text:
Today's Best Deals: String Lights, NBA Apparel, Dropbox Pro, and More
A rare Dropbox Pro deal, Anker string lights, and popular grooming products lead off Monday's best deals.
A rare Dropbox Pro deal, Anker string lights, and popular grooming products lead off Monday's best deals.
According to TMZ and the New York Post, Sacramento Kings forward Matt Barnes is wanted for questioning for allegedly choking a woman in a New York City night club early Monday morning.
Following this weekend's Rome Derby between Lazio and Roma, Lazio player Senad Lulić hit out at Roma's German defender of African descent, Antonio Rüdiger, with racially inflammatory comments. Lulić is quoted as saying "Two years ago [Rüdiger] was selling socks and belts in Stuttgart, now he acts like he's a…
STANDING ROCK—On Sunday, the Army Corps of Engineers announced that they won't allow a section of the Dakota Access Pipeline to be drilled under the Missouri River, near tribal lands belonging to the Standing Rock Sioux. In one sense, it's a triumphant end to the standoff that the Standing Rock tribe and their allies…
Blame it on the snow, but that was barely football.
Seattle Seahawks safety Earl Thomas left last night's game in the second quarter after breaking his leg in a collision with teammate Kam Chancellor. Head coach Pete Carroll said after the game that Thomas will be out at least six weeks, and Thomas himself was considering retirement while the game was still going on.
In what will, assuming God is merciful, be the dumbest NFL story of the week, it turns out that the reason why Cam Newton didn't start for the Carolina Panthers last night against the Seattle Seahawks was that he wouldn't dress like a clown.
The Giants got downright bodied by the Steelers on Sunday, the 24-14 score barely reflecting Pittsburgh's dominance—Antonio Brown and Le'Veon Bell outgained the entire Giants offense. The promised showdown between Brown and Odell Beckham Jr., never quite materialized, because though Eli Manning relied on his top…
Well here's something I didn't expect to see today: Amazon is offering up $50 gift cards when you subscribe to a year of Dropbox Pro for $99, today only (Note: New Dropbox Pro customers only). That gets you 1TB in the cloud to store all of your stuff for a full year, and the Amazon gift card couldn't arrive at a…
Have something you think we should know? Email us at firstname.lastname@example.com, or contact our writers directly, or use our SecureDrop system. You can also follow us on Twitter, like us on Facebook, or subscribe to our newsletter.
There's no more annoying type of person than the sports obsessive.
Universidad de Concepción beat O'Higgins 3-1 today in Chile's Primera division, with the final goal being this stoppage-time screamer by Alejandro Camargo—a 65-yard volley that left O'Higgins keeper Miguel Pinto looking awfully foolish.
The Panthers' offense lasted exactly one play in its first drive against the Seahawks tonight after Derek Anderson threw an interception on his first pass attempt of the game. For some reason, Cam Newton was benched, and it's unclear why the much better QB wasn't on the field.
Thank you for your continued support of Deadspin. Enjoy the rest of your weekend.
Marquette King is a one-man anti-No Fun League machine, and the Raiders punter made it count late in Oakland's game against Buffalo today by taking the flag thrown against Corey White for roughing—one that extended the drive and sealed a Raiders win—and celebrating with it.
Former MLB Commissioner Bud Selig and executive John Schuerholz will be inducted into the National Baseball Hall of Fame in July 2017 after they were voted in by the Eras Committee today.
The $2.223 million lawsuit filed by NASCAR driver Clint Bowyer against HScott Motorsports and team owner Harry Scott Jr. on Nov. 21 was settled Thursday, reports NBC Sports. The lawsuit alleged that HScott owed Bowyer two monthly payments and a commission for bringing sponsorship to the team.
After trailing the Chiefs for most of the second half, the Falcons finally took a 28-27 lead on a touchdown with less than five minutes left in the game. Atlanta chose to go for a bigger cushion by trying a two-point conversion. That turned out to be disastrous, as Kansas City's Eric Berry intercepted Matt Ryan's…
Los Angeles Rams head coach Jeff Fisher, who recently received a two-year contract extension and couldn't correctly name his opponent's players this week, was soundly defeated by his coat during today's game against the Patriots.


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April 13, 2006
SECURITIES AND EXCHANGE COMMISSION PLAINTIFF,v.SAVE THE WORLD AIR, INC., AND JEFFREY ALAN MULLER, DEFENDANTS.
On December 16, 2005, defendant Jeffrey Alan Muller ("Muller") filed a motion pursuant to Fed. R. Civ. P. 60(b) ("Rule 60(b)") to set aside my Memorandum Decision and Order, dated November 15, 2005 ("Decision" or "Dec."), granting the SEC's motion for summary judgment. For the reasons that follow, Muller's motion is denied.
A. Relevant Facts
On May 28, 2004, the SEC moved for summary judgment against Muller. (Docket Nos. 65-70). Muller submitted opposition papers on October 30, 2004, although he never filed them with the Clerk of the Court. Thereafter, the SEC filed reply papers on November 17, 2004. (Docket Nos. 53-54).
Footnote 3 of the Decision addressed Muller's failure to file his opposition papers as well as a subsequent bureaucratic glitch. It stated (in retrospect too succinctly):
"Muller's opposition memorandum was never filed. I recently requested that it be filed, but learned that it has been lost." (Dec. at 3 n.3). What the footnote was intended to convey, however, was that I had read and reviewed Muller's detailed response to the SEC's motion. Thereafter, my Chambers had forwarded it to the Clerk's office for docketing. Regrettably, it appears to have been lost in transit and never was docketed. Muller's papers in opposition to Save the World Air's summary judgment motion (which still is pending) also appear to have met the same fate.
B. Discussion
Rule 60(b) provides, in part, that: On motion and upon such terms as are just, the court may relieve a party or a party's legal representative from a final judgment, order, or proceeding for the following reasons:
(1) mistake, inadvertence, surprise, or excusable neglect; . . . . . . . ; or
(6) any other reason justifying relief from the operation of the judgment.
Fed. R. Civ. P. 60(b). As the Second Circuit has observed, Rule 60(b) "preserves a balance between serving the ends of justice and ensuring that litigation reaches an end within a finite period of time." Paddington Partners v. Bouchard, 34 F.3d 1132, 1144 (2d Cir. 1994) (quoting House v. Secretary of Health & Human Servs., 688 F.2d 7, 9 (2d Cir. 1982)). Although the rule "should be broadly construed to do 'substantial justice,' . . . final judgments should not be 'lightly reopened.'" Nemaizer v. Baker, 793 F.2d 58, 61 (2d Cir. 1986) (quoting Seven Elves, Inc. v. Eskenazi, 635 F.2d 396, 401 (5th Cir. 1981)). Accordingly, a court should grant relief only upon a showing of exceptional circumstances. Nemaizer, 793 F.2d at 61; Ovadiah v. New York Assoc. for New Ams., Nos. 95 Civ. 10523 (SS), 96 Civ. 330 (SS), 1997 WL 342411, at *5 (S.D.N.Y. June 23, 1997). The fact that a party has proceeded pro se is not enough to meet this stringent standard. Id.; Colon v. LeFevre, No. 85 Civ. 313, 1989 WL 131324, at *2 (N.D.N.Y Oct. 30, 1989).
Here, reading footnote 3 of the Decision in isolation, Muller argues that the SEC's motion was granted "without the Court reviewing any opposition submitted by [him]." (Def.'s Mem. of Pts & Authorities at 4). This, however, is incorrect. Indeed, even a casual review of the decision establishes this fact since Muller's papers are frequently cited. (See Dec. at 7, 16, 24, 38-40 & 44).
Muller also suggests that the failure to consider his papers is especially egregious since he is proceeding pro se. As noted earlier, Muller's pro se status does not entitle him to any special consideration. Moreover, to the extent that this argument replicates the one that he advanced to Judge Daniels in connection with an earlier Rule 60(b) motion, it constitutes a motion for reconsideration which must be denied as untimely. See Local Civ. R. 6.3 ("A notice of motion for reconsideration or re-argument of a court order determining a motion shall be served within ten (10) days after the entry of the court's order determining the original motion.").
C. Conclusion
For the foregoing reasons, Muller's motion pursuant to Rule 60(b) to set aside the Court's decision granting summary judgment to the SEC is denied. (Docket No. 99). Additionally, Muller is directed to file with the Clerk of the Court within 30 days copies of his prior papers in opposition to the SEC and Save the World Air motions for summary judgment, together with an affidavit establishing proper service on his adversaries.
FRANK MAAS United States Magistrate Judge
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One Large Double Bedroom Flat
A few things you will love about my place is the cosiness, the quick commute to Heathrow Airport, Hounslow or Kingston High Street and i am very close to many restaurants. I live in a quite area where not much seems to go on around here. It is a love
- Date available: 02 Nov 2016
- Flat
- 1 Beds


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New Jersey Superior Court, Law Division
Decided: May 11, 1988.
H. RONALD LEVINE, PLAINTIFF,v.MAYOR OF THE CITY OF PASSAIC, CITY COUNCIL OF THE CITY OF PASSAIC AND THE CITY OF PASSAIC, DEFENDANTS
Martin, J.s.c.
[233 NJSuper Page 561]
The parties to this action, by way of cross motions for summary judgment, seek from the court (counts 1 and 2 of plaintiff's complaint) a ruling of whether N.J.S.A. 2A:8-5 can be limited in its term application by the appointing and confirming authority, in this instance, defendants, the Mayor and Council of the City of Passaic.
N.J.S.A. 2A:8-5 provides in part:
Each judge of the municipal court shall serve for a term of three years from the date of his appointment and until his successor is appointed and qualified.
Defendants, on October 1, 1987, reappointed plaintiff, a sitting municipal judge, to a qualified term of office by making it partially retroactive to January 16, 1985 and partially prospective to January 15, 1988, a period of three years. It is undisputed that plaintiff has served continuously as municipal judge in the City of Passaic since November 1975. The appointment of plaintiff prior to the one in dispute was for a term of three years, ending January 14, 1985. Since that date, plaintiff has been serving in a hold-over capacity, receiving his full salary and benefits.
On October 1, 1987 the mayor exercised his power under the statute in question by selecting plaintiff to continue to serve as municipal judge. By resolution, the city council approved the selection. Both the appointing and confirming authority, however, limited plaintiff's term of service as previously indicated.
Since the essential facts necessary to resolve the issues presented are not in dispute, summary disposition is appropriate. Judson v. Peoples Bank & Trust Co. of Westfield, 17 N.J. 67 (1954). Plaintiff contends that the statute is clear in its terms and cannot be limited in its application, and any attempt to do so would require a severance of the limited term. Defendants
[233 NJSuper Page 562]
argue that the limiting intent of the appointing authority controls. They further state that if the term limitation is legally deficient, the appointment is ultra vires and without force and effect.
It is clear that the appointing power of defendants comes solely via a state statute. N.J.S.A. 2A:8-5 is the power source for defendants' acts and the included specific phrase;
is critical to a resolution of the dispute.*fn1 The intent of the Legislature in providing this empowering state statute controls. A.M.N., Inc. of New Jersey v. South Brunswick Tp. Rent Leveling Bd., 93 N.J. 518 (1983).
The sense of a law is to be gathered from its object and the nature of the subject matter, the contextual setting, and the statutes in pari materia. [ State v. Brown, 22 N.J. 405, 415 (1956); emphasis supplied].
If the language is clear, the court may not ignore it in its construction process. Bravand v. Neeld, 35 N.J. Super. 42 (App.Div.1955). For purposes of construction, a distinction must be drawn between evaluating municipal enactments based upon the general police powers provided to a local government, and a review of specific state empowering statutes which form the sole basis for municipal action. The review of municipal functions is somewhat circumscribed. H.P. Higgs Company, Inc. v. Borough of Madison, 184 N.J. Super. 355 (Law Div.1982), aff'd in part, rev'd in part 188 N.J. Super. 212 (App.Div.1983), certif. den. 94 N.J. 535 (1983), and generally should not result in a redrafting exercise. Jantausch v. Borough of Verona, 41 N.J. Super. 89 (Law Div.1956), aff'd 24 N.J. 326 (1957). Whereas, specific empowering state statutes require compliance by the subsidiary authority. Kagan v. Caroselli, 30 N.J. 371 (1959).
[233 NJSuper Page 563]
The operative language, "three years from the date of his appointment" is affected by the conjunctive phrase "and until the successor is appointed." This language clearly implies a legislative intent of service continuity. An independent judiciary could not survive without it. As stated in Krieger v. Jersey City, 27 N.J. 535 (1958):
With this evident intent, it is clear that the local appointing authority must follow the literal language of the statute.*fn2 Each appointment must be for three years.*fn3 The continuity of office is assured via hold-over status -- a legally operative position, which is time oriented. Actions taken by the court during this period are valid.
Failure to appoint or elect a successor at the end of a defined period does not usually cause a vacancy where the officer is to hold over until his successor is elected or appointed and qualified. Stevens v. Haussermann, 113 N.J.L. 162; 172 A. 738 (1934); Biddle v. Atlantic City, 91 N.J.L. 679, 103 A. 386 (E. & A.1918). Therefore, the time an officer holds over the designated period is as much his term of office as that which precedes the date of which the new election or appointment should be held or made. [3 McQuillin, Municipal Corporations, § 12.110 at 424-425]
This is the situation at hand. Plaintiff was acting as a hold over with all the rights and powers he enjoyed prior to the date at which a new appointment should have been made. There exists, therefore, no need to cover the hold-over period with a retroactive appointment. N.J.S.A. 2A:8-5 is prospective only in
[233 NJSuper Page 564]
its operative terms. The language is clear and unambiguous for a period of " three years from the date of his appointment." Emphasis supplied. This is especially evident since plaintiff was an existing legal office holder. The office was not vacant, nor was it one of a new creation. The attempted appointment to a specific term other than that provided by the statute is without force or effect. Here, the appointing authority chose an appointee evidencing their agreement as to qualification -- the only discretionary act for their evaluation. Having made this determination, they cannot thwart the empowering statute's term proviso as agents for implementing a state mandate.
There remains for consideration whether attempted term limitations render the appointing process void or subject it to remedial action by the court.
For purposes of determining whether the attempted term limitation can be excised from the resolution, it is relevant to mention that "the rules of construction which apply to statutes and municipal ordinances apply equally to municipal resolutions." McGonnell v. Commissioners of Orange, 98 N.J.L. 642 (Sup.Ct.1923). In order for the court to be able to sever or excise a void provision or clause from such a resolution, two criteria must be found to coexist. First, there must be a legislative intent that it be severable,*fn4 and second, the remaining provisions must be functionally self-sufficient or contain the essentials of a complete enactment. Gross v. Allen, 37 N.J. Super. 262 (App.Div.1955). The legislative intent contained in the first criterion is determined on the basis of whether the objectionable feature of the resolution can be excised without substantial impairment of its principal object or purpose. Affiliated Distillers Brands Corp. v. Sills, 60 N.J. 342
[233 NJSuper Page 565]
(1972). See also Angermeier v. Sea Girt, 27 N.J. 298 (1958), holding, "where the principal object of the statute is constitutional and the objectionable feature can be excised without substantial impairment of the general purpose, the statute is operative except insofar as it may contravene fundamental law." (Id. at 311 citing St. John the Baptist Greek Catholic Church of Perth Amboy v. Gengor, 121 N.J. Eq. 349 (E. & A.1937), State v. Doto, 10 N.J. 318 (1952)).
It is clear from the reading of the empowering statute that the principal object of any resolution passed pursuant to the municipal authority under N.J.S.A. 2A:8-5 would be to appoint an individual as a municipal court judge. This is the only action that can be taken pursuant to this statutory grant of authority, and is therefore, the principal object of any resolution passed pursuant thereto.
Turning to the second criterion, a determination must be made as to the sufficiency of the remaining enactment. Courts will enforce severability where the invalid portion is independent and the remaining portion forms a complete act within itself. Inganamort v. Borough of Fort Lee, 72 N.J. 412 (1977).*fn5 What would remain of the enactment after the severance of the limiting provision would be an appointment of plaintiff to the position of municipal court judge for a term to be governed by the statute. This is more than simply the remainder which forms a complete enactment. It is the only act the municipality had the power to do under the empowering statute. Not only do we have a complete enactment, but it is precisely what the municipality had the power to enact. The appointee was nominated, that nomination was approved by the city council, and therefore, plaintiff is to be appointed to the office for a term to be controlled by the parameters of the
[233 NJSuper Page 566]
empowering statute; for a term of three years from the date of his appointment.
A further defense contention is that if the court finds that defendants did not have the power to make a "conditional" appointment, its actions would be ultra vires and, therefore, fall in toto. On a definitional level,
the phrase ' ultra vires ' has been used to designate not only acts beyond the express and implied powers of the corporation but also acts contrary to public policy or contrary to some express statute prohibiting them. The latter class of acts is now termed illegal, and the ultra vires confined to the former class. [ Black's Law Dictionary, (4 ed. 1968) at
Whether the appointment is beyond the express or implied power of the municipal authority must be addressed. The statute, N.J.S.A. 2A:8-5, makes it very clear that the appointment for three years rests in the individual and not in this office, Jacoby v. Brown, 55 N.J. Super. 469 (Law Div.1959), thus making it necessary and against the obvious intent of the statute to appoint retroactively and cover a term where plaintiff was already legally serving in a hold-over capacity. The intent of such legislation is to keep the local courts free from political influence by virtue of heightening the municipal judge's security in office. Krieger v. Jersey City, 27 N.J. 535 (1958). To allow the local governing body to make a limited appointment would allow the local governing body while exercising a "legal authority" to thwart the intent of the statute by limiting its appointments to terms of less than the required three years. Thus, while the action taken by defendants is technically beyond the statute, it is not ultra vires -- beyond the appointing authorities' given power.
The power exists and was exercised -- that in and of itself is not beyond statutory authority. The manner of its exercise has been properly addressed in the severance holding by the court. The severance results in a proper exercise of the municipal authority under law. The action is not void in toto. The appointment is not illegal, but is legal with the remedial step of severance necessary for correct statutory application. This
[233 NJSuper Page 567]
correction being feasible, the appointment will run for three years, starting from October 1, 1987.
An order will be submitted in accordance with the holding herein expressed.
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The Greenery Ooty Holiday Inn
Nilgiris, Ooty, Tamil Nadu - 643 001
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The Greenery Ooty Holiday Inn, Ooty - Location on Map
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Located at a distance of 2 km from the Ooty Railway Station is The Greenery Ooty Holiday Inn. This property offers Wi-Fi facility (chargeable) to its patrons. The Botanical Garden is situated 1.5 km away from the property. This property in Ooty comprises 14 well-ventilated rooms. Amenities such as flat screen television, telephone and separate sitting area are offered in each room. A clean attached bathroom offering hot/cold running water facility is also a part of these spacious rooms.
The Greenery Ooty Holiday Inn provides homely food on request. A well-maintained arctic garden with a kid?s play area, lush green lawns and a lobby with a campfire arrangement are also a part of this property. Services such as medical assistance, security and 24 hour room service is provided. A travel desk organizing sightseeing tours is available for the convenience of the guests. Some of the tourist attractions include Pykara Lake (23 km), Doddabetta Peak (8 km), Rose Garden (3 km), Thunder World (2 km) and Holy Trinity Church (1 km). Ooty Bus Stand is 18 km and Coimbatore International Airport is 86 km away from the property.
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text:
Midway through the third period of that awful game, I got a little confused when I looked at the background behind Sergei Bobrovsky. There I saw two NHL referees drinking beer in the front row. "What the hell," I said to myself. "That's so unprofessional."
Then I saw them bang the glass after a big Bobrovsky save, and it occurred to to me that these guys weren't actually scorekeepers or even referees. They were Blue Jackets fans. Clever, clever, awful Blue Jackets fans.
Photo credit: I. Ignatovich
On Thursday, when Alex Ovechkin made his debut for Dynamo Moscow, the stands at Small Sports Arena in Luzhniki, Moscow were about 60% full. Sunday's match was a different story, as a sold-out crowd of 8,097 packed into the seats to see Ovechkin's Dynamo take on Ilya Kovalchuk's SKA — Kovy's first game in the KHL.
Fifteen minutes into the first period, the crowd was treated to a bit of history as Ovechkin scored his first KHL goal, also his first regular season goal in Russia since 2005.
YouTuber AXLPNZ captured the crowd's reaction and the PA announcer's call. The roar of the crowd is pretty cool.
Russian Machine Never Breaks is not associated with the Washington Capitals; Monumental Sports, the NHL, or its properties. Not even a little bit.
All original content on russianmachineneverbreaks.com is licensed under Creative Commons Attribution-NonCommercial-ShareAlike 3.0 Unported (CC BY-NC-SA 3.0)– unless otherwise stated or superseded by another license. You are free to share, copy, and remix this content so long as it is attributed, done for noncommercial purposes, and done so under a license similar to this one.


text:
The bioinformatics market in India has faced many challenges over the years. However, this BPO industry has managed to sustain itself and has recorded a steady growth in the past couple of years. The bioinformatics outsourcing industry has proved to be a profitable business in many parts of the world. The advances in the field of biotechnology have generated a large volume of data that are vital to the creation of new drugs and methods of treatment. Human genome sequencing models that are cost-effective have led to an increase in the investment carried out in this sector in India.
The bioinformatics market in India recorded a Compound Annual Growth Rate (CAGR) of 15% at the start of 2000. The growth rate of this BPO industry went on the decline in 2007. The past few years have witnessed this market picking up and it has continued to register a steady growth since then. For the period 2011—2012, this field witnessed growth at the rate of 7% and accumulated a total of $55 million. During this period, the domestic revenue had increased considerably, which may be attributed to the success achieved in this phase of growth.
Trends that uplift bioinformatics market in India
A recent report from RNCOS, a leading consultancy and research company, states that the bioinformatics market in India has become a leading segment of the biotech BPO industry in recent years. This is in spite of the fact that it accounts for only 2% of the biotech sector. The report titled Indian Bioinformatics Market Forecast to 2015 predicts that by the fiscal year 2015, the bioinformatics market in India will attain a value of approximately US$ 140 million. The availability of sound infrastructure and skilled workers is likely to boost the prospects of this sector.
The latest trends that are likely to uplift the market include genomics, translational bioinformatics, and personalized medicine. In view of the changing trends in the bioinformatics market in India, many companies have based their operations in the BPO industry playing the role of integrated outsourcing associates. Other trends in this sector that offer unlimited opportunities include structural biology services, computer-assisted molecule discovery, and bio- and chemo-informatics. Companies such as Strand Life Sciences and Ocimum Biosolutions have established bases outside India such as the United States. Then again, as a result of an increase in the outsourcing of bioinformatics operations and due to the global financial crisis, they have been forced to change their strategies.
More thrust has to be given on the development of new drugs, which will benefit the bioinformatics market in India. The development of a new model of operations based on the latest trends will fortify this BPO industry in India.


text:
Subaru BRZ
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Subaru is a brand that aims to deliver safety without compromising performance in its vehicles. Locally, Subaru Philippines is offering the BRZ, XV, Impreza, Legacy, Levorg, and WRX. For those who want to explore the great outdoors, the Forester, Outback, or the Tribeca could be the right vehicle for you.
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text:
Shelving System with a Touch of Colour
The Edgar shelving system by Hartô was designed by Mark Braun and impresses with its simple modularity, its flexibility, and the touch of colour. It's a sideboard, bookcase and box for the wall in one, offers enough space for a wide variety of items and beautifies any room.
Sideboard, Wall box and High Bookshelf in One
A box made of MDF in oak veneer builds the shelf system's base, which is equipped with a matt lacquered inner panel, coming in different colours. The modules can be connected to one another, either upright and / or crosswise by a simple assembly system. The modules are simply plugged into each other using brass connections and can also be disassembled again quickly. Thanks to the plug system, Edgar can be assembled from the simple box to the sideboard or high bookshelf and in a few minutes shrink to the individual box again.
A base for the Edgar shelf is optionally available, so the shelf can stand slightly above the ground and appears lighter.


text:
As South Korea's "Gangnam Style" continues to barrel through pop culture with television appearances and a long list of invisible horse-dancing parodies, a massive group of dancers gathered in Washington Square Park on Sunday to join the sensation.
The event was organized by a fan named Tae Young Woo and attracted the attention of Korean broadcasting system, KBS.
I LOVE DANCE, a dance group specializing in Korean hip-hop, even hosted a workshop to prep for the big day, charging $30 for a two-hour session to dance like Oppa Psy.
Despite the countless parodies, the "Gangnam" phenomenon is showing no signs of slowing down. On Wednesday, "Gangnam Style" took the number one spot in digital song sales.
The video's bizarre horse-dancing has also inspired aerobic workouts.
Correction: A previous version of this article listed I LOVE DANCE as the primary organizer of this event.
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Free personalized radio that
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I Get A Kick Out Of You
Features of This Trackblock piano chords
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text:
Westchester Sophomore Lacrosse Standout Commits To Cornell
YORKTOWN HEIGHTS, N.Y. -- Yorktown High School just saw its second sophomore boys lacrosse verbal with defender Chris Perrino's commitment to Cornell's admissions process, according to La...Read More
Former Westchester Resident Jeff Pearlman Takes Aim At 'Gunslinger'
MAHOPAC, N.Y. -- Writing a book about Brett Favre hardly fascinated Jeff Pearlman. "I had very little interest in Favre,'' the Mahopac native and former New Rochelle resident said about ...Read More
Bronxville Baseball Player At Iona Prep Commits To James Madison
NEW ROCHELLE, N.Y. -- Iona Prep athletes from Bronxville, Mahopac and Rye Brook announced that will continue their playing careers in college. Baseball player Anthony Piccolino, 17, of Br...Read More
Dobbs Ferry Wins Thriller Over Woodlands For Class C Football Title
MAHOPAC, N.Y. -- Dobbs Ferry High's football team was running clock, on its way to a title Friday night facing top-seeded Woodlands in the Class C championship game at Mahopac High School...Read More


text:
Whether she's out making a snowman or sledding with friends, the Kitty girl's novelty balaclava will look great and keep her safe from the cold.
The balaclava has a heat retaining fleece shell and a warm cotton lining, so she'll have all the heat she needs and with a simple binding round the neck, easily take it off and put it on by herself.
The cool cat design comes in pink or purple with a choice of sizes and she'll love dressing up to go out in the cold. Pair this balaclava up with some warm gloves and a winter jacket and your little kitty will be ready to go out on an adventure.
The nippy cold won't bug your kids once they're kitted out in their Trespass gear. We have hats, balaclavas, scarves, neck warmers, gloves, socks and more. So when winter rolls in, Trespass is your one stop shop to battle the cold.


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- Worldwide Rank #8,490,943
- Follower/Following Ratio 4.89
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DesenhosDeUmMangaká Twitter Stats
@001_guto - Tracking DesenhosDeUmMangaká Twitter profile since August 24, 2013
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Angora alibi [electronic resource] : Seaside Knitters Mystery Series, Book 7. Sally Goldenbaum.
Electronic resources
Record details
- ISBN: 9781101613764 (electronic bk)
- Physical Description: 1 online resource
- Date Published: 2013.
Content descriptions
|Summary, etc.:
| Readers can't help but get entangled in this USA Today bestselling series.The Seaside Knitters of sunny Sea Harbor are busy crafting a baby blanket for a member of their circle. But as the due date draws near, so does a puzzling plot.... Yarn shop owner Izzy Chambers Perry is having a heady summer. She and her new husband, Sam, are expecting a baby. She's trying to stay active with bike rides, runs along the shore, and spending time with the Seaside Knitters—until the day she spots an abandoned baby car seat and a familiar blanket on the beach. Izzy immediately recognizes the blanket's material—a soft yellow angora yarn she displayed in her shop window last fall. Maybe it's the hormones, but Izzy has a terrible feeling.... After a local man dies during a scuba dive, Izzy discovers he was actually murdered and is connected to the abandoned car seat. Now it's up to the Seaside Knitters to investigate. With their careful...
|Reproduction Note:
| Electronic reproduction. New York : NAL, 2013. Requires OverDrive Read (file size: N/A KB) or Adobe Digital Editions (file size: 1106 KB) or Kobo app or compatible Kobo device. (file size: N/A KB) or Amazon Kindle (file size: N/A KB).
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text:
The Gay Guy Test
Their result for The Gay Guy Test ...
The Jock Gay
You are 63% a Macho Jock, 28% Pink and Femme, and 29% Scene-Emo
Someone enjoys their sports and working out, while you're not as comfortable with your sexuality. You arent a proud gay, but you're a damned good looking one. You won't be caught at a musical but you still cuddle with your boyfriend while watching movies at home, just like everyone else.
Their Analysis (Vertical line = Average)
They scored 63% on Macho-Jock Gay, higher than 92% of your peers.
They scored 28% on Pink-Femme Gay, higher than 19% of your peers.
They scored 29% on Scene-Emo Gay, higher than 10% of your peers.
All possible test results
You are a mixture of the all types of gayness. Nothing stands out in your personality and interests, you will fit in almost anywhere and arent classified by any major stereotypes. Read more
You scored high in emotionalness and scenesterness. You are proud of being gay but arent obnoxious about it. You enjoy the latest fashion trends or set you own, and you could care less what other peop... Read more
The Pink Boi
You scored highest in the Pink category. You love being gay and are proud of it. You don't care who knows and you love talking about it your friends. You are open with your relationships and enjoys li... Read more
You are a mix of Pink and Scene-Emo. You fit in most places. You scored low in the Jock category. Read more
The Jock Gay
MACHO MAN!!!Someone enjoys their sports and working out, while you're not as comfortable with your sexuality. You arent a proud gay, but you're a damned good looking one. You won't be caught at a ... Read more
You are a mix of Jock and Scene-Emo. You fit in most places. You scored low in the Pink category. Read more
You are a mix of Pink and Jock. You fit in most places. You scored low in the Scene category. Read more
Score too high. If you really did score this high you are an ultimate hybrid of all classes of gayness. Read more
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December 17, 7:00 PM
The Lucketts Bluegrass Christmas Jamboree, a group of musicians selected from some of Lucketts' favorite bands, will put on a special Christmas concert Saturday, December 17, at 7 p.m. The show will be capped with a grand finale sing-along.
Musicians include IBMA Hall of Fame member, Tom Gray, on bass; Jay Armsworthy of Eastern Tradition on guitar and vocals; Tom Mindte of Patuxent Partners on mandolin and vocals; Wally Hughes on fiddle, dobro, guitar and vocals; Lisa-Kay-Howard on mandolin and vocals; John Brunschwyler on bluegrass banjo; and teenager, Victor Furtado, on old-time banjo. Santa Claus will make his annual visit to Lucketts with gifts for kids of all ages!
December 29, 2:00 PM - 4:00 PM
Start your New Year's celebration early! Anyone 55 and better is invited to a dance party at the Senior Center at Cascades Thursday, December 29, from 2 p.m until 4 p.m. Music will be provided by DJ Sky Dantinne (tunes from the 50's through today). Individual and group photos will be available at our "Party Photo Booth." Tickets are $5 for center members in advance or $7 for non-members and at the door. Advance purchase is recommended.
The Senior Center at Cascades is located at 21060 Whitfield Place, Sterling, VA 20165. For more information, call 571-258-3280 or visit www.loudoun.gov/seniors-cascades.


text:
Jersey Shore Recap: Sticking It Out
This week, down on the Jersey Shore, the prank war kings returned, while Mike pondered his future with Paula and Deena got really, really trashed again.
Read on for THG's full recap!
This week, down on the Jersey Shore, the prank war kings returned, while Mike pondered his future with Paula and Deena got really, really trashed again.
Read on for THG's full recap!
We love us some Deena Nicole Cortese, but wow. Just wow.
As the final season of Jersey Shore plays out on MTV, we got to relive one of the past summer's most notable highlights from Seaside - her drunken daytime arrest.
The Jersey Shore Season 6 premiere was just an appetizer.
$h!t got a lot more real last night in the season's second episode - also a two-hour event, thank you MTV - in which Snooki moved out of the Shore house.
Jersey Shore Season 6 premiered last night on MTV.
The gang has certainly come a long way since their initial hookups, pranks, fights and hot tub romps of 2009. With a sober Situation and a pregnant Snooki, it's ... different.
Nobody has the recipe or the rules for this game.
That's what Mike Sorrentino, better known as "The Situation," had to say about his sober return to the Jersey Shore house.
JWoww and Roger Mathews are engaged.
The reality star's longtime boyfriend proposed to her last week, and it was all filmed for Jersey Shore spinoff Snooki & JWoww. Because Roger's proposal was among the more elaborate ones you'll ever see, though, the cat's out of the bag.
Jersey Shore's Deena Nicole Cortese is a total wreck. So much so that Spicy Cantina & Mexican Grill doesn't want to see her face until 2014 at the earliest.
New Jersey liquor regulators said Thursday that they fined the Seaside Heights bar a whopping $15,000 for serving a "visibly intoxicated" Deena this June.
MTV recently announced that Jersey Shore is canceled after the coming sixth season, but that doesn't mean the gang won't go out with a GTL-filled bang.
It'll just be a more poignant one, given recent circumstances.
Jersey Shore star Nicole "Snooki" Polizzi recently welcomed her first child, son Lorenzo Dominic LaValle. Now you can meet him on the cover of People!
After more than 24 hours of labor, Snooki gave birth to Lorenzo August 26. Fortunately, she and fiance Jionni LaValle say that choosing a name was easier.
Jersey Shore is going out on a high note, according to MTV, which is speaking out about its rationale behind canceling the hit show after six seasons.
Executive VP of Programming Chris Linn says the cost of the cast was not factor, but "we always said we'd do the show as long as it made sense."
The days of GTL, fist pumping and beating up the beat are nearing their end on MTV as Jersey Shore's upcoming sixth season will officially be the last.
Since its December 2009 debut, the show has been a huge hit and its cast members have become bona fide celebrities, but ratings have dipped of late.
Lorenzo Dominic LaValle's here and the Jersey Shore gang is dishing out the love to new mom Snooki, fiance Jionni LaValle and their bundle of love.
News of Snooki giving birth to the Garden State's youngest guido at St. Barnabas Medical Center in Livingston, N.J., Sunday was welcomed joyously.


text:
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The budgetary wars holding America back
Whatever happens at the next fiscal cliff on March 1 will subtract further from 2013 growth prospects. And the ongoing fiscal attrition in Washington between Republicans and Democrats is set to last years.
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Möchtest du als deine Standardwährung festlegen oder nur für diese Sitzung behalten?
Overall a super deal for my money. the staff were outstanding, spoke English, and very helpful in every way. Facilities, food, and service were excellent. Location was great, next to major shopping mall, taxi service always available and walking distance to many things. The hotel arranged taxi travel, tour of the city and offered great advice on things to see and do. I wish the gym had more equipment, but local gyms were only walking distance away.
Close to parque lleras EVERYTHING! DO NOT STAY HERE! AT ALL!! . Most employees (of course not all, mostly the ones that don't depend on tips) treat you like they are doing you a favor. No patience on answering questions, on talking to you, on trying to accommodate you needs. . The fact that you are VERY close to Parque Lleras can make it really hard to have quiet time, especially at night - and also the windows are not noise proof, are just simple thin glass windows. . WI-FI is just SO SLOWWWW!!! And the signal is just SOO BAD! It makes you sign in ALL THE TIME!!! It's just soo sooo terrible!! . The bed was so hard and old that I had to ask for them to put another mat on top. But of course they had only a kid mat and it wouldn't fit so I ended up with 2 kid mats on top of my old king size that squeaks at every turn. . It's been 6 days that I'm here and they've given me only 1 new set of shampoo/conditioner/soap. I had to save one day when it was ending during my shower, then I guess the lady finally notice it was over and replace it. But since the new conditioner was not used, she took away the next day!! I'm not kidding!!! It's just craazy! . Your minibar is never refilled. it's been 6 days and I'm consuming what's in it but it's never been refilled. . I think they don't refill anything, same thing with laundry. I've had to request laundry bags twice and they still send me only 1 bag/form + it doesn't get refilled after room is cleaned! . The Gym hours are bad and the equipment is dirty full of dust, one of the elliptical has pieces falling apart. . The elevator has 1 single 15-sec advertisement that repeats over and over and over... on the second day I couldn't hear it anymore. Now that I'm on my 6th day with 4 more to go I've created a barrier, I just block it. . There was not a single pen and paper on the room. . There is no paper tissue (Kleenex) in the toilet - and the toilet lights are terrible. . Ow! And the power outlets turn off when you leave so you can't leave anything charging in the room!! hahahaha just bizarre!!! . When you ask for room service (by the way the choices are LAME), remember to ask for salt!! They NEVER send it. I've ordered every single day... Today, the 6th day I ordered in advanced. . And don't be shy, you can hear every time the guest upstairs flushes and takes a shower. It is VERY loud. BTW, get use to noise, as this is a very noisy hotel. . Ah and the water, every time the upstairs guest flushes or is taking a shower, your water pressure decreases considerably! That are probably more details but I think these are enough reasons for you TO DON'T STAY HERE!!!! Really it's been the worst decision I made. And worst of all: they made me PRE-PAY the reservation without refund!!!!! So I can't leave and go anywhere else!!
Great pool environment and spacious rooms. No ventilation in the bathroom, so it got very warm in there taking a shower and getting ready. The service was beyond horrible. It took more than 20 minutes, at times, to get service for drinks. The gym was way less than stellar and more frustrating than useful. Additionally, we could not get pedicures or manicures while there because the girls was out sick. They only have 1 girl for this?!?! How would multiple people get services?? And, upon checking out, the bill was incorrect for incidentals. The only resolve is to email someone...infuriating!
Staying at this hotel during our four days and three nights ( fron May 7 To May 10 at Room 407) in Medellin was a not so good and it is very far from being the best hotel in the city. Breakafst was good, the room was olds, they need to renew the facilities. However things got worse when we got home in Miami back from Medellin and realized that and Iphone5 and an IPod were stolen from one of our bags while we were at this hotel.
Room Food
Central location I did not like the fact that the Tony Roma restaurant was closed because of a holiday. It was the main reason I booked this hotel. A 5 star establishment cannot close a restaurant because of a holiday.
great location high ceilings good service quiet room moldy shower curtain sponge pillows sheets didn't feel like all cotton breakfast buffet needs attention $50 to add a guest (room was only $80) bathroom needs to be renovated
The deal was great , staff and facilities were excellent No
Room cleaning Bed and room space.
Great food. Front desk staff spoke English No towels in room. .took 3 calls over 90 minutes to get towels..and each time staff spoke English. ..slow bar service at pool 30 minutes to get a drink ...bring out one guest drink each time ??....Room clean but dated...comfy bed..great linens&toiletries
the swimming pool area is gorgeous, and you can feel safe and isolated from the hub....the breakfast is. AMAZING...more of a brunch than a breakfast with soup, made to order omelettes and kick butt buffet with rice and beans,
Very good hotel for the price Very good hotel for the price


text:
About sens3sfailing : 1) I am an atheist and biology student
2) My favorite band is Memphis May Fire
3) my name comes from another one of my favorite bands, senses fail
5) I enjoy paradoxes, riddles, and conundrums.
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7) you went back to check if there really was no number 4.
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13) okay I lied.
About sens3sfailing : 1) I am an atheist and biology student
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Today, while at work taking notes on a pad of paper, my boss witnessed me trying to scroll down on the paper, as if it was a touch-screen phone. FML
by mdg / 12/04/2012 at 12:16pm / United States (Connecticut) / Work
Today, while getting a hernia exam, I accidentally ran my fingers through my doctor's hair. FML
by WTFFAIL / 12/03/2012 at 12:06am / Canada (Quebec) / Health
Today, at a talent show, my band got booed before we even started playing. FML
by disembob / 12/02/2012 at 9:26pm / United Kingdom / Miscellaneous
Today, I went to Hollister with my grandmother. She immediately started yelling about the music being too loud, and ordered the staff to "shut the damn thing off". She was yelling at a bunch of mannequins. FML
by time to put you down, gran / 12/01/2012 at 5:53pm / United States / Miscellaneous
Today, I brought a boy over to my house to help with a history project. My mom suddenly swooped in and bombarded him with questions about his and my sex life, and how she wants to have exactly four grandchildren. FML
by Anonymous / 12/01/2012 at 1:06am / United States (Texas) / Miscellaneous
Today, my dad grounded me for two weeks for profusely swearing at my misbehaving laptop. After some arguing, he actually accepted my half-joking offer to play a game of CoD over it. His condition was that if I lost, my grounding period would double. We played. He kicked my ass. FML
by goodbye cruel world / 11/30/2012 at 8:28pm / United States (California) / Miscellaneous
Today, as part of my job as a swimming instructor, I had to help a teenage boy learn how to float. This involves supporting the person's back as they try to float. His boner stood straight up. FML
by julia / 11/30/2012 at 8:02pm / United States (Illinois) / Intimacy
Today, I asked my boyfriend if he'd rather play the new Assassin's Creed game or have a night of sex with me. He started crying from indecision. FML
by ladylol / 11/24/2012 at 8:54am / United Kingdom (Northamptonshire) / Intimacy
Today, I got into a car accident. The guy wouldn't give me his information, but instead stood there saying, "Like a good neighbor, Statefarm is there." FML
by Read The Fine Print / 11/24/2012 at 12:55am / United States (California) / Transportation
Today, while at school, a bra fell out of my coat. After the initial shock, people started congratulating me on finally getting a girlfriend. I didn't have the heart to tell them it was my mom's. FML
by Tymer / 11/23/2012 at 10:56am / Canada (British Columbia) / Miscellaneous
Today, I was messing around with my wife. I grabbed her boobs and said, "Honk honk". Unbeknownst to me, my daughter saw it. Now my 3-year-old girl runs around honking everyone. Even her grandparents. FML
by piemasterzim / 11/21/2012 at 8:20pm / Canada / Kids
Today, my friends and I were playing truth or dare game. It was late and we were drunk, so they dared me to run naked into my neighbor's yard while yelling, "Help! The pixies took my penis!" I ran screaming right into their big family reunion. FML
by nekkidness / 11/21/2012 at 4:06pm / United States (North Carolina) / Miscellaneous
Today, I was finally paid back by a friend who wrote a check out. Not really looking at it, I went to the bank to deposit it. As I handed it to the teller, I noticed that he had written "sex" in the "for" memo. FML
by Anonymous / 09/16/2012 at 9:46am / United States / Money
Today, I found an enormous raccoon in my backyard. After a couple of nasty scratches, I finally managed to capture the filthy animal. After calling animal control to relocate it, I waited for hours to learn that "relocating" actually means releasing it into my front yard 10 feet away. FML
by anonymous / 09/13/2012 at 2:02am / United States (California) / Animals
Today, after sex, my boyfriend and I lay in bed for a couple of hours just chatting. This would have been lovely. However, his topic of choice for post-coital pillow talk was his theory about how Chewbacca is secretly the leader of the Rebel Alliance. It actually made sense. FML
by cl4ptp / 08/14/2012 at 8:17am / United Kingdom (Vale of Glamorgan, The) / Intimacy


text:
tvtag (formerly GetGlue) is a social network for entertainment. Users check-in and share what they are watching, listening to and reading with friends; get fresh recommendations, exclusive stickers, discounts and other rewards from their f...
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tvtag is leading in Brazil, Venezuela, Romania, Kenya and one other country.


text:
VERNON - Authorities say a doctor attacked a 12-year-old boy in a "ski rage" incident at a Sussex County ski resort.
Vernon police say 44-year-old Samuel Caruthers was skiing Sunday with his own child at Mountain Creek when the victim fell into them. Caruthers allegedly punched the boy in the mouth and hit him with the end of a ski pole.
The child suffered undisclosed injuries.
READ MORE: New Jersey Crime Stories
Caruthers was charged with aggravated assault and child endangerment.
His attorney, Robert Dunn, told NJ.com that his client had no intention of harming the child. He says the anesthesiologist is sorry for any misunderstanding.
Caruthers, who lives in Mountain Lakes, was released pending a court appearance.
The Associated Press wire services contributed to this report.


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November 20, 2009
CITY OF WAUKEGAN, ILLINOIS, PLAINTIFF,v.NATIONAL GYPSUM CO., ET AL., DEFENDANTS / THIRD- PARTY PLAINTIFFS,v.WAUKEGAN PORT DISTRICT, ET AL., THIRD-PARTY DEFENDANTS.
The City of Waukegan (Waukegan) has sued various entities pursuant to section 107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), 42 U.S.C. § 9607(a), to recover past and future anticipated costs incurred in connection with remediation of Waukegan Harbor. The defendants have filed third-party complaints against others for contribution pursuant to section 113(f) of CERCLA, 42 U.S.C. § 9613(f). The third-party defendants include the Waukegan Port District (WPD), the United States Army Corps of Engineers, and the United States Coast Guard.
WPD and the federal government defendants moved to dismiss both the third- party complaint and Waukegan's second amended complaint. In an earlier decision, the Court deferred consideration of the motions to dismiss and directed Waukegan to file a third-party complaint describing with greater particularity the past and future costs it seeks to recover in this case. After Waukegan filed its third amended complaint, WPD, the federal defendants, and Waukegan all filed supplemental briefs regarding the motions to dismiss.
For the reasons below, the Court denies defendants' motions to dismiss in part and defers them in part pending consideration of a very recent decision by the United States Environmental Protection Agency (EPA). That decision was provided to the Court on November 20, 2009, after the present ruling was completed but before it was entered on the docket.
Waukegan Harbor is contaminated with polychlorinated biphenyls (PCBs) that were discharged into and around the harbor by the now-defunct Outboard Marine Corp. (OMC). In the 1980's, the EPA put the harbor and some of the surrounding land (to which the Court will refer as "the facility" or "the site") on the National Priorities List (NPL). In 1992, OMC completed a sediment remediation project in the harbor pursuant to a consent decree it entered into with the EPA in 1988. In 2000, OMC permanently closed its manufacturing operations on the Waukegan lakefront and filed for bankruptcy. After OMC abandoned the property, Waukegan came to own portions of the site in and around the harbor through eminent domain and purchase approved by the bankruptcy court.
In 2004 and 2005, in conjunction with its purchase of portions of the site, Waukegan entered into two consent decrees with the EPA and the State of Illinois. These two consent decrees concluded any potential liability Waukegan might have for the vast majority, and possibly the entirety, of the OMC site. See City of Waukegan v. Nat'l Gypsum Co., No. 07 C 5008, 2009 WL 972608, at *1-2 (N.D. Ill. Apr. 9, 2009). Collectively, the decrees protect Waukegan against any legal obligation to incur further CERCLA response costs relating to the OMC site and against contribution claims from other potentially responsible parties.
In this case, Waukegan has sued several entities with business operations adjacent to or near the harbor, alleging that they are liable for response costs relating to PCB contamination at the site as owners and/or operators pursuant to CERCLA section 107(a). Waukegan also seeks a declaratory judgment pursuant to CERCLA section 113(g)(2), 42 U.S.C. § 9613(g)(2), that the defendants are liable for any further response costs that Waukegan may incur as a result of releases or threatened releases of PCBs at the site.
As noted earlier, on September 2, 2009, the Court directed Waukegan to file a third amended complaint providing further particulars regarding its past and anticipated future response costs, to enable the Court to determine the viability of any claim for cost recovery or declaratory judgment. The third amended complaint alleges that Waukegan has voluntarily incurred response costs, including for the following:
* Designing a response action in connection with PCB-contaminated sediments in the Harbor, "pursuant to an agreement with USEPA";
* Lowering the City's potable water supply line, which traverses the Harbor, to allow a response action including dredging of PCB-contaminated sediments;
* Assessing the feasibility of alternative response actions proposed by the EPA and/or the Army Corps of Engineers relating to PCB-contaminated sediments in the harbor;
* Conducting a soil investigation of PCB contamination on land adjacent to the harbor and within the facility; and
* Maintaining the impoundments that store the PCB-contaminated sediment dredged by OMC in its 1992 remediation action.
The third amended complaint also states that Waukegan anticipates incurring additional response costs in the future, including for the following:
* Addressing recently-discovered high levels of PCB contamination located on Operable Unit 4 of the site;
* Costs resulting from the EPA's imposition of liens on city-owned property around the harbor to secure unreimbursed response costs or to allow the EPA to realize any increase in value to the property resulting from its response actions; and
During 2008, after Waukegan filed this lawsuit, the EPA began a new remedial investigation and feasibility study (RI/FS) for the harbor (Operable Unit 1 of the facility) and issued a plan for public comment. That plan proposes a dredging project to remove sediment containing PCBs. The public comment period closed in January 2009. At the time of the supplemental briefing, the EPA anticipated issuing an amended Record of Decision (ROD) this fall. As noted earlier, the amended ROD was provided to the Court on November 20, 2009, after this decision was completed but before it was entered on the docket. The EPA has publicly stated that it anticipates the costs of the cleanup project will be paid by it and the State of Illinois.
When considering a motion to dismiss a complaint, the Court accepts the facts stated in the complaint as true and draws reasonable inferences in favor of the non-moving party. See, e.g., Newell Operating Co. v. Int'l Union of United Auto., Aerospace, and Agr. Implement Workers of Am., 538 F.3d 583, 587 (7th Cir. 2008).
The Seventh Circuit has emphasized that even after the Supreme Court's ruling in Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), federal courts still adhere to a notice-pleading standard, and "[a] plaintiff must still provide only enough detail to give the defendant fair notice of what the claim is and the grounds upon which it rests...." Tamayo v. Blagojevich, 526 F.3d 1074, 1083 (7th Cir. 2008). Though Rule 8(a)(2) does not require a complaint to include "detailed factual allegations," it does require "more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do." Twombly, 550 U.S. at 555 (internal citations omitted). The amount of detail required in pleading depends on the context of the claim. Tamayo, 526 F.3d at 1083. In complex litigation, "a fuller set of factual allegations may be necessary.... If the discovery is likely to be more than usually costly, the complaint must include as much factual detail and argument as may be required to show that the plaintiff has a plausible claim." Id. (internal citations omitted).
As directed by the Court, Waukegan filed a third amended complaint, in which it provided additional information about the past and anticipated future response costs that form the basis for its claims. WPD, the federal government defendants, and Waukegan have each filed a supplemental memorandum concerning the pending motions to dismiss.
A. Defendants' Arguments
WPD and the federal government defendants make several arguments about why this Court cannot or should not hear Waukegan's claims at this point because the EPA is currently engaged in the process of remedy selection that will result in the issuance of an amended ROD. First, they argue that the Court must dismiss Waukegan's claim because section 122(e)(6) of CERCLA, 42 U.S.C. § 9622(e)(6), prohibits any potentially responsible party from undertaking remedial action at a site at which the EPA has initiated a RI/FS "unless such remedial action has been authorized by the President." WPD also argues that Waukegan's claims are precluded by the EPA's pending action because section 107(a)(4)(B) of CERCLA, 42 U.S.C. § 9607(a)(4)(B), requires actions to be "consistent with the national contingency plan" to be eligible for cost recovery, which WPD contends Waukegan cannot prove so long as the EPA's decision is still pending. Finally, WPD argues that the Court cannot hear this case at this time because Waukegan claims constitute an impermissible "challenge" to EPA's selection of remedial or removal action before it is complete, depriving this Court of jurisdiction under section 113(h) of CERCLA, 42 U.S.C. § 9613(h).*fn1
WPD and the federal government defendants also argue that even if Waukegan's claims are not precluded by the pending EPA action, the city cannot recover costs under CERCLA section 107(a). The 2004 and 2005 consent decrees, they contend, fully resolve Waukegan's potential liability for the entire site, and thus any actions the city takes concerning the site should be considered to be within the scope of the consent decrees. The defendants say the consent decrees are "judicially-approved settlements" within the meaning of CERCLA section 113(f), and they argue the city should be limited to a claim for contribution under that section, as opposed to a claim under section 107(a). WPD further argues that even if recovery is available under section 107(a), Waukegan has failed to plead facts indicating that it has incurred any truly voluntary response costs as required by that provision.
B. Preclusion by Pending EPA Action
1. CERCLA Section 122(e)(6)
The original remediation of Waukegan Harbor, undertaken pursuant to CERCLA, was completed in the early 1990s. Because that initial remediation did not remove all contaminants from the facility, the EPA has maintained supervision of the site and has conducted five-year reviews of the effectiveness of the remedy, as required by CERCLA and as described in the EPA's original ROD for the site. See 42 U.S.C. § 9621(c). In 2008, the EPA began a new RI/FS for the harbor and issued a plan for public comment. As noted earlier, that plan proposed a dredging project to remove sediment containing PCBs from the harbor. The public comment period closed in January 2009, and as noted earlier, the EPA just today provided the Court with a copy of the amended ROD.
WPD and federal government defendants argue that CERCLA section 122(e)(6) precludes Waukegan from undertaking any response action while the EPA's expected amended ROD is pending. Section 122(e)(6) states:
When either the President, or a potentially responsible party pursuant to an administrative order or consent decree under this chapter, has initiated a remedial investigation and feasibility study for a particular facility under this chapter, no potentially responsible party may undertake any remedial action at the facility unless such remedial action has been authorized by the President.
42 U.S.C. § 9622(e)(6). The EPA, in its third five-year review of its original ROD, reported that it had "determined that the Waukegan Harbor operable unit (OU #1) remedial action currently is not protective of human health and the environment because the 50 ppm PCB cleanup level selected in the 1984 ROD for the harbor sediment is too high." The EPA announced that it would undertake a remedy selection process resulting in the issuance of an amended ROD. WPD's Mot. to Dismiss, Ex. B at 3.
The third amended complaint includes several claims for recovery of remedial costs Waukegan alleges it already incurred, during the period that the original ROD has been in effect. Waukegan incurred these costs, and indeed it filed this lawsuit, well before the EPA announced its intention to issue an amendment to the original ROD and before it began the recent RI/FS. Section 122(e)(6) has nothing to do with, and does not bar, claims for recovery of past costs.
The third amended complaint also identifies anticipated future response costs. As described earlier, these include expenses Waukegan expects to incur in connection with recently-discovered high levels of PCB contamination in Operable Unit 4 of the facility and the ongoing expense of maintaining the PCB impoundments in Operable Unit 3. Defendants argue that Waukegan cannot plead facts sufficient to state a claim for these future costs because they are too speculative and may never be undertaken if they conflict with the EPA's eventual amended ROD. The EPA's description of the plans for the pending amended ROD, however, mentions only Operable Unit 1, whereas the third amended complaint describes anticipated future costs in Operable Units 3 and 4. Unless the amended ROD, which the Court has not yet reviewed, also covers Operable Units 3 and 4, Waukegan has alleged facts sufficient to state a claim for future response costs as to those Units that is not defeated by section 122(e)(6).
2. Consistency with the National Contingency Plan
WPD and the federal government defendants assert that Waukegan's claims for cost recovery are precluded because the city cannot plead facts sufficient to state a claim that it has incurred "necessary" costs that are "consistent with the National Contingency Plan" (NCP) as required by CERCLA section 107(a)(4)(B), 42 U.S.C. § 9607(a)(4)(B), until the EPA has made clear what is consistent by issuing its amended ROD. The Court deals with the specifics of Waukegan's claimed costs below but notes that the pending amended ROD is not the first EPA action at the site. The response costs Waukegan alleges it has previously incurred could be, and are alleged by Waukegan to be, consistent with the previous version of the EPA's plans.
Taking Waukegan's factual allegations as true and making reasonable inferences in its favor, it has sufficiently alleged that it incurred response costs that were consistent with the NCP at the time. The EPA's later actions to amend its plans for the Waukegan Harbor do not pose a bar to Waukegan's claims for recovery of those past costs. It would frustrate CERCLA's goal of addressing and remediating hazardous waste contamination to deny cost recovery to a party that acted consistently with an existing EPA plan just because the EPA later changed its approach.
3. Impermissible Challenge to EPA's Selected Response
WPD argues that the Court lacks jurisdiction to hear Waukegan's claims due to CERCLA section 113(h), 42 U.S.C. § 9613(h). Section 113(h) limits federal jurisdiction over challenges to EPA removal and remedial actions to those cases in which the remedial action is already complete. WPD contends that Waukegan's claims for cost recovery and declarative judgment are actually an effort by the city to frustrate the EPA's ongoing process for amending the ROD before that process is complete, because (WPD contends) the city would prefer a different remedy from the one the EPA is expected to select.
An "indirect" challenge, which is what WPD contends the Waukegan is attempting via this case, is prohibited under section 113(h) if it interferes with the implementation of a CERCLA remedy. See, e.g., Pollack v. U.S. Dept. of Defense, 507 F.3d 522. The third amended complaint, however, includes several specific claims regarding response costs that Waukegan voluntarily incurred beyond what the 2004 and 2005 consent decrees required. Classifying such claims as a veiled "indirect" challenge to the EPA's remedy selection process, invoked as an "ingenious means to skirt a clear statutory bar to suit," id., would require the Court to make significant inferences in the defendants' favor, which is inappropriate at the pleading stage. Thus section 113(h) does not provide a basis to dismiss the third amended complaint.
C. Claims for Past Costs under CERCLA Section 107(a)
1. The availability of a remedy under section 107(a) v. section 113(f) CERCLA provides for three different ways in which potentially responsible parties (PRPs) may share or shift response costs. Section 107(a)(4)(B), the basis for Waukegan's claim, provides that PRPs may be held liable for "any other necessary costs of response incurred by any other person consistent with the national contingency plan." 42 U.S.C. § 9607(a)(4)(B). Such "other persons" may include other PRPs. United States v. Atl. Research Corp., 551 U.S. 128, 135-36 (2007). Section 113(f)(1) gives a person who has incurred response costs a right of contribution from any other PRPs "during or following any civil action under [section 106 or section 107]." 42 U.S.C. § 9613(f)(1). Section 113(f)(3)(B) allows a party that has settled with a state or the United States "in an administrative or judicially approved settlement" to seek contribution from "any person who is not party to a settlement." 42 U.S.C. § 9613(f)(3)(B).
The Supreme Court has explained how sections 107(a) and 113(f) work together as complementary remedies, providing causes of action "to persons in different procedural circumstances." Atl. Research, 551 U.S. at 139 (citing Consol. Edison Co. of N.Y. v. UGI Utils., Inc., 423 F.3d 90, 99 (5th Cir. 2005)). In Atlantic Research, the Supreme Court stated:
Section 113(f)(1) authorizes a contribution action to PRPs with common liability stemming from an action instituted under § 106 or § 107(a). And § 107(a) permits cost recovery (as distinct from contribution) by a private party that has itself incurred cleanup costs. Hence a PRP that pays money to satisfy a settlement agreement or a court judgment may pursue § 113(f) contribution. But by reimbursing response costs paid by other parties, the PRP has not incurred its own costs of response and therefore cannot recover under § 107(a).
Atl. Research, 551 U.S. at 139. The defendants argue that this settles the matter. They contend that Waukegan resolved its liability to the EPA through the consent decrees and thus any costs the city incurred should be considered to be within the scope of those decrees. As a result, they argue, Waukegan cannot bring a claim under section 107(a).
This argument oversimplifies the issue. In Atlantic Research, the Court held that a party that has not been sued and yet incurs response costs may sue to recover those costs under section 107(a) and not under section 113(f). Atl. Research, 551 U.S. at 139. The Court also held that a party that incurs costs to satisfy a settlement agreement or a court judgment does not incur its own response costs but rather reimburses others for their response costs and thus may recover only in an action for contribution under section 113(f). Id. The Court did not determine, however, that a party to a consent decree that thereafter incurs additional response costs cannot sue to recover those costs under section 107(a). The Court stated:
We recognize that a PRP may sustain expenses pursuant to a consent decree following a suit under § 106 and § 107(a). In such a case, the PRP does not incur costs voluntarily but does not reimburse the costs of another party. We do not decide whether these compelled costs of response are recoverable under § 113(f), § 107(a), or both.
Atl. Research, 551 U.S. at 139 n.6. In short, though section 107(a) is the only avenue for recovery of response costs incurred voluntarily, that provision "does not specify that only parties who 'voluntarily' remediate a site have a cause of action." W.R. Grace & Co. -- Conn. v. Zotos Int'l, Inc., 559 F.3d 85, 92 (2d Cir. 2009) (emphasis added).
Further, the third amended complaint makes specific allegations regarding costs Waukegan incurred beyond what the consent decrees required. The 2004 consent decree obligates the city to perform operations and management (O&M) work on the soil within Operable Unit 2 of the site. Pl.'s Mem. in Op. to Mot. to Dismiss, Ex. C ¶ 6(a). The 2005 consent decree requires the city to repair and maintain roofs of the PCB containment units, protect them from damage and from precipitation, and keep the storm water collection and discharge system in working order. Id., Ex. D ¶ 12b. The response costs that Waukegan seeks to recover, with the possible exception of the cost of maintaining the containment units, do not appear to fall within those categories.
The defendants argue that because the consent decrees resolved most or all of Waukegan's liability to the EPA, the city is in the "procedural status" of a party that has resolved its liability. As a result, they argue, any claim for recovery, even for actions beyond the scope of the consent decrees, may be brought only under section 113(f). See Fed. Defs.' Mem. in Supp. of Mot. to Dismiss 4. The federal defendants rely on a district court decision holding that "[p]laintiffs would be entitled to recover under § 113(f)... whatever payments [plaintiffs] made in excess of their proportionate share... not only payments made pursuant to the consent decree filed in the civil action instituted against them..., but also any other payments they made to discharge their common liability under § 107(a) before or after that time." Appleton Papers, Inc. v. George A. Whiting Paper Co., 572 F. Supp. 2d 1034, 1044 (E.D. Wis. 2008).
Defendants correctly note that the 2004 consent decree in particular includes a very broad definition of the OMC site, which this Court concluded in an earlier decision resulted in broad relief for Waukegan from future liability relating to the site. See City of Waukegan, 2009 WL 972608, at *1-2. Unlike in Appleton Papers, however, Waukegan alleges that the response costs for which it seeks recovery are not payments made pursuant to obligations under the consent decrees but rather are expenses that resulted from actions it took on its own beyond what the decrees required. It also contends that it did not take these actions to "discharge [a] common liability," because its liability was discharged by the decrees. Indeed, both consent decrees state that Waukegan is not required to take any response action beyond that listed in the decrees. Id., Ex. C 6(a); Ex. D ¶ 53. Moreover, the 2005 decree anticipates that Waukegan might, on its own, undertake response actions beyond the decree's scope:
Nothing in this Supplemental Consent Decree is intended to limit the right of the United States, the State or the city of Waukegan to undertake further response actions at the Site.... Nothing in this Supplemental Consent decree shall in any way restrict or limit the nature or scope of response actions which may be taken or be required by EPA, the State or the City of Waukegan in exercising their authority under federal or State law. The City of Waukegan acknowledges that it is purchasing Property where response actions may be required. 2005 Consent Decree ¶ 45.
Waukegan's third amended complaint includes specific allegations that the city has undertaken additional, voluntary response costs beyond the terms of its obligations under the consent decrees. These include costs it incurred to lower its potable water supply line to permit dredging of PCB-contaminated sediments and conducting soil investigation of PCB contamination located on the beachfront and soil of Operable Unit 4 of the site. These allegations are sufficient to preclude dismissal of Waukegan's claim under section 107(a).*fn2
2. Sufficiency of the Specific Costs Alleged
In its supplemental memorandum in response to the third amended complaint, WPD argues that the response costs identified by Waukegan do not give rise to a claim upon which relief can be granted. First, WPD argues that Waukegan's claim for "costs for design of a response action in connection with PCB contaminated sediments in the Harbor, pursuant to an agreement with USEPA" is unduly vague. Waukegan contends that these costs are separate from any obligation under the consent decree, and the terms of the consent decrees make no reference to any obligation on the part of the city to design a response action in connection with PCB contamination in the harbor. The Court finds Waukegan's allegation sufficiently specific.
WPD next argues that the city's incurring of the cost of lowering the potable water supply line to allow a response action does not support a section 107 claim because the action was not remedial but was undertaken for other reasons - namely, Waukegan's desire to replace an aging piece of its infrastructure. This amounts to an attack on Waukegan's contention, by suing under section 107(a), that its actions were "necessary" and "consistent with the National Contingency Plan." 42 U.S.C. § 9607(a)(4)(B). See 3rd Am. Compl. ¶ 93(f) (alleging that the action was undertaken "in order to allow a response action, including dredging of PCB contaminated sediments, to be implemented in the Harbor.").*fn3
To prevail, Waukegan must show that the costs it seeks to recover were incurred in response to a threat to human health or the environment and were necessary to address that threat. Response costs that go beyond what is necessary to address the environmental hazard or that are undertaken for other reasons are not recoverable. See, e.g., Regional Airport Authority of Louisville v. LFG, LLC, 460 F.3d 697, 705-06 (6th Cir. 2006). At this stage of the case, however, Waukegan need not prove its claims. Accepting its statements of fact as true, as the Court must at this stage, Waukegan has met the applicable standard via the reasons it has alleged for incurring the cost of lowering the water line.
Finally, WPD argues that Waukegan's claim to recover costs incurred to conduct studies to evaluate the feasibility of actions other than those recommended by the EPA and costs the city may have to pay as a result of the imposition of liens cannot be the basis of a claim under section 107. Were these the only response costs cited by Waukegan, the motion to dismiss would be a closer call. In particular, the lien claim is not an appropriate subject of cost recovery under section 107(a). A windfall or recovery lien would allow the EPA to recover unreimbursed response costs or realize the increase in fair market value attributable to its remediation efforts. 42 U.S.C. § 9607(l)(1) & (r). According to a letter the EPA wrote to the city announcing its intention to impose a lien, the lien would be satisfied by paying the lesser of EPA's unrecovered response costs or the increase in fair market value attributable to EPA's cleanup. 3rd Am. Compl., Ex. GG, at 6. If Waukegan made a payment to the EPA to satisfy a lien of this sort, that payment would constitute a reimbursement to another party for response costs, which would be recoverable only under section 113(f). Atl. Research, 551 U.S. at 139. But because Waukegan has alleged sufficient facts to survive a motion to dismiss with regard to other response costs, the nonviability of the claim relating to liens does not defeat the city's claims.
D. Claim Seeking Declaratory Judgment under section 113(g)(2)
Waukegan also seeks a declaratory judgment, binding in any subsequent action to recover further response costs relating to the facility, that the defendants are jointly and severally liable for such costs. Under CERCLA, a court considering an initial action for recovery of costs under section 107 "shall enter a declaratory judgment on liability for response costs or damages that will be binding on any subsequent action or actions to recover further response costs or damages." 42 U.S.C. § 9613(g)(2).
In response to the Court's instruction that it identify with more particularity the future costs it anticipates incurring, Waukegan offers several examples, including costs it may incur in connection with recently-discovered high levels of PCB contamination on the former OMC Plant 2 site. The OMC Plant 2 site is not a subject of either of the consent decrees entered into by the city. It is thus beyond the parameters of the consent decrees and any limitations on cost recovery that those decrees impose. The same logic that allows the city to proceed with its section 107 claims for voluntarily-incurred past costs beyond the scope of the consent applies to future voluntary costs the city undertakes that are necessary and consistent with the NCP but are outside the scope of the consent decrees. If the Court determines that Waukegan can recover its past costs under section 107(a), these anticipated future costs, and others like them, may well be the appropriate subject of a declaratory judgment. Waukegan has alleged facts sufficient to allow its declaratory judgment claim to proceed.
The Court notes, however, that Operable Unit 1 of the facility is the subject of the pending amended ROD that the EPA is shortly expected to issue (as indicated earlier, the Court has not examined the amended ROD, which was filed on the date this decision was completed, to determine what it actually states). As a result, what constitutes an action "consistent with" the NCP on Operable Unit 1 may well change. The Court will have to wait to see what the amended ROD says before it can determine whether a claim relating to future costs Waukegan may incur on Operable Unit 1 would be out of bounds. The same may be true of other future anticipated response costs that Waukegan may seek in this case. That, however, will not prevent the case from proceeding, at a minimum, with respect to Waukegan's claims for recovery of already-incurred response costs.
For the reasons stated above, the Court denies defendants' motion to dismiss in part [docket nos. 269, 295, 296]. The case is set for a status hearing on December 3, 2009 at 9:30 a.m. to address how the case should proceed. The Court directs the parties to provide, by no later than the close of business on December 2, 2009, proposals in this regard (to be entitled "Status Report"). Parties with common or similar interests are encouraged to file joint reports or to verbally adopt other parties' reports at the status hearing, to avoid burdening all concerned with duplicative proposals.
MATTHEW F. KENNELLY United States District Judge
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Pasta, Pesto, and Potatoes
Total Time
Prep 10 mins
Cook 20 mins
Nice quick supper dish. You can just serve this, or use as a side.
Ingredients Nutrition
- 6 unpeeled red potatoes, small
- 3 cups penne
- 1 lb italian green beans (flat ones, cut 2 inches long)
- 4 tablespoons pesto sauce
- 3 -4 fresh basil leaves
- fresh parmesan cheese
- Boil potatoes, until just tender, but not falling apart.
- Drain, cool, for about 10 minutes, cut in quarters.
- Cook the penne according to directions.
- Cook the green beans until just done.
- (stir fry, steam, whatever you choose) Mix all together, and gently stir in Pesto sauce.
- Garnish with fresh leaves, serve with Parmesan.
Most Helpful
Very easy recipe to follow.I think the next time I make it I will have to add lots of garlic and maybe change the green beans for spinach. But we did have 2 helpings each.


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Eugenie Bouchard isn't the best Tennis player in the world (currently ranked 51, at her best was number 5), but in our opinion she is the most beautiful one. So … More →