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Parton v. Smoky Mountain Knife Works, Incorporated et al - Document 12
Court Description:
MEMORANDUM AND OPINION as set forth in following order.Signed by District Judge Thomas A Varlan on 9/12/11. (ABF)
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE JENNIFER LYNN PARTON, ) ) Plaintiff, ) ) v. ) ) SMOKY MOUNTAIN KNIFE WORKS, INC. ) and CHASE PIPES, individually, ) ) Defendants. ) No.: 3:10-CV-436 (VARLAN/GUYTON) MEMORANDUM OPINION Invoking Title VII of the Civil Rights Act of 1964 and supplemental jurisdiction, plaintiff Jennifer Lynn Parton filed the present civil action against defendants Smoky Mountain Knife Works, Inc. ("SMKW") and Chase Pipes ("Pipes") (together, "defendants"), alleging quid pro quo sexual harassment and retaliation as well as outrageous conduct [Doc. 1]. Defendants filed a motion to dismiss for failure to state a claim [Doc. 4]. After no response from plaintiff, defendants filed a motion to grant defendants' motion to dismiss [Doc. 7]. Shortly thereafter, plaintiff filed a motion to amend the complaint and defendants filed a response in opposition [Docs. 8, 9]. The Court has carefully considered the parties' motions and supporting materials [Docs. 1, 4, 5, 7, 8, 9] in light of controlling law. For the reasons set forth herein, the Court will grant in part and deny in part defendants' motion to dismiss [Doc. 4], deny as moot defendants' motion to dismiss for plaintiff's failure to respond [Doc. 7], and grant in part and deny in part plaintiff's motion to amend the complaint [Doc. 8].1 I. Background and Relevant Facts2 Plaintiff alleges she worked for SMKW for fifteen years before she was sexually assaulted by Pipes, who is a shareholder and son of the founder of SMKW and has been employed by SMKW in various capacities [Doc. 1 ¶¶ 6–7]. Plaintiff and Pipes allegedly shared an office at SMKW, and in June 2008, Pipes began placing personal letters to plaintiff on her desk, which disclosed his attestations of amorous intent [Id. at ¶ 8]. After receiving the letters, plaintiff informed her direct supervisor, Doug Stone ("Stone"), about the letters in accordance with company policy. Stone advised plaintiff "that it would be unwise to show the letters to the owner of the company" and implied that "providing evidence against the owner's son would place her job in jeopardy" [Id. at ¶ 9]. Plaintiff asserts that Pipes's unsolicited affection continued. According to plaintiff, Pipes openly began fantasizing to plaintiff about getting a divorce in order to start a relationship with her, but plaintiff advised Pipes that she was happily married and her relationship with Pipes was strictly professional [Doc. 1 ¶ 11]. Around the same time, plaintiff began fertility treatments to conceive a child with her husband, but this allegedly 1 Plaintiff requested oral argument with respect to her motion to amend. This Court considers requests for oral argument on a case-by-case basis. After reviewing the pending motions, the Court finds that oral argument is not necessary. 2 Because defendants have moved to dismiss for failure to state a claim, all facts and inferences to be drawn therefrom must be construed in plaintiff's favor. So construed, the relevant facts are taken from the allegations in plaintiff's complaint. 2 agitated Pipes and renewed his interest in wooing plaintiff. He indicated that if she would leave her husband he would provide her with a "better life" [Id. at ¶ 12–14]. In August 2008, Pipes allegedly demanded that plaintiff meet him outside of work to discuss his amorous intentions, but plaintiff refused and advised him that it would be inappropriate because she was a newlywed and it would create undue strain on their working relationship [Id. at ¶¶ 16–17]. Pipes responded by informing plaintiff that his father would be retiring soon and if she would begin a relationship with him and bear his child instead of her husband's child, he could provide her with all the security she would ever need. He insisted that "once his father retired, no one knew what would happen to her" [Id. at ¶¶ 18–19]. Plaintiff's refusal did not thwart Pipes's affection, and at the end of August 2008, Pipes allegedly approached plaintiff again about starting a romantic relationship, presenting her with a Kindle and another love letter [Id. at ¶ 20]. Plaintiff told Pipes that she could no longer work with him and informed Stone of the incidents that took place [Id. at ¶¶ 21–22]. Stone advised her that he would speak with Pipes about his actions [Id. at ¶ 22]. The following day, plaintiff asserts she received a call from Pipes while she was at work. She later learned Pipes called her while he was in line at Wal-Mart, in close proximity to plaintiff's husband, with the intent to taunt her husband about the possibility of an adulterous liaison [Id. at ¶¶ 23–24]. The following day, plaintiff again reported the incident to Stone, who then took plaintiff to the company CFO. As a result, Pipes was required to vacate their shared office and apologize [Id. at ¶¶ 25–26]. 3 A few weeks later, plaintiff received a text message from Pipes's wife with the word "HOMEWRECKER!" in its body. The following day, plaintiff showed the text message to Stone and informed him that Pipes's behavior had to stop [Id. at ¶¶ 28–29]. Afterwards, Pipes allegedly called plaintiff to apologize and requested that she remove the write-up from his file. She advised him that he should not contact her and she would not remove the write-up from his file [Id. at ¶ 30]. In the same conversation, Pipes allegedly told plaintiff that "the company was losing money and that people were going to be laid off, and he was not sure her job was safe since she was no longer his friend" [Id. at ¶ 31 (quotation marks omitted)]. Plaintiff perceived this as a threat to her employment [Id.]. Plaintiff asserts Pipes began a campaign to pressure her to allow him to share her office and repeatedly requested that she drop her complaint against him, assuring that, if she did drop the complaint, things would return to normal. Pipes also would inquire into plaintiff's attempts to conceive with her husband [Id. at ¶¶ 32–33]. Plaintiff told Pipes that she was happily married and asked if her continued employment depended upon her not conceiving with her husband, to which Pipes allegedly responded, "no one is safe anymore" [Id. at ¶ 34]. Plaintiff claims she again informed her supervisor of Pipes's behavior. Subsequently, Pipes stopped his harassing behavior and offered the use of his father's farm to stable plaintiff's horses for the winter free of charge [Id. at ¶¶ 35–36]. On November 14, 2008, Pipes allegedly called plaintiff at work to discuss the use of his father's farm, but she initially refused his offer. In response, Pipes advised her that job cuts at SMKW would occur in January. Plaintiff asserts she asked if he was threatening her job if she did not 4 accept his demands, but he said he was not and just wanted to help her with her horses [Id. at ¶¶ 38–42]. Allegedly, he again warned her that employees were being fired, specifically a particular female employee who refused to cooperate, which plaintiff understood as a threat to her employment [Id. at ¶ 43]. The conversation returned to the use of the farm; plaintiff wanted something in writing before she allowed her horses to stay at his father's farm. Pipes offered to take her to the manager of the farm, Martez, and she agreed because she personally knew Martez [Id. at ¶¶ 46–47]. Plaintiff arrived at the farm and stood at the front door to meet with Martez. She heard Pipes yell that she should come inside and look at his son's room. Allegedly, as soon as plaintiff walked in the house, Pipes grabbed her from behind and bound her arms with a cloth or rope [Id. at ¶¶ 48–49]. Plaintiff protested and asked him to refrain, but Pipes dragged her to his bedroom and forcibly began to kiss her neck. She fought back by biting him. To subdue plaintiff, Pipes grabbed a shirt and placed it over her face. Allegedly, Pipes then forcibly pulled down plaintiff's pants and raped her without wearing a condom [Id. at ¶¶ 50–52]. Plaintiff then replaced her clothes and left the building. Pipes asked her if she wanted to see the pasture, but she replied that he was crazy after what he had done to her and she was going to be sick. Pipes said he knew of another woman that could do her job and he had mentioned this to his father. He further stated that "times are tough, so it depends on who needs the job worse" [Id. at ¶¶ 54–55]. 5 Plaintiff returned to work and immediately called her physician, who advised her to go to the Emergency Room. Plaintiff went to the Knoxville Rape Center where a rape kit was performed [Id. at ¶¶ 56–57]. She did not return to work because she was afraid she would be forced to work with her attacker. Subsequently, her supervisor, without knowing of the attack, later claimed that she voluntarily quit as a grounds for denying her unemployment claim [Id. at ¶¶ 58–59]. After the attack, plaintiff claims that SMKW began a smear campaign against her in order to silence her complaint and prevent her from receiving suitable employment. As a result of the incident on November 14, 2008, plaintiff's marriage broke down [Id. at ¶¶ 61–63]. Plaintiff was diagnosed with Post-Traumatic Stress Disorder by two separate physicians, for which she continues to seek medical treatment [Id. at ¶ 60]. On April 12, 2009, plaintiff filed a charge of discrimination with the Tennessee Human Rights Commission ("THRC") and with the Equal Opportunity Commission ("EEOC") [Doc. 4-1]. Plaintiff was issued a right to sue letter by the EEOC on July 16, 2010 [Doc. 1-1]. On October 13, 2010, plaintiff commenced this action alleging claims of quid pro quo sexual harassment, retaliation, and outrageous conduct [Doc. 1]. Defendants responded with a Rule 12(b)(6) motion to dismiss for failure to state a claim [Docs. 4, 5]. After no response from plaintiff, defendants filed a motion to grant defendants' motion to dismiss due to plaintiff's failure to respond [Doc. 7]. Shortly thereafter, Plaintiff filed a motion to amend the complaint and defendants filed a response in opposition [Docs. 8, 9]. 6 II. Standards of Review A. Federal Rule of Civil Procedure 12(b)(6) A party may move to dismiss for failure to state a claim pursuant to Federal Rule of Civil Procedure Rule 12(b)(6). In order to survive a Rule 12(b)(6) motion, a complaint must contain allegations supporting all material elements of the claims. Bishop v. Lucent Techs., Inc., 520 F.3d 516, 519 (6th Cir. 2008). To satisfy this standard, a plaintiff need only offer "'a short and plain statement of the claim showing that the pleader is entitled to relief,' in order to 'give the [opposing party] fair notice of what the . . . claim is and the grounds upon which it rests.'" Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007) (quoting Conley v. Gibson, 355 U.S. 41, 47 (1957)). In determining whether to grant a motion to dismiss, all well-pleaded allegations must be taken as true and must be construed most favorably toward the non-movant. Trzebuckowski v. City of Cleveland, 319 F.3d 853, 855 (6th Cir. 2003). Detailed factual allegations are not required, but a party's "obligation to provide the 'grounds' of his 'entitle[ment] to relief' requires more than labels and conclusions." Twombly, 550 U.S. at 555. A formulaic recitation of the elements of a cause of action will not do, neither will "'naked assertion[s]'devoid of 'further factual enhancement[,]'" nor an unadorned, the-defendant-unlawfully harmed-me accusation. Ashcroft v. Iqbal, 129 S. Ct. 1937, 1949 (2009) (quoting Twombly, 550 U.S. at 555, 557). B. Federal Rule of Civil Procedure 15 The Federal Rules of Civil Procedure provide that a plaintiff may amend the complaint once as a matter of course within twenty-one days after serving it, or twenty-one 7 days after service of a responsive pleading or service of a motion under Rule 12(b), (e), or (f), whichever is earlier. Fed. R. Civ. P. 15(a)(1). In all other cases, a plaintiff may amend only with the opposing party's consent or the Court's leave. Fed. R. Civ. P. 15(a)(2).3 Under Rule 15(a)(2) a "court should freely give leave [to amend] when justice so requires." The Court, however, must balance the harm to the moving party if he or she is not permitted to amend against the prejudice caused to the other party if leave to amend is granted. Foman v. Davis, 371 U.S. 178, 182 (1962). "[A] motion to amend a complaint should be denied if the amendment is brought in bad faith, for dilatory purposes, results in undue delay or prejudice to the opposing party, or would be futile." Crawford v. Roane, 53 F.3d 750, 753 (6th Cir. 1995) (citations omitted); see also Marx v. Centran Corp., 747 F.2d 1536, 1550 (6th Cir. 1984); Courie v. Alcoa Wheel & Forged Prods., 577 F.3d 625, 633 (6th Cir. 2009). "Amendment of a complaint is futile when the proposed amendment would not permit the complaint to survive a motion to dismiss." Miller v. Calhoun Cnty., 408 F.3d 803, 807 (6th Cir. 2005) (citing Neighborhood Dev. Corp. v. Advisory Council on Historic Pres., 632 F.2d 21, 23 (6th Cir. 1980)). III. Defendants' Motion to Dismiss As a general matter, defendants move to dismiss plaintiff's claims "because the claims are either not cognizable as stated or are time-barred" [Doc. 5]. 3 Rule 15(a)(2) governs here. Plaintiff filed her complaint on October 13, 2010, and defendants filed a motion to dismiss pursuant to Rule 12(b)(6) on December 10, 2010. Plaintiff did not file the motion to amend until January 31, 2010, which is more than twenty-one days after defendants filed their motion to dismiss. 8 A. Outrageous Conduct Claim Plaintiff claims that Pipes's conduct was willful, intentional, and reckless in nature and so outrageous that it should not be tolerated by a civilized society [Doc. 1 ¶¶ 76–78]. Further, plaintiff claims that SMKW, both during and after the alleged rape, engaged in conduct that was irresponsible and reckless in nature, and failed to terminate Pipes and fostered a sexually charged atmosphere [Id. at ¶¶ 77, 79]. Plaintiff alleges to have suffered irreparable physical, mental, and social harm [Id. at ¶ 80]. Defendants assert that the complaint fails to state a claim for outrageous conduct because the state-law action is barred by the statute of limitations. According to Tennessee law, a claim of outrageous conduct is equivalent to a claim for intentional infliction of emotional distress. Bain v. Wells, 936 S.W.2d 618, 622 n.3 (Tenn. 1997) (citing Moorhead v. J.C. Penny Co., Inc., 555 S.W.2d 713, 717 (Tenn. 1977)). Claims of intentional infliction of emotional distress fall within the one-year statute of limitations. See Leach v. Taylor, 124 S.W.3d 87, 91 (Tenn. 2003) (citing Tenn. Code Ann. § 28-3-104 (2000)). Thus, the relevant statute of limitations here is one year. With respect to Pipes, plaintiff alleges Pipes sexually assaulted her on November 14, 2008, and that she never returned to work after that date. The complaint was filed on October 13, 2010, which is almost to two years after the alleged sexual assault. Thus, assuming the cause of action against Pipes accrued on November 14, 2008, which is the most recent date of any alleged misconduct of Pipes, the claim is barred. See Barrett v. Whirlpool Corp., 704 F. Supp. 2d 746, 753–54 (M.D. Tenn. 2010) (indicating that a cause of action for 9 outrageous conduct accrues when the last allegedly harassing act occurred). Because the Court finds that plaintiff's proposed amended complaint remedies this defect and is not futile as discussed infra, however, the claim will not be dismissed. With respect to SMKW, plaintiff alleges that SMKW and its employees "began a smear campaign against [plaintiff] defaming her in the community to silence her complaint and to prevent her from gaining suitable employment" [Doc. 1 ¶ 61]. The Sixth Circuit has stated that a motion to dismiss on statute of limitations grounds "should be granted when the statement of the claim affirmatively shows that the plaintiff can prove no set of facts that would entitle him to relief." New Eng. Health Care Emps. Pension Fund v. Ernst & Young, LLP, 336 F.3d 495, 501 (6th Cir. 2003) (citations and quotations omitted), abrogated on other grounds by Merck & Co. v. Reynolds, 130 S. Ct. 1784 (2010). "What that means in the statute of limitations context is that dismissal is appropriate only if a complaint clearly shows that the claim is out of time." Searcy v. Cnty. of Oakland, 735 F. Supp. 2d 759, 763 (E.D. Mich. 2010) (citation omitted). In construing the complaint most favorably toward the non-moving party, the Court finds that although plaintiff pleads no particular time period for the "smear campaign," she alleges it was after "her attack and constructive discharge from SMKW" [Doc. 1 ¶ 61]. Thus, it is feasible that the actions of the alleged campaign accrued during the one-year statute of limitations period. Further, defendants have failed to demonstrate that the complaint clearly shows that any outrageous conduct claim against SMKW is out of time. Defendants also argue that the complaint's allegations of outrageous conduct against SMKW are vague and 10 conclusory and insufficient to state a claim [See Doc. 5]. In order to state a claim for outrageous conduct, a plaintiff must demonstrate that: "(1) the conduct complained of was intentional or reckless; (2) the conduct was so outrageous that it is not tolerated by civilized society; and (3) the conduct complained of resulted in serious mental injury." Bain, 936 S.W.2d at 622 (citations omitted). Liability exists "only where the conduct has been so outrageous in character, and so extreme in degree, as to go beyond all bounds of decency, and to be regarded as atrocious and utterly intolerable in a civilized community." Id. at 623 (citations omitted). A successful case will be "one in which the recitation of the facts to an average member of the community would arouse his resentment against the actor, and lead him to exclaim, 'Outrageous!'." Id. (citations omitted). Defendants do not address the elements necessary to state a claim of outrageous conduct; they merely recite the standard enunciated by the Supreme Court in Twombly and Iqbal and submit that plaintiff's allegations are "cursory" [Doc. 5]. A review of the complaint, however, demonstrates that plaintiff has pleaded sufficient facts pertaining to each element required to state a claim for outrageous conduct. First, plaintiff pleads that SMKW's conduct was reckless [See Doc. 1 ¶ 77 ("The conduct of SMKW during and after the events resulting in the plaintiff's forcible rape by her co-worker were irresponsible and reckless in nature.")]. Second, with respect to outrageous conduct, the Court notes that the Tennessee Supreme Court has recognized that the requirement "is a high standard which has consistently been regarded as a significant limitation on recovery." Doe 1 ex rel. Doe v. 11 Roman Catholic Diocese, 154 S.W.3d 22, 39 (Tenn. 2005). Despite this high standard, the Court finds plaintiff alleges sufficient facts to withstand the motion to dismiss. Plaintiff alleges that SMKW began a smear campaign against her, defaming her in the community and preventing her from gaining employment. Third, with respect to the requirement that the outrageous conduct result in "serious mental injury," the Court notes that serious mental injury is that in which "'the distress is so severe that no reasonable [person] could be expected to endure it.'" Levy v. Franks, 159 S.W.3d 66, 85 (Tenn. Ct. App. 2004). Plaintiff alleges that she has suffered mental harm and specifically alleges that she has been diagnosed with Post-Traumatic Stress Disorder by two physicians, for which she continues to seek medical attention. The Court therefore finds plaintiff's allegations sufficient. In sum, and because of the Court's findings with respect to plaintiff's motion to amend, the Court finds that plaintiff's outrageous conduct claim should not be dismissed. B. Retaliation Claim Plaintiff's claim for retaliation asserts that defendants mislead the community about the alleged rape of plaintiff [Doc. 1 ¶ 70]. Further, plaintiff alleges that defendants, deliberately and with malicious intent, "sought to sway public opinion against the plaintiff to undermine her legal and rightful claims against them" [Id. at ¶ 72]. She claims that, as a result of their actions, she could not retain her employment with SMKW nor obtain gainful employment in the local community [Id. at ¶¶ 73–74]. 12 Defendants make numerous arguments as to why plaintiff's claim of retaliation should be dismissed. They assert: (1) plaintiff failed to exhaust her administrative remedies, (2) individuals are not liable under Title VII, and (3) Tennessee's one-year statute of limitations bars any state-law claim for retaliation.4 1. Failure to Exhaust Administrative Remedies Defendants submit that it "is well settled that federal courts do not have subject matter jurisdiction to hear Title VII claims unless the claimant explicitly files the claim in an EEOC charge or the claim can be reasonably expected to grow out of the EEOC charge" [Doc. 5 (emphasis omitted)]. They further submit that plaintiff bases her retaliation claim on conduct occurring before she filed her initial charge with the THRC, which was subsequently cross-filed with the EEOC,5 but she failed to include any allegation or facts demonstrating 4 While the complaint is unclear as to whether plaintiff asserts a claim for retaliation under the Tennessee Human Rights Act ("THRA") in addition to Title VII, the Court construes the complaint as asserting a claim for retaliation under both laws because plaintiff filed her charge of discrimination with the THRC and because defendants treat the complaint as asserting a claim for retaliation under the THRA. 5 The charge of discrimination was not filed with the complaint, but the charge of discrimination is attached as an exhibit to defendants' motion to dismiss [Doc. 4-1]. Even if the exhibit is considered outside the pleadings, it does not convert the motion to dismiss into a motion for summary judgment: "[T]he Sixth Circuit has made clear that, although the usual rule is that matters outside the pleadings may not be considered in ruling on a motion to dismiss without converting it into a motion for summary judgment, there are exceptions. Courts may consider . . . public records, matters of which a court may take judicial notice, and letter decisions of governmental agencies." Trimble v. I.Q. Group, No. 1:10-CV-26, 2010 WL 3851398, at *1 (E.D. Tenn. Sept. 27, 2010) (citing J.P. Silverton Indus. L. P. v. Sohm, 243 F. App'x. 82, 86–87 (6th Cir. 2007) (considering letters from EEOC on motion to dismiss). Therefore, the Court will treat the motion presently before it as one to dismiss without converting the motion to one for summary judgment. 13 retaliation by SMKW in the charge [Id.]. Thus, defendants claim plaintiff has failed to exhaust her administrative remedies and that the claim for retaliation must be dismissed. "It is well-settled that before a person who claims to have been discriminated against in violation of Title VII may seek relief in federal court, the claimant must first unsuccessfully present his or her claim to the EEOC (or the equivalent state entity that has authority to grant or seek relief with respect to the alleged unlawful practice.)[.]" Wrobbel v. Int'l Broth. of Elec Workers, Local 17, 638 F. Supp. 2d 780, 790 (E.D. Mich. 2009) (citations omitted). The Sixth Circuit has explained the reason for requiring exhaustion of administrative remedies: "The requirement that the plaintiff exhaust administrative remedies prior to instituting suit is intended to ensure that the [Equal Employment Opportunity] Commission will have been afforded an opportunity to attempt conciliation and voluntary settlement, 'the preferred means for resolving employment discrimination disputes.'" Parsons v. Yellow Freight Sys., Inc., 741 F.2d 871, 873 (6th Cir. 1984) (alteration in original and citation omitted). As defendants indicate, the exhaustion requirement "requires that a plaintiff's Title VII complaint be limited to the scope of the EEOC charge or can reasonably be expected to grow out of that charge." Wrobbel, 368 F. Supp. 2d at 790 (citations omitted); see also Spengler v. Worthington Cyclinders, 615 F.3d 481, 490 (6th Cir. 2010) (citation omitted) (addressing an Age Discrimination in Employment Act claim). Although the Sixth Circuit characterized this requirement as "jurisdictional" in the past, see Strouss v. Mich. Dep't of Corr., 250 F.3d 336, 342 (6th Cir. 2001), at least two panels of the Sixth Circuit more 14 recently, in light of Arbaugh v. Y & H Corp., 546 U.S. 500 (2006), have stated that the failure to include a claim in an EEOC charge is not jurisdictional. See Hill v. Nicholson, 383 F. App'x 503, 508 (6th Cir. 2010); Allen v. Highlands Hosp. Corp., 545 F.3d 387, 401–02 (6th Cir. 2008). Therefore, any argument that the Court lacks jurisdiction must fail. The Court, nevertheless, considers whether plaintiff exhausted her administrative remedies with respect to her claim for retaliation, a prerequisite to filing a lawsuit alleging discrimination under Title VII of the Civil Rights Act of 1964. See Randolph v. Ohio Dep't of Youth Servs., 453 F.3d 724, 732 (6th Cir. 2006) (citation omitted). Although claims for retaliation are often exempt from the exhaustion requirement because they arise after a charge of discrimination is filed, retaliation claims based upon conduct occurring before a charge is filed must be included in the charge. Spengler, 615 F.3d at 490 (citation omitted). The exhaustion requirement is not "overly rigid, nor should it 'result in the restriction of subsequent complaints based upon procedural technicalities or the failure of the charges to contain the exact wording which might be required in a judicial proceeding.'" Randolph, 453 F.3d at 732 (citation omitted). Here, plaintiff checked the box on the charge of discrimination form indicating that retaliation was one of her claims [Doc. 4-1]. Further, in the area allotted to explain the discriminatory actions taken by the employer, plaintiff provided a summary, albeit brief, of the allegations set forth in the complaint and wrote: "I believe that I have been discriminated against based on my sex, female, and retaliation, all in violation of Title VII of the Civil Rights Act of 1964, as amended" [Id. (emphasis added)]. The Court therefore disagrees with 15 defendants' argument that plaintiff failed to exhaust her administrative remedies. Compare Blume v. Potter, 289 F. App'x 99, 103 (6th Cir. 2008) (finding the district court was correct to consider the merits of the plaintiff's disability-discrimination claim because he checked the box indicating that disability discrimination was one of his claims, described next to the disability box that his disability was being mentally-psychiatric, and stated in his affidavit that the defendant knew he was on medication that affected his reactions to confrontation and was seeing a doctor for depression), and Rhea v. Dollar Tree Stores, Inc., 395 F. Supp. 2d 696, 703–04 (W.D. Tenn. Feb. 2, 2005) (finding the plaintiffs exhausted their administrative remedies regarding their Title VII sex-stereotyping claim because, in the EEOC charge of discrimination forms, they checked that they were discriminated on the basis of sex), with Younis v. Pinnacle Airlines, Inc., 610 F.3d 359, 363 (6th Cir. 2010) (finding the plaintiff failed to exhaust his administrative remedies on his Title VII retaliation claim because he failed to check the box to indicate a charge of retaliation, did not indicate he was alleging retaliation, and there was nothing in the narrative that could have been interpreted as claiming retaliation). 2. Liability for Individuals under Title VII6 Defendants assert plaintiff cannot state a claim against Pipes for retaliation under Title VII because Title VII does not include liability for individuals [Doc. 5]. The Sixth Circuit has held that "an individual employee/supervisor, who does not otherwise qualify as an 6 The Court notes that defendants have not argued that there is no individual liability under the THRA. 16 'employer,' may not be held personally liable under Title VII." Wathen v. Gen. Elec. Co., 115 F.3d 400, 405 (6th Cir. 1997). Plaintiff has not filed a response or otherwise claimed that Pipes alone qualifies as an employer. Accordingly, the Court finds plaintiff's claim for retaliation against Pipes under Title VII cannot stand as a matter of law and will be dismissed. 3. State-Law Claims for Retaliation Defendants' final argument addresses any retaliation claim plaintiff may assert under Tennessee law. Defendants argue that, to the extent plaintiff's claims are for retaliation under state law, they are barred by the one-year statute of limitations. In Weber v. Moses, the Tennessee Supreme Court held the governing statute of limitations for a claim for retaliatory discharge is the general tort statute of limitations of one year. 938 S.W.2d 387, 393 (Tenn. 1986) (citing Tenn. Code Ann. § 28-3-104 (1980 Repl. And Supp. 1996)). Defendants correctly asserted that the statute of limitations for state law claims, including claims under the THRA, are not tolled during the filing process with the EEOC. Martin v. Boeing-Oak Ridge Co., 244 F. Supp. 2d 863, 872 (E.D. Tenn. 2002). In construing the complaint most favorably toward plaintiff, plaintiff asserts that, after her constructive discharge, Pipes and SMKW mislead the community about the alleged rape and sought to sway public opinion against plaintiff so that she could not retain her employment with SMKW nor obtain gainful employment in the local community. It is feasible, as discussed supra, that these actions accrued during the one-year statute of limitations period, and defendants have failed to persuade the Court that any state-law claim 17 for retaliation is clearly out of time. Accordingly, any state-law retaliation claim against Pipes and SMKW will not be dismissed. In sum, with respect to plaintiff's retaliation claim, the motion to dismiss will be granted as to plaintiff's Title VII claim against Pipes and denied in all other respects. C. Quid Pro Quo Sexual Harassment Claim7 Although the Supreme Court has indicated that "the terms quid pro quo and hostile work environment are helpful, perhaps, in making a rough demarcation between cases in which threats are carried out and those where they are not or are absent altogether, but beyond this are of limited utility," the Court observes that the Sixth Circuit continues to employ different tests for establishing quid pro quo and hostile work environment claims. Burlington Indus., Inc. v. Ellerth, 524 U.S. 742, 751 (1998); Sanford v. Main Street Baptist Church Manor, Inc., 327 F. App'x 587, 595, 596–97 (6th Cir. 2009) (stating the different elements required to establish a claim for hostile work environment sexual harassment and quid pro quo sexual harassment). Plaintiff expressly alleges a quid pro quo sexual harassment claim, and defendants argue only that plaintiff fails to state a claim for quid pro quo sexual harassment. Accordingly, the Court limits its analysis to whether plaintiff has stated a quid pro quo claim and does not address whether plaintiff has stated, or can state, a hostile work environment claim. 7 The Court notes defendants have not made separate arguments regarding quid pro quo claims under Title VII and the THRA. Even so, "[b]ecause the Tennessee legislature intended the THRA 'to be coextensive with federal law,' claims under the [statute] follow the same analysis as those under Title VII." Howington v. Quality Rest. Concepts, LLC, 298 F. App'x 436, 437 n.1 (6th Cir. 2008) (citation omitted). 18 Defendants argue that to succeed on a quid pro quo claim for sexual harassment, a plaintiff must demonstrate "that she was (1) subjected to unwelcome sexual harassment; (2) the harassment was based on her sex; (3) her refusal to submit to the unwelcome demands resulted in an adverse employment action; (4) and liability may be imposed to the employer" [Doc. 5 (citing Sanford, 327 F. App'x at 596–97]. They contend plaintiff's complaint fails to state facts sufficient to establish either the third or fourth element. More specifically, they argue that plaintiff was not subjected to an adverse employment action because constructive discharge is not an adverse employment action where it is not precipitated by some official action of the company. Further, defendants submit that Pipes's alleged acts were not official acts of SMKW and that Pipes was neither a supervisory employee who had authority over plaintiff, nor an agent of SMKW; rather, he was plaintiff's co-worker and liability therefore cannot be imposed upon SMKW. To satisfy the third element,8 plaintiff "must establish: (1) a tangible employment action or detriment; and (2) a causal relationship between the tangible employment action and [defendants'] alleged actions." Sanford, 327 F. App'x at 597 (citation omitted). "Tangible employment actions are significant changes in employment status, 'such as hiring, firing, failing to promote, reassignment with significantly different responsibilities, a change in benefits, or other factors unique to [her] particular situation.'" Id. (citation omitted). They 8 Courts use the terms "material adverse employment action" and "tangible job detriment" interchangeably. Sanford, 327 F. App'x at 596 n.4. 19 are "the means by which the supervisor brings the official power of the enterprise to bear on subordinates." Id. (citation and internal quotation marks omitted). The Supreme Court, in resolving "the disagreement among the Circuits on whether a constructive discharge brought about by supervisor harassment ranks as a tangible employment action and therefore precludes assertion of the affirmative defense articulated in Ellerth and [Faragher v. Boca Raton, 524 U.S. 775 (1998)]," has stated that a constructive discharge is not a "tangible employment action" in sexual harassment cases when the discharge is not precipitated by an official act of the company. Penn. State Police v. Suders, 542 U.S. 129, 140–41, 148–49 (2004) (holding the Faragher/Ellerth defense remains available to employers in constructive discharge cases "unless the plaintiff quit in reasonable response to an adverse action officially changing her employment status or situation"); see also Plautz v. Potter, 156 F. App'x 812, 819 (6th Cir. 2005) (stating that Suders held a "constructive discharge, while a potential liability-incurring employment action for the employer, is not a 'tangible employment action' in sexual harassment cases"). Plaintiff alleges her constructive discharge was precipitated by the alleged rape [Doc. 1 ¶ 58]. Although defendants reject the contention that Pipes was plaintiff's supervisor or an agent of SMKW, assuming he was given the complaint's allegations that Pipes had authority by virtue of being a son of the founder of SMKW, the alleged rape involved no official actions of SMKW. In Suders, the Supreme Court cited Reed v. MBNA Marketing Systems, Inc., 333 F.3d 27 (1st Cir. 2003), a case where the plaintiff claimed a constructive discharge based on her supervisor's repeated sexual comments and an incident where he 20 sexually assaulted her. Suders, 542 U.S. at 149–50. The supervisors's conduct, the Court stated, involved no official actions and was "exactly the kind of wholly unauthorized conduct for which the affirmative defense was designed." Id. at 50 (contrasting the case where a plaintiff is assigned to an extremely dangerous job to retaliate for spurned advances). Accordingly, the Court finds plaintiff fails to state a claim for quid pro quo sexual harassment because she has not claimed she suffered an adverse employment action. The quid pro quo sexual harassment claim will be dismissed. IV. Plaintiff's Motion to Amend the Complaint A. Plaintiff's Claims for Outrageous Conduct, Retaliation, and Quid Pro Quo Sexual Harassment Defendants argue the proposed complaint alleges nothing to remedy the defects of the original complaint and therefore would not survive a motion to dismiss for the reasons provided in their memorandum in support of their motion to dismiss [Doc. 9]. The Court has reviewed the proposed amended complaint and agrees with defendants that the only new factual allegations contained in the proposed amended complaint are the following: 10. Mr. Stone indicated that due to the owner's (Kevin Pipes) propensities for hiring female employess [sic] for the purpose of using his position of authority over them to extort a personal sexual favors, that it would not bode well for Ms. Parton. 11. Kevin Pipes regularly and consistently used his company as a harem whereby he provided himself and his son, Chase Pipes, with a conduit of female subjects to fulfill their respective sexual needs. 12. The Pipes men had a history of using their position of authority to demand sexual favors from female employees and regularly provided gifts of large value to said employees to purchase their silence once they tired of them. 21 13. The Pipes men threatened to take away these gifts of cars and real property if these female victims did not maintain their silence about the relationships. 14. Sensing that Mr. Stone's characterization of the company policy encouraging silence as to the sexual harrasment [sic] of female employees by the owner and his son . . . . ... 67. Subsequent to her constructive discharge, Kevin Pipes and Chase Pipes have made concerted attempts to knowingly manipulate, intimidate, and corruptly persuade their employees to keep silent or to look with disfavor upon the Plaintiff by threatening their jobs, employment status and pay raises, in an effort to hid or conceal their actions against her. [Docs. 8, 9]. The Court has reviewed the entirety of plaintiff's proposed amended complaint and the allegations set forth therein do not remedy the deficiencies found with respect to the following: plaintiff's Title VII claim against Pipes for retaliation and plaintiff's quid pro quo sexual harassment claim. Therefore, the motion to amend will be denied to the extent it seeks to assert these claims. Plaintiff's allegations, however, remedy the time-bar issue identified by defendants with respect to plaintiff's claim against Pipes for outrageous conduct. Specifically, paragraph 67 of the proposed amended complaint alleges conduct of Pipes occurring subsequent to plaintiff's constructive discharge; thus, there is no reason to believe her claim for outrageous conduct against him is clearly out of time. Defendants claim plaintiff's allegations are vague and insufficient to state a claim, but the Court disagrees. A review of the proposed amended complaint reveals that plaintiff's allegations are not merely naked 22 assertions without any factual enhancement, but could support a claim for outrageous conduct against Pipes. Accordingly, to the extent plaintiff's proposed amended complaint seeks to assert a claim against Pipes for outrageous conduct, plaintiff's motion to amend is not futile and will be granted. B. Plaintiff's Proposed Witness Tampering Claim The proposed amended complaint also states a cause of action under 18 U.S.C. § 1512 for tampering with a witness, victim, or an informant. The proposed claim states in part: "[s]ubsequent to her constructive discharge, Kevin Pipes and Chase Pipes have made concerted attempts to knowingly manipulate, intimidate, and corruptly persuade their employees to keep silent or to look with disfavor upon plaintiff by threatening their jobs, employment status and pay raises, in an effort to hide or conceal their actions against her" [Doc. 8 ¶ 67]. Plaintiff claims that "[t]hrough a pattern of conduct, the Defendants knowingly used intimidation, threats, or corruptly persuaded other persons, or attempted to do so, or engaged in misleading conduct toward other persons, with intent"; "have caused or attempted to cause their employees to withhold testimony for fear of losing their job"; and "have sought to dissade [sic] their employees from testifying truthfully about the Defendant's own conduct as it pertains to the Plaintiff" [Id. at ¶¶ 74–76]. Even if the conduct relating to the proposed witness tampering claim is true, there is no private cause of action for "tampering with a witness, victim, or an informant" pursuant 23 to 18 U.S.C. § 1512. Banks-Bey v. Acxiom, No. 1:09-CV-1249, 2010 WL 395221, at *3 (N.D. Ohio Jan. 27, 2010) (citations omitted) (dismissing claim under 18 U.S.C. § 1512 because the statute does not give rise to a private right of action); Shahin v. Darling, 606 F. Supp. 2d 525, 538–39 (D. Del. 2009) (citations omitted); Drake v. Enyart, No. 3:06-CV-217-S, 2006 WL 3524109, at *5 (W.D. Ky. Dec. 4, 2006) (stating 18 U.S.C. § 1512 makes tampering with a witness, victim, or an informant a crime proscribing criminal fines and imprisonment for violation). Therefore, to the extent plaintiff's motion for leave to amend requests leave to add a claim for tampering with a witness, victim, or an informant pursuant to 18 U.S.C. § 1512, that request will be denied. Accordingly, and in light of the Court's disposition regarding defendant's motion to dismiss, plaintiff's motion for leave to amend the complaint will be granted in part and denied in part. V. Conclusion For the reasons outlined above, defendants' motion to dismiss [Doc. 5] will be GRANTED in part and DENIED in part, and the claim for Title VII retaliation against Pipes as well as the quid pro quo sexual harassment claim will be dismissed. Defendants' motion to dismiss for plaintiff's failure to respond [Doc. 7] will be DENIED as moot in light of plaintiff's motion to amend. Plaintiff's motion to amend [Doc. 8] will be GRANTED in part and DENIED in part. Plaintiff will have leave to amend the complaint in accordance with the Court's findings herein. If plaintiff chooses to file an amended complaint, plaintiff 24 will have twenty (20) days from the date of the order accompanying this memorandum opinion to do so. ORDER ACCORDINGLY. s/ Thomas A. Varlan UNITED STATES DISTRICT JUDGE 25


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September 21 2014 Latest news:
Match-winning goalscorer Bradley Johnson applauds a job well done after the final whistle against Stoke.
Steve Gedge
Monday, November 5, 2012
Winning the games that matter – it's what did for us in 1994/95 and 2004/05, but kept us up in 2011/12.
Thirty points needed for survival in the next six-and-a-half months is a perfectly achievable target on the evidence of Saturday.
It was an afternoon when it was all about the result rather than the game (which is just as well, frankly).
The foot of the table now makes great reading, after QPR and Reading produced the perfect result yesterday – for us, that is.
Avoiding defeat at both Reading and Southampton later this month will go a long, long way to maintaining that crucial five-point gap between us and the bottom three.
Beating Stoke was something of a landmark way to open up such a big advantage in the race for survival.
Three years ago this weekend we were reduced to the status of having to play a village side in the first round of the FA Cup.
It shows the progress made over the subsequent 36 months that we were able to edge out the Premier League's leading purveyors of "gamesmanship" after an afternoon which clearly so enraged the architect of their success.
Not that they've ever profited from anything like that over the years, dear me no.
Last season's two fixtures against Stoke taught us a lot about life in the modern Premier League and it would have been a bit frustrating if we hadn't been able to show any progress.
We certainly did show a lot more top-flight savvy when it mattered, but ask me to remember much about the game by the end of the week and I'll be struggling, quite frankly.
But in a way that mirrors the season as a whole.
We're actually probably due something of a quiet league campaign.
Take away one of the highest finishes in the Canaries' history last time around, plus seasons in which there's been a mid-term change of manager, a relegation or promotion, or coming to terms with a new division and in recent years you're only really looking at 2002/3. How much of that season can you remember now?
That year was ultimately a failure because there were six places to aim for and the Canaries ultimately didn't fill one. Right from the start this season has always been all about making sure we do not occupy one of the bottom three slots – and that's why there was so much anguish at dropped points against a struggling QPR and weakened West Ham.
Beating Arsenal and Stoke – and in doing so already keeping more clean sheets than in the whole of last season – has made up for that.
But we now have to carve out maybe another eight such victories.
And if we repeat the same sort of endeavour to go ahead and determination to keep that lead that was seen on Saturday we'll be able to welcome Stoke back for more of the same again next season.Well, they do say that there's a price to pay for every pleasure…
I'm willing to bet that if senior Carrow Road officials could turn the clocks back six weeks they'd have reversed their pricing policies in the Capital One Cup.
Had they charged £25 for Tottenham and £30 for Aston Villa there probably would have been hardly any fuss made.
It's not being wise with hindsight, but when you manage to pull in only 12,892 and 13,680 home supporters when you charge £10 you're not going to suddenly attract anything like a full house when you treble that price. In fact, take away the visiting contingent against Tottenham and the crowd totalled just 12,992.
For the first time since being an severely-underpaid Civil Service clerical assistant in the mid-1980s, last Wednesday night was the first time that I chose not to go to a competitive home City fixture while living in Norwich.
I have to say it wasn't just about price. If it had been guaranteed that the Canaries would make only a handful of changes then £30 would have been just about justifiable.
When you make 10 changes – and I imagine that Russell Martin would not have started against Tottenham even if he hadn't been injured at Villa Park – you lose the right to charge first-team prices for what effectively is becoming a reserve –sorry, development squad – fixture.
For me, pricing it at more than £25 was crossing a big, big line – and I can't be alone as the sort of supporter who has gone to Johnstone's Paint Trophy away ties who felt that way. Instead, I spent that money taking the family out later in the week – and a much better use it was for it, too.
Can I live without having seen some late drama at Carrow Road? Well, yes I can, actually, it's not as if there haven't been quite a few exciting finishes here over the past three years. But the pricing arrangements for Villa show that the City hierarchy have learned a lesson here, although ironically they could have probably added a few more quid to tickets had there not been the need to make such a public gesture. The return of Paul Lambert is the only possible quarter-round pairing that could be described as a stand-out occasion to match "a proper Premier League match", as last Wednesday night's game was being described by the experts during Radio Norfolk's coverage.
(Incidentally, and this is true of the competition as a whole, it never fails to annoy me that when television or radio pundits who are often former players or high-profile commentators start looking down their nose at low attendances, no-one ever asks the question: "When was the last time you actually paid to go to a match?")
The fact as well that it's only the 13th time that Carrow Road will have hosted a major quarter-final – following on from the FA Cup in 1958/59, 1962/63, 1988/89, 1990/91 and 1991/92 and League Cup in 1963/64, 1971/2, 1973/74, 1974/75, 1979/80, 1983/84 and 1995/96 – it would be a surprise if the ground wasn't pretty full on December 11.
Well at least the celebrations of the 10th anniversary of Tony Pulis's initial appointment at Carrow Road didn't extend to Saturday's hosts. It has happened before – you may remember in 2001 a presentation being made on the pitch to Dario Gradi to mark his 1,000th match as manager on a night when City were held 2-2 at home by soon-to-be-relegated Crewe.
At least Gradi always struck you as an ambivalent, realistic kind of opposition manager. Pulis's time in the Premier League has certainly given him some Arsene Wenger-like selective viewing vision. He certainly has no "what goes around, comes around" approach, that's for sure. Saturday's assessment of "the goal was a disappointment. I have been in to see the referee to have a quick chat" wouldn't be so bad in itself until you consider our last two meetings with the Potters.
So, last August you had "we were disappointed we never got a penalty in the first half" at Carrow Road when Leon Barnett was, through home eyes, ridiculously sent off.
And then this March at the Britannia Stadium, when a wrongly-awarded throw-in led to the only goal in Stoke's 1-0 win, the mangerial assessment was: "I haven't seen it but if that's right we've had a little bit of luck. I thought that we were the team that were going forward and were trying to win the game." Oh how that last point made me laugh on Saturday. Take away injured big-name strikers and long-throw specialists, and all Stoke were left with was a sound defence and a lot of route-one balls forward hoping to catch a makeshift Canaries back four out.
And on the subject of knock-out competitions, it's good to see that Paul Lambert might have learned a thing or two from last season's FA Cup defeat to Leicester – judging by his verdict following last week's Capital One Cup victory at Swindon. "You've got to take the competition seriously. There were 3,500 Villa fans here and they pay a lot of money to come and watch us. It is important we try and progress and see how far we can go."So, from that I take it he won't be leaving his top scorer out of his matchday 18 next month - in contrast to the last cup tie he took charge of around here.
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subset: commoncrawl


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Hi all—
I currently have 2 tickets to bastille's gig in Chicago on the 31st, which I unfortunately am not able to go to. So, instead of selling them on Stubhub for scalpers and the like to grab, I'd like to offer them to the fans on here first for a fair price.
If you're interested in going, please send me a message, and we can work something out!
So having been one of the four-dozen some people (and also happening to be a teenage girl) waiting outside in the cold for Bastille's Royal Oak show, I take personal offense to Q Magazine's article, seeing as my friends and I were there 3 hours before doors not so we can see Bastille's "pretty faces" (one of my friends and my brother both being straight males), but to experience the sheer talent and gorgeous music that they wrote and perform.
The Royal Oak show was my third Bastille concert that I've been to, and the reason I keep going back is not because they're nice to look at (for what, like an the hour their set lasts?), but because they can put on a killer show. It's energetic, well-composed, interactive—ethereal. They love what they are doing and you can tell—they truly are appreciative of their fans who support them as well.
I have been lucky enough as to meet the whole band, and they truly are some of the nicest and most humble people I have ever met (it even surprised some of my company I was with how nice they were). Besides, wouldn't you rather want them to be humbled than to flaunt their success?
Sure, there are the people who are only in it for the looks, but those are the people who aren't their true fans; neither were those who went as far as to stalk the band afterwards.
Much of the Stormer fan base are those who found their music by chance, and only from there did they learn that there were faces to the music as well. It truly sickens me to see that there are so many false pretenses being made against one of the very few genuine bands left out there today.
I RECORDED IT BUT HAVEN'T EVEN PICKED UP MY TV REMOTE BECAUSE I FOUND IT ONLINE. Here ya go, kiddo!
lmao "THANKS OBAMA"
As weird as a choice as Oblivion was for Bastille to perform live on SNL (seeing as it showcased Dan and a strings section more so than Kyle, Will and Woody), I still love it so much and can't stop watching it. So, so beautiful.
yo any south african stormers at the show tonight: what was the setlist?


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Arsenic Removal from Drinking Water by Iron Removal and Adsorptive Media
U.S. EPA Demonstration Project at Stewart, MN
Six-Month Evaluation Repor
(75 pp, 2299 Kb)
June 2007
You will need Adobe Acrobat Reader to view some of the files on this page. See EPA's PDF page to learn more about PDF, and for a link to the free Acrobat Reader.
This report documents the activities performed and the results obtained from the first six months of the EPA arsenic removal technology demonstration project at the Stewart, MN facility. The main objective of the project is to evaluate the effectiveness of Siemens' Type II AERALATER® system for iron removal and AdEdge Technologies' Arsenic Package Unit (APU)-300 system for subsequent arsenic removal. The effectiveness is evaluated based on the system's ability to remove arsenic to below the new arsenic maximum contaminant level (MCL) of 10 µg/L. Further, this project also 1) evaluates the reliability of the treatment system for use at small water facilities, 2) determines the required system operation and maintenance (O&M) and operator skill levels, 3) characterizes process residuals generated by the treatment process, and 4) determines the capital and O&M cost of the technology. The types of data collected include system operation, water quality (both across the treatment train and in the distribution system), process residuals, and capital and O&M cost.
The 250-gal/min (gpm) treatment system consists of an AERALATER® pretreatment unit and an APU-300 arsenic removal unit. Used for iron removal, the 11-ft diameter x 26-ft carbon steel AERALATER® package unit is composed of an aeration tower, a detention tank, and a four-cell gravity filter in one stacked circular configuration. The effluent from the gravity filter is subsequently polished with AD-33 media, an iron-based adsorptive media developed by Bayer AG for arsenic removal. The APU-300 system consists of two skid-mounted 63-in x 86-in fiberglass vessels configured in parallel. Each vessel contains 64 ft3 of pelletized AD-33 media supported by gravel underbedding.
The treatment system began routine operation on January 18, 2006. Through the period from January 30 to August 1, 2006, the system treated approximately 10,039,000 gal of water with an average run time of 4.9 hr/day. The average daily demand was 54,822 gal with the peak daily demand of 126,779 gal occurring on July 12, 2006. Water to the treatment system was supplied by two wells (i.e., Wells No. 3 and 4) each operating at an average flowrate of 194 and 184 gpm, respectively, on an alternating basis. These reduced flowrates resulted in longer contact times (i.e., 44 to 46 min versus the design value of 34 min) within the AERALATER® detention tank and lower hydraulic loading rates (i.e., 1.9 to 2.0 gpm/ft2 versus the design value of 2.6 gpm/ft2) to the gravity filter. The corresponding flowrates measured through the APU-300 system also resulted in longer empty bed contact time (EBCT) (i.e., 4.6 to 6.8 min compared to the design value of 3.8 min) in each vessel. No significant operational or mechanical issues were experienced during the six-month study period.
The source water contained 35.5 to 56.4 µg/L of total arsenic, with As(III) at an average concentration of 34.9 µg/L as the predominant species. With NaMnO4 addition prior to aeration (based on February 2, 2006 data), most As(III) was oxidized to As(V), which, along with the pre-existing As(V), was partially adsorbed onto and co-precipitated with iron solids also formed during this preoxidation step, resulting in 57% As(V) removal. The arsenic-laden iron solids were effectively removed by the gravity filter, achieving approximately 60% total arsenic and 100% total iron removal. The untreated arsenic was present mostly as As(V) at 17.2 µg/L, which was subsequently removed by the AD-33 media during the polishing step. The higher-than-expected amount of As(V) in the gravity filter effluent was thought to have been caused by the relatively high levels of pH, competing anions (such as phosphorous and silica), and total organic carbon in source water.
NaMnO4 addition was inadvertently discontinued after one week of operation due to problems with the chemical feed pump. Total arsenic removal was 34% and the iron removal rate 100% across the gravity filter. The oxidation of Fe(II) was accomplished through aeration. It was also observed that the oxidation of As(III) to As(V) was occurring at a rate of over 95% across the gravity filter due to natural biological processes with only 1.2 µg/L of As(III) in the filter effluent. The As(V) concentration averaged 24.5 µg/L after the gravity filter. Nitrification was also observed to within the gravity filter, but was not related to the microbially-mediated As(III) oxidation as noted in this report.
In both cases, the levels of As(V) remained above 10 µg/L in the gravity filter effluent, which required further polishing in the APU-300 unit. Through 10,900 bed volume (BV), the effluent arsenic concentration averaged 3.1 µg/L in the APU-300 effluent.
Comparison of the distribution system sampling results before and after system startup showed a significant decrease in arsenic concentration from an average of 31.2 to 5.5 µg/L. However, the average arsenic concentration in the distribution system at 5.5 µg/L was higher than the average arsenic concentration of 0.9 µg/L following the AD-33 adsorption vessels. Iron and manganese also were significantly reduced in the distribution system.
AERALATER® backwash was manually initiated by the operator on a weekly basis. The APU-300 system was backwashed manually on two occasions during the six-month study period. Approximately 168,900 gal of wastewater, or 1.7% of the quantity of the treated water, was generated during the first six months from the AERALATER®. The AERALATER® backwash water contained, on average, 108 mg/L of total suspended solids (TSS), 46 mg/L of iron, 415 µg/L of arsenic, and 68 µg/L of manganase with the majority existing as particulate. The average amount of solids discharged per backwash cycle was approximately 6.1 lb, which was composed of 2.6 lb of elemental iron, 0.004 lb of elemental manganese, and 0.02 lb of elemental arsenic. In addition, 13,472 gal of wastewater were generated by the APU-300 unit or 0.1% of the quantity of treated water.
The capital investment for the system was $367,838, consisting of $273,873 for equipment, $16,520 for site engineering, and $77,445 for installation, shakedown, and startup. Using the system's rated capacity of 250 gpm or 360,000 gal/day (gpd), the capital cost was $1,471 per gpm of design capacity ($1.02/gpd). This calculation did not include the cost of the building to house the treatment system. The O&M cost consisted primarily of the media replacement cost, which was estimated by the vendor at $41,370 to change out the AD-33 media. The O&M cost is presented as a function of potential media run length and will be refined in the Final Evaluation Report once the actual bed volumes to breakthrough become available.
For more information on this and similar research, please visit our research web site.
Thomas Sorg


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Is it safe? That is a question I am constantly asked whenever I talk to people about the places I've travelled to, whether it be Cambodia or Japan. My answer is usually "safe, compared to what" because it is such a relative term. How dangerous are our daily routines here at home? I consider driving an automobile every day one of the most dangerous endeavours a human can undertake, yet we think nothing of it. Over 43,000 people were killed on US roads in 2005. And just recently, it was reported that life expectancy here in the US has been falling in relation to that of other developed (and a few developing) countries. About 1/5th of the world's nations have a higher life expectancy than the US now, including Guam, Jordan, and the Cayman Islands. This drop in the rankings can be attributed to unhealthy lifestyles and a health care system which not everyone has access to. So when travelling we should consider which will more likely kill you: three weeks in a foreign country or 20 years commuting in an automobile 150 miles a week while eating that egg & cheese mcmuffin, that Whopper, and those chicken wings.
The Middle East is constantly in the news, rarely for anything good. Especially since 9/11 and now the Iraq war, images of death and destruction from the Mideast can be seen on our TV screens almost daily. The image of the Arab people in our popular culture is of a race which is wholly resentful and bitter towards America and its people, and prone to acts of violence in the name of religion. While we have Bin Laden and his psychopathic gang to blame for much of the distortion, our various media outlets also must bear some responsibility by playing up their message and deeds, even though people that agree with them are in fact a tiny minority.
But the media can only give us an abstract view of the region. It does not let us smell the stenches and aromas, hear the frantic bargaining of the souks, or the call for prayers of the mosques, and not to mention tasting the food. Arab people are as diverse as we are, belonging to various religions or sects, different dialects, culinary preference, political views, and so on. I do not believe that very many of them hate America, or at least not the American people. I do fully expect many to er, strongly disagree with our government's foreign policy, and I'll surely hear many arguments about that. However they surely do not have the time nor the inclination to constantly think about America. They are busy living their own daily lives – raising children, going out to eat, grieving for sick loved ones – just as we do. You will likely see lots of pictures of various ruins on this site in the coming days and weeks – and while the ruins are great they are not the primary reason I travel. I travel to find out how people live.
One Response to "Why go?"
KristiXYL Says:
September 7th, 2007 at 2:21 pm
check this out… I wanted to tell everyone how brilliant you are…I love your site..
and sorry, yes, I used myspace to spread the word..


text:
Batgirl in another version I did in July 2013
Batgirl, the outfit it's slightly different
Ms Marvel. a drawing I did in the last november
Black Canary, digital drawing. it's a work I did last August.
Kitty Pryde, digital drawing. a commission for a private client.
Batgirl, digital drawing
X-23, quick piece
Ms Marvel
black cat fanart
new piece of the series..Painted with ps-CS2, as usual..


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Dow Jones Industrial Average (DJIA) is one of the most important indexes today, not only in America, but in the whole World. It's a reliable indicator for stock market sentiment and is used by lots of analysts, traders, companies and investors from around the globe every day. That's why I created this site, whereeveryone interested in the index will be able to find some essential Dow Jones information, like charts, quotes news and analyses.
Live Chart
On the following Dow Jones chart you should be able to see the exact price of the index and its price movement for today. You can refresh the chart by refreshing the page or pressing the "F5″ button on your keyboard.
You see the Dow Jones' chart for today with the help of YAHOO FINANCE
In this site you can find some more great stuff about this popular American stock index (DJIA).
Here are some of our main sections:
Find here some different types of Dow charts, longer term Dow charts (since its creation and before), real time charts and many more. Here you can also see some comparative charts and price action analysis, based on the previous movements of the index. See the big picture – how the benchmark has performed for the last 200 years, its deviations for this period, crashes and rises.
Read about the history of the index, and how it happened to exist. Here you can find a brief history of Dow Jones, some historical facts and basic information about the benchmark, like what it really measures, how and so on.
The Latest News About The Dow Today
Some of the latest today's' economic news, from several authority sources around the globe, about Dow Jones Index. In this streaming news section we collect the latest headlines from some of the world's major sources like The Wall Street Journal, CNN, Bloomberg, Fox International, NBC and many others. Everything is available in one place and is updated every several minutes. All the information is collected and updated with the help of one of the amazing Google features.
Real time Quotes for DJIA Index and its components. See the daily price change of every company participating in the calculation of the index. This is the "quotes" section, so many other quotations will be available here soon.
Investment Strategies
In this section we will discuss some investment strategies based on the index. See some of the most common way you could invest in the index and its futures. Find out what "The Dogs Of The Dow" is and track the performance of the strategy for the last 50 years.
You can navigate through our sections using the main menu of the site at the upper right corner.
Futures are financial instruments, which belong to the group of derivatives, which means that they derive their value from the value some other financial instrument like shares, commodities, etc. Practically, there is nothing that complex about them. A future contract is a simple negotiation between two sides – the buyer wants to buy a certain asset and the seller wants to sell it at a specified future moment and price. This is simply a future deal, made in the present. For example a farmer, producer of grain could conduct a deal with a buyer (a flour maker) to sell her a specified quantity of his production, on a specified future date (usually after harvest). This way both sides realize some benefits – the farmer is guaranteed that he will find a market for his production and the buyer is guaranteed that he would be able to buy the amount of needed raw material at the specified price and date. This is good for them, because they can operate in less risky economic conditions. The farmer can plan in details his work, the money needed for his production for instance, because he knows what exactly he would get selling it. He can get a loan to grow his grain for example, against the future income, paid when the deal is executed. The buyer will not be afraid of price increases, or that there will be not enough grain to buy for her flour production. As you see, both of the participants in a future contract hedge (insure against) future risks like: price changes, future availability, or other uncertain market conditions. Nowadays this is the main function of future contracts – to hedge against risk.
Every futures contract has a specified: quantity of the commodity, quality, the exact price per unit, and the date and method of delivery. The buyer will buy under these conditions, and the seller will sell according to them on the date, when the contract expires. But participating in the futures market doesn't mean that a real physical exchange of the commodity have to be made. Today's futures contracts expire without delivery in most of the cases and are used mainly for hedging purposes. This is explained in more details here: how the futures market works.
A Brief History Of Futures Contracts
Future contracts were invented in the 19th century. In these times, farmers would grow their production and would bring it at the market after harvest, hoping to get a nice price for it. But sometimes even a buyer at any price was hard to be found. In this case their efforts and production were wasted in vain. Other times, the grain production for example, was so scarce that no one could buy at a reasonable price the desired quantity. The market was stormy and ineffective. This led to the creation of central markets, where farmers could negotiate their future production's prices with buyers, which helped for the stabilization of prices and protected market participants from big losses. These types of deals were called forward contracts – the predecessors of future contracts. The difference between them, and futures, is that today's future contracts are highly standardized, while forwards could be very different. For example future contracts are conducted for round amounts of the product – 10, 100, 1000, expiring after a standard period – a day, a month or a year, while forwards could be contracted for any amount and any future date – 376 kg. of grain to be traded after 123 days, for instance. Also the futures market is regulated, which is not true about forward deals, which are often negotiated directly between the buyer and the seller.
To read more about index futures, you can take a look at our article about DJIA Futures.
What Are Sustainability Indexes?
The Dow Jones Sustainability Indexes (DJSI) are a group of benchmarks, that was created in September, 1999 and their main purpose is to track the performance of the biggest and sustainability oriented companies in the world. These indexes are created by the Dow Jones company in collaboration with Sustainable Asset Management (SAM) company. The most significant is the "World Sustainability Index" and there also are European, Euro-zone, World Developed, American, Asian, Nordic and Korean benchmarks. The companies included in DJSI should be clearly and honestly managed. The unethical and operating in an unsustainable manner ones, has been rejected from inclusion in the index. DJSI is based on factors like corporate economic, climate change mitigation, assessing issues such as corporate governance, environmental and social performance, risk management, supply chain standards, labor practices, branding. The index includes general and industry specific sustainability criteria for the 57 economic sectors, which are defined according to the Industry Classification Benchmark (ICB). To be included in a sustainability index, a company is examined and selected based on its long term economic, social and environmental asset management plans.
World Indexes
The major benchmark – Dow Jones Sustainability Index World – was launched in 1999, when the beginning of these indexes was put. It is based on 2 500 big companies from around the world, as only the top 10% of them are included in its calculation (around 300 corporations). The value of the index depends on the share prices (market capitalization) of these companies.
The DJSI World has two sub indexes:
- DJSI World 80 – tracks the 80 biggest companies in the worlds
- DJSI World ex US 80 – tracks the 80 biggest companies globally, excluding USA.
For more information about these benchmarks, you can see their official website here: http://www.sustainability-index.com.
If you can't beat the market – follow it! This is a popular maxim, briefly describing that it's not so easy to beat the market, but it's really easy to follow it. As you may know, "The Market" here means the overall performance of all traded shares, which is measured by stock indexes, like Dow Jones Industrial Average. So to follow the market, you simply need to invest your money in a market index.
Dow Jones Industrial Average's value derives from the share prices of 30 of the biggest and most actively traded American companies. You can not buy or sell directly the index, because it's not a real asset, it's just a calculation based on the stocks of its components. But this doesn't mean that the investment in the index is impossible, not at all. Here I will share some different ways of how make your money move with the Dow.
3 Ways To Invest In The Dow 30
- Buy the shares of the Dow Jones Index – as mentioned, the value of the Dow Jones is based on the prices of 30 companies' shares. You can't trade the index, but you can buy or sell its components, in the same proportion in which they participate in it. However, this is not the best option available. Some changes happen to the components from time to time, which rises the need for the portfolio of such a strategy to be recently adjusted. This involves higher transaction cost.
- Dow Jones Futures and other Dow derivatives– this is a nice way to "invest in the Dow", because futures' price movement is almost the same as the movement of the DJIA index. This strategy is more suitable for short term investing – day trading, for example. One reason for this is that futures are set to expire in a specified future moment.
- Index funds – This is the easiest and the most suitable way for long term Dow Jones investments. Index funds are usually publicly traded mutual funds, that hold a portfolio exactly the same, as a specified market index (Dow Jones Industrial Average for example).
These funds do all the work for you, to maintain the same as the index portfolio for a small commission. Such an investment is associated with professional management and low transaction costs, which makes it suitable for newbies or people who don't want to get involved in trading.
Also, there are many investment strategies, based on the Dow Jones index, but not exactly following it. Some of them have outperformed the index for the last 45 years like The Dogs Of The Dow strategy.
What Are Futures?
Futures are derivative instruments, which means that they derive their value from the value of another financial instrument. In this case the value of a Dow Jones Future contract derives from the value of The Dow Jones Industrial Average Index. In very simple words, a future contract is a negotiated deal between a buyer and a seller, on an exact day in the future. The buyer agrees to buy the contracted amount at a predetermined price and the seller agrees to sell under these conditions. So a Dow Jones Future is a standardized contract in which the two sides agree today to to make a future deal , for a certain amount of lots at a defined price.
Why Do We Need These Futures?
As you might know, the Dow Jones Industrial Average is a stock index, and it's not possible for anyone to invest in it directly. Many investors want to put their money in the index, and the futures are the most convenient way to do this. Dow Jones Futures (DJ) are traded on The Chicago Board of Trade, where the value of one contract is 10 times the value of The Dow – if the Dow trades at 12 000, one contract would be 120 000 $. This could be a lot of money for some people, but most of the brokers offer leverage. This means, that if someone wants to buy a contract, he/she could do it with 10 times less money for example. The rest are provided by the broker as a temporary loan to you. There are also mini Dow Jones future contracts (YM), their value is 5 times the value of the DJIA index.
Using leverage futures, you can have your money invested in one of the most followed and important indexes in the world. For example, to buy a standard Mini Dow Jones Futures contract, you need approximately a half of the current price of the index. This could be a risky operation, though. The move with one point of the price of the contract will equal 5$ change in the profit/loss of the position. So a 100 point move in a certain direction, could be $500, or 10% change in the position. Very often there are even bigger daily moves of the Dow Jones index which could cause bigger losses, if they are against you.


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A few things seemed fairly clear. For one, small business lending remained near record low levels throughout 2010. According to the December issue of the Atlanta Fed's monthly Small Business Trends report, the volume of small business loans outstanding in the Southeast fell in each successive quarter of 2010. Late in the year, the level was less than it was six years earlier. To be sure, credit contraction was hardly isolated to the Southeast: in 2009, total credit market borrowing in the United States fell by $634 billion, only the second such decline since World War II, before it picked up slightly in 2010, according to Atlanta Fed research.
It appeared that not many small firms actually sought credit. Less than a third of small businesses in a National Federation of Independent Business survey reported borrowing on a regular basis during the third quarter, "not surprising given the persistent emphasis on cost cutting and the curtailment in capital expenditures," according to Small Business Trends. "Borrowing that does occur tends to be for the purpose of smoothing cash flow rather than for funding expansion or hiring."
Small construction and real estate companies, in particular, had difficulty securing credit. On average, more of those businesses than small firms in other industries sought credit, according to an Atlanta Fed survey conducted in late 2010.
On the flip side, small business sentiment might be improving. The number of discouraged borrowers—that is, the percentage of small companies that did not borrow only because they expected denial or unfavorable terms—declined in the second half of 2010. Furthermore, just 17 percent of small firms applying for credit said they received none of the financing they requested.
Most of the Atlanta Fed survey information came from established small companies. But capital to start businesses—notably, personal wealth—also continued to dwindle during 2010. As commercial banks traditionally do not offer high-risk seed financing, entrepreneurs commonly turn to friends and family, credit cards, and their own wallets. Research presented at an Atlanta Fed conference noted that plummeting home values across the United States have not only eroded individual wealth, but also limited access to home equity lines of credit, sapping a key source of startup funding. American homeowners' equity in real estate at the end of the third quarter of 2010 totaled $6.4 trillion, 52 percent lower than at the end of 2005, according to the Federal Reserve's Flow of Funds Accounts of the United States. Meanwhile, American households' combined net worth was $54.9 trillion at September 30, 2010, down more than $10 trillion from the peak in 2007.
With traditional seed capital sources blocked, when entrepreneurs turned to commercial banks, the results were not always good. Small firms that historically relied on personal credit, including credit cards and home equity lines, were "much more likely (than other companies) to receive no financing" during the third quarter of 2010, according to the Atlanta Fed's Small Business Survey.
All things considered, it appeared both sides of the small business credit debate were right, Bowling pointed out. Credit supply decreased, as many banks instituted more restrictive lending criteria and shrank their loan portfolios. Small companies also demanded less credit. Fewer qualified to borrow under stricter lending policies, and creditworthy firms were generally not keen to assume debt in an uncertain economy, or they chose not to borrow because they didn't like the terms banks offered.
These are important concerns. Bank financing is vital to small companies because they typically cannot access the corporate credit markets open to large firms via vehicles such as corporate bonds and commercial paper.
When small businesses borrow, what do they do with the money? Atlanta Fed survey respondents on average said credit availability most affected whether they diversify operations by, for example, introducing new products or expanding into new geographic markets. In a late 2010 survey, 108 firms—about a third of firms responding—indicated that credit substantially influences whether they hire or rehire employees.
Money isn't the only issue facing small businesses
Important as it is, financing is but one issue facing small businesses. Unlike larger corporations, most small firms do not enjoy a financial cushion to withstand a temporary downturn in business, nor the option to turn to global markets if growth opportunities at home are limited. Moreover, startup companies, an important class of small businesses, are less likely to form when financing is scarce. That matters not just to individual small businesspeople, but also to the U.S. economy at large.
That's because start-up businesses are job creators. Over the past 20 years, start-up companies less than two years old generated about one of four gross new jobs, Fed Chairman Ben Bernanke said in a July 2010 speech. Though these companies are small employers overall—they employ less than 10 percent of the nation's workforce—based on their size, they are responsible for a disproportionate share of new jobs.
"If small and, importantly, young firms are a significant jobs engine and they are not growing, then it means a slower recovery," said Atlanta Fed senior economist Paula Tkac.
Not surprisingly, start-up activity appeared to stall during the recession. In developed countries generally, the formation of incorporated companies showed zero growth in 2008 and declined 10 percent in 2009, according to research presented at an Atlanta Fed conference. Other research from the conference indicated a significant rise in the number of "entrepreneurs of necessity" at the same time. These entrepreneurs of necessity are people who start working for themselves in an informal, unincorporated capacity and generally do not hire employees. Metropolitan areas with high unemployment saw more of these entrepreneurs than did other areas, according to a research paper presented at the conference.
How do we square those perhaps contradictory findings? It is not entirely clear what they ultimately mean for the recovery of the regional and national economies, Atlanta Fed research economist John Robertson observed in the Atlanta Fed's macroblog. For example, researchers do not know how quickly or how often new one-person businesses start hiring other people, nor how fast those enterprises tend to grow. It is an area that warrants additional study, Robertson noted.


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How Much Damage Does Chlamydia Cause At 6 Months
Here's a taste of what TheBody.com has to offer on this topic:
Get the Facts
Caring for Your Liver if You Have HIV/AIDSTable of Contents Liver Basics Symptoms of Liver Damage Tests for Liver Damage The Liver and HIV Liver Disease and Women Caring for Your Liver Taking Care of Yourself Liver Basics Your liver is one of the most important organs in your body. It is also the largest -- about the size of a football. It is protected from injury behind the lower right section of your ribs. The liver acts as your body's chemical processing...
Ask the Experts
Atripla and liver damageHello,I have been on Atripla for 3 years, and have been undetectable, with CD4 of 500. However, after my last blood test 3 days ago, i got an urgent call from my Dr 's Surgery, my liver enzymes are high, transaminases both over 400, GGT of...
Response from Benjamin Young, M.D., Ph.D.
Rocky Mountain CARESHello and thanks for posting.I'd think it be unusual for you to be on your Atripla treatment for 3 years without evidence of liver toxicity and then to have the medications cause the liver test abnormalities.I think that it's a very good... Read more »
How did I get chlamydia??Hi, I recently tested positive for urethral chlamydia. The nurse who treated me said that is normally caused by topping an infected person, and maybe in rare cases by having one give you head. The only person I have topped or who, as I recall, has...
Response from David Wohl, M.D.
University of North Carolina - Chapel HillChlamydia can be found in orifices such as the urethra, month, vaginal and rectum. Your friends may not have had all sites tested and may have the infection without knowing it. DW... Read more »
chlamydiahi doctor recently my friend did a chlamydia infection test it came with two results lgg psitive lgm negative what's the diffrence between them and if there is any other disease related to chlamydia thank u...
Response from Benjamin Young, M.D., Ph.D.
Rocky Mountain CARESHello and thanks for posting.Chlamydia infections generally come in two types, from two different species of bacteria. Chlamydia pneumonia causes respiratory tract infections, whereas Chlamydia trachomatis causes a sexually transmitted... Read more »
Chlamydia and HIV (BETTER TO KNOW, 2010)I have gotten Chlamydia and am super worried that I may have something else like HIV. I worry about things alot and this is driving me crazy. I havent gotten tested for it yet but my doctor wants me to once I am finished with my antibiotics. I dont...
Response from Robert J. Frascino, M.D.
The Robert James Frascino AIDS FoundationHello,It's always better to know than not know. See below.Dr. BobI know the answer, but I ask anyway.... (WHAT YOU DONT KNOW CAN KILL YOU, 2010) ( IS IT BETTER TO GET HIV TESTED OR NOT TO KNOW, 2010)Sep 13, 2010Well, here I am again, losing my... Read more »
Connect With Others
To Cougar....Chlamydia causing symptoms??
Posted by Anonymous, 1 ReplyCougar - I read in your earlier post that your doctor explained some of your symptoms as chlamydia-related. I am very interested to hear about your experience and more about what your doctor said. I contracted chlamydia/urethritis after a hish... Read more »
LGV Chlamydia
Posted by Bear60, 1 ReplyI thought this news item in todays INQUIRER was of some interest to us gay men. Its about a "bad strain of chlamydia not usually seen in this country". It "appears to be spreading among gay and bisexual men possibly increasing their chances of... Read more »
eeek! brain damage!
Posted by daisey6205, 7 Replieshello everyone. happy new year. as most already know i was diagnosed + in sept 2005. it has been a long 4 months from constantly being sick to having to deal with my husband who is + also and the list goes on and on and on (as i am sure everyones... Read more »
A few questions about chlamydia
Posted by AnonymousI had a high risk situation when I had unprotected vaginal sex about 10 months ago. I ended up getting tested recently, but I realized that around a month after the situation, I took Zithromax, so even if I did have it, it would have been cured. ... Read more »
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NaPoWriMo: Day 9More respect
for hungry lions,
than man's
greedy fingers,
she really,
doesn't want to write this poem.
As she forgets how to use words
(on most days,)
relying on curses
like casting some witch's spell-
with only ten dollars to her name.
The oldest daughter:
she's still somewhere in the middle,
filed under
because they had no other way
to categorize her.
Getting her first gravestone at three-
she prayed
not to the gods,
but to the lily stargazers
in her palms.
One day
she would become


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Pakistan arrests 25 Indian fishermen for violating its waters Sep 30, 5:12 pm
Karachi, Sept. 30 (ANI): Pakistan maritime authorities arrested 25 Indian fishermen and took into custody their four boats for illegal fishing in the country's territorial waters, confirmed a police official.
85 suspected militants surrender in Pakistan's Dera Bugti region Sep 29, 12:51 pm
Quetta, Sept.29 (ANI): Fifteen people reported to be militants belonging to the Bugti tribe and their 70 accomplices have surrendered themselves to law enforcement personnel in the Sui area of Dera Bugti in Pakistan.
Blast in Pakistan's Hangu region claims seven lives Sep 28, 10:15 pm
Lahore, Sept.28 (ANI): At least seven people were killed in an explosion in a camp for internally displaced persons (IDPs) in Hangu, northwest Pakistan on Sunday, local media reported. Several others were also injured in the incident.
India ready to engage with Pakistan: MEA Sep 28, 1:21 am
New Delhi, Sept. 27 (ANI): The Ministry of External Affairs (MEA) on Saturday indicated that India was ready for dialogues with Pakistan but reiterated that New Delhi will pursue the path of bilateralism.
New York, Sept.27 (ANI): Prime Minister Narendra Modi on Saturday asserted that India was prepared for a bilateral dialogue with Pakistan, but urged Islamabad to create the right atmosphere without the shadow of terrorism.
India ready to have serious dialogue with Pakistan without shadow of terrorism: PM Modi Sep 27, 9:31 pm
New York, Sept.27 (ANI): Delivering his first speech as India's Prime Minister to the 69th session of the United Nations General Assembly (UNGA) on Saturday, Narendra Modi said India's future is linked very closely with its neighbours, and that he had extended his country's hand of friendship to them soon after he was sworn into office.
New Delhi, Sept. 27 (ANI): Bharatiya Janata Party (BJP) leader Mukhtar Abbas Naqvi said Saturday that Pakistan should stop making Kashmir a parachute of politics and instead concentrate on resolving their internal conflicts and issues.
Pakistan successfully test-fires short-range missile Hatf-IX Sep 26, 2:00 pm
Islamabad, Sep 26 (ANI): Pakistan on Friday successfully test-fired a short-range surface-to-surface missile Hatf-IX (Nasr) with a range of 60 kilometres.
Sushma Swaraj squarely blames Pakistan for spoiling foreign secretary-level talks with India Sep 26, 12:45 pm
New York, Sept. 26 (ANI): External Affairs Minister Sushma Swaraj said here that Pakistan was to be squarely blamed for the August 25 foreign secretary-level talks being a non-starter, as that country's envoy to India had opted to talk to Hurriyat leaders four days before the proposed talks.
London, Sep 26 (ANI): A 70- year-old Scot awaiting execution in Pakistan over blasphemy charges was shot by a prison guard inside a jail.
No plans for Modi-Sharif meeting on sidelines of UNGA: Pakistan Sep 25, 8:54 pm
Islamabad, Sept. 25 (ANI): Pakistan on Thursday said that it has neither sought any meeting with Indian Prime Minister Narendra Modi on the sidelines of the United Nations General Assembly (UNGA) session nor received any request in this regard.
No meeting between India-Pakistan PMs in New York doesn't send a good message: Senior journalists Sep 25, 12:50 pm
New York, Sept.25 (ANI): Disappointed by the cancellation of Prime Minister Narendra Modi's meeting with Pakistan Prime Minister Nawaz Sharif in Islamabad, a senior editor of the Jang newspaper, Saleh Zafar, and a journalist of Aaj TV, Mushtaq Minhas, said here on Thursday that it is not a good omen.
Islamabad, Sep 24 (ANI): The war on minority communities in Pakistan seems to be escalating, with more number of attacks being carried out on different religious groups in the country.
Karachi, Sep 23 (ANI): 'Khoobsurat' has earned Rs 3 crores in its opening weekend at the Pakistani box office, it has been reported.
Gulzar`s `Ghalib` novelette published in Pakistan Sep 21, 10:30 am
Karachi, Sept 21 (ANI): Gulzar's novelette 'Ghalib' has been published in Pakistan, which tells the life history of the all-time great poet.
- Betting on Tendulkar's 100th international century crosses Rs.2 billion mark
- 'Gold-obsessed' Aliens using Earth as 'battlefield'
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- Brit women top obesity league in Europe


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