text:
By Kamren Curiel | 05/02/2013 - 15:43
May is National Bike Month, which means ditching those cars (at least on the weekends) and stepping into greener modes of transportation. Not only will you spare the air and save some serious bucks, but you'll get a kick-ass workout too. With events across the country, including Bike to School Day on May 8 and Bike to Work Week May 13-17, it's easy to take part in a great cause. Here are 12 Latino celebs that prefer two wheels.
Read more
By Sugey Palomares | 05/01/2013 - 12:27
Jennifer Lopez is set to "Dance Again" on the American Idol stage! The Boricua pop star and former judge will return for a finale performance next month, an exclusive source told E! News. While we would love for J.Lo to shake her famous curvas on the show, her camp has not confirmed reports as of yet.
Read more
By Amaris Castillo | 04/29/2013 - 11:33
Jennifer Lopez probably knew the day would come when this kind of thing would happen. The Boricua superstar recently shared details about her son Max needing stitches with People.
"I hear that all little boys have a scar on their chin," the 43-year-old mom of 5-year-old twins told the magazine of the recent incident. "Of course, I was freaking out, but he was fine. He said it tickled."
They do say boys will be boys.
Read more
By Sugey Palomares | 04/25/2013 - 10:04
Jennifer Lopez knows how to keep it in the family. The Boricua pop star recently revealed that her new ABC show, The Fosters, which focuses on the life of a lesbian couple in a diverse household, was inspired by her aunt who passed away from cancer.
Read more
By Sugey Palomares | 04/24/2013 - 09:47
With American Idol ratings dropping steadily, reportedly the show's producers and Fox executives were figuring out a plan to replace Mariah Carey with J.Lo during mid-season. According to The Hollywood Reporter, sources confirm that producers were in negotiation to bring Lopez back this season, but Carey responded by threatening to take legal action.
Read more
By Sugey Palomares | 04/10/2013 - 12:09
The ballroom was shining for Jennifer Lopez and Andrea Bocelli on last night's Dancing With The Stars elimination episode. The duo joined forces for their remake of the classic track, "Quizas Quizas Quizas," which is a part of the Italian tenor's new album, Passione.
Read more
By Amaris Castillo | 04/01/2013 - 15:34
Jennifer Lopez is pregnant with triplets! We're thrilled that the Boricua superstar, who is already mami to 5-year-old twins Max and Emme, is expecting again.
Read more
By Sugey Palomares | 03/08/2013 - 10:30
Happy Friday chisme lovers! Grab your café con leche and take a break with us!
Read more
By Kamren Curiel | 03/01/2013 - 16:45
Mexican singer Thalia and Puerto Rican superstar Jennifer Lopez are both in the running to play Gloria Estefan in a Broadway musical based on the Estefan's.
According to TV Notas, Gloria and Emilio Estefan want Thalia to be offered the role in the musical set to be called "Do That Conga."
Read more
By Sugey Palomares | 02/20/2013 - 09:30
Good morning chismosos! Grab your café and find out what we are buzzing about below:
Read more
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filed: December 4, 1987.
ROBERT J. MCLAUGHLIN, APPELLANT,v.GWYNEDD PIKE ASSOCIATES AND TELFORD INDUSTRIAL DEVELOPMENT AUTHORITY, APPELLEES
Appeal from the Order of the court of Common Pleas of Montgomery County, Civil at No. 85-04099.
Jack J. Hetherington, New Britain, for appellant.
Paul J. Mayewski, Spring House, for appellees.
Montemuro, Popovich and Cercone, JJ.
[ 368 Pa. Super. Page 359]
This is an appeal challenging an order of the Montgomery County Court of Common Pleas sustaining preliminary objections in the nature of a motion to strike for failure to state a cause of action and thereby dismissing appellant's mechanics' lien claim and complaint in action upon that lien. We affirm.
This action arises out of a construction project. Appellee Telford Industrial Development Authority is the legal owner of the shopping center involved in the construction project. Appellee Gwynedd Pike Associates ("Gwynedd"), by virtue of an installment sales agreement, is the equitable owner of the shopping center. The P.C.M. Group, Inc.
[ 368 Pa. Super. Page 360]
("P.C.M.") served as general contractor for the project and contracted directly with Gwynedd. Appellant Robert J. McLaughlin subcontracted with P.C.M. for the drywall construction. In the contract between appellant and P.C.M., appellant expressly waived his right to file any liens against the shopping center premises.*fn1
In spite of the waiver of liens provision in the contract, on February 6, 1985, appellant gave written notice to Gwynedd of his intention to file a mechanics' lien claim in the amount of $23,313.00 representing the sum allegedly owed to him for work completed on the construction project. See 49 P.S. § 1501(b). Appellant then filed a Mechanics' Lien Claim upon the owners of the property followed by a Complaint in Action Upon Mechanics' Lien. In the claim, appellant asserted that he had performed his obligations under the contract with P.C.M. but that payment was still due. The trial court dismissed his complaint, finding that "while a breach by the appellees certainly may give rise to a breach of contract action . . ., such a breach of contract does not affect the validity of the subcontractor's waiver of the right to file a mechanics' lien." Trial Court Opinion at 6-7 (footnote omitted).
[ 368 Pa. Super. Page 361]
Appellant argued in the trial court, as he does on appeal, that the contractual waiver of his right to file a mechanics' lien was not binding on him because appellees allegedly failed to adhere to their contractual obligations under the agreement between appellant and appellees, thus releasing him from any obligations that he had. The trial court disagreed with that contention, as do we.
The courts of this Commonwealth have held that where a contractor executes a valid waiver of its right to file a mechanics' lien, the validity of the waiver is not affected by the owner's breach of contract, as long as the contractor's promise is separate from and independent of the owner's promise.
In Long v. Caffrey, 93 Pa. 526 (1880), our Supreme Court enforced a waiver of liens provision contained in a written agreement between plaintiff and defendant despite defendant's breach of contract. According to the terms of the agreement, plaintiff promised to build a house for defendant, and defendant promised to make installment payments to plaintiff. The agreement also required that defendant insure the house upon completion and assign the policy to plaintiff as collateral security for the final installment payment. Notwithstanding the waiver of liens provision, plaintiff filed a mechanics' lien when defendant failed both to pay him completely and to insure the house. Plaintiff argued that defendant's promise both to pay and to insure the building and plaintiff's promise not to file any liens were dependent covenants and that upon defendant's default the plaintiff could file a lien despite the waiver. The supreme court rejected the argument and enforced the waiver of liens provision, finding that "[t]he different parts of the contract are separate and independent covenants," id. at 528.
In S.G. Purvis & Co. v. Assigned Estate of Agnes T. Brumbaugh, 8 Pa. Super. 292 (1898), this Court found Long, supra, dispositive when it enforced a waiver of liens provision against appellant-subcontractor even though the building owner had failed to make complete payment to
[ 368 Pa. Super. Page 362]
appellant. The court rejected appellant's argument that the waiver of liens provision was dependent upon the owner's performance of his promise to pay. See also Formigli Corporation v. Fox, 348 F.Supp. 629, 644 (E.D.Pa.1972) (court found that the validity of a waiver provision was not affected by the owner's breach of contract in failing to make complete payment to subcontractor).
In the case now before us, the appellant-subcontractor executed a valid waiver of liens provision.*fn2 The contract also provided that appellant would be paid "(a) 90% of the value of the work performed monthly within five (5) days of receipt by CONTRACTOR of payment therefor from the Owner, and (b) final payment within five (5) days after the work has been entirely completed, has been accepted by the Owner, and final payment therefor has been received by CONTRACTOR." (Subcontract, para. 3) Applying the rules from both Long and Brumbaugh's Estate, it would appear that the waiver of liens provision is enforceable notwithstanding any possible default by the owners in paying appellant. However, we must keep in mind that "[i]n determining whether promises are dependent or independent, the intention of the parties prevails, which intention is to be discovered . . . from the nature of the transaction and objects of the parties evidenced by their contract." 8 P.L.E. § 170 (1971) (footnotes omitted). We must examine the particular agreement between the parties in this case. The subcontract consisted of 21 pre-printed, separate paragraphs outlining the duties of the parties. There is no indication that the parties intended the waiver of liens provision to be dependent upon the payment provision. Moreover, keeping in mind the nature of the transaction, to permit appellant to file a lien now would defeat the purpose of the waiver provision. We agree with the trial court's reasoning that "[t]o allow a subcontractor to escape a waiver and subsequently file a lien against property against which he had previously agreed not to, simply because of one contractor's breach, would do an injustice to those other
[ 368 Pa. Super. Page 363]
than the contractor who have relied on the waiver." Trial Court Opinion at 7.*fn3
Accordingly, we affirm the trial court's order sustaining preliminary objections to appellant's mechanics' lien claim and complaint in action upon that lien.
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Posted on 4 February 2010
- 12:00
Jermain Defoe revealed how his goalscoring instincts took over as he clinched his hat-trick in Wednesday night's FA Cup win at Leeds.
The striker admitted he was 'shattered' as the clock ticked into the third minute of injury time in the fourth round replay at Elland Road.
However, he found one final burst when Gareth Bale's clearance from a Leeds free-kick flew over last man Jonny Howson and sent him clean through on goal.
JD raced away from Howson, skipped around goalkeeper Casper Ankergren and slotted home to make it 3-1 on the night and secure his third hat-trick of the campaign after his trio at Hull and five-goal haul against Wigan.
The win sets-up a fifth round tie at Bolton on Sunday, February 14.
"To be fair, when it went over the defender's head, I thought 'it's a long way to go' and I was feeling shattered," beamed JD, clutching the matchball afterwards. "But when you are through and you can see the goal, you get the energy.
"I had a similar chance in the first half when the keeper came out and saved with his legs but that came to me so early on in the game. I thought for the hat-trick chance I'd take it around him because that makes it more difficult for the keeper. I was delighted to see it go in."
David Bentley was named ITV's Man of the Match after setting up JD's first two goals. The first came after 37 minutes, Leeds equalised in first half injury time but we continued to dominate and Jermain flicked home Bents' cross after 73 minutes to hand us a deserved 2-1 lead before wrapping it up with his third.
"It was a big win and the performance was excellent," added JD. "Leeds are a good side and knocked out United at Old Trafford, so that says it all really.
"They play at a fast tempo, get after you, get tight, try to stop you playing and work so hard.
"It was a difficult game in a fantastic atmosphere and the lads deserve full credit for the performance. We're all delighted we're through to the next round."
3 December 2016
Spurs Ladies take another step on a memorable journey this season when they enter the biggest competition in the ladies' game - the Women's FA Cup - on Sunday.
18 August 2016
It took 63 years for us to play Crystal Palace in competitive action at the Lane after our first meeting on home soil in 1906 - and as our 'brief history' feature highlights, the fixture has produced a lot of poignant Spurs moments since then, including Jermain Defoe's 143rd and final goal for us.
6 August 2016
There were dramatic late victories for both our Development Squad and Under-18s in their final pre-season friendlies before the start of the season today (Saturday, August 6).
View mobile site
© Tottenham Hotspur Ltd 2016. All rights reserved.
All photography copyright Getty Images (unless otherwise stated)


text:
Christopher Phillips Made to Worship Piano/Cello Songbook
- Brand New 3 Left
- Item is brand new Original sealed packaging
List Price $30.59
Please note: BLINQ sells products in multiple conditions (new, open box, refurbished, etc). Not all reviews are reflective of the condition that you may purchase.
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- Features
- Author: Christopher Phillips
- Format/binding:Paperback
- 160 Pages
- Includes 12 Songs
- Description
- Christopher Phillips has given us 12 worshipful arrangements for piano and cello that are perfect for offertories, postludes, or anytime instrumentals are desired. To make this book more versatile, each individual cello part has been transposed and made available for C instrument (violin/flute) and Bb instrument (trumpet/clarinet) within the book.
- 9781598021189
- Brand
- Christopher Phillips
- Model
- Piano/Cello Songbook
- Part
- Piano/Cello Songbook
May We Also Suggest
How BLINQ Works
- Retailer needs to move overstock, open box & refurbished inventory.
- BLINQ receives inventory and professionally inspects each item.
- Condition is determined, with only the best items passing inspection.
- Item is heavily discounted on BLINQ.com to sell quickly.


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May 24, 2007
ANTHONY SIDES, PLAINTIFFv.RELIGIOUS ACCOMMODATION COMMITTEE, ET AL., DEFENDANTS
AND NOW, this 24th day of May, 2007, upon consideration of the report of the magistrate judge (Doc. 37), recommending that plaintiff's emergency motion for a preliminary injunction or temporary restraining order be granted in part, and, following an independent review of the record, it appearing that plaintiff has established his entitlement to a preliminary injunction prohibiting defendants from destroying his religious and legal materials, see BP Chems., Ltd. v. Formosa Chem. & Fibre Corp., 229 F.3d 254, 263 (3d Cir. 2000) (setting forth the elements for issuance of a preliminary injunction), and the court finding that requiring plaintiff to post a surety bond would impose a significant hardship that would outweigh any risk of financial harm to defendants, see Temple Univ. v. White, 941 F.2d 201, 219 (3d Cir. 1991) (permitting courts to waive the surety bond requirement of Rule 65(c) when the "equities of potential hardships to the parties" weighed against the need for a bond); see also FED. R. CIV. P. 65(c), it is hereby
ORDERED that:
1. The emergency motion for a preliminary injunction or temporary restraining order (Doc. 33) is GRANTED in part as follows:
a. Defendants are hereby prohibited from destroying the religious and legal materials confiscated from plaintiff until the court has issued a final ruling on plaintiff's emergency motion (Doc. 33).
b. The remaining issues raised by plaintiff's emergency motion (Doc. 33) shall be resolved by future order of court.
2. The above-captioned case is REMANDED to the magistrate judge for further proceedings consistent with this order.
CHRISTOPHER C. CONNER United States District Judge
© 1992-2007 VersusLaw Inc.
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Category:GA-Class Anti-war articles
From Wikipedia, the free encyclopedia
This category contains articles that have been rated as "GA-Class" by WikiProject Anti-war. Articles are automatically placed in this category when the corresponding rating is given; please see the assessment page for more information.
Pages in category "GA-Class Anti-war articles"
The following 12 pages are in this category, out of 12 total. This list may not reflect recent changes (learn more).


text:
Last night Lucas and I had a housewarming party to celebrate getting settled into our new place. It was a blast. Over 20 people came (and it wasn't as crowded as I feared), including some of my family, coworkers, fellow book club members, a couple of Timbers Army folks… We had a really good mix of people.
I spent most of Saturday cooking food for the party (which may sound like a lot of work, but I enjoyed it). I made:
– french bread
– roasted garlic cream cheese spread
– sun-dried tomato and bean dip
– crudites
– vinegarette dressing
– polenta squares
– puff pastry triangles with two types of filling–kalamata olive with feta, and carmelized onion with chevre
– brioche
I joked to someone that Julia Child was the patron saint of our party, because the french bread and brioche recipes came from Mastering the Art of French Cooking vol. 2, and the polenta was from The Way to Cook. I used store-bought puff pastry sheets, because the brioche seemed like enough work with delicate buttery things for one day.
We asked people to bring beer and wine, which resulted in a range of beverages from Coors Light to sparkling wine. My favorite was the sparkling Pinot Noir my mother brought. The bottle says Codorniu Pinot Noir Brut. It had a wonderful light taste, and didn't make me feel immediately wasted the way a lot of sparkling wines do. Speaking of… we have two more bottles of Brut in the fridge. It's a nice housewarming gift, but I'm not sure what sort of food it would go with. I'd like suggestions if anyone has one.
So yes, a successful party. I'm already looking forward to throwing another.


text:
Those of you with little ones (or planning to have little ones in the future...... or those that HAD kids once upon a time) -- ALL will take delight in this whimsical, but insightful article:
[h=1]Cookie Monster Shares Life Lessons[/h]Who knew the blue guy was such a role model! (I WILL however say that his table manners leave a bit to be desired!!! LOL)


text:
Understanding Company Director Disqualification and Your Rights
Company directorship brings with it a legal obligation to act in a 'proper' manner when undertaking company business. If you are found to have acted improperly, you may face disqualification as well as other penalties and fines.
Outcomes range from a tarnished reputation to a possible prison sentence in the most severe cases. During formal insolvency proceedings, the Insolvency Service will enquire into the circumstances surrounding the company's financial misfortunes, looking for any instances of 'unfit conduct' as laid down in the Company Directors Disqualification Act, 1986.
What 'unfit conduct' means
- Continuing to trade when you know that the company is insolvent
- Failing to keep proper accounting records
- Failure to pay company tax liabilities
- Not filing statutory accounts and returns at Companies House
- Using company funds or assets for your own benefit
- Fraudulent activity
- Failing to assist the appointed Insolvency Practitioner.
Once your company is deemed insolvent, the appointed Insolvency Practitioner is required to file a report as part of their official duties. This is sent to the Secretary of State for Business, Innovation and Skills.
If it is in the public interest to take further action, and there is enough evidence to do so, proceedings to effect disqualification will begin. There is a statutory time limit of two years from the date of insolvency in which proceedings can take place, but in certain circumstances this can be extended.
Court procedures
The Insolvency Service or other party, which could include Companies House, will notify you of their intention to begin court proceedings, the grounds for taking action, and the ways in which you can respond. Should you disagree with the evidence they have provided, you are entitled to argue the case in court.
You have two other alternatives:
- Wait for a Disqualification Order from the court
- Agree to make a 'disqualification undertaking' which means that you disqualify yourself, and court proceedings cease.
Disqualification can last for up to 15 years, and may be accompanied by a prison sentence in the most serious cases.
What are the rules of disqualification?
Being disqualified as a company director means that, during the time period stated, you will not be able to become or act as the director of a company without specific sanction from the court.
In essence, you cannot:
- Be the director of any UK company, or any company based abroad that has connections to the UK
- Be involved with the formation or running of a company, nor its management or promotion
- Act in the manner of a company director, for example hiring staff or taking executive decisions
- Instruct a third party to manage a company under your direction. This can result in prosecution for yourself and the third party, with the person under instruction potentially becoming liable for company debts.
You are not barred from working as an employee for the same company, but you would need to be very careful how you represented yourself, and what roles you became involved with, unless you have court permission to undertake the duties of a director.
You can also be a sole trader or join a partnership, as long as it is not a limited liability partnership.
Breaking the rules of disqualification is viewed as a criminal offence which could lead to a prison sentence of up to two years, plus a further period of disqualification. You could also become personally liable for any company debts incurred during the time when the disqualification order was being contravened.
Additional restrictions on disqualified directors
Bans and restrictions on disqualified directors are wide-ranging. You may be prevented from being an accountant, solicitor or barrister if your professional body objects. Your eligibility to act as a trustee for a charity or school may also be affected.
Additionally, you would need the consent of The Pensions Regulator to be the trustee of an occupational pension scheme.
Disqualification is a public matter. Your details will be available online at Companies House, and for the first three months following your disqualification, you will be included in an Insolvency Service register.
Your right to seek permission from the court to act as a director
The Company Directors Disqualification Act allows for disqualified directors to apply to the court if they have a 'reasonable need' to act as a company director again.
Should the court agree with a request such as this, however, they may put restrictions in place on the duties that can be performed.
As you can see, director disqualification is a serious matter, but we can provide professional advice on what to do next should you be at risk of disqualification. Begbies Traynor have offices spanning numerous UK locations and offer a free same-day meeting.


text:
Yesterday we posted thevideo of a man suspected in the attempted rape
of a 27-year-old East Village woman. Thevictim has told the New York Post her side of the story
: She fought off the man, screaming, cursing, and kicking, after he followed her into her building on First Avenue at around 3 a.m. on Sunday, upon her return from a party in Brooklyn.
The perp, who appeared to be in his late 20s and wearing a hooded jacket over a shirt, waited until she'd entered, then peered in to watch her go through the vestibule before he opened the first door himself.
"It must not have slammed behind me," she said of the doors.
When she started kicking and screaming, the would-be attacker fled, and the woman called 911. The police are asking anyone who has seen or recognizes the man in the video above to call NYPD's Crime Stoppers hotline, (800) 577-TIPS.
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Update: A suspect, Imre Meszesan, 35, has been arrested and charged with attempted rape and burglary after being picked out of a lineup by the victim, Jane Callanan, reports the Post.
Face of a 'rapist' [NYP]
[JDoll / @thisisjendoll]
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/ News
The Green Party has announced its candidates to fight for two Brighton and Hove constituencies in the next general election.
Brighton and Hove councillor Christopher Hawtree is to contest Hove against Tory MP Mike Weatherley and Davy Jones, a nationally recognised expert on citizen participation, will be looking to unseat Conservative Simon Kirby in Brighton Kemptown.
Coun Hawtree said: "I am hugely honoured that the Greens have entrusted me with our banner in Hove, a bellwether constituency for national election trends."
Mr Jones said: "I'm thrilled to stand for Parliament in Brighton Kemptown, having grown up in Saltdean as a teenager, attending the local youth club, playing pitch and putt and, as a student, teaching English to Italian students in Saltdean Lido."
Caroline Lucas, the UK's first Green MP, has already been reselected to stand in Brighton Pavilion.
See the latest news headlines from The Argus:
- Onlookers foil attempted robbery - man arrested in street
- Two men sentenced for spraying graffiti at railway stations over Christmas
- Council misses its target for building cheaper homes in Brighton and Hove
- Single vehicle crash causes delays
- Overtime ban reduces Southern train services in Sussex further


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SEAFORD - Officials say Cedar Creek Park in Seaford was evacuated for about an hour tonight due to a hazmat investigation.
Health officials tell News 12 Long Island that a building that was a former marine environmental testing lab was being cleaned out when two glass containers containing a potentially explosive crystallized substance were found.
Hazmat crews say the containers could have exploded if they were exposed to air.
A robot was sent in to carefully collect the containers. Officials say the containers were then buried and blown up to avoid any health emergency.
Officials say as soon as the containers were rendered safe they reopened the park.
To view Chopper 12 footage of Cedar Creek Park hazmat investigation, go to Channel 612 on your iO digital cable box and select iO Extra.


text:
White Mechanostrider Mod B
Redirected from White Mechanostrider Mod A
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|The subject of this article was removed from World of Warcraft in patch 1.4.0.
- White Mechanostrider Mod B
- Item Level 40
- Binds when picked up
- Races: Human, Dwarf, Night Elf, Gnome, Draenei
- Requires level 40
- Requires Riding (150)
- Use: Teaches you how to summon this mount. This is a very fast mount.
This item was the epic variant of the original mechanostriders before the new art came out.
This item has since been replaced by the Swift Mechanostrider Mounts.
Patch changesEdit
- / Patch 3.0.2 (14-Oct-2008): Renamed from White Mechanostrider Mod A.
- Patch 1.4.0 (2005-05-05): Removed from game.
External linksEdit


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The Spirit Kings Detailed Strategy Guide (Heroic Mode included)
Table of Contents
- 1. General Information
- +2. Loot
- +3. Overview of the Fight
- +4. Qiang the Merciless
- +5. Subetai the Swift
- +6. Zian of the Endless Shadow
- +7. Meng the Demented
- 8. When to Use Heroism/Bloodlust/Time Warp
- 9. Learning the Fight
- +10. Heroic Mode
- 11. Achievement: Getting Hot In Here
- 12. Concluding Remarks
This guide is intended to provide a comprehensive description of the encounter with The Spirit Kings in Mogu'shan Vaults. It is targeted at anyone who desires to understand the fight mechanics.
This guide is updated for World of Warcraft WoD 6.1.2.
The Spirit Kings comprise the fourth encounter in the Mogu'shan Vaults raid instance. The encounter rather complex, and its difficult increases as time goes on, leading up to an intense final act.
While the fight puts a strain on all roles in your raid, its most challenging aspect comes from the large amount of movement that you must do. Indeed, adjusting your positions and switching from a stacked to a spread-out formation are the key difficulties you will face.
1. General Information
|Boss' Health
|Enrage Timer
|Raid Composition
|10 minutes
|10-man heroic
|10 minutes
|10 minutes
|25-man heroic
|10 minutes
|10 minutes
2. Loot
2.1. Armor
|Item Name
|Main Stats
|Hood of Blind Eyes (LFR, Heroic)
|Undying Shadow Grips (LFR, Heroic)
|Bracers of Dark Thoughts (LFR, Heroic)
|Bracers of Violent Meditation (LFR)
|Meng's Treads of Insanity (LFR, Heroic)
|Subetai's Pillaging Leggings (LFR, Heroic)
|Girdle of Delirious Visions (LFR, Heroic)
|Shoulderguards of the Unflanked (LFR, Heroic)
|Breastplate of the Kings' Guard (LFR, Heroic)
2.2. Weapons
|Item Name
|Main Stats
|Screaming Tiger, Qiang's Unbreakable Polearm (LFR, Heroic)
|Steelskin, Qiang's Impervious Shield (LFR, Heroic)
2.3. Amulets and Cloaks
|Item Name
|Main Stats
|Zian's Choker of Coalesced Shadow (LFR, Heroic)
|Amulet of the Hidden Kings (LFR, Heroic)
|Mindshard Drape (LFR, Heroic)
|Arrow Breaking Windcloak (LFR, Heroic)
3. Overview of the Fight
The Spirit Kings encounter is a council-type fight, in which you will face 4 bosses, one at a time, in a predefined order. Each new boss becomes active when the previous one has been defeated (i.e., killed). Each of the bosses has his own health pool and his own set of abilities.
Each boss has one ability which he retains after being defeated, and which he will continue to use against the raid for the remainder of the fight (while you are fighting the other bosses). This means that the fight becomes harder as you near the end, reaching its difficulty peak when you are fighting the final boss.
Because the order of the bosses is always the same, you can easily predict which combinations of retained abilities you will have to deal with. We detail this in the guide.
The fight involves a lot of movement, and proper positioning is an important requirement for success, throughout the course of the fight.
3.1. Video by Inner Sanctum
10-man Heroic kill
4. Qiang the Merciless
Qiang the Merciless is always the first active boss.
4.1. Abilities
Qiang the Merciless makes use of 3 abilities. We describe them below, starting with the ability that he retains after being defeated.
- Flanking Orders summons a row of Mogu warriors. They walk forward independently of any raid actions, and are unattackable. The wave spawns at a random edge of the arena and slowly moves across it in a predictable fashion. The row is not very long, meaning that players can easily avoid it by moving to either side of it. The warriors constantly deal a massive amount of Physical damage to all enemies in front of them, essentially one-shotting any careless raid members who do not move out of their path. The boss uses this ability every 40 seconds while he is alive, and every 75 seconds after he is defeated.
- Massive Attacks is a frontal cone attack that deals a massive amount of damage, split between all affected players. The boss uses this ability every 5 seconds.
- Annihilate is an AoE attack that deals a very large amount of damage in an area on the ground. The spell has a 3-second visual effect on the ground, before it deals its damage, making it easy to get out of its way. The boss uses this ability every 40 seconds.
4.2. Strategy
The strategy for defeating Qiang the Merciless can be summarised thus:
- Have your tanks tank the boss in the center of the room.
- Have your entire raid stacked up in front of the boss, so as to minimise the damage taken from Massive Attacks.
- Make sure that everyone promptly moves to avoid both Annihilate and Flanking Orders.
Your raid will essentially treat this boss as a tank and spank fight. The only difficulties will arise from avoiding Flanking Orders and Annihilate, both of which we detail in the sections below.
4.2.1. Flanking Orders
Being in the center of the room allows your tanks to choose an efficient path to avoid the Flanking Order wall. The rest of the raid must move accordingly, otherwise the Massive Attacks can kill those still left in front of the boss.
Once the Flanking Orders have passed, the boss should simply be moved back to the center.
4.2.2. Annihilate
Whenever the boss casts Annihilate, the ground in front of him begins to rumble in an unmistakable fashion. All raid members (including tanks) should move out of the affected area. Everyone should run through the boss, since this is the shortest path to avoid the affected area. The raid can then simply remain on the other side of the boss (which will now once again be facing them, as he has turned to the tank after casting Annihilate).
5. Subetai the Swift
Subetai the Swift is always the second active boss.
5.1. Abilities
Subetai the Swift makes use of 3 abilities. We describe them below, starting with the one which he retains after being defeated.
- Pillage causes Subetai to charge a random raid member and debuff all players within 8 yards with Pillaged. This debuff, which lasts 15 seconds, reduces damage and healing done by 50%, and increases Physical damage taken by 50%. The boss casts this ability every 40 seconds.
- Volley is a 3-step frontal cone attack. First, Subetai fires a volley of arrows in a wide cone in front of him, dealing a moderate amount of Physical damage. A second later, he fires again, but this time the cone is less wide and the damage is higher. A second after that, Subetai fires a final volley, in a narrow cone, dealing massive damage.
- Rain of Arrows targets a random raid member, and fires a volley of arrows at that location. All players in an 8-yard radius of this location are stunned by Pinning Arrows, which deal Physical damage to the players every second. The Arrows are attackable and killable, something that is required in order to free the players.
5.2. Strategy
As you can see, the abilities of Subetai require your raid to be spread out, which makes them rather trivial to deal with. However, depending on which defeated bosses you are facing at this stage of the fight, this may not always be easy.
5.2.1. Pillage
Subetai will channel Pillage for a few seconds, and during this time, players in his vicinity have time to run away. The Pillaged debuff is only applied at the end of the cast. Having your raid spread out as much as possible, so that as few players as possible are within 8 yards of one another, makes avoiding Pillage easier. The players who are unfortunate enough to be pillaged do not have any way of getting rid of the debuff and its negative effects, so they must simply endure them.
There are two things that players who have been Pillaged must pay special attention to.
- Do not use any cooldowns (such as DPS or healing cooldowns), since their effect will be greatly diminished.
- Be extra careful not to be hit by Volley, since its damage is Physical and you are taking increased Physical damage.
5.2.2. Volley
Volley is easily dealt with. All it requires is that players move away from the front of the boss when this ability is cast. Getting hit by the first wave of arrows will not always be easy to avoid, but this is hardly problematic, and it should not kill anyone.
5.2.3. Rain of Arrows
Rain of Arrows is generally neutralized by the fact that your raid is spread out. Players who are pinned down by the arrows must be freed immediately by killing the arrows.
It is interesting to note that players can escape the Arrows by using abilities that grant them immunity, as well as abilities such as Blink.
5.2.4. Retained Ability Strategy
While Subetai is active, you will have to deal with Qiang's Flanking Orders. This ability is not very problematic while facing Subetai, so simply avoid the rows of Mogu warriors as you normally would.
6. Zian of the Endless Shadow
Zian of the Endless Shadow is always the third active boss.
6.1. Abilities
Zian of the Endless Shadow makes use of 3 abilities. We describe them below, starting with the ability that he retains after being defeated.
- Undying Shadows selects the location of of a random raid member, and a few seconds later summons an attackable add there. The add fixates on the nearest raid member, and follows that player around, dealing damage to all players within 10 yards of it. When the add is killed, it forms a large void zone. Over the course of 30 seconds, the void zone shrinks in size, until it finally transforms back into the original add. This add then fixates on the nearest target once more, and the process repeats itself. After the void zone shrinks for the second time, it disappears entirely, and no add spawns. Zian casts this ability every 40 seconds while he is alive, and every 85 seconds after he is defeated.
- Shadow Blast is an interruptible spell that Zian often casts at the location of a random raid member. Shadow Blast deals a large amount of Shadow damage to everyone within 8 yards of the target's location. Zian casts Shadow Blast every 4-5 seconds.
- Charged Shadows is a spell that deals a high amount of Shadow damage to a player, and then jumps to any targets within 8 yards of that player, damaging them as well.
6.2. Strategy
Charged Shadows simply requires that your raid spreads out, and Shadow Blast must always be interrupted. There is no complexity in dealing with these abilities.
6.2.1. Undying Shadows
The best way of dealing with Undying Shadows can be summarised thus. Have the person that the Undying Shadows fixate on kite them to the edge of the room, and then kill the Undying Shadows immediately.
Doing this will result in the void zones generated by Undying Shadows being out of the way of your raid, and not hampering your movement when avoiding other abilities.
Even though it is tempting to DPS the Undying Shadows as soon as they appear, doing this can cause them to leave their void zone in entirely undesirable locations, which should be avoided.
Ranged DPS players are best suited for DPSing the Undying Shadows.
6.2.2. Retained Ability Strategy
Flanking Orders does not interfere with your raid's strategy for defeating Zian in any meaningful way.
Pillage is the least problematic of the retained abilities. It simply requires that your raid members be spread out at least 8 yards apart. Even when more than one raid member is Pillaged, this is not very serious for your raid.
7. Meng the Demented
Meng the Demented is always the fourth and final active boss.
7.1. Abilities
Meng the Demented is a bit different from the other Spirit Kings, in the sense that he has an insanity bar that increases slowly over time. When the insanity bar reaches maximum capacity, it resets, and the boss' insanity begins to grow once more. Meng has two passive abilities, only one of which is active at one time. The two passive abilities alternate, changing each time Meng's insanity reaches maximum capacity.
- Crazed increases Meng's physical damage by 200% of his current insanity.
- Cowardice causes Meng to reflect damage back to the raid, equal to 50% of his current insanity. So, if Meng has 60 Insanity, he will reflect 30% of the raid's damage.
Meng also has 2 active abilities that he uses regularly. We describe them below, starting with the ability that he retains after being defeated.
- Maddening Shout is a spell which turns all raid members hostile to one another, allowing them to attack each other. Moreover, it causes all raid members to suffer Shadow damage every 3 seconds. The effect ends when each player has sustained 40,000 damage from another player (20,000 in LFR). Meng casts Maddening Shout every 50 seconds while he is alive, and every 85 seconds after he is defeated.
- Crazy Thought is an interruptible spell that increases Meng's insanity by 10. He casts this ability very often (every 5 seconds or so).
7.2. Strategy
The strategy for defeating Meng revolves around Maddening Shout. It is also important to understand how to properly react to his current insanity state.
7.2.1. Maddening Shout
The strategy for dealing with Maddening Shout is simple. Your entire raid should be positioned around Meng, spread out loosely. When Maddening Shout is cast, everyone should move in. Certain players should be assigned to cast AoE spells that deal the minimum amount of damage needed to break the effect.
After the effects of Maddening Shout have worn off, your raid can spread out again.
It is important to note that Maddening Shout is not a mind control, and it does not cause loss of control of your character in any way. It simply makes all raid members hostile to you.
It is also very important that no one uses any abilities that have secondary effects such as stuns, fears, or other debuffs.
7.2.2. Meng's Insanity
As we mentioned above, Meng's insanity increases steadily over time. Additionally, it can increase faster if he completes casts of Crazy Thought. With this in mind, you must be prepared that Meng will have very high insanity several times while he is alive.
When Meng is Crazed, the more insanity he has, the higher the damage done to the tank will be. When Meng is under the effects of Cowardice, the more insanity he has, the more damage will be reflected back to your raid.
The key to handling these aspects correctly is the way in which you interrupt the Crazy Thought casts that the boss regularly performs.
The idea is to always interrupt the casts when the boss has low insanity, and to allow him to cast the spell when he has high insanity. The exact amount of insanity where you should stop interrupting depends on many factors, but we recommend 60.
Doing this will cause Meng to spend more time at low insanity, and less time at high insanity. In other words, you are intentionally increasing his insanity generation, when he is already high on insanity, in order to get him to maximum insanity (when it is reset to zero) faster.
There are two things you should be aware of regarding Meng's high-insanity phases.
- When the boss is Crazed, the tank will require a large amount of healing.
- When the boss has Cowardice, the raid should stop DPSing in order to avoid taking excessive damage.
7.2.3. Retained Ability Strategy
One possible problem will be if the path you wanted to take in order to avoid the Flanking Orders is blocked by a void zone from Undying Shadows. In this case, the best thing you can do is calculate a new path, avoiding Flanking Orders on the other side. If this is not possible, then you should simply run through the Undying Shadows, as their damage is considerably lower than that of Flanking Orders.
When dealing with Undying Shadows, one of the biggest problems will arise if your raid is stacked up (such as to deal with Meng's Maddening Shout). When this happens, DPS players will have to resist the temptation of quickly killing the Undying Shadows, and the player on whom it has fixated must move the Shadows out of the raid.
Even though we do not advise you being careless, it should be noted that even if the Undying Shadows are killed right under your raid, the void zone will not be very problematic. This is because the damage from the Undying Shadows void zone is quite low (even in heroic mode, it is only 60,000 per second; in normal mode, it is much lower than that). The position of the boss will simply have to be re-adjusted.
Pillage is a problem when you have to stack tightly, such as for Maddening Shout. In this case, you will have to respect the stacking constraint, since failing to do so is much more punishing than failing to spread for Pillage. Fortunately, these abilities to not seem to be cast at the same time very often.
8. When to Use Heroism/Bloodlust/Time Warp
The choice of the optimal timing for Heroism/ Bloodlust/ Time Warp is not very straightforward.
On the one hand, using it early allows your raid to stand still and DPS (since there are fewer abilities to avoid), taking greater advantage of the cooldown. On the other hand, using it late in the fight means that you get a boost of DPS during the most difficult part of the encounter, allowing you to get through it faster.
The choice is yours, and if one strategy turns out to be better than the other we will update the guide to reflect this.
9. Learning the Fight
As with many other fights, the most important thing to emphasize is that your raid members all learn to properly handle each mechanic on its own. This is especially true for the retained abilities of the bosses. Once this is accomplished, your raid should have no problem overcoming the other challenges of the encounter.
10. Heroic Mode
The Heroic mode of the encounter against The Spirit Kings makes for a very challenging fight. While the fight is very difficult, we feel that raids that have successfully killed the first 3 bosses on Heroic difficulty have what it takes to defeat The Spirit Kings.
The fight has a rather strict enrage timer, as well as several deadly mechanics.
10.1. Differences from Normal Mode
In addition to the bosses' increased health, and the increased damage of all their abilities, there are several key differences from Normal mode. Some of the old mechanics are slightly changed, and each boss gains a new ability.
10.1.1. Changed Mechanics
The most important change is that a new boss no longer becomes active when the previous one dies, but rather when the previous one reaches 30% health. Therefore, you will have to contend with two bosses active for short periods of time, several times throughout the fight.
The second change is that Qiang's Flanking Orders ability now creates two rows of Mogu warriors, instead of one. These two rows appear at the same time, and behave exactly as they do in Normal mode. The locations and directions of the two rows appear to be random, and they can sometimes come from opposite sides, meeting in the middle, or even from the same side and running almost on top of one another.
10.1.2. New Abilities
Each of the 4 bosses gains a new ability in Heroic mode. Each of these abilities is on a rather long cooldown (40 seconds), meaning that they will only come up twice while each boss is alive (in normal circumstances, anyway). We also feel that it is important to note that none of these abilities is retained by the bosses after they are defeated.
- Qiang the Merciless gains Impervious Shield. The boss places a shield on himself, which renders him immune to all damage. While the shield is up, all attacks done to Qiang will be retaliated back to the attackers. The shield can be dispelled by Mass Dispel and Shattering Throw.
- Zian of the Endless Shadow gains Shield of Darkness. The boss places a shield on himself, which deals 300,000 Shadow damage to the entire raid whenever a damaging ability hits Zian while the shield is active. The shield is a magic effect and can be dispelled.
- Meng the Demented gains Delirious. This is a buff that the boss gains, which causes him to gain twice as much insanity as he does normally. The buff is an enrage effect and can be dispelled.
- Subetai the Swift gains Sleight of Hand. This is a 10-second buff that the boss gains, which causes any attacks done to him while the buff is active to debuff the attacker, reducing their damage done and armor by 50% for 25 seconds. While Sleight of Hand is active, Subetai can be stunned.
10.2. Strategy
Simply put, your raid will have to deal with all the usual challenges of the encounter, in addition to which you will need to react accordingly to the bosses' new abilities. We will summarise this below, before going into more detail.
- Whenever Qiang casts Impervious Shield, stop attacking him and dispel the shield immediately.
- Whenever Subetai gains Sleight of Hand, stun him and only attack him while he is stunned (he cannot debuff players while he is stunned).
- Whenever Zian casts Shield of Darkness, stop attacking him and dispel the shield immediately.
- Whenever Meng gains Delirious, dispel it immediately.
Dispelling the bosses is the duty of any players in your raid who have offensive dispels. In the case of Zian, Shamans' Purge, and Priests' Dispel Magic and Mass Dispel are very useful. For Meng, the enrage effect can be dispelled by Hunters' Tranquilizing Shot, Druids' Soothe, and Rogues' Shiv.
Qiang's shield can only be removed through abilities that generally remove invulnerabilities, namely Mass Dispel and Shattering Throw.
10.2.1. Stopping DPS
One of the most important parts of the fight, and the one most likely to cause you problems, is the requirement to stop attacking Qiang and Zian when they shield themselves, as well as Subetai, when he gains Sleight of Hand. Even though it is detrimental to attack any of these bosses at these times, Zian is by far the deadliest, so we will focus on him, but the general idea also applies to Qiang and Subetai.
The shield is on a predictable timer, so, even though the enrage timer is quite strict, it is advised to stop attacking the boss a few good seconds before the shield goes up. DoTs, bleeds, and pet attacks do not trigger the detonation of Zian's shield, so that is not a problem.
Having a quick dispel on the boss minimises the risk of someone detonating the shield, and also reduces the amount of time your raid is unable to attack the boss.
Having said that, you should be prepared for many wipes to this ability, as it is quite unforgiving.
For Subetai, Sleight of Hand cannot be dispelled, but the boss should be stunned for as much of the 10-second duration of Sleight of Hand as possible (stunning him for 10 seconds is possible, but the stuns are subject to diminishing returns). Players should make sure not to attack him when he is not stunned.
10.2.2. Transitions/Dealing with Two Bosses at Once
Another very delicate point in the fight is whenever the current boss reaches 30% health. At this point, the next boss will activate, and you will have to deal with both of them until the first one is defeated.
Since we still advise using a single tank in Heroic mode, the tank will have to tank both bosses at once. Doing so will result in a lot of damage, so both the tank and the healers should be prepared with cooldowns.
Additionally, when the boss that is being brought to 30% health is Zian, we advise waiting for the Shield of Darkness to be cast and dispelled before bringing the boss to 30% health, and then using DPS cooldowns to bring him to 0% before another shield is cast.
11. Achievement: Getting Hot In Here
The Getting Hot In Here achievement is part of the Glory of the Pandaria Raider meta achievement. It simply requires that all your raid members use a /dance emote on Subetai the Swift after getting hit by his Pillage ability.
You should use a macro for this purpose.
The obvious difficulty is that getting the entire raid hit by Pillage can cause many problems. Fortunately, since the achievement does not appear to require that you defeat the encounter in the same attempt, you can simply complete the achievement, wipe, and re-start.
However, this should not be needed, especially if Subetai is the first or second active boss. Having your entire raid Pillaged will reduce DPS for a short while, which is not a problem. The greater problem is the increased damage that the tank will be taking from Subetai, and the reduced healing that the healers will be doing. We believe that this can be countered with healing and defensive cooldowns. In the worst case scenario, if the tank dies, they can be resurrected later.
12. Concluding Remarks
This concludes our guide for the encounter against The Spirit Kings. We always welcome your comments and suggestions on our forums or by e-mail.
- 1. General Information
- +2. Loot
- +3. Overview of the Fight
- +4. Qiang the Merciless
- +5. Subetai the Swift
- +6. Zian of the Endless Shadow
- +7. Meng the Demented
- 8. When to Use Heroism/Bloodlust/Time Warp
- 9. Learning the Fight
- +10. Heroic Mode
- 11. Achievement: Getting Hot In Here
- 12. Concluding Remarks
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- Heart of Kiev
- Independence Square (0.2 mi / 0.3 km)
- St. Michael's Golden-Domed Monastery (0.3 mi / 0.4 km)
- Saint Sophia Cathedral (0.4 mi / 0.7 km)
- St. Andrew's Church (0.7 mi / 1.1 km)
- Golden Gate (0.7 mi / 1.1 km)
This is not a hotel, despite the description. It's an apartment in a regular apartment…
This appartment is perfectly sittuated, it has a big bath but due to a tiny boiler you…
Kostelna Antique, Kiev
Hotel Info: 866-539-8117from $33
- Standard Apartment
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Hotel size
- This hotel has 1 room
- Check-in time noon-midnight
- Check-out time is noon
If you are planning to arrive after 6:30 PM please contact the property in advance using the information on the booking confirmation.
Airport shuttle service is available on request. Contact the property in advance to make arrangements. Guests should proceed directly to Mihailovska 24-B, Office 80-A for check-in assistance. Guests can contact the hotel using the information found in the booking confirmation.
Required at check in
- Credit card or cash deposit required
- Government-issued photo ID required
- If you require a visa to enter the country, your property may be able to help with the supporting documents needed to obtain one *
Travelling with others
- No cribs (infant beds)
- Pets allowed
- Free WiFi in public areas
- Free WiFi in rooms
- Airport shuttle (available on request) *
- Train station pickup *
- Free nearby parking
Nearby Three Star Kiev hotels
In the hotel
- Room service (during limited hours)
- Front desk (limited hours)
- Tours/ticket assistance
- Limo or Town Car service available
- Elevator/lift
In the room
- Air conditioning
- Ceiling fan
- Coffee/tea maker
- Iron/ironing board
- Shower/tub combination
- Hair dryer
- Plasma TV
- Desk
- Free WiFi
- Free local calls
- Refrigerator
- Microwave
- Kitchenette
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Also known as
- Kostelna Antique
- Kostelna Antique Apartment
- Kostelna Antique Apartment Kiev
- Kostelna Antique Kiev
If you require a visa to enter the country, your property may be able to help with the supporting documents needed to obtain one. To learn more, you can reach out to the property via the contact details included on your booking confirmation. The property may charge for this assistance, even if you end up cancelling your reservation. All arrangements are solely between the property and yourself.
Optional extras
Airport shuttle service is offered for an extra charge of USD 60 per vehicle
Train station pick-up service is offered for an extra charge
We have included all charges provided to us by this hotel. However, charges can vary, for example, based on length of stay or the room you book.
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The apartment was lovely and very spacious. The interior was unusual but very good, it has wooden beams, wooden breakfast table and a wooden curved cupboard. The size of the bath tub was massive. The apartment is just a minute walk up from independence square. Would recommend this place.
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September 6, 2012
UNITED STATES OF AMERICA,v.CHARLES PALMER, GEORGE KRAJAS, ET AL., DEFENDANTS.
Before the Court is the Government's motion (Docket No. 108*fn1 ) for reconsideration of the decision to hold a Franks*fn2 hearing for defendant George Krajas (Docket No. 103, Order of July 19, 2012, at 11-13, 15; cf. Docket No. 76, Krajas Motion). Responses to this motion were due by August 8, 2012, and the motion was argued on August 10, 2012 (text minute entry, Aug. 10, 2012), and deemed submitted as of that date (Docket No. 112). As a result of that motion, the Franks hearing scheduled for August 10, 2012 (see Docket No. 106; Docket No. 103, Order of July 19, 2012, at 11-13, 15), was canceled (Docket No. 112). Familiarity with these prior Orders is presumed.
Defendants were indicted on June 16, 2011, in a multiple count Indictment for conspiracy by all eleven defendants to possess with intent to distribute cocaine, cocaine base, marijuana, and hydrocodone from at least November 2010, to the date of the Indictment (Docket No. 1, Indict., Count 1). Two defendants also were charged with seven individual counts of possession of cocaine, cocaine base or marijuana by George Krajas or Charles Palmer, Sr., or by both Krajas and Palmer, Sr., together (id. Counts 2-8). The Indictment also charges a forfeiture allegation against premises on Broadway in Buffalo, New York (id. at pages 7-8). The alleged possessions occurred in November of 2010, May and June of 2011 (id., Counts 2-8).
This was a portion of one omnibus motion (among several filed by co-defendants), wherein defendant Krajas sought a Franks hearing regarding omissions from the record for issuance of the wiretap Order, complaining that the agent's affidavit contains boilerplate allegations that have been rejected in other courts (Docket No. 76, Krajas Atty. Affirm. ¶¶ 29-35, 34). Krajas argued that there were material omissions in the wiretap application by not disclosing the criminal background of CS-1, the confidential source relied upon as the basis for seeking the wiretap, as well as purported personal bias of CS-1 (Docket No. 93, Krajas Memo. at 2-3). Looking at whether probable cause was established, Krajas pointed out that the affiant agent relied upon information provided by confidential sources (id. at 7; Docket No. 83, Ex. A, Aff. of Marcello Falconetti at 4-5). Krajas complained that it was not clear from the affidavit whether one or multiple confidential sources were relied upon (Docket No. 93, Krajas Memo. at 7).
The Government relied upon two informants, identified for now as CS-1 and CS-2, to support probable cause for the wiretap Order. As for CS-1, Krajas argued that the omissions on the reliability of CS-1 materially affected the application (id. at 8). As for CS-2, Krajas argued alternatively that with CS-2 the necessity argument for wiretap was removed (since it is believed that CS-1lived in Krajas' household, see Docket No. 76, Krajas Atty. Aff. ¶ 21*fn3 ) and that CS-2 was unreliable (Docket No. 93, Krajas Memo. at 8-12). In anticipation of a Franks hearing, Krajas also sought pre-hearing disclosure of all documents which might tend to show that the Government had failed to disclose all of the information required by statute (Docket No. 76, Krajas Atty. Aff. ¶¶ 36-38), listing specific categories of documents to be produced (id. ¶ 39).
The Government responded that Krajas' allegations about the facts not disclosed to the issuing judge (about CS-1 living with defendant, his theft of $6,000, and pending criminal charges against him) did not affect the Court's probable cause decision in issuing the wiretap Order (Docket No. 87, Gov't Response to Krajas Motion ¶ 28). The Government concludes that sufficient probable cause was shown for issuance of the wiretap Order (id. ¶ 30). In its supplement, the Government pointed out that the affiant agent, Marcello Falconetti, was not aware of CS-1's criminal charges before or during the wiretaps, in fact learning of the pending local court charges a year later in January 2011 (Docket No. 95, Gov't Supp'al Response at 3-4; id., Ex. A, Falconetti Aff. of Apr. 9, 2012, ¶¶ 3-4). Falconetti did not inquire further about the nature of those pending charges in 2011 because CI-1 was represented by counsel in that matter (id., Ex. A, Falconetti Aff. of Apr. 9, 2012, ¶ 4). The omission of CS-1's criminal record was not necessary for the probable cause determination that Krajas was committing drug trafficking crimes over his cellular telephone and Krajas failed to show that this omission was intentional or reckless (Docket No. 95, Gov't Supp'al Response at 4-5, Ex. B (wiretap Order)). Even if CS-1 is excluded from consideration, the Government concludes that this Court had ample information to support probable cause from CS-2, from prior purchases of cocaine by CS-2 from Krajas, from the controlled purchases from Krajas by CS-2, and CS-2 stating that Krajas used the telephone to conduct drug trafficking (id. at 5-6). (See Docket No. 103, Order of July 19, 2012, at 11-12.)
This Court granted Krajas' motion (id. at 13), stating
"Again, Krajas needs to make a substantial showing that the warrant affidavit contains a false or omitted statement; that the statement was included intentionally or recklessly; and that the statement was an integral to the probable cause finding in order to be entitled to a Franks hearing, Franks, supra, 438 U.S. 154. A review of the wiretap application shows that probable cause was established through CS-2 activities and interactions with Krajas. According to Agent Falconetti, CS-2 had made drug transactions with Krajas by calling Krajas on the cellular telephone that was to be monitored (Docket No. 83, Krajas Ex. A, Wiretap Application, Ex. C, Falconetti Aff. ¶¶ 17(a)(i), (ii), 20-34). CS-1, who Krajas now identifies and objects to omissions about his background, connects Palmer, Jr., as the supplier of cocaine to Krajas (id. ¶¶ 34(a), 16, 16(a)(i)-(ii)). CS-1 states that Krajas uses his cellular telephone to then sell these drugs (id. ¶ 16(a)(v)). But Krajas points to instances where CS-2 controlled when consensual conversations were recorded and, when not recorded, how Government agents had to rely upon CS-2's version of the conversations (Docket No. 93, Krajas Memo. at 11-12).
"Krajas has established that facts were omitted from Chief Judge Skretny in applying for the wiretap and that these statements (and the credibility findings that could be drawn from them) were integral to finding probable cause for the wiretap. Therefore, a Franks hearing will be held; a separate Order will notice that hearing." (Id.)
The Government now moves for reconsideration, arguing that this Court failed to indicate which specific facts were omitted from Chief Judge Skretny in his consideration of the wiretap application and whether those facts were integral to the finding of probable cause (Docket No. 108, Gov't Motion at 1-2). The Government also faults the Order for not addressing whether defendant made a "substantial preliminary showing" that the affiant, Federal Bureau of Investigation agent Marcello Falconetti, made omissions knowingly and intentionally or with reckless disregard for the truth, as required for a Franks hearing (id. at 2). The Government concludes that this Court did not demonstrate that Krajas had established any of the elements necessary for a Franks hearing--a false statement or material omission; made knowingly, intentionally, recklessly; and was necessary for finding probable cause (id.).
The Government contends that Falconetti was not aware of the omission Krajas points to, the fact that CS-1 lived with Krajas.
I. Applicable Standards
A. Reconsideration Standard in Criminal Prosecutions Unlike the Federal Rules of Civil Procedure, the Federal Rules of Criminal Procedure have no express provision for reconsideration of Orders. In this District, Judge Larimer in another case has held that a Magistrate Judge had the "discretion to reconsider or reopen prior proceedings which precipitated" the Magistrate Judge's decision, United States v. Florack, 155 F.R.D. 49, 51 (W.D.N.Y. 1994). In Florack, the Government sought reconsideration (pursuant to then Federal Rule of Criminal Procedure 12(f)*fn4 ) by Magistrate Judge Fisher of his refusal to allow the Government to argue an otherwise defaulted suppression motion, id. at 50-51; see id. at 51-52 (Report & Rec. of Fisher, Mag. J.). Judge Siragusa of this Court held in United States v. Amanuel, No. 05CR6075, 2006 WL 266560, at *1 (W.D.N.Y. Jan. 31, 2006), that the civil standard for reconsideration is applicable in criminal cases, that the standard for reconsideration is "strict" and reconsideration "will generally be denied unless the moving party can point to controlling decisions or data that the court overlooked--matters, in other words, that might reasonably be expected to alter the conclusion reached by the court," id. (internal quotations and citations omitted).
B. Franks v. Delaware
Under Franks a defendant may challenge whether false or material omission of material was presented to the judge considering a warrant or wiretap application. Where "a defendant has made a substantial preliminary showing that a false statement knowingly and intentionally, or with reckless disregard for the truth, was included by the affiant in the warrant affidavit, and if the allegedly false statement is necessary to the finding of probable cause, the Fourth Amendment requires that a hearing be held at the defendant's request," 438 U.S. at 155-56; see id. at 171. As held in Franks,
To mandate an evidentiary hearing, the challenger's attack must be more than conclusory and must be supported by more than a mere desire to cross-examine. There must be allegations of deliberate falsehood or of reckless disregard for the truth, and those allegations must be accompanied by an offer of proof. They should point out specifically the portion of the warrant affidavit that is claimed to be false; and they should be accompanied by a statement of supporting reasons. Affidavits or sworn or otherwise reliable statements of witnesses should be furnished, or their absence satisfactorily explained. Allegations of negligence or innocent mistake are insufficient. . . . Finally, if these requirements are met, and if, when material that is the subject of the alleged falsity or reckless disregard is set to one side, there remains sufficient content in the warrant affidavit to support a finding of probable cause, no hearing is required. On the other hand, if the remaining content is insufficient, the defendant is entitled, under the Fourth and Fourteenth Amendments, to his hearing.
Id. at 171-72 (footnote omitted). There is a presumption of validity with respect to the supporting affidavit for warrant and wiretap applications, id. at 171.
II. Application
A. Reconsideration
Here, the Government points to elements of the standard for granting a Franks hearing that were overlooked. The initial Order did not clearly indicate the false statement or omission at issue for a hearing. The issues that warranted a hearing were (a) whether CS-1's connection with Krajas was disclosed to Chief Judge Skretny and (b) whether the fact the CS-2 controlled whether or not his conversations were being recorded. Therefore, reconsideration is granted.
B. Defendant Preliminary Showing
The Government contends that Krajas has not made a sufficient "substantial preliminary showing" to warrant a Franks hearing (Docket No. 108, Gov't Motion at 1-2). As previously found (Docket No. 103, Order of July 19, 2012, at 13), Krajas has met that substantial preliminary showing. First, Krajas faults reliance upon CS-1 since he lived with him and committed offenses against him. Second, Krajas questions how controlled the transactions that allegedly occurred with CS-2 since CS-2 controlled when consensual conversations with defendant were recorded or not recorded (id.; see also Docket No. 93, Krajas Memo. at 11-12). Having met that threshold, this Court must examine whether there were false statements or material omissions from the application for the wiretap, whether these falsehoods or omissions were knowing, and whether the statements at issue were necessary to show probable cause.
C. Whether False Statement or Material Omission Was Made?
At issue here are material omissions about CS-1's criminal history (including the alleged robbery from Krajas) and how CS-2 conducted his consensual monitoring to justify issuance of the wiretap; no one claims that false statements were made. The Government claims that agent Falconetti did not know CS-1's criminal history. As for CS-2, the Government states that most of the conversations were consensually recorded by CS-2 (Docket No. 108, Gov't Motion at 3-4) but does not address the issue of CS-2's control over the recording process.
D. Knowing, Intentional or Reckless Statement or Omission?
The Government claims that agent Falconetti did not know of CS-1's criminal history and, later argued, that Falconetti could not (consistent with Justice Department policy) contact a represented party (here CS-1) to learn that history. Other sources, such as the District Attorney's office or Town Court, were identified that Falconetti could have checked.
Affiant Falconetti should have learned the criminal history of CS-1 before producing him as a source for probable cause for a wiretap, even if this due diligence required him to contact the District Attorney or other law enforcement (or run a state arrest record report) to learn if there were anything that would taint the informant's credibility. He did not need to violate Justice Department regulations and make a direct inquiry of the represented informant outside the presence of counsel; Falconetti could have had CS-1's counsel present when asking. But, Falconetti did not do this and relied upon the agent's limited knowledge of the criminal history of CS-1. At worst, this was negligence on the agent's part and not sufficient grounds for a Franks hearing, cf. Franks, supra, 438 U.S. at 171.
But keeping the material arising from CS-1, there is a sufficient basis to support a finding of probable cause and, despite any misgivings regarding CS-2, there is no basis for a Franks hearing.
E. Statement Necessary for Probable Cause?
Finally, the Government points to the statements of two other informants, CS-3 and CS-4, as further support for issuance of the wiretap Order (Docket No. 108, Gov't Motion at 4). But these are regarding the activities of Charles Palmer, Sr., which might support a wiretap as to Palmer but cannot be used as probable cause as to Krajas. The only connection between the criminal activity and Krajas are CS-1 and CS-2. Thus, their statements were necessary to establish probable cause to warrant a wiretap as to Krajas.
F. In Summary
Upon reconsideration, this Court finds that Krajas made a substantial preliminary showing for inquiry whether a Franks hearing should be held. The statements of CS-1 and CS-2 were necessary to establish probable cause to monitor Krajas' telephone. There was an omission from the facts presented to Chief Judge Skretny in CS-1's recent criminal history, but that omission was only due to the negligence of the affiant agent as to CS-1. That is not a sufficient basis for a Franks hearing. Given that there was probable cause from CS-1's statements, the fact that CS-2 controlled the consensual recording process (rather than Government agents) and that this may be a material omission not told to the Chief Judge, if putting CS-2's material to one side "there remains sufficient content in the warrant affidavit to support a finding of probable cause, no [Franks] hearing is required," Franks, supra, 438 U.S. at 172.
For the reasons stated above, the Government's motion (Docket No. 108) for reconsideration of the Order for a Franks hearing for defendant George Krajas is granted and upon that reconsideration Krajas' motion for a Franks hearing (Docket No. 76, Krajas Atty. Affirm. ¶¶ 29-35) is denied
So Ordered.
Honorable Hugh B. Scott United States Magistrate Judge
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