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There is no story in 20th-century history more important to understand than Hitler's rise to power and the collapse of civilization in Nazi Germany. With The Coming of the Third Reich, Richard Evans, one of the world's most distinguished historians, has written the definitive account for our time. A masterful synthesis of a vast body of scholarly work integrated with important new research and interpretations, Evans's history restores drama and contingency to the rise to power of Hitler and the Nazis, even as it shows how ready Germany was by the early 1930s for such a takeover to occur. The Coming of the Third Reich is a masterwork of the historian's art and the book by which all others on the subject will be judged.
©2005 Richard J. Evans (P)2010 Gildan Media Corp
"[A]n impressive achievement.... [Evans'] opus will be one of the major historical works of our time." (The Atlantic)
"Wow, to realize how little I knew about Germany."
A great deal of history with explanations about traditions and beliefs were conveyed in a flowing account that was captivating. I came away realizing how little I knew about German beliefs and history impeded in the culture.
"Why did World War 2 Occur?"
I highly recommend this book, and the other two in the trilogy. This first book provides details, in a definitive and entertaining way, illustrating how economic, social, military, political and cultural issues created the environment which allowed the Third Reich to come into existence and metastasize. I probably shouldn't use the medical term which conveys an emotional tone since the author's position is that the information should be presented objectively. He does present the information objectively and I agree that is the correct way.
It shows how arguably the most civilized society on the planet was transformed into one of the most uncivilized. It is hard to overstate the need for understanding this period in history and I believe this book goes a long way in providing that understanding. The extreme hardships and social turmoil in Germany which provided the incubator for the Nazi philosophy may not be unique. We should always remember that Hitler came to power in a democracy.
I liked them all.
One Size Fits None
"Sets the Stage"
The three part series by Richard J. Evans is an excellent history of the Third Reich split into three phases: the early years (until 1933), pre-war (1933-1939) and war years. This book is well researched, well thought out, well planned. It's really the foundation for the other two books, if you are going to listen to them.
On one level, reading this book is like sitting in the theater watching the stagehands set up the stage. You know who's going to be coming out and which chairs they'll sit in. You have a general idea where the chairs will probably be, and when the characters will be coming onstage (and sometimes leaving in unfortunate circumstancs). But in this book, the characters aren't entirely the individuals we all know. Some of them are the ideologies that drive the individuals (and the ordinary people whose names we'll never know). After you've heard this book you will come away knowing how the Nazis scrabbled and bullied their way into power. Themes set up in this book persist through the series. If you skipped this one, you would be fine with the others - but if you do listen to it, you'll get much more out of the rest. It could easily stand on its own. But as you get near the end, you're glad there are two more volumes. There's still so much to say.
This book (and the other two books in the trilogy) are must reads for anyone who wants to learn about Nazi Germany. The first book was especially compelling because it gave me the background that I often find lacking in examinations of World War II and the Nazis. I appreciated. At times, I felt overwhelmed by the amount of detail and because I did not know the names and their spellings. I simply listened to the book again to pick up those details. The book is depressing, heartbreaking, and even on occasion uplifting. It was nice to see a well rounded, objective approach to the subject. The narrator did an excellent job. I wish that he was the narrator of another book I am about to finish. It would have made the other work much easier to wade through. I cannot recommend this work highly enough.
The White Queen
"New insight forall despite grocery list narration"
Yes, but only if reading the actual text was impractical. Despite how distracting the poor narration can be at times, the material is compelling enough that even some truly egregious errors and disorienting stops and "stutters" are able to be ignored.
This book is the answer to questions that linger after reading all the rest. Not that it provides the reader with a clear, black and white answer to the question "How could anyone murder millions of people?"; not at all. That is left to the reader to formulate from the evidence provided.
As such, it is a mistake to condemn the author for distancing himself from making moral judgments about the events he describes. Evans has no need to spend valuable time and space on such exposition; that is the reader's job. It's his job to narrate events and provide guidance in the realm of interpretation, cause, and effect. He doesn't ignore the moral consequences.
Rather, he highlights the landmarks on what was essentially a moral "journey" for the Germans. The rantings of polemicists about the "Jewish Question" eventually turned that phrase into the modern day equivalent of "The War on Terror" or "Wall Street vs. Main Street Economics"; that is, it went from being something only a few extremists yapped on about to something that was on the table in any discussion and was accepted the same way many Americans right now accept that Al Qaeda and Muslims started the war in Iraq and Afghanistan or that rich financiers destroyed our economy.
Note; I'm not saying they are wrong! I'm saying it's a valid topic for discussion with a clear, anonymous, conspiratorial villain of vast powers, and a way of framing a "question' as to guarantee its "answer".
What this book does is explain how what we think of as a single nation of "Germans" was really a conglomeration of various minority populations that had been consolidated only in the latter half of the 19th Century. This union was held together by leaders with strong personalities and iron fists.
The failures of the "kinder, gentler" post-World War I Weimar Republic to stabilize the economy, feed the people, and make any kind of meaningful decisions did not instill respect for democratic rule. It only promoted nostalgia for when the trains ran on time, reinforcing the romantic myth of the "Leader".
Disturbing parallels abound throughout history, not the least of which was the one in Italy at the same time. "Il Duce" means the same thing as "Der Fuhrer", and this fact only stresses that although Germany was devastated after World War I, it was not the only European nation threatened with disintegration from the foundations up at that time.
In short, this is a great buy. I don't really regret ignoring warnings about the narrator, because being able to listen to the book being read aloud is a major convenience and a prime reason for buying it for that purpose alone. I just don't have my hands and eyes free to read when I am working, and being able to switch between music and a book for variety is wonderful. The narrator is poor, there is no doubt about that. But I was able to get past that and concentrate on the material. It is that compelling, and definitely worth your Audible credit despite the flaws.
The narrator is clearly inexperienced and inconsistent in his pronunciation of relatively well-known and simple German, French, Russian, and English words. I can only deduce that a very incomplete knowledge of the subject matter itself is at the root of the narrator's strange pauses, emphasis on the wrong words, and the overall tendency to read this the same way one reads a grocery list or a Chinese take-away menu out loud.
"Good Overview of Germany in the 20s and 30s"
I like the way the author strings events together. He is especially good when explaining the historical contect of some of the Nazis' legislative actions and showing how they weren't necessarily as radically thought of as we do now after 80 years. He showed how many of the political parties and actors agreed with the actions taken by the Nazis after they got into power. He did well in explaining how their message before coming to power was pretty generic, so that most segments of the population could agree on the broad principles that they espoused. Not until after they got into power did they show their total disregard for anyone who disagreed with them and their ruthlessness in eliminating dissent, segment by segment. It gives meaning to the old saying,
The author's stated intent was to introduce this topic to those who knew nothing. I know some of the topic but have never had it tied together like this book does. The author also dumbed down some of the German phrases like
A great fan of stories and audiobooks. Good ones.
"Like History class, fascinating"
Interesting and engrossing. Like looking through an in-depth book without the eye strain, and seeing how an evil empire evolved.
"The Story is Hot, the reading is not."
Someone that enjoys readings from someone that reads like reading a textbook.
How Hitler managed to weasel himself into power
As stated before, he sounded like he was reading a textbook. His reading was dry.
What should have sparked anger, sparked apathy.
Fortunately I got the book on sale, so I would say that I got my money's worth, but I may end up buying the book on kindle (if available). The Computerized voice seems more exciting.
"Pratt's Narration ruins an excellent work"
Pratt's narration is abysmal. His pacing is odd. He makes pitching choices (adding or not adding emphasis thorugh vocal pitch) that are simply wrong, constantly mis-cuing the listener. But, worst of all, he constantly adds incongruous pauses throughout the narration, often coming to a full stop in the middle of a sentence. He pauses luxuriously before every "and" or "that" and, most annoyingly, for no understandable reason at random positions in every third or fourth sentence. The listener is put in the position of trying to reconstruct the pacing and meaning of the previous sentence while trying to listen to the next. I found myself so annoyed and distracted by the narration at times that I completely lost track of Richard Evan's content.
Pratt also mis-pronounces common German words, like "volk", which is unforgiveable in a book discussing the history of the Third Reich. (This is the kind of thing the producer of the audiobook should have corrected.)
I've just finished listening to the preface and first two chapters and am seriously considering stopping at this point and moving on to another title. The content, which, from what I can tell, is very well-researched and well-written, is entirely and sadly eclipsed by an incompetent narrator.
"Looking forward to the next book"
I wasn't sure I would listen to this entire book, but I found it very interesting and look forward to the next volume.
Report Inappropriate Content
If you find this review inappropriate and think it should be removed from our site, let us know. This report will be reviewed by Audible and we will take appropriate action.


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A lot of attention this season has been given to the big-money disasters around the league.
The Brooklyn Nets, for example, are spending more in luxury tax than 28 other teams are in payroll. That's pretty crazy, but there are teams on the other side of the coin that have been equally remarkable.
After looking at the league's biggest spenders, it's time to check in on the teams that are getting the most bang for their buck this season.
For this exercise, we'll rank the top 10 teams in the league that are on pace to spend the lowest amount of salary per win extrapolated over 82 games.
Let's take a look at how the most cost-effective teams are getting it done.
Contract info courtesy of ShamSports.com.

subset: commoncrawl


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Knit a tiny hat. Make a big difference!
Get Involved
Find out how we made a difference to the lives of older people in Scotland last year.
How we help
Browse products tailored for the over 50s that support our charitable work.
Find out more
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Author: Age Scotland
Published on 18 April 2012 12:00 PM
Age Scotland has welcomed the announcement that the 'big 6' energy providers have agreed to advise customers annually which tariff within their range of products would best suit their household fuel use.
Following discussions with the Deputy Prime Minister, Nick Clegg, suppliers also agreed that when customers' existing contracts come to an end, they will automatically be transferred onto the best deal for them, rather than the more costly 'standard' tariff.
Age Scotland Policy Officer Greg McCracken, said: "This announcement is good news for consumers, but is only a small step in the right direction. We would still encourage consumers to shop around, beyond their own supplier, to ensure they're getting the best deal for them.
"We still believe that energy companies can make pricing more transparent and straightforward, and a single letter per year to customers doesn't by any means represent a solution to the growing problem of fuel poverty."
Age Scotland remains concerned that many consumers are unaware that energy companies have a statutory obligation to provide advice and information for eligible groups. If you are struggling with the cost of your energy, contact your supplier to find out the support to which you may be entitled.
For more information:
Call Silver Line Scotland:
0800 4 70 80 90


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wow…good job
AMAZING, I wnant this shit.
yay, 200 votes =D
thanks you all for the support!!
hey isn't this the winner of emptees.com tshirt of the day?..
I need this design on my shirt!!!!!!!awesome
Grande mathiole, tamo junto!
I like it!!!!
fabiosimple Artist
awesome matheus! +1
lol. "Orgasm" the title makes the shirt so much cooler! I love it! Also vote for my shirt! "Christ The Redeemer"
DangerousButTasty Artist
This will quite obviously be an awesome shirt. I can't wait until it's printed.
hippiefruit Human
i really like the illi, but i dont like the placement at all.
That's beautiful! Definitely on a good placement. Nice color schemes too. Never bores me.
Great colors! +++
Cool design. Ridiculous title.
awesome colors! nice nice nice!


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Newegg.com - A great place to buy computers, computer parts, electronics, software, accessories, and DVDs online. With great prices, fast shipping, and top-rated customer service - once you know, you Newegg.
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Showing Results: Most Recent
This review is from: Rosewill REDBONE - Black SECC Steel ATX Mid Tower Computer Case
Pros: Bought this case for a build for my nephew. I love the look of it and the fit and finish was great. This is NOT a high end case. This is an entry level case. Everything was just as I expected and was easy to use. GREAT CASE FOR THE PRICE!
Cons: First case arrived damaged. Had to return and ended up missing out on the rebate that was on the case. Second case arrived and it was perfect.READ FULL REVIEW
This review is from: CORSAIR CAFA50 120mm CPU Cooler
Pros: SUPER easy install for AMD. Pull off the old stock cooler, clean off the old paste. Put new paste on. Put A50 on. Lock it down. DONE. 5 minutes of work!
Cooling is good! I didn't do hard number checking, but my idle temps were instantly 5 deg cooler or more. The real test for me was running my favorite game. With the old cooler it sounded like a small jet was taking off in my case. With new cooler installed, my case was whisper quiet. I'm a big fan of this cooler! (Get it??? fan.... cooler... nevermind)
Cons: none!
Other Thoughts: A note on how big this thing is! I have a rosewill blackbone case. The listed width of my case is 7.28 inches. This cooler JUST fit. There is literally no space between the side of my case and the end of the fan. If your case is any smaller I would be holding my breath when installing it. When I installed the A50 at first I didn't think I'd get my side panel back on, but it made it! This thing is probably a pretty tight fit in most mid-tower cases, so buyer beware!
It is a very nice cooler for the price! Especially if you can get it with MIR and instant discounts! You rock newegg!
This review is from: AMD Phenom II X4 965 Black Edition Deneb Quad-Core 3.4 GHz Socket AM3 125W HDZ965FBGMBOX Processor
Pros: Fast, fast, fast. Easy install, standard fan seems fine to me! This CPU will give me many years of good service for my needs. Very happy with this purchase. Was going to get the 955, but happened to hit a good combo deal and got this one instead.
Cons: Wasn't BOGO?!READ FULL REVIEW


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Lina Geriguis is a lecturer in English at Chapman University. Her teaching areas include courses on Multicultural Literatures of the US, American Realism and Naturalism, American Gothic, Edith Wharton, Utopia in American Literature, and Introduction to Literary Theory and Criticism. She serves as a book review editor for Women's Studies: An Interdisciplinary Journal and Pacific Coast Philology. Her most recent article publications, for which she began research while pursuing doctoral studies at CGU, have appeared in Studies in Travel Writing and Polish American Studies. Her current research projects explore questions of disability, environment, race, and ethnicity in American literature.
"Ecology and Empire in Andrew Burnaby's Travels Through the Middle Settlements in North America (1775)." Studies in Travel Writing 19.3 (2015): 187-203.
"Ecosomatic and Ethnocultural Pathologies: Ethnicity, Disability and Capabilities in Meridel Le Sueur's 'Women on the Breadlines (1932)'" Polish American Studies 71. 2. (Fall 2014): 19-42.
Chapter on "Emily Dickinson and Social Class" in All Things Emily Dickinson: An Encyclopedia of Emily Dickinson's World, edited by Wendy Martin (Greenwood Press, 2013): 779-84.
"Beyond Domestic Grounds: Edith Wharton's Shakespearean Glance in The Age of Innocence." Pacific Coast Philology 45.1 (October 2010): 71-92.
"W.E.B. Du Bois's The Souls of Black Folk, Chapter 11." The Explicator 68.2 (April 2010): 111-114.
"Dickens's Dombey and Son." The Explicator 68.2 (April 2010): 104-106.
"Discovering the Lithuanian Re-inscription of Robinson Crusoe: A Literary Construct of 19th century Cultural, Political, and Historical Discourses in Lithuania." Lituanus 54:4 (December 2008): 51-75.
Contact: email@example.com
© 2017 Claremont Graduate University • 150 E. 10th St., Claremont, CA 91711 • (909) 621-8000 • Campus Safety • Emergency Info • Campus Map/Driving Directions


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Ripoff Report | Complaints Reviews Scams Lawsuits Frauds Reported
Showing 1-2
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Jul 08 2016
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Jan 07 2009
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iHerb Customer Reviews
Savings of: $4.20 (32% off)
Pure form, strong & useful
Posted by Reviewer2293439 on Dec 06, 2007
I have been using this product for quite some time now. I am up-dating this review to let you know that this is the only PURE tocopheral acetate that can be used in a hyperbaric chamber setting without causing oneself to beoome a fireball. This is RATHER important. While you may not see results any time immediately, this product is still great for encouraging granlating tissue growth when used as a constituent in a multi-product salve. Stand-alone I fine it way too fine a product for "floating" bandages but I still love the way it heals the smaller rips & tears in skin. No flashy performer or miracle drug, this product works over time; as does most healing. I can firmly suggest this product to anyone seeking both a moisturizing product for badly worn skin as well as a topical skin repair component.
Jason Natural, Vitamin E Oil
Posted by Reviewer3238946 on Jan 08, 2009
It has helped my dry winter skin!
Very potent
Posted by Reviewer2934620 on Nov 10, 2009
Very potent
Cures my itchy ears
Posted by Reviewer3145894 on Feb 22, 2012
Just applying this once every few days has made a huge difference. My ears used to drive me crazy with itching, and this is the first thing I've used that works longer.
Posted by Reviewer2679092 on Jun 11, 2012
everything you can demant from vitamin E-oil is there - good moisturizing properties, smoothing stretch marks
sticky vitamin E oil
Posted by Reviewer2914550 on Aug 19, 2009
sticky texture, difficult to rub. the bottle leaks the oil. poor bottle design.
Expected More
Posted by Reviewer3192996 on Nov 13, 2007
I have used it on recent scars and did not see any change in my scars. Very disappointed.
Posted by Reviewer2773477 on Mar 01, 2010
The wife says it's helping clear up lines on her face and improve her complexion.
Posted by Reviewer1088173 on Apr 24, 2010
Good Stuff.Good for my face.
Love this stuff
Posted by Reviewer1354109 on May 18, 2010
I have a bad habit of picking at my face & this helps it heal really fast! It's very thick and sticky because it's pure Vitamin E, so I like to mix it with jojoba oil to thin it down and make it less sticky.


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Dead Sea Spa Magik Cleansing Bar
Dead Sea Spa Magik Cleansing Bar has a kind and gentle formula which works to neutralise and balance skin pH whilst revitalising dry and damaged skin; it can also help to restore and maintain your skin's moisturise balance. It can be used in a variety of ways including helping to remove make-up and deeply cleanse your skin - suitable for use on both the face and body.This product does not contain any detergents or chemicals..
Cheapest price we found
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Prices are updated periodically, the prices quoted here were correct at the time of last update.
Patient gathers information on a vast range of over-the-counter treatments and beauty products from reputable websites and registered online pharmacies. We perform a price comparison so that you can see who offers the best price.


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A recent Nerd Wallet posting has shared a startling study that estimates roughly 3.4 billion worldwide are financially illiterate. Of the total 150,000 surveyed only 33% of adults had passed a simple quiz.
We need to figure out how to bridge this huge gap and make sure that our kids are getting the financial education they need while they are young to minimize the amount of mistakes they could potentially make.
Unfortunately, most schools leave financial preparation up to parents, or they fail to create world examples that will push these ideas into our children's heads. Really it's no wonder why students who head off to higher education find themselves hitting a hard financial wall.
There are too many of them who are still struggling to differentiate between a need versus a want to be able to even think about how much money they're actually going to need to payback their loans.
We are leading them on this journey, yet we are not giving them the resources to be successful. Overall, this study is a huge wakeup call to anyone parenting now, work with your kids and talk to them about money. Begin placing importance on it when their young. Have them develop responsibilities doing chores, maybe give them a loan that they can pay back with a small amount of interest. Give them the opportunity to fail safely with their family to help teach these lessons so they can grow up and raise that percentage.


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Culture Days Wrap Up
Hello. Wanted to say it was nice to hang with you at Culture Days this week. The bands were great. You were all in fine form, especially that one woman who looooooved Jian.
Looking forward to next years festivities... If you were or weren't there, check out the Facebook album (tag yourself) and view backstage footage here.


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OutRun 2006: Coast 2 Coast confused cool wind in their hair, gentle caresses wings bears a solemn face and the dust mantle. Because you - the King. The King of speed and risk crazy, madman, violates all rules of the road and admire it. Your machine is more expensive apartments, and your life at a speed of 300 km / h and is not worth a penny, but you need the peace of aging? OutRun 2006: Coast 2 Coast - a game for those who did not accept compromises with destiny!
Great racers go to the brink, but every moment of existence, they have seen no greater example of mere mortals. Take a look at the world through the eyes of the best of the best sorvigolov. Feel the freshness of colors, shades and juiciness heady music world. You are waiting for the charming coastline, vast urban jungle and other memorable landscapes. No Brake!
* For aesthetes and connoisseurs! Three dozen tracks scattered all over the world, amaze your majesty and beauty of the landscape. The tropical jungles, bustling urban thoroughfare colossal ruins of ancient temples - OutRun 2006: Coast 2 Coast will satisfy the most exacting taste!
* Look into the past! OutRun 2006: Coast 2 Coast - a unique opportunity to get acquainted with the earlier parts of the series, because the game includes tracks from OutRun2 and OutRun2 SP.
* High-speed ride is not meaningless! Universe of speed and risk are not entirely alien to the specific job. Part of game tasks common to all platforms, and some created specifically for each console. Do not miss exclusive!
* Gather your friends and go! Six people can fight against each other in the spacious roads OutRun 2006: Coast 2 Coast. Do not want to compete? Then join together in a joint mode!
* The choice - a dozen ?Ferrari?! All twelve cars licensed in detail and appearance to their prototypes. Each machine is presented in three versions: base, slightly modified, and significant changes.
Size: 984 MB
Información (Cómo descargar - NUEVO: Ver Enlaces de Descarga actualizados al 2017):
http://hotfile.com/dl/24218047/9d70a0a/oc2c.part01.rar.html http://hotfile.com/dl/24240167/e28bb45/oc2c.part02.rar.html http://hotfile.com/dl/24217585/7b25b0f/oc2c.part03.rar.html http://hotfile.com/dl/24217704/eb259d2/oc2c.part04.rar.html http://hotfile.com/dl/24218095/b3ceaf2/oc2c.part05.rar.html http://hotfile.com/dl/24240203/f163430/oc2c.part06.rar.html http://hotfile.com/dl/24217653/264c69b/oc2c.part07.rar.html http://hotfile.com/dl/24217790/4994d33/oc2c.part08.rar.html http://hotfile.com/dl/24218144/01a8219/oc2c.part09.rar.html http://hotfile.com/dl/24240231/18b4068/oc2c.part10.rar.html http://hotfile.com/dl/24217664/bf75ac0/oc2c.part11.rar.html
Información (Cómo descargar - NUEVO: Ver Enlaces de Descarga actualizados al 2017):
Password: www.webpunkt.ru


text:
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1 Page
An Introduction to the Creative Essay on the Topic of a Bicycle
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Pages: 1
Word Count: 506
Category: English
Word Count: 506
Pages: 1
I knew my bicycle was in the old house and that I wanted to get it back The bicycle had become as much a part of my existence as the clothes I wore to go out I say to go out because it represents me just like clothes I nurtured the bicycle like a baby replacing all the worn cables carefully oiling all the necessary parts aligning the brakes Every now and then I stripped down to basics and reassembled it to ensure it was in original working condition I even manually replaced all of the ball bearings once a task that almost drove me insane and one that is infinitely more unbearable than replacing a soiled diaper It was my window to the world the screen from which I watched life go by observing the smallest yet all important passing details It was my sanctuary in the storm and even when it had a flat tyre it was still my best friend Until the day I had to move to Australia I sold my bicycle to a man when I had to leave I tried to find a bicycle thatll replace the one I had but somehow I just dont like any of them I just want my old bike back And today we landed on Taiwan Its the first time I came back to Taiwan and the first thing I thought at that time was to look for the bike Theres this old house that bothered me I knew the bike was in there but dont know why It was just one of those inexplicable in life you know the things You know they are there and you know everything about them except the explanation The light was fading when I finally plucked up courage to approach the old house Repeated banging on the doorknocker brought no response so I pushed the unlocked door open and ventured inside
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Lululemon (NASDAQ:LULU) is having a hell of a year. Their stock and market cap continue to be impressive, they're trading at a well deserved high P/E ratio and they have arguably one of the biggest and most popular emerging brand in the realm of yoga, fitness and exercise. I recently wrote an article on Lululemon, where I paid homage to everything from the layout of their stores, to the generally great looking crowd that dons their apparel.
I made a couple of points, namely
- The recent see-through clothing mess was a buying opportunity
- The company could double in market cap
- The brand has staying power
I argued against the company being overvalued:
To say that Lululemon is overvalued is to not consider fully its potential market for growth. With a P/E of about 30 and a $9.20 billion market cap, LULU looks like a healthy juggernaut of a growing company that should be able to continue at or beyond the rate of growth it was sustaining before its recent PR folly. This investor is betting that the ensuing yields from LULU will be as sexy as the fine men and woman that wear their brand.
...and presented my arguments in an aesthetically pleasing article laden with young, good looking models in flexible poses that make Olympic gymnasts look like Regis Philbin trying to do yoga. See the custom-made "technical indicator" below:
Alright, in all seriousness though, here's 3 new reasons to buy Lululemon that are subsequent to my last article.
1. Their PR Team Hit a Home Run in Covering the "See-Through" Scandal
The recent "scandal" reported about Lululemon's Luan pants was that they were a bit see through and had to be recalled. Subsequent to that, Lululemon restated some of their guidance for the quarter, pointing out that it was going to negatively affect their bottom line.
Bloomberg reported:
Lululemon has been probing how the shipments of pants that didn't meet its standards -- they became too sheer when wearers bent over -- passed through its testing procedures. The recall of the black Luon pants, which accounted for about 17 percent of all the women's pants it sells, caused the company to forecast profit this year that was less than analysts estimated, sending the shares to the biggest drop in two months.
The company said yesterday that while the fabric, a combination of nylon and Lycra spandex fibers, met the low end of its standards, the company's testing protocols were incomplete. Lululemon said it also was assessing all of its Luon garments that are in production and stationing company employees in factories to monitor manufacturing.
The company reiterated the March 21 profit forecast that it gave when it announced the pants would be removed from shelves.
What was great about this "mess" was that Lululemon were the first to promptly bring it to the markets attention, before anyone else could put a spin on it. Lululemon took full accountability of the issue, was upfront and honest with both customers and investors, restated their guidance in a professional manner, and recently put the last nail the coffin by holding their Chief Product Officer accountable and firing them.
This is textbook on exactly how you should handle bad news. Get it to market first, position it, hold someone accountable, adjust accordingly, don't repeat the mistake and move on from it.
The Luan pants case is closed.
2. There is Serious Short Squeeze Potential
A short squeeze when you're long a company is like having your cake and eating it too. Not only do you usually watch some catalyst driven run on a stock that you've loaded up on, but at the same point you get to watch the people that bet against you (those fools!) get absolutely crushed. You get to watch them run violently for the exits, covering their positions, and subsequently driving the price of the stock further up.
Because squeezes can add tons of value (although sometimes not fundamentally-based sound value, they often propel stocks into overbought scenarios), they are a great place to exit a position and scrape some profit off the top. This is why pro traders love to identify sound companies with healthy balance sheets that appear to have a larger than normal short position. Lululemon is one of these companies.
According to Yahoo:
|Shares Short (as of Mar 15, 2013)3:
|Short Ratio (as of Mar 15, 2013)3:
|Short % of Float (as of Mar 15, 2013)3:
As you can see here, almost 29% of the entire float is held short. If Lululemon runs into some unexpected good news, or if this holds through earnings and Lululemon posts great numbers, investors are going to have a serious chance to take advantage of a short squeeze on top of a price run.
3. Financial Fundamentals are Gorgeous & There's Plenty of Room to Keep Growing
I have roughly the same amount of experience with making charts in Excel as I do in building and engineering nuclear powered submarines, but I set aside several hours of my schedule recently to come up with this chart; it was sourced by LULU's latest 10-K, and boy is it nice to look at.
(All numbers in thousands)
That, my friends, is a lovely picture of a company growing in a very healthy fashion. Over the past four years, as net revenue continues to grow, gross profit, cash on hand, and stockholders equity does the same. This is a great chart of a company that is growing the right way and doing an outstanding job of managing their cost of goods sold.
The one question you'd ask here is whether or not there's room to keep growing this way. I contend that there is tons of room to grow. In my last article, I stated why:
There is tons of room for growth for Lululemon. To get things started, its important to note that the company's primary focus, to this point, has been targeted at women and yoga. The company has 201 locations. Compared to a company like Gap (NYSE:GPS) with over 3,000 total locations, you can see the retail layout for growth is significant.
Something that I notice every once in a small while, is men wearing Lululemon. While I have several of their products myself, it hasn't even come close to catching on yet with men. Once this company expands and decides they want to throw money and resources into a campaign to target some of these clothes to men, they're going to find an entire avenue of success that they haven't even BEGUN to tap into yet.
Furthermore, in that respect, Lululemon is eventually going to start branching out into general athletic wear, not just yoga-based clothing for women. This is a very natural progression for companies that get their start making athletic wear of sorts. They will capitalize on running and tennis clothing, then other sports. Eventually, that will lead to bolstering of general activewear, which can then [like Under Armour (NYSE:UA), Adidas (OTCQX:ADDYY), Puma, Nike (NYSE:NKE)] move straight up into retail clothing.
If there's something that we could learn from Adidas and Puma, it's that moving the line from activewear to everyday wear is possible. Furthermore, it's possible by the way both of these companies did it:they slapped a bit of a higher price tag on their merchandise, and bolstered their image to give the appearance of it being a premium brand. Then, they engaged in serious sportswear sponsorships that got their name, image and logo everywhere.
Lululemon already has that with its price points. The sponsorship thing could be forthcoming in the future. It would be prudent to start with sponsoring gymnastics, tennis, and other female-orientedsports; then from there, move forward. Like other crossover retail/activewear companies such as Under Armour, Columbia Sportswear (NASDAQ:COLM) and North Face, Lululemon has serious potential here. The market for people wearing these brands as everyday fashion and not just for exercise purposes has never been bigger.
Lululemon "gets it". Its style is not unlike their logo or store layout:it's simple, modest, not gaudy, but still hip and extremely stylish. Ultimately, this is going to yield it big growth with the "retail" crowd as well as the "exercise" crowd.
So, in that respect, we have some serious long-term potential for Lululemon. People argue that their P/E is too aggressive, but if you look at how the company has grown the last 4 years and the amount of open market share they can still tackle, the truth is it may not be aggressive enough.
With the see-through pants issue behind them, this company can focus on what it does best: great retail, superior products backed by a great branding job, and growing aggressively. They command their $9 billion market cap and have plenty of room to continue to grow their business.
Lululemon continues to be a great choice to go long with for years to come.
Disclosure: I have no positions in any stocks mentioned, and no plans to initiate any positions within the next 72 hours. I wrote this article myself, and it expresses my own opinions. I am not receiving compensation for it (other than from Seeking Alpha). I have no business relationship with any company whose stock is mentioned in this article.


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United States District Court, D. Columbia.
February 21, 2013
SALIM BILAL-EDWARDS, Plaintiffs,v.UNITED PLANNING ORGANIZATION, et al., Defendants
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[Copyrighted Material Omitted]
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For UNITED PLANNING ORGANIZATION, DEANGELO RORIE, ANDREA THOMAS, Defendants: Joseph Erwin Schuler, LEAD ATTORNEY, JACKSON LEWIS LLP, Reston, VA.
REGGIE B. WALTON, United States District Judge.
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The plaintiff in this civil case, Salim Bilal-Edwards, filed a six-count complaint against the defendants, the United Planning Organization (" UPO" ) and two individuals, De Angelo Rorie and Andrea Thomas, alleging claims of wrongful termination, negligence, extreme and outrageous conduct, hostile work environment, and retaliation under the Whistleblower Protection Act, 5 U.S.C. § 2302(b) (2006), and violation of the Age Discrimination in Employment Act of 1967 (" ADEA" ), 29 U.S.C. § § 621-634 (2006). The Court dismissed all the claims except for the plaintiff's ADEA claim in prior rulings. See Bilal-Edwards v. United Planning Org., 896 F.Supp.2d 88, 93-98 (D.D.C. 2012) (dismissing the plaintiff's claims of wrongful termination, negligence, extreme and outrageous conduct, and hostile work environment); ECF No. 58 (dismissing the plaintiff's Whistleblower Protection Act claim). Currently before the Court are the parties' cross motions for summary judgment on the plaintiff's remaining age discrimination claim. See generally Plaintiff's Motion for Summary Judgment (" Pl.'s Mot." ); [1] Defendants' Motion for Partial Summary Judgment (" Defs.' Mot." ). The plaintiff also seeks leave to amend his complaint. See generally Motion to Amend Complaint (" Pl.'s Amend Mot." ). Upon careful consideration of the parties' submissions,[2] the
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Court concludes that the defendants' motion for summary judgment must be granted, and the plaintiff's motions for summary judgment and to amend his complaint must be denied.
The following facts are undisputed.[3] The UPO " is the Community Action Agency for the District of Columbia," and " is a 501(c)(3) tax exempt organization." Defs.' Facts ¶ 1. " During [the] [p]laintiff's period of employment at [the] UPO, it was comprised of" various programs and divisions, including the Youth Services Division (" Division" ). Id. The " UPO receives a variety of grants and contracts from the federal government and the District of Columbia government," some of which support the activities of the Division. Id. ¶ 2; see also id. ¶ ¶ 3-4. Among the grants and contracts was " a grant from the U.S. Dream Academy to help fund the programs at the [UPO's] James Creek location." Id. ¶ 2. The " UPO also receives some private funding," including funding for the Division's Beaver Scholarship program. Id. ¶ 4.
Defendant Andrea Thomas " was hired as the first Director of the" Division at the UPO in 2007. Id. ¶ 5. The Division expanded in 2009, and the " UPO hired an Assistant Director." Id. Thomas " and then Chief Operating Officer . .., Gladys Mack, recommended [that the] [p]laintiff be hired as the Assistant Director," id. (citing Defs.' Facts, Exhibit (" Ex." ) A (Declaration of Andrea Thomas (" Thomas Decl." )) ¶ 7), and the " [p]laintiff commenced his employment with [the] UPO on March 23, 2009, as the Assistant Director of the" Division, id. ¶ 6 (citing
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Defs.' Facts, Exs. C (New Hire Request Form dated March 23, 2009), D (March 13, 2009 Employment Offer Letter (" Offer Letter" ))). The plaintiff " was an at-will, salaried, exempt employee," id. (citing Defs.' Facts, Ex. D (Offer Letter)), and he was initially supervised by Thomas, id. 6. The plaintiff's duties at the UPO included " assisting the [Division] Director in the daily administration of [D]ivision projects as directed and assigned, and to work with other [Division] staff to ensure coordinated efforts." Id. (citing Defs.' Facts, Ex. E (Youth Services Division Assistant Director Job Description (" Job Description" )). In particular, the " [p]laintiff was assigned the responsibility of overseeing and implementing the [Division's] program at James Creek," which is a " community in southwest Washington, D.C." Id. ¶ 11.
" In or about October 2009, some of the [Division] staff moved into [a] recently renovated space commonly referred to within [the] UPO as the Alabama Avenue facility or just 'Alabama Avenue.'" Id. ¶ 43. Other staff from the Division also moved to the Alabama Avenue facility " later in late 2009 or early 2010." Id. Division employees " whose desks were adjacent to a rest room area, noticed a periodic strong odor," and " complained about the odor." Id. " Of the five [Division] staff located in the part of the building where the odor was strongest, only [the] [p]laintiff" and another employee were over 40. Id. ¶ 44. The UPO " undertook efforts directly and through the building management company to try to determine the source of the odor and remediate it" after receiving a written complaint from an employee who was under the age of 40. Id.
On October 1, 2009, Thomas became the UPO's Chief of Staff. Id. ¶ 7. She " continued to also serve as the Director" of the Division " until the new Director was hired and began service." Id. The " UPO hired De Angelo Rorie, the other individual defendant, as the new Director of the [Division] on November 9, 2009." Id. ¶ 10. Rorie then became the plaintiff's immediate supervisor. Id.
Around the same time that Rorie commenced his employment with the UPO, the Division also selected Tina Dawson as " a part-time Youth Services Worker to operate the youth programs at James Creek." Id. ¶ 12. After Dawson was notified " that she had been selected for the . . . position," the UPO began a required " pre-employment screening including drug testing, and . . . criminal background checks and the [District of Columbia] Child Protection Register check." Id. While the screening was ongoing, the " UPO considered other staffing options to move the implementation of youth services at James Creek forward." Id. ¶ 13.
Initially, " Rorie spoke with Jemeka Brown, a [Division] Case Manager for the Providing Opportunities with Educational Readiness Program known as 'P.O.W.E.R.', about changing positions in the [Division]." Id. ¶ 14. Rorie wanted Brown " to consider changing from her Case Manager position with the P.O.W.E.R. program, to the Youth Services Worker position at James Creek," which " would have entailed a formal change in positions, responsibilities, and hours." Id. Brown " was not interested in changing positions," because " she was a graduate student at Howard University and also had an internship, and the scheduled hours for James Creek would have conflicted." Id. " As a result of those obligations, she informed [] Rorie that she was not available for the times needed to staff James Creek and that she would resign if he directed her to take the James Creek assignment." Id. (citing Defs.' Facts, Ex. K (Declaration of Jemeka Brown (" Brown Decl." )) ¶ ¶ 4, 6-7).
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" [I]n late 2009 or early 2010, [] Rorie spoke with DeVita Lanham, another [Division] Case Manager, about changing positions in the [Division]." Id. ¶ 15. He explained to Lanham " that ongoing funding for her position" was " questionable" because of grant uncertainties. Id. Rorie asked " if she was interested in changing jobs from her full-time Case Manager position to the part-time Youth Services Worker position at James Creek." Id. " Lanham declined the offer to transfer positions and to go from full-time to part-time." Id.
Also " [i]n late 2009 or early 2010," Thomas spoke with both Lanham " and LaShawn Reeder, a Retention Placement Specialist who shared duties with [] Lanham, regarding several issues related to the [Division]," including the funding uncertainties surrounding both Lanham and Reeder's positions. Id. ¶ 16. Thomas additionally " raised the issue of needing to get the youth program at James Creek up and running" and " indicated that the Division may need their assistance with this project." Id. Both Lanham and Reeder " agreed to help" and " understood that they were not being offered the position and that their help would be temporary, since [] Dawson was selected for the position and was going through the pre-employment screening process." Id. (citing Defs.' Facts, Exs. A (Thomas Decl.) ¶ 15, L (Declaration of LaShawn Reeder (" Reeder Decl." )) ¶ 11).
Rorie spoke with the plaintiff " on or about January 28 and 29, 2010, regarding [the Division's] need for [the] [p]laintiff to take a more active role to implement the program at James Creek." Id. ¶ 18. Rorie asked the " [p]laintiff to oversee the program and implement the program, including recruiting youth and starting up performance of the services by working at the site for several hours a day, three days per week, until the new Youth Services Worker commenced employment." Id. Rorie told the " [p]laintiff that this was a temporary responsibility, it was not a demotion or job transfer, and it would not result in a reduction of pay," and that the " [p]laintiff was to get the program off the ground until the new Youth Services Worker was hired." Id. However, the " [p]laintiff refused to do what was necessary to implement the program at James Creek by taking up those duties for the requested three days per week for several hours each day." Id. ¶ 19; see also Defs.' Facts, Ex. O (Memoranda from Salim Bilal-Edwards to Human Resources) at 8.
Rorie spoke with Thomas and personnel in the UPO's Human Resources department " regarding how to handle the [p]laintiff's . . . response" to the request that he staff the James Creek project. Defs.' Facts ¶ 21. Human Resources personnel and Thomas " suggested [] Rorie issue a written warning," id., and " [o]n or about February 3, 2010, [] Rorie issued the written warning to [the] [p]laintiff." Id. (citing Defs.' Facts, Ex. M (Employee Warning Notice)). The warning stated that " [f]ailure to comply with the directive to oversee the start up operations and implementation of the James Creek cite [sic] will result in further disciplinary action up to and including termination." Defs.' Facts, Ex. M (Employee Warning Notice).
Subsequently, the " [p]laintiff sent an email to [] Rorie following up their conversation about [the] [p]laintiff's concerns with the [written warning], and also sent [Human Resources] a copy of the e-mail." Defs.' Facts. ¶ 22. " On or about February 19, 2010, Nnenna Ugorji, then UPO's Human Resources Director, met with [the] [p]laintiff to discuss his concerns," but the meeting did not result in a withdrawal of the warning. Id. ¶ 23. " The next day, [the] [p]laintiff sent a follow-up e-mail to
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[Human Resources] stating that the 'real issue' he tried to express in his prior e-mail was that [] Rorie had engaged in an 'unfair labor practice.'" Id. " Human Resources offered to set up a meeting" between the plaintiff and Rorie, but the " [p]laintiff declined, stating that a further meeting was unnecessary, as they understood each other's positions." Id. Human Resources " advised [the] [p]laintiff that they found his concerns were unfounded," and " reminded [him] that servicing James Creek was an important obligation of [the] UPO and [] Rorie had full authority to initiate discipline of insubordination by his staff." Id.; see also Defs.' Facts, Ex. U (Email Correspondence).
" Later in February, [] Rorie met with [] Reeder and [] Lanham regarding James Creek," and asked if they would " help start the program at James Creek by sharing the load," which meant each would " cover one day at James Creek and [they would] split coverage for the third day at James Creek, with the other covering their" other shared duties. Id. ¶ 24. " This request did not involve a change in position or a reduction in pay," and was a request " to temporarily help with James Creek until the new employee was on board." Id. Lanham " voiced displeasure with this assignment," but both she and Reeder " agreed to assist with the program at James Creek." Id. Rorie, Lanham, and Reeder " met with several other individuals from [the] UPO involved with the other UPO programs at James Creek," and some of these individuals " agreed to help recruit local youth to participate in the [Division's] programs. Id. ¶ 25.
" On or about March 1, 2010," Lanham tendered her resignation, and her " last day [of work] was scheduled for March 25, 2010." Id. ¶ 27. " At or around this time, [] Dawson was cleared to start her employment conditionally, and [Human Resources] issued an offer of employment letter to her on March 11, 2010." Id. ¶ 28. Dawson began working on March 15, 2010, but tendered her resignation the next day. Id.
Rorie " decided that he needed to insist that [the] [p]laintiff implement the program at James Creek until another staff member could be hired to run the program or, if necessary, until the program ended in July." Id. ¶ 30. Rorie consulted Division " staff members who were receiving help from [the] [p]laintiff with their programs. Those staff indicated that while [the] [p]laintiff's assistance would be missed, they could run their programs without him." Id. ¶ 31; see also Defs.' Facts, Ex. G (Declaration of Tanya Henderson (" Henderson Decl." )) ¶ ¶ 7, 14. Rorie spoke with the plaintiff " on or about March 17, 2010" about " the organization's need for [the] [p]laintiff to implement the program at James Creek until someone was hired to work the program," and " indicated that he no longer had any options but to have [the] [p]laintiff begin to implement the program." Defs.' Facts ¶ 32. The " [p]laintiff demanded that the meeting stop until they had a third party to participate in the meeting." Id. Subsequently, the plaintiff and Rorie met with Human Resources personnel to discuss the matter. Id. The plaintiff ultimately " would not agree to accept th[e] directive" to " run the James Creek program." Id. ¶ 34.
Thereafter, Rorie, with the approval of Thomas, sent a memorandum to Human Resources " recommending [the] [p]laintiff's termination for insubordination and failure to display a behavior standard that is conducive to a positive working atmosphere." Id. ¶ 39; see also Defs.' Facts, Ex. X (April 19, 2010 Memorandum). Human Resources " approved the recommendation to terminate [the] [p]laintiff," Defs.' Facts ¶ 39, and the plaintiff's employment
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was terminated on May 3, 2010, id. ¶ 40. The " UPO did not fill the position of Assistant Director of the [Division] after [the] [p]laintiff's termination and has no plans to do so." Id. ¶ 42.
The " [p]laintiff filed a charge of discrimination against [the] UPO with the Equal Employment Opportunity Commission (" EEOC" ) on May 26, 2010, alleging discrimination based on age and sex." Id. ¶ 46; see also Defs.' Facts, Ex. N (EEOC Complaint). The plaintiff's EEOC Complaint states:
I was asked by the Director along with two younger female employees to accept another job assignment as a Youth Services Worker. The duties of the position were directly related to the positions held by the female employees, but they declined to accept the job assignment. However, the job assignment was a different classification than mine and it was a demotion. On 05/03/2010, I was the only employee that was reprimanded and terminated for refusing to oversee and run a program. The female employees that were asked did not receive any form of discipline or termination for refusing the job assignment.
Defs.' Facts, Ex. N (EEOC Complaint). " On August 9, 2011, the EEOC issued a Dismissal and Notice of Rights after determining that it was 'unable to conclude that the information obtained establishes violations of the statutes.'" Defs.' Facts ¶ 47 (quoting Defs. Facts, Ex. CC (Dismissal of Notice and Rights)).
A. Rule 56 Motion for Summary Judgment
A motion for summary judgment must be granted " if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law," based upon the depositions, affidavits, and other factual materials in the record. Fed.R.Civ.P. 56(a), (c). A fact is " material" if it " might affect the outcome of the suit under the governing law." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). And " a dispute over a material fact is 'genuine' if 'the evidence is such that a reasonable jury could return a verdict for the nonmoving party.'" Arrington v. United States, 473 F.3d 329, 333, 374 U.S. App. D.C. 189 (D.C. Cir. 2006) (quoting Anderson, 477 U.S. at 248). The moving party bears the initial burden of showing the absence of a disputed material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). The burden then shifts to the opposing party to " set forth specific facts showing that there is a genuine issue for trial." Anderson, 477 U.S. at 248. " Although summary judgment is not the occasion for the court to weigh credibility or evidence, summary judgment is appropriate 'if the nonmoving party fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial.'" Talavera v. Shah, 638 F.3d 303, 308, 395 U.S. App. D.C. 7 (D.C. Cir. 2011) (citations omitted). " [T]here is no issue for trial unless there is sufficient evidence favoring the nonmoving party for a [reasonable] jury to return a verdict for that party." Anderson, 477 U.S. at 249. In making this assessment, " [t]he evidence is to be viewed in the light most favorable to the nonmoving party and the court must draw all reasonable inferences in favor of the nonmoving party."
Talavera, 638 F.3d at 308 (citing Anderson, 477 U.S. at 255).
B. Rule 15 Motion to Amend
" A party may amend its pleading once as a matter of course" before the
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adverse party has filed a responsive pleading. Fed.R.Civ.P. 15(a). However, after a responsive pleading has been filed, the initial pleading may be amended " only with the opposing party's written consent or the court's leave." Id. While the Court has sole discretion to grant or deny leave to amend, " [l]eave to amend a [pleading] should be freely given in the absence of undue delay, bad faith, undue prejudice to the opposing party, repeated failure to cure deficiencies, or futility." Richardson v. United States, 193 F.3d 545, 548-49, 338 U.S. App. D.C. 265 (D.C. Cir. 1999) (citing Foman v. Davis, 371 U.S. 178, 182, 83 S.Ct. 227, 9 L.Ed.2d 222 (1962)). The rationale for this perspective is that " [i]f the underlying facts or circumstances relied upon by a plaintiff may be a proper subject of relief, he ought to be afforded an opportunity to test his claim on the merits."
Foman, 371 U.S. at 182.
A. The Plaintiff's ADEA Claims
The plaintiff argues that he is entitled to summary judgment because the defendants have not shown that younger employees were reprimanded and terminated for refusing requests to staff the James Creek project. Pl.'s Mot. at 4. He further argues that the defendants' failure to respond to his complaints of an odor at the UPO's Alabama Avenue office and subsequent response to the complaints of a younger employee also evidences age discrimination.[4] Pl.'s Opp'n at 8.
The ADEA provides in pertinent part that it is unlawful for an employer " to discharge any individual or otherwise discriminate against any individual . . . because of such individual's age." 29 U.S.C. § 623(a)(1). However, it is not " unlawful for an employer . . . to discharge or otherwise discipline an individual for good cause." Id. § 623(f)(3). To succeed on an ADEA claim, the plaintiff " must prove, by a preponderance of the evidence, that age was the 'but-for' cause of the challenged adverse employment action." Gross v. FBL Fin. Servs., 557 U.S. 167, 180, 129 S.Ct. 2343, 174 L.Ed.2d 119 (2009). In the absence of direct evidence of discrimination, this Circuit applies the burden-shifting framework set out in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973), in cases brought under the ADEA. See Chappell-Johnson v. Powell, 440 F.3d 484, 487, 370 U.S. App. D.C. 162 (D.C. Cir. 2006); Paquin v. Fed. Nat'l Mortg. Ass'n, 119 F.3d 23, 26, 326 U.S. App. D.C. 224 (D.C. Cir. 1997). The first stem in the McDonnell Douglas test is to determine whether the plaintiff has established a prima facie case of discrimination. 411 U.S. at 802. In order to establish a prima facie case in the context of an ADEA employment termination claim, the plaintiff must show that he (1) belongs to the statutorily protected age group, (2) was qualified for the position, (3) was terminated, and (4) was disadvantaged in favor of a younger person. Hall v. Giant Food, Inc., 175 F.3d 1074, 1077, 336 U.S. App. D.C. 63 (D.C. Cir. 1999); Jones v. Bernanke, 493 F.Supp.2d 18, 27 (D.D.C. 2007), aff'd, 557 F.3d 670, 384 U.S. App. D.C. 443 (D.C. Cir. 2009). Once this first prong is satisfied, the burden of production shifts to the defendant to identify a legitimate nondiscriminatory reason for the challenged employment action. McDonnell Douglas, 411 U.S. at 802. If the defendant meets this burden of production, the plaintiff must " prove by a preponderance of the evidence
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that the legitimate reasons offered by the defendant were not its true reasons, but were a pretext for discrimination."
Texas Dep't of Cmty. Affairs v. Burdine, 450 U.S. 248, 253, 101 S.Ct. 1089, 67 L.Ed.2d 207 (1981). However, " [i]t is not enough for the plaintiff to show that a reason given for a job action is not just, or fair, or sensible. He must show that the explanation given is a phony reason." Fischbach v. Dep't of Corrs., 86 F.3d 1180, 1183, 318 U.S. App. D.C. 186 (D.C. Cir. 1996) (quoting Pignato v. Am. Trans Air, Inc., 14 F.3d 342, 349 (7th Cir. 1994)).
At the summary judgment stage, however, the plaintiff's ability to establish a prima facie case is of little concern to the Court. As the Circuit held in Brady v. Office of the Sergeant at Arms, 520 F.3d 490, 494, 380 U.S. App. D.C. 283 (D.C. Cir. 2008),[5] " where an employee has suffered an adverse employment action and an employer has asserted a legitimate, non-discriminatory reason for the decision, the district court need not--and should not--decide whether the plaintiff actually made out a prima facie case under McDonnell Douglas." Thus where, as here, an employer moves for summary judgment, the Court is confronted with " one central question: Has the employee produced sufficient evidence for a reasonable jury to find that the employer's asserted non-discriminatory reason was not the actual reason" for the adverse employment action, and that the real reason for the employer's action was to " intentionally discriminate[] against the employee on the basis of [age]."
1. The Plaintiff's Claims Against the Individual Defendants
The defendants argue first that the individual defendants are entitled to summary judgment because individuals cannot be liable under the ADEA. Defs.' Mem. at 8. Another member of this Court agreed recently with the defendants' position, holding that " there is no individual liability under . . . the ADEA."
Smith v. Janey, 664 F.Supp.2d 1, 8 (D.D.C. 2009), aff'd sub nom, Smith v. Rhee, No. 09-7100, 2010 WL 1633177 (D.C. Cir. 2010). And although this Circuit has not directly addressed the issue, several other federal circuit courts agree that the ADEA does not contemplate individual liability. See, e.g., Parikh v. UPS, 491 F.App'x 303, 308 (3d Cir. 2012) (" Neither Title VII nor the ADEA provides for individual liability." ); Guerra v. Jones, 421 F.App'x 15, 17 (2d Cir. 2011) (" [D]ismissal of the . . . ADEA claims against the individual [d]efendants was appropriate as [the] statute [does not] subject[] individuals, even those with supervisory liability over the plaintiff, to personal liability." ); Jones v. Sternheimer, 387 F.App'x 366, 368 (4th Cir. 2010) (" [T]he ADEA . . . do[es] not provide for causes of action against defendants in their individual capacities." ). This Court agrees with those courts, and accordingly grants summary judgment to the defendants on the plaintiff's ADEA claims against the individual defendants.
2. The Plaintiff's Claims Against the UPO
The defendants next argue that that the UPO has articulated a legitimate, non-retaliatory reason for reprimanding and terminating the plaintiff. Defs.' Mem. at 10. Specifically, they contend that the UPO disciplined and subsequently terminated the plaintiff " based upon conduct that [the]
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[p]laintiff does not dispute and acknowledges was insubordinate." Id. at 11. During his deposition, the plaintiff conceded that he " didn't do the directive that he was given to [him] for James Creek." Defs.' Facts, Ex. F (Pl. Dep. Tr.) at 78:14-19. The defendants submitted declarations with their motion for summary judgment indicating that the UPO's request that the plaintiff staff the James Creek project " was well within [the plaintiff's] job description and management's prerogative to direct employees to provide needed services to fulfill its obligations." Defs.' Facts, Ex. A (Thomas Decl.) ¶ 18. Indeed, the job description for the Assistant Director position includes as part of the position's " duties and responsibilities" the task of " [a]ssist[ing] the Director in the daily administration of division projects as directed or assigned, including but not limited to staff supervision [and] program facilitation as needed." [6] Defs.' Facts, Ex. E (Job Description). And the plaintiff's termination of employment letter states that " [t]he reason for" terminating his employment was his " continuing insubordination and conduct which impugns or compromises the integrity of [the] UPO" and specifies that he had " repeatedly refused to oversee and operate the James Creek project of the . . . [Division] as repeatedly directed which [was] part of [his] duties and responsibilities as Assistant Director" of the Division. Defs.' Facts, Ex. Y (Termination Letter).
It is well established that a court " may not second guess an employer's personnel decision absent demonstrably discriminatory motive."
Fischbach, 86 F.3d at 1183 (internal quotation marks and citation omitted). In light of the defendants' assertion that the plaintiff was reprimanded and later terminated for insubordination and not because of his age, as well as the plaintiff's own concession that he refused his supervisor's request to staff the James Creek project, the Court finds that the defendants have proffered a sufficiently nondiscriminatory reason for the termination.
The burden thus shifts to the plaintiff to demonstrate that the defendants' proffered explanation is pretextual.
Burdine, 450 U.S. at 253-55. " '[T]o survive summary judgment the plaintiff must show that a reasonable jury could conclude from all the evidence that the adverse employment decision was made for a discriminatory [or retaliatory] reason.'" Geleta v. Gray, 645 F.3d 408, 413, 396 U.S. App. D.C. 87 (D.C. Cir. 2011) (alteration in original) (citation omitted).
First, the plaintiff argues that if his job performance " during the six month introductory period of his employment . . . . was an issue[,] [the] [d]efendants[] would have terminated him on those grounds and not insubordination." Pl.'s Opp'n at 2. This argument, however, does not undermine the defendants' stated reasons for the plaintiff's termination. Simply because the plaintiff had performed adequately during his first six months with the UPO does not preclude the determination that he was thereafter insubordinate.
The plaintiff next outlines his positive contributions to Division projects other
Page 14
than the James Creek project, presumably in an attempt to argue that those positive contributions indicate that he was not insubordinate and thus should not have been reprimanded or terminated. Pl.'s Opp'n at 3-6. Again, this reasoning is not helpful to the plaintiff. The defendants' contention is that the plaintiff was insubordinate with respect to specific repeated requests concerning the James Creek project and not that his performance was unacceptable in other respects. Defs.' Mem. at 11-12; see also Defs.' Facts, Ex. A (Thomas Decl.) ¶ ¶ 16-18.
Next, the plaintiff notes that other younger employees were or should have been available to staff the James Creek project, and argues that the fact that those other employees were not reprimanded or terminated for refusing to staff the project supports his position that the UPO's decision to terminate his employment was discriminatory. Pl.'s Mot. at 4, 7-8; Pl.'s Opp'n at 6-8. Where a plaintiff seeks an inference of discrimination based on " disparate treatment," he must show that " all of the relevant aspects of [his] employment situation were 'nearly identical' to those" of the other employees who did not suffer similar adverse employment actions. See Neuren v. Adduci, Mastriani, Meeks & Schill, 43 F.3d 1507, 1514, 310 U.S. App. D.C. 82 (D.C. Cir. 1995) (finding that a female plaintiff failed to demonstrate disparate treatment where comparator was both male and " lower in seniority" than the plaintiff); see also Barbour v. Browner, 181 F.3d 1342, 1345, 337 U.S. App. D.C. 50 (D.C. Cir. 1999) (finding that two employees were not similarly situated where one was a GS-12 and the other a GS-13); Holbrook v. Reno, 196 F.3d 255, 261-62, 339 U.S. App. D.C. 4 (D.C. Cir. 1999) (holding that employees of differing seniority levels were not similarly situated). Here, the other employees the plaintiff contends were treated differently--i.e., those who were not terminated for refusal to staff the James Creek project--were either case managers in the UPO's Youth Services Division or in one case, a Retention Placement Specialist who " shared duties" with one of the case managers. See Defs.' Facts, Ex. A (Thomas Decl.) ¶ 15; Pl.'s Opp'n at 6-7. The plaintiff, on the other hand, was the Assistant Director of the Youth Services Division. See Defs.'Facts, Ex. D (Offer Letter) (" Your position will be Assistant Director, Youth Services . . . ." ). The plaintiff and the other employees he references were therefore not similarly situated, and an inference of discrimination is not created by his dissimilar treatment.
The plaintiff also contends that he " agreed to work the James Creek Project one day a week on Mondays." Pl.'s Mot. at 10 (citing Pl.'s Mot., Ex. 5 (Email Correspondence)). He argues, without any citations to the record, that this " would have left seven staff members including defendant Rorie who were under the age of 40 to work the remaining two days as required by the grant." Id. However, the plaintiff was asked to staff the James Creek project for three days a week, and thus his willingness to work one day a week does not undermine the defendants' stated reason for terminating his employment.
Finally, the plaintiff argues that the UPO was " aware of the odor in the Alabama Avenue site prior to" receiving an email from a younger, female employee. Pl.'s Opp'n at 8. And to support his position that he was the victim of discrimination based on his age, the plaintiff contends that his complaints were ignored " until a couple months later when [the defendants] received" the younger employee's email. Id. The defendants respond that these claims are not properly before the Court as potential evidence of age
Page 15
discrimination because the plaintiff's complaints about the odor were not included in his EEOC complaint. Defs.' Mem. at 27 (citing Defs.' Facts, Ex. N (EEOC Complaint)). To be sure, as this Circuit has noted in the Title VII context, " '[t]he goals behind the requirement of prior resort to administrative relief would be frustrated if the filing of a general charge with the EEOC would open up the possibility of judicial challenges to any related conduct that took place in connection with the employment relationship.'" Park v. Howard Univ., 71 F.3d 904, 908, 315 U.S. App. D.C. 196 (D.C. Cir. 1995) (citation omitted). And the Fifth Circuit has explicitly held in the ADEA context that " [i]n assessing whether a charge properly exhausts a particular claim," courts " 'construe[] an EEOC complaint broadly,' but [] will only find a claim was exhausted if it could have been 'reasonably . . . expected to grow out of the charge of discrimination.'" Jefferson v. Christus St. Joseph Hosp., 374 F.App'x 485, 490 (5th Cir. 2010). But neither case directly addresses the inclusion in an EEOC complaint of the particular conduct from which a plaintiff seeks an inference of discrimination. In other words, the cases stand for the proposition that an EEOC complaint must include allegations concerning the type of discrimination alleged, but they do not indicate that a plaintiff must include each and every fact supporting his discrimination charge.
See Park, 71 F.3d at 908 (finding that plaintiff's EEOC complaint failed to exhaust claim of hostile work environment where complaint included neither the words " hostile work environment" nor any allegations to support such a claim); Jefferson, 374 F.App'x at 490 (finding that plaintiffs had failed to exhaust claims of retaliation or of race, age, and national origin discrimination where EEOC complaints made no mention of the alleged retaliation or discrimination and the plaintiffs additionally failed to check a box on the complaint form indicating that they wished to pursue such claims).
Here, the plaintiff's EEOC complaint clearly alleges age discrimination, and so the Court will consider the plaintiff's claims about the odor at the Alabama Avenue facility as the basis for a possible inference of discrimination. Unfortunately for the plaintiff, his allegations about the delay in addressing the odor are insufficient to permit an inference of age discrimination. In particular, the plaintiff's allegations do not explain how he was treated differently from any other employee. The UPO's failure to address the source of the odor when the plaintiff complained impacted not only the plaintiff, but also the other employees working at the Alabama Avenue facility. Defs.' Facts ¶ 43. While the UPO could have responded to the complaints in a more timely fashion, the fact remains that the defendant eventually responded to not only the plaintiff's complaints, but also the complaints of the other employees who were affected by the odor. Id. ¶ ¶ 43-44. The Court therefore finds that the plaintiff's allegations about the odor at the Alabama Avenue facility do not create an inference of discrimination.
Because the plaintiff has failed to produce evidence sufficient for a reasonable jury to conclude that the defendants' stated reasons for terminating his employment amount pretext, and because his claims against the individual defendants are deficient as a matter of law, the Court must grant the defendants' motion for summary judgment and deny the plaintiff's motion for summary judgment.
B. The Plaintiff's Motion to Amend his Complaint
The plaintiff seeks leave to amend his complaint to include claims under the False Claims Act, 31 U.S.C. § § 3729-3730 (2006), and the Fair Labor Standards Act,
Page 16
29 U.S.C. § 201 (2006). Pl.'s Amend Mot. at 1-3. The defendants urge the Court to deny the plaintiff's motion for failure to comply with this Court's local rules, as well as on the grounds of undue delay, prejudice, and futility. Defs.' Amend Opp'n at 1.
As an initial matter, the Court agrees that the plaintiff has failed to comply with Local Civil Rules 7(i) and 15.1, both of which require a party seeking leave to amend a pleading to furnish the Court with a copy of the proposed amended pleading. See Local Civ. R. 7(i); Local Civ. R. 15.1. And as the defendants correctly note, Defs.' Amend Opp'n at 5, the Court previously admonished the plaintiff of his responsibility to be familiar with this Court's local rules, and with Rule 7 in particular. See August 23, 2013 Minute Order (providing an internet address for the Court's Local Civil Rules).
Even if the plaintiff had provided the Court with a copy of his proposed amended complaint, the representations he makes in his motion make clear that neither statutory provision referenced in his motion is a proper basis for relief. As to the False Claims Act, the plaintiff believes that " the [d]efendants retaliated against [him] because he blew the whistle on" the defendants for " filing false claims as it relates to the Stimulus grant they received from the Federal Government." Pl.'s Amend Reply at 1-2. These allegations are not materially different from those made in reference to the plaintiff's Whistleblower Protection Act claim, and as the defendants rightly note, Defs.' Amend Opp'n at 6, the plaintiff has been on notice for well over a year that his Whistleblower Protection Act claim was deficient, as this Court indicated in its October 10, 2012 Memorandum Opinion dismissing several of his claims, Bilal-Edwards, 896 F.Supp.2d at 93 n.8.
The plaintiff faults the Court for failing to account in its prior Memorandum Opinion for the fact that he " had protection under the American Recovery and [Rei]nvestment Act of 2009." Pl.'s Amend Reply at 2. This is unreasonable. The plaintiff's reply memorandum in support of his motion to amend his complaint is the first time that the American Recovery and Reinvestment Act has been referenced, and even if it were not the case, the plaintiff's complaint included no allegations that he " complied with the prerequisites to bringing suit that are specified in detail in the statute."
Williams v. New York City Dep't of Ed., __ F.Supp.2d __, __, 2013 WL 5226564, at *15 (S.D.N.Y. 2013) (dismissing plaintiff's American Recovery and Reinvestment Act retaliation claim for failure to exhaust administrative remedies). In short, the plaintiff has been in possession of facts necessary to bring his various retaliation claims since he was terminated on May 3, 2010, and he has also been on notice that his existing retaliation claims were deficient since those claims were dismissed on October 10, 2012. Further, allowing an amendment at this late juncture would prejudice the defendants given that discovery has now been closed for nine months and both parties have filed dispositive motions. Indeed, the plaintiff was the first party to move for summary judgment, having done so six months before he filed his motion to amend his complaint. This constitutes undue delay, and the Court therefore denies the plaintiff's motion to amend his complaint to include claims under the False Claims Act.
In any event, the defendants argue that an amendment adding the FLSA claims would be futile because they are time-barred. Defs.' Amend Opp'n at 10. " The statute of limitations under both the [District of Columbia Wage Payment and
Page 17
Collection Law (" DC Wage Law" )] and [the] FLSA . . . is only three years." Ventura v. Bebo Foods, Inc., 738 F.Supp.2d 8, 30 (D.D.C. 2010) (citing 29 U.S.C. § 255(a); D.C. Code § 32-1013). And this Circuit has held that FLSA claims accrue with each pay period. Figueroa v. D.C. Metro. Police Dep't (Figueroa I), 633 F.3d 1129, 1135, 394 U.S. App. D.C. 232 (D.C. Cir. 2011); see also Dover v. Medstar Wash. Hosp. Ctr., Inc., 989 F.Supp.2d 57, 60-62, 2013 WL 5824075, at *2-3 (D.D.C. 2013) (dismissing DC Wage Law claims as time-barred). Thus, the last date on which the plaintiff's FLSA claims could have accrued was the date of his termination, which was May 3, 2010. Because it is now almost four years from that date, the plaintiff's FLSA claims are time-barred.
Moreover, Rule 15(c)(1)(B) cannot save the plaintiff's FLSA claim. The Rule allows amendments to " relate back" to the date of the original pleading only where the amendment " asserts a claim or defense that arose out of the conduct, transaction, or occurrence set out--or attempted to be set out--in the original pleading." Fed.R.Civ.P. 15(c)(1)(B). But " [r]elation back is improper when the amended claim 'asserts a new ground for relief supported by facts that differ in both time and type from those the original pleading set forth.'"
Dover, 989 F.Supp.2d at 61, 2013 WL 5824075, at *3 (quoting Mayle v. Felix, 545 U.S. 644, 650, 125 S.Ct. 2562, 162 L.Ed.2d 582 (2005)). " The underlying question is whether the original complaint adequately notified the defendants of the basis for liability the plaintiffs would later advance in the amended complaint." Meijer, Inc. v. Biovail Corp., 533 F.3d 857, 866, 382 U.S. App. D.C. 385 (D.C. Cir. 2008).
" An employee is entitled to the federal minimum wage and overtime unless specifically exempted by the FLSA," and " [t]he employer bears the burden of demonstrating that its employee is exempt . . . ."
Cannon v. District of Columbia, 717 F.3d 200, 204, 405 U.S. App. D.C. 141 (D.C. Cir. 2013). Both the D.C. Wage Law and the FLSA " provide [] cause[s] of action for employees to sue their employers for unpaid minimum wages or overtime compensation." Ruffin v. New Destination, 800 F.Supp.2d 262, 268 (D.D.C. 2011). There are " two elements of an FLSA overtime claim . . . : (1) performance of work, and (2) improper compensation." Figueroa v. District of Columbia (Figueroa II), 923 F.Supp.2d 159, 168 (D.D.C. 2013) (citing
Figueroa I, 633 F.3d at 1135); see also D.C. Code § 32-1302 (" Every employer shall pay wages earned to his employees . . . ." ) (emphasis added). Here, the allegations contained in plaintiff's complaint could not adequately put the defendants on notice of the FLSA claims the plaintiff now wants to raise. The complaint does allege in passing that " [d]efendant Thomas falsely stated that [the] [p]laintiff would not receive overtime for the extraordinarily time consuming work project." Compl. ¶ 67. However, the most that the allegation communicates is the plaintiff's belief that he deserved more compensation, not, as he argues in his motion to amend, that he intended to challenge whether his position was classified as exempt or non-exempt under the FLSA. See Pl.'s Amend Mot. at 2. Further, a FLSA claim would need to be " 'supported by facts that differ in both time and type from those the original pleading set forth.'"
Dover, 989 F.Supp.2d at 61, 2013 WL 5824075, at *3 (quoting Mayle v. Felix, 545 U.S. 644, 650, 125 S.Ct. 2562, 162 L.Ed.2d 582 (2005)). The plaintiff would need to adduce facts concerning the number of alleged overtime hours worked, the compensation he believed he was owed, and whether the FLSA grants employees in the plaintiff's
Page 18
position the right to overtime compensation. By contrast, the original pleading in this case set forth allegations of discrimination based on age, retaliation based on whistleblowing, and tortious conduct, none of which involved the plaintiff's compensation or right to overtime compensation. See Compl. ¶ ¶ 81-102. Accordingly, the Court finds that the plaintiff's proposed FLSA claims do not relate back to his original complaint, and denies as futile the plaintiff's motion to amend his complaint to add FLSA claims.[7]
For the reasons set forth above, the Court will grant the defendants' motion for summary judgment, and deny both the plaintiff's motion for summary judgment and his motion to amend his complaint.[8]
For the reasons stated in the Memorandum Opinion issued this same date, it is
ORDERED that the plaintiff's Request for Document to be Entered into Court Records is GRANTED. It is further
ORDERED that the plaintiff's motion for summary judgment is DENIED. It is further
ORDERED that the defendants' motion for summary judgment is GRANTED. It is further
ORDERED that the plaintiff's motion to amend his complaint is DENIED. It is further
ORDERED that this case is CLOSED.
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