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United States District Court, S.D. Ohio, Eastern Division
May 8, 2017
Mohammad S. Galaria,, Plaintiff,v.Nationwide Mutual Insurance Company, Defendant. Anthony Hancox, Plaintiff,v.Nationwide Mutual Insurance Company,
Terence P. Kemp United States Magistrate Judge.
reflected in Magistrate Judge Abel's order filed in these
consolidated cases on December 16, 2013, these cases arise
out of the 2012 theft of Plaintiffs' personal
identifiable information from Nationwide's computer
network. After the cases were filed, Nationwide sought a stay
of discovery because it moved to dismiss based on lack of
Article III standing and for failure to state a claim.
Nationwide also argued that the discovery requests at issue
were unduly burdensome. Judge Abel concluded that Nationwide
had not met its burden to show that a protective order was
warranted. He denied the motion while noting that Nationwide
could always seek a protective order if it deemed any future
discovery requests to be improper.
after that order was issued, the Court granted
Nationwide's motion to dismiss. After a motion to alter
or amend judgment was also denied, Plaintiffs appealed. In an
order dated September 12, 2016, the Court of Appeals reversed
and remanded, concluding that Plaintiffs had standing to
assert claims under the Fair Credit Reporting Act, but
leaving it to this Court to determine if they had stated a
claim under that statute. Following the issuance of the
mandate, Nationwide filed a second motion to dismiss, arguing
that the complaint failed to state a claim under the FCRA
(and that, in fact, this Court had already so held) and that
Plaintiffs also failed to plead a viable claim under either
negligence or bailment theories. Plaintiffs responded by
moving to amend their complaint and asked the Court to stay
briefing on the motion to dismiss pending a ruling on that
request, which the Court has done. The motion for leave to
amend is now fully briefed.
As part
of the proceedings on remand, the parties asked for a
discovery conference, which was held on February 16, 2017. It
was agreed that Nationwide could move for reconsideration of
Magistrate Judge Abel's motion declining to grant a stay
of discovery and that the motion would be decided by the
undersigned Magistrate Judge. That motion has been filed and
is fully briefed. For the following reasons, the motion will
be denied.
argues, in its motion, that there are two primary reasons why
the order should be reconsidered. First, it points to what it
characterizes as a change in the law, by which it means the
amendments to Fed.R.Civ.P. 26(b) which became effective on
December 1, 2015, and which place an added emphasis on
proportionality as a factor to be considered in determining
the proper scope of discovery. Second, it contends that the
procedural posture of the case has changed because the Court
of Appeals did not disturb this Court's conclusion that
Plaintiffs failed to state a claim under the FCRA. Given
these changes, and in light of the broad nature of
Plaintiffs' discovery requests, which seek information
about Nationwide's computer system and security measures
dating back to 2008, it argues that the Court should now
exercise its discretion to stay discovery pending resolution
of the competing motions to dismiss and for leave to amend.
their response, Plaintiffs contend that there is no sound
legal basis for reconsidering Judge Abel's order. They
argue that neither the change in the posture of the case nor
the change in Rule 26(b) are the types of circumstances which
justify altering a prior, and not clearly erroneous,
decision. They also deny that their claims are likely to be
found without merit and assert that the question of whether
Nationwide "furnished" the stolen information in
a way that creates liability under the FCRA is a factual one
and cannot be decided on the basis of motions directed to the
pleadings. In reply, Nationwide argues that it has met the
standard applicable to the Court's reconsideration of
interlocutory orders governing discovery, and that nothing in
Plaintiffs' brief alters the fact that both the change in
Rule 26(b) and the fact that Judge Watson has already
rejected Plaintiff's FCRA claim on its merits favor a
stay of discovery.
short summary of the posture of the case provided above
accurately conveys the essence of the Court of Appeals'
ruling, but some additional explanation of Judge Watson's
two orders (the order dismissing the case, and the order
denying the motion to alter judgment) is necessary. It is
also important to note that when Judge Abel issued his order
denying a stay of discovery, neither of those rulings had
been made.
the Court granted the motion to dismiss, it made several
rulings, one of which was the ruling on standing which was
reversed by the Court of Appeals. The Court also held,
however, that the allegation made by Plaintiffs that
Nationwide failed to adopt policies or procedures that would
safeguard their personally identifying information from theft
did not violate any of the provisions of the FCRA. The Court
declined to reconsider that ruling in the order denying the
motion to alter judgment, and the Court of Appeals'
decision did not directly address this Court's conclusion
on that issue, noting only that the conceptualization of the
issue as one of "statutory standing" was
incorrect, and that the real issue under the FCRA was whether
the Plaintiffs had stated a claim on which relief could be
granted. The Court of Appeals expressed no opinion on that
matter, confining its ruling to jurisdictional issues. In its
renewed motion to dismiss, Nationwide argues, among other
things, that the complaint (as well as the amended complaint
tendered with the motion to alter judgment) does not state a
claim under the FCRA both because it does not identify any
statutory violations and because Nationwide did not
"furnish" the information in question to anyone
else simply because it was stolen from the Nationwide
computer system. As noted, both that motion and
Plaintiffs' motion to amend - a motion which would allow
Plaintiffs to add allegations about an attempted identity
theft relating to Mr. Galaria as well as claims under Ohio
and Minnesota statutory law - are pending, with the latter
being fully briefed.
Court has written extensively about the principles governing
motions to stay or limit discovery during the pendency of a
case-dispositive motion, and it would serve no purpose to
repeat those statements here in any depth. The short version
of that story is that the Court does not routinely stay
discovery when the moving party has filed a
"garden-variety" motion to dismiss which faces an
uncertain reception by the District Judge. See, e.g.,
Peters v. Credit Protection Ass'n LP, 2014 WL
6687146, *3 (S.D. Ohio Nov. 26, 2014). Even when the proposal
is to stage, rather than stay, discovery, similar principles
are involved. See Heartland Jockey Club Ltd. v. Penn
National Gaming, Inc., 2009 WL 5171829 (S.D.
Ohio Dec. 21, 2009). That case is also instructive on another
point: although Nationwide makes much of the fact that Rule
26(b)(1) was amended during the pendency of this action, that
amendment adds little of substance to the cost-benefit
analysis which was already mandated by Rule 26. As this Court
said in Heartland, supra, at *4, the
pre-2015 version of the Rules "mandate[d] the
performance of a cost-benefit analysis when one party objects
to discovery as being unduly burdensome or disproportionate
to the matters at stake in the litigation. See,
e.g., Fed.R.Civ.P. 26(b)(2)(C) (listing as factors to be
considered in such an analysis whether 'the discovery
sought is unreasonably cumulative or duplicative' and
whether 'the burden or expense of the proposed
discovery outweighs its likely benefit, considering the needs
of the case, the amount in controversy, the parties'
resources, the importance of the issues at stake in the
action, and the importance of the discovery in resolving the
these principles in mind, the Court turns to its analysis of
Judge Abel's decision. He considered many, if not all, of
the same arguments which the parties make in the memoranda
filed in connection with the motion to reconsider. After
doing so, he concluded that Nationwide had failed to meet its
burden to show that the discovery at issue was unduly
burdensome. He noted that Nationwide did not support its
motion with any evidence as to how costly or time-consuming
responding to the outstanding discovery would be; that it did
not respond to Plaintiffs' argument that it may already
have gathered much of this information as part of its
response to the breach of security which occurred; and that
Nationwide still had to incur the cost of preserving the
information at issue once litigation was threatened or filed,
and that it had not shown that producing the same information
would add an unreasonable burden to its litigation costs. He
did not attach much, if any, importance to the pendency of a
motion to dismiss, but he did leave open the possibility that
once discovery began, if concrete disputes about the
legitimate scope of discovery arose, the Court would be open
to resolving them. See Doc. 34.
in Judge Abel's approach to the issue strikes the Court
as unreasonable, either given the circumstances which existed
when he issued the order or the current circumstances.
Nationwide's motion to reconsider still does not provide
the Court with any particularized showing of how much it
would cost, or how much time it would take, to respond to the
discovery requests at issue. Nationwide has taken the
position, at this time, that it will not provide any
discovery at all until the Court orders it to do so, but that
does not mean that some amount of discovery, consisting of
less than everything which Plaintiffs have asked for, might
not be reasonably related and proportional to the issues and
amount at stake in the case, or that Nationwide should not be
directed to attempt to work out an agreement to provide
information and produce documents in a way that keeps the
case moving while still acknowledging the possibility that it
may not progress beyond the pleading stage.
Court does not totally discount Nationwide's argument
that its motion to dismiss may be more likely to be granted
in this case than in the routine case because Judge Watson
has already expressed an opinion about the merits of the FCRA
claim. That does not change the fact that the Court of
Appeals declined to use that ruling as alternate grounds to
affirm, or that the Court of Appeals' standing analysis
(and its critique of this Court's ruling on the statutory
standing issue) might not have some impact on the ultimate
disposition of the motion to dismiss. Further, it does not
account for any arguments made in support of the motion for
leave to amend, which will require fresh consideration.
Consequently, Judge Abel's decision not to give much
weight to the pendency of a dispositive motion was also
reasonable, and the Court adopts it as well.
For all
of these reasons, the motion for reconsideration (Doc. 74) is
denied. Nationwide shall, within 21 days of the date of this
order, arrange for a meet-and-confer conference at which it
shall make a good faith proposal about how much of the
requested information most relevant to the Plaintiffs'
claims can be produced promptly and without unreasonable
expenditures of time or money. If the parties cannot agree on
the scope and ...
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text:
It began that fateful day, August 22nd. We were eating dinner, and I happened to glance out the kitchen window and see, um, a pigeon sitting calmly on our deck table.
"Um, there's a pigeon outside," I said, completely bewildered by the presence of a pigeon anywhere in the vicinity of where I live. Needless to say, dinner was abruptly halted as we all gazed out the window at the pigeon standing on the table.
He was actually quite a lovely pigeon, not one of the ugly, dirty ones you find in cities. His body was a light shade of grey, with a dark grey stripe across his wings. His head and tail were dark grey, and his neck had a patch of almost-iridescent purple and green. He watched us curiously through the window, but didn't seem to be afraid of us at all. He was, as made clear by the yellow tag around his ankle, a racing pigeon.
By reading the tag and doing a little research on the Internet, we discovered that he was from a pigeon racing club in a town called New Tripoli, in Pennsylvania, on the other side of Allentown. My dad, who knows more about geography than both my mother and I, told us that Allentown is about 5 hours from here by car. Quite a long way for a little pigeon to fly, although we've learned that some pigeons can fly up to 50 mph!
My mom called the leader of the club, who knew to whom this pigeon belonged. According to this man, eventually it would be rested up and would fly back home. In the meantime, as we read on a website explaining what one should do with a lost pigeon, we should feed the bird, whom we named Bert, in honor of Sesame Street's resident pigeon fanatic, who happens to be very well-loved in our house, un-popped popcorn and grains with some water until he was rested enough to fly back home. We could also box him and take him several miles away and let him go, but we decided to let him be.
We assumed he would fly away after a few days, after resting for a while on our deck (while also pooping all over the place, including his water dish and food plate. Appetizing). After all, that was what the man had told us. Apparently Bert either had lost his way home or did not want to return there, because he never left. He would fly away for a couple of hours, but he kept returning to eat some food and rest on our porch table.
Four days later (he was supposedly supposed to leave after two or three), my mom headed downstairs and peered out the window to check if Bert was still there and discovered. . . another pigeon. This pigeon was not from a pigeon racing club, evident by the lack of tags on its ankle, and it was also a different breed. This one was almost entirely dark grey, with some lighter grey spots on the wings.
As we watched this strange and random drama unfold in front of us, we began to speculate Bert's story. Was he tired of racing? Did he want adventure? Did he have a forbidden love with this wild pigeon, whom we had named Ernestine (after Bert's friend and roommate Ernie from Sesame Street)? Was he lost? Did he need help from Ernestine, who could show him the ways of the wild? With these questions, we invented an entire story, called Bert's Big Adventure, in which a racing pigeon escapes from his coop and flies down to a small town to start a new life in the wild. But he eventually needs help, because he doesn't know how to survive by himself in the wild, and he finds Ernestine to help him. Eventually, they fall in love and live happily ever after on our deck table.
However, after two or three days, we never saw Ernestine again. Perhaps she was not up to the superior standards of this high-class, pedigreed pigeon. (Racing pigeons have extensive pedigrees, as we've discovered). After all, it was likely she came from a Kohl's parking lot. . . or worse, Home Depot. Perhaps she was too wild for him. But whatever the reason, Ernestine was gone, and Bert's Big Adventure does not end quite the way we thought it would.
We assumed that Bert would go home after Ernestine stopped showing up. However, assuming is not always the right option (you know the saying. . .). This morning, my mom got home from an errand and looked out the window to find yet another pigeon sitting on our deck table with Bert, this one with a tag on each ankle, one red and one yellow. This one was of the same breed as Bert and looked quite similar, except for the larger amount of dark spots on its wings and feet with a slightly darker red shade. This bird we named Bernice, which happens to be the name of Bert's beloved pigeon in Sesame Street, and is now thought of as our Bert's new girlfriend.
From reading Bernice's tags, we found out that she is also from Pennsylvania, from a different club in a town called Ashland. I did a little research myself and found that Ashland and New Tripoli are in neighboring counties. Perhaps Bert and Bernice had met before in races. We don't know, but they seem to be enjoying themselves. We think that it seems that Bernice is a little hesitant to be joining Bert in his wild adventure in the real world, because she didn't seem to want to leave the comfort of the deck often. She even almost seemed to want to come inside the house, as she sat in front of the glass door and stared in the entire time my mom and I watched a movie.
It has been exceedingly interesting to watch these birds. We still haven't heard from the owners, so they evidently aren't missed too much. I usually can't stand pigeons; they're dirty and steal food from unsuspecting tourists. But these pigeons are very clean (aside from the fact that they've been pooping all over our deck for the past two weeks) and are honestly kind of beautiful. We're having our doubts about the genders of Bert and Bernice. We haven't quite been able to figure out if Bernice is actually a male or if Bert is actually a female or if they're both male or whatever, but we're working on it. Anyway, whatever becomes of these birds, it's definitely not something I'll soon forget. It's certainly not something that happens often in a place where pigeons don't live.
~ Snooty Crumb
Doin' the Pigeon- Bert (Sesame Street)
Every time I feel alone/ And slightly blue/ That's when I begin to think/ It's what I'd like to start to do/ And though it may not be the kind of thing/ That's quite your cup of tea/ I recommend you pay attention/ To the little dance you're gonna see/ Doin' the (coo, coo) pigeon/ Doin' the (coo, coo) pigeon/ Dancing a little smidgeon of/ The kind of ballet/ Sweeps me away/ Doin' the (coo, coo) pigeon/ Doin' the (coo, coo) pigeon/ People may smile but I don't mind/ They'll never understand/ The kind of fun I find/ Doin' the (coo, coo) pigeon/ Doin' the (coo, coo) pigeon/ Doin' the (coo, coo) pigeon everyday/ People may smile, but I don't mind!/ They'll never understand/ The kind of fun I find/ Doin' the (coo, coo) pigeon/ Doin' the (coo, coo) pigeon/ Doin' the (coo, coo) pigeon everyday

subset: commoncrawl


text:
Theni: In a tragic incident, minor twins died reportedly after consuming poisonous ash dumped near a garbage bin at Thangammalpuram area here.
4-year-old boy and his 18-month-old twin sister were playing near the bin on June 4 when they reportedly ate the ash, police said.
Both of them fainted and were rushed to a Government hospital where they died yesterday, they said.
Doctors at the hospital said they suspected that the material consumed by the children was poisonous ash.


text:
Hotels are a dime a dozen here in Indianapolis. You can stay at the Holiday Inn or at Best Western, even at a nicer hotel like the Hilton or the Conrad. Not too long ago I needed a place to stay but didn't want to break the bank. After a little bit of research, I ended up at the TownePlace Suites located at Keystone at the Crossing.
From the moment I got to the hotel, I knew I made the right decision. Having worked all the details out with Clint Sheets, the hotel's General Manager, I was ready to take in a couple of nights and see what this entire place had to offer. From the moment I walked in the door, to the relationship I created with the hotel staff, to the complimentary chocolate chip cookies that awaited me every time I came and went, I could not have been happier.
Welcome to TownePlace Suites Care of Clint Sheets, General Manager
When I walked into the room, I was impressed to find two separate bedrooms, a full kitchen and a large living space. There was also a decent size table sitting in the center of the suite with a hard-wired Internet connection, several outlets, and a welcome letter from the General Manager, Mr. Clint Sheets. The letter read:
"Thank you for choosing to stay at the TownePlace Suites Keystone. We look forward to you having a wonderful experience with us. If at anytime there is anything you feel we could do to enhance your experience please contact one of our service team experts."
Clint Sheet, General Manager
What better way to make us feel welcome than a welcome note from the general manager? I have heard that the folks here at TownePlace Suites try to make you feel as close to home as possible. From the time I walked into our room I couldn't agree more. This was a perfect way to start off our stay here at TownePlace Suites. (Not to mention there were two bottles of water sitting on the table. This came in handy because the day we checked in the temperatures outside were hitting close to 100 degrees Fahrenheit.)
Getting to know the Marriott
TownePlace Suites is just one example of the great hotels offered by Marriott International. This public company began back in 1927 and has been going strong ever since. As a matter of fact, their revenue is bouncing around $13 billion a year right now. Not bad considering the current state of our economy. They also employ over 150,000 workers all over the world to help serve their guests on a daily basis.
The company Marriott was founded by J. William Marriott and his wife. This couple actually got started with a root beer stand in Washington, D.C., before taking their concept to a bigger and more profitable level. They now have over 3,000 lodging properties in the United States and in sixty-seven different countries.
Not to scare any of the readers out there, but the Marriott name has suffered a lot of turmoil since their inception way back when. In 2001 the organization suffered a brute force attack in New York City during the bombing of the Marriott World Trade Centers, then again in 2003 with a hotel bombing and in 2008 in another hotel bombing in Islamabad. Again in 2009, they suffered yet another series of bombs in a hotel just outside of Jakarta. But they have managed to come back strong and offering full service hotels all over the world from New York to LA and beyond.
Not all Marriott hotels go by that same name. You can stay at a JW Marriott hotel or resort, a Renaissance hotel or resort, a Ritz-Carlton, BULGARI, or even the Edition hotels. You can even stay in an Autograph Collection hotel and resort or stay like I did in an extended stay hotel like the TownePlace Suites. You can take advantage of timeshare opportunities with the Marriott offering various locations for these around the world as well. No matter your lodging needs, they have been covered by this great company.
Marriott Rewards offers More Ways to Save
If you travel a lot, you might want to take advantage of the Marriott Rewards program. With Marriott Rewards, you can earn valuable discounts and even earn air miles that will help pay for your next trip. If traveling for work, this makes it even better!
There are several levels to the Marriott Rewards program, including the Elite members, Silver, Gold, and even Platinum members. Each level has a different set of guidelines and you reach these levels based on how often you use this rewards program. Besides the hotel chain, you can even use these rewards on over thirty U.S. and international airlines.
The beauty of the Marriott Rewards program is that nearly all Marriott hotels participate in this program allowing you to earn points all over the world. As a matter of fact, this program is so widely accepted that in 2009 the Marriott Rewards Program was rated as the number one hotel rewards program on the market. So if you stay at a lot of Marriott hotels, I highly suggest you enroll in this program. Nothing beats earning free stuff, right?
Pets are Always Welcome
Sheryl and I like to travel a lot. We are always going somewhere whether it is to Chicago for a weekend, or on a weeklong trip to visit some remote island. We just love to travel and it is something that we are doing more the older we get. But one challenge we have every time we travel is what to do with Sophie, Sheryl's adorable dog. Her mother dislikes watching the dog for various reasons, and most dog kennels are way too expensive for our budget. So we usually end up begging some friend of ours to watch the dog offering a place to stay and some instructions on how to take care of her.
When I first began looking to stay at TownePlace Suites, the first thing Sheryl asked me was what we would do with Sophie. Sure enough, I would come to find out that animals are allowed here at TownePlace Suites. You can bring your dogs or cats with you, but you will have to pay a $50 fee for the animal. The reason for the fee is to help maintain the clean facility and to help cover the cost of the deep clean that the hotel gets on a regular basis.
Regardless of the price, it is a great advantage for those families traveling with pets. They have a pretty detailed list of rules, but nothing too crazy. The hotel just has to make sure they are covered with your little furry friends staying over. Sheryl and I brought Sophie's crate with us so that when we left she could feel as if she was at home. Sure, she barked a little bit each time we left, but nothing too serious. She didn't bark any more than she would have if we were at home!
One of the highlights of our trip was having Sophie with us to share in the beauty that is TownePlace Suites. Its something so simple but it goes a long way for guests.
Total Temperature Control
It doesn't matter which hotel I am staying in, whether I am there for a few nights or camping out for the entire week, the first thing I do when I walk in the room is turn the AC on as cold as I can get it. I love the feeling of walking into an ice-cold hotel room after a long day in the sun. I rarely stay in hotels in the winter months, and if I do I am usually on some remote island anyway.
When I walked into our room at TownePlace Suites, I didn't know where to begin. There was an AC under the window in the main room. There was an AC under the window in the spare bedroom. There was even an AC under the window in the master bedroom. I didn't know where to start! I immediately turned them all to their coldest settings and waited for the cold air to fill the space around me.
One thing that I disliked about the air conditioner units is you have no control over the exact temperature. You can set the unit to be anywhere from cooler to warmer but it is truly a guessing game when you are trying to judge the exact temperature you are trying to reach. Lucky for me I want it as cold as I can get it. But for those of you who want a nice, comfortable temperature when you get home from work, you will have to adjust it to suit your need accordingly.
Grabbing a Bite to Eat
TownePlace Suites has a great location on the north side of Indianapolis. There are tons of places to get a bite to eat. If you want American, head across the street to T.G.I. Friday's. In the mood for Asian? Right next to Friday's you will find P.F. Chang's China Bistro. You also have Champps Americana, the Cheesecake Factory, Sullivan's Steakhouse, and a wide variety of other restaurants up and down 86th Street.
If you are looking to save a few bucks just stop by the front desk. There you will find a wide range of coupons on the counter. For instance, we grabbed a pair of free appetizers at Sullivan's Steakhouse. We also snatched up a 20% coupon for Fleming's Prime Steakhouse & Wine Bar (located across the parking lot on the same side of 86th Street), a free appetizer at P.F. Chang's, and even a stack of free appetizers at T.G.I. Friday's. Going hungry is not an option at TownePlace Suites.
If you happen to be staying on a Monday or Tuesday night, the food actually comes to you. On Monday nights, from 5:30 to 7:30 PM, T.G.I. Friday's caters in for a guest reception each week. Here you can sample many items off the Friday's menu including their Jack Chicken Tenders, fresh grilled chicken bruchetta, chips and salsa, spinach artichoke dip, and more.
To help you enjoy your meal even more, TownePlace Suites provides plates and silverware as well as unlimited complimentary lemonade. We were afraid it wasn't going to be enough to satisfy us for dinner, but by the time we were through three plates of food, we were stuffed. Not to mention we grabbed a couple of chocolate chip cookies on our way out the door.
On Tuesday, you are hit with a repeat of Monday night with P.F. Chang's catering for you. Again you are hit with a wide variety of menu options and are offered the same luxury as you were on Monday night. After speaking with Clint Sheets, the hotel's general manager, they are hoping to solidify restaurants to provide dinner for their guests every night. The goal is to have a different restaurant cater in each and every night of the week.
One thing they do need to work on, however, is their seating arrangements. Unless you want to sit in the conference room, located in the back of the building, you are going to either stand or be forced to take your food back to your room. There are no tables and chairs for you to sit at. The same goes for the free continental breakfast each morning. The selection is similar to most other hotels, but there is nowhere to sit and enjoy your breakfast. Sure, I can grab a cup of coffee or a bagel and hit the road, but if I wanted to sit and enjoy a nice breakfast before a long day at work I am out of luck.
You Shall Be Entertained
Depending on how long your stay is at TownePlace Suites, you might be tempted to see what else the city of Indianapolis has to offer. Perhaps you want to see a movie during your visit. Or perhaps you want to see a live concert while in town. There are also two shopping malls near the hotel. No matter what you want to do while you are staying at TownePlace Suites, you aren't far.
If you want to take in a movie, you have a few options. Right across the street at the Keystone Fashion Mall you can visit the Keystone Arts Cinema. Here you will find a wide range of blockbusters as well as more independent films. There is also a bar in this theatre, which is something unique to the Circle City.
If you want a more typical movie theater experience, just head east a little bit and watch a film at the AMC Entertainment theater, located at the Castleton Square Shopping Mall. I told you there were some shopping malls close by! Here you can see all the latest releases, grab a tub of popcorn, and enjoy an evening out. If you get there early, you can even visit any one of the stores located just next to the theater.
If you are more in the mood for live music, then head down the road and see a show at Birdy's Bar & Grill. Located on 71st Street and Keystone Avenue, you will find a staple of the Indianapolis music scene. The stage at Birdy's has seen the likes of national touring artists like The Fray and Daughtry, but also plays host to local singer/songwriters and regional touring artists just the same. Birdy's has live music seven nights a week, and always has some of the best drink specials in town.
As a matter of fact, if you see a show at Birdy's, chances are the stars on stage are staying in the same hotel as you. Birdy's Bar & Grill actually has an exclusive relationship with TownePlace Suites. Both TownePlace Suites and Birdy's have nothing but good things to say about the relationship. So if you are a band touring the country, check out Birdy's and you might just get a chance to crash in the same hotel I am sitting in right now!
If movies, shopping, and live music are not your thing, then take in a comedy show at Cracker's Comedy Club. There are two locations for this comedy joint, one located just south of Birdy's in the heart of the Broad Ripple Village as well as one downtown located just off the circle. Regardless if you go to a rock show or see a show that makes you laugh your head off, TownePlace plays a great host to folks and allows for a comfy place to sleep not too far from these great late night entertainment spots.
Keeping Your Room Clean
Like most hotels, the cleaning crew at TownePlace Suites will come into your room every day and make sure the beds are made, all of the trash is taken out, and that you have fresh towels and toiletries in the bathroom. If you are planning an extended stay here at TownePlace you will get your bed made every few days and a deep clean once a week. A deep clean will basically mean that the cleaning crew will come in and clean everything from the showers and toilets to the carpets and kitchen.
We were only here for two nights, but after the first night when I came home from work, the hotel was nearly perfect. The kitchen had been cleaned up, the bathroom was how it was when we first got here, and the beds were all made. Minus the mint on the pillow it was like walking into the hotel room for the first time all over again. (Are there still hotels that put a mint on your pillow?)
Amenities for the Working Man (And the Working Woman)
The concept of an extended stay hotel like this one aids the businessman more than anyone. Here at the TownePlace Suites, you can take advantage of numerous amenities that will make your workday that much easier. First is the complimentary high-speed wireless Internet. If you are not interested in using the Wi-Fi there is a hard-wired connection waiting for you on the table in the living area.
Downstairs, in the lobby, you will find two desktop computers with Internet access. You will also find a stack of USA Today papers free to all guests. If you need meeting space, they have that too. Just ask about the full service conference center that features a huge white board for dry-erase presentations or a projector display, or even video conferencing on the television screen.
Staying in Shape
I am not known for working out on a regular basis. But during my stay at the TownePlace Suites, I felt obligated to check out the workout facility. So I laced up my sneakers, tossed on an old t-shirt, and headed down to the gym to workout for a couple of hours.
The gym is nothing to write home about. Inside you will find a single treadmill, one stair stepping machine, and a bike. The bike is actually quite uncomfortable as I tried that first. And the treadmill is actually quite old and has quite a few buttons that stick from time to time. Overall, I don't suggest coming to the TownePlace Suites to work out.
Perhaps that is why they formed a relationship with Lifestyle Family Fitness Club located just down the road. While staying at the TownePlace Suites you have full access to Lifestyle Fitness. It is located just a couple of blocks east of the hotel and very easy to get to, even if you are not from here. Just show your room key and a photo ID and you get full access to all their equipment. It is a nice added perk, especially if you are trying to stay fit and are planning on staying for a while.
Taking a Dip
Weather permitting, and it was during my stay, make sure you check out their swimming pool. Just outside the main office you will find a small swimming pool as well as a few chairs for sun bathing. The pool is not that big, reaching a max of only five feet in the deep end, but it allows you a chance to cool down after a long day in the office. And if you just want to work on that nice tan you have going on, you can do that too.
Also near the swimming pool you will find a gas grill for all your summer cookout needs. Grill some burgers or hot dogs and invite some of the other hotel guests down for a bite to eat and quick dive in the pool. Of if you want some alone time you can just take a seat at the picnic table on the far side of the parking lot. Either way you look at it, the TownePlace Suites has something for everyone.
Getting Some Shut Eye
Inside the hotel rooms you will find either one or two beds for your comfort. Whether you just want to lay down for a quick nap or a long night's rest before your big meeting the next day, you have come to the right place. These beds are incredible. They are so soft, almost too soft, and the pillows remind you of clouds at how soft they are. The second I pulled the sheets down on this bed (we had two beds in our hotel room) I knew I was in for a good night's rest. I woke up the next morning feeling refreshed and ready to attack the day. It was truly a great night of sleep.
You can also lie on the couch if you like. The rooms here at TownePlace Suites have a chair and couch in the main living area. Here you can work on your laptop, watch a movie on TV, or just take a load off for a while. While the couches are not as comfy as the beds are, they do offer nice options for relaxation.
Checking In & Checking Out
The process for checking in was as easy as they come. As soon as I said my name she knew where I was coming from and what room I was in, and proceeded to tell me a bit about the surrounding area. She offered me a welcome packet from the front desk and said that I could come to her with any questions. I don't recall her name, but she made me feel right at home from the start.
As easy as the check in was, the checkout was just the same. I walked down to the hotel lobby, grabbed another one of those complimentary cookies, and handed in my key. I was in and out in a matter of moments. The rest was taken care of by the man behind the counter. It goes to show they care about the business traveler who is on a schedule and is trying to make a meeting or an early morning appointment. As they say, the early bird gets the worm.
Our stay at the TownePlace Suites was great from the moment I walked in the front door. We were only there for a couple of nights but the staff went out of their way to make sure we had a great experience. It was the little things that mattered most, like the free coffee and the fresh sheets. But it was the way I felt at home that made this a special visit. The next time I book a hotel, I will keep an eye out for not only the Marriott name but also the name TownePlace Suites.
I would like to personally thank Andrew Lyon of the Circle City Chamber Group for introducing me to the TownePlace Suites as he is an avid visitor and has spent many a night in those same comfy beds as we did. I also want to thank Clint Sheets, the hotel General Manager, for being so accommodating and for literally going out of his way to make sure we had a grand experience. Your attention to detail did not go unnoticed and I hope that here in this article you can see that. I can't stop talking about the TownePlace Suites.


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They have no idea what they are doing here!
As far as rent goes, forget about your lease agreement, because they seem to charge you whatever they want to charge you. Depending if they like you or not. It's different from month to month.I know, because I experienced it myself. After all, I've been here 5yrs. (2013-2018)
They also are towing people's cars left and right because... get this, they are not up-to-date on their tags, and/or have a flat tire. Which, I don't believe they have a right to do, but... then again, I'm not sure what the law states. Anyway, when you ask what happen to my car, they say... "we have nothing to do with the towing company. I'm just a temp!" On top of that, there are cockroaches in the studio I'm living in, and they refuse to do anything about it. It's also the reason why my dishwasher doesn't work anymore. I mean, it did, when I first moved into the studio a year ago, but, for some reason, it doesn't work now. I think it's because the cockroaches ate some of the wiring. Not only that, but the heat doesn't stay on, and three outlets in my studio don't work, either. Plus there is mold building up under my kitchen sink. Which, to me, is dangerous! The only reason why my microwave works, is because the cockroaches haven't eaten through that yet. I must say though, it's hard to tell the time on the microwave because there are cockroaches crawling on the inside of it.
Mind you, this is after living in the complex for five years straight!
Love the modern look!
The office staff has no clue what they are doing from day one we have had the worst experience. Have had 3 water leaks one causing mold to grow and loss of all our belongings. We have had a bad problems with cockroaches in our new place and nothing has been done we have numerous things in our new apartment we were transferred into that do not work and have called maintenance 6 times and he only came once and didn't fix everything. He stated he will come back and never has.
Jontae T.
The old mgmt staff did care about anything. Wirk orders etc
Anthony A.


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A double homicide. A city on the brink of anarchy. One lawyer drops from a heart attack, another is criticized for her wardrobe and hair. A low-speed chase in a white Bronco, broadcast live on national news. Sound like a melodramatic soap opera? What if I told you it was all real?
The anthology series "American Crime Story" premiered this year with a season entitled "The People vs. O.J. Simpson," detailing the 1995 trial involving superstar athlete Orenthal James Simpson, two dead bodies, scheming lawyers and a country glued to every minute. The show has amassed great critical acclaim and viewership success, and, personally, it's some of the best television I've ever seen.
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Even after all that, Simpson supposedly wrote a book entitled "If I Did It," in which he explains hypothetically how he would have committed the murders. Simpson denies involvement with the book, but ghostwriter Pablo Fenjves claims it was collaborative.
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The Simpson case was also the beginning of a now-notorious Kardashian family's insertion into the public eye. Robert Kardashian—Kim, Khloe and Kourtney's late father—was a good friend of Simpson's in college and throughout the ordeal.
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These occurrences are not unique, nor are they limited to the past. Fear-mongering and public manipulation are unfortunately alive and well, and they impact relations between races, classes and any other division in society.
The series opens with footage of the 1992 L.A. riots, which bears an uncanny resemblance to Ferguson and Baltimore. Yes, fear is far from antiquated.
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Follow these links for some amazing pictures of both Pride and Prejudice (this year's show) and last year's production, The Pirates of Penzance. Abby and I were both in Pride and Prejudice -- see if you can identify us in costume and with silly hair :), and Abby is one of the young ladies in Pirates.. Oh, Isaac is a young pirate as well.
Saturday, April 10, 2010
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considering i tripped up, repeat up a staircase at school yesterday, then proceeded to lose my footing next period, then yes, yes i am xD
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considering i tripped up, repeat up a staircase at school yesterday, then proceeded to lose my footing next period, then yes, yes i am xD
I am clumsy only when I am distracted.
I should call myself Rex Toes.
trippin and stuff
Granted I don't put something under my feet (wheels or planks) to mess up my natural balance, I'm quite fine.
Oddly enough, a friend of mine is the other way around. He speeds around on anything that's related to blades, wheels or boards, but can't get down stairs without breaking something.
The rewards of tolerance are treachery and betrayal.
I'm glad that clumsy people are not that little. I'm clumsy. I tend to always trip and bump my head in metal boxes and posts. I hate it, so I tried to be alert. It worked, somehow. I still get lots of bruises large wounds due to my clumsiness. I hate it. I don't really like the feeling that my friend or someone I am with is stopping their laughter so hard but they still can't help it. sheesh.
I get clumsy depending on who's around. For instance back when the person I liked still lived here I seemed to always end up on my butt. I took my share of falls those few years T___T;
Also school doors seem to hate me.. I somehow always get caught up in them.
Other than that, I'm not really clumsy. Maybe jokingly around friends but not really.
I started up a website called Dango News for anime, game, and Japanese news & current events.
Dango News | Twitter | Facebook | Instagram
Well when I was little I use to run into a lot of things. But these days I depends on the day really.
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Sometimes, being too clumsy gets kinda'v annoying.
I can be clumsy at times (i.e. tripping over air), but I have never slipped and fell on ice. If I did, it knocked me out and I have no memory of it. Oh, and I have a story about my brother being the klutz he is. He's running on the ice, as fast as he can, not slipping. Mom calls his name. He turns his head and whoop! He fell and kept sliding for about five times his height. I lol'd.
Sig and avvie set by the wonderfully talented and amazing Bou. <3
Featuring the laptop I always used to complain and talk about in chat.
I may not use it anymore, but I still have it!
I'm clumsy. Really clumsy.
I'm constanttly tripping over things, dropping things and knocking things over.
And when I knock something over like a glass of water, I just stare at it for a while before cleaning it up, as if I'm in disbelief that I've knocked it over :s o___O
I'm somewhat clumsy.
I trip when I feel cold or when I drink too much soda. Other than that, I have a good sense of balance.
Mhmm, as I observe myself I think... I'm not that clumsy. Though there is one time that I accidentally slipped and dropped my books.
You have just met the poster child for Klutz.
Sig made by me. <3
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Employees at neighboring tech companies can reportedly judge when layoffs are happening by the long lines of people walking out of the Zynga office with boxes of their belongings and by the unusually large number of people at local bars at 2 PM on a weekday.
Zynga was never much more than an MLM. There was no skill involved in Farmville and its spinoff games, and it was impossible to progress far unless you paid for tools or recruited Facebook friends who might. I wasn't big enough of a jerk to do that.
It made the guys at the top of the pyramid USD1.5 billion, though, so I suppose it was worth it to someone.
Maybe if they came up with another variation of candy crush.
Zynga didn't just screw itself over – it screwed over the whole industry, by pretending that their development approach and business model worked well enough to be emulated by other social gaming companies, which in turn drained the development and business resources of the entire damned industry.
The industry, in turn, tried to compete with that model by injecting portions of it into other areas of gaming. It's in part why games embraced microtransactions. It's in part why "get to market first" stomped "get to market right" as a mantra. It's in part why gaming companies started building games around their own "hubs." Zynga worked hard to ruin gaming, and they succeeded.