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Note: Sample below may appear distorted but all corresponding word document files contain proper formattingExcerpt from Research Paper:
Integrate the Relevant Information Found Both In Organizations Today and in Research
Human resource management HRM is considered to be an integral part of any organization to make it run effectively and efficiently. Fundamentally, the principal objective of HRM is to upsurge the economic profitability from employees through making them organized in a productive, inventive and powered force (Price 2007, p.31).
HR function includes many activities like planning, recruitment and appraisal (Pulignano, 2010). But this paper will only focus on the employee relations, with certain details about conflict resolution. The objective of this paper is to familiarize the reader to the critical concerns in conflict management. To attain this objective, employees' relations will be highlighted from HR point-of-view, which will eventually reveal various levels of conflicts taking place in an organization. Different methods and disputes will be discussed which are adopted by HR managers to solve employee alterations. The role of trade unions in determining labor quagmires will also be highlighted. Moreover, there will be a case study based on hands-on evidence, in order to determine different techniques used by managers in two different countries. In the last, conclusion will reiterate various relentless issues of contemporary employee relations though the dimension of UK and Russia. This will discriminate between theory and practice.
HRM activities
Employee relations
Primarily, employee relations is about dealing with obviations along with solving disputes which involve individuals having influence of work conditions and situations (Gospel and Palmar 1993, p.3). The most significant fact is that that employee relation is different from industrial relation to the extent that there lays an inclination on straight communication with the labor and communication with the staff at individual level (Matthew et al., 2011). Matthew et al. (2011) on a general note argued that organization should have the capability to handle employees on both indivisual and representative basis.
Handling organizational conflict
This can be claimed that conflict might consume some of the precious HR resources which could focus more on other activities, including the crucial objective of the organization. Thus, conflict management is an organization is measured with certain rules and established procedures (Williams et al., 2011). There are two levels of conflict in an organization which are defined by Jozsef et al. (2010). The levels are collective level and the individual level. Collective conflict may result in provoked industrial actions like walk outs, overtime bans and go-slows while individual conflicts may cause subversive actions like truancy or high personnel turnover etc.
Conflict resolution: a theoretical framework
Techniques HR managers use for conflict management
There are numerous techniques for conflict management which can be implemented al at levels of an organization. Wilson (2007) is a strong advocate about adopting five methods to cope up with certain kinds of conflicts in the work place. The first technique is "straight speaking" which means that managers should encourage his staff to refrain from "beating the bush" and should direct about what they want to say. Second trick is about being a generous listener. Sincere listening involves listening to what others say without being judgmental about their flow of thought because prejudging may lead to negative misconceptions resulting in prejudice. Third concept is about "honoring agreements" which involves respecting internal and external views along with oral and non-oral. The other method is "making requests." This means that if any employee fails to fulfil any agreement he should be offered an alternative adjustment. The last approach is mentoring which should be adopted by HR. successful mentor system should be set up so that employee can learn the ropes and recognize the core practices of an organization.
Types of conflicts they manage
Leopold, Harris and Watson (2005, p. 410) considered that "conflict is a facet of cooperation and cooperation is a facet of conflict." In order to illustrate this outward paradox, different types of conflicts and their classification in different categories can be examined. Studies confirm that HR manager has to resolve specific conflicts in each kind of dispute. For instance, interpersonal conflicts are caused by lack of communication, personal irritations, jealousy, insulting each other or insults while Operations issues tend to happen during the assignment of work duties, scheduling vacations, sick leave, doing over time or work load. Discipline Conflicts may be caused by irregular attendance, use of drugs, theft, sleeping during work hours or violating policies. Sexual harassment occurs when someone offends or touch person of opposite sex. There may be bias attitude because of race difference. There may be some conflicts in pays and promotions and some might disagree with compensations, transfers, seniority and bumping rights. Quality of work, speed of performance, dependencies, responsibilities and scheduling may also cause some conflicts in work flow.
Role of trade unions in regulating employee disputes
According to Demirbas and Yukhanaev (2011) perspective, trade union pursues various methods including collective bargaining, individual representation or joint consultation in order to influence or control the structure of employee relations ship.
If any conflict between employer and employee tend to remain unresolved, employer can take measures against employees while the employees union may take action against their employer. Farnhan (200, p.7) argues that a union stables the power between management and working staff. In case, if any employer is a member of a trade union, the person has to inform the work place representative about the conflict before taking any formal action. The trade union will then further advice about best way to raise a complaint and also accompany an employee to the meetings. Employers who have recognition with trade unions write down different procedures to discuss with representatives collective complaints or other important issues which affect workplace or a part of it. Those written procedures are important and can be utilized to resolve emerging problems at an initial stage.
Conflict resolution: a comparative case study of UK and Russia
British approach to the employee relations
British employees were once popular for their constant industrial quarrels and strikes (Price, 2007). Hollinshead, Nicholls and Tailby (2003) point out that any worker in UK has a right to take industrial actions, but that worker must recognize certain legal and practical aftermath. However, Hardy and Kozek (2011) argue that withdrawal of trade unions result in worst people management. Certainly, trade unions force managers to do their duty.
UK businesses are badly influenced by poor management of workplace conflicts as told by impressive body of evidence (McHenry, 2008). It was also observed by McHenry (2008) that the average worker in UK spends more than two hours a week in dealing with conflicts. This causes the loss of more than 370 million working days a year which eventually costs British employers more than £24 billion." (p. 19).
Recent studies showed that British employees are more likely to feel unfavorable emotions due to conflicts. After a survey, 65% of British employees confessed to feel animosity and disappointment due to the disputes occurred at work. This tells that UK workers are not easily annoyed but once they are irritated, the emotional intensity extends considerably. In general, only 12% of workforce sees a conflict as a constructive occasion which makes them feel energized while 24% on average thought the same in other countries.22% of the employees are used to of conflicts. They prefer to suppress their emotions rather than finding a conflict resolution in a work place. But it was concluded that out of all the surveys being conducted in different countries, UK employees experiences least conflicts (as cited in McHenry, 2008).
Employee relations in Russia
Employee relations in Russia are regulated by the Labour Code. Alasheev (2005, p.11) enlightens that Labour Code offers a complete structure of labor's terms and conditions' regulation. It also extends extraordinary rights and protection to trade union while the collective agreements experience juridical status. Russia is proud about the fact that the legal regulation and the protection for labor is the most advanced development in the world.
The present labor code is very much employee directed and if there is any conflict, the court outweighs the code clauses over the individual labor contract and favors the employee.
Final body of the research shows that on one hand Russian HR manager could be less confidenttill the problem is exposed on the senior level while on the other hand managers have a right to take notice of conflict and seek its resolution (Alasheev, 2005, p.23). Russian managers are knowledgeable but they lack impartiality. If there is a conflict that pitted an employee against the organization or any member, Manager assists in information collection, decision making or in executing resolution.
Conflict in an organization can be either on personal or collective level but it depends on HR management that how they deal with such conflicts more effectively. Each manager has its own set of techniques to cope up with such conflicts. However, the types of conflicts a manager faces every day are different and diverse which may include workforce dilemmas, operational issues or interpersonal dilemmas. Trade unions should also be considered as they hold a…[continue]
"Human Resource Conflict Management And Employee Relations" (2014, March 31) Retrieved December 4, 2016, from http://www.paperdue.com/essay/human-resource-conflict-management-and-186435
"Human Resource Conflict Management And Employee Relations" 31 March 2014. Web.4 December. 2016. <http://www.paperdue.com/essay/human-resource-conflict-management-and-186435>
"Human Resource Conflict Management And Employee Relations", 31 March 2014, Accessed.4 December. 2016, http://www.paperdue.com/essay/human-resource-conflict-management-and-186435
To do this, her duties could be diversified, and her position modified in order to give her a greater sense of responsibility. One way to do this could be to appoint assistants whom Sue could train to handle her more elementary duties. She could then learn to assist some of the higher-level positions within the company and work her way towards a leadership position. In today's democratic and equal society,
Human Resources Management: Health Services Management Performance management is a critical aspect of any health care system. And this is true in the area of management of the organizations' human resources performance management as well. The objective of this work is to critically examine the importance of human resources performance management health care system. This work will endeavor to apply critical analysis and make comments and suggestions on improvement of the
Human Resources Book Review Phillips, Jack J. (1999) Accountability in Human Resources Management. New York: Butterworth-Heinemann In his text, Accountability in Human Resources Management, the human resources management analyst and guru Jack J. Phillips attempts to offer a new paradigm for human resource management to further both the future of American business organizations as well as the field of human resource management itself within organizations. Phillips states that human resource departments can
Employee Relations The field of employee relations encompasses the entire spectrum of the relationship between employing organisations and their employees. It rough chronological order, modern employee relations is a fully comprehensive process that includes the functions and responsibilities of recruitment, hiring, new-hire orientation, employment benefits management, promotion of organisational culture and ethical values, personnel management, change management, employee motivation, performance appraisal and review, career advancement, conflict resolution, policy enforcement, legal
Public Human Resources Management Challenges facing human resource management Human Resource Management is the element of the organization that deals with the human aspect of the organization. The business world today, is very competitive. Every organization must align its resources to the organizational goals and objectives. According to Gill (2009), the employees of an organization are part of its assets just as capital and technology. Proper utilization of human resource can account
Employee Relations Financial Crisis Managing Employee Relations in the Event of a Financial Crisis A Look into Management can Effectively Navigate through Adverse Conditions Austerity Protests (Dowling, 2012) Employee relations can often be a difficult aspect of maintaining the overall health of an organization. In general, employee relations often refer to the act of fostering productivity, motivation, and employee morale in an organizations human resources pool. However, there are some circumstances in which it
Analyze the appropriateness of HRM technologies and best practices to recommend applications and strategies for your selected organization, in order to improve organizational effectiveness, workforce productivity, and systems integration HRM technologies are essential towards reduction of the cost of operations as well as an increment in the level of consumer satisfaction hence effective management of the resources and available opportunities. Wal-Mart should focus on the quality and efficient automation of the


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Association boards must follow village ordinances
Q. Garbage is picked up in our single-family homeowners association on Friday. Week after week, the same few homeowners leave their empty garbage cans at the curb all weekend after the Friday pickup, and it is pretty unsightly. These owners suffer no impairment, and are simply lazy or arrogant. Our village does have an ordinance requiring garbage cans to be removed the evening of the garbage pickup, and our association documents prohibit an owner from doing anything that is in violation of law or ordinance. Does the association have any remedies? Read the Q&A………….
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Got a Call out from Brian, he was clearing away bush for a new road for a new client, he was adding diesel to the backhoe, he didn't really feel the ring slip off until he got home looked and it was gone, he knew right away he must have dropped it at that time, after looking up on the internet about lost rings theringfinders showed up he called me first, it was a long drive up about 1.5 hours, and only after 20 minutes we located it, so happy for brain and his wife, now he can tell his wife. thanks for letting me help
One Response to "I found another lost Ring in Parry Sound area, Ontario is filled with fall Colors yes Silver & Gold"
Hey Allan good to see my photo. I can't thank you enough for the time and travel you made to come find my wedding ring. You made that sick feelivggo away.You made me very happy thank you so much again.
Thanks again


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ATeamBooks Reviews and Ratings
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Coastal Plastic Surgery is pleased to now be offering CoolSculpting®. This non-invasive fat elimination procedure is an amazing answer for patients looking for the treatment of areas of stubborn fat that are resistant to diet and exercise. It's a technology that … Continue reading
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Playstation 2 Games
Paper Mode for Ghost ReconHome / Playstation 2 /
This page contains Ghost Recon Unlockables for Playstation 2 called "Paper Mode" and has been posted or updated on Feb 5, 2009 by darkwarrior.
Boxshot & Details
- Developer: Ubisoft
- Publisher: Ubisoft
- Genre: Action Shooter First-Person
- Release: Dec 1, 2002
- ESRB: Mature
Paper Mode
Complete M15 Red Square in Recon on Elite using only a sniper with the M24 and frags kit
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This is your resource to discuss support topics with your peers, and learn from each other.
We have configured our Blackberry Mobile Device Service to allow Kerberos authentication so users can access secured internally developed ASP.NET intranet applications on their Blackberry browser. The username and password authentication does not seem to be working correctly.
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Lyn Lake Chiropractic
Serving Minneapolis
2937 Lyndale Ave S
Minneapolis, MN 55408
Main (612) 879-8000
Business Hours
Monday: 8:30am - 6:00pm
Tuesday: 2:00pm - 6:00pm
Wednesday: 8:30am - 6:00pm
Thursday: 2:00pm - 6:00pm
Friday: 8:00am - 6:00pm
Saturday: Closed
Sunday: Closed
Payment Accepted
American Express, Cash, Check, Diners Club, Discover, Invoice, MasterCard, Visa
More about Lyn Lake ChiropracticChiropractic, minneapolis chiropractor, auto injury clinic, Specialize in whiplash injuries, Sports Injuries, neck pain, back pain.
Auto Accident Injuries
If you happen to be in an auto accident and have injuries from the auto accident, Lyn Lake Chiropractic specializes in treating Auto Injuries such as whiplash. Even if you are just sore, you should get checked out immediately because you may experience serious health problems many months down the road. We have everything you need to help you get started on the road to recovery.
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#1 Jan 27, 2012
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United States District Court, E.D. New York
September 26, 2014
MADELINE TORRES, Plaintiff,v.UNITED STATES OF AMERICA and LUTHERAN MEDICAL CENTER, Defendants.
NICHOLAS G. GARAUFIS, District Judge.
Before the court is Defendant United States of America's (the "Government" or "United States") motion to dismiss Plaintiff's Complaint pursuant to Federal Rule of Civil Procedure 12(b)(1). (Not. of Mot. to Dismiss (Dkt. 28).) Plaintiff Madeline Torres ("Plaintiff" or "Torres") brings this medical malpractice action against the United States and a non-federal defendant, the Lutheran Medical Center ("Lutheran"), pursuant to the Federal Tort Claims Act ("FTCA"), alleging that Defendants are liable for her treating physician's failure to timely diagnose and treat her ulcerative colitis, thereby resulting in grave and lasting injury to her person. The Government now moves to dismiss the Complaint as it relates to the United States on the grounds that the court lacks jurisdiction over Plaintiff's claim because she failed to timely exhaust her administrative remedies as required by the FTCA. Lutheran has not joined in the motion.
For the reasons set forth below, the Government's motion is GRANTED.
A. Factual Background
As the outcome of the Government's motion turns in large part on when Plaintiff's cause of action accrued under the FTCA, a fulsome recitation of Plaintiff's medical history and the treatment she received while in the care of Defendants is necessary for the court to render a decision.
On December 16, 2008, Plaintiff visited the Shore Road Family Health Center ("Shore Road") for an initial prenatal examination, which was performed by Dr. Irina Karban. (Mem. of Law in Supp. of Mot. to Dismiss ("Gov't Mot") (Dkt. 29) at 3; Gov't Ex. A (Dec. 16, 2008, Shore Road Record).)[1] An ultrasound performed that day showed Plaintiff to be nine weeks pregnant, and Dr. Karban ordered prenatal laboratory testing and started Plaintiff on prenatal vitamins. (Gov't Ex. B (Dec. 12, 2008, Narrative Summary).) Plaintiff was scheduled for a follow-up visit in four weeks' time. (Gov't Ex. A.)
At her follow-up visit with Dr. Karban at Shore Road on January 12, 2009, Torres was diagnosed with anemia. (Gov't Ex. B; Gov't Ex. D (Jan. 12, 2009, Shore Road Record).) Dr. Karban ordered additional bloodwork to be done relating to Plaintiff's anemia and told her to begin taking an iron supplement and Colace capsules, a stool softener. (Id.; Gov't Ex. B.) According to Dr. Karban's summary of her treatment of Plaintiff, she scheduled a follow-up visit for Torres for three weeks from that visit. (Id.)
On January 26, 2009, Plaintiff returned to Shore Road complaining of decreased appetite, constipation, abdominal pain, and at least one episode of rectal bleeding beginning one week prior to her visit. (Gov't Ex. B; Gov't Ex. E (Jan. 26, 2009, Shore Road Record).) In addition to Dr. Karban, Torres was examined by an internist, Dr. Polina Tavrovskaya. Additional laboratory testing was ordered and Plaintiff was transferred to Lutheran's Labor and Delivery ("L&D") department. (Gov't Ex. E; Gov't Ex. F (Jan. 26, 2009, Lutheran L&D Record).) Torres received intravenous fluids at Lutheran and was observed overnight. (Gov't Ex. G (Jan. 26, 2009, Lutheran Progress Notes).) During the night of February 26, Plaintiff complained of continued abdominal pain and suffered several bouts of vomiting (id.), though she was allowed to return home the next morning. (Id.; see also Gov't Mot. at 4.)
Two days later, on January 29, 2009, Plaintiff returned to Lutheran complaining of bloody diarrhea (approximately 10-15 episodes that day), which had been preceded by a period of decreased appetite and constipation. (Gov't Ex. H (Lutheran Discharge Summary).) She was thereafter admitted to the hospital and diagnosed with a lower gastrointestinal or "GI" bleed. ( Id. at 2.) The next day, January 30, 2009, Torres underwent further diagnostics and was found to have severe colitis, likely due to inflammatory bowel disease or ulcerative colitis, [2] and a biopsy was taken. (Id.) At approximately 1:00 a.m. on January 31, 2009, Torres' blood pressure reportedly dropped, she developed shortness of breath, and her heart rate spiked. ( Id. (reporting that Torres "became hypotensive, techypneic and tachycardic").) A Code RRT, or rapid response team, was called and the Lutheran staff administered cardiopulmonary resuscitation ("CPR"). (Id.; see also Gov't Mot. at 5; Pl. Opp'n at 2.) Plaintiff's doctors ordered a computed tomography ("CT") scan of Torres's chest, which showed large bilateral pulmonary embolisms. (Gov't Ex. H.) The same day, Torres underwent surgery to place a filter in her inferior vena cava to prevent additional pulmonary embolisms. (Gov't Ex. J (Jan. 31, 2009, OP Report).) Plaintiff was then moved to Lutheran's Medical ICU, where she would remain for the next three days. (Gov't Ex. H.) During that period she continued to suffer between 8-10 episodes of bloody stool per day and required at least three additional blood transfusions. (Id.)
The following day, February 1, 2009, a physician at Lutheran, Dr. Vishal Ghevariya, met with Plaintiff to discuss her diagnosis of ulcerative colitis, her prognosis, and the recommended treatment course, along with associated risks and benefits. (Gov't Ex. K (Feb. 1, 2009, Lutheran Progress Notes).) Among the treatment courses mentioned by Dr. Ghevariya was a surgical procedure called a colectomy, whereby a portion of the patient's colon is removed. (Id.; see also Gov't Mot. at 6 n.7.) According to Dr. Ghevariya's notes, Plaintiff's mother and fiance participated in the conversation and Plaintiff herself appeared to understand the conversation. (Id.)
On February 2, 2009, Plaintiff was transferred from Lutheran to Mt. Sinai Hospital for further treatment of her ulcerative colitis. (Gov't Ex. L (Mar. 18, 2009, Mt. Sinai Medical Record).) Though Plaintiff received no further treatment by Dr. Karban or any other Lutheran physician after this date, her treatment for ulcerative colitis continued. On February 4, 2009, Plaintiff underwent a combined colectomy and ileostomy to treat her condition. (Id.; Gov't Ex. M (Feb. 11, 2009, Mt. Sinai Surgical Report).) Two days later, on February 6, 2009, Plaintiff again underwent surgery to remove the blockages in her pulmonary arteries, and at the same time doctors removed a mass from the right ventricle of her heart and performed a valve repair. (Id.) She was taken off ventilation, or "extubated, " the following day, but was reintubated on February 14, 2009, as her condition continued to decline. (Gov't Ex. L.) On February 15, 2009, Ms. Torres went into cardiac arrest but doctors at Mt. Sinai were able to resuscitate her. (Id.) She was again taken off a respirator on February 21, 2009, and remained at Mt. Sinai until she was discharged to Mt. Sinai's inpatient rehabilitation facility on March 3, 2009. (Id.; Gov't Ex. N (Mar. 17, 2009, Mt. Sinai Rehab. Record).) Plaintiff remained in the care of the doctors at Mt. Sinai until she was ultimately discharged on March 17, 2009. (Id.)[3]
B. Procedural History
On February 25, 2011, Plaintiff filed suit against Dr. Karban, Lutheran, Shore Road, and several other parties in the Supreme Court of the State of New York, Kings County, asserting a claim of medical malpractice regarding her treatment by Defendants. See Torres v. Karban, Index No. 4476/2011 (N.Y. Sup Ct. filed Feb. 25, 2011) (Gov't Ex. S). The United States removed that action to this court on July 27, 2011, arguing that Dr. Karban and Shore Road were federally deemed employees acting within the scope of their employment during the events at issue. See Not. of Removal, Torres v. Karban, No. 11-CV-3632 (E.D.N.Y. July 27, 2011) ("Torres I") (Dkt. 1). On August 3, 2011, pursuant to a stipulation of dismissal, Plaintiff's claims against the United States were dismissed for failure to properly exhaust available administrative remedies as required by 28 U.S.C. § 2675. See Stip. of Dismissal, Torres I (E.D.N.Y. Aug. 3, 2011) (Dkt. 5).
On or about October 4, 2011, Plaintiff filed an administrative tort claim under the FTCA with the U.S. Department of Health and Human Services ("HHS"). (Gov't Ex. U (June 18, 2012, HHS Ltr.).) Plaintiff's administrative complaint was predicated on the assertion that Defendants "failed to timely diagnose and treat plaintiff's ulcerative colitis, " which allowed her condition to deteriorate to the point where she was required to undergo multiple invasive surgeries. (Gov't Ex. T (Administrative Compl.).) On June 18, 2012, HHS informed Plaintiff that it had denied her claim. (Gov't Ex. U.)
Finally, on December 5, 2012, Plaintiff filed the instant Complaint against the United States and Lutheran. (Compl. (Dkt. 1).)
"A case is properly dismissed for lack of subject matter jurisdiction under Rule 12(b)(1) when the district court lacks the statutory or constitutional power to adjudicate it." Makarova v. United States, 201 F.3d 110, 113 (2d Cir. 2000) (citing Fed.R.Civ.P. 12(b)(1)). While the party invoking the court's jurisdiction has the ultimate burden of proving such jurisdiction lies, see Malik v. Meissner, 82 F.3d 560, 562 (2d Cir. 1996); Makarova, 201 F.3d at 113, the court generally is required to accept the truth of all material factual allegations in the Complaint, see Atl. Mut. Ins. Co. v. Balfour Maclaine Int'l Ltd., 968 F.2d 196, 198 (2d Cir. 1992). In considering a motion to dismiss for lack of subject matter jurisdiction, however, the court may rely on evidence outside the pleadings, such as affidavits and documentary evidence. See Luckett v. Bure, 290 F.3d 493, 496-97 (2d Cir. 2002); Makarova, 2010 F.3d at 113; LeBlanc v. Cleveland, 198 F.3d 353, 356 (2d Cir. 1999) ("[W]here jurisdictional facts are placed in dispute, the court has the power and obligation to decide issues of fact by reference to evidence outside the pleadings, such as affidavits.").
The Government moves to dismiss Plaintiff's claim on the grounds that she failed to timely file her administrative complaint with HHS, and that her claim is thus time-barred. (Gov't Mot. at 5, 12-20.) The FTCA requires that a plaintiff exhaust all administrative remedies prior to filing suit in federal court. See 28 U.S.C. § 2675(a). Because the FTCA operates to waive the United States' sovereign immunity as to certain classes of tort claims, the exhaustion "requirement is jurisdictional and cannot be waived." Celestine v. Mt. Vernon Neighborhood Health Ctr., 403 F.3d 76, 80-82 (2d Cir. 2005); see also United States v. Kubrick, 444 U.S. 111, 117-18 (1979). To properly exhaust available administrative remedies under the FTCA, a plaintiff must submit her claim to the appropriate federal agency "within two years after the claim accrues." 28 U.S.C. § 2675(a); see also Millares Guiraldes de Tineo v. United States, 137 F.3d 715, 720 (2d Cir. 1998) (noting "the United States has not consented to be sued on a tort claim unless the claim was first presented to the appropriate federal agency... within two years after the claim accrued"); Urena v. Wolfson, No. 09-CV-1107 (KAM), 2010 WL 5057208, at *11 (E.D.N.Y. Dec. 6, 2010) ("[T]he FTCA provides a two-year statute of limitations for presenting an administrative claim against the United States.). For the purposes of this Memorandum and Order, the court will refer to this two-year period for presenting one's claim to the appropriate federal agency as a statute of limitations.[4]
Accordingly, because Plaintiff filed her state court action on February 25, 2011, by operation of the Westfall Act, 28 U.S.C. § 2679(d)(5)(B), [5] she will be deemed to have timely filed her administrative claim if her claim accrued on or after February 25, 2009. Should the court determine that Plaintiff's claim accrued before that date, the Government's motion must be granted unless equitable tolling is found to apply.
A. Date of Accrual
Though the United States' liability under the FTCA is governed by state law, "[f]ederal law determines the date that an FTCA claim accrues." A.Q.C. ex rel. Castillo v. United States, 656 F.3d 135, 139 (2d Cir. 2011). As a general matter, under the FTCA a tort claim accrues "at the time of injury." Kronisch v. United States, 150 F.3d 112, 121 (2d Cir. 1998); see also Barrett v. United States, 689 F.2d 324, 327 (2d Cir. 1982) ("It has generally been held that under the FTCA a tort claim accrues at the time of the plaintiff's injury."). However, courts have applied the so-called "diligence-discovery rule" of accrual when "a plaintiff would reasonably have had difficulty discerning the fact or cause of injury at the time it was inflicted.'" A.Q.C., 656 F.3d at 139-40 (quoting Kronisch, 150 F.3d at 121). Thus, particularly in medical malpractice cases, "accrual may be postponed until the plaintiff has or with reasonable diligence should have discovered the critical facts of both his injury and its cause." Kronisch, 150 F.3d at 121; see also Valdez ex rel. Donely v. United States, 518 F.3d 173, 177 (2d Cir. 2008); Williams v. United States, No. 03-CV-9909 (GEL), 2007 WL 951382, at *6 (S.D.N.Y. Mar. 22, 2007) (noting that a FTCA medical malpractice claim accrues "when plaintiff knows or should know, through the exercise of reasonable diligence, of the fact and cause of her injury, thereby giving rise to a duty to inquire"). This not an "exacting requirement, '" however, and a claim will be found to have accrued when the plaintiff knows, or should know, that "the injury suffered related in some way to the medical treatment... received." A.Q.C., 656 F.3d at 140 (quoting Kronisch, 150 F.3d at 121); Phillips v. Generations Family Health Ctr., 529 F.Appx. 14, 16 (2d Cir. 2013); see also A.Q.C., 656 F.3d at 142 ("[A] claim accrues when the plaintiff knows, or should know, enough to protect himself by seeking legal advice.'" (citation omitted)).[6]
In the present case, the Government contends that Plaintiff's medical malpractice claims accrued no later than February 1, 2009, the date on which Plaintiff was purportedly informed of her diagnosis by Dr. Ghevariya, a physician at Lutheran. (Gov't Mot. at 13-14.) They reason that "Plaintiff was aware of the injury at issue, to wit, the ulcerative colitis, no later than February 1, 2009, " and that neither Dr. Karban nor any other federally deemed employee was involved in her treatment following her transfer to Mt. Sinai the following day. ( Id. (emphasis in original).) For her part, Plaintiff protests that her cause of action did not accrue until April 2009, appearing to rely on affidavits she and her mother filed in opposition to the instant motion attesting to the fact that Plaintiff did not actually consider whether Dr. Karban had committed malpractice until that time. (See Pl. Opp'n at 9; see also Decl. of John T. Wisell, Exs. A & B (Dkt. 30).) Torres flatly denies being aware of her injury or its cause on or about February 1, 2009 - though she admits learning of her diagnosis, prognosis, and course of treatment on that date (Pl. Opp'n at 4) - and argues that her claim should not be found to have accrued during a period when her medical condition was so volatile (id. at 4-7). The court disagrees, and for the reasons set forth below concludes that Plaintiff's claim accrued no later than February 1, 2009.
First, it is apparent from Plaintiff's pleading and medical records that she was aware of the existence of her injury on or before February 1, 2009. Torres alleges that Dr. Karban's failure to diagnose or appreciate the severity of her ulcerative colitis at her January 26, 2009, examination, as well as Dr. Karban's resulting failure to initiate appropriate treatment on that date, caused Plaintiff physical harms she would not have otherwise sustained. (See Compl. ¶¶ 20, 22.) But the injury underlying this action is not, as the Government contends, the ulcerative colitis itself.[7] Rather, read in the light most favorable to the Plaintiff, the relevant injury is the progression of Plaintiff's condition during the six-day period between her January 26, 2009, visit to Dr. Karban and February 1, 2009, [8] as well as any deterioration in her medical condition or additional complications that resulted from the delayed diagnosis. See Williams v. United States, No. 03-CV-9909 (GEL), 2007 WL 951382 (S.D.N.Y. Mar. 22, 2007) (finding plaintiff's injury was not her cancer "but its growth' after the Bronx VA failed to diagnose it, " which caused further medical complications (brackets omitted)); Neuenswander v. United States, 422 F.Supp.2d 425, 433-34 (D. Vt. 2006) (accepting the parties' contention that in a failure to diagnose case the plaintiff's "injury is the deterioration of his medical condition").[9]
Torres plainly suffered a severe injury during the roughly six-day period during which her colitis went undiagnosed. From her release from the hospital on the morning of January 27, 2009, to her conversation with Dr. Ghevariya on February 1, 2009, Plaintiff experienced frequent and numerous bouts of bloody stool, she was diagnosed with both a GI bleed and bilateral pulmonary embolisms, she became "hypotensive, techypneic and tachycardic" and had to be resuscitated by the Lutheran physicians, and she underwent surgery to place an IVC filter. Thus, in the court's view, at the time of her discussion with Dr. Ghevariya on February 1, 2009, Plaintiff was aware that she had suffered serious injury. That Plaintiff was unaware of the full extent of the harm caused by Dr. Karban's purported failure to timely diagnose her colitis or of the fact that she would suffer further complications due to the same does not preclude the court from finding that her cause of action had accrued as of that date. See J.D. ex rel. Doe v. United States, No. 10-CV-4296 (DLC), 2011 WL 292010, at *8 (S.D.N.Y. Jan. 28, 2011), aff'd sub nom. Dominguez ex rel. Dominguez v. United States, 468 F.Appx. 23 (2d Cir. 2012) ("[P]laintiff need not know each and every relevant fact of his injury or even that the injury implicates a cognizable legal claim' for his claim to accrue."); Mendez v. United States, 655 F.Supp. 701, 705 (S.D.N.Y. 1987) ("To be aware of an injury [for purposes of determining accrual under the FTCA], plaintiff need not know the full extent of his or her injury.'" (citation omitted)); cf. Wallace v. Kato, 549 U.S. 384, 391 (2007) ("The cause of action accrues even though the full extent of the injury is not then known or predictable.").[10]
Second, following her conversation with Dr. Ghevariya on February 1, 2009, Plaintiff possessed the critical facts concerning the cause of her injury. Torres insists, however, that her claim did not accrue until April 2009 because that was when she first became aware that her medical issues from earlier in the year might have been caused by malpractice. (See Pl. Opp'n at 8-9.) But Plaintiff's subjective realization that her injury might be related to Dr. Karban's treatment in January 2009 does not control the court's inquiry regarding accrual. The diligence-discovery rule asks only whether Plaintiff has or with the exercise of reasonable diligence should have "discovered the critical facts of both [her] injury and its cause, " such that she knew enough "to protect [herself] by seeking legal advice." Kronisch, 150 F.3d at 120-21 (internal citation omitted); see also A.Q.C. ex rel. Castillo v. United States, 715 F.Supp.2d 452, 458 (S.D.N.Y. 2010) aff'd, 656 F.3d 135 (2d Cir. 2011) ("Discovery of the critical facts' of injury and causation requires knowledge of, or knowledge that could lead to, the basic facts of the injury, i.e., knowledge of the injury's existence and knowledge of its cause or of the person or entity that inflicted it.'" (citation omitted)); Williams, 2007 WL 951382, at *6 ("[T]he relevant inquiry is not when plaintiff actually knew, but when she should have known, that Bronx VA had failed to diagnose her cancer.").
Here, the court concludes that the "critical facts" regarding the cause of Torres' injury were readily discernable and, in fact, already known to Plaintiff on or before February 1, 2009. Following her discussion with Dr. Ghevariya on that date, Plaintiff knew that she had visited Dr. Karban at Shore Road on January 26, 2009, complaining of decreased appetite, constipation, abdominal pain, and at least one episode of rectal bleeding; that following her release from Shore Road on the morning of January 27 her condition drastically deteriorated requiring further hospitalization and surgeries; and, upon learning that she suffered from ulcerative colitis, that Dr. Karban had failed to reach a similar diagnosis six days earlier. These are the same critical facts from which Plaintiff would ultimately infer the cause of her injury. Indeed, nothing in the Complaint or Plaintiff's opposition papers indicates that Torres acquired any additional information concerning the alleged connection between her injury and Dr. Karban's treatment after February 1, 2009. (See, e.g., Decl. of John T. Wisell, Ex. A ("Pl. Aff.") at 2-3.) Considering the temporal proximity of her visit to Dr. Karban and her ultimate diagnosis on February 1, together with the similarity of symptoms that first brought Plaintiff to Dr. Karban on January 26 and that led to her ultimate diagnosis six days later, the court concludes that Plaintiff either knew or reasonably should have known the critical facts concerning the cause of her alleged injury - i.e., that it related to the medical treatment she received from Dr. Karban, or more precisely, the lack thereof.[11]
Plaintiff's arguments to the contrary are unavailing. Torres contends that her cause of action should not be found to have accrued on February 1 because Dr. Ghevariya did not expressly relate her diagnosis "back to medical treatment rendered by Dr. Karban or Dr. Karban's malpractice in failing to diagnose her condition." (Pl. Opp'n at 4-5 ("There is simply no evidence that plaintiff was advised, or had any idea, that Dr. Karban's malpractice resulted in her present medical condition.").) As an initial matter, the law does not require Plaintiff to have been expressly told of the potential link between her injury and the purported malpractice for her cause of action to accrue. See A.Q.C., 656 F.3d at 143 (the "key" to determining accrual "is identifying the time by which the plaintiff is told of or has reason to suspect' that the injury suffered related in some way to the medical treatment... received.'" (citing Valdez, 518 F.3d at 177, 180)); J.D., 2011 WL 292010, at *8 ("[P]laintiff's claim accrues once he has an obligation to seek information about whether the harm he suffered may relate to the medical treatment he received. A mere hunch, hint, suspicion, or rumor of a claim' may not be enough, but such suspicions do give rise to a duty to inquire into the possible existence of a claim in the exercise of due diligence.'" (citation omitted)). Moreover, Plaintiff herself acknowledges that none of her physicians at Shore Road, Lutheran, or Mt. Sinai ever suggested any wrongdoing by Dr. Karban (Pl. Aff. at 2-3); she arrived at the conclusion that the deterioration in her medical condition was attributable to Dr. Karban's failure to timely diagnose her colitis entirely on her own, and on the basis of the same facts she possessed on February 1, 2009.
* * *
For the foregoing reasons, the court finds that Plaintiff possessed the critical facts concerning both her injury and its cause on or before February 1, 2009, and that her medical malpractice claim accordingly accrued on or before that date. Plaintiff did not file her administrative claim until February 25, 2011, outside the two-year period provided by 28 U.S.C. § 2675(a). Therefore, unless equitable tolling is found to apply, Plaintiff has failed to properly exhaust her administrative remedies and her claims under the FTCA must be dismissed for want of subject matter jurisdiction.
B. Equitable Tolling
In the event the court found Plaintiff's cause of action to have accrued before February 25, 2009, which it has, Plaintiff requests that the court equitably toll the FTCA's two-year limitations period from February 1 to March 19, 2009. (See Pl. Opp'n at 10.) Torres argues that her "dire medical condition justifiably triggers the equitable toll for when the claim accrues until the disability was lifted... on March 19, 2009, " the date she was released from Mt. Sinai. (Id.) Thus, Plaintiff effectively asks that the court excuse her failure to timely present her administrative claim to HHS on account of her medical condition during the first 45 days of the limitations period.[12] (See Pl. Opp'n at 10.) The Government opposes equitable tolling, arguing that Plaintiff has not established that she was diligent in pursuing her claim during the two-year period following accrual of her cause of action. (Gov't Mot. at 16-20; Gov't Reply at 8-10.) The court agrees, and for the following reasons declines to equitably toll the FTCA's two-year limitations period in this case.[13]
Equitable tolling "allows courts to extend the statute of limitations beyond the time of expiration as necessary to avoid inequitable circumstances." Johnson v. Nyack Hosp., 86 F.3d 8, 12 (2d Cir. 1996). However, because "statutes of limitations protect important social interests in certainty, accuracy, and repose, '... equitable tolling is considered a drastic remedy applicable only in rare and exceptional circumstance[s]." A.Q.C., 656 F.3d at 144 (citations omitted); Zerilli-Edelglass v. N.Y.C. Transit Auth., 333 F.3d 74, 80 (2d Cir. 2003) (noting equitable tolling is appropriate only "in rare and exceptional circumstances in which a party is prevented in some extraordinary way from exercising his rights" (internal quotation marks, alterations, and citation omitted)). As such, to invoke equitable tolling Plaintiff bears the burden to establish (1) "that extraordinary circumstances prevented him from filing his claim on time, " and (2) "that he acted with reasonable diligence throughout the period he seeks to toll." Phillips v. Generations Family Health Ctr., 723 F.3d 144, 150 (2d Cir. 2013) (internal quotation marks and brackets omitted); see also Chapman v. Choice-Care Long Island Term Disability Plan, 288 F.3d 506, 512 (2d Cir. 2002) (noting burden lies with the party invoking the doctrine). Moreover, where the "extraordinary circumstances" relied on by the party seeking the equitable toll cease early in the limitations period - as is the case here, where Plaintiff seeks to toll only the period from February 1 to March 19, 2009 - the court must inquire into whether the plaintiff "diligently pursued his [claim] in the time remaining." Hizbullahankhamon v. Walker, 255 F.3d 65, 75 (2d Cir. 2001).
Plaintiff has not established that "rare and exceptional circumstances" justify tolling the FTCA's two-year limitations period for the requested 45 days. Even if Torres's medical condition between February 1 and March 19, 2009, demonstrated the existence of "extraordinary circumstances, " see, e.g., Harper v. Ercole, 648 F.3d 132, 137 (2d Cir. 2011) ("We conclude that hospitalization may demonstrate extraordinary circumstances... depending on the facts presented."), she offers no argument or evidence to suggest that she or her counsel exercised any diligence, much less reasonable diligence, throughout the period she seeks to toll. See Nyack, 66 F.3d at 12. As explained by the Second Circuit, a plaintiff seeking equitable tolling must "demonstrate a causal relationship between the extraordinary circumstances on which the claim for equitable tolling rests and the lateness of his filing, a demonstration that cannot be made if the petitioner, acting with reasonable diligence, could have filed on time notwithstanding the extraordinary circumstances." Valverde v. Stinson, 224 F.3d 129, 134 (2d Cir. 2000); Harper, 648 F.3d at 137 (a party invoking equitable tolling must "demonstrate that [the extraordinary] circumstances caused him to miss the original filing deadline"); A.Q.C., 715 F.Supp.2d at 461. This burden has not been discharged here.
Plaintiff seeks to toll a 45-day period immediately following accrual of her cause of action. Yet Torres offers no explanation as to why her medical condition between February 1 and March 19, 2009, rendered her unable to present her administrative claim during the 22.5 months remaining under the FTCA's limitations period. See Hizbullahankhamon, 255 F.3d at 75; Viti v. Guardian Life Ins. Co. of Am., No. 10-CV-2908 (ALC), 2013 WL 6500515, at *21 (S.D.N.Y. Dec. 11, 2013); Coleman v. Arpaio, No. 09-CV-5689 (KAM), 2010 WL 88064, at *2 (E.D.N.Y. Jan. 7, 2010). Indeed, neither Plaintiff's Complaint nor her opposition to the instant motion contain any indication that she or her counsel diligently pursued her claims during the balance of the limitations period;[14] nor can the court find any evidence of an impediment after March 19, 2009, that might justify relief from the FTCA's limitations bar. Given the fact that the extraordinary circumstances cited by Plaintiff occurred early in the limitations period and were of limited duration, the court cannot plausibly conclude that but for her medical condition between February 1 and March 19, 2009, she would have filed her administrative claim within the two-year limitations period. See, e.g., Hizbullahankhamon, 255 F.3d at 76 (affirming district court's decision not to equitably toll one-year limitations period where the party sought to toll only the first 22-days).
Thus, having concluded that Plaintiff has not established that she acted with reasonable diligence throughout the period she seeks to toll, or relatedly that her medical condition caused the lateness of her filing, the court declines to equitably toll the FTCA's two-year limitations period in this case.
For the foregoing reasons, the Government's motion is GRANTED and Plaintiff's claims against the United States are DISMISSED WITH PREJUDICE.
With regard to Lutheran, who did not join in the instant motion, Plaintiff does not contest the Government's representation that Lutheran Medical Center is not a federally deemed employee of the Public Health Service. (See Gov't Mot. at 9-10 (citing 42 U.S.C. § 233(g)(1)(A).) See also Rodriguez v. United States, No. 01-CV-4975 (ILG), 2001 WL 1590516 (E.D.N.Y. Nov. 3, 2001) (recognizing Lutheran Medical Center not to be amenable to suit under the FTCA). Nor does she rebut the Government's assertions that at all times relevant to this case Dr. Karban was employed by and Shore Road was operated by the Sunset Park Family Health Center, not Lutheran. (See Gov't Mot. at 10; see also Gov't Ex. R (Karban Decl.).) Lutheran therefore does not appear to be amenable to suit under the FTCA; and even if it were, Plaintiff's claims would fail for the same reasons outlined in this opinion. As Plaintiff's Complaint does not appear to assert any claims outside the FTCA, the court does not see why Plaintiff's malpractice claim against Lutheran can or should remain in federal court. To the extent Plaintiff intended to assert pendant state law malpractice claims, there also does not appear to be any grounds for federal jurisdiction.
As such, Plaintiff is hereby ORDERED TO SHOW CAUSE by letter, within thirty (30) days from entry of this Memorandum and Order, as to why her FTCA claim against Lutheran Medical Center should not be dismissed for the reasons just outlined.
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Discussion in 'AV Receivers & Amplifiers' started by coxy, Jan 29, 2003.
Does speaker cable have to be the same length to both speakers???? and if not why?
thanks !
That is a question of timing, in order to make the sound arrive at the same time to both speakers... The longer the cables, the bigger the delay, but if they are of the same lenght, they will have the same delay and the sound will arrive at the same time. I have both of the same length, but I actually don't know how big the difference can be, let's say, in msec/meter... I will do some search in the web, I have been always curious about that. So, if that number is rather small, it doesn't matter unless you have very long cables, and in that case you will have more problems because of signal damping...
I know I am not actually answering, but give me time to search!
Methinks this has more to do with electrical characteristics than 'timing'.
Rubbish. The speed at which an electrical signal passes through a wire is many hundreds of thousands of times faster than the speed of sound through air. That means that a length of cable tens of metres long would make the same difference to the timing as moving the speaker by a distance of a tenth of a millimetre.
The issue with cable length (in so far as there is one) has to do with impedance. (I'm carefully not saying "resistance"). If you have one very long cable and one very short one then the long cable will have a higher impedance. This means a) that speaker will be slightly quieter, and b) as the impedance of the speaker varies across the frequency spectrum the fraction of the total impedance accounted for by the cable won't be the same in both channels, so there will be a slight difference in the frequency response profile between the two speakers.
If you are one of those people who believes that very expensive speaker cable sounds much better than 10-gauge multi-core copper wire, then it would be logical to also believe that whatever influence the cable is having on the sound will be more significant in a long cable than in a short one. For example if the cable somehow contrives to make the sound "bright" then a longer length of cable might exaggerate this effect. Again, this would lead to slight differences between the speakers.
So in practice it is a good idea (at least in theory) to keep the two cables the same length. But in practice it may not matter that much, so long as you aren't using ultra-cheap, thin cable and very long runs. By the time you get up to something like Maplin's 69p per metre cable I doubt you'd hear any difference at all between a two metre run and a three metre run.
Thank you, Nicolas B. But better read the whole thing I said, before... I think I included what you said, didn't I? Although I didn't give a so lenghty explanation. Both effects occur, what I didn't know, but now thank to you I do, was which effect is dominant.
i challenge anyone here (get it?!) to hear the difference between a 2m and a 3.5m length of chord oddysey cable that i use, cos i can't!
are you sure its not what dealers say to make you spend more on cable? there will be scientific prrof that tells you that a longer length will not sound as good as a shorter length, but can you actually HEAR the difference rather than measure it? thats my view anyway!
Back in my student days I did at one time set up a pair of speakers where one cable was about 3 metres and the other about 15 metres because I happened to have one made up with the right plugs on. This caused the speaker on the long cable to be much quieter than the other - had to turn the balance control from twelve o'clock to three o'clock to compensate. But this was a pretty extreme case using incredibly cheap, thin cable.
This is true, but exactly the same scientific theory "proves" that you can't hear the difference between your Chord Odyssey cable (at about £17 per metre) and Maplin's 69 pence per metre stuff under most circumstances. Are you happy with that assessment?
i am happy with that, although the cheapo stuff would be a copper strand wheras the chord is a silver strand so it wouldn't be a fair comparsion. i'm just trying to say that if the two lengths of cable were of a similar length, say within 2m of each other, it would be very difficult to hear a differnce. and anyway, with the excess length of cable left over, it would have to be tidied up, usually coiled, which would cancel out the plan anyway! thats enough rambling from me anyway! i know i'm right and thats all there is to it
It would be entirely fair. Silver has a lower resistance than copper, but all that means is that for a copper cable to have the same resistance as a silver one, the copper has to be thicker. Or, to look at it the other way, silver wires can be thinner than copper ones without raising the resistance.
So long as you're talking about speakers whose impedance doesn't drop much below, say, 3 ohms and runs of cable that are less than, say, 5 metres long the difference in impedance between Maplin's 69p stuff and your Odyssey cables can't be audible. Unless you think the cables are defying physical laws, which you clearly don't.
Yay, a good ol' fashioned Cablefight
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Yearbook of Intensive Care and Emergency Medicine 2006Springer Berlin Heidelberg 2006; US$ 114.04
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Inspired by the ever changing skies and the subtle layers visible in the landscape, as well as by a poem that I love called 'The Bright Field' by *R.S. Thomas. (see below)
Where I live on the edge of the Lincolnshire Wolds it is possible to see for many miles over the flatter land south towards Boston and west towards Lincoln.
Painted in acrylic washes on natural canvas board, using Winsor & Newton Professional paints. I've deliberately kept a loose feel to the image and allowed for the unprimed canvas to show through the paint.
It is signed and dated on the reverse of the board (see photograph).
Framed in simple wood frame, wrapped in acid-free tissue; sent by tracked delivery.
Please note that the 'framed' photo is a CGI as to how it will look, as is the photo on my mantlepiece.
Sent by tracked delivery.
Here is the poem:
I have seen the sun break through
to illuminate a small field for a while,
and gone my way and forgotten it.
But that was the pearl of great price,
the one field that had treasure in it.
I realise now that I must give all that I have
to possess it.
Life is not hurrying on to a receding future,
nor hankering after an imagined past.
It is the turning aside like Moses
to the miracle of the lit bush,
to a brightness that seemed as transitory as your youth
once, but is the eternity that awaits you."
canvas, acrylic
Acrylic painting by Phyllis Mahon
Watercolourby Phyllis Mahon
Mixed Media paintingby Phyllis Mahon
Acrylic paintingby Phyllis Mahon
Acrylic paintingby Phyllis Mahon


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Adobe Creative Suite 2 Seminar sessions
Mark Peters : May 26th 2005 - 21:30 CET
Adobe Creative Suite 2 Seminar sessions :
To celebrate the launch of its new Creative Suite 2, Adobe will be holding a series of seminar sessions in June 2005. The new CS2 software includes a number of enhancements and additions which will be fully explored in the sessions. The seminars are aimed at creative professionals wanting to achieve improved results across print, web and mobile publishing. Each session will explore Adobe Illustrator CS2, InDesign CS2, Photoshop CS2, GoLive CS2, Acrobat 7.0 Professional and Version Cue CS2. The seminars will also focus on the new Adobe Bridge visual file browser as well as Adobe Stock Photos, the new way to search and buy stock imagery.
Adobe Creative Suite 2
Adobe Creative Suite 2 accelerates design and publishing workflows, for print, the Web and the latest generation of handheld devices. It also provides access to Adobe Stock Photos, a new stock photography service that offers one-stop shopping for high-quality, royalty-free images for layout and design. "Through the work in design, advertising and publishing our customers change the way the world looks everyday," said Shantanu Narayen, president and chief operating officer at Adobe.
Seminar sessions for Creative Suite 2
Sessions will run for three hours and will cover each of the full new versions of Adobe's professional tools that make up Creative Suite 2. An early evening Photoshop CS2 session will also take place at each of the venues starting at 5pm for two hours. Identical sessions about the Creative Suite 2 will run at each of the following venues in the morning and afternoon and will be presented by Chris Kitchener and Terry Steeley:
• Tuesday 7th June - Birmingham - The International Centre Telford
• Thursday 9th June - Manchester - Radisson Edwardian Manchester
• Tuesday 14th June - Glasgow - Glasgow Marriott Hotel
• Thursday 16th June - Dublin - The Davenport Hotel
About Adobe
Adobe helps people and organizations communicate better through its world-leading digital imaging, design, and document technology platforms for consumers, creative professionals, and enterprises. Adobe's platform-driven approach is focused on providing complete and innovative solutions for each of its customer segments. Adobe's solutions for enterprises, based on the Adobe Intelligent Document Platform, help organizations connect documents, people, and processes. Underlying these solutions is Adobe Portable Document Format (PDF) technology. Adobe PDF and the widely available Adobe Reader software are the de facto standard for interactive viewing and sharing of documents and other content across computers and systems, regardless of platform or device. Adobe's solutions for creative professionals, including Adobe Creative Suite software, provide a complete design environment for print and Web publishing. Adobe is also a leader among digital video creative professionals with the products in the Adobe Video Collection. These tools combine creative control with the ability to deliver professional results for film, video, DVD, and the Web.
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Having unwanted fat in various locations of your body can have a considerable influence on your health and self-esteem. While conventional weight reduction through workout and diet plan is a fantastic way to reduce weight in general, even the best workouts can't target issue areas like the tummy, inner thighs, arms, and butts. Liposuction is a time evaluated treatment that is utilized to remove excess fat from specific areas of the body, permitting an individual to shape and contour their body to their liking. Is liposuction right for you? Discover now.
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July 9, 2008
JAMES KNIGHT, PLAINTIFF,v.NATIONAL DEBT COLLECTORS, INC., DEFENDANT.
This case involves a putative class action claim of a violation of the Fair Debt Collection Practices Act ("FDCPA"), codified at 15 U.S.C. §§ 1692 et seq. The parties entered into a civil case management plan on October 12, 2007. On October 16, 2007, plaintiff James Knight filed a motion for judgment on the pleadings, pursuant to Fed. R. Civ. P. Rule 12(c), against defendant National Debt Collectors, Inc. On November 30, 2007, defendant's president, Anthony M. Wilger, faxed a letter to this Court, requesting an extension of time to respond to the pending motion and plaintiff's discovery requests. The letter indicated that defendant was not currently represented by an attorney. On December 3, 2007, I denied the request for the extension and ordered defendant to retain a licensed attorney admitted to practice before the Court. Since then, neither plaintiff nor the Court has received any correspondence from defendant, and phone calls to the last known number indicate that the number has been disconnected. Defendant has failed to either oppose the motion or file an answer to the Complaint. Accordingly, I find that defendant is in default, pursuant to Fed. R. Civ. P. Rule 55(a).
The following relief is granted: 1) The debt is cancelled; 2) There being no damages proven, no compensatory damages will be awarded, and 3) defendant is ordered to pay plaintiff $1,000 in statutory damages, pursuant to 15 U.S.C. § 1692k(a)(2)(A). Since plaintiff's case has now been resolved, all class allegations are stricken. Should plaintiff seek attorney's fees, he is directed to provide the Court with the number of hours and rate for the work performed, pursuant to 15 U.S.C. § 1692k(a)(3), by July 31, 2008. The Clerk shall mark the case closed.
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text: On 12/19/05, Maria <malyn87@xxxxxxxxxxxxx> wrote: > Hello Mary, > Just like you suggested, I had something checked in the WMP that shouldn't > have been. Repeat was checked in the play list. Believe me, I have no idea > how that happened. I showed Lynne and she showed me how to uncheck it, > because you can't space there to uncheck; you have to enter. > > What would I do without Lynne and you guys??? > > thanks again. > > Maria > > > ----- Original Message ----- > From: Mary Emerson > To: blindcooltech@xxxxxxxxxxxxx > Sent: Sunday, December 18, 2005 10:33 PM > Subject: [bct] Re: Help please > > > Maria, > > I've been getting two copies of your messages in the past day or two; as > you said, this seems to have just started. I hope you can get your media > player problems figured out. I had it happen in Winamp and there was a check > box inside Winamp that controlled what got lined up to be played; you might > want to see if you've got a play list enabled or something. Then turn that > off. > > Mary > >