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New Jersey Superior Court, Appellate Division
Decided: December 12, 1957.
JOHN ORBANUS, PLAINTIFF-APPELLANT,v.FRANK A. SEDER AND GEORGE PORCH, DEFENDANTS-RESPONDENTS, THIRD-PARTY PLAINTIFFS, HARRIET H. KOHNOW, ADMINISTRATRIX AD LITEM OF THE ESTATE OF THOMAS H. KOHNOW, SR., THIRD-PARTY DEFENDANT
Clapp, Hall and Schettino. The opinion of the court was delivered by Schettino, J.A.D.
[48 NJSuper Page 513] Appeal by plaintiff has been here taken from a Law Division judgment entered on a jury's verdict of no cause of action in favor of defendants, Seder and Porch, in a negligence action arising out of an automobile collision accident. Thomas Kohnow, Sr. was driving the car in which plaintiff was riding and Mr. Kohnow was killed in the accident. His administratrix was made a party to this suit by defendants, Seder and Porch, as a joint tortfeasor so that in the event there might have been a verdict against the main defendants the third-party defendant might be called upon to contribute.
[48 NJSuper Page 514]
Plaintiff testified that on Saturday, November 5, 1955, at 6 o'clock in the morning, he was a passenger in Kohnow's car which was involved in a head-on collision with a truck owned by defendant Seder and driven by his agent, defendant Porch. Plaintiff and Kohnow had been working six days a week, 58 hours a week for six or seven months on a 6:30 A.M. to 5:00 P.M. schedule. By a share-the-expense arrangement with Kohnow, plaintiff was picked up every morning about 5:30 A.M. at a parking lot in Glassboro, New Jersey, from where he was driven to work in Philadelphia.
On Friday, the night before, plaintiff had been out until midnight attending a Knights of Columbus meeting. He slept about four hours, arose on Saturday morning about 5:00 o'clock, arrived at Glassboro "a little tired" and was picked up by Kohnow. By the time they travelled a block or so, plaintiff fell asleep but claims he was awakened by Kohnow some time just prior to the accident and saw Seder's truck driven by Porch which was following another one of Seder's trucks, suddenly swerve across the center white line and hit Kohnow's car head-on.
Seder's employees deny this posture of the facts. They testified that decedent's car began to veer across the white line, narrowly missed defendant's first truck, then crossed the white line and hit Seder's second truck head-on. Defendants sought further to negate plaintiff's testimony by offering into evidence a statement dated November 18, 1955, signed by plaintiff, to the effect that plaintiff was asleep at the time of the accident, saw nothing, did not recall hearing the crash or feeling the impact. This statement was corroborated by the testimony of a state trooper who arrived at the scene shortly after the accident. He thereafter went to see plaintiff at the hospital and plaintiff told him that plaintiff had been asleep at the time of the accident and could not offer any suggestion as to the happening of the accident.
Several grounds for reversal are urged. We first discuss plaintiff's exception to the trial court's charge on the issues of assumption of risk and contributory negligence.
[48 NJSuper Page 515]
Defendants contend in their brief and in the oral argument that at the close of all the evidence, there was substantial proof from which the jury could find in the unique circumstances of this case, that there was a strong suggestion that the driver, Kohnow, was also tired, and that because of the early morning hour and the accumulated fatigue of extended overtime work, accentuated by driving with a sleeping person, Kohnow, too, fell asleep at the wheel, crossed over into the opposing lane of traffic and crashed head-on into the defendant's garbage truck; that plaintiff was bound to exercise such care for his own safety as was specially required by the driving conditions he himself had helped create; that, since there were reasonably debatable issues as to these facts, the issues of assumption of risk and contributory negligence were properly left to the jury for its determination, citing, among others, the cases of Petrone v. Margolis , 20 N.J. Super. 180 (App. Div. 1952); and Bowman v. Central R. Co. of New Jersey , 27 N.J. Super. 370 (App. Div. 1953). Defendants argue that, if the plaintiff had been awake and had made a reasonable -- or even a split second -- observation, he would have noticed the sleepy condition of his fatigued driver and responded in sufficient time to rouse him and to avoid crossing into the opposite lane and crashing into defendants' truck, but plaintiff failed because he was asleep.
In our opinion both of the above cited cases give defendants little comfort. Very substantial evidence was submitted in those cases to the effect that the driver of the car, to the knowledge of the passenger, was intoxicated to the point where driving in such condition would be dangerous to self and passenger. In the Petrone case, defendant had had a considerable amount of beer, was "a little high" and was boisterous and in the Bowman case the driver had had eight glasses of whiskey. From such testimony the jury and not the judge was the proper one to decide the issues of contributory negligence and assumption of risk. King v. Jones , 47 N.J. Super. 279 (App. Div. 1957), decided November 7, 1957. Assuredly, where
[48 NJSuper Page 516]
the evidence warrants it, the question of contributory negligence or assumption of risk by a sleeping passenger plaintiff is for the jury. Sothern v. Van Dyke , 114 N.J.L. 1, 8 (E. & A. 1934).
We give defendants the benefit of all reasonable inferences. The jury could have found that plaintiff, immediately upon entering Kohnow's car, dozed off and was still sleeping at the time of the accident and therefore did not see the accident. But more than that the jury could not have found from the evidence.
The uncontradicted testimony on behalf of plaintiff was that, in the period of six or seven months during which he rode with Kohnow, he had never seen Kohnow drive beyond 45 miles per hour, had never noticed Kohnow drive carelessly and, on the morning of the accident, saw that Kohnow was as usual driving at 40 to 45 miles per hour. Moreover, there was no record proof that Kohnow, on that date or at any time prior to that date, had evidenced fatigue despite the long work weeks. No inference can be drawn from the testimony that Kohnow was asleep or fatigued on that Saturday morning.
To the contrary is the testimony of Mrs. Kohnow. She stated that on Friday night previous to the Saturday morning involved, Kohnow had gone to bed between 9:30 and 10:00 o'clock, that, when he arose that Saturday morning, he was "in good spirits, we were talking about going out hunting; the older boy was going hunting that morning. He was in really good spirits."
Plaintiff and not Mr. Kohnow had attended the Knights of Columbus meeting and had had only four hours sleep. The plaintiff and not Mr. Kohnow was tired and sleepy. Our analysis of the record brings us to the conclusions that there are absent the extraordinary circumstances which would compel plaintiff not to rely upon his driver to observe the ordinary hazards of travel and therefore there is no evidence from which contributory negligence or assumption of risk could be inferred by the jury. The judge should have so found as a matter of law and should not have submitted
[48 NJSuper Page 517]
these issues to the jury. Unquestionably, the charge on these issues had a substantial effect on the jury's deliberations and verdict. Error, requiring reversal, was committed in submitting these issues to the jury. Falicki v. Camden County Beverage Co. , 131 N.J.L. 590, 595 (E. & A. 1944); Lehman v. Anderson , 27 N.J. Super. 444, 447 (App. Div. 1953), affirmed on opinion below 14 N.J. 340 (1954).
We refer to two other points raised on appeal. The trial court refused to allow a plaintiff's witness to testify because his name had not been submitted to defendants in answer to an interrogatory. Plaintiff's Pennsylvania trial attorney stated that he had not determined the name of the witness until Saturday, two days before the first day of trial, and therefore had no opportunity to inform defendants' counsel and that moreover the specific interrogatory did not encompass the class of witnesses in which this witness fell. We feel that the interrogatory was sufficient to call for the name of the witness and that plaintiff's trial attorney was derelict in not notifying by telephone or messenger defendants' attorney as soon as he had obtained the witness' name and address. On the retrial, plaintiff will be permitted to amend his answer to the interrogatory to include the name of William H. Taylor, the witness involved.
Plaintiff also contends that the trial court erred in refusing to allow plaintiff's counsel to establish the identity of the man who took the November 18 statement from plaintiff. Since no such ruling appears in the record, we cannot consider this point. Nevertheless, the record indicates conformity with Miller v. Henderson , 41 N.J. Super. 15 (App. Div. 1956), certification denied 22 N.J. 229 (1956).
The case is remanded for a new trial; costs on appeal to abide the result of the new trial.
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September 24, 2012
ROBERT MCADAM,PLAINTIFF,v.STATE NATIONAL INSURANCE COMPANY, INC. AND ROES 1 THROUGH 25, INCLUSIVE, DEFENDANTS.
Defendant State National Insurance Company, Inc. ("Defendant") has filed a motion for judgment on the pleadings with respect to Plaintiff's third cause of action under Cal. Bus. & Prof. Code § 17200. For the reasons discussed below, Defendant's motion is GRANTED.
This action arises out of a "Hull and Machinery/Protection and Indemnity" Policy ("Policy") issued by Defendant to Plaintiff Robert McAdam for the term May 5, 2011 to May 5, 2012.
Plaintiff is the owner of the vessels Jessica M and Shirley B, both of which are insured under the Policy. In late 2011, Master Marine, Inc. ("MMI"), in Bayou La Batre, Alabama, performed repairs and upgrades on Jessica M and Shirley B to convert the vessels from shrimp trawlers to deep sea fishing boats. The repairs included work on the vessels' rudder and shaft assemblies.
On February 24, 2012, Shirley B'srudder snapped off while the vessel was fishing near New Zealand. Jessica M, which was 70 miles away, came to provide assistance and towed Shirley B to port in Tauranga, New Zealand. Defendant directed the Shirley B to a repair yard in Whangarei, New Zealand.
Repairs totaling $162,283.74 were made on the Shirley B. Defendant's surveyor determined that the loss of the rudder was caused by faulty work of MMI. Defendant reimbursed Plaintiff $114,375.07 for the repairs, deducting amounts for repairs that it deemed betterment.
The Jessica M also underwent repairs in New Zealand. The Captain of the Jessica M noticed "play" in the rudder while towing the Shirley B, and according to Plaintiff, subsequent testing and inspection showed that Jessica M suffered from the same repair defects as the Shirley B -- i.e., welds that were not full-penetration and provided no strength or stability to the rudder area.
When Plaintiff tendered a claim for the repair of Jessica M, Defendant denied coverage. Defendant took the position that the "play" in the rudder was due to lack of maintenance of the rudder stock and bearings, not faulty welds.
On June 4, 2012, Plaintiff commenced this action. The Complaint asserts the following four causes of action: (1) breach of insurance contract; (2) breach of the implied covenant of good faith and fair dealing; (3) injunctive relief and restitution pursuant to Bus. & Prof. Code § 17200, et seq.; and (4) declaratory relief.
"After the pleadings are closed -- but early enough not to delay trial -- a party may move for judgment on the pleadings." Fed. R. Civ. P. 12(c). Judgment on the pleadings is proper "when the moving party clearly establishes on the face of the pleadings that no material issue of fact remains to be resolved and that it is entitled to judgment as a matter of law." Hal Roach Studios, Inc. v. Richard Feiner & Co, Inc., 896 F.2d 1542, 1550 (9th Cir. 1989). All allegations of fact by the party opposing the motion are accepted as true, and construed in the light most favorable to that party. General Conference Corp. of SeventhDay Adventists v. Seventh-Day Adventist Congregational Church, 887 F.2d 228, 230 (9th Cir. 1989).
Courts have discretion to grant Rule 12(c) motions with leave to amend. In re Dynamic Random Access Memory Antitrust Litigation, 516 F. Supp. 2d 1072, 1084 (N.D. Cal. 2007). Courts also have discretion to grant dismissal on a 12(c) motion, in lieu of judgment, on any given claim. Id.; see also Amersbach v. City of Cleveland, 598 F.2d 1033, 1038 (6th Cir. 1979).
Defendant moves for judgment on the pleadings as to Plaintiff's third cause of action under Cal. Bus. & Prof Code § 17200 ("UCL claim"). As discussed below, the Court finds that dismissal of this claim is warranted.
Injunctive relief under Cal. Bus. & Prof. Code § 17200 is not available if the plaintiff has other adequate legal remedies. See Prudential Home Mortg. Co. v. Superior Court, 66 Cal. App. 4th 1236, 1249-50 (1998) (holding that equitable relief under § 17200 was precluded because the plaintiffs had other adequate statutory remedies). Accordingly, courts have dismissed § 17200 claims in insurance coverage cases where the plaintiff's proper remedy is to sue for breach of contract to recover any benefits that are due under the policies. See Stewart v. Life Ins. Co. of North America, 388 F.Supp.2d 1138, 1144 (E.D. Cal. 2005) (explaining that plaintiff sought payment of policy benefits and that breach of contract claim would provide any benefits due to plaintiff); Allstate Ins. Co. v. Barnett, 2011 WL 2415383 (N.D. Cal. June 15, 2011) (dismissing § 17200 claim because plaintiff had an adequate remedy at law - a claim for breach of contract).
In his Complaint, Plaintiff alleges that Defendant engaged in unlawful claims practices and that "the insureds of Defendants have been wrongfully denied coverage and will continue to be wrongfully denied coverage due to the unlawful claims practices of the Defendants." (Compl. ¶ 103.) In connection with the UCL claim, the Prayer for Relief asks for a permanent injunction enjoining the alleged unlawful practices, policies, usages and customs, and an award of restitution. (Compl. at 27.)
This lawsuit is about the recovery of benefits under the Policy. Plaintiff can obtain this relief through his breach of contract claim. Although the prayer for relief requests restitution, Plaintiff never states that he is seeking the return of premiums paid. In his Opposition, Plaintiff argues that he is in fact seeking injunctive relief. However, it seems that what Plaintiff wishes to enjoin is alleged "unlawful claims practices" resulting in the denial of benefits that Plaintiff seeks to recover in this action. As far as the Court can tell, there are no ongoing practices that Plaintiff seeks to enjoin. The Policy term ended on May 5, 2012, before this suit was filed. See Netscape Commc'n Corp. v. Fed. Ins. Co., 2006 WL 449149 (N.D. Cal. Feb. 22, 2006) (holding that plaintiff had not established the ongoing need for injunctive relief because the policies at issue were no longer in effect).
Because Plaintiff has an adequate legal remedy in the form of his breach of contract claim and does not have a legitimate claim for injunctive relief or restitution, the Court grants Defendant's motion and dismisses Plaintiff's UCL claim with prejudice.*fn1
For the reasons discussed above, Defendant's motion for judgment on the pleadings is GRANTED. Plaintiff's third cause of action under Cal. Bus. & Prof. Code § 17200 is DISMISSED with prejudice.
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Animal dreams can have several different meanings, depending on the specifics of your dream: Wild animals, especially if threatening, mean you feel out of control in a situation. If you tame a wild animal in a dream, you achieve success through expressing yourself honestly. If you are attacked by a vicious animal and you manage […]
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Domestic animals: Comfort, familiarity, security, gentleness. Astrological parallel: Virgo Wild animals: The lower nature, the unknown, fear, danger. Astrological parallel: Aries
Animal bones
(See Bones)
Animal With A Cub
This represents motherly qualities and, therefore, the mothering instinct.
Someone around you does not have your best interests at heart – and it might be someone whom you feel you can trust. Consider other symbols in the dream to discern how or who. Be very cautious in business ventures of any sort. Consult an attorney before signing any contract or agreement.
To dream of an alligator, unless you kill it, is unfavorable to all persons connected with the dream. It is a dream of caution.
An alligator in a dream represents a knowledgeable person who guides people from darkness unto light. (Also see Crocodile)
A dream of an alligator is a strong warning. It foretells that you will be deceived by your warmest friends.
To see apes in your dream suggests that a close friend will either get sick or be humiliated in some social situation. It could also mean that you will be deceived by a false friend.


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Don't forget about our women's ONLY self-defense seminar on Sunday 25 Saturday! Please join us for this physically and psychologically empowering seminar, where you will learn how to defend from the most common attacks. No-prior experience in martial arts/self-defense is needed. All women are welcome. Please contact us for any questions.
The Coach of Champions: Demetrius Ramos Seminar – Friday 19 August
Third degree Brazilian Jiu Jitsu Black Belt, Demetrius Ramos, has made several world champions and has a champion pedigree himself. Visiting Virginia for the first time in 2016 he is ready to share his knowledge with all who will attend his seminar. Don't miss this opportunity to learn from one of the best coaches at a very affordable price.
What: Brazilian Jiu Jitsu Seminar (with the Gi)
When: Friday 19 August, 2016
Where: Dimitri Chrisos Jiu Jitsu Academy, Chantilly, VA
Time: 7:00pm – 9:00pm
Other: $55 per person. Open to all students from all academies. For any questions please email email@example.com
Special Deal for Visitors (long term and short term)
If you are visiting the area for work, tourism, or any other reason and you are looking for a place to train in Brazilian Jiu Jitsu, then, DCJJ is the place for you! Our academy welcomes all visitors and we'll even provide you with a gi if you didn't pack one. First of all if you are only visiting for a few days or so please come in and roll/train for FREE. If you are visiting for a few weeks or months, we have special DISCOUNTED prices for you, no contract – no commitment necessary. Please stop-by or contact us for additional details. We guarantee that you will have very affordable jiu jitsu experience of high quality that is fun as well! We welcome all visitors from all academies. No prior experience in Jiu Jitsu is necessary for this deal.
Medals Keep Pilling Up for DCJJ Students
Congratulations to Stirling and Joaquin for an amazing performance on 2 April at the US Grappling tournament in Laurel, MD. Stirling with only 3 weeks of training, won double-gold and in adult gi and no-gi, executing the custom-made game plan we made for him, to perfection. Joaquin once again dominated the over 30 age division winning a gold medal in gi and a silver in no-gi. Both men had multiple submission victories. We could not have been more proud of them!


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Pre-Order Policy
- An item identified as a 'Pre-Order', means the item is not 'in-stock' in our warehouse, we are waiting for the item to arrive.
- Pre-Orders are fulfilled first, once the item arrives, if quantity remains the item will be listed on the site as in-stock.
- The yearly quarter listed is the current information we have from distributors or manufactures. For example, PRE-ORDER: Shipping 2016, 4th Quarter, means we expect to be able to ship anytime in 2016 during one of these months: October, November or December. As soon as the item arrives, we change the status from 'Pre-Order' to 'New.'
- At the time of the pre-order we require a 10% down payment, based on the total amount of the item pre-ordered. The remaining 90% will be charged when the item is ready to ship.
- If you pay via PayPal, you will be charged the full amount of the item and the money is automatically deducted from your account. Meaning, if you place a pre-order using PayPal you will be charged the full amount when you place the order, not when the item arrives.
- Pre-Orders may be cancelled within 5 days of the day the pre-order was placed, and the funds paid will be fully returned. Orders over 5 days, if cancelled, will not be refunded the 10% down payment. If PayPal was the payment method, 90% of the purchase will be refunded. Note: If the distributor/manufacturer cancels an item you pre-orderded you will receive a full refund.
- Each pre-order must be placed separately, you can securely store your credit card info on Stripe servers, we do not store any credit card information on AFX servers - Stripe security information
- All release dates are subject to change by the manufacturer. The shipping dates listed on our site are based on the information we receive directly from the distributors/manufacturers.
- We reserve the right to limit quantities at any time. If an order comes in with a large quantity of a single item we reserve the right to adjust or limit the item. This is in an effort to satisfy as many customers as we possibly.


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DHA Multan installments plot s booking starting soon
DHA Multan installments plot s booking starting soon
Launching of DHA Multan installments plots expected on 14 Aug 2016. Free of cost assist will be provided in booking. If you are already WhatsApp group member dont worry you will be updated asap. For friends not in WhatsApp groups to stay fully updated and later to get ballot result asap etc please do fill Lahore Real Estate contact form ASAP
and also send a SMS to this number to get details as soon as available +923224929992
From 1 Aug 2016 transfer fee of DHA Multan affidavit land files on cash is Rs 10000/- ( Ten thousands) And membership fee after Aug 8 Will be Rs 65000.
Choudry Mujahid Yasin ( CMY )
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Check in from 14h / Check out prior to 10h
Ca' Serena Hotel: Find photos, reviews, information, amenities and compare prices for 3 stars hotels in Sirmione, Italy.
Ca' Serena Hotel offers 3-star accommodation in Sirmione. It is ideally located for those wanting to discover the area's attractions.
Hotel description
There are a range of facilities available to guests of Ca' Serena, including bicycle rental, a lake and an express check-in and check-out feature. In sunny weather, an outdoor terrace provides an ideal spot to relax.
There are 17 rooms at Hotel Ca' Serena, each offering all the essentials to ensure a comfortable stay. There are also several rooms designed for families.
Hotel Ca' Serena Sirmione offers a varied dining experience, which include restaurant and a bar. A range of breakfast options are available in the hotel's dining room.
Verona-Villafranca Airport is less than a 35-minute drive from Serena. It is ideally located just minutes from Lake Garda.
Hotel features
Restaurant, Air Conditioned
Currency Exchange, Safe-Deposit Box, Bicycle Rental, Photocopier, Luggage Storage, Express Check-In/Check-Out
Availability and Prices
Booking Site
Room Type
Per room
Per night
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Users who viewed Ca' Serena Hotel also viewed these 3 stars Sirmione hotels:
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Rossi Alexandra Residence Sirmione
Via Condominio 1, Sirmione
Via Condominio 1, Sirmione
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Nearest hotels
- Marolda Hotel
82 m
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131 m


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An example with M=10 (basis functions) and r=5 (non-zero eigenvalues)
A simulated dataset as an example which corresponds to the "practical" case in the paper
prac is a list with six components (in the given order):
- data
data matrix with three columns: column 1–ID, column 2–measurement, column 3–time.
- eigenfunctions
true eigenfunctions: generated from cubic Bsplines with M=10 equally spaced knots.
- eigenvalues
true eigenvalues: first–1, second–0.66, third–0.52, fourth–0.44, fifth–0.38, others–zero.
- number_of_basis
true number of basis functions: M=10.
- dimension
true dimension of the process: r=5.
- error_sd
true error standard deviation: 0.25.
mean curve of the process is zero; principal component scores and errors are all i.i.d N(0,1); there are 500 subjects, and each has 2~10 measurements uniformly distributed on [0,1]; in total there are 3018 measurements
Want to suggest features or report bugs for rdrr.io? Use the GitHub issue tracker.


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Luxury Budget Couples and Bridal ShowsSaturday, January 25, 2014
1 in 8 engaged couples with luxury wedding budgets ($96,000 or greater, not including the honeymoon) found at least one of their wedding professionals at a bridal show.
Liene Stevens is an author, speaker, and business consultant who works with leaders in the wedding industry. Named one of "12 Young Professionals To Watch" by Special Events magazine, her research on the millennial generation is taught in the MBA programs at three top-tier universities.


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Local Information: Ballyvaughan, Co. Clare
An Tig Tra is a detached holiday home with a patio, situated in Ballyvaughan. Guests benefit from free WiFi and private parking available on site. The kitchen is equipped with a dishwasher.
Note: Map is an approximate indication ONLY. Please contact An Tig Tra for directions and precise location prior to your visit.


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In the north Ibiza shows more of its more original side. It is a far cry from the hustle and bustle in the tourist destinations on the east and west coast. The landscape is dominated by small mountain ranges which are covered with dense pine forests. Especially on the north-west coast the steep cliffs drop directly into the deep blue Mediterranean water and there are only a few beaches here.
Together with Portinatx, Port de Sant Miquel, which is known in Spanish as Puerto de San Miguel, is the main holiday destination in this region.
The small resort is dominated by some large hotels and apartment complexes which are situated around the sandy beach at the end of a long bay. In summer it gets really crowded here. You can see banana boats shooting across the sea, snorkels poking out from the water, children building sandcastles in the soft sand and couples soaking up the sun on the numerous sun-loungers. On the promenade the restaurant kitchens are turning up the heat to spoil their guests with typical local dishes. Port de Sant Miquel is a typical holiday destination for families with children and is especially popular with the Germans and British.
A trail through the woods leads from Port Sant Miquel to Cala d'es Motons. This gem is a lovely little place, especially for young people who feel at home in an alternative and trendy environment. The beach is nestled between cliffs and its appeal is to a large extent due to a lovingly designed restaurant where cocktails are served, as well as fresh fish straight from the grill.
Vacation type
Our recommendations
Beach type:
Beach colour:
Beach buildings:
"Colorful family beach in a popular holiday resort"
"Hippies play the drums while the sun sets"
"Tiny natural beach in an intimate setting"
"Small, trendy beach for young people"
"Quaint beach surrounded by rocks"


text: General Assembly KSP Troopers Get Higher Pay By WEKU • Aug 1, 2016 wkms.org Starting this week, Kentucky State Police troopers are earning higher pay for their service. Governor Bevin and state lawmakers worked earlier this year to include salary increases in the budget. State Police Spokesman Michael Webb says this pay hike could help with recruitment efforts. "With this new pay raise, it is a new tool that has bolstered our efforts and abilities to recruit quality applicants who will be trustworthy and serve their communities in a professional manner," said Webb. Work to Reach Agreement on a State Budget Begins By Stu Johnson WEKU News • Mar 25, 2016 kyforward.com Kentucky House and Senate conferees are beginning their work trying to reach agreement on a $21 billion budget. It's the first budget conference committee for Lexington Representative and Republican Whip Stan Lee. "I don't think the differences are as insurmountable as people once thought," Lee said. "I think the biggest movement happened when the House passed its version of the budget." Lee says a major hurdle was crossed when the House decided not to borrow $3 billion to help remedy the state's pension problems. 2016 Ky General Assembly on Eastern Standard By John Hingsbergen • Feb 10, 2016 Sen Chris McDaniel @kychrismcdaniel This year marks the first legislative session under Governor Matt Bevin, and the first budget year of his administration as well. A lot of important issues affecting many Kentuckians are making their way into this legislative session. Significant budget cuts, and legislation aimed at addressing issues like abortion, coal, and heroin addiction as well as many other important issues. This week's program originates from the State Capitol in Frankfort and with us to discuss some of these issues will be: Raising Kentucky's Minimum Wage on Eastern Standard By John Hingsbergen • Jan 25, 2015 Last month, the city of Louisville voted to raise the minimum wage to 9 dollars an hour, a move that will be complete by 2017. As part of the 2015 Kentucky General Assembly, a bill is on the table that could see a similar increase state-wide. On this week's Eastern Standard we'll talk the Minimum Wage in Kentucky. Assessing Pace of 2014 General Assembly By Stu Johnson WEKU News • Jan 24, 2014 courier-journal.com The Kentucky general assembly is about a third of the way through the 2014 session. As is the case in most Kentucky legislative sessions, a great deal of the voting comes in the later weeks and days. For instance, no votes occurred in either house Friday morning and both the House and Senate were in session for less than an hour. Beshear's Budget Includes "Harsh" Cuts to Free Funds for Education By Stu Johnson, WEKU & Stu Johnson, WEKU • Jan 22, 2014 Credit Wikipedia Commons Governor Steve Beshear says 'harsh' budget cuts to some state agencies are needed to move the Commonwealth forward in the areas of education and economic development. The governor outlined his budget strategy last night during a joint session of the Kentucky General Assembly. Listen Listening... / 2:10


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Protect Your Cookies This Holiday Season
15 Nov 2010
ID theft continues to be a major problem. And since many us will be shopping online this holiday season, I caught up with the CEO of MAXA Research International, Inc.,...Read More
What Happened When One Entrepreneur Had Cleavage Issues
19 Oct 2010
If you have an idea for a new product based on your personal experiences, you should definitely look into creating it. Just look at today's interview. After having a difficult...Read More
Are You Promoting Yourself?
13 Nov 2009
In the process of promoting your products and services to potential customers, are you also promoting yourself? Competition is fierce today, and people want more for their money. This...Read More
Got a last minute interview? What to do next…
07 Oct 2008
It's 6:00 a.m., and I just finished responding to a fellow, StartupNation entrepreneur who needed some help. She has a wonderful opportunity to show her products on a local television...Read More
PR Insights from Marketing Expert Jared Tanner, PrintingForLess.com
19 Aug 2008
I recently caughtup with the vice president of marketing at PrintingForLess.com, Jared Tanner, to ask him about the relationship between public relations and marketing. With an extensive background in web-based...Read More
How to Calm Your Interview Nerves
29 Jul 2008
If you haven't had a lot of experience doing media interviews, you may have butterflies in your stomach or even feel sick! To overcome your nerves and improve your chances...Read More
What Summer Super Heroes Teach Us About PR
03 Jul 2008
Summer is finally here, and there are a lot of great movies to see. It got me thinking about how "Indiana Jones," "The Incredible Hulk," "Iron Man," and others have...Read More
3 Cool Sites to Help with Your PR Efforts
01 Jul 2008
If you are working on your own publicity efforts, there are a few sites that can help you build buzz while saving money. When you get a moment, check these...Read More
Don't Get Too Excited-Wait for Media Placements to Happen
05 Jun 2008
Woo Hoo! After hours of research, pitching and dealing with false promises from various media members, I scored an interview for my client with Newsweek. It is tentatively scheduled to...Read More
The One Big Secret to Getting Press – And It Costs Nothing!
03 Jun 2008
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Cucumber Gimlets
Total Time
Prep 20 mins
Cook 0 mins
This sounds reallly good. I got the recipe from Bon Appetit. Sounds refreshing.
Ingredients Nutrition
- 2 large cucumbers (1 1/2 pounds)
- 1⁄2 cup gin
- 4 teaspoons fresh lime juice
- 1 tablespoon sugar
- 1 cup ice cube
- 4 lime slices
- Slice four slices from one cucumber. Set aside.
- Peel and coarsely chop remaining cucmbers , transfer to food processor and puree until smooth.
- Pour through fine strainer set over a large bowl, pressing on solids in strainer. Discard solids.
- Mix 1 cup of cucumber juice, gin, lime juice and sugar in pitcher; stir until sugar dissolves.
- Add ice, mix well.
- Immediately strain mixture into 4 small martini glasses.
- Garnish with lime and cucmber slices.


text: Close Daughter Killed Getting The Mail Daughter Killed Getting The Mail WFMY 5:15 PM. EST October 21, 2016 TRENDING VIDEOS Infant Survives Car Accident, Winds Up In Storm Drain Replacements, Ltd. Kicks Off Cyber Monday Governor's Race: What Happens Now? It's Not Over: Governor's Race Undecided More Stories Pat McCrory Says 'Voters Have Spoken', Concedes In… Dec. 5, 2016, 12:19 p.m. Judge Declares Mistrial In Michael Slager Trial Dec. 5, 2016, 3:53 p.m. New Portion of I-73 Set To Open In May Dec. 5, 2016, 5:30 p.m.


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French translation of obediently
Example Sentences Including 'obediently'
`The four little men below started off obediently in different directions.Three in One
For whatever reason they made no demur but obediently started through the door.The Gospel Makers
They'd followed him obediently into the Chapter House, showed themselves to be sensitive to his mood by asking no questions.Here Be Dragons
Trends of 'obediently'
View usage over:
Translation of obediently from the Collins English to French Dictionary
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43636 Woodward Ave
Bloomfield Hills, MI 48302
Learned a lot at their Self Defense Class. Instructor was friendly and knew a lot about self defense.
This is an excellent school and would recommend anyone to receive a degree from Crown College. The staff and faculty are top...
I think the store has a lot to offer wtih some really great deals. I really think you are not giving this store enough credit. ...
©2016 Cox Search, Inc. All rights reserved. Data provided in part by Localeze and Valpak.


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Promoter Eddie Hearn is adamant that IBF heavyweight champion Anthony Joshua wants Klitschko fight next, as well as Wladimir wanting the fight too. As the days continue to go by the more and more likely a November 26th showdown between Anthony Joshua and Wladimir Klitschko looks more and more possible. But there are no guarantees in boxing. Joshua's mandatory contender…
Eddie Hearn Does Impressions Of Arum, Joshua, Eubank and More
Promoter Eddie Hearn does impressions of some well known people in boxing rather hilariously.
This is some of the funniest stuff I've come across in boxing in quite some time.
There was a guy during the summer in the UK who was doing video impressions of British boxing personalities, but Hearn's might even be a bit better than his.
Promoter Eddie Hearn comes in for some criticism online, but these (below) impersonations and impressions of well known figures in boxing were quite hilarious to be fair.
Hearn goes through all sorts of characters in boxing from the UK to the US, including Bob Arum, Anthony Joshua, Chris Eubank (senior), Nathan Cleverly, Amir Khan, Gennady Golovkin, Kell Brook, Tony Bellew, Jim McDonnell, Adam Smith and more.
Could he have missed his calling?
We'll let you decide by watching this clip with Kugan Cassius of IFL TV (impressions go from roughly the start until about eight minutes into the video):
From a boxing perspective Hearn is currently looking to get some big fights over the line – namely a potential Anthony Joshua vs Wladimir Klitschko showdown in the UK.
It has been reported a deal is getting close and that in fact it could end up as being a unification fight in the heavyweight division if Tyson Fury gets stripped of his titles by the sanctioning bodies.
An announcement should be made in the coming days it is expected.


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I Can't Get Anything Right. After All, I Am A Woman
I can't get anything right because when I wear make-up I'm hiding my true self. I'm lying. Men like women who wear less make-up, they say. But if I don't wear makeup, I look tired. Did you sleep okay last night?


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The brown sugar will make a syrup. You may want to spoon this liquid over potatoes 2 or 3 times during cooking. If potatoes appear to be drying out, lay a piece of foil across the top. If they dont seem to be baking fast enough, raise temperature to 450. Get the short fat can of otatoes. If you get a tall can, add more brown sugar.
- Yield
- 6 servings
- 1 large can sweet potatoes
- 1 c brown sugar
- cinnamon
- nutmeg
- butter
- salt
- Preheat oven to 400. Drain sweet potatoes, reserving 1/4 c liquid. Place potatoes and reserved liquid in casserole. Cut potatoes into chunks. Cover generously with brown sugar. Dot with butter. Sprinkle with cinnamon, nutmeg, and salt. Bake 45 minutes.
Nutritional Info
- Calories194
- Carbohydrates43 g(14%)
- Fat2 g(3%)
- Protein2 g(3%)
- Saturated Fat1 g(6%)
- Sodium457 mg(19%)
- Polyunsaturated Fat0 g
- Fiber2 g(7%)
- Monounsaturated Fat1 g
- Cholesterol5 mg(2%)


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This is your resource to discuss support topics with your peers, and learn from each other.
Hello everybody. I need some help, I have a Blackberry Z10 that is activated in a BES10 version 10.1. The problem is, when I send the WIFI profile via BES, the e-mail stops working. If I perform the same WIFI configuration manually, the email works fine.
Solved! Go to Solution.
When you push out a WIFI profile it will be marked as a work profile (briefcase icon) and when connected the device will attempt to make a direct connection to Exchange. When the profile is manually configured the device will connect to Exchange through the BlackBerry infrastructure and your BES.
It sounds like Exchange isn't directly accessible to your WIFI network. Try turning on the IT Policy Network Access Control for Work Apps and force the traffic to always route through the BlackBerry infrastructure:


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More fish News
Reports: Pollution Killing Fish On China's Yangtze River; Effluent From Factories Eyed
Forum Rules
I have a bunch of really nice fish looking for new
homes. Email for specific prices as some are
ind ...
I sell a wide range of replacement parts for
aquariums. Many of them you won't find anywhere
else. I ...
Two stacked aquariums available for local pick up
Fully equipped with lights, covers, penguin ...


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22 Domestic Jobs in Springs
Lady required for cleaning only. Must be living in Pomona, Bredell or Brentwood Park area, 30 to 38 years of age, must have experience & traceable references,from: Gumtree ZA - 3 days ago
Provide expertise on warehouse and base operations policies and procedures and other relevant matters to domestic operations....from: Careers24 - 3 days ago
ELECTRICIAN Domestic & Industrial...from: JustTheJob.co.za - 3 days ago
Rewarding and challenging career opportunity for Export Sales Manager (Key Accounts) and Domestic Sales Manager (Key Accounts) to drive new marketing...from: JobVine.co.za - 16 days ago
We are looking for local roofers to help with domestic inquiries, waterproofing, cutter cleaning & roof repairs....from: Gumtree ZA - 23 days ago
We are looking for Childcare, Baby sitter and Domestic workers we need people residing in Johannesburg. Salary start from R5000....from: Gumtree ZA - 3 days ago
Part time domestic required to do proper domestic cleaning.She would be required to do some ironing and needs to be intelligent enough to use decide what needs...from: Gumtree ZA - 14 days ago
A Marble & Granite company based in Kempton Park URGENTLY requires 2 External Salesladies from the granite or kitchen industry and construction to start asfrom: Gumtree ZA - 3 days ago
Do all domestic chores and look after kids in afternoons. I am urgently looking for a lady to start asap 28th November 2016 as a domestic....from: Gumtree ZA - 3 days ago
Must be able to handle all duties of a domestic, i.e cleaning, ironging etc. I am urgently looking for a housekeeper/domestic....from: Gumtree ZA - 9 days ago
We require a honest and reliable domestic housekeeper for our additional flat in Springs. Reliable Housekeeper Needed Urgently....from: Gumtree ZA - 9 days ago
We specialised on both Domestic & Industrial such as speed humps,drive ways,tennis courts,potholes,resurface old surface using Bituman,turning old surface to...from: Gumtree ZA - 12 days ago
THIS IS A STAY IN POSITION A nanny is needed for house keeping and child minding job. Job Description - General House hold duties and taking care of 3from: Gumtree ZA - 18 days ago
Trainee position cleaning admin reception. R1500 per month. Accommodation incl. Must have matric be female between ages 21 to 30. Long hours must be a teamfrom: Gumtree ZA - 17 days ago
Family seeking a live-in Nanny to assist with 4 children and domestic work. Must be able to work weekends if necessary....from: Gumtree ZA - 18 days ago
jobs by


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Genetic tool develops to know risk of heart disease342 views
To recognize persons at the peril of coronary heart disease (CHD) very earlier and get better its deterrence, a latest genetic risk tool has been made by an Indian-origin researcher.
Genetic factors have extensive been recognized to make a momentous contribution to CHD jeopardy. Latest advances in genetics have directed to the recognition of a lot of Single Nucleotide Polymorphisms, or SNPs — a little dissimilarities in our DNA that differ from person to person.
The research study, which presented in the European Heart Journal, illustrates that how employing this latest knowledge could direct the way for earlier and more personalized anticipatory interventions.
By conducting research on more than 49,000 SNPs the researchers made a score, recognized as a genomic risk score (GRS), and illustrated that the elevated the GRS the upper the future peril of CHD. People with a GRS in the top 20 percent had more than five-fold upper life-time peril of CHD.
The clinical risk scores are relied on recognized danger factors for CHD for example cholesterol level, possessing high blood pressure or diabetes and smoking. But these kind scores are vague and incapable of recognizing a great amount of people who develop CHD.
The researchers illustrated that the GRS was autonomous of the clinical risk scores and by merging the two risk score tools they were very capable of forecasting people who were at danger of developing CHD in the next 10-years.
Nilesh Samani, who is the Professor at the University of Leicester, England, stated that "This research study displays the potential advantages of employing a genetic risk score over and above contemporary methods to recognize people at amplified danger of coronary heart disease. We previously recognize that CHD begins at an early age, numerous decades before symptoms develop, and preventative measures should ideally be applied much earlier, especially to those who are at increased risk,"


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Who's Afraid of Edward Albee?
Imagine conducting a classic symphony while the composer himself looks on. That's exactly the pressure directors Gregory Boyd and Pam McKinnon will face when Who's Afraid of Virginia Woolf? and The Goat or Who Is Sylvia? open at the Alley Theatre this month. Both works were written by Houston playwright Edward Albee.
Albee has collaborated with the directors on both productions, having his say about the casting, the set and their interpretations of the plays.
Many playwrights choose not to participate in productions of their work. But Albee, as Boyd says, is "a man of the theater" who's had a long relationship with the Alley. The double bill celebrates Albee's 75th birthday.
Who's Afraid of Virginia Woolf? / The Goat or Who Is Sylvia?
Alley Theatre, 615 Texas Avenue
Who's Afraid of Virginia Woolf? runs Friday, January 10, through Saturday, February 8. $20 to $50. The Goat or Who Is Sylvia? runs Friday, January 17, through Sunday, February 16. $25 to $45. For details, call 713-228-8421 or visit www.alleytheatre.org.
"To have [Albee] in the room bodily," says Boyd, who's directing Woolf, "is a once-in-a-lifetime experience." Boyd, the Alley's artistic director, has been an Albee fan since he was a teenager and deems the playwright's story about one drunken evening in the lives of two couples to be "inarguably a masterpiece."
Upcoming Events
U Of H Men's Basketball Chart
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Beaumont Civic Ballet 2016-2017 Season Present "The Nutcracker"
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Young Thug
TicketsTue., Dec. 13, 8:00pm
The Goat, Albee's new play about, among other things, a man who falls in love with a goat, won the 2002 Tony Award for Best Play and has become a Broadway hit.
"It definitely adds pressure I mean, he's Edward Albee," says McKinnon, the director of The Goat. "But it's also exciting because he's Edward Albee If an actor is making a choice that [Albee] hadn't thought about, he certainly won't squash it immediately There's not a narrow way to do it right, but there are definitely ways to do it wrong."
McKinnon says that sometimes a director's minor changes in staging or intonation can throw off the logical progression of an Albee play. "The plays are exacting," she says, "whether he's there or not."
Still, Albee's presence certainly doesn't hurt. "He's the expert," says Boyd. "He wrote the damn play."
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Potential pitfalls following a no win no fee* accident in Mid Suffolk
When you have never been involved in a no win no fee* accident in Mid Suffolk before, it can be hard to know exactly what you need to do. There is a lot of advice that you can read through that will help you to stay on the right track, but it also pays to be aware of the potential pitfalls that are out there. You need to avoid these to prevent any further problems from occurring. Thankfully, we are here to help you! In this article, we identify the pitfalls that you need to steer clear of after being involved in a no win no fee* accident in Mid Suffolk.
Neglecting the important things that you need to take care of
After an accident, you need to take it easy and be careful that you don't put too much pressure on yourself. It can be easy to burn out, and you don't want to do this as it can have a real negative impact on your overall recovery. However, the fact still remains that there are certain things that need to be taken care of, and the sooner, the better. These things are likely to include:
- Attending medical appointments to get you back on your feet and help you overcome any injuries that you are suffering from
- Calling your insurance to provider to find out where you stand, what you need to pay for, and what might happen in terms of your existing policy
- Talking to your boss to arrange any time off work that you need to take for your recovery or to attend vital appointments
Make a list of what you need to do, and be practical about when you can achieve everything. It's sensible to break things down into manageable chunks so that you don't become stressed out and overwhelmed about the whole thing.
Not making a claim for compensation
If your no win no fee* accident in Mid Suffolk happened during the past three years and it wasn't your fault, you might be able to make a claim for compensation. To explore this option, get in touch with Accident Advice Helpline by calling 0800 689 0500 from a landline or 0333 500 0993 from a mobile.
Avoid this pitfalls to facilitate a quicker and easier recovery after your accident. It can be easier than you think to get back on your feet.
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May 23, 2007
PETER N. GEORGACARAKOS, PLAINTIFF,v.HARRELL WATTS, ET AL., DEFENDANTS.
Mr. Georgacarakos is a federal inmate proceeding pro se. He filed this action pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 404 U.S. 388 (1971), alleging that employees of the Bureau of Prisons ("BOP") violated his constitutional rights.*fn1 Pursuant to Fed. R. Civ. P. 12(b), defendants move to dismiss for lack of personal jurisdiction, improper venue, and insufficiency of process.
Plaintiff is incarcerated at USP-Florence. Am. Compl. at 2. He alleges that the BOP has discriminated against him based on his religion and improperly labeled him a "white supremacist." Id. at 5. As a result, he was forced to consume a Muslim diet and improperly kept in administrative maximum. Id. He also claims that BOP employees at USP-Florence obstructed his ability to do legal research and destroyed his papers in violation of the First Amendment. Id. at 6, 8.
According to plaintiff, the defendants changed his security classification, thus adding to his time in the prison's isolation unit, in violation of due process. Id. at 6-7. He was ordered to remain in isolation for years despite his depression and was forced to take antidepressants to prevent him from committing suicide. Id. at 7. Plaintiff seeks damages and injunctive and declaratory relief. Id. at 26.
On a motion to dismiss, I must accept all well-pleaded factual allegations as true and draw all reasonable inferences in favor of the plaintiff. Taylor v. Fed. Deposit Ins. Corp., 132 F.3d 753, 761 (D.C. Cir. 1997). "[A] complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief." Conley v. Gibson, 355 U.S. 41, 45-46 (1957); Browning v. Clinton, 292 F.3d 235, 242 (D.C. Cir. 2002); Kowal v. MCI Communications Corp., 16 F.3d 1271, 1276 (D.C. Cir. 1994). "Indeed it may appear on the face of the pleadings that a recovery is very remote and unlikely but that is not the test." Swierkiewicz v. Sorema, 534 U.S. 506, 515 (2002) (quoting Scheuer v. Rhodes, 416 U.S. 232, 236 (1974)).
A. Personal Jurisdiction
Defendants assert that this Court lacks personal jurisdiction over them. Plaintiff bears the burden of establishing personal jurisdiction over each defendant. Atlantigas Corp. v. Nisource, Inc., 290 F. Supp. 2d 34, 42 (D.D.C. 2003). In order to meet his burden, plaintiff must allege specific facts on which personal jurisdiction can be based; he cannot rely on conclusory allegations. Id. Furthermore, plaintiff cannot aggregate allegations concerning multiple defendants in order to demonstrate personal jurisdiction over any individual defendant. Id. However, plaintiff need only make a prima facie case for personal jurisdiction to survive a motion to dismiss. First Chicago Int'l v. United Exch. Co., 836 F.2d 1375, 1378 (D.C. Cir. 1988).
In deciding a motion to dismiss for lack of personal jurisdiction under Fed. R. Civ. P. 12(b)(2), the court need not treat plaintiff's allegations as true. Atlantigas Corp., 290 F. Supp. 2d at 42. Rather, it may consider and weigh affidavits and other relevant matter in making the jurisdictional determination. Id. Hence, a court may consider materials outside the pleadings in ruling on a motion to dismiss for lack of personal jurisdiction. Artis v. Greenspan, 223 F. Supp. 2d 149, 152 (D.D.C. 2002).
The complaint does not list the addresses of the defendants, but states that Hood, Wiley, Smith, Helm, Martinez and Javernick are employed at USP-Florence in Colorado. Am. Compl. at 3-4. Defendant Watts is located at the BOP's headquarters in Washington, DC. Id. at 2. This fact by itself is insufficient to confer personal jurisdiction over a BOP official. See Cameron v. Thornburgh, 983 F.2d 253, 256 (D.C. Cir. 1993). Defendants Nalley and Hershberger are or were employed at the BOP's regional office in Kansas. Am. Comp. at 2, 3-4. None of the defendants appears to reside in the District of Columbia and plaintiff has not made such a claim. Plaintiff therefore has not established personal jurisdiction based on residence in the District. The District of Columbia long-arm statute, D.C. Code § 13-423 is the only basis upon which personal jurisdiction may be exercised over defendants who do not reside within or maintain a place of business in the District. See Reuber v. United States, 750 F.2d 1039, 1040 (D.C. Cir. 1984); Robertson v. Merola, 895 F.Supp. 1, 3 (D.D.C. 1995). The long-arm statute provides that a Court may exercise personal jurisdiction over those who have (1) transacted business in the District of Columbia; (2) contracted to supply services in the District of Columbia; (3) caused a tortious injury in the District of Columbia by an act or omission in the District; or (4) caused a tortious injury in the District of Columbia by an act or omission outside the District while regularly doing or soliciting business or engaging in any other persistent course of conduct in the District. D.C. Code § 13-423(a)(1)-(4)(2006). Defendants are subject to personal jurisdiction in a forum if they purposely "establish minimal contacts" such that "the maintenance of the suit does not offend traditional notions of fair play and substantial justice." Int'l Shoe Co. v. Washington, 326 U.S. 310, 316 (1945). For there to be personal jurisdiction under the long-arm statute, a plaintiff must allege some specific facts evincing purposeful activity by defendants in the District of Columbia, by which they invoked the benefits and protections of its laws, and specific acts connecting the defendants with the forum. See Cellutech v. Centennial Cellular Corp., 871 F.Supp. 46, 48 (D.D.C. 1994). A defendant must "reasonably anticipate" "being haled into" the plaintiff's chosen forum. WorldWide Volkswagen Corp. v. Woodson, 444 U.S. 286, 297 (1980).
The complaint does not allege that any of the defendants transacted business in the District of Columbia or committed or caused a tortious injury here.*fn2 Therefore, the Court also lacks personal jurisdiction over the defendants based on the long-arm statute.
B. Venue
Defendants also move to dismiss the complaint based on improper venue. In ruling on such a motion, the court must accept all well-pleaded factual allegations as true and draw all reasonable inferences in favor of the plaintiff. Darby v. U.S. Dep't of Energy, 231 F. Supp. 2d 274, 277 (D.D.C. 2002); 2215 Fifth St. Assocs. v. U Haul Int' l, Inc., 148 F. Supp. 2d 50, 54 (D.D.C. 2001). The court, however, need not accept the plaintiff's legal conclusions as true. 2215 Fifth St. Assocs., 148 F. Supp. 2d at 54. To prevail on a motion to dismiss for improper venue, a defendant must present facts that will defeat a plaintiff's assertion of venue. Id.
Venue in a Bivens case is governed by 28 U.S.C. § 1391(b). Cameron, 983 F.2d at 257; Freeman v. Fallin, 254 F. Supp. 2d 52, 57 (D.D.C. 2003). Under that statute, venue is proper in "(1) a judicial district where any defendant resides, if all defendants reside in the same State, (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred . . . or (3) a judicial district in which any defendant may be found, if there is no district in which the action may otherwise be brought." 28 U.S.C. § 1391(b). The purpose of venue statutes is to protect "`a defendant from the inconvenience of having to defend an action in a trial court that is either remote from the defendant's residence or from the place where the acts underlying the controversy occurred.'" Modaressi v. Vedadi, 441 F. Supp. 2d 51, 53 (D.D.C. 2006) (quoting VE Holding Corp. v. Johnson Gas Appliance Co., 917 F.2d 1574, 1576 (Fed. Cir. 1990)).
The venue requirements are liberally interpreted in this district. El-Bey v. United States, No. 04-1231, 2004 WL 2418306, at *2 (D.D.C. Sept. 28, 2004). Venue is proper if the "activities that transpired in the forum district were not insubstantial in relation to the totality of the events" alleged by the plaintiff. Lamont v. Haig, 590 F.2d 1124, 1134 n. 62 (D.C. Cir. 1978). Nevertheless, venue challenges should be examined carefully to ensure that a party is not manufacturing venue in the District of Columbia. Cameron, 983 F.2d at 256.
Venue is improper in this district because none of the federal defendants resides in the District of Columbia and none of the events relevant to this case occurred here.*fn3 Plaintiff's claims concern events that occurred at USP-Florence. This judicial district has no connection to the actions alleged by plaintiff. Based on the language of the statute and the relevant events of this case, the Court concludes that venue is not proper in this district.
C. Insufficiency of Process
The party on whose behalf service is made has the burden of establishing its validity and must demonstrate that the procedure satisfied the requirements of Rule 4 of the Federal Rules of Civil Procedure. Light v. Wolf, 816 F.2d 746, 751 (D.C.Cir. 1987). A district court has no duty to assist a plaintiff in locating a defendant's address for the purpose of service of process. Barmes v. Nolan, 123 Fed. Appx. 238, 249 (7th Cir. 2005). Even a pro se litigant must comply with the Federal Rules of Civil Procedure. Clariett v. Rice, No. 04-2250, 2005 WL 3211694, at *4 (D.D.C. Oct. 18, 2005); Jarrell v. Tisch, 656 F.Supp. 237, 239 (D.D.C. 1987).
To properly serve a federal government employee in an official or individual capacity, a party is required to deliver a copy of the summons and complaint to (1) the officer or employee; (2) the United States Attorney for the district in which the action is brought; and (3) the Attorney General of the United States in Washington, DC. Fed. R. Civ. P. 4(i)(1). In addition to these requirements, if a federal employee is sued in his individual capacity, a copy of the summons and complaint must be delivered to the defendant personally or left at his "dwelling house or usual place of abode." Fed. R. Civ. P. 4(e) & 4(i)(2)(B). In a Bivens action, the defendants must be personally served as individuals in order for a court to have jurisdiction over them. Simpkins v. Dist. of Columbia Gov't, 108 F.3d 366, 369 (D.C.Cir. 1997). The failure to effect individual service is fatal to a Bivens claim. Freeman v. Fallin, 210 F.R.D. 255, 256 (D.D.C. 2002); Pollack v. Meese, 737 F.Supp. 663, 666 (D.D.C. 1990).
Because plaintiff is proceeding in forma pauperis, service of process was performed by the United States Marshal. See 28 U.S.C. § 1915(d). Since the complaint does not include the personal addresses of the defendants, the United States Marshal served the defendants at their place of employment. Defendants have not been served at their residences as required by Rule 4(e).
Plaintiff also has not complied with the time limits of Rule 4(m) of the Federal Rules of Civil Procedure. That rule provides that the summons and complaint must be served on a defendant within 120 days after the filing of the complaint or the court "shall dismiss the action without prejudice" as to that defendant. Fed. R. Civ. P. 4(m). However, courts "shall extend the time for an appropriate period" if the plaintiff shows "good cause" for failure to effect timely service. Id. The plaintiff bears the burden of showing good cause. Byrd v. Dist. of Columbia, 230 F.R.D. 56, 59 (D.D.C. 2005); Whitehead v. CBS/Viacom, Inc., 221 F.R.D. 1, 3 (D.D.C. 2004).
More than 120 days have passed since the complaint was filed. Plaintiff has failed to demonstrate good cause for his failure to effect service in a timely manner. Ignorance of the rules of procedure does not constitute good cause. Whitehead, 221 F.R.D. at 3. Moreover, if any extension were to be granted by this Court, it is unlikely that plaintiff could remedy the defect in the service on defendants. Although pro se litigants are given more latitude than represented parties to correct defects in service of process, see Moore v. Agency for Int'l Dev., 994 F.2d 874, 875 (D.C.Cir. 1993), this case has been pending for over eleven months and plaintiff has not provided to the Court the residential addresses of the defendants. Additional time will not assist plaintiff. Therefore, the claims against defendants are also subject to dismissal pursuant to Rules 4(e) and 4(m).
Based on the foregoing, defendants' motion will be granted and the case dismissed. A separate order accompanies this Memorandum Opinion.
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Must be experienced in OOD/OOP development, i.e. C/C++
Mastery of Objective C, Cocoa, and the iPhone SDK
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Check in from 15h / Check out prior to 10h
Hotel Sporting Baia: Find photos, reviews, information, amenities and compare prices for 4 stars hotels in Giardini Naxos, Italy.
Hotel Sporting Baia is situated on Sicily and offers 4-star accommodation in addition to a Jacuzzi and a private beach. Those staying at the property have access to a swimming pool, a sauna and a steam bath.
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Event Archive - Halloween Bash with: Kooler, Ken Mason
Sat. October 31st 2015 @ Langford Legion (No Minors)
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Apple iPad, iPhone hit with multitouch patent lawsuit
Apple's patent karma is balancing as one tech company sues to block the iPad and other multi-touch Apple products from the United States.
Apple's patent karma is balancing as one tech company sues to block the iPad and other multi-touch Apple products from the United States.
Yesterday gave way to a Wall Street Journal report that suggests a new Apple iPhone is coming sometime this summer, and could make its w...
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The ball is in Apple's court with the Opera Mini Web browser for the iPhone, which is now pending approval in the iPhone App Store.
A delayed flight didn't stop Vincenzo Iozzo and Ralf Weinmann from scoring a cool US$15,000, a brand-new iPhone and a trip to Las Vegas at the annual Pwn2Own hacking contest in Vancouver on Wednesday.
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Steve Ballmer doesn't use one but apparently as many as 10,000 Microsoft employees do. Embarrassingly, the device in question is Apple's iPhone.
China now has the iPhone and more big-name smartphones are due in the country, but few buyers overall are choosing smartphones despite promotion by China's mobile carriers.
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Apple filed a patent infringement lawsuit Tuesday against HTC, claiming that the Taiwanese company is infringing 20 Apple patents.
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First impression on unpacking the Q702 test unit was the solid feel and clean, minimalist styling.
For work use, Microsoft Word and Excel programs pre-installed on the device are adequate for preparing short documents.
The Fujitsu LifeBook UH574 allowed for great mobility without being obnoxiously heavy or clunky. Its twelve hours of battery life did not disappoint.
The screen was particularly good. It is bright and visible from most angles, however heat is an issue, particularly around the Windows button on the front, and on the back where the battery housing is located.
My first impression after unboxing the Q702 is that it is a nice looking unit. Styling is somewhat minimalist but very effective. The tablet part, once detached, has a nice weight, and no buttons or switches are located in awkward or intrusive positions.


text: So I've jailbroken iPods plenty before and never encountered any major problems, but I was trying to jailbreak this guy's 8GB iPod Touch 2G for him tonight (using Blackra1n) and I fully restored and updated his iPod beforehand, but when I clicked "Make it ra1n", it said that it would be complete after the iPod reboots, as usual, but the iPod wouldn't reboot. It didn't do anything. I tried this several times, restored it all over again, tried running blackra1n twice, etc. but it won't jailbreak. :/ Any insight is muchly appreciated. Thanks in advance! Please Register or Log in to view images -Ashley


text: Yesterday, Bloomberg reported that Apple's bitter rival Samsung was the sole supplier of Retina Displays for the new iPad. The report, which cited supply chain source iSuppli, stated that other display makers including LG and Sharp were not used because of quality control issues. Reuters has debunked those claims, however, stating that LG is also in a panel supply deal with Apple for the new iPad.


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Ronacrete Limited
Safety flooring
Description RonaGrip Instant Safety Sheet is a high quality composite of glass woven matting impregnated with polyester resin. The energy absorption and flexibility of the product, ensures its long life, even in the busiest of environments.A compound of a special formula of grit is added in the final layer of laminate providing an excellent slip resistant and hard wearing surface.RonaGrip Instant Safety Sheet is resistant to a wide range of chemicals and are perfectly suited for use even in the harshest of environments. Chemical resistance guides are available upon request.The versatility of RonaGrip Instant Safety Sheet allows it to be applied to almost any surface such as concrete, steel or wood. The fact that it is supplied as a finished product means that it can be walked on straight away thus keeping disruption to a minimum. Uses Internal and external use Suitable for industrial, commercial and retail use Emergency slip resistant solution
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