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New Jersey Superior Court, Appellate Division
Decided: October 10, 1969.
STATE OF NEW JERSEY, BY THE COMMISSIONER OF TRANSPORTATION, PLAINTIFF-APPELLANT,v.JOSEPH N. APPLEGATE, ET AL., DEFENDANTS-RESPONDENTS
Goldmann, Lewis and Matthews. Goldmann, P.J.A.D.
[107 NJSuper Page 160]
Plaintiff appeals a Law Division judgment awarding defendants $25,000 in condemnation following a jury trial.
On November 10, 1967 the Commissioner of Transportation instituted condemnation proceedings, and on that day filed a declaration of taking and an order for payment into court of the estimated value of the taking, $1,850. That amount was deposited with the clerk of the court. Lis pendens
[107 NJSuper Page 161]
was filed November 13 and defendants received a copy of the declaration of taking on November 17.
The property to be taken is described in an exhibit attached to the complaint. The State sought condemnation of a 45' X 14' strip along Clifton Avenue, running from Route 37, together with a slope easement adjacent thereto ranging from 3' to 6' in depth. The slope easement included the right to top-soil, seed, plant trees, vines and shrubs, and to maintain the same so as to stabilize the soil, prevent erosion and improve the aesthetic aspects of the highway. The description of the strip and slope was contained in the declaration of taking as well as in the lis pendens.
The condemnation commissioners fixed the value of the taking, including damage to the remainder of defendants' property, at $18,000. The State appealed and demanded a jury trial. Just prior to trial counsel for the Commissioner of Transportation moved to amend the complaint, as well as the map attached thereto, by altering the slope easement provision so as to show that defendant owners would have access to and from Clifton Avenue. Defendants opposed the attempted amendment, claiming it had come too late and that the taking had been consummated by the procedures followed by the Commissioner. The judge required the filing of a formal motion. The owners opposed the motion on the grounds just mentioned, as well as for the reason that the only matter to be determined by the jury was the amount the State had to pay for the taking described in the complaint. The motion was denied. The jury trial followed, resulting in an award of $25,000.
On this appeal the State argues that a fair and just settlement required that the State be permitted to amend its complaint to conform to the Commissioner's intent as shown in the detailed construction plan, and "to clear up any possible ambiguity concerning the easement rights being acquired." It argues that amendments are freely given when justice requires, and that in passing upon a motion to amend,
[107 NJSuper Page 162]
the trial judge must exercise sound judicial discretion in light of the factual situation then existing.
The detailed construction plan was never made known to defendants but remained in the files of the Department of Transportation. Although that plan indicated there would be curb cuts which would have allowed ingress and egress to and from Clifton Avenue, neither the plan attached to the complaint nor the description contained in the exhibit attached to that pleading show such cuts. It is obvious that whoever prepared the description did not employ language which would have clearly informed defendants of the curb cuts appearing in the construction plan prepared by the Commissioner.
In the interests of justice, the State should have specified that there would be access from Clifton Avenue. In Mueller v. N.J. Highway Authority , 59 N.J. Super. 583 (App. Div. 1960), this court observed that
Where property is conveyed to or condemned by a governmental authority for general highway purposes, such conveyance or condemnation does not preclude or extinguish the abutting owner's right of access onto that highway unless the taking instrument expressly indicates a contrary intention or unless it can be said that the abutting owner's loss of access rights was within the contemplation of the parties at the time of the taking and was therefore compensated for in the consideration or damage award. [Citations omitted; at 592]
N.J.S.A. 27:7-22, the statute under which the condemnation proceedings were instituted, provides in pertinent part:
Upon the filing of the declaration and the depositing with the clerk of the Superior Court the amount of the estimated compensation as stated in the declaration, the department, without other process or proceedings shall be entitled to the exclusive possession and use of each tract or parcel of property described in the declaration and may forthwith enter into and take possession of said property, it being the intent of this provision that the action to fix the compensation to be paid or any other proceeding relating to the
[107 NJSuper Page 163]
taking of such property or interest therein shall not delay the taking of possession and the use thereof by the department for purposes authorized by this act. The department shall not abandon any condemnation proceeding subsequent to the date upon which it has taken possession of the property as herein provided. [Emphasis added]
This legislation stemmed from the report of the Eminent Domain Revision Commission of April 15, 1965 and was enacted by L. 1965, c. 79, as amended by L. 1966, c. 155.
Defendants argue that, in effect, title passed with the filing of the declaration of taking, the order to pay into court, and payment of the $1,850 to the clerk. The basis for this claim is the Eminent Domain Revision Commission report just mentioned which, in paragraph 7, stated that the Commission recommended that title pass to the condemning agency upon the earliest of four certain events, the second being the date of filing of the declaration of taking. The defect in this reasoning is that the statute contains no such provision. We observe that the Federal Condemnation Act, 40 U.S.C.A. § 258a, expressly so provides. That statute was enacted in 1931 and long pre-existed N.J.S.A. 27:7-22. The New Jersey legislation did not embrace the federal provision nor carry out the recommendation of the Eminent Domain Revision Commission.
N.J.S.A. 27:7-22, quoted above, states that the Department of Transportation "shall not abandon any condemnation proceeding subsequent to the date upon which it has taken possession of the property * * *." Defendants admit that the Department has not yet taken possession; they still have access to their gasoline station from Clifton Avenue. In light of this fact and the particular circumstances attending this case, plaintiff should have been allowed to amend the complaint and its accompanying description and map.
Accordingly, we conclude that the matter should be remanded to the condemnation commissioners who, following an amendment of the complaint, description and map, shall consider anew the value of the taking and the damage to defendant's remaining property. In view of the fact that
[107 NJSuper Page 164]
defendants have been put to an unnecessary expense, plaintiff is to pay defendants the costs incurred on this appeal. We do not retain jurisdiction.
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June 4, 2009
JASON ISSAC WEST, PLAINTIFFv.RAYMOND SOBINA, ET AL. DEFENDANTS.
MEMORANDUM OPINION *fn1
A. Relevant Procedural History
On July 14, 2008, Plaintiff, a prisoner, filed the instant action pro se. Plaintiff alleges that Defendants "denied and hindered adequate medical attention" following an elbow injury in violation of his Eighth Amendment rights. Document # 7. Named as Defendants are: Superintendent Raymond Sobina, Deputy Superintendent S.L. Heaster, Nurse Jean Puhl and Nurse Joan Delie (the Commonwealth Defendants) and Rhonda Sherbine and Dr. Robert Maxa (the Medical Defendants). As relief, Plaintiff seeks monetary damages.
The Commonwealth Defendants and the Medical Defendants are represented separately and have each filed a motion to dismiss. Document ## 21, 27. Plaintiff has filed a Brief in Opposition to the pending dispositive motions. Document # 31. The medical Defendants have filed a Reply Brief. Document # 32.
The issues are fully briefed and are ripe for disposition by this Court.
B. Standards of Review
1. Pro se Litigants
Pro se pleadings, "however inartfully pleaded," must be held to "less stringent standards than formal pleadings drafted by lawyers." Haines v. Kerner, 404 U.S. 519, 520-521 (1972). If the court can reasonably read pleadings to state a valid claim on which the litigant could prevail, it should do so despite failure to cite proper legal authority, confusion of legal theories, poor syntax and sentence construction, or litigant's unfamiliarity with pleading requirements. Boag v. MacDougall, 454 U.S. 364 (1982); United States ex rel. Montgomery v. Bierley, 141 F.2d 552, 555 (3d Cir. 1969)(petition prepared by a prisoner may be inartfully drawn and should be read "with a measure of tolerance"); Smith v. U.S. District Court, 956 F.2d 295 (D.C.Cir. 1992); Freeman v. Department of Corrections, 949 F.2d 360 (10th Cir. 1991). Under our liberal pleading rules, during the initial stages of litigation, a district court should construe all allegations in a complaint in favor of the complainant. Gibbs v. Roman, 116 F.3d 83 (3d Cir. 1997). See, e.g., Nami v. Fauver, 82 F.3d 63, 65 (3d Cir. 1996)(discussing Fed.R.Civ.P. 12(b)(6) standard); Markowitz v. Northeast Land Company, 906 F.2d 100, 103 (3d Cir. 1990)(same). Because Plaintiff is a pro se litigant, this Court will consider facts and make inferences where it is appropriate.
2. Motion to Dismiss Pursuant to 12(b)(6)
Rule 8(a) of the Federal Rules of Civil Procedure states that a pleading must set forth a claim for relief which contains a short and plain statement of the claim showing that the pleader is entitled to relief. A motion to dismiss filed pursuant to Federal Rule of Civil Procedure 12(b)(6) must be viewed in the light most favorable to the plaintiff and all the well-pleaded allegations of the complaint must be accepted as true. Erickson v. Pardus, 551 U.S. 89, ___ 127 S.Ct. 2197, 2200 (2007); Neitzke v. Williams, 490 U.S. 319 (1989); Estelle v. Gamble, 429 U.S. 97 (1976). The issue is not whether the plaintiff will prevail at the end but only whether he should be entitled to offer evidence to support his claim. Neitzke; Scheuer v. Rhodes, 419 U.S. 232 (1974). A complaint must be dismissed pursuant to Rule 12 (b)(6) if it does not allege "enough facts to state a claim to relief that is plausible on its face." Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007)(rejecting the traditional 12 (b)(6) standard set forth in Conley v. Gibson, 355 U.S. 41 (1957)). See also Ashcroft v. Iqbal, ___ U.S. ___, ___, ___ S.Ct. ___, ___ 2009 WL 1361536 (May 18, 2009) (specifically applying Twombly analysis beyond the context of the Sherman Act). The court must accept as true all allegations of the complaint and all reasonable factual inferences must be viewed in the light most favorable to plaintiff. Angelastro v. Prudential-Bache Securities, Inc., 764 F.2d 939, 944 (3d Cir. 1985). The Court, however, need not accept inferences drawn by plaintiff if they are unsupported by the facts as set forth in the complaint. See California Pub. Employee Ret. Sys. v. The Chubb Corp., 394 F.3d 126, 143 (3d Cir. 2004) citing Morse v. Lower Merion School Dist., 132 F.3d 902, 906 (3d Cir. 1997). Nor must the court accept legal conclusions set forth as factual allegations. Twombly, 550 U.S. at 556, citing Papasan v. Allain, 478 U.S. 265, 286 (1986). "Factual allegations must be enough to raise a right to relief above the speculative level." Twombly, 550 U.S. at 556. Although the United States Supreme Court does "not require heightened fact pleading of specifics, [the Court does require] enough facts to state a claim to relief that is plausible on its face." Id. at 570.
In other words, at the motion to dismiss stage, a plaintiff is "required to make a 'showing' rather than a blanket assertion of an entitlement to relief." Smith v. Sullivan, 2008 WL 482469, at *1 (D.Del. February 22, 2008) quoting Phillips v. County of Allegheny, 515 F.3d 224, 231 (3d Cir. 2008). "This does not impose a probability requirement at the pleading stage, but instead simply calls for enough facts to raise a reasonable expectation that discovery will reveal evidence of the necessary element." Phillips, 515 F.3d at 232, quoting Twombly, 550 U.S. at 556 n.3.
C. The Eighth Amendment Claim
All Defendants move to dismiss this action based upon Plaintiff's failure to state a claim under the Eighth Amendment.
In the medical context, a constitutional violation under the Eighth Amendment occurs only when state officials are deliberately indifferent to serious medical needs. Estelle v. Gamble, 429 U.S. 97 (1976). The standard is two-pronged, "[i]t requires deliberate indifference on the part of prison officials and it requires that the prisoner's medical needs be serious." West v. Keve, 571 F.2d 158, 161 (3d Cir. 1978).
A serious medical need is "one that has been diagnosed by a physician as requiring treatment or one that is so obvious that a lay person would easily recognize the necessity for a doctor's attention." Monmouth County Correction Institute Inmates v. Lanzaro, 834 F.2d 326, 347 (3d Cir. 1987). A serious medical need may also be found to exist where the denial or delay of treatment results in "unnecessary and wanton infliction of pain." Id.
Deliberate indifference to a serious medical need involves the "unnecessary and wanton infliction of pain." Estelle, 429 U.S at 104. Such indifference is manifested by an intentional refusal to provide care, delayed medical treatment for non-medical reasons, denial of prescribed medical treatment, a denial of reasonable requests for treatment that results in suffering or risk of injury, Durmer v. O'Carroll, 991 F.2d 64, 68 (3d Cir. 1993), or "persistent conduct in the face of resultant pain and risk of permanent injury" White v. Napoleon, 897 F.2d 103, 109 (3d Cir. 1990). Mere misdiagnosis or negligent treatment is not actionable under §1983 as an Eighth Amendment claim because medical malpractice is not a constitutional violation. Estelle, 429 U.S. at 106. "Neglect, carelessness or malpractice is more properly the subject of a tort action in the state courts." Hampton v. Holmesburg Prison Officials, 546 F.2d 1077, 1081 (3d Cir. 1976).
Here, according to the allegations of the complaint, Plaintiff's elbow was injured during a basketball game on July 11, 2006, and he immediately went to medical where he saw Nurses Sherbine and Puhl. Plaintiff was given an arm-sling, ice, and ibuprofen. The following day, Plaintiff's elbow was x-rayed revealing no fracture or dislocation. On July 18th, Plaintiff went back to medical, spoke to Dr. Maxa, and returned the sling complaining that it caused him more pain. On July 21st, Plaintiff was seen by Sherbine and complained of pain. On July 24th, Plaintiff was again x-rayed and was given ice and ibuprofen. Plaintiff alleges he continued to go to the Medical Department on August 8th, August 29th, and October 3rd, all the while complaining of pain and severely limited range of motion in his elbow. On October 30th, a CT scan was conducted at Kane Community Hospital. On November 2nd, Dr. Maxa saw Plaintiff notifying him of a fracture and explaining the need for surgery which was conducted on November 16th. Plaintiff alleges that he was in constant pain from July 11th through November 16th and that this lapse in time constitutes cruel and unusual punishment under the Eighth Amendment.
Plaintiff has failed to state an Eighth Amendment claim upon which relief may be granted. During the time period at issue, Plaintiff was repeatedly given medical attention. The fact that a fracture was not immediately discovered does not rise to the level of an Eighth Amendment violation. Mere misdiagnosis or negligent treatment is not actionable as an Eighth Amendment claim because medical malpractice is not a constitutional violation. Estelle, 429 U.S. at 106. Indeed, prison authorities are accorded considerable latitude in the diagnosis and treatment of prisoners. Durmer, 991 F.2d at 67 (citations omitted). "[M]ere disagreements over medical judgment" do not rise to the level of an Eighth Amendment violation. White, 897 F.2d at 110. Furthermore, deliberate indifference is generally not found when some level of medical care has been offered to the inmate. Clark v. Doe, 2000 WL 1522855, at *2 (E.D.Pa. Oct.13, 2000) ("courts have consistently rejected Eighth Amendment claims where an inmate has received some level of medical care"). Any attempt to second-guess the propriety or adequacy of a particular course of treatment is disavowed by courts since such determinations remain a question of sound professional judgment. Inmates of Allegheny County Jail v. Pierce, 612 F.2d 754, 762 (3d Cir.1979), quoting Bowring v. Goodwin, 551 F.2d 44, 48 (4th Cir.1977).
Accordingly, the motions to dismiss for failure to state a claim will be granted.
An appropriate Order follows.
AND NOW, this 4th day of June, 2009;
IT IS HEREBY ORDERED that the motion to dismiss filed by Defendants Sobina, Heaster, Puhl and Delie [Document # 21] is granted.
IT IS FURTHER ORDERED that the motion to dismiss filed by Defendants Sherbine and Maxa [Document # 27] is granted.
The Clerk of Courts is directed to close this case.
SUSAN PARADISE BAXTER United States Magistrate Judge
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text: Click on the photo to zoom in Pepe Jeans Checked shirt Pepe Jeans Color: Navy blue and Red Currency AUD CAD CNY EUR GBP HKD JPY KRW RUB USD From $AU 87 From $AU 87 From $AU 87 From $AU 87 From $AU 87 Size 10 years - $AU 87 12 years - $AU 87 14 years - $AU 87 16 years - $AU 87 Size guide Size available soon Alert me when this product is available Alert me Choose your size. Pre-order : Available soon Add to basket Buy the look The item has been added to your wishlist Your item has been added to your gift list Share on Facebook Share on Twitter (@Melijoe_Fashion) Pin on Pinterest Share on Google Plus Share on Weibo Share on VK Details Cotton twill Pleasant to wearStraight collarLong sleevesSmall breast pocketsLogo buttonsCheck patternsBrand label on the chest Reference PB300719-299 Composition 100% CottonMachine washable at 30°C. Delivery: 3 working days


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Bhagirathi Guest House
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Bhagirathi Guest House, Kolkata - Overview
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text:
Kell on Advice: Must-Read for Bloggers 3/1/103/01/2010
morning show, the Elvis Duran show on Y100, and they are
interviewing Kelly Cutrone. this is so great!
the advice that she is dishing out is so true. she isn't really a
mean bitch (as she is portrayed on tv). she is actually quite smart
and really funny. i did always find her hilarious. she even told a caller
that she'd hook her up with an in in the PR world.
i love what she has to say about young people following their dreams and
remembering their childhood in order to determine what they really want to do
in life--what will really make them happy.
i like how she says that when a door closes on an opportunity, it is better
to look at the glass half full, or as she proclaims:
"...god floating in and trying to take us to somewhere new."
Kelly also tells a caller that if she wants to get her foot in the door
with her fashion journalism career that she should start
writing a blog (check);
try to intern at a small magazine that she likes (in the process);
and then in a couple of years she should be where she wants to be.
i don't think truer words were ever spoken.
and the advice she gives is relevant whether you want
to be in fashion or not. basically, if you only
get one thing from this interview it should be
that you stay true to your dreams and work hard
to reach them.
if you'd like to hear the interview then go here.
Or go here for a review of her book.
I just bought it on my Nook!
22 musings
Weird new post form...ReplyDelete
I like that lady too, she keeps it real, but in the right way.
You know I like your fashion, so all you need is a magazine and you'll have your own show called "Cheryl on Earth"
I love the show, and thanks for the comment, I will keeping an eye on your blog, you write very very well!ReplyDelete
♥ MADISON thing
hey! i like Kelly Cutrone too! and i need a new book to read so... be sure to lemme know how u like it!ReplyDelete
I love Kelly Cutrone. She's honestly a true inspiration and shows that the fashion world is brutal and it isn't all glam like they show on reality tv shows.ReplyDelete
Lovely blog.
I love Kelly so much, I never thought she was bitch, I think she is a realist... people are not so use to hear the truth I guess... I think she is a real inspiration and real role model for every young person that wants to make it...in any business...ReplyDelete
I wanna read her book so bad =)
I AM such a huge fan. She is incredibly inspirational...and if anything I think the show is helping disprove her "mean" persona!ReplyDelete
She's so funny! I love her "no crying" attitude.ReplyDelete
the best thing we can do is encourage others to follow there dream. most times it doesnt mean anything if it isnt coming from someone who hasnt already made it.ReplyDelete
so the best thing those of us who are still trying to do the same is support one another!
I watched the first episode, but I haven't been able to catch the others. I really love the show, and I think Kelly is awesome even though people think she's scary or a bitch. I want to read her book.ReplyDelete
And to reply to your lovely comment about the H&M dress, I do remember seeing the dress in white, and it's really pretty. I would wear it as my reception dress if I was to get married.
I am addicted to this show!! I think Kelly Rocks..funny I almost posted about this too :)ReplyDelete
I think that her advice is so true! I am a new follower and I love your blog!ReplyDelete
Make sure to check mine out and follow!
Kelly Cutrone? I really do like her, she has her way and she doesn't have to be a bitch about it, it's just get it out there and get it right or so long and that's exactly what people need to think about if they want to survive in the fashion world ♥ReplyDelete
I love Kell too! I'm truly inspired by her show and I am interested in buying her book. Good luck with pursuing your dreams!ReplyDelete
ohhhh KELLLLY how we love you and your bitchness<3ReplyDelete
likee this post:)
I'm surprised I've never heard of her before... I'll have to check her out after this rad post. She sounds uber inspirational. :)ReplyDelete
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September 17, 2010
JAMES P. ERLANDSON, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFF,v.CONOCOPHILLIPS COMPANY AND BURLINGTON RESOURCES INC., DEFENDANTS.
I. Introduction
Now before the Court is a Motion for Class Certification filed by Plaintiff' James P. Erlandson (Docs. 33 & 34). Defendants have filed a Response in opposition (Doc. 43). Plaintiff has filed a Reply (Doc. 44). Plaintiff subsequently filed a Request for Oral Argument (Doc. 47) as he believes that the parties need to elaborate on their arguments. However, the Court notes that the parties have both filed lengthy briefs which adequately and exhaustively address the issues. Therefore, the Court finds no need for a hearing and thus DENIES Plaintiff's motion for oral argument (Doc. 47). For the following reasons, the Court DENIES Plaintiff's Motion for Class Certification (Docs. 33 & 34).
II. Background
Plaintiff, a former employee of Defendants, originally brought this action in the Circuit Court of Madison County, Illinois. Plaintiff brought this suit on behalf of a putative class of former employees of Defendants in order to redress Defendants' failure to pay retention bonuses allegedly promised to Plaintiff and the putative class members. Defendants removed this action to this Court on February 4, 2009 (Doc. 2). In its one count Complaint Plaintiff alleges that Defendants breached its contract with the putative class by refusing to pay retention bonuses to the putative class even though they allegedly fulfilled their obligations under the contract and resigned "for Good Reason" (Doc. 2 Ex. A). Specifically, Plaintiff alleges that when ConocoPhillips acquired Burlington Resources, Inc. it sent a Retention Bonus Agreement to key employees offering them retention bonuses if they remained employed with ConocoPhillips until April 1, 2007 (Doc. 34 Ex. 1). Employees could also obtain their bonuses if they resigned from their jobs "for Good Reason" (Id.). The Retention Agreement defined "Good Reason" as "any reduction in [an employee's] target bonus opportunity percentage" (Id.). Plaintiff argues that a subsequent Continuation of Employment Letter ("Continuation Letter") informed employees that their target bonus opportunity percentage was being reduced, thus triggering an employees right to resign "for Good Cause" and receive his 2007 bonus. Plaintiff maintains that he and his fellow members of the putative class resigned their employment for "good reason" because their "target bonus opportunity percentage" was reduced after the merger.
III. Motion for Class Certification
Plaintiff moves this Court for class certification pursuant to FEDERAL RULE OF CIVIL PROCEDURE 23(b)(2) and (3). The United States Supreme Court has explicitly held that a class "may only be certified if the trial court is satisfied, after a rigorous analysis, that the prerequisites of Rule 23(a) have been satisfied," and "actual, not presumed, conformance with Rule 23(a) remains...indispensable." Davis v. Hutchins, 321 F.3d 641, 649 (7th Cir. 2003) (quoting Gen Tele. Co. Of the S.W. v. Falcon, 457 U.S. 147, 160-61 (1983)). A party seeking class certification bears the burden of proving that each of the requirements under Rule 23 has been met, and a failure by the movant to satisfy any one of those prerequisite elements precludes certification. See General Tele. Co. of S.W., 457 U.S. at 160-61; Retired Chicago Police Ass'n v. City of Chicago, 7 F.3d 584, 596 (7th Cir. 1993). As a general principle, a court is not allowed to engage in analysis of the merits to determine whether the case should be maintained as a class. Retired Police Ass'n, 7 F.3d at 598. However, a district court judge need not accept all allegations as true and must make a preliminary review into the merits of the case if some of the considerations under Rule 23 overlap with the merits. See Szabo v. Bridgeport Machines, Inc., 249 F.3d 672, 675 (7th Cir. 2001), cert. denied, 122 S.Ct. 348 (2001); see also Eisen v. Carlisle & Jacquelin, 417 U.S. 156, 177-78 (1974). Moreover, a court has broad discretion to determine whether a proposed class merits the Rule 23 certification requirements. General Tele. Co. of S.W. v. Falcon, 457 U.S. at 160; Trotter v. Klincar, 748 F.2d 1177, 1184 (7th Cir. 1984).
A. Rule 23(a)
In order to certify a class, a court must determine whether the requirements of Rule 23(a) have been met: 1) the class is so numerous that joinder of all members is impracticable ("numerosity"); 2) there are questions of law or fact common to the class ("commonality"); 3) the claims or defenses of the representatives are typical of the claims or defenses of the class ("typicality"); and 4) the representative parties will fairly and adequately protect the interests of the class ("adequacy"). FED.R.CIV.P. 23(a).
However, courts have implied two prerequisites to class certification that must be satisfied prior to addressing the requirements of Rule 23(a): (1) the class must be sufficiently defined so that the class is identifiable; and (2) the named representative must fall within the proposed class. Alliance to End Repression v. Rochford, 565 F.2d 975, 977 (7th Cir. 1977). Proper identification of the proposed class serves two purposes. First, it alerts the Court and the parties to the potential burdens class certification may entail. Simer v. Rios, 661 F.2d 655, 670 (7th Cir. 1981). "In this way, the court can decide whether the class devise simply would be an inefficient way of trying the lawsuit for the parties as well as for its own congested docket." Id. Second, proper class identification insures that those individuals actually harmed by defendant's wrongful conduct will be the recipients of the awarded relief. Id.
Plaintiff seeks certification of the following class: "All former employees of Burlington Resources, Inc. who signed the Retention Bonus Agreement, received a Continuation Letter with a Target Annual VCIP*fn1 Award lower than the target bonus opportunity percentage in effect on March 31, 2006, resigned on or before March 31, 2007, and were not paid the Retention Bonus" (Doc. 34 p. 5). Plaintiff submits that the proposed class consists of at least 162 individuals, former employees of Burlington Resources, Inc. In Defendants' Response, they argue that the class definition is not suitable because it 1) fails to require class members to fulfill all conditions precedent to asserting a breach of contract claim and 2) is overbroad in the sense that it fails to excluded class members whose bonus opportunities were not reduced and fails to excluded class members who are currently litigating their claims in Texas. The Court agrees with Defendants and finds that the class definition is overly broad and unworkable.
The Court finds that Defendants are correct in arguing that Plaintiff's proposed class definition is overly broad. The proposed class includes individuals who could not have viable claims against Defendants. Plaintiff's class definition includes individuals who have not met all of the conditions precedent for receiving the bonus and thus would not have a viable claim for breach of contract. Under Texas law*fn2 , in order to assert breach of contract, a plaintiff must allege: "(1) a valid contract; (2) performance or tendered performance; (3) breach of the contract; and (4) damages resulting from the breach." Myan Mgmt. Group L.L.C. v. Adam Sparks Family Revocable Trust, 292 S.W.3d 750, 754-55 (Tex. App. 2009).
Here, Plaintiff's class definition fails to require that all class members comply with the conditions precedent to receiving the bonuses. Under the Retention Bonus Letters and Continuation of Employment Letters tendered to employees, eligibility for a retention bonus was based on the employees' continued employment through April 1, 2007. Employees could also be eligible if they resigned before the April 1 deadline if their resignation was "for Good Reason." However, Plaintiff's definition fails to require that members of the class demonstrate that they resigned for good reason, and thus potential class members could fall within the class as defined by Plaintiff without having a viable claim. The class definition does not exclude those individuals who could have no possible claim against Defendants. Accordingly, the Court finds that the class definition is overly broad because it includes those individuals who did not resign "for Good Reason and thus would not have a viable claim for breach of contract.
Plaintiff's class definition is also overly broad because it fails to exclude certain individuals who do not belong in the class. Plaintiff's definition fails to exclude individuals who would not have a viable claim because their bonus opportunities were not reduced. According to Plaintiff, class members had good reason to resign because their bonus opportunities were reduced. However, as Defendants point out, not all of the employees', who would be potential class members, bonus opportunities were reduced. However, Plaintiff's definition fails to exclude those employees. Further, the definition fails to exclude those employees who have already filed suit against Defendants in Texas. As Defendants acknowledge, several potential class members have already filed suit, some of which have already reached summary judgment stage, yet the proposed class definition does not exclude those individuals. Including those individuals would be inappropriate. Thus, the Court finds that Plaintiff's definition is overly broad and must fail. Since Plaintiff's definition does not satisfy the basic prerequisites for a class action, the Court need not further consider the factors in Rule 23(a).
B. Other Considerations
Even if Plaintiff's proposed class had been well defined, the Court finds that Plaintiff fails to meet the requirements of Rules 23(a) and (b)(3). Here, the Court does not find that common questions of law and fact exist among the class. Each member of the class might have obtained different information regarding the 2007 bonus plans and gave different reasons for resigning which would require an individualized inquiry into whether their resignation was "for Good Reason."
Ultimately, the Court finds that Plaintiff's proposed class is unmanageable for many of the reasons argued in Defendants' responsive brief. After reviewing the briefs and the arguments, the Court is convinced that each claim will require a highly individualized inquiry into whether that employee has a viable claim for breach of contract. As Defendants point out, there is an absence of class wide proof as to whether potential class members resigned "for Good Reason." Employees who resigned gave varying reasons for their resignation including: pursuit of further education, raising children, retirement, as well as resigning to pursue other business interests or a higher salary. Many of the proposed class members gave varying motives for resigning which would require the Court to inquire into each employees' reasoning and determine whether their motives constitute a "Good Reason" thus triggering a valid breach of contract claim.
Further, each inquiry would require individualized evidence as to the sources of each employees' knowledge regarding the 2007 bonus structure. For instance, while the Continuation Letter discussed the 2007 bonus opportunties, it also informed employees that more information would be provided at a later date and was further discussed in mass emails in late 2006. Depending on when a potential class member resigned, (s)he might not have had access to the mass emails and their knowledge regarding the bonus opportunities would be different from those employees who resigned after the mass emails. The Court finds that various potential class members would also have access to different sources of information including discussions with co-workers and supervisors, town hall meetings, and literature. Potential class members were also from different areas throughout the United States, Canada, and the U.K. and would have access to different information based on their location. Given the various sources of information, the Court would have to inquire into each employees' knowledge about their bonus opportunities and what each employee was told about their bonuses from varying sources in order to determine if their resignation was "for Good Reason."
While Plaintiff argues that the question as to whether all class members resignation was "for Good Reason" is based on the common class-wide question of whether the Continuation Letter constituted a reduction in "target bonus opportunity percentage" triggering a "Good Reason" to resign under the Retention Agreement, the Court finds that despite Plaintiff's argument every aspect of Plaintiff and the potential class members' individual claims would have to be litigated individually in order to determine if they have valid claims. The Court would have to inquire into class member's motive for resigning, their knowledge of the 2007 bonus opportunities, the information they received from Defendants regarding the bonus program, and when they resigned. Thus, the Court finds that Plaintiff's potential class is unmanageable due to the highly individualized inquiry that will be required in order to determine whether each potential plaintiff had "Good Reason" for resigning thus triggering a breach of contract claim. Accordingly, the Court finds that Plaintiff's motion for class certification should be denied on this ground as well.
IV. Conclusion
Accordingly, the Court DENIES Plaintiff's Motion for Class Certification (Doc. 33). The Court also DENIES Plaintiff's Request for Oral Argument (Doc. 47).
David R Herndon Chief Judge United States District Court
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"Art making is a form of alchemy, in a way, because you are trying…to make gold from nothing. When it works very well is when you manage to turn the ordinary into the extraordinary."
"When I look at American landscape painting from the nineteenth century I always have in mind one painting of Yosemite by Albert Bierstadt. Yosemite is already such a theatrical place—almost like a too-drastic landscape—and Bierstadt just added more to it. He turned it into a complete fantasy by getting rid of the facts and enhancing every other aspect of Yosemite."
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ERIC Number: ED181876
Record Type: RIE
Publication Date: 1977-Mar
Pages: 63
Abstractor: N/A
Reference Count: 0
Schools, Groups and Networks: A Political Perspective. Revised Version.
Peterson, Paul E.
Network theory has recently been suggested as providing a useful framework for developing a change strategy by which the federal government can induce educational reform. In this paper the potential contributions of network theory are assessed by showing its close relationship to group theory. Then three critiques of group theory and practice--from within the group tradition itself, from a structural perspective, and from the viewpoint of utilitarian individualism--are shown to be applicable to network theory. The power of these critiques is illustrated by a review of the experiences of the community action program of the Economic Opportunity Act of 1964, and the implications for school-related interventions are stated. (Author)
Publication Type: Opinion Papers; Information Analyses
Education Level: N/A
Audience: N/A
Language: English
Sponsor: National Inst. of Education (DHEW), Washington, DC. School Capacity for Problem Solving Group. Network Development Div.
Authoring Institution: N/A
Identifiers: Group Theory; Social Network
Note: Paper prepared for the Network Development Staff, School Capacity for Problem Solving Group, National Institute of Education (Washington, DC, March 16-17, 1977); For related documents, see IR 007 659, IR 007 663-666, IR 007 671, and IR 007 689


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Diesel Fuel Spilled, Driver Hurt In Big-Rig Crash Near GilroyA big-rig driver suffered a broken leg and the truck spilled diesel fuel early this morning on a shoulder of a highway in unincorporated Santa Clara County near Gilroy, a California Highway Patrol dispatcher said.
4 Still In Critical Condition After Bus Crash Near Palm SpringsSeveral people are hospitalized, four of them in critical condition, a day after a bus crash in Southern California killed 13 people.
Big-Rig, SUV Overturn On Highway 101 In San JoseTwo lanes have reopened on U.S. Highway 101 in San Jose where a UPS big-rig and SUV collided early Thursday morning.
Overturned Big Rig Cleared From Southbound I-280 Near Los AltosOne person was injured when a tractor trailer overturned, blocking all lanes of southbound Interstate Highway 280 near Los Altos for several hours Monday afternoon, according to police.
Fiery Big Rig Crash Injures Driver, Blocks Eastbound Lanes On I-580 In LivermoreA big-rig caught fire and was blocking multiple lanes of eastbound Interstate Highway 580 in unincorporated Alameda County east of Livermore Monday afternoon.
Separate Big-Rig Crashes Cause Major Delays On I-880 In Union CitySeparate collisions involving big-rigs on both sides of Interstate Highway 880 in Union City snarled traffic for most of the Wednesday morning commute, according to the California Highway Patrol.
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Lanes Reopened On Hwy 880 Where Big-Rig Collided With Multiple CarsLanes have reopened on Interstate Highway 880 in San Jose where a big-rig was involved in a collision with multiple cars Tuesday morning.
Southbound I-680 Near Sunol Reopens After Big-Rig SpillAll lanes of southbound state Highway 680 have reopened Friday afternoon near Sunol, following a big-rig spill that caused the freeway to close for nearly five hours.
Big-Rig Hauling Hay Ingites Into Flames, Gums Up Traffic On Highway 37 In VallejoThe California Highway Patrol has issued a Sig-alert for state Highway 37 in Vallejo due to a big rig fire that temporarily blocked the roadway in both directions.
Big-Rig Crash & Fire With Multiple Injuries Shuts Down I-680 In Walnut CreekA big-rig crash and fire with multiple injuries halted the Friday morning commute on I-680 just south of State Route 24.


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Robot Radio playlist for 10/16/2012By Mogara on Tue, 10/16/2012 - 9:22pm
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this week we throw down and rock the house with a hot underground boom bap top 15 and a interview with DEEROCK and interview with BIZ plus a hot tyme machine segmant
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Today's program featured several tracks from Lynn Miles' third volume in her "Black Flowers" series, as well as new music from Van Morrison, Charlie Peacock, Annabelle Chvostek, Hans Theessink and John Cale. We also played a set of songs from Jez Lowe, who will be in concert at The University Cafe on Sunday, October 28th, at 2 P.M. Additionally, we asked for listener support for WUSB during our current Radiothon.
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Passionate about drawing, her work is serious, wide - ranging, and also often humorous. She is playful in her depictions of her subject matter (a spontaneous chuckle is often the first response of the viewer) and playful too in her continous use of different techniques.
Her Natural World images are a celebration of all living creatures, manifesting again the delight in different materials. Bieber has the rare ability of being able to describe the timeless characteristics of human situations.
The "Heads" series shows her fascination both with the human form and character. The faces are never just formally posed but have an understanding of the inner person. It is in fact this empathy which informs and fuels all her artwork.


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Rugeley: Manors and economic history
A History of the County of Stafford: Volume 5, East Cuttlestone Hundred
parts of the Brereton and Armitage roads were already built up by 1842. ... together with a great increase of building on the Brereton and Armitage ... The estates at Burnt Hill and Newman Grove...View result
East Indies: December 1600
Calendar of State Papers Colonial, East Indies, China and Japan, Volume 2, 1513-1616
Henry Napper, master, and Phil. Grove, second pilot of the fleet; Wm. ... Wm. Garwey. Nicholas Lynge. Sam. Armitage. Oliver Style. Wm. Palmer.View result
Arundel House, Old Hall and the Lawns
Survey of London: Volume 17, the Parish of St Pancras Part 1: the Village of Highgate
HALL (NO. 17, SOUTH GROVE), AND THE SITE OF THE LAWNS (NO. 16, SOUTH GROVE) Ground Landlord, Leaseholder, etc. Old Hall was originally copyhold ... South Grove, was occupied in the middle of the...View result
Charles II - volume 72: April 18-30, 1663
Calendar of State Papers Domestic: Charles II, 1663-4
that the work was well done. [ Adm. Paper.] April 25. 31. Edward Grove to Sam. ... that Wm. Armitage, of York, slew Peter Hudson with a sword. Latin. April 28. ... applications to King and Council. April ? 63....View result
East Indies: December 1633
Calendar of State Papers Colonial, East Indies and Persia, Volume 8, 1630-1634
Wetherell, Thomas Grove, Thomas Leyning, Samuel Boyce, Philip Vaughan, Henry ... by the Court. Thomas Grove's wages settled at 50 l. per annum, with condition ... of the goods therein mentioned to Robert ...View result
List of figures
Survey of London: Volume 42, Kensington Square To Earl's Court
49. Victoria Grove, plans and elevations. Measured and drawn by F. A. ... and elevation. Measured and drawn by H. M. A. Armitage (19567) 285 118. EdwardesView result
West Brompton and the South Kensington Museum
Old and New London: Volume 5
Timbs, "lasted to our times; southward, among 'the groves ... 2 What with its nurseries, its groves, and its pleasant detached mansions or cottages, standing ... presented much of the appearance of a suburban...View result
The Trinity House Estate
Survey of London: Volume 25, St George's Fields (The Parishes of St. George the Martyr Southwark and St. Mary Newington)
Canterbury Square" by Joseph Armitage. No. 16 is similar to the houses ... 1835); William Chadwick "of Grove Park, Camberwell and formerlyView result
East Indies: April 1631
Calendar of State Papers Colonial, East Indies and Persia, Volume 8, 1630-1634
or Blessing. Authorise them likewise to attach Wm. Matthews and Thomas Grove ... for the northward for driving private trade, nor of any other than this. Mr. ArmitageView result
State Papers, 1655: March (8 of 8)
A Collection of the State Papers of John Thurloe, Volume 3, December 1654 - August 1655
He faith, that Penruddocke was before this with Grove and several othersView result


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Garage/Parking: Parking: Uncovered
Driveway Concrete
Carport Capacity: 2
Other Features Include:
Subdivision: OAK BROOK
Amenities: Park/Playground
Water: Culinary
Utilities Gas: Connected, Power: Connected, Sewer: Connected, Sewer: Public, Water: Connected
Accessibility Single Level Living
Storage Patio
Taxes 1
School District: Nebo
Information deemed reliable but not guaranteed accurate. Buyer to verify all information.The multiple listing information is provided by Wasatch Front Regional Multiple Listing Service, Inc. from a copyrighted compilation of listings. The compilation of listings and each individual listing are © 2014 Wasatch Front Regional Multiple Listing Service, Inc., All Rights Reserved. The information provided is for consumers, personal, non-commercial use and may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing.


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Abydos Marina
A dry dock marina established in 1994 with a capacity of 40 boats, and a full maintenance service. On the natural course of the around the world sailing route, El Gouna is the ideal place to stop for supplies, fueling, repair services as well as entertainment.
Who are we?
Tour Egypt aims to offer the ultimate Egyptian adventure and intimate knowledge about the country. We offer this unique experience in two ways, the first one is by organizing a tour and coming to Egypt for a visit, whether alone or in a group, and living it firsthand. The second way to experience Egypt is from the comfort of your own home: online.


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Show off your freshly baked cakes and in house pastries in vintage style using the tall wooden cake stand by Europe2You. Combining our signature reclaimed wood with galvanized detailing gives this Tall Cake Stand a rustic yet refined feel. Pair it with the shorter cake stand to create a beautiful display that will certainly impress your family and guests! The reclaimed wood Collection by Europe2You incorporates 19th Century wood for the casual entertainer.
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Carrot-Poppy Seed Muffins
Total Time
Prep 30 mins
Cook 25 mins
From Delightfully Southern; posted by request
Ingredients Nutrition
- 1⁄2 cup all-purpose flour
- 1⁄2 cup whole wheat flour
- 1⁄4 cup brown sugar
- 1 1⁄2 teaspoons baking powder
- 1⁄4 teaspoon salt
- 1 egg, beaten
- 1⁄2 cup milk
- 2 tablespoons butter or 2 tablespoons margarine, melted
- 1⁄3 cup shredded carrot
- 3 tablespoons poppy seeds
- In a bowl, combine flours, sugar, baking powder, and salt; stir to mix.
- In another bowl, combine the egg, milk, and melted butter; add to dry ingredients.
- Stir until moist and lumpy batter forms.
- Stir in carrots and poppy seeds.
- Spoon batter into greased muffin tins.
- Bake in a preheated 375° oven for 20-25 minutes or until a toothpick comes out clean.
Most Helpful
I made 6 muffins with this recipe. I used only all purpose flour. They are moist. The only thing I have to complain is that they don't taste enough carrot. It would be better with more carrot. And also next time I'll double the recipe to have 12 muffins. Thanks ratherbeswimmin :) Made for I Recommend tag game
Very tasty muffins, the carrots & poppy seeds make a nice pairing. Not sure why but this recipe only made 14 muffins for me in a double batch (which would only be 7 muffins if I had made as written). You will definitely want to 3-4x this recipe or so to get a larger batch. Lastly, watch bake time closely and pull as soon as they are ready. Mine were a bit dry but I think it was my fault for pulling them to late. Thanks!


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ANDHRA PRAGATHI GRAMEENA BANK RTGS HO Branch in LAKKIREDDIPALLE - Address, IFSC, MICR Code
APGB0002160MICR Code
LAKKIREDDYPALLI-516 257 NGO HOME LAKKIREDDYPALLI VIL & MANDAL KADAPA DISTRICTCity
What is IFSC Code of ANDHRA PRAGATHI GRAMEENA BANK situated at LAKKIREDDIPALLE- RTGS-HO?
IFSC Code of ANDHRA PRAGATHI GRAMEENA BANK situated at LAKKIREDDIPALLE - RTGS-HO is
What is the meaning of IFSC Code, MICR Codes in Banking industry?
IFSC or Indian Financial System Code is the code allocated to all banks branches. Bank branches use this code to participate in RTGS and NEFT transactions.
What is the significance of IFSC Code and how we can use it?
IFSC Code is a 11 digit code and we can use this code to communicate between different branches of different banks. Upon receiving the request for fund transfer it is easy for a bank to identify the payee branch. First four characters are code of bank, last six digits are branch code and fifth character is left 0, for any future use.


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Skip to Content
The World's Greatest Music
Discover all the winners of the prestigious Best Original Score category at the Oscars - almost 80 years of fantastic movie soundtracks!
Picture 4 of 80
1938: This is a strange one - there's no official composer credit for this Oscar-winner. Charles Previn (pictured conducting in a different movie entirely), head of the Universal Studio Music Department, is who received the award, but even in a film that stars the great Leopold Stokowski as himself. The soundtrack itself also features a lot of existing classical music (Tchaikovsky, Mozart) etc, recorded by Stokowski.
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Rail whith Ballads (for Poser)
Posted by Zaroska August 25, 2013
Posted in DAZ | Poser | Carrara, Scenes & Props
A selection of very highly detailed and very low detail track to build your own railway or railroad. The track is ready ballasted, and you can select double or single track versions. The track is scaled to fit our locomotive, rolling stock and trackside buildings. Just duplicate sections of track as needed.
Includes the following models, with obj/ mtl and pp2/ png
Curve 1
Curve 1 Double
Curve 2
Curve 2 Double
Rail Section
Straight Double


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Items: 0
Total amount: € 0,00
ISSUES AND ARTICLES MOST READ eTOC
Indexed/Abstracted in: e-psyche, EMBASE, PubMed/MEDLINE, Neuroscience Citation Index, Science Citation Index Expanded (SciSearch), Scopus
Impact Factor 1,651
Frequency: Bi-Monthly
Online ISSN 1827-1855
André BEER-FURLAN 1, Ralph ABI-HACHEM 2, Ali O. JAMSHIDI 1, Ricardo L. CARRAU 1, 2, Daniel M. PREVEDELLO 1, 2
1 Department of Neurological Surgery, Wexner Medical Center, The Ohio State University College of Medicine, Columbus, OH, USA; 2 Department of Otolaryngology, Head and Neck Surgery, Wexner Medical Center, The Ohio State University College of Medicine, Columbus, OH, USA
Petroclival meningiomas are challenging lesions to manage independently of the selected surgical approach and are unique tumors in the type of pathological displacement of the surrounding anatomy. They also represent one of the most controversial entities with regard to approach selection, especially when deciding between an open versus endonasal route. When choosing an approach to the intradural portion of the petroclival region, the location of critical neurovascular structures relative to the lesion must be anticipated, including the abducens and trigeminal nerves. The role of the expanded endoscopic endonasal approach (EEA) in the management of ventral posterior fossa meningiomas is still restricted due to limited surgical indications in selected cases. It is a safe alternative for the rare cases of meningiomas with most part of its dural base at the midline clival region, and it may be used as solely or combination of other approaches. Thus, appropriate case selection may optimize the advantages of the approach and reduce morbidity of this complex pathology. We discuss in this review article the main advantages and limitations of the EEA for clival and petroclival meningiomas.
language: English


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Preschool Music Lessons
Sound activity for We're Going on a Bear Hunt. Repinned by SOS Inc. Resources pinterest.com/sostherapy/.
Preschool Music Lesson & Free Learning Pack - Year Round Homeschooling
Free printables & ideas for preschool homeschool music lessons, notes, songs, etc. with handbells! | Imagine Our Life
Free music lesson plan - a huge list of free music teaching resources ♣ 15.5.21
Do Re Mi Games for Preschool Music Lessons with Free printables
So you've got a new job teaching preschoolers music and you've got to submit a written program preschool music lessons. Goodbye weekend- hello late nights.
20 Homemade Musical Instruments - So many cute and creative musical instruments kids can make and play with. I can see Toddler, Preschool, Kindergarten and 1st grade kids especially enjoying these!
Music Lessons for the Young Child: DYNAMICS
Fun Way to Teach Music Note Value Theory Worksheet
DRUMS: Rat-a-tap-tap Rhythms with Reasons! Lot's of great percussion songs and activities on this page


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07-11-2009, 01:11 PM #1Web Hosting Evangelist
- Join Date
- Oct 2008
- Posts
- 533
Acceptable shared hosting speed ?
For those of you under shared hosting, whats the minimum download/upload speed you'd want to your website?
I'm currently hitting 400-600kbytes/s from my two hosts, but I'm curious to know what sort of speeds to expect from "regular" shared hosting. Should I be contented or get more/less speeds ? Lets find out
Let me start off,
My location = UK
Host location = US west, US East
Speed = 400kbytes/s , 600kbytes/s
07-11-2009, 01:12 PM #2Eternal Member
- Join Date
- Dec 2004
- Location
- New York, NY
- Posts
- 10,574
What kind of connection are you on? Other than that, the bottleneck is somewhat going to be to distance as well. Keeping all of that in mind, I would say that those are good speeds.
07-11-2009, 01:22 PM #3Web Hosting Evangelist
- Join Date
- Oct 2008
- Posts
- 533
Those are from my 10mbit home connection, which consistently get 1.2mbytes/s to European servers. I'm pretty happy with the sort of speed I'm getting to my hosts, but I'm a curious cat as to what others are getting
07-11-2009, 01:26 PM #4Disabled
- Join Date
- Mar 2009
- Location
- Toronto, Canada
- Posts
- 2,570
Those would be considered decent speeds for shared hosting. If you're able to achieve those speeds constantly then you should be in good hands.
07-11-2009, 01:30 PM #5Standard Nerd
- Join Date
- Dec 2005
- Location
- Kent, England
- Posts
- 714
Yeah I agree, that's a good speed for a shared account
- Join Date
- Mar 2009
- Location
- India
- Posts
- 1,233
I guess from the UK you can get more than 2MBPS if your connection supports it.
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Product Description
When you're packing light and don't want a heavy duty travel bag to have to pack, why not slip the Pouchsafe PX40 into your luggage. Lightweight, compact and roomy, you'll be able to stash your beach gear or extra travel gear in here, when you need to.
Additional Information
Additional Information
|Delivery time - Working days
|4 - 6
|Weight: 245 g / 8.6 oz
|Volume in liters (1 L = 0.264172 gallon)
|40 L / 2441 cubic in
|Worldwide DHL Premium Air Mail


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Nick Frost and Simon Pegg, the comic co-stars of cult films 'Shaun of the Dead' and 'Hot Fuzz,' are now starring in some big-name blockbusters: Pegg is in 'Mission: Impossible -- Ghost Protocol' and 'Star Trek,' and Frost is filming 'Snow White and the Huntsman.' If that weren't enough, both of them are in Steven Spielberg's 'The Adventures of Tintin,' which hits theaters today.
The Adventures of Tintin
Young reporter Tintin acquires a model ship that contains a clue about a hidden treasure. Read More
categories Movies


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Fuel efficiency of vehicles sold remains near record high, even with strong truck salesThursday, July 11, 2013
TrueCar recently reported that the fuel economy of vehicles purchased in June remained near record-high levels.
According to the report, the average fuel economy of vehicles bought last month was 23.7 mpg, up 0.7 mpg from this time last year. Even with strong truck sales, automakers have been able to provide consumers with a number of fuel-efficient options that continue to keep the average fuel economy of new cars at low levels.
"Despite the relative drop in gas prices, consumers' preference for fuel-efficient vehicles only grew stronger in June," said Jesse Toprak, senior analyst for TrueCar. "Even though we observed unseasonably strong increase[s] in truck sales in the recent months, the higher efficiency of the new models resulted in another month of improvement in overall TrueMPG for the industry. "
The report indicated that Chrysler and Nissan saw industry-leading gains of 1.1 mpg in the average fuel economy of vehicles sold.
Strong sales in June
TrueCar also recently showed that the seasonally adjusted annualized selling rate in June was nearly 15.7 million units, up from 15.3 million unit pace last month and the14.4 million pace in June last year.
"Despite the lackluster performance in financial markets in June, new vehicle sales reached their highest levels in six years – yet more proof that the recent surge in consumer demand is real and not going anywhere," said Toprak. "The better news for the automakers is that they are back to selling nearly 16 million units a year collectively while spending less on incentives, thanks to the best selection of vehicles ever in their showrooms; product is the king once again."
Truck sales reign supreme
Another report showed just how strong truck sales were in the first six months of this year. According to data from United Press International, so far this year, trucks have been three times faster when compared to the rest of the industry.
Those who have made a purchase or plan to make one in the near future can keep dirt from kicking up on their pickup by equipping them with Husky Liners® mud guards. These mud guards are a valuable product to ensuring a truck looks clean, no matter what the job might be.