text:
Homemade Raisan Walnut Granola Cereal
You can substitute any chopped dried fruit for the raisans. And any nut for the walnuts. I've tried all variations.
Featured Pinch Tips Video
- 4 c
- oats(not quick cooking)
- 1 1/2 c
- chopped walnuts
- 4 tsp
- cinnamon
- 1 tsp
- nutmeg
- 1 tsp
- ground clove
- 1 tsp
- ground ginger
- 1/2 tsp
- salt
- 1 1/2 c
- raisins
- 1/4 c
- canola oil
- 1/2 c
- honey
- 1 tsp
- pure vanilla extract
- 3/4 c
- light brown surgar-packed
Directions Step-By-Step
1Mix all dry ingredients together in a big bowl except raisans. Set aside.
2Heat oil, honey and vanilla, just until starts bubbling. When it comes to a boil pour honey over the oat mixture and stir until well blended.
3Put a sheet of foil over 2 cookies with sides on them. Split half in each pan and spread out in a layer.
4Bake in 300 degrees for 40 minutes. Stirring every 10 minutes. When finished take out of oven and let cool completely in the pan.
5When cooled completely, add raisans and mix.
6Put mixture in a sealed container. Serve with milk. also great in yogurt and on ice cream.
About this Recipe
Course/Dish: Other Breakfast, Other Snacks
Main Ingredient: Rice/Grains
Regional Style: American
Other Tags: Quick & Easy, Healthy


text:
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September 14, 2009
DANA L. MALONE, PLAINTIFF,v.ILLINOIS DEPARTMENT OF CORRECTIONS; CENTRAL MANAGEMENT SERVICES; STATE EMPLOYEES' RETIREMENT SYSTEM DEFENDANTS.
Dana Malone has sued the Illinois Department of Corrections (IDOC), the Illinois Department of Central Management Services (CMS), and the State Employees' Retirement System (SERS), asserting a claim for retaliation of the Americans with Disabilities Act, 42 U.S.C. § 12203(a), and the Rehabilitation Act of 1973, 29 U.S.C. § 794(d). The defendants have moved for summary judgment on all of Malone's claims. For the following reasons, the Court grants defendants' motion in part, and denies it in part.
Because the defendants have moved for summary judgment, the Court views the facts in the light most favorable to Malone and draws reasonable inferences in her favor. See, e.g., Nat'l Athletic Sportswear, Inc. v. Westfield Ins. Co., 528 F.3d 508, 512 (7th Cir. 2008).
Malone was employed by IDOC in a position entitled Youth Supervisor II. IDOC is a state agency that oversees and manages correctional facilities in Illinois. In 1993, Malone suffered an injury at work and was unable to perform her duties as a Youth Supervisor II. After she was placed on disability and awarded worker's compensation benefits, Malone applied for the Alternative Employment Program (AEP), administered by CMS, the state agency responsible for employee placement. The program places state employees with disabilities in jobs they can perform with their medical restrictions. Malone was first admitted into the AEP in 1994 and was enrolled again in 2001.
Once an employee is enrolled in AEP, CMS issues her an AEP grade. The AEP grade is the mechanism by which AEP refers a participant to an available position. AEP grades typically expire after three years. While in AEP, an employee remains on leave with her employer-agency. If the employee's AEP grades expire, the employee returns to her former position with her agency if medically able to do so, retires if eligible, resigns, or is discharged.
In November 2002, Malone filed a lawsuit against several IDOC employees, alleging discrimination and failure to accommodate her disability. Malone v. Shallcross, No. 02 C 8126, 2004 WL 2534382 (N.D. Ill. Nov. 8, 2004) (Malone I). Another judge of this court ultimately granted defendants' motion for summary judgment in that case. Id.
After losing her lawsuit, Malone tried to obtain placement in IDOC. She contends that IDOC and CMS employees refused to speak with her or answer her questions about her employment status. When Malone's AEP grades automatically expired in 2004, she says, no one informed her of this development or of other employment options she could have pursued, including applying for positions directly with IDOC.
In March 2005, Malone filed an EEOC charge claiming retaliation, naming IDOC as the respondent. In her charge, Malone stated that "after becoming disabled I was supposed to have been placed in Respondent's Alternative Employment program" but was "never . . . notified of any positions that have been available and for which I can perform the duties. Respondent has not clarified my employment status, and I have been left on leave for the past eleven years. This has continued because of my prior charges of discrimination." Pl. Ex. 2. After receiving a right-to-sue notice from the EEOC, Malone filed this lawsuit in July 2005.
IDOC and CMS contend that prior to January 1, 2005, there was no policy or procedure in place through which CMS informed agencies or AEP participants of the expiration of employees' AEP grades. Beginning in June 2005, CMS informed participants whose grades had previously expired that they were no longer eligible to participate in AEP. Malone was not informed that her grades had expired until October 2005, after repeated phone calls to various CMS and IDOC employees.
In January 2007, a SERS employee directed the State's Attorney's Office to collect a $17,807.18 debt from Malone. That debt had previously been discharged in bankruptcy. On February 13, 2007, Malone received a letter demanding that she contact the State's Attorney's Office to arrange payment. SERS took no further action with respect to the matter. SERS admits that it had no authority to attempt to collect the discharged debt.
Summary judgment is appropriate if "the pleadings, the discovery and disclosure materials on file, and any affidavits show that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(c). To determine whether a genuine issue of material fact exists, the Court must view the record in the light most favorable to the nonmoving party and draw reasonable inferences in that party's favor. Anderson v. Liberty Lobby, 477 U.S. 242, 248 (1986); Lesch v. Crown Cork & Seal Co., 282 F.3d 467, 471 (7th Cir. 2002). A genuine issue of triable fact exists only if "the evidence is such that a reasonable jury could return a verdict for the nonmoving party." Anderson, 477 U.S. at 248.
A. Exhaustion
Defendants contend that Malone cannot bring this suit against CMS and SERS because she failed to exhaust her administrative remedies with respect to those two entities due to the fact that she did not name them in her EEOC charge.
To maintain a claim under the ADA or the Rehabilitation Act, an employee must first file a charge with the EEOC. Sitar v. Indiana Dep't of Trans., 344 F.3d 720, 726 (7th Cir. 2003). The allegations in the suit must be like or reasonably related to the charge. Haugerud v. Amery School Dist., 259 F.3d 678, 689 (7th Cir. 2001). Generally, a party must be named as a respondent in the EEOC charge in order to be subject to suit. Tamayo v. Blagojevich, 526 F.3d 1074, 1089 (7th Cir. 2008). A party not named in the charge may be sued, however, if it had notice of the charge and an opportunity to participate in conciliation. Id.; see also, Eggleston v. Chicago Journeymen Plumbers' Local Union No. 130, U.A., 657 F.2d 890, 906 (7th Cir. 1981). In determining whether plaintiff's failure to name a party in the EEOC charge may be excused, a court considers four factors: (1) whether the complainant could ascertain the role of the unnamed party through reasonable effort at the time she filed the EEOC charge; (2) whether the interests of a party named in the charge are so similar to those of the unnamed party that to obtain voluntary conciliation and compliance, it would be unnecessary to include the unnamed party in the EEOC proceedings; (3) whether that party's absence from the EEOC proceedings resulted in actual prejudice to its interests; and (4) whether the unnamed party has in some way represented to the complainant that its relationship with her is to be via the party named in the charge. Id. at 908.
Although Malone's EEOC charge named only IDOC as the respondent, her allegations revolve around her participation in the AEP, which CMS administers. The Court cannot say, based on the record, that CMS had actual notice of Malone's EEOC charge. Most of the Eggleston factors, however, support a finding that Malone's failure to name CMS in the EEOC charge should be excused. First, the Court cannot conclude on the current record that Malone reasonably could be expected to understand that CMS, which is part of state government like IDOC, was a separate and distinct organization. Second, the interests of IDOC and CMS are similar, in that both are state agencies and cooperate with each other in the administration of the AEP program for IDOC employees. Third, CMS does not argue that it suffered actual prejudice due to Malone's failure to name it in the EEOC proceedings, and it does not appear from the record that CMS could make a viable argument in this regard. As for the fourth factor, there is no evidence that CMS represented to Malone that its relationship to her was through IDOC. That factor is the only one that weighs in CMS's favor. As a result, the Eggleston factors favor Malone, and her failure to name CMS should be excused. Furthermore, Malone's allegations brought CMS within the ambit of her EEOC charge, even though CMS was not named in the charge, because her allegations were aimed at a function that only CMS performed, namely management of IDOC employees' participation in AEP. As a result, the EEOC charge provided sufficient information to alert CMS, via IDOC, regarding the basis for her charge and thereby provided CMS the opportunity to participate in conciliation, if it so desired.
Defendants also contend that Malone's EEOC charge failed to provide notice of her allegations regarding her 2008 promotional grade applications. Malone does not address the 2008 promotional grade applications in her response to defendants argument. As a result, she has forfeited any argument on that particular issue.
The same is not true of SERS. Nothing in Malone's EEOC charge could have put SERS on notice of her claim against that agency. In fact, the basis of Malone's claim against SERS-its attempted collection of her discharged debt-did not arise until 2007, two years after Malone filed her EEOC charge.*fn1 As a result, Malone has failed to exhaust her administrative remedies and cannot maintain her claim against SERS.
B. Judicial Estoppel and Claim Preclusion
Defendants contend that Malone's statements before the Social Security Administration (SSA) that she was disabled preclude her from seeking any relief in this case premised on her ability to work. For judicial estoppel to apply, "the latter position must be clearly inconsistent with the earlier position; the facts at issue must be the same in both cases; and the party to be estopped must have prevailed upon the court to adopt the first position." Urbania v. Central States, Se. & Sw. Areas Pension Fund, 421 F.3d 580, 589 (7th Cir. 2005). In this case, the record makes it clear that Malone's statements to the SSA, made in 2003, referred to her disability at that time. And the benefits she received were for temporary disability. Seen in this context, Malone's statements to the SSA are not inconsistent with her allegations in this case that she later became able to perform at least some of the duties of a Youth Supervisor II. Thus, Malone is not estopped from contending that she can now perform duties that she testified she was previously unable to perform.
Defendants also contend that the doctrine of claim preclusion bars Malone from asserting claims based on conduct that she could have asserted in Malone I. The Court previously determined that to avoid the application of claim preclusion, Malone's claims must be limited to conduct that occurred after November 1, 2004. See Order of Dec. 12, 2005. Malone's claims, as they stand today, meet that standard. As a result, the doctrine of claim preclusion does not bar her claims.
C. Prima Facie Case of Retaliation
Malone has elected to proceed on her retaliation claim via the indirect method of proof. To establish a prima facie case under the indirect method, Malone must demonstrate that: (1) she engaged in protected activity; (2) she suffered a materially adverse employment action; and (3) she was treated less favorably that similarly-situated employees who did not engage in protected activity. Stone v. City of Indianapolis Public Utilities Div., 281 F.3d 640, 644 (7th Cir. 2002). It is undisputed that Malone engaged in protected activity by filing Malone I.
Defendants contend that Malone cannot show that either IDOC or CMS subjected her to a materially adverse employment action. A materially adverse employment action is one that might dissuade a reasonable employee from making or supporting a charge of discrimination. Burlington Northern & Santa Fe Railway Co. v. White, 548 U.S. 53, 68 (2006). The question of whether an action is materially adverse is one of fact and "can be resolved on summary judgment only if the question is not fairly contestable." Basith v. Cook County, 241 F.3d 919, 933 (7th Cir. 2001).
Malone testified at her deposition that after the dismissal of Malone I, no one at CMS or IDOC would answer her questions about her status in the AEP. Then, after she became aware that her AEP grades had expired, no one at CMS or at IDOC informed her that she could apply for positions directly to IDOC. Rather, she testified that she was told that she could not enter IDOC property while her lawsuit was pending. Although defendants paint Malone's account of her treatment by CMS and IDOC employees as a minor annoyance or a petty slight, a reasonable jury could conclude that a reasonable employee would have been deterred from making a charge of discrimination if subjected to that sort of treatment.
Defendants contend that Malone has failed to identify similarly situated individuals who did not engage in protected conduct who were treated more favorably. To demonstrate that another employee was similarly situated, Malone "need not show complete identity in comparing [herself] to the better treated employee." Stone, 281 F.3d at 644. Rather, she must demonstrate that "the employee is comparable to the plaintiff in all material respects." Warren v. Solo Cup Co., 516 F.3d 627, 630-31 (7th Cir. 2008) (emphasis in original). The characteristics that are material depend on the context of the case. See Radue v. Kimberly-Clark Corp., 219 F.3d 612, 618 (7th Cir. 2000).
Malone claims identified two individuals were similarly situated to her but were treated more favorably by IDOC and CMS: Dana Pickel and Monica Barry. Both women were employed as correctional officers by IDOC and participated in the AEP. Both were assigned the same bargaining code (a number that indicates the employee's position requirements and pay grade) as Malone. Pickel, who did not engage in protected activity, was notified in 2005 by CMS that her AEP grades were terminated, and she was reinstated to her former position. Barry was also ultimately reinstated to her former position. She engaged in protected activity by filing a charge with the EEOC, but she did not file suit in court. Rather, pursuant to a deal negotiated with the help of her union, she was permitted to remain on AEP for an additional year.
Defendants contend that Pickel is not similarly situated because her AEP grades expired after a new AEP information-sharing policy was in place. The similarly-situated inquiry does not require, however, that the compared employee be identical to the plaintiff. Given the other similarities between Malone and Pickel, a reasonable jury could conclude that the two are similarly situated and that CMS treated Pickel more favorably.
Defendants contend that Barry's negotiated deal renders her dissimilar to Malone for the purposes of the prima facie case. This is precisely the dissimilarity that qualifies Barry as a potential comparator to Malone. Barry-who did not file a lawsuit-was offered an alternative that Malone contends was not presented to her. That, combined with the previously stated similarities, would allow a reasonable jury to conclude that Barry was similarly situated yet treated more favorably.
D. Pretext
Once a plaintiff has established a prima facie case, the defendant is entitled to summary judgment if it presents unrebutted evidence of a non-invidious reason for the adverse action. Stone, 281 F.3d at 644. "Otherwise, there must be a trial." Id.
IDOC contends that it did not inform Malone of her employment options because it was unaware that her AEP grades had expired. Because IDOC's AEP coordinator, Lesa Schaive, focused on employees for whom CMS had a file, and because CMS had no file on Malone due to the previous expiration of her AEP grades, IDOC contends that it was a mere oversight that Schiave did not learn of Malone's status. Although she could not recall specific dates, Malone testified at her deposition that she contacted IDOC employees to verify her employment status but was either ignored or passed off to other employees without answers to her questions. IDOC argues that this testimony is insufficient to support a reasonable inference of retaliatory motive. The evaluation of Malone's testimony is a credibility determination, which is inappropriate for resolution at the summary judgment stage. If credited, Malone's testimony could support an inference that IDOC's proffered explanation-a clerical oversight-is untrue and thus pretextual. The fact that Malone contacted IDOC employees to inquire about her status could call into question IDOC's contention that it was totally ignorant of her situation. In addition, even after Malone and IDOC knew that her AEP grades had expired, Malone contends, IDOC failed to inform her of other employment options. From this, a reasonable jury could infer that IDOC's motive was retaliatory.
CMS contends that it did not inform Malone that her AEP grades had expired because it simply was not keeping track of grade expirations at the time. CMS also argues that Malone cannot show pretext because other employees whose AEP grades expired before 2005 were not notified of the expiration of their grades when they expired. Thus, CMS contends, Malone cannot show that the fact that she was denied information was retaliatory. Malone has, however, produced evidence that CMS was aware that her AEP grades had expired at least two months before she actually received notice of the expiration. In addition, there is evidence that other employees whose grades had previously expired began receiving notifications as early as June 2005. Yet, according to Malone, she did not learn that her grades had expired until late-October, after several phone calls to IDOC. From this, a reasonable jury could conclude that CMS's proffered reason for failing to notify Malone-that she essentially fell through the cracks-was untrue and thus a pretext for retaliation.
For these reasons, the Court grants defendants' motion for summary judgment with respect to defendant SERS, but denies the motions with respect to defendants CMS and IDOC, except with regard to the forfeited point identified at page six of this decision. The case is set for a status hearing on September 16, 2009 at 9:30 a.m.
MATTHEW F. KENNELLY United States District Judge
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With a young family whose car has been damaged in an reckless bomb attack on falls rd. Car hit, young kids on board. Dissidents be ashamed.
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January 31, 2012
THOMAS K. BEGESKE, ET AL., PLAINTIFFS,v.GENERAL TEAMSTERS UNION, LOCAL 673,DEFENDANT.
This matter arises out of the failure of Defendant General Teamsters Union, Local 673 ("Local 673") to file a timely notice with Plaintiff's employer, UChicago Argonne, LLC, of its desire to reopen the collective bargaining agreement between Defendant and UChicago Argonne to renegotiate wages for Plaintiffs. Plaintiffs filed a one-count complaint alleging breach of the duty of fair representation. Both parties have moved for summary judgment on the issue of liability [68 & 74], Plaintiffs have moved to deem requests to admit admitted [72], and Defendant has moved to strike Plaintiffs' reply [87]. For the reasons set forth below, the Court denies Plaintiffs' motion to deem requests to admit admitted [72], denies Defendant's motion to strike [87], and denies Defendant's motion for summary judgment [68]. The Court grants Plaintiffs' motion for partial summary judgment [74].
I. Background
Defendant General Teamsters Union, Local 673 ("Local 673") operates as a "labor organization" under the Labor Management Relations Act of 1947 ("LMRA"). Plaintiffs are employed by UChicago Argonne, LLC ("Argonne"). Pursuant to a collective bargaining agreement ("the agreement") between Local 673 and Argonne, Local 673 is the exclusive bargaining representative of Plaintiffs in their dealings with Argonne. Plaintiff Thomas Begeske, a union steward with Local 673, was responsible for interacting with the union concerning labor disputes and the filing of grievances. Javier Najera, Local 673's business agent, monitored and administered the collective bargaining agreement with Argonne. Paul Hawkins was the president of the union, and Roger Kohler was the union's business manager, secretary-treasurer, and principal officer. Both Kohler and Hawkins were elected to their positions in November 2007.
Section 17.2 of the collective bargaining agreement between Local 673 and Argonne contained a two-year wage-reopener clause which stated:
Notwithstanding the preceding sentences in this Section 17.2, the Union or the Laboratory may reopen Appendix A for the purpose of negotiating basic hourly rates to be effective on March 9, 2009 and March 8, 2010. This Agreement will be reopened for such purpose only if either party notifies the other in writing at least sixty (60) calendar days prior to March 6, 2009 that it desires to reopen the Agreement. Failing receipt by either party of such written notice prior to said sixty days, this Agreement shall continue in full force and effect until its expiration date.
Local 673 negotiated the agreement with Argonne on behalf of its members and customarily reopened collective bargaining agreements containing wage reopener clauses. Although nothing in Section 17.2 guarantees that Argonne will give the union a raise as a result of any negotiations, Darryl Howe, the manager of employee relations at Argonne, testified that the only period when the union did not receive a raise was during a federal wage freeze in 1993.
The union relies upon a computer system, the Titan System, to administer contracts, update membership lists, and keep track of dues payments. The Titan System was in place prior to Hawkins and Kohler taking office in January 2008, and the union historically has relied on the system for these tasks. The Titan System is not networked to other computers in Defendant's office; rather, it is connected to the Teamsters' International Office in Washington, D.C. To access information on the Titan System, one runs a query on the database. Unlike certain calendar and e-mail software programs such as "Outlook," there are no event driven individual "pop-up" notifications that one receives when signing into the Titan System. Reports produced on the Titan System contain columns for the start date and the end date of a CBA, but there is no database or search column for information relating to a wage reopener.
Kohler, along with two secretaries, had access to the Titan System. Kohler's duties included sending out notices of CBA renewals and wage reopeners. It was Kohler's regular practice to process wage openers the first or second week of the month, because "virtually all" of the union's other collective bargaining agreements have expiration dates at the end of the month. His assistant would print from the Titan System monthly a list to keep track of employers with upcoming contract expirations. These reports do not include or identify contracts that have mid-contract or mid-term wage reopeners. Kohler testified that contracts or wage reopeners generally expire at the end of a month, but that a few contracts may expire in the middle of the month. It is undisputed that the Argonne collective bargaining agreement required Local 673 to notify Argonne on or before January 5, 2009, that it desired to reopen the agreement to negotiate wages.
In late November or early December 2008, Begeske called Najera and reminded him that the time to give notice pursuant to the wage reopener clause would expire shortly. Najera, as a business agent, does not personally send a notice to employers of the union's intent to renegotiate a collective bargaining agreement or wage reopener. Begeske did not call anyone else from the union to remind them of the wage reopener, but Najera testified (and Defendant admits) that Najera relayed the information about the upcoming deadline for the Argonne contract to Kohler, whose job it was to keep track of the wage opener dates. Kohler told Najera that the contract would pop up in the Titan System. On January 4 or 5, 2009, Begeske called Najera a second time and asked whether or not the union had sent the wage reopener letter. Najera again told him not to worry.*fn1 After the conversation with Begeske in January 2009, Najera again told Kohler that the notification needed to be sent out. Despite these reminders and the common practice of reopening agreements, Local 673 failed to notify Argonne on or before January 5 that it desired to reopen the agreement and negotiate wages. Instead, the union notified Argonne on January 14, nine days after the deadline.
In late January, Argonne informed Defendant that Argonne would not reopen the agreement because Defendant had missed the deadline. This was the first time that the union and Kohler had sent a late notice either to renew or reopen a contract for negotiations. On January 24, both Kohler and Najera sent letters to a labor and employment attorney at Argonne, asking Argonne to reconsider its denial of the union's request to reopen negotiations, based on what the union dubbed a "clerical error." In his letter, Kohler stated,
I value and respect the ability my staff to handle their responsibilities in a professional manner. Every manager has delegate to his staff, but I am ultimately responsible for any such failings in their work. We have hundreds of contracts at this Local and this procedure has been done flawlessly to date. This was a clerical error. Virtually all of our contracts end at the end of the month. The 60 Day limit came 1 day after the return from the Holidays. My staff person, Business Representative, and I are devastated by the implications of this error.
Najera, in his letter, stated that he "would like to formally apologize for my untimeliness in sending the request for reopening wages in order to renegotiate." He also told Argonne that Begeske informed him of the expiration date being 2009 for wages and that he "immediately had the notification sent." However, during his deposition, Najera admitted that he did not have a notification sent to Argonne. He also explained in his deposition that it was not his error, and that he wrote this to take responsibility for the union's error. After receiving these letters, Argonne agreed to meet with union officials; however, they ultimately refused to reopen the CBA to renegotiate Plaintiffs' wages.
On May 20, 2009, Argonne notified Defendant that it would have negotiated the wages in good faith if Defendant had timely requested to reopen the agreement. On previous occasions when Defendant and Argonne negotiated wages pursuant to a wage reopener clause, union members have received between 2.8% and 3.2% raises per year. Plaintiffs did not receive a raise in 2009 or 2010. As a result of Defendant's failure to timely file a request to reopen the agreement, Plaintiffs filed a one-count complaint against Local 673 for breach of the duty of fair representation.
II. Miscellaneous Motions
A.Plaintiffs' motion to deem requests to admit admitted
On November 16, 2009, Plaintiffs served Defendant with a copy of Plaintiffs' First Set of Requests to Admit, along with Plaintiffs' First Request for Production of Documents and Plaintiffs' First Set of Interrogatories. Federal Rule of Civil Procedure 36 states in pertinent part: "A matter is admitted unless, within 30 days after being served, the party to whom the request is directed serves on the requesting party a written answer or objection addressed to the matter and signed by the party or its attorney. A shorter or longer time for responding may be stipulated to under Rule 29 or be ordered by the court." Fed. R. Civ. P. 36(a)(3). Defendant failed to respond to Plaintiffs' requests within 30 days, or on or before December 16, 2009. However, Defendant answered Plaintiffs' requests on January 18, 2010.
On May 27, 2011, 16 months after Defendant answered Plaintiffs' requests, Plaintiff filed a motion to have the requests deemed admitted because Defendant was approximately one month late in responding to the requests. Plaintiff has not demonstrated any prejudice as a result of Defendant's failure to submit its responses within thirty days, particularly given that a motion to dismiss was pending before the Court during the time Defendant's responses were due. Moreover, waiting until 16 months after the requests were due to complain about untimeliness does nothing to help Plaintiff's cause. Finally, any facts that Plaintiff seeks to have admitted that are relevant to the summary judgment motions are not disputed. Plaintiff's motion is denied.
B.Defendant's motion to strike
Defendant seeks to strike pages 2-9 of Plaintiffs' reply brief in support of their motion for summary judgment because Plaintiffs' reply allegedly contains arguments that constitute an improper surreply on three issues raised in Defendant's motion for summary judgment. The three issues relate to Defendant's arguments that 1) Plaintiffs failed to establish subject-matter jurisdiction, 2) Defendant's conduct did not impact a minority of the Plaintiffs' within the bargaining unit, and 3) Plaintiffs are not entitled to attorneys' fees. Contrary to Defendant's position, Plaintiffs properly responded to Defendant's arguments, as Defendant offered each of the three arguments identified above against Plaintiffs' motion for summary judgment in Defendant's brief filed on June 17, 2011. In other words, Defendant used these arguments to support both a denial Plaintiffs' motion for summary judgment and a granting of Defendant's summary judgment motion. Each side filed two memoranda in support of their motions for summary judgment (an opening brief and a reply) and each brief addressed substantially the same issues. Plaintiffs' reply was entirely proper. Defendant's motion is denied.
III. Analysis
A. Legal Standard
Summary judgment is proper 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). On cross-motions for summary judgment, the Court construes all facts and inferences "in favor of the party against whom the motion under consideration is made." In re. United Air Lines, Inc., 453 F.3d 463, 468 (7th Cir. 2006) (quoting Kort v. Diversified Collection Servs., Inc., 394 F.3d 530, 536 (7th Cir. 2005)); see also Gross v. PPG Industries, Inc., 636 F.3d 884, 888 (7th Cir. 2011); Foley v. City of Lafayette, Ind.,359 F.3d 925, 928 (7th Cir. 2004). To avoid summary judgment, the opposing party must go beyond the pleadings and "set forth specific facts showing that there is a genuine issue for trial." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250 (1986) (internal quotation marks and citation omitted).
A genuine issue of material fact exists if "the evidence is such that a reasonable jury could return a verdict for the nonmoving party." Id. at 248. The party seeking summary judgment has the burden of establishing the lack of any genuine issue of material fact. See Celotex Corp. v. Catrett,477 U.S. 317, 323 (1986). Summary judgment is proper against "a party who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial." Id. at 322. The party opposing summary judgment "must do more than simply show that there is some metaphysical doubt as to the material facts." Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 586 (1986). "The mere existence of a scintilla of evidence in support of the opposing] position will be insufficient; there must be evidence on which the jury could reasonably find for the [opposing party]." Anderson, 477 U.S. at 252.
B. Duty of Fair Representation
Congress enacted § 301 of the LMRA in order to impose "a higher level of responsibility" upon parties involved in collective bargaining agreements. Hines v. Anchor Motor Freights, Inc., 424 U.S. 554, 559 (1976). Because the collective bargaining system "subordinates the interests of an individual employee to the collective interests of all employees in a bargaining unit" (Vaca v. Sipes, 386 U.S. 171, 182 (1967)), a bargaining agent has "the responsibility and duty of fair representation." (Humphrey v. Moore, 375 U.S. 335, 342 (1964)). The duty of fair representation requires a union to satisfy all members' interests without hostility or discrimination, to exercise its bargaining power in good faith and honesty, and to refrain from arbitrary conduct. Id. at 342.*fn2
Defendant argues that Plaintiffs cannot establish a claim because "the duty of fair representation does not run to the majority." Def. Reply at 6. Defendant contends that its actions had an identical impact on each member of the bargaining unit and therefore it did not hinder a minority preference. In other words, because one individual Plaintiff was treated no differently than any other Plaintiff, there is no differential treatment to a minority interest and thus no claim. Not surprisingly, Defendant does not cite to any authority which supports this theory. The cases cited by Defendant do not support a theory that a minority of members of a bargaining unit must be affected by a union's alleged arbitrary conduct to have a claim and the Court knows of no such requirement that only a numerical minority can bring a claim against a union for violating the duty of fair representation. Under Defendant's rationale, if white leadership discriminated against black union members, the union could do so with impunity if the majority of the union was black, since, according to Defendant, a claim for duty of fair representation cannot be made when a numerical majority of the union members are wronged by the union. But a union has "a statutory duty fairly to represent all of those employees, both in its collective bargaining * * * and in its enforcement of the resulting collective bargaining agreement." Vaca v. Sipes, 386 U.S. 171, 177 (1967). In any event, Plaintiffs in this lawsuit are only a portion of the employees that the union represents. As noted by Kohler in his letter to Argonne, the union has "hundreds of contracts at this Local and this procedure ha[d] been done flawlessly to date." Thus, it was only this set of union members (a minority of the union at large) that the union's conduct adversely affected.
The power that a union has to exclusively represent all employees entails "a concomitant duty of fair representation to each of its members." Cleveland v. Porca Company, 38 F.3d 289, 295 (7th Cir. 1994). The Supreme Court in Air Line Pilots v. O'Neill, 499 U.S. 65 (1991), set out a tripartite standard for determining whether this duty has been breached. "A union breaches its duty of fair representation if its actions are either arbitrary, discriminatory, or in bad faith" (id. at 67), and a court should look to each standard separately when determining whether a union violated its duty. See also Garcia v. Zenith Electronics Corp., 58 F.3d 1171, 1176 (7th Cir. 1995); Rakestraw v. United Airlines, 989 F.2d 944, 945 (7th Cir. 1993). Prior to Air Line Pilots, the Seventh Circuit defined the duty of fair representation very narrowly, requiring the plaintiff to prove that the union conduct was "intentional, invidious, and directed at the employee." See Hoffman v. Lonza, Inc., 658 F.2d 519, 520 (7th Cir. 1981). However, in Air Line Pilots, the Supreme Court rejected the Seventh Circuit's reading of the duty of fair representation. See 499 U.S. at 74-76. The Supreme Court determined that the union's actions must not only show "good faith and honesty of purpose," but also must be within a "wide range of reasonableness," which includes "a prohibition against 'arbitrary' conduct." Id. at 76; see also Ooley v. Schwitzer, 961 F.2d 1293, 1302 (7th Cir. 1992).
While arbitrary conduct is a breach of a union's duty,*fn3
the test for determining whether particular conduct is
arbitrary can be quite forgiving. Trnka v. Local Union No. 688, 30
F.3d 60, 61 (7th Cir. 1994). Courts "should not substitute their
judgment for that of the union, even if, with the benefit of
hindsight, it appears that the union could have made a better call."
Ooley, 961
F.2d at 1302. Thus, a union's actions are considered arbitrary only
if "in light of the factual and legal landscape," these actions are
"so far outside a wide range of reasonableness as to be irrational."
Air Line Pilots, 499 U.S. at 67. "[O]nly an egregious disregard for
union members' rights constitutes a breach of the union's duty."
Castelli v. Douglas Aircraft Co., 752 F.2d 1480, 1483 (9th Cir. 1985).
At least one sister circuit has noted that "[a] union acts arbitrarily
by failing to take a basic and required step." Vencel v. International
Union of Operating Engineers, Local 18, 137 F.3d 420, 426 (6th Cir.
1998) ("Timely filing is both basic and required.").
Plaintiffs allege that Defendant acted arbitrarily when it failed to send the wage reopener notice to Argonne prior to the deadline for doing so. The parties do not dispute the material facts in this case, including that (1) it was the policy of Defendant to re-open collective bargaining agreements to negotiate wages for all of their contracts, including the Defendant's collective bargaining agreement with Argonne; (2) Defendant failed to notify Argonne prior to the deadline of January 6, 2009, that Defendant wished to re-open its agreement with Argonne to negotiate wages for Plaintiffs; (3) prior to January 6, 2009, Thomas Begeske reminded Najera twice that the deadline to send a notice was approaching soon and Najera in turn notified Kohler, who was responsible for notifying employers if the union wished to renegotiate wages; (4) Argonne informed Defendant on May 20, 2009, that it would have negotiated wages in good faith if Local 673 had timely filed the request to re-open the Agreement; (5) "virtually all" of the union's contracts expire at the end of the month and therefore Kohler would run the reports closer to the middle of the month (after the expiration date to reopen wages in the Argonne contract); and (6) all of the other contracts with end of the month or middle of the month expiration dates were processed in a timely fashion. As it is undisputed that Defendant missed the deadline, the only issue is whether Plaintiffs have established that Defendant acted arbitrarily when it failed to ensure that timely notice was sent to Argonne. Air Line Pilots, 499 U.S. at 67.
Here, Defendant's "rational basis or explanation" for why it missed the wage reopener deadline was that the union's computer system did not notify it in a timely fashion and thus a "clerical error" occurred. Kohler, who was in charge of notifying Argonne and who had knowledge at least that the deadline was approaching (if not of the actual date), explained that the failure to send the notice on time was due to a "clerical error." When asked what the clerical error was, Kohler stated, "I don't know, other than the fact it wasn't done on time." Similarly, Najera testified that he could not state what the union's error was because he had nothing to do with sending out the letter. Defendant also blames the mistake on a lack of experience with this type of contract (which had a deadline at the beginning of the month rather than the middle or end) and contentious union elections in 2007, which resulted in a less-than-smooth transition to new union leadership. Based on the evidence in the record, it seems safe to infer that Kohler or one of his assistants simply forgot to send the notice because (1) they expected the Titan system to remind them and (2) it failed to do so. The question remains whether this constitutes mere negligence, something "more than" mere negligence, or arbitrary conduct.
Defendant's explanation-that it forgot to send the letter because the computer system failed to alert Kohler to the impending deadline-certainly would be more understandable if Begeske had not twice warned Najera, who in turn warned Kohler, that the deadline was approaching. Although Begeske did not tell Najera the exact date that the notice should be sent, he did remind Najera twice of the approaching deadline. As noted previously, at least one sister circuit has held that "[a] union acts arbitrarily by failing to take a basic and required step. Timely filing is both basic and required." Vencl v. International Union of Operating Engineers, Local 18, 137 F.3d 420, 426 (6th Cir. 1998). However, the Supreme Court and the Seventh Circuit have held that "mere negligence, even in the enforcement of a collective-bargaining agreement, [will] not state a claim for breach of the duty of fair representation." United Steelworkers of America, AFL-CIO-CLC v. Rawson, 495 U.S. 362, 372-73 (1990); see also Neal v. Newspaper Holdings, Inc., 349 F.3d 363, 369-70 (7th Cir. 2003) ("simple negligence is not enough to establish a breach of fiduciary duty"). The parties have not cited, nor has the Court found, any case arising under similar circumstances that draws a distinct line between "mere negligence" (and therefore no breach) and gross negligence or arbitrary action (or inaction) such that the union has been found to have breached the duty of fair representation.
Given the dearth of authority involving these exact circumstances,*fn4 an examination of the policy behind the duty of fair representation provides a better understanding of Plaintiffs' claim and Defendant's arguments opposing it. Negligence, possibly even gross negligence (it's not clear from binding precedent), is not "unfair" representation. Antrim v. Burlington Northern, Inc., 847 F.2d 375, 378 (7th Cir. 1988). Representation can be "fair" even if ineffectual. Id. Unless the union's hierarchy is out to get the complaining members-perhaps on prohibited grounds such as race, perhaps because of political squabbles within the union-a failure to handle a matter skillfully or successfully usually is not a source of legal liability. Here, Plaintiffs do not claim that the union took their race, politics, or other prohibited criteria into account. Rather, they are aggrieved because the union failed to do a ministerial task for which it had responsibility. Thus, the union's actions do not evince discrimination or invidious conduct directed at this particular group of employees.
Yet this was a task that the union boasts to have completed "flawlessly" in every other instance. Defendant made a point of noting that most, if not all, of its contracts have expiration dates at the end of the month, and the union is never late on those contracts, at least in part because the manner in which the union officials use the Titan system provides an effective check as to those contracts. Yet, clearly, not all contracts expire at the end of the month or this lawsuit would not exist. The upshot of the union's procedures is that contracts that expire at the end of the month do not slip through the cracks, while the few (or possibly only the one) that expire near the start of the month do (or at least did in this instance), because the union's tracking mechanism does not account for contracts with expiration dates at the start of the month.
Given that the union officials have sole responsibility for sending out this type of notice, the union's failure in these circumstances cannot be attributed to the employees. See Beck v. United Food and Commercial Workers Union, Local 99, 506 F.3d 874, 881 (9th Cir. 2007) ("Because the individual interest at stake is strong and the union's failure to perform a ministerial act completely extinguishes the employee's right to pursue [a] claim, the union's failure to file the original grievance was not mere negligence") (quoting Dutrisac v. Caterpillar Tractor Co., 749 F.2d 1270, 1274 (9th Cir. 1983)). Compare Neal, 349 F.3d at 370 (noting that the failure to file a timely grievance could not "fairly be ascribed to the union"). Furthermore, the union's conduct did not involve an "act of judgment," but rather was completely ministerial in nature. See, e.g., Peters v. Burlington N.R.R. Co., 931 F.2d 534, 539-40 (9th Cir. 1991) (noting that "'ministerial act' and 'act of judgment' represent * * * opposing points on a continuum that broadly attempts to separate discretionary decision making from inexplicable conduct"). A union's conduct that constitutes an exercise of judgment is entitled to deference even when the union's "judgments are ultimately wrong." Marquez v. Screen Actors Guild, Inc., 525 U.S. 33, 46 (1998) (noting that the deferential standard for arbitrary conduct "gives the union room to make discretionary decisions and choices, even if those judgments are ultimately wrong"). On the other hand, courts have referred to the failure to perform a ministerial or procedural act as an "arbitrary" action. See, e.g., Vencl, 137 F.3d at 426; Galindo v. Stoody Co., 793 F.2d 1502, 1514 (9th Cir. 1986) (union representative's failure to notify employer that employee was a steward was arbitrary where the representative knew of impending layoffs); Dutrisac, 749 F.2d at 1274 (union's failure to file a grievance on time was arbitrary). Actions such as these have been found to breach the duty of fair representation where the act substantially injures the union member, such as where the union's action or omission "completely extinguishes the employee's right[s]" (see Dutrisac, 749 F.2d at 1274) or "severely prejudice[s] the injured employee" under circumstances that do not further the policies underlying the duty of fair representation (Marquez v. Screen Actors Guild, Inc., 124 F.3d 1034, 1043 (9th Cir. 1997) (internal quotations omitted)). Here, the union was not evaluating the merits of a potential wage increase, but rather failed to perform the ministerial act of giving timely notice of an intent to negotiate for the increased wages.
With respect to whether the interest at stake is significant, Argonne notified Defendant that it would have negotiated the wages in good faith if Defendant had timely requested to reopen the agreement. On previous occasions when Defendant and Argonne negotiated wages pursuant to a wage reopener clause, union members received between 2.8% and 3.2% raises per year. Because of Defendant's failure, Plaintiffs did not have the opportunity to receive a raise over the course of two years (2009 or 2010). And although the possibly exists that Argonne and the union may not have reached an agreement regarding a wage increase, that possibly appears remote, given the record evidence demonstrating that the only period when the union did not receive a raise was during a federal wage freeze in 1993. Thus, the Court finds the interest at stake to be significant.
Regardless of whether the union intended to discriminate against Plaintiffs (and it appears highly likely that it did not), the manner in which Defendant tracked (or failed to track) contract expirations reflects arbitrariness in the way that contracts are handled. Specifically, because the system on which union officials relied to track important information on all union contracts functions effectively as to ones with deadlines arising during the middle or end of the month, but not as to contracts with deadlines in the early part of the month, each contract does not get the same attention consistent with the duty of fair representation. Most contracts get due attention, but as a result of a systemic failure of the union's own tracking procedures, the Argonne contract did not. This seems to be the very definition of arbitrariness. To be sure, if an effective tracking system were in place for all contracts and the officials responsible for implementing it simply had dropped the ball as to a deadline, Defendant would have a stronger argument that its act was "simple negligence" (Neal, 349 F.3d at 369-70) that is not actionable. But here the undisputed evidence in the record establishes that (1) shortcomings in the data contained in the Titan system itself, (2) the union officials' inaccurate understanding of the system, and (3) the way in which the responsible persons generated and used the available information on upcoming contract extensions all contributed to the union's failure to execute rights on behalf of one group of members that it was charged with executing for all members. And no blame can be laid at the feet of Plaintiffs; Begeske did what he could to alert union officials to the contract expiration date, but it was Kohler who had sole responsibility for sending out the notification. Cf. Neal, 349 F.3d at 370 (7th Cir. 2003) (noting that the failure to file a timely grievance could not "fairly be ascribed to the union"). In these rather unusual yet undisputed circumstances, the Court concludes that Defendant's handling of Plaintiffs' contract was arbitrary as a matter of law and that partial summary judgment in favor of Plaintiffs therefore is appropriate.
III. Conclusion
For the reasons stated above, the Court denies Plaintiffs' motion to deem requests to admit admitted [72], denies Defendant's motion to strike [87], and denies Defendant's motion for summary judgment [68]. The Court grants Plaintiffs' motion for partial summary judgment [74]. The Court will resolve the question of attorneys fees after the issue of damages is resolved. This matter is set for status conference on February 14, 2012 at 9:45 a.m. in Courtroom 1919.
Robert M. Dow, Jr. United States District Judge
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text: Government pushes for tighter restrictions on airfare ads Add to ... CP Video Published Friday, Dec. 16, 2011 9:49PM EST Last updated Friday, Dec. 16, 2011 9:49PM EST The government is pushing ahead with tighter restrictions on airfare advertisements. Airlines will have to start advertising the entire cost of a flight, including taxes and fees, so customers know exactly what they are paying. Watch More Video: Ten children from Russian acrobatics team killed in bus crash New York seeks up to $35-million for Trump security costs White House reaffirms 'One China' policy after Trump's Taiwan call Green Party files federal suit for Pennsylvania recount Meet the pilot representing Canada in a vintage air rally California warehouse fire death toll climbs, includes teens Italy's Matteo Renzi says he will resign following referendum defeat Convoy with Fidel Castro's ashes makes final trip Trump breaks with long-standing U.S. policy by calling Taiwan's president Warehouse fire in Oakland, California leaves at least nine dead and two dozen missing Meet the pilot representing Canada in a vintage air rally South Korea to hold Park impeachment vote in parliament Thousands of Indonesian Muslims protest against Christian governor Donald Trump's supporters optimistic during Cincinnati rally Donald Trump wants James 'Mad Dog' Mattis for Secretary of Defense Mosul villages liberated, but land mines still pose massive risk Victims of Colombia plane crash to be sent home to Brazil Dakota Access Pipeline protesters prepare themselves for cold winter Donald Trump thanks Ohio voters for U.S. election victory Monsef takes heat for reaction to electoral committee report Comments Share via email Share on facebook Share on twitter Share on LinkedIn Print


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Killer Mike and Brother J of X Clan might have disagreed on Instagram, but they managed to keep things civil throughout.
In short, their back-and-forth started after the New York rapper mentioned Mike's name while commenting on a commercial featuring Hillary Clinton and Mary J. Blige. If you missed that particular ad, it was strange looking and uncomfortable to watch to say the least.
Evidently, Brother J thought felt that way too, and that's when he blasted artists for working with politicians, like Mike campaigning for former democratic presidential candidate Bernie Sanders.
"Chicken fingers and politricks," wrote the "Funkin' Lesson" rhymer about the Clinton and Blige clip. "That serenade was so coon. Being polite doesn't work unless you have privilege attached. Proven fact. Social influence is budgeted for sellouts."
Artists are lining up to be used and abused in the end. So when all this is said and done, let's see if Bernie and Killa Mike will do an album together and build a school or if Lil Wayne's amnesia is wearing down," added J.
That last line referenced Weezy's claims that he's never experienced racism in his life. Killer Mike responded on Instagram, in a post that has since been deleted.
"Love but it's Killer not Killa," wrote Mike in response to J's post. "Still jam X Clan and still waiting on that school you never built to drop in ATL too. Love you since Chaka Zula took us out with ya'll as kids, and I saw you talk like a preacher and act like a n—-, later drinking and getting at righteous women like thotties," continued Mike. "In fact, that night is the reason I decided I would never hide my secular side and always stay 100 with my intentions for blacks."
The Atlanta native then accused Brother J of talking about helping black people but failing to act on his words. He did, however, give credit to the veteran spitter for his lyrics and high skill level as an MC.
"Love and respect, fam," wrote the Brooklyn rapper in response. "I guess they now realize I would never bash a soldier in motion. I build with you direct. Bless."
J then went on to explain why he posted that initial message and detailed why he feels artists shouldn't help politicians with their campaigns.
You can read the entire exchange below, captured by Hip-HopDX.
Chicken fingers and Politricks .. Wow .. That serenade was so coon .. Fck singin Bruce Springsteen .. Being polite doesn't work unless u Hv privilege attached.. Proven fact. Social influence is budgeted for sellouts .. Artists are lining up.. To be used and abused In the end.. So when all this is said and done .. let's see if Bernie and Killa Mike will do an album together and build a school or if lil Wayne s amnesia is wearing down .. So he can remember racism destroyed his home town.. That Tom house must be plush .. Kool aid, chicken & biscuits .. The comforts override watching grown men and women die on ur phone or right in ur hood . The need for the new president candidates to relate like Obama did .. Will not come from hiring people to get u "black points" I'm sure we will be seeing a lot more of this coonish behavior as the election gets closer. Don King is on some bullsht too.. . #superpredators #coondalini #wtf Mary came from us .. Our hoods molded her career .. Our women rocked with her ups and downs .. This is such a disappointment .. #scarytimes


text:
Poly = hippie?
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Join Date: May 2010
Posts: 40
There's a lot of overlap between the groups mentioned so far...but not everyone who's a member of one group is a member of any of the others, and obviously poly types might be a member of one of the groups...but they might not.
What do hippies, SCA-folk, sf fans, wiccans, BDSM types, and gamers have in common? A tolerance for those who are different, a willingness to just accept people for what they are and judge them solely on the merits of how they fit into that sub-group, not the larger world as a whole. "So, you're polyamorous? Whoa, that's cool." "Thy personal life is none of my concern, varlet! Now, have at thee!" "Really? I think Heinlein wrote some stuff about that; so did le Guin and Bradley. You ever read any of them?" "Yeah, okay. So, you going to roll to hit, or what?"
Part of this is because all of these groups endure judgements based on what people THINK they are, rather than what they ACTUALLY are. So, it's not surprising that many poly people gravitate towards groups that are accepting and non-judgemental.
But tolerant, accepting people are everywhere, if you look long enough.
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The investigation follows a recent complaint by BJP leader Subramanian Swamy to the Directorate in which he accused "money laundering" at the airline.
Indian Air Force marching towards major upgradation: Air Chief Marshal Arup Raha
Addressing the Commanders, Raha acknowledged the high degree of professionalism and hard work displayed by the air warriors in achieving the assigned goals.
AirAsia India fails to comply with companies act rules
Tata Sons and Malaysian carrier AirAsia Berhad own 49 per cent each in the airline. The remaining 2 per cent is held by chairman S Ramadorai and director R Venkataramanan.
Boeing says current Air Force One contract worth $170 million
Trump on Tuesday said costs for the new plane were expected to reach $4 billion and urged the government to cancel a contract with Boeing for the jet.
Effective use of resources must for operational readiness: Air Chief Arup Raha
The Air Chief urged all air warriors to keep pace with rapid upgradation of modern technologies being incorporated by the Indian Air Force.
No credible study to quantify deaths due to air pollution: Government
Minister Rajya Sabha said that a WHO report had claimed that 92 per cent of the world's population lives in places where air pollution level exceeds WHO limits.


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Jobs in Milton Keynes Village
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Out of Hours Customer Experience Specialist
Posted 25 November by Landar Limited
Financial Analyst
Posted 21 November by Gleeson Recruitment Group
Digital Business Analyst
Posted 4 days ago by Badenoch & Clark
7.5 Tonne Drivers weekends only
Posted 21 November by Quest Employment
Customer Service - Accountancy Specialist
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Pensions Administrator
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Customer Service - Payroll Specialist
Posted 21 November by RHR
Waking Nights Support Worker - Leighton Buzzard
Posted 21 November by MacIntyre Featured
Audit and Accounts Semi Senior - Growing Firm Milton Keynes!
Posted 21 November by Pro-Finance Recruitment Group
Service & Repair Controller (temp to perm)
Posted 4 days ago by Quality Personnel
Branch Manager - Industrial -Milton Keynes
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Finance Business Partner
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Wipeout Part 2 episode 14 Tips and Strategies
- App name: Wipeout
- Developer: Activision
- Genre: Sports
- Release: Aug 30, 2012
Let's play Wipeout on iOS. In this part of the walkthrough, you will learn more tips and tricks while playing the Wipeout game on the iPhone.
Part 2 episode 14 Walkthrough
This page contains Wipeout video walkthroughs for iOS (iPhone/iPad) called "season 06 episode 14 - part 2" and has been uploaded on Jaklin Nore official channel at Dec 25, 2013.
Still need help with this level? Here you can ask questions and discuss with other Wipeout users.
Hit like if this helped you!
Stuck on some levels in Wipeout? This walkthrough can help you finish the game.


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OVer 7000 products
Trend KWJ700 Kitchen Trade Worktop Jig for up to 700mm worktops.
Hard wearing solid laminate 12mm thick jig that cuts both parts of the joint in 15 minutes including setting up. Left hand and right hand corners, 400mm radius peninsular joint, 45 degree end cut with slight radius, 45 degree trade corner solution for hob units, 100mm radius corner, 40mm radius corner, 35mm kitchen door hole and 3/4inch BSP hole for mixer taps.
Fixed lengths for 250mm, 300mm, 400mm, 500mm, 550mm, 600mm, 616mm, 650mm and 700mm wide worktops. Cuts up to 40mm thick worktops with or without anti-drip postformed edge. Three open-ended bolt recesses (dog bone style) for 150mm bolts.
Engraved lines for short 65mm bolts and worktop cross-cut. 10mm diameter plastic pins with tapered shoulder for tight fit provides three point pin contact to ensure ease of setting up.
Engraved markings for identification of pin holes. Pins made from ABS plastic for strength.
Jig requires:
A portable plunge router with 12.7mm (1/2 inch) shank capacity and minimum 1300 watts.
A template guide bush with 30mm outside diameter.
A TCT router cutter with 12.7mm (1/2 inch) diameter and 50mm (2 inch) cut length.
Two clamps.
Length 985 mm
Width 390 mm
Thickness 12 mm
Weight 5.4 kg
End Cut 45 degrees
Corner Radius 40 mm
Corner Radius 100 mm
Corner Radius 400 mm
Corner Mitre Joint 45 degrees
Female cut material width loss 35mm
Bolt recesses 3
Bolt recess centres 175 + 175mm
Bolt recess width 14mm
Jig Requirements
Guide bush 30mm
Plunge router 1/2-inch (min. 1300 watts)
Cutter 12.7 mm x 50 mm cut
Clamps Two
6 x ABS Plastic Pins
This product comes with a standard one year warranty covering manufacturing fault. For more information on this product's specific warranty details please contact us directly on Email: email@example.com or Phone: 0208 532 5000 (8am-5pm Monday to Saturday) with the ITS Order Ref (above) or the Product Title
We offer delivery throughout the United Kingdom (including Northern Ireland, Isle of Anglesey, Isle of Wight, Scilly Isles and The Scottish Islands) and BFPO (UK Only)
Delivery Services
Standard Next Working Day (UK mainland & Isle of Wight) – Order before 6pm Monday-Friday (4pm Saturday)
FREEon orders over £100 inc vat
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AM Next Working Day (UK mainland & Isle of Wight) – Order before 6pm Monday-Friday (4pm Saturday)
£5 on orders over £100 inc vat
£9.95 on orders under £100 inc vat
Saturday (UK mainland & Isle of Wight) – Order before 6pm Friday
£7.50 on orders over £100 inc vat
£12.45 on orders under £100 inc vat
NEW Sunday (UK mainland & Isle of Wight) – Order before 4pm Saturday
£7.50 on orders over £100 inc vat
£12.4 5on orders under £100 inc vat
Northern Ireland & other Off Shore UK Locations (2 Working Day Delivery)
£7 on orders over £100 inc vat
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Earliest Standard Delivery Times
During the checkout process you will be shown the below calendar. This calendar will automatically select the next available 'standard' delivery date.
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Theres no need to wait around all day! On the morning of your delivery out courier will text you with an estimated one hour delivery time slot. If the hours is unsuitable just reply to the message and they will attempt delivery another day.
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Our couriers will try to deliver your parcel to you at your door/site. If you'd like us to leave your delivery with a neighbour or in a secure place, just let us know when you place your order - you can tell us in the 'special instructions' box on the Delivery options page.
We'll drop a card through the door to let you know where we've left your parcel. If you're not in when we arrive with your delivery, we'll leave a card to tell you we've called. We will normally deliver again the next working day. If this isn't convenient for you, just call the number on the card and we'll arrange an alternative delivery day.
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020 8532 5000 Mon-Sat 8am-5.00pm


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|Separate WC's
|Property type
|Minimum Stay
|5 nights
Our stylish 5BR/4.5BA home is spread out over 3,400 square feet! With 2 spacious living areas, 5 bedrooms and 4.5 bathrooms there is plenty of space for 9 guests to enjoy a luxurious getaway. Socialize in the spectacular outdoor area with a large patio, pool, BBQ, gazebo and 2 bars.
Universal Studios and the iconic Beverly Hills are both about 20 minutes away. Love shopping? The largest mall in southern California - The Village at Westfield Topanga - is also just 20 minutes away.
Our stylish L.A. home is an art fan's dream, with a prized collection of original artwork and sculpture. Enter the house via a huge landing, which leads into the main living room with tall ceilings, plush carpets and a built-in fireplace. Three comfy couches with seating for 6 make this a great place to relax after a day of sightseeing.
Just to the right is a second living area, separated by a huge rock wall. A marble countertop bar with a mirrored wall and stylish decorative pieces is ready for cocktail hour. Take your drink to the L-shaped couch or 2-seat sofa, warmed by another fireplace.
Dream up new recipes or cook tried-and-true classics in the gourmet kitchen, complete with stainless appliances, marble countertops, and a central island featuring a stovetop and pantry. The kitchen also has a dinette with seating for 4.
Just in front of the kitchen is the main dining area. Open a bottle of wine and enjoy meals around the 6-seat dining table, which sits beneath an elegant chandelier.
When it comes to choosing your sleeping space, 5 bedrooms that sleep 9 means plenty of options. Grab the grand master bedroom for your own and you'll never want to leave. This incredibly spacious room has a king size bed, wall-mounted 40" TV and a stylish en-suite bathroom. The separate sofa is a great spot for relaxing with a book.
The large 2nd bedroom and 3rd bedroom both have 2 twin beds, while the 4th bedroom has a twin bed and an en-suite. The 5th bedroom is also impressively sized, with an en-suite bathroom and queen size bed.
No need to fight for the shower in the morning! Along with 3 en-suite bathrooms, there's a further 2 guest bathrooms (one a half-bath)—with ample room for everyone to get ready.
But the standout feature of our home has to be the outdoor area. A pergola, gazebo, large pool, BBQ and 2 bars mean it's tempting to spend all day out here. Three separate tables provide seating for 12 - making this a fantastic space for group BBQs. Please note the pool is not heated.
Our fantastic location means you'll never be short of things to do. Universal Studios and Beverly Hills are around a 20-minute drive, while the shops, restaurants and cafes of Ventura Boulevard are just a 7-minute drive away.
Don't forget your credit card: shopaholics will love the fact we're just a 20-minute drive from the mecca of malls - The Village at Westfield Topanga.
Our property is TurnKey Rental Certified. All photos, amenities, calendar, and rates are 100% accurate. We will notify you proactively when early check-in / late check-outs are possible and you'll receive the comforts of home with a starter supply of shampoo, soaps, paper products and hotel-quality towels and linens.
And we make it easy to stay with us! Drive straight to your rental and access the rental with a unique lock code that we give only to you. When you book, we will send you our mobile app with directions, lock code, and instructions. We're available 24 hours a day with live help.
All Turn Key Vacation Rentals follow local and state tax rules. Each reservation includes applicable taxes, a cleaning fee, and a Property Damage Protection policy.
The house is nicely located near golf courses and other services. I especially recommend Ping Pong Chinese food at Ventura Blv. The house is an older luxury house, that needs little bit of paint and other fixing. The only big problem is the slow internet that does not work in the whole house and by the pool. Please upgrade your internet service and install better wifi hardware to the house. Other suggestions would be changing the plates and other kitchen material. We had to buy a new pan because the one there was in terrible condition.
It was very clean and exactly same pictures and information provided in the site. The nighthobord is very quit and safe.
I strongly recommend this house for big family to rent.
Rating Details:
The property manager was very helpful.
The vacation rental was very dirty.
I was very happy with the location.
I was very dissatisfied with the condition of the vacation rental.
Overall, I do not recommend this vacation rental.
Reviewer Comments:
Do not believe the overview! Kitchen was not gourmet, more like greasy spoon! Patio not beautiful or even usable! It is an older home and could be a great place for large groups if it was cleaned and had the maintenance issues fixed. At this time this home should not be considered! After many phone calls and pictures sent we did receive 1/2 of the rental fee back. Many in our group felt all our money should have been returned due to the fact we had to clean to use the kitchen, so few items to actuallyand could not use the patio area at all. These were the two reasons we rented the home in the first place! Turnkey employees Ben, Cody, Molly and Cara and then finally Dan all were very nice and did follow thru on helping us with all issues.
*Plus compulsory or optional charges based on actual occupancy or consumption. The payment has to be made in the currency offered by the property manager, before use of conversion tool. Payments in other currencies have to be negotiated beforehand with the property manager. The currency conversion tool is provided for your convenience only and is non-binding.


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Gold Plated DVI Male to HDMI Male Connection Cable - Black + Golden (100cm)
If you think the price is too high, please click to apply for lower price
|Black + golden
|High purity OFC
|Compatible Models
|Computer with DVI-D or HDMI interface.
|To connect computer to HD TV or projector equipment, support all HD TV format (480P, 720P, 1080I, 1080P).
|Cable Length
|100 cm
|Other Features
|Compatible with DVI-D and DVI-I female interface, standard HDMI (type A) male connector.
|Packing List
|1 x Cable
All packages from DX.com are sent without DX logo or any information indicating DX.com. Due to package variations from suppliers, the product packaging customers receive may be different from the images displayed.
To enable volume discounts on this site, use coupon code: BULKRATE during checkout. You will see a discount applied at the bottom of the shopping cart. Competitive pricing is available. Contact us for details.
|3+ units
|5+ units
|10+ units
|US$2.82 shipped
|US$2.81 shipped
|US$2.80 shipped
What is Bulk Rate? BulkRate is a semi-wholesale system with items priced separately from retail. When you use bulk rates, a flat $1.70 registered air mail fee will automatically be added to your cart to ensure delivery of package. While BulkRate's intention is to offer cheaper prices when you buy in bulk, because it is priced separately it on occassions show a higher than retail price. That's why we ask you to enter BULKRATE as a coupon code to manually activate the rates. You can always opt not to use the bulk rates. If you are looking for wholesale prices please feel free to contact us.
Looking to get even more?
Share your reviews, photos and videos here!Review Program
Pros: digital video quality for my Macbook without the need of buying expensive Thunderbolt adapters. Cons: check if the cable length is enough for you.
Simple but with a good quality
What i want for a price that i like. Dose the job Great.
Good cable. I use it to connect my Rasberry Pi to a monitor during software instalation and it work like a charm. The quality is good
Cable is very thin, it shouldn't be used if you plan to move the device around or change cables often.
Pros: digital video quality for my Macbook without the need of buying expensive Thunderbolt adapters. Cons: check if the cable length is... Read more
Cable is very thin, it shouldn't be used if you plan to move the device around or change cables often.
Simple but with a good quality
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Let's GET TRAVELING
Trips, Guidebook, Travel Hacks & more
Connect with locals on our adventure weekends- now in over 12 destinations!
Choose from our multi-city adventures: Italian Extravaganza, Extreme Ireland, and Best of Central Europe.
For the independent travelers: connect the dots at your own pace.
Check out Andy's new guidebook, Andy Steves' Europe: City-Hopping on a Budget!
All the products we use on the road
Follow us on Facebook & Youtube and check out our eye candy on Instagram, peek at Andy's Speaking Calendar and more!
Hello from Andy Steves,
Born into a traveling family, I couldn't help but become passionate about bridging just about any cultural gap I encountered. Since graduating from Notre Dame in 2010, I've worked hard to develop a team of passionate local guides and travel professionals who guide my tours, create our awesome content and help maximize budget travelers' money and time while traveling abroad.


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A model presents a creation by designer Sahar Atif during the Pakistan Fashion Design Council (PFDC) Bridal Week in Lahore on October
Wow all that gold #Bengali brides in #Bangladesh
Its wedding season and the most tedious task for the bride and groom is to select their wedding outfits. A correct outfit can make you even more attractive in the ceremonies and photographs, where as a wrong selection may lead to bizarre looks.
Bengali (Indian) Bride by modsatya Satyajit Dey | | CGSociety
Pakistani bridal wear has become very popular in Pakistani Dress. The popularity can be seen in the bridal couture in Pakistan. In such shows you will find Latest Pakistani Bridal wear and their new variation.
One of the most frequent questions I get is from brides that cover their hair; they want to know how to cover their hair and still look beautiful. Although I have blogged about this in the past (he...
A Blazer blouse? REALLY! This is so cool, it looks absolutely fantastic… I don't about the real value wearability of it - but it definitely looks fantastic.
Designer Preeti S Kapoor her easy-to-wear creations and beautiful color palettes. Combining everything from Rajasthani to French influences, this collection has something for every bride-to-be.


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search results - Road Bike Shop
Road Bike Shop
Product Search Results For "Craft Active Bib Short - Women's"
|Castelli Leader Free Aero Bib Short - Women's
As we approach the third anniversary of La Course and women riding in Paris at last, we're excited to announce a women's line of our Tour-themed Castelli collaboration. Whether you choose to ride with women like Armistead, Vos, and van der Breggen in mind or draw your ride inspiration from their...
Price: $229.95
|Castelli Mondiale Bib Shorts - Women's
Castelli sought to create an impossibly light, impeccably cut bib short with long-ride resilience to add to its women's line, and the result is its new Mondiale Women's Bib Shorts. Crafted with a blend of highly functional materials and all of the clean style that Castelli is known for, the...
Price: $249.95
|Castelli Omloop Thermal Bib Short - Women's
The Castelli Women's Omloop Thermal Bib Shorts hit the sweet spot between shorts and knickers to keep you comfortable through chilly fall and late-winter rides when the weather is temptingly close to being warm enough to kit up in your regular bib shorts. With a length that hits right at the knee...
|Castelli Razzle Free Aero Bib Short - Women's
Razzle dazzle camo is far from a fleeting, of-the-moment trend. The artful naval camouflage evoking comparisons to the Cubist movement traces its roots back to the World Wars, but we've seen it in a few places its creator might not have predicted. Appearing quietly on off-season kits worn by the...
Price: $229.95
|Castelli Velocissima Bib Shorts - Women's
Castelli's Velocissima Women's Bib Shorts are designed for long days in the saddle. From the supportive, low-profile KISS4 chamois to the Endurance Evolution fabric, everything in the Velocissima is made with long-ride comfort in mind. That Endurance Evolution fabric is a bit different than your...
|Craft Active Comfort RN Base Layer - Long Sleeve - Women's
For 2016, Craft blazes new trails with its Active Comfort base layer line, which features a semi-fitted cut and a bold departure from the brand's classic, form-fitted reputation. Built with Craft's impeccable attention to quality base layer details, the Women's Long Sleeve Roundneck Base Layer...
|Craft Active Comfort RN Base Layer - Short Sleeve - Women's
Some would say cycling is at its best on sunny, crisp mornings when you can just see your breath in the air, when your regular routes turn into rides through tunnels of red and gold leaves. We have to assume that Swedish-born Craft agrees with us -- after all, the brand became famous for its base...
Price: $49.95
|Craft Active Comfort RN Base Layer - Short-Sleeve - Men's
The men's, short-sleeved Roundneck Base Layer marks a big step in a new direction for Craft. With a semi-fitted cut that sits in stark contrast to Craft's reputation for tight, close-fitting base layers, the Active Comfort line wraps Craft's renowned attention to quality details in a package that...
|Craft Active Extreme 2.0 Brilliant Crewneck Reflective Baselayer - Women's
Active Extreme 2.0 Brilliant Crewneck Reflective Baselayer - Women's
|Craft Active Extreme 2.0 CN - Short Sleeve - Men's
The first day you step outside to find the air feeling definitively warmer than you've felt in months, you know you have to get out on the bike. As much as you want to grab your favorite summer kit and head out freely into the sun, the few lingering snowbanks and windy stretches of road you know...


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You've already got 5 items in your shopping cart, so there's no room to reserve another one. If you'd like, you can take something out of your cart to make room for this one.
Movie & Video Game Rentals at Market 32search locations browse by state
Redbox at Market 32
Kiosk B
555 Hubbard Ave
Pittsfield, MA 01201-3876
Browse available movies and video games at the Redbox location in your local Market 32. You can reserve your rentals online and pick them up when it's convenient for you.


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Jeremy Shada is the most attractive person is the universe! Doesnt anyone agree with me? I do! He's a complete dempigod!!
It states that he was the only voice character to have a script in every single episode for Adventure Time. Its truly amazing.
PLUS, he place a bunch of animated rolls from different types of animations! He also played the roll of "young Charlie" from the 2007-2008 Series "Lost". (I also watched it on Netflix c; )
This all tell us how awsome and hot he is. Thank you for reading!Read more >


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At Edge we task ourselves with building quality brands with the consumer in mind. Innovation and brands with purpose; That's what EDGE is all about!
We create win-win relationships with our licensing partners. In doing so we better serve our core customer groups, bringing them the highest quality products available!
Is in our products. We strive for quality above all else. Added value, quality, and performance; all combined with genuine customer loyalty, that's the added difference!


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Malta Station
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- "Malta, what is your status, over?"— Cortana
- "I don't believe it! They're retreating, we've won!"
Malta Station (ODA-143) was a UNSC Orbital Defense Platform in Earth orbit. It was so named because it held station above the island of Malta. It was in the same battle cluster as Athens Station and Cairo Station.[1]
Operational History Edit
During the Battle of Earth, the station was destroyed by a antimatter charge placed by Covenant boarders. Unaware of the invader's true intent, the withdrawal of the boarders was misinterpreted by some of the station's crew members as a full retreat by the Covenant.
The destruction of Malta occurred shortly before that of Athens, allowing the Prophet of Regret's CAS-class Assault Carrier, Solemn Penance, to break through the orbital defenses to the surface of Earth. It is assumed that all hands on board were lost when the bomb exploded, destroying the pressurized environment.
The wreckage of the Malta formed a debris field, which was shattered when the Prophet of Regret's Assault Carrier flew through it.


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Sorry, this product has sold out!
If you would like ARCHFASHION to try to and find it for you complete the form below.
The dark paradise pants in navy marle by the fifth is sold out. We did have navy marle / 6, navy marle / 8, navy marle / 10, navy marle / 12


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Jordan Johnson Testifies in Sexual Assault Trial
Dan Abrams discusses the trial of the former University of Montana quarterback.
Quarterback Jordan Johnson Sex Assault Trial Begins
The first witnesses were called in the trial of the former University of Montana football player.
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text: Facebook Pinterest Twitter Google Plus Email RSS Oldest shopping mall in U.S. converted into micro-apartmentsBy Berit GriffinSeptember 3, 2014American shopping malls are fast becoming an endangered species. In fact, earlier this year, Amy Merrick of The New Yorker posed the question many are afraid to ask: Are Malls Over? Put away the suburban-based sprawling behemoths and their ludicrous commercial rental costs for a moment and turn your focus to a mall that was, but is no longer. Built in 1828, Providence Arcade in Rhode Island was the oldest indoor shopping mall in America before it closed in 2008. That which made it an architectural marvel made it a disaster for modern-day vendors. So, its cramped storefronts were converted into micro-apartments, and thus, kept alive one of the coolest commercial spaces this country has ever seen. Take a look. No doubt these apartments are not for everyone, but the Providence community seems generally pleased a renovation kept this relic intact for generations to come. [Photos by Ben Jacobsen via Northeast Collaborative Architects]


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Here you can find out more about us. Our mission statement and 'Who's who' and church hall hire information.
On this page you can see information on our regular worship services and groups for all ages.
To read the Vicar's magazine letter, and see what events are coming up click here
This is where you can find contact details and 'find us'.
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