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Computer Networks with Cloud Technologies MSc
Important tuition fee information – please read.
Alternative attendance modes for this course
Courses start in September, unless otherwise stated
View course-specific entry requirements
You are expected to have a good Honours degree (at least a Lower Second) from a UK university (or overseas equivalent) in computer engineering, computer science with a knowledge of computer hardware, or in electronic engineering with some programming experience. Relevant work experience will be taken into account. An IELTS score of 6.5 or equivalent will normally be required from applicants whose first language is not English, or who have not studied their secondary and bachelor's degree education in English.
Cloud computing is a technical and social reality today, it represents a dramatic shift in the design of systems capable of providing vast amounts of computing services and storage space. It is also a business reality today as an increasing number of organisations are adopting this paradigm since it increases efficiency, helps improve cash flow and offers many more services and benefits. The rapid shift in IT towards cloud computing is creating a worldwide skills gap. Our MSc course in Cloud technologies and its applications will be taught with respect to their design, architecture and implementation, as well as the use of tools which are used to model the behaviour of cloud based systems.
The MSc in Computer Networks with Cloud Technologies aims to produce postgraduates with an advanced understanding of Cloud based systems and their planning, implementation and maintenance. The course aims to prepare a student with specialist knowledge and skillset in key areas such as cloud architecture, modelling tools, virtualisation, distributed systems, cloud services and management. Students will be able to develop technical solutions and strategies for cloud systems' management and operations. They will also be able to develop the ability to critically evaluate and analyse the associated architectures, management protocols and associated policies for cloud based systems. The course aims to provide experience in the design and implementation of distributed systems and to build applications in the cloud using platforms and toolkits such as Google App Engine, VMware Cloud Foundry, Microsoft Windows Azure, CloudSim, CloudBees, GigaSpaces.
Course structure
Each MSc course consists of three learning modules (40 credits each) plus an individual project (60 credits). Each learning module consists of a short course of lectures and initial hands-on experience. This is followed by a period of independent study supported by a series of tutorials. During this time you complete an Independent Learning Package (ILP). The ILP is matched to the learning outcomes of the module. It can be either a large project or a series of small tasks depending on the needs of each module. Credits for each module are awarded following the submission of a completed ILP and its successful defence in a viva voce examination. This form of assessment develops your communication and personal skills and is highly relevant to the workplace. Overall, each learning module comprises approximately 400 hours of study.
The project counts for one third of the course and involves undertaking a substantial research or product development project. For part-time students, this can be linked to their employment. It is undertaken in two phases. In the first part, the project subject area is researched and a workplan developed. The second part involves the main research and development activity. In all, the project requires approximately 600 hours of work.
Further flexibility is provided within the structure of the courses in that you can study related topic areas by taking modules from other courses as options (pre-requisite knowledge and skills permitting).
Prior to starting your course, you are sent a Course Information and Preparation Pack which provides information to give you a flying start.
MSc Computer Networks Suite of Courses
The MSc in Computer Networks has three distinct pathways:
- Security
- Communications
- Cloud Technologies
The course structure is quite flexible, affording industry-based students an opportunity to attend and accumulate module credits over an extended period of time. It also simultaneously serves the full-time student cohort which generally progresses through the MSc pathway in a single calendar year.
The MSc programmes are short course based and feature assessment through sequentially submitted result portfolios for the work packages, ie the ILPs. These are assigned immediately upon each short course module where the students are able to concentrate their study efforts just on the most recently-taught subject material. This greatly promotes efficient focused learning. The individual oral examination administered for each ILP furnishes valuable experience in oral defence, and frees students from written examination burdens.
The technical tasks undertaken in ILPs, along with the required major project, thoroughly exercise the concepts covered in the course modules and give scope for originality and industry-relevant study. Team-working activities encouraged within modules, along with the all-oral individual examination regimen employed in this Networks MSc Suite, have proven solidly beneficial in refining the communication and employability-enhancing skills that are strongly valued by industry.
Additional costs information
To check what your tuition fees cover and what you may need to pay for separately, see our What tuition fees cover page.
Our students are now working in companies such as ARM Holdings Ltd, BBC, Broadcom, British Aerospace, BskyB, BT, Cisco, Dell, Fujitsu, Google Enterprise, HP, Huawei Technologies, Mitsubishi, Panasonic, Philips, Quinix, Rolls Royce, Sony, Virgin, Xilinx and other medium and smaller companies.
Our research-active staff work in areas such as digital signal processing, ultra-low-power signal processor design, communication networks, distributed computing, microwave filters and circuit design, satellite navigation, and next-generation communication systems. Furthermore, staff are actively involved with industry and these links, together with the research activity, inform the teaching of these state-of-the-art MSc courses.
All of our courses are in the process of seeking accreditation by the Institution of Engineering and Technology.
The types of Job that a graduate from the Networks suite of MSc courses may wish to apply for include:
- Network support engineer
- Network design architect
- Network manager
- Project manager
- Security auditor
- Network security architect
- Distributed systems engineer
- Teaching
- Research and development
Our dedicated Career Development Centre is actively working with an ever-expanding network of over 3,000 employers to provide you with exceptional employability support and guidance. As a result we were nominated as finalists for a significant industry award – the NUE Awards Most Improved Commitment to Employability 2016.
We provide our students with work placements and international opportunities to support them in becoming highly employable, globally engaged graduates, and with one million businesses operating within 20 miles of the University of Westminster, over 84% of our students are in work or further study six months after graduation. Our graduates work in a variety of sectors and organisations, from small/medium-sized companies and start-ups to large not-for-profit organisations and corporates.
During your time at Westminster you will be able to use our comprehensive online vacancy service and meet with our experienced careers consultants, providing you with thorough training and support on CV writing, application forms, interview preparation and assessment centres.
In addition to this, you will receive careers support from academic staff and faculty work placement teams, offering targeted course-specific careers advice and assistance in securing a work placement during your time at Westminster. You can find out more about course-specific career opportunities by visiting the Prospects website.
For more details, visit the employability section on our site.
Career Development Centre
Our Career Development Centre can help and support you throughout your study and after graduation.
We can help you to:
- find part-time/vacation, placement and graduate jobs, including voluntary experience
- explore how to develop the skills that employers are looking for
- plan your career development
- identify your career options
- market yourself effectively in CVs, application forms and at interviews
- develop your enterprise skills
We also organise a range of presentations and networking events with employers, professional bodies, alumni and other organisations throughout the year to help you with career planning.
Find out more about the Career Development Centre.
Work Placements
Our Work Placement Teams are based in your Faculty Registry Office and can help you find a suitable placement, as well as support you in making applications, writing CVs and improving your interview technique.
More details on work placements can be found on our Work placements page.
Career options in your subject area
Our team of careers consultants work closely with Faculty departments to deliver tailored employability support, including subject-specific workshops, employer events and careers information, advice and guidance.
You can also browse the career options available to you after you graduate on the Career Development Centre's Finding work in your subject area pages and on the Prospects website.
The postgraduate courses offered by the Department of Engineering provide a unique mix of practical, hands-on learning and short-course based teaching. They have been designed to equip you with the job-related skills required in robotics, control systems, embedded microprocessors, medical instrumentation, telecommunications, satellite and broadband technologies, wireless technologies, digital signal processing, network security, network communications and networks with cloud technologies.
As an engineering student at the University of Westminster, you will benefit from some of the best teaching and facilities available. Our staff and courses are recognised for their excellence in teaching, and our state-of-the-art laboratories are dedicated to our students.
Recent graduates have gone to work in fields as diverse as broadcasting, aerospace, chip design, mobile communications, medical electronics, embedded systems, network security, control systems and instrumentation and measurement.
Study in the city
If you study at the University of Westminster, everything that London has to offer is on your doorstep.
Our central London campuses are ideally located for the city's fantastic learning institutions including libraries, archives and museums, as well as opportunities for shopping, eating out, enjoying London's nightlife or just simply relaxing.
After choosing your course, one of your biggest decisions will be where to live, and we aim to make that choice as easy as possible. Whether you want to apply for our Halls of Residence or live in private housing, we can help you to find the right accommodation.
Fees, funding, bursaries and scholarships
In recent years the University of Westminster's scholarship scheme has been the largest university scholarships scheme in the UK, and our Scholarships Department won the Times Higher Education inaugural Award for Outstanding Support for Overseas Students.
Personal tutoring
All students on courses of a year or more and who are registered for more than three modules will be allocated a personal tutor.
Your personal tutor will be there to support you from induction onwards, helping you to integrate into the University, academically and socially, at an early stage. They will be able to give you advice and support on academic and personal matters affecting your study, as well as developmental advice through regular individual and group tutorials.
Language support
Polylang is a University-wide programme through which you can study a language as a free choice module.
Personal advice and counselling
While most students overcome any problems with help from friends, family or a personal tutor, the University's free counselling and advice services are there if you need them.
International Westminster
With one of the UK's largest international student populations, the University of Westminster has plenty of experience in giving you the help and support you need to make the most of your time with us.
Study Abroad and Summer School programmes
Westminster's Study Abroad programme has been running for more than 15 years, and is one of the largest in the UK – each year we welcome hundreds of visiting students from universities all over the world.
If you are already studying outside the UK, the programme offers you the opportunity to study with us for one or two semesters, or for a period in the summer.
Sport and recreation
The University has extensive sport and recreation facilities, with a sports hall and gym at Harrow, a state-of-the-art gym at Regent Campus, and the University sports ground by the River Thames at Chiswick.
Students' Union
University of Westminster Students' Union (UWSU) aims to make sure you have the best university experience possible by providing a range of activities and support, from sports clubs to society groups, educational advice and social events.
Computer and Network Engineering - why Westminster?
Find out about student successes, career possibilities, our teaching excellence and more…
Postgraduate student funding
Find out about new student loans of up to £10,000 for postgraduate master's study.


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The Google Now voice assistant that Google introduced on Android almost a year ago is now available for iPhone, iPad and iPod touch. Like the Android version, this Siri competitor hope to make your life easier by predicting your searches, providing excellent voice recognition, and presenting you with cards which show you information you need "Now."
Sadly, though, Google is restricted in terms of being able to implement the service. Unlike Android, Google Now for iOS runs within the–previously almost useless–Google app.
Google's Director of Android User Experience Matias Duarte told NBC News that while the app contains much of the design language present from its Android counterpart, this implementation has made some changes.
"We don't want to just uniformly force one experience on to anyone, regardless of the platform," he explained. "It has to be a good visitor in the country it lives in, while still retaining its unique identity. You need to accommodate the environment your experience lives in."
Google Now may be one of Siri's only real competitors but, for all intents and purposes, Google Now wins every time. We at iFans have even noted Siri needing a complete overhaul soon if it wants to stay relevant. Unlike Siri, Google Now learns your habits and provides you information you may need via "Cards" without ever having to go search for it.
Google Now comes as an update to the Google's official iOS update and is available right now on the App Store.

subset: commoncrawl


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Daily News Where you Live
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Portland wants to appeal federal police oversight judge
Wyden blasts Russian intervention during election at talk with Hillsboro High School students
Who's a good boy? Max (or Lucy), that's who
Zoo suspends Packy's TB treatment -- for now
Columbia taps NY runner, UK rugby player as 'Directors of Toughness'
Sustainable Life
Gresham man found in Lane County
A handicapped man missing from a Gresham adult care facility has been found in Lane County.
Scott Allen, 51, was at Chestnut Lane, located 1200 block of N.E. 6th street in Gresham. Staff believes he left sometime between 8:30 p.m. on Wednesday, Aug,20, and 8:30 a.m., on Thursday, Aug 21.
According to the Gresham Police Department, at 11:30 a.m. on On Aug. 24, a Lane County Sheriff's deputy located Allen while responding to a call of a disoriented man at a gas station in Veneta, Ore., which is 12 miles west of Eugene. It is unclear how Allen got to Veneta but he told police that he was heading for a relative's home in California.
Allen was not injured but was taken to a hospital in Eugene to have his medical and mental status evaluated. Staff at Chestnut Lane has been notified and they are working with the Lane County Sheriff's Office and the hospital to have Allen transported back to Gresham.
Allen has a previous brain injury that has left him with no short-term memory. He also suffers from seizures and takes medication for them, which he did not have with him.


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Shares of CentralNic Group Plc (LON:CNIC), sank after releasing its financial results for the six months ending June 30, 2016. After hitting a 52 week low of 38p, shares of CentralNic closed at 39.5p down over 14% from its previous closing price of 46p. Over 1,000,000 shares were traded in the company which has an average daily volume (3m) of just over 84,000 shares. CentralNic has a 52 … [Read more...]
CentralNic Revenue up 100% & Gross Profit Up 19% in 1st Six Months of 2016
CentralNic Group Plc (LON:CNIC), today announced its half year results for the six months ended June 30th 2016. For the six months to June 30, the company reported £45.08mln of billings - the gross amount charged for domains before revenue sharing - which represents an 468% increase compared to the same period of 2015. CentralNic's revenue amounted to £8.9mln, double the £4.44mln in the … [Read more...]
Longest Domain Escrow Ever? XND.com In Sedo Escrow For 6+ Years Just Transfers
The domain name XND.com just transferred to a new owner yesterday, someone in China. A three letter .com finding its way to China is certain not news, but what is really interesting about this domain is that is sold back in January 2010 for $10,500. The domain name according to Domaintools.com has been sitting in escrow every since. That's right over 6 1/2 years: Here is how the whois … [Read more...]
Looks Like At Least 4 Brands Paid Tens of Thousands Each To Register 6 .Shop Domain
Yesterday, September 1, 2016, was the first day of the Early Access Program (EAP) for .Shop. I found six .Shop domain registrations that were made on September 1 by 4 brand-holders. It's possible these registrations could have been made in the Sunrise period if the brands were registered with the Trademark Clearinghouse but Sunrise for .Shop closed on August 29, 2016. First day of EAP … [Read more...]
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According to tradecalls.com; Sabal Capital Management reduced its stake in Rightside Group Ltd by 10.0% during the most recent quarter end. The investment management company now holds a total of 312,868 shares of Rightside Group Ltd which is valued at $3,707,486 after selling 34,746 shares in Rightside Group Ltd , the firm said in a disclosure report filed with the SEC on Aug 12, … [Read more...]
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LogicBoxes has launched the Elite Reseller Program which focuses on high potential Web Hosts, Domain Resellers and ICANN Registrars. LogicBoxes according to a press release we just received, will now be made available to Web Hosts from all the segments of the industry. Furthermore, the localization features of OrderBox would enable them to leverage the benefits of this program from any … [Read more...]
.Win Becomes 4th New gTLD To Break 1 Million Registrations
The new gTLD .Win has become the 4th new gTLD to break the 1 million domain registration mark. According to RegistrarStats.com, which also takes into account deleted domains .Win has 1,000,093 domains registered. The other 3 new gTLD's that have over 1 million domain names are .Wang (1,064,728); .Top (2,793,356); and .XYZ (6,195,695). 4 of the top 10 gTLD with the most registrations are … [Read more...]


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OECD warning05 Jun 2008
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OECD cautions central banks against rate cuts amid global downturn
The world economy will suffer its slowest growth for six years in 2008-09 as the global credit crunch and house price slump cause the giant US economy to stall, the Organisation for Economic Cooperation and Development said on Wednesday.
In its twice-yearly economic outlook, the Paris-based club of the world's 31 wealthiest nations, said the combined growth of its members would be just 1.8% this year and 1.7% next year, well down from its 2.3% and 2.4% forecasts last December. The OECD warned central banks around the world to hold off further interest rate cuts because of the inflationary perils arising from surging food and oil prices.
The organisation thinks the US economy will contract in the current quarter and grow a meagre 1.2% this year as a whole and 1.1% next year, half the pace it had expected in December. The OECD shaved its eurozone forecasts to 1.7% this year and only 1.4% next year.
Jorgen Elmeskov, acting chief economist for the OECD, said the US Federal Reserve should significantly tighten monetary policy beginning in the middle of next year, while the ECB should stay on hold until the end of next year to hit its target of reducing inflation to slightly below 2%.
The Bank of Japan should stay on hold, too, until Japan's underlying inflation rate is in "firmly positive territory and the slide back into deflation is ruled out", Elmeskov said.
The international body slashed its forecasts for UK growth from 2% to 1.8% for this year and from 2.4 to 1.4% next year, much lower than the current Treasury forecasts of 2% and 2.5%. The OECD also recommended the Bank of England should hold off from further interest rate cuts to stimulate the economy as inflationary pressures persist. The Bank's Monetary Policy Committee is on Thursday widely expected to leave rates at 5%, the highest in the G7.


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Community RedevelopmentCommunity
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Beautification Board Meeting
Dec 13 5:00 PM
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Dec 15 5:30 PM
Firefighters Pension Board Meeting
Dec 16 5:00 PM
Council Meeting
Dec 19 7:00 PM
Brooksville Housing Authority Meeting
Dec 20 5:00 PM
Christmas Eve Holiday Observed - City Offices Closed
Dec 23 12:00 AM 12:00 AM
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|Good Neighbor Trail Advisory Committee
On Monday, March 6, 2000, City Council appointed the following individuals to serve on the twelve (12) member "Good Neighbor Trail Advisory Committee". In 2003, City Council updated the Committee membership to include a trails enthusiast and reduced the number of committee members to ten. This Committee is a sub-committee of the City's Parks & Recreation Advisory Board. The purpose of the Committee is to assist in the implementation of the Good Neighbor Trail Management Plan, which includes annual surveying of the site for exotic pest vegetation, animals, natural resources-ecosystem (including a specimen tree survey), and an initial historic resource survey.
GNT 2016 Annual Stewardship Report
Hernando County Planning Department
Carole Knudson- VICE CHAIR
Tourism Bureau
Robert Battista
Brooksville City Council
John Beatty
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Ronald Daniel
Historical Society
Dawn Fish
Richard Gant
COB Parks and Recreation Advisory Board
Eugene Kelly
Florida Native Plant Society/FL Fish & Wildlife Conservation Commission
Jan Knowles
Vincent Morris
State of Florida Division of Forestry
Ronette Snyder
Parks & Recreation Director
Phone: 352-540-3830
Community Development Director
Phone: 352-540-3810
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Phone: 352-540-3810


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decided: March 21, 1984.
DAVID M. BARASCH, ACTING CONSUMER ADVOCATE, PETITIONERv.PENNSYLVANIA PUBLIC UTILITY COMMISSION, RESPONDENT. PHILADELPHIA ELECTRIC COMPANY, PETITIONER V. PENNSYLVANIA PUBLIC UTILITY COMMISSION, RESPONDENT
Appeals in cases of David H. Barasch, Acting Consumer Advocate v. Pennsylvania Public Utility Commission and Philadelphia Electric Company v. Pennsylvania Public Utility Commission.
Irwin A. Popowsky, with him, David Wersan, for petitioner/intervenor, Office of Consumer Advocate.
Walter R. Hall, II, with him, David B. MacGregor and Jack E. Jerrett, Morgan, Lewis & Bockius, and Edward G. Bauer, Jr., General Counsel, for petitioner/intervenor, Philadelphia Electric Company.
Charles F. Hoffman, Chief Counsel, with him, Marlane Chestnut, Assistant Counsel, and Veronica A. Smith, for respondent.
Wayne L. Emery, with him, Susan L. Rockwell and Kenneth R. Pepperney, for interveners, United States Steel Corporation.
Herbert Smolen, with him, Michael S. Chuhinka, for intervenor, City of Philadelphia.
David M. Kleppinger, McNees, Wallace & Nurick, with him, Edward J. Riehl, for intervenor, Philadelphia Area Industrial Energy Users Group.
Judge Doyle. Opinion by Judge Doyle.
[ 83 Pa. Commw. Page 552]
On November 23, 1983 the Pennsylvania Public Utility Commission (PUC or Commission) entered a final Order in Pennsylvania Public Utility Commission Page 553} v. Philadelphia Electric Co., Docket No. R-822291, granting the Philadelphia Electric Company (PECO) $143.5 million of a requested rate increase of $228.2 million. On December 7, 1983, the Office of Consumer Advocate (OCA) filed with the Commission a Petition for Reconsideration based upon a recent decision of this Court filed on November 29, 1983, viz., Walter W. Cohen v. Pennsylvania Public Utility Commission, No. 197 C.D. 1983. The sole ground for the OCA's Petition for Reconsideration was the specific issue of the proper ratemaking treatment to be given to PECO's consolidated federal income tax expense.
Subsequently, on December 21, 1983, the OCA filed a Petition for Review of the Commission's November 23, 1983 final order on four grounds, which are as follows:*fn1
(a) the inclusion in the rate base of $70.8 million in investment in nuclear fuel in process;
(b) the inclusion in rate base of $20.9 million in construction work in progress on transmission facilities;
(c) the recovery of $10 million in expenses for future costs of terminating leases on gas turbines presently in service; and
(d) the inclusion in the rate base of $7.4 million in land held for future use.
PECO then filed a praecipe to strike the OCA's Petition for Review pursuant to Pa. R.A.P. 1701(b)(3) which provides, in pertinent part:
A timely order granting reconsideration under this paragraph shall render inoperative any
[ 83 Pa. Commw. Page 554]
such notice of appeal or petition for allowance of appeal or petition for review of a quasi-judicial order theretofore or thereafter filed or docketed with respect to the prior order, and the clerk of any court in which such an inoperative notice or petition is filed or docketed shall upon praecipe of any party note on the docket that such notice or petition has been stricken under this rule.
PECO advances the argument that the PUC's decision regarding the treatment given the company's consolidated income tax expense, albeit only one element of PECO's total revenue requirements, would necessarily and significantly impact upon the PUC's ultimate determination of just and reasonable rates. Therefore in any adjudication by this Court of the four issues under judicial review, an indispensable element would be missing in our determination of (1) whether said rates produce a total revenue level which is confiscatory when viewed against the financial condition and requirements of PECO, and (2) whether said rates are based upon a revenue requirement which has been determined consistent with applicable legal requirements for the determination of rate base, expense and cost of equity issues.
The OCA argues to the contrary, that the singular issue concerning the treatment of PECO's consolidated tax return is not so inextricably entwined in the ultimate determination of a just and reasonable rate that it would preclude, or even impede, judicial review of the other four issues which form the basis of the Petition for Review. We are inclined to agree.
The decision which must be made at this stage of the administrative and judicial review, since both are presently operative on the bifurcated issues, requires us to determine in a preliminary proceeding, what
[ 83 Pa. Commw. Page 555]
effect a determination by the PUC would have on our review. While it may be true that every adjustment to PECO's rate base will necessarily have some effect on the ultimate determination of what are just and reasonable rates, it is likewise obvious that not every issue is of such consequence that it would defy severance and so prohibit reasonable and effective judicial review. Any decision or adjustment by our Court could be remanded to the Commission for final computation. We are of the opinion that if the separate issues are clear and distinct, and if the effect of a decision by the PUC regarding the issue which is the subject of the PUC's reconsideration is not so sizable in magnitude or prominence so as to preclude judicial review, the staying effect of Pa. R.A.P. 1701(b)(3) should not be imposed. This Court announced in Westinghouse Electric Corp. v. Public Utility Commission, 44 Pa. Commonwealth Ct. 407, 404 A.2d 712, reargument denied, Pa. Commonwealth Ct. , 407 A.2d 65 (1979), by a per curiam order:
In any case, we do not construe Pa. R.A.P. 1701(b)(3) as rendering inoperative issues on appeal which were not the subject of an application for reconsideration. Indeed, we understand that Bell's claim for the $9.4 million in revenues not allowed in PUC's original order was not raised in Bell's appeal. Surely, Rule R.A.P. 1701(b)(3)(ii) was not intended to render inoperative on appeal of issues which were not the subject of a request for reconsideration ; and we certainly did not intend to so hold. (Emphasis added.)
See Walter W. Cohen v. Pennsylvania Public Utility Commission, (No. 362 C.D. 1982, filed March 9, 1982).
Accordingly, the praecipe to strike the petition for review filed by PECO is hereby denied.
[ 83 Pa. Commw. Page 556]
Now, March 21, 1984, the praecipe to strike the petition for review filed by PECO is hereby denied.
Praecipe to strike petitions denied.
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Thursday, October 20, 2016
SHOWCASE: Featured on Tale of Painters blog!
Tuesday, October 18, 2016
3rd Anniversary and 200K views!
We want to say, "thank you" to everyone who visits and comments. We hope our articles are informative, helpful and inspirational. And although it's been a while since we've posted regularly, we're not down for the count - in fact, I've just recently dusted off my hobby table...
- trip & deet
Monday, June 20, 2016
WIP: Alpha Legion- Knocking the Dust Off
Finally found some inspiration to break out the brushes after a long time off. Hooked up the airbrush and booth and batch painted up some bare heads for my troops.
I'm definitely rusty. A couple of the heads are coming out pretty well, but the others...yeesh. Bare human heads have never been my strength. I've got my best attempts and maybe my worst, both in this batch. The Vallejo skin tone set is a nice addition though. I think I'll get better results moving forward.
Where you at, Trip? Let's fire this thing back up!
Posted by Deet at 9:04 AM 4 comments:
Labels: Alpha Legion, Paint, WIP
Thursday, May 12, 2016
ANNOUNCEMENT: On Hiatus
You may have noticed we've been a little... absent lately. Yup. That happened. Trip's got a new job, I've got a new house with a wicked commute, it's all conspiring against our regular twice-weekly posting regimen. We've thought about shutting it down, but I think we both still enjoy the hobby and posting about it. For the time being, just consider us to be on hiatus and we'll get posts up if and when we've got something meaningful to say.
Hope you're all doing great, and we'll look forward to talking Little Plastic Men with you in the near future.
Thursday, April 21, 2016
TRAVEL: Stockholm
Was incredibly lucky to get to travel to Stockholm for work this week. Beautiful city, and at least one fantastic game store!
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Tuesday, April 19, 2016
WIP: The Emperor's Champion Kitbash
Thursday, April 7, 2016
WIP: Alpha Legion Troops
Tuesday, April 5, 2016
WIP: Imperial Guard Part 3, the shocking twist!
Thursday, March 31, 2016
WIP: Alpha Legion
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Labels: Alpha Legion, WIP
Thursday, March 24, 2016
WORKSPACE: Deet's Hobby Room 2.0 Is Born
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July 30, 2012
DAVID CHO, AN INDIVIDUAL,PLAINTIFF,v.CITIBANK, N.A., A NATIONAL ASSOCIATION, AMERICAS SERVICE COMPANY, A LOAN SERVICING CORPORATION, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., A DELAWARE CORPORATION, DEFENDANTS.
This action arises from Plaintiff David Cho's allegation that the deed of trust for a residential home mortgage involving Defendants Citibank, Americas Service Company ("ASC"), and Mortgage Electronic Registration Systems ("MERS") (collectively "Defendants") was defective and therefore could not provide as the basis for foreclosure. Defendants now moves to dismiss the First Amended Complaint ("FAC"), which asserts five causes of action: 1) Declaratory Judgment Re: Trust Deed; 2) Slander of Title; 3) Lack of Standing and Request to Set Aside Trustee's Sale; 4) Wrongful Eviction; and 5) Injunction. Plaintiff opposes.
The Court found this motion suitable for determination on the papers submitted and without oral argument. See Civ. L.R. 7.1(d.1). (Doc. 5.) For the following reasons, the Court GRANTS WITHOUT LEAVE TO AMEND Defendant's motion to dismiss the FAC.
Shannon Cho owned real property located at 9629 Misty Meadow Lane, Escondido, California ("Property"). (FAC ¶ 8.) On January 19, 2007, she executed a promissory note secured by a deed of trust ("DOT") on the property. (Id. at ¶ 10-11.) Homewide Lending, Corp. was the lender of the loan, First American Title Company was the trustee under the deed of trust, and MERS was designated as the beneficiary under the deed of trust, acting solely as the nominee for Lender and Lender's successors and assigns. (Id. at ¶ 11, Ex. C.)
On or around January 27, 2010, Cho defaulted under the terms of the note and was served with a Notice of Default and Election to Sell ("NOD") by NDex West, LLC, acting as an agent for defendant ASC. (FAC ¶ 12, Ex. D.) Around January 2010, Cho alleges that she initiated her loan modification. (FAC ¶ 13.) Plaintiff David Cho ("Plaintiff"), Shannon Cho's brother, alleges that Defendant ASC failed to inform her that it was the mortgagee under the 2007 DOT and that Cho had believed her loan payments were being made to the lender Homewide. (FAC ¶ 12-13.)
Defendant MERS recorded an Assignment of Deed of Trust on February 16, 2010, where it purportedly assigned the 2007 DOT to Defendant Citibank. (FAC ¶ 14, Ex. E.) On March 3, 2010, a Substitution of Trustee was recorded by NDex West, as agent for defendant Citibank, where the trustee under the 2007 DOT, First American Title Company, was substituted out in place of NDex West. (FAC ¶ 15, Ex. F.) On April 28, 2010, a Notice of Trustee's Sale was recorded by defendant Citibank against the Property with the trustee's sale to take place on May 20, 2010. (FAC ¶ 15, Ex. G.) The Property was sold to defendant Citibank on December 2, 2010 at the trustee's sale. (FAC ¶ 17, Ex. I.)
On or around May 12, 2011, Plaintiff, through a power of attorney, filed a complaint in the Superior Court of the State of California, County of San Diego. (Def.'s Motion 1:12-14.) Defendant filed a demurrer to the Original Complaint pursuant to California Code of Civil Procedure § 430.10(e). (Def.'s Motion 1:21-22.) On May 15, 2012, Plaintiff served Defendant his First Amended Complaint. (Id. at 1:23.) In his FAC, Plaintiff asserts five causes of action:
1) Declaratory Judgment Re: Trust Deed; 2) Slander of Title; 3) Lack of Standing and Request to Set Aside Trustee's Sale; 4) Wrongful Eviction; and 5) Injunction.
On June 11, 2012, Defendants removed this action to the United States District Court of the Southern District of California in San Diego, California under 38 U.S.C. § 1446(b)(3). (Doc. 1.) Defendants now moves to dismiss the FAC based on Federal Rule of Civil Procedure 12(b)(6). (Doc. 3.)
The court must dismiss a cause of action for failure to state a claim upon which relief can be granted. Fed. R. Civ. P. 12(b)(6). A motion to dismiss under Rule 12(b)(6) tests the legal sufficiency of the complaint. Navarro v. Block, 250 F.3d 729, 732 (9th Cir. 2001). The court must accept all allegations of material fact as true and construe them in light most favorable to the nonmoving party. Cedars-Sanai Med. Ctr. v. Nat'l League of Postmasters of U.S., 497 F.3d 972, 975 (9th Cir. 2007). Material allegations, even if doubtful in fact, are assumed to be true. Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007). However, the court need not "necessarily assume the truth of legal conclusions merely because they are cast in the form of factual allegations." Warren v. Fox Family Worldwide, Inc., 328 F.3d 1136, 1139 (9th Cir. 2003) (internal quotation marks omitted). In fact, the court does not need to accept any legal conclusions as true. See Ashcroft v. Iqbal, 556 U.S. 662, 667 (2009).
"While a complaint attacked by a Rule 12(b)(6) motion to dismiss does not need detailed factual allegations, a plaintiff's obligation to provide the 'grounds' of his 'entitlement to relief' requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do." Twombly, 550 U.S. at 555 (internal citations omitted). Instead, the allegations in the complaint "must be enough to raise a right to relief above the speculative level." Id. "To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face.'" Iqbal, 129 S. Ct. at 1949 (citing Twombly, 550 U.S. at 570). "A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Id. "The plausibility standard is not akin to a 'probability requirement,' but it asks for more than a sheer possibility that a defendant has acted unlawfully."
A complaint may be dismissed as a matter of law either for lack of a cognizable legal theory or for insufficient facts under a cognizable theory. Robertson v. Dean Witter Reynolds, Inc., 749 F.2d 530, 534 (9th Cir. 1984).
Generally, courts may not consider material outside the complaint when ruling on a motion to dismiss. Hal Roach Studios, Inc. v. Richard Feiner & Co., 896 F.2d 1542, 1555 n.19 (9th Cir. 1990). However, documents specifically identified in the complaint whose authenticity is not questioned by parties may also be considered. Fecht v. Price Co., 70 F.3d 1078, 1080 n.1 (9th Cir. 1995) (superceded by statutes on other grounds). Moreover, the court may consider the full text of those documents, even when the complaint quotes only selected portions. Id. It may also consider material properly subject to judicial notice without converting the motion into one for summary judgment. Barron v. Reich, 13 F.3d 1370, 1377 (9th Cir. 1994).
As a threshold matter, Defendants argue that all of Plaintiff's causes of action fail because he cannot tender the amounts owed as required in order to challenge a trustee's sale. (Defs.' Motion 4:4-18.) Plaintiff responds that tender is not required because he is challenging Defendants' standing--a cause of action for which he believes tender is not required. (Pl.'s Opp'n 14:9-10.) For the following reasons, the Court finds that tender is required, and therefore Plaintiff's causes of action all fail because of his failure to allege the ability to tender.
"The rules which govern tenders are strict and are strictly applied." Nguyen v. Calhoun, 105 Cal. App. 4th 428, 439 (2003). "A tender is an offer of performance made with the intent to extinguish the obligation." Arnolds Mgmt. Corp. v. Eischen, 158 Cal. App. 3d 575, 580 (1984). "A tender must be one of full performance . . . and must be unconditional to be valid." Id. "Nothing short of the full amount due the creditor is sufficient to constitute a valid tender, and the debtor must at his peril offer the full amount." Rauer's Law & Collection Co. v. Sheridan Proctor Co., 40 Cal. App. 524, 525 (1919).
"[A]n action to set aside a trustee's sale for irregularities in sale notice or procedure should be accompanied by an offer to pay the full amount of the debt for which the property was security." Karlsen v. Am. Sav. & Loan Ass'n, 15 Cal. App. 3d 112, 117 (1971). "A valid and viable tender of payment of the indebtedness owing is essential to an action to cancel a voidable sale under a deed of trust." Id. In the case of a voidable trustee's sale, the defaulting borrower has a right to redeem the property. Id. at 121. When the borrower "fails to effectively exercise [the] right to redeem, the sale becomes valid and proper in every aspect." Id. A cause of action "implicitly integrated" with the irregular sale also fails, unless the defaulting borrower can allege and establish a valid tender. Id.
Here, all of Plaintiff's causes of action depend on the purported invalid foreclosure sale resulting from various documents recorded in foreclosing the property (see FAC ¶¶ 20-27, 32-55)-or, in other words, due to irregularities in the sale procedure-and are therefore "implicitly integrated" with it. These documents include the notice of default, notice of trustee's sale, substitution of trustee, and assignment of deed of trust.*fn1 Consequently, Plaintiff must establish valid tender. See Karlsen, 15 Cal. App. 3d at 121. But Plaintiff does not deny that he fails to allege the requisite tender. Rather, he contends that tender is not required because he is challenging Defendants' standing rather than the foreclosure sale.
Plaintiff directs the Court to Lona v. Citibank, N.A., 202 Cal. App. 4th 89 (2011), for the proposition that tender is not required where Plaintiff denies any liability, relationship or privity of contract with Defendant. (Pl.'s Opp'n 14:11-13.) That is an incomplete representation and the case here is distinguishable from Lona. In Lona, the court held that the homeowner was not required to produce tender of the debt because he was attacking the validity of the underlying loan and deed of trust as unconscionable. See Lona, 202 Cal. App. 4th at 105. The plaintiff in
had an eighth grade education from Mexico and came to the United States at the age of 15. . at 97-98. Lona's English was limited and he had testified through an interpreter at his deposition. Id. He claimed that he did not fully understand the loan documents that he had signed. Id. Plaintiff has noticeably omitted these facts from Lona in his opposition. Furthermore, Lona does not address the issue of defendant's standing, which is what Plaintiff is challenging here. (Pl.'s Opp'n 14:10-11.) Lastly, Plaintiff cites Lona for an inapplicable proposition since Plaintiff does not deny "any liability, relationship or privity of contract with Defendant." (See FAC.) Accordingly, the Court finds this argument without merit.
In sum, Lona fails to provide Plaintiff any relief from the tender rule.*fn2 And he fails to show that the foreclosure is void. See Lona, 202 Cal. App. 4th at 105. Therefore, Plaintiff must allege the ability to tender, but fails to do so. See Karlsen, 15 Cal. App. 3d at 121.Due to this, Plaintiff's claim fails to meet the Twombly pleading standard. See Twombly, 550 U.S. at 570. But the Court will continue its analysis and briefly address Plaintiff's causes of action.
B. Plaintiff Fails To Plead Sufficient Facts Showing That He Has A Plausible Claim For Declaratory Judgment Re: The Trust Deed.
The borrower of a promissory note may not bring an action to determine whether the owner of the note had authority to conduct a non-judicial foreclosure. Gomes v. Countrywide Home Loans, Inc., 192 Cal. App. 4th 1149, 1154 (2011). California has a comprehensive non-judicial foreclosure scheme that is covered in Civil Code sections 2924 through 2924k, which provides for a non-judicial foreclosure sale pursuant to a power of sale contained in the deed of trust. Id. The three primary purposes of having this scheme are:
(1) to provide the creditor/beneficiary with a quick, inexpensive and efficient remedy against a defaulting debtor/trust; (2) to protect the debtor/trustor from wrongful loss of the property; and (3) to ensure that a properly conducted sale is final between the parties and conclusive as to a bona fide purchaser.
Moeller v. Lien, 25 Cal. App. 4th 822, 830 (1994).
"These [non-judicial foreclosure] provisions cover every aspect of exercise of the power of sale contained in a deed of trust." I.E. Associates v. Safeco Title Ins. Co., 39 Cal.3d 281, 285 (1985). Accordingly, California courts have refused to read any additional requirements into the non-judicial foreclosure statute and have refrained from addressing the issue of whether the person initiating the foreclosure process is authorized to do so. Gomes, 192 Cal. App. 4th at 1154-1156. However, the Court will continue and address the rest of Plaintiff's contentions.
The "MERS System" is a method intended to facilitate the securitization of real property debt instruments.
MERS is a private corporation that administers a national registry of real estate debt interest transactions. Members of the MERS System assign limited interests in the real property to MERS, which is listed as a grantee in the official records of local governments, but the members retain the promissory notes and mortgage servicing rights. The notes may thereafter be transferred among members without requiring recordation in the public records.
Fontenot v. Wells Fargo Bank, N.A., 198 Cal. App. 4th 256, 267 (2011).
Although the MERS System has been challenged, California courts have come down on the side of MERS. Id.
Plaintiff claims that the 2007 DOT is defective because it vests legal title and the power of sale in two entities simultaneously. (FAC ¶ 20, Ex. C.) Plaintiff alleges, on information and belief, that because MERS had the possession of the private right of sale, it placed both MERS and First American Title Company simultaneously in the role as trustee because both entities possessed legal title and the power of sale. (FAC ¶ 20.) Due to this, Plaintiff claims the deed of trust could not have provided the basis for a valid foreclosure. The 2007 DOT designates MERS as both the "nominee for the beneficiary" and as the "beneficiary." (Ex. C.) This does not place MERS in a dual role because, as acting as a nominee for the beneficiary, MERS is essentially acting as an agent for the lender. See Fontenot, 198 Cal. App. 4th at 272-73. "The legal implication of this designation is that MERS may exercise the rights and obligations of a beneficiary of the deed of trust, a role ordinary afforded the lender, but it will exercise those rights and obligations only as an agent for the lender, not for its own interests." Id. Therefore, MERS's possession of a private right of sale was in its capacity as an agent for the lender.
Additionally, Plaintiff alleges that the NOD was unlawful and the foreclosure sale should be set aside for a variety of reasons. First, Plaintiff alleges that there was no recorded assignment of the 2007 DOT from Homewide/MERS to ASC prior to the NOD. (FAC ¶ 26.) Next, Plaintiff contends that NDex West did not have standing to commence the foreclosure process as of January 2010 because it did not have the authority to act as the trustee. (Id.) Lastly, Plaintiff claims that at no time was defendant MERS the agent or nominee of defendant ASC, and therefore, MERS had no interest in the 2007 DOT to assign. (Id.)
The Court shall address each of Plaintiff's contentions in turn. Contrary to Plaintiff's assertion, notes transferred among members of the MERS system do not have to be recorded in public records. See Fontenot, 198 Cal. App. 4th at 267. The Court will abstain from addressing the issue of whether NDex West had standing to commence the foreclosure process. "[N]owhere does the statute [for non-judicial foreclosure] provide for a judicial action to determine whether the person initiating the foreclosure process is indeed authorized, and we see no ground for implying such an action." Gomes, 192 Cal. App. 4th at 1155. Lastly, "[t]o state a claim, plaintiff was required to allege not only that the purported MERS assignment was invalid, but also that [Citibank] did not receive an assignment of debt in any manner." See Fontenot, 198 Cal. App. 4th at 271-272. Therefore, it is not enough for Plaintiff to argue that MERS had no interest in the 2007 DOT to assign to Citibank. Rather, he must allege that Citibank did not receive a valid assignment of the debt in any manner. See id. (emphasis added.)
For the foregoing reasons, Plaintiff does not have a plausible claim for declaratory relief based on his pleadings.
C. Plaintiff's Remaining Four Causes of Action Do Not Meet The Pleading Standard Set Out in Twombly.
Plaintiff's remaining causes of action--Slander of Title; Lack of Standing and Request to Set Aside Trustee's Sale; Wrongful Eviction; and Injunction--do not state plausible claims on its face. All of these causes of actions are premised on the assumption that the MERS assignment to Citibank was invalid. As discussed above, this argument lacks merit. Accordingly, because the remainder of his claims are based on a legally faulty assumption, they will be dismissed.
In light of the foregoing reasons, the Court GRANTS WITHOUT LEAVE TO AMEND Defendants' motion to dismiss the FAC. See Cervantes v. Countrywide Home Loans, , 656 F.3d 1034, 1041 (9th Cir. 2011) ("[A] district court may dismiss without leave where . . . amendment would be futile."). The Clerk of the Court is directed to close this case.
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You cannot spend your time more productively than in building a network of other entrepreneurial women to advise, support and guide you – and vice versa. Here are some ways to get your networking going.Entrepreneurs spend so much time IN their businesses, they can forget to spend time focusing ON their business. It's easy to lose sight of the big picture when you're stuck in the weeds all day. That's one reason why it's so important to have a support network of other entrepreneurial women. But how do you build one?
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text: Enjoyed the food here, some from the early evening limited choice others from the main menu but all was very good , nicely served and fair value for the area which generally feels pricey to uk visitors. Would eat here again and also use the pub area. Really lovely old building added to the atmosphere. Good service and welcoming staff... More


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Report writing: Time management
Report Writing consists of many areas that are important and combine to ensure a successful prosecution. This includes a writing factually accurate report and the need to remember time management techniques in order to complete a report. In this segment, William Fogarty suggests the writer understand the need to complete a report using good time management techniques.
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Although guests might not find many recreational activities on-site at Wexford Hotel, that certainly shouldn't imply there aren't plenty of other fun things to see and do when you visit Jamaica.
At Wexford Hotel, guests will have access to one pool. Being out and about in Jamaica will keep you busy enough, so lounging at the property's pool might not come to mind, but it can be a fun and convenient place to hang out. Plus this property is found right next to the water, so there's plenty of fun ways to enjoy the sunlight when you stay here.
Although there isn't a golf course at Wexford Hotel, you can always ask the property's staff about trying to arrange a tee time nearby. Courses nearby include SuperClubs Ironshore Golf & Country Club, White Witch Course, and Half Moon Golf Course. All of them are within seven miles and the most nearby of the group, SuperClubs Ironshore Golf & Country Club, is easily within a car ride, so hire a car and head over for a great golfing experience. The course has a total of 18 holes. The total length is 6285 yards, and it's been rated a par 71. If you're considering reserving a tee time, the course can be reached at (876) 953-3681.
Families often stay at Wexford Hotel, even though you might not see a lot of different activities specifically intended for youngsters. If you want a hotel to stay with a lot more features that are tailored specifically for children, you might want to consider properties rated best for family vacations.
The on-site baby-sitter is available whenever parents feel like they need alone time.
At times, you might want to spend a few hours away from the kids. The staff can make arrangements for a babysitter, so parents have the opportunity to take some time for themselves.
Despite the lack of live entertainment, this site does have a couple of places to grab a cocktail.
Another option when you're looking for nighttime activities is to visit one of the other accommodations in the area. Though it should be noted that the hotels surrounding your own are not as highly rated with regards to nightlife as others, these options are in the following chart:
|Property Name
|Number of Bars
|Live Entertainment
|Breezes Montego Bay
|1.0 mi. North-Northwest of Downtown Montego Bay
|Royal Decameron Montego Beach Hotel
|1.2 mi. North of Downtown Montego Bay
|Casablanca Beach Hotel
|0.9 mi. North-Northwest of Downtown Montego Bay
|El Greco Resort
|0.9 mi. North of Downtown Montego Bay
|Tobys Resort
|1.2 mi. North of Downtown Montego Bay
|Hotel Gloriana
|1.2 mi. North of Downtown Montego Bay
|Doctor's Cave Beach Hotel
|0.9 mi. North-Northwest of Downtown Montego Bay
|Grandiosa Hotel
|1.0 mi. North of Downtown Montego Bay
|Sandals Carlyle
|1.3 mi. North of Downtown Montego Bay
|Verney's Tropical Resort
|1.0 mi. North of Downtown Montego Bay
|Coral Cliff Hotel
|0.8 mi. Northwest of Downtown Montego Bay
|Gloustershire Hotel
|0.7 mi. Northwest of Downtown Montego Bay
When you'd like to do a little gambling, you can visit the closest casino, Treasure Hunt Montego Bay.
On top of what's available on the property, guests who want to go exploring won't ever run out of exciting recreational possibilities in Jamaica. No matter if you would rather spend time on a sunny beach or enjoy a round or two of golf, you can find lots of other options for recreation in your immediate surroundings. Click on these links to learn more concerning sightseeing, scuba diving, riding a bike or scooter, shopping, fishing, snorkeling, and other activities you might enjoy.
Help us improve! We welcome your corrections and suggestions.


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KeyBank is a regional bank headquartered in Key Tower within Cleveland, Ohio's Public Square. As of 2007, it is the 19th largest bank in the United States based on total deposits. It is the 24th largest bank in the United States by total assets. KeyBank National Association is a nationally chartered bank, regulated by the Office of the Comptroller of the Currency, Department of the Treasury. KeyBank has approximately 17,468 employees and a diverse client base. Key's customer base spans retail, small business, corporate, and investment clients. There are 1,078 KeyBank branches, located in Alaska, Colorado, Connecticut, Idaho, Indiana, Kentucky, Maine, Michigan, New York, Ohio, Oregon, Utah, Vermont, and Washington, and 1,479 ATMs. KeyCorp maintains business offices in 31 states.
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Viola Davis: "It wasn't until I started really justifying my choices with 'The Help' that I really started to find my voice"
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Portman speaks about the challenges with playing the famous First Lady.
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Nicole Kidman on Roles She Turned Down: "It's just the journey"
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mCloud Apps are business school course applications published in a cloud-like format. They are freely available to all current business students and to non-business students enrolled in business courses that require certain software as part of their course work. The applications are accessed using a Remote Desktop Connection (RDC) client available for Windows and Macintosh computers as well as iOS and Android mobile devices.
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I have never stayed at a La Quinta before this stay. I will only use La Quinta's from here on out. Their staff is very friendly and made my trip enjoyable.
- Official Description (provided by the hotel):
- Come enjoy Biloxi Casinos 5 miles, Sunkist Golf Club 2 miles, Biloxi Sports Complex 1 mile, MS Coast Coliseum & Convention Center 5.9 miles , Edgewater Mall 5 miles, Gulf Islands Waterpark 14 miles and Prime 1 outlet 12 miles. Biloxi has everything beaches, boating, world class golf, shopping, fishing, dining, museums, and more; all within close proximity of our hotel. ... more less
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June 15, 2010
BRYAN DYNKA, PLAINTIFF,v.NORFOLK SOUTHERN RAILWAY CORP., ET AL., DEFENDANTS.
On November 21, 2009, Bryan Dynka sued the Norfolk Southern Railway Corporation ("Norfolk Southern") and the Chemtura Chemical Corporation ("Chemtura"), alleging that he was injured by toxic chemicals while employed as a railroad conductor by Norfolk Southern, and that his injuries were attributable to negligence on the parts of Norfolk Southern and Chemtura. Mr. Dynka's claim against Chemtura was dismissed on December 10, 2009.
Norfolk Southern has filed a Motion to Transfer this action to the United States District Court for the Western District of Pennsylvania pursuant to 28 U.S.C. § 1404(a). For the reasons that follow, the Motion to Transfer is granted.
The Court has federal-question jurisdiction pursuant to 28 U.S.C. § 1331, since Mr. Dynka's claim arises under federal law. The Court has diversity jurisdiction pursuant to 28 U.S.C. § 1332, inasmuch as Mr. Dynka is a citizen of Pennsylvania and Norfolk Southern is a citizen of Virginia, and the amount in controversy exceeds $75,000.
In March of 2008, Plaintiff Bryan Dynka was employed by Norfolk Southern as a conductor (Complaint at ¶¶ 8). Mr. Dynka alleges that on or about March 20, 2008, while working at a facility owned or operated by Chemtura, he was exposed to toxic chemicals and suffered severe damage to his respiratory system (id. at ¶¶ 8, 10).
On October 21, 2009, Mr. Dynka sued both Norfolk and Chemtura, alleging one count of negligence under the Federal Employees Liability Act ("FELA"), 45 U.S.C. §51 et. seq., against each defendant. Mr. Dynka argued that Norfolk Southern and Chemtura had failed to provide a safe environment in which to work (id. at ¶¶ 9, 18).*fn1 On December 15, 2009, Norfolk filed a Motion to Transfer this action from the United States District Court for the Eastern District of Pennsylvania to the District Court for the Western District of Pennsylvania (Docket No. 10).
The parties agree that the Chemtura facility at which Mr. Dynka's accident occurred is located in the town of Westover, West Virginia (Motion to Transfer at ¶ 5; Response to Motion at ¶ 5). Westover -- a suburb of Morgantown, West Virginia -- is situated approximately 10 miles from Greene County, Pennsylvania, which is in Pennsylvania's Western District. Westover is just over 240 miles from Lancaster County (the westernmost county in Pennsylvania's Eastern District), and more than 300 miles from Philadelphia.*fn2
Mr. Dynka resides in Lower Burrell, Pennsylvania and reports to work for Norfolk Southern in Brownsville, Pennsylvania (Motion to Transfer at ¶ 6). Both Lower Burrell and Brownsville are situated in the Western District of Pennsylvania. Six of the seven likely employee fact witnesses who have been identified by Norfolk Southern reside in the Western District (Memo in Support of Motion to Transfer at 11-13). The only Norfolk Southern witness who does not reside in the Western District is the company's Manager of Industrial Hygiene, Mark Dudle, who resides in Atlanta, Georgia (id. at 13 n.3). Neither party has identified the residential address of any Chemtura witness.*fn3
In addition, all but one of the healthcare providers that treated Mr. Dynka's injuries are located in the Western District of Pennsylvania (id. at 14-15). The exception is the Ruby Memorial Hospital, where Mr. Dynka received his initial ministrations, which is affiliated with the University of West Virginia, immediately across the Monongahela River from Westover.*fn4
"For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought."
28 U.S.C. § 1404(a). Federal district courts have broad discretion "to adjudicate motions for transfer according to an 'individualized, case-by-case consideration of convenience and fairness.'" Stewart Org., Inc. v. Ricoh Corp., 487 U.S. 22, 29 (1988) (quoting Van Dusen v. Barrack, 376 U.S. 612, 622 (1964)).
The Court of Appeals for the Third Circuit has outlined several private and public interests for district courts to consider when deciding a motion to transfer. Jumara v. State Farm Ins. Co., 55 F.3d 873, 879-80 (3d Cir. Pa. 1995). The private interests include: (a) the plaintiff's forum preference as manifested in the original choice when the action was initiated; (b) the defendant's preference; (c) whether the claim arose elsewhere; (d) the relative convenience of the parties as indicated by their relative physical and financial conditions; (e) and the location of the witnesses, books and records, to the extent that the witnesses, books, or records may actually be unavailable for trial in one of the fora. Id. at 879 (citations omitted). The public interests include: (a) the enforceability of the judgment; (b) practical considerations that could make the trial easier, more expeditious, or less expensive; (c) the relative administrative difficulty in the two fora resulting from court congestion; (d) and the local interest in deciding local controversies at home. Id. at 879-80 (citations omitted).
FELA contains a choice-of-venue provision, which provides that actions arising under that statute may be brought in any district in which (1) the defendant resides; (2) the cause of action arose; or (3) the defendant conducts business at the time the action is brought. 45 U.S.C. § 56. This provision gives a substantial right to the plaintiff to choose the forum, a right which indeed should be treated with "strong deference." See Coble v. Conrail, 1992 U.S. Dist. LEXIS 12761 at *3 (E.D. Pa. Aug. 26, 1992); Hohler v. Pennsylvania R. Co., 140 F. Supp. 487, 489 (W.D. Pa. 1956). However, the presence of the choice-of-venue clause in the FELA does not preclude a Section 1404(a) transfer. Ex parte Collett, 337 U.S. 55, 60 (1949).
In this case, the strong deference that the Court gives to Mr. Dynka's choice of forum is outweighed by the substantial burden which would be placed on the witnesses if this case were to proceed here in the Eastern District. As noted above, the vast majority of likely fact witnesses live in the Western District. In addition, Mr. Dynka's injuries arose in West Virginia, and Mr. Dynka was first treated in a West Virginia hospital. The location of witnesses and the proximity the relevant West Virginia sites to the Western District of Pennsylvania militate in favor of transfer to that District.
This case resembles Kramer v. Consolidated Rail Corp., No. 97-1102, 1997 U.S. Dist. LEXIS 5913 (E.D. Pa. Apr. 24, 1997), in which our colleague Judge Pollak granted a defendant's motion to transfer a FELA case from the Eastern District of Pennsylvania to the Middle District. The Kramer opinion emphasized the fact that the majority of likely witnesses resided in the Middle District. Here, as in Kramer, the plaintiff's choice of venue is "markedly over-balanced" by such practical considerations. Id. at *3-4. Good sense will prevail in this instance.
Norfolk Southern's Motion to Transfer this case to the United States District Court for the Western District of Pennsylvania is granted. An order to this effect follows.
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