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Denis Ferdinand Tschirhart of Castroville passed away onFebruary3, 2017in Castroville at the age of 91 years. Continue reading "Denis Ferdinand Tschirhart"
Category: Obituaries
Celebrating the lives of the loved ones we've lost
Denis Ferdinand Tschirhart
Denis Ferdinand Tschirhart of Castroville passed away on February 3, 2017 in Castroville at the age of 91 years. Continue reading "Denis Ferdinand Tschirhart"
Jeanette Jo Franks
Jeanette Jo Franks, 75, of Bandera, passed away on February 4, 2017 in Bandera.
She was born in Quincy, Illinios to Louis Gene and Ruth Elizabeth LeMatty on June 12, 1941. Continue reading "Jeanette Jo Franks"
Robert Henry Gonzales
Robert Henry Gonzales of Lytle passed away at home at the age of 86 on Saturday, February 4, 2017. He was born on April 26, 1930 in San Antonio to the late Frank and Minnie Gonzales. Continue reading "Robert Henry Gonzales"
Guadalupe A. Castro
Guadalupe A. Castro age 91, of Natalia, Texas passed away Sunday, February 5, 2017 in Sealy, Texas. Continue reading "Guadalupe A. Castro"
Josephine Eldridge Kast
Josephine Eldridge Kast, passed away on February 1, 2017 at her home in San Antonio at the age of 83 years . Continue reading "Josephine Eldridge Kast"


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In Memory of my Sister
Post a link to your shows created with ProShow Producer and get feedback from others. Please include a short description or title for each show link along with the approximate running time. If you don't want to chance getting criticism, please don't post your show.
6 posts • Page 1 of 1
In Memory of my Sister
A celebration of her life.
Nothing objectionable.
Length: 2:41
Nothing objectionable.
Length: 2:41
Re: In Memory of my Sister
Beautiful tribute to your sister, John, and very sorry about your loss. It looks like she lived a full life surrounded by lots of people that loved her.
Thanks for sharing with us.
Thanks for sharing with us.
Re: In Memory of my Sister
Thanks Ginger.
- Cliff.Thomas
- Esteemed Member
- Posts: 164
- Joined: Sat Oct 18, 2008 10:54 am
- Location: Goodyear, AZ
Re: In Memory of my Sister
Nice job. Something that the family can cherish for many years to come.
Canon 60D, Photoshop CS5, ProShow Producer 7
- davejaseck
- Posts: 7
- Joined: Mon Nov 06, 2017 1:57 pm
Re: In Memory of my Sister
Hi John....wonderful show and it becomes the keeper of the treasured memories of her, rather than in a shoe box hidden away. No one knows better than I what it means to lose a dear close one in your life. Sorry for your loss, but believe she is out there somewhere, just out of our sight....Dave
Re: In Memory of my Sister
Thanks Dave.
6 posts • Page 1 of 1
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Pierre-Marie Dupuy is Emeritus Professor at the University of Paris II (Panthéon-Assas) and at the Graduate Institute of International and Development Studies in Geneva. He also held the chair of general international law at the European University Institute in Florence (2000–8). Professor Dupuy has extensive experience in international law practice, in particular as counsel for governments in numerous cases before the International Court of Justice and as international arbitrator in the field of international investments law. He is a member of the Institut de Droit International (International Law Institute).
Jorge E. Viñuales is the Harold Samuel Professor of Law and Environmental Policy at the University of Cambridge and is the Director of the Cambridge Centre for Environment, Energy and Natural Resource Governance (C-EENRG). He is also Of Counsel at Lalive and a member of the Compliance Committee of the UNECE Protocol on Water and Health. Before joining Cambridge, he held the Pictet Chair of International Law at the Graduate Institute, Geneva, where he keeps an affiliation. Professor Viñuales has wide experience as a practitioner both in litigation, as arbitrator, counsel and expert, and in transactional matters relating to international law.
These resources are supplementary materials for instructors and/or
students that support enhanced teaching and learning outcomes. Such
resources provide additional content, or present content in an
alternative form to support instructors working on course material.
Some of these resources are available to instructors only, and not all
titles will have supplementary materials.


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This fall and winter, the Billybandit boys are propelled into outer space, left to explore the wondrous galaxy in all its glory. These little astronauts are skipping across stars and hopping planets while carefully dodging millions of asteroids. You will find this stellar collection to be a reflection of such adventures, complete with panda astronauts and the occasional wandering dinosaur curious about the world up above.
As the season progresses into the cooler months, the boys are brought back down to earth and back through time. Their time-traveling adventures launch them into the prehistoric era, thriving with the biggest dinosaurs and creepy crawlies of all sorts. From the ferocious T-Rex to a humorous Triceratops rocking a flannel and bowtie, there is definitely no shortage when it comes to a vivid imagination.
With the arrival of winter we climb back up to the mountain peaks with a wardrobe paying homage to the glory of winter sports. Outfits radiate the bold team colors of red, white and blue while being softened with a wintery flecked gray. You'll find mountainscapes, ice hockey battles and the occasional yeti adding a rather comical touch. Materials are adapted to the season as well and you'll find softer fleece and cozier knitwear to combat the cold.
So will it be outer space? Land of the dinosaurs? Or up in the chilly mountaintops packed with snow? The answer is up to your little boys to decide. Let them choose their own adventures and immerse themselves in the wonderful imagination of youth. They get to choose their path - Billybandit simply helps them along.


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I have just purchased a new QE65Q90R. I set everything up, connected it to my sky tv box and it seemed to be working. After just a few seconds though, the sky programme disappeared and was replaced by the image below. The sound of the TV programme was still working through the tv speakers. I connected it to my nintendo games console and the same image appeared.
Can anyone advise what this image means or what the problem is? Is it a fault with the one connect cable?
Thanks in advance. Any help would be much appreciated.
Solved! Go to Solution.
Purchased a new tv less than two weeks ago. Bought the Frame tv QN55LS03T and of course it comes with the One Connect box so you have only one wire showing. I followed directions and was extremely careful as I hooked it up to
my AT&T dvr and then turned it on. All seemed to load up and it was working for the next couple of hours. The next day turned it on and that was never to be again. It does not recognize HDMI 1, 2 3 or 4! It knows something is there because it says unknown. This went on for the next 4 days with Samsung, AT&T and the seller of the tv. I tried another one connect box, a roku and a laptop, sometimes it says HDMI1 unknown, othere times it says no signal, please turn on device. I am now waiting for the sellers IT people to call me so they can say the same thing....I don't get it! Anyone out there know anything else?
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The nCamp Gas Adapter allows the nCamp Stove to use mixtures like Isobutane-Propane as fuel. It has a head that attaches to the combustion chamber bottom plate, a hose that connects to a gas cannister and a flow adjustment valve.
Shipping Availability
Shipping Policy
Standard Ground Shipping
Return Policy
Return for store credit within 7 days of receiving the item. Free return shipping.
Ships In 3-5 weeks
If the estimated ship time seems a bit long, it's because many items are shipped in bulk at the end of the sale (on Nov. 17), which is what affords you the discount. Some items are also made-to-order and/or are shipping internationally. The best things are worth waiting for!
Gas Adapter
translation missing: en.products.general.tab_sku NAC00PAUS
translation missing: en.products.general.return_title This product may be returned within 30 days of purchase with original receipt (See our Return Policy). This product does not ship to Armed Forces Americas, Armed Forces Europe, Armed Forces Pacific, Alaska, Hawaii, Canada, or Internationally


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How It Works
Exceptionally hydrating while keeping the complexion mattified, Refining Moisturiser is ideal for creating the perfect base for make-up. The matte base softly diverts the eye away from enlarged pores, which can be emphasised by a dewy complexion. Combining Medik8's signature Moisture Magnets™ with glycerin and hyaluronic acid, the lightweight cream delivers a hit of hydration to keep your skin soft and supple all day long. Red clover extract, proven to reduce sebum production; promotes a fresh, mattified complexion while acting as a natural astringent to gently minimise pores. Mandelic acid softly exfoliates within pores to refresh the complexion, leaving skin smooth and soft.
Key Benefits
A matte-finish moisturiser that targets the underlying causes of enlarged pores while also hydrating and nourishing skin. Botanical extract, red clover, alongside mandelic acid provide all-day shine control and a flawlessly smooth complexion. Lightweight yet intensely hydrating, skin feels replenished, supple and perfectly smooth. Refining Moisturiser has an invigorating and fresh scent; awakening the senses with a fusion of mint and lavender.
How to Use
After cleansing in the morning and evening, blend a small amount of Refining Moisturiser across the face, neck and décolletage.
Aqua (Water), Isododecane, Dimethicone, Glycerin, Saccharide Isomerate, Hydroxyethyl Acrylate/Sodium Acryloyldimethyl Taurate Copolymer, Sucrose Distearate, Sucrose Stearate, Isohexadecane, Dimethicone/Vinyl Dimethicone Crosspolymer, Distarch Phosphate, Mandelic Acid, Trifolium Pratense (Clover) Flower Extract, Sodium Hyaluronate, Ethyl Linoleate, Isopentyldiol, Sodium Acrylate/Sodium Acryloyldimethyl Taurate Copolymer, Butylene Glycol, Citrus Aurantium Bergamia (Bergamot) Fruit Oil, Hydroxypropyl Bispalmitamide MEA, Ethylhexylglycerin, Xanthan Gum, Lavandula Angustifolia (Lavender) Oil, Mentha Viridis (Spearmint) Leaf Oil, Phenoxyethanol, Disodium EDTA, Pogostemon Cablin (Patchouli) Oil, Sodium Hydroxide, Linalool, Limonene.


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The Sydney Piano Marathon
When: From 23-Jul-20 to 26-Jul-20, at 7.30pm AEST | 10.30am London | 05.30am New York
Where: See link below to register
The Sydney International Piano Competition presents The Sydney Piano Marathon.
From Thursday 23 July they will webstream the entire 2016 competition – preliminaries, semis and finals – continuously over four days, with messages and commentary from the 2016 laureates, jury, chamber musicians, schools and other members of The Sydney's extended family.
Click here for all details on how to watch the free webcast or to donate.
Posted on July 23, 2020 @ 13.21


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OptinMonster Cyber Monday Discount
Black Friday Update
We're giving away a brand-spanking-new MacBook Pro 😀
Here's the deal:
– It starts November 11th, 12:00am, EST
– It ends December 3rd, 11:59pm, EST
– Winner receives a MacBook Pro 🙂
Anyone can enter once a day, every day, until the giveaway ends. The more times you enter, the higher the chance of winning the prize!
Check it out! https://optinmonster.com/black-friday/
And, starting November 25th, the best deal of the year begins and you won't want to miss this.
All OptinMonster plans will be 35% OFF with coupon code "BF2019" for Black Friday 2019!
OptinMonster's Black Friday deals will show up on the same page as the giveaway: https://optinmonster.com/black-friday/
Anyone who buys OptinMonster will also be able to choose between one of several freebies. That's right, they'll receive an additional 100% FREE prize to grow their email list, sales, or site.
What is OptinMonster?
Convert and Monetize Your Website Traffic. Instantly boost leads and grow revenue with the most powerful conversion optimization toolkit in the world.With some of the best-designed optin templates in the industry and super targeted display options you are guaranteed a significant boost in leads and conversions when using OptinMonster on your website or online shop.Especially useful to online shop owners is there cart abandonment options to name but a few of the standout features of OptinMonster.See a demo of OptinMonster.
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To all Training Institutions, Nursing Stakeholders and Invigilators
Examinations to be held during the year 2004
The proposed Schedule of examinations for the calendar year 2004 is published for your information.
Please note that examinations will only be held when there are candidates registered for that particular examination.
Enquiries can be directed to Ms Marga Cronje at telephone (012) 420 1079.
(Signed: G Ramadi)
2004 - 2020
South African Nursing Council (Under the provisions of the Nursing Act, 2005)


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H&N uses GreenLine raw materials-tin, zinc, iron, and plastic-thus avoiding lead in the overall manufacturing process. As early as 2009, we introduced tin-based, lead-free air gun pellets. As a leader in our industry, we also have taken a leadership role in responsibility for both people and the planet.
Secure Shopping
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The Whens and Whys of 'Sayang': How A Word Captures Our Region's History by SWF
How a word can have multiple meanings at the same time, and have their meanings change over time, is an interesting mirror to the unfolding of history. This lecture looks at one word in particular, 'sayang', charting its path of adaptation from pre-colonial and colonial histories to the post-colonial present; and considering how the changes in its meanings and application — from fables to novels to cinema and pop culture — tells us more about ourselves, like how our own sensibilities and worldviews have evolved, leading to the postmodern present which we inhabit today. The word remains the same, but do we sayang today as our ancestors did?
Brought to you by Singapore Writers Festival.


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We can't talk about video SEO without mentioning YouTube. After all, it's the second largest search engine in the world after Google, and somewhere your video content should definitely be ranking. Consistent videos on YouTube answering your target audience's questions can continue to rank and build up awareness for months and years to come. And because YouTube is owned by Google, a high ranking on YouTube also frequently correlates to a high ranking on Google.
Search algorithms are increasingly prioritizing web pages with video and videos now appear in 55 percent of Google keyword searches. Besides helping your website rank on relevant searches, videos also make your snippet (or the actual result listing content) bigger and more eye-catching, meaning searchers will likely see it before they see other results on the page.
Video and mobile go hand in hand. 90% of consumers watch videos on their mobile. From Q3 of 2013, mobile video views have grown more than 233 percent. YouTube reports mobile video consumption rises 100% every year. Since people like to watch videos on the go, and the number of smartphone users is growing, your video audience keeps getting bigger and bigger.
Customer testimonials are usually between 30 seconds and two minutes long and can focus on one happy customer or numerous. These videos are highly versatile, meaning you can publish them almost anywhere. You'll just want to make sure whoever you film is wholly authentic — a forced or fake-feeling testimonial could be more detrimental to your brand, so take some time to find the perfect person.
There are two crucial components to any video: audio and visuals. On production day, you want to make sure both are meeting your standards. You'll want to test all your equipment and work with an experienced producer to get the best sound and picture possible. You'll want to check all the sound equipment (mics, booms, and more), as well as all your camera equipment. If you're on set, make sure your shots match your storyboard and your brand style. If you're not on set, ask for photos or video chat for a few minutes to make sure your video is coming together as it should.
You can work with bloggers or influencers to create and promote videos. Rather than dealing with making the videos yourself, or paying someone else and then having to find a way to promote them, why not work with someone who can make and promote your videos? Vloggers with a large and relevant audience will be happy to work with you on a partnership. By integrating your product or service into their current video format, there should be little extra work for them to complete.
In the last 10 years, the digital landscape has changed significantly. People are phasing out desktop and laptop computers to search the web and interact with content. Instead, they are picking up their mobile phones and tablets. What's more, digital technology is cheaper today than it's ever been before; there are virtually no boundaries on how, when and where people can interact with content.
Professional cameras, like DSLRs, give you fine control over the manual settings of shooting video and allow you to achieve the shallow depth of field (background out of focus) that people rave about. While they're primarily used for photography, DSLRs are incredibly small, work great in low light situations, and pair with a wide range of lenses — making them perfect for video. However, DSLRs do require some training (and additional purchases) of lenses.
Have a look at your current customer base. How can you profile them? What pain point are you solving? Where do they spend time online? This is the foundation of who you'll target and how you will communicate your message. If you still have not hit the audience you're aiming for, consider profiling your target audience based on the ideal customer. Ensure that they are in fact in need of your product or service and that you meet this need in a unique way within the market.
"Convert" videos may include a webinar filled with tactical advice, product demos sent via email, landing page promotional videos, case studies, or more in-depth explainer and how-to videos. For example, while an "attract" video might provide a quick tip for nailing a sales pitch, a "convert" video could be an animated explainer video that breaks down the inbound sales methodology.
Sadly, posting a video on an otherwise blank page won't do much for your SEO. Make sure you embed your video on a page full of relevant and informative content. This will let search engine crawlers know you have not only engaging multimedia on your site, but that you provide a ton of valuable and useful information. Be sure the content relates to your video — sometimes, posting the video transcript can help a lot, too.
A note about shooting with two cameras: Your editor will need to sync the footage between the different views. To help them do this, clap your hands loudly in the view of both cameras right before you ask the first interview question … yes, just like an old fashion clapboard. Modern editing software has auto-sync features, but this loud clap will help you initially line up the clips.
Sadly, posting a video on an otherwise blank page won't do much for your SEO. Make sure you embed your video on a page full of relevant and informative content. This will let search engine crawlers know you have not only engaging multimedia on your site, but that you provide a ton of valuable and useful information. Be sure the content relates to your video — sometimes, posting the video transcript can help a lot, too.
As you craft your story, keep in mind the people who will need to approve your video (your manager, your company's founder, your marketing department, etc.) and the time it takes to implement their feedback. Sudden changes in scripting, messaging, goals, and more can throw your whole production off-kilter. But still, these changes are all too common. Take a look at our creative guide that'll help you manage creative feedback from everyone on your team.
Now comes the script writing, the search for the perfect agency, the video review and edits, and celebrating finally having a beautiful, well-crafted video you can be proud of. The entire production process should take about two months with the right partner, but be sure to plan more time than you need for each of the following individual production stages so you don't fall behind.
You can work with bloggers or influencers to create and promote videos. Rather than dealing with making the videos yourself, or paying someone else and then having to find a way to promote them, why not work with someone who can make and promote your videos? Vloggers with a large and relevant audience will be happy to work with you on a partnership. By integrating your product or service into their current video format, there should be little extra work for them to complete.
Next, place the fill light at a 45-degree angle on the other side and lift it close to or just above eye level. The purpose of the fill is to soften the shadows created by the key, but without getting rid of them completely. Therefore, the fill should be dimmer than the key light. If you have to use the same type of light for both, scoot the fill back and diffuse it by clipping a clear shower curtain onto the clamp light with clothespins.
Before you start filming, set a music budget and research your local copyright laws. Copyright law can be very difficult to decipher, especially when you're dealing with digital content. Bottom line: Most music isn't free. If you use another artist's music without permission or proper licensing, you risk video removal and legal action. In order to avoid copyright infringement, you'll need to find royalty free tunes or pay a composer to create an original score. Royalty free songs aren't free to use; they're quality songs available for a single flat fee. This means you don't have to worry about paying additional licensing fees or royalties in the future. YouTube, Pond5, and PremiumBeat are all great sites to find royalty free music.
What you need are deep insights into your audience. To find them you'll need to run surveys, conduct interviews and sift through data. Start by gathering basic information like demographics, then move onto more detailed considerations of personality and preferences. Be sure to get to the root of what your audience need, what they want, and which problems you can help them with.
Growing a business isn't easy. First, you need a viable idea. From there, you need to discover a profitable niche, define a target demographic and have something of value to sell them. Whether you're peddling products, services or information, getting the word out has become increasingly burdensome. And without the right marketing strategies to fuel your growth, churning a profit and staying afloat is virtually impossible.
In the attract stage, your watch metrics, like view count, impressions, and unique users, gives you a pretty accurate account of how many people you've introduced your brand, product, or service to. You might have a formula for how many top-funnel users end up converting, so you can apply that to your unique user count. You can also measure your true conversion rate or use a cost per view calculator to figure out how many views your video needs before it becomes profitable. Behavior tracking can also give you a picture of how many people watch your video, browse your site, and then convert.
There's a lot leading up to this day, but what a day! Production dayExtended Article7 Must-Know Tips for Production Day FilmingIt's production day! All your planning and creative brainstorming have led to this. Whether you're handling production yourself or have hired a team to… Read More can be crazy and hectic, or totally cool and organized. It's when you finally see your video come to life for the first time — there's a definite feeling of accomplishment. Exciting as it may be, there's still a lot to do to ensure your video is the best it can be.
Video Marketing is a good way to promote your business. However, it's not that an easy task and sometimes you need a help from your co-workers like graphic designers if you don't know how to create or draw your own icon or image to be used in the video. Though you can get from free stock photos and icons sites to compile it for your video, I think it's better if you create your own.


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The Daily Conversation – Live – May 28, 2010
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When Rep. Kevin Brady (R-Texas) introduced a bill in January that would cut the federal workforce by 10 percent, we received numerous comments from already-over-burdened readers who feared they would be handed even more work. But some of out readers offered alternative perspectives.
The basic issue, as they see it, is that the staffing at many agencies is out of synch with the work actually being done. They agreed with Chris Edwards, editor of the CATO Institute's website downsizinggovernment.org, who described such cuts as "the low-hanging fruit" at a time when budget cuts are needed.
Some readers had particular low-hanging fruit in mind.
"I say they ask each federal employee to take a look around them and identify the dead wood," wrote an anonymous reader. "There is a GS-15 step 10 in my group that plays games on his computer all day and steals $155,500 from the taxpayers, annually."
But how do we reconcile such comments with others from readers who say they don't have enough hours in the day to get their jobs done? One possibility, suggested by several readers, is that the problem is not in the rank-and-file of the workforce, but in management.
One reader put it this way: "Picture one employee working under several managers whose positions are director, deputy director, assistant deputy director, manager, assistant manager, supervisor, assistant supervisor, and so on down the chain of command. These management positions earn up to $200,000 and up."
"When a private sector company re-organizes, the first thing they do is cut the middle management," another reader added.
But others are not convinced.
"Haven't we been around this block a few times over the past 20 years?" a reader asked. "And each and every time, a story or event will take place that has Congress screaming at an understaffed, underfunded agency to 'fix my constituent's problems!!!' Of course, the ones screaming at us to fix said problems are usually the same folks that voted to cut our funding and staffing levels."
What do you think? Putting aside the current political bickering, does the federal workforce need to be downsized or realigned? Short of cross-the-board cuts, are there particular areas in the workforce that could use some trimming? In particular, what is the state of the IT workforce?
Posted on Apr 14, 2011 at 12:18 PM
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These early-career leaders already are having an outsized impact on government IT.
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For those who want to filter the people that they are randomly selected to chat with, Wow Chat has an optional premium upgrade that you can choose to purchase.This upgrade will give you the ability to filter your potential chatmates based on their age, gender, and location.These are all features you will find on Wow Chat, which is a free website where you can meet virtually anyone that your heart desires right over the internet.Whether you want to make a new friend or possibly pursue a more intimate relationship down the road, Wow Chat is the perfect place to start making that happen.That way, you can increase your chances of finding someone that you'd be more interested in chatting with because they match the demographic that you're looking for.In addition, you will have a friend's list attached to your Wow Chat account which allows you to add friends that you make on the website.In this table you can see the top rated sites like Chatroulette by Alexa rank.
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Each section and another fortify should strengthen and integrate to create a powerful statement. All pieces of your online profile appeal to the kind of person and needs to gear towards you are hoping to attract.
The misconception is that the alpha male was born that way, and you either have it or you don't. All or nothing. This of course is one of the excuses that people give themselves when faced with the challenge of placing in the work to enhance themselves. All of these are excuses and cop outs to conceal a fear of rejection or failure.
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What's growing like a tree. You can plant a seed that is a pine tree, but you do not understand how tall the road hookers is going to grow, you do not know how many branches it will have, you don't understand where the nut over the tree is going to be.
A mother told a beautiful story. Her three- year- old son sat on the sofa and came. He was just casual sex okcupid Wheaton Maryland there, presumably Wheaton japanese escorts backpage, and suddenly came out with, " What do you really know? It seems like I am loved by everybody. Isn't that nice! " Moments like this are special in life. As parents, a significant goal for us must be to try to help all children of divorce feel the exact same way, even though we are dating apps for celibates Wheaton MD through a period of feeling ourselves.
Leave it before you send her that text. I am not talking about game playing here, because any Wheaton MD e-backpage escorts worth her salt is going to discover that irritating rather than attractive. On the other hand, texting away will come across as needy.
Example: You: I'm so good at it that I felt that I had been the king, but I understood I had been just a nanny to the king once I moved to Africa for the first time. I'm now a nanny for rent, however I charge per hour just like a stripper. Hey, I would have told you a key, but I suppose you are busy.
KEEP YOUR DISTANCE Close- up shots shouldn't be so close that portion of your own face is missing. Will show part of your neck your shoulders, and of your head. Avoid taking a photograph that is so far away that he can see you.
Beezy's looked like they been white, but was washed with a whole lot of filthy jeans, since they were nearly a scammers online dating sites shade not a sexy color. . .
Come out daring and brave. Look exude and sure confidence which is exactly what you are and it gets you the results you want. Having known texting's aim you may focus on the topic in the texts. Cold and text Warm There are two kinds of texting in light of their objectives stated above. Cold- texting and Warm- Texting. When you text a woman that has who's minding you at the minute you text her and an anticipative Wheaton MD backpage escorts shut down, that's arm texting. Cold texting is when the woman is oblivious to you and does not have any expectation thatyou're going to text her. This distinction is important since you are supposed to know how faryou're going to get the woman out of so as to be able to place everything towards attaining your goal put. You are supposed to tune how the texts come out to match her level of openness. An example is when I, as a girl, have a dinner meet- up with a colleague in the department. We are not close although he is a guy I relate with at a professional level. Subsequently he texts me" simply checked in the restaurant; book space yet? " That might just be the text you have been sent by him. Because I have been anticipating some communication But it will quite natural and fit in as a message.
About shutting down, I may want to include single word. In the event that things don't work please fare thee out well to part nimbly. In occurrences it's not the best choice to say things over see. The other individual may Wheaton Maryland teen hookers video some exceptionally uncomfortable inquiries that you will have an time responding.
Online dating is meant to be enjoyable. Nonetheless in a way online dating is little bit like you are making an application for a job as well as you need to stick out from the rest of the other applicants. If you have a close friend, who is a girl who is on online dating internet site be audacious and also ask if she can check her messages. Women obtain great deals of messages from individuals yet just how do they determine whom to respond. The secret below is not to be generic. Don't claim things like" I don't take myself also seriously. Strive play tough or I won't tell anybody we met online. If you are just like every other guy online why do you should have to date her why not other people. Allow's are backpage escorts safe Wheaton Maryland it you in in completion with various other males online. If your messages and profile resemble the majority of guys, you will obtain the very same results most individuals are obtaining.
The next guy is an casual sex during movie mechanic, and the one after that's a truck driver that speaks about his jet skiing for the entire moments. The triangle is rung and I proceed to the next man. " This is pretty full scale, " I tell him.
With exercise, this fresh mind- set will have many effects on your relationship it will become natural and desirable for the two of you. For the time being, you only need to think that it is a worthy undertaking.
She asked Robert Browning to not love her for any thoughts that went together with hers. Can you depend on telling folks to toe the mark to give rise to a relationship? Hardly. People will still say, " I enjoyed her Wheaton Maryland. " Would you feel that? But seriously, it is in the liking of a date's head that can signify a truck- load of difficulty.
Avoid selfie from your area mirror or your shower room. Humungous no no. It boggles the backpage escorts censored Millersville how many guys do this. Guys could assume you look so cool showing your six pack on their workstation, but it simply seems to look try hard, as well as I make certain you do not wish to be one. This is a bonus offer. Take image surrounded by a warm girls. Shows the girl reviewing your profile that ladies want you. This reveals women that you are desirable.
Of Wheaton MD safely use backpage escorts, the coin also has a positive reverse side. Should you feel happy, confident, and adorable, you're act out these feelings in your relationship. By taking a look at our relationships we can learn. What emotions are you expressing on your relationships? Is there a pattern? ( For instance, do you bring home stray cats? ) Do your connections reflect feelings that are good inside, or do they signify neediness? Another major element in connection styles is one we have mentioned previously. We all learned how to react to anger, love, rejection, and familiarity with our parents. Thenyou're likely to have a very tough time with struggles if your parents fought. If your parents had been untouching and cold, then you may find it difficult to handle warm emotions and to touch. Since the spouses are interacting only like their parents did, many a marriage isn't satisfactory.
While he or she is in the area with you, as often as possible, shift your focus to your partner. Let your spouse when you are busy, tell your spouse that you will be there for him or her shortly; and know in word and deed that she or he is your priority most of the moment.
At the moment, I was reading investment books, and I decided that purchasing a house would be a whole lot better use of my Wheaton Maryland backpage korean escorts than making someone else rich on our rental home. Shortly, we were on our way to joint home ownership. I didn't understand it at the time, but that" investment" would become another expensive albatross for our ever- failing online dating out league.
So, what you require to realize is the deep stabbing craigslist escorts backpage Bonney Lake WA you really feel in your heart is not the discomfort of rejection, but the discomfort of attempting to dislike someone you enjoy. Just when you can confess that you still care, and stop attempting to dislike them, the two parts dissolves and end up being one whole. The discomfort disappears. If you desire to discover an optimal companion, you backpage bitcoin escorts Wheaton MD have to BE an optimal companion. Offer your partner excellent therapy- - be infinitely patient, loving, and giving. This doesn't mean you do not settle distinctions, but that you do it in a calm and mild fashion. Do not be calculative concerning providing. Supply all your heart as well as depend on that your partner appreciates the love you offer.
There will inevitably be instances where you have a debate regarding leave the house or whether to stay home. When every individual can do their own thing without obligation or guilt relationships prosper. Likewise let your partner revel in a night out as you stay at home when you would like to remain in and go out. However, on the event that the both of you want to go out or stay in together, enjoy yourselves.
Just go because not falling for gamers is the only improvement I've made up to now, the way you wouldn't go, at the path of any doorway to another room, and this is the only advice I can provide you.
Do not Just Speak, Listen I am sure that one is, but simply to make sure, don't let your mouth run at a hundred mph, forgetting that you are the one who posed a question. Take turns speaking, then listen when they talk where needed and share your opinions.
Empathy is a practice that expand your experience of the world about you and will enrich your connection. By stepping outside of the cocoon of emotions, problems, and your existence, you are linking to some more mindful level of consciousness and engagement.
Tone down your own gestures. A person who communicates through gestures and arm motions seems to be not that bright or nervous and unconfident. We've got a tendency to translate use of expressions to mean that the person who is using them lacks the language to communicate their ideas with words, which then makes us presume they are unintelligent or uneducated. It's a risk whenyou're trying to make a first impression, you do not want to take while that is not necessarily Wheaton backpage escorts verifying. Wheaton MD makes us more jittery and uncoordinated, which will make your gestures disconcerting to observe and awkward. Keep your arms in the position when placing your posture, they were placed by you for if you tell a story that is particularly 24, and book your gestures or make a joke if they will punctuate your phrases in a way.


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by Cindy Kunsman cross posted from her blog Under Much Grace
All images by Cindy Kunsman from Under Much Grace and used with permission
I remembering, I reconnected with others, and no healing from grief of loss happens in isolation. We social creatures heal through community. Unexpected allies and witnesses of and from the past came to greet me, and I found myself reconnecting with life, despite the losses I'd suffered. The daffodils of Spring came back to me because I took the risk to come back to them to find them. To collect them. To recollect.
I was so glad to see the process move so quickly this time, as each time I feel a new loss of hope or significant disappointment, I remember that after grieving comes the Springtime of life. I don't have to stay in the woods in the cold. I can harvest the beauty of those flowers and bring them back with me. I've created a warm life of hopefulness and love where I can celebrate the yellow buds of Spring along with the winter which gives them center stage of contrast. I also know that more green stems and leaves will soon follow. I will not remain alone, and I actually have some degree of power to end my own solitude. I can also retreat to it if I have the need to ponder in it's quiet stillness, too.
Judith Herman's Trauma and Recovery
Peter Levine's Waking the Tiger: Healing Trauma
- Bessel Van der Kolk's The Body Keeps Score
Cynthia Mullen Kunsman is a nurse (BSN), naturopath (ND) and seminary graduate (MMin) with a wide variety of training and over 20 years of clinical experience. She has used her training in Complementary and Alternative Medicine as a lecturer and liaison to professional scientific and medical groups, in both academic and traditional clinical healthcare settings. She also completed additional studies in the field of thought reform, hypnotherapy for pain management, and Post Traumatic Stress Disorder (PTSD) that is often associated with cultic group involvement. Her nursing experience ranges from intensive care, the training of critical care nurses, hospice care, case management and quality management, though she currently limits her practice to forensic medical record review and evaluation. Most of her current professional efforts concern the study of manipulative and coercive evangelical Christian groups and the recovery process from both thought reform and PTSD.
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Members of LODZistics decided on new Board and Supervisory Board members election. According to decision undertaken by the 4th General Assembly of the cluster, which was held on 25th of June 2019, the new President of the Board has been appointed. This title is handed on to Ms. Agnieszka Zakrzewska – Bielawska, Professor in Lodz University of Technology.
Prof. Agnieszka Zakrzewska – Bielawska is an experienced scientific authority, the Head of Management Department in the Faculty of Management in Lodz University of Technology. Her professional interest is mainly dedicated to subject of relation strategy of entities, crisis economical strategies and strategic management.
The LODZistics Board members has been chosen as well and they are, respectively:
- Małgorzata Walczak – Gomuła, President of the Board in ASM – Market Research and Analysis Center;
- Bartosz Rzętkiewicz, Lodz Special Economic Group;
- Łukasz Michałowski, Raben Group.
According to decision of LODZistics General Assembly new members of The Supervisory Boardhas been elected, too. They are, respectively:
- prof. Sławomir Wiak, Lodz University of Technology Rector;
- prof. Maciej Urbaniak, University of Lodz, Head of Department of Logistics in Faculty of the Management;
- Andrzej Siess, Raben Logistics;
- Katarzyna Stasiak, Rohlig Suus;
- Mariola Grodnicka, ARRK Kutno.


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United States District Court, E.D. Louisiana
July 17, 2019
DEBORAH THERIOTv.BUILDING TRADES UNITED PENSION TRUST FUND
the Court is a motion to dismiss filed by defendant The
Building Trades United Pension Trust Fund (the "Pension
Fund").[1] Also made defendant is the Pension
Fund's Board of Trustees (the "Board of
Trustees").[2] The Pension Fund moves to dismiss
plaintiff Deborah Theriot's ("Theriot")
claims against it brought pursuant to the Employee Retirement
Income Security Act of 1974 ("ERISA"). Theriot
asserts her claims in her capacity as the court-appointed
independent administrator of the Succession of Audrey L.
Hamann.[3] Theriot filed a response in opposition to
the Pension Fund's motion, [4] and the Pension Fund filed a
reply.[5] The parties also submitted supplemental
briefing[6] pursuant to this Court's
Pension Fund filed its motion pursuant to Rule 12(b)(6) of
the Federal Rules of Civil Procedure, asserting in part that
Theriot failed to state a claim upon which relief can be
granted.[8] Specifically, the Pension Fund argues that
Theriot does not have standing under ERISA to assert her
claims and that she has failed to exhaust available
administrative procedures.[9] The Pension Fund also argues, pursuant
to Rule 12(b)(3), that this district is not the proper venue
for Theriot's lawsuit.[10] For the following reasons, the
motion is granted in part and denied in part, as stated
Court must first address the issue of standing. Along with
its motion, the Pension Fund attached a number of exhibits
that Theriot references in her complaint. At a May 29, 2019
status conference, the parties agreed that the Court may look
beyond the pleadings and consider the exhibits when
considering the motion.[11]Theriot also attached exhibits in
response to the motion to dismiss.[12]
Court finds that the following facts related to Theriot's
standing under ERISA are undisputed:
A. Hamann ("Mr. Hamann") participated in a
pension plan ("the Plan") sponsored and
underwritten by the Pension Fund and administered through the
Board of Trustees.[13] Mr. Hamann died on December 30, 2016,
and his wife, Audrey L. Hamann ("Mrs. Hamann")
became entitled to post-retirement survival benefits by the
express terms of the Plan.[14]
January 11, 2017, Mrs. Hamann submitted her application for
the post-retirement survivor benefit to the Pension
Fund.[15] The application form allows the
applicant to choose how she will receive her benefits: as a
monthly annuity or as a lump sum equivalent.[16] The benefit
illustration sheet explains:
You, the survivor, may instead elect to receive the benefit
as an actuarially equivalent lump sum. If you initially elect
a monthly benefit payment, you may elect at any time in the
future to receive the remainder of the Post-Retirement
Survivor benefit as a lump sum.[17]
Hamann elected to receive her benefits under the monthly
annuity option.[18]
In a
letter dated March 1, 2017, Mrs. Hamann received notice that
her application for survivor benefits had been approved and
that she would receive monthly payments of
$693.63.[19] The letter also advised Mrs. Hamann that
she could elect to receive her benefits in a lump sum
"at any time in the future."[20] That same
month, the Pension Fund mailed Mrs. Hamann a change form
whereby she could convert her monthly benefits into a lump
sum payment.[21] The Pension Fund instructed Mrs. Hamann
to return the change form "by April 5, 2017 to receive
the payment on May 1, 2017."[22] Mrs. Hamann completed and
returned the change form, which the Pension Fund received on
April 4, 2017.[23] Mrs. Hamann unfortunately passed away on
April 5, 2017.[24]
Mrs. Hamann's death, her daughter, Theriot, inquired
about the lump sum payment.[25] The Pension Fund sent Theriot
a letter dated April 18, 2017 explaining that she was not
entitled to the lump sum payment:
Plan documents state that the Joint and Survivor benefit is
payable for the survivor's lifetime. Therefore[, ] the
payment dated April 1, 2017 was the final payment Mrs. Hamann
was eligible to receive from this Fund. The paperwork Mrs.
Hamann submitted for a Lump Sum payment was for May 1, 2017
and would not be payable due to the fact that she was not
living at that time.[26]
U.S. Fifth Circuit Court of Appeals has "recognized
that standing is essential to the exercise of jurisdiction
and is a 'threshold question . . . [that] determin[es]
the power of the court to entertain the suit.'"
Coleman v. Champion Int'l Corp./Champion Forest
Prods., 992 F.2d 530, 532 (5th Cir. 1993) (quoting
Warth v. Seldin, 422 U.S. 490, 498 (1975)).
the Pension Fund filed its motion pursuant to Rule 12(b)(6),
the standing inquiry is more appropriately considered under
Rule 12(b)(1). The Pension Fund's "argument that
[Theriot] lacks standing to bring suit under ERISA is
properly considered as a jurisdictional attack under Rule
12(b)(1)." Feingerts v. Feingerts, No.
15-2895, 2016 WL 2744812, at *7 (E.D. La. May 10, 2016)
(citing Piro v. Nexstar Broad, Inc., No. 11-2049,
2012 WL 2089596, at *3 (W.D. La. Apr. 10, 2012); Cobb v.
Cent. States, 461 F.3d 632, 635 (5th Cir. 2006); see
also Lee v. Verizon Comms., Inc., 837 F.3d 523, 533 (5th
Cir. 2016) ("As a matter of subject matter
jurisdiction, standing under ERISA § 502(a) is subject
to challenge through Rule 12(b)(1)."); Mem'l
Hermann Health Sys. v. Pennwell Corp. Med. & Vision
Plan, No. H-17-2364, 2017 WL 6561165, at *4 (S.D. Tex.
Dec. 22, 2017) (recognizing that the Fifth Circuit treats
standing under ERISA as a jurisdictional matter and applying
Rule 12(b)(1)); James v. La. Laborers Health &
Welfare Fund, 766 F.Supp. 530, 531 (E.D. La. 1991)
(Feldman, J.) (considering whether the plaintiff had standing
under ERISA in response to a motion to dismiss for lack of
subject matter jurisdiction pursuant to Rule 12(b)(1)).
to Rule 12(b)(1), "[a] case is properly dismissed for
lack of subject matter jurisdiction when the court lacks the
statutory or constitutional power to adjudicate the
case." Home Builders Ass'n of Miss., Inc. v.
City of Madison, 143 F.3d 1006, 1010 (5th Cir. 1998)
(citation omitted). "The burden of proof for a Rule
12(b)(1) motion to dismiss is on the party asserting
jurisdiction." Ramming v. United States, 281
F.3d 158, 161 (5th Cir. 2001). "When a Rule 12(b)(1)
motion is filed in conjunction with other Rule 12 motions,
the court should consider the Rule 12(b)(1) jurisdictional
attack before addressing any attack on the merits."
applying Rule 12(b)(1), a court may dismiss an action for
lack of subject matter jurisdiction "on any one of
three separate bases: (1) the complaint alone; (2) the
complaint supplemented by undisputed facts evidenced in the
record; or (3) the complaint supplemented by undisputed facts
plus the court's resolution of disputed facts."
Spotts v. United States, 613 F.3d 559, 565-66 (5th
Cir. 2010).
subject matter jurisdiction is challenged, the Court first
considers whether the defendant has made a 'facial'
or a 'factual' attack upon the complaint."
Magee v. Winn-Dixie Stores, Inc., No. 17-8063, 2018
WL 501525, at *2 (E.D. La. Jan. 22, 2018) (Vance, J.) (citing
Paterson v. Weinberger, 644 F.2d 521, 523 (5th Cir.
1981)). "A motion to dismiss for lack of standing is
factual rather than facial if the defendant submits
affidavits, testimony, or other evidentiary materials."
Id. (internal quotation marks omitted) (quoting
Superior MRI Servs., Inc. v. Alliance Healthcare Servs.,
Inc., 778 F.3d 502, 504 (5th Cir. 2015)). "When a
defendant makes a factual attack on the complaint, the
plaintiff is 'required to submit facts through some
evidentiary method and has the burden of proving by a
preponderance of the evidence that the trial court does have
subject matter jurisdiction.'" Id.
(quoting Paterson, 644 F.2d at 523). "In the
case of a facial attack, the court 'is required to look
to the sufficiency of the allegations in the complaint
because they are presumed to be true.'"
Id. (quoting Paterson, 644 F.2d at 523).
"Ultimately, a motion to dismiss for lack of subject
matter jurisdiction should be granted only if it appears
certain that the plaintiff cannot prove any set of facts in
support of his claim that would entitle plaintiff to
relief." Ramming, 281 F.3d at 161 (quoting
Home Builders Ass'n, 143 F.3d at 1010).
under ERISA, pursuant to 29 U.S.C. § 1132(a), is limited
to participants, beneficiaries, and fiduciaries.
Coleman, 992 F.2d at 533.[27] The Fifth Circuit
strictly construes the class of claimants enumerated in
§ 1132(a). Cobb, 461 F.2d at 635;
Coleman, 992 F.2d at 534 ("[O]ur previous
decisions have hewed to a literal construction of §
beneficiary is "a person designated by a participant,
or by the terms of an employee benefit plan, who is or may
become entitled to a benefit thereunder." 29 U.S.C.
§ 1002(8). "In order to qualify as a beneficiary,
an individual must have a 'reasonable or colorable
claim to benefits.'" Feingerts, 2016 WL
2744812, at *7 (quoting Crawford v. Roane, 53 F.3d
750, 754 (6th Cir. 1995)); see also Cobb, 461 F.3d
at 635-36 (holding that, to have standing as a beneficiary
under ERISA, a plaintiff must show a designation of
beneficiary status by a participant or the terms of the plan
and a colorable entitlement to benefits).
argues that as administrator of Mrs. Hamann's estate, she
has standing to bring these claims on Mrs. Hamann's
behalf. Specifically, Theriot asserts that she has derivative
standing.[29] The Fifth Circuit recognizes both
independent standing and derivative standing under ERISA.
Hermann Hosp. v. MEBA Med. & Benefits Plan, 845
F.2d 1286, 1287-89 (5th Cir. 1988), overruled on other
grounds by Access Mediquip, L.L.C. v. UnitedHealthcare Ins.
Co., 698 F.3d 229 (5th Cir. 2012) (mem.)). A party has
independent standing when he or she is an enumerated party
under § 1132(a). Id. "But one who lacks
the narrow status of a participant or beneficiary may
nevertheless sue derivatively on behalf of a participant or
beneficiary." James, 766 F.Supp. at 532
(discussing Hermann and finding that a succession
representative could sue derivatively on behalf of the
Pension Fund does not dispute that provided Theriot is the
administrator of Mrs. Hamann's estate, she would have
standing under ERISA if Mrs. Hamann's estate is entitled
to benefits from the Pension Fund."[30] Therefore,
the Pension Fund asserts that this Court must determine
whether Mrs. Hamann's estate is entitled to benefits
under the Plan-i.e., whether it has a colorable
claim to the benefits-to determine whether Theriot has
argues that it would be inappropriate for the Court to
resolve the merits of the underlying benefits claim to
determine her standing.[32] However, the Fifth Circuit allows
such an inquiry:
Although it may not be advisable to interpret the terms of
the plan at this jurisdictional stage, [the Court is] bound
to do so by Coleman, which interpreted the term
"payable" under the plan to determine whether the
descendant and heir of the plan participant qualified as a
beneficiary. Further, the definition of
"beneficiary" directs the courts to look to the
terms of the plan at the jurisdictional stage to decide
whether the terms "designate" a plaintiff as a
beneficiary or whether they provide plaintiff with a
colorable claim for benefits.
Cobb, 461 F.3d at 637.
parties do not dispute that Mrs. Hamann was a beneficiary of
Mr. Hamann's Joint and Survivor benefits while she was
alive. Rather, the Pension Fund argues that Mrs. Hamann's
estate is not a beneficiary entitled to the lump sum payment
because the benefits were no longer payable when she
VIII Section 1(a) of the Plan, which provides for Joint and
Survivor and Optional Forms of Benefit, states:
(1) [I]n the event of [the participant's] death after his
Retirement, two-thirds of such reduced monthly Benefit shall
continue to be paid to the Participant's Surviving Spouse
for life . . . .
(4) With respect to a Participant whose Surviving Spouse is
eligible for a Benefit under this subsection (a), the
Participant's Surviving Spouse may request, in writing,
to receive a lump sum payment at any
time which is the Actuarial Equivalent of the
Benefits payable under this subsection (a), in lieu of such
Hamann initially received her benefits in the form of a
monthly annuity, but she later elected to receive the
benefits as a lump sum. The Pension Fund advised Mrs. Hamann
that, if she wished to receive the lump sum payment, she
should complete and return the change form "by April 5,
2017 to receive the payment on May 1,
2017."[35] The Pension Fund also advised Mrs.
Hamann that the lump sum benefit would be $64, 825.10 as of
May 1, 2017. Mrs. Hamann completed the change form,
indicating that she "wish[ed] to receive the remainder
of the benefits payable to [her] in a lump sum, " and
the Pension Fund received the change form before her
death.[36]Theriot contends that, because the
Plan's provision, copied above, allowed Mrs. Hamann to
elect to receive the lump sum "at any time, " and
because she did so before her death, Mrs. Hamann's estate
is entitled to the benefits.[37]
Court finds that the phrase "at any time" refers
to the time at which the surviving spouse may request receipt
of a lump sum. The Plan allows the surviving spouse to elect
a lump sum at any time after the election of monthly
benefits. This interpretation is made clear by the benefit
illustration sheet that Theriot cites in her second amended
complaint, which explains: "If you initially elect a
monthly benefit payment, you may elect at any time in the
future to receive the remainder of the Post-Retirement
Survivor benefit as a lump sum."[38] But the
inquiry does not end there.
Plan's provisions do not contain any language referencing
the change form's effective date or the date on which the
benefits would convert from monthly payments to the lump sum.
Neither Theriot nor the Pension Fund has directed the Court
to any language in the Plan or any other documents that
reference the effective date or conversion date for the
change form.
Plan provides that, if and when the surviving spouse elects
to receive the benefits as a lump sum, the surviving spouse
will receive the actuarial equivalent of the benefits
payable.[39] As previously mentioned, the Pension
Fund informed Mrs. Hamann that, if it received her change
form by April 5, 2017, she would receive her lump sum benefit
of $64, 825.10-to replace her monthly benefit-on May 1, 2017.
The Pension Fund received Mrs. Hamann's change form on
April 4, 2017 when the benefits were clearly payable.
the Plan clearly provides that the surviving spouse shall
receive the participant's reduced monthly benefits for
life. There is no dispute that Mrs. Hamann was alive when she
elected to receive the lump sum of her remaining benefits and
that she was alive when the Pension Fund received her change
form. While the Pension Fund advised Mrs. Hamann that she
would receive the lump sum on May 1, 2017, nothing in the
Plan, the benefit illustration sheet, or the Pension
Fund's correspondence with Mrs. Hamann suggests that her
election would become invalid or that she would no longer be
entitled to the lump sum payment if she died before May 1,
Pension Fund has been unable to adequately explain why Mrs.
Hamann did not become entitled to the lump sum-the remainder
of her benefits-before her death. At this jurisdictional
stage, the Court finds that Theriot, on behalf of Mrs.
Hamann's estate, had a reasonable or colorable claim
entitling the estate to benefits. Therefore, Theriot, on
behalf of Mrs. Hamann's estate, has standing to assert
her claims.
Pension Fund also argues that venue is improper in the
Eastern District of Louisiana.[40] Rule 12(b)(3) of the Federal
Rules of Civil Procedure authorizes a defendant to move for
dismissal due to improper venue. "The district court of
a district in which is filed a case laying venue in the wrong
division or district shall dismiss, or if it be in the
interest of justice, transfer such case to any district or
division in which it could have been brought." 28
U.S.C. § 1406(a). "The burden is on the plaintiff
to establish that his chosen district is a proper
venue." Stewart v. Marathon Petroleum Co. LP,
No. 17-7775, 2018 WL 4352825, at *2 (E.D. La. Sept. 12, 2018)
(Africk, J) (citations omitted). "[T]he Court must
accept as true all allegations in the complaint and resolve
all conflicts in favor of the plaintiff." Braspetro
Oil Servs. Co. v. Modec (USA), Inc., 240 Fed.Appx. 612,
615 (5th Cir. 2007).
to ERISA, 29 U.S.C. § 1132(e)(2), an action "may
be brought in the district where the plan is administered,
where the breach took place, or where a defendant resides or
may be found . . . ." The Pension Fund asserts that the
Pension Fund resides in, is administered in, and is
maintained in the Eastern District of
Wisconsin.[41] The Pension Fund asserts that the only
basis for venue in the Eastern District of Louisiana is if
the breach occurred in this district.[42] The parties
do not dispute that the alleged breach was the Pension
Fund's denial of the lump sum payment to Mrs.
Hamann's estate.
answer the question of where the breach took place, the
Pension Fund relies on Orgeron v. Moran Towing
Corp., No. 93-4164, 1994 WL 462995 (E.D. La. Aug. 22,
1994). The plaintiff in Orgeron had applied for, but
was denied, long-term disability benefits. 1994 WL 462995, at
*1. The district court held that the breach did not occur in
Louisiana and that venue was improper in the Eastern District
of Louisiana because the plaintiff never received long-term
disability benefits in Louisiana. Id. at *1-2. The
court in Orgeron relied on Brown Schools, Inc.
v. Florida Power Corp., 806 F.Supp. 146 (W.D. Tex.
1992), which "distinguished alleged breaches involving
payments which had been made to a beneficiary within the
district and then ceased, from alleged breaches in which
payments were simply denied, with no transactions taking
place within the district at all . . . ."
Orgeron, 1994 WL 462995, at *2. In Orgeron,
no payments had been made in the Eastern District at all.
Pension Fund argues that Mrs. Hamann never received the type
of benefit at issue in this litigation-the lump sum survivor
benefit-in the Eastern District of Louisiana. Specifically,
the Pension Fund argues, without providing any legal support,
that the lump sum survivor benefit is a different benefit
than the monthly survivor benefits Mrs. Hamann had been
there to be no dispute between the parties that the breach at
issue was the denial of the lump sum payment of Mrs.
Hamann's survivor benefits to Mrs. Hamann's estate,
and that there is no dispute that Mrs. Hamann was receiving
said survivor benefits in monthly payments and residing in
the Eastern District of Louisiana when she died, the Court
finds that the benefits at issue were received in this
district and that venue is proper. See French v. Dade
Behring Life Ins. Plan, No. 09-394, 2010 WL 2360457, at
*2 (M.D. La. Mar. 23, 2010) ("While not yet addressed
by the Fifth Circuit, several district courts within this
circuit have either held or assumed that ERISA venue is
proper where a plan participant/beneficiary receives or was
to receive benefits.").
the Pension Fund argues that counts I, II, IV, and V of
Theriot's second amended complaint should be dismissed
pursuant to Rule 12(b)(6) of the Federal Rules of Civil
Procedure for failure to exhaust administrative remedies.
to Rule 12(b)(6), a district court may dismiss a complaint or
part of a complaint when a plaintiff fails to set forth
well-pleaded factual allegations that "raise a right to
relief above the speculative level." See Bell Atl.
Corp. v. Twombly, 550 U.S. 544, 555 (2007);
Cuvillier v. Taylor, 503 F.3d 397, 401 (5th Cir.
2007). The complaint "must contain sufficient factual
matter, accepted as true, to 'state a claim to relief
that is plausible on its face.'" Ashcroft v.
Iqbal, 556 U.S. 662, 678 (2009) (quoting
Twombly, 550 U.S. at 547)).
facially plausible claim is one in which "the plaintiff
pleads factual content that allows the court to draw the
reasonable inference that the defendant is liable for the
misconduct alleged." Id. If the well-pleaded
factual allegations "do not permit the court to infer
more than the mere possibility of misconduct, " then
"the complaint has alleged-but it has not
'show[n]'-'that the pleader is entitled to
relief.'" Id. at 679 (quoting Fed.R.Civ.P.
8(a)(2)) (alteration in original).
assessing the complaint, a court must accept all well-pleaded
facts as true and liberally construe all factual allegations
in the light most favorable to the plaintiff. Spivey v.
Robertson, 197 F.3d 772, 774 (5th Cir. 1999).
Furthermore, "the Court must typically limit itself to
the contents of the pleadings, including attachments
thereto." Admins. of the Tulane Educ. Fund v.
Biomeasure, Inc., 08-5096, 2011 WL 4352299, at *3 (E.D.
La. Sept. 6, 2011) (Vance, J.) (citing Collins v. Morgan
Stanley Dean Witter, 224 F.3d 496, 498 (5th Cir. 2000)).
"[T]he Court may consider documents that are
essentially 'part of the pleadings'-that is, any
documents attached to or incorporated into the
plaintiff's complaint by reference that are central to
the plaintiff's claim for relief."[44] Zerangue
v. Lincoln Nat'l Life Ins. Co., No. 19-1939, 2019 WL
2058984, at *2 (E.D. La. May 9, 2019) (Feldman, J.) (quoting
Causey v. Sewell Cadillac-Chevrolet, Inc., 394 F.3d
285, 288 (5th Cir. 2004)). "Dismissal is appropriate
when the complaint 'on its face show[s] a bar to
relief.'" Cutrer v. McMillan, 308
Fed.Appx. 819, 820 (5th Cir. 2009) (quoting Clark v.
Amoco Prod. Co., 794 F.2d 967, 970 (5th Cir. 1986)).
following facts alleged in Theriot's second amended
complaint relate to the Pension Fund's motion to dismiss
for failure to exhaust administrative remedies:
alleges that the April 18, 2017 letter, by which the Pension
Fund first informed Theriot that the estate was not entitled
to the lump sum payment, did not meet the criteria for a
proper claim denial under ERISA.[45] On November 1, 2017,
Theriot's then-counsel allegedly wrote to the Fund
requesting copies of Plan documents.[46] Theriot asserts that the
Pension Fund responded to that letter on November 21, 2017
with an incomplete copy of Plan documents, and failed to
include plan amendments, a current summary plan description
("SPD"), and other documents necessary to
establish the Plan.[47]
alleges that on January 5, 2018, Theriot's then-counsel
wrote to the Pension Fund requesting payment of the
outstanding lump sum benefit.[48] Theriot claims that the
Pension Fund responded by letter dated March 2, 2018,
offering its explanation as to why Theriot was not entitled
to payment of the lump sum benefit and advising her that she
had no right to appeal an adverse plan determination or file
a lawsuit because such time to pursue a claim had
expired.[49] Theriot claims that the Pension Fund
also advised in the March 2, 2018 letter that it had
concluded that she had failed to exhaust her administrative
remedies available under the Plan, foreclosing her ability to
seek judicial review.[50]
claims that on November 2, 2018, her current counsel wrote to
the Pension Fund requesting a decision with respect to
Theriot's original claim for benefits or, to the extent
that the Pension Fund considered the November 2, 2018 letter
as an administrative appeal, requesting a submission date
permitting receipt and review of evidence to support
Theriot's appeal.[51] Theriot asserts that she also
requested documents, including a complete copy of plan
documents applicable to Theriot's claim and other
administrative records that evidence the handling of
Theriot's claim.[52]
contends that she did not receive a response to the November
2, 2018 letter, so her counsel wrote to the Pension Fund
again on December 19, 2018.[53]Theriot claims that the Pension
Fund responded by letter dated January 4, 2019, wherein the
Pension Fund allegedly recharacterized its March 2, 2018
letter, asserting that it treated Theriot's counsel's
January 5, 2018 letter "in all respects like a claim or
appeal" of benefits and that the March 2, 2018 letter
included the necessary information that a claim or appeal
denial must include to comply with ERISA procedural
requirements.[54] Theriot asserts that the January 4, 2019
letter also advised Theriot that it already fulfilled her
request for a full copy of plan documents and that the
Pension Fund again advised her that a request for review of
the adverse benefits decision was untimely.[55]
Pension Fund argues that Theriot's claim for benefits in
count I of her second amended complaint should be dismissed
for failure to exhaust available administrative
procedures.[56] "Fifth Circuit precedent instructs
that 'claimants seeking benefits from an ERISA plan
[must] first exhaust available administrative remedies under
the plan before bringing suit to recover
benefits.'" Zerangue, 2019 WL 2058984, at
*2 (quoting Crowell v. Shell Oil Co., 541 F.3d 295,
308 (5th Cir. 2008)). "The policies underlying the
exhaustion requirement are to: (1) uphold Congress'
desire that ERISA trustees be responsible for their actions,
not the federal courts; (2) provide a sufficiently clear
record of administrative action if litigation should ensue;
and (3) assure that any judicial review of fiduciary action
(or inaction) is made under the arbitrary and capricious
standard, not de novo." Meza v. Gen.
Battery Corp., 908 F.2d 1262, 1279 (5th Cir. 1990)
(internal quotation marks omitted) (quoting Denton v.
First Nat'l Bank of Waco, Tex., 765 F.2d 1295, 1300
(5th Cir. 1985)).
requirement is not one specifically required by ERISA, but
has been uniformly imposed by the courts in keeping with
Congress' intent in enacting ERISA." Hall v.
Nat'l Gypsum Co., 105 F.3d 225, 231 (5th Cir. 1997);
see also Medina v. Anthem Life Ins. Co., 983 F.2d
29, 33 (5th Cir. 1993) ("[W]e have fully endorsed the
prerequisite of exhaustion of administrative remedies in the
ERISA context.") (citations omitted). "Dismissal
of a complaint is appropriate when the proper procedure has
not been followed for filing a claim and administrative
remedies have not been exhausted." Long v. Aetna
Life Ins. Co., No. 14-403, 2014 WL 4072026, at *3 (E.D.
La. Aug. 18, 2014) (Africk, J.) (citing Medina, 983
F.2d at 33). A plaintiff fails to exhaust administrative
remedies when she does not file a timely administrative
appeal. Moss v. Unum Grp., 638 Fed.Appx. 347, 349-50
(5th Cir. 2016) (citing Lacy v. Fulbright &
Jaworski, 405 F.3d 254, 257 (5th Cir. 2005)).
order to trigger the running of the administrative appeal
period, notice of the adverse benefit determination need only
substantially comply with ERISA's notice requirements, 28
U.S.C. § 1133 and 29 C.F.R. § 2560.503-1(g).
McGowan v. New Orleans Emps. Int'l Longshoremen's
Ass'n, 538 Fed.Appx. 495, 498 (5th Cir. 2013)
("Strict compliance with ERISA is not necessary . . . .
Fifth Circuit precedent makes clear that substantial
compliance will suffice to trigger the running of the
administrative appeal period.") (per curiam) (citing
Lacy, 405 F.3d at 257). "In assessing whether
the administrator has 'substantially complied' with
the applicable procedural requirements, the court must
'consider[ ] all communications between an
administrator and plan participant to determine whether the
information provided was sufficient under the
circumstances.'" Baptist Mem. Hosp.-DeSoto,
Inc. v. Crain Automotive, Inc., 392 Fed.Appx. 288, 293
(5th Cir. 2010) (quoting Wade v. Hewlett-Packard Dev. Co.
LP Short Term Disability Plan, 493 F.3d 533, 539 (5th
Cir. 2007), abrogated on other grounds by Hardt v.
Reliance Standard Life Ins. Co., 560 U.S. 242 (2019)).
XIII, Section 3 of the Plan provides, in relevant part:
(a) Notice of Denial of Claim. The Administrative Manager or
the Eligibility Committee of the Trustees shall give written
notice to a Participant or to his beneficiaries, dependents
or authorized other legal representatives, as may be
appropriate (collectively referred to in these Benefit Review
Procedures as "Participant"), whenever there has
been denied in whole or in part such Participant's claim
with respect to his eligibility for, or amount of, his
Benefits. Such notice shall be given within 90 days . . .
after the receipt of Participant's claim and shall
include the following:
(1) The specific reason or reasons for the denial;
(2) Reference to pertinent parts of the Plan on which the
denial is based;
(3) A description of any additional material or information,
if any, necessary for the Participant to perfect his claim
and, where appropriate an explanation of why such material or
information is necessary;
(4) An explanation of this Fund's Benefit Review
. . .
(b) Request for Review. The following subsections (1), (2)
& (3) shall govern requests for review of claims that
have been denied . . . .
(1) Within 60 days after the receipt, by the Participant, of
the notice described in and required to be given pursuant to
subsection (a), wherein the Participant's claim for
Benefits is denied in whole or in part, . . . the Participant
may, in writing,
(i) Request a review by the Eligibility Committee of such
denial of such a claim;
(ii) Request an inspection of designated, pertinent documents
or files;
(iii) Submit issues and comments, as well as additional or
supplemental material or information which may have been
requested in the notice of denial . . . .
(2) As part of such written request for review, a Participant
may request a hearing before the Eligibility ...
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