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I don't own Yu-Gi-Oh (I hate doing the disclaimers)
Please tell me what you think.
Thanx Dark Shining Light for pointing out my mistakes
Téa Gardner sat on her bed and looked out the window and watched as the sun was setting fading the sky into darkness. Somehow it reminded her of herself. Months ago she was always a cheerful young woman without a care in the world but now all she felt was sadness and despair. She sighed and opened her diary to write her last entry tonight she decided that she would finally end her suffering.
'Dear Diary,
It's me… this will be my last entry, we will not see each other again. I know that Yami does not love me, and it's slowly killing me. He loves her, and not me, he sees only her, the girl with the beautiful blond hair and that is all that he can bear to think about. To think I thought I stood a chance for his heart since we have gotten alot closer since he got his own body but he only sees my like a sister, nothing more. I have nothing left, and I can no longer stand the pain. This could be considered as my suicide note to whomever finds it or whomever cares…'
Téa closed her diary and placed it on her bedside table. She got of the bed and walked to a cabinet in the corner. She opened it and took out a pocket knife that her brother left here before he went on a business trip. She went to the bed and sat on the floor beside it. She looked at the knife beautiful but deadly.
She took the knife and cut her palms fresh blood running from her wounds. She sighed, smiling as the pain numbed her to the world around her. She leaned back against the bed and let the light-headedness take over her senses.
Then the door burst open but she didn't realize it and closed her eyes. Then she opened them realizing she was being cradled in someone's arms.
"Please don't leave me"
She tasted salty tears on her lips. Her world was clouded but she saw a pair of beautiful crimson eyes shining down at her.
His eyes...
"Just hold on help will be here any minute. Just hold on"
"I'm sorry Yami" she whispered as the darkness nipped at the edges of her vision.
"Don't leave me… please!" He choked through his tears. "I love you…" She smiled softly.
"Don't forget me...please" She let out her final breath, and let the darkness envelope her.
"No…" he said as he held her lifeless body tightly, crying into her hair.
----One week later after Téa's funeral----
Rain splashed onto the marble tombstone as the most of the people left the graveyard, all but one, clutching a small azure book inside of his jacket. He sat down on the grass in front of the freshly dug grave and opened the book and read one of the entries.
'Dear Diary,
I'm in love, but there's a small problem… Well, alright a major problem. I'm in love with the King of Games, no not Yugi, Yami. See the problem? He's dating her now, you know Chelsey, miss I-think–I'm-to-good-for-everybody-else, he won't even look in my direction. I've always been like a sister to him, nothing more. Well these thing don't last forever maybe one of these days he'll see her for who she really is and maybe start to notice me. Oh no Alex is calling me talk to you later Diary. Goodnight
He closed the book as more tears started to fall.
The wind started to blow and Yami swore he had heard a familiar voice speaking to him
"Yami?" He looked around, hearing her voice.
"Téa." He said softly, no more tears falling from his eyes.
"I'm sorry…" The voice whispered. "I should've told you."
As he walked out of the graveyard, he turned back to look at her grave, straight down the path from him. He could swear that he saw her waving to him sadly.
----Eight years later----
Yami sat one the couch watching his five year old son playing with his toys on the carpet.
Three years after Téa's death he married Chelsey and had a son. The boy was a mirror image of his father with tri-color hair and crimson eyes.
It was the anniversary of Téa's death and that memory haunted him day and night even if it has been many years he still loved her.
Tears started to trickle down his face.
"Chelsey I'm going for a walk"
"OK be back soon"
Yami closed the door and listened to Chelsey as she called someone on the phone.
"So can you come over? No he's not here. He's going to be out for a while. Ok see you soon love you"
He had heard enough and started to walk down the dark street.
A few hours later he came to a pair of familiar iron gates. As he watched he could have sworn he saw someone at her grave and made his way down the graveyard path till he reached her grave.
He looked at it and suddenly fell onto his knees and sobbed. Oh how he missed her, he needed her but she was gone forever.
He continued to cry till he felt an ice cold touch against his cheek. He looked up and saw her. Her ice cold hand was against his cheek and she made him look up at her.
"Why are you here Yami?" her voice drifted
"Téa, I love you, I can't live without you"
"I love you too"
Then she suddenly kissed him. Her lips were ice cold. He suddenly felt very tired as they kissed. The life slowly draining from him.
They broke the kiss and he closed his eyes never to open them again in this life. He fell onto the grass and that was the end.
Finally they were together if not in life then in death but they were now with the one the loved.
The End
Ok that's that. This is the first time I tried writing a story like this. Pleas try and be nice R&R


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Kennebec 2017 trout sale
Gary at Mt. Springs will be delivering our trout this year on Saturday, May 13th around noon to 12:30. Prices are the same as the past two years. Kennebec-2017-Trout-Order-Form
If you have any questions give Dale a call at 622-7847 x3.
Our 2017 tree & shrub sale was much different this year. We created a Fedco "group order". Orders will be picked up at our Augusta office on Saturday morning, April 29th.
We may try and modify how people can order via postal mail next year.
Dates for 2017 Maine Farm Days have been set. Check out the MFDays page. The vendor contract is now available.
Maine Envirothon – The 2017 Maine State Envirothon season has begun. If you are a high school rep, student or parent who is interested, check the MACD website – MaineConservationDistricts.com or contact us for more information. The spring Envirothon usually includes about 60 teams. The actual competitions are scheduled in April, May and June of 2017. Check the MaineEnvirothon website for more current information. MaineEnvirothon
And here is the actual registration packet. 2017-env-registration-packet3
In other news:
The Kennebec and Knox-Lincoln SWCD's are into the second year of a project awarded to the Maine Natural Areas Program to address terrestrial invasive plants. It includes support to help landowners IMap the invasives they have, learn techniques to manage those invasives, and provide workshops to spread the word. We are starting work on that project this spring.
The Kennebec SWCD and partners have been awarded a new project to develop a new Watershed Based Plan for the East Pond watershed. Work is beginning and will continue over the next field season.
- The Kennebec SWCD has completed work for NRCS, our Federal partners to help them identify and document local "Conservation Priorities" in Kennebec County. A digital link to that report will be available shortly.
- The Kennebec SWCD is part of a statewide group of SWCD's providing Forestry Pest outreach. We are in the second year of that project. The 2017 "Forestry Pest" workshops are being scheduled. Other displays will be available over the coming months.
Currently the following have been scheduled [I will list when available]
- The Kennebec SWCD is working with the Town of Fayette in a project to replace old culverts on Sandy River Road that currently serve as a habitat barrier. The Maine DEP has awarded funds to the Town for the work and we are assisting with the planning, permitting and oversight.

subset: commoncrawl


text:
The walrus (Odobenus rosmarus) is a large flippered marine mammal with a discontinuous circumpolar distribution in the Arctic Ocean and sub-Arctic seas of the Northern Hemisphere. The walrus is...
In mathematical analysis, distributions (or generalized functions) are objects that generalize functions. Distributions make it possible to differentiate functions whose derivative does not exist.
speed of 4.3mph
stay submerged for 10 mins


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The Luxury Visionaries 2016
Good things happen to good people, but I was never this good. In February 2011, Paula Fitzherbert , the public relations director for Claridge's, called and suggested a meeting with the hotel's general manager, Thomas Kochs , with the vague notion that we might "work on something together". After a martini or two in the Fumoir bar, an idea began to take shape: what if I were to be appointed the first ever artist-in-residence (or more specifically, given my background, fashion-artist-in-residence) at the hotel?
It sounded good, but what did it mean exactly and how would it work? We didn't know. Clearly it was not going to be a precise science. But the central idea was simple; instead of photographing the hotel's illustrious guests – as had happened in the past – we would ask them to sit for a drawing. There was a lot to live up to: images of Jackie O, Winston Churchill, Audrey Hepburn and the Queen stand sentinel in the lobby, reminders of a time when glamour went with gravitas and the world looked better in black and white. Over the coming months we made a list of potential sitters, which quickly became the fulcrum of debate. (More martinis.) Being famous was not enough; it was the connection with the hotel that counted. Most of these high-profile guests were juggling schedules that would give a cabinet minister pause, which meant that persuading them to pose for a portrait might be an uphill struggle. But that would come later. First my job was to get to know the hotel.
Let's just say that I took my research seriously.
I stayed in the dazzling new Linley suites and in the room once occupied by the previous manager's dog. I addressed the hotel's quarterly staff meeting. I sat in the lobby and watched the passing parade. I haunted the halls. I propped up the bar. And the conclusion I came to is that Claridge's is Claridge's and everywhere else is everywhere else. There might not be an outside space, a helipad on the roof or even a swimming pool (they are working on the pool), but what Claridge's has is something you cannot buy or replicate: a sense of wellbeing. Push through the revolving door and up the steps – there are three – and by the time you are halfway across the black-and-white chequered floor, I doubt that you will remember what you were worrying about.
If you watched the BBC documentary Inside Claridge's (and millions did), you will know that, in addition to the elegant Kochs, who was the lynchpin of the film, the hotel's other secret weapon is its staff. The service at Claridge's isn't seamless; it's better than that, delivered with brio by a cast of characters who combine humour with discretion (and a dash of chutzpah) and give every impression of loving their jobs. Robots need not apply.
Given the time I spent shooting the breeze with the lift operators, the butlers and the doormen, it seems unfair to single out anyone in particular, but how can I resist mentioning Martin Ballard who, after 30 years at the concierge desk, knows not only where the bodies are buried but who fired the fatal shot? Or the gentlemen barmen of the Fumoir (step up João, Lucasz, George, Maurizio and Charlie ): my best friends in a bow tie.
When the time came to begin the drawings, the first person to sit, fittingly enough, was the fashion designer Diane von Furstenberg , who designed a number of suites at the hotel. "We'll go Orientalist!" she announced, piling on gold chains and posing amid her signature clash-and-clang prints. Alber Elbaz , the creative director of Lanvin, had only 15 minutes to pose while guests gathered for the unveiling of the Christmas tree he designed last year. Sarah Jessica Parker , whose relationship with the hotel predates Sex and the City, was the calm centre of a Mexican wave of mobile phones all taking pictures in the lobby. Modelling super-legend Carmen Dell'Orefice perched in a bathtub (the tiles went with her Philip Treacy hat).
Paul Smith was briskly and charmingly efficient. Daphne Guinness posed like an elegant Louise Bourgeois spider on the black-and-white floor, and Dita Von Teese, feeling she didn't have anything spectacular enough to wear, suggested she be drawn naked. Did I mention the job was fun?
In parallel with what might be called the "Hall of Fame" drawings, I began another series, in colour this time, using the Fumoir bar as a location. I had become quietly obsessed by this darkly confessional space with its velvet banquettes and original Lalique glass, where noon felt like midnight and midnight could stretch until noon. I asked people I admire to join me at "my" table (No. 4, since you ask) where they gamely submitted to being both drawn and interviewed. I raise a glass to Erin O'Connor, Stephen Jones, Laura Bailey and Christian Louboutin, among others, for being such willing guinea pigs.
The role of artist-in-residence certainly fascinates people. I have done interviews in New York and in Hong Kong, in Eastern Europe and in the Middle East. I have been quizzed about it on breakfast television in Sydney and on local radio in Perth. I suppose what it comes down to is that everyone envies me. But the truth is, I envy myself. Spencer Tracy famously said that, when he died, he didn't want to go to heaven, he wanted to go to Claridge's. I'm ahead of the crowd.


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CCA and the CIC 527
Opposes- Amendment 69 creates
ColoradoCare, a taxpayer financed, state run system of universal healthcare in
Colorado. It would replace Medicaid but not Medicare and be funded through a 10%
increase in payroll taxes (1/3 paid for by employee and 2/3 paid for employers).
Certain investments would also be taxed at 10%. The amendment would raise taxes
by $25 billion or more. The grassroots campaign in support of ColoradoCare is
led by State Senator Irene Aguilar -
http://www.coloradocare.org/. The Colorado business community is mounting
opposition through the organization Coloradans for Coloradans -
http://www.coloradansforcoloradans.com. Official Amendment 69 language:
and the CIC 527 Supports - The Raise the Bar, Protect Our Constitution
campaign submitted more than 185,000 signatures to the Secretary of State on
behalf of Amendment 71. The Secretary of State announced it would appear
on the ballot shortly afterward. The amendment would require 55% voter approval instead of
a simple majority and by requiring the signatures of 2% of the registered
electors in each state senate district.
The initiative is a constitutional change. For more information about the Raise
the Bar Campaign visit:
The campaign is supported by CCA, Club 20, the Denver Metro Chamber of Commerce,
the Colorado Farm Bureau, Action 22, the Durango Herold, the Aurora Sentinel,
among many others. Official Amendment 71 language:
and the CIC 527 Supports - The last two initiatives to be approved by the
Secretary of State will make significant changes to Colorado's election system
if passed. The Let Colorado
Vote campaign submitted 310,000 signatures for Proposition 107 and 108.
Proposition 107 would restore Colorado's presidential primary election last held
in 2000. The propositions are being backed by Let Colorado Vote -
Proposition 108 would allow the 1.3 million unaffiliated/independent voters in
Colorado to choose to participate in the Democrat or Republican primary (they
would not be able to split tickets). Supporters include current Governor John
Hickenlooper and former Governors Bill Ritter, Bill Owens, and Dick Lamm along
with the Denver Metro Chamber of Commerce. The state parties challenged the
initiatives in court but were unsuccessful and there is currently no organized
opposition. Official Proposition 107 language:
http://bit.ly/2cRNpLb. Official
Proposition 108 language:
For a full report on all of
the 2016 ballot measures,
click here.


text:
Special Medical Services Publications
- Helping You and Your Child Get a Good Night's Sleep
- Constipation in Children with Disabilities
- Drooling in Children with Disabilities
- How Particular Disabilities Affect Sexuality
- NH Family Testimonials
- Puberty in Boys with Disabilities
- Puberty in Girls with Disabilities
- Talking to Your Young Child About Bodies and Feelings
- Toilet Teaching
- Who Do I Ask?
Adobe Acrobat Reader format. You can download a free reader from Adobe.


text:
And the winner is... Scene It? Box Office Smash! - Award Winners Game Add-on! Load up on questions about award-winning movies, plus a new puzzle - Pop Quiz! Over 800 new questions added to your favorite puzzles like Movie Clips, Pixel Flix, Child's Play, and more. There are no refunds for this item. For more information, see www.xbox.com/live/accounts.
Click to create and send a link using your email application


text:
Jan 8, 2013
Mexico has kicked off this year's DCM issuance, reopening its 2044 benchmark bond to raise $1.5bn. Drawing $3bn demand, the sovereign took out a large piece of its funding needs ahead of what is expected to be heavy supply and possible continued movement of US treasury rates. "One of the risks for the year is that US treasuries will move higher. High caliber issuers like Mexico are doing the right thing, tapping the 2044 bonds now and not waiting for other big issues," says...
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June 1, 2017 | Santo Domingo, Dominican Republic
Central America boasts the highest growth projections in all of LatAm, benefiting ... more
June 8-9, 2017 | Cartagena, Colombia
LatinFinance returns to Colombia to host the region's most important capital markets and investment forum ... more
June 22, 2017 | London, England
The commercial relationship between Latin America and Japan runs deep ... more
June 29, 2017 | Tokyo, Japan
As European investors continue to face a lackluster environment at home ... more
Which area will be most profitable for investment banks in LatAm in 2016?
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text:
Worldwide Locations
An interview with James Steinberg, former deputy secretary of state under President Obama.
This week's best content from Asia, courtesy of the Asia Society family.
Distinguished individuals from academia, the media, the military, the government, and the private sector provide advice for the 45th president.
The Asia Society Policy Institute president discussed Pyongyang's latest provocation in an interview with the BBC World Service.
Asia Society Executive Vice President Tom Nagorski's forecast for Asia in 2015 encompasses everything from cyber-attacks to cricket.
A year ago, Asia Society Executive Vice President Tom Nagorski offered his predictions on Asia for the year ahead. How many of them came true?
Who will follow in the footsteps of 2011 winner Aung San Suu Kyi and 2012 winner Imran Khan and take the honor for 2013? That's totally up to you.
At an Asia Society event in July, the former New Mexico governor said Rodman was "the only person" who could get Bae released from North Korean prison.
In a joint appearance at Asia Society New York, former Governor of New Mexico Bill Richardson and Ambassador Donald Gregg discuss the pivotal roles the internet and "sports diplomacy" could play in finding a peaceful resolution to the North Korean impasse.
Asia Society's Mike Kulma on possible outcomes of an American citizen's 15-years sentence for "committing hostile acts" against Kim Jong Un's regime.
©2017 Asia Society | Privacy Statement | About AsiaSociety.org | Terms & Conditions | Sitemap | Contact
Asia Society takes no institutional position on policy issues and has no affiliation with any government. All views expressed in its publications and on its website are the sole responsibility of the author or authors.


text:
Dear 11009
Short Film, 9 minutes, USA
Directed by Aaron Orullian
Lost in a world of data entry and carbon paper, a lonely office worker starts to suspect that the night worker who shares his desk is a gourmet chef. As the two begin to exchange anonymous notes and sauces on the desk between shifts, an unlikely devotion develops.
Cast: Sean Cameron, Paul Tolman, Clay McCaw, Bernadette Rivas


text:
A school in east Cornwall has been closed as police search for a 60-year-old man in the area who may be armed.
The Trenode Church of England primary school in Widegates, near Looe, was shut after police were called to a home at about 9.30pm on Thursday. Police said the call arose from a "domestic situation and it is understood one of the occupants has access to firearms".
The man was named on Friday as Derrel Weaver, from Higher Widlake Farm in Widegates. Police say it is unclear if he is armed but it is a possibility and a high police presence remains in the Widegates and wider Looe area, including firearms officers and trained local officers.
Police said the school was closed as a precaution and because armed officers were working in its vicinity.
Members of the public have also been advised to avoid the area as the search continues, and to report any suspicious activity by calling 999.
A police spokesperson said: "We do understand that this will cause some significant inconvenience for some parents and local residents and this decision was not taken lightly, but public safety is our most important concern of the school and police."
Widegates, which has a population of 500, is about four miles north of Looe, a small coastal town.


text:
Malik Shishtawi
Malik Shishtawi is Executive Director of the y2d Holding Group and the Founder and President of the Arab Social Media Forum. With over 10 years of digital marketing experience Malik has previously been CEO of SocialMyMedia Middle East and Digital Director for both Wunderman Jordan and Tribal DDB-Saudi Arabia. He also has substantial experience volunteering with a number of NGOs, both in the MENA region and in the USA and Europe.
Malik holds a BA in Computer Information Systems from Balqa Applied University, Jordan and a Diploma in Digital Social Media from the Swedish Institute, Stockholm.
As a John Smith Fellow, Malik's action plan is to expand on his experience at the Arab Social Media Forum. He plans to launch further editions of the forum in Qatar and Bahrain, as well as improve his events and further engage community members across the region.


text:
It only takes a minute to get started. Fill out our uncomplicated sign up form and login to the site.
This step is optional but will dramatically multiply your chances of people actually reading your profile and contacting you. Write a little something about yourself, your interests and attach a nice photograph of yourself.
Use our website's state-of-the-art search to spot over 60s members who suit your needs. Or just flip through listings and spot members that attract you.
Identified someone who tickles your fancy? Send a letter to them or just a wink and see what develops from there. With a little luck you'll be on your way to uncover your ideal partner.
And start dating


text:
The Old Dominion AC Profile...Team Chat
Conference: Other
Want to sponsor Old Dominion AC section? Click here NOW!
Have you located a problem with the data shown? Please go to "Past History", select the appropriate decade, then year and then report it from there.
Web & Fan sites for Old Dominion AC
Old Dominion AC Conference Changes over the years...
Old Dominion AC Championships/Crucial Games won...
The 2016 ScheduleTeam Chat
Opponent Standings for 2016 & 2015
All time records vs. Other teams
Other Standings for 2016 & 2015
Old Dominion AC Biography / HistoryTeam Chat
Old Dominion AC Statistics / Other links...Team Chat
All records are in W-L-T format. Please see the Helpful Info tab for important info on stats below.
First Game: 1893-11-18, at William and Mary (L, 4 - 14)
Overall Record: 0-1-0 (1 Games)
Record at home: 0-0-0 (0 Games)
Highest Scoring Game: at William and Mary, on 1893-11-18. Total points: 18
Biggest Victory Margin:
Biggest Defeat Margin: at William and Mary, on 1893-11-18. Final Score: 14 - 4 (10 Points)
Longest Consecutive Winning Streak: 1 Games
Longest Consecutive Losing Streak: 1 Games
Games with data that needs clarificationTeam Chat
No discernable issues with schedule.... yet!
Legend Icons and other helpful information...Team Chat


text:
TD Capital adjusts structure following parent's acquisition by CBIZ
Last July, TD Capital Management LLC effectively lost its parent when Thompson Dunavant PLC was acquired by national accounting firm CBIZ Inc.
But rather than fold up shop, the partners regrouped, restructured and set out with the goal to establish TD Capital as a firm capable of standing on its own, says TD Capital managing member Gordon Thompson.
TD Capital's ownership group shrank from 12 partners, essentially all the partners at Thompson Dunavant, to just five.
Those five now more accurately reflect the partners that have a vested interest in TD Capital's growth because the client base for the partners more align, Thompson says.
"Mutually shrinking the ownership to those actively engaged made sense," he says.
Rather than weakening the 16-year-old firm, the changes are expected to bring new opportunities and growth, say Thompson and managing director Doug Smith.
The recent sale of Morgan Keegan & Co. Inc. by parent Regions Financial Corp. to Florida-based Raymond James Financial Inc. could bring talent to help accelerate that growth, Thompson says.
Becoming less connected with Thompson Dunavant and CBIZ could be a good thing, too, they say.
"We now have the opportunity to get out of the shadow of Thompson Dunavant," Smith says.
Being in that shadow was only a deterrent to the extent it prevented other accounting firms — a major referral source for some financial advisers — from sending clients to TD Capital for fear of having clients picked off, Smith says.
"Other CPAs had reservations about being aligned with TD Capital," he says.
TD's owners are so sensitive to that relationship that there is talk of changing the firm's name, Thompson says, though he admits that is just in the earliest stage.
David Waddell, CEO of Waddell & Associates Inc., says the combination of wealth management and accounting practices can have pros and cons, as the partners at TD Capital discovered and will discover.
Being a captured subsidiary of an accounting firm can sometimes bring more referral business from the parent than independence brings from other accounting firms, Waddell says.
"We get some referrals but not an enormous amount of work from accountants," he says. "It's not a huge portion of our growth. We get most of our clients from other clients, less from CPAs."
Four years ago, the firm tried to create that sense of independence by moving TD Capital out of Thompson Dunavant into 4,000 square feet of office space a couple of floors below in Clark Tower.
Still, until the CBIZ acquisition, the two still shared some expenses, Thompson says.
Now, there's no legal connection between the two firms. The partners, which include Thompson, Smith, Steve Dunavant, Lloyd Grissinger and Robert Svoboda, are focused on growing the wealth management business, which recently returned to $400 million in assets under management.
That's a pre-recession level thanks to adding about $120 million in assets the last three years, Smith says.
"That team can focus on growing TD Capital and have the national reputation to do so," Thompson says.
The timing is also good to restructure and refocus TD Capital in light of the changing local landscape given the recent merger of Morgan Keegan and Raymond James, Thompson says.
The merger is likely to create some opportunities for TD Capital to land some talent, he says.
"Firms and individual professionals are reexamining where they see the future," Thompson says.


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INFANTE, United States Magistrate Judge.
Individual Defendants J.E. Ardell, Rob Dyer, Jon Horsley, Jon Miller, and Daniel A. Dorison ("Defendants") move to dismiss Plaintiff Silicon Knights, Inc.'s complaint for failure to state a claim upon which relief may be granted, pursuant to Rule 12(b)(6), F.R.Civ. P. For the reasons set forth below, Defendants' motion is GRANTED in part and DENIED in part.
Plaintiff Silicon Knights, a Canadian corporation, creates, designs, and develops interactive entertainment products, including video game software and related materials. Complaint ¶ 19, 20. Defendant Crystal Dynamics, a California Corporation, is engaged in the business of publishing, distributing, and developing interactive entertainment products, including video game software and related materials. ¶ 15. The individual defendants are present and former employees and officers of Crystal Dynamics: Ardell is the CEO of Crystal Dynamics; Dyer is the President of Crystal Dynamics; Horsely is the Executive Producer and Vice President of Crystal Dynamics; Dorosin is the former Senior Vice President of Business Affairs
The complaint alleges that Silicon Knights conceived, created, and developed an innovative new interactive video game entitled "Blood Omen: Legacy of Kain" ("Kain"). ¶ 13. Because Silicon Knights was not well funded and needed financial assistance to complete Kain, Plaintiff entered into negotiations with Crystal Dynamics in late 1993 to fund the development of Kain in exchange for publication rights to the game. ¶ 28. On or about January 3, 1994, the two companies signed a Letter of Intent pertaining to Kain, and signed a "Development Agreement" on February 16, 1994. Id. Under "financial duress" of which Crystal Dynamics was aware, Silicon Knights agreed to assign all of Silicon Knights' intellectual property rights in Kain, including the rights to any derivative works, to Crystal Dynamics. In return, Crystal Dynamics made two critical promises to Silicon Knights: (1) the potential of substantial later royalties from Silicon Knights' development of Kain derivative works, including Silicon Knights' right to make the first bid on any derivative works, and (2) publication credits identifying Silicon Knights as developer and originator of Kain and prominent credit as originator in connection with any and all Kain derivative works and Kain products, irrespective of who developed these works. ¶ 29, 39. Defendants Crystal Dynamics, Dorosin, and Ardell repeatedly promised Silicon Knights that Defendant would comply with these terms, and memorialized its promises of Silicon Knights' right of first bid in writing in Paragraph 5.2 of the Kain Development Agreement. ¶ 29. Additionally, Silicon Knights accepted a lower percentage of Crystal Dynamics' net revenues as its sales royalty than was standard in the industry since Defendant Crystal Dynamics was acting as both a distributer and publisher of Kain. ¶ 32.
The complaint alleges that Crystal Dynamics made these promises without intent to perform, and breached the development agreement by: (1) adding increasingly stringent requirements to Silicon Knights' duties under the Kain Development Agreement while refusing to cooperate and respond to Silicon Knights' requests for assistance, resulting in several months of delay; (2) hindering Silicon Knights' ability to meet its deadlines under the agreement; (3) withholding royalty advances at critical stages of the Kain development and refusing to account for royalties in 45-day intervals as required by the Development Agreement; (4) secretly soliciting and employing third party contractors to "shadow" Silicon Knights' efforts in producing various versions of Kain and supplying these third parties with Silicon Knights' confidential, proprietary and trade secret information in an effort to eventually supplant Plaintiff as developer of Kain; and (5) making numerous other efforts and attempts to prevent Silicon Knights from performing and/or meeting its purported deadlines and duties under the Agreement. ¶ 40, 44, 45.
The complaint also alleges that Crystal Dynamics further breached its agreement with Silicon Knights in the Fall of 1996 by selling certain rights to Kain and all Kain derivative works to Activision for approximately $2 million dollars. ¶ 61. By entering into this agreement with Activision, Defendant abdicated its agreed role as publisher on the Kain project, which decreased the revenues payable to Silicon Knights to as little as 1/4 of the originally promised amount. ¶ 64. Defendant did grant Plaintiff a higher royalty percentage to compensate for the fact that Crystal Dynamics would not distribute Kain in a November 20, 1996 modification of the Kain Development Agreement. However, Crystal Dynamics failed to advise Silicon Knights of several aspects of the CD-Activision deal, including, but not limited to the fact that Activision would be taking over both the publication and distribution of Kain, and that Crystal Dynamics had fraudulently substituted itself as "developer" for Kain in the CD-Activision deal, which eliminated the potential for derivative work revenues to Silicon Knights as developer of any future Kain works. ¶ 67. Although Crystal Dynamics intended to exit the software publishing business
Although Crystal Dynamics represented itself as developer of Kain and the derivative Kain II, Activision was allegedly displeased with Crystal Dynamics' work and approached other developers, including Silicon Knights, for potential assistance on the artwork for Kain II. Activision and Silicon Knights apparently entered into an agreement whereby Plaintiff would provide artwork for the game. Upon learning of this potential re-entry of Silicon Knights into Kain development, Defendants made false, misleading, and commercially disparaging statements about Silicon Knights' technical abilities and Silicon Knights' involvement in the creation and development of Kain to Activision and others in the video game industry. ¶ 76.
Crystal Dynamics also directly and indirectly solicited Silicon Knights' employees to leave and either join Crystal Dynamics or start one or more companies in competition with Silicon Knights to cripple and prevent Silicon Knights from performing its obligations under the SK-Activision Contract, to enable Crystal Dynamics to meet Activision's standards, and to develop derivative works on terms more favorable to Crystal Dynamics than the Kain Development Agreement. ¶ 80. These actions also induced Silicon Knights' employees to breach their non-disclosure and non-competition agreements with Plaintiff. ¶ 78, 81.
On July 3, 1997, Plaintiff filed a complaint against Defendant Crystal Dynamics seeking, inter alia, rescission or reformation of the contract and damages for breach of contract. Additionally, the complaint asserts the following claims against Defendant Crystal Dynamics and some or all of the Individual Defendants: Statutory Unfair Competition, pursuant to Cal. Bus & Prof. C. § 17200 & 17500 et seq.; Common Law Unfair Competition; Intentional Interference with Contractual Relations with Silicon Knights' former employees; Intentional Interference with Contractual Relations with Activision; Intentional Interference with Prospective Economic Advantage with Activision; International Interference with Prospective Economic Advantage (generally); Negligent Interference with Economic Advantage (generally); Defamation and Commercial Disparagement; Fraud; and Negligent Misrepresentation.
Pursuant to Rule 12(b)(6), F.R.Civ.P., a complaint may be dismissed for failure to state a claim upon which relief can be granted. For purposes of evaluating a motion to dismiss, the complaint is construed in the light most favorable to plaintiff and its allegations are taken as true. Abramson v. Brownstein, 897 F.2d 389, 391 (9th Cir.1990). However, the court need not accept as true conclusory allegations or legal characterizations cast in the form of factual allegations. Western Mining Council v. Watt, 643 F.2d 618, 624 (9th Cir.1981), cert. denied, 454 U.S. 1031, 102 S.Ct. 567, 70 L.Ed.2d 474 (1981). Dismissal can be based on either the lack of a cognizable legal theory or the absence of sufficient facts alleged under a cognizable legal theory. Balistreri v. Pacifica Police Dep't, 901 F.2d 696, 699 (9th Cir.1988); Robertson v, Dean Witter Reynolds, Inc. 749 F.2d 530, 533-34 (9th Cir.1984). The court may not consider matters outside the pleadings in ruling on a motion pursuant to Rule 12(b)(6). Rule 12(b)(6), F.R.Civ.P. However, the court may consider "the complaint and `documents whose contents are alleged in the complaint and whose authenticity no party questions, but which are not physically attached to the pleading.'" In re Syntex Corp. Securities Litigation, 95 F.3d 922, 926 (9th Cir.1996).
A complaint should not be dismissed under Rule 12(b)(6) "unless it appears beyond
As to those portions of a complaint which the court finds do not state a claim for relief, leave to amend is ordinarily given freely. Fed.R.Civ.P. 15(a). A complaint or any claim in it should be dismissed without leave to amend only if the deficiencies of the complaint cannot possibly be cured by amendment. Doe v. United States, 58 F.3d 494, 497 (9th Cir.1995).
A. The allegations are sufficient to allege that Individual Defendants' directed the alleged wrongful acts.
In addition to challenging each claim asserted against the Individual Defendants on various substantive grounds, Individual Defendants challenge all claims asserted against them in the complaint on the grounds that personal liability cannot be conferred upon them based solely upon their roles as employees and officers of Crystal Dynamics, and that the complaint fails to allege any facts upon which Individual Defendants could be found personally liable for the claims asserted against them. Silicon Knights opposes this position, contending that the complaint alleges various fraudulent statements made by specific defendants, and that the complaint contains "detailed allegations ... regarding the Individual Defendants' positions of control and authority at Crystal Dynamics, as well as the fact that each of the named defendants directed, controlled, participated in, or executed all, or virtually all, of the torts alleged in the complaint." Silicon Knights' Opposition to Amended motion to Dismiss Defendants Ardell, et al. ("Opposition"), p. 5:1-3.
As asserted by Plaintiff, under California law, "[d]irectors or officers of a corporation do not incur personal liability for the torts of the corporation merely by reason of their official position, unless they participate in the wrong or authorize or direct that it be done. They may be liable, under the rules for tort and agency, for tortious acts committed on behalf of the corporation. [Cites.]" United States Liability Ins. Co. v. Haidinger-Hayes. Inc., 1 Cal.3d 586, 595, 83 Cal.Rptr. 418, 423, 463 P.2d 770, 775 (1970); See, also, Wyatt v. Union Mortgage Co.,, 24 Cal.3d 773, 785, 157 Cal.Rptr. 392, 399, 598 P.2d 45, 51-52 (1979).
Pursuant to Rule 8(a)(2), F.R.Civ.P, a complaint must contain a "short and plain statement of the claim showing that the pleader is entitled to relief ..." To assert claims against individual defendants, a complaint must contain allegations indicating how the defendant violated the law or injured the plaintiff in order to survive a motion to dismiss. Morabito v. Blum, 528 F.Supp. 252, 262 (S.D.N.Y.1981); Messina v. Mazzeo, 854 F.Supp. 116 (E.D.N.Y.1994). Rule 8(a)(2) does not require that the complaint set forth a "defendant's precise role in the injurious conduct," but that defendants be "put on notice as to the nature of the allegations against them" and "their relationship to the actions at issue in the case." Messina, supra., 854 F.Supp. at 126.
Consequently, "courts have consistently held that, where the complaint names a defendant in the caption but contains no allegations indicating how the defendant violated the law or injured the plaintiff, a motion to dismiss in regard to that defendant should be granted." Morabito v. Blum, 528 F.Supp. 252, 262 (S.D.N.Y.1981); See also, Alfaro Motors. Inc. v. Ward, 814 F.2d 883, 886 (2nd Cir.1987) ("Although the caption of appellants' complaint names as defendants Benjamin Ward, Police Commissioner of the City of New York, and Anthony Savarese, a sergeant in the New York City Police Department, the complaint is entirely devoid of any allegations of their personal involvement in denying appellants either a prompt hearing or the additional medallions sought. Having failed to allege, as they must, that these defendants were directly and personally responsible for the purported unlawful conduct, their complaint is `fatally defective' on its face."); and Kirkland v. Bianco, 595 F.Supp. 797, 799-800 (S.D.N.Y.1984) (dismissing individual defendants from complaint where defendants were named in the caption, but the complaint provided no basis to ascertain how
Courts have denied motions to dismiss a complaint against individual defendants where the complaint alleged that all defendants engaged in the alleged tortious acts, although the complaint did not set forth the specific acts committed by each defendant. Brook v. Thornburgh, 497 F.Supp. 560 (E.D.Pa.1980); Messina v. Mazzeo, supra., 854 F.Supp. at 127.
In this case, the complaint goes beyond merely identifying the Individual Defendants in the caption, but sets forth their respective positions within the corporation and alleges that "Crystal Dynamics acted by and through the other individual Defendants named herein" in "committing the fraudulent and otherwise wrongful actions alleged herein ..." Complaint ¶ 2. This allegation, coupled with specific acts of fraud and misconduct alleged throughout the complaint, is sufficient to inform individual defendants of their "relationship to the actions at issue in the case" and the basis of their alleged liability for the tort claims alleged in the complaint.
B. Fifth and Sixth Causes of Action for Intentional Interference with Contractual Relations with Silicon Knights' Former Employees and Activision
Individual Defendants contend that the complaint fails to allege sufficient facts to state a claim for Intentional Interference with Contractual Relations of Silicon Knights' contracts with either Activision or Silicon Knights' former employees. First, Defendants contend that the complaint fails to allege any action taken by Crystal Dynamics that "goes beyond the acceptable bounds of conduct in business rivalry" and "certainly no grounds for personal liability on the part of the individual defendants." Second, Defendants contend that the complaint fails to allege any specific facts showing that Silicon Knights had a duty not to do any business with any third parties for video game development, including Keyframe, or that the complaint alleges any facts to show Individual Defendants' specific intent to cause the breach or disruption of Silicon Knights' contracts with its former employees or Activision.
Plaintiff asserts that Defendants' contention that their acts were "within the acceptable bounds of business rivalry" goes to the merits, and not the sufficiency, of the complaint. Plaintiff also contends that the complaint alleges sufficient facts to show that Defendants' acts went beyond the realm of legitimate business purposes.
The following elements state a claim for intentional interference with contractual relationship under California law: "(1) a valid contract between plaintiff and a third party; (2) defendant's knowledge of this contract; (3) defendant's intentional acts designed to induce a breach or disruption of the contractual relationship; (4) actual breach or disruption of the contractual relationship; and (5) resulting damage." Pacific Gas & Electric Co. v. Bear Stearns & Co., 50 Cal.3d 1118, 1126, 270 Cal.Rptr. 1, 4, 791 P.2d 587, 590 (1990).
The complaint sufficiently alleges facts necessary to establish a claim for tortious interference with Silicon Knights' contracts with its former employees. The complaint alleges that Plaintiff had a non-disclosure agreement with a former employee, Cranford, with respect to any confidential information Cranford received during his employment with Silicon Knights, as well as non-competition agreements with former employees Green, Ryan, and Cranford with respect to work performed on behalf of Silicon Knights on Kain. Complaint ¶ 78. Additionally, "Ryan had been designated in a `Keyman Clause' as part of [a] recent development agreement which Silicon Knights had itself made with Activision for artwork on a game called `Zork Grand Inquisitor.'" Complaint ¶ 79. The complaint alleges that Defendants Crystal Dynamics, Ardell, Dyer, Miller, and Horsely knew of the employees' agreements with Silicon Knights (Complaint ¶ 122), and that "Crystal Dynamics and one or more of the other individual Defendants began soliciting Silicon Knights' employees ... to leave Silicon Knights, for the purposes of: (1) crippling Silicon Knights; (2) preventing Silicon Knights from performing its obligations under
Pursuant to Rule 9(c), F.R.Civ.P., a complaint may generally aver malice, intent, knowledge, "and other condition of mind of a person." Therefore, Plaintiff's general allegations of Crystal Dynamics' knowledge of the underlying contracts, and its wrongful intent in interfering with the employees' contractual relationships with Silicon Knights is not fatal to the complaint.
The affirmative defense of "competitive privilege" is not apparent on the face of the complaint. The complaint does not merely allege that Crystal Dynamics' business relationship with Plaintiffs' former employees was wrongful. Instead, the complaint alleges that Crystal Dynamics intentionally interfered with Silicon Knights' contractual relations with its former employees, including non-competition and non-disclosure agreements, by inducing them to form a company that directly competed with Silicon Knights on the Kain project, for the purposes of improving its competitive position at the expense of the Silicon Knights. It is the act of inducing or interfering with the contract with an improper motive, and not the later act of dealing with the party who breached the contract, that underlies the tort. DeVoto v. Pacific Fid. Life Ins., 618 F.2d 1340, 1348 (9th Cir., 1980). The complaint satisfies Rule 8(a) requirements of setting forth "a short and plain statement of the claim showing that the pleader is entitled to relief" with respect to the Fifth Cause of Action for Intentional Interference with Contractual Relations: Contracts with Cranford, Green, and Ryan.
Although the Sixth Cause of Action contains similar allegations, the complaint does not satisfy Rule 8(a) requirements since there are no facts from which the court or defendants can infer that Silicon Knights' contract with Activision was actually disrupted or impeded, or that Silicon Knights suffered any damages as a result of Defendants' actions. All that can be inferred from the complaint is that Crystal Dynamics lured Ryan away from his employment with the wrongful intent of impeding or interfering with the Activision contract.
Therefore, for the forgoing reasons, Defendants' motion to dismiss the Fifth Cause of Action for Interference with Contractual Relations as to Silicon Knights' former employees is DENIED, and Defendants' motion to dismiss the Sixth Cause of Action for Interference with Contractual Relations as to Activision is GRANTED with leave to amend.
C. Seventh and Eighth Claims for Intentional Interference with Economic Relations
Defendants object to Plaintiff's claims for interference with prospective economic advantage with Activision (seventh claim) and other third parties (eighth claim), on the same basis asserted in their motion to dismiss
Plaintiff asserts that the complaint alleges interference with Silicon Knights' work on Kain II with Activision (seventh claim) and that the "[c]omplaint again lays out (among other injuries) three specific Silicon Knights business relationships which the Individual Defendants have injured: Microsoft, Activision, and 3DO." Opposition, p. 13:10-14. Plaintiff further contends that "any sensible reading of the Complaint in this action demonstrates abundant independently `wrongful' conduct by the Individual Defendants within the meaning of Della Penna" including misappropriation of trade secrets
To support a cause of action for interference with prospective economic advantage, the following elements must be established: "(1) the existence of a specific economic relationship between [plaintiff] and third parties that may economically benefit [plaintiff]; (2) knowledge by the [defendants] of this relationship; (3) intentional acts by the [defendants] designed to disrupt the relationship; (4) actual disruption of the relationship; and (5) damages to the [plaintiff]." Rickards v. Canine Eye Registration Foundation, Inc., 704 F.2d 1449, 1456 (9th Cir.1983). The California Supreme Court has also stated that a plaintiff seeking to recover for alleged interference with prospective economic relations has the burden of pleading and proving that the defendant's interference was wrongful "by some other measure beyond the fact of interference itself." Della Penna v. Toyota Motor Sales, U.S.A., Inc., 11 Cal.4th 376, 392, 45 Cal.Rptr.2d 436, 902 P.2d 740 (1995); LiMandri v. Judkins, 52 Cal.App.4th 326, 342, 60 Cal.Rptr.2d 539 (1997), reh/rev denied, April 16, 1997.
"The law precludes recovery for overly speculative expectancies by initially requiring proof the business relationship contained `the probability of future economic relationship.' (Youst v. Longo (1987) 43 Cal.3d 64, 71, 233 Cal.Rptr. 294, 729 P.2d 728).".Westside Center Associates v. Safeway Stores 23, Inc., 42 Cal.App.4th 507, 522, 49 Cal.Rptr.2d 793, 803 (1996). In Westside, the court held that the requirement that the plaintiff plead and prove that a business relationship contained the "probability of future economic benefit" to the plaintiff precluded application of the tort to "hypothetical relationships" not developed at the time of the allegedly tortious acts. See, also, Roth v. Rhodes, 25 Cal.App.4th 530, 546, 30 Cal.Rptr.2d 706, 715 (1994) (podiatrist denied space in defendants' medical building could have not existing relationship with speculative "future patients.")
As stated above, the complaint fails to assert facts sufficient to support a claim for intentional interference with prospective economic relationship with Activision since there is no factual allegation in the complaint that Silicon Knights' relationship with Activision was actually disrupted as a result of Crystal Dynamics and Individual Defendants' acts of inducing Silicon Knights' former employees to leave Plaintiff's employ, or what damages, if any, were incurred by Silicon Knights as a result of these acts.
With respect to the eighth claim for intentional interference with prospective economic relationship, the complaint fails to allege an economic relationship with any third party containing the probability of future economic benefit to the plaintiff. The complaint alleges that "Defendants have knowingly, intentionally, wrongfully, and maliciously, expressly and impliedly, misrepresented
There are no allegations in the complaint from which the court or defendants could infer the probable disruption of an actual economic relationship by means of alleged defamatory statements of the individual defendants or by means of Crystal Dynamics' statement that it developed Kain. The complaint does not allege that Silicon Knights was in the midst of negotiations with 3DO, Microsoft, or any other publisher, and that the third party pulled out of the negotiations or awarded business to another because of these alleged acts by Defendants. Moreover, allegations that Defendants' undisclosed statements caused potential customers not to buy Silicon Knights' video game software asserts the type of speculative economic relationship disapproved of in Westgate. Even if interference with potential customers is a legitimate basis for tortious interference with economic relations, the complaint alleges only conclusory statements and no facts in support of its contention that it lost potential customers. For example, there is no allegation that sales of a particular software product identified with Silicon Knights decreased after these alleged statements were made by Crystal Dynamics.
Therefore, Defendants' motion to dismiss the seventh and eighth claims for intentional interference with economic relations is GRANTED with leave to amend.
D. Ninth Claim for Negligent Interference with Prospective Economic Advantage
Defendants contend that the claim for negligent interference with prospective economic advantage fails for the same reasons set forth above, i.e., the complaint contains only speculative allegations of economic relationships. Defendants also assert that the complaint fails to state a claim upon which relief can be granted since Silicon Knights has not, and cannot, allege any contractual or statutory duty, or special relationship between Individual Defendants and Plaintiff that give rise to a duty of care. Defendants assert in their reply brief that the action is based upon an "unenforceable alleged oral agreement between Silicon Knights and Crystal Dynamics."
Plaintiff contends that "[a]s shown throughout the Complaint, the Individual Defendants' course of dealings established ... a fiduciary relationship." Opposition, p. 15. Plaintiff apparently is asserting that Defendants' alleged fraud and misrepresentation, and the foreseeability of harm these acts would cause to Silicon Knights, created a "special relationship" between Individual Defendants and Silicon Knights.
Plaintiff's cause of action for negligent interference with economic relations fails to state a claim since the complaint does not allege the existence of a specific economic relationship between Crystal Dynamics and third parties that could have economically benefitted Silicon Knights but for Individual Defendants' wrongful conduct. Moreover, the complaint fails to allege any duty that Defendants owed to Plaintiff to refrain from taking the alleged actions. Plaintiff cites no authority for its contention that a wrongful act by a defendant, without more, constitutes a "special relationship" for which a defendant may be held liable for negligent interference with prospective economic advantage. If this were the state of the law, then any claim for negligent interference with prospective economic advantage would necessarily be subsumed within the tort of intentional interference with economic relations, and the requirement of a "special relationship" or other duty would be meaningless.
Therefore, Individual Defendants' motion to dismiss the Ninth Cause of Action for Negligent Interference with Economic Advantage is GRANTED with leave to amend.
E. Tenth Claim for Defamation and Commercial Disparagement
Individual Defendants contend that the tenth cause of action for defamation fails because the complaint does not identify any defamatory matter expressed or conveyed by the Individual Defendants and that the complaint contains no allegation of special damages. Defendants also contend that the only defamatory matter specified in the complaint and set forth in exhibits A and B cannot be construed as defamatory statements.
In its opposition, Silicon Knights does not contend that statements contained in the exhibits to the complaint are defamatory. Instead, Plaintiff contends that the complaint "identifies a number of other specific defamatory and disparaging statements made by the Individual Defendants, including false statements about Silicon Knights' original development of Kain (Complaint ¶ 21), similar false statements about Silicon Knights' technical capabilities and ability to deliver products in a timely fashion (Complaint ¶ 76), and specific statements by at least Defendant Dyer to employees of Microsoft concerning similar issues (Complaint ¶ 91)." Opp., p. 16. Plaintiff also asserts that allegations of special damages are not necessary since the statements are defamatory on their face.
The statements in the complaint identified as defamatory by Plaintiff include the allegation that Crystal Dynamics has refused to give proper originator and developer credit for Kain (¶ 21); that Defendants engaged in wrongful conduct by "making false, misleading, and commercially disparaging statements about Silicon Knights' involvement in the creation and development of Kain to Activision (and others in the video game industry)" (¶ 76); and by making "false and defamatory statements to several of Silicon Knights' customers, prospective customers, industry associates and the public regarding: (a) the quality and reliability of Silicon
"The words constituting a libel or slander must be specifically identified, if not plead verbatim." Chabra v. S. Monterey County Memorial Hospital Inc., 1994 WL 564566, *6 (N.D.Cal.1994), citing Kahn v, Bower, 232 Cal.App.3d 1599, 284 Cal.Rptr. 244, 252, fn. 5, reh/rev denied (1991). While the exact words or circumstances of the slander need not be alleged to state a claim for defamation, the substance of the defamatory statement must be alleged. Okun v. Superior Court (Maple Properties), 29 Cal.3d 442, 458, 175 Cal.Rptr. 157, 167, 629 P.2d 1369, 1379 (1981) The complaint contains only general allegations of the defamatory statements and does not identify the substance of what was stated by the Defendants. Further, as currently alleged, the statements appear to be expressions of opinion rather than factual assertions. Id.
Therefore, Individual Defendants' motion to dismiss the Tenth Claim for Defamation is GRANTED with leave to amend.
F. Thirteenth and Fourteenth Claims for Fraud and Negligent Misrepresentation
Individual Defendants contend that Silicon Knights' allegations of fraud and negligent misrepresentation are refuted by the express terms of the Kain Development Contract and written amendments. Defendants contend that Plaintiff's failure to attach copies of the relevant agreements at issue, while omitting material terms, renders the complaint subject to dismissal. Defendants contend that the Development Agreement does not prohibit or restrict Crystal Dynamics from entering into any agreement with Activision or any third party concerning the distribution, marketing, or sales of Kain. Even if there were such an agreement, Defendants contend that the Amendment to the Development Agreement, dated November 20, 1996, expressly released any possible liability for Crystal Dynamics' transfer of Kain distribution rights to Activision, in exchange for an increase in Silicon Knights' royalty percentage to 42.8%. Defendants also contend that the allegations of fraud are not stated with particularity, as required by Rule 9(b), F.R.Civ.P.
Plaintiff contends that the November 20, 1996 amendments cited by Defendants only release Crystal Dynamics from liability with respect to the CD-Activision deal, and that several additional grounds for liability of the Individual Defendants are alleged in the complaint. Plaintiff also contends that this release was procured from Silicon Knights by fraud, misrepresentation, and other wrongful conduct of the Individual Defendants and Crystal Dynamics.
Plaintiff does not assert the substance of any of alleged fraudulent statements and/or omissions in its thirteenth and fourteenth claims for fraud and negligent misrepresentation. Instead, the alleged fraudulent statements and omissions are scattered throughout the complaint's "common factual allegations."
Among the fraudulent statements and/or omissions made by Crystal Dynamics and Individual Defendants that form the basis for the fraud and negligent misrepresentation claims are that Crystal Dynamics induced Silicon Knights to enter into the Development Agreement by promising potential substantial later royalties from Silicon Knights' development of Kain derivative works and publication credits identifying Silicon Knights as developer of Kain. The complaint alleges that Defendants Crystal Dynamics, Dorosin, and Ardell repeatedly promised Silicon Knights that Crystal Dynamics would comply with both of these terms, but that "it now appears that Crystal Dynamics never had any intention of keeping those promises ..." Complaint ¶ 29, 30. The complaint also alleges that Silicon Knights entered the agreement which gave it a smaller percentage of royalties since Crystal Dynamics represented to Silicon Knights that Crystal Dynamics would be both publisher and distributor of Kain, and that Plaintiff would stand to make a greater profit from Kain. Complaint ¶ 32. To induce Silicon Knights to enter into the
The alleged fraudulent statements are not plead in compliance with Rule 9(b) F.R.Civ.P. Rule 9(b) requires that "[i]n all averments of fraud or mistake, the circumstances constituting fraud or mistake shall be stated with particularity." To satisfy this heightened pleading requirement, the complaint must "state the time, place, and specific content of the false representations as well as the identities of the parties to the misrepresentation." Advanced Cardiovascular Systems v. Medtronic, Inc., 41 U.S.P.Q.2d 1770, 1775 (N.D.Cal.1996) (quoting Schreiber Distributing v. Serv-Well Furniture Co., 806 F.2d 1393, 1401 (9th Cir.1986)). The Ninth Circuit has stated that "allegations of fraud [must be] specific enough to give defendants notice of the particular misconduct which is alleged to constitute the fraud charged so that they can defend against the charge and not just deny that they have done anything wrong." Chiron Corp. v. Abbott Laboratories., 156 F.R.D. 219, 222 (N.D.Cal.1994), quoting Neubronner v. Milken, 6 F.3d 666, 671 (9th Cir.1993).
None of the complaint's allegations of fraud state the time, place and manner of the alleged misrepresentations. Furthermore, only a few of the alleged misrepresentations identify the person who made the statement. Since fraud must be alleged in particularity, a general allegation that all Individual Defendants directed that the alleged fraudulent statements be made is insufficient to assert liability upon persons who did not make the statements. Additionally, there are no allegations upon which the Individual Defendants could be held personally liable for alleged omissions of material facts, since only Crystal Dynamics was a party to the alleged contract.
Therefore, Defendants' motion to dismiss the Thirteenth and Fourteenth Claims for Fraud and Negligent Misrepresentation is granted with leave to amend. Should Plaintiff decide to amend the complaint, all elements of fraud, including the time, place, manner and identity of the person making the fraudulent statements, shall be stated within the claim itself and not merely incorporated by amendment.
G. Third and Fourth Claims for Statutory Unfair Competition and Common Law Unfair Competition
Individual Defendants contend that Plaintiff has failed to state any facts to support its claim for statutory unfair competition or common law unfair competition, Claims HI and IV, asserting that the claims consist of "nothing but conclusory allegations of fraud, misappropriation of trade secrets, and equally vague claims of interference with business relations." Memorandum of Points and Authorities in Support of Motion to Dismiss Individual Defendants, p. 6:7-14. Defendants also assert that the complaint fails to identify any trade secrets proprietary to Silicon Knights that Crystal Dynamics misappropriated, and that all intellectual property rights in Kain were transferred to Crystal Dynamics, pursuant to agreement between the parties. Defendants also contend that the unfair competition claim cannot rest upon the Crystal Dynamics-Activision Deal since
Relying solely upon the rest of the claims in the complaint, Plaintiff asserts that "the Complaint does contain an abundance of factual detail regarding the conduct of the Individual Defendants, and any assertion that the Complaint does not allege any `wrongful' or `unlawful' conduct within the meaning of Cal. Bus. & Prof Code § 17200 is patently defeated by any reading of the Complaint." (Opposition, p. 10.)
A plaintiff alleging unfair business practices under the unfair competition statutes "must state with reasonable particularity the facts supporting the statutory elements of the violation." Khoury v. Maly's of California, 14 Cal.App.4th 612, 619, 17 Cal.Rptr.2d 708, 712 (1993). Since most of Plaintiff's causes of action fail to state claims for relief against Individual Defendants, there is no underlying basis for the unfair competition claims as alleged against these Defendants. Moreover, allegations based upon misappropriation of trade secrets fail to identify the "fraudulent circumstances under which these trade secrets where disclosed" or how Crystal Dynamics' possession or use of source code, game engines and "other source materials" is wrongful when the Development Agreement grants to Crystal Dynamics all rights in the ownership and derivative works.
Therefore, Defendants' motion to dismiss the Third and Fourth Claims for Unfair Competition is GRANTED with leave to amend.
For the reasons set forth above, Individual Defendants' motion to dismiss Plaintiffs' complaint is GRANTED IN PART AND DENIED IN PART as follows:
1. The complaint's allegations that Individual Defendants' directed the alleged wrongful acts is sufficient to assert liability of the Individual Defendants under Rule 8(a)(2), F.R.Civ.P., general pleading requirements, but is not sufficient to assert liability against individual defendants for the fraud and negligent misrepresentation claims, which are subject to a heightened pleading requirement pursuant to Rule 9(b).
2. Individual Defendants' motion to dismiss the Fifth Claim for Interference with Contractual Relations as to Silicon Knights' former employees is DENIED.
3. Individual Defendants' motion to dismiss the Third and Fourth Claims for Statutory and Common Law Unfair Competition, Seventh Claim for Interference with Prospective Economic Advantage with Activision, Eighth Claim for Interference with Prospective Economic Advantage with other third parties, Ninth Claim for Negligent Interference with Prospective Economic Advantage, Tenth Claim for Defamation and Commercial Disparagement, Thirteenth Claim for Fraud, and Fourteenth Claim for Negligent Misrepresentation is GRANTED with leave to amend.
Plaintiff may file and serve an amended complaint within 30 days.


text:
David Ayer gives cop genre new twist with "End of Watch"
By Zorianna Kit
LOS ANGELES (Reuters) - Before he became a successful director, David Ayer was best-known for writing the 2001 crime thriller "Training Day," which won actor Denzel Washington an Academy Award for portraying a corrupt Los Angeles police officer.
Since then, Ayer has moved up to directing gritty films centered around the Los Angeles Police Department, including "Harsh Times" starring Christian Bale and "Street Kings" with Keanu Reeves.
On Friday, Ayer's latest movie, "End of Watch," which he also wrote, opens in U.S. theaters. It portrays Los Angeles police officers in a more noble light, and stars Jake Gyllenhaal and Michael Pena as dedicated cops who are depicted going about their daily lives at work and at home.
Ayer talked with Reuters about his new movie, how it differs from his previous films and why he is secretly jealous of police officers.
Q: What made you decide to forgo police corruption and show the good guys on the force?
A: "Unfortunately for most people, when law enforcement enters our lives it's in a negative context - traffic tickets, or something bad has happened and we need help. We tend to only see cops at the worst times and never in the best of times. I have a lot of friends who are cops and I wanted to (show the positive side). This film is about two best friends and it shows what it's like to work the streets in a way few films have done before."
Q: Apparently you're a bottomless pit for cop stories. Where did the inspiration come from for this particular angle?
A: "I've always been struck by how cops would see heinous events on the streets and then have to go home and be a dad, a husband, and not bring the streets home. I was amazed by their ability to do that and thought there was great nobility in that." Continued...


text:
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The leading industry association's handbook for going green in the kitchen and bath Kitchen & Bath Sustainable Design is the National Kitchen and Bath Association's complete guide to "greening" these important rooms. The first book to focus exclusively on kitchen and bath sustainability, this full color guide covers every consideration for... more...
Designing and Building Model Railway BaseboardsCrowood 2015; US$ 29.99
Model railway baseboards are like the foundations of a house, and failure to build a rigid baseboard that has no movement will inevitably lead to problems. Accordingly, this invaluable, well-illustrated book is essential reading for all those who wish to be guided through the potential pitfalls of making a baseboard and who require practical information... more...
Van Gogh DrawingsDover Publications 2012; US$ 8.95
Choice drawings ? from early impressions of peasant life to studies for Starry Night , other masterpieces. 44 black-and-white illustrations. Captions. more...
The Teacher MonologuesSensePublishers 2014; US$ 39.17
This book examines the experiences of four Conservatory style trained actors, who go onto complete teacher education programs. In keeping with a/r/tography this research uses social science methods and creative methods of data collection. Interviews and reflective writing about the participant?s educational and experiential backgrounds are complimented... more...
Collecting Gadgets and Games from the 1950s-90sPen and Sword 2011; US$ 8.99
Daniel Blythe takes a trip down memory lane with his first book for Remember When, focusing on toys, games and gadgets from our youth; from Simon to the ZX Spectrum, from the Walkman to the boom-box, from the Bat mobile to Bond's Aston Martin and the TARDIS. From gadgets everyone had to those they desired to own, this is the book on big boys... more...


text:
SailNet Community (http://www.sailnet.com/forums/)
- Crew Wanted/Available (http://www.sailnet.com/forums/crew-wanted-available/)
- - female crew avail. 1/2004 (http://www.sailnet.com/forums/crew-wanted-available/8178-female-crew-avail-1-2004-a.html)
female crew avail. 1/2004
I am a beginner looking to crew on a sailboat beginning Jan 2004. Any advice on when I should start looking and where? Is anyone seeking crew at that time and willing to take on a beginner?
female crew avail. 1/2004
54 Attachment(s)
Join a local sailing club and learn how to sail, and everything can follow from that...
Good luck.
female crew avail. 1/2004
Contact me at above address if you are serious.
female crew avail. 1/2004
I am serious -
I am looking to crew this winter/spring - I am a beginner with minimal sailing experience and want to learn as much as possible about sailing and I want to travel.
female crew avail. 1/2004
Will be in the Caribbean by then. If you''re serious you may consider flying over. I am leaving from Jacksonville FL late Nov. Then sometime early spring leaving the area to go around.
Contact me if interested. Can''t promise the position would still be open then.
female crew avail. 1/2004
I am heading south near the end of this month
I have a friend (another guy) sailing with me
we have both logged alot of miles (we are both Captains) but to be honest I get tired of looking at him a putting up with his cooking. Also onboard is my black male cat Scalawag. I plan to sail the keys and the Bahamas this winter, but will be laying over in Miami of about a month.
Anyway if you are interested in comming along
get a hold of us and tell us a little more about yourself and your skills (other that sailing) ie can you cook, can you swim, do you have a sence of humor and do you still like men, or atleast small animals??
Captain Tim
Yacht Ms. Beaujolais
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text:
"In order to carry a positive action
we must develop here a positive vision."
–Dalai Lama
"Once you replace negative thoughts with positive ones,
you'll start having positive results".
–Willie Nelson
"To be kind, honest and have positive thoughts; to forgive those who harm us and treat everyone as a friend. To help those who are suffering and never consider ourselves superior to anyone else; even if this advice seems rather simplistic, make the effort of seeing whether be following it you can find greater happiness."


text:
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La Plage Casadelmar is first and foremost about the beach. It is also a hotel with a holiday home feel nestling in an unspoiled natural setting. The hotel offers 15 luxury rooms decorated with bright simplicity offer the essential elements with no unnecessary frills.
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Todd Francis - Juxtapoz July 2014 Issue #162
Click HERE for the full article in JUXTAPOZ Issue #162, featuring the almighty, Todd Francis!
[o] by: Amber B. Dianda
kenny forever
solitary arts
mini skate shop is open
jef hartsel bob lake geoff mcfetridge
is jef hartsel and jay adams
interviews yong-ki chang
our advertisements
in magazines
bob lake
geoff mcfetridge
equal dist. is
yong-ki chang
in the bay area
champion don't stop
is geoff mcfetridge
in atwater village


text: 20,000 years before, our planet is entering an ice age. All kinds of animals begin immigrating to the south, seeking more warm climates. Sid, a sloth who never stops talking is left behind sleeping while everyone else begins the journey to the south. Awaking, he meets Manny, a mammoth who travels to the north, and decides to follow him. When a humans camp is attacked by tigers, a woman takes her baby and jumps on a river. Before she drowns, the baby is rescued by Manny and Sid. The two animals decide to search for the father and return the baby to him. Diego, one of the tigers that attacked the humans, comes also claiming the baby. http://www.imdb.com/title/tt0268380/ Links Code: http://rapidshare.com/files/107315481/1x.1c3_I.1x-koi.part1.rar http://rapidshare.com/files/108453183/1x.1c3_I.1x-koi.part2.rar http://rapidshare.com/files/108488824/1x.1c3_I.1x-koi.part3.rar http://rapidshare.com/files/108503899/1x.1c3_I.1x-koi.part4.rar http://rapidshare.com/files/108517463/1x.1c3_I.1x-koi.part5.rar http://rapidshare.com/files/108530928/1x.1c3_I.1x-koi.part6.rar http://rapidshare.com/files/108543052/1x.1c3_I.1x-koi.part7.rar http://rapidshare.com/files/108545560/1x.1c3_I.1x-koi.part8.rar Manny, Sid, and Diego are currently living in a large valley surrounded by an enormously high ice wall on all sides. When a water park begins to form, the trio discovers that the ice wall is actually a wall that is barely holding a massive body of water that could flood the valley to nearly a mile underwater. A vulture tells them that there is a boat at the other end of the valley that may save them all, but they only have 3 days to make it or die. Manny is having trouble facing the fact that he may be the last mammoth left. Along the way, they meet Ellie, a mammoth who thinks she is a possum, and her possum brothers Crash and Eddie. As they begin to travel together, Manny learns, with help from Diego and Sid, that having this new mammoth with them, may not be as bad as Manny makes it out to be while they try to escape the oncoming and continually threatening flood. During their journey, Scrat the sabre-toothed squirrel has his own hilarious adventures that eventually leads to something else entirely. http://www.imdb.com/title/tt0438097/ Links Code: http://rapidshare.com/files/108558338/1x.1c3_II.1x-koi.part1.rar http://rapidshare.com/files/108569506/1x.1c3_II.1x-koi.part2.rar http://rapidshare.com/files/108580683/1x.1c3_II.1x-koi.part3.rar http://rapidshare.com/files/108590524/1x.1c3_II.1x-koi.part4.rar http://rapidshare.com/files/108602504/1x.1c3_II.1x-koi.part5.rar http://rapidshare.com/files/108610704/1x.1c3_II.1x-koi.part6.rar http://rapidshare.com/files/108618504/1x.1c3_II.1x-koi.part7.rar http://rapidshare.com/files/108620354/1x.1c3_II.1x-koi.part8.rar


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DLF Magnolias is an elite apartment community located in Gurgaon's upscale Golf Course neighbourhood, in Sector 42 Gurgaon. Widely acclaimed as NCR's crown jewel, this housing complex is situated on the DLF Golf Course, and faces a reserve forest. It is also best connected to all the commercial destinations, high end offices and up scale malls with the upcoming Rapid Metro line. Since 2010, this has been the area of the highest end development, including an 8-lane highway, a metro line and development of DLF The Camellias and Horizon Commercial complex right next to it. And right inside the complex, is India's best club house - with a world-class pool, fully equipped sports centre, business centre, and a host of restaurants and shops.
DLF Magnolias provides well built residential units of 4BHK and 5BHK flats in a gated area. Every unit provided here includes maximum usable space with super-build-up area range of 5825 to 9800 square feet each. These homes present premium indoor specifications along with special planning and architecture. Also, its properly placed house windows and spacious balconies will make sure proper air flow and natural light inside each apartment, and most spectacular views of the golf course, water bodies and a reserve forest!
DLF Magnolias has been developed by DLF Ltd, a name linked with building the most elite neigborhoods in the real estate market of Gurgaon. Its persistence to quality, superiority in planning, construction and especially, customer satisfaction differentiates the team from various other developers in the market. Each residence created by DLF Ltd is tailor made to meet the personal needs of the property owner with a fantastic combination of modern design and efficiency. DLF utilizes the state-of-the-art technology along with conventional design to produce such transcendent clarity in their every new endeavour. The builder has displayed their quality through a number of projects like DLF The Aralias, DLF The Pinnacle, DLF The Belaire and the upcoming DLF The Crest and DLF The Camellias


text:
Little Caesars Brand - hours and store locations
Map, Hours, Locations, Contacts
Little Caesars brand name online shopping information - All Little Caesars store or outlet locations in USA - total of 7 stores and outlet stores in database. Get information about hours, locations, contacts and find store on map. Users ratings and reviews for Little Caesars brand.
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Nearby Little Caesars
166 mile - Little Caesars in Norfolk, Virginia
(Janaf Shopping Yard)
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(Ohio Valley Mall)
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(Columbus Square)
(Columbus Square)
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(Hyde Park Plaza)
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text:
How long does it take to fly from California to the Czech Republic?
1,075,035questions onAdd New Page
At present there are no direct flights between California and the Czech Republic. All flights involve a stopover in an eastern US city such as New York, Atlanta or Washington, and in many cases also a European city such as Amsterdam, Zurich or Vienna.
The total flying time would depend on the length and number of stopovers. A quick glance at currently available flights indicates total times ranging from 16 hours to 28 hours, with all flights involving 2-3 stops.


text:
Of all the donut shops I have frequented throughout the years, this one undoubtedly makes the TOP of my list. Their donuts and other pastries looked so tempting that I got an assortment of all the items they offer to take to an early family gathering. Everyone was delighted, of course, when I arrived with donuts but when they tasted... More
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text:
Caryatid TOV VI
The Time Coast TOV V
Arcadia TOV II
Departure TOV I
Transit of Venus
My new etching series creates a panoramic vista of a mythological world. The first 8 designs are complete and new plates are in progress. These are all 6 x 9", printed on rag paper with permanent ink and handcolored. They can be arranged in numbered order, or in other sequences.
The Elysian Fields
This painting is my contribution to Lands and Legends, an anthology of over 150 fantasy artists. I have a small number of these signed, deluxe limited edition books, for sale.
News and Exhibits
Upcoming Shows
DragonCon MidAmeriCon 2 Bubonicon
Visionary Fantasy Fine Art Prints
Cythera TOV Vlll
Antediluvia TOV Vll
Eventide TOV III
Get to the Point
Windswept TOV IV
The Tower of Nilrem


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VICHY CELESTINS Spa Hôtel, Vichy
- Free WiFi
Main amenities
- 131 smoke-free guestrooms
- Restaurant and bar/lounge
- Full-service spa
- Indoor pool
- Breakfast available
- Free use of bicycles
- Valet parking
- 6 meeting rooms
- Area shuttle
- Terrace
- 24-hour front desk
- Air conditioning
For families
- Rollaway/extra beds (surcharge)
- Free toiletries
- Terrace
- Laundry facilities
- Hair dryer
- Coffee/tea maker
What's around
- Heart of Vichy
- Hall des Sources (0.2 mi / 0.4 km)
- Grand Etablissement Thermal (0.2 mi / 0.4 km)
- Vichy Opera (0.3 mi / 0.5 km)
- Monument aux morts de Varennes-sur-Allier (15.4 mi / 24.8 km)
- College Lucien Colon (15.7 mi / 25.3 km)
VICHY CELESTINS Spa Hôtel, Vichy
Hotel Info: 866-539-8117from $133
- Double Room, Bathtub
- Deluxe Suite
- Deluxe Room, Terrace, Park View
- Deluxe Room, Park View
- Deluxe Room, Park View ( Pass Spa)
- Deluxe Room, City View
- Deluxe Room, Terrace, City View
- Junior Suite
More great choices
At a glance
Key facts
Hotel size
- This hotel has 131 rooms
- This hotel is arranged over 7 floors
- Check-in time 3 PM-midnight
- Check-out time is noon
- Express check-in/out
Required at check in
- Minimum guest age is 18
- Minimum check-in age is 18
- Minimum Spring Break check-in age is 18
- Credit card or cash deposit required
- Government-issued photo ID required
Travelling with others
- Pets allowed *
- Free WiFi in public areas
- Free WiFi in rooms
- Valet parking *
- Area shuttle *
Other information
- Smoke-free property
In the hotel
- Buffet breakfast daily (surcharge)
- Restaurant
- Bar/lounge
- 24-hour room service
- Indoor pool
- Full-service spa
- Spa treatment room(s)
- Number of meeting rooms - 6
- Conference space
- Meeting rooms
- Conference space size (feet) - 3649
- Conference space size (meters) - 339
- One meeting room
- 24-hour front desk
- Dry cleaning/laundry service
- Laundry facilities
- Hair salon
- Free newspapers in lobby
- Luggage storage
- Porter/bellhop
- Number of buildings/towers - 1
- Year Built 1993
- Elevator/lift
- Terrace
- Library
- Fireplace in lobby
- Accessible bathroom
In the room
- In-room climate control (air conditioning)
- Air conditioning
- Minibar
- Coffee/tea maker
- Bathrobes
- Slippers
- Blackout drapes/curtains
- Soundproofed rooms
- Sleep Number by Select Comfort mattress
- Free toiletries
- Hair dryer
- Satellite TV channels
- Desk
- Free WiFi
- Phone
- In-room safe
Also popular with travelers from the USA
Special features
Vichy Thermal Spa has 50 treatment rooms. Services include hot stone massages, massages, facials, and body wraps. A variety of treatment therapies are provided, including hydrotherapy. The spa is equipped with a sauna, a spa tub, a steam room, and Turkish bath/hammam.
The spa is open daily. Guests under 16 years old are not allowed in the spa.
DiningLe N3 - This fine-dining restaurant serves breakfast, lunch, and dinner.
Le Blue note - Onsite bar.
On Site
- Free bicycles on site
- Bicycle rentals nearby
- Golf lessons available nearby
- Golfing nearby
- Sailing nearby
- Cross-country skiing nearby
- Downhill skiing nearby
- Water skiing nearby
- Windsurfing nearby
VICHY CELESTINS Spa Hôtel, Vichy's small print
Also known as
- Celestins Vichy
- Vichy Spa Les Celestins
- Sofitel Vichy
- Vichy Sofitel
- VICHY CELESTINS Spa Hôtel
- CELESTINS Spa Hôtel
- VICHY CELESTINS Spa
- CELESTINS Spa
- Hotel Vichy Celestins
- Hotel Vichy Spa
- Spa Celestins
- Spa Hotel Les Celestins
- Spa Les Celestins
- Spa Vichy Celestins
- Vichy Celestins Hotel
- Vichy Spa Hotel Les Celestins
Guests under 16 years old are not allowed in the spa.
The name on the credit card used at check-in to pay for incidentals must be the primary name on the guestroom reservation.
Mandatory fees
You'll be asked to pay the following charges at check in or check out:
- A tax is imposed by the city: EUR 2.50 per person, per night
Optional extras
Valet parking costs EUR 7 per day with in/out privileges
Rollaway beds are available for EUR 25.00 per night
Buffet breakfast is offered for an extra charge of EUR 25 per person (approximately)
Pets are allowed for an extra charge of EUR 16 per pet, per day
Area shuttle service is offered for an extra charge
We have included all charges provided to us by this hotel. However, charges can vary, for example, based on length of stay or the room you book.
What's around VICHY CELESTINS Spa Hôtel, Vichy
- Heart of Vichy
- Hall des Sources (0.2 mi / 0.4 km)
- Grand Etablissement Thermal (0.2 mi / 0.4 km)
- Vichy Opera (0.3 mi / 0.5 km)
- Monument aux morts de Varennes-sur-Allier (15.4 mi / 24.8 km)
- College Lucien Colon (15.7 mi / 25.3 km)
Getting around
- Vichy Station 15-min walk
- Vichy Saint-Yorre Station 12-min drive
- Vichy St-Germain-des-Fosses Station 18-min drive
- Area shuttle (surcharge)
- Clermont-Ferrand (CFE-Clermont-Ferrand - Auvergne Intl.) 47-min drive
- Valet parking (surcharge)
Recent reviews
Excellent 4.4 /5 from 98 reviews
Gréât hôtel, ask for renewed room in your réservation. Direct accès to spa & fitness room they're nice
Very comfortable, excellent service, courteous staff.
This was our second time in the hotel and while the hotel itself was of 5 star quality, I'm afraid that the service in the restaurant was very poor and much disimproved from our last visit there.
The facilities were excellent/we met with other family members and thoroughly enjoyed our time. The only disappointment was breakfast on our leaving day,having checked with reception on restaurant times when we arrived for a family breakfast we were advised that breakfast was finished! They did agree that we could eat breakfast but the selection available was very poor.
very good welcome. quality staff. large room and bathroom. peaceful environment with direct access to spa.
Is the description of this hotel not correct? Tell us


text:
Your success is our top priority
Every business has different checking needs, which is why we offer five different options. Every account comes with Online Banking access that includes free Bill Pay and e-Statements. Plus, you can integrate Quicken with any of our checking options at no additional cost. Running a non-profit? We have an account for that too.
Learn more about Checking
Your business needs a smart savings option. Choose from our simple Business Savings, earn a more competitive yield with a Business Money Market account, or save some of your profits for a later day with a Business Share Certificate.
Learn more about Savings
Whether you're new to the business world, or simply need funding for new equipment or capital, we have the money you need. And because our business loan decisions are finalized locally, we can work directly with you to meet your unique business goals.
Learn more about Loans
Online Banking
Add some time to your day and power to your business banking at St. Helens Community. We'll show you how to simplify payroll as well as add multiple logins with custom levels of access to your infrastructure.
Learn more about Online Banking
Merchant Services
From credit and debit card processing, to better ways of increasing cash flow, overdraft protection and more, St. Helens Community is your business partner.
Learn more about Merchant Services


text:
Little Sneaker
Two metal cages were fixed to the bed of the red pick up truck. Its tires were muddy; so was the driver. Whimpers echoed from across the parking lot.
He wasn't in a rush to get home. Dinner wasn't ready and there were screams. The whines continued from the cages.
Next day, the dogs lay panting in the sun on leashes attached to tight collars.
Local papers announced today: MAN FOUND DEAD. "tied in open field … hands and feet severed … blistered."
The headlines lay shredded on the kitchen floor.
"Good boys"
The two hounds wagged their tails.


text:
- During the campaign between May. 26th to 28th 2017, you can earn 20-times points than usual. See details.
[This is a Japanese version]
[This is a Japanese version]
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雪降る夜に - Japanese version
車を運転中、アナは誤って見知らぬ男性にケガを負わせてしまった。 男性の名はギディアン。町の由緒ある館の主人だった。 彼を館へ送り届けるが、雪のため、二人きりでとじこめられてしまう。 かつての恋人によく似た面差しの美しいギディアンに、アナはどんどん惹かれてゆくが、すべては卑劣な罠だった!
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|25 Pages
|127 Pages
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Ángel di María is set to become a Manchester United player after the club agreed a British record transfer fee of £59.7m to buy him from Real Madrid, with the 20-times champions hoping to announce his transfer officially on Tuesday morning.
The deal will take the club's summer spend to £130.7m, with United still intent on adding further signings before 1 September. Juventus's Arturo Vidal, Milan's Nigel de Jong and Ajax's Daley Blind are all prospective targets as clubs enter the final week of the summer window.
Louis van Gaal wants to add at least one central midfielder plus another central defender, with Vidal considered his priority. With the manager having harboured doubts about the Chilean midfielder's knee injury that caused him to play at Brazil 2014 in a half-fit condition, plus the club's awareness that Juventus are minded to sell, the strategy will be to try to force Vidal's sale through for an acceptable price before 1 September.
The capture of Di María, who was the man of the match when Real won the Champions League in May, represents a coup for United considering the club are not in this season's premier competition and need to strengthen their squad after the team have let five points slip from the first two matches.
Van Gaal said he needs more creativity in the team after Wayne Rooney and Robin van Persie were starved of chances during the 1-1 draw at Sunderland on Sunday. Di María should help solve this problem. Last season in La Liga he provided 17 assists, four more than any other player, while at the World Cup, before he became injured, the forward made 32 attempts to cross from open play, three more than Marcos Rojo, his international and prospective new club team-mate.


text:
Severe pain left ear
Severe pain in left ear and swelling. Had antibiotic for 5 days. Pain reduced but not cured. Can't chew in the left side
Answers (1)
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Venkat Raghav
General Physician Bangalore
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Hello...... Actual problem in ear should be looked into... It could be congestion ,infection with or without collection of pus.... Consult otolaryngologist... Doctor has to examine your ear.. If pain is due to impacted wax or foreign body it should be removed.
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