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Scales v. Talladega County Department of Human Resources et al - Document 113
Court Description:
MEMORANDUM OPINION AND ORDER GRANTING IN PART AND DENYING IN PART 9 11 16 19 23 61 63 74 MOTIONS to Dismiss AND REQUIRING REPLEADER as set out herein. Signed by Judge Virginia Emerson Hopkins on 8/27/2012. (JLC)
FILED 2012 Aug-27 PM 04:06 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA EASTERN DIVISION LATASHA SCALES, ) ) Plaintiff, ) ) v. ) Case No.: 1:12-CV-922-VEH ) TALLADEGA COUNTY DEPT. OF ) HUMAN RESOURCES, et al., ) ) ) Defendants. MEMORANDUM OPINION AND ORDER GRANTING IN PART AND DENYING IN PART MOTIONS TO DISMISS AND REQUIRING REPLEADER Before the court are the following motions: the Motion To Dismiss filed by Defendant City of Talladega (Doc. 9); the Motion To Dismiss filed by Defendant John McCoy (Doc. 11); the Motion To Dismiss filed by Defendant Citizens Baptist Medical Center (Doc. 16); the Motion To Dismiss filed by Defendants Jacob Argo, Steven D. Giddens, Christina Kilgore, and the Talladega County District Attorneys Office (Doc. 19); the Motion To Dismiss filed by Talladega County Department of Human Resources (Doc. 23); the Motion To Dismiss filed by Defendant Tony Hamlin (Doc. 61); the Motion To Dismiss filed by Defendant Andy Carden (Doc. 63); and the Motion To Dismiss and/or in the Alternative, Motion for a More Definite Statement filed by Jeanne Rasco (Doc. 74) (collectively, the "Motions To Dismiss"). The pro se Plaintiff has filed "notices" and responses1 in objection to the Motions To Dismiss, which are located at docket numbers 24, 25, 32, 33, 41, 84, 85, 86, 87, 88, 89 and 95. Defendants Shelly Barnhart and the Talladega County Juvenile Court have also filed Motions To Dismiss (Doc. 107, Doc. 101).2 Plaintiff has not yet responded to these motions. Defendant Dale Price has filed a motion styled as a Motion to Dismiss for lack of subject matter jurisdiction or, in the alternative, for failure to state a claim (Doc. 106). Because Defendant Price has already answered Plaintiff's complaint (Doc. 91), his motion is actually a Motion for Judgment on the Pleadings. See Fed. R. Civ. P. 12(c) & 12(h)(2)(B). The court will treat it as such. Plaintiff has not yet responded to Price's motion. However, because the Motions of the Juvenile Court, Barnhart, and Price raise the same or similar issues as the other Motions to Dismiss, this order also disposes of their motions. The court has studied the Complaint (Doc. 1) and carefully considered all filings of record and the applicable law. For the reasons that follow, the court finds 1 Although Plaintiff initially filed her responses as "motions" in opposition to the various Motions To Dismiss, the court construed them as "responses." (See Order, Doc. 92). 2 The clerk entered a default against the Talladega County Juvenile Court on July 16, 2012. The Juvenile Court moved to set aside the entry of default on August 15, 2012 (Doc. 99), and this court granted that motion on August 24, 2012 (Doc. 112.) 2 that certain of Plaintiff's claims are due to be dismissed for lack of jurisdiction and for failure to state a cognizable cause of action. Additionally, as to any claims not so due to be dismissed, the Motions To Dismiss are due to be granted in part to the extent that they seek a more definite statement as to any remaining claims. Accordingly, Plaintiff will be required to replead her Complaint, consistent with the instructions set out below. I. BACKGROUND On March 22, 2012, Plaintiff Latasha Scales ("Ms. Scales" or "Plaintiff") filed a General Complaint Form for Pro Se Litigants (Doc. 1) (the "Complaint") against the Talladega County Department of Human Resources ("Talladega County DHR" or the "DHR"), the Talladega County Juvenile Court, the Talladega County District Attorney's Office, the City of Talladega, and Citizens Baptist Medical Center. In addition, she sued the following individual defendants: Andy Carden, John Elston, Tony Hamlin, Jeanne Rasco, Shelly Barnhardt, Dale Price, George Sims, Jacob Argo, Steven D. Giddens, Christina Kilgore, John McCoy, and Morris Shaw.3 Most, but not all, of the Defendants have been properly served and have entered an appearance in the lawsuit to date.4 As is their right under the Federal Rules of Civil Procedure, 3 Ms. Scales also named as defendants "Fictitious parties A, B, C, D, E, F & G." 4 Because the court has no record that service of process was effected on three of the individual Defendants (Elston, Sims, and Shaw), and the 120-day deadline for service of process 3 see Fed. R. Civ. P. 12(b), those Defendants who have appeared have filed motions to dismiss asserting various defenses that are proper for the court to consider at this early juncture, including subject matter jurisdiction and statute of limitations defenses. To assess the matters raised in the Motions To Dismiss,5 the court must first reach a general understanding of Ms. Scales's Complaint, based on the facts presented therein, and then parse out her claims against each Defendant. A. Factual Allegations6 Factually, the gravamen of the Complaint appears to center upon Ms. Scales's loss of custody over her children through various state court proceedings. The Complaint identifies two daughters, ages 5 and 10. (Doc. 1 at 4). Ms. Scales alleges that her children were removed from their schools7 by Defendant John McCoy on or about March 24, 2008, and taken to the Talladega County District Attorney's Office. (Id.) There, the ten-year-old daughter was questioned by Defendants Steven D. has expired, see Fed. R. Civ. P. 20(m), the court will separately issue a show cause order why those Defendants should not be dismissed from the case. 5 Because the Defendants raise overlapping defenses, the court finds that the most expeditious approach in this case is to evaluate the issues together; thus, the court will address the Motions To Dismiss collectively in this opinion, rather than individually in separate opinions. 6 At the Motion to Dismiss stage, Ms. Scales's factual allegations are taken as true. 7 The Complaint indicates that at least one of the children was removed pursuant to a subpoena. (See Doc. 1 at 4). 4 Giddens, his assistant Jacob Argo, and Christine Kilgore, and ultimately put on the witness stand "to testify against [Ms. Scales]'s husband, in an assault trial that did not involve that child." (Id.) The Complaint alleges that both children were allowed to leave with their parents when the trial concluded that day. Ms. Scales also alleges that, on the same day as her husband's trial, she was "picked-up, at work, by a Talladega County Sheriff's Deputy and taken to the Talladega County District Attorney's Office, where [she] was hauled-off into a backroom and guarded by Sheriff's Deputies, and per the order of Giddens, was not allowed to leave the room." (Id.) Ms. Scales was "ordered to remain in the building and not to remain in the courtroom," after the presiding state court judge (who is not a defendant to this lawsuit) informed her that she would not give testimony as a witness in the trial.8 Ms. Scales's husband apparently was convicted of the charges addressed at the trial. (See id.) ("On, or about, March 25, 2008, after plaintiff's husband's conviction . . . ."). On the day following the trial, Ms. Scales alleges that the Talladega County DHR, acting through fictitious parties A through G, "surrounded and banged on the 8 Confusingly, Ms. Scales references in this portion of the facts that she was "advised" by Giddens "that [she] had no right to an attorney, at a Grand Jury Session, on, or about, October 2, 2007." (Doc. 1 at 4). The court is unclear as to whether Ms. Scales is referencing a conversation with Giddens in 2007 or on March 24, 2008, which is the context for the rest of the paragraph. Upon repleader, Ms. Scales should clarify these facts. 5 backdoor, windows, and exterior walls" of her home, advising Ms. Scales "that they were there to take [her] children, if [she] did not sign a document that they had." (Id. at 4-5.) The document is alleged to be a HIPAA agreement, pursuant to which Defendants "Argo and Kilgore, under the supervision of Giddens, obtained and produced [Ms. Scales]'s medical record and info at the trial of [her] husband, and more so, to remove [her] children from [her] home." (Id. at 5.) Ms. Scales further alleges that on March 26, 2008, Defendant George Sims, a "now 'retired' judge" in Talladega County, "signed a Pick-Up Order, directing [Ms. Scales]'s children to be removed from [her] custody." (Id.) Defendant John Elston, who is otherwise unidentified, is alleged to have "signed a petition stating that he feared [Ms. Scales] would retaliate against the testifying child." (Id.) Ms. Scales alleges that Defendant McCoy followed her in her car, along with other police cruisers, and escorted her to her mother-in-law's apartment, where McCoy (pursuant to the "Pick-Up Order") took custody of the children. (Id.) On March 27, 2008, Ms. Scales alleges that she appeared at a hearing before Judge Sims, who gave Talladega County DHR temporary custody of her children, despite the fact that the children's grandmother (Ms. Scales's mother) was present and "pleading for the placement of the children with herself." (Id.) Ms. Scales also describes a hearing in the Talladega County Juvenile Court on 6 or about April 14, 2008, which addressed the placement of her children. Ms. Scales alleges that she and her husband retained Defendant Morris Shaw (an attorney) to represent them; that the court appointed a guardian ad litem; and that Defendant Jeanne Rasco represented the Talladega County DHR. At that hearing, Ms. Scales alleges that "Rasco entered and/or produced [her] medical information and/or records to the Court, without consent to obtain or possess such records." (Id.) Ms. Scales further alleges that her counsel, Shaw, "did not question the authority of the possession of [Ms. Scales]'s medical records/info, nor did Shaw question the jurisdiction of the court, or lack of establishing it for the record." (Id.) Moreover, Ms. Scales alleges that Shaw "dropped the ball" on a motion to withdraw. (Id.) Ms. Scales alleges that her children are "currently in the custody of [Talladega County DHR]" and that she has "attended numerous ISP meetings and Court hearings which included defendant, Tony Hamlin, as counsel for [the DHR] and defendant Shelly Barnhardt as guardian ad litem." (Id.) She also states that the DHR has "initiated a proceeding seeking to terminate [her] parental rights," and that the nowpresiding state court judge has "appointed defendant Dale Price to represent [Ms. Scales] on the parental rights issue." (Id. at 5-6.) As to Defendant Citizens Baptist Medical Center, Ms. Scales alleges that it "allowed [her] medical records to be acquired without [her] permission" on or about 7 March 24, 2008. (Id. at 6.) The Complaint further identifies Defendant Andy Carden as the case worker assigned to Ms. Scales's children. (Id.) Ms. Scales asserts that Carden has filed "many false reports" and has made "misrepresent[ations] to the court" concerning Ms. Scales's visitation with her children, among other things. (Id.) Ms. Scales alleges that the Defendants, acting together, have conspired "to violate [her] Constitutional Right and the failure to prevent such violation, inter alia." (Id.) More specifically, she contends that Defendants McCoy, Giddens, Argo, and Kilgore "conspired to violate [Ms. Scales]'s right to family integrity, right to due process, equal protection of the laws, and unreasonable seizures, by drafting and presenting a fraudulent document, in attempts to have another person, principal Clark, commit an illegal act, of holding a minor obligated to adhere to a subpoena." (Id.) She also alleges that Giddens, Argo, and Kilgore "had the opportunity to prevent the situation, but failed to . . . correct the illegal actions of McCoy . . . that placed [her] child on the stand as a state's witness." (Id.) Ms. Scales then alleges that the Talladega County DHR conspired (with fictitious parties A through G) to violate her Fourteenth Amendment rights, as these parties "were obviously [acting] at the direction[] of defendants Giddens, Argo, and/or Kilgore, [be]cause it was those defendants that acquired [Ms. Scales]'s 8 medical records and removed [her] children from school, both, without the consent of [Ms. Scales]." (Id.) Defendants Carden, Elston, Hamlin, Rasco, Argo, Giddens, Kilgore, Sims, McCoy, Citizens Baptist Medical Center, Barnhardt, Shaw, and fictitious parties A through G, are alleged to have conspired to have Ms. Scales's children removed from her custody "in an attempt to use such children as ransom, to obtain [Ms. Scales]'s signature on a HIP[AA] agreement form." (Id. at 6-7.) Defendants Hamlin, Rasco, Barnhardt, and Shaw are alleged to be practicing attorneys who have made no "attempt to diffuse the 'kidnapping' and 'ransom attempt'" of Ms. Scales's children. (Id. at 7.) Ms. Scales alleges that these attorneys were aware of the Fourteenth Amendment violations being committed against her and "could/should have contacted the Federal Bureau of Investigation, but did not." (Id.) Finally, Ms. Scales contends that Defendant Sims, formerly a district judge for Talladega County, signed the order authorizing the removal of her children, and that he, like the attorneys, did "nothing to diffuse" what he knew to be violations of Ms. Scales's Fourteenth Amendment rights. (Id.) Ms. Scales further alleges that Sims's inactivity "clearly demonstrates his willingness, and intention, to participate in the conspiracy." (Id.) B. Claims Asserted 9 Ms. Scales raises certain claims that appear to arise under federal law and other claims that presumably fall under state law. All claims are asserted generally without stating which claims are brought against which Defendants or which (specific) facts support each claim. The seemingly federal claims include Claims I, VII, and VIII. Claim I is for "civil rights violations," including: A. B. C. D. E. F. Right to maintain family integrity Right to equal protection of the laws Right to due process Right to privacy Right to feel safe and secure in home Right to access of Courts Though she does not specify, the court presumes that Plaintiff intended her civil rights violations claims to arise under the U.S. Constitution.9 Claim VII is for "Act of Congress Violation (HIPPA),"10 without citation to a specific statute or other legal authority. Claim VIII alleges "conspiracy" under 42 U.S.C. §§ 1983, 1985, and 1986. Claims II through VI and Claim IX appear to raise claims under state law. (See Doc. 1, Compl. at Claim II ("conversion"); Claim III ("fraud"); Claim IV 9 If Ms. Scales intended claims under anything other than the U.S. Constitution, she should so specify when repleading her Complaint. She should also specify any statutory provision pursuant to which she seeks a remedy for violation of her constitutional rights, as applicable. See, e.g., 42 U.S.C. §§ 1983, 1985, and 1986. 10 Presumably, Plaintiff's references in her Complaint to "HIPPA" are intended to refer to the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), which protects the privacy of individually identifiable health information. The court attributes any references to "HIPPA" in the Complaint to a typographical error intending to refer to the HIPAA. 10 ("oppression"); Claim V ("misrepresentation"); Claim VI ("negligence"); Claim IX ("malice")). In her prayer for relief, Plaintiff seeks the following: A. B. C. Plaintiff would like for all[] the defendants to be held accountable for their actions, both, civilly and criminally. Plaintiff would like to have her children returned to her custody. Plaintiff demands judgment against the Defendants, jointly and severally, for punitive, special, and/or compensatory damages in the amount of fort[y]-million dollars ($40,000,000.00) plus interest, cost[s], and attorney fees; if any, of this matter. (Id.) Plaintiff also noted at the end of her Complaint: "Plaintiff makes known her seriousness of the damages sought, and relates the sought amount to ten-million dollars per year, as to[] her being robbed of being a part of the very children she bard [sic] and to have to witness their below average upbringing." (Id.) II. LEGAL STANDARDS A. Motion To Dismiss Generally A Rule 12(b)(6) motion attacks the legal sufficiency of the complaint. See Fed. R. Civ. P. 12(b)(6). The Federal Rules of Civil Procedure require only that the complaint provide "'a short and plain statement of the claim' that will give the defendant fair notice of what the plaintiff's claim is and the grounds upon which it rests." Conley v. Gibson, 355 U.S. 41, 47 (1957), abrogated by Bell Atl. Corp. v. Twombly, 550 U.S. 544, 545 (2007); see also Fed. R. Civ. P. 8(a). 11 While a plaintiff must provide the grounds of her entitlement to relief, Rule 8 does not mandate the inclusion of "detailed factual allegations" within a complaint. Twombly, 550 U.S. at 545 (quoting Conley, 355 U.S. at 47). However, at the same time, "it demands more than an unadorned, the-defendant-unlawfully-harmed-me accusation." Ashcroft v. Iqbal, 129 S. Ct. 1937, 1949 (2009). "[O]nce a claim has been stated adequately, it may be supported by showing any set of facts consistent with the allegations in the complaint." Twombly, 550 U.S. at 563. "[A] court considering a motion to dismiss can choose to begin by identifying pleadings that, because they are no more than conclusions, are not entitled to the assumption of truth." Iqbal, 129 S. Ct. at 1950. "While legal conclusions can provide the framework of a complaint, they must be supported by factual allegations." Iqbal, 129 S. Ct. at 1950. "When there are well-pleaded factual allegations, a court should assume their veracity and then determine whether they plausibly give rise to an entitlement to relief." Id. (emphasis added). The court therefore "accept[s] as true the facts set forth in the complaint and draw[s] all reasonable inferences in the plaintiff's favor." Randall v. Scott, 610 F.3d 701, 705 (11th Cir. 2010). "Under Twombly's construction of Rule 8 . . . [a plaintiff's] complaint [must] 'nudge[] [any] claims' . . . 'across the line from conceivable to plausible.' Ibid." Iqbal, 129 S. Ct. at 1950-51. 12 A claim is plausible on its face "when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Iqbal, 129 S. Ct. at 1949. "The plausibility standard is not akin to a 'probability requirement,' but it asks for more than a sheer possibility that a defendant has acted unlawfully." Id. (quoting Twombly, 550 U.S. at 556). Thus, "[a] district court considering a motion to dismiss shall begin by identifying conclusory allegations that are not entitled to an assumption of truth --legal conclusions must be supported by factual allegations. The district court should assume, on a case-by-case basis, that well pleaded factual allegations are true, and then determine whether they plausibly give rise to an entitlement to relief." Randall, 610 F.3d at 709-10. B. The Standard for a Motion for Judgment on the Pleadings The standard for a Motion for Judgment on the Pleadings is substantially similar to the standard for a Motion to Dismiss. See Rochez v. Mittleton, 839 F.Supp. 1075 (S.D.N.Y. 1993). The court accepts the facts in the complaint as true and draws all reasonable inferences in favor of the plaintiff. See Hawthorne v. Mac Adjustment, Inc., 140 F.3d 1367, 1370 (11th Cir. 1998). The Complaint will not be dismissed "unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief." Id. (internal quotations marks and 13 citations omitted). C. Pro Se Considerations Ms. Scales appears without counsel. Nevertheless, in her responsive briefing, she recognizes and sets out the appropriate standards for the court to apply when a plaintiff appears pro se: A pro se Plaintiff is held to a less stringent standard than those of attorneys[.] Tannenbaum v. United States, 148 F.3d 1262, 1263 (11th Cir. 1998). However, the court does not serve as de facto counsel for a pro se litigant. Hall v. Bellman, 935 F. 2d 1106, 1109 (10th Cir. 1991). In addition the court cannot "rewrite an otherwise deficient pleading in order to sustain an action." GJR Investments, Inc. v. County of Escambia, F1a., 132 F. 3d 1359,1369 (lIth Cir. 1998). Moreover, this Court can only examine the four corners of the complaint. Rieman v, Precisonaire, Inc., 902 F. Supp 232, 233 (M.D. Fla. 1995). The Plaintiff is required to "specify the acts of each defendant which resulted in the alleged constitutional violation." Hayden v. Coppage, 533 F. Supp. 2d 1186, 1197 (M.D. Ala. 2008). Ordinarily, a party must be given at least one opportunity to amend before dismissal of a complaint. Bryant v. Dupree, 252 F.3d 1161, 1163 (11th Cir. 2001). However, the district court need not allow another amendment that would be futile and whereby the Plaintiff has failed to correct the deficient complaint originally filed. Id. See also Ziemba v. Casade International, Inc., 256 F.3d 1194 (11th Cir. 2001) (if more carefully drafted complaint could not state claim, then dismissal with prejudice is proper). Additionally, a court should not hesitate to dismiss a complaint when the Plaintiffs allegation fails as a matter of law. Phelps v. Kapnolas, 308 F.3d 180, 187 (2nd Cir. 2002). (Doc. 47 at 3). The court's analysis of the Complaint and of the Motions To Dismiss proceeds in recognition of these principles. 14 III. ANALYSIS A. Subject Matter Jurisdiction Initially, the court must address the issue of whether it has subject matter jurisdiction. Federal Rule of Civil Procedure 12(h)(3) states that "[i]f the court determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action." Pursuant to Rule 12(h)(3), the court may act sua sponte (on its own motion) to address the issue of subject matter jurisdiction at any time. Howard v. Lemmons, 547 F.2d 290, 290 n.1 (5th Cir. 1977)11 (stating that "there is no doubt that the District Court could dismiss the plaintiff's action sua sponte for failure of federal jurisdiction pursuant to [Rule] 12(h)(3)"). Indeed, "it is incumbent upon [a] federal court[] . . . to constantly examine the basis of jurisdiction, doing so on [its] own motion if necessary." Save the Bay, Inc. v. U.S. Army, 639 F.2d 1100, 1102 (5th Cir. 1981) (citing Rule 12(h)(3); see also Louisville & Nashville R.R. v. Mottley, 211 U.S. 149, 152 (1908) ("[I]t is the duty of this court to see to it that the jurisdiction of the circuit court, which is defined and limited by statute, is not exceeded. This duty we have frequently performed of our own motion."). Defendants assert the court lacks subject matter jurisdiction over some of Ms. 11 In Bonner v. City of Prichard, 661 F.2d 1206, 1209 (11th Cir. 1981) (en banc), the Eleventh Circuit adopted as binding precedent all decisions of the former Fifth Circuit handed down prior to October 1, 1981. 15 Scales's claims due to: (1) the Rooker-Feldman abstention doctrine, and (2) Eleventh Amendment Immunity. The court therefore addresses these issues first. 1. Rooker-Feldman Abstention Under the Rooker-Feldman abstention doctrine, a federal court does not have the power to review the final judgment of a state court. See Exxon Mobil Corp. v. Saudi Basic Indus. Corp., 544 U.S. 280, 284 (2005) (describing Rooker-Feldman as doctrine prohibiting "cases brought by state-court losers complaining of injuries caused by state-court judgments rendered before the district court proceedings commence and inviting district court review and rejection of those judgments"); Biddulph v. Mortham, 89 F.3d 1491, 1495 n.1 (11th Cir. 1996) ("The existence of this state court ruling calls our subject matter jurisdiction into question under the Rooker-Feldman abstention doctrine."). The Rooker-Feldman abstention doctrine also extends to claims that are "inextricably intertwined" with state court proceedings. Powell v. Powell, 80 F.3d 464, 466 ("The doctrine applies not only to claims actually raised in the state court, but also to claims that were not raised in the state court but are 'inextricably intertwined' with the state court's judgment.") (11th Cir. 1996) (quoting D.C. Court of Appeals v. Feldman, 460 U.S. 462, 482 n.16 (1983)). Ms. Scales's prayer for relief necessarily asks this court to revisit or overturn the state court's determination concerning custody of her children, as she asks this 16 court "to have her children returned to her custody." (Doc. 1 at 12). Ms. Scales also appears to seek monetary relief relating to the loss of custody of her children (see id.), which is "inextricably intertwined" with her state court custody proceedings. The court finds that such claims are barred by the Rooker-Feldman abstention doctrine. Accordingly, the Motions To Dismiss are due to be GRANTED on jurisdictional grounds to the extent that they seek dismissal of Ms. Scales's claims to regain custody of her children (and claims for monetary damages related to the loss of custody over her children), and all claims asserted by Ms. Scales relating to the custody of her children (and claims for monetary damages related to the loss of custody over her children) are due to be DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction.12 2. Eleventh Amendment Immunity The Eleventh Amendment prohibits federal courts from hearing claims brought by individuals against unconsenting States. See Pennhurst State Sch. & Hosp. v. Halderman, 465 U.S. 89, 100, 104 S. Ct. 900, 908 (1984). Such suits are barred regardless of the relief sought. See id. ("[A] suit against state officials that is in fact a suit against a State is barred regardless of whether it seeks damages or injunctive 12 Dismissals for lack of subject matter jurisdiction must be without prejudice. See, e.g., Stalley ex rel. U.S. v. Orlando Reg'l Healthcare Sys., Inc., 524 F.3d 1229, 1232 (11th Cir. 2008). 17 relief.") (citation omitted). Similarly, suits against a state agency are absolutely barred by the Eleventh Amendment. See Alabama v. Pugh, 438 U.S. 781, 781, 98 S. Ct. 3057, 3057 (1978). And, because suits against state officials or agents in their official capacity are actually suits against a State, see Pennhurst State Sch. & Hosp., 465 U.S. at 101, 104 S. Ct. 908; Kentucky v. Graham, 473 U.S. 159, 165, 105 S. Ct. 3099, 3105 (1985), such suits are absolutely barred by the Eleventh Amendment when they seek money damages, see Pennhurst State Sch. & Hosp., 465 U.S. at 103, 104 S. Ct. 909. However, the Eleventh Amendment does not insulate state officials acting in their official capacities from suit for prospective injunctive relief to remedy violations of federal constitutional law. See Edelman v. Jordan, 415 U.S. 651, 664–71, 94 S. Ct. 1347, 1356–60 (1974); Scheuer v. Rhodes, 416 U.S. 232, 237–38, 94 S. Ct. 1683, 1687–88 (1974). Here, Ms. Scales has sued the Talladega County District Attorney's Office, the Talladega County DHR, and the Talladega County Juvenile Court. The Complaint alleges that these entities are state agencies. (Doc. 1 at 2.) The State of Alabama has not consented to suit in federal court for any of Ms. Scales's claims. See Tinney v. Shores, 77 F.3d 378, 383 (11th Cir. 1996). And, the Talladega County District Attorney's Office, the Talladega County DHR, and the Talladega County Juvenile Court have all timely raised the Eleventh Amendment jurisdictional bar in their 18 Motions to Dismiss. (Doc. 20 at 5; Doc. 23 at 8; Doc. 101 at 2.) Therefore, all claims against these state agency defendants are due to be dismissed as barred by the Eleventh Amendment. Additionally, Ms. Scales has sued several individual persons (Defendants Giddens, Kilgore, Argo, Carden, Hamlin, Rasco, Elston, Sims, Barnhart, and Price). The Complaint alleges that all these individuals are employees of the District Attorney's Office, the DHR, or the Juvenile Court.13 (See Doc. 1 at 2–3.) Thus, to the extent Ms. Scales has sued these persons in their official capacity, her claims are against the State of Alabama. See, e.g., Hooks v. Hill, 539 So. 2d 157, 159 (Ala. 1988); Ala. Code § 38-2-1 (1975). And, to the extent Ms. Scales's official capacity claims against these individuals seek money damages, her claims are also barred by the Eleventh Amendment.14 Accordingly, the Motion to Dismiss filed by the Talladega County District Attorney's Office, the Motion to Dismiss filed by the Talladega County DHR, and the 13 Specifically, the Complaint alleges that Giddens is the Talladega County District Attorney and that Kilgore and Argo are assistant district attorneys. Carden, Elston, Hamlin, and Rasco are employees of the Talladega County DHR. Sims, Barnhart, and Price are employees of the Talladega County Juvenile Court. 14 Ms. Scales has not yet served Defendants John Elston and George Sims. Therefore, this opinion does not dispose of Ms. Scales's claims against them. However, assuming Ms. Scales is able to properly serve Elston and Sims, her official capacity claims against them for money damages would fail. For that reason, if Ms. Scales decides to replead her complaint, she should not assert official capacity claims for money damages against Elston or Sims. 19 Motion to Dismiss filed by the Talladega County Juvenile Court are due to be GRANTED because the Eleventh Amendment deprives the court of subject matter jurisdiction over Ms. Scales's claims against these Defendants. Further, Ms. Scales's claims for money damages against District Attorney Giddens in his official capacity are due to be dismissed because they are also barred by the Eleventh Amendment. Finally, although Ms. Scales's claims for injunctive relief against District Attorney Giddens in his official capacity are not barred by the Eleventh Amendment, they are barred by Rooker-Feldman abstention, as explained in the preceding section of this opinion. All claims asserted by Ms. Scales against the Talladega County District Attorney's Office, the Talladega County Juvenile Court, and the Talladega County Department of Human Resources are due to be DISMISSED WITHOUT PREJUDICE as barred by the Eleventh Amendment. All claims against Defendants Kilgore, Argo, Rasco, Carden, Hamlin, Barnhart, and Price in their official capacity are due to be DISMISSED WITHOUT PREJUDICE as barred by the Eleventh Amendment.15 All claims for money damages against Defendant Giddens in his 15 Defendants Giddens, Kilgore, Argo, and Rasco in their individual capacities also raised prosecutorial immunity as a defense. Because Ms. Scales's Complaint is a shotgun pleading, the court cannot determine at this time whether these Defendants are entitled to prosecutorial immunity. And, because the court is requiring Ms. Scales to replead her Complaint, the court will not address this defense until Ms. Scales submits an Amended Complaint. 20 official capacity are due to be DISMISSED WITHOUT PREJUDICE as barred by the Eleventh Amendment, and all claims for injunctive relief against Defendant Giddens in his official capacity are barred by Rooker-Feldman abstention. B. Non-Cognizable HIPAA Claim Third, the court finds that Ms. Scales cannot state a cognizable claim for HIPAA violations, as she seeks to do under Claim VII, because—as noted in the Motions To Dismiss—the HIPAA statute does not confer a private cause of action. HIPAA generally provides for confidentiality of medical records and governs the use and disclosure of protected health information by covered entities that have access to that information and that conduct certain electronic health care transactions. See 45 C.F .R. § 164.502. It provides both civil and criminal penalties for improper disclosures of medical information and limits enforcement of the statute to the Secretary of Health and Human Services. 42 U.S.C. §§ 1320d5(a)(1), 1320d–6. "[P]rivate rights of action to enforce federal law must be created by Congress." Alexander v. Sandoval, 532 U.S. 275, 286, 121 S.Ct. 1511, 1519, 149 L.Ed.2d 517 (2001). HIPAA contains no express provision creating a private cause of action. We decline to hold that HIPAA creates a private cause of action, see Acara v. Banks, 470 F.3d 569, 571-72 (5th Cir. 2006), or rights that are enforceable through [42 U.S.C.] § 1983. Sneed v. Pan Am. Hosp., 370 Fed. App'x 47, 50 (11th Cir. 2010) (emphasis added); see also Franklin v. Healthcare Auth. for Baptist Health, 2:09-CV-1075-MEF, 2010 WL 3199641, at *6 (M.D. Ala. Apr. 15, 2010) ("Thus, HIPAA creates no private cause of action or any rights that are enforceable through 42 U.S.C. § 1983. . . . 21 Consequently, the defendants' motion to dismiss the plaintiff's HIPAA claim pursuant to Fed. R. Civ. P. 12(b)(6) should be granted." (citing Sneed, 370 Fed. App'x at 50)). Therefore, as to Ms. Scales's purported HIPAA claim in Claim VII, a more carefully drafted complaint could not state a claim because such a claim is not cognizable under the law. Accordingly, the Motions To Dismiss are due to be GRANTED to the extent that they seek dismissal of Claim VII. Accordingly, Claim VII is due to be DISMISSED WITH PREJUDICE as non-cognizable. C. Pleading Deficiencies Finally, the court addresses the concerns collectively raised in the Motions To Dismiss concerning pleading deficiencies under the plausibility standard of Rule 8. See Twombly, 550 U.S. at 545; Iqbal, 129 S. Ct. at 1949. The court has carefully reviewed the Complaint and agrees that, as drafted, Ms. Scales has failed to state a plausible claim against any of the Defendants because of the shotgun format of her Complaint. (See, e.g., Doc. 17 at 5 ("It is impossible from reading the complaint to discern towards which specific defendants the various causes of action are directed."); Doc. 20 at 8-9 ("The Defendants move the court to dismiss Plaintiff's Complaint because it fails to state with specificity what actions of Defendants Giddens, Kilgore, and Argo are the basis of their claims."); Doc. 23 at 5 ("[Plaintiff]'s 22 Complaint fails to meet the minimum pleading requirements under the Federal Rules of Civil Procedure because each Count contains multiple claims against multiple Defendants without specifying claims made against each Defendant separately to separate counts to allow Defendants to respond."); Doc. 61 at 6 (". . . Plaintiff has simply combined all the Defendants together without delineated claims that go beyond conclusions to sufficiently [put] each Defendant on notice as to the claims against them."); and Doc. 74 at 10 ("Therefore, in order for the court to properly 'strip the case down and identify each claim and defense,' the complaint must be amended to state each cause of action in a separate count." (citation omitted)).) However, in light of Ms. Scales's pro se status, the court will not dismiss Ms. Scales's Complaint without first affording her an opportunity to amend. See Jemison v. Mitchell, 380 Fed. App'x 904, 907 (11th Cir. 2010) ("When it appears that a pro se plaintiff's complaint, if more carefully drafted, might state a claim, the district court should give the pro se plaintiff an opportunity to amend his complaint instead of dismissing it with prejudice."); Langlois v. Traveler's Ins. Co., 401 Fed. App'x 425, 426 (11th Cir. 2010) ("[W]e conclude that the district court abused its discretion by dismissing [a pro se plaintiff's] complaint with prejudice before providing her with an opportunity to amend her complaint."). Therefore, the court finds that all the Motions To Dismiss are due to be GRANTED to the extent that they request a more 23 definite statement, and in all other respects, they will be DENIED WITHOUT PREJUDICE to renew (as necessary) upon Plaintiff's filing of her amended complaint.16 Accordingly, Ms. Scales is required to replead her Complaint consistent with the following instructions. 1. Repleader of Facts and Claims As indicated above, Ms. Scales's Complaint is presently drafted in classic "shotgun" format, meaning that it is of the type that has been repeatedly "condemned" by the Eleventh Circuit Court of Appeals for its failure to comply with the pleading requirements of the Federal Rules of Civil Procedure. See, e.g., Davis v. Coca-Cola Bottling Co. Consol., 516 F.3d 955, 979 (11th Cir. 2008) ("The complaint is a model 'shotgun' pleading of the sort this court has been roundly, repeatedly, and consistently condemning for years, long before this lawsuit was filed."). The typical shotgun pleading is one that "contains several counts, each one incorporating by reference the allegations of its predecessors, leading to a situation where most of the counts (i.e., all but the first) contain irrelevant factual allegations and legal conclusions." Strategic Income Fund, LLC v. Spear, Leeds & Kellogg Corp., 305 F.3d 1293, 1295 (11th Cir. 2002). The term also refers to pleadings that 16 In light of the court's order requiring repleader, the court does not reach at this time the other grounds for dismissal presented in the Motions To Dismiss. 24 are "replete with factual allegations and rambling legal conclusions." Osahar v. U.S. Postal Serv., 297 Fed. App'x 863, 864 (11th Cir. 2008). The Eleventh Circuit has repeatedly condemned the use of shotgun pleadings for "imped[ing] the administration of the district courts' civil docket." PVC Windoors, Inc. v. Babbitbay Beach Constr., N.V., 598 F.3d 802, 806 n.4 (11th Cir. 2010). Indeed, shotgun pleadings require the court to sift through rambling and often incomprehensible allegations in an attempt to separate the meritorious claims from the unmeritorious, resulting in a "massive waste of judicial and private resources." Id. (citation omitted). The Eleventh Circuit thus has established that shotgun pleading is an unacceptable form of establishing a claim for relief. Strategic Income Fund, 305 F.3d at 1296. "Shotgun pleadings make it 'virtually impossible to know which allegations of fact are intended to support which claim(s) for relief.'" Popham v. Cobb Cnty., Ga. Gov't, 392 Fed. App'x 677, 680 (11th Cir. 2010) (quoting Anderson v. Dist. Bd. of Trs. of Cent. Fla. Cmty. Coll., 77 F.3d 364, 366 (11th Cir. 1996)). Generally, the appropriate response to a shotgun complaint is to dismiss it and allow the plaintiff an opportunity to amend to provide greater specificity. Anderson, 77 F.3d at 366. Because Plaintiff is proceeding pro se, however, the court DIRECTS Plaintiff to file an Amended Complaint on or before September 14, 2012. The 25 Amended Complaint MUST comply with Federal Rules of Civil Procedure 8(a),17 8(d)(1),18 10(b),19 and 11(b).20 Specifically, Plaintiff is instructed to comply with the following requirements. Each count in the Amended Complaint SHALL contain no more than one discrete claim for relief. Each count in the Amended Complaint SHALL specifically state the constitutional and/or statutory provision pursuant to which that claim is brought, 17 Rule 8(a) Claims for Relief. A pleading that states a claim for relief must contain: (1) a short and plain statement of the grounds for the court's jurisdiction, unless the court already has jurisdiction and the claim needs no new jurisdictional support; (2) a short and plain statement of the claim showing that the pleader is entitled to relief; and (3) a demand for the relief sought, which may include relief in the alternative or different types of relief. 18 Rule 8(d) Pleading to Be Concise and Direct; Alternative Statements; Inconsistency. (1) In General. Each allegation must be simple, concise, and direct. No technical form is required. 19 Rule 10 Form of Pleadings. (b) Paragraphs; Separate Statements. A party must state its claims or defenses in numbered paragraphs, each limited as far as practicable to a single set of circumstances. A later pleading may refer by number to a paragraph in an earlier pleading. If doing so would promote clarity, each claim founded on a separate transaction or occurrence — and each defense other than a denial — must be stated in a separate count or defense. 20 Rule 11 Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions. (b) Representations to the Court. By presenting to the court a pleading, written motion, or other paper — whether by signing, filing, submitting, or later advocating it — an attorney or unrepresented party certifies that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances:(1) it is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation; (2) the claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; (3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and (4) the denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on belief or a lack of information. 26 AND SHALL indicate whether such claim is brought pursuant to federal or state law. Each count in the Amended Complaint SHALL specifically identify which Defendant(s) are subject to that count, and SHALL set out the specific facts relied upon to support that count, separately as to each Defendant so identified. To meet the minimum pleading requirements, the Amended Complaint must also contain allegations of fact which plausibly support each discrete claim as to each Defendant identified under that claim. Further, Ms. Scales SHALL NOT include any fictitiousparty defendants in her Amended Complaint. See Richardson v. Johnson, 598 F.3d 734, 738 (11th Cir. 2010). 2. Instructions Concerning Specific Claims Regarding any claims over which the court lacks subject matter jurisdiction as determined in this order, Ms. Scales SHALL NOT replead these claims. Specifically, Ms. Scales shall not plead any claims seeking money damages allegedly flowing from, or an injunction contrary to, a state court judgment, as such claims are barred by the Rooker-Feldman abstention doctrine. Similarly, Ms. Scales shall not plead any claims for money damages against the State of Alabama, its departments or agencies, as such claims are barred by the Eleventh Amendment. Nor shall Ms. Scales plead any claims seeking money damages against any officials or agents of the State of Alabama in their official capacities. If Ms. Scales violates the holdings of 27 this opinion as summarized in this paragraph, the court will strike such claims, sua sponte. Additionally, several of Ms. Scales's claims require more specificity in order to state a claim. As to the conversion claim in Count II, the Complaint does not identify what property was converted or towards which party this cause of action is directed. Ms. Scales merely alleges that "[a]s a direct and proximate consequences [sic] of the above described conversion, the plaintiff was damaged as described herein and above." (Doc. 1 at 8). To prove conversion, a plaintiff must establish "a wrongful taking or a wrongful detention or interference, or an illegal assumption of ownership, or an illegal use or misuse." Ex parte Anderson, 867 So. 2d 1125, 1129 (Ala. 2003). Further, "[a] plaintiff must establish that the defendant converted specific personal property to his own use and beneficial enjoyment or that the defendant destroyed or exercised dominion over property to which, at the time of the conversion, the plaintiff had a general or specific title and of which the plaintiff was in actual possession or to which he was entitled to immediate possession." Rice v. Birmingham Coal & Coke Co., Inc., 608 So. 2d 713, 714 (Ala. 1992) (emphasis added). Accordingly, in repleading her conversion claim, Ms. Scales MUST specify which Defendant(s) allegedly wrongfully took her property, and specifically identify the personal property taken. 28 Likewise, Ms. Scales's claims for fraud (Claim III) and misrepresentation (Claim V), as drafted, do not contain sufficient facts to state a claim. Rule 9(b) of the Federal Rules of Civil Procedure specifically requires that "[i]n all averments of fraud or mistake, the circumstances constituting fraud or mistake shall be stated with particularity." Fed. R. Civ. P. 9(b) (emphasis added). "This Rule 'serves an important purpose in fraud actions by alerting defendants to the precise misconduct with which they are charged and protecting defendants against spurious charges of immoral and fraudulent behavior.'" Brooks v. Blue Cross & Blue Shield, 116 F.3d 1364, 1370-71 (11th Cir. 1997) (quoting Durham v. Bus. Mgmt. Ass., 847 F.2d 1505, 1511 (11th Cir. 1988)). To satisfy the heightened pleading standard for fraud claims, a plaintiff "must allege: (1) the precise statements, documents, or misrepresentations made; (2) the time, place, and person responsible for the statement; (3) the content and manner in which these statements mislead the Plaintiffs; and (4) what the defendants gained by the alleged fraud." Brooks v. Blue Cross & Blue Shield, 116 F.3d 1364, 1380-81 (11th Cir. 1997) (emphasis added). In repleading her fraud and misrepresentation claims, therefore, Ms. Scales SHALL specifically state the person(s) or Defendant(s) responsible for the allegedly fraudulent statements; the content and manner in which the statements misled her; and what Defendant(s) gained by the alleged fraud. 29 Additionally, Ms. Scales states several claims for conspiracy. Because a conspiracy claim requires proof that the defendants "reached an understanding" to harm the plaintiff, see Grider v. City of Auburn, Ala., 618 F.3d 1240, 1260 (11th Cir. 2010), Ms. Scales SHALL allege sufficient facts to show an agreement between the Defendants in each conspiracy to harm her in a particular way. And, Ms. Scales SHALL specifically allege which defendants participated in which conspiracy and the specific harm she suffered because of each conspiracy. The court's instructions to Ms. Scales on repleading her Complaint contain the minimum pleading requirements under the Federal Rules of Civil Procedure. Accordingly, failure to comply with these repleader requirements may result in dismissal of any noncompliant claims. See Fed. R. Civ. P. 41(b) ("If the plaintiff fails to prosecute or to comply with these rules or a court order, a defendant may move to dismiss the action or any claim against it.") (emphasis added). 3. Statute of Limitations Concerns The Motions To Dismiss raise statute of limitations concerns that the court generally finds to be well taken to the extent that they raise questions about the timeliness of Ms. Scales's claims pertaining to events that transpired in 2008. (See, e.g., Doc. 17 at 12 (arguing that Plaintiff's federal claims under §§ 1983, 1985, and 30 1986 are time-barred under the applicable one- or two-year statute of limitations); id. at 13-15 (arguing that Plaintiff's state law tort claims are barred by the applicable two-year limitations period)). Ms. Scales responds by first arguing that the Alabama statutes of limitations cited by Defendants do not apply because her claims are in federal court. (E.g., Doc. 47 at 6 ("Plaintiff's complaint is not a state action and is not held to the statute of limitations thereof.")). However, Ms. Scales's argument presents a fundamental misunderstanding of the law. The Alabama statute of limitations squarely applies to her claims that arise under Alabama law, as well as her federal claims arising under sections 1983 and 1985. See McNair v. Allen, 515 F.3d 1168, 1173 (11th Cir. 2008) ("All constitutional claims brought under § 1983 are tort actions, subject to the statute of limitations governing personal injury in the state where the § 1983 action has been brought." (emphasis added)); see also Trawinski v. United Technologies, 313 F.3d 1295, 1298 (11th Cir. 2002) ("When there is no specifically stated or otherwise relevant federal statute of limitations for a federal cause of action, the controlling period would ordinarily be the most appropriate one provided by state law."); id. ("Turning to the Trawinskis' § 1985(3) claim, the district court, following precedent, correctly found that the residual, two-year limitations period for personal injury actions provided by Ala. Code § 6-2-38(l) should apply."); Jones v. Preuit & 31 Mauldin, 876 F.2d 1480, 1484 (11th Cir. 1989) ("We look to Alabama law to determine which statute of limitations applies."). Further, any federal claims Ms. Scales seeks to bring under § 1986 are subject to its one-year statute of limitations. See 42 U.S.C. § 1986 (stating "[b]ut no action under the provisions of this section shall be sustained which is not commenced within one year after the cause of action has accrued."). Second, Ms. Scales contends that her claims are not barred by any potentially applicable statute of limitations because "the acts of the defendant[s] and/or wrongs against plaintiff are a continuing action/wrong." (E.g., Doc. 47 at 6) (emphasis added). However, in her Complaint, as currently drafted, the only events attaching to concrete dates are those that transpired in March and April of 2008. Defendants persuasively argue that claims relating to events that transpired in 2008 would not be timely under any applicable one- or two-year statute of limitations because the Complaint was not filed until March 22, 2012. Accordingly, in repleading her claims, Ms. Scales is cautioned to carefully consider the statute of limitations that governs each of her claims. If, as indicated in her responses to the Motions To Dismiss, Ms. Scales can properly allege facts supporting a "continuing action/wrong" by each of the Defendants, she should describe the specific facts and events, including the approximate dates that would 32 demonstrate the timeliness of her claims separately as to each such Defendant. IV. CONCLUSION Consistent with the foregoing analysis, the Motions To Dismiss are collectively GRANTED IN PART and DENIED IN PART to the following extent: A. The Motions To Dismiss are hereby GRANTED under the RookerFeldman abstention doctrine to the extent that they seek dismissal of Ms. Scales's claims to regain custody of her children (and claims for monetary damages related to the loss of custody over her children). Accordingly, all claims asserted by Ms. Scales relating to the custody of her children (and claims for monetary damages related to the loss of custody over her children) are hereby DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction. B. The Motions to Dismiss by the Talladega County District Attorney's Office, the Talladega County DHR, and the Talladega County Juvenile Court are hereby GRANTED as the Eleventh Amendment bars Ms. Scales's claims against these Defendants. Accordingly, all claims by Ms. Scales against the Talladega County District Attorney's Office and the Talladega County DHR, as well as her claims seeking money damages from Defendants Giddens, Kilgore, Argo, Rasco, Carden, 33 Hamlin, Barnhart and Price in their official capacity, are hereby DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction. C. The Motions To Dismiss are hereby GRANTED to the extent that they seek dismissal of Claim VII for purported HIPAA violations. Accordingly, Claim VII of Plaintiff's Complaint is hereby DISMISSED WITH PREJUDICE.21 D. The Motions To Dismiss are hereby GRANTED to the extent that they request a more definite statement, and Ms. Scales is ORDERED to replead her Complaint on or before September 14, 2012, by filing an Amended Complaint consistent with the specific instructions given in this memorandum opinion. E. In all other respects, the Motions To Dismiss are hereby DENIED WITHOUT PREJUDICE to renew (as necessary) upon Plaintiff's filing of her amended and repleaded complaint. Plaintiff is expressly warned that her failure to timely file an amended complaint that complies with the court's instructions will result in this action being 21 In light of this holding, Plaintiff should not seek to replead her claims for HIPAA violations in her amended complaint. 34 dismissed as to all Defendants with prejudice pursuant to Rule 41 of the Federal Rules of Civil Procedure. Finally, the Clerk of the Court is DIRECTED to forward a copy of this memorandum opinion and order to Plaintiff Latasha Scales, 2140 Howell Cove Road, Talladega, AL 35160. DONE and ORDERED this the 27th day of August, 2012. VIRGINIA EMERSON HOPKINS United States District Judge 35


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Buick Regal GS AWD 2014
Buick Regal GS AWD 2014, Like the handsome, Opel-sourced Regal has come back towards the fore of Buick's renaissance, we wonder how apt the name is any longer. Is today's Regal very "resembling, or fit for any monarch, particularly in becoming magnificent"? Nicely, likely not. However because the re-introduction towards the U. S. marketplace for the actual 2011 design year, the actual car has usually satisfied in your experiences, even winning a head-to-head comparo in GS guise. Currently 2014 is bringing a refresh, during which Buick has re-configured the actual 2. 0-liter turbo four in the guts from the Regals we enjoy most.
The bottom powertrain, a direct-injection, 182-hp 2. 4-liter four along with eAssist mild hybridization, carries more than for 2014. The large shakeup comes inside the turbo-four department. The actual current Regal Turbo and Regal GS use a similar 2. 0-liter turbocharged four-cylinder, however in 2 totally different states of tune : 220 horsepower and 260 lb-ft inside the Turbo and 270/295 inside the GS. No more—the turbocharged four currently can are available one strength, regardless of that badge is on the actual booty of your respective Regal. Rated in 259 horsepower in 5300 rpm and 295 lb-ft in 3000 rpm, the actual new iteration bolsters Regal Turbos by 39 horses and 35 lb-ft, whilst the actual GS is neutered by 11 horsepower. The actual transmission rundown can be as follows : GM's 6T40 six-speed auto is mandatory along with the bottom powertrain, whilst all Regal Turbos can utilize the 6T70 six-speed auto (forget about manual version). The actual latter 'box could be fitted towards the GS, front-drive samples of that could be ordered having a six-speed manual.
In calling out front-drive designs as distinct entries, we currently can segue to what's maybe the very best new item for 2014 : the actual Haldex all-wheel-drive method offered on designs using the 2. 0T and six-speed auto. The internal system shunts energy towards the front wheels naturally, however can transfer around ninety % from the torque towards the rear wheels in case required. Out back again, an electronic limited-slip diff can regulate the actual torque break up from still remaining to correct involving the rear wheels. Buick touts this like a device for each foul climate and enhanced performance, and, therefore devices usually perform, it doubtless can show to mitigate understeer in turn-in. The actual AWD method is currently additionally among the many parameters affected by selecting the actual GS's Sport and GS traveling modes.
Buick Regal GS AWD 2014 Exterior
The Buick Regal GS has always been a very handsome car with premium shapes and panels that seem shrink-wrapped over the huge wheels. While clearly based on the Vauxhall Insignia VXR , the Buick nose actually looks much better than the European versions.
Unfortunately, the black chrome and grey grille will no longer be a GS exclusive as it replaces the chrome grille on the Regal Turbo.
The new headlights are the biggest change. They change the look quite a bit even with the lights off with a wider mounting position for the dark-tinted projector balls. The old lamps had the turn signal outboard of the projector, while the revised lamps have a turn signal element in the lower center corners.
The LED execution is vastly improved. The previous "wing" design (as Buick calls it) was not very bright and not nearly as cool as the latest BMW and Audi models. The new design puts the LED in a wider downward "L" shape directly above the regular lamp.
The GS now shares its headlight design with the Regal Turbo and eAssist but is the only one to come with standard bi-xenon HID bulbs. These new lights have a flash-to-pass strobe feature that sounds pretty useful in clearing the fast lane.
In back, the new trunk and chrome design corrects one of the only issues with the original Regal GS: a tail that seemed very narrow from some angles. The wider taillights look good with LED optics but are not as sophisticated as the latest taillights from BMW and Jaguar.
Buick Regal GS AWD 2014 Galery
Buick Regal GS AWD 2014 Interior
The interior of the GS feels worth the price upgrade alone over the Regal Turbo . This GS trades some gaudy fake wood veneers for a rich black that circles the cabin and panels. Perforated leather shows up on the new steering wheel and the overall finishes feel darker and more serious. Mercifully, the GS comes only in black.
The big news inside is a new center stack design, the addition of two levels of active safety systems, and enhanced IntelliLink connectivity and infotainment features. There's a new center stack for climate and infotainment that looks sharp. The individual auto temperature controls are a nice luxury touch.
The latest generation of IntelliLink is very sophisticated and comes paired with OnStar for a wide range of connected services.
There is good news and there is bad news about the mechanical specs of the 2014 Regal GS. For good news, the six-speed manual continues on the front-drive GS and the new AWD system has an electronically locking differential setup.
The bad news is that peak power is down by 11 horsepower to a new total of 259. Torque stays the same at 295 pound-feet available from just 1700 rpm. This is down quite a bit versus the 325 horsepower turbo 2.8-liter V-6 from the Insignia VXR that sprints to 60 in 5.6 seconds. The previous GS came in at 6.2 seconds for the automatic front-drive model. Official times are not yet available but likely to stay the same for 2014.
Despite the loss in official power, the engine has come a long way since the gritty first iterations of this 2.0-liter turbocharged four-banger first appeared a few years ago.
The new engine builds boost levels faster through new boost solenoid programming that replicates unlimited boost scenarios under even partial throttle loads. This design is like a manual anti-lag system and feels more progressive than the old engine's on or off turbo power. Overall max boost pressure spikes to 24.5 psi at the torque peak from 3000 to 4000 rpm.
Newly-refined ECU programming and numerous mechanical tweaks to the engine promise the same performance as last year with a slight bump in fuel economy. EPA figures are not yet available but the GS may crack 30 mpg on the highway.
Buick Regal GS AWD 2014 Pricing
The GS's 2014 prices have not yet been announced but are expected to rise less than $500 over current 2013 models. The current model is priced just below $36,000 before options (and discounts).
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subset: commoncrawl


text:
Crazy aromas of dried berry, cedar, white truffle and handmade paper character. Full body, with perfect tannin texture and length. A wine that shows incredible depth and power.
(3/ 2014)
Below is a listing of the wine review scores we frequently reference in our notes. While these sources remain an excellent source of information, we always recommend that you trust your own palate. Scores in these publications often represent the personal taste of an individual critic, which may not always coincide with your own. We have a huge team of excellent wine professionals that can match wines you've had in the past with new arrivals that meet your flavor profile.
The item you have chosen can be pre-ordered. Below is the current quantity available
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five minutes old. Additionally, our shopping cart looks at real time inventory so
when you add an item to you cart we will do an immediate check of available inventory
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This product is expected to arrive for shipment or pickup by September 27, 2014.
2007 Mastroberardino "Radici" Taurasi (Pre-Arrival)
2011 Antinori "Solaia" Toscana (Pre-Arrival)
2010 Ceretto "Brunate" Barolo (Pre-Arrival)
2010 Fontodi Chianti Classico (Pre-Arrival)
2009 Contucci Vino Nobile di Montepulciano (Pre-Arrival)


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What is with sororities?
If you're going to school in the US, you probably know what I mean. What is with these guys? Why the hell are they so obsessed with frikking greek letters? Have you looked at the names they have? — Sigma Chi, Alpha Beta Kappa, Delta Sigma Chi — the list is endless. How do they come up with these names anyways? Do they have a program that picks out random permutations of capital Greek alphabets? Do they have any meaning at all behind these seemingly random names? And do these names anyway relate to the fact that some of these sororities and fraternities are female only or male only.
So I thought I'd do some [[http://www.wordiq.com/definition/Fraternities_and_sororities|Googling]]. As it turns out, [[http://www.wordiq.com/definition/Phi_Beta_Kappa_Society|oldest sorority]], [[http://www.pbk.org/|Phi Beta Kappa]] actually had a very sound reasoning behind its name. Maybe the rest of them do too, but I don't know — and given the vast number of them out there, I seriously doubt it.
I [[http://www.wordiq.com/definition/Fraternities_and_sororities#Lists_of_Fraternities_and_Sororities|found out]] that PBK's name stands for Φιλοσοϕια Βιου Κυβερνετης (philosophia biou kubernetes), "Love of wisdom, the guide of life." — which makes sense atleast. In anycase, I've totally missed on the whole undergrads and sororites business since none of this exists at IITK — well atleast none that I know of. I bet it must be fun; interesting at any rate.


text:
Fans will return to the Farscape universe in an original Web series, set to be released on SCIFI.com. The 10-part series is executive produced by Brian Henson and Robert Halmi Jr. and produced by The Jim Henson Company in association with RHI Entertainment. "The series will revive and expand the beloved Farscape universe," according to the network.
The executive producers of Sci Fi Channel's "Battlestar Galactica," which will kick off its fourth and final season next year, said plans for the show's demise have been in the works for more than a year.
"Heroes: Origins," a spin-off series of this season's breakout hit that will, at least temporarily, replace "Heroes" on NBC's Monday night schedule.
U.S. viewers need wait no longer! Stargate SG-1 and Stargate Atlantis return to SCI FI Channel tonight, April 13, at 8 p.m. Eastern/Pacific
The working concept for the third Stargate television series includes the Stargate's ninth chevron.
"The working title of the third Stargate television series has been unveiled! The series currently exists in the form of a one-page treatment of the story and characters, with the title Stargate Universe, executive producer Robert C. Cooper told GateWorld exclusively."
It won't come back until January at the earliest, but "Battlestar Galactica" fans do have something to celebrate now: A 22-episode fourth season.
Battlestar Galactica may be making its final landing after next year.
The creators of Sci Fi Channel's acclaimed space opera are considering ending it after its fourth season, according to studio sources….
And here's the preview of what's going to make us wait for 7 weeks..
"They saw the future, They save the Cheerleader, Now it's the to Save the World!!!â€
03.01Heroes Character Map
All relations between Heroes Characters at a glance, up to date until episode 17 "company man"


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Our room was clean and comfortable. Staff and service were excellent. Included breakfast very good. Pool is clean and quite."
We found the hotel to be reasonably priced and met our needs for one night quite nicely."
Staff at the front desk were terrific, helpful, knowledgeable, accommodating and gracious."
Could not have been better cared for. Prior to registration I had a fall, had to go to Emergency. Upon return to the hotel they were more than helpful in being sure I was alright, assisted with luggage etc. The late check out was most appreciated.Thank you for turning a difficult time into a pleasant one. God bless."
I have been there before and found it comfortable. Could cancel or get there because of weather and personal reasons."
we had to move from our initial room because it was inadequate.When they ealized that the bboking was through you we were moved to a very good room."
We loved the location and the friendliness of the staff. The rooms were good for a ski resort and the heated outdoor pool was a nice way to end a day of skiing. The only knock I have is the lack of electrical outlets in the room. In this day and age, you HAVE to have more than one outlet for people to charge their phones, computers, etc.! Despite that, it was a nice stay!"
Staff was extremely courteous and friendly. Nice pool and hot tubs (both indoor and outdoor). Room was spacious and comfortable. Nice touch was a DVD player and a good library of films that you could borrow from the frontdesk. Decent breakfast included. Very nice view from my 2nd floor room. Certainly convenient to the ski resort but I was actually there in the summer and interested in visiting Woodstock VT. To me it was a pretty convenient location given the excellent summer rates and the fact that it's a very pretty and not overly long drive between the hotel and Woodstock."
We got a great rate that was half of what you'd find for a Vermont hotel in the summer time. But the low price doesn't indicate any drop in quality. You had a comfortable room, great wifi and good breakfast. Parking can be a little cramped but we found a space. I'd have no hesitation about returning."
Our room on the first floor served our needs very well. If you want true luxury, pay more elsewhere. It was very clean and the mattress was nice. It lacked a hairdryer and a refrigerator. The pool area had been newly painted, but had no hot tub. The breakfast nook had scrambled eggs and sausage along with the quick stuff. The staff at the front desk and breakfast area were friendly and helpful. We would stay again. Location close to Route 4. Ponderosa-Friendly's, Denny's and other restaurant. Diamond Run Mall almost vacant."
We had stayed at this hotel before during the ski season, and now back for a wedding. The rooms are very large and an amazing bed soo fluffy. We didn't have time for the hot tub but we knew it was calling our name. The only complaint was that the free breakfast was one floor up and in some tiny conference room with 4 tables jammed in a room. I piled up as many waffels and muffins as I could and brought them back to the room where it was more comfortable. You can bet we will be back again one day, and they had free toms toothpaste which we grabbed a few samples! its not the best toothpaste but we took em :)"
Great place and helpful staff. Noisy air conditioner is the only complaint."
You have sent Vermont hotels to:


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Additions and/or corrections to the database are encouraged! Simple Add/Edit Procedure.
|BIG Map |
|Driving Directions |
|Data Source - USGS GNIS FID: 1213402
McKees Rocks, PA
(1.4 miles WSW)
Bellevue, PA (1.9 miles NNW)
Manchester, PA (1.4 miles SE)
Esplen, PA (1.4 miles SSW)
North Side, PA (1.9 miles ESE)
West End, PA
(1.9 miles S)
Sheraden, PA (1.9 miles WSW)
Elliott, PA (1.9 miles SSW)
Corliss, PA (1.9 miles SW)
West Park, PA (1.9 miles W)
Brighton Heights, PA
(< 0.1 mile)
Marshall Shadeland, PA (< 0.1 mile)
California Kirkbride, PA (1.4 miles ESE)
Perry Hilltop, PA (1.4 miles ESE)
Perry North, PA (1.4 miles NE)
Woods Run, PA
(1.4 miles E)
Chartiers, PA (1.9 miles WSW)
Fineview, PA (1.9 miles ESE)
Allegheny Center, PA (2.4 miles ESE)
Windgap, PA (2.4 miles WSW)


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BOSTON – Five Sailors assigned to USS Helena (SSN 725) participated alongside service members from all branches of the military in honoring the nation during pregame ceremonies at the NHL Winter Classic Jan. 1.
The event was seen by 38,112 fans at Fenway Park and approximately 5.6 million television viewers.
Helena Sailors donned their dress blues for the occasion and were treated to seats near the visitor's bullpen after their pregame obligations were complete.
Military representatives held lines securing the display of the US and Canadian flags draped over the "Green Monster."
Sonar Technician Second Class Brian Lake commented on the experience saying, "It was an honor to represent our country and the submarine force in front of millions of people."
Initially it seemed to be a tall order for the third annual outdoor hockey match to live up to the pregame hype and the iconic venue, Fenway Park, where it was hosted, but the game did not disappoint. It turned out to be an overtime thriller with the Boston Bruins securing the win over the Philadelphia Flyers in the extra period, 2-1.
Chief Machinists Mate Mike Haraburda simply iterated, "It was awesome! I was thrilled to be a part of it."
The previous two Winter Classics were held in Chicago and Buffalo, respectively, featuring the Chicago Blackhawks versus the Detroit Red Wings and the Buffalo Sabres versus the Pittsburgh Penguins.
The outdoor hockey concept is relatively new to the NHL, despite many players having been brought up playing outdoors on frozen ponds and lakes. Although fairly novel, the event has proven to be extremely popular among hockey fans since its inception, selling out each time with tickets disappearing in less than a day after becoming available.
Since landing in New England in September of last year, Helena Sailors have participated in a number of community and volunteer events providing first-class representation for their command, the U.S. Navy and the country.
Helena, a Los Angeles-class submarine named after Helena, Mont., was commissioned on July 11, 1987. Her motto is "Proud and Fearless."
US Navy Recruiting | No Fear Act | FOIA | USA.gov
US Navy | US Marine Corps | Navy Reserves
Individual Augmentee | Section 508/Accessibility


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Watch interviews with key players in the chemical industry with ICIS TV and keep up with the major news stories covered by ICIS with our podcasts.
ICIS webcasts are seminars that take place online. Industry experts and ICIS editors share their views on relevant issues and topics that are affecting the chemical industry.
They will help you understand and make sense of the issues and give you ideas that you can implement in your own business.
You can watch a webcast by registering free of charge in advance of the broadcast.
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NIACC makes registering for classes simple by giving you the options to register one of three ways.
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The sys admin's daily grind: SPL
All the World's a Stage
This is the ultimate programming language for decelerated feature page readers and the counterpart to agile software development: the Shakespeare Programming Language.
You that choose not by the view. Chance as faire, and choose as true.
Even though "To be or not to be" translates to a really neat regular expression – /(bb|[^b]{2})/ – the link between Shakespeare and sys admins isn't immediately apparent.
But as the playwright once wrote: "A good wit will make use of any thing." So, let's set aside Perl and Bash for a short while and look at a programming language that is full of drama and poetry.
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Tag Cloud
Fedora Developer Announces New Partition Manager
New tool will look like GParted but support a wider range of storage technologies.
Mozilla Releases a New Firefox
New public key pinning feature will help prevent man-in-the-middle attacks.
Tool Predicts Which Websites Will be Compromised
Carnegie Mellon researchers say 3 million pages could fall down the phishing hole in the next year.
SSH Key Management Guidelines
The US government rolls new best-practice rules for protecting SSH.
Knoppix 7.4 Released
Klaus Knopper announces the latest version of his iconic Live Linux system.
PHP Attack Puts WordPress and Drupal at Risk
All websites that use these popular CMS tools could be vulnerable to denial of service attacks if users don't install the updates.
Heartbleed Bleeds On
According to a report, many potential victims of the Heartbleed attack have patched their systems, but few have cleaned up the crime scene to protect themselves from the effects of a previous intrusion.
Drone Brain Goes Open Source
DARPA and NICTA release the code for the ultra-secure microkernel system used in aerial drones.
Password Management Services Vulnerable to Attack
Should you trust an online service to store your online passwords?
New Raspberry Pi Adds Two USB Ports
New B+ board lets you build cool things without the complication of a powered USB hub.


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CVS Caremark Jobs in Richardson
Currently, there are no CVS Caremark jobs available in Richardson, Texas. You may wish to explore jobs in nearby locations on the CVS Caremark jobs in Texas page or view related jobs below.
Great opportunity for individuals who enjoy customer service! We have numerous upcoming openings in the call centers for CVS Caremark over the next few months. Competitive pay and excellent benefits! The Customer Care Representative (CCR) is an important first-line of contact with our customers, setting the tone for how our company and services are experienced. They provide participants with the r...
OPEN HOUSE WHEN: September 10 & 11 9:00 a.m. to 7:00 p.m. on Wednesday 9:00 a.m. to 3:00 p.m. on Thursday Please Apply to our on-line career site at: Http://Careers.CVSCaremark.com Search for Job ID 165238 for Customer Care Great opportunity for individuals who enjoy customer service! We have numerous upcoming openings in the call centers for CVS Caremark over the next few months. Compet...
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Welcome to the Web site of the Chicagoland Chapter of USA Dance, formerly the United States Amateur Ballroom Dancers Association. Here you'll find information about our organization, ballroom dancing and related events in the Chicago area.
Thank you for your visit!
USA Dance is a 501c3 non-profit organization of nearly 20,000 members, 162 chapters. It is the National Governing Body for DanceSport in the United States and a member organization of the U.S. Olympic Committee and the World DanceSport Federation. Chicagoland Chapter 2001 is dedicated to promoting ballroom dancing as both a recreational activity for social dancers and as a competitive sport for Dancesport athletes.
Our chapter holds a monthly dance in Franklin Park (near O'Hare airport) with admission discounts for members. We host the Chicago DanceSport Challenge Championship Competition each year. A gala dinner dance is held each year that features championship quality entertainment to cap the year's activities.
Enhance your dancing skills
Dance Workshop!
Sept 13, 2014 2–5 PM
The Centre at North Park
Attend 1, 2 or all three hours to learn new techniques that will enhance your social dance skills.
Professional instructors will show you more advanced techniques in styling, partnering, lead/follow, Latin motion, musicality and more. Patterns will be used only to help in learning these techniques. Each session will be one hour long, and each instructor will teach the same technique each hour so you can mix the workshops in any order.
Cost is $15/hour (members), $20/hour (non-members) and $10/hour (students). Cost for all three hours is $30/hour (members), $40/hour (non-members) and $20/hour (students). All fees are payable at the door.
Instructors will be Greg Rykowski, Jaana Lillemagi and Susan Cole.


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Gilead's Blog
Gilead's Blood was the first time we properly collaborated on a book. Hammers of Ulric was our second effort. Curse was a wonderful opportunity to return to such a powerful character as Gilead, and it has demonstrated to us that we can have as much fun working together as we have living together
Labels: Black Library, collaboration, Dan Abnett, elf, fantasy, Gilead's Blood, Gilead's Curse, Hammers of Ulric, Nik Vincent, Warhammer


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Happy Birthday Hope!
(Source: hopessolo)
Hope Solo - Nike
I'm exhausted so I'm headed off to crack open a good ol fashioned book and enjoy a beer out in the breezeway and then head to bed. It's my way of finding my zen.
So I leave you with pics of Ms. Solo finding hers.
UGHDJSKFGSAHDSGFASFGDSF (inhale) i wonder if she ever goes to any of her sister's yoga sessions…. but UNFFFF regardless
@heidiburgett: @CarliLloyd Thanks for making the time to visit your Nike family, we appreciate you! cc @HopeSolo http://t.co/1Kn2M4Em
(Source: livejustliketheuswnt09)
"My confidence comes from the daily grind…training my butt off day in and day out." ~Hope Solo


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I completely forgot to post a 13-month photo, so here it is, very belated. Jack turned 13 months old on March 8. Then, last week, he finally moved from walking while holding someone's hand to just walking—everywhere. As with everything he does, he waited until he knew he could walk like a pro before he tried to do it on his own. He's a little perfectionist, just like his Mama. For better or worse.
It Begins
Tomorrow is my first day home with Jack, just the two of us. We have our first play date tomorrow, too.
I was looking back at my to-do list, and I really sort of failed on every item.
1. The backyard: This is a two-parter. First, I need some trellises to put up and some vines to grow on them. Then, I need to plan our garden for this year and start planting. I found Smart Gardener on Pinterest, and I'm so excited to use it.
The garden has made a small amount of progress. I have asparagus plants, courtesy of my mother, that are yet to be planted. I have soil.
2. Finishing projects: There are so many home improvement things around the house that need to be finished or started. Here's just a few of the highlights:
- Finish wallpapering the bathroom (yeah, that's really still not finished)
- Paint the baseboards and repaint the shelves in the kitchen
- Paint the formerly green room upstairs
The bathroom wallpaper remains unfinished. Painting the green room was stalled when I discovered more wall damage. (Seriously, will this ever end?) Painting in the kitchen hasn't started.
3. Organize the kitchen cabinets and pantry (more about the details of this later)
I started on the pantry reorganizing project by changing the switch in the pantry to an outlet and switch (so we can put the microwave in there). Actually, I started the project and realized we needed some extra wire, so Keith finished it. But I still feel like I contributed.
4. Lesson plans and projects: I need to gather supplies and make things for Jack and I to use for his lessons. I am a former teacher, after all, so we're going to have our own little school in our house. I'm excited to make some educational stuff for Jack, including the DIY quiet books pictured above.
I've planned some stuff for Jack and me to do, but not enough. I have to give myself points for pretty much single-handedly organizing a playgroup for my neighborhood. I am not the type of person who organizes people, so this is a shocking development. I seriously failed at completing my list, but I did do some worthwhile things.
The $2,000 Challenge
I know the house will never be finished. It will always be a work in progress. But there are certain things I can do to make it feel more complete. So I made a proposal to Keith: Let's set aside $2,000 for me to "finish" the house. The $2,000 includes everything except replacing the front and back doors—because those are projects I can't do. I'm going to frame and hang art in every room, create a hanging lantern chain like the one pictured above to add light to our dark living room (I actually already have it mostly done), get chairs and a side table for the living room, buy bedside tables for the bedroom, finish all the little painting projects around the house, and do lots of landscaping and gardening stuff.
I also have some fun DIY projects planned that have nothing to do with finishing the house. I will share one of those tomorrow (and I'm absurdly excited about it).
One last thing. I have to keep my budget under $2,000, so I've got to keep up with what I'm spending. So far, this is what I've spent:
3 paper lanterns from Ikea: $15.00
2 extension cords from Ikea: $6.00
2 picture frames from Ikea: $20.00
Total: $41.00
Not bad.


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MMRF Endurance Events
Triathlon Training Tips - Week 16
Week #16 - The Final Week
It's almost here. I don't know about you, but I am starting to get really excited for the big day. Since you will all be swimming, biking and running much less next week and will therefore have much more time on your hands, here's how you will occupy that time.
Get all your gear together: Assemble anything and everything you will need for your race. Try on your entire race outfit and go for a short swim, bike and run. You will want to try out your clothes and gear and simulate your race with the exact clothing that you will wear on race day. Do not leave anything to the last minute. Nothing adds to potential tri stress like running around the day before trying to buy a bike helmet or wetsuit and they are nowhere to be found.
Stretch: Use the extra time you have since you are not training as much this week to loosen up those muscles that have become tight from months of hard work. I will often spend up to an hour each session stretching the week before a race.
Visualize Success: Sit back, throw on your iPod and visualize the perfect race. Envision yourself doing all three legs of the triathlon — standing at the start line feeling excited, but not nervous, to get in the water. See yourself swimming nice and relaxed. Picture yourself on the bike filled with energy. Visualize that final mile on the run when you know that you are almost there and see yourself "putting down the hammer," giving all you have left. See yourself crossing with arms raised and a huge smile on your face.
Relax: The work is done. The best thing that you can do now is rest, rest, rest. When it comes to workouts now the rule is, "When in doubt, leave it out."
Congratulations on making it this far!
These tried and true (and free!) online tools will help you meet your goals
Get access to athlete Tom Holland's triathlon training resources


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quote:We also wanted to clear up any confusion about Cisco's 'opt in' practices. Cisco Connect Cloud was delivered only to consumers who opted in to automatic updates. However, we apologize that the opt-out process for Cisco Connect Cloud and automatic updates was not more clear in this product release, and we are developing an updated version that will improve this process.
2 recommendations
Great! Now it's necessary to place a Cisco home router behind a firewall to avoid the manufacturer screwing with it. --Zach
Every vendor is out there racing to control everything plugged into your house. This is the network guys, the wireless guys, the cable companies, etc. They need to find revenue in no growth markets.The wireless guys need to kill you on data, and smartphones.The wireline guys want your home automation, your refrig, and anything else that can connect.Cable guys are Mad Men, still in the 50-60's but they are emerging slowly.Cisco wants to own the same and when they say free, they mean free until you are dependent upon it, and then they charge you dearly.I work in IT, I see people fall into this trap daily and it's no different than a guy buying a $3m box or a $100 gateway.It seems that there NEEDs to be some legislation to protect consumers because I'm sorry nobody can read the 40 pages TOS for every single item and make a decision. Even if Cisco doesn't farms and resell your data doesn't mean that the guy after Chambers won't. They will. Big Data is big $$$.


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Shut down the city of London!
- Russiatoday
- uploaded: Dec 15, 2011
- Hits: 893
Watch the full Keiser Report E223 on Thursday.Every week Max Keiser looks at all the scandal behind the financial news headlines. This week Max Keiser and co-host, Stacy Herbert, discuss re-hypothecating Alec Baldwin's cake and eating it, too. And, as Al Capone before him, JP Morgan's Jamie Dimon complains of the thankless task of being a 'public benefactor.' In the second half of the show, Max talks to Reggie Middleton about German debt and MF Global. KR on FB: www.facebook.com
2 comments
Pitbulterrorist December 15, 2011 2:48:49 PM CET
i wonder who's paying this guy to say shit. he ain't got a clue what he's talking about. britain was never going to give germany and france thier power. after fighting them off for decades, yeah just give it them on a plate. europe is sinking, britain is not. why should britain pay for everything. if britain was in trouble it would have agreed to europe.
Dagnamski December 15, 2011 10:09:56 AM CET
This is bullshit reporting. Britain dropped out because being in control of your own finances, rather than being in the Euro, which they were not anyway would be far worse. Why should British taxpayers pay for the Fuck up's the rest of Europe made when they were not in the Euro system anyway? That is the real story. Look at this dickhead 'clever' guy. The banks he is talking about are mostly American or European operating out of London.


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A 15-year-old young man from Tampa was killed early Sunday when he lost control of his vehicle on the Laurel Street Bridge.
Roderick Williams' car struck a guardrail, flipped over and landed in the Hillsborough River. It sank approximately 20 feet. Emergency Service Personnel with Tampa Fire Rescue got the teen out of the vehicle but it was too late.
He was pronounced dead at the scene.
According to a Tampa Police Department report the incident occurred at approximately 4:40 a.m.
Williams was traveling east on the bridge at the time of the crash. Members of the TPD Dive Team removed the vehicle from the water.
The bridge was closed for several hours as officers collected evidence. The official cause of the incident is still under investigation.
FOX 13 / WTVT-TV3213 West Kennedy Blvd.Tampa, Florida 33609Main: (813) 876-1313Newsroom: (813) 870-9630Fax: (813) 871-3135