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But you need to keep in mind to check the small print concerning the used automobile that you will buy. Normally, used car dealers in Houston (TX) at all times discuss the standard and the background of their automobiles. Try my lens on Authorities Auto Auctions and depart breaking news a comment or SquidLike if you happen to enjoyed the learn. Your lens has been featured as a helpful resource on our "All About 'em Automobile Auctions Headquarters" lens. Feel free to advocate other lenses on the topic of automotive auctions for inclusion. I don't have a lot cash so I will decide to buying automobiles from auctions.
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Till recently she had by no means owned a traditional car and had by no means bid at an auction, but often visits the Historics at Brooklands auctions close to her home in south-west London just to admire the beautiful vehicles. As she lives in Bath and the public sale was in Weybridge, she registered and watched the public sale by way of webcam dwell on her computer at home. She says: I used go to these guys to be fairly nervous, might see the automobile on one side and the auctioneer and I may hit a button to say 'bid'. In recent instances, online auctioning is one such common cash-making avenue. There are a lot of online auction websites, but the most well-liked amongst them is eBay. Putting it up on an public sale can also be not a nasty concept.
Fans of Hollywood movie memorabilia have been also handled with the 2013 Ford Mustang which was featured in the Want For Velocity ," which was generously donated and whose public sale benefited the Henry Ford Basis. It is $300,000 sale to Dave Flynn of the Flynn Automotive Group in Youngstown, Ohio, the identical man who bought the primary 2015 Chevrolet Camaro Z/28 the night describes it before, was the primary big money car to cross the block on Saturday afternoon, nevertheless it was hardly the last. A fifty two-12 months-old Ferrari just smashed the document for the most expensive automotive ever sold at auction.
For you exhausting core race fans here are some current auctions for car body kits; starting from vinyl graphics, automobile decals, neon under physique automobile kits and of course the body kits themselves relying on what pops up first in the little 'ol eBay public sale record – Completely top article satisfied Hunting! This Package Automobile handbook is written in a straightforward to learn usually humorous model that will take your thoughts off the frustrations of your personal build and give you the inspiration to get again within the garage.


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Free estimates are available on all work, without obligation. Our rates represent excellent value for money and reflect the quality materials, workmanship and attention to detail we invest in every project.
Please use the details below or the form on this page and we will get straight back to you with any information or advice you may need
Whitehall Builders Ltd
3 Alderdale Drive, High Lane
Stockport, Greater Manchester
t: 01663 765 706
m: 07710 434 425

subset: commoncrawl


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Canadian Whisky
Canadian whisky can consist of many different ingredients, but mostly rye is used as the base. Unlike bourbon, most Canadian whiskies are "blends".
With the invention of the "Canadian Club" Hiram Walker laid the foundation for the whisky classic par excellence. He got his worldwide known name by the exclusive bar in Gentlemen´s Clubs in the USA. During Prohibition, the majority of whiskies drunk in the USA came from Canada. The typical Canadian whisky style is smooth, light and refreshing. The flagship of Canadian whiskies is the "Canadian Club Premium Extra Aged", which has been produced according to the original recipe since 1858.
A curiosity is that for the Canadian whisky additives of sherry, fruit wine or fruit juices are permitted up to a maximum of 2% of the total volume.
Further information can be found in the Whiskey category under Whisky from Canada and the USA.
*regular prices = former selling prices


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How To Run Scanner By QuickBooks Scan Manager
QuickBooks is a great accounting solution for all the financial requirements especially for the small and medium sized businesses. It comes with modern functions that provides boost to your business and help your business to grow.
There are so many scanners that are compatible with QuickBooks. If you are looking for the compatible scanner then you can contact the QuickBooks Enterprise Support team.
What Is QuickBooks Scan Manager?
QuickBooks comes with various tools that help you in managing your business in different ways. One of its main features is the Scan Manager that helps you in scanning, setting up newly installed scanner and document for the first time in QuickBooks.
How To Set-up The QuickBooks Scan Manager
In order to set up the Scan Manager in QuickBooks, you need to follow the below given steps:
Creating Scan Profile
- Open QuickBooks and then go to the Doc's menu
- Select the 'Doc Center' from the drop down list
- Hit OK to begin the document scanning
- You can either click on the New Profile or you can select a profile as per your choice
- Hit OK to continue
- Now Click on OK to save, adjusting the profile settings or you can leave it as a default.
Set-Up And Test Your Scanner
- Locate the profile and click on Select
- From the Select Scanner option, tap on the Set-up Wizard
- Choose the normal mode
- Now tap on next and the scan test will begin
- Click on Next and select the test to begin and then tap on Next to restart the scanner
- In the place of 'you scanned document here', a test will appear. Perform this test again in order to check all the modes.
Some Troubleshooting Steps For Persisting Issues
Issues With Scan Set-Up Scanning A Document
- You must be using a TWAIN compliant scanner4
- You must not be using scanner within the QuickBooks. You have to use it outside the program
If Error 282, 1 Appears
- Re-install the program using clean install
- Try to scan again after repairing QuickBooks software.
Errors In QuickBooks Scan Manager
- QuickBooks Scan Manager Has Stopped Working
- QuickBooks Scan Manager Slow
- QuickBooks Scan Manager Already Running
- QuickBooks Scan Manager Unable To Find Scanner Driver
- QuickBooks Scan Manager The Profile Could Not Be Created
- QuickBooks Unable To Find Scanner Driver
- QuickBooks Scan Manager Cannot Create New Profile
- QuickBooks Scan Manager Not Working
- QuickBooks Scan Manager No Profiles
- QuickBooks Scan Manager Could Not Be Selected
These are some of the most common errors that you might come across while scanning. Although there can be other errors also that can restrict you from using the QuickBooks Scan Manager. Also there can be various reasons behind all these errors in the scan manager.
Technical Support For QuickBooks Scan Manager
QuickBooks comes with so many important tools that are essential for you as they help you in managing you company files within QuickBooks. Scan Manger is one of them and it is very important because it helps you scanning your documents and files. Setting up Scan Manager can be a complex task but if you follow the provided steps properly, you will be able to use it easily. Although, if you are facing any kind of issue while the setting it up then you can get in touch with our experts through QuickBooks Chat Support.


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Jan 30, 2013
Long time, no blog
The House of Good Living is strewn with used tissues and punched-out packets of cold medicine. This is how sick I am: even the sight of whales barely gets my head off the pillow. Greg is doing his best to provide care. He waded through yesterday's monsoon to fetch ingredients for salad and brought me pizza for lunch today.
Hopefully tomorrow I'll be feeling well enough to tell you all about the REALLY BIG DEAL that's happening to us right now. Maybe.
Jan 25, 2013
Woman Who Paddles With Whales
Here's how it came about: The sunrise brought calm ocean conditions so off I paddled. Once I reached the one-mile offshore location where we daily observe transiting whales, I sat down on my board to wait ... and wait ... and wait some more. Nothing, nada, nil. For nearly an hour it was just me and the occasional sea turtle. One other intrepid paddler floated by and asked "see anything?" to which I answered (hopefully) "not yet." Undiscouraged but hungry I returned to the House of Good Living for a late breakfast.
I'd put the board away, taken a shower and changed clothes when something up the coastline caught my eye. Through binoculars I saw several groups of whales moving my direction. I calculated that if I really really went for it, I could intercept them by the time they reached our latitude. So ... back on went the wet swim suit and out I raced to my offshore position and .... there they were. A mama whale and escort and calf who cavorted with 4 full breaches and another 4 or 5 spy hops. This group was followed by three others who slowly moved across my bow, sounding, spouting, splashing and fin slapping their way south. Keeping in mind the Federal officers who visited P after his close encounter via kayak, I kept a respectable distance and marveled at these magnificent creatures.
This was a really, really good day.
Pupu Party
There are two common components of any such event: men in Aloha shirts and a variety of Pupu. It's likely you're already familiar with the whole brightly colored shirt thing. It's just what's done here. We can talk fabric and climate another time. Pupu, on the other hand, may require an explanation, so here goes: Way back when, before Costco and Whole Foods, people in Hawaii had to go hunting for their preprandial treats and often snacked on the periwinkle-like snails called "Pupu" that lined the seashore. Yum, right?
Today we understand Pupu to mean a delicious tidbit that would otherwise be called hors d'oeuvres or canape' in any other locale. Pupu can range from simple (a bowl of island-grown nuts) to stupendous (seared ahi sashimi) with most falling squarely in the tasty column. At our little poolside party we enjoyed Pupu of all variety: grilled sausages, meatballs, stuffed 'shrooms, salmon roll-ups, deviled eggs ...all way, way better than freshly harvested sea snails.
A few of us gathered last evening, too. Sharing a bowl of nuts over a game of dominoes we were serenaded by a neighbor who played his ukelele while the sun set. Even without Magnum, that was a Pupu party to remember. Big mahalos to J and J for the game and P for the music to watch the moon rise by.
Jan 21, 2013
I sure miss these guys
|from left to right:
Opus the Amazing, unknown labradoodle,
Milo the terror, and our beloved, noble Raymond
See that picture over there .............
That was taken tonight. In our mainland house. Without us there to enjoy the anticipation of whatever treat was poised over their collective and hairy heads. It's SO hard to be away from our pup(pies). Thank you and MAHALO to our dear friends (the lovely Claus and Turid) who are watching over our beloved dog and his pals. We're very sorry the sewer pump isn't working and that you have to go to the garage to flush the toilets. The dogs look good, though! Keep up the good work.
Now, I've seen it all.
|"Look at me!" says the exuberant humpback whale
That. Was. Amazing.
Three whales breaking the surface ~ with their entire body ~ at one time .... I can die happy now.
The only thing that could have made the experience better would to have been there on my paddleboard. Maybe that will happen in my next life.
Jan 19, 2013
Fun on a stick
Yesterday's splendid array serves to illustrate this principle.
- requisite towels and beach sheet
- snorkel set ~ times two
- swimming suit ~ times four. Why four? 'Cause there's few things less enjoyable than putting a wet suit back on after removing it to take a break from ocean activity. Yesterday was a two suit per person day
- swim fins ~ times two
- mesh beach bag suitable for carting lotion, books, gear, snacks, H2O
- bag of golf balls
- sun umbrella
Inquiring minds may ask: Why a ladder and not a clothes line? Fair question. Answer: We're a small, small part of paradise here; going vertical with our wet stuff allows horizontal enjoyment of our oceanfront lanai (i.e. Greg's nap space is sacrosanct :).
Jan 18, 2013
Adventures in Paradise
We enjoyed a significant number of adventure-filled days in the past two weeks, courtesy of the Hays Ohana. The last of the bunch departed the House of Good Living yesterday, leaving us bereft of their wonderful company but with a packed-to-the-gills refrigerator (not sure exactly what to do with the miso paste and sake, Anne, but mahalo very much).
Here's a partial list of this week's escapades:
Here's a partial list of this week's escapades:
- Paddling with whales. Yep, that's right. We got into whales via kayak (Greg and Anne) and paddleboard (you know who). It took a while to paddle the mile or so offshore but we did and found what looked like a mama, her escort and a calf. I may have frightened them away with my noisy delight.
- A farwell to kids. The Hays offspring flew back to their winter wonderland on Sunday. The remaining adults took naps. Long naps.
- Meal upon delicious meal. We discovered the best way to eat well: travel with Anne Hays. That woman can cook! I've already discussed the coolers that accompanied her and Adam on Alaska Air as "checked bags," right? The day after their arrival we were feasting on ribs. Subsequent days brought roasts followed by leg of lamb, followed by salmon, halibut ceviche, ribeye steaks, salmon patties, halibut hash ... there were many days of deliciousness.
- Tripping. Rob, Anne and myself day-tripped over to Lanai for a visit with their buddy who splits his time between Hawaii and Nome. He treated us to a jeep tour of the island that finished with a couple hours spent at his Hulopoe Beach camp (complete with hammock and outrigger canoe). Can we say "wonderful?" We're thinking a few days of beach camping may be in order next winter.
- The birds and the turtles. Ocean conditions and opportunity finally aligned closely enough at Kapalua Bay to allow for snorkeling whereupon which we observed Hawaii's own version of "the birds and the bees" lesson when a pair of turtles started getting it on at the shoreline. The shoreline that was peopled (kidded?) with children. Some stood and stared. Some put on masks and snorkels for up close and personal views. Horrified others hurried their families away. We sat and marveled at the whole display. While the turtle tupping was interesting, it was the family with 7 kids under the age of 11 that really got our attention. How do they do that?
- Downton Abbey, Maui-style. On the Hays' last full day on-island we journeyed to the place of privilege that lies far, far away. A place where manses gleam in the sun with nary a speck of red dirt tarnishing their white-washed walls. A place where bikinis sparkle and poolside cocktails are considered a bargain at $14.50 (commemorative tiki cup only $22) ... Wailea.
- Whales, wonderful whales. It's marvelously entertaining and thrilling to watch the array of whale behavior visible from our little hale. The downside? it takes twice as long to get a chore done or blog post written because I get so sidetracked by the splashing, flashing, breaching and breathing.
- Again, paddling .... blah, blah, blah. I'm on the board as much as possible. I love it. I don't know what I'm going to do when we return to the mainland.
Jan 13, 2013
A few happy faces
Jan 12, 2013
Whale Ho!
Megaptera novaeangliae behavior. We've seen newborn calves guided along the surface by their mothers. We've watched aggressive males battling for attention in competition pods. Mighty tail slaps, impressive breaches, 12 foot high spouts ... all this gets us very excited, even months into the season. One of the unexpected delights of being this near whale activity is hearing their songs when snorkeling the reef out front. I hold out hope that some day I'll be paddling along and have a whale come up right alongside. That would be thrilling.
On the topic of on-the-water thrills: Yesterday I was out on my SUP, enjoying the downwind leg of a paddle up the shoreline, when I was startled by the splashes and flashes of a school of flying fish that began leaping out of the water along and behind me. "Hmmmm...," I asked myself, "Self, why are those fish exiting the water in such a hurried fashion? Could there be something chasing them?" Afraid to look down and not wanting to be bait myself, I paddled like crazy in an attempt to get ahead of whatever toothy creature might have been scaring fish right out of the sea. When telling this story to my nephews this morning, I was informed by the kid with ichthyological leanings that it was likely a barracuda or white-tipped reef shark that prompted the fish flight. Yeah, thanks a lot, kid.
On the topic of on-the-water thrills: Yesterday I was out on my SUP, enjoying the downwind leg of a paddle up the shoreline, when I was startled by the splashes and flashes of a school of flying fish that began leaping out of the water along and behind me. "Hmmmm...," I asked myself, "Self, why are those fish exiting the water in such a hurried fashion? Could there be something chasing them?" Afraid to look down and not wanting to be bait myself, I paddled like crazy in an attempt to get ahead of whatever toothy creature might have been scaring fish right out of the sea. When telling this story to my nephews this morning, I was informed by the kid with ichthyological leanings that it was likely a barracuda or white-tipped reef shark that prompted the fish flight. Yeah, thanks a lot, kid.
Jan 10, 2013
Weekly Wrap-Up
- Greg attended the PGA Tournament of Champions held just up the road from us in Kapalua and came back with some excellent loot ~ I mean giveaways ~ from the pro shop. Golfers had to endure three days of start/stop play because of nasty weather. It must have sucked to get all primed to play, get a couple of holes into the day and then have play cancelled - day after day after day. I'm guessing the pros all headed to the beach and had their caddies fetch fruity drinks instead of drivers and irons. That's what I would have done.
- Tiny Raymond caught a ride over the ocean with his Hays buddies. He hangs out with Artie the anthurium these days. Characteristically, he immediately located and claimed the most ball-shaped objects upon arrival.
- Our men went fishing and came back skunked and sunburned. Oh well. They got a decent boat ride out of the adventure. And saw whales. And dolphins. Since we're fish-less, we're continuing to plow our way through the coolers of roasts, loins and steaks brought from La Conner. I understand leg of lamb is on tonight's menu.
- I've been paddling, paddling and paddling. Still falling in. Still loving it. Got little James out on the board this morning: "Let's go to the waves," he said. All right, little dude! So we did, to the consternation of Grandma Anne who we left on shore.
- We're all about beaching. Or, more accurately: sanding. That's what beach time with kids is mostly about. It's mind-boggling how much sand can be introduced to every orifice on a little one's body and then transferred to accompanying adults, towels, vehicles and ~ ultimately, shower basins.
- There's been pool time, tour time, lots of delicious meal time and ~ thank goodness ~ nap time. Throw in a couple of condo fix-it projects and a fun "adults' night out" at Dukes and this week has flown by. All in all: good times!
|Tiny Raymond and his citrus balls
Jan 6, 2013
Aloha, Hays Ohana!
Jan 4, 2013
Fruits of our labor
|labored fruit
papaya and banana in top basket, citrus below
A couple of days ago we launched a sneak attack on the House of Good Living's papaya tree. To clarify, in reverse order:
- It's not really our papaya tree. It's a volunteer started from seeds dropped by a resident Java Finch (love that bird), that sprouted between the row of palms lining our walkway. Papaya trees grow really fast (I've written about them before, here) and fruit should be picked when it turns from dark to bright yellow/green. Thus ....
- Our sneak attack, or ~ as Greg called it ~ "our strategically timed fruit extraction event" needed to happen silently and quickly. You know, sneakily. Here's why: this tree grows right alongside the walkway onto which everyone's front doors and bedroom windows open. This fruit had been ripening right there - just out of arm's reach of everyone passing by. We wanted to pick it without anyone noticing because ... well, there's really no good reason. We just felt like being sneaky.
Actually, the papaya poaching was just the latest in a series of fruit-based activities. Cousin Mino gave us beautiful box of island-grown citrus upon our arrival which we've augmented with on our walks to the abandoned lime tree down the road. The House of Good Living has two enormous banana bunches from which we've been harvesting the past week, too. Very little effort expended in gathering results in a great return of fruity enjoyment. That's how easy ~ and delicious ~ life is here.
Jan 3, 2013
Our roommate(s)
|Arthur the anthurium
Not unlike spending time on a boat, one has to discover for oneself if this kind of life will work. Can your wants be reduced to your basic needs? Can you accept that efficiency takes priority over extravagance? We have systems that aid in the our enjoyment of these few hundred squares. The bed is made upon leaving it; shoes are stored under the entry table; and while we love to host pupu and dinner parties, our nightly occupancy is limited to two (visits from family don't count).
Then, Shirley brought Arthur into our lives. Overnight we tossed our occupancy restriction and gained a roommate who's rosy face welcomes us every morning. Artie ~ as Greg calls him ~ and his lava rock have taken up residency on a piece of Clay in Motion pottery (a wonderful gift in itself from Walla Walla cousins). Artie is an anthurium, a tropical plant that thrives in our climate and offers long-lasting blooms surrounded by glossy heart-shaped leaves. He's low-maintenance, requiring only a bit of water and protection from direct sun. We take him to the lanai at night and suspect the mo'o likely go for swims in his basin.
Yep, the mo'o ... those rascals are still around. I guess they're kinda our roommates, too. Like Artie, they don't take up any room to speak of plus they have entertainment value a mere plant can't provide. Our little home is now graced by a little plant and little bug-eating monsters. There's a pleasant balance to that, isn't there?
Jan 1, 2013
Aloha, 2013!
Ha'oli Makahiki Hou from the House of Good Living!
|beach snoozing, Greg-style
It is with grateful hearts that we reflect on the past year. In 2012 we enjoyed many fun adventures with friends, were blessed with the addition of Patsy Dietrich to our family (nice job, Dad ~ we're so happy for you both), and had no extended hospital stays! Excellent gifts, every last one. We look forward to the opportunities this new year brings and are hopeful of an adventure or two here in our little piece of paradise with YOU, dear reader. Meanwhile, we'll content ourselves with some of the simple Maui pleasures we enjoyed today: fresh-from-the-tree fruit for breakfast, long naps under a beach umbrella, and watching the sun set behind Lanai from our own lanai.
|our last sunset of 2012
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Charter Sun Odyssey 42i 2010 in Gocek Base
Amazing 8 person cruising monohull for charter in Turkey! Starting at €465 per day and a preferred minimum rental of 7 days. If you have any questions, we can answer those through GetMyBoat's messaging platform before you pay. Just hit, "Request to Book" and send us an inquiry for a custom offer. Special Equipment - Sprayhood - Cockpit Loudspeakers - Bowthruster Basic Equipment - Bimini, Furling Genoa, Gangway, electr. windlass, GPS - Chartplotter, Auto Pilot, Wind Speed-Direction, Speed-Depth repeaters, VHF-Phone, Refrigerator, shore power 220V with battery charger, Cockpit table, Cockpit cushions, CD-MP3 Player with iPod in, Cockpit loudspeakers, Mobile Phone, Invertor, Dinghy with oars, Hot water, Swimming platform with shower, 2 LPG bottles, Bayexpress, a Harbour guide and Turkish waters pilote book in different languages are standard on all yachts.
- Captain is not included.
- Trip may require hiring additional qualified personnel.
- Capacity
- 8 guests
- Sailing
- Cruising Monohull
Features & Details
- Length
- 42ft
- Year
- 2010
- Life jackets/required safety gear
- Galley Stove & Oven
- Cabin
- Bimini
- Bow Thrusters
- Autopilot
- CD Player
- Dinghy
- Inverter
- Head
Approximate Location
You'll get directions for the exact departure location when you make a booking inquiry.
Cancellation Policy
Full refund up to 5 days prior.


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Secure file sharing via email
- When sending files via email you can compress the data with 7-Zip to restrict the use of bandwidth
- you can password-protect and encrypt data for secure sharing or storage.
Our campuses are open. Please read updated information for students and staff on our website.
Upon storing and sending of data files with sensitive information in open places such as the Internet (email), memory sticks, memory cards, DVDs and the like.
Contact User support IT if it is inconvenient for you to encrypt files as separate attachments in the form of zip files, and you wish to rather directly encrypt the contents of the emails, for example upon longer email exchanges that deal with sensitive information.
See also encryption of storage media.
Select the compression format: (see screenshot below)
Always select the encryption method:
Some applications are zipped to make large files smaller for faster downloads.
A Zip file must be unzipped on your computer before you can use the program.
Guide on how to extract Zip files (windows.microsoft.com)
Video tutorial on how to zip/ unzip files (windows.microsoft.com)


text: 6 Questions to Ask When Looking for the Right B2B Marketing Agency November 2019 Business to Business (B2B) marketing is not simple. In fact, it can be an extremely complex endeavor with long sales cycles and competitors sometimes doubling up as partners. In essence, B2B marketing demands courage and determination, but you don't have to go it alone. A top-class B2B marketing agency can offer valuable support and function as an extension of your internal teams. However, it's critical to find an agency that has an in-depth understanding of your business, the industry you operate in, and, most importantly, your customers and potential customers. Here are six important questions to ask when considering a B2B agency: 1. Does the Agency Speak to You? Each industry comes with its own unique terminology. Take a critical look at the agency's content on its website, blog, and social media channels. Does what the agency is writing about resonate with you? Is it applicable to your products, the way your business works, and its challenges? 2. Can the Agency Work Effectively with Your Teams? You need an agency that can sit down with your product developers and managers and get technical with them. The ideal agency can talk to your customers without sounding like an outsider, speak to your sales team about the challenges they face, and inform your company's executives of the needs of your customers. 3. Does the Agency Attend Events Key to Your Industry? Does the agency have a presence at key industry events? This is important because there is so much to be learned by interacting with companies in the industry, particularly those with major industry influence. When interviewing an agency, find out which key events they have attended in recent years and what important information they obtained from their attendance. 4. How Well Known and Regarded is the Agency? Do representatives of the agency regularly appear as speakers at relevant industry events? Does the agency contribute to the leading media outlets in your industry? Survey your media reps and other industry contacts to find out if they're familiar with the agency. If others see the agency as an authority in your industry, this is a good sign that they will have a deep understanding of B2B. 5. Who Are the Agency's Clients? Take a good look at the agency's client list. Is the agency already working with other companies in your industry, your partners, or your customers? The agency's client list is key to knowing whether they will be able to connect with your business and your potential audience. The bottom line here is to avoid having to cope with a frustrating learning curve because the agency is not already working with other businesses similar to yours. 6. How Good Is the Agency's Client Retention? Ask the company how long their major clients have stayed with them. An effective agency will have a list of clients that have been on their roster for longer than a year or two. Client retention shows that the agency is capable of helping a brand evolve over time. Conclusion Each agency is unique and deserves careful consideration. Your aim should be to come up with a short list of agencies that know B2B and how to use it to achieve online results for your business. Your chosen agency should have experience in your field and be able to offer expertise on marketing techniques that will work to increase your sales. If you're in the market for B2B experience and expertise, the strategic advisors at Americaneagle.com can help. Feel free to contact us to see what we can do for you! Tim Ahlenius Tim has been building, designing, and executing websites since 1999, and joined Americaneagle.com in 2009. His specialties include online e-commerce consulting, web and business marketing, and project management. With technical and creative savvy, Tim is a born entrepreneur & problem-solver. When not staring soulfully at Google Analytics, Tim enjoys roughing it Apple-free in the great outdoors. Show oldest on top Show newest on top Write a review Load more comments Thank you for the review! Your review must be approved first You've already submitted a review for this item Thank you! Your review has been submitted successfully Login to be able to write a review Write a review Rating is required Review cannot be empty Click to add (?) Click to add (?) New code Please type the code above You typed the code incorrectly. Please try again


text:
Update: Well, Build52 isn't happy with me at the moment, so I can't get the links up right now.
thanks for stopping by my blog, really appreciate it, i like yours also
its so fanciful
I pray God's peace and comfort upon the family, I pray for his merices and healing upon the daughter and declare she is the healed getting towards being whole. May God perfect his strength in these moments of their weaknesses and I bind every strongman holding their health captive, every strong man of infirmity over them in Jesus name.
I am pleased to read they are praising him in these trying moments.


text:
Pet Urine On Baseboard Heaters – What You Can Do To Eliminate The Smell
Baseboard heaters can be an awesome source of heat for your home, but when you have pets, things can get a little complicated and stinky. Cats tend to spray things and dogs lift their legs on things, and all too often, those things that they pee on are the most difficult to clean. When your pet pees on the baseboard heaters, your home will become a smelly place to be each time you try to use that heater. Here's how to eliminate the stink from the baseboard heaters your pets mark:
Shut Off the Heat
If you've had to use the heater even with that stink coming from it, now's the time to turn it off. It must be cool before you can clean it or it will cause the cleaner to dry before it has worked its magic.
Choose Your Cleaning Agent
Bio-Enzymatic Cleaner – Every pet owner should have a jug or two of this cleaner in their home at all times. This type of cleaner is specially formulated to break down the enzymes in the urine that actually cause the odors. It can be used on nearly every material in your home – carpeting, wood, metal, whatever your pet marks can be cleaned.
This solution is easy to use – simply spray the affected area and allow it to dry. As it dries, it will kill the odor-causing enzymes eliminating the putrid smell.
Tea-Tree Oil – You just need about three drops of tea-tree oil mixed with a cup of water to create an effective cleaner. Pour the mixture into a spray bottle and spray the pee with the solution. Let it sit for several minutes and return with a clean cloth to wipe off the residue. You may smell the cleaning solution for a few days as you use the heater, but eventually, it will fade and so will the urine smell.
White Vinegar – White vinegar is an alternative to the bio-enzymatic cleaner. It won't smell as nice as the cleaner, but it will be nearly as effective after several applications. Simply spray the white vinegar on the area and allow it to dry. Repeat, but wipe the surface after the fourth or fifth application.
If you cannot get the stink out of your baseboard heaters, you may need some assistance from your local residential heating professional. He or she may need to disassemble the unit to get to the cause of the odors and eliminate it once and for all.


text:
Perfect for as a work, wedding or Valentines gift!
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There are no clinics booked this week.


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United States District Court, District of Columbia
September 13, 2017
IVY BROWN, et al., Plaintiffs,v.DISTRICT OF COLUMBIA, Defendant.
SEGAL HUVELLE United States District Judge.
action was brought by a class of individuals with physical
disabilities who (1) have received DC Medicaid-funded
long-term care services in a nursing facility for 90 or more
consecutive days; (2) are eligible for Medicaid-covered home
and community-based long-term care services; and (3) would
prefer to live in the community instead of a nursing
facility. (4th Am. Compl. ¶ 120, Sept. 10, 2015, ECF No.
162.) Plaintiffs allege that the District's failure to
provide effective transition services has caused the class to
remain in nursing facilities, in violation of the integration
mandate of Title II of the Americans with Disabilities Act
("ADA"), 42 U.S.C. § 12131 et seq.,
and Section 504 of the Rehabilitation Act, 29 U.S.C. §
794 et seq. (See id. ¶¶ 1-3.)
integration mandate was first recognized by the Supreme Court
in Olmstead v. L.C. ex rel. Zimring, 527 U.S. 581
(1999). Under Olmstead, the essential inquiry is
whether a state administers its Medicaid programs in a manner
that unjustly segregates individuals with disabilities.
Olmstead involved the question of whether the
integration mandate had been violated with respect to two
disabled individuals. Here, plaintiffs are proceeding as a
class action, and therefore, the question is far more
succeed, plaintiffs have the burden under Rule 23, as
interpreted by Supreme Court and Circuit precedent, to show a
systemic policy or practice of the District's operation
of its Medicaid system that has caused a common harm to
plaintiffs. Plaintiffs have a further burden to show that the
common harm can be remedied by a single injunction, which
would result in the class members being transitioned out of
the nursing facilities. Thus, the essential question before
the Court is whether plaintiffs have shown concrete systemic
deficiencies that harm the class and, if these deficiencies
exist, whether they are redressable by a single injunction.
on the testimony and exhibits admitted at trial, the
parties' arguments, and the applicable law, the Court has
reached the Findings of Fact and Conclusions of Law set forth
below, and it concludes that plaintiffs have failed to
demonstrate that they are entitled to class-wide relief under
Fed.R.Civ.P. 23. The class-wide claims will therefore be
dismissed, and as plaintiffs do not seek individual relief,
judgment will be entered for the District.
under an Olmstead theory of liability, plaintiffs
contend that the District is violating the so-called
"integration mandate" of Title II of the ADA and
Section 504 of the Rehabilitation Act by failing to provide
effective transition services to a class of physically
disabled individuals who receive Medicaid-funded long-term
care, have lived in nursing facilities for more than 90 days,
and would prefer to live in the community. Plaintiffs seek
class-wide declaratory and injunctive relief pursuant to
Federal Rule of Civil Procedure 23(b)(2).
The Integration Mandate of the ADA and the Rehabilitation
II of the ADA and Section 504 of the Rehabilitation Act,
along with their implementing regulations, require that
public entities and programs receiving federal funds take
reasonable steps to avoid administering their programs in a
manner that results in the segregation of individuals with
disabilities. This is the crux of the integration mandate.
II of the ADA provides that "no qualified individual
with a disability shall, by reason of such disability, be
excluded from participation in or be denied the benefits of
the services, programs, or activities of a public entity, or
be subjected to discrimination by any such entity." 42
U.S.C. § 12132. A "qualified individual with a
disability" under the ADA is
an individual with a disability who, with or without
reasonable modifications to rules, policies, or practices,
the removal of architectural, communication, or
transportation barriers, or the provision of auxiliary aids
and services, meets the essential eligibility requirements
for the receipt of services or the participation in programs
or activities provided by a public entity.
Id. § 12131(2). A "public entity"
is "any State or local government, " and
"any department, agency, [or] special purpose district,
" including the District of Columbia. See Id.
included in Title II of the ADA its express finding that
"segregation" of persons with disabilities is a
"form[] of discrimination" forbidden by the
statute. Id. § 12101(a)(5); see
id. § 12101(a)(2) ("[H]istorically,
society has tended to isolate and segregate individuals with
disabilities, and, despite some improvements, such forms of
discrimination against individuals with disabilities continue
to be a serious and pervasive social problem.").
Congress instructed the Attorney General to promulgate
regulations implementing Title II's proscription against
disability-based discrimination, including unjust
segregation. See Id. § 12134(a). To this end,
the ADA's implementing regulations include an
"integration" provision, which requires that
"[a] public entity shall administer services, programs,
and activities in the most integrated setting appropriate to
the needs of qualified individuals with disabilities, "
28 C.F.R. § 35.130(d). The regulations define the
"most integrated setting" as "a setting
that enables individuals with disabilities to interact with
nondisabled persons to the fullest extent possible."
Id. pt. 35, App. B.
Section 504 of the Rehabilitation Act, which applies to
"any program or activity receiving Federal financial
assistance, " such as Medicaid, provides that
"[n]o otherwise qualified individual with a disability
. . . shall, solely by reason of her or his disability, be
excluded from the participation in, be denied the benefits
of, or be subjected to discrimination." 29 U.S.C.
§ 794(a). Although the Rehabilitation Act does not
contain an express finding that segregation is a form of
discrimination, the Rehabilitation Act's implementing
regulations mirror those of Title II of the ADA by requiring
that programs, services, and activities be administered in
"the most integrated setting appropriate" to the
needs of individuals with disabilities. See 28
C.F.R. § 41.51(d).
in slightly different formulations, the regulations
implementing both statutes require "reasonable
accommodations" to avoid discrimination of individuals
with disabilities. Under ADA regulations, a public entity
must "make reasonable modifications in policies,
practices, or procedures when the modifications are necessary
to avoid discrimination on the basis of disability, unless
the public entity can demonstrate that making the
modifications would fundamentally alter the nature of the
service, program, or activity." Id. §
35.130(b)(7). Similarly, under the Rehabilitation Act, the
recipient of federal funds must "make reasonable
accommodation to the known physical or mental limitations of
an otherwise qualified handicapped applicant or employee
unless the recipient can demonstrate that the accommodation
would impose an undue hardship on the operation of its
program." Id. § 41.53. These regulations,
while not identical, are intended to be
"consistent." See 42 U.S.C. §
12134(b) (the regulations implementing the ADA "shall
be consistent with" the regulations implementing
Section 504).
regulations of each law also prohibit the use, direct or
otherwise, of
criteria or methods of administration: (i) That have the
effect of subjecting qualified individuals with disabilities
to discrimination on the basis of disability; [or] (ii) That
have the purpose or effect of defeating or substantially
impairing accomplishment of the objectives of the public
entity's program with respect to individuals with
28 C.F.R. § 35.130(b)(3) (ADA); 45 C.F.R. §
84.4(b)(4)(i)-(ii) (Rehabilitation Act). Read together, these
regulations require that public entities and programs
receiving federal funds take reasonable steps to avoid
administering their programs in ways that result in
Olmstead, the Supreme Court expounded on the meaning
of the integration mandate for disabled individuals receiving
Medicaid-funded care in institutions. In that case, the Court
considered whether the "proscription of
discrimination" in Title II of the ADA "may
require placement of persons with mental disabilities in
community settings rather than in institutions." 527
U.S. at 587. The Court answered with "a qualified yes,
" holding a state government liable for its failure to
provide community care for two individual plaintiffs with
mental disabilities. Id. at 587, 598.[2]
Court first held that "[u]njustified isolation . . . is
properly regarded as discrimination based on
disability." Id. at 597. In doing so, the
Court concluded that "[u]njustified isolation" of
individuals with disabilities, even without a showing of
disparate treatment, constitutes discrimination prohibited by
Title II of the ADA, id., and that the
government's failure to provide "reasonable
accommodations" for individuals with disabilities to
access community care is actionable under the law,
id. at 601.
sets forth a three-part test to determine whether a state has
unjustly segregated an individual with a disability.
Community placement for individuals with disabilities
"is in order" when (1) "the State's
treatment professionals have determined that community
placement is appropriate, " (2) "the transfer
from institutional care to a less restrictive setting is not
opposed by the affected individual, " and (3)
"the placement can be reasonably accommodated, taking
into account the resources available to the State and the
needs of others with mental disabilities." Id.
at 587. The Court cautioned that it was not holding
"that the ADA imposes on the States a 'standard
of care' for whatever medical services they render, or
that the ADA requires States to 'provide a certain
level of benefits to individuals with disabilities,
'" but rather, "that States must adhere to
the ADA's nondiscrimination requirement with regard to
the services they in fact provide." Id. at 603
the three-part test to the two individuals in
Olmstead, the Court noted that it was undisputed
that the two plaintiffs satisfied the first two prongs, as
they were "qualified for noninstitutional care"
and did not "oppose[] such treatment."
Id. at 602-03. However, as to the third
factor-whether community placement for those plaintiffs was
could be "reasonably accommodated"-the Court
remanded the matter for the lower courts to determine in the
first instance whether providing community care to the
plaintiffs would have been "reasonable."
Id. at 607. The Court counseled that, although it is
a fact-bound inquiry, a state's obligation to make
particular modifications is "not boundless."
Id. at 603. For instance, states are not required to
make a modification that would constitute a
"fundamenta[l] alter[ation]" of the existing
services. Id. (quoting 28 C.F.R. §
plurality of the Court expounded on the scope of "[t]he
State's responsibility, once it provides community-based
treatment to qualified persons with disabilities."
Id. at 603. The plurality observed that "[t]o
maintain a range of facilities and to administer services
with an even hand, the State must have more leeway than the
courts below understood
the fundamental-alteration defense to allow."
Id. at 605. For instance, the plurality reasoned
that it would not be proper to compare the cost of
community-based treatment for the two individual plaintiffs
who brought the lawsuit against the entire mental health
budget of the state. Instead, the fundamental-alteration
component of the reasonable-modifications regulation would
allow the State to show that, in the allocation of available
resources, immediate relief for the plaintiffs would be
inequitable, given the responsibility the State has
undertaken for the care and treatment of a large and diverse
population of persons with mental disabilities.
Id. at 604.
to the plurality, one way that a state could defeat liability
with a fundamental-alteration defense was by
"demonstrat[ing] that it had a comprehensive,
effectively working plan for placing qualified persons with
mental disabilities in less restrictive settings, and a
waiting list that moved at a reasonable pace not controlled
by the State's endeavors to keep its institutions fully
populated." Id. at 605-06. Such a
comprehensive, effectively working plan is now commonly known
as an "Olmstead Plan." A number of
states, as well as the District, have adopted their own
Olmstead Plans, although the name alone is obviously
not enough to make it a legally sufficient defense.
Federal Rule of Civil Procedure 23: Class Actions
As will
be discussed more fully herein, plaintiffs in this case
proceed as a class under Federal Rule of Civil Procedure
23(b)(2), unlike the two plaintiffs in Olmstead, who
sought individual injunctive relief. See infra
Conclusions of Law Part I. Thus, plaintiffs carry an
additional burden under Rule 23 to demonstrate that they have
met the Rule 23(a) prerequisites.[3] As plaintiffs seek
declaratory and injunctive relief, they must also show that
the action meets the requirements of Rule 23(b)(2).
Certification under Rule 23(b)(2) for injunctive relief
requires plaintiffs to show that the defendant "has
acted or refused to act on grounds that apply generally to
the class, so that final injunctive relief or corresponding
declaratory relief is appropriate respecting the class as a
whole." Courts may certify classes under this provision
"only when a single injunction or declaratory judgment
would provide relief to each member of the class."
DL v. District of Columbia, 860 F.3d 713, 723 (D.C.
Cir. 2017) ("DL II") (quoting
Wal-Mart Stores, Inc. v. Dukes, 564 U.S.
338, 360 (2011)).To proceed as a Rule 23(b)(2) class, the
party seeking certification must "adequately allege[]
that the class has suffered a uniform deprivation, and that
such deprivation could be remedied by a single
injunction" for purposes of commonality. In re
District of Columbia, 792 F.3d 96, 101 (D.C. Cir. 2015).
In other words, a Rule 23(b)(2) class must identify a
"policy or practice affecting all members of the
class." Id. at 100 (citing DL v. District
of Columbia, 713 F.3d 120, 128 (D.C. Cir. 2013) ("
DL I ")). This requirement means that
plaintiffs here must "proffer[] evidence of systemic
deficiencies in the District's system of transition
assistance and that those deficiencies appear to be affecting
the class." Thorpe v. District of Columbia,
303 F.R.D. 120, 151 (D.D.C. 2014) ("Thorpe II
At the
class certification stage, "[a] party seeking class
certification must affirmatively demonstrate his compliance
with the Rule-that is, he must be prepared to prove that
there are in fact sufficiently numerous parties,
common questions of law or fact, etc."
Wal-Mart, 564 U.S. at 350. But at the trial stage,
the class must do more than "be prepared to
prove" the Rule 23 requirements. See Id.
Instead, the class must actually prove that it has complied
with Rule 23. Importantly, the class must answer the common
questions that they identified at the class certification
stage, and the answers to those questions must justify
"final injunctive relief or corresponding declaratory
relief . . . respecting the class as a whole."
See Fed. R. Civ. P. 23(b)(2). Here, "to
prevail on the merits and obtain the relief they seek,
plaintiffs [must] prove concrete[, ] systemic
deficiencies" in the District's system of
transition assistance and that these deficiencies have caused
a common harm to class members. See Thorpe II, 303
F.R.D. at 146 n.58, 151.
Plaintiffs' Initial Complaint and the District's
First Motion to Dismiss
December 23, 2010, four plaintiffs filed a putative class
action against the District, the Mayor of the District, and
various District officials seeking declaratory and injunctive
relief for the plaintiffs' alleged segregation. (Compl.
at 27 (Request for Relief), ECF No. 1.)[4] At the time, the
proposed class consisted of
[a]ll those persons who (1) have a disability; (2) receive
services in nursing facilities located in the District of
Columbia or funded by [the District] at any time during the
pendency of this litigation; (3) could live in the community
with appropriate supports and services from [the District];
and (4) prefer to live in the community rather than in
nursing facilities.
(Id. ¶ 90.) The Complaint alleged that the
District's "programs and activities for persons
with disabilities systematically deny or ignore
Plaintiffs' choices and preferences for integrated
community care, " in violation of Title II of the ADA
and Section 504 of the Rehabilitation Act. (Id.
¶ 9.) At the time, by virtue of not qualifying
"disability, " the proposed class included
individuals with both mental and physical disabilities.
(See Status Conf. Tr. at 3:25-4:3, Apr. 29, 2011,
ECF No. 22 ("4/29/2011 Status Conf. Tr.").)
defendants filed a responsive pleading, plaintiffs amended
their Complaint to add an additional plaintiff. (See
1st Am. Compl., March 30, 2011, ECF No. 17.) On April 27,
2011, defendants then filed a Motion to Dismiss, or in the
Alternative, for Summary Judgment. (Defs.' Mot. to
Dismiss 1st Am. Compl., ECF No. 19.)
parties appeared for a Status Conference on April 29, 2011,
at which the Court set a briefing schedule on the pending
Motion to Dismiss and relieved plaintiffs of the filing
deadline for their motion for class certification.
(See Minute Order, April 29, 2011.) Consistent with
the Court's Minute Order, plaintiffs filed their
Opposition to the District's Motion to Dismiss on
September 1, 2011. (Pls.' Opp'n to Defs.' Mot. to
Dismiss 1st Am. Compl., ECF No. 28.) Defendants filed their
Reply on October 3, 2011. (Defs.' Reply in Support of
Mot. to Dismiss 1st Am. Compl., ECF No. 30.)
February 14, 2012, this Court granted in part and denied in
part the District's motion. Day v. District of
Columbia, 894 F.Supp.2d 1, 33 (D.D.C. 2012). In doing
so, the Court rejected the District's argument that
plaintiffs had failed to state a claim because they had not
properly alleged "a causal connection between the
injury and the conduct complained of, " or, in other
words, that plaintiffs had not properly alleged that
"the injury [is] fairly traceable to the challenged
action of the defendant." (Defs.' Mot. to Dismiss
1st Am. Compl. at 10-11 (quoting Lujan v. Defenders of
Wildlife, 504 U.S. 555, 560 (1992)).) The Court
concluded that it was sufficient for plaintiffs to have
alleged that
the District provides, administers and/or funds the existing
service system through which plaintiffs receive long-term
care services and/or that the District, in so doing, has
utilized criteria or methods of administration that have
"caused [plaintiffs] . . . to be confined unnecessarily
in nursing facilities in order to obtain long-term care
services, rather than facilitate their transition to the
community with appropriate services and supports."
Day, 894 F.Supp.2d at 22 (quoting 1st Am. Compl.
¶ 111).
Court also rejected the District's argument that summary
judgment should be granted because it had adopted an
Olmstead Integration Plan and specific programs
designed to further deinstitutionalization. Id. at
29. The undisputed figures regarding the District's
nursing-home occupancy "clearly undercut" its
contention that it had any "plan that demonstrates a
measurable commitment to deinstitutionalization, " one
generally accepted component of an "effectively
working" Olmstead plan. Id. at 28.
Moreover, the District had operated a waiver program for
elderly and physically disabled individuals ("EPD
Waiver") since 1999, and it was impossible to determine
how many individuals had transitioned to community-based
long-term care from nursing facilities, as the District did
not keep any such data. Id. at 29. But at least with
respect to the Money Follows the Person ("MFP")
federal grant program, operated in part to transition
physically disabled nursing-facility residents to
community-based long-term care, the District had only
transitioned three such individuals as of October 3, 2011,
even though the program had been authorized in 2007.
Id. Given the fact that, at the time, there were at
least 526 physically disabled individuals living in nursing
facilities who expressed an interest in living in the
community, the undisputed facts demonstrated that the
Districts' Olmstead Plan had not been effective.
the Court was persuaded by the District's argument that
the claims against the individual defendants were redundant
to those against the District. Id. at 33. The Court
therefore dismissed plaintiffs' claims against the
individual defendants, leaving the District as the sole
remaining defendant. Id.
Plaintiffs' Second Amended Complaint and First Motion for
Class Certification
February 28, 2012, the District answered plaintiffs'
Amended Complaint. (Answer to 1st Am. Compl., ECF No. 44.) On
April 2, 2012, Plaintiffs filed a Second Amended Complaint,
which removed three plaintiffs and added four new plaintiffs.
(2d Am. Compl., ECF No. 46.) The District filed its Answer to
the Second Amended Complaint on April 17, 2012. (Answer to 2d
Am. Compl., ECF No. 51.) Then, based on the parties'
request, the matter was referred to a Magistrate Judge for
mediation, which did not succeed.
the first and second settlement conferences, plaintiffs filed
their Motion for Class Certification pursuant to Federal Rule
of Civil Procedure 23. (Pls.' Mot. for Class Cert. May
15, 2012, ECF No. 54.) The District filed its Opposition on
August 20, 2012 (Def.'s Opp'n to Pls.' Mot. for
Class Cert., ECF No. 61), and a supplemental Memorandum in
Opposition on September 20, 2012. (Def.'s Supp. Opp'n
to Pls.' Mot. for Class Cert., ECF No. 68.) Plaintiffs
file their reply on September 28, 2012. (Pls.' Reply in
Support of Mot. for Class Certification, ECF No. 70.)
the Court decided plaintiffs' Motion for Class
Certification, the District filed three additional motions:
(1) a Motion to Amend its Answer to the Second Amended
Complaint, which sought leave to add the defenses of res
judicata and collateral estoppel to the claims of those
putative class members whose "claims overlap with
claims previously litigated and resolved in Dixon v.
Gray."[5] (Def.'s Mot. to Amend Answer to 2d Am.
Compl. at 1, Sept. 18, 2012, ECF No. 65); (2) a Motion to
Dismiss for Lack of Jurisdiction the Claims of Plaintiff
Donald Dupree (Def.'s Mot. to Dismiss Claims of Donald
Dupree as Moot, Sept. 18, 2012, ECF No. 64); and (3) a Motion
to Dismiss for Lack of Jurisdiction the Claims of Plaintiff
Curtis Wilkerson. (Def.'s Mot. to Dismiss Claim of Curtis
Wilkerson as Moot, Dec. 13, 2012, ECF No. 81.) On January 7,
2013, the Court heard argument on the District's pending
motions. (Minute Entry, Jan. 7, 2013.)
At the
hearing, the Court granted the District's motion to amend
its answer. (Hrg. Tr. at 87:11-12, Jan. 7, 2013, ECF No. 90
("1/7/2013 Hrg. Tr."); Minute Order, Jan. 7,
2013.), The Court also indicated that it would deny the
District's two remaining motions, which sought dismissal
for lack of jurisdiction of two individual plaintiffs, as
their claims satisfied a number of exceptions to the mootness
doctrine. (1/7/2013 Hrg. Tr. at 3:19-23.)[6]
At the end of the hearing, the Court advised plaintiffs that
it would not grant the motion to certify the class as
"presently constituted" for several reasons,
including (1) the discrepancy between the purported systemic
goals of the litigation and the undefined but individualized
injunctive relief sought by the second amended complaint; and
(2) plaintiffs' failure to avoid overlap between their
claims and the class action settlement in Dixon.
Thorpe II, 303 F.R.D. at 134 (quoting 1/7/2013 Hrg.
Tr. at 98:1). The Court was persuaded that it would be
inappropriate to issue an injunction that included orders to
the Department of Mental Health, which was already under a
consent decree in the Dixon case. (1/7/2013 Hrg. Tr.
at 86:7-9.)
order for plaintiffs to address the deficiencies the Court
identified, the Court denied plaintiffs' first Motion for
Class Certification without prejudice and set a schedule for
plaintiffs to file a Third Amended Complaint and a renewed
Motion for Class Certification. (Minute Order, Jan. 17, 2013;
Am. Scheduling Order, Jan. 17, 2013, ECF No. 87.) The Court
determined that fact discovery would continue but that expert
discovery would be stayed until after the Court ruled on the
renewed Motion for Class Certification. (Am. Scheduling Order
at 1-2.).)
Plaintiffs' Third Amended Complaint and Renewed Motion
for Class Certification
March 27, 2013, plaintiffs filed their Third Amended
Complaint. (3d Am. Compl., ECF No. 98.) The Third Amended
Complaint "added six new class representatives, revised
the proposed class definition in several ways, and amplified
plaintiffs' requests for relief." Thorpe
II, 303 F.R.D. at 135. Under the Third Amended
Complaint, the class was defined as
[a]ll persons with physical disabilities who, now or during
the pendency of this lawsuit: (1) receive DC Medicaid-funded
long-term care services in a nursing facility for 90 or more
consecutive days; (2) are eligible to live in the community;
and (3) would live in the community instead of a nursing
facility if the District of Columbia would provide transition
assistance to facilitate their access to long- term care
services in the community.
(3d Am. Compl. ¶ 153.) This definition "limit[ed]
the class to individuals who have a physical disability, have
been in a nursing facility for over 90 days, and need
transition assistance from the District in order to leave the
nursing facility and obtain community-based long-term care
services." Thorpe II, 303 F.R.D. at 135. The
Third Amended Complaint alleged a laundry list of some 11
deficiencies in the District's transition services, which
the Court characterized as "broad and far-ranging
institutional reform" that went "far beyond
transitional services." Id. at 136 (discussing
3d Am. Compl. ¶ 139).
April 11, 2013, the District filed a Motion to Dismiss the
Third Amended Complaint. (Def.'s Mot. to Dismiss 3d Am.
Compl., ECF No. 99.) On May 6, 2013, plaintiffs filed their
Renewed Motion for Class Certification (Pls.' Renewed
Mot. for Class Cert., ECF No. 103), and the Department of
Justice filed a Statement of Interest in support of
plaintiffs' renewed Motion for Class Certification.
(Statement of Interest of the United States, June 26, 2013,
ECF No. 109.)
In its
motion, the District argued that the Third Amended Complaint
should be dismissed because the proposed class was not
"readily ascertainable" with reference to
"objective criteria" and that the class was
overbroad. (Def.'s Mem. in Support of Mot. to Dismiss 3d
Am. Compl. at 5-6.) The District further argued that, should
the Court find the proposed class to be deficient, plaintiffs
would lack standing to seek "system-wide injunctive
relief" and that, even if the class were certified,
plaintiffs would lack standing to seek "broad systemic
relief [that] . . . exceeds the specific injuries
alleged." (Id. at 12, 15.) On December 13,
2013, the Court held a hearing on the two pending motions,
and on March 29, 2014, the Court issued a Memorandum Opinion
denying the District's Motion to Dismiss and granting
plaintiffs' renewed Motion for Class Certification.
Thorpe II, 303 F.R.D. at 124.
As to
the District's Motion to Dismiss, the Court found that
the class was sufficiently definite, notwithstanding
plaintiffs' use of the length of stay in the nursing
facility as a proxy for needing the District's transition
assistance. Id. at 140-41. The Court also found that
it was not fatal to plaintiffs' case that individuals who
lack housing (or physically disabled individuals who are also
mentally disabled) were included in the class. Id.
at 141-42. The Court, mindful that its role at the motion to
dismiss stage was "not . . .to resolve the merits,
" found no overbreadth problem even though it expressed
concern about plaintiffs' ability to prove "a
causal link between the alleged deficiencies in the
District's system of transition assistance and the
alleged unnecessary segregation." Id. at 142.
Court also explained its conclusion that, "despite . .
. serious problems" as to whether plaintiffs would be
able to prevail on the merits and prove their entitlement to
the class-wide relief they sought in their Complaint,
plaintiffs had, at that juncture, carried their burden under
Rule 23. Id. at 138. The Court found that "the
District ha[d] yet to demonstrate that its Olmstead
Plan is an 'effectively working plan for placing
qualified persons with . . . disabilities in less restrictive
settings, and a waiting list that move[s] at a reasonable
pace not controlled by the State's endeavors to keep its
institutions fully populated.'" Id.
(quoting Olmstead, 527 U.S. at 606-07).
grappling with the Supreme Court's decision in
Wal-Mart and the D.C. Circuit's decision in
DL I, the Court identified common questions whose
"common answers [were] apt to drive the
resolution of the litigation." Id. at 145-46
(quoting Wal-Mart, 564 U.S. at 350). Namely, the
Court determined that
[t]o prevail on the merits and obtain the relief they seek,
plaintiffs will have to prove concrete systemic deficiencies.
For example, does the District in fact "fail[] to offer
sufficient discharge planning" or "fail[] to
inform and provide [nursing facility residents] with
meaningful choices of community-based long-term care
alternatives to nursing facilities.
Id. at 146 n.58 (quoting 3d Am. Compl. ¶
156(c), (g)).
Court modified slightly plaintiffs' proposed class
definition, and, pursuant to Fed.R.Civ.P. 23(a) and 23(b)(2),
it certified a class of
[a]ll persons with physical disabilities who, now or during
the pendency of this lawsuit:
(1) receive DC Medicaid-funded long-term care services in a
nursing facility for 90 or more consecutive days;
(2) are eligible for Medicaid-covered home and
community-based long-term care services that would enable
them to live in the community; and
(3) would prefer to live in the community instead of a
nursing facility but need the District of Columbia to provide
transition assistance to facilitate their access to long-term
care services in the community.
(Order, March 29, 2014, at 1.)
The District's Petition for Interlocutory Appeal
the Court certified the class, the District filed its Answer
to the Third Amended Complaint. (Def.'s Answer to 3d Am.
Compl., Apr. 14, 2014, ECF No. 131.) The next day, the
District filed a petition to the U.S. Court of Appeals for
the D.C. Circuit pursuant to Fed.R.Civ.P. 23(f) for an
interlocutory appeal of the class-certification decision.
(See Notice of Petition for Interlocutory Appeal,
Apr. 15, 2014, ECF No. 132.)
merits panel of the D.C. Circuit held oral argument on the
District's petition on February 6, 2015, and on June 26,
2015, it denied the Petition for Interlocutory Appeal. In
re District of Columbia, 792 F.3d at 102. Although the
D.C. Circuit expressed serious doubts about plaintiffs'
ability to ultimately meet the requirements of Rule 23, the
panel concluded that it was not "manifest error to
conclude, at this procedural juncture, that those two alleged
deficiencies"- failing to offer sufficient discharge
planning and failing to inform nursing facility residents of
community-based alternatives to nursing
facilities-"could represent the sort of systemic
failure that might constitute a policy or practice affecting
all members of the class in the manner Wal- Mart
requires for certification." Id. at 100
(citing DL I, 713 F.3d at 126, 128). That is to say,
the "two specific deficiencies" identified by
this Court in a footnote of its Memorandum Opinion were
pivotal to the panel's holding that this Court did not
manifestly err by finding sufficient allegations that
"the class has suffered a uniform deprivation, and that
such deprivation could be remedied by a single
injunction." Id. at 101 (citing Thorpe
II, 303 F.R.D. at 146 n.58).
Plaintiffs' Fourth Amended Complaint and Pretrial
the Court of Appeals denied interlocutory review, this Court
permitted expert discovery and set deadlines for the parties
to complete all discovery. (Scheduling Order, July 15, 2015,
ECF No. 158.) By consent motion, plaintiffs sought to amend
their Third Amended Complaint to account for recent
developments in the litigation. (Pls.' Mot. to Amend 3d
Am. Compl., Sept. 1, 2015, ECF No. 160.) The Court granted
the motion by Minute Order on September 10, 2015, and
plaintiffs filed their Fourth Amended Complaint the same day.
Fourth Amended Complaint-the operative complaint at the time
of trial-added two new named plaintiffs, removed named
plaintiffs who had died during the pendency of the
litigation, and "updated [plaintiffs'] factual
averments, " but did not "alter the substance or
basis for Plaintiffs' claims." (Pls.' Mot. to
Amend 3d Am. Compl. at 1.) Importantly, the 11 alleged
failures or deficiencies of the District's transition
system from the Third Amended Complaint remained the same.
(Compare 3d Am. Compl. ¶ 139 with 4th
Am. Compl. ¶ 105.) The class definition, although
slightly modified from the Third Amended Complaint, was
identical to the class definition in the Court's Order
certifying the class. (Compare 4th Am. Compl. ¶
120 with Order, March 29, 2014, at 1.) The District
answered the Fourth Amended Complaint on September 24, 2015.
(Def.'s Answer to 4th Am. Compl., ECF No. 166.) In the
Joint Pretrial Statement, plaintiffs set forth their proposed
injunction, which would set deadlines for the District to
transition class members and require it to "[d]evelop
and implement a working system of transition assistance to
facilitate all class members' access to long-term care
services in community-based settings." (Joint Pretrial
Statement at 10, Aug. 8, 2016, ECF No. 190.)
At the
pretrial conference, the Court decided that the bench trial
would be bifurcated into a "liability" phase and,
if necessary, a "relief" phase. In the first
phase of trial, the Court would determine whether plaintiffs
had proven that deficient transition services had resulted in
a violation of Olmstead's integration mandate,
entitling them to class-wide relief. In other words,
plaintiffs would first present their evidence that they were
unjustly segregated under Olmstead and that the
District has a uniform policy or practice causing the unjust
segregation that could be remedied in a single injunction, as
required by Rule 23(b)(2). If plaintiffs were successful in
proving liability, the Court would then decide the scope of
the injunction. At this second phase, the District could
raise the "fundamental alteration" defense
recognized by the plurality in Olmstead.
See 527 U.S. at 604.
The Trial
liability phase of the bench trial was held on September 13,
14, and 16; October 4 and 5; and November 8, 9, and 15, 2016.
The issue before the Court related to the District's
current efforts to comply with Olmstead; the
deficiencies in its transition services; and whether the lack
of transition services contributed to the class members'
segregation in nursing facilities. The evidence related to
the years 2014-2016, as the Court's prior opinion in
Thorpe II covered in detail the District's
failure to transition class members through 2013.
See 303 F.R.D. at 132- 33. But that Opinion
expressly left unanswered the question of whether the problem
of available housing, as opposed to a lack of transition
services, resulted in the class members' continued
segregation in nursing facilities, since that was an issue of
fact that had to be decided at trial. Id. at 147
presented their case-in-chief over five days, calling ten
live witnesses, reading portions of the depositions of four
other witnesses, and introducing exhibits. After plaintiffs
rested, the District moved for Judgment as a Matter of Law.
(Def.'s Mot. for Judgment as a Matter of Law, Oct. 6,
2016, ECF No. 223.) The Court took the motion under
advisement and ultimately permitted the parties to
incorporate by reference their arguments from their memoranda
addressing the District's Motion for Judgment as a Matter
of Law into their Proposed Findings of Fact and Conclusions
of Law.
District presented its defense over four days, calling six
live witnesses, reading counter-designations of the
depositions of plaintiffs' four deposition witnesses, and
introducing exhibits.
Briefing and Argument on the Court's Findings of Fact and
Conclusions of Law
the close of the first phase of trial, the Court ordered the
parties to "specifically address liability, causation,
and the propriety of maintaining a class under Fed.R.Civ.P.
23." (Order, Nov. 15, 2016, ECF No. 227, at 1.)
Thereafter, the parties submitted simultaneous Proposed
Findings of Fact and Conclusions of Law (Pls.' Proposed
FF&CL, Jan. 30, 2017, ECF No. 232; Def.'s Proposed
FF&CL, Jan. 30, 2017, ECF No. 233) and simultaneous
responses to the opposing party's Proposed Findings of
Fact and Conclusions of Law. (Pls.' Response to
Def.'s Proposed FF&CL, March 10, 2017, ECF No. 239;
Def.'s Response to Pls.' Proposed FF&CL, March
10, 2017, ECF No. 239.)
On July
20, 2017, the Court held oral argument. Prior to the hearing,
the Court posed specific questions and ordered the District
to produce some updated information regarding evidence that
had been admitted at trial. (Notice to Counsel, July 12,
2017, ECF No. 248; see Def.'s Response to Order
of the Court, July 24, 2017, ECF No. 252.)[7] The first
question related to causation:
How should the Court analyze the argument that factors beyond
the District's control resulted in the plaintiffs'
unjustified segregation?
i. Under ADA and/or Rehabilitation Act case law;
ii. As a question of commonality under Rule 23(a);
iii. As an issue of redressability; or
iv. As a matter of the third Olmstead
factor-"the placement can be reasonably accommodated,
taking into account the resources available to the State and
the needs of others with mental disabilities." 527 U.S.
581, 587 (1999).
(Notice to Counsel at 1.) The parties could not agree on a
governing legal standard, nor could they cite any relevant
case law involving an Olmstead class action.
District stated that "[t]he standard is whether the
District is administering its Medicaid program in the least
restrictive setting appropriate when considering the
state's resources." (Hrg. Tr., July 20, 2016, at
6:8-15.) The District further argued that, without plaintiffs
having identified a "uniform policy or practice,
" plaintiffs' claims should fail. (See id.
at 8:12-20.) In response, plaintiffs argued that the
causation standard is "substantial factor, "
i.e., plaintiffs must prove that the District's
deficient policy or practice with respect to transition
services was a substantial factor in causing the class
members' segregation. (Id. at 23:15-25)
Plaintiffs stated that the "substantial factor"
causation standard "is in the Department of
Justice's guidance on how to implement the integration
mandates." (Id.; see Pls.'
Opp'n to Def.'s Motion for Judgment as a Matter of
Law at 5, Oct. 28, 2016, ECF No. 225.)[8]
addition to grappling with identifying the appropriate legal
standard for analyzing causation, the Court has, since the
inception of this case, expressed its concern about the
existence of barriers beyond the District's control that
have resulted in the class members' inability to move out
of nursing facilities. The gravamen of the District's
position has consistently been that the lack of available,
affordable, and accessible housing is the real reason that
class members have not been able to move out of nursing
facilities to receive long-term care in the community.
Plaintiffs, for their part, have maintained that housing is
not a barrier, nor is it the cause of class members'
institutionalization. Both parties, however, agree that the
supply of public and subsidized housing is under the control
of the D.C. Housing Authority ("DCHA"), which is
an independent authority not subject to the control of the
At the
very first Status Conference, the Court asked plaintiffs
where the putative class members would live if they received
long-term care outside of a nursing facility. Plaintiffs
represented that the supply of accessible, affordable housing
was not an issue, but that class members needed assistance
securing the required documents to apply for housing.
(See 4/29/2011 Status Conf. Tr. at 5:16-21
("[A]s an initial matter, people would obviously have
to have homes to live in. . . . [T]he good news . . . is that
there are hundreds of wheelchair accessible units available
in the District of Columbia now."); id. at
7:17-20 ("People have to apply for the units and go
through the application process, but they need assistance as
part of that process to reestablish documentation, their
further represented that housing was not a barrier for many
of the putative class members. According to plaintiffs, many
class members "have houses already. They have
apartments. They have homes, they have families. But what
their families don't have is the capacity to provide the
home care necessary to support them, and they don't have
capacity to help to make physical accommodations to their
houses so that people can be wheeled in." (Id.
at 17:5-11.)
At the
January 7, 2013 hearing, the Court pointed out that it had no
power to order the District to create new housing, even if
that is what would solve class members'
institutionalization. Plaintiffs responded that they were not
asking the District "to provide the housing."
(1/7/2013 Hrg. Tr. at 16:1.) Rather, plaintiffs maintained
that "there are housing resources in the District of
Columbia that people with disabilities who are Medicaid
recipients can access. But they can't do it from where
they sit in a nursing home." (Id. at 16:2-5.)
Rather than a lack of housing, plaintiffs argued that class
members remained in nursing facilities because they were
unable to "[g]et their driver's license, fill out
the applications, get on the wait list, all the things that
are barriers that are keeping our class members unnecessarily
segregated." (Id. at 63:8-11.)
At the
December 11, 2013 hearing, the Court again brought up the
causation issue that had been looming from the outset of the
litigation. The Court reasoned that it would have to resolve
this as a factual issue. (See Hrg. Tr., Dec. 11,
2013, at 3:7-14.) Plaintiffs again maintained that the lack
of transition services, not housing, was the problem:
[Plaintiffs are] not asking DC to provide the housing through
this lawsuit, but there are available housing vouchers and
there are accessible housing units in the District of
Columbia. In order to make that application, you need
identification documents, you need the application, you need
to fill out the application, you need to track the
application that's been filled out proper. Which is what
a lot of our plaintiffs are doing.
(Id. at 13:24-14:7.)
Court also reminded plaintiffs that they have the burden to
demonstrate that any injunction would solve class
members' institutionalization. The Court noted that it
"would have to find by [a] preponderance of the
evidence [that plaintiffs] have shown that the absence of
transition services means the person is stuck, not the
inability to have a house, [a] place to live [in]."
(Id. at 46:25-47:3.) The Court asked plaintiffs,
"[h]ow are you going to prove at trial that if we beef
up the services that you're actually going to succeed in
getting people out. You have to prove causation. And that
gets down to the old housing problem." (Id. at
responded that expert testimony is "how we would prove
a big part of that case. Because this is not rocket
science." (Id. at 33:15-17.) Using
then-named-plaintiff Jacqualyn Thorpe as an example,
plaintiffs doubled down on their argument that housing
presented no insurmountable barrier to class members:
"The fact is, you know, if people were assisting Miss
Thorpe and other people to secure the necessary documents,
applications, different things to get housing, Miss Thorpe,
you know, could get housing." (Id. at
explained above, the trial focused on the current state of
the District's efforts to comply with
Olmstead's integration mandate, [9] and whether there
were specific, concrete deficiencies in the District's
transition services that "represent[ed] the sort of
systemic failure that . . . constitute[d] a policy or
practice affecting all members of the class in the manner
Wal- Mart requires for certification.
In re District of Columbia, 792 F.3d at 100 (citing
DL I, 713 F.3d at 126, 128).
offered testimony from the following named plaintiffs, former
named plaintiffs, and two class members, either live, by
deposition, or through a guardian:
Jacqualyn Thorpe
1. On
September 13, 2016, plaintiffs read excerpts of Jacqualyn
Thorpe's March 7, 2013 deposition. The District read
counter-designations of Ms. Thorpe's deposition in the
afternoon of November 9, 2016, and plaintiffs read additional
designations in response to the District's
counter-designations on the same day.
2. Ms.
Thorpe, who was formerly a named plaintiff, is now deceased.
(Joint Pretrial Statement, Appendix B, at 3.)[10] Ms. Thorpe
was a Medicaid recipient. (Trial Tr., Sept. 13, 2016, a.m.,
at 15:24-16:1.) Ms. Thorpe was physically disabled and needed
a wheelchair. (Id. at 16:9-22.) She needed
assistance getting in and out of the wheelchair to get into
bed, cooking, and getting in and out of the bathtub.
(Id. at 16:23-17:22.) However, Ms. Thorpe did not
need assistance using a phone or filling out paperwork.
(Id. at 19:9-20.)
3. As
of March 2013, Ms. Thorpe resided at Deanwood Rehabilitation
Center in Washington, D.C. (Id. at 14:2-3.) At the
time of her March 2013 deposition, Ms. Thorpe had resided in
that nursing facility for approximately five years.
(Id. at 15:5-6.) Ms. Thorpe wanted to move out of
the nursing facility into the community. (Id. at
Prior to moving to the nursing facility, Ms. Thorpe lived
with her sister in the community. (Id. at 15:13-15.)
She moved to the nursing facility because of a worsening
medical condition that impaired her mobility. (Id.
at 15:18-23.) Ms. Thorpe believed that she would eventually
return to live with her sister, but her sister died.
(Id. at 29:10-12.)
Although Ms. Thorpe wanted to move out of the nursing
facility, she agreed that the "lack of an identified
place to move is the prior reason why [she was] still in the
nursing home." (Trial Tr., Nov. 9, 2016, a.m., at
17:19-22.) She did not know where she would move to. (Trial
Tr., Sept. 13, 2016, a.m., at 25:14-17.) She had not visited
any housing options, and she was not aware of what housing
was available. (Id. at 27:21, 28:3-5.)
6. Ms.
Thorpe spoke to her social worker about moving to the
community. (Id. at 28:7-12.) She did not ask for
information on housing, because she was initially planning on
moving back in with her sister. (Trial Tr., Nov. 9, 2016,
a.m., at 11:6-12.) Ms. Thorpe knew of one or two meetings
about community-based options held at her nursing facility.
(Trial Tr., Sept. 13, 2016, a.m., at 30:25-31:12.) Ms. Thorpe
spoke to another nursing-facility staff member about applying
for public housing and submitted her application.
(Id. at 31:13-32:22.) She also spoke with a
transition coordinator from the District's Money Follows
the Person ("MFP") grant program, who had
apparently been notified by Ms. Thorpe's social worker
that she wanted to move to community care. (Id. at
Larry McDonald
Larry McDonald testified live on September 13, 2016.
"As of July 25, 2016, Plaintiff Larry McDonald had at
least one physical disability and required assistance with at
least two activities of daily living." (Joint Pretrial
Statement, Appendix A, Stipulated Facts ¶ 18
("Stipulated Facts").) At the time of trial, Mr.
McDonald had been living in a District nursing facility for
approximately 12 years, since September 2004. (Trial Tr.,
Sept. 13, 2016, a.m., at 39:7-16.)
8. Mr.
McDonald does not have housing in the community.
(Id. at 65:24-67:18.) His nephew had a private
family home, but he would not allow Mr. McDonald to move in
with him because of Mr. McDonald's drug history.
(Id. at 67:4-5; Trial Tr., Oct. 7, 2016, p.m., at
29:12- 20 (Newland).)
9. As
of the time of trial, Mr. McDonald was in contact with social
workers at the nursing home and employees of the District,
who were "working on papers" for him to
transition to the community. (Trial Tr., Sept. 13, 2016,
a.m., at 56:2-58:12.)
Lavondia Carter
Excerpts of Lavondia Carter's April 23, 2013 deposition
were read into the record on September 13, 2016. On November
15, 2016, the District read counter-designations of Ms.
Carter's deposition, and on the same day, plaintiffs read
additional designations in rebuttal to the District's
11. Ms.
Carter, formerly a named plaintiff, is now deceased. (Notice
of Death, May 28, 2013, ECF No. 105.) At the time of her
deposition, Ms. Carter was living in a District nursing
facility. (Trial Tr., Sept. 13, 2016, a.m., at 71:9-11.) She
had been living there since April 2011. (Id. at
71:12-16.) Ms. Carter died on May 20, 2013. (Notice of Death
at 1.)
12. Ms.
Carter did not have housing in the community when she was
seeking to transition to community-based care. (Trial Tr.,
Sept. 13, 2016, a.m., at 76:21-24.) She previously lived on
her own in the community. (Id. at 71:17-25.) She
wanted to live in the nursing facility during her recovery
from an illness. (Trial Tr., Nov. 15, 2016, p.m., at
59:16-24.) She gave up her apartment in July 2011, 3 months
after she moved to the nursing home, because she couldn't
pay her rent. (Trial Tr., Sept. 13, 2016, a.m., at 75:1-10.)
In addition to an apartment, she needed a home health aide.
(Id. at 76:24-25.) She did not actively try to move
out of the nursing home at first; instead she "just
waited around to see if [she] could find another
residence." (Trial Tr., Nov. 15, 2016, p.m., at
61:8-15.) At first, there were no openings at her former
residence so she "just left it alone."
(Id. at 61:22-62:1.) She testified that she would
need a wheelchair accessible apartment. (Id. at
62:9-18.) Nevertheless, she temporarily moved back into her
former residence, which was not wheelchair accessible.
(Id. at 62:9-18.)[12]
13. Ms. Carter worked with the District to move out of the
nursing home. (Trial Tr., Sept. 13. 2016, a.m., at 78:14-17.)
She was a winner of the 2013 MFP lottery. (Id. at
77:16-24.) She was told to have her mother go look at
potential apartments for her or to use Metro Access to see
the apartments herself. (Id. at 79:3-10.) Ms. Carter
did not want to use Metro Access because she would have to
"wait so long just to get back." (Id. at
Orit Simhoni
Orit Simhoni testified on September 13, 2016. She is a
court-appointed guardian, occupational therapist, and
District case worker for the EPD waiver. (Id. at
81:11-18.) As a legal guardian, she is an advocate on ...
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Truform 20/30 Panty Hose
Truform 30/40 Stocking
Truform Anti-Embolism Knee High Closed Toe
Truform Knee High - Soft Top Closed Toe
Truform Knee High - Soft Top Open Toe
Truform Pantyhose Full Figure
Truform Thigh High Silicone Dot Stay-Up Closed Toe
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Compression Therapy
Designed to help relieve the more pronounced conditions associated with poor circulation. Truform medical stockings feature classic styling and a smooth opaque fabric that helps conceal unsightly conditions. The closed toe offers a more natural stocking feel. Color options are basic neutrals for all-occasion wear. For men and women.
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