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Kelly Watson, a former special education teacher who admitted to having an inappropriate sexual relationship with a 17-year-old student is pregnant with his child.
The 35-year-old teacher met the student at the New Haven Youth & Family Services, a residential and educational facility that treats boys ages 8 to 17 who have "emotional and behavioral challenges."
On Wednesday Watson was sentenced to three years probation for sexually assaulting the student and one year in jail.
However, the judge is allowing the Watson to exit jail early for the birth of her child on April 5.
The judge also did not require Watson to register as a sex offender, citing that she was not in danger of re-offending.
Watson is also barred from working with youth in the future and was ordered to stay away from the teen unless she has to provide information on the pregnancy.
This Week's Celebrity Instagrams (11/26-12/2)
This Week's Celebrity Instagrams (11/26-12/2)
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4 thoughts on "Teacher Who Had Sex With 17-Year-Old Student, Pregnant With His Child"
I hate that these perverted women get special treatmen from men. She should be in jail and her baby taken.
This isn't a racial thing. There've been several high profile instances of white on white underage cases like this & the women got a slap on wrist. But if a MAN does this to an underage girl he's a perv, pedophile, registered sex offender, & vilified. Seems there's an underlying male attitude that the young boys "got lucky with the teacher" .,,,a young boy's fantasy fulfilled..so it's not so bad. WRONG😡! ADULTS SHOULD NOT MESS WITH KIDS & both men & women doing this should be locked up !!!
Why is she not in jail ? If that was a man he would be under the jail and forevery, you all give these white women passes and that is a crime shame and let it be a young Black Man and the student is 17 and he is in his twenty he would be in jail and life messe up but that is the White justice system for you.


text:
Gender: Boy
Meaning: Young stag
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Efron is a Boy name, meaning of the name is Young stag and origin of the name is Hebrew. This name is mostly used in
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Check in from 14h / Check out prior to 11h
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Economic Statistics for 7 Mar 14
The Labor Department reports that 175,000 net new jobs were created in February. The unemployment rate rose a tick to 6.7%. Average hourly earnings rose 0.4%, while the average work week fell from 34.4 to 34.2 hours. The labor force participation rate held steady at 63.0%. The real unemployment rate, using the historical average rate of labor force participation, rose slightly, from 11.14% to 11.19%.
The nation's trade deficit was $-39.1 billion in January.
January consumer credit rose by $13.7 billion, though this hides a decline of $0.2 billion in revolving credit.
Science in the service of politics
We've talked about this at other times in the past but there are some examples in a recent Victor Davis Hanson peice that make the point again. Science is science. It should not be something in service to anything, especially politics. It should stand alone and we should deal with its findings as objectively as possible. Unfortunately, today we have "science" (and yes the quote marks do indicate that what I'm going to note has nothing to do with real science) in the service of politics and for hire to whomever can provide it the most grant money. It's become a bit like expert witnesses in court. Need one to conclude a certain way? We can find that "expert" for you.
Anyway, there is one particularly egregious example in the VDH piece (at least more egregious than some, at least to me) that I want to note because it has so recently been in the news and used in politics to further an agenda:
The president still talks of "settled science" in the global-warming debate. He recently flew to California to attribute the near-record drought there to human-induced global warming.
There is no scientific basis for the president's assertion about the drought. Periodic droughts are characteristic of California's climate, both in the distant past and over a century and a half of modern record-keeping. If the president were empirical rather than political, he would instead have cited the logical reasons for the fact that this drought is far more serious than those of the late 1970s.
California has not built additional major mountain storage reservoirs to capture Sierra Nevada runoff in decades. The population of the state's water consumers has almost doubled since the last severe drought. Several million acre-feet of stored fresh water have been in recent years diverted to the sea — on the dubious science that the endangered delta smelt suffers mostly from irrigation-related water diversions rather than pollutants, and that year-round river flows for salmon, from the mountains to the sea, existed before the reserve water storage available from the construction of mountain reservoirs.
In other words, government has been lax (no forward planning or construction for the water needs of an expanded population), environmentalists have been extreme (demanding an entire valley be dried up for a mostly useless fish) and the result has been to aggrevate a natural penomenon to disaster levels.
But they will tell you that it has to do with "global warming", not poor government, not environmental extremism. What Obama is pushing is pseudo-science, fashioned to support a political position. There is no reason that this drought should be as severe as it has been. And again – it isn't global warming causing the severity.
Remember, this was the guy who promised he's put science back in the place it belonged. Apparently that place is the same place he claimed it was before he took office. As a political tool to push an ideological agenda. That's precisely what he was doing in California.
But then, the fact that he lied shouldn't suprise anyone, given his track record.
Economic Statistics for 6 Mar 14
Those chain stores that still report monthly sales generally reported improved year-on-year sales results in February.
The Challenger Job-Cut Report fell to 41,835 layoffs in February from 45,107 in January and 55,356 a year ago.
Gallup's U.S. Payroll to Population employment rate was 43.1% in February up from 42.0% in January.
Initial jobless claims fell 26,000 to 323,000. The 4-week average fell 1,750 to 336,500, while continuing claims fell 8,000 to 2.907 million.
Productivity in the 4th quarter of 2013 rose a revised1.8%, more than half a percent below expectations.Unit labor costs fell an annualized -0.1%.
The Bloomberg Consumer Comfort Index rose 0.1 points to -28.5 in the latest week, a seven-month high.
Factory orders declined by -0.7% in February, following a January drop that was revised downwards to -2.0%.
The Fed's balance sheet rose $11.8 billion last week, with total assets of $4.172 trillion. Reserve Bank credit increased $6.2 billion.
The Fed reports that M2 money supply fell by $-8.1 billion in the latest week.
Obama polls sinking along with Democrat chances in mid-terms
Congressional "mid-term" elections have, for years, been seen as a referrendum on the President. When the nation is pleased with a President, his party gains seats in Congress and when not pleased, that party suffers by losing seats in Congress. Well, Democrats, gird thy loins, because here it comes:
President Obama's job approval rating hits a record low this week, as a majority of Americans say his administration has mostly failed at growing the economy, creating jobs, improving health care and the country's image.
That's according to a Fox News poll released Wednesday.
For the first time in a Fox News poll, fewer than four voters in ten — 38 percent — approve of President Obama's job performance. Fifty-four percent disapprove. Before now Obama's worst job rating was 40-55 percent in November 2013. Last month 42 percent approved and 53 percent disapproved (February 2014).
Approval of Obama among Democrats stands at 71 percent, near its 69 percent record low (September 2013). For independents, 28 percent approve, which is also near the 25 percent all-time low among this group (July 2013). And approval of Obama among Republicans hits a new low of five percent.
Overall, a 59-percent majority thinks the White House has mostly failed at creating jobs, up from 52 percent who said the same in October 2012. Likewise, 56 percent feel it has failed on growing the economy. That's also up from 52 percent.
Etc. Etc. Etc. Even the Senate majority now is seen to be at risk and no one believes the Dems have a chance in the House.
And the only consistent thing in Obama poll numbers is the drop. He's near historic lows in approval among many groups to include Democrats. They're not likely to get better anytime soon.
The empty suit is finally beginning to wear on the electorate.
But I have to ask, how can a country stay so willingly blind that it took until now to see this inept imposter for what he really is?
Economic Statistics for 5 Mar 14
The Fed's Beige Book says that unseasonably cold weather reduced economic activity in two districts, but the rest showed modest to moderate improvement.
The MBA reports that mortgage applications rose wildly, up 9.4% last week, with purchases up 9.0% and re-fis up 10.0%.
ADP employment report estimates that private payrolls will rise by 139,000 in February.
Gallup's U.S. Job Creation Index rose to 21 in February from 19 the previous month.
Markit's services PMI slowed from 56.7 in January to 53.3 in February.
ISM non-manufacturing data moved lower to 51.6 in February from 54 in January.
Thomas Friedman: "You know how you beat Putin? Tax Americans, that's how."
Ah the left, you can count on them to come up with some way to get into your wallet in answer to any crisis. Thomas Friedman, the man who admires China's abilty to control almost all aspects of its citizens life, has a great solution to the recent aggression by Russia's President Vladimir Putin. Tax Americans:
I don't want to go to war with Putin, but it is time we expose his real weakness and our real strength. That, though, requires a long-term strategy — not just fulminating on "Meet the Press." It requires going after the twin pillars of his regime: oil and gas. Just as the oil glut of the 1980s, partly engineered by the Saudis, brought down global oil prices to a level that helped collapse Soviet Communism, we could do the same today to Putinism by putting the right long-term policies in place. That is by investing in the facilities to liquefy and export our natural gas bounty (provided it is extracted at the highest environmental standards) and making Europe, which gets 30 percent of its gas from Russia, more dependent on us instead. I'd also raise our gasoline tax, put in place a carbon tax and a national renewable energy portfolio standard — all of which would also help lower the global oil price (and make us stronger, with cleaner air, less oil dependence and more innovation).
Of course one of the real problems to doing what Friedman wants, i.e. exploiting our "natural gas bounty" is found in the parenthetic statement right after that. Government and environmentalists stand in the way because "the highest environmental standards" is a moveable goal post that is pushed further and further out each time industry approaches it. And, of course, Friedman apparently isn't cognizant of the fact that the "standards" are one of the major cost factors in keeping prices up.
Naturally Friedman also wants the other lefty dream. The Crimea is as good of an excuse as any. The Global Warming scam has been exposed. The chances of getting that carbon tax based in that nonsense seem ever more remote. But wait, we now have the Crimea! Perfect. Lets tax ourselves to do in Putin. Friedman knows that whatever the excuse, taxes are rarely dropped after they're once implemented. So, with a "whatever it takes" philosophy guiding this, Friedman has his newest and latest excuse to raise taxes. And note – it's a long term strategy (which apparently assumes that Russia won't make adjustments to the threat to its business) which means that these aren't temporary taxes we're talking about. No. Not by any stretch.
Oh, and for a guy who is so in love with China, I wonder if he has any idea where Russian oil and gas would go if the EU decided to buy from us?
Yeah, probably not.
Economic Statistics for 4 Mar 14
Gallup's Economic Confidence Index was unchanged at -16 for February.
In weekly retail sales, ICSC Goldman reports a 0.3% weekly sales increase, and a 1.5% year-on-year increase. Meanwhile, Redbook says sales rose a weak 2.9% on a year-ago basis.
It certainly gets harder to be an Obama cheerleader anymore ….
Not that some aren't still trying their hardest to pull it off. Face it, his has been one of the most dismal presidencies in history and it isn't getting any better. However, reading through the headlines about the Ukraine, I came across an Orwellian piece that declares, "No, American weakness didn't encourage Putin to invade the Ukraine". Instead, it's all about how the US has, in fact, broadened it's power, expanding east, that encouraged Putin's invasion.
No. Really. That's the case that the author of the piece is trying to convey. We're not weaker, we're not in retreat, in fact, we're more powerful than ever.
Gee, how about that. In the anarchy that is world politics, we now have the weak trying to counter the strong by invading another country instead of the more inuitive and usual reaction to a power vacuum caused by the retreat of a once great power. The author claims that the expansion of NATO threatened Russia. Wait, isn't that 20th century thinking? Aren't we being chided for dropping back on those old cold war theories?
Well, not when you're tying to defend "The One" and you haven't much to work with in a particular case.
The fact remains that Putin did what he did because he knew he could and he knew the reaction would be loud, but the response would be tepid. And, of course, when you look at a map of the pipelines that flow from Russia through the Ukraine and into Europe you know that any attempted sanctions will likely be met with counter sanctions by limiting fuel and, in the end, imposing a much higher cost on Europe than Russia.
Putin is a 20th century cold warrior and he knows how to play this game, even in the 21st century. Our leaders? They're in denial.
Putin knows when he's faced by a weak willed, "can't we all just get along" Western leadership. He learned that with Georgia and Syria. Why in the world would he fret about the West's reaction to Ukraine?
But the apologists want you to know that it isn't Barry's fault. He may have be weak willed and prefer "leadership from the rear", but it realty the Ukraine was invaded beause we're so strong and powerful. And black is white, up is down and right is wrong. The only 20th century date you can apply to this piece is "1984".
Economic Statistics for 3 Mar 14
US auto sales remained relatively flat for the 3rd straight month, at a 15.3 million annual rate.
Gallup's self-reported Consumer Spending measure rose to $87 per day in February, vice $78 in January.
Personal income rose 0.3% in February, while spending rose 0.4%. The PCE Price index rose 0.3% overall, but only 0.1% at the core level. On a year-over-year basis, income rose4.1%, while spending rose 3.5%. The PCE Price index rose 1.2% overall, and 1.1% at the core level.
Markit's PMI Manufacturing Index for February rose to 57.1 from January's 53.7.
The ISM manufacturing index for February rose to 53.2 from January's 51.3.
The J.P. Morgan Global Manufacturing PMI was 53.3 for March, up from 53.0 in February.
Construction spending rose 0.1% in January. On a year-ago basis, spending is up 9.3%.
Why is Russia in the Ukraine? See Syria …
With the Olympics safely over, Vladimir Putin felt safe to invade the Ukraine and annex the Crimea. Anyone want to take a guess why?
It has to do with "red lines" and words, not action. Those red lines were first drawn in Syria. And when they were crossed … nothing happened. So:
"Putin smelled blood in the water when the airstrikes against the Assad regime were suddenly called off," Oubai Shahbandar, a senior advisor to the Syrian National Coalition, the U.S.-backed opposition group, said of the Ukraine invasion. "We've seen this movie play out before, sadly, as Russian-supplied planes, tanks and even some mercenaries continue to arrive in Syria uninterrupted."
"Hope won't stop Russian aggression," Shahbandar added.
Ah, but we're talking about "hope and change". You know, the stuff that will calm the tides, still the wind and, well, fix anything. All the Great One has to do is speak the words and the world trembles in fear. Our first post-modern President is of the ilk that believes talk equals action. And he's talked about it now, so its time to move on and bash Israel.
Meanwhile, all those red lines drawn and crossed in Syria rightfully have the Syrians leary of any promises from the US:
The Syrian opposition had long held out hope for significant U.S. support for their uprising, from heavy weapons and surface-to-air missiles to a no-fly zone. They argued that Assad's main allies — Russia and Iran — had been steadfast in boosting his regime with arms and money, and in the latter case, with boots on the ground.
Many Syrians were deeply disappointed when Obama failed to enforce his famous "red line" on the Assad regime's use of chemical weapons with air strikes — opting instead for a Moscow-initiated deal for the regime to give up its stockpile of chemical arms. "Do not develop strategies that are based on any assumption that the U.S. or EU will demonstrate assertive leadership to deter Russian aggression," said Amr al-Azm, a U.S.-based member of the Syrian opposition and a professor at Shawnee State University.
And Ukraine, that treaty you have the the US?
"The last thing anybody wants is a military option," Kerry said Sunday.
Seems to me Russia has already used in Mr. Kerry.
Do I want our military involved in another war? Not under this leadership, no. When the leaders are both gutless and clueless, our troops need to stay home. But that's really not the point here. The point is the happenings in the Ukraine are a direct result of some of the worst foreign policy ineptness we've had to suffer under in a couple of centuries. It almost makes one pine for Jimmy Carter.


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Freshly Squeezed by Ed Stein
- January 09, 2013
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Comments (16) (Please sign in to comment)
Me, too.
I'm with you there. Maybe 1 day.
If Nate's afraid of stupidity keep him away from Cspan and out of D.C.
Maybe you should read some about solar activity and the effect it has on global warming. Or how the planet has warmed and cooled for eons. I am all for a clean environment—I am a recycler/composter, and went backpacking on my honeymoon—but t is such hubris to think we are destroying the planet. Look at the sun, people!!!!
There is a lot of things that can be fixed with intelligence; but, human stupidity ?? Scary!
And the weather.
Dear readers, all I can say is REALLY? You'd stop reading my brilliantly incisive commentary because you might disagree with me on occasion about something like climate change? I truly apologize if I've departed from the plantation here, but there actually IS some disagreement on the issue. If you only want to read things that you absolutely agree with, I guess this isn't the place. Sorry for that. Not really.
Don't worry about it, Ed. Not everybody is too willfully blind to see what's right in front of them. Great job.
This couple drinks more coffee than the Brady Bunch parents.
I must say I still think the walking dead are scarier.
Read this:NASA Science News for Jan. 8, 2013
A new report issued by the National Research Council, "The Effects of Solar Variability on Earth's Climate," lays out some of the surprisingly complex ways that solar activity can make itself felt on our planet.
FULL STORY: http://science.nasa.gov/science-news/science-at-nasa/2013/08jan_sunclimate/
Many of the comments do not commit to which way they believe. Even now there is a difficulty with stating your position CLEARLY.
I say there is no problem of anthropogenic global warming. It is a HOAX. If you have a position – SAY IT! Don't purposely act like a liberal – unless, of course, you are, and have no other choice.
Ed, if you have something to say, SAY IT! Your cartoon could go either way.
Make your POINT!
Solar activity is the most likely cause for global warming, which stopped about a decade and a half ago. We don't get that answer from the media because it had to be man made for Al Gore to profit from it.
Climate change has been occurring for much longer than man has been on the earth, and there is no credible evidence that it is caused by man.
- Load the rest of the comments (1).
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On average, listings lease in the $20's per square foot per year. The Hospital Hill submarket is experiencing a a rise in rates. In the last 3 months, the median rate increased $3 per sqft per year. That's a 18% increase in rent.
Compared to the rest of the Kansas City market, the Hospital Hill submarket has less expensive rates, so you should have no trouble finding a great deal in this undervalued region.
In the last 90 days, 3 listings have been listed, which means office spaces might be leasing quickly. You'll want to be prepared to make an offer immediately. There aren't many listings below 2,000 square feet available, so finding a space for a small business might be tough.
Even though the median size is 2,800 sqft, there are still 0 listings below 2,000 sqft. Most properties in this area are close to 2 floors. Most buildings in this region were built in 1928 and are Class B.
A large portion of this region is residential, but there's plenty of office_space. Finance and insurance are the dominant industries in this region. Commute by walking is the most popular way to get to work amongst Hospital Hill occupants. Commuting between 30 and 45 minutes a day is the norm for those who opt to reside in this part of town.
Trends and status of the commercial real estate market in Hospital Hill.
Market Report
Real time and historical data on commercial real estate listings in Hospital Hill.


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A 5-year-old British boy with dystonia -- a disorder marked by involuntary muscle contractions -- showed signs of improvement after undergoing deep-brain stimulation involving the use of a pacemaker-like device. The battery-powered implant works by delivering regulated electrical pulses to affected parts of the brain to inhibit the signals that cause the condition.
Full Story:BBC


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text:
Stuffed Flank Steak London Broil
Total Time
Prep 15 mins
Cook 25 mins
London Broil to me has always been a rolled flank steak with a bread stuffing but I couldn't find any recipes here on Zaar so I made this one up using easy fast ingredients.
Ingredients Nutrition
- 1 1⁄2-2 lbs beef flank steak, pounded thin.
- 2 tablespoons butter or 2 tablespoons margarine
- 1⁄2 cup onion, chopped
- 1⁄2 cup mushroom, chopped
- 1 (120 g) package chicken stuffing mix
- 3⁄4 cup water
- salt & pepper
- 1 can cream of chicken soup
- 1 teaspoon of your favorite hot sauce (or more)
- 2 tablespoons sweet red peppers, finely chopped (any color will do)
- pepper (The soup is salty)
- Melt the butter in a skillet and saute the onions& mushrooms until the onions are translucent and the mushrooms golden.
- Stir the water into the stuffing mix and add the onions& mushrooms with the butter from the pan.
- After pounding the flank steak have the narrow edge in towards you and place the stuffing mix on top have it all the way out to the edges.
- Roll up the flank steak (Jelly Roll style) and secure with toothpick every 1 1/2".
- Slice the roll into apprx 4 pieces,apprx 1 1/2" thick there may be one or two extra pieces depending on the size of the flank steak and how thin you pounded it.
- Heat a lightly oiled skillet and brown the cut flank steak rolls on both sides, allow apprx 4 minutes per side.
- Meanwhile mix the soup, hotsauce and sweet pepper.
- When you have browned both sides pour the sauce around the steaks, don't drown them, leave the tops showing.
- Simmer for 10 minutes& serve.


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United States District Court, W.D. New York
March 1, 2013
ADS PLUS ADVERTISING, INC., Plaintiff,v.Alan AULT, et al., Defendants.
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[Copyrighted Material Omitted]
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Bryon W. Gross, Hudson, FL, Steven A. Lucia, Rochester, NY, for Plaintiff.
Gerard F. Norton, Jr., Dibble & Miller, P.C., Rochester, NY, for Defendants.
MARIAN W. PAYSON, United States Magistrate Judge.
Plaintiff, Ads Plus Advertising, Inc. (" Ads Plus" ), has sued defendants Alan Ault, Robert Ault and Professional Auto Retailers, Inc. (" PAR" ) (collectively, " defendants" ) for breach of contract and unjust enrichment arising out of defendants' alleged failure to compensate Ads Plus for services rendered by it. (Docket # 1). Ads Plus contends that defendants engaged it to perform direct mail advertising, that it performed the work, but that defendants failed to compensate it fully for those services. ( Id. at ¶ 7). Robert Ault has answered the Complaint; Alan Ault and PAR have neither answered nor appeared in this action. (Docket # 3).
Currently pending before this Court is Robert Ault's motion for summary judgment dismissing the action against him. (Docket # 20). According to him, the evidence establishes that Ads Plus contracted with PAR through its principal Alan Ault. (Docket # 20-9 at 1, 5-6). Robert Ault further maintains that no evidence exists to warrant piercing PAR's corporate veil and holding Robert Ault personally liable on its contract with Ads Plus. ( Id. at 7-9).
Ads Plus opposes the motion on the grounds that the evidence demonstrates, or at least raises a genuine issue of disputed fact, that it entered into a contract with Alan and Robert Ault and not with PAR. (Docket # 27 at 4-6). According to Ads Plus, Alan Ault never disclosed that he was acting as an agent of PAR, rather than in his individual capacity. ( Id. ). Ads Plus further contends that Robert Ault represented to its president that he was Alan Ault's partner and would be handling all of the finances and, in fact, participated in certain of the payment transactions. (Docket # 26 at ¶¶ 7, 13-14, 17-22). These facts, Ads Plus maintains, are adequate to establish Robert Ault's liability for the amounts due under the contract or, alternatively, to raise disputed issues of material fact that preclude summary judgment. (Docket # 27 at 4-6).
For the reasons set forth below, Robert Ault's motion for summary judgment is denied.
A. The Formation of PAR and Robert Ault's Involvement in the Business
The following is a summary of the undisputed facts in this matter, except where
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otherwise noted. Robert and Alan Ault are brothers. (Docket # 20-3 at ¶ 2). According to Robert Ault, in January 2007, he loaned Alan Ault $140,000 to start a business known as Professional Auto Retailers, Inc., which was incorporated in Delaware the following month. ( Id. at ¶¶ 3-4). No documentary evidence exists in the record, however, that PAR was in fact incorporated, and Robert Ault concedes that " to the best of [his] knowledge, no shares of stock in [PAR] were ever issued, no directors were ever elected, and no corporate meetings were ever held." ( Id. at ¶ 8).
Robert Ault was associated with several of PAR's financial accounts. For example, Robert and Alan Ault opened a Bank of America bank account in the name " Robert and Alan Ault, Professional Auto Retailers Inc." ; according to Robert Ault, the purpose of the account " was to receive payments directed to PAR, which were in turn to be transferred to [Robert Ault] in repayment of [the loan]." ( Id. at ¶ 15). The account statements were mailed to Robert Ault at his residence in Palm Desert, California. (Docket # 29 at Exhibits (" Ex." ) B and C). Robert Ault was also listed as a co-signer on an American Express credit account in the corporate name, although he claims he did not authorize his association with the account. (Docket # 20-3 at ¶ 10). Robert Ault also allowed Alan Ault to use Robert's personal American Express account for a single charge relating to the initiation of the business. ( Id. at ¶ 12).
Robert Ault maintains that he was never involved in the operation or management, and has never been a shareholder or director, of PAR. ( Id. at ¶¶ 8-9). On February 1, 2008, Robert Ault signed a letter formally resigning any association with PAR; he contends that the purpose of the letter was " to make it absolutely clear that [he] was in no way connected or involved" in the company.[1] ( Id. at ¶ 20). According to Robert Ault, he never received any funds from the Bank of America bank account, nor issued any checks on the account. ( Id. at ¶¶ 16-17). In addition, Robert asserts that Alan Ault repeatedly used Robert's personal American Express account to make payments on behalf of PAR without his consent or knowledge. ( Id. at ¶¶ 13-14).
B. Contractual Work Performed by Ads Plus
The pending lawsuit arises out of a series of transactions in which Ads Plus was engaged by one or more of the defendants to prepare direct mail advertising material. (Docket # 26 at ¶¶ 4-5). No written agreements were ever signed between the parties. Rather, the parties' contractual relationship was established principally as a result of phone calls and email communications. (Docket # 20-8 at 6).
According to Ads Plus, its first transaction with defendants occurred in May 2007 during a telephone conference between its president, Joanne Cook (" Cook" ), and Alan Ault, during which Alan Ault engaged Ads Plus to " design, print and mail" advertisements for one of Alan Ault's customers. ( Id. at 5). Ads Plus asserts that Robert Ault " participated in the transaction." ( Id. at 6). Specifically, the documentary evidence establishes that on May 15, 2007, Robert Ault wired $21,155 from his personal bank account to Ads Plus. (Docket # 26 at ¶¶ 18-19; # 20-4 at 22). According to Ads Plus, it was engaged by defendants to provide similar services for nineteen subsequent advertising projects. (Docket # 20-8 at 6).
Documents submitted in support of the motion reveal that Cook and Alan Ault
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frequently communicated about payment for the services rendered by Ads Plus. (Docket # 20-7 at 9-76). Emails on the subject suggest that Ads Plus began to encounter difficulty in obtaining payment beginning in April 2008. ( Id. ). In response to Cook's requests for payment, Alan Ault generally either authorized payment through a credit card [2] or represented that he had mailed a check to Ads Plus. ( See, e.g., id. at 13, 22, 27, 37, 44). Most of the emails sent by Alan Ault were sent from the address " ault@ snet. net," although some were sent from " PAR@ snet. net."
The financial relationship between the parties deteriorated over time. By June 17, 2008, according to an invoice Cook emailed to Alan Ault, approximately $103,495.55 was owed to Ads Plus. ( Id. at 48). Alan Ault did not dispute the invoiced amount, but emphasized that he was having financial difficulties. ( Id. at 63, 66, 71, 74).
C. The Pending Lawsuit
Ads Plus commenced this action on October 9, 2009, after its unsuccessful attempts to collect on the outstanding invoices. (Docket # 1). The Complaint alleges that defendants owe Ads Plus $120,512 for advertising projects completed by Ads Plus between April and June 2008. ( Id. at ¶ 10, Ex. A at 5). In support of its claims, copies of three checks that were returned for insufficient funds are attached to the Complaint. ( Id. at ¶ 7 and Ex. A at 6-10). The checks were drawn on three different bank accounts, and each was signed by Alan Ault. ( Id. ). The first two checks, dated June 4 and 17, 2008, list the account holder as " Professional Auto Retailers Inc.," with an address located in Houston, Texas. ( Id. at 6-7). The last check was dated June 27, 2008, in the name of " Robert & Alan Ault, Professional Auto Retailers Inc.," with a printed address of Robert Ault's residence in Palm Desert, California. ( Id. at 8; Docket # 29 at Ex. C).
The parties do not dispute that Ads Plus provided the direct mail advertising materials requested by Alan Ault, nor do they dispute that Ads Plus was not fully compensated for its services. Rather, they dispute whether the contractual relationship was between Ads Plus and the individual defendants, as Ads Plus maintains (Docket # 27 at 1-6)— or between Ads Plus and PAR, as Robert Ault maintains (Docket # 20-9 at 4, 6). According to Robert Ault, the contractual relationship with the corporate defendant is evidenced by the fact that Ads Plus was consistently paid by checks issued on PAR's accounts. (Docket # 20 at 5-6, ¶ 3; # 1 at Ex. A at 6-10). In addition, Robert Ault also emphasizes that Ads Plus hired an attorney to perform a credit check on PAR, rather than on the individual defendants.[3] (Docket # 20 at 6, ¶ 3; # 20-7 at 5; # 20-9 at 6).
In opposition, Ads Plus asserts that neither Robert Ault nor Alan Ault ever informed it that they were acting as agents for PAR. (Docket # 27 at 3, 5). According to Cook (the president of Ads Plus), Robert and Alan Ault led her to believe that they were business partners. ( Id. at ¶¶ 10, 13). Cook affirms that she never received any correspondence or written agreement indicating that the contractual relationship was with PAR and believed that she was contracting with Alan and Robert Ault in
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their individual capacities. ( Id. at ¶¶ 9, 13).
The parties also dispute Robert Ault's level of involvement in the transactions. Robert Ault asserts that he was not personally involved in any of the transactions between Ads Plus and Alan Ault, other than a single telephone conversation he had with Cook, during which he authorized the use of his personal American Express credit card to pay Ads Plus approximately $20,000. (Docket # 20-3 at ¶ 21). According to Robert Ault, he first learned that Alan Ault was doing business with Ads Plus when American Express contacted him as co-signor on the corporate American Express account that had been used to charge approximately $84,000 in payments to Ads Plus. ( Id. at ¶¶ 9-10).
Cook counters that she " had numerous conversations and transactions with Robert Ault." (Docket # 26 at ¶¶ 6, 11). Cook further states that she first spoke with Robert Ault in May 2008, after Ads Plus began experiencing difficulty obtaining payment from Alan Ault. ( Id. at ¶ 12; # 20-7 at 9-76). Cook contends that Robert Ault told her that he was Alan Ault's partner and would be handling all of the finances and that Alan Ault confirmed the representation. (Docket # 26 at ¶¶ 14-15). According to Cook, Robert Ault advised her that Ads Plus would be paid through the use of Robert's American Express account, and payments were in fact made in that manner. ( Id. at ¶¶ 21-22).
In addition to the use of his personal American Express card, Robert Ault also wired $25,155 from his personal bank account to Ads Plus on May 15, 2007. ( Id. at ¶¶ 18-19; # 20-4 at 22). Cook further alleges that on another occasion, Robert Ault sent Ads Plus a check in the amount of $30,000 to hold as a " good faith deposit on the work [Ads Plus] was performing for [d]efendants." (Docket # 26 at ¶ 17).
Summary judgment is appropriate " if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(a). In reaching this determination, the court must assess whether there are any disputed material facts and, in so doing, must resolve all ambiguities and draw all reasonable inferences against the moving party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248-49, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); Coach Leatherware Co. v. AnnTaylor, Inc., 933 F.2d 162, 166-67 (2d Cir.1991). A fact is " material" only if it has some effect on the outcome of the suit. Anderson v. Liberty Lobby, Inc., 477 U.S. at 248, 106 S.Ct. 2505; Konikoff v. Prudential Ins. Co. of Am., 234 F.3d 92, 97 (2d Cir.2000). A dispute regarding a material fact is genuine " if the evidence is such that a reasonable jury could return a verdict for the nonmoving party." Anderson, 477 U.S. at 248, 106 S.Ct. 2505; see also Konikoff v. Prudential Ins. Co. of Am., 234 F.3d at 97.
The moving party bears the initial burden of demonstrating the absence of a genuine issue of material fact, after which the non-moving party must come forward with sufficient evidence to support a jury verdict in its favor; the motion will not be defeated based upon conjecture, surmise or the existence of " metaphysical doubt" concerning the facts. Bryant v. Maffucci, 923 F.2d 979, 982 (2d Cir.1991) (citing Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986)). The party seeking to avoid summary judgment " must do more than make broad factual allegations and invoke the appropriate statute. The [party] must also show, by affidavits or as otherwise provided in Rule 56 ..., that there are specific factual issues that
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can only be resolved at trial." Colon v. Coughlin, 58 F.3d 865, 872 (2d Cir.1995); see also Driscoll v. Townsend, 60 F.Supp.2d 78, 80 (W.D.N.Y.1999).
As the Second Circuit has explained:
[T]he trial court's task at the summary judgment motion stage of the litigation is carefully limited to discerning whether there are any genuine issues of material fact to be tried, not to deciding them. Its duty, in short, is confined at this point to issue-finding; it does not extend to issue-resolution .... [I]t must be kept in mind that only by reference to the substantive law can it be determined whether a disputed fact is material to the resolution of the dispute.
Gallo v. Prudential Residential Servs., Ltd. P'ship, 22 F.3d 1219, 1224 (2d Cir.1994).
Robert Ault contends that he is entitled to summary judgment on the grounds that Ads Plus cannot establish that he is individually liable for the amounts due under the contract because the contract was formed between Ads Plus and PAR, a corporate entity. (Docket # 20-9 at 6-7). He further maintains that no evidence exists to justify piercing the corporate veil. ( Id. at 7-9). Ads Plus opposes the motion on the grounds that it formed the contract with Robert and Alan Ault in their individual capacities. (Docket # 27 at 4-6).
A. Individual Liability for a Contract Entered into on Behalf of Corporate Entity
Under New York Law,[4] " [a]n agent who signs an agreement on behalf of a disclosed principal will not be held liable for its performance unless the agent clearly and explicitly intended to substitute his personal liability for that of his principal." Yellow Book Sales & Distribution Co. v. Mantini, 85 A.D.3d 1019, 925 N.Y.S.2d 646, 648 (2d Dep't 2011); see also In re Estate of Gifford, 144 A.D.2d 742, 535 N.Y.S.2d 154, 156 (3d Dep't 1988) (" an individual who signs a corporate contract and indicates the name of the corporation and the nature of his representative capacity on the contract is generally not subject to personal liability" ); Rick v. Richmond Sec. Servs., Inc., 28 Misc.3d 1238(A), 958 N.Y.S.2d 63, 63, 2010 WL 3666992 (N.Y.Civ.Ct.2010) (" [w]hen a corporate officer signs an agreement in his or her corporate capacity, the corporate officer will not be held personally liable on the contract unless he or she personally binds him or herself" ). In contrast, " an individual who signs a contract as an agent for an entity will be held personally liable on the contract if the agency relationship is not disclosed." DeAngelis v. Timberpeg E., Inc., 51 A.D.3d 1175, 858 N.Y.S.2d 410, 416 (3d Dep't 2008) (citing McClure v. Cent. Trust Co. of New York, 165 N.Y. 108, 128, 58 N.E. 777 (N.Y.1900)); see Argersinger v. MacNaughton, 114 N.Y. 535, 539, 21 N.E. 1022 (1889) (" an agent contracting in his own name, and failing to disclose the name of his principal at the time of making a contract ... is personally liable for whatever obligation may arise out of the contract" ).
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" The purpose of this doctrine is to make sure a party entering a contract knows precisely with whom it is dealing; it protects a party from ' unknowingly being required to do business with an entity incapable of meeting its contractual obligations.' " Deutsche Bank Sec., Inc. v. Rhodes, 578 F.Supp.2d 652, 666 (S.D.N.Y.2008) (quoting UBS Sec., Inc. v. Tsoukanelis, 852 F.Supp. 244, 247-48 (S.D.N.Y.1994)). Accordingly, " [t]he agent must disclose his principal at or before the time when the contractual agreement is made final." Orient Mid-East Lines v. Albert E. Bowen, Inc., 458 F.2d 572, 576 (2d Cir.1972) (internal quotation omitted).
" A principal is considered to be ' disclosed' if, at the time of a transaction conducted by an agent, the other party to the contract had notice that the agent was acting for the principal and of the principal's identity." Safety Envtl., Inc. v. Barberry Rose Mgmt. Co., 94 A.D.3d 969, 942 N.Y.S.2d 200, 202 (2d Dep't 2012). " Knowledge of the real principal is the test, and this means actual knowledge, not suspicion." Ell Dee Clothing Co. v. Marsh, 247 N.Y. 392, 397, 160 N.E. 651 (N.Y.1928). Further, an agent will not be relieved of liability simply because the contracting party had the means of ascertaining that the agent was acting on behalf of a principal; instead, the test is whether " a reasonable person in light of the surrounding circumstances would have understood that the agent was acting for a principal." See Instituto Cubano De Estabilizacion Del Azucar v. SS Theotokos, 155 F.Supp. 945, 948 (S.D.N.Y.1957); see Unger v. Travel Arrangements, Inc., 25 A.D.2d 40, 266 N.Y.S.2d 715, 723 (1st Dep't 1966) (" [i]t is not important how the customer acquired knowledge of the agency and of the existence of the principal; if he in fact knew thereof or in view of the facts known to him he should have known thereof without investigation, he may not hold the agent responsible as a principal" ). In other words, a party to a contract has no duty to investigate whether he is in fact dealing with an agent for an undisclosed principal. See Safety Envtl., Inc. v. Barberry Rose Mgmt. Co., 942 N.Y.S.2d at 202 (" while each of the documents generated and maintained by the parties contained a corporate name in addition to the defendant's, they did not include or make clear that ... the defendant was acting in the capacity of agent ... [and] plaintiff did not have a duty to investigate whether the defendant was acting as agent" ); Tarolli Lumber Co. v. Andreassi, 59 A.D.2d 1011, 399 N.Y.S.2d 739, 740 (4th Dep't 1977) (" [t]he mere fact that the plaintiff had reason to suppose that defendants were acting as agents will not relieve them from liability ... [because] [t]here is no requirement that the plaintiff, as a third party, make an investigation to obtain actual knowledge whether the defendants with whom it was dealing were, in fact, agents for an undisclosed corporate principal" ).
" The defense of agency in avoidance of contractual liability is an affirmative defense and the burden of establishing the disclosure of the agency relationship and the corporate existence and identity of the principle is upon he who asserts an agency relationship." Courthouse Corporate Ctr. LLC v. Schulman, 74 A.D.3d 725, 902 N.Y.S.2d 160, 162 (2d Dep't 2010) (internal quotations omitted); see Judith Garden, Inc. v. Mapel, 73 Misc.2d 810, 342 N.Y.S.2d 486, 489 (N.Y.Civ.Ct.1973) (" defendant's contention that she acted as an agent for a disclosed principal is an affirmative defense ... and this places the burden upon her to establish she so acted in making the contract sued upon" ) (internal citation omitted), aff'd, 75 Misc.2d 558, 348 N.Y.S.2d 975 (1st Dep't 1973); see Rick v. Richmond Sec. Servs. Inc., 958 N.Y.S.2d at 63 (party challenging individual
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liability " bears the burden of showing he was protected by his corporate status" ).
No genuine dispute exists in this matter that during the period 2007 through 2008 Ads Plus provided direct mail advertising services at the request of Alan Ault. As the communications between Cook and Alan Ault establish, Alan Ault agreed to pay for the services rendered by Ads Plus, and various payments were made to Ads Plus. Those payments constitute implicit admissions of the existence of a contractual relationship. See Harris Corp. v. McBride & Assocs., Inc., 2002 WL 1677695, *4 (W.D.N.Y.2002) (defendant's payments to reduce amounts owed constitute implicit admissions of contractual obligation; granting summary judgment regarding existence of contract where plaintiff proffered evidence of purchase orders, invoices and partial payments); Bank of Am., N.A. v. Farley, 2002 WL 5586, *5 (S.D.N.Y.2002) (defendant's conduct in accordance with terms of agreement, including payments to reduce debt under agreement, establishes existence of contract between the parties); see also Diversified Application Distribution Elec. Corp. v. A.C. Green Elec. Contractor, Inc., 227 A.D.2d 517, 643 N.Y.S.2d 385, 385 (2d Dep't 1996) (summary judgment appropriate where affidavit and invoices sent to defendant established " prima facie case that the defendant had failed to pay for goods it purchased from the plaintiff" ).
Although Robert Ault concedes the existence of a contract with Ads Plus (Docket # 20 at 5-6, ¶ 3 (" [t]he documents disclosed by plaintiff demonstrate that it entered into an agreement with [PAR]" )), he denies that he may be held liable on the contract because he claims that Alan Ault was acting solely as an agent of PAR when he contracted with Ads Plus. As the party seeking to avoid individual liability on the contract, Robert has the burden to prove that Ads Plus knew or was informed that Alan Ault was acting as agent for PAR. See Courthouse Corporate Ctr. LLC v. Schulman, 902 N.Y.S.2d at 162; see Judith Garden, Inc. v. Mapel, 342 N.Y.S.2d at 489.
The record before the Court fails to establish that Alan Ault disclosed to Ads Plus that he was contracting with it in his corporate capacity as principal for PAR. As an initial matter, there is no evidence before the Court that even establishes the corporate existence of PAR or whether it was a viable entity during the relevant time period. See, e.g., Rick, 958 N.Y.S.2d at 63 (" a person who ' purport[s] to act on behalf of a corporation which [has] neither a de jure nor a de facto existence [is] personally responsible for the obligations which he incur[s]' " ) (alteration in original) (quoting Brandes Meat Corp. v. Cromer, 146 A.D.2d 666, 537 N.Y.S.2d 177, 178 (2d Dep't 1989)). Second, Robert Ault has failed to adduce any evidence that Alan Ault informed Ads Plus that he was acting on behalf of PAR. Instead, Robert Ault asserts that use of the corporate checks to remit payments to Ads Plus constituted notice to it that it was dealing solely with a corporate entity. To the contrary, the use of corporate checks is insufficient to establish the required disclosure. See Ardwin v. Englert, 81 A.D.2d 960, 439 N.Y.S.2d 720, 721 (3d Dep't 1981) (" defendants are plainly not relieved of their individual liability to plaintiff merely because they used corporate checks ... to make some payments to plaintiff on the contract" ), aff'd, 56 N.Y.2d 936, 453 N.Y.S.2d 608, 439 N.E.2d 324 (N.Y.1982); see Tarolli Lumber Co. v. Andreassi, 399 N.Y.S.2d at 740 (" use by defendants of corporate checks to pay on the accounts billed to them as individuals does not charge the plaintiff with the required ' actual knowledge' " ).
In addition to the use of corporate checks, Robert Ault contends that the fact
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that Ads Plus requested the credit history of PAR proves that Ads Plus knew it was contracting with PAR and not Alan Ault. At best, such evidence creates a question of fact as to whether Ads Plus understood that Alan Ault was acting as a corporate agent for PAR. Cook asserts that she never received any correspondence indicating that Alan Ault was acting as an agent of PAR and, in fact, believed that she was transacting business with Alan Ault in his individual capacity. No documentation exists in the record on this motion refuting that sworn assertion. In sum, disputes of material facts plainly exist regarding whether Alan Ault was acting solely as an agent for PAR, and, if so, whether Ads Plus knew that fact. Such disputes cannot be resolved at this stage and must be determined by a jury.[5]
B. Liability of Individual that Represents Himself as a Partner
Of course, even if Ads Plus had contracted with Alan Ault in his personal capacity, it still must establish a basis to hold Robert Ault liable on the contract. Robert Ault contends that evidence of his liability is lacking because all of the transactions occurred between Alan Ault and Ads Plus. Ads Plus counters that Robert Ault was " part and parcel of many of the transactions giving rise to this case" (Docket # 26 at ¶ 6), including the wiring of funds to Ads Plus as early as May 2007. Two other transactions, the dates of which are unclear, involved Robert's authorization of the use of his credit card to make a payment to Ads Plus and his issuance of a check in the amount of $30,000 to hold as a " good faith" deposit. Although Cook concedes that she did not speak with Robert Ault for the first time until May 2008, she claims that he represented that he was Alan Ault's partner and would be handling the finances. Significantly, according to the invoice attached to the Complaint, the projects for which Ads Plus claims it has not been fully compensated were performed between April 30 through June 2008.
Under New York law, the doctrine of partnership by estoppel provides that a party who holds himself out to be a partner may be held liable by any party who relies upon that representation. N.Y. P'ship Law § 27 (McKinney). Specifically, New York Partnership Law Section 27 provides:
When a person, by words spoken or written or by conduct, represents himself, or consents to another representing him to any one, as a partner in an existing partnership or with one or more persons not actual partners, he is liable to any such person to whom such representation has been made, who has, on the faith of such representation, given credit to the actual or apparent partnership.
Id. " [P]artnership by estoppel should not be lightly invoked and generally presents issues of fact." Royal Bank & Trust Co. v. Weintraub, Gold & Alper, 68 N.Y.2d 124, 129, 506 N.Y.S.2d 151, 497 N.E.2d 289 (N.Y.1986). Two elements are required to establish partnership by estoppel: first, that " sufficient indicia of partnership be presented to the injured party to constitute a representation that the partnership exists," First Am. Corp. v. Price Waterhouse LLP, 988 F.Supp. 353, 358 (S.D.N.Y.1997) (citing Royal Bank & Trust Co. v. Weintraub, Gold & Alper, 68 N.Y.2d at 129, 506 N.Y.S.2d 151, 497 N.E.2d 289), reconsidered in part on other grounds 1998 WL 148421 (S.D.N.Y.), aff'd,
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154 F.3d 16 (2d Cir.1998); second, that the injured party " relied on this representation to his or her detriment." Id. (citing Milano v. Freed, 64 F.3d 91, 98 (2d Cir.1995)); see Staples, Inc. v. W.J.R. Assocs., 2007 WL 3046352, *3 (E.D.N.Y.2007) (" [c]ourts have construed ' given credit' [in N.Y. P'ship Law § 27] to mean that a party has relied on another party's representation regarding the existence of a partnership" ). Application of the doctrine forecloses the party who has represented himself as a partner from denying the existence of the partnership for the purpose of avoiding the partnership's liability to the injured party. See JLG Architectural Prods., LLC v. WDF, Inc., 87 A.D.3d 681, 928 N.Y.S.2d 750, 752 (2d Dep't) (plaintiff estopped from denying existence of partnership to defeat defendant's claims where plaintiff had represented that it was a partner and defendant had relied on that representation), lv. to appeal dismissed, 18 N.Y.3d 854, 938 N.Y.S.2d 844, 962 N.E.2d 266 (2011); Hartford Accident & Indem. Co. v. Oles, 152 Misc. 876, 274 N.Y.S. 349, 353-54 (N.Y.Sup.Ct.1934).
Ads Plus contends that Robert Ault represented to Cook, its president, that he was Alan Ault's partner and would be handling the finances. This contention, if true, satisfies the first element necessary to estop Robert from denying the existence of a partnership between Alan Ault and himself. See JLG Architectural Prods., LLC v. WDF, Inc., 928 N.Y.S.2d at 752 (written representation of partnership establishes prima facie showing of partnership by estoppel); First Nationwide Bank v. Brookhaven Realty Assocs., 223 A.D.2d 618, 637 N.Y.S.2d 418, 422 (2d Dep't 1996) (written representation of partnership establishes prima facie showing of partnership); Mulvey v. Hamilton, 57 A.D.2d 995, 394 N.Y.S.2d 318, 319 (3d Dep't 1977) (evidence that party held himself out to be a partner and that plaintiff performed services in reliance on that representation sufficient to hold party liable to plaintiff). Even if Robert Ault disputes that he made this representation, such a dispute simply creates a question of fact to be resolved by a jury. See Sitchenko v. DiResta, 512 F.Supp. 758, 762 (E.D.N.Y.1981) (conflicting affidavits of parties regarding whether defendant represented that partnership existed created question of fact precluding summary judgment).
In order to estop Robert Ault from denying the existence of a partnership, Ads Plus also must establish that there is at least a question of fact as to whether it relied upon Robert Ault's status as a partner when it undertook its contractual obligations. Cf. Milano v. Freed, 64 F.3d at 98 (no issue of fact where plaintiffs did not allege that they relied upon representation that doctor was partner in medical group when deciding to take child to medical group for treatment); Stochastic Decisions, Inc. v. DiDomenico, 995 F.2d 1158, 1169 (2d Cir.) (no partnership by estoppel where plaintiff failed to allege that he " gave credit" to defendant on the basis of partnership representation), cert. denied, 510 U.S. 945, 114 S.Ct. 385, 126 L.Ed.2d 334 (1993); White v. E. Nassau Med. Grp., 253 A.D.2d 812, 678 N.Y.S.2d 110, 110 (2d Dep't 1998) (" plaintiffs failed to submit evidence to establish that they knew of or relied on the appellant's purported public indicia of partnership when they sought treatment for the infant plaintiff" ); Ranieri v. Leavy, 180 A.D.2d 723, 580 N.Y.S.2d 366, 367 (2d Dep't 1992) (" conduct or representations ... that were not concurrent with or prior to the execution of the contract have no bearing on the issue of whether the defendants held themselves out as a partnership" ). Although Robert Ault's representation, assuming it was made, occurred no earlier than May 2008, the projects for which Ads Plus allegedly
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has not been paid were performed in or after May 2008.
Thus, genuine issues of material fact exist as to Robert Ault's liability for any amounts due Ads Plus for work performed after May 2008. See, e.g., Four Star Capital Corp. v. Nynex Corp., 183 F.R.D. 91, 105-106 (S.D.N.Y.1997) (issue of fact as to whether party represented itself as a partner and therefore could be liable for breach of contract); Sitchenko v. DiResta, 512 F.Supp. at 761-62 (issue of fact as to whether party held itself out as a partner and therefore could be liable for services performed by plaintiff in reliance). Cook asserts that she first spoke to Robert in May 2008 about difficulties in obtaining payments. Subsequent email communications between Alan Ault and Cook reveal that Cook expressed hesitancy to complete additional projects until the outstanding invoices were paid; she also advised Alan Ault that she was " overextended at the bank" due to Alan Ault's failure to pay the outstanding invoices. (Docket # 20-7 at 40-42, 44, 46, 52). These allegations, coupled with Cook's assertions that Robert assured her that, as Alan's partner, he would be responsible for the finances and provided her with a $30,000 check to hold in " good faith," could lead a jury to conclude that Ads Plus relied upon Robert Ault's representation in continuing its contractual work with defendants. Accordingly, summary judgment is inappropriate.
For the reasons discussed above, Robert Ault's motion for summary judgment (Docket # 20) is DENIED.
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Las Moradas de Simancas: Find photos, reviews, information, amenities and compare prices for 4 stars hotels in Simancas, Spain.
Las Moradas de Simancas offers comfortable 4-star accommodation in Simancas.
Hotel description
The hotel provides comfortable rooms, designed to fit the needs of any guest.
Set in Rueda (DO), those staying at Las Moradas De Simancas Hotel can try the area's specialties and everything it has to offer. Valladolid and Tordesillas are also a short car ride away.
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Having undesirable fat in various areas of your body can have a significant effect on your health and self-esteem. While traditional weight loss through workout and diet is a great way to lose weight overall, even the best exercises can't target problem areas like the tummy, inner thighs, arms, and butts. Liposuction is a time checked treatment that is used to get rid of excess fat from particular locations of the body, allowing a specific to form and contour their body to their liking. Is liposuction right for you? Discover now.
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Required Paperwork
All paperwork must be filled out prior to trying out for a sport. Please see the "Forms" page for all the paperwork needed. Prior to trying out for a sport during the school year, students must check in with the Nease Athletic Trainer to confirm they are cleared to tryout. There will be a "Check In" table for each sport or you can bring paperwork to the Nease front office. Physicals and paperwork are good for one year.
Paperwork Turn In/Tryouts
The following Winter Sports are starting tryouts:
Girls Soccer – There is a FHSAA paperwork turn in on Tuesday, October 4 in the gym after school for Girls Soccer. Come turn in your paperwork so you are cleared for tryouts. Girls Soccer team tryouts are set for Monday, October 10 after school from 4:15 p.m. to 6 p.m. (Wed. 3:15 p.m. to 5 p.m.) and will last four days. Meet at the front practice field at the end of the portables.
Boys Soccer – The Boys Soccer paperwork turn in is set for Tuesday, October 11 in the gym after school. Come make sure you have everything turned in so you can tryout. Boys Soccer team tryouts run Monday, October 17 through Thursday, October 20 after school at 4:15 p.m. to 5:45 p.m. (Wed. 3:15 p.m. to 4:45 p.m.). Meet at the front practice field at the end of the portables.
Girls Weightlifting – The girls weightlifting team has an informational meeting on Friday, September 30 after school. There will be a paperwork turn in for the team on Tuesday, October 11 in the gym after school. The season begins on Monday, October 17…meet at the weight room.
Girls Basketball – The girls paperwork turn in is set for Wednesday, October 19 in the gym after school. Tryouts start on Monday, October 24 after school in the gym.
Boys Basketball – The boys paperwork turn in is set for Tuesday, October 25 in the gym after school. Tryouts are on Monday, October 31 from 7 a.m. to 8:45 a.m. in the gym for 10th and 11th graders and from 4 p.m. to 6 p.m. for 11th and 12th graders. Then 10th and 11th grade tryouts will continue on November 1 from 6 p.m. to 8 p.m.
Wrestling – Wrestling paperwork turn in is set for Tuesday, November 1. The season begins on Monday, November 7.
District Champions/Regional Runner Up
Congratulations to the Nease Girls Golf team for winning the District 6 Championship! They had the low team score of 308 and the next closest score was 327. Way to go girls!! They continued their season at the Regionals and placed as runner up. They will now be headed to the State Championships!
Female Athlete Video
Nease female athletes took to the screen for a special video highlighting how playing high school sports has positively impacted their lives. Female athletes…Do you play?
Player of the Year
Nease senior student-athlete Aris Duffey was named the St. Johns County "2015-16 Defensive Player of the Year" for Football by the St. Augustine Record. Congratulations!
Rising sophomore Katherine Jakeway was named as the St. Augustine Record's "2014-15 Player of the Year" for Girls Tennis. She beat the number one player from every county public school at least once this spring. Katherine ended the season with a 15-1 record. Congratulations!
Cheer Team Wins Grand Championship!
Congratulations to our Nease Competitive Cheer Squad for winning First Place – Small Varsity Division at the UCA All Out Championships at UNF this weekend. The Nease Team was also named Grand Champion at the event, which means they scored higher than all 26 teams in every category!!! Congratulations Coach Melissa Fraum! Visit Cheer Site
Nease Twitter and Instagram
Nease Athletics is now on Twitter and Instagram. Join in the conversation @neaseathletics or check out the photos at Nease athletics.
Volunteer Driver Information
Please complete the attached Driver's form. Please send the form and a copy of your Driver's License and your Insurance Declarations Page to Angie Stricklin, Athletics Department. You must also complete the on-line Volunteer form on the Nease High School website.
Signing Day 2016
Athletics Info
Golden Panther Booster Club – new website! The Golden Panther Booster Club has a new website www.neasegpbc.org.
Neff Letter Jacket Orders – The Neff Company Letter jacket order forms are available in the Athletics Office. Just bring in your letter, complete the form, and attach a check and we will get your order sent in to Neff.
Thank You!
- Thank you to Atlas Physical Therapy and Southeast Orthopedics for sponsoring the Annual Nease Sports Physicals and helping to get our student-athletes ready for the next school year!
- A big thank you to BOZARD Ford/Lincoln for supporting Nease Football through their "Driven to Give" test drive program.
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This HTTP server is operated by the Information Technology Department of the St. Johns District School System. In order to maximize the currency and completeness of the information presented here, many people are permitted to write or alter various portions of the information residing on this server. Thus, we make no guarantees as to the accuracy or quality of information stored here. If misleading or otherwise inappropriate information is brought to our attention, a reasonable effort will be made to fix or remove it. Such concerns should be addressed to the author of the material (if known) first. Information provided by school home pages, user home pages or by links to remote servers is not generally under the editorial control of the Information Technology Department and does not necessarily reflect official information or opinions of the State of Florida, the District School Board of St. Johns County, or the Information Technology Department. If you have questions, complaints or suggestions, e-mail us here.
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Jurys Inn Brighton: Find photos, reviews, information, amenities and compare prices for 3 stars hotels in Brighton, United Kingdom.
Located in Brighton, Jurys Inn offers stylish, 3-star accommodation close to the Brighton Toy and Model Museum. Surrounded by local bars and restaurants, it is less than 10-minutes' stroll from Brighton Railway Station.
Hotel description
This modern hotel provides meeting rooms, a coffee bar and an express check-in and check-out feature. Welcoming and professional team members are available 24-hours a day.
All the modern rooms at Jurys Inn Brighton provide heating, tea and coffee making facilities and a private bathroom. A hair dryer, a telephone and a shower are also provided.
Guests are able to unwind with a beverage at Brighton Jurys Inn's bar and try international style food in the restaurant. The hotel also serves breakfast each day.
Jurys Inn is conveniently located for sightseeing in Brighton with King and Queen Brighton, the London Road Viaduct and 155-158 North Street within a 10-minute walk. Royal Pavilion and the Brighton Museum and Art Gallery are also within 20 minutes' walk.
Hotel features
Room Service, Restaurant, Bar / Lounge, Air Conditioned, Coffee / Tea Maker, Hair Dryer, TV, Shower, En suite, Private Bathroom, Coffee Shop/Cafeteria, Vending Machines
Elevator / Lift, 24 Hour Reception, Dry Cleaning, Conference Room(s), Currency Exchange, Multilingual Staff, Safe-Deposit Box, ATM / Cash Machine, Meeting Rooms, Laundry service, Photocopier, Luggage Storage, Express Check-In/Check-Out, Self Laundry
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