text:
Home /
Our Sources / About Us
/ FAQs /
Advanced Search
Not what you're
looking for? Try an advanced search.
Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.
Learn more about what you receive with purchase of this case.
United States District Court, D. Connecticut
May 10, 2018
UNITED STATES REGIONAL ECONOMIC DEVELOPMENT AUTHORITY, LLC, Plaintiff,v.GERRY D. MATTHEWS and MATTHEWS COMMERCIAL PROPERTIES, LLC, Defendants.
case involves a series of wire transfers from Plaintiff
United States Regional Economic Development Authority, LLC
("USREDA" or "Plaintiff") to the bank
account of Defendants Gerry D. Matthews and Matthews
Commercial Properties, LLC (collectively,
"Defendants"). Defendants have moved for summary
judgment on all claims; presently pending before the Court is
Plaintiff's Motion to Defer Consideration of
Defendants' Motion for Summary Judgment, made pursuant to
Rule 56(d) of the Federal Rules of Civil Procedure. Also
pending are related discovery motions: Motions by Defendants
to quash two subpoenas; and a motion by Plaintiff to compel
responses to its Second Requests for Production. Each of the
discovery-related motions has been opposed, and the motions
are ripe for decision. This Ruling resolves them.
brings this action against Defendants, alleging claims of
breach of contract, unjust enrichment, and fraud. The dispute
involves a sum of $529, 843, which is the total sent by four
separate wire transfers to Defendants between April 15, 2013,
and July 26, 2013. Familiarity with the facts alleged in the
Second Amended Complaint and with the Court's prior
Rulings are assumed, and will be discussed below only as
in this matter was set to close on October 30, 2017. The
matter appeared to be proceeding uneventfully toward that
deadline when, on October 11, 2017, Defendants filed motions
to quash two separate non-party subpoenas. Docs. 53, 54. The
first subpoena, directed at non-party Webster Bank (the
"Webster Subpoena"), seeks the production of
certain financial documents related to a bank account in the
name of Defendant Matthews Commercial Properties, LLC
("MCP"). The second subpoena, directed at non-party
Barbara Petrowski, an employee at MCP (the "Petrowski
Subpoena"), seeks to compel Ms. Petrowski's
testimony by way of a deposition. Then, on October 26, 2017,
Plaintiff moved to compel responses to Plaintiff's Second
Set of Requests for Production. Doc. 56.
this welter of motion activity, Plaintiff filed a motion to
amend its complaint, seeking to add two counts, sounding in
fraud. Doc. 55. On December 4, 2017, the Court issued a
Ruling denying Plaintiff's motion to amend, with leave to
file a renewed motion, pursuant to Rule 15(a) of the Federal
Rules of Civil Procedure. Recognizing that the question of
the controlling claims may inform the resolution of the
discovery disputes, the Court stayed the remaining deadlines
on the matter, including its consideration of the pending
discovery motions, until the question of amendment was
resolved. Doc. 67.
January 10, 2018, Plaintiff filed its renewed motion for
leave to amend; when the matter became ripe, on March 21,
2018, the Court granted Plaintiff leave to file a Second
Amended Complaint, adding two counts sounding in fraud. Doc.
75. The Court lifted the stay it had previously imposed, and
issued a Scheduling Order that provided for, inter
alia, the filing of the Second Amended Complaint, and
the filing of dispositive motions. Doc. 77. In light of
newly-added claims of fraud, and aiding and abetting fraud,
the Court also directed the parties to engage in a renewed
effort to resolve by agreement the discovery issues presented
by the pending discovery motions, and to file a joint status
report indicating the result of the parties' conferences.
See Doc. 77.
filed its Second Amended Complaint on March 27, 2018, Doc.
76; two days later, Defendants filed both an Amended Answer,
Doc. 79, and a motion for summary judgment. Doc. 80.
April 12, 2018, Plaintiff filed a status report, indicating
that despite several efforts, it was unable to reach an
agreement with Defendants in terms of the pending discovery
requests. See Doc. 83. Defendant echoed this
sentiment in its own report on April 16, 2018, stating simply
that counsel were unable to resolve the outstanding issues
regarding discovery and that the pending discovery motions
"continue to require resolution by the Court." Doc.
its deadline to respond to Defendants' motion for summary
judgment looming, on April 13, 2018, Plaintiff filed a motion
to defer consideration of Defendants' dispositive motion,
pursuant to Rule 56(d). Doc. 84. The additional discovery
discussed in Plaintiff's Rule 56(d) motion is also at
issue in Plaintiff's pending motion to compel, and in
Defendants' motions to quash. All of the
discovery-related motions are ripe for
consideration.[1] The Court will first address
Plaintiff's Rule 56(d) motion.
26(b)(1) of the Federal Rules of Civil Procedure sets forth
the scope and limitations of permissible discovery:
Parties may obtain discovery regarding any nonprivileged
matter that is relevant to any party's claim or defense
and proportional to the needs of the case, considering the
importance of the issues at stake in the action, the amount
in controversy, the parties' relative access to relevant
information, the parties' resources, the importance of
the discovery in resolving the issues, and whether the burden
or expense of the proposed discovery outweighs its likely
benefit. Information within this scope of discovery need not
be admissible in evidence to be discoverable.
Fed. R. Civ. P. 26. "The party resisting discovery bears
the burden of showing why discovery should be denied."
Cole v. Towers Perrin Forster & Crosby, 256
F.R.D. 79, 80 (D. Conn. 2009).
Second Circuit has made it clear that "summary judgment
should only be granted if after discovery, the
nonmoving party has failed to make a sufficient showing on an
essential element of its case with respect to which it has
the burden of proof." Miller v. Wolpoff &
Abramson, L.L.P., 321 F.3d 292, 303 (2d Cir. 2003)
(quotation marks omitted) (emphasis in original) (quoting
Hellstrom v. U.S. Dep't of Veterans Affairs, 201
F.2d 94, 97 (2d Cir. 2000)). Indeed, "[t]he nonmoving
party must have had the opportunity to discover information
that is essential to its opposition to the motion for summary
judgment, " and it is therefore "only in the rarest
of cases may summary judgment be granted against a nonmovant
who has not been afforded the opportunity to conduct
discovery." Lego A/S v. Best-Lock Constr. Toys,
Inc., 319 F.R.D. 440, 455 (D. Conn. 2017) (quotation
marks omitted) (quoting Hellstrom, 201 F.3d at 97).
56(d) of the Federal Rules of Civil Procedure permits a
court, in the exercise of its discretion, to defer or deny a
decision on summary judgment if a "nonmovant shows by
affidavit or declaration that, for specified reasons, it
cannot present facts essential to justify its
opposition[.]" Fed.R.Civ.P. 56(d). "The affidavit
must include the nature of the uncompleted discovery; how the
facts sought are reasonably expected to create a genuine
issue of material fact; what efforts the affiant has made to
obtain those facts; and why those efforts were
unsuccessful." Paddington Partners v. Bouchard,
34 F.3d 1132, 1138 (2d Cir. 1994)[2]; see also Alphonse Hotel
Corp. v. Tran, 828 F.3d 146, 151 (2d Cir. 2016) (same).
The affidavit must explain with specificity how the facts
sought are reasonably expected to create a genuine issue of
material fact. Alphonse Hotel Corp., 828 F.3d at
court plainly has discretion to reject a request for
discovery if the evidence sought would be cumulative or if
the request is based only on speculation as to what
potentially could be discovered, and a bare assertion that
the evidence supporting plaintiff's allegations is in the
hands of the moving party is insufficient to justify the
denial of summary judgment." Crye Precision LLC v.
Duro Textiles, LLC, 689 Fed.Appx. 104, 108 (2d Cir.
2017) (quoting In re Dana Corp., 574 F.3d 129,
148-48 (2d Cir. 2009)); see also Alphonse Hotel
Corp., 828 F.3d at 151-52 ("[B]are, generalized
assertions cannot justify delaying the resolution of a
summary judgment motion."); Paddington
Partners, 34 F.3d at 1138 ("A court can reject a
request for discovery, even if properly and timely made
through a Rule 56[d] affidavit, if it deems the request to be
based on speculation as to what potentially could be
the party seeking to delay resolution of a summary judgment
motion pursuant to Rule 56(d) must also provide the basis for
believing that the discovery requested exists. Alphonse
Hotel Corp., 828 F.3d at 151. "The
requirement that a party identify what facts are
sought and how they are to be obtained precludes the
party from making purely speculative requests with the hope
that beneficial evidence will serendipitously
materialize." Am. Home Assur. Co. v. ZIM
JAMAICA, 418 F.Supp.2d 537, 547 (S.D.N.Y. 2006)
(emphasis in the original) (citation omitted).
56(d) Motion
Court will first address whether Plaintiff has made a showing
under Rule 56(d) that it requires further discovery to
justify its opposition to Defendants' motion for summary
judgment. The discovery sought by Plaintiff's prior
discovery requests and the subpoenas it previously served to
non-parties Webster Bank and Barbara Petrowski form the basis
for Plaintiff's motion to defer consideration.
Webster Bank subpoena, served on October 3, 2017, commands
the bank to produce several financial documents related to
the MCP savings account into which Plaintiff's funds were
deposited. Specifically, the subpoena requests the 1099INT
interest statement for 2013; "all statements, signature
cards, bank resolutions and bank deposit agreements . . . for
the entire period that the account was open . . . through the
most recent statement;" and finally, "all documents
identifying all persons who have or had signature powers or
other authority to direct the transfer of funds into and/or
out of" the subject bank account. Doc. 53-1 at 24.
subpoena directed to Ms. Petrowski commands her appearance
for a deposition, and was served on October 3, 2017, after
Plaintiff requested that Defendants voluntarily produce Ms.
Petrowski for a deposition based on the testimony of
Defendant Gerry Matthews, [3] and Defendants refused.[4] Doc. 58-5 at 2,
Plaintiff's Second Request for the Production of
Documents, served on September 28, 2017, following
Gerry's deposition, includes requests for the production
of financial records related to a Chase Freedom credit card
account and the MCP account; documents concerning the
brokerage listing by Gerry for the sale of the former Cross
Pen plant; documents concerning payments or transfers of
property by MCP or Gerry to or for the benefit of Robert
Matthews, Gerry's brother; documents concerning payments
or transfers of property by Robert to or for the benefit of
Gerry or MCP; documents concerning any debt of Robert owed to
Gerry or MCP; and documents concerning any debt of Gerry or
MCP owed to Robert.
asserts that it requires the above discovery to respond to
Defendants' motion for summary judgment, as it would
likely lead to evidence that is reasonably expected to create
genuine issues of fact as to each ground for summary judgment
raised in Defendants' motion. Plaintiff argues that the
discovery it seeks is neither cumulative nor speculative and
it was timely requested. Plaintiff sets forth by Declaration
the facts it expects to discover and how that evidence would
raise material issues of fact. Defendants argue that
Plaintiff's motion should be denied, as the discovery
sought is not relevant to the issues raised in the motion for
summary judgment, and because the affidavit in support of the
motion to defer is deficient.
of Plaintiff's 56(d) motion requires the Court to visit
the grounds upon which Defendants have moved for summary
judgment. Defendants seek summary judgment on each of the
counts of the Second Amended Complaint: breach of contract,
or, in the alternative, unjust enrichment; fraudulent
misrepresentation or inducement; and aiding and abetting
Plaintiff's breach of contract claim, Defendants argue
that there are no facts that would show an offer, an
acceptance of an offer, or a meeting of the minds as between
Plaintiff and these Defendants, since the subject loans were
between Plaintiff and Robert, not Defendants Gerry or MCP,
and because there were no communications between Plaintiff
and Defendants prior to the transfers of the funds.
Defendants also contend that Plaintiff's breach of
contract claim is barred by the statute of frauds. In making
this argument, Defendants claim that an equitable estoppel
contention could not succeed as Plaintiff cannot establish
Defendants' knowledge or assent of the transactions,
since the transactions were solely for Robert's benefit.
also argue that Plaintiff's unjust enrichment count
fails, as Defendants received no benefit from the money
loaned. Defendants claim that there is no evidence that
Defendants were aware that the funds in question came from
Plaintiff, as they were transferred into the MCP account
through Robert's attorney, Les Evans. Finally, Defendants
make several arguments in favor of summary judgment on
Plaintiff's newly added claims sounding in fraud and
aiding and abetting fraud. Relevant here, Defendants argue
that there is no evidence that Defendants made any
misrepresentations in order to induce Plaintiff to act, and
there is no evidence that Defendants knowingly and
substantially assisted Robert's alleged fraudulent
In its
56(d) motion, Plaintiff asserts that it seeks to discover
evidence to show that Gerry benefitted from the loaned funds,
which would contradict both Gerry's claim and
Robert's affidavit that Robert was the only beneficiary.
Plaintiff contends that some of the requested discovery -
specifically, the 2013 interest statement from Webster Bank;
bank statements; documents showing payments, transfers or
debt owed between Gerry and Robert; and Petrowski's
testimony - would show that the loaned funds went directly to
Gerry. Plaintiff also seeks bank statements, signature cards,
bank deposit agreements, bank resolutions, credit card
statements, a QuickBooks ledger and Petrowski's testimony
to show that Robert used the MCP bank account both before and
after the funds were transferred in and out of the account,
which would provide evidence of a pattern and practice of
Gerry assisting Robert in hiding funds from creditors. The
information contained in the bank statements, credit card
statements, and the QuickBooks ledger, along with
Petrowski's testimony, would also show that the funds -
and other creditors' funds - went to Robert's own
accounts, which Plaintiff asserts would provide evidence of
pattern and practice of defrauding creditors through the use
of the MCP account.
It is
clear to the that the discovery Plaintiff seeks could
reasonably lead to evidence, which, if credited, would
justify denial of ...
Our website includes the first part of the main text of the court's opinion.
To read the entire case, you must purchase the decision for download. With purchase,
you also receive any available docket numbers, case citations or footnotes, dissents
and concurrences that accompany the decision.
Docket numbers and/or citations allow you to research a case further or to use a case in a
legal proceeding. Footnotes (if any) include details of the court's decision. If the document contains a simple affirmation or denial without discussion,
there may not be additional text.
Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.
Learn more about what you receive with purchase of this case.
LRC, Inc. About Us


text:
Stephanie is a life-long wanderer who has spent more than 20 years living and working around the world as a humanitarian and entrepreneur. To date, she's been to 126 countries and all 7 continents, but her real passion is helping more people to access the travel and lives they dream about!
The founder of wanderingforgood.com, Stephanie is also the author of Upgrade Unlocked: The Unconventional Guide to Luxury Travel on a Budget, The Honeymoon Hack, and the forthcoming Go Girl: Travel Hacking Guide for Girls. She is co-owner and managing editor of the Travel Hacking Cartel and a weekly contributor to creditcards.com.
You can find Stephanie if you're passing through PDX, or on social media @wanderingzito.

subset: commoncrawl


text:
Draft revisions to the UW System Administrative Policy 415-Purchase and Payment of Lodging have been proposed for review. There are many revisions to this policy, examples of which include clarification surrounding the required use of the policy, reservation options, a list of exemptions, and a non-compliance subsection. You can find summary of changes and track changes documents for this policy at the link above. A UW Login is required to review this revision and provide comments. Please provide comments through the link above by February 9, 2018.
Draft Revisions to Travel Purchase and Payment of Lodging Policy
Monday, January 29, 2018


text:
Use your NetID and password to access library resources when off-campus.
Keep up with the latest business headlines. Some require subscriptions to access fulltext.
Use this guide to help find resources for BUS 447.
Before you start your research, think about where you would look for information to complete this assignment. Who might be interested in this type of information? What discipline would be studying these questions? What kind of assignment is this? What are the requirements?
Let's use the topic of whistleblowers as an example. Most of you will probably not know enough about whistleblowers to start more than a simple Google search using the word whistleblower. In such cases, a good first place to start your research is by checking an encyclopedia for an overview of the topic. This will give a little bit of knowledge that will help us come up with additional or more sophisticated search terms. For example, the encyclopedia will probably list famous cases and provide the names of relevant laws and regulations. You can then decide to follow up on those which most appeal to you.
What are some synonyms for whistleblowers? Mudrakers, informers, informants, snitches are all possibilities, depending on the era we are investigating. The Whistleblower Protection Act, The False Claims Act, and Dodd-Frank are all relevant legislation. What are some recent names associated with high-profile whistleblowing stories? Julian Assange and Edward Snowden come to mind. Are they heroes or traitors? What are the reasons that people think of them as one or the other? Are those reasons justified? What is the difference between an internal and an external whistleblower? Do whistleblowers need legal protection? Why or why not?
Information on how to find books at the University Libraries is included under the Honors Service Component tab for those of you who might be interested in using print material.
The video below is a quick 6 minute overview of a good resource for finding information on controversial issues.
There is no sound on the video but I've added some notations to help guide you along. The idea was to show you how to navigate through the Opposing Viewpoints database to find resources for your papers and also use the issues list as a way to choose a topic.


text:
Since the 1950s, accessibility using some form of time/distance measure has been considered a determinant of land use in American city and transportation planning theory and practice. But, due to the functionalist orientation of education and practice in real estate, architecture, planning and design, the simple ontological distinction between accessibility and its root word
Access shows up often in contexts beyond urban space. There is access to capital, to educational resources, to aesthetically desirable views, to insurance programs, to justice, to healthcare, to transportation, to political influence or economic power. Jeremy Rifkin's view is that access is a substitute for property ownership effected through commercially contracted relationships involving autos, cultural goods, health care, recreation and other resources.
In his introduction to Keywords, Raymond Williams describes a preoccupation on returning to Cambridge University after WWII with a certain set of words that he calls "strong, difficult and persuasive words" used in everyday practice to describe or refer to "wider areas of thought and experience." Each word in Keywordsgot his "attention because the problems of its meanings seemed … inextricably bound up with the problems it was being used to discuss." The 176 words, including aesthetics, community, consumer, folk, image, mechanical, organic, structure, welfareand work, were selected because they possess the power to mean singularly different things to different people, meanings beyond the capability of linguistic analysis to define. The meaning of 'access' is, like so many of Williams' keywords, bound up with the problems the concept of access aims to address with implications for "wider areas of thought and experience."
Access has a history as it emerged from Old French and Latin. The OED shows access has had a variety of spellings – accesse, axces, axes, axys– and two forms of pronunciation, the now obsolete one similar to accede, an importantly related word meaning to come to a place. Certain related words help locate the meaning of access. Recessis the near opposite of access. Accede, meaning to arrive at a place or a state, is a close relation. The near opposite of accede is recede. Success has close roots as do abscess,cedeand succeed. In an older, more obscure sense, access can mean the onset of an illness or an attack of some malady.
One set of meanings of access (the oldest and broadest) involves the idea of "coming to or towards; approaching." [This is not accessibility.] From the 14th century, a common meaning of access has been "The habit or power of getting near or into contact with; entrance, admittance, admission (tothe presence or use of)" (OED, p. 53). In spatial-material contexts, this becomes "a way or means of approach." This can be "An entrance, channel, passage or doorway" (OED, p. 54). Access thus is directional: the emphasis is on access to, not access from. The idea of access fromis denoted by egress. Gressusis the Latin word for step or course. While the concepts of ingress and egress are more strongly rooted in spatial-materiality than the idea of access, they lack access's deeper importance.


text:
Home /
Our Sources / About Us
/ FAQs /
Advanced Search
Not what you're
looking for? Try an advanced search.
Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.
Learn more about what you receive with purchase of this case.
Court of Appeals of Connecticut
June 12, 2018
KERMIT FRANCISv.COMMISSIONER OF CORRECTION
Submitted on briefs February 22, 2018.
petition for a writ of habeas corpus, brought to the Superior
Court in the judicial district of Tolland and tried to the
court, Sferrazza, J.; judgment denying the petition,
from which the petitioner, on the granting of certification,
appealed to this court. Affirmed.
F. Meehan and Walter C. Bansley IV filed a brief for the
appellant (petitioner).
L. Chupak, senior assistant state's attorney, Gail P.
Hardy, state's attorney, and Jo Anne Sulik, supervisory
assistant state's attorney, filed a brief for the
appellee (respondent).
DiPentima, C. J., and Lavine and Pellegrino, Js.
DiPENTIMA, C. J.
petitioner, Kermit Francis, appeals from the judgment of the
habeas court denying his amended petition for a writ of
habeas corpus. The habeas court granted his petition for
certification to appeal to this court; he claims on appeal
that he was prejudiced as a result of the ineffective
assistance of his erstwhile habeas counsel, Michael Day.
Specifically, the petitioner argues that, at his habeas
trial, Day failed (1) to question a witness properly and (2)
to present evidence of that witness' availability to
testify at the original criminal trial. We affirm the
judgment of the habeas court.
following facts, as summarized by our Supreme Court on the
petitioner's direct appeal, are relevant.
''On December 20, 1993, the [petitioner], along
with Casey Wilcox, Andre Shirley and Corey Rosemond, were
selling crack cocaine in the area of [Wilcox'] residence
at 88 Atwood Street in Hartford. The victim, Moses Barber,
Jr., a regular customer, purchased drugs from the
[petitioner]. After making his purchase, he walked away. The
victim later returned to [Wilcox'] porch and engaged in
an argument with the [petitioner] concerning the drug sale.
The victim and the [petitioner] left the porch and the
[petitioner] proceeded up a dark driveway between two
buildings directly across the street from [Wilcox']
residence. The victim remained near the street. As they
continued to argue, the [petitioner] approached the victim
and shot him. The victim died later that night as a result of
a gunshot wound to his abdomen.
December 21, 1993, Wilcox asked the [petitioner] for his guns
for the purpose of threatening an individual who had accused
Wilcox of shooting the victim. The [petitioner] went into the
basement of a house on Atwood Street, and emerged with a
handgun and rifle, which he gave to Wilcox. Wilcox, in turn,
gave the weapons to Rosemond and instructed Rosemond to put
the weapons in the trunk of a vehicle parked behind
[Wilcox'] residence. The next morning, Hartford police
officers, armed with a search warrant, seized the weapons
from the trunk of the vehicle and, thereafter, learned that
the [petitioner] did not have a permit to carry a pistol or
revolver. Moreover, the police officers found that the serial
number on the pistol had been ground off.
Wilcox, Shirley and Rosemond gave statements implicating the
[petitioner] in the murder, and a warrant was issued on
December 23, 1993, for the [petitioner's] arrest. The
[petitioner] was arrested in New York in June,
1995.'' (Footnotes omitted.) State v.
Francis, 246 Conn. 339, 342-43, 717 A.2d 696 (1998).
a trial, a jury found the petitioner guilty of murder in
violation of General Statutes (Rev. to 1993) § 53a-54a
(a), carrying a pistol without a permit in violation of
General Statutes (Rev. to 1993) § 29-35 and altering or
removing an identification mark on a pistol in violation of
General Statutes (Rev. to 1993) § 29-36. See State
v. Francis, supra, 246 Conn. 341-42. The trial court,
Barry, J., sentenced the petitioner to a total
effective sentence of sixty years imprisonment.[1]
petitioner, representing himself, filed a petition for a writ
of habeas corpus dated January 1, 2001, alleging that his
criminal trial counsel, William B. Collins, had rendered
ineffective assistance. Eventually, the petitioner was
assigned counsel, Frank Cannatelli, who withdrew that first
petition with prejudice. That withdrawal prompted a second
habeas action, this time alleging, among other things, that
Cannatelli was ineffective for withdrawing the original
petition. After a trial (first habeas trial), the habeas
court, Schuman, J., partially granted the second
petition and restored the original petition under a new
docket number.
In his
restored petition, the petitioner, represented by Day,
alleged that Collins had rendered ineffective assistance.
Specifically, the petitioner alleged that Collins failed to
call Fredrica Knight, a potentially exculpatory witness, to
testify in the original criminal trial. After a trial (second
habeas trial), the habeas court, Bright, J., denied
the petition in a memorandum of decision, which ...
Our website includes the first part of the main text of the court's opinion.
To read the entire case, you must purchase the decision for download. With purchase,
you also receive any available docket numbers, case citations or footnotes, dissents
and concurrences that accompany the decision.
Docket numbers and/or citations allow you to research a case further or to use a case in a
legal proceeding. Footnotes (if any) include details of the court's decision. If the document contains a simple affirmation or denial without discussion,
there may not be additional text.
Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.
Learn more about what you receive with purchase of this case.
LRC, Inc. About Us


text:
At Cornell University, researchers are working on a new table napkin made of nanofibers that can advise of the presence of microorganisms you don't want to ingest. Coated with antibodies, proteins, and dyes, these wipes have successfully identified E. coli by assuming a yellow hue. Adrian Monk will doubtless be first in line to buy them. (www.sensorsmag.com/1206/RDNapkin)
Read more on


text:
04 February 2019 by Milan Chovanec
Sildenafil Inhibits pulmonary hypertension induced by left heart pressure overload in rats
Pulmonary hypertension (PH) induced by pressure overload of the left heart has recently attracted attention in clinical practice. No specific treatment of PH is approved for this group of patients. We previously described a simple rodent model of this condition. We used this model to test a hypothesis that sildenafil can be beneficial in PH induced by experimental left ventricle pressure overload induced in adult male Wistar rats by partial intravascular obstruction of the ascending aorta. Three weeks after induction of PH, sildenafil was given (25mg/kg), by esophageal gavage once a day for the next 2 weeks (group HFS, N=7). The group HFS was compared to the group of rats with left heart pressure overload lasting 3 weeks with no additional use of sildenafil (group HF, N=9) and with the controls (group C, N=6). Mean pulmonary arterial pressure was significantly lower in the group HFS compared to the group HF (12.9±0.8 mmHg vs. 20.3±1.0 mmHg, p<0.0001, respectively) but was not different from the group C (10.7±1.1 mmHg). Weight of the right ventricle relative to the body weight (RV/BW ratio) as well as right ventricle weight relative to the left ventricle plus septum (RV/LV+S ratio) were significantly lower in the group HFS compared to the group HF (RV/BW ratio: 4.1±0.3.10-4 vs. 6.3±0.8.10-4; p<0.01, respectively and RV/LV+S ratio: 0.23±0.02 vs. 0.41±0.07; p<0.05, respectively) but they were not different in the group HFS compared to the group C in both parameters. The amount of expired nitric oxide, measured by chemiluminescent method on day 10 of the left heart pressure overload, was significantly increased in the group HF compared to the group C (343.0±30.5 pg/min/100g vs. 239.8±18.2 pg/min/100g; p<0.05, respectively).
Sildenafil attenuated the developed pulmonary hypertension caused by the left heart pressure overload in the rats.
Grants: GAUK 210216 and GACR 17-11223S


text:
VYNCKE is a dynamic, highly technological family owned company which, since its start in 1912, has grown to a global player in the sector of clean energy technology: the development and the construction of customized waste to energy installations. Worldwide there are over 330 Vynckeneers active in Brazil, Belgium, Germany, Czech Republic, China, Thailand and Malaysia. Are you a real team player, do you like to take responsibility and are you have an international mindset? Then you could be one of the new Vynckeneers. Currently Agyss is looking exclusively to reinforce VYNCKE's project teams active on the Dutch market.
- The Customer Service Account Manager is the customer's contact point throughout the VYNCKE project, as well as responsible for the customer services after project delivery. Your goal is customer's satisfaction by means of an efficient and effective communication: first during project execution between the customer in the Netherlands and our design team & manufacturing facilities in Czech Republic; later by coordinating all service activities for the customer assigned to your portfolio.
- Your key tasks areas are:
Functie eisen
- You have obtained a master degree in engineering or equivalent by experience. You have a good business insight and are interested in the VYNCKE concepts & solutions. Depending on your experience we will provide a technical training period in the field.
- You work customer & solution oriented. You act pro-actively and know how to manage expectations & communication. You combine common sense with creativity.
- You are well organized and comfortable in networking with people, internally and externally. You know how to build, maintain and restore good relations.
- Because of your business understanding you are able to detect commercial opportunities.
- You will frequently stay in the Netherlands and sporadic in the Czech Republic (25%)
- You are willingly to accomplish administrative duties and can express yourself fluently in Dutch & English.
- VYNCKE represents a strong corporate culture based on a strong sense of joy and valuable tasks.
- As a new member of the family Vynckeneers, you get opportunities for further development and tackling challenges.
- You receive a competitive salary in balance with your expertise and experience. Additionally, you can enjoy extra-legal benefits.
Is this the job that suits you? Mail your motivation and CV indicating the reference [070926] to Asun Musschoot at the following email address: firstname.lastname@example.com. We will handle your application confidentially.


text:
EDM Precision Technologies Ltd
"If you have an idea about something you want to improve in your business; speak to MAS first."
Paul Waldron, Managing Director, EDM Precision Technologies Ltd
The Manufacturing Challenge
EDM Precision Technologies Ltd are specialists in electro-discharge machining. Established in 1992, EDM grew steadily until 2006 when the business was acquired by its current owner Paul Waldron. Since 2006, the business has undergone some significant improvements, including moving to new larger premises in 2008 and adding new machines in 2007, 2008, 2010 and 2011. In May 2011 the company achieved the EN/AS 9100 quality standard to add to the ISO9001 standard it has held for 13 years.
EDM"s owner and Managing Director, Paul Waldron, explains why the company needed assistance: "Although the business always had good internal process documentation and paperwork flow, it did not have an integrated system that fully connected quotation, order entry, works orders, purchase orders, certificates of conformity, delivery notes and invoicing. In order to eliminate potential human error, reduce repetition of data entry and produce visually consistent paperwork for our customers and suppliers, an integrated system was required. The costs of even a part customised system was high – and we approached MAS to see if they could help."
MAS Action
MAS Advisor, Ian Davie, was referred to the company and he realised that looking at their requirements, it was clear that he personally could assist them to improve their internal processes.
Paul Waldron picks up the story: "Ian Davie had expertise in business systems. Ian was able to develop a system for us based on Microsoft Excel that he fully customised to our business. On his first visit he spent time understanding our system and collecting the data he needed and two weeks later he returned with a fully functioning system, and after a couple of "tweaks" which he carried out on the same day, it was up and running.
The Result
"We did not have to buy any software as the system is based on Excel, consequently there were no costs to us. We have been running the system since April 2011 and it is brilliant. We have seen at least 60% reduction in the time required to process the paperwork for an order from start to finish. This has enabled the management to focus their attention on other opportunities and business improvements, including acquiring another new machine in October this year which has helped us with the increased demand we are enjoying. In addition, the quality of the paperwork we provide our customers and suppliers is now of a very high standard and is as least as good as that produced by some very expensive systems. This image" improvement has made potential new customers and suppliers take us very seriously."
Ian has set up several similar systems with other companies, and Paul has recommended MAS and Ian to some of his own customers in the East Midlands. Paul concludes: "I knew that we needed to do something about our system and was very pleasantly surprised how easy it was to deal with MAS. It is my belief that if you have an idea about something you want to improve in your business; speak to MAS first. This business improvement project with MAS has given us real benefit and cost us nothing!"


text:
Work Package 4: ECVET tools development
This WP aims to develop the ECVET tools needed to support the accumulation and transfer process and the supporting guidelines for their application in line with ECVET Recommendation and the partnership context.
D.4.1. ECVET framework
The main aim of this framework is to provide a structure and tools for accrediting (ECVET) a learner's achievements on a programme of non-formal and informal learning and assessment provided by a host co-operative organisation in a different European country, the learning outcomes achieved by the mobile learner to be then transferred for recognition and validation in their home country.
The core of this ECVET framework is the assessment tool (Reflective Journal) and the process designed ad hoc through the project. Assessment refers to the methods used to establish the extent to which a learner has attained the particular knowledge, skills and competences required in order to achieve the agreed LO.
D.4.2. Memorandum of Understanding (MoU) - a framework for co-operation between the competent institutions, aiming at establishing mutual trust between the partners. In this MoU, partner organisations mutually accept their respective criteria and procedures for quality assurance, assessment, validation and recognition of knowledge, skills and competence for the purpose of transferring credit;
D.4.3 Learning agreement (LA) - an individual document which sets out the conditions for a specific mobility period and it specifies, for a particular learner, which unit/s and LO should be achieved, together with the associated ECVET points, and also lays down that, if the learner achieves the expected LO, and these are positively assessed by the 'hosting' institution, the 'home' institution will validate and recognise them as part of the requirements for a qualification.
D.4.4.Guidelines for implementing ECVET - a guidance addressed to trainers, VET providers, research centres and institutes providing Masters degrees on social enterprise, and cooperative colleges, which support the implementation of ECVET tools and processes developed and tested within the European Coop Campus project.
The Guidelines introduce in the first part the ECVET model framework and the tools drawn up to support the transnational mobility designed as part of the proposed European Qualification for the coop board/elected members. The second part of the guidelines D.4.4. groups together templates, facsimile examples and guidance on how to use the tools in coherence with the ECVET recommendations


text:
School Data Updates
On the face of it, it looks like an improvement. The closing the gap report in last year's RAISE seemed like an afterthought and once you'd been through the main report you knew it all anyway. I never really saw the point in it. But this year it's changed: 3 year trends for expected and…Read More


text:
In stock
Purple spring shoots enlarge into glorious glaucous rubbery leaves then massed heads of honey-scented, ivory flowers open in June. It is absolutely superb in the border and is ideal for cutting. Finally. the tender young leaves are a classic gourmet's delights - the now very rare "sea kale".
Sowing Advice
For best results, sow immediately onto a good soil-based compost. Cover the seeds with fine grit or compost to approximately their own depth. They can be sown at any time, and germination can sometimes be quicker if kept at 15 to 20 degrees C. We sow most seeds in an unheated greenhouse and wait for natural germination, as many seeds have built-in dormancy mechanisms, often waiting for natural spring germination, hence giving them a full season of growth.
Key Facts
Common name:Sea Kale
Classification:Hardy perennial
Packet Content:12 (Approx)


text:
TL; DR: IBM Aspera® spurs business transformation by dramatically boosting the speed at which files and datasets move over existing infrastructure and global IP networks, regardless of size, distance, or network conditions. The robust cloud-agnostic protocol eliminates the pitfalls of traditional data transfer methods via FASP® technology, which leverages available bandwidth to ensure high performance without impacting other traffic. Overall, Aspera makes data transfer dramatically faster, highly reliable, and more secure.
Data transfer is a fundamental internet activity, but it's also one that businesses have yet to fully master. Many of us have firsthand experience with the frustrations inherent in file transfer protocol (FTP), an unsophisticated solution known for its lack of security, high failure rates, and inability to scale.
FTP and other transfer services are typically powered by the Transmission Control Protocol (TCP), which works well under ideal circumstances but performs poorly in the face of increased transfer distance or poor network conditions.
But all hope is not lost. IBM has recently come to the rescue with Aspera, a next-generation transport solution it acquired in 2014 to move the world's data at maximum speed, regardless of file size, network condition, or distance.
"Aspera's patented protocol is fast, secure, and adaptive to changing network conditions and environments," said Sachin Agarwal, Product Lead at IBM Aspera. "We make it as efficient as it can be, limited only by the laws of physics. You almost wouldn't believe it if we didn't have customers backing up our claims."
Aspera software fully leverages existing WAN infrastructure and commodity hardware to provide a predictable file-transfer experience with exceptional bandwidth control, end-to-end security, high reliability, and speeds that are hundreds of times faster than FTP solutions.
For these reasons and more, organizations that span a variety of industries across the globe now turn to Aspera to facilitate the efficient transfer of their most important digital assets.
A Proprietary Protocol for Moving the World's Data
In June 2014, IBM officially acquired Aspera in an effort to help customers increase the movement of massive data files around the world, whether on-premises or through the cloud.
"IBM acquired Aspera because they saw something magical and amazing that they knew would be helpful in terms of providing robust solutions across different areas of focus," Sachin said. "As you know, IBM has a large portfolio with a number of products, but also offers both technical and business services to help very large enterprises make the most of their operations."
Sachin said Aspera solves critical challenges, helping IBM customers seamlessly transfer files to and from the cloud, as well as within the enterprise — which is especially useful when attempting to derive business insights from big data.
Behind Aspera's speed, reliability, and comprehensive built-in security are several cutting-edge technologies. Central to the transfer platform is its FASP transport software protocol. Rather than focusing on acceleration, the technology eliminates underlying bottlenecks. It then enables the automatic discovery of available bandwidth to fully leverage capacity without impacting other traffic.
The Aspera solution set also features automatic scaling capabilities powered by multisession transfer technology. Features include available idle instances, the ability to start and stop transfer server instances automatically, and control of transfer loads per instance through the automatic balancing of client requests and configurable service levels.
Finally, the transport platform employs open-standard cryptography to authenticate users, encrypt data, and verify data integrity, ensuring customers' digital assets are protected by top-notch security.
Easing the Digital and Business Transformation Process
There's been a lot of buzz over the past decade about digital transformation — or the integration of new technical capabilities into the foundation of a business — and its ability to improve speed, efficiency, and innovation across a variety of processes.
The process typically involves significant data transfers from on-prem solutions to the cloud. In these cases and more, Aspera provides clear benefits.
"When you're talking about large infrastructure with lots of history and just massive amounts of data, that's where speed really matters," Sachin said. "With traditional methods, it could take months and months to move data from place A to place B — all while you're generating new data. Anything you can do to make that process faster makes your digital transformation story a lot less scary."
Sachin told us Aspera has users in every industry — automotive, finance, telecommunications, engineering, retail, broadcasting, etc. — and they each have their own use case for the product, from transport to synchronization and streaming. But, at the end of the day, Aspera's biggest value comes from its ability to drive real business transformation.
Fast data transfer, for example, can change the way we work when it comes to remote jobs and roles that are enabled by internet-connected technology.
"When you think about what Aspera can do in terms of empowering people to work on projects from around the world, that's fundamentally transformational," Sachin said. "You have people who don't have to travel halfway across the world to work — instead, they get to sleep in their own beds."
A Holistic Approach: High Performing, Robust, and Cloud Agnostic
Sachin told us that Aspera's fast core protocol — and the fact that it has remained robust for as long as it has — is a great source of pride for him. He's also pleased that his team has not rested on its laurels when it comes to ongoing development.
"We've taken advantage of building a number of solutions on top of that protocol to suit a variety of needs," he said. "We have on-premises options, hybrid cloud options, and a cloud-native option called IBM Aspera on Cloud. "It's scrupulously cloud-agnostic; it works just as well on Amazon, Azure, or Google Cloud."
With Aspera on Cloud, organizations can quickly exchange datasets of all sizes and types across a hybrid cloud environment, collaborate using shared workspaces, and seamlessly access data stored across multiple locations.
"Interacting through Aspera on Cloud, organizations access and share data stored between multiple clouds and on-premises data centers," said Colin Carter, Founder and CEO of CineSend, in a review on the IBM site. "Internal and external users can then collaborate over the data in a secure environment that controls access."
Aside from its cloud-agnostic services, Aspera also shines in its ability to meet customers where they are with Aspera Orchestrator, an automation tool that enables organizations to build file processing pipelines with easy-to-define rules based on existing workflows and infrastructure.
The tool also features integrations through web services, commodity wire protocols, and open APIs. "We have over 230 integrations with our Aspera Orchestrator product," Sachin said. "We're really good internet citizens in that way."
A Focus on Enhancing the Developer Experience
As for what the future holds, Sachin told us IBM will continue to make it easier for developers to get started with Aspera, with a focus on the embedded use case going into 2020.
"Making Aspera available everywhere is the general way that I think about it," he said, "We're already on all the major public clouds, on-premises, we support hybrid clouds, and we want to branch out from there."
For example, IBM recently integrated Aspera as a native capability in its IBM Cloud Paks, which run on Red Hat OpenShift (IBM acquired Red Hat in July 2019).
"We want to bring Aspera to everyone, everywhere, regardless of how you want to interact or use the technology," Sachin said. "We want to use the platform's core protocol to help people satisfy their unique needs."


text:
Reply 1080 of 1126, by Falcosoft
- Rank
- Oldbie
Meowdori wrote on 2020-06-17, 07:16:
EDIT: Small bug report for version 5.7 (32bit):
When playing a file, using a VSTi (specifically S-YXG50 in this particular tested case), going to device setup menu and repeatedly (rather quickly) untincking/ticking the "Use BASS" checkbox at least 3 times results in a memory protection fault (recoverable, without a crash). Tested OS is Windows XP Pro SP3 32bit.
Do not do this 😀
It's because when you untick 'Use Bass' FSMP tries to unload the whole Bass infrastructure (Bass_VST.dll, Bassmidi.dll, Bass.dll) in order not to cause trouble for normal WinMM Midi out ports that want to use Bass libraries themselves (e.g. ver 1.x of VirtualMidiSynth, Kode54's VST Midi Driver etc.). But some VST plugins need substantial time to properly unload (there are even plugins that cannot be properly unloaded by Bass_VST). If Bass is stuck and you want to initialize it again unexpected problems can happen.
Depending on VST plugin similar problems can also happen when you quickly and repeatedly start/stop plugin in either some of the VST Effects or VST Instrument dialog.


text:
We lost Wes Craven a few weeks ago, but his effect on the film industry was as prominent and powerful as ever at the 2015 Toronto International Film Festival courtesy of Midnight Madness selection, The Girl in the Photographs. Craven served as an executive producer on Nick Simon's latest which centers on a young woman named Colleen (Claudia Lee) who keeps finding disturbing photographs of murder victims. When a well-known Los Angeles-based photographer (Kal Penn) hears about them, he opts to take a trip to the small town to investigate and possibly exploit the situation and get inspiration in the process.
Not only does Simon credit Craven with getting The Girl in the Photographs off the ground, but Craven has also served as a longtime mentor for the up-and-coming horror filmmaker. Shortly after the Girl in the Photographs world premiere, I got the opportunity to talk to Simon about his relationship with Craven and the support and guidance he gave him while making this film. Check out what he told me about working with the legendary horror director in the video interview below.
Nick Simon:
- 00:04 – Coming up with the idea for the film.
- 01:12 – Is American Apparel aware that their ads inspired the idea for this film?
- 01:35 – Did he ever consider taking the demonic approach instead of making this a slasher film?
- 02:01 – Wes Craven was key to getting this film off the ground.
- 03:12 – How Simon first met Craven.
- 04:38 – Which Wes Craven movies influenced The Girl in the Photographs?
- 05:18 – Craven's involvement through pre-production, production and post.
- 06:00 – Getting to work with Craven and legendary cinematographer Dean Cundey.
- 06:19 – Developing the visual language with Cundey
- 07:04 – Choosing to shoot the movie on an Alexa.
- 07:38 – The short shooting schedule and finding the primary location.
- 08:29 – Coming up with the final photograph featured in the movie.
- 08:58 – Casting the villains, Tom and Gerry.
- 11:02 – Figuring out how much exposition to include.
- 12:07 – Advice Simon got from Craven that he'll take with him to future movies.
- 12:48 – Finding the right masks for the killers.
- 13:58 – They didn't test screen; they first started shooting the movie on April 15th of this year.
- 15:36 – Craven's reaction to the finished film.
- 16:21 – A Wes Craven Easter egg to keep an eye out for.
- 16:45 – Simon on his experience working on The Pyramid at Fox.
- 18:10 – His experience at TIFF.


text:
Hanging Barrier / Clear Wall Partition Kit (27" x 84") $USD
The installation of barriers and wall dividers keep your employees and patrons safe, and can also allow for more seating in your existing space. Quantity discounts and other sizes are available, please contant us.
Each barrier consists of:
- Flexible clear plastic (27" wide x 84" long x .020" thick)
- Top profile c/w eyelets for cable & rivets
- Bottom edge profile
- Ceiling loops
- Barrier clips
- 1/16" wire (30 feet per kit)
- Hooks
- Easy to install cable connectors - no crimping required!
We have standard and custom designs available or we can supply material if you are currently working with an architect or contractor. Please contact us.
This product has not been approved or cleared for medical use by the US Food and Drug Administration or Health Canada. This product has not been evaluated for the prevention of specific diseases or infections, the filtering of specific amounts of viruses or bacteria, or the killing or reduction of the amount of viruses, bacteria or fungi. This product has not been approved or certified as personal protective equipment for medical, construction or industrial use. Except where specifically prohibited by law, no warranties of any kind, either express or implied, are offered for Redwood Plastics and Rubber's shield design and specifications, including warranties of non-infringement and fitness for a particular purpose.
Damaged Shipments
If a shipment appears damaged, it should be noted by the carrier on the carriers receipt and please contact us immediately.
Returns, Cancellations & Order Refusal
Any claims for shortage or breakage for any reason, must be made within 3 days from date of receipt. Cancellations must be made in writing via confirmed e-mail within 4 hours of order placement.
Right of Refusal
Redwood Plastics and Rubber reserves the right to refuse any order for any reason. Pricing may change without notice, and in some cases, pricing errors may occur on the website, due to calculation errors or suddenly fluctuations in market conditions. In those cases, Redwood Plastics and Rubber may refuse an order, but will never charge any amount to your credit card without mutual consent of both parties. Redwood Plastics and Rubber will not be liable for any damages related to pricing errors or changes in pricing structure. It should be understood that mere placement of an order online, does not automatically imply that Redwood Plastics and Rubber will accept the order as it appears on the order confirmation. Each order must be manually verified and accepted by Redwood Plastics and Rubber at the price, delivery, and terms stated on the order confirmation. We will promptly notify the customer if there is any reason why we are unable to meet the terms and conditions of the order.
Standard Delivery & Special Delivery Instructions
Standard products ordered online for delivery within the USA or Canada (excluding Alaska & Hawaii) typically occurs within 2 - 3 working days from placement of order.


text:
Calicut University Admit Card/Hall Ticket 2015 Download for B.A B.Tech B.Com M.Com
University of Calicut Admit Card/Hall Ticket 2015 download B.Sc/BA/B.Tech/B.Com/M.Com/MA/B.Ed/BCA/BBA/MCA/M.Ed/M.Sc call letter at www.universityofcalicut.info. undergraduate and postgraduate exam hall ticket 2015 Calicut University admit card. The University of Calicut is going to conduct semester/Regular examination 2015 for undergraduate and postgraduate programms in the month of April/ May 2015. Calicut University hall ticket 2015 download hall ticket for Btech, BA, BSC, Bcom, Mcom B.ed M.ed, BBA BCA, MCA.
The students who are presently studying under the University of Calicut are searching their undrgradute and postgraduate hall ticket 2015 on their web portal. The University has declared BTech, BA, BSC, Bcom, Mcom B.ed M.ed, BBA, BCA, MCA Admit Card 2015 on its official website at www.universityofcalicut.info. The Calicut University Hall ticket 2015 for undergraduate and postgraduate courses exam will be available to download hall ticket/admit card 2015 and after its published on www.universityofcalicut.info.
Calicut University Hall Ticket/ Admit Card 2015.
The Calicut University is most popular universities of India and university is located at Agra city (UP). The Calicut University offers undergraduate and postgraduate courses/programmes and other courses such as B.Ed, B.Com, BA, B.Sc, M.Com, MA, M.Sc and etc. many candidates take admission in Calicut University to studying Undergraduate and Postgraduate program.
How to download Calicut University UG/PG Hall ticket 2015.
Log on official website www.universityofcalicut.info.
Select hall ticket for Undergraduate and Postgraduate examination 2015
After select your course of study and semester
Students fill up required information of enter their name, registration number, date of birth and necessary information.
Press submit information and Calicut University hall ticket 2015 will be generated on their screen.
Download hall ticket or admit card .
Now take printout of hall ticket for Calicut University Undergraduate and Postgraduate examination April/ May 2015
Download Calicut University UG/PG Admit Card/ Hall ticket 2015


text:
Happy International Women's Day all!
Today we recognise the achievements and work of women everywhere and celebrate their accomplishments.
Whilst today is about recognising how far we have travelled in the fight for gender equality, we must also recognise how much further we have to go, both in the UK and internationally.
Around the world 62 million girls are not in school. Globally one in three women will experience gender-based violence in her lifetime. And this includes female genital mutilation. In the developing world one in seven girls are married before their 15th birthday, with some child brides as young as eight or nine.
Our challenge now must be to build on past achievements and push for full equality for women: financially, in the workplace, in families and homes and in public spaces.
To celebrate International Women's Day 2016, SharpFutures have created 'Women Change Manchester' – a film showcasing some of the region's most inspiring women from history, presented by inspirational women from today.
I contributed to this film and spoke about the inspiring Annie Kenney, a Suffragette born in Springhead. I really enjoyed making the film and you can watch my contribution from 06mins:09secs below.
On Sunday 6th of March, Mother's Day, I attended a fantastic International Women's Day event in Uppermill with my colleague, Angela Rayner MP. Organised by the Saddleworth Palestinian Women's Scholarship Fund, the theme this year was, 'Women of Palestine, living through trauma, building resilience.'
It was a truly inspiring and thought provoking event with a great speech from Arwa who told us about her experiences of daily life in Hebron.
To find out more about the work of the Saddleworth Palestinian Women's Scholarship Fund please click here. They are currently supporting over 40 women in Gaza with their education which is making a real difference in their lives and the lives of their community.
Unfortunately two Palestinian women were unable to speak at the event due to visa restrictions which frankly seemed ridiculous given their backgrounds and previous travel to the UK. They were represented with photographs. Sorry you couldn't be here Kholood and Kholoud. Although you were both here in spirit.
I also attended a packed International Women's Day event at the weekend, organised by the Oldham Indian Association with Jim McMahon MP and the Mayor and Mayoress of Oldham. This was a fantastic event with some fab performers!


text:
Hello to everyone, my name is Kateřina Školudíková from Czech republic and everybody in Ventspils calls me Káče. You could meet me as a Eiropean voulnunteering service volunteer during 4 interesting months in
Ventspils Youth House.
After all this time when I am back in my country, I have to say that it was the most intensive experince in my life. Now, when I am back I'm getting quite often one question: "if you could go back to the past, would you want to do it again? And my answer is "DEFINITELY YES! And you should try it too!"
Before the start of my EVS (european voluntary service) story I worked for a few years in a marketing field. I loved my work and also I've fallen in love with travelling and somewhere inside of me I started to feel a desire to try to live abroad. I didn't search for it a lot and when I found EVS project in Ventspils, It looked interesting for me so I just applied for it. And now I am really happy that I didn't think over a lot about it. Because I had really nice opportinity to get to know Latvia and Latvians and because I am not a fan of winter, I am quite sure that before it, Latvia wouldn't be my dream holiday destination.
My EVS project "EVS in Ventspils city" started in october 2017 and I became a part of Ventspils Youth House. I could help them with their events which are typical for this organisation and also I could come with something new or with something what I want to try to realize. During my participation in this project I made some videos about Youth House events and about EVS, some posters and presentations for single events and I also helped with organising and preparing these events. Before going to Latvia I danced a few years in a bellydance group and because I really love to dance I had once a week a bellydance class. It was really nice, girls who joined for it were so skillful and talented. I hope that they will have a chance to continue with it. One of my wishes from EVS was to improve my english too and it's happend because I lived with two other lovely foreign volunteers so we always spoke together in english and also in Youth House I spoke just in english. Long time ago I learnt also russian language so I hoped that I could improve it here too and people from Youth House helped me also with this. They found a guy who wanted to learn english but he spoke just in latvian or russian language. So I startet to teach him. In the start it was challenge but he was skillful and patient. And I am proud at me that I could do it.
I have so many beautiful memories and I can't say what is the best but all Christmas time was for me really wonderful. I didn't go to home during Christmas time, both my flatmates went to their families and I staid alone in our flat. I wasn't so afraid that I'll miss my family a lot because we wanted to have a video call and I wasn't with them also last Christmas. But when Christmas Eve was closer and closer I felt quite homesick. But my friends from Youth House cared about me so nice and prepared for me really nice programme for Christmas holiday, one of them took me to a balet performance of Ventspils dancing school and another day she showed me Ventspils outdoor museum and other friend invited me into her warmhearted family for Christmas Eve where I felt like at home in my family.
In the end I can only recommend to all young people to try to join into EVS projects. You can just win. For example me – I've found really nice people and good friends there! Or if you don't want to go abroad just go to Ventspils Youth House because they are really cool and they can make your free time more interesting and more funny!
This article has been produced with the financial assistance of the European Union. The contents of this article are the sole responsibility of NGO "Ventspils Youth Council" and can under no circumstances be regarded as reflecting the position of the European Union.


text:
The attorneys at Fahl & Donaldson, PLLC know insurance law. Our attorneys understand the arguments that juries want to hear and the strategies that produce results. Whether your issue involves life, property, casualty, automotive or disability insurance, our attorneys have the knowledge and the skill to help you successfully resolve the problem and move forward with your life. Each of the attorneys in our negligence and tort liability team has extensive litigation experience. We provide the committed representation you need to protect your business. Our attorneys focus their insurance practice in the following areas:
We provide skilled advocacy in disputes over:
Our attorneys are highly trained professionals who work to educate our clients and protect their rights. For example, knowing the difference between a first-party claim and a third-party claim can be critical to choosing the proper insurance coverage for yourself or your business. A first-party claim involves the insurance company's refusal to pay benefits on a claim submitted by a policyholder. Third-party claims arise when an insurance company either fails to defend a suit brought by a third party against an insured or fails to pay on a claim asserted by a third party against the insured.
Knowing your rights is the first step to finding a solution to your legal problems, and we are dedicated to guiding you through the process to make sure you receive the coverage you bought. Our firm has a proven record of successful settlements and jury verdicts, and is comfortable with handling even the most complex cases.
At Fahl & Donaldson, PLLC, we defend insured claims, claims against self-insureds and claims against parties with a high self-insured retention. We also represent clients directly against claims arising from personal injury, property damage, product liability, professional malpractice, construction disputes and other disputes. We vigorously represent the insured in an attempt to minimize damages paid by them and their insurer and keep insurance premiums affordable. While we are accomplished trial lawyers, our advocacy extends to mediation and arbitration with the goal of keeping our clients out of court.
Sometimes carriers do not provide coverage when they should, and sometimes fail to properly adjust claims. We represent policy holders in first party claims against carriers that do not comply with the terms of their insuring agreement, including property, liability and builder's risk insurance. Usually such claims arise due to property damage, business interruption, defective work, loss of use, vandalism and/or destruction of a project prior to completion. Our attorneys have experience pursuing claims due to conduct that violates the Texas Business and Commerce Code and the Texas Insurance Code, and/or conduct that qualifies as bad-faith practices.
At Fahl & Donaldson, PLLC we have the necessary experience litigating insurance matters in Texas state and federal courts and are committed to resolving your legal problems and protecting your interests.
For information contact:


text:
Day 10: "TRUNK…OR TREAT"???
As a child growing up in New England in the 70's, Halloween was by far my favorite holiday. Back then, we had these really hard plastic masks that were uncomfortable and held on your head by an elastic. My siblings and I would decide ahead of time which costume we were going to wear and head out right at dusk with our pillowcases to try and beat the lines of kids, which were at least 50 deep at each house. I can't even count the number of times I said 'Trick or Treat" in one night.
After a few hours, we would head home, dump our pillowcases of candy on the floor for our mom to check out (Razor blades in the apples and all that crap), we were allowed to gorge on candy and then we would head up to our brothers room, turn out the lights, turn on the flashlight and listen to spooky tales, before heading to be totally and utterly terrified and hugging my teddy for dear life.
Sadly, as we get older, "Trick or Treating" becomes less cool. I however, always loved Halloween and looked forward to the day when I could take my children "Trick or Treating". I still remember the 1st time I took Nick out for Halloween, he was 2 and I dressed him up like a Pumpkin. He had no clue what the holiday even was, and looking back, I know it was more for me than him. Three boys later, my love for Halloween is still as big as it was when I was 6 and my boys love it as much as I do. It goes deeper than the tradition of "Trick or Treating", it's the history which makes it so amazing!
5 years ago, we moved from Rhode Island to Illinois. My youngest son Hunter (10), was looking forward to "Trick or Treating" with his brothers and it blew our minds to see signs up for "Trunk or Treating"!!! WTF! Are you kidding me? Where did that come from? Laziness that's where! Parents can't be bothered with this amazing tradition that goes back centuries! CENTURIES! I don't want to hear it is about safety. You generally live in a neighborhood and know most of the people. You know how many kids I got last year…2! Parents now a days, shelter their kids and try to control every aspect of their lives instead of teaching them how wonderful and rich tradition is.
I end this piece wondering will Halloween even exist when my kids have kids, or will it be another story of yesteryear's?
Stay tuned for more interesting facts and articles about our favorite haunted holiday! You can check out past Halloween related articles here:
~The Haunted History of Halloween~
~Check Out Some Hauntingly Good Classics~
~A Short History Of The Halloween Mask: Part 1 of 2~
~Part 2 Of 2: History of THEEE Halloween Mask!!~


text:
This book by covers housing, feeding, breeding with species specific chapters on captive care of this finch group. Colour images.
The author's knowledge on Estrildid finches is the result of over 40 years of breeding, much research with fellow breeders, biologists, bird vets and nutritionists.
Chapters 1–10 deal with the general aspects of keeping and breeding Estrildid finches: how to start and what type of accommodation to provide, design requirements for cages and aviary, and other factors affecting the well-being of the birds (and, therefore, breeding success). Next, the various types of food required, their composition and preparation, auxiliary substances and food supplements, plus some notes on drinking water.
The text supports in answering the questions of deciding which birds to keep and how many, and what aspects to consider in this regard, including reproduction. Attention is also given to bird diseases and how to prevent or fight them.
Chapter 11 contains a list of the bird species discussed in this book. They all belong to the family Estrildidae and are grouped together according to genus. As the division of species into subspecies is not of real importance in the context of breeding, this aspect is not considered here and the reader is referred to the companion book Estrildid Finches in the Picture.
Chapter 12 focuses on keeping and breeding specific groups of Estrildid finches.
Finally, Chapter 13 gives a description of the author's aviary, which serves as a practical example further illustrating several recommendations.
The views expressed stem from a passionate interest in the keeping and breeding of Estrildid finches.
This book will contribute to the well-being of the birds and enhance breeders' knowledge in the keeping and breeding of Estrildid finches.


text:
Hayato Dōdō
Before BorderlandEdit
Dōdō's mother became a problem gambler when she began aware of her husband's affair. Eventually Dōdō's father left the family, excusing the debt her mother had accumulated and her unstable mental health which required long term clinical care in the hospital. Being taken care by his maternal grandmother, Dōdō fell in love with his classmate. His best friend volunteering to be the matchmaker, ended up dating the girl in Dōdō's place, even though the girl was originally in love with Dōdō's friend. Saddened by his failed family and first love, Dōdō made a wish to escape to an unknown territory.
Borderland: First stage Edit
Dōdō enters the Borderland 4 days after Ryōhei Arisu has joined the Beach society. He is attracted to a lit commercial building upon nightfall, which turns out to be the arena of the Four of Hearts. After being betrayed by a female player, Dōdō is enraged. He sheds crocodile tears and lies about the answer during the question that he is knowledgeable thanks to his sick mother. He regrets it after his dishonesty causes the death of the previously cheating player, but another hooded player helps Dōdō win the game first and Dōdō in return searches the correct answers for him to survive the game. This hooded player turns out to be Arisu.


text:
|Reminiscences of Tom Place
|Marching, Drill And More Marching
|I served in Tonfanau from 7th January 1963 to December 1964. I remember arriving at Tonfanau by train (which I'm sure most did) and being ambled to the top of the camp where 'R' Company was located. We were then informed that we would be in Recruit Company for the next three months. Didn't know any different then but I found out later that the last recruits only did half a term where we were having to do a whole term. What with having one of the worst storms that decade it didn't make for a nice stay. Our troop Sergeant I remember was an R.M.P. but don't remember his name. It's a bit vague really the time spent in 'R' Company as all we did is marching, drill and more marching. Remember going to the MRS for all the jabs in one go.
|Then Easter holidays came round and we all put on the different trains depending where you lived in Great Britain.
|Now I was a real soldier as I was no longer a recruit and I belonged to 'D' Company. The Troop I went to was 'Minden' and one of the adult Sergeants was named Ward. He was in the Intelligence Corps. I do remember that the troop was the boxing troop for the Regiment.
|I can confirm that the Ugandan refugees where billeted there as I had a weeks holiday in the area some years back and went for a nostalgic trip to Tonfanau to have a look around. Just over the railway line by the station was/is a farm and I spoke to the occupant. After I had said who I was his words were "O you were one of those noisy lot" which he then said "at least you were not as dirty as that other lot that was in there." I was wondering if he got it mixed up!!
Return To The Sandbag Menu
Why not tell us what you remember:
Email the Webmaster


text:
When the movie came out, I kept hearing about Lisbeth Salanders haircut. They have elements of texture, disconnection, undercut sides, super blunt lines, jagged edges. A bold and edgy cut for the brave lady who wants to make a statement. And I recommend this haircut on medium to thick hair of any texture. I would like to challenge a curly haired girl to try this look because I think it would be crazy bangin!
What I learned from cutting her hair in a The Girl with the Dragon Tattoo haircut is that blunt lines make their point a lot better on very dark hair, but it still worked.
*By purchasing this video, you are assuming full responsibility for any liability arising from the use of this video. This includes personal injury and damage to personal property.
There are no reviews yet.


text:
The SPM 1200 MkII is widely regarded as our most famous power amp and one that neatly combines great performance and fine value for money. The 350-watt powerhouse offers huge reserves of instantly delivered, precisely controlled power.
Using the latest low-distortion amplifier circuitry with our own proprietary lateral-structure dual-die MOSFETs (16 x 150 watt devices per channel), the SPM1200MkII is able to drive more difficult loudspeaker loads effortlessly, with clarity and precision.
At the heart of the amplifier is our own 2KW high-frequency switch-mode power supply with our unique dynamic coupling. The technique allows instantaneous power to be taken from both power rails simultaneously when the music demands, giving perfect balance and dynamic precision.
The technology is complemented by a large bank of energy-storage capacitors that are 'recharged' by the power supply many thousands of times a second, giving the amplifier huge reserves and the ability to react without strain, to any signal.
The amplifier offers both balanced and unbalanced inputs (two of each), plus a pair of high-current loudspeaker outputs with gold-plated connections. Simplicity of operation is retained with a single power button to switch the SPM1200Mk II out of standby.
Room Design Service
Have the cost of your room design deducted from any equipment purchased
Installation Service
Ask our friendly team about our installation service
Visit Our Showroom
121 Brunswick St, Fortitude Valley, Brisbane QLD 4006


text:
Congratulations to Godfrey Dalitso Kangaude, a doctoral candidate at the University of Pretoria, and Prof. Ann Skelton, Director of the Centre for Child Law at the same university, for publishing the following article in an open access journal. We are pleased to circulate an expanded abstract below:
Godfrey Dalitso Kangaude and Ann Skelton, (De)Criminalizing Adolescent Sex: A Rights-Based Assessment of Age of Consent Laws in Eastern and Southern Africa," SAGE Open (Oct-Dec 2018): 1 –12. Article online.
Abstract: Age of consent criminal laws imposed on African states during colonialism were inherently patriarchal and gender-stereotypic, and continue to influence country approaches toward adolescent consensual sexual conduct. There are two major policy positions: a punitive and a nonpunitive approach. Most countries adopt the punitive approach. Mostly, legislation does not explicitly criminalize consensual sexual conduct between adolescents, and this leaves a gray area to be filled in by social and cultural norms that perceive adolescent sexual conduct negatively. Punitive approaches have been justified as necessary to curb harms to adolescents resulting from sexual conduct, including teenage pregnancies and sexual abuse. Age of consent laws, especially in their original colonial formulation, deny adolescents–especially girls–sexual autonomy and agency. States focus more on punishment than on taking measures to address the structural antecedents of harms associated with sexual intercourse. States should reform age of consent laws to decriminalize consensual sex between adolescents in accordance with recognized rights of the child.
Drawing upon concepts from childhood sociological studies, the article examines historically and culturally constructed notions of childhood and adolescence and ideas about sexual agency of children. Using findings of a study, conducted by the Center for Child Law of the University of Pretoria, on age of consent laws in Eastern and Southern Countries, the article addresses questions about the rationale for age of consent laws, and whether and how these laws could be reformed to better align with the rights of the child. The article also examines these questions through the lens of court decisions in South Africa, Kenya and Zimbabwe that dealt with the issue of criminalisation of adolescent consensual sex. The article makes a case for decriminalisation because criminalisation infringes the sexual agency of adolescents and infringes on a host of rights including the right to dignity, equality and privacy. Criminalisation also impacts on other aspects of the well-being of the child and adolescent. including sexual health and protection from harms related to sexual conduct.
This 12-page article: is online here.
Cases mentioned:
- C.K.W. v Attorney General & Another [2014] eKLR, Petition 6 of 2013 (High Court of Kenya at Eldoret). [Court upholds criminalisation of adolescent consensual sex, ignores gender bias in the law.] Decision online.
- S v. Brian M. [surname editorially abridged] [2015] ZWHHC 106, CRB No. B467/14 (High Court of Zimbabwe at Harare). [Male's sentence reduced for adolescent sex.] Decision online.
- Teddy Bear Clinic for Abused Children and Another v Minister of Justice and Constitutional Development and Another (CCT 12/13) [2013] ZACC 35; (Constitutional Court, South Africa). [Laws criminalising adolescent consensual sexual conduct suspended, pending review by Parliament.] Decision online.
- Martin C. v. Republic Criminal Appeal No. 32 of 2015, April 26, 2016 (High Court of Kenya, at Malindi). [sexual relationship between adult man of 23 and girl of 14 is not "defilement" because it was consensual.] Decision online.
- The State v. CF (A Juvenile) HH 143-11, CRB 5,320/10 July 21, 2011 (High Court of Zimbabwe). Consensual adolescent sex is allowed. Decision online.
Highlight: Adolescent Consensual Sexual Conduct.
Related resource:
Legal Grounds III: Reproductive and Sexual Rights in Sub-Saharan African Courts
Pretoria: Pretoria University Law Press (PULP), 2017. Online edition with decisions and updates. Entire book, 228-pages. Printed copies available.
Compiled by the Coordinator of the International Reproductive and Sexual Health Law Program, reprohealth*law at utoronto.ca For Program publications and resources, see our website, online here. TO JOIN THIS BLOG: enter your email address in upper right corner of this webpage, then check your email to confirm the subscription.


text:
Bruno Faidutti, noted game designer, wrestles with changes required in the art for one of his games over at his blog. The game involves exploration of an island populated by tribespeople, and the tribespeople were originally drawn as black guys with really big lips. It's interesting - he realizes the old pictures were bad because he's been told they were, but he doesn't really get at the gut level why the old pictures would be condemned here in the US. He's even able to figure out some of the historical reasons why (especially in his note down at the bottom) but (if I read him right) he winds up thinking Americans are just touchy and too politically correct. I think that's sometimes true (see my earlier posts on the King Phillip's War game), but not in this case.
I suppose Bruno probably wouldn't want to hear that the art, even after the changes, would still be considered in bad taste by many Americans, even though it's being marketed by an American company. Not the screaming bad taste that the outrageously swollen lips in the original art showed, but still not representing people of color in a positive light. The bone-in-the-nose thing, which he thinks is not offensive, actually would be - see here for an example of racist thinking at work in another venue. The feather ornaments and such, too, probably.
Caricature is tough - you want to exaggerate certain features for humor, but you don't want to slide into stereotype. Some political cartoonists have chosen racial stereotypes drawing Obama (see the Tea Party Comix for an extreme example); others have emphasized other features, like his slight physique and his ears, to get at more humor value without awakening past racist traditions.
The solution for this game? Easy. Make the tribesmen white (or gray-green or something) and the explorers multi-ethnic (and multi-gender). No big deal, and nobody's offended (other than maybe white supremacists). It's not like it's an actual representation of real history, right? It's a simple game, and the ethnicity of the people isn't important.
Monday, August 30, 2010
Racial stereotypes in games
Posted by Dave Dobson at 9:00 AM
Labels: Art
Subscribe to: Post Comments (Atom)


text:
Choosing a reliable tour operator is one of the most important decisions one has to make when going on an African safari. The secret to an epic trip of a lifetime is booking with a reliable and legitimate tour operator.
There are two options for a tour operator when travelling on an African safari. The first option is booking directly with a tour operator on the ground. The other option is booking with a travel agent in your neighbourhood who acts as a third party middle man. These travel agents will book your safari with a tour operator on the ground on your behalf. Both options have their advantages and disadvantages. Below are a few points you should consider while booking directly with a tour company.
The Website
Chances are that you have not been to the country you want to visit for your African Safari. Therefore, you will likely be looking for a tour operator online as opposed to visiting their offices. The operator's website is the first point of touch. It can be instrumental in helping you identify a reliable tour operator. The first observation you will make is there are hundreds of them. Here are a few tips that can help you when selecting the ideal tour operator.
Travel consultants
After establishing that indeed the website is a virtual office of a reliable tour operator, the next step is contacting them. Communicating with the travel consultants will help to establish whether they are properly trained and have the necessary experience and can offer reliable advice. Be sure to ask for information and pictures of the vehicles and equipment use. Besides, enquire about the guides who will lead the tour and their own experience of travelling the country.
Instead of emailing the company, you can just call them. Speaking to someone even if it is on the phone can reassure your trust in them. If you still have doubts, you can consult one of the accommodations on your itinerary and enquire about the services of the tour operator.
The reviews
Online reviews from reliable sources, such as Trip Advisor, have become essential in determining the reliability of companies. They are a good way of getting first-hand information from objective judges. A reliable tour operator should have positive reviews online. When considering these reviews, always remember that it is quality over quantity. The experience expressed by the reviews is more important than the number of available reviews. Besides, be keen to observe whether the company responds to both positive and negative reviews.
Negative reviews tell more about the operator than the positive ones. Check the issues raised by the former clients and how the company responded to these issues. Confirm if the company has taken actions to prevent the problem from happening again. More importantly, check the social media pages of the company. A reliable tour operator will update their social media pages regularly.
The price
A safari can only be as good as the guide that accompanies you. Education is a critical aspect of a safari and typically, education is expensive. To get the best out of your safari you need to be prepared to spend a little more. Although overpricing a safari trek does not make it necessarily good, you should be wary of cheap safari trips. Guests who pay a fair price get more out of their safari than they could very expect.
Choosing a reliable tour operator for your African safari is often a challenging task. The above tops can make it easy and in the end, let your guts and heart lead you in making the decision. Then you can look forward to a memorable trip of a lifetime.
Shrike safaris is one of the best and reliable tour operators providing services in East Africa. You can check some the reviews from our satisfied customers at on trip advisor. Get in touch with us for the best experience.


text:
Home /
Our Sources / About Us
/ FAQs /
Advanced Search
Not what you're
looking for? Try an advanced search.
Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.
Learn more about what you receive with purchase of this case.
United States District Court, D. Connecticut
March 20, 2018
Rey M. Ortiz Martinez, Plaintiff,v.Salai, et al., Defendant.
Vanessa L. Bryant United States District Judge
the Court is Plaintiff's Motion to Withdraw Admissions
[Dkt. 46.] which Defendants have opposed [Dkt. 52.] For the
reasons set forth below, Plaintiff's Motion is GRANTED
and Defendant's Motion for Summary Judgment [Dkt. 28] is
DENIED without prejudice to refiling.
I. Background
Plaintiff brought this action pro se alleging
excessive use of force and medical malpractice on September
2, 2016. [Dkt. 1.] After an initial review order,
Plaintiff's excessive force claim was allowed to proceed
against Defendants Johnson, Starks, and Marac and his claim
arising out of medical treatment, interpreted by the Court as
a deliberate indifference claim, was allowed to proceed
against Defendant Johnson. [Dkt. 8.] The Court granted
Plaintiff's motion to appoint counsel on December 1, 2016
[Dkt. 15], and attorney James Green appeared to represent
Plaintiff on June 15, 2017. [Dkt. 26.] In the intervening
period, on April 21, 2017, Defendants sent Plaintiff Requests
for Admission which concerned the February 21, 2014
altercation which is the subject of Plaintiff's
Complaint, Plaintiff's drug use, his history of
psychiatric treatment, and his alleged failure to comply by
the Department of Corrections' administrative remedy
procedures. [Dkt. 28-3.] Plaintiff, then unrepresented by
counsel, did not respond to the requests for admissions.
On June
21, 2017, Defendants moved for summary judgment as to both of
Plaintiff's claims both on the merits and for failure to
exhaust administrative remedies. [Dkt. 28-1.] Defendants
cited three pieces of evidence in support of their motion:
the unanswered requests for admission, and Department of
Corrections Administrative Directives 9.6 and 8.9, which
outline relevant exhaustion procedures. [Dkt. 28-3, 28-4,
28-5.] On August 4, 2017, the Court granted the parties'
joint motion to stay proceedings in light of Attorney
Green's recent appearance on behalf of the Plaintiff, to
allow the parties to confer regarding withdrawing
Plaintiff's default admissions, and to allow Attorney
Green time to familiarize himself with the case and either
resolve the case out of court or prepare a response to the
pending summary judgment motion. [Dkt. 39.] On January 22,
2018, Attorney Green filed a motion to withdraw admissions.
[Dkt. 46.] The Court lifted the stay on January 25, 2018.
[Dkt. 48.] On February 2, 2018, Defendants filed an
opposition to the motion to withdraw admissions. [Dkt. 52.]
Plaintiff filed a reply in further support on February 16,
2018. [Dkt. 58.]
Exhibits to Defendants' Opposition
have submitted four exhibits in support of their opposition
to the motion to withdraw, each of which concerns the
February 21, 2014 altercation. Two of those exhibits are
video recordings. The first video, recorded by Corrections
Officer Dunn, shows Corrections Officer Johnson standing
outside Plaintiff's cell on February 21, 2014 at 7:00pm.
The door to the cell is closed and Plaintiff is not visible.
Officer Johnson states Plaintiff is wearing hand restraints
and refusing to take them off, and an on-call medical
professional has deemed him in need of an injection due to
erratic behavior. Id. at 0:16. Officer Johnson
states a team of officers is suiting up to assist with giving
that injection. As Officer Johnson speaks, Plaintiff can be
heard yelling in Spanish. Id. Officer Johnson then
turns to Plaintiff and says "do me a favor, sit on your
bunk." Id. Plaintiff responds "I need
some water." Id. Johnson responds "sit
on your bunk for me first." Id. Plaintiff says
"I don't need to sit down." Id.
Plaintiff's face can then be seen through the window to
his cell; he appears not to be wearing a shirt, and is
singing in Spanish. Id. at 50. Officer Johnson
attempts multiple times to engage Plaintiff in conversation
or get him to sit on his bunk; Plaintiff is unresponsive and
continues singing. Id. at 1:30.
second video shows four corrections officers preparing to
confront Plaintiff on February 21, 2014 at 7:30pm to
administer a medical injection. The officers are named as
Marac, Seeley, Starks, Wolmy, with Mattias recording the
video and officer Zayas providing instructions. Plaintiff can
be heard yelling in Spanish before the officers enter, but
Plaintiff is not visible on the video before the officers
enter. Before entering, Officer Zayas states "Ortiz,
we're giving you a last and final direct order: sit on
your bunk." Id. at 3:05. Plaintiff is still
not visible on the video, but continues yelling. Id.
Officer Zayas orders the cell door to be opened and the four
officers enter quickly. Id. at 3:08. The video then
shows the four officers bending down in the corner of the
cell with a fifth officer overseeing them. Id. at
3:11. Plaintiff cannot be seen on the video, but can be heard
calmly stating "I'm basically down, man. I'm
basically down." Id. at 3:15. Plaintiff then
yells in Spanish and can be heard yelling "ow!"
Id. at 3:25. Another individual wearing scrubs then
enters and leans over next to Plaintiff. Id. at
3:35. The video does not show the physician's hands.
Plaintiff yells "no!" Id. at 3:39. The
physician then announces, "sharp in, " raises a
needle within view of the video camera, lowers the needle
from view, announces "sharp out, " and exits.
Id. at 3:50. Officer Zayas instructs him to lay on
his back, and Plaintiff responds that he will not; Plaintiff
tries multiple times to get up, and the officers continue
attempting to restrain him. Id. at 4:07. Officer
Zayas then tells Plaintiff to relax, and states the officers
are going to remove his handcuffs. Id. at 4:50.
Plaintiff agrees. Id. The officers crowd around
Plaintiff again, who is on the ground in the corner of the
cell out of view of the camera. Id. at 4:59.
Plaintiff begins urgently repeating "take them
off!" Id. Officer Zayas states "listen
to me, stop, we're taking them off, relax!"
Id. Officer Zayas "stay right where you are,
do not move, understand?" Plaintiff responds
"yes! Alright!" Id. at 5:01. After
repeating that exchange multiple times, the officers back
away from Plaintiff, who appears naked, and close the cell
door as Plaintiff stands in front of them with his arms up.
Id. at 5:46. Plaintiff can be heard yelling again as
the officers walk away. Id. At 5:55.
also offer an incident report dated February 21, 2014, in
which the Department of Corrections officers involved in the
incident describe their version of events as consistent with
the narrative asserted in Defendants' motion for summary
judgment: that Plaintiff was "refusing to take his
medication and was acting erratic and kicking the cell door
and banging on the window, " and DOC employees
responded by entering his cell, restraining him, and calling
the on-call physician to administer a medical injection.
[Dkt. 52-1 at 4.]
Defendants offer excerpts from Plaintiff's medical
records including an entry dated February 21, 2014 which
describes Plaintiff as "paranoid" and states he
held a pen "as a weapon" during his medical
appointment, at which point two lieutenants, a captain, and
several corrections officers removed Plaintiff. [Dkt. 51 at
3-4.] Plaintiff then "bang[ed]/punche[d] [the] screen
and door with considerable force" and exhibited
"posturing such that [Plaintiff] [was] definitely [a]
danger [to] others." Id. at 4. The Court does
not have video footage of this altercation.
Standard of Law
"A party may serve on any other party a written request
to admit . . . the truth of any matters within the scope of
Rule 26(b)(1) relating to: (A) facts, the application of law
to fact, or opinions about either; and (B) the genuineness of
any described documents." Fed.R.Civ.P. 36(a). "A
matter is admitted unless, within 30 days after being served,
the party to whom the request is directed serves on the
requesting party a written answer or objection addressed to
the matter and signed by the party or its attorney."
Id. The Court may permit withdrawal of an admission
"if it would promote the presentation of the merits of
the action and if the Court is not persuaded that it would
prejudice the requesting party in maintaining or defending
the action on the merits." Fed.R.Civ.P. 36(b).
prejudice contemplated by Rule 36(b) is not merely that the
party obtaining the admission must, as a consequence of the
withdrawal, prove the matter admitted but rather relates to
difficulties the party may face in proving its case, such as
the availability of key witnesses." Rosenbaum v.
Farr, 3:11-cv-1994, 2013 WL 6860102, at *1 (D. Conn.
Dec. 30, 2013) (allowing withdrawal of default admissions
where responses to admission were filed late). Prejudice
under Rule 36(b) generally exists where the party will face a
"sudden need to obtain evidence upon withdrawal or
amendment of an admission." Vandever v.
Murphy, 3:09-cv-1752, 2012 WL 5507257, at *2 (D. Conn.
Nov, 14, 2012) (admonishing defendants for failing to abide
by deadlines, but permitting withdrawal of default
admissions, where defendants did not serve responses to
requests for admission until four months ...
Our website includes the first part of the main text of the court's opinion.
To read the entire case, you must purchase the decision for download. With purchase,
you also receive any available docket numbers, case citations or footnotes, dissents
and concurrences that accompany the decision.
Docket numbers and/or citations allow you to research a case further or to use a case in a
legal proceeding. Footnotes (if any) include details of the court's decision. If the document contains a simple affirmation or denial without discussion,
there may not be additional text.
Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.
Learn more about what you receive with purchase of this case.
LRC, Inc. About Us


text:
Nice guest spot in a well-maintained Boca Raton community. Central to places of worship and universities. Monthly, daily and weekly rentals. Services offered at an additional charge: car wash, turning on car and taking a short drive every 1-2 weeks for longer stays, drop-off or pick-up car, pet care, indoor plant care, housesitting
What City? Tip: Also include city in "Listing Title" above.: Boca Raton (West / Powerline Rd / Turnpike)
Nearby Events or Venues Tip: Also include city in "Listing Title" above.:
Near Airport
Near Bus/Train Station
Near Stadium or Concert Venue
Near University or Hospital
Near Lake Beach or Seaport
Near Major Employer
Near Tourist Attraction
Near Major Bar, Club, or Restaurant
Near Other Events or Venues
Additional comments (description) of venues or events nearby: Walk to busses; close to Town Center Mall, Tri-rail station, FAU, Lynn University, beach
Vehicle Types (Check all that apply):
Recreational Vehicles (RV)
Long Haul Trucks
Boat Slips
Additional comments (description) of what can park: Daily, weekly or monthly available
Additional services:
Car Wash
Covered Parking
Gated Community
24 Hour Security
Electric Charging Station
Other Parking Services
No Additional Services
Additional comments (description) of services offered: Additional fee: longer stays, turn on and drive car for short drive to keep it running optimally
Additional parking Requirements or Terms: Contact for details
Additional instructions to the driver: Display parking pass or copy of one
Acknowledgement: I maintain full care, custody, and control of this property. I acknowledge that there are no local ordinances prohibiting this listing, rental, or lease. (To acknowledge, type Yes): Yes
Marketing Acknowledgement: I acknowledge CurbFlip may modify my listing by adding additional pictures, videos, and/or text to my original listing to adhere to CurbFlip's marketing standards. (To acknowledge, type Yes): Yes