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United States District Court, District of New Jersey
July 17, 2003
E.D. MULDER, ON BEHALF OF HIMSELF AND ALL OTHERS SIMILARLY SITUATED, PLAINTIFF,v.PCS HEALTH SYSTEMS, INC., DEFENDANT.
This class action litigation concerns alleged breaches of fiduciary duty under the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1001, et seq., by Defendant PCS Health Systems, Inc. ("PCS"). Plaintiff Ed Mulder ("Mulder") moves the Court to certify a plaintiff class consisting of "all PCS beneficiaries covered by ERISA during the period from March 5, 1995 to March 5, 1998 (the `Class Period')." (Pl. Mem. at 2.) For the reasons set forth below, the Court declines to certify a class as broad as that requested by Mulder, but grants certification of a more limited class consisting of all participants, from March 5, 1995 through March 5, 1998, in ERISA-covered employee benefit plans administered by Oxford and for which PCS provided PBM services pursuant to its Commercial Contract with Oxford.
FACTS AND PROCEDURAL HISTORY*fn1
During the class period, PCS provided pharmaceutical benefits management ("PBM") services to benefit providers. These benefit providers included such entities as health insurance companies, health maintenance organizations ("HMOs"), preferred provider organizations ("PPOs"), Blue Cross and Blue Shield organizations, third-party administrators and self-funded employee benefit plans. During the relevant period, PCS contracted with about 1,250 of these benefit-provider entities, otherwise known as PCS's customers. PCS's customers, in turn, contracted with thousands of employers to administer their employee health benefit plans. According to PCS's own estimate, roughly 56 million individuals received prescription drug benefits during the class period through customers of PCS.
Mulder's personal experiences were as follows. He worked for Scott Printing Company, Inc. ("Scott") in 1997 and 1998 and participated in the employee health plan offered by Scott. Scott contracted with the HMO Oxford Health Plans, Inc. ("Oxford") to provide healthcare coverage to participating Scott employees. Oxford contracted with PCS to provide PBM services. Scott did not contract with PCS directly.
After taking the prescription drug Mevacor, prescribed by his doctor for over a year to lower his cholesterol, Mulder received a notice by mail that PCS was switching his drug to Pravachol. Pravachol was manufactured by a different company and was more expensive than Mevacor. (Compl., ¶ 7.) Mulder alleges that PCS switched his drug to increase its own profits regardless of "cost-saving or medical considerations."*fn2 (Id., ¶ 8.) PCS allegedly profited by receiving rebates and kickbacks from the drug manufacturers of the drugs promoted by PCS. (Id.)
Oxford had two separate contracts with PCS from 1997 to 1998. One was the Medicare/commercial contract ("Commercial Contract") which applied to commercial plans, like the Scott plan, and to Medicare plans. Oxford's Commercial Contract with the various plans was in effect from March 1, 1997 through December 31, 1998.*fn3 Approximately 1.35 million participants received prescription drug benefits through this contract. (Def. Opp. at 5; Abrams Decl., Ex. C.) The second contract between Oxford and PCS applied to Medicaid plans ("Medicaid Contract") and governed the drug benefits of about 200,000 Medicaid participants. The Medicaid Contract offered different services than the Commercial Contract. Unlike the Commercial Contract, for instance, the Medicaid contract provided for a "closed" rather than "open" drug "formulary," no manufacturer rebates to Oxford and different service fees. (Def. Opp. at 25; compare Abrams Decl., Exs. A, B and E with Stein Cert., Exs. A and B.)
The Oxford Commercial Contract itself applied to different types of participants. For instance, 950,000 of the 1.35 million participants were "Point of Sale" members and 150,000 were "Medicare Risk" members. (Def. Opp. at 25-26; Abrams Decl., Ex. C.) PCS asserts that "to the extent that [these members] did not receive their health benefits through [an employee health benefit] plan, ERISA does not apply to them. . . .". (Def. Opp. at 26.) Only 250,000 beneficiaries of the Commercial Contract were, like Mulder, HMO members participating in an employee health benefit plan. (Id.; Abrams Decl., Ex. C.)
Mulder filed his Complaint on March 6, 1998. Mulder brings the action pursuant to the ERISA section empowering a plan beneficiary or participant to bring a civil action to recover benefits due or to enforce rights under an ERISA-govened plan. 29 U.S.C. § 1132. (Compl., ¶ 52.) The Complaint seeks relief for PCS's alleged breach of its fiduciary duties under ERISA, 29 U.S.C. § 1104(a)(1)(A), (B) and (D), and 1106(a) and (b).*fn4 (Compl., ¶¶ 49-52.)
The Complaint alleges that PCS breached the fiduciary duties that it owed to its beneficiaries under ERISA in three ways: (1) PCS entered into contracts with employee benefit plans, HMOs and insurance companies, which contracts secured illegal windfall profits for PCS; (2) PCS implemented programs to influence pharmacists and physicians to switch the drugs of plan participants; and (3) PCS utilized a method of determining formulary and preferred drugs that did not serve the best interests of plan participants. (Pl. Br. at 2.) All of these actions allegedly violated PCS's fiduciary obligations because the actions enriched PCS at the expense of the "interests" of plan participants and the HMOs and insurance companies "representing" the plan participants. (Compl., ¶ 1(b) and (c).)
The Complaint seeks a judgment declaring certain of PCS's practices to be unlawful; enjoining PCS from continuing those practices; granting equitable relief including an accounting of all illegally-obtained profits and a constructive trust, established on behalf of all affected employee benefit plans, to which PCS must disgorge illegal profits; awarding class members costs and attorneys fees; and creating an appropriate claims resolution facility for the resolution of any remaining individual issues. (Id., ¶ 52.)*fn5
As noted above, on a motion for class certification, courts must not inquire into the merits of a suit. Eisen v. Carlisle & Jacquelin, 417 U.S. 156, 177-78 (1974). Courts may nevertheless "probe behind the pleadings," General Tel. Co. of Southwest v. Falcon, 457 U.S. 147, 160 (1982), in order to "thoroughly examine" the plaintiff's "factual and legal allegations." Barnes v. Am. Tobacco Co., 161 F.3d 127, 140 (3d Cir. 1998).
Mulder bears the burden of showing that he can adequately represent the asserted class. Davis v. Romney, 490 F.2d 1360, 1366 (3d Cir. 1974). In order to do so, Mulder must satisfy the requirements of Federal Rule of Civil Procedure 23.
Federal Rule of Civil Procedure 23
Before obtaining certification, a class must meet the four requirements of Rule 23(a): (1) numerosity, (2) commonality, (3) typicality, and (4) adequacy of representation. Fed.R.Civ.P. 23(a); In re Life USA Holding, Inc., 242 F.3d 136, 143 (3d Cir. 2001). If Mulder satisfies these Rule 23(a) requirements, he must then show that the class is appropriate under Rule 23(b)(1), (2) or (3). Fed.R.Civ.P. 23(b). Mulder seeks certification under 23(b)(2) and/or (b)(3).*fn6
PCS contends that Mulder has not satisfied the Rule 23(a) requirements of numerosity, commonality or typicality, but does not dispute adequacy of representation. PCS also asserts that Mulder has failed to establish the appropriateness of certification under either Rule 23(b)(2) (injunctive relief applicable with respect to class as a whole) or Rule 23(b)(3) (common questions predominate and class action superior for fair adjudication).
Rule 23(a)(1) Numerosity
A class must be "so numerous that joinder of all members is impracticable." Fed.R.Civ.P. 23(a)(1). Mulder seeks to represent a nationwide class of about 56 million "participants and beneficiaries of [PCS's] customer plans." (Pl. Br. at 1.) In the alternative, Mulder asserts:
Even if this Court were to decide that the appropriate
class would consist only of members of the Oxford
Health Plans (with which plaintiff disagrees), the
requirements of Fed.R.Civ.P. 23 would be satisfied.
Numerosity would be satisfied because Oxford alone has
1.6 million members.
Rule 23(a)(2) Commonality
Rule 23(a)(2) requires that "there [be] questions of law or fact common to the class." Fed.R.Civ.P. 23(a)(2). A plaintiff can meet the commonality requirement by showing "the presence of a single common issue." Prudential, 962 F. Supp. at 510 (citing 1 Newberg § 3.10, at 3-50 to 3-52).
Mulder asserts that PCS's alleged "common course of conduct" raises the following five common issues:*fn7
Is PCS is a fiduciary under ERISA?
Has PCS has breached its fiduciary obligations under
ERISA by failing to act with undivided loyalty and
solely in the interest of employee benefit plan
beneficiaries, and by profiting at the expense of its
Does PCS's method of determining formulary and preferred
drugs violate PCS's fiduciary obligations?
Do PCS's programs to influence pharmacists and
physicians to switch policyholders' drugs violate
PCS's fiduciary obligations?
Do PCS's contracts with employee benefit plans, HMOs and
insurance companies violate PCS's fiduciary obligations.
proof of these issues, which focus on PCS's single,
ongoing common course of conduct, will not vary
appreciably from one Class member to another and will
advance the claims of all Class members. . . .
Although members of the Class engaged PCS's services
under varying circumstances, PCS still owed them
fiduciary duties under ERISA and [PCS's] actions . . .
affected all Class members in a similar manner.
The Threshold Question of Whether PCS Is a Fiduciary
Under ERISA
PCS does not deny that it alone negotiates with the drug
manufacturers and that it has an obligation to base the
selection of formulary drugs on the interests of its plans
and their beneficiaries.
PCS asserts that the question of whether PCS is a fiduciary under ERISA cannot be resolved in the abstract, without regard to the specific services PCS provided to various employee health benefit plans, their administrators and their beneficiaries. For instance, Oxford's control, relative to that of PCS, over the prescription drug programs challenged by Mulder would affect whether PCS was deemed a fiduciary with respect to those programs. PCS exercised varying degrees of discretion with respect to the health plans administered or insured by different entities. PCS's level of control over any particular employee health benefit plan also depended on the different contractual arrangements between the plan and the administrator, insurer or HMO managing the plan. (See D. Br. at 14-15.)
To prove a claim of breach of fiduciary duty, Mulder must first establish PCS's fiduciary status. See In re Unisys Corp. Retiree Medical Benefit ERISA Litig., 57 F.3d 1255, 1265 (3d Cir. 1995); Bunnion v. Consolidated Rail Corp., 108 F. Supp.2d 403, 412 (E.D.Pa. 1999).*fn8 ERISA defines a fiduciary as follows:
[A] person is a fiduciary with respect to a plan to
the extent (i) he exercises any discretionary
authority or discretionary control respecting
management of such plan or exercises any authority or
control respecting management or disposition of its
assets, (ii) he renders investment advice for a fee or
other compensation, direct or indirect, with respect
to any moneys or other property of such plan, or has
any authority or responsibility to do so, or (iii) he
has any discretionary authority or discretionary
responsibility in the administration of such plan.
The fiduciary status of PCS accordingly turns on PCS's actual control and authority over a particular plan. See Mertens v. Hewitt Associates, 508 U.S. 248, 262 (1993) (stating that ERISA "defines `fiduciary' not in terms of formal trusteeship, but in functional terms of control and authority over the plan"). In Pegram v. Herdrich, 530 U.S. 211 (2000), the Supreme Court further explored the concept of fiduciary status under ERISA:
A fiduciary within the meaning of ERISA must be
someone acting in capacity of manager, administrator,
or financial adviser to a "plan" . . . In every case
charging breach of ERISA fiduciary duty, then, the
threshold question is not whether the actions of some
person employed to provide services under a plan
adversely affected a plan beneficiary's interest, but
whether that person was acting as a fiduciary (that
is, was performing a fiduciary function) when taking
the action subject to complaint.
The Pegram analysis bears directly on the question of whether PCS's fiduciary status presents a common question in this case. Mulder contends that "the services that PCS provide[d] for [Mulder] and the other [proposed] Class members, as employee welfare benefit plan participants and beneficiaries, renders PCS a `fiduciary' under ERISA." (Pl. Br. at 2.) The problem with Mulder's assertion is that, even if PCS negotiated with drug manufacturers with respect to every plan it serviced, PCS's "services" differed markedly from plan to plan. Under Pegram, a court must look to the precise services provided and actions taken by PCS, rather than to its general "structure, untethered to claims of concrete harm." 530 U.S. at 234.
Mulder alleges that PCS's actions concretely harmed the entire proposed class because PCS (1) failed, "pursuant to the terms of its contracts with all of its customers, to pass on all rebates and discounts it receive[d]" from drug manufacturers; (2) received "improper payments" from drug manufacturers; (3) never revealed to its customers the total sums it received from drug manufacturers; (4) promoted, by means various "preferred drug lists" applicable to certain plans, products of drug manufacturers that paid PCS rebates and kickbacks; and (5) induced, through various programs, pharmacists and physicians to switch plan beneficiaries' prescribed drugs to those of manufacturers paying PCS rebates or kickbacks or to prescribe the favored drugs in the first instance. (Pl. Br. at 4-12.)
A review of the terms of PCS's contracts with several customers, however, reveals that, contrary to Mulder's assertion, the contracts are not "essentially standard form contracts." (Pl. Repl. Br. at 6.). Whereas Mulder contends that each contract required PCS to "pass on [to its customers] all rebates" that PCS received from drug manufacturers, (Id.), according to PCS:
The percentage of the rebate provided to the customer
was a negotiated issue in each customer contract and
the amount of the rebate so provided differed from
contract to contract. A few customers, like Oxford
Commercial (Ex. D. to Abrams Dec.), received 100% of
the rebates. Some customers received a smaller
percentage of the rebates (see, e.g. Ex. E and F to
Abrams Dec. where customer received 50 percent of
rebate[s]), and some customers received none of the
rebates (see, e.g. Contract E53, Ex. 8 to Stein
Cert.). Customers who received 100 percent of the
rebate do not have this issue in common with customers
who received none of the rebate.
The contracts produced by PCS make clear that PCS was not contractually bound to pass along to all of its customers all of the "rebates" PCS received from drug manufacturers. Each contract defines "rebates" as follows:
"Rebates" shall mean, for any period, all rebates,
reimbursements or other discounts received under a
Manufacturer's discount program with respect to
pharmaceutical products dispensed to a Member under
the Plan during such period.
As consideration for the Formulary,*fn11 the
negotiation, collection and distribution of Rebates
and other Services provided by PCS under this
Agreement, Customer shall pay to PCS a fee [of 50
percent] multiplied by the Rebates collected by PCS in
connection with this Agreement. In lieu of billing
Customer for the fees provided for in this section,
PCS may retain those amounts from any Rebates
collected by PCS on behalf of Customer in connection
with this Agreement.
Not only did the fees charged and services performed by PCS vary by contract, but so did the relative control by PCS's customers over many of the programs challenged by Mulder. Different customers elected different services and agreed to pay different fees for different guarantees. (Def. Br. at 9.) Oxford, for instance, exerted a unique degree of control over the pharmaceutical benefits services provided by PCS because, unlike some customers, Oxford developed its own Performance Drug List and pharmacy network, and "retained control over the physician interventions in the retrospective drug utilization review and academic detailing services." (Id. at 15; Abrams Declaration, Ex. A at PCS-MU 1162 (¶ 1(D)), 1165 (¶¶ 4(B) and (C)), 1168 (¶ 10(A)), 1169 (¶ 11), and 1174-1183 (Exs. C, D and E).)
Whether a customer participated in the various programs challenged by Mulder, and each customer's relative control over the programs, would affect whether PCS was acting as an ERISA fiduciary with respect to those activities and with respect to each plan. See Hozier v. Midwest Fasteners, Inc., 908 F.2d 1155, 1158 (3d Cir. 1990) ("[f]iduciary duties under ERISA attach not just to particular persons, but to particular persons performing particular functions"). In Coleman v. Nationwide Life Insurance Company, 969 F.2d 54, 61 (4th Cir. 1992) the court explained that "a court must ask whether a person is a fiduciary [under ERISA] with respect to the particular activity at issue." It added that "[t]he discretionary authority or responsibility which is pivotal to the statutory definition of `fiduciary' is allocated by the plan documents themselves." Id. Beyond the plan documents, the court must also determine if an entity "in fact exercised authority" that would render the entity a fiduciary with respect to certain actions. Id.
Mulder is correct that "commonality can be satisfied despite class members' participation in numerous plans." (Pl. Repl. Br. at 4.) See Fallick v. Nationwide Mutual Insurance Company, 162 F.3d 410, 422 (6th Cir. 1998) (beneficiaries of different ERISA-regulated health insurance plans, all administered or insured by a single entity, could pursue class action claiming beneficiaries were improperly denied reimbursement for health care benefits); see also Forbush v. J.C. Penny Company, Inc., 994 F.2d 1101, 1106 (5th Cir. 1993) (reversing lower court's denial of class certification where plaintiff sought to represent members of four different ERISA-governed pension plans, all administered by one employer, because plaintiff "framed her challenge in terms of [the employer's] general practice of overestimating social security benefits" in violation of ERISA's nonforfeiture provisions); Caranci v. Blue Cross & Blue Shield of Rhode Island, 194 F.R.D. 27, 39 (D.R.I. 2000) (certifying class of individuals participating in different ERISA plans all administered by defendant); and Sutton v. Medical Service Association of Pennsylvania, 1993 WL 273429, *5 (E.D.Pa. July 20, 1993) (certifying class of members of different ERISA-protected plans insured jointly by two entities where common issue was whether defendants "violated their duties as fiduciaries under ERISA through the formulation and implementation of the claims procedure which they . . . admitted they . . . applied uniformly to the claims of the members of the class").
Unlike the cases cited by Mulder involving multiple ERISA plans, however, Mulder's proposed class includes beneficiaries of plans managed by approximately 1,250 different plan administrators. PCS had separate contracts with each of these plan administrators, which, in turn, had contracts with thousands of employers. These employers employed the millions of individual employees composing the proposed class of ERISA plan beneficiaries. This is therefore not a case simply involving multiple employer-employee ERISA plans.
Mulder contends that PCS's fiduciary status does not depend on its separate contracts with the 1,250 plan administrators. First, "PCS admits that its contracts with drug manufacturers are not specific to a PCS client." (Pl. Repl. Br. at 4, citing Abrams Declaration, Ex. G, Response No. 7 (emphasis added).) Furthermore:
[T]he allegation is that PCS used its influence and
always negotiated with manufacturers for every
contract and every plan. Therefore, since PCS'[s]
conduct as to each plan was identical, the fact that
there are different provisions in different plans does
not undermine [PCS's] common conduct. Further, nothing
in any of the plans would relieve PCS of its fiduciary
In addition, even if, as Mulder asserts, PCS's "conduct" was the same with respect to each ERISA plan, the alleged identical conduct amounts to a legal conclusion by Mulder that in every instance in which PCS negotiated with drug manufacturers, PCS's actions violated its ERISA fiduciary obligations. Mulder cannot dispute that different plan administrators, such as Oxford which administered the Scott plan in which Mulder participated, paid for different services to be performed by PCS. PCS also negotiated with drug companies for different services pursuant to PCS's different types of contracts with plan administrators. The specific programs for which PCS negotiated with drug manufacturers are relevant to determining PCS's fiduciary status. Oxford, for instance, retained greater control than other plan administrators over the programs challenged by Mulder, such as Oxford's preferred drug list, its pharmacy network, and its physician interventions in the so-called "retrospective drug utilization review" and "academic detailing." (D. Br. at 15.) Consequently, PCS might turn out to qualify as a fiduciary with respect to plans serviced by Oxford, but not with respect to plans serviced by different customers of PCS.
The Court therefore concludes that whether PCS is a fiduciary under ERISA does not present an issue common to the proposed class. All of the other purportedly common issues identified by Mulder turn on the threshold question of whether PCS acted as an ERISA fiduciary with respect to the particular activities challenged by Mulder. Thus the proposed class fails to meet the commonality requirement of Rule 23(a)(2) because Mulder has failed to establish a single issue common to the proposed class.
The Court nevertheless finds that Mulder has asserted common issues with respect to a more limited class consisting of participants in ERISA governed plans administered by Oxford and for which PCS provided PBM services pursuant to its Commercial Contract with Oxford. The Court will be able to determine whether PCS acted as an ERISA fiduciary based both on the terms of the Commercial Contract and on PCS's conduct pursuant to those terms. If Mulder establishes PCS's fiduciary status with respect to the plans administered by Oxford under the Commercial Contract, then Mulder can further attempt to establish the alleged breach of PCS's fiduciary duties on a class-wide basis, focusing on PCS's participation in the specific programs implemented under the Commercial Contract.
Mulder Has Standing to Assert His Claims
PCS contends that Mulder does not have standing to assert claims on behalf of employee benefit plans other than his own. (See Def. Suppl. Br. at 3-10.) PCS acknowledges that:
there do not appear to be any ERISA class action cases
that expressly address . . . whether a plaintiff can
represent plans in which he is not a participant in an
action that involves only derivative claims under
ERISA § 502(a)(2).
PCS correctly notes that an individual can bring an ERISA civil action under 29 U.S.C. § 1132(a)(1) or (2). Subsection (1) allows the plaintiff:
to recover benefits due to him under the terms of his
plan, to enforce his rights under the terms of the
plan, or to clarify his rights to future benefits
under the terms of the plan.
In Fallick v. Nationwide Mutual Insurance Company, 162 F.3d 410 (6th Cir. 1998), the court did not adopt the view propounded by PCS that "derivative" suits under ERISA were analogous to shareholder derivative actions. In fact, even though the plaintiff in Fallick brought suit under both § 1132(a)(1) and (2), the court noted:
apposite decisions . . . hold that an individual in
one ERISA benefit plan can represent a class of
participants in numerous plans other than his own, if
the gravamen of the plaintiff's challenge is to the
general practices which affect all of the plans.
Rule 23(a)(3) Typicality
Rule 23(a)(3) requires that "the claims or defenses of the representative parties are typical of the claims or defenses of the class." Fed.R.Civ.P. 23(a)(3). The court must ask:
whether the action can be efficiently maintained as a
class and whether the named plaintiffs have incentives
that align with those of absent class members so as to
assure that the absentees' interests will be fairly
For the same reasons discussed above regarding commonality, the Court finds that Mulder has failed to establish typicality for his proposed class. Mulder is simply incorrect in asserting that PCS's roughly 1,250 contracts with ERISA plan administrators "are essentially standard form contracts" and that, pursuant to them, "PCS is obligated to pass on all rebates and discounts it receives." (Pl. Repl. Br. at 7.) Certainly, the amount of rebates PCS was entitled to retain (in some cases 50 percent) bears on the question of whether PCS received "windfall financial benefits." (Id.) In addition, the alleged illegal "course of conduct," (Id.), was not identical with respect to the different employee benefit plans because different plan administrators (1) paid PCS to perform different services and (2) exerted various levels of control in participating in the PBM-related programs.
As a result, Mulder's claims are only typical of plan participants who received PBM services through an ERISA-governed plan serviced by Oxford under its Commercial Contract with PCS.
Rule 23(a)(4) Fair and Adequate Representation
Rule 23(a)(4) requires a representative plaintiff to show that he "will fairly and adequately protect the interests of the class." The rule is "designed to ensure that the absent class members' interests are fully pursued." Samuel-Bassett v. Kia Motors America, Inc., 212 F.R.D. 271, 279 (E.D.Pa. 2002) (citing In re Prudential Ins. Co. of America Sales Practices Litigation, 148 F.3d 283, 312 (3d Cir. 1998)). The court must find that the representative plaintiff's counsel is qualified. See Barnes v. American Tobacco, 161 F.3d 127, 141 (3d Cir. 1998). The named parties must also be free from conflicts of interest with the class they seek to represent. Amchem Products v. Windsor, 521 U.S. 591, 625 (1997). The Samuel-Bassett court summarized the inquiry as follows:
In short, the plaintiffs' attorney must be qualified,
experienced and generally able to conduct the proposed
litigation, and the plaintiffs must not have interests
antagonistic to those of the class. It is the defendants'
burden to show the inadequacy of plaintiff's class
PCS has not raised any objections to class certification based upon adequacy of representation. The Court has no basis to believe that Mulder has any conflicts of interests with other members of the more narrow class to be certified. The Court furthermore finds plaintiff's co-counsel, Epstein, Fitzsimmons, Brown, Gioia, Jacobs & Sprouls, P.C. and Abbey Gardy, LLP, to be qualified and able to prosecute this litigation on behalf of the class.
Certification Under Rule 23(b)(2) If Final Injunctive
Relief Appropriate with Respect to Class as a Whole
[a]n action may be maintained as a class action if
. . . the party opposing the class has acted or refused
to act on grounds generally applicable to the class,
thereby making appropriate final injunctive relief or
corresponding declaratory relief with respect to the
class as a whole.
primarily injunctive or corresponding declaratory
relief. . . . The (b)(2) class serves most frequently
as the vehicle for civil rights actions and other
institutional reform cases that receive class action
because it would be unjust to bind absent class
members to a negative decision where the class
representative's claims present different individual
issues than the claims of the absent members present.
While the Third Circuit has not confronted the issue, the Fifth Circuit has addressed when a class action is seeking primarily injunctive relief as required by (b)(2):
[M]onetary relief "predominates" under Rule 23(b)(2)
when its presence in the litigation suggests that the
procedural safeguards of notice and opt-out are
necessary, that is, when the monetary relief being
sought is less of a group remedy and instead depends
more on the varying circumstances and merits of each
potential class member's case. . . . Because it
automatically provides the right of notice and opt-out
to individuals who do not want their monetary claims
decided in a class action, Rule 23(b)(3) is the
appropriate means of class certification when monetary
relief is the predominant form of relief sought. . . .
[M]onetary relief predominates . . . unless it is
incidental to requested injunctive or declaratory
PCS argues that "[t]he essence of Mulder's requested relief is monetary" because Mulder has conceded that damages would consist of the allegedly illegal profits PCS obtained from its deals with drug manufacturers. Mulder's counsel has explained their aim that this money would be "put into a pot . . . and drawn down by the individual [employee welfare benefit] plans." (Def. Suppl. Br. at 14, quoting Mulder's counsel at February 3, 2003 hearing, Tr. at 15.) The fact that Mulder seeks disgorgement of illegal profits, however, does not mean that his request for relief is predominantly monetary.
Examining the Complaint, the Court finds that the requested damages are incidental to the injunctive relief sought. Mulder demands a judgment (1) declaring PCS's practices unlawful; (2) enjoining PCS from continuing the practices; (3) granting equitable relief including (a) an accounting of all illegal profits, (b) establishing a constructive trust on behalf of all affected employee benefit plans, and (c) ordering PCS to disgorge all illegal profits into a constructive trust to be "distributed appropriately to the affected employee benefit plans;" (4) awarding Mulder and other class members their litigation costs and reasonable attorneys' fees; and (5) "[c]reating an appropriate claims resolution facility for the resolution of individual issues, if any, remaining after resolution of class issues." (Compl., ¶ 52.) The monetary relief requested meets the Allison court's definition of incidental damages.
First, the illegal profits sought would flow from liability to the class as a whole on the claims — that PCS breached its ERISA fiduciary duties — forming the basis for the requested injunctive and declaratory relief. If the Court determined that PCS had obtained illegal profits from practices that breached its fiduciary duties to plans and plan beneficiaries, then those illegal profits would be disgorged to a constructive trust to be distributed to the affected employee benefit plans themselves, rather than to individual plan beneficiaries. Such damages would be computable by objective standards, would not require individualized hearings, and would be a quintessential "group remedy."
Even though the Complaint does request creation of a claims resolution facility to resolve "individual issues, if any, remaining after resolution of class issues," (Compl., ¶ 52(F)), PCS's liability clearly turns on its common practices with respect to all employee benefit plans serviced by Oxford under its Commercial Contract. The Complaint focuses on enjoining these allegedly illegal practices and on restoring money to plans based on plan-wide arrangements, rather than to individuals based on individualized wrongs. The Court therefore concludes that (b)(2) certification is appropriate for a class consisting of all participants, from March 5, 1995 through March 5, 1998, in ERISA-covered employee benefit plans administered by Oxford and for which PCS provided PBM services pursuant to its Commercial Contract with Oxford. Because certification under (b)(2) is appropriate, the Court need not address certification under (b)(3).
For the reasons set forth above, the Court finds Mulder has established that certification is appropriate under Federal Rule of Civil Procedure 23(a) and 23(b)(2) of a class consisting of all participants, from March 5, 1995 through March 5, 1998, in ERISA-covered employee benefit plans administered by Oxford and for which PCS provided PBM services pursuant to its Commercial Contract with Oxford.
An appropriate Order follows.
This matter having come before the Court upon Plaintiff's motion for class certification under Federal Rule of Civil Procedure 23 of a class consisting of all beneficiaries of Defendant covered by the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1001, et seq., during the period from March 5, 1995 through March 5, 1998; and the Court having reviewed the parties' submissions and heard oral argument on February 3, 2003; and for good cause shown;
It is on this 17th day of July 2003 hereby ORDERED that the Court GRANTS certification of a more limited class consisting of all participants, from March 5, 1995 through March 5, 1998, in ERISA-covered employee benefit plans administered by Oxford Health Plans, Inc. ("Oxford") and for which Defendant provided pharmaceutical benefit management services pursuant to its Commercial Contract with Oxford as defined in the Opinion accompanying this Order and filed this day.
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General Motors limited 2 year / 50,000 mile parts & labor warranty. Click Here to view or download warranty form.
Starting with the '08 Corvette, the world was first introduced to GM's latest small block V8 creation the 6.2-liter LS3. A continuation of the industry leading V8 engines from GM Powertrain, the LS3 kicks out 430 horsepower and 424 lb.-ft. of torque. (In the Corvette, those numbers go to 436 hp and 428 lb.-ft. of torque with the optional dual mode exhaust system.) It's a brute of a small block with 376 ready cubes at your beckon call.
The LS series of engines from GM Powertrain have broken new ground for efficiency and performance from a pushrod platform engine. The LS3 continues the engineering breakthroughs with revised cylinder heads featuring rectangle ports borrowed from the vaunted LS7. The heads feature 63 cc combustion chambers, 2.16-inch intake valves, and 1.59-inch exhaust valves. The camshaft features an aggressive .551-inches of lift on the intake side with less overlap (than the LS2) for even greater airflow and power. Rocker arms with a 1.7:1 ratio sit on top of the heads.
In the bottom end, the aluminum 6-bolts/main block features 4.06-inch bores and 3.62-inch stroke. A nodular iron crankshaft, powdered metal rods, and aluminum pistons (10.7:1 compression ratio) round out a rev-happy short block. Red line for the LS3 comes at 6600 rpm, and you will get there very quickly.
With a high-tech GM foundation, aluminum block, and high flowing rectangular-port heads, the LS3 is the new standard in the small block world. The LS3 helps power the new Corvette to a top speed of 190 mph. What will it power you to?
Power: 430 HP @ 5900 RPM, 424 ft. lbs. of torque @ 4600 RPM
Displacement: 376 CID, 6.2L
Bore x Stroke: 4.060" x 3.620"
Compression Ratio: 10.7:1
Recommended Fuel: 92 Octane
Block: Cast Aluminum with 6 bolt cross bolted main caps
Crankshaft: Nodular Iron
Connecting Rods: Powdered Metal Steel
Pistons: Hypereutectic Aluminum
Camshaft: Steel Hydraulic Roller Tappet
Cam Lift: .551" Intake / .522" exhaust
Cam Duration @ .050": 204 deg. Intake / 211 deg. Exhaust
Lobe Separation: N/A
Cylinder Heads: Aluminum L92/LS3 style ports
Combustion Chamber: 68cc
Valves: 2.165" Intake/ 1.590" Exhaust
Rocker Arms: Cast Roller Trunnion, 1.7:1 Ratio
Balance: Internal
Reluctor: 58X
Maximum GM Recommended RPM: 6600
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- Description
Quick Overview
Get a perfectly flawless finish with Rimmel Match Perfection Foundation. The Smart-Ton technology adapts to the colour and texture of skin, giving it a dewy finish. It also has an Oxygen Complex that lets your skin breathe. The SPF 15 is an icing on the cake, definetely worth your money.
Explore more from our Best Foundation collection here.
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Have a question on this product? Write a question and earn 100 reward points.Q.May I know, which foundation shade is suitable for light skin?
Question by: Sanfort on Aug 18, 2016 4:56:00 PMA.Thanks for writing to us.
For dark skin we suggest you to check out this link:
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Name: Tatiana Kush
Aliases: Tatianna Kush, Tatiana Kushnev
Birthday: 1986-05-20
Ethnicity: Caucasian
Birthplace: Ashland, OR
Nationality: United States
Size: 24
Height: 155
Weight: 50
Feet: 6
Eyes: Brown
Hair: Black
Pierced: Tongue, navel
Tattoos: Lower back with a tribal butterfly
Tatiana Kush is one of the Hottest XXX Pornstars on the planet. You can watch all Tatiana Kush's Sex Videos right here at Adult Rental on Porn Pay Per View. Tatiana Kush has established her career for delivering the XXX Movies that keep her fans coming back for more. Tatiana Kush's Adult Movies are Listed below, we strive to deliver all the Porn Dvds that Tatiana Kush has ever appeared in.
Hairy Pussy #4
Release: 2012
Time: 2h 18min
There's nothing like sliding one's dick inside a hairy, bushy beaver. Private has put together seven of their furriest chicks, from Europe and America, so their hairy holes can get fucked and creamed. Anal sex is standard, crazy double penetrations, plus creampies; no holds, or holes, are barred in Hairy Pussy Vol. 4.More info
Starring: Alexandra Diamond, Daria Glower, Jessica Fiorentino, Johane Johansson, Laurie Vargas, Lexi Love, Tatiana Kush,
Categories: European, Threesomes, Hairy, Double-Penetration, Anal,
Studio: Private
Director: Susi Medusa, Macondo, Dave Naz, Erick Prager, Alex rox, Marc Daniels
Ass Eaters Unanimous 20
Release: 2010
Time: 2h 12min
Beautiful girls eating beautiful asses! You don't want to miss these twelve gorgeous babes as they rim each other in this special all-girl edition of ASSEATERS UNANIMOUS.More info
Starring: Charlie Laine, Tricia Oaks, Jenna Presley, Chelsie Rae, Claire Dames, Faye Runaway, Tatiana Kush, Eden Adams, Alyssa Reece, Angelina Stoli, Jazmine Star,
Studio: Tom Byron Pictures
Director: N/A
Reverse Bukkake #11
Release: 2009
Time: 1h 22min
Strap yourself in because you're going to get wet! We cum on their faces and we make them eat our loads. Well, these fifteen women want a payback! Revenge is a bitch! But worth it. Imagine finding one or two girls that can skeet the love juice? Imagine over a dozen. Imagine being on the receiving end. Revenge may be a bitch, but it sure does taste sweet too!More info
Starring: Ralph, Porno Dan, Chloe Cambell, Katie May, Jada Sky, Kinzie Fox, Kira Lanai, Lynn Love, Ryan Driller, Amy Starz, Angel Cummings, Misty Stone, Lillyanna, Amber Rayne, Lucky Star, Lana Violet, Tatiana Kush, Summer Silver,
Categories: Squirting, Hardcore,
Studio: JM Productions
Director: N/A
Best Of Cuckold Fantasies POV #2
Release: 2010
Time: 1h 04min
They're staring at you! They're talking to you! The most gorgeous wives in the world - all yours! Grovel on your knees in this all up-close, in-your-face, Point of View compilation. Watch as one wife after another sucks and fucks other men. Black guys, white guys, all with buff bodies and huge cocks all the while looking at you and ridiculing you for having such a small worthless cock! These gor...More info
Starring: Trina Michaels, Harmony, Aline, Alexa Nicole, Tatiana Kush, Katie Fox,
Categories: POV, Toys, Cuckold,
Studio: Roman Video
Director: N/A
Couples Seduce Teens 10
Release: 2008
Time: 2h 16min
How does a couple revive a fizzling sex life? One sure fire way is to pick up a smokin' hot teen and give her the night of her young life. It is amazing what fucking your wife while she licks some pussy will do for your libido, not to mention that feeling you get when a new pair of lips wrap around your cock for the first time. Hey, i guess it's true; marriage is what you make of it.More info
Starring: Natasha Nice, Marie McCray, Tatiana Kush, Tori Black, Daffney Diamond,
Categories: Couples, Teens 18+, Threesomes, Hardcore,
Studio: Pink Visual
Director: N/A
Masturbation Nation 2
Release: 2009
Time: 1h 44min
Sixteen girls getting off! See them do it with utter passion and ecstasy.More info
Starring: Tori Black, Sativa Rose, Penny Flame, Shayne Ryder, Sindee Jennings, Kristina Rose, Sophie Dee, Katja Kassin, Alexis Texas, Tatiana Kush, Dakoda Brookes,
Categories: Pornstars, Masturbation, Compilation, Gonzo,
Studio: Tom Byron Pictures
Director: N/A
A Slut Like Mom
Release: 2009
Time: 2h 32min
These girls want to be just like mom when they grow up! To do that they're going to have to open up their legs and spread their pussies nice and wide!More info
Starring: Tatiana Kush, Tina Tyler, Cameron Love, Gina Rome, Mika Tan, CortKnee, Crista Moore, Jessica Right, Lana Violet, Mae Victoria, Christian XXX, Dirty Harry, Frankie,
Categories: M.I.L.F., Teens 18+, Threesomes, Hardcore,
Studio: Red Light District
Director: Maestro Claudio
Barely Legal 99
Release: 2010
Time: 1h 29min
Their sexual curiosity is your sweet reward! Incredibly hot and horny teens ready to fuck!More info
Starring: Angel Cummings, Chris Holmes, Tatiana Kush, Dick Fats, Jackie Daniels, Kris Slater, Lana Violet, Leslie Foxx, Natalie Norton, Perry Peacock, Ramm-on, Talon,
Categories: Teens 18+,
Studio: Hustler
Director: Matti Klatt
Fillin' Both Holes
Release: 2008
Time: 2h 24min
'Greg Lansky is proud to present a spankin' new series where we throw 2 dicks in the face of each chick. Tatiana Kush, Samantha Sin, Maya Gates, Britney Stevens, and Kaiya Lynn are about to plunge into this no-holes barred series that features some of the roughest double penetration action they've ever experienced. These tight little sluts can't wait because they're about to get some big fat cock...More info
Starring: Jordan Ash, Kaiya Lynn, Marco Banderas, Steve Holmes, Chris Charming, Britney Stevens, Ian Scott, Alex Gonz, Maya Gates, Samantha Sin, Tatiana Kush,
Categories: Hardcore, Double-Penetration, Anal, Threesomes,
Studio: Digital Sin
Director: Greg Lansky
Hot For Teacher
Release: 2011
Time: 2h 41min
'Can I clean your erasers or suck your cock?' The girls of Innocent High, are anything but. Watch as they go the extra mile to make the grade!More info
Starring: Ella Milano, Briana Blair, Kendra Devons, Scarlett Fay, Tatiana Kush,
Categories: Reality, Uniforms, Teens 18+, Hardcore,
Studio: Innocent High
Director: N/A
Hedonistic Lust
Release: 2009
Time: 2h 00min
When pleasure is your only goal, maximize your desires. Give in...More info
Starring: Tatiana Kush, Rocco Reed, Danny Mountain, Dia Zerva, Ashli Orion, Shyla Stylez, Rebeca Linares, Holly West, RC Ryan, TJ Cummings, Jenaveve Jolie, Tommy Gunn,
Categories: Feature, Pornstars, Hardcore,
Studio: Playgirl
Director: N/A
Irritable Bowel Syndrome 4
Release: 2009
Time: 2h 03min
Blown-out buttholes and swallowed loads... That's the Irritable Bowel Syndrome! Every girl must eat her own cream pie.More info
Starring: Tatiana Kush, Dave Hardman, Anthony Hardwood, Audrey Hollander, Otto Bauer, Seth Dickens, Bailey Brooks, Brooke Scott, John Espizedo,
Categories: Anal, Cream Pies, Cumshots, Swallowing, Extreme Hardcore,
Studio: JM Productions
Director: Jim Powers
Redhead Filthy Talkin' Cocksuckers
Release: 2010
Time: 1h 48min
These nasty talkin' redheaded bitches need to have something shoved in their mouths. With a mouth full of cock, that should quiet them down a little. And while your dick is in there, you might as well shoot your load. Make sure you keep your dick hard just in case they start talkin' shit again.More info
Starring: Trinity Post, Layla Exx, Don Fernando, Margan Reigns, Tatiana Kush, Trisha Rey,
Categories: Redheads, Blowjobs, Cumshots, Facials, Toys,
Studio: Back End Productions Inc.
Director: N/A
Hit Me With Your Best Squirt
Release: 2010
Time: 2h 22min
Better wear your raincoat... You Will get wet! We have assembled some of our most fantastic squirters for this movie.More info
Starring: Mason Moore, Coco Velvett, Sindee Jennings, Amber Rayne, Tatiana Kush,
Categories: Squirting, Hardcore,
Studio: Tom Byron Pictures
Director: Ivan
Fem Slave
Release: 2012
Time: 1h 13min
What you are about to watch is real. It is not scripted, fictional pornography, but rather a real document, shot in real time, of a real Mistress and Her new 24/7 live-in girl slave. We are grateful to Mistress for granting us all access to a day in the life of their highly unorthodox, yet consensual, living arrangement. Only those with extremely open minds should consume the following. It is not...More info
Starring: Tatiana Kush, Aiden Starr,
Categories: Lesbian, Bondage, Fetish, Toys, Strap-Ons,
Studio: JM Productions
Director: N/A
POV Cocksuckers 8
Release: 2008
Time: 2h 07min
Dirty cock sucking whores lap it up in this eighth installment of POV Cocksuckers and you know you want to watch! Jenna Haze and friends gives us a dudes-eye-view of her oral skills and let me tell you it's worth the spank. These cumguzzlers aim to please!More info
Starring: Jenna Haze, Carmen McCarthy, Chastity Lynn, Chelsea Rae, Emma Heart, Jackie Ashe, Lexi Belle, Riley Evans, Tatiana Kush, Trina Michaels,
Categories: Blowjobs, Gonzo, Cumshots, Big Cocks, Facials,
Studio: Tom Byron Pictures
Director: N/A
Teen Stravaganza 5: Disc 2
Release: 2011
Time: 2h 12min
This latest volume of ""Teen-stravaganza"" has got a frenzy of fresh meat just for you! We've put together some of the hottest after school specials in this 2 disc set to give you an experience you will never forget! Start it off with Ellie Idol, Tori Black, Jessica Valentino, & Alexis Texas. Then finish it up with Jenna Doll, Audrey Bitoni, Julia Bond, Kat, & more! It's the cutest cast we've put...More info
Starring: Mark Ashley, Ellie Idol, Dakoda Brookes, Tori Black, Jenna Doll, Jessica Valentino, Courtney James, Tatiana Kush, Audrey Bitoni, Julia Bond, Kat, Alexis Texas,
Categories: Hardcore, Compilation, Teens 18+,
Studio: Digital Sin
Director: N/A
Big Booty Rollin' 2
Release: 2009
Time: 2h 28min
These round rumped delicious sluts are packin some serious ass in their behind. Watch these five girls suck it and fuck it all while having their asses grabbed, smacked, and fucked!More info
Starring: Jayden Jaymes, Tatiana Kush, Charlotte Vale, Anita Blue, Tasha Lynn, Mike Adriano, Dirty Harry, Jack Vegas, Maestro Claudio,
Categories: Big Butts,
Studio: Red Light District
Director: Maestro Claudio
What An Asshole
Release: 2010
Time: 2h 58min
This is anal gape movie! Butt full of nut Tatiana Kush gets anal sized hard! Kacy's butthole adventures! Double gape Dana & Amy twin gape sisters. Tory Lane is the nastiest we have seen in a while! Violet - DP and anal creampie gets a little messy!More info
Starring: Tatiana Kush, Amy Brooke, Dana DeArmond, Tory Lane, Kaci Star, Violet Monroe, Mr Marcus, Rico Strong, Prince Yahshua, Cuntre Pipes, Jon Jon, LT,
Categories: Cream Pies, Threesomes, Interracial, Hardcore, Anal, Gape,
Studio: West Coast Productions
Director: TB
Barely Legal Brunette Beauties
Release: 2011
Time: 1h 40min
Blondes may have all the ditzy fun, but for a good ole' fucking time a brunette is who you should be calling! These young little birds are horny to do all those dirty things you want them to do!More info
Starring: Ashlyn Rae, Missy Stone, Tatiana Kush, Jaslin Diaz, Carmella Santiago, Jay Lassiter, Jay Ashley, Brad Hardy, Kenny,
Categories: Brunettes, Amateur, Hardcore,
Studio: Hustler
Director: N/A
Ass Eating Lesbians #10
Release: 2014
Time: 1h 51min
'Ass eating is these girls specialty. Nothing gets them off ore than burying their tongue deep, deep inside their girlfriends asshole! And of course it wouldn't be nice if their girlfriend didn't return the favor!'More info
Starring: Amanda Sun, Susan, Daria Glower, Anita Ferrari, Walleria, Bianca, Leslie Foxx, Tatiana Kush,
Studio: White Ghetto
Director: N/A
Juicy White Anal Booty #6
Release: 2011
Time: 2h 55min
'Welcome to the big ass anal showdown! Watch these phat assez get drilled!'More info
Starring: Tatiana Kush, Jada Stevens, Briella Bounce, Phoenix Marie,
Categories: Threesomes, Interracial, Anal, Big Butts, Outdoors,
Studio: West Coast Productions
Director: T.B.
Teens For Cash 15
Release: 2009
Time: 2h 28min
Pink Visual broke the bank to flash some greenbacks at a new brood of barely legal bitches that aren't half as smart as they are sexy! Mommy and daddy aren't paying out anymore, so these girls need money for gas and beer and are willing to go from girl next door to dirty little whore for some cold hard cash! When we open our wallets, these needy nymphs open their legs for some hardcore teen-tappin...More info
Starring: Chloe Chanel, Kayden Faye, Tatiana Kush, Monica Morales, Melissa Juliana,
Categories: Teens 18+, Threesomes,
Studio: Pink Visual
Director: N/A
Fuck Dolls 12
Release: 2010
Time: 2h 44min
A fresh batch of girls who love getting fucked ragged! These girls love having their tight pussies slammed by dick. Watch as Kyanna Lee and Kirra Lynne take a cock in the ass!More info
Starring: Kyanna Lee, Ginger Babi, Kirra Lynne, Aletta Ocean, Tatiana Kush, Dirty Harry, Jack Vegas, Frankie Young, Mike Adriano,
Categories: Anal, Gonzo, Hardcore,
Studio: Red Light District
Director: N/A
Sucking Me Pov South Beach
Release: 2009
Time: 1h 36min
These cock sucking bitches are more than eager to take on D. Snoop's big ol' dick! Watch as they open wide to choke down every inch of dick that will fit down their throat, sucking their way to a warm, sticky reward!More info
Starring: Tori Black, Emilee Parker, Tatiana Kush, Vlaney Cruz, Robyn Lee, D. Snoop, Sierra Snow, Ruby Knox, Carmella Diamond,
Categories: Blowjobs, Cumshots, Facials, Gonzo,
Studio: Platinum X Pictures
Director: D. Snoop
Boy Meats Girl 13
Release: 2011
Time: 1h 34min
Boy meats girl and then nature takes over. Join Tatiana Kush and friends as they suck and fuck for your viewing pleasure.More info
Starring: Tatiana Kush, Alexxxis Tyler, April Blossom, Brian Surewood, Cali, Ivana, Mark Wood, Mr. Pete, Rod Fontana, Tom Byron,
Categories: Hardcore,
Studio: Evolution Erotica
Director: N/A
P.O.V. All Stars
Release: 2010
Time: 2h 54min
Put yourself in the driver's seat with this collection of the hottest POV scenes Hustler has to offer! Watch as these smoking hot sluts fuck, suck and take everything you give them!More info
Starring: Barbie Addison, Ben English, Bree Olson, Dan Silver, Dirty Dan, Jenaveve Jolie, Sindee Jennings, Steve Holmes, Tatiana Kush, Tiffany Taylor,
Studio: Hustler
Director: N/A
DP's Make Her Cum #6
Release: 2014
Time: 1h 34min
'Who doesn't love a woman with a strong sexual appetite? These filthy whores need more than one cock to make them cum. They need it balls deep in both holes... double stuffed delights.'More info
Starring: Peyton Lafferty, Sabrina, Tatiana Kush, Julia,
Categories: Threesomes, Double-Penetration, Anal,
Studio: Deviant Mindz Productions
Director: N/A
She Is Half My Age 10
Release: 2010
Time: 2h 33min
Brandon Iron and his middle aged buddies bang out the hottest girls who are truly half their age, or less!More info
Starring: Amia Moretti, Nikki Sweet, Jessica Right, Niki Vonn, Jenna Blue, Kayla, Tatiana Kush,
Studio: Brandon Iron Productions
Director: Brandon Iron
My Big Fat Tits 2
Release: 2008
Time: 2h 15min
Wouldn't you love to play with my big, juicy jugs? They're so warm and soft that I love playing with them myself! In fact, it feels so good when I squeeze and lick my sensitive nipples that I can make myself cum! Do you want to make me cum? Because I want you to cum all over my big fat tits!More info
Starring: Allie Foster, Britney Stevens, Riley Evans, Tatiana Kush, Whitney Stevens,
Categories: Big Tits, Big Cocks, Gonzo, Hardcore, Blowjobs,
Studio: Devil's Film
Director: N/A
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Searchers find man with dementia in woodsApril 18,2014Searchers find
lost man in woods
WEST WINDSOR Volunteer firefighters searched through the woods and found an elderly West Windsor resident who suffers from dementia after he wandered away from his home Thursday morning.
The West Windsor Volunteer Fire Department along with police and an ambulance crew from Windsor were called out at 9:30 a.m. to form a search party on Weeden Hill Road.
Fire Chief Mike Spackman said at that point it had already been a little more than two hours since any family member had last seen the 80-year-old man, so searchers cast a wide net.
We had a bunch of people going in different directions because of the time difference, Spackman said, noting, He was not really properly attired for the conditions. It was 20 degrees.
We found him in the woods less than a half a mile from his house, Spackman said. The successful search effort took only about 45 minutes until the man, who was not identified, was found unharmed.
The ambulance people checked him out and we returned him home, Spackman said.MORE IN This Just InPolice investigate
couple shot dead
NEWBURY Police in Newbury investigating a... Full StoryANDOVER A Bellows Falls woman is expected to be arraigned next month after police accused her... Full StoryWHITE RIVER JUNCTION Police said an armed Perkinsville man was arrested Monday following a... Full Story
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Tammy Porter
Tammy Ann Porter, 48, of 281 Phillip Lear Road, Westminster died Tuesday at the Cottingham Hospice House. The funeral will be 11 a-m Saturday at heritage Memorial Gardens Mausoleum. The family receives friends from 10-11 a-m, prior to the service at Heritage Memorial Gardens Mausoleum. Burial will follow. The family is at the residence. Flowers are accepted. Condolences may be […]Read more


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Mental health: The Multi-Ethnic and Mental Health Awareness Arts Festival and Exhibit is set for 3 p.m Sunday at Muzeo, 241 S. Anaheim Blvd., featuring art by mentally ill adults who participated in workshops by the Orange County Children's Therapeutic Arts Center and eight local ethic groups.
Art Marroquin, 714-704-3769
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Keep it civil and stay on topic. No profanity, vulgarity, racial slurs or personal attacks. People who harass others or joke about tragedies will be blocked. By posting your comment, you agree to allow Orange County Register Communications, Inc. the right to republish your name and comment in additional Register publications without any notification or payment.


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Tresmode for Women
Shoes & Accessories › Tresmode for Women
Buy Tresmode Footwear for Women on Junglee.com
Want to choose from an amazing selection of women's footwear for any occasion? Looking for that perfect pair of flats, loafers, sandals or pumps? Choose from dozens of essential designs from the leading footwear brand, Trèsmode. The brand is known for its wide range of uber chic footwear and for bringing the hottest international styles to the Indian market. Shop online at Junglee.com, we'll keep you stylish and comfortable whether you're looking for classic work wear shoes or party wear heels. Trèsmode's versatile collection appeals to a wide range of clientele with evolving fashion choices.Elevate Your Style with Nude Pumps
Nude heels in a sling back, peep-toe, platform, low heel, mid heel or high heel design are vital to a woman's wardrobe. Owning a pair of nude shoes is at the top of every shoe-lover's bucket list. If you are looking for a perfect pair of nude heels, you've come to the right place. Step up your formal or casual look by choosing from the various nude heel types. If you are dressing for work, you can opt for mid-heeled sling back nude pumps. Nude pumps with platform heels can be paired with your fashion forward silhouettes for standout appeal. Elegant nude pumps are ideal for formal affairs, they can be paired with your Indian ethnic wear as well. You'll find a range of Trèsmode nude pumps and heels online to choose a classic style that is going to be your best bet. It is recommended that you find your shoe size and width fitting to achieve the perfect fit.Strappy Sandals – Sleek and Stylish Alternative to Flip Flops
Want to add interest to your outfit with a pair of strappy sandals? You'll add a graceful spring to your every step with stylish strappy sandals, especially when you team it with your work wear look or your weekend look. Shop online for a range of sandals in various colours and patterns and you'll have those essential wear-with-anything closet constants to take the guesswork out of getting dressed during the week. On Junglee, you'll find a number of multi-strap sandal styles available as well. Whether you are into bright sandals, neutral strappy sandals or metallic sandals, you can choose from a range of Trèsmode sandals online. Gladiator sandals add a trendy edge to your casual outfits especially a mini or a maxi dress. You can choose from ankle, mid-calf or knee-high gladiator sandals to blend in with your outfits.Party Wear Stilettos – Find Your Ideal Heel Height
Flaunt timeless glamour with the perfect pair of heels. Made for parties and other festive occasions, you can take your pick from Trèsmode's extensive range of party wear stilettos including embellished high heels, patent court shoes and elegant peep toes. Two-inch heel stilettos or kitten heels looks great in a sling back design. It provides you enough lift and ensures that you stay comfortable all day as well. Sassy and classy high heel stilettos with a large toe platform aren't for everybody. For those who are accustomed to sashaying in party wear stilettos with over 4 inch heels, the selection of Trèsmode stilettos online is sure to have them striding in heels in no time.Footwear that Make Style Statements
If buying a pair of shoes is the best treat for your fashionista soul, you'll be glad to browse through the endless collection of gorgeous shoes on Junglee. Splurge on a fab pair of Trèsmode shoes online, that will take you from the boardroom to the boardwalk and still look great. Get the best pair of classic black pumps or live on the edge with a pair of stilettos that are forever in fashion. Shop online at Junglee and find the best deals on Trèsmode footwear online.


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Meet Molly, This little girl is a beautiful Mini Australian labradoodle. She is a dark Brown white parti. She will mature 20 to 25 pounds full grown! Both of Molly parents are very sweet and loving. she is being sold on a spay neuter contract! Molly, will go home with a 2 yr health guarantee, A puppy pack which includes, Leash, Collar, toy that has Mommy scent on it UTD shots deworming. Vet check! Please visit our website for further information on Molly, Please contact us anytime for further information! www.ericasdoodles.com 708-518-2788. Parents are heath tested!


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After stumbling upon the bed, carriage, and tailstock from a Taig lathe, I rebuilt the lathe, making all the parts I didn't have already. This includes new cross slide and compound slide, a new headstock and spindle with integrated taper for ER32 collets, and brushless spindle motor with a DC custom power supply.
Here's the build log (and many more pictures), which will be occasionally updated as I add features like auto feed and chucks.
Small Motor Controllers, Round 2 - A few minor differences on this revision: - Switched to lower-ESR through-hole electrolytic capacitors, from surface mount ones - Added a MCP 256...
5 weeks ago


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Having unnecessary fat in numerous locations of your body can have a significant impact on your health and self-esteem. While standard weight-loss through exercise and diet plan is an excellent way to slim down overall, even the best exercises cannot target issue areas like the belly, inner thighs, arms, and butts. Liposuction is a time tested treatment that is used to eliminate excess fat from specific locations of the body, allowing a specific to form and contour their body to their taste. Is liposuction right for you? Discover now.
Pros of Liposuction
There are lots of advantages to this cosmetic treatment, consisting of:
• Right away obvious changes. Unlike standard weight-loss, liposuction produces changes that are immediately visible in the body. Some distinction is visible right away, and the wanted results are generally achieved in simply a couple of days.
• Proven and safe. This cosmetic treatment has been performed by knowledgeable cosmetic surgeons all over the world for several years and the strategy has actually been fine-tuned over and once again to be safe and effective.
• Recovery time is usually fast. The downtime needed after having this type of treatment is generally much less than what is required for other types of cosmetic treatments, consisting of tummy tucks, breast reduction, and more. People who have had the treatment can often return to work far more rapidly than they prepared for and can return to living a healthy, active way of life.
• Weight-loss can be irreversible. With the ideal maintenance methods, the fat that was gotten rid of during the liposuction treatment will not return.
• Complete control over your body. With liposuction, an individual can have complete control over how they wish to look, beyond exactly what traditional diet and workout can provide. Giving individuals this power over their bodies increases self-confidence and aid people feel their very best.
While there countless advantages to liposuction, there are naturally a few cautions that must be taken into consideration prior to making the final decision to move forward with the procedure.
Cons of Liposuction
Prior to having liposuction done, it is very important to examine the possible drawbacks of the treatment and identify if the benefits exceed the risks in your specific case. Your surgeon can assist you learn more about the dangers related to the treatment and can assist you decide if progressing is the best thing for you.
• Issues with general anesthesia. Because liposuction is performed under general anesthesia, the treatment carries the exact same threats as any other type of surgical treatment where general anesthesia is utilized. Hidden medical conditions may enhance these dangers.
• Unfavorable responses. Bruising, bleeding, and discomfort are all to be anticipated, however, in unusual cases can trigger more substantial issues.
• The possible to gain the weight back. After having liposuction done, it is vital to preserve a healthy diet plan and exercise properly as advised by your doctor. Failure to do so could result in getting back the weight that was lost or possibly even more.
Although there are threats associated with liposuction, for many individuals, the advantages far outweigh them. Inform yourself about the treatment by having thorough discussions with your surgeon and think about how liposuction has the potential to affect you as an unique individual. Only you and your cosmetic surgeon can determine if liposuction will provide you with the outcomes you are searching for within your expectations.
Laser Liposuction procedure is a new non invasive procedure to loose unwanted bodyfat in Comfrey MN
Laser liposuction is a more recent, minimally invasive treatment that includes heating the fat cells to melting point and getting rid of the melted fat through a small cannula. The procedure is usually done right in your doctor's office and is an exceptional option for people who have less than 500 ml of fat to eliminate from any one area. Laser liposuction can be a safe, complementary treatment to weight loss in order to shape the body you've constantly wanted.
Contact a Specialist in your Comfrey MN today.
If you're considering liposuction as a weight-loss solution, it is necessary that you discuss your desires with a qualified plastic surgeon in your location. Your surgeon will carry out a complete exam and health history questionnaire to identify if liposuction can benefit you and help you reach your physical and psychological objectives. Call today for an assessment and learn more about how liposuction can assist you achieve the body of your dreams.


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Higher Power Pressure Washing
1273 49th Pl S Birmingham, Alabama 35222(205) 592-4250
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AboutHigher Power Pressure Washing is located at the address 1273 49th Pl S in Birmingham, Alabama 35222. They can be contacted via phone at (205) 592-4250 for pricing, hours and directions.
Higher Power Pressure Washing has an annual sales volume of 0 - 500K. .For more information contact James Crim, Owner
For maps and directions to Higher Power Pressure Washing view the map to the right. For reviews of Higher Power Pressure Washing see below.
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- James Crim
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