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June 7, 2007
MICHAEL D. SARGENT AND JACQUELINE SARGENT, PLAINTIFFS,v.CASSENS CORPORATION, CASSENS & SONS, INC., COTTRELL, INC., DAIMLER-CHRYSLER CORP. F/K/A CHRYSLER CORP., JO ANN SHASHEK TRUST, ALBERT CASSENS FLP, ALBERT CASSENS AND KAY CASSENS, DEFENDANTS.
MEMORANDUM and ORDER
Plaintiffs, Michael D. Sargent and Jacqueline Sargent, bring this action in connection with an accident that occurred on December 30, 2004, in which Sargent, a car hauler employed by Cassens Transport Company, injured his low back and related areas while attempting to climb onto a rig manufactured by Defendant Cottrell, Inc. Plaintiffs assert claims for relief based upon strict liability, negligence, breach of implied warranty, alter ego, negligence - direct liability, breach of contract, consumer fraud and deceptive business practices, and loss of consortium.
Cottrell removed this case from the Circuit Court of the Twentieth Judicial Circuit, St. Clair County, Illinois, to this Court under federal diversity jurisdiction. Cottrell asserts that its co-Defendants, Cassens Corporation, Cassens & Sons, Inc., Jo Ann Shashek Trust and Albert Cassens FLP, have been fraudulently joined to defeat diversity jurisdiction.*fn1 Plaintiffs move to remand this case to state court on the basis of procedural defects in removal and on the basis that Cottrell failed to satisfy its burden, through competent proof, of the amount in controversy. The motion for remand has been fully briefed and is ready for disposition.
A. Legal Standard
Removal based on diversity requires that the parties be of diverse state citizenship, that is, no plaintiff may be a citizen of the same state as any defendant, and that the amount in controversy exceed $75,000, exclusive of interest and costs. See 28 U.S.C. §§ 1332, 1441. See also Rubel v. Pfizer Inc., 361 F.3d 1016, 1017 (7th Cir. 2004). The party seeking removal has the burden of establishing federal jurisdiction. Doe v. Allied-Signal, Inc., 985 F.2d 908, 911 (7th Cir. 1993). This Court's exercise of subject matter jurisdiction is constrained by the well-established rule that federal district courts must interpret the removal statute narrowly and "presume that the plaintiff may choose his or her forum." Doe, 985 F.2d at 911.Any doubts regarding jurisdiction should be resolved in favor of remand to state court. Id. (citing Jones v. General Tire & Rubber Co., 541 F.2d 660, 664 (7th Cir. 1976));see also Krueger v. Cartwright, 966 F.2d 928, 930 (7th Cir. 1993) (Federal district courts "are obliged to police the constitutional and statutory limitations on their jurisdiction.").
B. Defects in Removal Procedure
1. Forum Defendant Rule
Plaintiffs' first ground for remand is the "forum defendant" rule which holds that a case may not be removed on the basis of diversity jurisdiction where one or more defendants is a citizen of the state in which the action is pending. See 28 U.S.C. § 1441(b) (providing that a case in which the asserted basis for federal subject matter jurisdiction is diversity "shall be removable only if none of the parties in interest properly joined and served as defendants is a citizen of the State in which such action is brought."); LaMotte v. Roundy's, Inc., 27 F.3d 314, 315 (7th Cir. 1994) (quoting 28 U.S.C. § 1441(b)) ("[C]ases not involving federal questions are 'removable only if none of the parties in interest properly joined and served as defendants is a citizen of the State in which such action is brought.'").
Under the rationale of the forum defendant rule, Cottrell's removal is improper if one or more of the Defendants, properly joined, is a citizen of Illinois. It is undisputed that Cassens Corporation, Cassens & Sons, Jo Ann Shashek Trust and Albert Cassens FLP are Illinois citizens. However, Cottrell's right of removal ". . . cannot be defeated by a fraudulent joinder of a resident defendant having no connection with the controversy."Wilson v. Republic Iron & Steel Co., 257 U.S. 92, 97 (1921). Only uncontroverted evidence showing unmistakably that a diversity-defeating defendant has absolutely no connection with the events giving rise to a case will establish fraudulent joinder. See, e. g., Faucett v. Ingersoll-Rand Mining & Mach. Co., 960 F.2d 653, 654-55 (7th Cir. 1992) (In a products liability action, fraudulent joinder was established by a diversity-defeating defendant's uncontradicted affidavit stating that he had nothing to do with the machine at issue). Accordingly, the Court must determine if Defendants, Cassens Corporation, Cassens & Sons, Jo Ann Shashek Trust and Albert Cassens FLP, have no connection with the controversy and, thus, were fraudulently joined. The Court will first consider whether Defendant Cassens & Sons is properly joined, because that determination governs one aspect of whether Cassens Corporation is properly joined.
Cassens & Sons, Inc.
Plaintiffs allege that Cassens & Sons sold and/or distributed the trailer at issue, or profited from the sale of the rig, and placed the rig in the stream of commerce. They contend that Cassens Corporation, through the direction of its corporate director Albert Cassens, directly controlled the actions of Cassens & Sons, forcing Cassens & Sons to handle the sales of rigs without profit in order to benefit Cassens Corporation. The counts pleaded against Cassens & Sons sound in negligence and strict liability based on the purported ground that Cassens & Sons was a distributor of the product at issue. The sole evidence Plaintiffs provide for their allegations is the statement of Kay Cassens that she buys Cottrell rigs through Cassens & Sons. Doc. 22, Exhibit D, Kay Cassens Dep., 25:12-23.
Whether "rigs," in general, were purchased through Cassens & Sons is not relevant to the instant action if the specific rig at issue here was not bought or sold through Cassens & Sons. Cottrell has submitted uncontroverted evidence that Cassens & Sons was not in the chain of title for the rig that is the subject of this lawsuit. The rig was owned by Albert Cassens FLP. Doc. 18, Exhibit C, Certificate of Title of a Vehicle; Exhibit D, Cottrell Invoice. Cassens & Sons had no " . . . involvement whatsoever regarding the sale, lease, delivery or distribution of the trailer/rig described in Plaintiff's Complaint, known as Unit No. 5492 and identified by VIN# 1C9VX10441G-148402 ." Exhibit E, Clarence Brown Aff. Only one injury is alleged, and only one rig is at issue. The evidence is that Defendant Cassens & Sons did not buy, sell, lease deliver or distribute that unit.
Accordingly, the Court finds that there is no reasonable possibility that Plaintiffs can maintain their cause of action against Cassens & Sons, Inc., and that Cassens & Sons has been fraudulently joined. Consequently, the Court will disregard the citizenship of Cassens & Sons, Inc., in determining jurisdiction and DISMISSES with prejudice Defendant Cassens & Sons, Inc., from this cause of action.
Cassens Corporation
Plaintiffs allege that Cassens Corporation, directly and through its individual owners/Cassens family members, was a participant in the distribution of the rig in question and served as commercial lessor of the rig. The counts pleaded against Cassens Corporation sound in strict liability, alter ego, negligence - direct liability, breach of contract, consumer fraud and deceptive business practices, equitable estoppel and fraud.
The only specific evidence offered by Plaintiffs that Cassens Corporation was involved in the design or manufacture of the rig at issue or participated in the transactions at issue is both suspect and misleading. Plaintiffs cite to the deposition of Raymond Abert, who worked for Cassens and Sons in an unspecified position for forty-five years, as evidence that Cassens Corporation directly controlled the actions of Cassens & Sons by forcing it to handle the sales of rigs without profit because "the stock of the dealership was owned by [Cassens Corporation]." See Doc. 22, Exhibit B-1. The transcript of this section of Mr. Abert's deposition is as follows:
Q: There was no intercompany profit. Does that mean that if you provided a product or a service to one of the Cassens companies, you had to do it at cost?
A. Yes.
Q: All right. And that was because the overall group of companies would benefit by that; correct?
A: Not really. I mean I didn't benefit by this other than to -- the headache of signing a check.
Q: I understand that. I'm not asking you if you personally benefitted?
A: No, I mean --
Q: I'm asking you, what is your understanding as to--
A: As far as the dealership was concerned. I mean, none of the dealership, other than the stock of the dealership was owned by--
Q: All right. So, it's your understanding that the overall owners of the Cassens group of companies benefitted by the procedure where there was no intercompany profits being made on exchanges of products like this; correct? That's your understanding?
A: Yes.
Id. 20:13-21:13. Plaintiffs have lifted a phrase out of context, which, in context, is far from proving the participation of Cassens Corporation in the transactions at issue. Worse still, having cut the deponent off in mid-sentence, Plaintiffs' counsel inserted "Cassens Corporation" as the missing conclusion to the sentence. Id. 21:4-6. In Abert's deposition, there is a prior reference to the "overall group of companies," see id., 20:18-20, and a subsequent reference to the "Cassens group of companies," see id., 21:7-11. Reviewing the preceding pages, the Court finds numerous references to "Cassens & Sons" and to "Cassens Transport," but there is not one specific reference naming "Cassens Corporation" and identifying its role as to anything at issue herein. Id., 14:1-21:6.
The Court wishes that it could say that Cottrell did a better job on this issue. Unfortunately, it cannot. Cottrell asserts that Cassens Corporation's only corporate function is to serve as a holding company for other Cassens-related entities. As such, Cassens Corporation was not the owner, lessor, or distributor of the trailer at issue. Cottrell submits the deposition and affidavit of Allen Cassens as evidence that Cassens Corporation 1) is a holding company with no other functions; 2) has no involvement in the operation of other Cassens companies; 3) has no employees; 4) is not an operating company; and 5) has as its sole purpose the filing a consolidated tax return. See Doc. 18, Exhibit P, Allen Cassens Dep.; Exhibit Q, Allen Cassens Aff.
First, Allen Cassen's affidavit makes no reference whatsoever to Cassens Corporation. Id., Exhibit Q. It is almost entirely devoted to the role of A. C. Leasing with respect to Cottrell trailers, with scattered references to the role of Cassens Transport. Id. Yet, Cottrell cites this as evidence that Cassens Corporation is a holding company with no other function. Second, as to the deposition of Allen Cassens, Cottrell cites to pages 11, 16-17, 21, 34 and 89. Id., Exhibit P. Of these, Cottrell has submitted only page 17, in which Allen Cassens states that he does not own most of the stock in Cassens Corporation, either as a lessor or an individual, which appears to be completely irrelevant to the role and function of Cassens Corporation. See id. The Court has reviewed the other pages submitted by Cottrell (3, 84, 87, 88, 90, 91) and finds them equally irrelevant to the issue of the functions of Cassens Corporation. Neither the attorney nor a representative for Cassens Corporation was even present at the deposition. Id. 87:16-24, 88:1-9.
On this record, the Court would prefer to leave the parties as it finds them, i. e., "a plague o' both your houses," but the Court must decide this issue for the case to proceed. Generally, courts ". . . cannot take notice of findings of fact from other proceedings for the truth asserted therein because these findings are disputable and usually are disputed." General Elec. Capital Corp. v. Lease Resolution Corp., 128 F.3d 1074, 1082 (7th Cir. 1997). However, if a finding of fact satisfies "the indisputability requirement of Fed.R.Evid. 201(b)," it may satisfy the evidentiary criteria for judicial notice. Id. The Court is well-acquainted with the issue at hand. See Sandage v. Cottrell, Case No. 3:05-cv-00720-MJR (S.D.Ill.); Rosenberg v. Cottrell, Case No. 3:05-cv-00545- MJR (S.D.Ill.). In both Sandage and Rosenberg, actions involving injuries to car haulers who were employed by Cassens Transport Company, the Court was called upon to determine whether it was possible for the plaintiffs to state a claim against Cassens Corporation. Sandage, at Doc. 90; Rosenberg at Doc. 97. The Court found that Cassens Corporation had "no physical office, no employees and no operations other than to serve as a holding company for other Cassens-related entities." Rosenberg, Doc. 97, p. 8. As a holding company, "Cassens Corporation was not the owner, lessor, or distributor of the trailer at issue," was not "involved in the design or manufacture of the rig at issue [and did not] participate in the transactions at issue." Sandage, Doc. 90, p. 10. In each case, the undersigned found that Cassens Corporation had no purpose except to serve as a holding company for other Cassens-related entities and, thus, had been fraudulently joined. See id.
Accordingly, the Court dismissed Cassens Corporation as a Defendant in each action. Id. On the basis of these prior proceedings, the Court finds that the requirement of Fed.R.Evid. 201(b) has been satisfied in this case. Accordingly, the Court takes judicial notice that Cassens Corporation is a holding company, and as such, did not own, lease, distribute, design or manufacture the rig at issue.
Plaintiffs next argue that, if the Court determines that Cassens Corporation is a holding company, it is still properly joined because it is directly liable as a participant in the conduct of Cassens & Sons and Cassens Transport Company. Plaintiffs cite Forsythe v. Clark USA, Inc., 836 N.E.2d 850 (Ill.App. 2005), where the Illinois Court of Appeals stated that, under the direct participant liability theory, "'. . . where a holding company directly intervenes in the management of its subsidiaries so as to treat them as mere departments of its own enterprise, it is responsible for the obligations of those subsidiaries incurred or arising during its management.'" Forsythe, 836 N.E.2d at 854-55 (quoting Consolidated Rock Products Co. v. Du Bois, 312 U.S. 510, 524 (1941)).
However, even if the Court were to agree that Cassens Corporation "directly intervenes in the management" of Cassens & Sons, so as to treat it as a "mere department[] of its own enterprise," see Forsythe, 836 N.E.2d at 855,Plaintiffs' argument must fail because Cassens & Sons is not subject to liability in this matter, supra. Because Cassens & Sons is not liable, no liability can flow from it to its parent company, and Plaintiffs' argument is moot.
In a third attempt to impute liability to Cassens Corporation, Plaintiffs contend that it is liable for the actions of Cassens Transport under the theory of direct-participant liability. The Court notes that Plaintiffs use the word "undisputed" or "indisputably" rather carelessly, stating, e. g., "It is undisputed that Cassens Corporation had Cassens Transport purchase (or otherwise acquire for use) the rigs." First, Plaintiffs' allegations are disputed. Second, they offer no evidence to support this claim, neither deposition testimony nor affidavit. Cottrell argues that, to the contrary, Cassens Corporation, as a holding company, had no involvement in determining what rigs Cassens Transport purchased. Nonetheless, as set forth above, a holding company can become responsible for the obligations of its subsidiaries if the holding company directly intervened in the management of its subsidiary and the obligation arose during its management. See Forsythe, 836 N.E.2d at 854-55.
Plaintiffs seek to impute liability to Cassens Corporation for directly intervening in the management of its subsidiary through the Corporation's Personal Injury Loss Control Program. Doc. 22, Exhibit D. Specifically, Plaintiffs allege that Cassens Corporation is directly liable for liability arising from Cassens Transport Company's using the rig at issue because Cassens Corporation interfered with Cassens Transport's operations and directly managed its Loss Control Program.
Cottrell contends that Cassens Corporation did not implement the Loss Control Program and did not have specific control over the activity that caused the accident. Furthermore, Cottrell argues that there is no showing that the enactment of the Loss Control Program was meant to benefit only Cassens Corporation and that it was not in the interests of Cassens Transport Company.
The Court has thoroughly review the Loss Control Program and the letter regarding the use of proper footwear in the work environment. Doc. 22, Exhibits D, E. The program clearly was introduced by Cassens Corporation as part of an overall program for Cassens Transport to promote safety and prevent accidents. It can scarcely be read otherwise because it specifically states, "The management of the Cassens Corp. has two primary concerns: the quality of service we provide and the safety of our people who provide that service. To assure that our terminals, and related work facilities are as safe as possible, we have adopted a Loss Control Program that encompasses all operations related to the transportation process in which we are engaged." Id. Exhibit D, p. 1. The document is signed by Allen Cassens, President of Cassens Corporation, and by Albert Cassens, Chairman. Id. The Employee Agreement within the document calls for the employee to acknowledge having read and received the "Cassens Transport Co. Loss Control Program Manual." Id. p. 2. The manual also provides that "Cassens Corp. takes full responsibility for providing a safe working environment for its employees." Id. p. 4. Finally, there is a specific section within the manual directed to the safety of haulaway drivers. Id. p. 20. The Court concludes that Cassens Corporation adopted a program to provide for the safety of Cassens Transport employees.
Cassens Corporation also expected benefits to redound to it through this program.
The manual states, "The efficiency of any business related operation can be measured directly by its ability to control unnecessary loss on a consistent basis. Accidents resulting in personal injury, damage to property and equipment represent needless waste. Needless waste makes survival impossible, thus will not be tolerated." Id., p. 4. Clearly, Cassens Corporation intervened in the operations of Cassens Transport as to providing a plan for employee safety and expected to benefit thereby.
However, Plaintiffs' argument fails on two grounds. First, Plaintiffs offer no evidence that Cassens Corporation, through its Loss Control Program, exercised control over the design and testing process of Cottrell trailers or undertook to control what rigs Cassens Transport purchased. See United States v. Bestfoods, 524 U.S. 51, 64-65 (1998)(distinguishing derivative cases from those in which "the parent is directly a participant in the wrong complained of") (citation omitted); see also Esmark v. National Labor Relations Board, 887 F.2d 739, 756-57 (7th Cir. 1989) (describing the theory of direct participation by a parent corporation as "transaction-specific," stating that the parent ". . . may be held liable for the wrongdoing of a subsidiary where the parent directly participated in the subsidiary's unlawful actions."). Thus, Plaintiffs fail to show in what way the Loss Control Program resulted in injury to them.
Second, Plaintiffs offer no evidence that the Loss Control Program was "plainly contrary to the interests of the subsidiary yet nonetheless advantageous to the parent," see Forsythe v. Clark USA, 864 N.E.2d 227, 239 (Ill. 2007) (citing Bestfoods, 524 U.S. 51 at 70 n. 13). In Forsythe, the plaintiffs alleged that employees of an oil refinery were killed because of the budgetary strategy of the parent company which minimized safety and training for its subsidiary in order to maximize profits for itself. Id at 231. Thus, a necessary element of direct-participant liability was met, i. e., the allegation that the employees were injured as a result of the parent company's strategy that was intended to advantage the parent at the expense of its subsidiary. Unlike Forsythe, Plaintiffs here acknowledge that the Loss Control Program was "aimed at reducing personal injuries resulting from on-the-job accidents" and fail to show how the Program was advantageous to Cassens Corporation and contrary to the interests of Cassens Transport. Thus, Plaintiffs fail to meet a necessary element of direct-participant liability. The Court concludes that Plaintiffs cannot impute liability to Cassens Corporation through the Corporation's Loss Control Program.
For the foregoing reasons, the Court finds that there is no reasonable possibility that Plaintiffs can maintain their cause of action against Cassens Corporation and finds that Cassens Corporation has been fraudulently joined. Consequently, the Court will disregard the citizenship of Cassens Corporation in determining jurisdiction and DISMISSES with prejudice Defendant Cassens Corporation from this cause of action.
Jo Ann Shashek Trust and Albert Cassens FLP*fn2
Plaintiffs allege that Jo Ann Shashek Trust and Albert Cassens FLP*fn3 "sold, leased, participated and profited in the placement of the rig in question into the stream of commerce." Complaint, Count XI, ¶ 7. The counts pleaded against the trust and the partnership sound in strict liability and negligence.
In Plaintiffs' motion to remand, they make no argument as to these entities except to state that each is a citizen of Illinois, and, as such, cannot have been joined to defeat diversity. The Court has considered and rejected this argument, supra. See Wilson, 257 U.S. at 97. Plaintiffs have not, as Cottrell suggests, conceded these claims. Nonetheless, because Plaintiffs put forward no other reason to defeat Cottrell's claim that the trust and the partnership have been fraudulently joined in this action, the Court finds that there is no reasonable possibility that Plaintiffs can maintain their current cause of action against the JoAnn Shashek Trust and Albert Cassens FLP. The Court finds Plaintiffs' joinder of JoAnn Shashek Trust and Albert Cassens FLP fraudulent, done solely to defeat federal jurisdiction. Consequently, the Court will disregard the citizenship of the trust and the partnership when determining diversity and DISMISSES with prejudice Defendants JoAnn Shashek Trust and Albert Cassens FLP from this cause of action.
2. Albert Cassens' Citizenship
In Cottrell's removal notice, it does not claim that Defendant Albert Cassens ("Cassens") was fraudulently joined. Instead, Cottrell alleges that Cassens is a citizen of Montana. Plaintiffs dispute Cottrell's allegations and assert that Cassens is a citizen of Illinois.
According to the affidavit of Albert Cassens' daughter, Kay Cassens, in August, 2003, Albert Cassens voluntarily decided to move to Montana because of health reasons. Doc. 29, Affidavit of Kay Cassens . Albert Cassens was competent at the time that he moved but was adjudicated incompetent as of April 5, 2006, whereupon she was appointed his guardian. Id. Albert Cassens lives in Montana, and both he and Kay Cassens, as his guardian, intend that he will remain in Montana. Id.
Plaintiffs argue that Cassens is an Illinois citizen. They provide a voter registration card from the Madison County Clerk's Office, indicating that Cassens was an active voter as of January 24, 2006. Doc. 22, Affidavit of David C. Nelson. Furthermore, Plaintiffs cite two cases involving the alleged involuntary removal of Cassens from Illinois. See Cassens v. Alexander, Civil No. 05-372-GPM (S.D.Ill.) (case dismissed on plaintiff's motion for voluntary dismissal of all claims), Cassens v. Cassens, Civil No. 06-186-GPM (S.D.Ill.) (finding that Defendants failed to carry their burden to establish that Albert Cassens had established a new domicile in Montana).
That Cassens is still registered to vote in Illinois, while some evidence of intent to return to Illinois, is certainly not dispositive of the issue. See, e. g., Galva Foundry Co. v. Heiden, 924 F.2d 729, 730 (7th Cir. 1991) (changing voter registration, driver's license or tax status is not enough to confer citizenship for diversity purposes because it would be too easy to manipulate the court's jurisdiction). Moreover, Kay Cassens attests that Cassens has not voted in Illinois since his move to Montana and that his voter registration was not changed because it was unnecessary, given his physical condition. Affidavit of Kay Cassens. Finally, Chief Judge Murphy did not find in either of the cases cited by Plaintiffs that Cassens had not established a domicile in Montana.
Plaintiffs assert that Cassens is not capable of the requisite intent required to change his domiciliary and citizenship. Plaintiffs cite the Order of Guardianship but have, apparently, failed in their intent to attach it as an exhibit. Even if the Order had been attached, it would not have been dispositive of this issue. Plaintiffs have failed to controvert the evidence that Albert Cassens was competent when he left Illinois in 2003, that he was not adjudicated incompetent until 2006 and that he is a citizen of Montana. See Affidavit of Kay Cassens. Accordingly, the Court finds that the Albert Cassens is not a citizen of Illinois, that his citizenship is diverse from that of Plaintiffs, and that, as such, his citizenship does not destroy this Court's jurisdiction.
3. Amount in Controversy
The Seventh Circuit, in Meridian Security Insurance Co. v. Sadowski, 441 F.3d 536 (7th Cir. 2006), clarified the standard to be used in evaluating the amount in controversy in cases removed from state court to federal court in diversity. The court explained that: a proponent of federal jurisdiction must, if material factual allegations are contested, prove those jurisdictional facts by a preponderance of the evidence. Once the facts have been established, uncertainty about whether the plaintiff can prove its substantive claim, and whether damages (if the plaintiff prevails on the merits) will exceed the threshold, does not justify dismissal . . . . Only if it is "legally certain" that the recovery (from plaintiff's perspective) or cost of complying with the judgment (from defendant's) will be less than the jurisdictional floor may the case be dismissed.
Id. at 543. A removing party "need not show that the plaintiff will prevail or collect more than [the jurisdictional amount] if he does." Rising-Moore v. Red Roof Inns, Inc., 435 F.3d 813, 816 (7th Cir. 2006) (emphasis omitted). Rather, the burden is to show "what the plaintiff hopes to get out of the litigation; if this exceeds the jurisdictional amount, then the case proceeds in federal court unless a rule of law will keep the award under the threshold." Id.
Plaintiffs contest that the amount in controversy has been met, asserting that their claim is for only in excess of $50,000. Plaintiffs state that Cottrell has failed to present competent proof that the amount in controversy has been met.
The amount in controversy is determined by evaluating the plaintiff's complaint "and the record as a whole." Schimmer v. Jaguar Cars, Inc., 384 F.3d 402, 404 (7th Cir. 2004) (citing Uhl v. Thoroughbred Tech. & Telecommunications, Inc., 309 F.3d 978, 983 (7th Cir. 2002). Accord Gould v. Artisoft, Inc., 1 F.3d 544, 547 (7th Cir. 1993) (Generally, to determine amount in controversy in removal cases, the court looks "at plaintiff's state court complaint, along with the record as a whole.").However, the Court may examine only the evidence which was available when the case was removed or which sheds light on the situation existing at the moment of removal. Harmon v. OKI Systems, 115 F.3d 477, 479-80 (7th Cir. 1997).
Michael Sargent alleges that he sustained severe, permanent and disfiguring injuries to his low back and related areas, and that he will continue to suffer pain and mental anguish from these injuries. Michael Sargent claims that he has lost wages and has been required to expend large sums of money in order to obtain medical treatment. He also claims that he has been damaged in his capacity to earn wages in the future and will be required to expend additional sums in the future for vocational rehabilitation and/or convalescent care. In addition to Michael's claims, his wife, Jacqueline Sargent, seeks damages for allegedly having lost Michael's support and services. In Count XV, Michael Sargent seeks compensatory damages in the amount of $50,000 and exemplary damages in the amount of $50,000. According to Cottrell, Plaintiffs' attorney has certified that the amount in controversy exceeds $50,000. See Removal Notice, Doc. 2, p. 6.
In Rubel v. Pfizer, Inc., 361 F.3d 1016 (7th Cir. 2004), the Seventh Circuit announced: "removal is proper if the defendant's estimate of the stakes is plausible; plaintiffs can't prevent removal by refusing to concede that the controversy exceeds the jurisdictional minimum." Id. at 1020 (citingBarbers, Hairstyling for Men & Women, Inc. v. Bishop, 132 F.3d 1203 (7th Cir.1997) and Shaw v. Dow Brands, Inc., 994 F.2d 364 (7th Cir. 1993).
It is likely that Plaintiffs' claim exceeds $50,000, given claims for lost wages and future wages, medical expenses and vocational rehabilitation or convalescent expenses and loss of consortium. Michael Sargent also seeks punitive damages, which raises the issue whether such damages can be considered in ascertaining whether the over-$75,000 bar has been cleared.
Punitive damages "may sometimes be taken into account in deciding whether the proper amount is in controversy." Clark v. State Farm Mut. Auto. Ins. Co., 473 F.3d 708, 711-12 (7th Cir. 2007) (quoting Del Vecchio v. Conseco, Inc., 230 F.3d 974, 978 (7th Cir. 2000)). Specifically, punitive damages may be included in the amount in controversy when applicable state law expressly authorizes the recovery of punitives. Geschke v. Air Force Ass'n, 425 F.3d 337, 341 (7th Cir. 2005); Smith v. American General Life and Acc. Ins. Co., Inc., 337 F.3d 888, 892-93 (7th Cir. 2003). The Seventh Circuit has explained:
Where punitive damages are required to satisfy the jurisdictional requirement in a diversity case, a two-part inquiry is necessary. The first question is whether punitive damages are recoverable as a matter of state law. If the answer is yes, the court has subject matter jurisdiction unless it is clear 'beyond a legal certainty that the plaintiff would under no circumstances be entitled to recover the jurisdictional amount.
Anthony v. Security Pacific Financial Services, Inc., 75 F.3d 311, 315 (7th Cir. 1996) (quoting Cadek v. Great Lakes Dragaway, Inc., 58 F.3d 1209, 1212 (7th Cir. 1995)).
Illinois law permits recovery of punitive damages if (a) a tort is committed with fraud, actual malice, deliberate violence or oppression, or (b) "the defendant acts wilfully, or with such gross negligence as to indicate a wanton disregard of the rights of others." Brandon v. Anesthesia & Pain Management Associates, Ltd., 277 F.3d 936, 946 (7th Cir. 2002) (citing Kelsay v. Motorola, Inc., 384 N.E.2d 353, 359 (Ill. 1978)).Within those parameters, punitive damages may be recovered where, as here, Plaintiffs allege that Defendants acted willfully or with such gross negligence as to indicate a wanton disregard for the rights and safety of Michael Sargent. See Proctor v. Davis, 682 N.E.2d 1203, 1216-1216 (Ill.App. 1997) (citing Kelsay, 384 N.E.2d at 353). So, punitive damages should be factored into the Court's amount-in-controversy calculus in the case at bar.
When punitive damages can be counted toward the amount in controversy, the ratio of punitive to compensatory damages must fall within a permissible range. See, e.g., Gavin v. AT&T Corp., 464 F.3d 634, 641 (7th Cir. 2006); Munro v. Golden Rule Ins. Co., 393 F.3d 720, 721-22 (7th Cir. 2004); Smith, 337 F.3d at 896. Here, only about $25,000 in punitive damages would be needed to push the amount in controversy over the jurisdictional threshold, since over $50,000 is sought in compensatory damages. The ratio of compensatory to punitive damages falls within the acceptable range. Moreover, Michael Sargent asserts that he seeks in excess of $50,000 in punitive damages.
Thus, the amount in controversy clears the over-$75,000 mark, despite Plaintiffs' protestations to the contrary. Cottrell has satisfied its burden of establishing the amount in controversy, and Plaintiffs have not shown to a legal certainty that their claims are really less than the jurisdictional amount.
For the reasons stated above, the Court hereby DISMISSES with prejudice Defendants Cassens Corporation, Cassens & Sons, Inc., Jo Ann Shashek Trust and Albert Cassens FLP. The Court DIRECTS Plaintiffs to file an Amended Complaint which omits those claims directed to the now-dismissed Defendants on or before June 27, 2007.
This Court has subject matter jurisdiction over this cause of action pursuant to 28 U.S.C. § 1332,and this case was properly removed. Accordingly, the Court DENIES Plaintiffs' motion to remand to state court (Doc. 22).
The Court further DENIES AS MOOT all pending motions filed by the now-terminated Defendants (Docs. 12, 19, 24, 39, 42).
MICHAEL J. REAGAN United States District Judge
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Report summaryGuinea has long been overlooked by the upstream industry due to its history of instability and corruption. Offshore Guinea sits on a passive margin in the eastern Atlantic and straddles the Liberia and Senegal-Bove frontier Basins. The geology is similar to Mauritania in the north and Sierra Leone further south, where hydrocarbons have been discovered, suggesting Guinea may also be prospective for oil and gas. However, only two wells have been drilled in the country, both offshore and ...
What's included?
This report includes 2 file(s)
- Country Overview PDF - 464.82 KB 13 Pages, 4 Tables, 5 Figures
- Country Overview XLS - 184.50 KB


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Vans Atwood Sneaker - Womens
Sorry, this item is sold out!
Looks like you've got more shoe shopping to do - have fun!
Looks like you've got more shoe shopping to do - have fun!
Item # 228352
Lace-up and go in the women's Atwood sneaker from Vans! This skate-inspired low-top shoe will add that perfect touch of casual cool to any outfit.
- Canvas upper
- Fabric lining
- Vulcanized rubber outsole
- Signature waffle rubber sole
- Imported
- View more Vans
By: pmtnmama
Location: raleigh, nc
November 05, 2016
love, love, love
"What can I say? These shoes are extremely comfortable yet I feel more "put together" with these sneakers when wearing casual outfits, rather than my other athletic shoes. What a nice surprise to find black laces in the box! I prefer black laces but an extra bonus to have a choice!"
By: 1hardrocknmom
Location: Tennessee
November 01, 2016
OMG!!! I'm in love with these Vans!
"This is my 1st pair of Van's and definitely NOT my last!!! This is the most comfortable sneaker I have ever put on my feet!"
By: BTDeb
Location: Charlotte, NC
October 28, 2016
"The sneakers run true to size and great style."
By: Mags82
Location: Des Moines, IA
October 27, 2016
"These were my 10 year old daughter's first pair of women's size shoes! She is ecstatic to be wearing 'adult' size shoes!"
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Tucker Parris
I had the pleasure to DP for my friends Brian and Sam, on a project for Brian's UCI film production class. We were on a bit of a tight schedule, but after some long nights managed to finish on time and under budget.
The assignment was to write and produce a 2 to 5 minute short dealing with the relationship between androids and humans in the near future.
Shot on Canon EOS 7D with the efs 17-55mm f-2.8 USM, all sound recorded on Zoom H4n, Synced with pluraleyes in FCP 7, color graded with Magic Bullet Looks.


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Florence Marina State Park
Omaha, GA 31821
229-838-6870 | 800-864-7275
Sitting at the northern end of 45,000-acre Lake Walter F. George (also called Lake Eufaula) this quiet park offers the perfect getaway for those who love water sports. It is adjacent to a natural deep-water marina with an accessible fishing pier, boat slips and boat ramp. Overnight guests can choose from a variety of accommodations, including fully equipped cottages, small efficiency units and a modern campground.
Florence Marina is popular with nature enthusiasts as well. Birders are likely to see herons, egrets and even bald eagles. The Kirbo Interpretive Center showcases area wildlife and plants, local history and Native Americans, including artifacts from the prehistoric Paleo-Indian period through the early 20th century. Ten miles southeast is Providence Canyon State Conservation Park, known as Georgia's Little Grand Canyon.
Info & Amenities
Hours of Operation
Sunday: 7:00AM - 10:00PM
Monday: 7:00AM - 10:00PM
Tuesday: 7:00AM - 10:00PM
Wednesday: 7:00AM - 10:00PM
Thursday: 7:00AM - 10:00PM
Friday: 7:00AM - 10:00PM
Saturday: 7:00AM - 10:00PM
Admission & Fees
Daily ParkPass $5.00
Facility Amenities
Boat Launch, Lodging On Site, Parking on Site, Picnic Area, Picnic Shelter
General Information
Group Amenities
Site Information
Cabin / Cottage Rentals, RVs Permitted, Tenters Welcome
Suitable for Ages
All Ages
Water Festival
05/13/2017 - 05/13/2017
Join us as we spend the day discovering the importance of clean water. We will begin the morning by helping clean up the Chattahoochee River. Lunch will be provided, and the afternoon will be filled with games and exhibits.read more
Alligator Day
06/03/2017 - 06/03/2017
Join us as we discover what mysterious animals lurk under the waters of the Chattahoochee River. There will be presentations, and crafts, and you will even get to meet a real baby alligator.read more
4th of July Celebration
07/01/2017 - 07/03/2017
Join us at Florence Marina State Park for our 4th of July Celebration. Enjoy crafts, boat rides, and make your own homemade ice cream.read more
Your Parks Day: Re-blazing the Marina Mile
09/30/2017 - 09/30/2017
Looking for a way to give back to your state parks? There is no better way than by volunteering to help clean up the parks. Join us at Florence Marina on September 30 as we re-blaze the Marina Mile, Florence Marina's only true hiking trail. Help us cut back limbs, pick up trash, and make our trail great again.read more


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- New
Bath & BodyBath & Shower Gel Body Lotion & Cream Bath & Body Gift Sets Travel Size Toiletries Bath Salts & Oils Luxury Soap Bars Winter Warmers Body Scrub Body Remedies
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- GiftsChristmas Gifts Stocking Fillers Gifts for Her Gifts for Him Gift Sets Gifts for the Home Pamper Gifts Gift Cards Gifts under €30
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- Men'sMen's Shower Gel Men's Skin Care Men's Shaving Products Men's Deodorant Men's Grooming Kits Men's Shampoo Men's Gym Bag Essentials
- FragranceEau de Toilette Unisex Fine Fragrances Citrus Fragrance Family Spicy Fragrance Family Woody Fragrance Family Floriental Fragrance Family Floral Fragrance Family Oriental Fragrance Family
- CollectionsBlack Peppercorn Pink Pepperpod Orange & Bergamot Delicious Rhubarb & Rose Ylang-Ylang Gingerlily Mulberry & Thyme Mesmerising Oudh Accord & Gold Coco & SandalwoodTobacco Absolute Dewy Lily of the Valley & Star Anise Re-charge Black Pepper SPORT Blossoming Honeysuckle & White Tea Rosa Absolute Festive Frankincense & Allspice Vintage 2016 with Elderflower Fabled Juniper Berries & Lapp Pine
- Bestsellers
- Special Offers
Re-charge Black Pepper SPORT Gift Set
Re-charge Black Pepper SPORT Body Wash & Scrub Set
THE BLENDWORTH 49€ An energising bath and body gift set, placed in our signature gift box for a sophisticated touch. The fragrance Top note: cardamom. Heart note: jasmine. Base note: cedarwood. Extract: Sichuan pepper. Find out more about this blend. Includes 200ml Re-charge Black Pepper SPORT 4-in-1 Body Wash 200ml Re-charge Black Pepper SPORT Energising Body Scrub Love this? Explore the rest of our limited edition Christmas gift sets.
BENEFITSWhy you'll love it The aromas of cardamom, cedarwood and jasmine refresh the senses while the body scrub blended with olive stone particles and stimulating black pepper oil, leaves skin feeling deeply cleansed and healthy. Best for Designed to keep his spirits high and skin refreshed, this is the perfect set for the modern sportsman.
Click here for full details of zones and services > Europe zone 1 (2 working days) - 9.95€ Europe zone 2 (3 working days) - 14.95€ Europe zone 3 (3 working days) - 24.95€ Europe zone 4 (3 working days) - 39.95€ Note: certain destinations may take a little longer.
Delivery Restrictions
No delivery/shipping restrictions apply to this product
Product code: MBC617
Size: 2 x 200ml
- Hands


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Town of Epes
26262 Martin Luther King Epes, Alabama 35460(205) 331-1004
Print | Save | Directions
AboutTown of Epes is located at the address 26262 Martin Luther King in Epes, Alabama 35460. They can be contacted via phone at (205) 331-1004 for pricing, hours and directions.
For maps and directions to Town of Epes view the map to the right. For reviews of Town of Epes see below.
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Woerner Manufacturing, Inc
26264 Us Highway 98 Elberta, Alabama 36530(251) 987-1240 Website
Print | Save | Directions
AboutWoerner Manufacturing, Inc is located at the address 26264 Us Highway 98 in Elberta, Alabama 36530. They can be contacted via phone at (251) 987-1240 for pricing, hours and directions.
Woerner Manufacturing, Inc has an annual sales volume of 0 - 500K. .For more information contact Gwen Kichler, Manager or go to www.wmitsh.com
For maps and directions to Woerner Manufacturing, Inc view the map to the right. For reviews of Woerner Manufacturing, Inc see below.
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0 Reviews
Key Contacts
- Gwen Kichler
- Phone: (251) 987-1240


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BEHR Premium Plus Ultra Interior Paint, Exterior Paint & Paint Samples: BEHR Premium Plus Ultra Paint 8 oz. #510B-4 Cloudless Interior/Exterior Paint Sample 510B-4U
Home > Home Depot > Hardware > Building Consumables > Painting Consumables > Paint
Preview your color before you start painting with the Behr Ultra 8 oz. Cloudless Interior/Exterior Paint Tester # 510B-4. This liquid sample covers up to 16 sq. ft. to help you make a confident decision before committing to a color. You can use this paint on most interior and exterior surfaces. This low-VOC sample has been formulated to include both paint and primer. Color: Cloudless.


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Results 1 to 3 of 3
- 02-18-2014, 08:57 PM Thread Author #1
- Posts
- 2 Posts
- Global Posts
- 5 Global Posts
Best app for waking up HTC one?
Hello, I am new to the android game and just got an htc one a few days ago, I am coming from a Blackberry Z10 and the only thing I dont like about the HTC is pushing that button to wake it up every time. The Blackberry did this by a simple "swipe" from the bezel up onto the screen, it was super easy and great. Is there a good app in the play store that would work with the HTC one to wake up the phone by simply picking it up or swiping up from the HTC logo into the screen? Thanks
- Posts
- 702 Posts
Re: Best app for waking up HTC one?
yes there are.
keep in mind these (and whichever other you may find in your research) use the phone's sensors to wake it up. expect a battery hit and the ocasional glitch maybe.
i am not aware of any that will let you *swipe* due to the fact that the screen is off, and thus not capable of receiving any commands.
otherwise people have turned to rooting and using the htc logo down the bottom to wake it up. of course that is much more complicated but if you are interested in rooting it could be a choice for you.
- 02-20-2014, 09:10 AM Thread Author #3
- Posts
- 2 Posts
- Global Posts
- 5 Global Posts
Re: Best app for waking up HTC one?
You guys will have to excuse me if I am asking the same questions that have been posted her 1000 times. Sorry this is my very first ever Android phone and I am liking it so far but I hate having to push the power button at the top of the phone every time to wake up the screen. I am not interested in "rooting" my phone because I don't know what that is or even where to start. I am just interested in a good app available in the Play Store for turning my screen on.
So there is no way to swipe up from the HTC logo onto the screen to wake it up? I seen a youtube video of a guy doing this buy it was just to get him out of an app to his home screen so the phone was already on. Im worrined about an app that allows me to simply "pick up" the phone to turn on the screen, worried it would call or text people while in my pocket. But then I also do use the draw a pattern to unlock my phone. Please help me by talking me thru my options other than using the power button. Thanks a lot guys!
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text: Robert Villanueva is an American rapper younower and instagram star, creating live streaming video with his partner Alex Constancio on younow channel. His singing and rape talent earned him popularity on instagram with more than 214,000 followers. He is inspired by rapper Drake and also do concert in different countries.


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I found Harb building services very thorough, polite & efficient . Everything seems to be satisfactory at present. Will be able to evaluate better when we get a change in the weather.
He has very helpful and very quick at his job. He took exactly the time that he said he was going to take.
Get your job done right
We verify our businesses
Only hire the best
Free to request and free to hire!
Baulkham Hills, NSW
Laminate wood
It is 4 bedroom plus 1 family room and hallway with 16 steps. All work upstairs with stairs only..Material already bought and placed upstairs.Need Installer to fix the floor and finish the job.


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Dora and Diego City Railroad
Played 1390 times
Dora and Diego City Railroad game information:
Diego and Dora adventure on rail cars run on. On the way there are many obstacles, your mission is to help Dora and Diego to avoid obstacles and collect items to accumulate points and upgrade speed, life.
How to play:
Use W or Arrow key Up to jump Mouse key to shoot
Add this game to your website or blog!
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60 Reports of Vandalized Vehicles in Fort Collins
Damages included broken windows and mirrors believed to have been caused by small-caliber BB/pellet guns. All vehicles were unoccupied in various areas of Foco.
Damages included broken windows and mirrors believed to have been caused by small-caliber BB/pellet guns. All vehicles were unoccupied in various areas of Foco.
The Communications Specialist heard a male say "I'm gonna call the police if you don't put that gun down….right now." Loveland Police officers responded.
A man was shot in downtown Greeley last night and police are still looking for the suspect. The man was trying to cross 12th Street when a car nearly hit him.
You'd think our world records in Colorado would feature oh, say skiing or craft beer, but no. They include dogs and gorillas....
and we are proud.
There must be a million "Romantic Comedy Movies". Okay, maybe I exaggerate, but quite a few, making it no small task to pick out the "10 best."
Our Pets of the Week include Lady, an 8-month-old puppy, Elsa, a stray cat, and Frazzle, a- year-old rat – all available at the Larimer Humane Society.
The only occupant of the vehicle, 21-year-old Ariel Cartin of Fort Collins, was transported by helicopter to MCR with serious injuries early this morning.
An early morning accident has killed the driver of a semi-truck in Wellington, who died after crashing into a building.
Initial reports indicate the explosion was in a third-floor room. According to the Daily Camera, police do not believe the explosion is related to a meth lab.
Get a first-hand look at being poor at a Poverty Simulation. The Boulder County Circles Campaign is hosting this free event to help us better understand poverty.
My pets are my children and we have a big family. There are 4 horses in my barn where I spend hours every day just because I love their company so much.
Our Pets of the Week include Gato, an 11-year-old cat, Diamond, a 6-year-old Chihuahua, and Rover a 2-year-old rabbit available at the Larimer Humane Society.


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Definition of trunk road
Word Frequency
trunk road
British a main road, esp one that is suitable for heavy vehicles
Collins English Dictionary. Copyright © Harper Collins Publishers
Trends of 'trunk road'
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Definition of trunk road from the Collins English Dictionary
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Nearby words of 'trunk road'
- trunk curl
- trunk hose
- trunk line
- trunk road
- trunkfish
- trunking
- trunks


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Broward Dentists Will Buy Back Kids' Halloween Candy to Get It Off the Streets
Flickr Creative Commons/Jim, the Photographer
Halloween can bring a mixed haul of candy, and sometimes the kids gotta negotiate: five SweeTarts in exchange for a Twix. Reese's Pieces for a Kit Kat and a ring pop.
Parents, however, might be looking to swap out some of that sugar. Rather than engage in high-stakes bargaining with tight-fisted trick-or-treaters, grownups can either pilfer the pile in the wee hours or direct the kids to a couple of area dentists who are trading wrapped candy for money and trinkets instead.
The Halloween Candy Buyback program was launched in 2007 and now includes hundreds of dentists around the nation collecting candy for Operation Gratitude, which sends care packages -- including collected Halloween candy -- to military troops overseas.
In recent years, the buyback program scored more than 250,000 pounds of candy annually, with businesses, schools, civic groups, and religious organizations pitching in. Locally, dentists set their own guidelines for buybacks, so dates and rewards vary. A list of participating offices by ZIP code is on the Halloween Candy Buyback website, halloweencandybuyback.org.
Upcoming Events
Nova Southeastern University Sharks Womens Basketball
TicketsSat., Dec. 10, 2:00pm
Nova Southeastern University Sharks Mens Basketball
TicketsSat., Dec. 10, 4:00pm
Florida Panthers v Vancouver Canucks
TicketsSat., Dec. 10, 7:00pm
UberTAILGATE: Hard Rock Stadium Dolphins vs. Cardinals
TicketsSun., Dec. 11, 12:00pm
Here are a few of the participating offices:
Ultimate Smile, 2026 NE 19th St., Fort Lauderdale, 954-566-5428, UltimateSMILEftl.com: Offering 50 cents per pound of candy and toy items November 5.
Spodak Dental Group, 3911 W. Atlantic Ave., Delray Beach, 561-498-0050, spodakdental.com: Offering $1 per pound, up to five pounds maximum, November 3 to November 14.
Dr. Gary Yanowitz, 1000 N. Hiatus Road, Pembroke Pines, 954- 431-9500, yanowitzdentistry.com: Offering $1 per pound, up to five pounds maximum, 10 a.m. to 2 p.m. November 1.
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Susan Frances
Susan's Contributions
10/03/16 Albums
Zlatko Kaučič Cerkno Jubileum Orchestra
Percussionist Zlatko Kaučič and his orchestra test the waters of improvisation on their new CD Zvocni Sejalec.
09/21/16 Albums
Milko Lazar/Zlatko Kaucic
A sonic expedition composed by Keyboardist Milko Lazar and drummer Zlatko Kaučič
09/19/16 Albums
A unique blend of chamber music and improvisation is heard on East West Daydreams as violinist Alexander Balanescu, drummer Zlatko Kaučič, and woodwind player Javier Girotto come together.
09/16/16 Albums
Matt Wilson's Big Happy Family
Wilson's Big Happy Family is a raucous clan whose members span a considerable stylistic spectrum, spotlighting Wilson's sonically inclusive versatility.
11/28/13 Albums
Dream with Me from Annette Genovese
Review of Annette Genovese's recording Dream with Me, dipping into the soul side of jazz.
02/22/13 Community Articles
Zlatko Kaucic
Review of the Dreilander Trio's self-titled recording featuring pianist Claudio Cojaniz, bassist Giovanni Maier and percussionist Zlatko Kaucic
08/14/12 Community Articles
Book Review: Oscar Peterson by Jack Batten
Review of Jack Batten's biography on pianist Oscar Peterson
06/08/12 Albums
Jean-Pierre Chassé
Review of Jean-Pierre Chassé's new recording Pilgrim of the Strings from Productions de L'onde
05/30/12 Albums
Zlatko Kaučič
Review of Sound Fields for T.S. by Zlatko Kaučič
05/23/12 Albums
Lola Danza
Review of Lola Danza's latest CD The Island from Evolver Records
05/21/12 Community Articles
Book Review: The Jazz Standards
Review of Ted Gioia's new collection, The Jazz Standards
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Claude Marc Bourget
Review of Claude Marc Bourget's album Noviaus Tanz
04/20/12 Community Articles
Musician Review: Meryl Romer
Interview with cabaret singer Meryl Romer
03/07/12 Community Articles
Edward Ricart
Interview with jazz/rock guitarist-bass player Edward Ricart
02/27/12 Albums
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Review of jazz guitarist Nick Millevoi's new album Black Figure of a Bird
02/27/12 Albums
Matta Gawa
Review of jazz improv duo Matta Gawa's new album Tambora
About Susan Frances
Susan Frances joined the JazzTimes community on Mar 30, 2009


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Sometimes, it's not easy getting a deal on Amazon.com. While certain products may sell for a bit below retail price, there are still taxes, shipping and handling charges, and other fees that can drive the price of your order back up. If you're the kind who likes to save every cent that you can, Amazon coupons may be what you're looking for.
There are two general kinds of coupons that you can use on Amazon: on-site discount coupons, and external promotional codes.
Amazon offers coupons right on its own website that give you one-time discounts on products that you buy directly from Amazon (i.e. not third-party sellers). To find and use them:
Go to www.amazon.com in your web browser and log in (if you haven't already).
At the top of the screen, click Today's Deals.
On the next screen, click Coupons.
You will now see a list of items that Amazon has on-site coupons for. You can click on one of the options in the menu on the left-hand side to narrow down your search by the type of product, what's popular, and so on. You can also use the arrow buttons on either side of each category to scroll through coupons for products in that category.
When you see a product that you want that you want to save some money on, click Clip This Coupon underneath it.
The button will change to say Coupon Clipped. Click this button, or click on the product's picture, to take you to that product's page.
(NOTE: You may have to choose a specific product if the coupon applies to a group of similar products.)
You will notice on the product page that there is a new section labelled "Coupon" which tells you that a coupon is being applied to the purchase of this item, and how much it's worth.
Now, continue making the purchase as you normally would. (See our How to Buy on Amazon tutorial if you need help.) When you get to the page where you're asked to select your payment method, make sure the check box beside "Use Your [amount] Promotional Balance" is marked. If it isn't, click it to mark it.
The amount of your coupon will be subtracted from the sale price, before fees and taxes are applied.
Promotional codes are sometimes found in emails and flyers from Amazon, but are more easily found on retail discount websites such as Coupons.com and Retail Me Not. They will usually give you things like free shipping or 10% off your order. To find them:
Type "amazon coupon codes" or "amazon promo codes" into your search engine of choice (one will most likely find results for the other). Then click on a link like the ones highlighted in the screenshot below.
In the example here, we've found a promotional code on Coupons.com (they shouldn't be too hard to find; you may need to click a button that says Get Code or something like that). Write the code down for use later, and make a note of what products you can use it on.
Now, go through the process of ordering an item that you can use the promotional code for. (See our How to Buy on Amazon tutorial if you need help.) When you get to the final checkout screen, before you confirm your order, click in the box labelled "Gift Cards and Promotional Codes", type in the code you wrote down, and click Apply.
Note that the code may not work if you use it on an ineligible product, or the code has expired. In that case, try a different product, or try a new code.
Learn how to use
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Was something in this tutorial missing, confusing, or out of date? Or did it give you all the information you needed, and you just want to say "thanks"? We'd love to hear what you thought!


text:
Reuben K. avait besoin d'un nouveau design de Tee-shirt et a lancé un concours sur 99designs.
3gagnants ont été selectionné parmi 59 designs proposés par 19 designers freelance.
We sell trendy Christian clothing
We are looking to develop a relationship with a designer who can meet our design needs
For this design we are looking to provide positive imagery that provokes emotion and provides a sense pride for followers of Christ. We are not trying to be over-religious in design, we want to appeal to all people. But absolutely no Skulls or negative images are allowed!!!
First we want creative submissions only! The design will be on the front of the shirt.
Please include the following in your design:
(company name) Lineage Apparel
A Male Lion and Lion Cub
the phrase "Gur Aryeh" which means Young Lion in Hebrew
(optional/not required) in the event you use a crown as part of your design, please use a 5 pointed crown.
The design must have a clean crisp look with no clutter, but be very Detailed.
The design is not to be cartoonish, imagine if this design would be worn by a boxer or mix martial artist before a fight.


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Official citation and/or docket number and footnotes (if any) for this case available with purchase.
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APPEAL from the Circuit Court of Marshall County; the Hon.
EDWARD E. HAUGENS, Judge, presiding.
On February 5, 1962, Leo E. Murphy and Sara E. Murphy, his wife, entered into a written agreement as follows:
"1) That we will make and execute with due and legal formalities the following joint and mutual Will devising and bequeathing all property we now own or shall hereafter own jointly, and that we now own or shall hereafter own by either of us as provided in the joint and mutual Will executed hereinafter; and
"2) That the survivor of us will not elect to take against the provisions of said joint and mutual Will."
Immediately following was their executed joint and mutual will in due and legal form and providing for the disposition of their property in accordance therewith.
Leo Murphy passed away on January 24, 1964, a resident of Marshall County, Illinois, and letters testamentary issued naming Sara Murphy the executor of his will. During the administration of the estate an inheritance tax return was filed listing the decedent's assets with the contention that "[b]ecause the Will attached arose out of a contract, there can be no inheritance Tax". The Attorney General of Illinois filed objection. An order was entered sustaining the position of the executor and declaring that no inheritance tax was due, which order was approved by the circuit court of Marshall County. The Attorney General brings this appeal invoking the jurisdiction of this court because revenue of the State of Illinois is directly involved.
The sole issue involved is whether the disposition of the decedent's assets is subject to the Illinois inheritance tax. The State maintains that the decedent's property passed to his widow solely by the terms of his last will and testament, and that, as such, it is a taxable transfer within the terms of section 1 (subsections 1 and 3) of the Illinois Inheritance Tax Act. (Ill. Rev. Stat. 1961, chap. 120, par. 375.) Conversely, the executor argues that the beneficiaries received the assets of the decedent by virtue of the contract the will spelling out only the provisions of the contract relating to the disposition of all the property of the contracting parties and therefore the transfer is not subject to the tax.
The statute involved and pertinent to the decision of the issue is section 1 of the Inheritance Tax Act. (Ill. Rev. Stat. 1961, par. 375.) The relevant part of section I provides as follows:
"A tax shall be and is hereby imposed upon the transfer of any property, real, personal, or mixed, or of any interest therein or income therefrom, in trust or otherwise, to persons, institutions, or corporations, not hereinafter exempted, in the following cases:
"1. When the transfer is by will or by the intestate laws of this State, from any person dying, seized or possessed of the property while a resident of the State * * *
"3. When the transfer is of property made by a resident, * * * by deed, grant, bargain, sale or gift, made in contemplation of the death of the grantor, vendor or donor, or intended to take effect in possession or enjoyment at or after such death, * * *."
The issue can be resolved by an examination of the document effecting the transfer and a determination of the intent and effect thereof. That document is captioned the "Last Will and Testament" of Leo and Sara Murphy, and immediately under that caption appear the words of said agreement binding them to make a joint and mutual will and to adhere to the provisions thereof. Immediately thereafter, the joint and mutual will is spelled out and executed in compliance with the mandatory legal requirements for a valid will. Ill. Rev. Stat. 1961, chap. 3, pars. 1-346.
The only intent manifested by the contractual language prefacing the joint and mutual will, and consequently its only effect, is that the property of the "contracting" parties pass under the terms of the will. As such, this language has no effect upon the applicability of the Inheritance Tax Act to the transfers contemplated by the document. The assets of the decedent passed under the valid joint and mutual will set forth in that document and are subject to tax under subsection 1 of section 1 of the Inheritance Tax Act.
If, as the executor argues, we held that the document in question did not constitute a valid will, but characterized it as a contract to dispose of all the property of the contracting parties, the assets sought to be transferred thereby would nevertheless be subject to our Inheritance Tax Act. The executor cites In re Estate of Johnson, 389 Ill. 425, for the proposition that where a valid pre-existing contract to devise property has been entered into, the property passes under the contract, not the will, and is non-taxable. However, subsection 3 of section 1 of that Act expressly provides that any transfer of property by a resident by deed, grant, bargain, sale or gift which is made in contemplation of death or intended to take effect in possession or enjoyment at the death of the transferor is taxable. Although cases decided under this provision, such as In re Estate of Johnson, have held that an outright and immediate inter vivos gift or sale is nontaxable, other decisions have made it clear that where the transferor retains possession and control or receives the income from the transferred assets during his lifetime with the assets then passing to another to possess and enjoy upon his death, the transfer is subject to tax. (People v. McCormick, 327 Ill. 547; People v. Schallerer, 12 Ill.2d 240.) In the instant case the decedent relinquished no rights to the use and enjoyment of his property during his lifetime by the execution of the document in question, since the transfer described therein became effective only at his death. Based upon these facts, we hold that the transfer herein, regardless of the character of the instrument effecting it, falls within the provisions of subsection 3 of section 1 of the Inheritance Tax Act, and is taxable.
For the foregoing reasons the judgment of the circuit court of Marshall County is reversed and the cause remanded for further proceedings consistent with the view herein expressed.
Reversed and remanded.
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United States District Court, Second Circuit
May 7, 2013
GREGORY SEAN MILES, 04-A-1587, Plaintiff,v.SGT. WALAWENDER, and C.O. KEVIN McADAM, Defendants.
JEREMIAH J. McCARTHY, Magistrate Judge.
In accordance with 28 U.S.C. §636(c), the parties have consented to jurisdiction by a United States Magistrate Judge [46].[1] Before me is defendants' motion for summary judgement [81]. Oral argument was held on February 28, 2013 [94]. For the following reasons, the motion is granted.
Plaintiff, an inmate, commenced this action pro se, seeking relief under 42 U.S.C. §1983, and has since been appointed counsel. The background of this case is fully set forth in my November 5, 2012 Decision and Order [78] denying defendants' Fed.R.Civ.P. ("Rule") 12(c) motion to dismiss.
A. Summary Judgment Standard
"Summary judgment is appropriate only if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. The party seeking summary judgment has the burden to demonstrate that no genuine issue of material fact exists. In determining whether a genuine issue of material fact exists, a court must examine the evidence in the light most favorable to, and draw all inferences in favor of, the nonmovant. Summary judgment is improper if there is any evidence in the record that could reasonably support the jury's verdict for the non-moving party.'" Ford v. Reynolds , 316 F.3d 351, 354 (2d Cir. 2003).
While the moving party must demonstrate the absence of any genuine factual dispute, the party opposing the motion "must do more than simply show that there is some metaphysical doubt as to the material facts.... [T]he nonmoving party must come forward with specific facts showing that there is a genuine issue for trial. " Matsushita Electric Industrial Co. v. Zenith Radio Corp. , 475 U.S. 574, 586-87 (1986) (emphasis in original). "An issue is genuine' if the evidence is such that a reasonable jury could return a verdict for the nonmoving party.... The mere existence of a scintilla of evidence in support of the plaintiff's position will be insufficient; there must be evidence on which the jury could reasonably find for the plaintiff." Rojas v. Roman Catholic Diocese of Rochester , 660 F.3d 98, 104 (2d Cir. 2011) ( quoting Anderson v. Liberty Lobby, Inc. , 477 U.S. 242, 252 (1986)) (emphasis in original). "If the evidence is merely colorable, or is not significantly probative, summary judgment may be granted." Anderson , 477 U.S. at 249-50.
B. Personal Involvement of Defendant Walawender
"It is well settled in this Circuit that personal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under §1983." Wright v. Smith , 21 F.3d 496, 501 (2d Cir. 1994). Relying on his attendance records from the New York State Department of Corrections and Community Supervision ("DOCCS") (Walawender Declaration [82-1], Ex. A), defendant Walawender argues that he lacks personal involvement since he was not present at Five Points on March 4 or 9, 2010. Defendants' Memorandum of Law [81-2], Point I. Plaintiff's opposing Memorandum of Law [88] does not respond to this argument, and "effectively concedes [these] arguments by his failure to respond to them". Felske v. Hirschmann, 2012 WL 716632, *3 (S.D.N.Y. 2012). See Smith v. Riccelli Brokerage Services, LLC, 2011 WL 2007209, *5 (W.D.N.Y. 2011) (Skretny, J.) ("Plaintiff does not respond to Defendants' argument in her memorandum of law, thus it appears she concedes there is no aider and abettor liability under Title VII").
In any event, even accepting plaintiff's testimony that Walawender was present for the March 4, 2010 encounter, it is undisputed that at that time plaintiff was not ordered to walk through the metal detector without his leg brace. Plaintiff's Revised Opposing Statement of Undisputed Facts [91], § Sixty-Second. There is also no indication in the record that Walawender was present for the March 9, 2010 incident. Recognizing this, plaintiff concedes that his claim against defendant Walawender arises only from his failure to make defendant McAdam aware of the March 4, 2010 encounter and meeting. Defendants' Statement of Undisputed Material Facts [81-1], §29; Plaintiff's Revised Opposing Statement of Undisputed Material Facts [91], §Twenty-Ninth. However, nothing in the record suggests that he had the obligation or opportunity to do so. Therefore, I conclude that defendant Walawender should be dismissed for lack of personal involvement.
C. Eighth Amendment Deliberate Indifference by Defendant McAdam
"The [Eighth] Amendment... imposes duties on... officials, who must provide humane conditions of confinement; prison officials must ensure that inmates receive adequate food, clothing, shelter, and medical care, and must take reasonable measures to guarantee the safety of the inmates". Farmer v. Brennan , 511 U.S. 825, 833 (1994). "[U]nder 42 U.S.C. §1983, prison officials are liable for harm incurred by an inmate if the officials acted with deliberate indifference' to the safety of the inmate". Hayes v. New York City Department of Corrections , 84 F.3d 614, 620 (2d Cir. 1996). "An Eighth Amendment claim may also be asserted where prison officials deliberately disregard the unique needs of a disabled inmate." Carlson v. Parry, 2012 WL 1067866, *7 (W.D.N.Y. 2012) (Payson, M.J.).
"The test for deliberate indifference is twofold. First, the plaintiff must demonstrate that he is incarcerated under conditions posing a substantial risk of serious harm. Second, the plaintiff must demonstrate that the defendant prison officials possessed sufficient culpable intent.... The second prong of the deliberate indifference test, culpable intent, in turn, involves a two-tier inquiry. Specifically, a prison official has sufficient culpable intent if he has knowledge that an inmate faces a substantial risk of serious harm and he disregards that risk by failing to take reasonable measures to abate the harm." Hayes , 84 F.3d at 620-621. "[T]he subjective element of deliberate indifference entails something more than mere negligence... [but] something less than acts or omissions for the very purpose of causing harm or with knowledge that harm will result'". Hathaway v. Coughlin , 99 F.3d 550, 553 (2d Cir. 1996) ( quoting Farmer , 511 U.S. at 835). In order to prevail, plaintiff "is not required to show that [defendant] acted with the very purpose of causing harm, '... but must demonstrate that [defendant] knew of and disregarded an excessive risk to his health and safety". Carbonell v. Goord , 2000 WL 760751, *8 (S.D.N.Y. 2000).
Defendants argue that plaintiff fails to satisfy either the objective or the subjective prongs:
"Objectively, the challenged deprivation of walking a few steps through a metal detector coupled with the lack of significant injury fails to state a claim of constitutional significance. Subjectively, the undisputed facts show that Defendants lacked knowledge or awareness of a substantial risk of serious harm to Plaintiff's health or safety." Defendants' Memorandum of Law [81-2], p. 4.
Even assuming that plaintiff has raised a triable issue of fact concerning the objective prong, plaintiff has not raised a triable issue of fact indicating that defendant McAdam knew that he was placing plaintiff at substantial risk of serious harm by making him walk through the metal detector without his leg brace. Whereas plaintiff's allegation that he showed McAdam "all medical permits that state I wear a... leg brace and cannot walk without [it]" (Complaint [1], p. 5 of 66), was accepted as true for purposes of defendants' Rule 12 dismissal motion, at this stage, he must come forth with admissible evidence supporting his claim. The undisputed evidence now establishes that the medical permit (dated September 15, 2009 or February 25, 2010) plaintiff presented to McAdam indicated only that he was prescribed a leg brace. Plaintiff's deposition transcript [86-1], p. 62; McAdam Declaration [83], Exs. A and B. It did not identify plaintiff's medical issue, indicate that he was unable to walk without his leg brace, indicate that he was required to wear the brace at all times, or indicate that he was permitted to bypass metal detectors. Id.
Plaintiff's reliance on the March 4, 2010 encounter to establish that McAdam had knowledge that he was medically required to wear his leg brace at all times is also misplaced. Even if plaintiff was permitted to bypass the metal detector on March 4, 2010, as he alleges, there is no admissible evidence supporting that McAdam was present during this encounter.[2]
There is also no evidence that Five Points' medical staff made McAdam aware of plaintiff's inability to walk without his leg brace or need to wear it at all times. Plaintiff testified that Walawender and Nurse Slack had a meeting following the March 4, 2010 incident during which Nurse Slack informed Walawender that plaintiff was unable to walk without a leg brace. Plaintiff's deposition transcript [86-1], pp. 26-27. However, plaintiff concedes that McAdam was not present for this meeting. Defendants' Statement of Undisputed Material Facts [81-1], §26; Plaintiff's Revised Opposing Statement of Undisputed Material Facts [91], §Twenty-Sixth. While plaintiff also testified that Nurse Solotti "had already informed security" that he could not walk without the leg brace, he conceded that he was not present for these discussions (plaintiff's deposition transcript [86-1], p. 26) and has not offered any admissible evidence that this occurred.
The only admissible evidence plaintiff offers that McAdam was made aware of his restrictions is his own testimony that he advised McAdam that he could not walk without the leg brace. Plaintiff's deposition transcript [86-1], p. 24. However, even accepting that this occurred, it is undisputed that Five Points had a policy prohibiting inmates from bypassing metal detectors without presenting a medical permit specifically allowing them to do so, and that McAdam lacked authority to waive this requirement absent a direct order from a superior. Defendants' Statement of Undisputed Material Facts [81-1], §§15, 16, 18.[3] Any allegation by plaintiff that McAdam knew of his medical restrictions is also difficult to reconcile with the fact that he faults Walawender for failing to make McAdam aware of the March 4, 2010 incident and meeting. Defendants' Statement of Undisputed Material Facts [81-1], §29; Plaintiff's Revised Opposing Statement of Undisputed Material Facts [91], §Twenty-Ninth.
Even if McAdam lacked direct knowledge that plaintiff was unable to walk without the leg brace and was medically required to wear it at all times, he "may nevertheless be held liable under the Eighth Amendment if the risk was obvious and a reasonable prison official would have noticed it." Farmer , 511 U.S. at 842. However, knowing only that plaintiff wore a leg brace, the risk presented by having plaintiff remove the brace and travel a short distance through a medical detector was not objectively manifest. Compare with Carbonell v. Goord , 2000 WL 760751, *8 (S.D.N.Y. 2000) ("Carbonell's account, if credited, is sufficient to give rise to the inference that C.O. Simon was aware that he was placing Carbonell in serious danger by making him walk down steep stairs while on crutches, but proceeded anyway"); Carlson, 2012 WL 1067866 at *8 (where the plaintiff, an amputee, advised the defendant about his physical limitations and medical condition, "an issue of fact exists whether [the defendant] knew, and unreasonably disregarded the risk, that an assignment involving walking nearly a mile daily and performing manual labor would pose a substantial risk to Carlson's safety and health as an amputee"). At most, McAdam's conduct may have been negligent, but it did not rise to the level of deliberate indifference.[4] Therefore, I conclude that plaintiff's deliberate indifference claim be dismissed.
For these reasons, defendants' motion for summary judgment [81] is granted and the Clerk of the Court is directed to close this case.
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