text:
Landwirtschaftssimulator 2011 Patch V 2.2 with crack
- Type:
- Games > PC
- Files:
- 1
- Size:
- 20.19 MiB (21166649 Bytes)
- Tag(s):
- farming simulator patch crack 2.2 serial
- Uploaded:
- By:
- Anonymous
- Seeders:
- 0
- Leechers:
- 0
- Comments
- 0
- Info Hash: A1501C7AD0634390D3EC16AB4179384E6E04FEC5
(Problems with magnets links are fixed by upgrading your torrent client!)
This is the actual (v2.2) original german patch from Astaro for Landwirtschafts Simulator 2011. The RAR-Archive contains two game binaries too, you have to copy in your game directory and replace the original files from the patch (make a copy of the originals). The patch disables all keygen-generated serials from before (for example from the old torrent http://thepiratebay.se/torrent/6066170/Landwirtschafts_Simulator_2011_keygen_patch_german You can also use the Original Patch from the Astaro Website and replace the binaries from the archive only. I´ve tested it with the german game installation. I don´t know what are the binaries do with another language installation.


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Best Fishing Times: 12:56AM to 2:56AM, and 12:21PM to 2:21PM
Alternate Fishing Times: 6:30AM to 8:30AM
Fishing Busch Creek, AK on 12/9/2016 will be best from 12:56AM through 2:56AM, and from 12:21PM to 2:21PM. If those times won't work for you, 6:30AM to 8:30AM looks promising. Remember to adjust these times based on barometric pressure, and weather changes.

subset: commoncrawl


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When Eila, Sarah and Robin asked me to take on their website my taste buds hijacked my tongue and I heard myself saying 'yes' when I meant to say 'no'. I normally steer clear of working for friends and the Helsett Farm family are some of our very best friends down here in Cornwall.
No-one loves their animals more than these three crazy people. Their cows come first - just ahead of the three children who roam the 300 acre farm unrestrained. Sarah is Granny and started making ice cream on the farm in 1985. Eila is a true farmer's daughter and would seem out of place anywhere else but beside her Mum come rain or shine.
Their happy herd of pedigree Ayrshire cows produce more than enough thick organic milk for their wonderful handmade ice cream which is famous throughout the country.
Extra milk goes into Helsett Farm creme fraiche, smoothies, yoghurts and cream. All their products are jam packed full of wholesome natural ingredients - 'stabilisers' and 'emulsifier' are swear words in this family.
Everything is made in tiny batches for their elite client base of restaurants and delicatessens - so the farm will never be a rich one - they struggle by from one challenge to the next. Their equipment is old but loved. Their backs are a little bent. Their ice cream is heavenly. They are what farming used to be about and always should be.
With a recent barn conversion into a holiday home you have a chance to come and enjoy this special life with the family. Meet the cows, let your kids run wild through the fields with Molly and Martha. Hear about Max's latest exploits ...


text: Sendai - A Smaller Divide (2014) • World Music International • Year : 0 • On demand! (album available 128-320kbs)* 0 Label Hide/Show Album Info Artist: Sendai Title Of Album: A Smaller DivideYear Of Release: 2014Label: Archives Interieures / AICD02Genre: Electronic, Dub Techno, ExperimentalTotal Time: 45:46 minFormat: Mp3 / FLAC (tracks +.cue, log-file)Quality: CBR 320 kbps / Lossless Total Size: 110 mb / 345 mbSendai, the collaborative project of Yves De Mey and Peter Van Hoesen, release their second album on Archives Intérieures. Both artists are longtime friends and share a deep passion for exploring the outer limits of the electronic music spectrum. Sendai combines De Mey's skillful extraction of deep and dynamic sounds from his modular synthesizer system with Van Hoesen's keen sense of digital composition and sound design. A Smaller Divide is the result of six months of intense remote collaboration. Ideas were shot back and forth between Antwerp and Berlin, slowly fusing into a coherent whole. Some of the tracks were born out of occasional real life meetings resulting in impromptu jam sessions. The album presents both approaches and indicates a fresh intention to take things further. It forms a logical progression to 2012's Geotope, using different musical colours within similar structures. A Smaller Divide articulates a willingness to open up the previous sound canvas, while at the same time remaining uncompromisingly radical in terms of execution and structure.TRACKLIST:1. "Capstan"2. "Anti-Jupiter"3. "Second Uniform Estimate"4. "Fringe Morals"5. "A Smaller Divide"6. "Triptiek"7. "Sequential Convex"8. "Self-Adjoint"9. "Kanton3"10. "Norms Of True Behavior"11. "Tetras Part":: LOSSLESS :::: CBR 320 kbps ::Buy Premium Account and download as fast as you can or you will lose file you need ( File death because of Copyright Infringement ) Download ( Ryushare )http://ryushare.com/49c290b7f0cb/SmallF.rarhttp://ryushare.com/4b943a0219f1/Small32.rarDownload ( Uploaded )http://ul.to/0ccn365s/SmallF.rarhttp://ul.to/3yaffv6r/Small32.rarDownload ( Crisshare)http://crisshare.com/a9x4097zi2x2/SmallF.rar.htmlhttp://crisshare.com/y7xkwkwn1fic/Small32.rar.htmlDownload ( Uploadable )http://www.uploadable.ch/file/u9ZzBZQjErDg/SmallF.rarhttp://www.uploadable.ch/file/MaATV8eFEXRe/Small32.rarClick my nick to see more my articles #tags Sendai, Smaller, Divide, 2014 The album code is : ODI3013575 You may also like ... Roxy Gordon - Smaller Circles (1997) Roxy Gordon ... Jan Lundgren - Flowers Of Sendai (2014) Jan ... Peter Seiler - Sensitive Touch (1987) Peter ... The Holidays - Real Feel (2014) The ... Isao Tomita - Kosmos (1978) Isao Tomita ... Wendy Carlos - By Request -1975 (2003) Wendy


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Bearing 31314DFC3, NTN
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South India for Women Travellers
How to Survive and Enjoy Your Trip
Satu Susanna Rommi
This book is available for download with iBooks on your Mac or iOS device, and with iTunes on your computer. Books can be read with iBooks on your Mac or iOS device.
South India is hotter, spicier and more tropical than North India. South India for Women Travellers is written by a travel writer who lived in India for more than three years, and is packed with travel tips for women planning to visit South India. From where to go to what to wear, South India for Women Travellers offers practical no-nonsense India travel advice. It includes tips for planning a trip, staying healthy and safe while in India, and ideas for places to visit from beaches and wildlife parks to Hindu temples and ashrams. South India for Women Travellers is a book for first-time visitors to India, solo women travellers planning a trip to South India or for experienced women travellers who want to get more out of their trip and understand South India better.
- £2.99
- Category: Asia
- Published: 22 September 2011
- Publisher: Satu Susanna Rommi
- Print Length: 47 Pages
- Language: English


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COLUMBUS– Senate Joint Resolution 5, sponsored Ohio Senate President Keith Faber (R–Celina), cleared the Ohio Senate with bipartisan support. The resolution calls for the formation of a federal constitutional convention to amend the United States Constitution in order to require a balanced budget.
"Just two years ago, we made a series of very difficult decisions in the Statehouse to balanced a mounting budget shortfall and we did so without raising taxes," said Faber. "The years continue to go by and the federal government continues to buck those tough choices and kick the can down the road. I, for one, want to see us reverse this course before we leave a far more serious problem for our children and grandchildren."
Article V of the U.S. Constitution allows for two means by which the constitution can be amended. The first requires a supermajority of the U.S. Congress (House and Senate) to vote in favor of an amendment and for that amendment to be ratified by three-fourths of the 50 state legislatures. The second allows for the calling of a convention by two-thirds of the 50 state legislatures and ratification of the resulting amendment by three-fourths of the legislatures.
Senate Joint Resolution 5 calls for a constitutional convention by invoking the second option outlined by Article V.
Approximately 20 other states have outstanding resolutions that call for a constitutional convention for the purpose of enacting a balanced budget amendment. The Ohio General Assembly has considered similar resolutions in the past, including one by Senator Faber in 2008, and one by then-State Senator John Kasich in 1981.
Senate Joint Resolution 5 also specifies that if a convention is called, the Ohio Delegates will be prohibited from voting on any constitutional changes beyond the proposed balanced budget amendment.
The resolution will now proceed to the Ohio House of Representatives for further consideration.
Lawmakers returned to the Statehouse this week to discuss various bills aimed at making Ohio a safer and healthier place, including three bills sponsored by Senator Cliff Hite (R-Findlay).
"The alarming number of recent fentanyl related deaths is a serious concern," said LaRose. "This legislation was crafted to punish traffickers while ensuring treatment for addicts."
"The Senate Agriculture Committee's approval of the Klonda Richey Act is encouraging news for Ohioans living in fear for their family's safety because of dangerous animals in their neighborhoods," said Beagle. "I am hopeful that this legislation will receive favorable support from my colleagues on the floor of the Ohio Senate."
"It's my honor to host the champion Jackson Center volleyball team and Coach Metz at the Statehouse," said Faber. "These young women are champions on and off the court, and they've made their community and school proud."


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You are now able to enjoy the story of Cheeko produced by Akeetoons.com for free !
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Tal National - Zoy Zoy (2015)
- 14-04-2015, 07:18
- Music | World | FLAC / APE
Artist: Tal National
Title Of Album: Zoy Zoy
Year Of Release: 2015
Label: FatCat Records / FATCD137
Genre: World, Afrobeat
Quality: 320 / FLAC
Total Time: 46:19 min
Total Size: 108 / 332 MB
WebSite: Album Preview
1. Zoy Zoy
2. Koana
3. Claire
4. Sey Wata Gaya
5. Farila
6. Tenere
7. Kodaje
8. Saraqunia
By the time Tal National reached international acclaim with 2013s Kaani, the bands first release outside of Niger, they had spent more than a decade crisscrossing their native country, usually on dirt pathways through the Sahara, playing epic five-hour sets, seven days a week, selling their CDs on street corners and roundabouts. In the process, they became Nigers most popular band, with songs constantly blasted on national TV and cell phones everywhere. Following FatCats release of Kaani, Western audiences and critics quickly embraced the bands singular and finely-honed sound. NPR were hit by the bands tightness and fiery energy; The Guardian praised their full-tilt approach, and hypnotic intensity; whilst Songlines wrote of a rich, hybrid sound that draws on familiar West African elements to create something rewardingly fresh and different. FatCat release the dazzling follow-up, Zoy Zoy. Zoy Zoy is a distillation of Tal Nationals traditional roots and tireless drive into pure joy and celebration. The songs are intense yet sophisticated, combining original numbers with new arrangements of West African folk songs, dealing with themes of love, tolerance, peace, feminine beauty and the woman''s physical dance expression based on traditional African rhythms.
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Twisted Crochet Fringe Tutorial
How to make fringe ~ single, double, & triple knot . . . . ღTrish W ~ http://www.pinterest.com/trishw/ . . . . #crochet
How to Add Fringe to Crochet Projects From Rescued Paw
#tutorial : Crochet Spot » How To Crochet: Chain Loop Fringe - Crochet Patterns, Tutorials and News - had to add this one to bellydance as fringes are useful
Twisted Fringe crochet edging - I have checked this link and it goes straight to the instructions!
The new Art Gallery Fabrics Denim arrived this weekend, and I was chomping at the bit to make a pillow with Millie Fleur and some fringe. Of course, being picky
how to crochet twisted fringe from Stitch Story
Twisted Crochet Fringe Tutorial - Brilliantly simple! I want to try it with silk sock yarn
Easy Crochet Fringe Pocket Scarf Tutorial
Get instructions for three styles of fringe from Crochet World editor Carol Alexander: http://www.crochet-world.com/blog/?p=8342. #FreeCrochetTutorials


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General Details
BMus (Melb), Opera Studio Melbourne (Alumni)
A Graduate of the University of Melbourne, and past participant of The Opera Studio Melbourne, I have had the privilege of singing for a number of high profile conductors and singers over the years, both in performance and workshop scenarios.
I have performed as a soloist and chorister with various opera companies and choral societies around Melbourne for the last few years, and am currently doubling the role of Nanki-Poo in some charity concert performances of The Mikado.
My teaching philosophy is a simple one, which involves giving a student what they need, whilst helping tailor it as much possible to what they want to use it for. I achieve this through a balance of exercises and practical applications, whilst keeping the environment as fun and bizarre as possible.
The skills I have acquired over several years of study, teaching and performance, saw me take up the post of voice teacher at Ringwood Secondary College in mid-term 1 of this year, a state school well know for its high quality music program. Whilst I obviously teach only school age students in that environment, I have taught students ranging in age form about 3-50+. It's never too late to start exploring music.
Lesson enquiries can be made through Merlyns Music, a local music school in Heidelberg West.
These details were last updated on August 9, 2012


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Blake Clemmons, MA, LPCA
Licensed Professional Counselor Associate
2124 Crown Centre Dr. Suite 400, Charlotte, NC 28, Charlotte, North Carolina 28227
My passion is to come alongside those struggling with addiction, mood disorders, grief, trauma, anxiety and in relationships. I offer a caring and compassionate approach which considers the whole person from biological, psychological, social, and spiritual perspectives.
Teresa Helms, Psy.D.
Licensed Psychologist
6706 Roberta Road, Harrisburg, North Carolina 28075
Do you want to enjoy life more? Do you wish your relationships were more fulfilling? I am a licensed psychologist who strives to provide a safe, compassionate, nonjudgemental environment for you to work on healing and growth in order to improve your life.


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Let's Switch On! is a new method specifically tailored to the needs of students studying Ciclos Formativos de la familia profesional de Electricidad y ElectrA³nica. This course provides students with basic and necessary English to enable them to develop in today's professional world. The content of the book follows the academic syllabus of these studies and adapts to the self-reflexive demand of the Common European Framework of Reference for Languages. In Let's Switch On! students can practice both the receptive and productive skills of the foreign language: listening, reading, writing and speaking, through up-to-date readings and motivating meaningful activities. Grammar and Vocabulary exercises are all included in the student's book so that students can use it as a workbook too. Apart from individual and group class work, students will also be required to work in teams to search for extra information in order to expand their knowledge (projects, handling helpful websites, etc.). Special emphasis is placed on developing oral skills, as communication will be crucial in the professional development of our students. Key features include: ac Varied topics related to Electricity and Electronics. ac Extensive specific vocabulary work. ac Basic grammar coverage and review charts. ac Listening materials. ac Communicative speaking activities. ac Interesting reading texts from different sources. ac Varied writing practice. ac Self-assessment sections in every unit. ac Warm-up and Just for fun sections. The teacher's book is a helpful and flexible guide for teachers which includes teaching notes, suggestions for class work, solutions to the exercises and extra materials as well as unit, term and end of year tests for two different levels of difficulty. All the listening files of the student's book are available at www.paraninfo.es.This ring looks like any other silver ring, but in the interior of the ring are electronics that enable the ring to recognize finger gestures ... You can also access various apps by just drawing their forms in the air. It can be used as a regulator for televisions or lights in smart homes. ... You can save and share interactive notes to your computer, iPad or iPhone via a micro-USB connector that also allows you toanbsp;...
|Let s Swich On ! Inglés para Electricidad y Electrónica
|Ediciones Paraninfo, S.A. - 2015


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Mamos Yellow
Handwoven striped scarf in
ecru, yellow, blush and sand with
hand knotted tassels in sand.
60% Silk, 40% Viscose
Measures 30"x 78"
Handmade in India
We ship worldwide for arrival in 5-7 business days except remote areas.
Email us for express shipping rates.
Regular priced merchandise can be returned for a refund or exchange provided it is sent back within 7 days of receipt. All Sale items are final sale. See POLICIES for details.
We encourage customers to avoid wetting the jewelry. Remove the jewelry prior to cleaning, bathing and swimming.


text:
|Price incl. VAT
|£25.85 £20.96
|Price excl. VAT
Gift box for men Gillette Fusion Styler has a men's razor with replaceable cartridge and three practical combs for trimming. Of course there is a moisturizing gel containing shea butter for hydration and skin care.
A unique gift for men cartridge from a leading manufacturer Gillette contains everything needed for a precise and comfortable while shaving and trimming. You will find a men's razor Fusion Styler with replaceable cartridge, special moisturizing shaving gel and three practical attachments. Bid farewell disposable žiletkám and achieve a perfectly smooth skin without undue irritation.
Men's Fusion razor h Olic Styler will offer three possible uses for the perfect shave and trim effortlessly. The set contains a razor with replaceable ultra sharp blade and a trimmer with three combs for different hair length. The blades were ingeniously designed for easy and painless shave. The trimmer can comfortably edit beard, mustache, but also the entire body through three different sizes nástavcům shaping sharp and precise lines. In addition, the movement may make adjustments in the shower under running water. Movement is powered by a compact electric motor, which produces a slight vibration to relieve pressure on the skin. As a result, you do not worry about unpleasant skin irritation.
The setis a special moisturizing shaving gel volume 200 ml moisturizing ingredient for smooth and painless shave. The product is easy to apply thanks to a nice gel consistency.Its formula is enriched with shea butter. Detects hydration, effectively softens the beard while protecting the skin from any irritation.Enjoy the luxury and take care of your skin with quality products from Gillette.
Specifications can be changed without notice. Images are for illustrative purposes only. Retail Price (MSRP) means the manufacturer's/supplier's suggested retail price.
Link to Manufacturer's Website: Enter link to the external review


text:
ERIC Number: ED237903
Record Type: RIE
Publication Date: 1983-Aug-26
Pages: 11
Abstractor: N/A
Reference Count: 0
Viewing Performance Appraisal with a Wide Angle Lens.
DeVries, David L.
The majority of empirical studies on performance appraisal (PA) systems focus on the search for the perfect form in which subjective traits are replaced by objective and job-relevant, measurable behaviors. Organizations using a PA system to evaluate their employees struggle with issues of implementation, adaptation, and linkage with other human resource systems. To make PA a viable management tool, from a broader perspective, organizations and researchers must invest time in training managers in PA skills; in developing system evaluations which take into account reliability, validity, and managerial goals; and in designing systems to meet specific organizational conditions and expectations. Further research in these three areas will help to develop more acceptable and successful PA systems. (BL)
Publication Type: Opinion Papers; Speeches/Meeting Papers
Education Level: N/A
Audience: Researchers; Practitioners
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers: Performance Appraisal
Note: Paper presented at the Annual Convention of the American Psychological Association (91st, Anaheim, CA, August 26-30, 1983).


text:
Hunter Davies, formerly an editor for the Sunday Times (London), is a prolific British author, journalist, and broadcaster. His many books include the only authorized biography of the Beatles and The Glory Game, widely regarded as one of the best books ever written about football. He lives in London.
" Royce and Hadrian are business partners. Their business? Crime. One a mercenary, the other a thief, they peddle their unique services to the wealthy aristocrats of the lands of Avryn. Or at least, ..."
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" Narcotics officer Cal Moore was supposed to detail the lastest L.A. drug murder. Instead, he winds up in a motel room, his head busted open, with a suicide note stuffed in his back pocket. Long ago, ..."
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" Something About You, the first book in the FBI-US Attorney Series is perfect listening for a day at the beach or a long automobile trip. Author Julie James establishes suspense early in the plot with ..."
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AK5404 - Impact Adaptor 3/4"Sq Drive Female - 1"Sq Drive Male
Supplier: Jack Sealey Ltd | Brand: SEALEY | Product: AK5404
Share this product
Details of AK5404
o Drop-forged steel adaptor.
o Suitable for use on all types of air impact tool.
o Chrome Molybdenum steel with phosphate finish for added corrosion resistance.
Barcode: 5024209120357
Warranty: Life
0.438 Kg
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On Air:
In an exclusive chat with Rove and Sam, Jennifer Lopez explains her reasons for standing behind Hillary Clinton in the 2016 US Presidential Election.
"I feel like out country deserves a great leader, not someone who is dabbling in politics!" Jennifer Lopez told Rove and Sam. "We need someone who knows what they're doing."
But Jennifer has some more pretty great reasons as to why the country need to stand behind the candidate to make history and become the first female president of the United States.
"As women we get bullied, we have it a tiny bit harder and work harder and show that we are qualified!" Jennifer explained. "She has tremendous heart and I am with her. I do believe that for this election, she is the right person to take the job."
Southern Cross Austereo


text:
houstonblackman Review
Thank You
I purchased two of the shelves and I must say that I am more than happy with them. They were easy to assemble and the turnaround time from order to delivery was great. The look is sleek and goes well with my new television.
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Women's Orange Star Charm Spike Collar Necklace
See more Venna Necklaces.
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April 12, 2001
CAROL M. PARKER, PLAINTIFF,v.BUREAU OF LAND MANAGEMENT, ET AL. DEFENDANTS AND WILLIAMS PIPELINE COMPANY AND EQUILON PIPELINE COMPANY, DEFENDANT-INTERVENORS.MELVIN GOLDSTEIN, PLAINTIFF,v.BUREAU OF LAND MANAGEMENT, ET AL. DEFENDANTS AND WILLIAMS PIPELINE COMPANY AND EQUILON PIPELINE COMPANY, DEFENDANT-INTERVENORS.
This case arises under the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552, and is before the Court on federal defendants' and defendant-intervenors' motions for summary judgment. *fn1 In response to two separate FOIA requests filed by plaintiffs, Carol Parker and Melvin Goldstein, for documents relevant to proposed pipeline projects in several states in the western United States, defendants, Bureau of Land Management ("BLM") and Department of the Interior, have withheld certain documents submitted by defendant-intervenors, Williams Pipeline Company ("Williams") and Equilon Pipeline Company ("Equilon"), pursuant to FOIA Exemption (b)(4). Plaintiffs have brought these consolidated lawsuits seeking disclosure of those documents. Because the Court finds that certain documents at issue were properly withheld from disclosure, and that one document was not properly withheld, the Court grants in part and denies in part defendants' and defendant-intervenors' motions for summary judgment.
In late 1998, Equilon proposed to extend an existing 406-mile pipeline in New Mexico by 62 miles to the southeast to Odessa, Texas, and by 32 miles to the northwest to the Four Corners area. Equilon St. ¶ 1. In November 1998, Williams Pipeline Company sought a right-of-way ("ROW") from the Utah Office of the BLM ("Utah BLM") to construct and operate a pipeline from Bloomfield, New Mexico to Salt Lake City, Utah. Id. ¶ 2. *fn2 In April 1999, Equilon and Williams formed the Aspen Products Pipeline LLC ("Aspen"), which pursued both the New Mexico project proposed by Equilon and the Utah project proposed by Williams. Id. ¶ 3. On April 30, 1999, BLM published notice in the Federal Register of its intent to prepare an Environmental Impact Statement ("EIS") under the National Environmental Policy Act ("NEPA"), 42 U.S.C. § 4321 et seq., for the Utah ROW application. Williams St. ¶ 4. In June 1999, Equilon submitted a ROW application for Aspen to the New Mexico State BLM for a pipeline from Odessa, Texas to Bloomfield, New Mexico. Id. ¶ 5; Equilon St. ¶ 5. Initially, the New Mexico BLM intended to prepare a separate Environmental Assessment ("EA") for the New Mexico portion of the project. Williams St. ¶ 5.
On June 17, 1999, Aspen submitted to Utah BLM a letter with attachments intended to "provide assurance that a project to Bloomfield, New Mexico [New Mexico ROW] will be pursued in the event that a permit to continue from that point to the Utah Front Range [Utah ROW] fails." Equilon St. ¶ 4; Williams St. ¶ 15. On October 8, 1999, Equilon, as a member of Aspen Pipeline, submitted to New Mexico BLM a compilation of documents designed to demonstrate the independent utility of the proposed pipeline project represented by its application, and to show that the New Mexico ROW would be pursued even if the Utah ROW was not approved. Equilon St. ¶ 7; Williams St. ¶ 18. On November 29, 1999, Williams, on behalf of Aspen, submitted additional documents to the Utah BLM to demonstrate the independent utility of the Utah project, and to demonstrate the permissibility of conducting a separate NEPA review of the Utah and New Mexico projects, based on this independent utility. Williams St. ¶ 23.
The Utah BLM issued a letter on February 1, 2000, indicating that the two projects were connected and a single EIS would be prepared. Fed. Def. Ex. 4 (Steah Decl. ¶ 6). Aspen dissolved that spring, and Williams and Equilon are now pursuing the Utah and New Mexico projects separately. Williams St. ¶ 6. Williams amended the Utah ROW application in March 2000, and Equilon withdrew the New Mexico application. Fed. Def. Ex. 4 (Steah Decl. ¶ 7). Utah BLM began to process the Utah ROW, and Equilon refiled the New Mexico ROW application in April 2000. Id. The environmental impacts of the two proposed ROWs are not being considered in a single EIS as "connected actions." *fn3
On July 20, 2000, plaintiff Carol Parker filed a FOIA request with the Utah BLM, seeking "copies of documentation relating to the decision to separate the Aspen Pipeline Project (now Williams Pipeline) into two analyses for NEPA purposes." Fed. Def. St. ¶ 2. On August 19, 2000, plaintiff Parker submitted another FOIA request to the Utah BLM, requesting "copies of the administrative record developed for the Aspen Pipeline Project which has now been withdrawn from BLM consideration." Equilon St. ¶ 14. On September 29, 2000, plaintiff Melvin Goldstein *fn4 submitted to the Utah BLM, and to the Washington D.C. headquarters of BLM a FOIA request for documents relating to "any and all written material in the possession of the Utah BLM, including, but not limited to, letters, notes, and the intra-or inter-agency memoranda, that pertains to the pipeline project that Williams proposes to build from Bloomfield, New Mexico, to Salt Lake City, Utah." Fed. Def. St. ¶ 1; Equilon St. ¶ 16. Plaintiff Goldstein also requested documents pertaining to the basis upon which the BLM determined that the Williams project has separate economic utility from the Equilon project. Equilon St. ¶ 17. In response to these requests, the BLM released over 3500 pages of documents and withheld three letters and/or their attachments pursuant to Exemption (b)(4) of the FOIA, 5 U.S.C. § 552(b)(4). Fed. Def. St. ¶ 3.
The documents withheld under Exemption (b)(4) are:
1) Appendix 1 to the October 8, 1999 letter from Equilon to Albert Gonzales of New Mexico BLM containing an Independent Utility Analysis with accompanying market studies showing the expected consumption and growth of markets in the Bloomfield, New Mexico market area; the existing pricing data verifying the economic justification of the pipeline from Odessa, Texas to Bloomfield, New Mexico; and how the Albuquerque and Four Corners, New Mexico fuel markets are currently being served and the impact of the pipeline on those markets. Fed. Def. St. ¶ 4.
2) A redacted copy of a [July 17, 1999] letter from Aspen to the Utah BLM, which was attached to an October 21, 1999 letter from Equilon to BLM officials Sally Wisely, LaVerne Steah, and Albert Gonzales, containing market data regarding the Albuquerque/Four Corners market demand for fuel, expected growth, price differentials, trucking costs, and other commercial information. Id.
3) Appendix 1 of the November 29, 1999 letter from Williams to BLM officials Joe Incardini and LaVerne Steah containing an Independent Utility Analysis with accompanying market studies showing the expected consumption and growth of markets in the Crescent Junction, Utah - Grand Junction, Colorado market area; the expected consumption of and growth of markets in the Salt Lake City, Utah market area; and Aspen Northern Project options independent from the Southern Project. Id.
Plaintiffs seek the disclosure of these three documents under FOIA, arguing that they do not fall within Exemption (b)(4). After this litigation was filed, BLM reviewed additional documents for release in response to plaintiffs' requests. This review resulted in the release of an additional 237 pages of documents, including one document, an April 7, 2000 e-mail from Laverne Steah of Utah BLM, with the names of potential New Mexico suppliers to the Utah pipeline redacted pursuant to Exemption (b)(4). Supp. Steah Decl. ¶¶ 3-4. Plaintiffs also seek release of an unredacted version of this e-mail.
In a FOIA case, the Court may award summary judgment solely on the information provided in affidavits or declarations when the affidavits or declarations describe "the justifications for nondisclosure with reasonably specific detail, demonstrate that the information withheld logically falls within the claimed exemption, and are not controverted by either contrary evidence in the record nor by evidence of agency bad faith." Military Audit Project v. Casey, 656 F.2d 724, 738 (D.C. Cir. 1981). An agency must prove that "each document that falls within the class requested either has been produced, is unidentifiable, or is wholly exempt from the Act's inspection requirements." Goland v. Central Intelligence Agency, 607 F.2d 339, 352 (D.C. Cir. 1978), cert. denied, 445 U.S. 927 (1980) (internal citation and quotation omitted).
II. EXEMPTION (b)(4)
FOIA creates a statutory right for citizens to access government information. The central purpose of FOIA is to "to pierce the veil of administrative secrecy and to open agency action to the light of public scrutiny" through the disclosure of government records. See Department of Air Force v. Rose, 425 U.S. 352, 361 (1976) (citation omitted). To further the broad policy of disclosure embodied in FOIA, the Act instructs government agencies to make records available upon request, unless the request falls within one of nine exemptions. See 5 U.S.C. § 552(b). FOIA's Exemption (b)(4) permits an agency to withhold from disclosure "trade secrets and commercial or financial information obtained from a person [that is] privileged or confidential." 5 U.S.C. § 522(b)(4). *fn5 Plaintiffs do not dispute that the withheld documents contain commercial information obtained from a person. Rather, plaintiffs argue that the information is not privileged or confidential.
A. Voluntary or Mandatory Submission
To determine whether the information is privileged or confidential within the meaning of Exemption 4, it is necessary to first resolve the issue of whether the information was provided to the government voluntarily or if it was required to be provided. If information was voluntarily provided, defendants must satisfy a lower threshold to prevent disclosure. Critical Mass Energy Project v. Nuclear Regulatory Comm'n, 975 F.2d 871 (D.C. Cir. 1992) (en banc), cert. denied, 507 U.S. 984 (1993). Under the test set forth in Critical Mass, financial or commercial information provided to the government on a voluntary basis is "confidential" for purposes of Exemption 4 if it is the kind of information that would customarily not be released to the public by the submitter. Id. at 872. If, however, the information was required to be submitted, in order to be considered confidential, defendants must demonstrate that disclosure of the information would either (1) impair the government's ability to obtain necessary information in the future, or (2) cause substantial harm to the competitive position of the person from whom the information was obtained. National Parks and Conservation Assn. v. Morton, 498 F.2d 765, 770 (D.C. Cir. 1974).
Defendants and defendant-intervenors argue that the information withheld by BLM was voluntarily provided. The Court of Appeals recently discussed the issue of voluntary submissions in Center for Auto Safety v. National Highway Traffic Safety Admin., No. 00-5128, 2001 WL 303305 (D.C. Cir. March 30, 2001). The Court held that "actual legal authority, rather than parties' beliefs or intentions, governs judicial assessments of the character of submissions." Id. at *5. The Court noted that "linking enforceability and mandatory submissions creates an objective test; regardless of what the parties thought or intended, if an agency has no authority to enforce an information request, submissions are not mandatory." Id.
In this case, the regulations governing federal right-of-way applications make clear that this information is not required as part of the application. See 43 C.F.R. § 2882.2-3. The ROW application is required to include: (1) the name and address of the applicant and the applicant's agent, if appropriate; (2) a description of the applicant's proposal; (3) a map, USGS quadrangle, aerial photo or equivalent, showing the approximate location of the proposed right-of-way and facilities on public lands and existing improvements adjacent to the proposal; (4) a statement of the applicant's technical and financial capability to construct, operate, maintain and terminate the proposals; (5) certification by the applicant that he/she is of legal age, authorized to do business in the State and that the information submitted is correct to the best of the applicant's knowledge; and (6) disclosure of the applicant's citizenship and the business entity information required by § 2882.2-1 . . . Id. The regulations provide that the applicant "may submit additional information to assist the authorized officer in processing the application," including "[a] description of the alternative route(s) and mode(s) considered by the applicant when developing the proposal," "[a] statement of need and economic feasibility or other proposal," and
"[a] statement of the environmental, social and economic effects of the proposal." 43 C.F.R. §§ 2882.2-3(b)(2), (4)-(5). Therefore, the information at issue is not required as part of that application, and BLM had no authority to require that the information be submitted as part of the ROW application. Nor did BLM in fact require the submission of this information. *fn6 Williams Ex. 1 (Copley Decl. ¶¶ 13, 16, 24); Fed Def. Ex. 4 (Steah Decl.¶ 5); Fed Def. Ex. 3 (Gonzales Decl. ¶ 5); Equilon Ex. 1 (Werger. Decl. ¶ 12); Second Steah Decl. ¶ 4. *fn7
Plaintiffs nonetheless argue that the withheld documents were submissions required to be submitted under NEPA. BLM, like all federal agencies, is required to prepare either an EA or an EIS pursuant to NEPA, for any contemplated agency action that may have an effect on the environment.
Thus, BLM undertook an environmental review under NEPA of both the New Mexico and Utah ROW applications. Plaintiffs argue that because BLM had an obligation to determine the scope of the EIS being prepared, and to determine whether the New Mexico and Utah projects were "connected actions" to be considered in a single EIS, the information submitted by defendant-intervenors to establish the independent viability of the projects was required. However, plaintiffs do not cite, and the Court cannot find, any provision in the NEPA regulations giving BLM the authority to compel submission of such materials to determine the scope of an EIS. As defendant-intervenors point out, the NEPA regulations instruct agencies to "invite the participation of . . . the proponent of the action." 40 C.F.R. § 1501.7. The regulations neither mandate that agencies obtain such information from the proponent, nor provide agencies with the authority to compel proponents to submit particular information. Therefore, the Court concludes that the withheld documents were submitted voluntarily.
B. Confidentiality
Because the withheld documents were submitted voluntarily, they will be exempt from disclosure if defendants and defendant-intervenors carry their burden of establishing that the documents are the kind of information that would not customarily be released to the public. Center for Auto Safety, 2001 WL 303305 at *3-4; Critical Mass, 975 F.2d at 879. The Court must look at defendant- intervenors' customary treatment of this information, rather than how the industry as a whole treats it. Center for Auto Safety, 2001 WL 303305 at * 4. *fn8 Defendant-intervenors have submitted evidence that the withheld documents *fn9 are of a kind that they would not customarily disclose to the public because to do so would allow a competitor to gain knowledge of their business strategies and plans and to review market analysis and pricing. Equilon Ex. 1 (Werger Decl. ¶ 13); Williams Ex. 1 (Copley Decl. ¶¶ 3, 8-9). This is further supported by the fact that the Independent Utility Analysis that is Appendix 1 to the October 8, 1999 submission and the market analysis appended to the November 29, 1999 letter, which were contracted and paid for through a third-party contractor, are governed by confidentiality agreements between that contractor and Aspen. Equilon Ex. 1 (Werger Decl. ¶ 13); Williams Ex. 1 (Copley Decl. ¶ 3). Distribution within the company of these withheld documents was on a limited "need to know" basis to prevent public dissemination. Equilon Ex. 1 (Werger Decl. ¶ 14). These types of limited disclosures, not made to the general public, do not preclude Exemption 4 protection. Plaintiffs have offered no evidence to show that defendant-intervenors customarily disclosed information of this kind to the public. Therefore, the Court concludes that defendants and defendant-intervenors have established that these documents are properly withheld under Exemption 4.
C. Publicly Available
In the alternative, plaintiffs argue that the documents are not confidential because the information they contain is publicly available. To prevail on this argument, which is "entirely distinct" from the issue of customary disclosure, "the party favoring disclosure has the burden of demonstrating that the information sought is identical to information already publicly available . . . ." Center for Auto Safety, 2001 WL 303305 at *8 (emphasis in original). In support of this argument, plaintiffs have submitted the declaration of Malcolm Turner, a consultant in the petroleum industry. See Pl. Ex. 1.
Plaintiffs have filed as an exhibit an unredacted copy of the withheld June 17, 1999 letter which was inadvertently produced to them by BLM. *fn10 Turner has opined that the information contained in the unredacted copy of the June 17, 1999 letter is not confidential commercial data. Pl. Ex. 1 (Turner Decl. ¶¶ 7-8). *fn11 While Williams concedes that the inadvertent disclosure moots the issue of exemption as to this document (Williams Reply at 1), Equilon argues that the issue is not moot because inadvertent production does not waive FOIA protection as to future requesters and because the Court may issue a protective order prohibiting further disclosure of the letter (Equilon Reply at 6). While it is true that inadvertent disclosure does not render the information publicly available for the purposes of future FOIA requests, Martin Marietta Corp. v. Dalton, 974 F. Supp. 37, 40 (D.D.C. 1997), the issue of whether the document may be withheld in the future from other unidentified parties is not before the Court. In addition, no party to this litigation has moved for a protective order with respect to plaintiffs' use of this document. Therefore, the Court finds that there is no issue for the Court to decide with respect to the June 17, 1999 letter.
With respect to the Independent Utility Analysis, Appendix 1 to the October 8, 1999 letter, Turner has opined that "it is likely that the data contained in Appendix 1 was obtained from the same sources [as the information in the June 17 letter] and is not confidential information." Pl. Ex. 1 (Turner Decl. ¶ 10). *fn12 This testimony is wholly insufficient to establish that identical information is publicly available. Similarly, Turner has opined that the November 29, 1999 Appendix 1, which contains an independent utility analysis for the Utah project and expected consumption and growth information for the Crescent Junction, Utah - Grand Junction, Colorado market area and the Salt Lake City market area, are readily available from public or commercial sources such as those mentioned above. Id. ¶ 11. Such testimony does not suffice to establish that identical information is publicly available. The fact that one could collect and analyze publicly available data relevant to those markets and compile an analysis of the utility of a pipeline project in those areas does not establish that the compilation and analysis, as opposed to some of the underlying data, are available publicly.
The utility analyses were done by two outside contractors who were paid a total of $237,919.87 for their work by the defendant-intervenors. Second Werger Decl. ¶ 6; Williams Ex. 1 (Copley Decl. ¶ 3). The documents contain market evaluations, pricing evaluations, and pricing trends calculated by the companies. Second Werger Decl. ¶ 5; Williams Ex. 1 (Copley Decl. ¶¶ 18, 21). While the contractors did compile information from public sources, they also evaluated and analyzed the information in the context of the proposed pipeline project. Second Werger Decl. ¶ 6; Williams Ex. 1 (Copley Decl. ¶¶ 18, 21, 23). It is undisputed that neither a compilation nor an analysis of such information is available publicly. Moreover, the utility analyses were undertaken by defendant- intervenors at considerable cost. Therefore, plaintiffs have failed to establish that information identical to the withheld information is available from public sources.
Finally, with respect to the April 7, 2000 e-mail, plaintiffs argue that this information is identical to the information publicly available in the draft EIS prepared by BLM and other federal agencies for the Williams pipeline project, which reports that "Williams has stated that it will obtain supplies for its common carrier pipeline from a pipeline interconnection with the Giant refinery and potentially from a storage terminal owned by Navajo Refining in Bloomfield." Pl. Surreply Ex. B. The Court agrees that this information is now publicly available and therefore is not protected from disclosure under Exemption 4. *fn13 Therefore, an unredacted copy of this document must be produced.
D. Impairment of Government Access to Information and Competitive Harm
Even if one were to assume that the withheld October 8, 1999 and November 29, 1999 attachments were required to be submitted, which is not the case, these documents would be properly withheld under Exemption 4 because release of the information would (1) impair the government's ability to obtain necessary information in the future, or it would (2) cause substantial harm to the competitive position of the person from whom the information was obtained. National Parks, 498 F.2d at 770. The Court finds that if agencies seeking assistance from private parties in fulfilling their obligations under NEPA cannot maintain the confidentiality of proprietary materials that have been submitted to it, the government's ability to obtain such information would be impaired. Notwithstanding that there may be certain factors which weigh in favor of voluntary submissions, if such potential advantages are outweighed by the risks of disclosure to competitors of confidential information, it is likely that companies would decline to produce information.
Alternatively, defendant-intervenors have demonstrated that there is "actual competition and a likelihood of substantial competitive injury" that would flow from disclosure of these documents. CNA Financial Corp. v. Donovan, 830 F.2d 1132, 1152 (D.C. Cir. 1987). Given that the compilation and analysis of the publicly available data were undertaken at significant cost, the Court of Appeals' observation in Worthington Compressors, Inc. v. Costle, is apropos here:
If . . . competitors can acquire the information only at considerable cost, agency disclosure may well benefit the competitors at the expense of the submitter. We believe the latter possibility deserves close attention in Exemption 4 cases. Because competition in business turns on the relative costs and opportunities faced by members of the same industry, there is a potential windfall for competitors to whom valuable information is released under FOIA. If those competitors are charged only minimal FOIA retrieval costs for the information, rather than the considerable costs of private reproduction, they may be getting quite a bargain. Such bargains could easily have competitive consequences not contemplated as part of FOIA's principal aim of promoting openness in government. 662 F.2d 45, 51 (D.C. Cir. 1981).
Because defendant-intervenors have established both actual competition in the markets at issue (Second Werger Decl. ¶¶ 4, 9; Williams Ex. 1 (Copley Decl. ¶ 5)), and likelihood of competitive harm (Second Werger Decl. ¶¶ 5-6, 9; Williams Ex. 1 (Copley Decl. ¶¶ 8-9)), these documents fall within Exemption 4 even if the National Parks test were to be applied. *fn14
For these reasons, defendants' and defendant-intervenors' motions for summary judgment, are GRANTED in part and DENIED in part. A separate order shall issue this date.
For the reasons set forth in the accompanying Memorandum Opinion, the Defendants' and Defendant-Intervenors' Motions for Summary Judgment [28-1, 35-1, and 58-1] are GRANTED in part and DENIED in part. Defendants shall produce the unredacted April 7, 2000 document within 5 days of this order. It is FURTHER ORDERED that plaintiffs' complaint and defendant-intervenors' counterclaims are dismissed with prejudice.
ELLEN SEGAL HUVELLE United States District Judge
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United States District Court Northern District of California
February 17, 2011
- IN RE: LISTERINE TOTAL CARE MOUTHWASH MARKETING AND SALES PRACTICES LIT CHARLENE A. BRITTONv.JOHNSON & JOHNSON, ET AL.
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According to a fairly new amendment to our zoning ordinance, the planning board must approve any work in the historic residential zone. We now have an application for residing of an old house (constructed in the 1890s). The house is currently sided with aging aluminum and looks awful. The owner wants to reside wtih insulated vinyl. We discourage vinyl in the historic district, but new vinyl will certainly be more attractive than old aluminum. The zoning specifies that original qualities of a building should not be destroyed, and their removal or alteration should be avoided. Previously, the board refused to approve new vinyl siding on a house that had wood siding. However, in this case the house is already aluminum. I am tempted to recommend that the board insist on wood siding, at least on the front of the house. But the homeowner will be irate. Wood, or even hardiboard, are more expensive than vinyl, and she says she needs the insulation this new siding will provide.
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United States District Court, Southern District of Illinois
May 1, 2015
SANDRA HALL, Plaintiff,v.ANN MARIE FLANNERY, RAGHURAM SAMPATH, and SSM CARDINAL GLENNON CHILDREN'S HOSPITAL, Defendants.
Now pending before the Court are:
1. The Issue of peer review privilege with respect to the audit log/metadata associated with Chelsea Weekley's medical chart (Docs. 107 and 108).
2. The Motion to Leave to File Motion to Extend Discovery Deadline filed by Plaintiff on December 31, 2014 (Doc. 113).
3. The Motion to Amend Complaint filed by Plaintiff on January 19, 2015 and the response thereto (Docs. 117, 123).
4. The Motion for Leave to file Reply Brief in re Motion to Amend Complaint filed by Plaintiff on January 29, 2015 (Doc. 125).
5. The Motion for Leave to file Motion to Disclose Forensic Computer Expert filed by Plaintiff on January 29, 2015, the response thereto, and a reply (Docs. 126, 127, 131).
6. The Motion to Secure Trial Testimony of Defendant, Ann Marie Flannery filed by Plaintiff on April 26, 2015 (Doc. 146).
On January 20, 2015, this Court held a discovery dispute conference in which a number of matters were raised related to EPIC, the software that Defendant (Cardinal Glennon) uses to create an electronic medical chart. Plaintiff had served discovery related to EPIC including requests seeking manuals and instructional material and information related to the alleged alteration of the medical record. After receiving two allegedly "different" medical charts related to Chelsea Weekley's care, Plaintiff believes that the medical records have been improperly altered by Defendants. Implicated in Plaintiff's requests is the peer review privilege – a privilege that protects from disclosure certain information related to the peer review process, a process in which medical decisions are discussed and commented upon by medical professionals – and work product privilege. In a previous discovery dispute conference, held on October 7, 2014, the parties were directed to brief the issue of the peer review privilege and work product privilege as it relates to the metadata/audit trail associated with Chelsea Weekley's medical records.
Attached to Defendants' brief (Doc. 107) is an example of this audit trail. The information includes a date, time, the name of the person who accessed the record, their user ID and the action that was taken and the items in the record viewed (or presumably edited). Thus, the audit trail for a person on a peer review committee would include similar identifiers and an indication of what particular part of the record was viewed. In light of the nature of the peer review process, it seems unlikely that any person on a peer review committee would edit or change the medical records. There is also no evidence that any person on a peer review committee uploaded documents to Plaintiff's medical chart. Defendants argue that the peer review privilege would protect the types of information that the audit trail reveals, namely who viewed the medical charts and what particular item in the chart they viewed. Similarly, Defendants argue that the audit trail also would show similar information as to the actions taken by its risk management personnel and Defendant's representatives in anticipation of litigation. Again, it seems unlikely that any actions taken in anticipation of litigation would result in any editing (adding too or deleting) the medical record. Defendants do not object to providing the remainder of the audit trail/metadata.
Plaintiff argues that this information, who accessed the medical chart and what they did with the information, is relevant to her theory that the chart was modified or edited in a manner inconsistent with state law. Plaintiff further argues that the peer review privilege would not protect from disclosure any portion of the medical record, of which the audit trail is a part. Relatedly, Plaintiff argues that because the audit trail was not solely created in anticipation of litigation, i.e. that it is automatically created and made a part the medical record, it cannot be subject to the work product privilege.
Peer Review Privilege and Work Product Doctrine
Federal Rule of Evidence 501 provides, in relevant part, that "in a civil case, state law governs privilege regarding a claim or defense for which state law supplies the rule of decision." In this particular case, Judge Yandle has determined that Illinois law will provide the rule of decision (Doc. 145). This decision came after the parties had briefed the issue with an understanding that Missouri law would govern the claims and defenses in this matter. As such, neither party has briefed the issue of whether Illinois law would protect from disclosure the information sought by Plaintiff. In any event, the burden of establishing that the privilege applies rests with Defendants. Cretton v. Protestant Memorial Medical Center, Inc., 864 N.E.2d 288, 306 (Ill.App.Ct. 2007). Accord Diehl v. Fred Weber, Inc., 309 S.W.3d 309, 323 (Mo.Ct.App. 2010). "The applicability of a discovery privilege is a matter of law for the court to determine, but the question of whether specific material are part of a medical study is a factual question within that legal determination." Menoski v. Shih, 612 N.E.2d 834, 837 (Ill.App.Ct. 1993). Neither Missouri nor Illinois law would prevent the disclosure of portions of the audit trail related to the peer review process or Defendant's actions in anticipation of litigation.
Illinois' Medical Studies Act provides, in pertinent part, that:
All information, interviews, reports, statements, memoranda, recommendations, letters of reference or other third party confidential assessments of a health care practitioner's professional competence, or other data of the . . . committees of licensed or accredited hospitals or their medical staffs, including Patient Care Audit Committees, Medical Care Evaluation Committees, Utilization Review Committees . .., or their designees (but not the medical records pertaining to the patient), used in the course of internal quality control or of medical study for the purpose of reducing morbidity or mortality, or for improving patient care or increasing organ and tissue donation, shall be privileged, strictly confidential and shall be used only for medical research, increasing organ and tissue donation, the evaluation and improvement of quality care, or granting, limiting or revoking staff privileges or agreements for services . . . .
735 Ill. Comp. Stat. Ann. 5/8-2101 (West 2015).[1]
The types of information identified above are not discoverable or admissible. Id. § 5/8-2102. The purpose of the act is to encourage medical care providers to scrutinize the care given to patients in an effort to improve that care. Richter v. Diamond, 483 N.E.2d 1256, 1258 (Ill. 1985); Frigo v. Silver Cross Hospital and Medical Center, 876 N.E.2d 697, 717 (Ill.App.Ct. 2007). "[T]he Act protects against disclosure of the mechanisms of the peer-review process, including information gathering and deliberations leading to the ultimate decision rendered by a peer-review committee, but does not protect against the discovery of information generated before the peer-review process begins or information generated after the peer-review process ends." Pietro v. Marriott Senior Living Service, Inc., 810 N.E.2d 217, 224 (Ill.App.. Ct. 2004) (citing, in part, Webb v. Mount Sinai Hosp. & Medical Center of Chicago, Inc., 807 N.E.2d 1026 (Ill.App.Ct. 2004). This privilege protects the discussions, comments, and conclusions made during the peer review process, in order to facilitate frank discussion without the fear of legal or professional reprisal in an effort to improve patient outcome, but would not protect subsequent decisions or recommendations that would result from the peer review discussions or information generated prior to the peer review process. Ardisana v. Northwest Community Hosp. Inc., 795 N.E.2d 964, 970 (Ill.App.Ct. 2003). Thus,
the Act does not protect all information used for internal quality control. Information initiated, created, prepared or generated by a peer-review committee is privileged under the Act, even if later disseminated outside the peer-review process. However, a document generated in the ordinary course of a hospital's medical business, or for the purpose of rendering legal opinions or to weigh potential liability risk or for later corrective action is not privileged even if later used by a committee in the peer-review process.
Pietro, 810 N.E.2d at 224.
This court has found no case, either from the state courts of Illinois or Missouri (or any other state for that matter), that discusses the type of data at issue in this case. Defendants seek to protect from disclosure data associated with Chelsea Weekley's medical record, a record that is otherwise entirely discoverable in this malpractice action. It should be noted that both Illinois and Missouri have laws and regulations governing the inviolability of medical records.[2] The cases cited above, and those Missouri cases cited by the parties, all discuss the purpose of these acts, which is to protect the frank discussions that may occur in a peer review setting. It is unclear, however, whether either statute would cloak the entire process of peer review with secrecy, thus preventing disclosures of the names of the participants or the fact that the peer review process was even held.
This Court finds that the records at issue, the audit trail or metadata associated with Chelsea Weekley's medical records, are part of those records and are not governed by the peer review privilege. The data was not specifically generated by the peer review committee in order to further its discussion of Chelsea Weekley's medical care. It does not contain any information regarding the discussions that were held during the peer review committee meeting and there is no evidence that the peer review committee even looked at the audit trail during their discussions. The audit trail is not interviews or memoranda, or even minutes of any meeting: rather it only shows what person viewed portions of Plaintiff's medical and when. The audit trail is instead one aspect of Chelsea Weekley's medical record/chart that is generated in the ordinary course of the hospital's business and not for the specific use or consideration by a peer review committee. Nor can revelation of the information implicate the purposes of the peer review committee. There is no evidence or indication that the identities of committee members are kept secret nor can there be any doubt that the committee would scrutinize Chelsea Weekley's medical records. And, to the extent that Plaintiff may acquire some advantage in knowing what documents were viewed by a committee member, such an advantage is negligible because the Plaintiff has already had years to review the medical records themselves.
Defendants also argue that portions of the audit trail that record activities of the Risk Management Department and activities recorded after Plaintiff requested the chart in March, 2012 are protected by the work product privilege. Federal Rule of Civil Procedure 26(b)(3) protects from disclosure "documents and tangible things that are prepared in anticipation of litigation or for trial. . . ." The audit trail is not created in anticipation of litigation; it is a part of the electronic medical record and is automatically generated as a function of the program. It does not implicate the "core of attorney work product, " the "'mental impressions, conclusions, opinions, or legal theories of a party's attorney or other representative concerning the litigation." See Menasha Corp. v. U.S. Dept. of Justice, 707 F.3d 846, 847 (7th Cir. 2013) (quoting Fed.R.Civ.P. 26(b)(3)(A)(ii)). Rather it is a reflection of who, when, and what a person did in relation to the electronic record. Again, any such knowledge or advantage to be gained from such information appears negligible.
For the foregoing reasons, this Court finds that the audit trail/metadata associated with Chelsea Weekley's medical record is neither covered by the peer review privilege nor the work product doctrine. Defendants shall serve upon Plaintiff, within seven (7) days of the date of this Order all portions of the audit trail/metadata that are responsive to Plaintiff's discovery requests that were raised at the January 20, 2015 hearing, namely, requests to produce 1 and 2 (that were served on August 25, 2013).
The Motion for Leave to File Motion to Extend Discovery Deadline is DENIED (Doc. 113).
The Motion for Leave to File Fourth Amended Complaint is DENIED (Doc. 117). Federal Rule of Civil Procedure 15(a)(2) provides that leave of court is required to amend a pleading and that "[t]he court should freely give leave when justice so requires." Leave to amend can be denied if there is undue delay, bad faith, dilatory motive, undue prejudice, futility, or if the movant has repeatedly failed to cure deficiencies. See King v. Kramer, 763 F.3d 635, 643-644 (7th Cir. 2014) (also noting that delay alone is insufficient to deny a motion to amend). Plaintiff seeks leave to amend her Third Amended Complaint to include additional claims of malpractice against Defendants Flannery and Cardinal Glennon, to seek punitive damages, and to add claims against SSM Integrated Health Technologies for fraud related to the medical record. Defendants only argument in response is that the motion is untimely. Implicit in the response is the prejudice to Defendants if discovery is now reopened to explore additional claims and the extensive delay that necessarily must follow from the addition of another Defendant. This Motion was filed 11 days prior to the discovery cutoff and 10 months after the deadline for filing a motion to amend (Doc. 12). The Court is mindful that discovery in this matter has been drawn out and extensive; however, Plaintiff has been aware of her claims that the medical records may have been tampered with for several months prior to the filing of this motion. A Motion for Summary Judgment already has been filed and this matter is set for trial on June 15, 2015. Allowing an amendment at this stage of the litigation of unreasonably delay resolution of this matter. Finally, Plaintiff failed to comply with Local Rule 15.1 in that the changed/added portions of her proposed pleading were not underlined. Plaintiff's related Motion to File a Reply brief is DENIED (Doc. 125).
The Motion for Leave to file a Motion to Disclose Forensic Computer Expert is DENIED (Doc. 126). Permitting Plaintiff the ability to disclose another expert in this matter, whose expertise is far removed from the core issues of this lawsuit, would unnecessarily delay resolution of this matter. The deadline for the disclosure of experts was April 15, 2014 (Doc. 12) and has not been extended. Plaintiff's reply brief also is STRICKEN (Doc. 131). Plaintiff provided no indication of what exceptional circumstances warranted the filing.
Finally, the Motion to Secure Trial Testimony is DENIED (Doc. 146). Defendants have represented that Dr. Ann Marie Flannery will be present at trial.
The Court notes that this matter is set for a settlement conference on May 19, 2015 (Doc. 144), a Final Pretrial Conference on May 27, 2015, and a Jury Trial on June 15, 2015 (before District Judge Staci M. Yandle).
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Google announced a beta version of a personalized home page. This is an important development because it dispels any final doubt that Google, Yahoo and MSN are truly on a collision course. Here's Google's announcement, three reactions to it and some quick analysis:
Google's announcement:
A method to our madnessReactions:
Posted by Marissa Mayer, Director of Consumer Web Products, and Jessica Ewing, Product Manager
Does Google have a strategy, or are we just a bunch of mad computer scientists running around building whatever we want? Today this question gets an answer: we've launched our personalized homepage via Google Labs. It's part of a strategic initiative we refer to as 'fusion' to bring together Google functionality, and content from across the web, in useful ways.
The personalized homepage is a complement to the existing Google homepage - not a replacement. Keep using the original Google homepage if you want to. (We expect many people will.) But if you're keen to organize and customize your information, take a stab at designing your own homepage. You can add Gmail, news, stocks, weather and more. Plus you can add great content from websites like the BBC and Wired. We're incorporating feeds from just a few other sites today, but we envision being able to accept any standardized feed very soon.
Enjoy, and let us know what you think!
(Article here.)
Charlene Li
Why is Google doing this? Is this a concession to the strength of portal competitors? To a great degree, yes. Of the people who use Google most frequently to search the Interent, only 17% also have Google as their default home page – compare that to 72% that use MSN for search and also have it as their home page... The biggest advantage that Yahoo and MSN (and yes, AOL) have is that they each have tens of millions of registered users. This is important if these sites want to be able to provide differentiated services to their users. In the end, it's all about loyalty – and offering a better service thanks to personalized services will the differentiator.Danny Sullivan:
But why would people give up a rich interface like Yahoo, MSN, or AOL for Google? I believe that only Google loyalists will do so.
(Full article here.)
The new page will no doubt make many people scream "Portal!" That's because despite the name, it is essentially a "My Google" service, similar to the My Yahoo, My MSN and other My pages that portals created so their users could access the many features they offer.
Well, Google's already been a stealth portal for some time, offering standard portal features such as email and home page (blogs), as I've written before. The page is merely a visible acknowledgement of this.Yahoo's Jeremy Zawodny:
(Full article here.)
Imitation and the Slippery Slope of Portaldom: My GoogleAnalysis
There's a radical idea! A customized home page with a search box at the top. Innovative! Whoever thought of the product is a world-class genius! What next, an IM client? Web hosting? A Calendar?
(Full article here.)
1. Not priced-in to the stocks. The Internet technology commentators are right that this development was predictable; but that doesn't mean it's insignificant for investors. The sentiment reflected in Yahoo, Google and Microsoft's stocks does not adequately reflect the fact that those companies are increasingly competing with each other. Remember, 18 months ago that wasn't true: Google was a search engine, Yahoo a portal and Microsoft a provider of desktop software. Now the focus of all three companies is increasingly the means to access content.
2. Google avoids content aggregation and ownership. A key aspect of Google's product strategy was missed. Here's a quote from the AP press release:
"We really hope to have this not necessarily be a platform ... but rather to help users navigate the Web better," said Marissa Mayer, director of consumer Web products for Google, referring to the notion of portals being "sticky" and retaining Internet users for extended periods.
"Our philosophy is we want to get people off the Google site" and onto sites that give users the information they're seeking, Mayer said, noting that news content in the test version of the home page is aimed at that philosophy.
This is the key difference between Google and Yahoo: Google does not want to own content (other than sticky applications tightly related to search functionality like maps), whereas Yahoo does. Note that Yahoo recently hired key people for its technology content business away from CNET (ticker: CNET).GOOG chart below.
3. The content-owning portal is dead. Which of these approaches will be more successful? Personalized home pages will consist of (1) the next-gen communications/personal publishing bundle (IM, web email, address book, permission-based access blog etc), (2) sticky information applications (maps, weather, show times etc.) and (3) other content via RSS. Morgan Stanley analyst Mary Meeker argued that Yahoo is a net beneficiary from RSS. I disagree: RSS allows millions of small category-killing web sites to compete with in-house content from Yahoo, MSN and CNET. That benefits Google's business model and undermines Yahoo's.
Full disclosure: at the time of writing I'm short CNET.


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Compute sum of fourth powers given the sum of lower powers
The sum of three numbers is 4, the sum of their squares is 10 and the sum of their cubes is 22. What is the sum of their fourth powers?
Solution Preview
Let's denote the three numbers by a1, a2, and a3. Consider the third degree polynomial:
p(x) = (1 + a1 x)(1 + a2 x)(1 + a3 x)
Take the logarithm:
Log[p(x)] =
Log(1 + a1 x) + Log(1 + a2 x) + Log(1 + a3 x)
Expand in powers of x by using that:
Log(1 + x) = x ...
Solution Summary
We show how one can efficiently compute the sum of the n-th powers (for integer n) of numbers if the sum of all k-th powers for 0< k < n (for integer k) of the numbers are given. We focus on the case where the sum of three numbers, their squares, and cubes are given but generalizing this to the general case is straightforward.


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Social Question
Are screened, opened windows upstairs overrated for relaxation?
Asked by Aster (17023) April 9th, 2014
I grew up in NE United States and all three bedrooms were upstairs. They actually had screens on the windows. I haven't seen a screen in a bedroom window since I was sixteen when we moved. I used to go into my parents' bedroom and all three windows were open with the sheers blowing gently. All I could hear was the wind blowing through the trees. I miss it so much. Ever since then I've wanted another two story house with open windows in an upstairs bedroom in the countryside. I want to lay on a bed and read or just listen to the sounds of nature. Do you want or have this arrangement? Or do bedroom screens not matter to you?
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