Original Cast Member is Returning to Agents of SHIELD!
An Original Cast Member is Returning to Agents of SHIELD!
In Tuesday's episode, Daisy (Chloe Bennet) and Simmons (Elizabeth Henstridge) went into the framework with the help of LMD May to rescue the rest of the team. When Daisy awoke, she was reunited with her "boyfriend," with a picture that revealed she is dating Ward (Dalton) in the framework.
"We figured when you get dropped into an alternate reality, what better way to show that it might not be everything you imagined than the return of one of our most loved and most hated characters. Also, we wanted to have Brett back. We missed him," executive producer Jed Whedon told EW.
And what about Anton, who's head is in a glass case. Will he become MODOK? "Well, no, we can't really say what he is. He's definitely his own creature, but we can't comment really as to if he's based on a Marvel character or not," added Whedon.
Are you looking forward to the new arc? What did you think of tonight's episode? Let us know in the comments!


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There are nine specialist pulmonary hypertension (PH) centres in the UK and Ireland which look after people with PH. The doctors and nurses at your specialist centre will help decide the best treatment for you. They will talk you through your treatment and how to take it, and answer any questions you might have. You may only visit your specialist PH centre once or twice a year, although sometimes you may need to visit it every 3 or 4 months. So it's important you make the most of your visit. Of course, your PH specialist team will be available to answer any questions or concerns you have in-between appointments too.
Remember to always ask your specialist PH team if you have any questions about your PH treatments. That is what they are there for.


It was very easy to get there, thanks to the public buses: I just took line 6 of CTM, offering a stop nearby the Gardens. First, I was impressed by the beauty of the landscape I enjoyed from the near Walk on the embankment and, next, the entrance portal to the gardens, with rationalistic traits, combining the features of Mediterranean tradition as the pergola, with elements of the avant-garde.
Entering the Public Gardens, the sight is equally beautiful. I find a French-style garden with a long lane ending in an impressive building I long to visit. A pair of budgerigars (possibly escaped from a cage) pick a fight for a bread crumb in front of me.
On both sides of the lane, there are age-old trees and works of art crossing an historical period between the Roman age and the 70's of the past century. This is, beyond all doubts, the ideal place for a Summer walk, sheltered against the sun, under the leafy branches offering a sensation of coolness and wellness.
Speaking about hot, I feel very thirsty and, once found the Wifi and newspaper review, services, offered for free by the Municipality of Cagliari, I enjoy a cool drink in the refreshment point available into the park, and I sit onto one of the benches nearby the fountains in front of the great building at the end of the lane, the Gallery of Art.
I do not miss the opportunity to visit the Ingrao Collection, and a kind person offers me to serve as my guide, explaining in detail every painting exhibited. The building is remarkable, but its contents is even more. We range from the artists of Sardinia, linked to the taditions of the island, to the fururist and suprematiste, from Morandi's crystalised metaphysical spaces to Balla's concept of speed and movement.
While greeting me after a long but not heavy path in the Gallery, me to visit the nearby church of San Lorenzo, where Mass is celebrated every Sunday morning.
I leave the Municipal Gallery and go along the small climb on the right, and once again, I am impressed by the richness of this place. I am in front of a quarry, cut in hard rock, which I find out to be an ancient site of the Middle Ages, as well as a testimony of World War II. In fact, this place was used as a shelter by the population of Cagliari during the bombings of 1943. I go uphill the path and, upon trespassing a small square where it is possible to rest, I arrive in front of the San Lorenzo church, dated from 13th century.
Surely, it is not an opulent church, it is far from the splendour of the Cathedral or of the Basilica of Bonaria, it is very simple and yet endowed with inherent beuty, almost like a rural church. As if it were not enough, the city of Cagliari wants to make me one last gift before I complete my walk, which is the wonderful landscape enjoyable from top of Colle di Buon Cammino, where I am.
My sight can range from Mountains Sette Fratelli to Molentargius , from Salt marshes to the Poetto shores, and all of the small villages and towns to the East of Cagliari.


Dubai hot spot Mo*Vida is set to become the first city club to launch an app. The dedicated application will allow clubbers to see events and book tables, plus upload pictures of nights out at the club directly onto Facebook! It is set to appear on iTunes in May. Sounds good to us!


I read recently that love is not a feeling, it is an action that you must repeat in order to have the other feel loved.
I'm not sure I believe that, but then I turned it around, and thought about hatred. I believe hatred is an act, and those who choose to perform hate crimes, or even comments lined with hate, do so as a conscious choice and not through the expression of feeling.
Therefore if you choose to love another, you must choose this consciously, and with intent on acting out that decision, with acts of love.
With animals, kindness is vital, and anyone who can harm an animal in anyway, has nothing but emptiness inside them.
There a lot of things in our lives today that can be passed off as emotion, when in fact it is a conscious choice that we can choose not to act on.
The problem is when we let other people decide our own actions or feelings for us.
Often without even asking for it, people will give you their opinion, and that is fine as long as you can decipher the opinions that matter, from the ones that don't.
My Mum used to say "if you don't have anything nice to say, don't say anything at all", but I don't think that covers it.
I believe you should ask, does the thing I am going to say have the chance of improving this person's life, or the lives of those around them, or not?
You may tell a person their horse is completely crazy, if you know the person is putting themselves in danger.
However, if you want to tell them their horse will never be any good, when you know that for that person's goal and intention the horse is perfect, then better just to shut up right?
In dressage, you need to have conviction in your thoughts and actions, so if you're a person who only ever does things half well, then your horse will do a nice diagonal slide, but never a half pass.
Decide and then carry it out until the end, in life and on horseback, in disciplining your kids, or in devotion to your dog.
When you make a life decision and you can't figure out whether you wanted it or not, then perhaps you forget to actually hear yourself, as others are very good at drowning out what's happening inside you.
Some people earn the right to give their opinion, and others just give it anyway, but either way it is up to you to decide if that opinion fits your goal, or not.
I wrote an article about the importance of "Finding the Right Trainer", because it is so important you find someone that you not only respect, but whose opinion and advice is given in order to fit you and your dreams.
When my trainer rides my horse, he doesn't get on and show off to me how awesome he can make him go, he rides him him in a way that makes it easier for me to get the most out of him.
If your not a rider, then the teacher, or boss, or whoever it is that helps you, must be a person who gives you help that you need, and not the help that suits them, and you must use this help and make it count!
I say, "don't live in halves, live in wholes, and make sure everything you do, you do it with everything you've got!".
If you want to steer your own horse, better make sure you are in control of both reins!
Great article! You gave some Universal Truths. I like the 'halves' vs the 'wholes'; this is so true. It's like 'lead me or get out of the way'. Also, love really is based on action toward someone or something. Jesus said, "If you love me, keep my commandments"; and therein He linked love with action. Love is a feeling, yes. But it is not real unless there is action, repeated action, over and over. Thanks for the article.


text:
Gerard Butler Collection Blu-ray
Gerard Butler Collection
Widescreen, Dolby, Subtitled, 3 Pack
Two-disc set includes:
Law Abiding Citizen (2009)
When Philadelphia family man Clyde Shelton (Gerard Butler) learns that the prosecutor (Jamie Foxx) has cut a deal allowing one of the two killers who murdered his wife and child to escape the death penalty, he launches an ingenious and ruthless campaign of revenge. When Shelton's crimes continue even after he is incarcerated, the police grow baffled even as they desperately try to stop the bloodletting. Explosive thriller co-stars Colm Meaney, Bruce McGill. 109 min. C/Rtg: R
Gods Of Egypt (2016)
In an ancient Egypt lorded over by its mythological deities, the new reign of Horus (Nikolaj Coster-Waldau) is usurped by his treacherous uncle Set (Gerard Butler), who blinds the prince and sends him into exile. A young mortal (Brenton Thwaites), chafing at Set's tyranny, joins with Horus on a dimensions-spanning quest to restore the balance of power. Alex Proyas' expansive, effects-filled fantasy-adventure co-stars Geoffrey Rush, Bryan Brown, Chadwick Boseman, Elodie Yung. 126 min. C/Rtg: PG-13
Hunter Killer (2018)
After an American sub ventures into Russian waters responding to a ship in distress--and winds up on the ocean floor itself--Commander Joe Glass (Gerard Butler) draws the dicey duty of leading the investigative voyage. Dealing with literal treacherous waters as well as diplomatic tides, he discovers that the naval disasters may be part and parcel of an audacious power grab at the Kremlin. Throwback thriller also stars Gary Oldman, Common, Linda Cardellini, Toby Stephens, Michael Nyqvist. 122 min. C/Rtg: R
The Vanishing (2018)
The Scottish Hebrides, 1900: Having recently assumed their stint on the Flannan Isle of Eilean Mòr, lighthouse keepers James Ducat (Gerard Butler), Thomas Marshall (Peter Mullan), and Donald McArthur (Connor Swindells) came across a skiff bearing a dying man and a chest of gold. Unfortunately, the mariner was followed by partners who'd kill to reclaim their plunder. Speculative thriller inspired by the protagonists' real-life never-explained disappearance also stars Søren Malling, Ólafur Darri Ólafsson. 101 min. C/Rtg: R
Angel Has Fallen (2019)
With the physical wear of his duty growing, agent Mike Banning (Gerard Butler) is weighing a promotion to Secret Service head from President Trumbull (Morgan Freeman) when a brazen fishing vacation assassination attempt leaves them the only survivors. Falsely accused of being in on the plot, and with Trumbull comatose, a fleeing Banning faces a race to uncover those responsible and clear his name. Thrilling third franchise entry co-stars Danny Huston, Nick Nolte, Piper Perabo. 121 min. C/Rtg: R
Title: Gerard Butler Collection
Genre: Action / Adventure
Starring: Gerard Butler, Jamie Foxx, Nikolaj Coster-Waldau, Brenton Thwaites, Gary Oldman, Common, Peter Mullan, Morgan Freeman, Jada Pinkett Smith, Colm Meaney
Directors: Alex Proyas, Donovan Marsh, F. Gary Gray, Ric Roman Waugh, Kristoffer Nyholm
Studio: Lions Gate
Colm Meaney
Linda Cardellini
Kristoffer Nyholm

redpajama_set_name: RedPajamaCommonCrawl


It's a good idea to start with an informal discussion. Ask where your Buddy grew up, about his family dynamic, education and interests. Most of this will be written in his profile so you can draw on points from that and ask him to elaborate. You might also like to run though his CV and ask about his past experience.
Discipline… Do you want your Big Buddy or Manny to discipline the children? How strict are you and what expectations do you have?
Do they like cooking? What meals can they competently prepare? Was this part of their last job?
Are they tidy? Will washing and ironing faze them?
Allergies or Dietary Requirements – Do they have any?
To complete the interview, ask them if they have any questions before thanking them for coming. Tell them you'll be in touch with the Agency who will in turn be in touch with them.


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An article in the Atlantic last year suggested much the same and it came about because almost everything that President Trump tried to do was stopped by one Federal District Court judge.
This isn't a partisan thing, it's the question of whether a justice in one state should be able to stop things in everyone else's state. I think that if we step back from the partisan issues of the day, we can see where we should at least be dealing with the state in which the item was brought up and apply it to the district first. If it's appealed, or taken to a higher court, then that court's jurisdiction should apply. All the way up to the Supreme Court.
This would slow down the effect of judge shopping, which is just a way to get judges that are partial to your arguments instead of impartial– the way that it was designed.


You must make reservations at least 5 minutes in advance of the time at The Tower Bar.
The Terrace at the famous Sunset Tower Hotel debuted a new look in May of 2018, featuring a refreshed outdoor dining experience with updated furnishings and an elegant new bar. The Tower Bar Restaurant has split views of the city from either side of the lobby. It offers a swank lounge, bar and al fresco dining experience. Custom made banquettes fit directly into windows that showcase an unparalleled view of the Los Angeles skyline. Art deco design influences include walnut with gold inlay trim in a subtle, muted color scheme. The delectable menu features California Bistro with Italian fare. A dress code is enforced, please call for information.
Lovely server. So dear and personal. The staff made everyone feel special on Easter. Ran into lots of pals too.
Eggs Benedict and the smoked salmon plate marvelous.
Cheeseburger was mediocre. Needed a more seasoned, grilled approach. Otherwise great. Sundaes always such a great finale!!
A great place to have brunch. It was bright, the staff was attentive and the food was excellent. I almost hate to give a great review as I want to keep this gem to myself.
Fabulous classy and. Top notch service and food.
Been there several times during the last 4 years.
Earlier experiences far better than this one.
Food was boring and below medium quality.
Waiter forgot the wine for the starters.
My visit at the Tower Bar was all in all outstanding. From stepping inside the restaurant until leaving everything was marvelous. A vibrant and inspiring setting, impeccable service and excellent food. Can recommend it everyday of the week.
One of my favorite places! Great ambiance and very comfortable.
My reservation was at 8:45 , but we had to wait almost one hour to get our table. Than, the waiter was not available until I had to waive and ask for menu. The bar was crowded and there was no place to sit .
Arrived on time , hostess took us to sit in some back area never seen before , when we asked to be in the main dining room , they said there is a 20 to 30 mins wait , while they sat us 50 mins later . Meat arrived over cooked , delaying our dinner even further to change the order again while one of my guests are his meat overdone .
Hostesses at door very rude and pretentious , when I would speak to her she would just look down without answering . Should have had Angelina Jolie at my table maybe for them to be respectful and friendly . That age is long gone , wake up Tower Bar .
I always split the branzino as it's such a massive portion, but it's my favorite thing on the menu!
Perfection every time . . .
Fine food and drinks are to be found at this dimly - lit romantic restaurant in beautiful West Hollywood. The real star of the show the evening we were there was their nice piano lounge .
This place is a peach. Want a beautiful cocktail poolside while watching the sun setting? This is it.
Lamb was a disaster twice and as he had to be sent back twice it spoiled the evening with my daughter. The waitress could not have been more apologetic and nicer so saved the day. It shows people do matter and will be back.
Great if you want to see celebrities. Not much else. Poor food, arrogant service and very expensive for mediocrity.
Years of memories and special occasion moments destroyed in one horrible experience at the Tower last night. Despite pleas, we were seated in the bar next to a loud ukelele band for our 11th wedding anniversary and celebrating the birth got our first child. It was like being on a cheap cruise and I will never return. Food has slipped, service was off, prices are crazy for dinner when surrounded by drinkers and business meetings at 715pm.
the restaurant was very slow in taking the order, drinks took almost 40 minutes. w=then when food came it was lukewarm.
The food and service at The Tower Bar is consistantly great! I always enjoy entertaining out of town guests or business colleagues there. Thank you for another great dining experience.
Beautiful environment. I was very disappointed with the chicken pot pie recommended by the waiter.
One of my favorite restaurants when in Beverly Hills to go to, great food and service love this place!
This is an incredible venue with great service, outstanding food, and the a beautiful atmosphere I give it 5 stars and look forward to the opportunity to visit again.
Excellent as always-- best service, drinks, and ambiance.
Easily Top Ten spots in LA - The food, ambiance and staff is always top shelf! We love it every time. A perfect dining experience where you're made to feel l like an ordinary night out is a special occasion no matter when you go. 10 out of 10!
It's always Heaven at The Tower!!!
Jason is the worse manager ever!!!!
This is my second time eating here in the last few weeks and both times I've had reservations and waited over 45 minutes and we were still not seated that we ended up eating in the lobby waiting area. This restaurant should be removed from Open Table for not homering reservations. The excuse that gave me was pathetic. Never waste time here again.
Always welcome place for my visits from out of town.
Bartenders are experts and friendly.
Food — even at the bar- is exceptional.
And the coziness is hard to best.
"A classy, sophisticated Los Angeles haunt that perfectly tops off a day in LA. Unlike some places in this town that have an occasional air of arrogance about them, The Tower Bar keeps it easy, inviting and effortlessly elegant. Stunning views of the city, the suavest of ambiences, and simple to make a reservation. Gabby has a penchant for finding the perfect table for two... or ten. Take the Moscow Mule, take in the scene, and let the gentle jazz wash over you, as you remember why the Angels chose to reside here."
Amazing as always. Great service, food and ambiance!!
Brunch! We love the salmon Benedict... amazing!
Great location and a fun place, great buzz, and ambiance ideal to take out of town friends for a Hollywood dinner.
The ambiance of this restaurant is incredible. It was raining and the atmosphere is so warm and welcoming. Food is always delicious and are the cocktails!
We ordered two cobb salads and they both came out incorrectly. My chicken was DRY. Two new salad were bettewr.
Great location. Low key but a lovely view. Decor is a little outdated.


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Электро́нные музыка́льные инструме́нты (ЭМИ) — использующие для генерации (в том числе и синтеза) звука различные электронные схемы.
Такие инструменты могут воспроизводить звук, варьируя громкость, частоту, или продолжительность каждого генерируемого отрезка с помощью электрических, электронных или аналоговых аудиосигналов.

Принцип действия
В электронном музыкальном инструменте, при управлении пользовательским интерфейсом (музыкальным контроллером), включающий в себя интерактивные участки, при контакте с которыми, в цепь отправляется сигнал, которая состоит из электронных схем (генераторов, модуляторов, фильтров и т. п.), на выводе которой генерируется электрический звуковой сигнал, который в свою очередь подаётся на усилитель, и наконец, воспроизводится в виде звука (обычно динамиком).

Следует отличать электронные музыкальные инструменты от электромеханических. В электромеханических музыкальных инструментах звук создается механическим путём, после чего преобразуется в электрический сигнал благодаря звукоснимателю. Например, в электрогитаре звук возникает при ударе о струну, однако собственный звук гитары не используется. Колебания струны вызывают появление сигнала в звукоснимателе, после чего сигнал может обрабатываться различными звуковыми эффектами (такими, как дисторшн, фузз), что значительно меняет исходный тембр звука.

Все электронные и электромеханические музыкальные инструменты составляют подмножество устройств обрабатывающих звуковые сигналы. При этом некоторые электронные музыкальные инструменты иногда используются исключительно для получения звуковых эффектов при игре на электромеханических музыкальных инструментах.

История
Первый электронный музыкальный инструмент создал  в 1901 году. Им стал телармониум (), весом 7 тонн. На основе электрических генераторов и тональных колес телармониум с помощью сложной клавиатуры воспроизводил разные ноты, слушать трансляцию можно было по городскому телефону.

 В 1921 году русский изобретатель Лев Сергеевич Термен создал терменвокс, звук в котором образуется как результат биений двух радиочастотных генераторов. Термен создавал «электровиолончель», поэтому управление звуком происходит в результате свободного перемещения рук исполнителя в электромагнитном поле виртуального грифа инструмента вблизи двух металлических антенн. Изменение высоты звука достигается путём приближения руки к правой антенне, в то время как громкость звука управляется за счёт приближения другой руки к левой антенне.

Для генерации музыкальных звуков использовали свисты регенеративного радиоприёмника (например, «радиола» Аникина, 1927, «электрола» Бронштейна, 1928).

Уже позже француз Эдгар Варез (композитор и инженер) создал несколько композиций при помощи электронных валторн, флейт и магнитной ленты. Одна из них, «Poème électronique», была написана для павильона Филипс на Брюссельской Ярмарке Мира в 1958 году.

Современные инструменты
В настоящее время электронные музыкальные инструменты широко используются в современных направлениях музыки. Развитие все более новых и совершенных музыкальных инструментов очень активно и является междисциплинарной областью исследований.

Среди множества электронных инструментов можно выделить следующие:
 Синтезатор — инструмент, синтезирующий звук при помощи одного или нескольких генераторов звуковых волн.
 Синтезатор «АНС» — фотоэлектронный музыкальный инструмент, сконструированный русским изобретателем Евгением Мурзиным.
 Синтезатор Муга
 Музыкальная рабочая станция — аппаратно-программный комплекс, объединяющий в одном устройстве синтезатор, секвенсор, драм-машину
 Вокодер — устройство синтеза речи на основе произвольного сигнала с богатым спектром.
 Волны Мартено (электрофон) — одноголосный инструмент, с 7-октавной клавиатурой фортепьянного типа, а также нитью с кольцом, надеваемым на указательный палец правой руки.
 Драм-машина — прибор, основанный на принципе пошагового программирования для создания и редактирования повторяющихся музыкальных перкуссионных фрагментов.
 Континуум — контроллер, управляющий генератором звука с поддержкой MIDI, например, синтезатором.
 Терменвокс — бесконтактный инструмент, в котором частота звука изменяется благодаря изменению ёмкости колебательного контура за счет изменения расстояния до рук музыканта.
 Лазерная арфа — инструмент, состоящий из нескольких лазерных лучей, которые нужно перекрывать, по аналогии с щипками струн обычной арфы.
 Реактейбл — электроакустический инструмент, использующий материальный интерфейс пользователя.
 Тэнори-он — устройство, состоящие из экрана с сеткой 16х16 светодиодных-переключателей, каждый из которых может быть активирован различными способами для создания музыкального развивающегося звукового рисунка.
 Atari Punk Console — генератор ступенчатого тона.

Известные производители
 Korg
 Roland Corporation
 Yamaha Corporation
 Kurzweil Music Systems
 Kawai Musical Instruments
 Clavia Digital Musical Instruments

См. также
 Электронная музыка
 Индастриал

Примечания

redpajama_set_name: RedPajamaWikipedia


My first original paper of the year was just published in PLoS ONE. This is a collaboration with Åsa Sjöling's group at the Karolinska Institute and the Universidad Mayor de San Andrés in Bolivia, and the project has been largely run by Jessica Guzman-Otazo.
Poor drinking water quality is a major cause of diarrhea, especially in the absence of well-working sewage treatment systems. In the study, we investigate the numbers of bacteria causing diarrhea (or actually, marker genes for those bacteria) in water, soil and vegetable samples from the Choqueyapu River area in La Paz – Bolivia's third largest city (1). The river receives sewage and wastewater from industries and hospitals while flowing through La Paz. We found that levels of ETEC – a bacterium that causes severe diarrhea – were much higher in the city than upstream of it, including at a site where the river water is used for irrigation of crops.
In addition, several multi-resistant bacteria could be isolated from the samples, of which many were emerging, globally spreading, multi-resistant variants. The results of the study indicate that there is a real risk for spreading of diarrheal diseases by using the contaminated water for drinking and irrigation (2,3). Furthermore, the identification of multi-resistant bacteria that can cause human diseases show that water contamination is an important route through which antibiotic resistance can be transferred from the environment back to humans (4).
The study was published in PLoS ONE and can be found here.


For use as an integral part of a total treatment program which typically includes other remedial measures (psychological, educational, social) for a stabilizing effect in children with a behavioral syndrome characterized by the following group of developmentally inappropriate symptoms: moderate-to-severe distractibility, short attention span, hyperactivity, emotional lability, and impulsivity.
Methylphenidate is a central nervous system stimulant used most commonly in the treatment of attention-deficit disorders in children and for narcolepsy. Its mechanisms appear to be similar to those of dextroamphetamine.


text:
package org.apereo.cas.pm.web.flow.actions;

import org.apereo.cas.authentication.credential.UsernamePasswordCredential;
import org.apereo.cas.pm.InvalidPasswordException;
import org.apereo.cas.pm.PasswordChangeRequest;
import org.apereo.cas.pm.PasswordManagementService;
import org.apereo.cas.pm.PasswordValidationService;
import org.apereo.cas.pm.web.flow.PasswordManagementWebflowConfigurer;
import org.apereo.cas.util.io.CommunicationsManager;
import org.apereo.cas.web.support.WebUtils;

import lombok.RequiredArgsConstructor;
import lombok.extern.slf4j.Slf4j;
import lombok.val;
import org.apache.commons.lang3.StringUtils;
import org.springframework.binding.message.MessageBuilder;
import org.springframework.webflow.action.AbstractAction;
import org.springframework.webflow.action.EventFactorySupport;
import org.springframework.webflow.execution.Event;
import org.springframework.webflow.execution.RequestContext;

/**
 * This is {@link PasswordChangeAction}.
 *
 * @author Misagh Moayyed
 * @since 5.0.0
 */
@Slf4j
@RequiredArgsConstructor
public class PasswordChangeAction extends AbstractAction {

    /**
     * Password Update Success event.
     */
    public static final String PASSWORD_UPDATE_SUCCESS = "passwordUpdateSuccess";

    private static final String PASSWORD_VALIDATION_FAILURE_CODE = "pm.validationFailure";
    private static final String DEFAULT_MESSAGE = "Could not update the account password";

    private final PasswordManagementService passwordManagementService;
    private final PasswordValidationService passwordValidationService;
    private final CommunicationsManager communicationsManager;

    @Override
    protected Event doExecute(final RequestContext requestContext) {
        try {
            val c = (UsernamePasswordCredential) WebUtils.getCredential(requestContext);
            val bean = requestContext.getFlowScope().get(PasswordManagementWebflowConfigurer.FLOW_VAR_ID_PASSWORD, PasswordChangeRequest.class);
            bean.setUsername(c.getUsername());

            LOGGER.debug("Attempting to validate the password change bean for username [{}]", c.getUsername());
            if (!passwordValidationService.isValid(c, bean)) {
                LOGGER.error("Failed to validate the provided password");
                return getErrorEvent(requestContext, PASSWORD_VALIDATION_FAILURE_CODE, DEFAULT_MESSAGE);
            }
            if (!passwordValidationService.isValid(c, bean)) {
                LOGGER.error("Failed to validate the provided password");
                return getErrorEvent(requestContext, PASSWORD_VALIDATION_FAILURE_CODE, DEFAULT_MESSAGE);
            }
            if (passwordManagementService.change(c, bean)) {
                WebUtils.putCredential(requestContext, new UsernamePasswordCredential(c.getUsername(), bean.getPassword()));
                return new EventFactorySupport().event(this, PASSWORD_UPDATE_SUCCESS);
            }
        } catch (final InvalidPasswordException e) {
            return getErrorEvent(requestContext,
                PASSWORD_VALIDATION_FAILURE_CODE + StringUtils.defaultIfBlank(e.getCode(), StringUtils.EMPTY),
                StringUtils.defaultIfBlank(e.getValidationMessage(), DEFAULT_MESSAGE),
                e.getParams());
        } catch (final Exception e) {
            LOGGER.error(e.getMessage(), e);
        }
        return getErrorEvent(requestContext, "pm.updateFailure", DEFAULT_MESSAGE);
    }

    private Event getErrorEvent(final RequestContext ctx, final String code, final String message, final Object... params) {
        ctx.getMessageContext().addMessage(new MessageBuilder().error().code(code).defaultText(message).args(params).build());
        return error();
    }
}

redpajama_set_name: RedPajamaGithub


text:
EnergyCommentary
How the Oil Production Boom Has Benefited America
The fracking revolution has turned the United States into a net exporter of oil. (Photo: Maureen Sullivan/Contributor/Getty Images)
"We can't just drill our way out of the problem."
That was the oft-repeated phrase of President Barack Obama, who throughout his presidency argued that the key to beating higher gasoline prices was to subsidize alternative energies, such as solar and wind.
It was a common sentiment from those who fretted that the world had reached "peak oil," and that America was simply doomed to become increasingly reliant on a few big international oil producers for a rapidly dwindling resource.
It also played well into the narrative that fossil fuels were inherently evil, destroying the planet by escalating climate change.
But the doomsayers were wrong.
Thanks in large part to American ingenuity and technological innovation, the script has been flipped—and the dividends have been enormous.
Recent events in the Middle East underscore the dramatic change that's occurred.
It's been remarkable that following the September attacks on Saudi Arabian oil facilities and the recent U.S. strike on Iranian Gen. Qassim Suleimani, oil prices have remained more or less stable.
This is a huge departure from what has transpired after major incidents in the Middle East in the past. As Foreign Policy's C.K. Hickey noted:
The August 1990 Iraqi invasion of Kuwait led to a surge in the price of oil from $15 a barrel that month to $40 by October ($65.68 adjusted for inflation as of 2019). In February 2003, the lead-up to the U.S. invasion of Iraq once again led to a spike in prices to nearly $40 a barrel, or around $55 in today's dollars, a level that hadn't been seen since the Gulf War.
This time was different.
U.S. oil production has boomed in the past decade, thanks largely to innovation in the use of fracking, which has allowed the U.S. to tap into not only enormous amounts of shale oil, but also natural gas and other petroleum resources.
In fact, U.S. production has ramped up so much that in 2018, the U.S. became a net exporter of oil for the first time in nearly 75 years.
Perhaps even more incredibly, for a brief time at the end of 2019, the U.S. surpassed Saudi Arabia to become the world's top oil exporter.
That, of course, produced jobs and a boon to the American economy, but it also created the conditions for a global oil market more resistant to supply and price shocks—which were sometimes created by OPEC nations. Many of the latter are in the Middle East or generally hostile to the U.S.
But now, a world suddenly deprived of, say, Iranian oil, can rely increasingly on U.S. oil.
As political scientist Walter Russell Mead wrote for The Wall Street Journal, the Middle East is now a region "being fundamentally reshaped by drillers in Texas, Pennsylvania, North Dakota, and elsewhere."
As my colleague Nick Loris, an expert on energy and environmental policy, has noted, the huge increase in domestic oil production doesn't mean that the U.S. is truly energy independent. We are still very much affected by the global supply and the actions of countries abroad.
Nevertheless, the surge in production has transformed the American economy and given the U.S. an invaluable tool in foreign relations.
That has transpired in spite of efforts by the Obama administration and the left to strangle an industry they fundamentally dislike, an effort that would be stepped up massively if the so-called Green New Deal became law.
The Green New Deal, a badly disguised Trojan Horse for socialism and of dubious environmental benefit, would end and reverse the oil production advances that have been such a broad-based benefit for the U.S. economy.
Hopefully, the strong economy and stable oil markets amid turmoil in the Middle East will serve as a reminder that reversing the incredible advances in oil drilling of the past decade would be a huge mistake.


text:
Daniel Bryan Retirement Raw Review
Early in the day, Daniel Bryan took to Twitter to announce his retirement and would elaborate on Raw. Before we'd get to all of that sadness though, we had to deal with an episode of Raw. Stephanie McMahon hosted a contract signing for the Fastlane main event. She gets quickly cut off by Dean Ambrose before Roman Reigns does the same. They want to get this thing signed, so Stephanie brings out Brock Lesnar and Paul Heyman. She interrupts Heyman's signature opening line to boos. They all quickly sign and Dean just wants to fight, so he gets in Brock's face. BROCK SMASH! He not only tosses Ambrose but he throws the table into Reigns in hilarious fashion. Brock dominated and laid out Ambrose with the F5. Brock looked like a beast, Ambrose looked crazy and Reigns was kind of just there. Mostly fun stuff since it wasn't drawn out like most contract signings.
Sometimes, it's easy to over exaggerate on things. When I tell you that Dolph Ziggler wrestled Kevin Owens for the SEVENTH time in just under two months, I'm not doing that. None of the matches have ever been particularly interesting. It's not a rivalry because they have a bunch of matches. There needs to be more to it. Anyway, Ziggler won when he put his feet on the ropes for a pi so I guess this continues. We get told that the Usos will face the New Day in a Tables match later even though there is no real reason for it. I mean, the Dudleys/New Day feud didn't even get one. Backstage, the Dudleys talk to the Usos and somehow have the power to make it an eight man tag Tables match, so New Day has to find a partner. In a Smackdown rematch, Charlotte defeated Alicia Fox in a match that nobody really cared about. They did officially announce Charlotte vs. Brie for Fastlane for the Divas Championship though.
Dean Ambrose wants to get his hands on Brock Lesnar but has just been pacing all night. Anyway, we advanced to MizTV, which probably wasn't going to be anywhere near as good as last week's. Chris Jericho was the guest, and he came out to throw some really lame insults at Miz. He is just living that cool dad gimmick. AJ Styles showed up to save the segment. Miz attacked Jericho and AJ made the save. They worked together to dump him out before fighting among themselves. Jericho eventually walked away, but this ended up working and hyped the Styles/Jericho Smackdown match this week. Bray Wyatt beat Ryback in a decent, but rather meaningless match. It's like they started the Wyatt/Lesnar angle and forgot there was a February PPV to build, so they dropped it for now but I'm sure it'll pick up at Fastlane. The New Day got interviewed backstage, where they were shining up a table, and said that they haven't picked a partner just yet.
The random Titus O'Neil singles push looked it would continue as he faced Adam Rose. Rose surprised everyone by stealing a win. The Social Outcasts certainly seem to be booked in strange ways. After that match, Dean Ambrose came back out and egged on Brock Lesnar. He threw plenty of verbal jabs at the "Beast" including some male potency jokes. Brock showed up and completely kicked Dean's ass. As he went to leave though, Dean begged for more. Brock went back in but Roman Reigns showed up. This distraction led to Dean doing his best Undertaker impersonation and hit Brock in the dick. It's his kryptonite. Then the segment awkwardly ended there. Also, I love that Ambrose isn't afraid of Brock and that he's getting shine. However, it has made Reigns kind of the odd man out. Can I just have Brock vs. Dean at Mania since we know we're getting HHH vs. Reigns anyway?
With Sin Cara's recent return at a WWE live event, the Lucha Dragons were back together. They faced Rusev and Alberto Del Rio in a match that had next to no heat. For some reason, the fans just didn't really seem to care. Del Rio hit his finisher, that would be cool if it didn't make the guy taking it look like an idiot, on Kalisto to win. He should have pinned Sin Cara but whatever. We got more fun stuff from R-Truth and Goldust before moving on. Sasha Banks showed up, in some shorts that nearly stopped my heart. She was on commentary for Becky Lynch vs. Tamina. Naomi and her got into it, Becky made a save and it led to Tamina winning. Normally, I'm against Tamina beating Becky but there was a distraction and it should lead to Becky and Sasha beating Team BAD at Fastlane, which was also announced here.
New Day chose Mark Henry, who donned the unicorn horn and everything. They would lose. The Dudleys then attacked the Usos despite the win, turning heel. I would dive deeper into that but more important stuff was coming. Daniel Bryan came out to close Raw and give his retirement speech. Bryan said that he had been fighting it for a while but a recent test really showed him that his brain isn't as healthy as he thought and he wants to start a family. I won't recap the entire speech because I couldn't do it justice. You just need to see it. It's the most emotional and heart warming retirement speech I've ever heard. He talked about being grateful for everything and led the fans in a final "Yes" chant. Brie Bella came out to hug and kiss her husband to close the show. On the WWE Network, things continued with the entire roster coming to the stage to say goodbye and "Yes". Bryan hugged Vince on his way out, closing the book on an amazing career.
It's hard to give a real score for this show since it was more about Bryan than anything else. The episode of Raw leading up to the Bryan stuff was middle of the pack but moved things forward for Fastlane somewhat. This is a must see episode for the Daniel Bryan highlights throughout the show and his speech.
I've now had to watch two of my all time favorites, Edge and Bryan, hang it up earlier than they were supposed to. The first Ring of Honor show I ever attended live was Final Battle 2006. Bryan Danielson was the ROH World Champion and main evented against Homicide. He lost the title but I was hooked and he instantly became one of my all-time favorite wrestlers. I cheered for him louder than anyone at the ROH shows I attended. I watched him go to war with Austin Aries, Takeshi Morishima and many others. His final ROH match, against Nigel McGuinness, was in New York and I am grateful that I got to see it live. Watching him make it to the top of the WWE was one of the greatest feelings in the world. A guy that I picked and was drawn to from the first time I saw him made it. He made it when many people said he couldn't. Daniel Bryan embodies the notion that anything is possible. Daniel Bryan was and is everything that I love about pro wrestling.


#TheList Liam Philp Stezaker, born 03/12/1991, last known address Warwick Walk, Hereford HR4 – strangled and kicked his girlfriend's dog to death during a campaign of violence and abuse.
Liam Stezaker, who has a previous conviction for drink driving, subjected his girlfriend Sarah Griffiths to regular beatings with one attack resulting in her being hospitalised.
Then in September 2018 Stezaker attacked Sarah's pet dog, Tilly, strangling her before stamping her to death and dumping her lifeless body in a bin.
Stezaker admitting causing unnecessary suffering to an animal, assault and coercive and controlling behaviour.
Prosecutor Giles Nelson said Stezaker already had a common assault conviction and was under a community order when he killed Tilly.
He said: 'Considerable force was used to strangle the dog, causing severe suffering.
'This was a gratuitous piece of violence against the dog.
Judge James Tindal told Stezaker he was considered a 'high risk' by the probation service.
Sentencing: 12 months in jail for controlling and coercive behaviour, with two sentences of four months for causing unnecessary suffering to an animal and actual bodily harm, plus 28 days for cannabis possession – all to run concurrently.
A 14 second long video posted on Snapchat showed Coles holding the fish in his right hand before putting into his mouth.
He then drinks half a pint of beer to swallow it before opening his mouth to show his pals that he had gulped it down.
Coles admitted causing unnecessary suffering to a protected animal during the incident which took place during September 2018.
RSPCA prosecutor Lindi Meyer showed Exeter magistrates court the video that was made by Coles' girlfriend who posted it on social media.
His girlfriend posted the video entitled 'he ate my fish' and Coles told RSPCA investigators it was 'just a stunt for social media'.
The court heard Coles was 'amused and bemused' by the investigation saying it was 'only a goldfish'.
Vet expert David Martin said the goldfish was still alive when it was swallowed and took a swig of alcohol to wash it down.
Mr Martin said goldfish can feel pain and would have died from a deprivation of oxygen.
Miss Meyer said tree surgeon Coles was egged on by two other people who laughed as he carried out the act.
She said he had been drinking alcohol and showed no remorse and had been amused and bemused by the RSPCA inquiry and he valued the fish in a 'trivial nature'.
A probation officer said Coles was 'a class clown' who showed off in front of people.
She said he was 'embarrassed and ashamed' by what he had done.
Solicitor Jeremy Tricks, defending, said Coles suffers with ADHD and depression and anxiety.
He said people watch him 'do something amusing'.
After the case RSPCA Inspector John Pollock said:"We are asked why prosecute for a goldfish but they feel pain and have a spine.
"We will deal with it whether it is a large or small creature that has suffered.
"This is the first time in my 30 year career that I have had a prosecution like this but there have been ones in the past when there was the Neknominate craze.
"The expert veterinary evidence is that the goldfish would have drowned in beer content and his stomach acids. If a goldfish was put in a glass of acid then people would be jumping up and down about it and ringing us up.
" This goldfish would have suffered a great deal. It would have dissolved alive in the stomach acids.
"This goldfish was a prize at a fair. We are very much against live animal prizes and some councils have outlawed them.
Sentencing: 12-month community order with 200 hours of unpaid work and five rehab days. Costs and charges totalling £385. Five-year ban on owning fish.


text:
OpinionCase details
Laborers' Combind Funds of W. Pa. v. Macson Corp.
Full title:LABORERS' COMBIND FUNDS OF WESTERN PENNSYLVANIA, as agent for PHILIP…
Court:UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA
Case No. 2:16-cv-01506 (W.D. Pa. Apr. 30, 2018)
UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA
Case No. 2:16-cv-01506
LABORERS' COMBIND FUNDS OF WESTERN PENNSYLVANIA, as agent for PHILIP AMERIS and PAUL V. SCABILLONI, trustees ad litem, LABORERS' DISTRICT COUNCIL OF WESTERN PENNSYLVANIA WELFARE AND PENSION FUNDS, THE CONSTRUCTION INDUSTRY ADVANCEMENT PROGRAM OF WESTERN PENNSYLVANIA, and its affiliated local unions, Plaintiff, v. MACSON CORPORATION, Defendant.
Magistrate Judge Lisa Pupo Lenihan
ECF No. 26
OPINION LENIHAN, M.J.
Currently before the Court for disposition is the Motion to Compel Arbitration (ECF No. 26) filed by Defendant Macson Corporation ("Macson"). Macon contends that the West Jefferson Hills School District Project Labor Agreement ("PLA"), which contains a mandatory arbitration provision, governs the parties' dispute here, and therefore, Plaintiff is required to arbitrate its claim against Macson. Because Plaintiff has failed to submit its dispute to arbitration, Macson contends this Court lacks subject matter jurisdiction, and requests that this case be dismissed with prejudice, and attorneys' fees be awarded to it pursuant to 29 U.S.C. § 1132(g)(1). For the reasons set forth below, the Court will deny Defendant's motion to compel arbitration.
I. FACTUAL BACKGROUND & PROCEDURAL HISTORY
Plaintiff, the Laborers' Combined Funds of Western Pennsylvania ("Laborers' Combined Funds"), instituted this suit against Macson under §§ 502 and 515 of the Employee Retirement Income Security Act of 1974, as amended ("ERISA"), 29 U.S.C. §§ 1132 and 1145, and also under § 301 of the Labor-Management Relations Act of 1947 ("LMRA"), 29 U.S.C. § 185. The Laborers' Combined Funds administers various fringe benefit funds, including the Laborers' District Council of Western Pennsylvania Welfare and Pension Funds ("Welfare & Pension Funds"), and acts as a collection agent for such funds as well as for certain employer associations and unions, including the Laborers' District Council of Western Pennsylvania and its affiliated local unions, the Construction Industry Advancement Program of Western Pennsylvania. (Compl., ¶¶ 2-5, ECF No. 1.)
The Welfare & Pension Funds are employee fringe benefit plans established and maintained within the meaning of ERISA. (Compl., ¶ 5.)
Macson, a contractor engaged in the construction business, allegedly entered into a labor agreement with the Laborers' Union. (Id., ¶¶ 6-7.) Plaintiff contends that pursuant to that agreement, Macson was obligated to submit certain monthly payments to it for pension, welfare, industry and dues for the benefit of employees covered under said agreement. (Id., ¶ 7.) Plaintiff further contends that based on that agreement and the provisions of ERISA, it has the right to examine and audit Macson's books and payroll records to determine whether Macson has made proper deductions, contributions, payments and remittances for all employees covered by the agreement. (Id., ¶ 8.) Nonetheless, Plaintiff contends that Macson has failed to submit such reports and has refused to make available its books and payroll records for an audit, in violation of the agreement. (Id., ¶ 9.) In addition, Plaintiff contends that Macson is obligated to it for all reasonable auditing and attorney's fees and other legal expenses incurred in securing the audit and collecting any delinquencies determined to be owed by Macson. (Id., ¶ 10.)
It is unclear to which labor agreement Plaintiff is referring, as it has not attached any "labor agreement" to the Complaint.
For relief, the Plaintiff seeks injunctive relief to enjoin Macson from violating the terms of the labor agreement and directing Macson to make immediate payments of all monies past due and timely payments of all monies that become due to Plaintiff, pursuant to the labor agreement, among other things. (Compl., Ad damnum cl., ¶¶ (a) - (c).) Plaintiff also seeks a money judgment in its favor for (1) the amounts shown to be owed as a result of any audit, plus interest; (2) liquidated damages/late charges at 10 percent of the principal amount owed; (3) reasonable auditing fees and attorneys' fees equal to 20 percent of the total delinquency, but not less than $1,000.00; and, (4) costs of suit. (Id., Ad damnum cl., ¶ (d).)
In response, Macson filed an Answer, and subsequently, a motion to compel arbitration which is the subject of this opinion. Relevant to this pending motion, Macson attached a copy of the Project Labor Agreement for the West Jefferson Hills School District Project, see Def.'s Ex. B to Motion to Compel Arbitration (ECF No. 26-2), and subsequently, filed a Brief in Support of its Motion to Compel Arbitration (ECF No. 32).
Originally, Macson's motion to compel arbitration was titled, "Motion to Dismiss for Lack of Jurisdiction, for Failure of a Condition Precedent, and Motion for Failure to Exhaust Administrative Remedies," and was docketed at ECF No. 26 on 9/19/17. Subsequently, counsel for Macson made an Errata entry at ECF No. 37 on 10/27/17 attaching a Motion to Compel Arbitration in which he incorporated the motion and exhibits previously docketed at ECF No. 26, and requested that the Clerk of Court refile the motion at ECF No. 26 as a Motion to Compel Arbitration.
Plaintiff has filed a response and brief in opposition to the motion to compel arbitration (ECF Nos. 39 and 40). Macson has filed a reply to Plaintiff's opposition to the motion to compel arbitration (ECF No. 41) and a supporting brief (ECF No. 43). As the motion to compel arbitration has been fully briefed, it is now ripe for disposition.
II. LEGAL STANDARD - MOTION TO COMPEL ARBITRATION
In Guidotti v . Legal Helpers Debt Resolution, LLC, 716 F.3d 764, 771 (3d Cir. 2013), the court of appeals clarified which standard of review should be applied in evaluating motions to compel arbitration:
[W]hen it is apparent, based on "the face of a complaint, and documents relied upon in the complaint," that certain of a party's claims "are subject to an enforceable arbitration clause, a motion to compel arbitration should be considered under a Rule 12(b)(6) standard without discovery's delay." Somerset , 832 F. Supp.2d at 482. But if the complaint and its supporting documents are unclear regarding the agreement to arbitrate, or if the plaintiff has responded to a motion to compel arbitration with additional facts sufficient to place the agreement to arbitrate in issue, then "the parties should be entitled to discovery on the question of arbitrability before a court entertains further briefing on [the] question." Id . After limited discovery, the court may entertain a renewed motion to compel arbitration, this time judging the motion under a summary judgment standard. In the event that summary judgment is not warranted because "the party opposing arbitration can demonstrate, by means of citations to the record," that there is "a genuine dispute as to the enforceability of the arbitration clause," the "court may then proceed summarily to a trial regarding 'the making of the arbitration agreement or the failure, neglect, or refusal to
perform the same,' as Section 4 of the FAA envisions." Id . (quoting 9 U.S.C. § 4).
Id. at 776. Thus, "[m]otions to compel arbitration are reviewed under the Rule 12(b)(6) standard '[w]here the affirmative defense of arbitrability of claims is apparent on the face of a complaint (or . . . documents relied upon in the complaint).'" Gordon v. Kohl's Dep't Stores, Inc., 119 F. Supp. 3d 356, 361 (E.D.Pa. 2015) (quoting Guidotti, 716 F.3d at 773-74) (internal quotation marks omitted).
In evaluating a motion to compel arbitration under the Rule 56 standard, courts "'may consider all affidavits, exhibits and discovery in the record.'" Quilloin v. Tenet HealthSystem Philadelphia, Inc., 763 F.Supp. 2d 707, 715 (E.D.Pa. 2011) (quoting Hopkins v. New Day Fin., 643 F.Supp. 2d 704, 713-14 (E.D.Pa. 2009) (citing Par-Knit Mills, Inc. v. Stockbridge Fabrics Co., 636 F.2d 51, 54 & n. 9 (3d Cir.1980))), rev'd on other grounds, 673 F.3d 221 (2012). A motion to compel arbitration should be granted only where there is "'no genuine issue of fact concerning the formation of the agreement'" to arbitrate. Kirleis v. Dickie, McCamey & Chilcote, 560 F.3d 156, 159 (3d Cir. 2009) (quoting Par-Knit Mills, 636 F.2d at 54). "In making this determination, the party opposing arbitration is entitled to 'the benefit of all reasonable doubts and inferences that may arise.'" Id.
Here Plaintiff submits that the standard for a Rule 12(b)(6) motion to dismiss should be applied to Macson's motion to compel arbitration. However, the Complaint on its face fails to assert any allegations suggesting that the stated claims may be subject to an enforceable arbitration agreement. As such, the Court is unable to rule on the merits of Macson's motion merely on the factual allegations in the Complaint.
The Complaint does not refer to or rely upon any documents that indicate the claims set forth in the Complaint are subject to arbitration.
Moreover, Macson has relied on documents not referenced in the Complaint which it attached as exhibits to its motion to compel arbitration. Macson submits that the Court may take judicial notice of these documents because they were received from Plaintiff's counsel and are not subject to reasonable dispute, citing Fed. R. Evid. 201(b). As such, Macson submits that the Court may consider these documents in deciding the motion to compel arbitration, see Affidavit of Kevin Fiore, ECF No. 37-3 at 2, but does not indicate which legal standard the Court should apply.
Although the Court "may consider an undisputedly authentic document that a defendant attaches as an exhibit to a motion to dismiss if the plaintiff's claims are based on the document[,]" Pension Ben. Guar. Corp. v. White Consol. Indus., Inc., 998 F.2d 1192, 1196 (3dCir. 1993), here Plaintiff's claims are not based on the documents Macson has attached to its motion to compel arbitration. Therefore, the Court may not consider the exhibits attached to its motion to compel arbitration under the Rule 12(b)(6) standard.
In response to Macson's motion to compel arbitration and supporting exhibits, Plaintiff has attached copies of the PLA, as well as copies of the relevant Trust Agreements. See ECF Nos. 39-2 & 39-3. Moreover, both parties appear to be making legal arguments based on the PLA and Trust Agreements, and neither party has indicated that discovery is necessary to decide the motion. As such, the Court will decide the motion to compel arbitration on the current record under the Rule 56 legal standard.
The relevant Trust Agreements consist of the Trust Agreement and Pension Plan (ECF No. 37-2) and the Laborers' District Council of Western Pennsylvania Welfare Fund Agreement and Declaration of Trust (ECF No. 39-3).
III. DISCUSSION
The Federal Arbitration Act ("FAA") "'creates a body of federal substantive law establishing and regulating the duty to honor an agreement to arbitrate . . ..'" 9 U.S.C. § 1, et seq.; John Hancock Mut. Life Ins. Co. v. Olick, 151 F.3d 132, 136 (3d Cir. 1998) (quoting Moses H. Cone Mem'l Hosp. v. Mercury Constr. Corp., 460 U.S. 1, 25 n.32 (1983)). The FAA provides that a written arbitration provision in any contract "evidencing a transaction involving commerce is valid and enforceable, except upon "such grounds as exist at law or in equity for the revocation of any contract." 9 U.S.C. § 2.6 In addition, the FAA favors the enforcement of arbitration agreements, requiring that such agreement be enforced to the same extent as other contracts. Harris v. Green Tree Fin. Corp., 183 F.3d 173, 178 (3d Cir. 1999). The FAA also provides that "[a] party aggrieved by the alleged failure, neglect, or refusal of another to arbitrate under a written agreement for arbitration may petition any United States District Court . . . for an Order directing that such arbitration proceed in the manner provided in the agreement." 9 U.S.C. § 4.
The FAA clearly reflects a "strong policy in favor of the resolution of disputes through arbitration." Kirleis, 560 F.3d at 160 (quoting Alexander v. Anthony Int'l, L.P., 341 F.3d 256, 263 (3d Cir. 2003)). "[T]his presumption in favor of arbitration 'does not apply to the determination of whether there is a valid agreement to arbitrate between the parties.'" Id. (quoting Fleetwood Enters., Inc. v. Gaskamp, 280 F.3d 1069, 1073 (5th Cir. 2002)). See also Schneider Moving & Storage Co. v. Robbins, 466 U.S. 364, 372 (1984) ("the presumption of arbitrability is not a proper rule of construction in determining whether arbitration agreements between the union and the employer apply to disputes between trustees and employers, even if those disputes raise questions of interpretation under the collective-bargaining agreements.")
As a threshold matter, the FAA requires the court to make the following determinations before ordering arbitration: (1) whether the parties entered into a valid arbitration agreement; and (2) whether the specific dispute falls within the scope of that agreement. Olick, 151 F.3d at 136 (explaining that a "district court need only engage in a limited review to ensure that the dispute is arbitrable").
As to whether a valid and enforceable agreement to arbitrate exists between Plaintiff and itself, Macson contends that the PLA is the controlling document in this action and contains an alternative dispute resolution provision which governs any disputes arising out of the interpretation or application of the PLA between the unions and contractors. PLA, Art. VII, § 2 (ECF No. 26-2 at 11-12). Under that provision, if the dispute is not resolved between the representative for the union, the contractor's representative, and the owner (school district) within 10 days, the matter must be referred to binding arbitration before the designated arbitrator. Id. at § 3.
The parties to the PLA are the West Jefferson Hills School District ("Owner") and the Pittsburgh Regional Building and Construction Trades Council (the "Unions"). In addition, all contractors hired to work on the Project were required to agree to execute and become bound by the PLA. PLA, Art. I, § 1 (ECF No. 26-2 at 1). Macson executed a Letter of Assent in which it agreed to be bound by the PLA. See Letter of Assent, Ex. 1 to Def.'s Reply Br. (ECF No. 43-1).
Macson submits that Plaintiff's claims involve a dispute that arises out of the interpretation or application of the PLA between the Unions and contractors, and therefore, Plaintiff's claims must be settled by the arbitration procedure set forth under the PLA, despite the fact that Plaintiff is not a signatory to the PLA, because Plaintiff is admittedly the union's agent. For support, Macson quotes the following language from Article XIII of the PLA, which provides:
Macson refers to Article XII in paragraph 5 of its motion to compel arbitration but in actuality it has quoted Article XIII of the PLA. The Court believes this to be an inadvertent error.
Each contractor will also pay all required contributions in the amounts required by Section 1 of this Article to the established employee benefit funds that accrue to the direct benefit of the employees (such as pension and annuity, health and welfare, vacation, apprenticeship, training funds).. . . This section does not apply to core employees unless any core employee voluntarily elects to join and become a member of any local union signatory to this Agreement, in which event this Section shall immediately apply with respect to any such core employee.
PLA, Art. XIII, § 2 (ECF No. 26-2 at 17). Macson argues that the $15,000 deficiency, which Plaintiff contends is owed based on its audit, is comprised of unpaid contributions for the employee benefits set forth in Section 2 above, and therefore, is subject to the ADR provision in the PLA. Thus, Macson contends that because (1) it has not waived its right to arbitration or the ADR procedures set forth in the PLA, (2) the parties have provided for arbitration in their agreement that is the exclusive remedy, and (3) Plaintiff has failed to comply with the PLA's ADR provision, this Court lacks jurisdiction over the subject matter of this dispute and this case should be dismissed.
However, Macson conveniently excludes the second sentence of Section 2 quoted above, which provides that "[w]ith respect to contributions required in this Section to Employee-Union jointly trusted funds, the contractor adopts and agrees to be bound by the written terms of the legally established trust agreement specifying the detailed basis on which payments are to be made into, and benefits paid out of such Trust Funds." Id. (ECF No. 26-2 at 17-18). In the Court's opinion, the excluded language is fatal to Macson's argument, especially since the trust agreements explicitly disclaim any obligation on the part of the trustees to invoke or exhaust any grievance or arbitration procedure contained in any CBA or other written agreement with an employer, in order to compel an audit of the employer's records or collect unpaid contributions.
In response to the motion to compel arbitration, Plaintiff has attached two trust agreements which it claims are determinative of the outcome here: (1) The Trust Agreement and Pension Plan between the Master Builders Association of Western Pennsylvania and the Laborers' District Council of Western Pennsylvania ("Pension Trust Agreement"); and (2) the Laborers' District Council of Western Pennsylvania Welfare Fund Agreement and Declaration of Trust ("Welfare Trust Agreement"). Exs. 2 & 3 to Pl.'s Opp'n to Def.'s Mot. to Compel Arb. (ECF Nos. 39-2 & 39-3). Article XII of the Pension Trust Agreement sets forth the provisions governing the collection of employer contributions or remittances. Article XII provides, among other things, that the trustees shall have the right to determine, verify, or audit the amounts of contributions paid or payable by each employer and that each employer shall make available to the trustees its payroll records and federal and state payroll tax returns. Pension Trust Agreement, Art. XII, § 5 (ECF No. 39-2 at 29). If an employer is determined to be delinquent with its required contributions, the trustees have the power to take any steps necessary to collect the delinquent contributions from the employer, including instituting a legal action either in federal or Pennsylvania state court. Id. at §§ 8-9 (ECF No. 39-2 at 30). In addition, Article XII provides: "The Trustees shall not be obligated to invoke or exhaust any grievance or arbitration procedure that might be contained in any Collective Bargaining Agreement or other written agreement with an Employer in order to compel an audit of the Employer's records or to collect unpaid Contributions or other remittances." Id. at § 12 (ECF No. 39-2 at 30).
Similarly, the Welfare Trust Agreement contains provisions for the collection of employer contributions that are almost identical to those contained in the Pension Trust Agreement, including a provision disclaiming any obligation to invoke or exhaust any grievance or arbitration procedures. See Welfare Trust Agreement, Art. VI, §§ 5, 8-9, 12 (ECF No. 39-3 at 8-10). Thus, the Trust Agreements, which Macson adopted and agreed to by signing the Letter of Assent (ECF No. 43-1), clearly state that the trustees are not required to exhaust any grievance or arbitration requirements in any written agreement with the employer, which clearly encompasses the PLA.
In order to avoid the application of Article XIII, Macson raises two arguments, Initially, Macson points to language that states that Section 2 does not apply to "core employees," and then argues that the employees for whom Plaintiff seeks unpaid contributions are "core employees" as defined under Article VI, Section 9 of the PLA. Therefore, Macson submits that the issues raised by Plaintiff's claims are subject to the PLA's arbitration provision. As Plaintiff points out, there are several flaws in Macson's argument. First, Macson's suggested interpretation of Section 2 is overly broad and unreasonable. Section 2 requires contractors to pay all required contributions (at the prevailing wage and benefits rates according to job classification) to established employee fringe benefit funds. Section 2 further states that "[t]his section does not apply to core employees . . .." To find, as Macson argues, that this latter statement precludes the trustees from exercising their authority under the Trust Agreements to bring legal action in federal court in order to conduct an audit and collect any delinquent employer contributions, and instead subjects them to arbitration procedures in an agreement to which they are not signatories, would be an unreasonable interpretation of Section 2, especially when read in context with scope and purpose of the PLA. Indeed, the preeminent purpose of the PLA is to promote efficiency in the construction of the project, by providing a means for peaceful settlement of any and all labor disputes and grievances between the Unions and Owner, or between the Unions and contractors, and the avoidance of any strikes or work stoppage. See PLA, Art. I, § 1; Art. 2, § 2; Art. VII, §§ 1 & 2. See also Discussion infra at 15-16. Nowhere in the PLA, including Article VII which sets forth the grievance and arbitration procedures, are Plaintiff or the trustees mentioned by name, nor are they signatories to the PLA. Rather, the Court finds that a reasonable interpretation of "[t]his section does not apply to core employees" is simply that contractors do not have to make the required contributions to established employee fringe benefit funds for core employees.
Second, Macson's argument assumes that the classification of its employees as core employees is an undisputed, proven fact. However, the exhibits submitted by Macson do not provide any evidence that its employees are core employees, and this fact is clearly disputed by Plaintiff. In reality, Macson's argument is nothing but a red herring, as it attempts to divert the Court's attention away from the real issue—whether there is an agreement to arbitrate between Plaintiff and Macson—which brings the Court to the final flaw in Macson's argument.
Macson's core employee argument goes to the substantive issue between it and Plaintiff—whether Macson owed any unpaid, required contributions to employee fringe benefit funds—not to whether an agreement to arbitrate exists in the first place. In this respect, Macson has put the proverbial cart before the horse. Therefore, even if Macson is not disputing the amounts owed for two union employees, and Plaintiff admits that no contributions are owed for core employees, that does not make the issue of whether Macson's other employees are core employees arbitrable, because that issue is not dispositive of whether an agreement to arbitrate exists in the first place. In addition, Macson's position would require piecemeal adjudication of this case—the union employees' contributions are not subject to arbitration but the core employees' contributions would be. That approach would be inconsistent with the intent of Congress in passing the FAA.
Next, Macson submits that Article XIII, Section 2 fails to properly incorporate the particular trust agreement(s) referenced therein, as Section 2 neither identified the specific trust agreements nor attached them to the PLA. Moreover, Macson submits that the language of Section 2 should be interpreted to include only the Wage and Benefits section of the trust agreements, "specifying the detailed basis on which payments are to be paid into and paid out of such funds" (Def.'s Reply Br. at 9, ECF No. 43), not the entire trust agreement, including its litigation provisions. Because the PLA failed to clearly identify and therefore incorporate the trust agreements, Macson contends that the only remaining dispute resolution provision is the arbitration provision in the PLA. Macson's argument, while perhaps superficially appealing, lacks substance.
The Court finds it highly unlikely that contractors in the construction industry would not know which unions their trades people are affiliated with. Thus, a contractor engaged in the construction business, like Macson, would likely have employed similar trades people and made contributions to the same employee fringe benefit trust funds on other construction projects. Indeed, Macson's president admitted that Macson made contributions to the funds for both the Mt. Lebanon and Jefferson Hills Projects. Aff. of David Macioce, ¶¶ 4-9 (ECF No. 43-2 at 2-3). In addition, the Court rejects Macson's argument that the language in Section 2 should be narrowly interpreted to include only the Wage and Benefits section of the trust agreements. Section 2's reference to the trust agreements' "written terms . . . specifying the detailed basis on which payments are to be made into, and benefits paid out of, such Trust Funds" (emphasis added) can reasonably be construed to include any efforts needed to collect such payments owed but not contributed. More importantly, however, Macioce's understanding of the meaning of Art. XIII is not relevant to whether the Owner and Unions intended that Plaintiff would be bound by the arbitration provisions in the PLA. Macson did not participate in the negotiations and drafting of the PLA but assented to its terms after its execution.
Finally, even if the court was to find that the trust agreements were not properly incorporated by reference, as explained below, there is no language in the PLA that subjects a claim brought by trust funds/trustees against a contractor to the arbitration provisions in the PLA. In this regard, Macson's argument attempts to divert the Court's attention away from the threshold issue of whether Plaintiff agreed to arbitrate its claims against contractors for unpaid contributions to the trust funds.
To that end, the Court turns to the plain language of the PLA to determine whether the parties to that agreement intended that the dispute between the Laborers' Combined Funds and/or its trustees and Macson over the audit and collection of Macson's contributions to employer-union fringe benefit plans would be subject to the grievance and arbitration procedures set forth in Article VII of the PLA. An examination of the relevant provisions of the PLA shows that it "applies exclusively to the construction work within the scope of this Agreement to be performed and related to the [Thomas Jefferson High School] Project[,] and its intended purpose is "to promote efficiency in the construction of the project . . . , to provide for the peaceful settlement of any and all labor disputes and grievances without strikes or lockouts, and to create uniformity in work rules, . . .." PLA, Art. I, § 1 (ECF No. 26-2 at 1). The PLA also provides that the Unions and their members "agree not to initiate, authorize, sanction, participate in or condone, or permit their members to engage in, any strike [or work stoppage or slowdown, or disruptive activity of any kind]. PLA, Art. II, § 2 (ECF No. 26-2 at 3). The scope of the PLA "is specifically defined and limited to onsite construction work bid and contracted for by, or otherwise under the direction and control of the Owner for this Project." PLA, Art. IV, § 1 (ECF No. 26-2 at 4).
In Article VII, the PLA sets forth the Grievance and Arbitration Procedure, which Macson contends applies to Plaintiff's claim. Section 1 sets forth the procedure where the union has a "claim, dispute, question or other matter against the Owner under this Agreement[.]" Clearly, this section is not applicable here as the Laborers' Combined Funds is not a union and, in any event, it has not brought suit against the Owner, West Jefferson Hills School District. Section 2, upon which Macson relies, provides:
"Under the pertinent provisions of both the Labor Management Relations Act and the Employee Retirement Income Security Act of 1974, it is clear that trust funds for the benefit of employees are separate entities apart from labor organizations." NLRB v. Constr. & Gen. Laborers' Union Local 1140, 577 F.2d 16, 20 n. 6 (8th Cir. 1978). See also Talarico v. United Furniture Workers Pension Fund A, 479 F. Supp. 1072, 1079 (D. Neb. 1979) (pension fund was a distinct and independent entity separate from the union and its local, and as such, was not bound by agreements entered into by the local affiliates of the union); Huge v. Overly, 445 F. Supp. 946, 947 (W.D.Pa. 1978) (trust fund constituted a distinct and independent entity separate from the union); Zaucha v. Polar Water Co., 444 F. Supp. 602, 606 (W.D.Pa. 1978) (same) (citations omitted); Teamsters Local Union No. 688 v. Mizerany Warehouse, Inc., 413 F. Supp. 911, 913 (E.D. Mo. 1974) (noting that pension fund was an entity separate from a labor union and holding that a release agreement entered into by the union and the employer was not binding on the pension fund).
It is specifically agreed that in the event any disputes arise out of the interpretation or application of this Agreement between the unions and contractors, the same shall be settled by means of the procedures set out herein. No such grievance shall be recognized unless called in writing to the attention of the parties to the Agreement (or to the attention of the union by the contractor) within five (5) business days of the alleged violation was committed.
PLA, Art. VII, § 2 (ECF No. 26-2 at 11-12). The Court construes this section to require that written notice of the grievance must be given to the parties to the PLA, or to the attention of the union by the contractor, in order for a grievance between the unions and contractors to move forward. As Plaintiff is neither a party to the PLA nor a union, it would not receive notice of any grievance, and therefore, could not be expected to comply with the arbitration provisions set forth Section 3 of Article VII.
Moreover, the plain language of Section 2 contemplates that the contractor will be making a grievance against the union, since it requires that the grievance be brought to the attention of the union by the contractor. Thus, even if the Laborers' Combined Fund was the Unions' agent, which it is not, the situation here is distinguishable as the Laborers' Combined Funds brought suit against the contractor, and not vice versa.
Plaintiff has admitted only that it is the collection agent for various fringe benefit funds, including the Welfare & Pension Funds, and certain employer associations and unions, including the Laborers' District Council of Western Pennsylvania and its affiliated local unions, the Construction Industry Advancement Program of Western Pennsylvania. (Compl., ¶¶ 3-5.) See Discussion infra at 18-20.
Article XIII, Section 2 of the PLA sets forth the contractors' obligations with regard to contributions to "established employee benefit funds that accrue to the direct benefit of the employees (such as pension and annuity, health and welfare, vacation, apprenticeship, training funds)." PLA, Art. XIII, § 2 (ECF No. 26-2 at 17). That section further provides: "With respect to contributions required in this Section to Employee-Union jointly trusted funds, the contractor adopts and agrees to be bound by the written terms of the legally established trust agreement specifying the detailed basis on which payments are to be made into, and benefits paid out of such Trust Funds." Id. (ECF No. 26-2 at 17-18). By including this language in the PLA, it is clear that the Owner, Unions, and Macson—by executing the Letter of Assent—did not intend for the PLA to govern the collection of employer contributions to pension and welfare funds, but rather, specifically agreed that a contractor's contributions to trust funds would be governed by the terms of the trust agreements. Thus, the adoption of, and agreement to be bound by, the trust agreements in Article XIII, and the lack of any reference to disputes between the trust funds/trustees and contractors in Article VII governing grievances and arbitration procedures, provides further evidence that the parties to the PLA did not intend that the PLA arbitration provision would govern Plaintiff's claim against Macson.
Moreover, since Plaintiff was not a signatory to the PLA, it could not agree to arbitrate its claim against Macson. Nonetheless, Macson attempts to circumvent this fact by arguing that Plaintiff was acting as the Unions' agent. The Court does not find any merit to this argument. Macson relies solely on Plaintiff's statement in the Complaint that it is the collection agent for various fringe benefit funds, to support its position that Plaintiff has admitted its agency, presumably for all purposes, and therefore is bound to arbitration. Macson's position is not supported by applicable precedent.
Macson relies on Bouriez v. Carnegie Mellon University, 359 F.3d 292 (3d Cir. 2004) for the proposition that common law principles of agency apply to arbitration agreements and can support an obligation of an agent to be bound by an arbitration provision. Although the court of appeals in Bouriez acknowledged that a "party . . . can be compelled to arbitrate under an agreement, even if he or she did not sign that agreement if common law principles of agency and contract support such an obligation on his or her part, id. at 294, it emphasized that "an agent can only be bound by the agreements of his principal when that principal acted with the agent's actual, implied, or apparent authority[,]" id. (citing Bel-Ray Co. v. Chemrite, 181 F.3d 435, 445 (3d Cir. 1999)). In Bouriez, as in the case at bar, there is no evidence that the principal—here, the Unions—was acting with implied, actual or apparent authority for its alleged agent—here, Laborers' Combined Funds—when the Unions signed the PLA. Indeed, the Plaintiff's only alleged agency relationship with certain employer associations and unions is that of collection agent for contributions owed by employers for various employee fringe benefit and pension plans. Moreover, Laborers' Combined Funds never became involved in the construction project which is the subject of the PLA, but rather, attempted to audit and collect alleged unpaid contributions to various fringe benefit funds from Macson, a contractor, sometime after execution of the PLA.
Macson, as the party asserting an agency relationship, bears the burden of proof on that issue. Apex Fin. Corp., 369 A.2d at 485 (citing Girard Trust Bank v. Sweeney, 231 A.2d 407 (Pa. 1967)). Nothing in either the pleadings or the parties' filings indicates that Plaintiff serves as the Unions' agent for any purpose other than for the limited purpose of collecting employers' contributions to various fringe benefit funds. Plaintiff's limited role as the Unions' collection agent stands in stark contrast to the role of the agent in Hinnant v. Am. Ingenuity, LLC, 554 F. Supp. 2d 576, 582 n. 4 (E.D.Pa. 2008), cited by Macson, whom the court held was subject to the arbitration agreement. In that case, the agent signed the agreement containing an arbitration provision as general manager of company, was sole owner and officer of the company, and his alleged misconduct was integral to and coextensive with the alleged misconduct of the company. Unlike the agent in Hinnant, here Plaintiff—the Unions' alleged agent—is not charged with any misconduct, and therefore, there can be no misconduct by Macson that is integral to and coextensive with any misconduct by the Unions. Therefore, the Court will not assume, merely from Plaintiff's limited role as collection agent, that an agency relationship existed between the Unions and Plaintiff. See Walton, 66 A.3d at 787.
The party with the burden of establishing an agency relationship need not provide direct proof of specific authority, as long as "'it can be inferred from the facts that at least an implied intention to create the relationship of principal and agent existed.'" Walton v. Johnson, 66 A.3d 782, 787 (Pa. Super. Ct. 2013) (quoting Commw. v. Maker, 716 A.2d 619, 623 (Pa. Super. Ct. 1998), aff'd per curiam 761 A.2d 1167 (Pa. 2000)). Agency cannot be assumed, however, merely by showing that one person has done an act for another. Id. (citing Ferry v. Fisher, 709 A.2d 399, 405 n. 5 (Pa. Super. Ct. 1998)).
Similarly, Macson's reliance on Alfarone v. Bernie Wolf Constr. Corp., 788 F.2d 76 (2d Cirl 1986), and Central States Southeast & Southwest Areas Pension Fund v. Goggin Truck Line, Inc., 140 F.R.D. 362, (N.D. Ill. 1991), is misplaced. Notwithstanding that neither case is binding upon this Court, the cases are factually distinguishable, and therefore inapposite. In Alfarone, the trust agreements contained a provision that if the trustees were deadlocked as to whether to take any action to enforce payment of contributions to the funds, the trustees must submit the dispute to arbitration. 788 F.2d at 78. By contrast here, there is no such provision in trust agreements at issue. In Goggin, the CBA specifically stated that the union, employer, or trustee may invoke ADR, and one of the trustees participated in the negotiations of the CBA, and therefore the pension and health funds could not claim ignorance of the arbitration provision. Unlike the CBA in Goggin, the PLA does not mention the Laborers' Combined Funds or their trustees in the arbitration provision, and there is no evidence that any of the named trustees participated in the negotiation of the PLA. As discussed above, the plain language of the PLA does not manifest an intent to require the Plaintiff/trustees to arbitrate its contribution claims. Thus, like the trustees in Schneider Moving & Storage Co. v. Robbins, Plaintiff was not required to arbitrate its contribution claim against Macson before bringing this suit in federal court under Section 502 of ERISA. 466 U.S. 364, 376 (1984). --------
As such, the Court concludes that no reasonable jury could find, on this record, that the Unions were acting with implied, actual, or apparent authority for Plaintiff in negotiating and agreeing to the terms of the PLA. Therefore, Macson's attempt to show that Plaintiff agreed to arbitrate disputes over the collection of unpaid contributions to the trust funds based on an agency theory fails.
In light of the explicit incorporation by the PLA of the trust agreement provisions governing employer/contractor contributions to trust funds, the lack of any explicit language in Article VII of the PLA making the grievance and arbitration procedure applicable to non-party trust funds, and the lack of any evidence to establish that Plaintiff was the agent of the unions for any purpose other than collecting employers' contributions to various fringe benefit funds, the Court concludes that the PLA does not govern Plaintiff's claim against Macson. Accordingly, the Court finds that a valid and enforceable agreement to arbitrate does not exist between Plaintiff and Macson. Therefore, the Court will deny Defendant's motion to compel arbitration. An appropriate order will follow. Dated: April 30, 2018
BY THE COURT:
/s Lisa Pupo Lenihan
LISA PUPO LENIHAN
United States Magistrate Judge


text:
Q: Llamar valores de una clase mediante un valor obtenido en un jtextfield me urge una ayudita...
Tengo un jframe en el cual llamo otro jframe, con este capturo en un jtexfiel un determinado texto.
Lo que necesito es que ese jtexfiel llame los valores de otro jframe.
por ejemplo: la clase uroanálisis tiene color, aspecto, densidad y ph
quiereo que al obtener el texto uroanálisis en mi jtexfield yo pueda llamar sus valores.

A: Sin poner tu código no se te puede dar una buena respuesta. Te recomiendo mirar la documentación de los JTEXTFIELD aquí
El método sería getText().

A: No puedo ayudarte realmente sin ver el código, porque no llegue a entender lo que necesitas.
Pero según lo que pusiste creo que podrías usar una función callback, que se invoque cuando pedis los datos del JTextField.
Por si no tenes bien claro de que se trata aca te dejo una buena explicacion
La otra interpretación es que quieras obtener los valores ingresados en ese JTextField al presionar por ejemplo un JButton. En ese caso es un poco mas sencillo, tenes que usar la funcion getText() del JTextField en cuestion.
Te aconsejo leer la documentación, esta todo muy claro ahi.

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