text:
$35.00 4 months ago
Nintendo Gamecube w/controller - $35 (Fitchburg)
Come's with power adapter, video cable, and controller.Console has been tested and works.
4 months ago
Madison, WI
$10.00 5 months ago
$10, PIKACHU Gamecube yellow controller for Wii U
Yellow Gamecube style controller for the Wii U. Has design of Pokemon mascot Pikachu. Very good condition.
5 months ago
Orange County, CA
$250.00 10 months ago
WiiU with multiple games and GameCube controller adapter***** - $250 (VIRGINIA Beach)
WiiU :Downloaded games areZelda wind walkerSuper Mario 64Earthbound Physical games:Hyrule WarriorsSuper Smash Bros Wii USuper Mario 3D WorldNintendo land All cords are included along with one controller. Feel free to text or email for more information. I am not looking to trade it for other consoles or games..Thank you
10 months ago
Norfolk, VA
$45.00 11 months ago
Nintendo Gamecube Console w/ Controller Game Works Great - $45 (Pekin)
I am selling a Nintendo Gamecube Console. It comes with power adapter, a/v tv cable, memory card, controller and the game Animal Crossing. Everything was tested and works great. Asking $45. E-mail if interested.
11 months ago
Peoria, IL
$55.00 1 year ago
Gamecube Wavebird Wireless Controller - $55 (San Antonio)
- Control your favorite games from up to 20 feet away -- the RF transmitter send signals to a Receiver that plugs into your GameCube- Up to 16 different Channels can be set -- set up as many as four wireless controllers, for massive multiplayer action- Works on 2 AA Batteries that provide up to 100 hours of Game-play for each controller (not included)- Color - Grey- Comes with (2) Double A Batteri
1 year ago
San Antonio, TX
$25.00 1 year ago
Wireless Gamecube Controller and Mario Party6 - $25
Both in excellent shape and work perfect. Game is complete with booklet. Thanks for looking.
1 year ago
Eastern Shore, MD
Contact Us 1 year ago
Gamecube / Wii Controller - 3rd Party (Ukiah)
Free fully working gamecube contoller.
1 year ago
Mendocino, CA
Contact Us
$25.00 1 year ago
Nintendo Gamecube all cords one controller - $25 (Greenwood)
Nintendo Gamecube all cords one controller
1 year ago
Lafayette, LA


text:
The Thief Type Test
Their result for The Thief Type Test ...
You scored 93% Subtlety, 55% Leadership, and 80% Forethought!
Ideal Targets: The Louvre, Fort Knox.
Ideal Heists: Grand, grand, grand, grand, grand Larceny.
Movies: Foolproof (but let's face it, you could *write* these things)
Please rate this well.
Their Analysis (Vertical line = Average)
They scored 93% on Subtlety, higher than 99% of your peers.
They scored 55% on Leadership, higher than 67% of your peers.
They scored 80% on Forethought, higher than 69% of your peers.
All possible test results
Adrenaline Addict
Obviously not the one to put that much into it, your ideal heist is quick, easy, and involves a lot of asserting the butt of your weapon onto the faces of others. You're living for the adrenaline high... Read more
Well, at least you put some thought into your heists. It's better to work alone, and considering what you're likely to do to your targets if they get in your way, any teammates might wuss out. Their l... Read more
Home Invader
Your kind of theft is more in vogue today. From bank robbers, to hijacking, to hostage taking, you're not that uncommon, which may mean you've managed to stay one step ahead of the blueboys so far. Do... Read more
The 'Creme of the Crop' in terms of robbery, so congratulations. While some prefer to go in without being noticed, kicking ass is a great way of getting in and out before anyone notices they've got a ... Read more
My personal congrats on choosing the path of subtlety, but you've got a long way to go. Just because you don't like working with others, doesn't mean you can make it on your own completely. Trust may ... Read more
Cat Burglar
Brilliant. You're the subtle type, and you know what you're dealing with (more often than not, anyway). Keep it under the radar, and you'll come out of it all one smiling bastard. Make sure to trust y... Read more
Yours is a rare breed these days, as many people prefer to go in with their guns out. But, that doesn't mean it's better than what you're doing. Real Thievery IS subtlety, but unless you know what you... Read more
Excellent. A team-based group of professionals. We don't get your kind much out of heist films, but a Mastermind-type thief can always pull off the most dubious shit in the book. Ocean's Eleven? Don't... Read more
Recent Results
flawfatale26 / f / Bisexual
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subset: commoncrawl


text:
Blade Runner is one of the more gaping holes in the list of films I haven't seen (or at least, don't remember well enough to talk about). Yesterday's viewing of The Martian got me thinking about Ridley Scott's past work so here I am.
I really should have done this sooner.
L.A. 2019, Rick Deckard (Harrison Ford) is a 'Blade Runner' - a policeman whose sole purpose is to hunt and kill replicants; machines almost indistinguishable from humans, yet banned from Earth. Four have been detected on the planet so he is called up to hunt and kill them.
Scott's dystopian LA draws you in and holds you captive for 2 hours. This is a masterfully shot, timeless, beautiful piece of work. Every single frame is a work of art. The visual effects are not only highly effective, but incredibly creative and unique; never has anything like this been made before or since.
The plot is simple, one man chases another. However it's driven almost entirely by its central themes; what is it to be human? Who deserves to live or die? Are we responsible for the things we create? What happens when our creations surpass us? All of these questions go unanswered, yet Scott somehow revels in the ambiguity.
Decker is a blank canvas of a character. The replicants he is chasing are complex, unique individuals. It's no accident that Rutger Hauer plays the most human character in the film. His is the stand-out performance here, if only for the closing monologue.
Still fresh & still relevant, Blade Runner is indeed a modern masterpiece.
One of the worst and most hyped films I've ever seen. I absolutely don't get what this flick wants to tell me.
Besides that, it is neither thrilling nor entertaining, so I can only hope that there is a message and deeper meaning to it that I just don't get... However, I would recommend to stay away from it if you expect a SciFi thriller because I know for sure that Blade Runner is not thrilling at all.
After all these years, i finally take time to see that movie... Boring till the end :-(
I finally decided to watch this after 30 years of hearing what a "triumph of atmospheric invention" and "masterpiece or noir sci-fi" it is.
To be honest, I'm really not impressed. It is so dull. I suspect I will have forgotten this film by late next week. It is what I'd consider to be "hangover fare" — a film you might half-watch from the couch because you have a raging headache and a diminished attention span.
But, to be fair, it's probably my fault that this movie fails to impress. I waited too long. It turns out there are some very real benefits to having watched 'Blade Runner' when it first came out.
It is likely that audiences back in 1982 would have been:
Most importantly, someone watching this film in 1982 might have been less sensitive to Rutger Hauer's excruciating mugging and overacting. This guy gets so much geek cred for his (admittedly gripping) "tears in rain" speech, but the rest of his performance is just over-the-top bonkers. And what the hell is Daryl Hannah trying to do? Angry Cirque du Soleil? Jeepers. I've seen scenery being chewed before, but I've never seen it chewed with a side order of inexplicable howling like a dog (Hauer) and ineffective violence gymnastics (Hannah).
'Blade Runner'. A 'triumph' and 'masterpiece' in 1982. Boring and cringeworthy in 2016.
Like others here, I'm late to the Blade Runner party. Except, I've tried to watch this movie 2-4 times in the past, and couldn't get past the first hour or so. Tonight, I resolved to watch the film in its entirety.
The beginning is pretty good. It's an over-the-top cyberpunk film, and as a gamer, I can see where Deus Ex, and to a lesser extent Fallout got some of their inspiration. Then it becomes a Rutger Hauer thriller. Which isn't a bad thing, it's a staple of 1980s film, but I don't think it lives up to the hype.
It's probably something that was better in its time that hasn't aged well. It might be time to remake this one, to bring a fresher perspective to the story.
It's very rare, but the movie is better than the book in my opinion. Sure it doesn't talk about the religious aspects and doesn't lasts long on the animals' rarity and its social impact. But still, the atmosphere, the image, the characters, are all great and supported by an excellent OST. One of the few Ridley Scott's real masterpieces.


text:
Description of this paper
INF410 FINAL;Final Paper;The final six to eight page paper must demonstrate understanding of new learning in the field of project management. It is mandatory to have research from the classroom text, as well as two sources from the internet or online library to support your views. It is recommended to use examples from your professional experience where possible, or build from your learning in the discussion boards. (Suggestion: use at least one project of which you have been either a team member or a project manager as an example to describe the topics below);The following topics must be reviewed in order for the paper to be complete;Define project management and explain its importance to the business world.;Explain project life-cycle management and the benefits of project management to an organization.;Explain the concepts of planning in the project life-cycle and how research and critical thinking is mandatory in planning.;Explain project organizations and the importance of leadership and sponsorship.;Explain project team building, including techniques of successful team building.;Explain how to create a work breakdown structure and how a project manager breaks down the overall project into packages.;Explain the need for project management software in large integrated programs and the benefits to the overall project management organization.;Writing the Final Paper;The Final Paper;Must be six to eight double-spaced pages in length and formatted according to APA style as outlined in the approved APA style guide.;Must include a cover page that includes;Student?s name;Course name and number;Title of paper;Instructor?s name;Date submitted;Must include an introductory paragraph with a succinct thesis statement.;Must address the topic of the paper with critical thought.;Must conclude with a restatement of the thesis and a conclusion paragraph.;Must use APA style as outlined in the approved APA style guide to document all sources.;Must include, on the final page, a Reference Page that is completed according to APA style as outlined in the approved APA style guide.
Paper#16852 | Written in 18-Jul-2015Price : $67


text:
The Hidden Web, XML and the Semantic Web: Scientific Data Management Perspectives
The World Wide Web no longer consists just of HTML pages. The authors' work sheds light on a number of trends on the Internet that go beyond simple Web pages. The hidden Web provides a wealth of data in semi-structured form, accessible through Web forms and Web services. These services, as well as numerous other applications on the Web, commonly use XML, the eXtensible Markup Language. XML has become the lingua franca of the Internet that allows customized markups to be defined for specific domains. On top of XML, the Semantic Web grows as a common structured data source.
Provided by: Association for Computing Machinery Topic: Software Date Added: Mar 2011 Format: PDF


text:
1200 Reviews
$1000 Protection*
Easily found what I was looking for on their site. Check out was a snap and shipment arrived in a timely manner. I am very happy.
Control box assy gb001
Arkla: 3051K 3051KG 3051KN
Embermatic: 3000U 3000U6 3004U 3004U6 3041U
This part may fit other models. Please contact us if you require additional assistance.
Our warehouse is stocked full of parts for all kinds of appliances.
Questions? Just ask - No call centers!
We are a USA business based in Denver, Colorado and we stand fully behind our products and service


text:
Whiskey Sour
Total Time
Prep 2 mins
Cook 0 mins
Whiskey Sour is an excellent aperitife, or may be good to raise any mood of a company.
Ingredients Nutrition
- 4 tablespoons kentucky Bourbon
- 1⁄2 lemon, juice of
- 1 tablespoon sugar, boiled and cooled with the same amount of water to a gravy
- 1 teaspoon egg white (optional)
- 1 red maraschino cherry, on a stick
- ice
- Mix bourbon, lemon, eggwhite and gravy.
- Shake very vigorously with the ice.
- Make sure you get a lot of froth.
- Pour into a glass.
- Garnish with the berry.
Most Helpful
This is a great whiskey sour recipe! The only substitution I made was to use meringue powder (which I usually use for making icing) instead of the egg whites, and it worked perfectly. It's also a good substitute if you're concerned with using raw eggs. I definitely recommend not skipping the froth. I also made a small batch of simple syrup (gravy) by microwaving 1/4 cup sugar with 1/4 cup water in a custard cup. Any leftover syrup can be refrigerated for later use and is also great for sweetening iced tea. Thanks for posting!


text:
5857 Andreas Way North Charleston Sc 29418 MLS# 1025417
1025417 - Residential
North Charleston, SC
PRICE REDUCED $28,000. DON'T MISS OUT ON THIS WONDERFUL 5 BEDROOM, 2 BATH HOME, w/ATTACHED TWO CAR GARAGE centrally located to Boeing, Air Force Base, Chas Airport, Tanger Outlet Center, and 526 (all within 5-10 minutes away). Large kitchen has been totally remodeled and features stainless appliances (including refrigerator), hardwood floors and beautiful stained wooden ceilings. Nice sized sun room off kitchen area, can be used as formal dining room. Large master suite on second floor has sliding glass doors leading to a wooden deck that overlooks the Huge fenced back yard. The large yard is perfect for small children, pets, or just park your boat. There is also a Finished Room over the garage that currently has a pool table that may convey with acceptable offer. Owner will also consider including all the lawn equipment. This home is also well insulated with vinyl siding placed directly over cedar siding for additional heating and air cost savings.
Please contact us if you have any questions or comments.


text:
Miami bus tour
Vanderlyn P, Maio 2016
Girls Weekend in Miami!
Little Havana Cigar Factory
Revolino B, Maio 2016
Thumbs Up!
Katrina W, Novembro 2015
Here we are following the tour. It was a great experience.
Cousins Wknd In Miami
Katrina W, Novembro 2015
Here I am with a group of cousins from different states on the top level of the tour bus just before the start of the tour. It was great!
Versace Home
Andrea L, Outubro 2015
The estate spanned several blocks!


text:
USDA often releases what it regards as non-controversial but self-congratulatory reports when administrations turn over, especially when that occurs just ahead of farm bill debates. So, USDA's new retrospective on U.S. farm structure might be accused... Read More
China grain production is estimated to have fallen for the first time in 13 years, though it remains well above 2014 levels, according to data released Thursday by China's National Bureau of Statistics. The data showed total grain production for 2... Read More
GOTHENBURG - If you are one of the growing number of Tesla car owners you can now drive across the state of Nebraska without worrying about finding a charging station. Gothenburg became the first town in Nebraska to have a super charging station o... Read More
WASHINGTON, December 8, 2016—Agriculture Secretary Tom Vilsack today released the following statement on the House Committee on Agriculture's new report on the Supplemental Nutrition Assistance Program (SNAP), which contains the Committee's finding... Read More
While agriculture has become a hot sector for job growth (USDA Employment Opportunities Report, 2015), a just-released survey shows only 13 percent of high school and college students are interested in pursuing a career in the agriculture industry �... Read More
GOTHENBURG - The Gothenburg YMCA project got a boost today with a $500,000 donation from the Williams and Gill families. "Gothenburg is a special place," said Matt Williams. "We talk about doing things the 'Gothenburg Way,' which means, never skim... Read More
Navigating profitability through challenging times. That's the thought on every soybean farmer's mind and it resonates strongly with those appointed to serve on the United Soybean Board (USB). Charged with the fiduciary responsibility to invest f... Read More
SEWARD, Neb. - The Seward Volunteer Fire Department was dispatched around 1:00 a.m. this morning to a fire in downtown Seward. According to Seward Volunteer Fire Chief, James Kimsey, the fire started in an apartment above Seward's Attic near the down... Read More
YORK, Neb. (AP) _ A 38-year-old woman has been convicted of having sex with a teenager at a York facility for troubled children. Online court records say Jamie Bishop, of Seward, pleaded no contest Tuesday to felony sexual assault of a minor. Her ... Read More
U.S. and Chinese trade officials were unable to resolve their disagreements over the Obama administration's allegations that Beijing provided more than $100 billion in "illegal" government subsidies for producing rice, wheat and corn. The U.S. now p... Read More


text:
Luxury Fashion
Crystal pendant earring
Out of stock
Unfortunately this item is out of stock
Black tear drop pendant earring from Luxury Fashion featuring a crystal studded front, and a crystal studded stud fastening.
Made in Italy
Designer Style ID: aj1769
Farfetch ID: 10214877
- Composition:
- Swarovski Crystal
One shipping fee, on multiple pieces, from multiple locations.
No matter how many items you purchase, or where in the world you order from, you will only pay one fee.
Click here to find out more about our shipping options, including Click & Collect and Same Day Delivery.
Free returns pick-up
We offer free global returns.
You have 14 days from receiving your order to return the item. We strongly recommend that you book your free returns pick-up within 7 days of receiving your order to ensure that it arrives back in time. Click here to read our full returns policy.
Import duties information
Delivery duties are included in the item price when shipping to all EU countries plus USA, Canada, China, Australia, Puerto Rico, Switzerland, Singapore, Republic Of Korea, Kuwait, Mexico, Qatar, India, Norway, Saudi Arabia, Taiwan, Thailand, U.A.E., Japan. This means all import duties are included in your order. The price you see is the price you pay.
Delivery duties are not included in the item price when shipping to all other countries. This means you may be liable to pay import duties on receipt of your order.


text:
Batchroller Ropesizer - Chinaprice: contact company for price
This batchroller and ropsizer, which consists of, batch
rolling system, rope sizing system, central controlling
system, machine frame, etc. is the main combined equipment
in processing candy mass applied in hard candy, cream candy,
soft candy and lollipop candy, etc.
Main Principle
Cooked candy mass to be processed by the batchroller with
first rolling and rolled in required candy ropes with second
Main Parameter Number of the roller
Roller driving motor power
Lifting motor power
Galvanothermy power
Strip pulling wheel dimension
38 / 31 / 26 / 21
Strip pulling motor power
Overall weight
Overall dimension
PS: All Specifications can be Customized
Main Feature
1. Characterized with reasonable structure, superior working
performance, pleasant outlook
2. Easy operation and maintenance, more production
3. Parts contacting with Food made by Food Grade 304 SS
catering HACCP & CE International Standard
4. Imported electric appliances, such as Omron, Siemens,
Schneider, etc. ensuring stable working performance without
Company Contact:
- Posted By: Wuxi Kingunion S&T Co., Ltd.
- Phone: 0086051085170919
- Address: 5F, 530 Pioneer Park, Jinxi Avenue 100#, Binhu Dis, Wuxi , China
- Email:
- Website: http://www.kinguniongroup.com/
Published date: March 18, 2015 -
- Business Description: Kingunion group is highly successful in business, which has been growing
from our commitment to the core virtues of honesty, reliability,
dedication, teamwork, innovation, and customer satisfaction.
Investments in target industries and emerging technologies, reutilization of components and frameworks, teamwork by our technology and industry experts in our Solutions Delivery Centers around China, enable us to offer high quality, reliable solutions to our customers in atimely and cost effective manner.
Enhance your competitive edge by partnering with Kingunion group. We d like to help you today.
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text:
Gift Premium Subscription To Trez
Join Date:01-05-2011
Last Activity:12-08-2016 8:59 PM
Likes Given: 1400
1221 Likes on 778 Posts
Posted in thread: post a photo of your dream gun on 12-09-2016 at 01:50 AM
Im gonna try to save up for one of these next... I just cant decide what I want more.... a
scope or a "International Harvester" stamp..
Posted in thread: How do you store your ammo? on 11-30-2016 at 01:32 AM
Store ammo?? :confused:I shoot mine up quicker than I can make it.... :p
Posted in thread: FAQ Threads..... on 11-26-2016 at 01:22 AM
So wait.... CAN I use 5.56 in my Mini????Not if its a Mini 30.... :p
Posted in thread: Thanksgiving on 11-15-2016 at 01:30 AM
Last year I shot a Turkey for Thanksgiving... Scared the s*** outta everybody at the grocery
store... I think Im just gonna have a Ham this year... :p
Posted in thread: Jeep Wranglers May Be Headed for Retirement After Next Year on 11-08-2016 at 01:57 AM
Guy buys Prototype jeep parts from salvage yard...
Posted in thread: What do you want to see in a gun review video? on 11-06-2016 at 05:48 PM
I used to make my living as a bass player, and the bass that made me the most money is my
fender "Marcus Miller signature" jazz bass, it is definitely my favorite. For guitar, I have an
American strat...
Posted in thread: Random Thoughts Thread on 11-04-2016 at 06:07 AM
Back in the day Trez we had a name for International Trucks. Everyone called them
"Binders".:DWe call them 13 letter sh*t spreaders.IHs are farm trucks... Its what they were
meant to do.. :p
Posted in thread: Random Thoughts Thread on 11-04-2016 at 03:13 AM
I just bought this... A 73 International 1210 4x4 for 700 bucks.. I totally have a problem....
:p :Dhttps://images.craigslist.org/00R0R_fgYGN1mTRST_600x450.jpg
Posted in thread: Winchester Model 1895 7.62mm Russian Contract Rifle on 10-29-2016 at 05:56 PM
One of these will be my next "Mosin" :p I think its pretty neat ... a clip fed lever gun...I
had a 1895 In .30 US, but sold it..
Posted in thread: Post a photo you have taken, any photo (Part 2) on 10-13-2016 at 02:30 AM
Yours? :)


text:
Google Inc. (NASDAQ:GOOG) is set to report FQ4 2013 earnings after the market closes on Thursday, January 30th. According to a December report by Amazon (NASDAQ:AMZN) owned web traffic data company Alexa, Google is the most visited website on the internet. Google offers a variety of services and products in addition to its flagship search engine which include popular email service Gmail and video hosting website Youtube. Most of the company's profits are derived from online advertisements through Google Adwords.
Google is coming off a blowout quarter in October, when it announced much better than expected EPS and revenue. This quarter analysts are predicting lofty growth in both profit and sales. However, Google has a history of not always living up to the profit expectations from Wall Street. Google is an innovator and is not afraid to invest large amounts of cash on new technologies. Some recent examples include its driverless car and the wearable Google Glass technology. A high degree of spending on future projects could keep Google short of the profit expectations and the ridiculously high projected revenue figures may be too much for Google to keep up with. Here is what the buy side is expecting from Google this quarter.
The information below is derived from data submitted to the Estimize.com platform by a set of Buy Side and Independent analyst contributors.
(Click Here to see All Estimates for Google)
The current Wall Street consensus expectation is for Google to report $12.39 EPS and $13.419B revenue while the current Estimize.com consensus from 77 Buy Side and Independent contributing analysts is $12.36 EPS and $13.403B revenue. This quarter the buy-side as represented by the Estimize.com community is expecting Google to miss the Street on both profit and revenue.
The magnitude of the difference between the Wall Street and Estimize consensus numbers often identifies opportunities to take advantage of expectations that may not have been priced into the market. In this case we are seeing a small differential between the 2 groups' forecasts.
By tapping into a wider range of contributors including hedge-fund analysts, asset managers, independent research shops, students, and non professional investors, Estimize has created a data set that is up to 69.5% more accurate than Wall Street, but more importantly it does a better job of representing the market's actual expectations. It has been confirmed by an independent academic study from Rice University that stock prices tend to react with a more strongly associated degree to the expectation benchmark from Estimize than from the Wall Street consensus.
The distribution of estimates published by analysts on the Estimize.com platform range from $11.89 to $13.92 EPS and $12.940B to $13.920B in revenues. This quarter we're seeing a smaller distribution of estimates compared to previous quarters.
The size of the distribution of estimates relative to previous quarters often signals whether or not the market is confident that it has priced in the expected earnings already. A smaller distribution of estimates signaling more agreement in the market, which could mean less volatility post earnings.
Throughout the quarter Wall Street raised its EPS consensus from $11.81 to $12.39 and the Estimize consensus increased from $12.24 to $12.36. On revenue, Wall Street raised its forecast from $13.110B to $13.419B while Estimize expectations increased from $13.260B to $13.403B. Timeliness is correlated with accuracy and rising analyst revisions at the end of the quarter are often a bullish indicator.
The analyst with the highest estimate confidence rating this quarter is WallStreetBean who projects $12.40 EPS and $13.300B in revenue. In the Winter 2014 season, WallStreetBean rated as the 16th best analyst and is ranked 9th overall among over 3,650 contributing analysts. Estimate confidence ratings are calculated through algorithms developed by deep quantitative research which looks at correlations between analyst track records and tendencies as they relate to future accuracy. In this case WallStreetBean is expecting Google to meet the Street's expectations for profit but come up short on revenue.
This quarter analysts on the Estimize.com platform are expecting GOOG to miss Wall Street expectations on both the top and bottom line. Analysts are predicting that sales and profit will both be up but are doubting Google's ability to meet the high bar that Wall Street has set.
Disclosure: No positions


text:
The subject of Clifford (geometric) algebras offers a unified algebraic framework for the direct expression of the geometric concepts in algebra, geometry, and physics. This bird's-eye view of the discipline is presented by six of the world's leading experts in the field; it features an introductory chapter on Clifford algebras, followed by extensive explorations of their applications to physics, computer science, and differential geometry. The book is ideal for graduate students in mathematics, physics, and computer science; it is appropriate both for newcomers who have little prior knowledge of the field and professionals who wish to keep abreast of the latest applications.Indeed much research has been directed to the problem of branch predictiona#39; to improve the performance of these microprocessors. ... For instance, the Sony PlayStation 2 can perform a vector cross product faster than a scalar product.
|Lectures on Clifford (Geometric) Algebras and Applications
|Rafal Ablamowicz, Garret Sobczyk
|Springer Science & Business Media - 2011-06-28


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United States District Court, S.D. Illinois
March 14, 2014
KELLY SONNENBERG, Plaintiff,v.OLDFORD GROUP, LTD., and RATIONAL ENTERTAINMENT ENTERPRISES, LTD., Defendants.
MEMORANDUM and ORDER
DAVID R. HERNDON, Chief District Judge.
Introduction and Background
Pending before the Court is defendant Rational Entertainment Enterprises, Ltd.'s motion to dismiss first amended complaint (Doc. 9). Rational Entertainment Enterprises, Ltd., moves pursuant to Federal Rules of Civil Procedure 12(b)(2) and Rule 12(b)(6), or in the alternative for summary judgment pursuant to Federal Rule of Civil Procedure 56. Obviously, plaintiff opposes the motion (Doc. 20). Based on the following, the Court GRANTS in part the motion.
On January 25, 2013, Kelly Sonnenberg, individually and on behalf of all others similarly situated, filed a First Amended Complaint against Isai Scheinberg, Paul Tate, Nelson Burtnick, Oldford Group, Ltd., Pyr Software, Ltd., Stelekram, Ltd., Rational Entertainment Enterprises, Ltd. ("REEL"), and Sphene International, Ltd for violations of the Illinois Anti-Gambling statutes (Doc. 4-1).[1] Sonnenberg alleges that defendants knowingly and intentionally accepted gambling losses through an illegal gambling enterprise known as "PokerStars" in violation of 720 ILCS 5/28-8.[2] Sonnenberg's First Amended complaint contains eight counts for violations of the 720 ILCS 5/28-1 and 720 ILCS 5/28-8 against each of the named defendants. This action purports to be a class action for "hundreds of thousands - possibly millions - of Illinois poker players who lost money to PokerStars and whose close relatives are entitled to tripled recovery of said losses in accordance with 720 ILCS 5/28-8." (Doc. 4-1, p. 4). 720 ILCS 5/28-8(a) provides:
Any person who by gambling shall lose to any other person, any sum of money or thing of value, amounting to the sum of $50 or more and shall pay or deliver the same or any part thereof, may sue for and recover the money or other thing of value, so lost and paid or delivered, in a civil action against the winner thereof, with costs, in the circuit court. No person who accepts from another person for transmission, and transmits, either his own name or the name of such other person, any order for any transaction to be made upon, or who executes any order given to him by another person, or who executes any transaction for his own account on, any regular board of trade or commercial, commodity exchange, shall, under any circumstances, be deemed a "winner" of any moneys lost by such another person in or through any such transactions.
Further, 720 ILCS 5/28-8(b) provides:
If within 6 months, such person who under the terms of subsection 28-8(a) is entitled to initiate an action to recover his losses does not in fact pursue his remedy, any person may initiate a civil action against the winner. The Court or jury, as the case may be, shall determine the amount of the loss. After such determination, the court shall enter a judgment of triple the amount so determined.
On April 9, 2013, REEL removed the case to this Court based on the Class Action Fairness Act of 2005 ("CAFA"), 28 U.S.C. 1332(d) (Doc. 4).[3] Thereafter, REEL filed a motion to dismiss arguing that: (1) the forfeiture of PokerStars Group of companies' profits by the United States and plaintiff's decision not to challenge the forfeiture precludes plaintiff's claim; (2) that the Court lacks personal jurisdiction over REEL; and (3) that plaintiff's first amended complaint fails to state a claim for relief under the LRA.[4] Plaintiff filed her response opposing the motion (Doc. 20) and REEL filed a reply (Doc. 24). On November 19, 2013, REEL filed its supplement to the motion to dismiss (Doc. 45). As the motion is ripe for ruling the Court turns to address the merits of the motion. The Court will address the question of personal jurisdiction first.
When personal jurisdiction is challenged under Federal Rule of Civil Procedure 12(b)(2), the plaintiff bears the burden of establishing personal jurisdiction over a defendant. Purdue Research Found. v. Sanofi-Syntholabo, S.A., 338 F.3d 773, 782 (7th Cir. 2003) (citing Central States, S.E. & S.W. Areas Pension Fund v. Reimer Express World Corp., 230 F.3d 934, 939 (7th Cir. 2000)). If the issue of personal jurisdiction is raised by a motion to dismiss and decided on the written materials rather than an evidentiary hearing, the plaintiff need only make a prima facie showing of jurisdictional facts. Id. Thus, the Court must "take as true all well-pleaded facts alleged in the complaint and resolve any factual disputes in favor of plaintiff." Tamburo v. Dworkin, 601 F.3d 693, 700 (7th Cir. 2010)(citing Purdue Research Found., 338 F.3d at 782).
Under Illinois law, the long-arm statute permits personal jurisdiction over a party to the extent allowed under the due process provisions of the Illinois and United States constitutions. 735 ILCS 5/2-209(c); Hyatt Int'l Corp. v. Coco, 302 F.3d 707, 714 (7th Cir. 2002); Central States, S.E. & S.W. Areas Pension Fund v. Reimer Express World Corp., 230 F.3d 934, 940 (7th Cir. 2000). Therefore, whether the Court has jurisdiction over a defendant depends on whether such jurisdiction is permitted by federal and state constitutional standards.
The Illinois Constitution's due process guarantee, Ill. Const. art. I, § 2, permits the assertion of personal jurisdiction "when it is fair, just, and reasonable to require a nonresident defendant to defend an action in Illinois, considering the quality and nature of the defendant's acts which occur in Illinois or which affect interests located in Illinois." Rollins v. Ellwood, 141 Ill.2d 244, 152 Ill.Dec. 384, 565 N.E.2d 1302, 1316 (Ill.1990). When interpreting these principles, a court may look to the construction and application of the federal due process clause. Id. In fact, the Seventh Circuit Court of Appeals has suggested that there is no operative difference between Illinois and federal due process limits on the exercise of personal jurisdiction. Hyatt Int'l Corp. v. Coco, 302 F.3d 707, 715 (7th Cir. 2002) (citing RAR, Inc. v. Turner Diesel Ltd., 107 F.3d 1272, 1276 (7th Cir. 1997)). The Court sees nothing in this case indicating that in this particular situation the federal and state standards should reach a different result. Therefore, if the contacts between the defendant and Illinois are sufficient to satisfy the requirements of federal due process, then the requirements of both the Illinois long-arm statute and the Illinois Constitution have also been met, and no other inquiry is necessary.
The Due Process Clause of the Fourteenth Amendment limits when a state may assert personal jurisdiction over nonresident individuals and corporations. See Pennoyer v. Neff, 95 U.S. 714, 733, 24 L.Ed. 565 (1877), overruled on other grounds by Shaffer v. Heitner, 433 U.S. 186, 97 S.Ct. 2569, 53 L.Ed.2d 683 (1977). Under federal due process standards, a court can have personal jurisdiction over a defendant only if the defendant has "certain minimum contacts with [the forum state] such that the maintenance of the suit does not offend traditional notions of fair play and substantial justice.'" International Shoe Co. v. Washington, 326 U.S. 310, 316, 66 S.Ct. 154, 90 L.Ed. 95 (1945) (quoting Milliken v. Meyer, 311 U.S. 457, 463, 61 S.Ct. 339, 85 L.Ed. 278 (1940)). The defendant must have purposefully established such minimum contacts with the forum state such that it "should reasonably anticipate being haled into court there, " World-Wide Volkswagen Corp. v. Woodson, 444 U.S. 286, 297 (1980), because it has "purposefully avail[ed] itself of the privilege of conducting activities within the forum State, thus invoking the benefits and protections of its laws, " Hanson v. Denckla, 357 U.S. 235, 253, 78 S.Ct. 1228, 2 L.Ed.2d 1283 (1958); Burger King Corp. v. Rudzewicz, 474-75 (1985); see J. McIntyre Mach., Ltd. v. Nicastro, ___ U.S. ___, ___, 131 S.Ct. 2780, 2788, 180 L.Ed.2d 765 (2011) (Kennedy, J., plurality opinion). In deciding whether exercising jurisdiction offends traditional notions of fair play and substantial justice, the Court may also consider "the burden on the defendant, the interests of the forum State, and the plaintiff's interest in obtaining relief." Asahi Metal Indus. Co. v. Superior Court of Cal., 480 U.S. 102, 113, 107 S.Ct. 1026, 94 L.Ed.2d 92 (1987).
What this standard means in a particular case depends on whether the plaintiff asserts "general" or "specific" jurisdiction. Specific jurisdiction refers to jurisdiction over a defendant in a suit arising out of or related to the defendant's contacts with the forum. Hyatt Int'l Corp. v. Coco, 302 F.3d 707, 716 (7th Cir. 2002)(citing Helicopteros Nacionales de Colombia, S.A. v. Hall, 466 U.S. 408, 414 nn. 8, 9 (1984)). General jurisdiction, on the other hand, may exist even in suits that do not rise out of or relate to the defendant's contacts so long as the defendant has "continuous and systematic" contacts with the forum state. Hyatt, 302 F.3d at 713; Helicopteros Nacionales, 466 U.S. at 416.
Here, the Court finds that Sonnenberg has made a prima facie case showing that the Court has personal jurisdiction over REEL. Sonnenberg alleges: "PokerStars's primary face to Illinois residents has been the PokerStars internet gambling venture, which includes online card rooms accessed through the PokerStars software, which is downloaded from PokerStars's real money' gambling website, pokerstars.com.' The PokerStars internet gambling venture is a product that was launched, directed and managed, in part, by members of the Enterprise working in concert." (Doc. 4-1, ¶ 19). Further, Sonnenberg alleges, inter alia, that PokerStars accepted gambling losses from Illinois residents; bought advertisements on television programs that are readily accessible to residents of Illinois; obtained contact and personal information, including bank account information, from Illinois residents through the internet. Sonnenberg also alleges that REEL, through the PokerStars group, has participated in and/or directed PokerStars and its illegal acts. Moreover, Sonnenberg alleges that REEL was one of "a numbers of companies and individuals working within the PokerStars outfit - all agents, representatives, directors, owners, officers and/or principles of the PokerStars outfit - that were joined together for the purpose of obtaining and processing players' funds. The entities in the Enterprise shared the common purposes maintaining PokerStar's position in the market by enabling and participating in transactions with Illinois residents." (Doc. 4-1; ¶ 22). Based on the allegations, the Court finds that there is general and specific jurisdiction over REEL because of its pervasive and purposeful contacts with the State of Illinois and because Sonnenberg's claims arise of out of REEL's conduct in Illinois via the internet gambling site. Thus, the Court concludes at this stage of the litigation that Sonnenberg has sustained her burden of establishing that the Court has personal jurisdiction over REEl. Further, the Court finds that exercising personal jurisdiction over REEL does not offend due process. The Court now turns to address the merits of the Rule 12(b)(6) portion of the motion.
Federal Rule of Civil Procedure 8(a)(2) imposes "two easy-to-clear hurdles" that a complaint must satisfy in order to survive a motion to dismiss pursuant to Federal Rule of Procedure 12(b)(6). Tamayo v. Blagojevich, 526 F.3d 1074, 1084 (7th Cir. 2008)(quoting EEOC v. Concentra Health Svcs., Inc., 496 F.3d 773, 776 (7th Cir. 2007)). First, a complaint must describe the plaintiff's claims and the grounds supporting them in "sufficient detail to give the defendants fair notice" of the claims alleged against them. This requires more than mere "labels and conclusions" or a "formulaic recitation of the elements of a cause of action." E.E.O.C. v. Concentra Health Services, Inc., 496 F.3d 773, 776 (7th Cir. 2007).
Second, to survive a motion to dismiss, the court determines whether the well-pleaded allegations, if true, "plausibly suggest a right to relief, raising that possibility above a speculative level." See Iqbal 556 U.S. at 679; Concentra, 496 F.3d at 776. A claim has facial plausibility when the pleaded factual content allows the Court to draw a reasonable inference that the defendant is liable for the misconduct alleged. See Iqbal, 556 U.S. at 678. "The plausibility standard... asks for more than a sheer possibility that a defendant acted unlawfully. Where a complaint pleads facts that are merely consistent with a defendant's liability, it stops short of the line between possibility and plausibility of entitlement to relief." Iqbal, 556 U.S. at 678 (internal quotation marks omitted). "Plausibility' in this context does not imply that the district court should decide whose version to believe, or which version is more likely than not." Swanson v. Citibank, N.A., 614 F.3d 400, 404 (7th Cir. 2010). Rather, Twombly and Iqbal require "the plaintiff to provide some specific facts' to support the legal claims asserted in the complaint." McCauley v. City of Chicago, 671 F.3d 611, 616 (7th Cir. 2011) (quoting Brooks v. Ross, 578 F.3d 574, 581 (7th Cir. 2009)). Though the "degree of specificity required is not easily quantified, ... the plaintiff must give enough details about the subject-matter of the case to present a story that holds together.'" Id. (quoting Swanson, 614 F.3d at 404). If a complaint does not satisfy these two criteria, "the plaintiff pleads itself out of court." Concentra, 496 F.3d at 776. Accordingly, a motion to dismiss may be properly granted where the plaintiff does not allege a plausible entitlement to relief either by (1) failing to provide the defendant with notice of plausible claims against it or (2) asserting only speculative or conclusory allegations in the complaint.
The "Loss Recovery Act should not be interpreted to yield an unjust or absurd result contrary to its purpose." Vinson v. Casino Queen, Inc., 123 F.3d 655, 657 (7th Cir. 1997). Illinois statutes like the Loss Recovery Act (LRA") are "penal in their nature, " Robson v. Doyle, 61 N.E. 435, 437 (Ill. 1901), "must be strictly construed." See Phillips v. Prudential Ins. Co. of Am., 714 F.3d 1017, 1023 (7th Cir. 2013); see also Reuter v. MasterCard Int'l, Inc., 921 N.E.2d 1205, 1211 (Ill.App. 2010)(noting that an Illinois Circuit Court "explained that the [Loss Recovery Act] is penal in nature and must therefore be strictly construed.").
REEL argues that REEL is not a winner under the LRA; that plaintiff fails to identify a loser or a loss; and that plaintiff fails to allege that the "winner" or "loser" were present in Illinois at the time of the alleged loss.
First, the Court addresses the "winner" argument. Sonnenberg counters that REEL, through PokerStars, is a "winner" because when a player loses a bet while playing on PokerStars a percentage of that losing bet is transferred to PokerStars as "rake."[5] Based on the allegations contained in the first amended complaint, the Court finds that plaintiff has not alleged it is a winner under the LRA. The first amended complaint alleges that REEL is a "poker software developer and licensor for PokerStars" and the "parent company for PokerStars." (Doc. 4-1, ¶ 9).[6] A review of the pleadings indicates that the REEL (through the PokerStars group) was the operator of an online card room. Based on the allegations, the PokerStars Group is more akin to a third party service provider that provides a forum for others to play the game and does not have a stake in how the game is decided. In fact, the First Amended Complaint does not state that the PokerStars defendants made any bets or wagers and does not state that PokerStars won any bets or wagers that would qualify under the statute as "winners." Sonnenberg does not allege that PokerStars participates in the games itself. Absent such allegations, REEL cannot be a considered a "winner." According to the allegations contained in the amended complaint, the PokerStars Group acted as a conduit for transmission of the prize money to the winner and it did not risk any of its money in producing the prize money to the winner. As recently stated by District Judge Thomas M. Durkin of the Northern District of Illinois:
"Illinois Courts have held that the winner and not the keeper of the house is liable to the loser, ' unless the keeper of the house also risks money in the gambling activity. Holmes v. Brickey, 82 N.E.2d 200, 202 (Ill.App.. 1948)(citing Ranney v. Flinn, 60 Ill.App. 104 (3d. Dist. 1894). Thus, in Ranney, the Appellate Court emphasized that the owner of a saloon who provided a room for poker games was only a winner when he actually played in the games. 60 Ill.App. at 105. Further, in Zellers v. White, 70 N.E. 669, 671 (Ill. 1904), the owner of a gambling house was a winner not because he provided rooms for poker games, but because he also paid employees to participate in the poker games on behalf of the house. See also Moushon v. AAA Amusement, Inc., 641 N.E.2d 1201 (Ill.App.Ct. 4th Dist. 1994)(restaurant owner who provided access to video poker games and slot machines was a "winner" because the owner gained the money people lost playing the games)."
Langone v. Kaiserand FanDuel, Inc., 12-cv-02071 (N.D. Ill. Oct. 9, 2013). The Court finds this reasoning valid and instructive. Based on the allegations contained in the first amended complaint, plaintiff has not pled that REEL is a "winner." Thus, the Court finds that dismissal without prejudice is warranted.
Further, the Court agrees with REEL that plaintiff has not alleged in sufficient detail a "loser" or a "loss." While Sonnenberg's affidavit in response to the motion to dismiss states that she is seeking recovery based on her son's losses; the first amended complaint is devoid of allegations stating the "who" "what" and "when" of the losses she seeks to recover. However, the Court finds that Sonnenberg has sufficiently alleged that the losses occurred in Illinois through the illegal gambling internet site.
Lastly, the Court finds that the parties have not adequately developed/addressed REEL's argument that the forfeiture of the PokerStars group of companies' profits by the United States precludes this cause of action. Therefore, the Court is not in a position to rule on that issue at this time.
Accordingly, the Court GRANTS in part REEL's motion to dismiss (Doc. 9). The Court DISMISSES without prejudice Count V of the First Amended Complaint against REEL. Further, the Court DENIES as moot the motions for oral argument (Docs. 11 & 33). The Court ALLOWS Sonnenberg up to and including April 12, 2014 to file an amended complaint that comports with this Memorandum and Order, the Federal Rules of Civil Procedure and the Local Rules.
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How many times you tweet the name of an issue or candidate might determine who or what wins an election. But political activism is being duped into a false sense of … political activism. We've confused democracy with advocacy, and justifiable frustration with method and process. It's civic illiteracy. We expect tangible social or political change, but most Americans can't name all three branches of government and don't know who John Roberts is.
We can get elated all we want about people voting when they could watch it all unfold from home. But do they even know the full story beyond scripted 140-character billboards that fit into a smartphone? According to an analysis by Social Media Today, you'll see fewer likes on your Facebook page if you post messages that are longer than 140 characters; and Pew found that nearly 30 percent of the hottest YouTube videos were a minute or less.
And yet social media is essential. It holds enormous value and almost limitless community value, especially when it's used for the common good. I use it, you use it; many in the space understand the need for it. But political social networking sites and stratagems should not be viewed as the panacea to democracy's ills; that's the tail leading the horse. It is one necessary screw in the larger political-action toolbox.
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Charles D. Ellison is a veteran political strategist, Washington correspondent for the Philadelphia Tribune and chief political correspondent for Uptown magazine. Sure, he tweets, too.


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In some forms of energy medicine, there is a person who gathers energy from the universe and lets it flow to the sick person. A channel is the person who gathers the universal energy to transfer to the person who is down with sickness. With the interaction between the channel and the patient, energy is transferred and is beneficial to both of them. Depending on the culture and civilization, forms and structures of energy medicine differ. Most Asian countries still count energy medicine as their main way of curing diseases even if there are already modern medicines available for use. American Indians also practice energy medicine through spirit guides. They believe that spirits can cure ailments through its energy. This is one kind of spirituality that you can see in many countries in the world. This energy medicine has become popular because they are the types that do not enter the body like drugs and substances do. This makes it an all-natural treatment. There are many people now who are trying this kind of healing practice.


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After the initial assessment, the list of pre‐qualified bidders will be put up on the DoT website. At the same time, each pre‐qualified bidder will be issued a notice.
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Moody's to settle Calpers lawsuit for $130m
Moody's Investors Service has agreed to pay $130m to The California Public Employees' Retirement System to settle a 2009 lawsuit in which the pension fund accused the rating agency and two of its peers of making "negligent misrepresentations" while grading certain securities.
The $290bn pensions giant, which relied on credit ratings published by the trio to purchase bonds, had alleged that Moody's and its peers had misled the fund by awarding rosy grades to residential mortgage bonds that later soured.


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Alain Coetmeur's comment, August 31, 2013 5:56 AM
Yes, there is more and more hint that physics is ruled by information theory. 2d TD law is information law. Note that 1st TD law, is implied by 2nd TD law (give me a machine violating TD2, I build a TD1 violating machine). TD2 is heisenberg inequality. Quantum physics is based on the fact that the only reality is what you measure, ie information. Bose-einsteain inequality cliam that if something is same it is counted as one. Relativity claim that information flows below lightspeed, and that any observer is equivalent to another... finally you have informations... where does the lightspeed limit came ? is it an axiom or a consequence of symmetries... funny.
RUBEN RODRIGUEZ AMADOR's curator insight, October 17, 2013 9:58 AM
¿Qué Teoría del Espacio-Tiempo es convalida por la Física actual?


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Researcher Abigail Thernstrom told members of the Connecticut State Board of Education that cultural attitudes towards education may explain the academic achievement gaps between racial and ethnic groups. She advocated greater school choice through charter schools, which she says "focus relentlessly on basic academic subjects."
Full Story:The Hartford Courant (Conn.)


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Representative of the IFC, Mr Ubong Awah, identified the new infrastructure as Collateral Registry (CR) and Credit Reporting System (CRS).
Awah explained that the infrastructure […]


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text: Horror Movies Action entitled "Pride and Prejudice and Zombies" The film is adapted from the classic novel Jane Austen essay entitled "Pride and Prejudice" (1813). The story will be altered from its original version, with some additional storylines. This film tells about the struggle of Elizabeth Benneth (Lily James) to find love in the midst of deadly viral outbreak that swept the region. The virus can turn a man into a zombie killer. When you're trying to exterminate zombies, Elizabeth was disturbed by the arrival of a man named Mr. Darcy (Sam Riley) is arrogant.


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December - Be Informed workshops at Downtown Campus
2017 Spring Academic Schedule
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December 1&8 - President's Book Club
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December 10 - It's A Wonderful Life
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National Leadership Perspective Added to WCCCD Strategic Planning Initiatives with 50th Anniversary Blue Ribbon Leadership Task Force
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August 16, 2006
KEVIN BOWMAN, PLAINTIFF,v.COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF CORRECTIONS, DIRECTOR JEFFREY A. BEARD, PH.D., EDWARD J. KLEM, SUPERINTENDENT, RAYMOND J. SOBINA, SUPERINTENDENT, CAPTAIN VINCENT F. MOONEY, OFFICER J.J. KANE, DEFENDANTS.
On February 18, 2004, plaintiff Kevin Bowman, a prisoner confined at SCIFrackville, Frackville, Pennsylvania, filed suit under 42 U.S.C. § 1983 and the Religious Land Use and Institutionalized Persons Act, ("RLUIPA"), 42 U.S.C. § 2000cc-2(a), in the United States District Court for the Eastern District of Pennsylvania. On September 23, 2004, the district court transferred the matter to the Middle District of Pennsylvania. At that time the court denied defendants' motion to dismiss based on venue, but stayed for our determination the substantive grounds of defendants' motion to dismiss. The matter proceeded in an orderly pre-trial course before United States Magistrate Judge Malachy E. Mannion.
By order dated September 14, 2005, we granted defendants' motion to dismiss the original complaint in part and allowed plaintiff to file an amended complaint.
On October 24, 2005, plaintiff filed an amended complaint. In the amended complaint plaintiff stated three separate counts: (1) a section 1983 claim asserting a violation of his rights protected by the First Amendment's Free Exercise Clause;
(2) a claim asserting a violation of RLUIPA pursuant to 42 U.S.C. § 2000cc-2(a); and (3) a claim for declaratory relief pursuant to 28 U.S.C. §§ 2201 and 2202.
By order dated January 6, 2006, we granted defendants' motion to dismiss in part, dismissing Count I against defendants Beard and Sobina and dismissing Count III as to all defendants.
Now before the court is defendants' May 22, 2006 motion for judgment on the pleadings, or in the alternative, for summary judgment as to all remaining claims. Defendants filed a brief in support and statement of undisputed facts on May 24, 2006. Plaintiff has not filed a brief in opposition. For the following reasons we will grant defendants' motion.
A. Judgment on the Pleadings and Failure to Exhaust
The defendants have filed a motion for judgment on the pleadings or in the alternative a motion for summary judgment. In the defendants' motion they direct the court to Spruill v. Gillis, 372 F.3d 218 (3d Cir. 2004), in which the United States Court of Appeals for the Third Circuit held that when a prisoner fails to exhaust under the PLRA the action should be dismissed without prejudice, and a defendants' motion to dismiss should be treated as a motion for judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c) because failure to exhaust administrative remedies is an affirmative defense under 42 U.S.C. § 1997e(a). Id. at 223 n.2.
Federal Rule of Civil Procedure 12(c) governs motions for judgment on the pleadings. That rule indicates that when "matters outside the pleadings are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as provided in Rule 56." Fed. R. Civ. P. 12(c). Defendants have attached to their motion a series of exhibits that the court has considered. The United States Court of Appeals for the Third Circuit held in Spruill that a court may consider "indisputably authentic documents . . . without converting it to a motion for summary judgment." Spruill, 372 F.3d at 223.
B. Motion to Dismiss Standard in Evaluating Judgment on Pleadings
When considering a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6), the court must view all allegations stated in the complaint as true and construe all inferences in the light most favorable to plaintiff. Hishon v. King & Spalding, 467 U.S. 69, 73 (1984); Kost v. Kozakiewicz, 1 F.3d 176, 183 (3d Cir. 1993). In ruling on a motion to dismiss the court primarily considers the allegations of the pleading, but is not required to consider legal conclusions alleged in the complaint. Kost, 1 F.3d at 183. At the motion to dismiss stage, the court considers whether plaintiff is entitled to offer evidence to support the allegations in the complaint. Maio v. Aetna, Inc., 221 F.3d 472, 482 (3d Cir. 2000). A complaint should be dismissed only if the court, from evaluating the allegations in the complaint, is certain that under any set of facts relief cannot be granted. Conley v. Gibson, 355 U.S. 41, 45-46 (1957); Morse v. Lower Merion School Dist., 132 F.3d 902, 906 (3d Cir. 1997); Markowitz v. Northeast Land, Co., 906 F.2d 100, 103 (3d Cir. 1994).
The failure-to-state-a-claim standard of Rule 12(b)(6) "streamlines litigation by dispensing with needless discovery and factfinding." Neitzke v. Williams, 490 U.S. 319, 326-27 (1989). A court may dismiss a claim under Rule 12(b)(6) where there is a "dispositive issue of law." Id. at 326. If it is beyond a doubt that the non-moving party can prove no set of facts in support of its allegations, then a claim must be dismissed "without regard to whether it is based on an outlandish legal theory or on a close but ultimately unavailing one." Id. at 327.
As this is a motion for judgment on the pleadings we will accept the facts as pleaded in the amended complaint. In our January 6, 2006 order partially granting defendants' motion to dismiss we found the facts as follows.
Plaintiff is a prisoner currently detained at SCI-Frackville. The factual allegations that form the basis of his complaint against the Department of Corrections, however, occurred while he was detained at SCI-Mahanoy*fn1 and then at SCI-Somerset. Plaintiff contends that he was discriminated against by the staff of SCI-Mahanoy and SCI-Somerset on the basis of his Muslim religion.
As part of this discrimination, Bowman alleges he was falsely administratively charged with "engaging in or encouraging unauthorized group activity" and "unauthorized use of the mail or telephone." After a September 30, 2002 misconduct hearing, Bowman was found guilty of both charges and was placed in the restrictive housing unit (RHU). He alleges that as a result of his alleged involvement in the unauthorized group activity he was then transferred from SCI-Mahanoy to SCI-Somerset on January 21, 2003. Bowman remained in RHU until he was transferred to SCI-Frackville on May 13, 2003.
The allegations against the moving defendants are: (1) that defendant Sobina, the Superintendent of SCI-Somerset, failed to reply to Bowman's May 1, 2003 letter that complained about discrimination and his continued stay in RHU at SCI-Somerset, and in which he explained that he was not an extremist; and (2) that defendant Beard, the Secretary of the Pennsylvania Department of Corrections, refused to conduct an investigation into department-wide retaliation against Muslims, failed to properly supervise defendants Mooney and Kane, and tacitly allowed the harassment of devout Muslim prisoners, and generally, that Beard permitted the discriminatory activity to occur.
The exhibits attached to defendants' motion for judgment on the pleadings indicate that Bowman exhausted his appeals concerning the misconduct hearing and the subsequent conviction, but did not file any grievances concerning any of the other issues he presents in his amended complaint. (See Rec Doc. No. 32, Ex. A, Misconduct Appeal.) According to Kristen Reisinger, the Assistant Chief Grievance Coordinator in the Secretary's Office of Inmate Grievances and Appeals, the very first DC-ADM 804 grievance Bowman filed was on June 22, 2004 in which he complained about the staff at SCI-Frackville. (Rec. Doc. No. 32, Att. 4, Declaration of Kristen Reisinger, at 5.)
The Prison Litigation Reform Act of 1995 requires prisoners to exhaust the administrative grievance system before filing suits in federal court. In relevant part the Act amended the United States Code to provide:
No action shall be brought with respect to prison conditions under section 1983 of this title, or any other Federal law, by a prisoner confined in any jail, prison, or other correctional facility until such administrative remedies as are available are exhausted.
42 U.S.C. § 1997e(a). Failure of a prisoner to exhaust administrative remedies is an affirmative defense that must be pled and proven by the defendants. Ray v. Kertes, 285 F.3d 287, 295 (3d Cir. 2002). Plaintiff has not contested the defendants' motion for judgment on the pleadings and the exhibits that they offer in support. Reisinger's undisputed declaration indicates that Bowman never filed a grievance about the allegations in his amended complaint. Therefore, defendants have proven that they are entitled to dismissal of all of the remaining claims for failure to exhaust.
Until July 6, 2006, Bowman was represented by counsel. On that date we granted counsel's July 3, 2006 motion to withdraw from the case. In that motion counsel indicated that it was his client's desire to proceed pro se on the matter. We then granted Bowman an extension of time to file a brief in opposition to defendants' dispositive motion. On July 28, 2006, Bowman filed a motion seeking appointment of counsel. In that motion he recites several of the factors a court should consider when determining whether to appoint counsel under 28 U.S.C. § 1915(e)(1). See Tabron v. Grace, 6 F.3d 147, 153 (3d Cir. 1993). The Tabron court noted that "the district court must consider as a threshold matter the merits of the plaintiff's claim." Id. at 155.
Although we are concerned about the discrepancy between Bowman's representations and his former counsel's representations regarding his desire to be represented by counsel we do not find it necessary to reappoint counsel for Bowman. We come to this conclusion in light of the evidence produced by the defendants indicating that Bowman has failed to exhaust his administrative remedies. There is nothing that the assistance of counsel could provide that would help Bowman surmount that defense.
1. Defendants' motion for summary judgment or judgment on the pleadings is granted. (Rec. Doc. No. 26.) We rule on the motion as a motion for judgment on the pleadings.
2. The remaining counts in the complaint are dismissed without prejudice against all defendants for failure to exhaust administrative remedies pursuant to 42 U.S.C. § 1997e(a).
3. Bowman's motion for the appointment of counsel is denied. (Rec. Doc. No. 41.)
4. The clerk is directed to close the case file.
James F. McClure, Jr. United States District Judge
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From just €69.99*
Book your flight from Croatia to Hanover in March 2017 here. Select your desired date in March 2017 and view all the airports in Croatia you can fly to Hanover from on that day.
The best price for flying from Croatia to Hanover (HAJ) in March 2017 is just €69.99*.
Flights on 12 March 2017 from €69.99*
From €69.99*
Flight Split Hanover
|2017-03-12T02:00:00 Flight from Croatia (SPU) to Hanover (HAJ)
From €89.99*
Flight Zagreb Hanover
|2017-03-12T12:45:00 Flight from Croatia (ZAG) to Hanover (HAJ)


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- Price Tickets from $45*. Concession prices available. *Transaction fees apply to all bookings.
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