. 7")
Bangle close BANGLE: A rigid bracelet, usually oval or round, that keeps its shape instead of conforming to the wrist. Can be slip-on or hinged.
Graduates from 1/4 inch to 1/2 inch
18kt close 18KT: Karat (abbreviated kt or K) is a unit that indicates the purity of gold in the metal. 18kt is 75% gold. In Europe, 18K yellow gold is most favored and used in jewelry. Yellow Gold close YELLOW GOLD: Gold is a precious metal with a natural yellow color. It is quite soft and often alloyed with other metals to increase its strength. The purity of the metal is indicated by a unit called a "karat," with 24kt having the highest percentage of natural gold.
Hammered close HAMMERED: A dimpled finish that looks as if it were applied through various strikes of a hammer. The result is a random, banged-out look with an artisanal appeal. A hammered piece can appear either matte or polished. and Satin close SATIN: A finish with a smooth, frost-like appearance. Is soft to the touch, but doesn't have the same mirror-like shine as a polished piece.
Gemstone 1:
Diamond close Diamond: The hardest and most brilliant of all gemstones, a diamond can make the heart race with its pure and fiery spark. An ancient symbol of love, a diamond is the preferred gemstone for tokens of affection, such as rings, earrings, necklaces and bracelets. Diamond is the birthstone for April. (Quantity: 42, Shape & Cutting Style: Round Brilliant close BRILLIANT: A gemstone cut to enhance brilliance without sacrificing much carat weight. Typically has 58 facets. , Color Grade: G-H close Color Grade G-H: Near-colorless , Clarity: VS2-SI1, Weight: 1.22 ct. t.w.)
Gemstone 2:
Ruby close RUBY: A bold fiery stone, the ruby is a symbol of wealth, vitality and love. When cut and polished, the ruby's high luster is as dazzling as a diamond's. Ruby jewelry makes the perfect gift for loved ones and is the birthstone for July. (Color: Red, Quantity: 1, Shape & Cutting Style: Round Fancy, Size: 1.5 mm)
All weights and measures are approximate.
Ross-Simons Presentation Box Your purchase includes an elegant Ross-Simons presentation box.
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text: maintenance mechanical supervisor - blacktown - immediate start in Blacktown posted: 10 november 2016 location Blacktown, New South Wales job type Permanent reference number 90M0274272_1478815973 apply now job description The Maintenance Mechanical Supervisor is responsible for managing maintenance resources to service the mechanical needs of operations and the site. More broadly this role is responsible for improving the sites mechanical standards, supporting continuous improvement initiatives whilst maintaining WHS and quality standards. The role will be responsible for 3 direct reports.Responsibilities will include:Ensuring safety by facilitating execution of hazard inspection outcomesEnsure high standards of GMP and housekeeping are maintainedProvide leadership and direction to team members Participate and prepare for meetings including daily direction setting Daily shift hand over meetings, team briefs, weekly planning meetings and follow upsManage designated Continuous Improvement projectsManage resources to over production requirementsManage jobs on CMMS databasePrioritise maintenance workloadSource and hold the appropriate spare partsQualifications and ExperienceMechanical trade background Tertiary qualification in an engineering discipline advantageousMinimum of 5 years previous experience in FMCG, Food and Beverage or other relevant manufacturing environmentsPrevious experience in leading a teamComplex problem solving abilityContinuous improvement / lean focusIf you believe you can add your own dimension to this role and are up for the challenge, then please submit you resume in WORD format using the appropriate links. skills Lead, Coach and Develop Reliability, Manage and Mentorm, Experience Leading a team apply now Share icon cancel share Facebook LinkedIn Twitter Google+


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Harvest Moon: A Wonderful Life Special Edition Tips
Once you have a tartan, hybride a turnip and a strawberry. Now you have a Dhibe seeds. Turn 20 turnips and 20 strawberry if you could. Dhibe grows from Fall to Spring. Now plant them all and once they turn into Dhibe crops, turn 10 crops to seeds using seedmaker. Then make Dhibe cake using the other 10 dhibe crops. Dhibe cakes is made of any milk, any egg, and one Dhibe crop. Sell Dhibe cakes to Van, one Dhibe cakes would worth 2010G if you haggled with him. Good luck! If you had any question, you can send me an email to firstname.lastname@example.com
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This External Colonial 6P Frosted Glass Enduradoor from LPD is complete with 2 Frosted Glass Panels and a fantastic Green coloured HDF Core and Polyvinyl Laminate construction. This External Enduradoor provides additional security with a outstanding 10 year manufacturer guarantee and is also available in a range of different colours and designs, or alternatively you can explore all other external designs here.
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Pandit and Thain on the road to recovery
Less than two months after being appointed chief executive of two of Wall Streetâs most troubled banks, John Thain and Vikram Pandit received official confirmation of the scale of the challenges facing them as Merrill Lynch and Citigroup published annual results last week.
At Merrill Lynch, Thain was forced to explain the bank's first loss since 1989 and its biggest since going public in 1971. At Citigroup, new chief executive Pandit was trying to offer answers for a 83% slump in group profits in a year in which its investment bank turned a $7.1bn (€4.8bn) profit into a $5.3bn loss.
Even though they work for different institutions, the two chief executives have similar tasks ahead of them. Financial News studied the main areas Thain and Pandit have to work on and compiled a list of resolutions for the executives as they tackle the big turnround of 2008.
• Merrill Lynch
Annual profits 2007: $7.8bn loss (2006: $7.5bn profit) Annual global markets and investment banking pre-tax profits: $16.3bn loss ($5.3bn profit) Total writedowns: $19.4bn External investments: $13.2bn
• Citigroup
Annual profits 2007: $3.6bn ($21.2bn profit) Annual global markets and investment banking pre-tax profits: $5.3bn loss ($7.1bn profit) Total writedowns: $10.5bn External investment: $20bn
- Shore up the capital base
• Citigroup: Pandit and his cost-cutting team have taken the first steps towards a stronger capital base. Last week, it cut its dividend by 40%, raised $12.5bn through a private placement of shares to a group of investors and plans to raise $2bn of additional capital through a public offering of similarly structured convertible preferred shares. Oppenheimer analyst Meredith Whitney said the bank has raised nearly $30bn. Pandit has also reduced the balance sheet by about 8% and has appointed a new chief risk officer, Jorge Bermudez. Bear Stearns analyst David Hilder gives Pandit high marks for quick financial changes in his first five weeks at Citigroup.
• Merrill Lynch: Thain took $6.2bn last month from Singapore's Temasek and Davis Advisors and sold Merrill Lynch Capital to GE Capital, which freed $1.3bn of assets. Thain sought additional investment on January 15, securing $6.6bn of preferred stock. The bank reduced its collateralized debt obligation exposure from $15.9bn in the past quarter to $4.8bn. Merrill had to take an $11.5bn writedown on CDOs and sub-prime mortgages and lost $15.2bn in revenue. There is more to be done. Banc of America Securities analyst Michael Hecht said Merrill has residential mortgage-related securities of $44bn and $18bn in commercial real estate exposure.
- Consider a split
• Citigroup: The chief executive faces the possibility of breaking up Citigroup. In a report last month, Bear Stearns' Hilder found the group would be worth $44 a share – 45% more than its current price – if separated into a US retail-focused bank, an investment bank and an international consumer bank. However, Hilder believes Citigroup should remain intact because it has more power as a conglomerate. Banc of America Securities analyst John McDonald values the equivalent of Salomon Smith Barney at $71.5bn, the global corporate and investment bank at $49.3bn, a global wealth management unit at $18.8bn and an alternative investments business at $4.5bn. He values the international consumer and cards businesses at about $49bn.
• Merrill Lynch: Thain plans to hold on to Merrill's $13bn stake in investment manager BlackRock because it is lucrative and strategic. He said: "It is a core strategic asset that we would not look to sell... It's the whole strategy of separating manufacturing from distribution that we agree with. The working relationship between the two companies is great and we don't plan to change that." Thain also plans to retain its stake in news and data provider Bloomberg because of its steady income stream.
- Keep on cutting…
• Citigroup: Citigroup said last week it will lay off 4,200 employees. Hilder expects lower revenues this year because of the collateralized debt obligation market shutdown and an expected economic slowdown. Fourth-quarter revenues were $11.7bn, leading to a loss of $11bn. The investment bank accounted for 70% of the $539m pre-tax charge the bank took for the staff reduction. Pandit has made progress in reducing leveraged lending exposure. Commitments on highly leveraged transactions were $41bn at the end of the fourth quarter, down from $57bn in the third quarter.
• Merrill Lynch: Merrill has made 1,000 redundancies in the fixed-income division. Last week, Thain headed off talk of further significant layoffs, saying more cuts would be small and in targeted businesses, such as structured credit, with "nothing dramatic".
…but keep the best people
• Citigroup: One reason Citigroup is cutting jobs is to retain its best staff in a dismal year in which the cash portion of bonuses is said to be minimal. Surprisingly, sources familiar with the bank are not against layoffs. One said: "There's a lot of fat that can be cut and a big bureaucracy is where they can start." Pandit will have to be careful not to cut too many revenue producers. This year's saying on Wall Street is "flat is the new up", reflecting the belief that the same compensation as last year is good. At Citigroup, the mantra is "flat is the new down", reflecting the fact that flat compensation that includes less cash and more stock means less cash in the pocket.
• Merrill Lynch: Thain's quick financial work on Merrill – done with new chief financial officer Nelson Chai – has built up his credibility in the bank. He is not likely to have much trouble with the investment bankers, who were largely satisfied with their bonuses – if they can ever said to be satisfied. Bank insiders say their mood is optimistic, based on performance. The investment bank made record revenues last year, wealth management revenues rose 18% and many businesses outside the CDO division performed well.
- Stabilize the culture
• Citigroup: Pandit has his work cut out to stabilize the group. One dissatisfied insider described the situation as "paralysis". He said: "There's an assumption that people won't leave after bad bonuses because other banks are suffering. That's a serious miscalculation." Pandit's greatest challenge may be tackling a subject that is not his strength: people skills. Several employees spoke of the need for an inspiring leader and suggested that, if Pandit cannot be one, he should hire one. One source said: "Vikram keeps saying he's taking a dispassionate evaluation of the business. That's not what it needs. It needs a passionate evaluation."
• Merrill Lynch: Negotiating from a position of strength has helped Thain sell the idea of a cultural overhaul within the bank. If there is one quote that will stick with him, it will be his early insistence on creating a "consensus culture" at Merrill Lynch. One such move was changing the compensation structure so incentives were first built around team performance. Thain has also changed the bonus structure to include a bigger portion of Merrill stock – as much as 40% of the pay package.
- Take control
• Citigroup: In the words of one Citigroup insider, Pandit finds himself at the helm of "a supertanker adrift off the coast of Manhattan, with no rudder and no captain". Insiders said Pandit, who has a reputation as a brilliant tactician, has not done the handshaking necessary to stabilize a people business such as Citigroup. His selection of his new team is also opaque. Since Pandit took over last month, there have been many leadership changes but few proper introductions. Few insiders have met the people in new roles, including chief administrative officer Don Callahan, head of productivity improvement and engineering Carl Levinson, head of talent management Paul McKinnon and Bill Beckman, who is integrating the mortgage businesses.
• Merrill Lynch: Thain has shown himself to be a wise player of Merrill's sometimes thorny internal politics. Insiders give him high marks for making the rounds at the bank. One source familiar with the group said of Thain: "He has been very visible. He has visited the M&A floor, which has never been visited by a chief executive. He listens to other people's opinions." Thain, who spent weeks traveling to help Merrill raise money, also found time to go to Arizona to talk to the private client advisers, the Thundering Herd that is in many ways the center of the bank's culture. On the most recent earnings call, he heaped praise on the wealth management division and gave a nod to its success by saying he "won't mess with" its compensation structure.


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" Fire" Sauce
Total Time
Prep 5 mins
Cook 5 mins
I can't seem to make enough of this sauce--and I triple the recipe every time. My family uses it on eggs, hash browns, taco's and burritos (of course). So, if you like this type of thing, this is the sauce for you!
Ingredients Nutrition
- 1 (6 ounce) can tomato paste
- 3 cups water
- 3 tablespoons vinegar
- 3 tablespoons finely minced canned jalapeno slices
- 1 tablespoon chili powder (Mexican, if you have it)
- 1 tablespoon dried onion flakes
- 2 teaspoons salt
- 2 teaspoons cornstarch
- 1 teaspoon cayenne pepper
- 1 teaspoon sugar
- 1⁄4 teaspoon onion powder
- 1⁄4 teaspoon garlic powder
- Combine the tomato paste and water in a saucepan.
- Whisk until smooth.
- Add the remaining ingredients to the tomato mixture.
- Heat over medium/high heat until it begins to boil.
- Continue to cook, stirring often, for 4 to 5 minutes.
- Remove from heat.
- When sauce has cooled, pour into a glass airtight container and refrigerate.
- Stores well in the refrigerator.
Most Helpful
I was excited to find fire sauce in the store, but after our family went through almost the whole bottle in one meal, I figured I'd better find a good alternative. This recipe has almost the same ingredients and tastes very similar side by side. I store it in an old pickle jar and use a small ladle to serve. I make it according to directions except blending the jalepenos in a mini food processor and doubling the corn starch to make it a bit more like the store-bought.
What more can I say about this sauce then it is wonderful! Loved it and will be making it lots more. Thanks.
This is the best, Carol!!! I'm making this from now on instead of buying my usual Louisiana hot sauce... which I was addicted to until now. Very easy to put together and I like that I can alter the salt content (I used half the amount, maybe next time I'll omit it?) and it still turned out fantastic.


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State of New York Supreme Court, Appellate Division Third Judicial Department
July 16, 2009
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,v.GEORGE J. MASON JR., APPELLANT.
Calendar Date: June 10, 2009
Before: Cardona, P.J., Peters, Lahtinen, Malone Jr. and Stein, JJ.
Appeal from a judgment of the County Court of St. Lawrence County (Richards, J.), rendered March 24, 2008, convicting defendant upon his plea of guilty of two counts of the crime of course of sexual conduct against a child in the first degree.
Defendant was charged in a 51-count indictment with various sex crimes stemming from sexual contact he had with his two minor daughters over a series of years which culminated in one of the daughters giving birth to a child of whom he was believed to be the father. In satisfaction of the indictment, he pleaded guilty to two counts of course of sexual conduct against a child in the first degree and waived his right to appeal. He was subsequently sentenced, in accordance with the plea agreement, to two concurrent terms of 25 years in prison to be followed by five years of postrelease supervision. Defendant now appeals.
Appellate counsel seeks to be relieved of his assignment of representing defendant on the ground that there are no non-frivolous issues to be raised on appeal. Based upon our review of the record, counsel's brief and defendant's pro se submission, we agree. Accordingly, the judgment is affirmed and counsel's request for leave to withdraw is granted (see People v Cruwys, 113 AD2d 979 [1985], lv denied 67 NY2d 650 [1986]; see generally People v Stokes, 95 NY2d 633 [2001]).
Cardona, P.J., Peters, Lahtinen, Malone Jr. and Stein, JJ., concur.
ORDERED that the judgment is affirmed.
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United States District Court, S.D. California
September 30, 2014
MARY LOEZA and ANGIE REVELES, et al.,v.JP MORGAN CHASE BANK NA, Defendant. an individual, on behalf of themselves and all others similarly situated, Plaintiffs,
M. JAMES LORENZ, District Judge.
The instant Complaint alleges that Defendant failed to pay Plaintiffs overtime compensation, in violation of the Fair Labor Standards Act ("FLSA"), 29 U.S.C. §§ 206, 207. In addition, inter alia, it is alleged that Defendant violated the California Labor Code by failing to provide: (1) meal and rest periods, (2) proper itemized wage statements, (3) payment of wages twice monthly, (4) reimbursement for business expenses, (5) proper payment upon termination. Complaint ¶¶ 40-124, ECF No. 1, Ex. A.
Pending before the Court is Defendant's motion for summary judgment. Def.'s Mot. Summ. J., ECF No. 34. The Court found this motion suitable for determination on the papers submitted and without oral argument under Civil Local Rule 7.1(d)(1). Order re: Oral Argument, ECF No. 47. For the following reasons, the Court GRANTS IN PART and DENIES IN PART Defendant's motion.
Named Plaintiffs Mary Loeza and Angie Reveles ("Plaintiffs") were Loss Mitigation Junior Underwriters at Defendant JP Morgan Chase Bank, N.A.'s ("Chase") San Diego facility from 2010 until 2012, when they were terminated for poor performance. See Loeza Dep. 31:13-15, 204:20-25, ECF No. 38-3, Ex. 7; Reveles Dep. 42:23-25, 266:17-19, ECF No. 38-2, Ex. 6. Loeza's manager and supervisor at Chase explained to her that according to Chase policy, she (1) was required to record all ours she worked, including overtime, (2) that she was prohibited from working off-the-clock, and (3) that she would be subject to discipline if she worked off-the-clock. Loeza Dep. 153:7-24. Reveles indicated that she was required to record her hours in Chase's computer system, including her start time, lunch time, and when she stopped for the day. Reveles Dep. 139:17-25.
On December 12, 2012, Plaintiffs filed a class action complaint in state court alleging ten causes of action: (1) failure to pay overtime under FLSA 29 U.S.C. §§ 206, 207, (2) failure to pay overtime compensation, (3) failure to provide meal periods, (4) failure to provide rest periods, (5) failure to provide itemized statements, (6) failure to pay wages twice monthly, (7) failure to reimburse business expenses, (8) failure to pay wages upon termination of employment, (9) unlawful competition and unlawful business practices, and (10) violation of the Private Attorneys General Act (PAGA). Compl., ECF No. 1. On January 14, 2013, the action was removed to this Court. Notice of Removal, ECF No. 1. On November 22, 2013, Chase filed the instant motion for summary judgment.
Summary judgment is appropriate under Rule 56(c) where the moving party demonstrates the absence of a genuine issue of material fact and entitlement to judgment as a matter of law. See Fed.R.Civ.P. 56(c); Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986). A fact is material when, under the governing substantive law, it could affect the outcome of the case. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986); Freeman v. Arpaio, 125 F.3d 732, 735 (9th Cir. 1997). A dispute about a material fact is genuine if "the evidence is such that a reasonable jury could return a verdict for the nonmoving party." Anderson, 477 U.S. at 248.
A party seeking summary judgment always bears the initial burden of establishing the absence of a genuine issue of material fact. Celotex, 477 U.S. at 323. The moving party can satisfy this burden in two ways: (1) by presenting evidence that negates an essential element of the nonmoving party's case; or (2) by demonstrating that the nonmoving party failed to make a showing sufficient to establish an element essential to that party's case on which that party will bear the burden of proof at trial. Id. at 322-23. "Disputes over irrelevant or unnecessary facts will not preclude a grant of summary judgment." T.W. Elec. Serv., Inc. v. P. Elec. Contractors Ass'n, 809 F.2d 626, 630 (9th Cir. 1987).
"The district court may limit its review to the documents submitted for the purpose of summary judgment and those parts of the record specifically referenced therein." Carmen v. San Francisco Unified Sch. Dist., 237 F.3d 1026, 1030 (9th Cir. 2001). Therefore, the court is not obligated "to scour the record in search of a genuine issue of triable fact." Keenan v. Allen, 91 F.3d 1275, 1279 (9th Cir. 1996) (citing Richards v. Combined Ins. Co. of Am., 55 F.3d 247, 251 (7th Cir. 1995)). If the moving party fails to discharge this initial burden, summary judgment must be denied and the court need not consider the nonmoving party's evidence. Adickes v. S.H. Kress & Co., 398 U.S. 144, 159-60 (1970).
If the moving party meets this initial burden, the nonmoving party cannot defeat summary judgment merely by demonstrating "that there is some metaphysical doubt as to the material facts." Matsushita Electric Indus. Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 586 (1986); Triton Energy Corp. v. Square D Co., 68 F.3d 1216, 1221 (9th Cir. 1995) ("The mere existence of a scintilla of evidence in support of the nonmoving party's position is not sufficient.") (citing Anderson, 477 U.S. at 242, 252). Rather, the nonmoving party must "go beyond the pleadings" and by "the depositions, answers to interrogatories, and admissions on file, " designate "specific facts showing that there is a genuine issue for trial.'" Celotex, 477 U.S. at 324 (quoting Fed.R.Civ.P. 56(e)).
When making this determination, the court must view all inferences drawn from the underlying facts in the light most favorable to the nonmoving party. See Matsushita, 475 U.S. at 587. "Credibility determinations, the weighing of evidence, and the drawing of legitimate inferences from the facts are jury functions, not those of a judge, [when] he [or she] is ruling on a motion for summary judgment." Anderson, 477 U.S. at 255.
A. The Fair Labor Standards Act and Plaintiff's Off-The-Clock Claims
Chase first argues that "Plaintiffs cannot prove Chase knew or should have known they were working off-the-clock, " therefore entitling Chase to summary judgment. Def.'s Mot. Summ. J. 11. Specifically, Chase argues that it did not know, and had no reason to know, that Plaintiffs worked off the clock. See id. Plaintiffs contend that they present enough evidence to demonstrate a genuine issue of material fact regarding whether Chase knew or should have known about Plaintiffs' off-the-clock work. Def.'s Opp'n 5-15, ECF No. 45. For the following reasons, the Court agrees with Plaintiffs.
The FLSA was enacted "to protect all covered workers from substandard wages and oppressive working hours." Barrentine v. Arkansas-Best Freight Sys., Inc., 450 U.S. 728, 739, (1981). "Under the FLSA, no employer shall employ any of its covered employees for a work week that is longer than 40 hours, unless that employee receives as compensation for his employment at least one and a half times the regular rate for all overtime hours." Forrester v. Roth's I.G.A. Foodliner, Inc., 646 F.2d 413, 414 (9th Cir.1981) (citing 29 U.S.C. § 207(a)). "The FLSA is a remedial statute that is to be liberally construed to apply to the furthest reaches consistent with Congressional direction.'" Probert v. Family Centered Servs. of Alaska, Inc., 651 F.3d 1007, 1010 (9th Cir.2011) (citing 29 U.S.C. § 207(a)).
"[A]n employer who knows or should have known that an employee is or was working overtime is obligated to pay overtime... even if the employee does not make a claim for the overtime compensation." Lindow v. United States, 738 F.2d 1057, 1060-61 (9th Cir.1984) (internal quotation marks and citation omitted). "However, where an employer has no knowledge that an employee is engaging in overtime work and that employee fails to notify the employer or deliberately prevents the employer from acquiring knowledge of the overtime work, the employer's failure to pay for the overtime hours is not a violation of § 207." Forrester, 646 F.2d at 414.
The Court finds that there are triable issues of fact as to whether Chase had actual knowledge of Plaintiffs' uncompensated off-the-clock overtime hours. Plaintiffs produce evidence that Loeza's supervisor Holli Williams sat facing Loeza, less than 12 feet away. Loeza Decl., ECF No. 45-3, Ex. 10. This is evidence that Chase would know when Loeza was working off-the-clock or during her meal breaks. Williams' denied being able to see Loeza when she was working, saying that "when she was seated at her desk, she could not see what [Loeza] was doing" and that she "would have to stand up and walk to [Loeza]'s cubicle to see what she was doing." Williams Decl. ¶ 3, ECF No. 38-8, Ex. 15. Chase manager Matthew Libby also sat near Loeza and could have seen her working after her shift ended. Loeza Decl., Ex. 1. Loeza recalls Libby observing her "working off the clock an average of two times per week, " Loeza Decl., ¶ 5, and Chase fails to produce any evidence to refute this claim.
Plaintiffs present similar evidence that Reveles' desk was within feet of supervisor Susan Englert's desk. Reveles Decl. ¶¶ 7, 9, 10, ECF No. 45-4, Ex. 3; This evidence contradicts Englert's assertions that she "had no idea that [Reveles] was working off-the-clock." Englert Depo. ¶ 2, ECF No. 38-7, Ex. 10. Thus, both parties have presented evidence on the issue of whether Chase had actual knowledge that Plaintiffs were working overtime, creating issues of material fact to be decided at trial.
In addition, the parties have produced evidence that raise issues of material fact with respect to Chase's constructive knowledge that Plaintiffs were working off-the-clock. First, the evidence of Plaintiffs' proximity to their supervisors and Chase managers supports Plaintiffs' position, that due to this proximity, the Defendants should have known they were working off-the-clock, even if Chase did not actually know. Moreover, both named Plaintiffs report that they worked off-the-clock to finish their work, even if the time was not authorized. Loeza Depo. 133:2-7; Reveles Depo. 186:13-17, 146:24-147:1. Reveles explained that she worked off-the-clock without reporting overtime because she needed the extra time to do her job. Reveles Depo. 199:8-11, 267:14-19. Although Reveles' deposition is redacted, it is clear from context that she was concerned that she could not do her job and "complete [her] files" without overtime, but as a rule, overtime was not allowed. See Reveles Depo. 146:1-14. When she asked her supervisor how she could complete her assigned work without incurring overtime, the supervisor told her "just do what you can." Id. at 146:1-9. Reveles was convinced that it was unrealistic to just do what she could. Id. at 146:8-9.
Such evidence tends to show that Plaintiffs were discouraged from reporting overtime. The existence of a culture that discourages reporting overtime may support an inference that an employer knew of its employees' failure to report overtime. See Abbe v. City of San Diego, Nos. 05cv1629, 06cv538, 2007 WL 4146696, at *9 (S.D. Cal. Nov. 9, 2007) (Sabraw, J.)
In addition, Plaintiffs have produced evidence that their supervisors had access to time records that they could have accessed and reviewed to determine whether employees were working off the clock. Williams Depo. II 26:25-27:5, Ex. 6; Kelley Depo. 81:16-24, Ex. 1; Englert Depo. 35:15-25, 36:1-4, Ex. 4; Parsley Depo. 151:22-152:5, Ex. 8. Chase produces contradicting evidence of supervisors saying they had no idea Plaintiffs worked off-the-clock. Because the Court cannot make credibility determinations or weigh evidence at this stage, summary adjudication is not warranted on the issue of constructive knowledge[1]. See Anderson, 477 U.S. at 255.
In light of the foregoing, Chase's motion for summary judgment with respect to Plaintiffs' FLSA claims is DENIED.
B. Plaintiff's California State Law Meal and Rest Break Claims
"State law obligates employers to afford their non-exempt employees meal periods and rest periods during the workday." Brinker Rest. Corp. v. Superior Court, 53 Cal.4th 1004, 1018 (2012). "Labor Code section 226.7, subdivision (a) [, ] prohibits an employer from requiring an employee to work during any meal or rest period mandated by an applicable order of the Industrial Welfare Commission.'" Id. (footnote omitted). "In turn, Wage Order No. 5, subdivision 11, as well as section 512 of the Labor Code, prescribes meal periods." Id. In Brinker, the California Supreme Court held
An employer's duty with respect to meal breaks under both section 512, subdivision (a) and Wage Order No. 5 is an obligation to provide a meal period to its employees. The employer satisfies this obligation if it relieves its employees of all duty, relinquishes control over their activities and permits them a reasonable opportunity to take an uninterrupted 30-minute break, and does not impede or discourage them from doing so.... On the other hand, the employer is not obligated to police meal breaks and ensure no work thereafter is performed. Bona fide relief from duty and the relinquishing of control satisfies the employer's obligations, and work by a relieved employee during a meal break does not thereby place the employer in violation of its obligations and create liability for premium pay under Wage Order No. 5, subdivision 11(B) and Labor Code section 226.7, subdivision (b).
Id. at 1040-41.
Chase argues that their evidence shows "that no one at Chase ever told Plaintiffs to skip meal or rest periods or otherwise denied them meal or rest periods." Def.'s Mot. Summ. J. 18; Loeza Decl. 101:2-6; Reveles Decl. 273:3-19, 313:15-21. Plaintiffs present evidence that they were skipping their breaks to keep up with their production and avoid being fired. Loeza Depo. 21:7-13, 26:20-27:1, 157:13-158:11, Reveles Depo. 67:19-68:2. This evidence creates conflicting inferences as to whether Chase actually provided a reasonable opportunity to take breaks. See Brinker, 53 Cal.4th at 1040-41. The conflicting evidence here creates a genuine issue of material fact as to whether HSL adequately provided meal and rest periods that are in compliance with IWC Wage Order No. 5 and California Labor Code § 512.
Accordingly, the Court DENIES Chase's motion regarding provision of meal and rest periods.
C. Plaintiffs' Business Expense Claims
Chase argues that summary judgment should be granted with respect to Plaintiffs' seventh cause of action for unpaid business expenses because both Plaintiffs concede that they have no basis for this claim. The Court agrees. See Loeza's Response to Interrogatory No. 8; Loeza Depo. 322:4-10; Reveles 109:23-110:8, 346:13-247:8; JSUF ¶¶ 40, 41, ECF No. 48. Therefore, Chases's motion is GRANTED with respect to Plaintiffs' seventh cause of action, and that cause of action is DISMISSED WITH PREJUDICE.
D. Plaintiffs' Wage Statement Claim
Chase argues that Plaintiffs' fifth, sixth, eighth, ninth, and tenth causes of action should fail as they derive from Plaintiffs' off-the-clock and meal and rest break claims. Def.'s Mot. Summ. J. 20. However, because the Court has found that those foundational claims do not fail as a matter of law, Plaintiffs' allegedly derivative claims likewise do not fail. So, to the extent Chase argues these derivative claims fail, its motion is DENIED.
Chase next argues that Plaintiff's wage statement claim independently fails as a matter of law. Specifically, Chase contends that the relevant code section requires employers to accurately describe the monies that are being paid at the time of each payment of wages, it does not require employers to describe the money not being paid. Def.'s Mot. Summ. J. 21. Plaintiffs claim cannot survive, according to Chase, because "Plaintiffs cannot dispute that wage statements they received accurately showed the section 226(a) information with respect to what was paid based on the time they recorded." Id. In addition, Chase claims that Plaintiff cannot demonstrate the requisite "injury as a result of a knowing and intentional failure by an employer to comply with [Section 226(a)]." Id.
California Labor Code § 226 requires "employers [to] provide accurate itemized statements of wages to their employees" that contain certain statutorily mandated information. Morgan v. United Retail Inc., 186 Cal.App.4th 1136, 1143 (2010). However, an employer is only liable for damages as a result of failing to furnish conforming wage statements to employees that "suffer[] injury as a result of a knowing and intentional failure by an employer to comply with [section 226(a)]." Cal. Lab. Code § 226(e). Therefore, "a plaintiff must establish two elements to recover damages under section 226:(1) that a defendant's wage statements violated one of the enumerated requirements in section 226(a), and (2) that the violation was knowing and intentional' and resulted in injury' to the plaintiff." Alonzo v. Maximus, Inc., 832 F.Supp.2d 1122, 1134 (C.D. Cal. 2011) (emphasis in original).
"The injury requirement in section 226, subdivision (e), cannot be satisfied simply if one of the nine itemized requirements in section 226, subdivision (a) is missing from a wage statement." Price v. Starbucks Corp., 192 Cal.App.4th 1136, 1142 (2011) (citing Jaimez v. DAIOHS USA, Inc., 181 Cal.App.4th 1286, 1306 (2010)). "[T]he statute requires that an employee may not recover for violations of section 226, subdivision (a) unless he or she demonstrates an injury arising from the missing information." Id. at 1142-43 (emphasis in original). "[T]he types of injuries on which a § 226 claim may be premised include the possibility of not being paid overtime, employee confusion over whether they received all wages owed them, difficulty and expense involved in reconstructing pay records, and forcing employees to make mathematical computations to analyze whether the wages paid in fact compensated them for all hours worked." Ortega v. J.B. Hunt Transp., Inc., 258 F.R.D. 361, 374 (C.D. Cal. 2009) (internal quotation marks omitted).
Because this claim arises from unreported and uncompensated overtime, the Court cannot determine whether Chase is liable under § 226 without first determining whether it failed to compensate Plaintiffs for overtime. In other words, if Chase is found liable for failing to compensate for overtime, then it could also be liable under several of the enumerated § 226 injuries in Ortega, such as the possibility of not being paid overtime, confusion over whether Plaintiffs received all wages owed to them, and forcing Plaintiffs to make mathematical computations to reconstruct their overtime hours. See Ortega, 258 F.R.D. at 374. However, if Chase is not liable for failing to pay overtime-and assuming that the actual wage statements contained the nine itemized requirements in § 226-Plaintiffs were paid for everything that they reported, and Chase would not be liable under § 226.
Plaintiffs' FLSA claims remain unresolved, and thus, so does their § 226 claim.
Therefore, the Court DENIES Chase's motion with respect to the itemized-wage-statement claim.
E. Plaintiffs' Waiting Time Penalty Claim
Chase next argues that Plaintiffs waiting time penalty claims should be dismissed because Loeza "admitted she had already been paid a waiting time penalty for the short delay in payment of her final wages" and because "a good faith dispute exists as to whether Plaintiffs are owed any additional wages." Def.'s Mot. Summ. J. 22, 23.
First, Plaintiffs do not dispute that Loeza admitted she had already been paid a waiting time penalty. This is supported by the record. Loeza Decl. 303:6-16. Therefore, the Court GRANTS IN PART Chase's motion and DISMISSES Loeza's waiting time penalty claim WITH PREJUDICE.
Second, this Court finds that a trier of fact could find that Chase's alleged failure to follow and implement California wage law, despite knowing of the changes that occurred, and despite the level of sophistication found, is evidence of willfulness. See Barnhill v. Robert Saunders & Co., 125 Cal.App.3d1, 7 (1981). Considering the evidence in the light most favorable to Plaintiffs, this Court finds that there is a genuine dispute as to whether Chase acted willfully when it allegedly failed to pay waiting penalties. Accordingly, the Court DENIES Chase's motion for summary judgment regarding waiting time penalties for Reveles and the class.
F. Plaintiffs' PAGA Claim
Chase contends that Plaintiffs' PAGA claim is barred by the applicable one-year statute of limitations. Def.'s Mot. Summ. J. 23. Specifically, Chase argues that Plaintiffs did not provide the requisite notice to the California Labor and Workforce Development Agency in time. Id. at 24. However, Plaintiffs provide evidence that they gave notice of their claims to the LWDA on October 29, 2012, well within one year of the termination dates of Loeza (August 30, 2012) and Reveles (March 12, 2012). Certified Letter to LWDA, ECF No. 45-1, Ex. 9. Faced with evidence defeating their motion, Chase attempts to change the grounds of its motion and claim that Plaintiffs failed to give Chase the requisite notice under the statute. Def.'s Reply 10. This, of course, is improper. Therefore, Chase's motion with respect to Plaintiffs' PAGA claims is DENIED.
G. Plaintiffs' Class Claims
Because only one of the named Plaintiffs' claims have been dismissed in their entirety, Chase's motion to dismiss class claims is GRANTED IN PART and DENIED IN PART. All class claims remain, apart from the seventh cause of action for business expenses.
In light of the foregoing, Chase's motion is GRANTED IN PART and DENIED IN PART. Further, it is ORDERED that:
1. Chase's motion is GRANTED with respect to Plaintiffs' seventh cause of action and Loeza's waiting time penalty claim, and these claims are DISMISSED WITH PREJUDICE.
2. Chase's motion is otherwise DENIED.
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The very same thought!!! I listen to him and think wow the ingredient deck is so impressive it has to do something, there isn't one product that I have ordered from him that has changed my skin one ioda, I have ordered creams, serums,foundations the peels, his most expensive serum and nothing. I will stick with algenist, Dr Brant and Dior.
ann- I never pill w Skinn's day cream... that is said after sharing my experience at the beginning of my use w the product. It is suggested to use the day and night serums in conjunction with the day and night creams. I found that I did pill using the day serum with the day cream- but not at night using night/night. This was about five years ago. Over time I realized it was salicytic acid in the serum or any pre-day cream I use on my face. So I don't use potions with salicytic acid in my "leave on my face" regimen. This is in some masks I use and cleansers... Hope this helps. ~jk
Susan- How was your experience with this potion? As I use Skinn Day Cream and it is a staple in my regimen, I'm always curious how others get on with other Skinn products (no, I'm not a rep... heheh, just a consumer). ~jk
I've tried the entire Collagenesis line, the new kit which includes ampoules, youth perservation cream, wrinkle balm, hand restore and stem regen serum- from a "Special Value kit" on a TV shopping site. I've used the ampoules and 24hr Youth Cream before buying the entire kit. Each time I've found my skin pills as soon as I touch it whether it's while applying or hours after applying even if only lightly scrathing or lightly rubbing. I've tried using one product by itself or together as directed, doesn't matter, they all pill and I'm not applying too much either, it happens.I cannot go around with white pieces on my face. It's not due to not exfoliating or just my skin, it happens with this particular Skinn line. I wish it didn't because I think it's a line that could be great. I do like all the ingredients, but I believe the % of each ingredient isn't there. I get better results with Ole Hendrickson Truth Serum & Estee Lauder's DayWear cream.
Hi Marta,
I just ordered this cream. I hope I see better results. :-)
The ingredients list does seem good, but I have wondered if anyone ever verifies that a product actually contains everything listed; otherwise, we must trust the manufacturer.
Do you know of any 3rd party who does such a thing?


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Ultimate Strength Analysis of Long Hinged Reinforced Concrete Columnsby B. Broms,
I.M. Viest,
Serial Information: Journal of the Structural Division, 1958, Vol. 84, Issue 1, Pg. 1-38
Document Type: Journal Paper
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Abstract: Treatment of concentrically loaded columns is based on Engesser's tangent modulus formula and of eccentrically loaded columns on principles advanced by Karman; both analyses utilize stress-strain relationship for concrete and are compared with test results of six experimental investigations carried out in past.
Subject Headings: Load tests | Concrete columns | Load factors | Reinforced concrete | Stress analysis | Stress strain relations | Structural strength
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Shadow and Bone (Grisha Trilogy) (edition 2012)
by Leigh Bardugo
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Shadow and Bone by Leigh Bardugo
No current Talk conversations about this book.
Soooo goood!
Amazon says this is for ages 12-18. I'd say this was written for 12 year-olds. Definitely a 1 or 2 star book for me, but probably great for that age group.
The basic backbone of this story is it is a girl with special powers who doesn't know she has them, discovers them, and has to learn how to use them.
This book gets four stars instead of three because of the awesome cover. It was engaging enough, but I didn't think the world was explained or described adequately. There was a sheen of "Russia" over the whole book, but I've seen fictional Russia done much more convincingly. Maybe this will get fixed with more books in the series. I was intrigued by the magic system, but it was not as well developed as I would have liked. There were a few "twists" that were fairly predictable, but the story worked pretty well. I'm going to read the next book, if only to get some more information about the magic system.
Originally posted here
I first read this book three years ago and I loved it but then promptly forgot about it until now. I am so happy I re-read this book, it was even better than I remember.
I just adored the world of Grisha, I found it all fascinating, especially the magic system. I was completely sucked into this book and I became very emotionally attached to Alina's story. The fantasy is inspired by elements of Russian culture which I really enjoyed as it helped me picture the architecture and the clothing of the characters. I think the character that made this book for me was the Darkling... he is just something else. I just love him. His power of controlling darkness and the fact that he wears all black and is the most powerful of Grisha. I was getting strongly reminded of Cole from Charmed which was a show I was obsessed with back in the day. Who doesn't love a mysterious, dark bad boy?
In addition to the main character, Alina, there were a couple of secondary characters that I cared about because they were really interesting. I'm thinking specifically of Genya and Mal, I really care about them so if anything happens to my darlings... I will be devastated.
I was thinking of this book even when I wasn't reading it - the Shadow Fold is a brilliant invention. I think complete darkness is a fear of many and to have huge sections of land overtaken by a darkness filled with creepy creatures is just the stuff of nightmares. I really can't wait to finally carry on with this series and see where it takes me.
Shadow and Bone is one of my favourites and I would wholeheartedly recommend.
I read this book super fast. I literally could not put it down. I loved the main character, Alina, so much and despite the fact that the book is written in first person (which is sometimes a turn off for me and very rarely results in me becoming attached to any character), I stayed engaged for the entire novel.
The action is ongoing, the relationships between Alina and the Darkling and Alina and Mal are complex and the mystery of the Fold along with the politics in her country, make the story intriguing.
This is the first book in a trilogy and I will definitely be reading the others in this series.
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Orphaned by the Border Wars, Alina Starkov is taken from obscurity and her only friend, Mal, to become the protegâe of the mysterious Darkling, who trains her to join the magical elite in the belief that she is the Sun Summoner, who can destroy the monsters of the Fold.… (more)
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Study says decline of Caribbean coral reefs can be reversed
WASHINGTON, D.C.: A new study has found that the dramatic decline of Caribbean coral reefs can be reversed.
The study by the Global Coral Reef Monitoring Network (GCRMN), the International Union for Conservation of Nature (IUCN) and the United Nations Environment Program (UNEP), has also found that Caribbean corals have declined by more than 50 per cent since the 1970s.
But according to the authors, restoring parrotfish populations and improving other management strategies, such as protection from overfishing and excessive coastal pollution, could help the reefs recover and make them more resilient to future climate change impacts.
"The rate at which the Caribbean corals have been declining is truly alarming," said Carl Gustaf Lundin, director of the Washington-based IUCN's Global Marine and Polar Program. "But this study brings some very encouraging news. The fate of Caribbean corals is not beyond our control, and there are some very concrete steps that we can take to help them recover."
With only about one-sixth of the original coral cover left, the study finds that most Caribbean coral reefs may disappear in the next 20 years, primarily due to the loss of grazers in the region.
According to the IUCN, the world's oldest and largest global environmental organization, the study, Status and Trends of Caribbean Coral Reefs: 1970-2012, is the most detailed and comprehensive report of its kind published to date.
It said the study is the result of the work of 90 experts over the course of three years.
IUCN said the study contains the analysis of more than 35,000 surveys conducted at 90 Caribbean locations since 1970, including studies of corals, seaweeds, grazing sea urchins and fish.
The report shows that while climate change has long been thought to be the main culprit in coral degradation, it poses a serious threat by making oceans more acidic and causing coral bleaching.
The report finds that the loss of parrotfish and sea urchin – the area's two main grazers – has, in fact, been the key driver of coral decline in the region.
It says that an unidentified disease led to a mass mortality of the sea urchin in 1983, adding that extreme fishing throughout the 20th century has brought the parrotfish population to the brink of extinction in some regions.
"The loss of these species breaks the delicate balance of coral ecosystems and allows algae, on which they feed, to smother the reefs," the report said, noting that reefs protected from overfishing, as well as other threats, such as excessive coastal pollution, tourism and coastal development, are more resilient to pressures from climate change.
"Even if we could somehow make climate change disappear tomorrow, these reefs would continue their decline," warned Jeremy Jackson, lead author of the report and IUCN's senior advisor on coral reefs. "We must immediately address the grazing problem for the reefs to stand any chance of surviving future climate shifts."
The study also shows that some of the healthiest Caribbean coral reefs are those that harbour vigorous populations of grazing parrotfish.
These include the Flower Garden Banks National Marine Sanctuary in the northern Gulf of Mexico, Bermuda and Bonaire, "all of which have restricted or banned fishing practices that harm parrotfish, such as fish traps and spearfishing".
The study is urging other countries to follow suit.
"Barbuda is about to ban all catches of parrotfish and grazing sea urchins, and set aside one-third of its coastal waters as marine reserves," said Ayana Johnson of the Waitt Institute's Blue Halo Initiative, which is collaborating with Barbuda in the development of its new management plan. "This is the kind of aggressive management that needs to be replicated regionally if we are going to increase the resilience of Caribbean reefs."
The IUCN said that reefs where parrotfish are not protected have suffered tragic declines, including Jamaica, the entire Florida Reef Tract from Miami to Key West, and the U.S. Virgin Islands.
The IUCN said the Caribbean is home to nine per cent of the world's coral reefs, which are one of the most diverse ecosystems on the planet.
It said Caribbean reefs, spanning a total of 38 countries, are vital to the region's economy, generating more than US$3 billion annually from tourism and fisheries, and over a hundred times more in other goods and services, on which more than 43 million people depend.