text:
Justia Dockets & Filings Fourth Circuit South Carolina District Court HDMG Entertainment LLC v. Certain Underwriters at Lloyd's of London Subscribing to Policy No L009082 Filing 83
HDMG Entertainment LLC v. Certain Underwriters at Lloyd's of London Subscribing to Policy No L009082
ORDER: The Court GRANTS IN PART AND DENIES IN PART Defendant's motion for summary judgment, GRANTING it with respect to Plaintiff's bad faith causes of action, but DENYING it with respect to the remaining issues. Signed by the Honorable R Bryan Harwell on 11/20/2018. (lsut, )
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA FLORENCE DIVISION HDMG Entertainment, LLC, ) ) Plaintiff, ) ) v. ) ) Certain Underwriters at Lloyd's of London ) Subscribing to Policy No. L009082, ) ) Defendant. ) ____________________________________) Civil Action No.: 4:16-cv-01626-RBH ORDER This matter is before the Court on Defendant's motion for summary judgment. See ECF No. 64. The Court grants in part and denies in part the motion for the reasons set forth below.1 Background The parties do not dispute the following facts. Plaintiff, HDMG Entertainment, LLC, planned to sponsor and produce an entertainment event known as the Swamp Fox Biker Bash (the "Bash") that was scheduled to occur at the Swamp Fox Entertainment Complex in Marion, South Carolina between May 8 and 15, 2015. Compl. at ¶ 3 [ECF No. 1-1]; Answer at ¶ 3 [ECF No. 27]. As the Court has previously noted, Plaintiff is a limited liability company organized under the laws of Delaware and doing business in Marion County, South Carolina; its principal place of business is in Milford, Connecticut, and its managing member and president is Robert Hartmann, Sr. ("Hartmann"), who is a citizen and resident of Connecticut. [Jan. 25, 2017 Order at 1, ECF No. 14]. Plaintiff leased the Swamp Fox Entertainment Complex from HSGCHG Investments, LLC ("HSGCHG"), a real estate holding company in which Hartmann has a 90% ownership interest. Hartmann Aff. at 1 [ECF No. 72- 1 Pursuant to Local Rule of Civil Procedure 7.08, the district court may decide motions without a hearing. The Court has reviewed the parties' filings and determined a hearing in this matter is unnecessary. 1]. In order to produce the Bash, Plaintiff needed a communications system in the venue to provide Internet access, phone service, and other services crucial to the event's success; without it, the Bash could not occur. Mem. in Supp. of Mot. for Summ. J at 3. As owner of the venue, HSGCHG entered into a contract with Time Warner Cable ("Time Warner") on January 23, 2015, to put a communications system in the venue. Resp. Mem. in Opp'n to Def.'s Mot. for Summ. J. at 10 (citing Time Warner Contract [ECF No. 72-6]). On January 29, 2015, as the work began, Time Warner estimated a March 14, 2015 completion date for the communications system. Mem. in Supp. of Mot. for Summ. J. at 5 (citing Jan. 29, 2015 Email [ECF No. 66-3]). However, this initial estimate was not met. On April 6, 2015, Time Warner told Plaintiff that the installation would occur on April 27. [Apr. 6, 2015 Email, ECF No. 72-8]. However, on April 22, 2015, Time Warner informed Hartmann that "due to unforeseen delays in construction[,]" installation would not be completed until after the Bash was scheduled to occur, forcing cancellation of the Bash. [Apr. 22, 2015 Letter, ECF No. 72-11]; Compl. ¶ 6. Plaintiff had sought event cancellation insurance for the Bash. On February 18, 2015, Gabriel Gornell, executive producer of the Bash, completed an event cancellation application ("the Application") with Ascend Insurance Brokerage ("Ascend") on Plaintiff's behalf. See Application [ECF No. 67-4]. In response to Question 12 on the Application—"Will the event require construction work?"—Plaintiff answered in the negative, noting that "[e]lements will require re-certification. But the stage and buildings are fully constructed." Id. at 2. In response to Question 19—"Have all necessary arrangements for the successful fulfillment of the performance(s) or event(s) to be insured been made?"—Plaintiff answered in the affirmative. Id. at 3. In response to Question 26—"Are there any other material facts or items of information with regard to the proposed performance(s) or event(s) 2 which should be disclosed? (A material fact is one likely to influence acceptance or assessment of this proposal by Underwriters)"—Plaintiff answered in the negative. Id. at 4. The Application includes a declaration "that non-disclosures or misrepresentation of a material fact will entitle the company to void the [i]nsurance" and Plaintiff's affirmation that "the information provided in this application . . . is true" and no material facts were withheld. Id. On April 28, 2015, Defendant, Certain Underwriters at Lloyd's of London Subscribing to Policy No. L009082,2 issued Plaintiff an event cancellation insurance policy with a March 26, 2015 effective date3 (the "Policy") under which Defendant agreed to indemnify Plaintiff up to $4,490,480.00 for losses resulting from cancellation of the Bash; in exchange, Plaintiff paid a $47,635.12 premium. Compl. at ¶ 4; Answer at ¶ 4; see Policy [ECF No. 72-2 at 2]. The Policy has certain requirements for coverage to apply, as well as seventeen exclusions and nineteen conditions. Policy [ECF No. 72-2 at 3, 5, 8–14]. The Policy was underwritten by HCC Speciality Underwriters, Inc. ("HCC") from its office in Massachusetts and delivered to Plaintiff's principal place of business in Milford, Connecticut. [Jan. 25, 2017 Order at 2]. On April 30, 2015, Plaintiff provided a notice of claim to HCC, explaining that it was forced to cancel the Bash due to Time Warner's failure to timely complete the communications system. See Notice of Claim [ECF No. 68-1 at 3]. Defendant began to investigate Plaintiff's claim. See June 20, 2015 Letter at 1 [ECF No. 68-4]. On August 27, 2015, Plaintiff provided its proof of loss. See ECF No. 72-12. On April 15, 2016, before a formal denial of the claim from Defendant, Plaintiff initiated 2 Defendant is an unincorporated association of individuals and/or corporate entities authorized to underwrite insurance issued at Lloyd's of London and doing business in Marion County, South Carolina. [Jan. 25, 2017 Order at 1–2]. 3 As stated, on April 22, 2015, Time Warner advised that the communications system would not be completed until after the scheduled Bash date. 3 this action by filing a complaint in the Court of Common Pleas for Marion County, South Carolina, asserting causes of action for breach of contract, statutory bad faith, and common law bad faith. Compl. at ¶¶ 11–22. On May 6, 2016, after further investigation, Defendant denied Plaintiff's claim, explained the grounds for denial, provided a notice of rescission of the Policy due to alleged material misrepresentations in the Application, and returned Plaintiff's premiums paid. See Notice of Rescission at 1 [ECF No. 68-10]. On May 20, 2016, Defendant timely removed the action to this Court under diversity jurisdiction. See ECF No. 1. On May 27, 2016, Defendant filed a motion to dismiss for improper venue or in the alternative to transfer venue, which the Court denied on January 25, 2017. See ECF No. 14. Subsequently, on March 6, 2017, Defendant filed an answer and counterclaim for: (1) a declaratory judgment that Defendant had no duty to indemnify because no coverage was triggered under the Policy; and (2) a declaratory judgment for rescission of the Policy due to Plaintiff's alleged intentional concealment and misrepresentation of material facts. Answer & Countercl. at ¶¶ 22–60 [ECF No. 24]. On April 2, 2017, Plaintiff filed an answer to Defendant's counterclaim. See ECF No. 27. On May 30, 2018, Defendant filed the instant motion for summary judgment. On June 18, 2018, Plaintiff filed a response in opposition, and on June 25, 2018, Defendant filed a reply thereto. See ECF Nos. 72 & 73. The matter is now ripe for the Court's consideration. Legal Standard Summary judgment is appropriate when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law. Reyazuddin v. Montgomery Cty., Md., 789 F.3d 407, 413 (4th Cir. 2015); see Fed. R. Civ. P. 56(a) ("The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as 4 a matter of law."). The moving party has the burden of showing "that there is an absence of evidence to support the nonmoving party's case." Celotex Corp. v. Catrett, 477 U.S. 317, 322–23 (1986). Once the movant makes this showing, the opposing party must "go beyond the pleadings" to evince "specific facts showing . . . a genuine issue for trial." Id. at 324. A genuine issue of material fact—one "that might affect the outcome of the suit under the governing law"—exists if, in viewing the record and all reasonable inferences drawn therefrom in a light most favorable to the non-moving party, a reasonable fact-finder could return a verdict for the non-movant. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). The nonmoving party is required to submit evidence of specific facts by way of affidavits, depositions, interrogatories, or admissions to demonstrate the existence of a genuine and material factual issue for trial. Celotex, 477 U.S. at 322. However, "the mere existence of some alleged factual dispute between the parties will not defeat an otherwise properly supported motion for summary judgment; the requirement is that there be no genuine issue of material fact." Anderson, 477 U.S. at 247–48. The Court should determine "whether the evidence presents a sufficient disagreement to require submission to a jury or whether it is so one-sided that one party must prevail as a matter of law. Id. at 251–52. The Court should not grant summary judgment "unless the entire record shows a right to judgment with such clarity as to leave no room for controversy and establishes affirmatively that the adverse party cannot prevail under any circumstances." Campbell v. Hewitt, Coleman & Assocs, Inc., 21 F.3d 52, 55 (4th Cir. 1994) (citation omitted). In ruling on a motion for summary judgment, the Court must not resolve disputed facts, weigh the evidence, Russell v. Microdyne Corp., 65 F.3d 1229, 1239 (4th Cir. 1995) (citation omitted), or make determinations of credibility. Sosebee v. Murphy, 797 F.2d 179, 182 (4th Cir. 1986). Inferences that are "drawn from the underlying facts . . . must be viewed 5 in the light most favorable to the party opposing the motion." United States v. Diebold, Inc., 369 U.S. 654, 655 (1962) (per curiam). Discussion Defendant moves for summary judgment pursuant to Federal Rule of Civil Procedure 56 on the grounds that there is no genuine dispute of material fact, entitling Defendant to judgment as a matter of law in its favor on the complaint and Defendant's counterclaim against Plaintiff. However, before determining if there is a genuine dispute of material fact, the Court must first determine what law governs the Policy. I. Governing Law Defendant contends that the parties agree that Connecticut law "governs interpretation of the Policy." Mem. in Supp. of Mot. for Summ. J. [ECF No. 65] at 16. Although Plaintiff "agrees Connecticut substantive law regarding interpretation of the [Policy] applies[,]" Resp. in Opp'n [ECF No. 72] at 5, it also "submits that South Carolina law applies" to its claims for statutory and commonlaw bad faith. Id. at 31. For the reasons discussed below, the Court holds that Connecticut law governs the Policy and this dispute.4 "[I]n a diversity case, a district court applies the substantive law of the forum state to resolve a plaintiff's state law claims." Russell v. McGrath, 135 F. Supp. 3d 427, 430 (D.S.C. 2015) (citing Erie R.R. v. Tompkins, 304 U.S. 64 (1938); Brown v. Am. Broad. Co., 704 F.2d 1296, 1299 (4th Cir. 1983)). Furthermore, when sitting in diversity, the court "appl[ies] the forum state's choice of law rules." Id. (citing Francis v. Allstate Inc. Co., 709 F.3d 362, 369 (4th Cir. 2013)). In South Carolina, "if the parties 4 The Court noted in its January 25, 2017 Order denying Defendant's motion to dismiss that the Policy does not contain a choice of law provision or a forum selection clause, though the Court declined to resolve what state law applies for purposes of that motion. [Jan. 25, 2017 Order at 2, 8, ECF No. 14]. 6 to a contract specify the law under which the contract shall be governed," the Court must honor this choice so long as the application of foreign law does not violate South Carolina public policy. Nucor Corp. v. Bell, 482 F. Supp. 2d 714, 728 (D.S.C. 2007) (citations omitted). Here, Defendant points to Condition 13 of the Policy as evidence that the parties intended for Connecticut law to govern the Policy. See Mem. in Supp. of Mot. for Summ. J. at 16 ("Connecticut [l]aw [g]overns"). Plaintiff does not oppose this interpretation of Condition 13. See Resp. Mem. in Opp'n at 5 ("Under South Carolina choice-of-law princip[le]s, [Plaintiff] agrees Connecticut substantive law regarding interpretation of the insurance policy applies."). Condition 13, titled "Conformity to Statute," provides that: "[t]erms of this policy in conflict with the written laws of any state in which this policy is issued, which are applicable to this policy, are changed to conform to such laws." Policy [ECF No. 72-2 at 13]. Because the parties do not dispute what this provision means, the Court need not decipher Condition 13 to find the parties' intent. Rather, because the parties' briefs make clear their intention for Connecticut law to govern the Policy, the Court holds that Connecticut law governs the Policy and the causes of actions arising thereunder. Despite agreeing that Connecticut law governs the Policy, Plaintiff still asserts that South Carolina law applies to its bad faith claims. See Resp. Mem. in Opp'n at 31 ("[Plaintiff] respectfully submits South Carolina law applies to its second claim . . ."). In seeking this exception, Plaintiff provides no basis for why South Carolina governs only the bad faith claims but not the breach of contract claim. Because the parties' briefs interpret the Policy as if it is governed by Connecticut law, the Court believes that the parties intend for Connecticut law to apply to the Policy and any causes of action arising under it; Plaintiff's assertion to the contrary is not adequately supported. See Fed. R. Civ. P. 56 (e)(2) ("If a party fails to properly support an assertion of fact or fails to properly address another 7 party's assertion of fact . . . , the court may . . . consider the fact undisputed for purposes of the motion."). However, because Defendant is entitled to summary judgment on the bad faith claims under South Carolina or Connecticut law, as explained below, no further discussion is necessary regarding which law applies to the bad faith claims. Next, the Court uses Connecticut law to determine whether summary judgment is appropriate on the breach of contract claim. II. Breach of Contract In moving for summary judgment, Defendant does so on the basis that Plaintiff's loss is not covered, meaning that Plaintiff cannot prevail on its breach of contract and bad faith claims. Mem. in Supp. of Mot. for Summ. J. at 2. Both parties agree that the Bash was ultimately cancelled due to Time Warner's failure to timely finish the communications system. Mem. in Supp. of Mot. for Summ. J. at 14; Resp. Mem. in Opp'n at 1; Reply at 1–2. However, the parties dispute whether that failure was beyond Plaintiff's control. Plaintiff alleges that the cancellation was beyond its control, it suffered damages as a result, cancellation was a covered event under the Policy, and that Defendant breached its contract and refused to pay Plaintiff's claim in bad faith. Compl. at ¶¶ 5–10. Conversely, Defendant alleges that cancellation was not beyond Plaintiff's control and the Policy does not cover the loss. Mem. in Supp. of Mot. for Summ. J. at 1. Defendant also contends that even if the loss is covered, several Policy exclusions apply. Id. at 1–2. Finally, Defendant contends that Plaintiff failed to meet three conditions of the Policy, relieving Defendant of any obligation to indemnify. Id. At trial, Plaintiff has the burden of proving that its claim is covered under the Policy, then the burden shifts to Defendant to prove that coverage is excluded. Nationwide Mut. Ins. Co. v. Pasiak, 173 A.3d 888, 896 (Conn. 2017) (citation omitted). As explained below, the Court finds that there are 8 genuine issues of material fact with respect to coverage and, thus, must deny summary judgment on the breach of contract cause of action. A. Coverage In moving for summary judgment, Defendant first asserts that Plaintiff cannot show that its loss is covered by the Policy. Mem. in. Supp. of Mot. for Summ. J. at 2. Plaintiff disagrees. Resp. Mem. in Opp'n at 10. The coverage section of the Policy provides in pertinent part: SECTION I – INSURING AGREEMENT A. EVENT CANCELLATION We will indemnify you, up to the Limit of Insurance, for your loss as a direct result of cancellation, abandonment, curtailment, postponement, or relocation of the insured event to which this insurance applies. B. APPLICATION OF COVERAGES In order for insurance to apply to Section I, all of the following conditions must be met: 1. the loss must be the direct result of an unexpected cause beyond your control and any party who is contracted by you to perform a function critical to the successful fulfillment of the Insured Event other than a principal speaker or entertainer. 2. the loss must not be the direct or indirect result of any excluded cause as shown in Section II. –Exclusions of this insurance; and 3. you must comply with all other terms and conditions of this policy. Policy [ECF No. 72-2 at 8]. By the Policy's plain language, there is no coverage if the cause of the loss is (1) expected; or (2) within Plaintiff's control or the control of a party with whom Plaintiff contracted. 9 Defendant argues that the loss was not unexpected, within Plaintiff's control, and within control of a party Plaintiff contracted because Plaintiff: (1) chose a venue without a communications system; (2) knew about the need for construction at the time it applied for insurance; (3) failed to take any timely action to seek alternatives when delays first began on March 14, 2015; and (4) Plaintiff contracted Time Warner. Mem. in Supp. of Mot. for Summ. J. at 19, 20. In response, Plaintiff maintains that the loss was unexpected and beyond its control because: (1) the Policy does not require Plaintiff to select a venue with any particular system; (2) the Policy does not require Plaintiff to seek alternatives within any particular time frame, and when Time Warner informed Plaintiff that installation would not be timely completed, Plaintiff immediately sought alternatives to no avail; and (3) Time Warner's contract was with HSGCHG, not Plaintiff, so there was no contractual relationship for Plaintiff to have control over Time Warner's delay or to have expected or foreseen the delay. Resp. Mem. in Opp'n at 10–11. As stated, Plaintiff, as the insured, bears the initial burden of showing that its loss is covered. Pasiak, 173 A.3d at 896. Therefore, the Court, construing the facts in the light most favorable to the non-moving Plaintiff, looks to whether Plaintiff has proffered evidence sufficient to create a genuine issue of material fact as to coverage. First, there is a genuine dispute as to whether the fact that Plaintiff chose a venue without a communications system means that the subsequent loss resulting from the failure to timely install one was expected and within Plaintiff's control. These principles of unexpectedness and lack of control encompass Defendant's argument about the fortuity doctrine, which is "a fundamental requirement in insurance law that the insurer will not pay for a loss unless the loss is 'fortuitous,' meaning that the loss must be accidental in some sense[.]" Brown v. State Farm Fire & Cas. Co., 90 A.3d 1054, 1059 (Conn. 10 App. Ct. 2014) (citation omitted). Plaintiff has proffered evidence through the affidavit of Hartmann, Plaintiff's president and managing member, such that a reasonable juror could find that the loss was unexpected, beyond Plaintiff's control, and accidental in some sense. See Hartmann Aff. at 2–3 [ECF No. 72-1] ("The initial installation schedule was for the cable installation to be completed on March 14, 2015.") ("Time Warner told me that 'due to unforeseen delays' the fiber optic cable would not be installed by April 17, 2015, 'as previously communicated.'") ("HDMG had no control over Time Warner's failure to install the fiber optic cable under its agreed-upon schedule."). Second, although Plaintiff knew at the time it applied for insurance that a communications system was needed in the venue, there is a genuine dispute as to whether the work to create the system constituted "construction" as contemplated by the Application or mere "installation" about which the Application did not inquire. The Application does not define construction, and the correspondence in this case reveals interchangeable use of "construction" and "installation" when referring to the work. Plaintiff contends that the work was mere installation, while Defendant asserts that it was construction. See Mem. in Supp. of Mot. for Summ. J. at 30; Resp. Mem. in Opp'n at 28–30. Whether the work was "construction" that Plaintiff materially misrepresented in the Application or mere "installation" is a question of fact for the jury. For the same reason, there is also a genuine dispute as to whether Plaintiff knowingly made a material misrepresentation in the Application entitling Defendant to rescission. Third, Plaintiff disputes Defendant's allegation that Plaintiff failed to seek alternatives when delays first began, asserting that it "contacted any fiber optic or communications provider [Plaintiff's officers] could think of to see if there was an alternative to the Time Warner fiber optic cable." Hartmann Aff. at 3. Moreover, Plaintiff contends that there was no alternative for postponing the Bash 11 because it was intended to occur contemporaneously with a nearby major biker festival. Id. at 2. Accordingly, a juror could find that Plaintiff properly sought alternatives to no avail. Fourth, there is evidence that Plaintiff did not contract with Time Warner; rather, HSGCHG, the company that owned the venue, did. See Time Warner Contract at 1 [ECF No. 72-6]. There is, however, a genuine dispute as to whether Plaintiff had control over or knew about or should have foreseen Time Warner's delays since there is some overlap of Plaintiff's officers and agents with the owners of HSGCHG and there was communication between Time Warner and Plaintiff's officers and agents about the work. See Mar. 3, 2015 Email [ECF No. 66-8] (Time Warner subcontractor informing Hartmann and Gornell about tight schedule); Apr. 9, 2015 Email [ECF No. 66-9] (Time Warner providing update to Hartmann and Gornell); Apr. 21, 2015 Letter [ECF No. 66-11] (Time Warner subcontractor informing Plaintiff that work would not be completed before the bash); Apr. 22, 2015 Letter [ECF No. 66-10] (Time Warner informing Hartmann about inability to complete work before the Bash). Thus, the degree of control and knowledge Plaintiff had is a question of fact for the jury. Accordingly, the Court finds that Plaintiff has proffered sufficient evidence such that there are genuine disputes with respect to coverage. Therefore, the Court denies summary judgment on the issue of coverage. B. Exclusions Next, the Court examines Defendant's argument that it is entitled to summary judgment on the grounds there is no dispute that one or more exclusions apply, relieving Defendant of liability. "When construing exclusion clauses, 'the language should be construed in favor of the insured unless it has a high degree of certainty that the policy language clearly and unambiguously excludes the claim.'" 12 Pasiak, 173 A.3d at 896 (citing Vt. Mut. Ins. Co. v. Walukiewicz, 966 A.2d 672 (Conn. 2009)). Defendant contends the following exclusions apply: SECTION II – EXCLUSIONS We will not pay for loss or damage caused directly or indirectly by any of the following. Such loss or damage is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the loss. .... 6. Financial Failure a. Withdrawal, insufficiency or lack of finance however caused; .... c. Lack of adequate receipts, sales or profits of any venture; .... e. Financial default, insolvency, or failure to pay any person, firm or corporation. 7. Lack of Support a. Lack of adequate response, support or withdrawal of such support by any entity; b. Lack of, or inadequate attendance or insufficient interest prior to attendance. 8. Failure to Make Necessary Arrangements Your failure to: a. make all the preliminary arrangements essential to ensure that a satisfactory insured event can be held on the scheduled date. Preliminary arrangements shall include arrangements as a prudent organizer would have made considering the venue size, type of event and the period of time before the open date; b. ensure all licenses, visas, permits and authorizations are current for the term of this policy, and that all necessary contractual arrangements have been confirmed in writing; or 13 c. observe and comply with all federal, state, or local laws, ordinances and regulations. 9. Pre-existing Circumstances Circumstances existing or threatened at inception of the policy which were then known to you or any of your officers, directors, or partners as being circumstances which a reasonably prudent person would foresee resulting in a loss under this policy, unless such circumstances were advised to us in writing by you or any of your officers, directors, or partners and we agree in writing to accept such circumstances. .... 12. Breach of Duty of Care Your lack of care, diligence or prudent behavior, the result of which would increase the risk, and/or likelihood of a loss, hereunder. Mem. in Supp. of Mot. for Summ. J. at 21–24 (quoting Policy [ECF No. 72-2 at 9–11]). The Court briefly examines whether Plaintiff has proffered evidence creating a genuine dispute with respect to these exclusions. First, Defendant contends Exclusions 6, 7, and 12 apply because Plaintiff's cancellation of the Bash was "related to its own financial failures, lack of support, and breach of its duty of care," claiming that: (1) "[c]orrespondence shows a lack of cash flow and outstanding bills months before cancellation"; (2) "[n]umerous production vendors withdrew due to lack of payment"; and (3) "[Plaintiff] was not able to secure sufficient attendance to properly fund the event." Mem. in Supp. of Mot. for Summ. J. at 22. Defendant does not articulate how Exclusion 12 applies, and it appears to rely on the same allegations about lack of cash flow, outstanding bills, withdrawal of vendors, and insufficient attendance for its contention that Plaintiff breached its duty of care. See id. In response, Plaintiff cites Hartmann's affidavit where he states that: (1) Plaintiff had sufficient financial resources to support the Bash; (2) even though some vendors withdrew, they were promptly replaced 14 and no withdrawal caused the cancellation; and (3) Plaintiff did not expect its target market to purchase many tickets in advance. Resp. Mem. in Opp'n at 14, 18. Accordingly, there are genuine disputes with respect to Exclusions 6, 7, and 12. Second, Defendant contends Exclusion 8 applies because the Bash's cancellation "was related to its own failure to make necessary arrangements," claiming: (1) Plaintiff "did not complete necessary contracts nor ensure that its necessary South Carolina requirements were met for the successful fulfillment of the event"; (2) "performers were not paid with required deposits"; (3) Plaintiff "did not make the necessary payments or sell sufficient tickets as projected to prevent the withdrawal of its event caterer"; and (4) Plaintiff "failed to act at the onset of construction delays . . . to prevent further delays by Time Warner." Mem. in Supp. of Mot. for Summ. J. at 22–23. In response, Plaintiff asserts that "[a]ccording to the Hartmann affidavit, all 'necessary' or 'preliminary' arrangements were made for a successful [Bash]," noting: (1) "HSGCHG's engagement of Time Warner to install the [communications system] was one of the preliminary arrangements necessary for the [Bash]"; (2) "[t]here is no evidence any lack of license or permit existed, or caused the cancellation"; and (3) contracts for security, liquor, first aid, vendors, concessions, tents, temporary state, and temporary lighting were "in process" as of April 22, 2015, when Time Warner informed Plaintiff that it could not complete the communications system. Resp. Mem. in Opp'n at 19–20. Accordingly, there is a genuine dispute with respect to Exclusion 8. Finally, Defendant contends Exclusion 9 applies because "the absence of a fiber optic communications system was a pre-existing condition known to [Plaintiff]." Mem. in Supp. of Mot. for Summ. J. at 23. In response, Plaintiff asserts that "HSGCHG reasonably and prudently engaged Time Warner to install the [communications system]. When it notified HSGCHG that it could not do so by 15 the required deadline, alternatives were reasonably and prudently explored, with negative results and the[Bash] had to be cancelled." Resp. Mem. in Opp'n at 22. Accordingly, there is a genuine dispute with respect to Exclusion 9. In summation, Plaintiff has proffered evidence, mostly through Hartmann's affidavit and the evidence cited therein, to create genuine disputes with respect to the alleged exclusions. Therefore, the Court denies summary judgment on the issue of exclusions. C. Conditions Next, the Court examines Defendant's contention that it is entitled to summary judgment because there is no dispute that Plaintiff failed to satisfy two conditions in the Policy. Defendant points to these conditions: SECTION IV – CONDITIONS .... 2. Duties in the Event of a Loss You must see that the following are done in the event of covered loss or damage: a. Upon the discovery of any event likely to give rise to a claim under this policy you shall give us prompt notice. Include a description of such loss; b. You shall at all times do all things necessary to avoid or diminish a loss under this policy; .... 15. Obligation to Rearrange You have an obligation to use your best efforts to rearrange any insured event that has been subject to cancellation or abandonment in order to mitigate any loss covered hereunder. Mem. in Supp. of Mot. for Summ. J. at 25 (citing Policy [ECF No. 72-2 at 12, 14]). Defendant asserts that coverage is barred because Plaintiff failed to satisfy Conditions 2 and 15, contending these are 16 conditions precedent to coverage. Id. at 24, 27. These appear to be duties to mitigate and notify when a loss occurs. Regardless, Plaintiff has proffered evidence showing that: (1) Time Warner informed Plaintiff on April 22, 2015, that it could not timely complete the communications system; (2) upon learning this, Plaintiff and HSGCHG "contacted any fiber optic or communications provider [they] could think of to see if there was an alternative"; and (3) Plaintiff provided Defendant its notice of loss on April 30, 2015. Mem. in Opp'n to Mot. for Summ. J. at 26–28; Hartmann Aff. at 3. Whether these facts and this evidence show that Plaintiff gave prompt notice and mitigated its loss pursuant to the Policy is a question of fact for the jury. Accordingly, the Court denies summary judgment on the issue of conditions. Because there are genuine disputes with respect to the issues of coverage, exclusions, and conditions, the Court denies summary judgment on the breach of contract cause of action. III. Bad Faith As previously noted, the parties' briefs analyze the Policy as if it is governed by Connecticut law; nevertheless, Plaintiff contends that South Carolina law applies to its bad faith claims.5 However, 5 To prevail on a bad faith claim under South Carolina law, a plaintiff must present evidence of: "(1) the existence of a mutually binding contract of insurance between the plaintiff and the defendant; (2) a refusal by the insurer to pay benefits due under the contract; (3) resulting from the insurer's bad faith or unreasonable action in breach of the implied covenant of good faith and fair dealing arising under the contract; (4) causing damage to the insured." Lewis v. Omni Indem. Co., 970 F. Supp. 2d 437, 454–55 (D.S.C. 2013). Connecticut recognizes common law and statutory bad faith. A common law bad faith cause of action arises out of a breach of the "implied covenant of good faith and fair dealing" that accompanies insurance policies. Buckman v. People Express, Inc., 530 A.2d 596, 599 (Conn. 1987) (citations omitted). The Connecticut Supreme Court has held that "[t]o constitute a breach of [the implied covenant of good faith and fair dealing], the acts by which a defendant allegedly impedes the plaintiff's right to receive benefits that he or she reasonably expected to receive under the contract must have been taken in bad faith." Capstone Bldg. Corp. v. Am. Motorist Ins. Co., 67 A.3d 961, 986 (Conn. 2013) (second alteration in original). "Bad faith in general implies both actual or constructive fraud, or a design to mislead or deceive another, or a neglect or refusal to fulfill some duty or contractual obligation, not prompted by an honest mistake as to one's rights or duties, but by some interested or sinister motive." Id. It "means more than mere negligence; it involves a dishonest purpose." Id. (citing De La Concha of Hartford, Inc. v. Aetna Life Ins. Co., 849 A.2d 382 (Conn. 2004). On the other hand, a cause of action for statutory bad faith arises from a violation of the Connecticut Unfair Insurance Practices Act, which in turn violates the Connecticut Unfair Trade Practices Act. Id. at 990–91. 17 regardless of which state's law applies, Plaintiff cannot succeed on its bad faith causes of action, as explained below. Defendant argues that Plaintiff cannot prevail on its bad faith claims because the evidence shows that Defendant diligently processed Plaintiff's claim, considered all information submitted in the Application and with the proof of loss, relied on Policy provisions to support its position, conducted site visits and interviews while investigating, and reviewed thousands of documents. Mem. in Supp. of Mot. for Summ. J. at 28–29. In opposing summary judgment, Plaintiff asserts that Defendant decided to deny Plaintiff's claim before Plaintiff even submitted the claim and before any investigation took place. Resp. Mem. in Opp'n at 31. Regardless of which state's law applies, neither of Plaintiff's assertions is supported by the evidence. For the first assertion that Defendant denied its claim before the claim was even submitted, Plaintiff cites to an April 28, 2015 email sent to Plaintiff by Paul Bassman, Ascend's insurance broker, who stated that " a claim denial . . . would likely be the result if [Plaintiff] initiated a claim." Id. at 31–32 (citing ECF No. 67-13). However, Ascend is not the entity that denied Plaintiff's claim; in fact, Ascend was Plaintiff's insurance broker and agent. See Shetucket Plumbing Supply Inc. v. S.C.S. Agency, Inc., 570 F. Supp. 2d 282, 286 (D. Conn. 2008) (citing Ursini v. Goldman, 118 Conn. 554 (1934)); Hiott v. Guar. Nat'l Ins. Co., 496 S.E.2d 417 at 422 (S.C. Ct. App. 1997) (citing Allstate Ins. Co. v. Smoak, 182 S.E.2d 749 (S.C. 1971)). Accordingly, Plaintiff's first assertion does not support a showing of bad faith by Defendant. For the second assertion that Defendant denied the claim before any investigation, the evidence is undisputed that Defendant did in fact investigate before denying the claim. See June 30, 2015 Letter [ECF No. 68-4]; July 16, 2015 Email [ECF No. 68-3]; July 30, 2015 Letter [ECF No. 68-5]; Sept. 16, 18 2015 Letter [ECF No. 68-6]; Nov. 30, 2015 Letter [ECF No. 68-7]; Mar. 23, 2016 Letter [ECF No. 688]; Notice of Rescission [ECF No. 68-10]. Even assuming no investigation by Defendant, the Connecticut Supreme Court has "decline[d] to extend bad faith actions to allegations based solely on a failure to investigate where the investigation is not mandated under the policy," noting that "[i]nsurers disclaiming their duty to defend or indemnify under the policy, subsequent to a failure to investigate, risk extracontractual liability for consequential economic and noneconomic losses." Capstone, 67 A.3d at 990. Here, the Policy does not mandate an investigation by Defendant, but it imposes certain duties on Plaintiff when Defendant elects to investigate. See Policy [ECF No. 72-2 at 12] (emphasis added) ("[Plaintiff] shall cooperate with us and, upon our request and expense, shall attend hearings and trials and shall assist in effecting settlement, in securing and giving evidence, in obtaining the attendance of witnesses, in the investigation or settlement of the claim[.]"). Therefore, Plaintiff cannot base a Connecticut bad faith cause of action solely on Defendant's alleged failure to investigate. See Capstone, 67 A.3d at 990 ("We . . . conclude that, in the absence of a breach of an express duty under [an] insurance policy, there is no independent cause of action for deficiencies in the insurer's investigation."). Accordingly, Plaintiff's only two grounds for opposing summary judgment on its bad faith claims lack merit. Therefore, the Court grants summary judgment as to the bad faith causes of action. 19 Conclusion For the foregoing reasons, the Court GRANTS IN PART AND DENIES IN PART Defendant's motion for summary judgment, GRANTING it with respect to Plaintiff's bad faith causes of action, but DENYING it with respect to the remaining issues. IT IS SO ORDERED. Florence, South Carolina November 20, 2018 s/ R. Bryan Harwell R. Bryan Harwell United States District 20


text:
v bail remove (water) from a vessel with a container
v bail empty (a vessel) by bailing
v bail secure the release of (someone) by providing security
v bail deliver something in trust to somebody for a special purpose and for a limited period
v bail release after a security has been paid
n bail the legal system that allows an accused person to be temporarily released from custody (usually on condition that a sum of money guarantees their appearance at trial) "he is out on bail"
n bail (criminal law) money that must be forfeited by the bondsman if an accused person fails to appear in court for trial "the judge set bail at $10,000","a $10,000 bond was furnished by an alderman"
Interesting fact: A man was arrested and charged with the robbery—of vending machines. The man posted bail, entirely in quarters.
n Bail bāl A bucket or scoop used in bailing water out of a boat. "The bail of a canoe . . . made of a human skull."
Bail A certain limit within a forest.
Bail A division for the stalls of an open stable.
Bail A half hoop for supporting the cover of a carrier's wagon, awning of a boat, etc.
Bail A line of palisades serving as an exterior defense.
Bail Custody; keeping. "Silly Faunus now within their bail ."
Bail The arched handle of a kettle, pail, or similar vessel, usually movable.
Bail The outer wall of a feudal castle. Hence: The space inclosed by it; the outer court.
Bail (Law) The person or persons who procure the release of a prisoner from the custody of the officer, or from imprisonment, by becoming surety for his appearance in court.
Bail (Law) The security given for the appearance of a prisoner in order to obtain his release from custody of the officer; as, the man is out on bail; to go bail for any one.
Bail (Cricket) The top or cross piece (or either of the two cross pieces) of the wicket.
Bail (Law) To deliver, as goods in trust, for some special object or purpose, upon a contract, expressed or implied, that the trust shall be faithfully executed on the part of the bailee, or person intrusted; as, to bail cloth to a tailor to be made into a garment; to bail goods to a carrier.
Bail To deliver; to release. "Ne none there was to rescue her, ne none to bail ."
Bail To dip or lade water from; -- often with out to express completeness; as, to bail a boat. "By the help of a small bucket and our hats we bailed her out."
Bail To lade; to dip and throw; -- usually with out; as, to bail water out of a boat. "Buckets . . . to bail out the water."
Bail (Law) To set free, or deliver from arrest, or out of custody, on the undertaking of some other person or persons that he or they will be responsible for the appearance, at a certain day and place, of the person bailed.
n bail A hoop or ring; a piece of wood, metal, or other material bent into the form of a circle or half-circle, as a hoop for supporting the tilt of a boat, the cover of a wagon or cradle, etc. Specifically The hoop forming the handle of a kettle or bucket.
n bail One of the iron yokes which serve to suspend a lifecar from the hawser on which it runs.
n bail A stout iron yoke placed over heavy guns and fitting closely over the ends of the trunnions, to which it is attached by pins in the axis of the trunnions: used to raise the gun by means of the gin.
n bail An arched support of a millstone.
n bail A wooden canopy formed of bows.
bail To provide with a bail; hoop.
bail In law: To deliver, as goods, without transference of ownership, on an agreement, expressed or implied, that they shall be returned or accounted for. See bailment.
bail To set free, deliver, or liberate from arrest and imprisonment, upon security given that the person bailed shall appear and answer in court or satisfy the judgment given: applied to the action of the magistrate or the surety. The magistrate is said to bail a person (or to admit him to bail) when he liberates him from arrest or imprisonment, upon bond given with sureties. The surety is also said to bail the person whose release he procures by giving the bond.
bail Figuratively, to release; liberate.
bail To be security for; secure; protect.
n bail Power; custody; jurisdiction.
n bail The keeping of a person in nominal custody on security that he shall appear in court at a specified time. The person is said to be admitted to bail, in which phrase, however, bail is now commonly thought of as the security given. See 3.
n bail Security given to obtain the release of a prisoner from custody, pending final decision in the action against him. In civil cases a person arrested has always the right to give sufficient bail, and thereupon be released from custody. In criminal cases the defendant has also this right, as a rule, when the crime charged is a mere misdemeanor. Whether to bail one charged with treason or felony is usually in the discretion of the judge, and in some states bail is always denied to one held for a crime punishable with death. The security is in the form of a bond executed by responsible sureties, providing that the defendant shall appear at the order of the court under penalty of forfeiture of the sum named in the bond. The person bailed is regarded as but transferred from the custody of the law to that of his sureties, who may therefore seize and surrender him at any time. In civil cases there are several kinds of bail at common law, the chief being common bail and special bail. Common bail, or bail below, which is now disused, was given to the sheriff on a bail-bond entered into by two persons, on condition that the defendant appear at the day and in such place as the arresting process commands. Special bail, bail above, or bail to the action, is given by persons who undertake generally, after appearance of a defendant, that if he be condemned in the action he shall satisfy the debt, costs, and damages, or render himself to the proper person, or that they will do so for him. (Wharton.) In Scotland, bail in civil cases is called caution (which see).
n bail Figuratively, security; guaranty.
n bail Liberation on bail: as, to grant bail.
n bail The person or persons who provide bail, and thus obtain the temporary release of a prisoner. Persons who make a business of furnishing bail on payment of a fee often frequent law-courts. Formerly such persons wore straws in their shoes as a sign of their occupation; hence the term straw bail, used to designate fictitious or irresponsible professional bail.
n bail [Bail, being an abstract noun applicable to persons only by ellipsis, is not used in the plural.]
n bail To vouch (for a thing): as, I'll go bail for that.
n bail A bar; a cross-bar.
n bail In cricket, one of the two little bars or sticks, about 4 inches long, which are laid on the tops of the stumps, one end resting in the groove of one stump, and the other in that of the next. Since they fall with the lightest blow, they serve to indicate when the stumps have been struck.
n bail A bar or pole to separate horses in a stable.
n bail A framework for securing the head of a cow while she is being milked.
n bail [The earliest use in E.] Milit.: plural The outer wall or line of defenses, originally often made of stakes; barriers; palisades. See palisade. Hence— The space inclosed by the outer wall; the outer court of a castle or a fortified post: in this sense usually called bailey. See bailey.
n bail A certain limit in a forest.
bail To bar in; confine.
bail To provide with a bail.
n bail A bucket; a pail; especially, a bucket or other small vessel used to dip water out of a boat.
bail To remove (water), or free (a boat, etc.) from water, with a bail, bucket, basin, or other small vessel: usually with out.
bail To remove water, as from a boat or the like, with a bail or bucket.
bail etc. Obsolete and less proper spelling of bale, etc.
n bail In Canadian law, a demise of realty.
n bail In practice, the formal entering of fictitious bail when special bail is not required. It is intended merely to express the appearance of a defendant.
bail To halt or surrender when "bailed up" or "held up" by a highway-man.
n Bail bāl one who procures the release of an accused person by becoming guardian or security for his appearing in court: the security given:
v.t Bail to set a person free by giving security for him: to release on the security of another
v.t Bail bāl (rare) to confine
n Bail bāl palisades, barriers: a pole separating horses in an open stable.
n Bail bāl one of the cross pieces on the top of the wicket in cricket
v.t Bail bāl to clear (a boat) of water with bails or shallow buckets
n Bail a man or instrument for bailing water out of a ship, pit, &c.—Also spelled Bale
n Bail bāl (Spens.) jurisdiction
"I could as easily bail out the Potomac River with a teaspoon as attend to all the details of the army."
James Dye
"The term bail-out is deceptive. They have people come up with euphenisms to hide reality"
OE. beyl,; cf. Dan. böile, a bending, ring, hoop, Sw. bögel, bygel, and Icel. beyla, hump, swelling, akin to E. bow, to bend
O. Fr. bail, jurisdiction—baillier, to control, deliver. Primarily implying 'custody' or 'charge,' the word became associated with Norm. Fr. bailler, to deliver—L. bajulus.
They bent to their oars; the boys bailed as hard as they could.
"The Voyage of the "Steadfast"" by W.H.G. Kingston
He at first set to work to bail out the boat, for already she had shipped a good deal of water.
"Michael Penguyne" by William H. G. Kingston
Even as it was, they continued breaking over the sides, and it required active bailing to free her from water.
"In the Wilds of Africa" by W.H.G. Kingston
Tweed was once placed here in Ludlow Street Jail in default of $3,000,000 bail.
"The Wit and Humor of America, Volume VIII (of X)" by Various
Bail was demanded for his appearance to stand a trial for misconduct and breach of law.
"Who Are Happiest? and Other Stories" by T. S. Arthur
They passed the fisherman in the Hampton boat; he was bailing his craft.
"Blow The Man Down" by Holman Day
Kidd had made no good voyage, having no money and only 160 Bailes of Callicoes on board.
"Privateering and Piracy in the Colonial Period" by Various
It is now usual to set up two stumps with a bail across, which the batsman, when he runs, must beat off before he returns home.
"The Book of Sports:" by William Martin
Frank was the patron saint of the students for years when it came to bail.
"At Good Old Siwash" by George Fitch
They were bound over and released on bail.
"Blue Ridge Country" by Jean Thomas
The wallet and the money were bailed to you.
"Rollo's Museum" by Jacob Abbott
He had been bailed out by Pete, and had forfeited his bail in an attempt at flight.
"The Manxman A Novel - 1895" by Hall Caine
I'll go bail it's more than five times what I do.
"Ralph the Heir" by Anthony Trollope
Is not the most feasible to have Druce released on bail?
"Little Lost Sister" by Virginia Brooks
But probably he's bailed himself out by this time.
"The Madness of May" by Meredith Nicholson
You, Le, would have been arrested for murder, and would have been thrown into prison without bail.
"Her Mother's Secret" by Emma D. E. N. Southworth
Stahl was held in bail of $10,000 by United States Commissioner Houghton and locked up in the Tombs.
"New York Times Current History; The European War, Vol 2, No. 4, July, 1915" by Various
Mr. Fenwick was clearly of opinion that he should not be detained, if bail could be forthcoming.
"The Vicar of Bullhampton" by Anthony Trollope
It kept Percy busy bailing.
"Jim Spurling, Fisherman" by Albert Walter Tolman
After the third bailing the hole would fill with filtered water.
"Boy Scouts Handbook" by Boy Scouts of America
Then the lady told her master
How she gave the horse and mail
To the drunkard, and had taken
Abu Midjan's word for bail.
"Abu Midjan" by Archibald Lampman
Rock'd in the cradle of alarms,
Nurs'd in the school where glory's won,
Rejoicing in the din of arms,
Soon Valour bail'd her darling son:
"On The Death Of Lieut. Gen. Sir Ralph Abercromby. Killed At The Battle Of Alexandria, In Egypt, Marc" by Hector MacNeill
There is naught on earth to please us;
All things at the crisis fail.
Friends desert us, bailiffs tease us--
(To such foes we give leg-bail).
"Thick-Headed Thoughts: Part 3" by Adam Lindsay Gordon
If guiltless, how she have been slandered!
If guilty, wengeance will not fail:
Meanwhile the lady is remanded
And gev three hundred pouns in bail.
"The Knight And The Lady" by William Makepeace Thackeray
Whate'er they want unto the needy lend,
And God himself will deign to be their bail:
If thou shalt them in their distress befriend,
Christ will the debt repay thee, and ne'er fail.
"Advice To Distribute To The Poor, According To Every One's Circumstances And Abilities" by Rees Prichard
Our beds are maid of old rotten rugs,
And when you lay down you are covered with bugs;
The rugs they will swear they will never give bail,
And you're bound to get lousy in Vicksburg Jale.
"The Vicksburg Jail" by Anonymous Americas
President Barack Obama had little trouble winning Michigan in 2008, with his dominance in Wayne County and Detroit ensuring a double-digit drubbing of Sen John McCain, who bailed out of the state a month before the election.
hispanicbusiness.com
Pension fund executives were among leaders in the effort to reform the financial system and end the doctrine of too big to fail and the practice of bailing out major financial institutions.
A man arrested in the shooting death of Yancy Noll at a north Seattle intersection has been ordered held without bail.
king5.com
Pastorious was arraigned in the New Hartford Town Criminal Court and sent to the Oneida County Jail on no bail.
wibx950.com
A Moscow court rejected an appeal on Thursday by the jailed Russian oil tycoon Mikhail B Khodorkovsky that he be freed on bail pending trial.
It's a good thing bail money doesn't count against the salary cap.
When the Old Town Scottsdale Oregano 's bailed on its original home and moved into the long-abandoned building that once housed an extravagant bar called Sugar Daddy's, we were a little shocked.
phoenixnewtimes.com
Show of his pledge to pay Julian Assange's bail.
commentarymagazine.com
Investors remain leery and bail out of stock market.
sunny1015.com
The transgender woman sought in connection with a botched-implant death last year is being held on $10 million bail following her arrest last night for a separate incident.
Could bail reform bail out California's overcrowded jails.
kalw.org
The two Americans bailed out of a failing F-14 Tomcat fighter jet in the Iraqi desert, and when rescuers asked if they could walk, they didn't hesitate.
Pardo brothers denied bail, release.
Knowing when to bail out.
harpers.org
American International Group posted first-quarter profits on Thursday that rose sharply versus last year, as the bailed-out insurer inches closer to paying back the US government.
money.cnn.com
Lorimer, D. R., Lyne, A. G., Bailes, M., Manchester, R. N., D'Amico, N., Stappers, B. W., Johnston, S., and Camilo, F., "Discovery of four binary millisecond pulsars", Mon.
Binary and Millisecond Pulsars at the New Millennium
Lorimer, D. R., Nicastro, L., Lyne, A. G., Bailes, M., Manchester, R. N., Johnston, S., Bell, J. F., D'Amico, N., and Harrison, P. A., "Four new millisecond pulsars in the Galactic disk", Astrophys. J., 439, 933–938, (1995).
Lyne, A. G., and Bailes, M., "The mass of the PSR 2303+46 system", Mon.
Nicastro, L., Lyne, A. G., Lorimer, D. R., Harrison, P. A., Bailes, M., and Skidmore, B. D., "PSR J1012+5307: a 5.26 ms pulsar in a 14.5 hour binary orbit", Mon.
Arzoumanian, Z., "Improved Bounds on Violation of the Strong Equivalence Principle", in Bailes, M., Nice, D. J., and Thorsett, S. E., eds., Radio Pulsars, (Astronomical Society of the Pacific, San Francisco, 2003).
Testing General Relativity with Pulsar Timing
Bailes, M., "Geodetic precession in binary pulsars", Astron.
Edwards, R. T., and Bailes, M., "Discovery of Two Relativistic Neutron Star – White Dwarf Binaries", Astrophys. J.
Edwards, R. T., Bailes, M., van Straten, W., and Britton, M. C., "The Swinburne intermediate-latitude pulsar survey", Mon.
Johnston, S., Lorimer, D. R., Harrison, P. A., Bailes, M., Lyne, A. G., Bell, J. F., Kaspi, V. M., Manchester, R. N., D'Amico, N., Nicastro, L., and Jin, Shengzhen, "Discovery of a very bright, nearby binary millisecond pulsar", Nature, 361, 613–615, (1993).
Kramer, Michael, Loehmer, Oliver, and Karastergiou, Aris, "Geodetic Precession in PSR B1913+16", in Bailes, M., Nice, D. J., and Thorsett, S. E., eds., Radio Pulsars, (Astronomical Society of the Pacific, San Francisco, 2003).
Straten, W., Bailes, M., Britton, M., Kulkarni, S. R., Anderson, S. B., Manchester, R. N., and Sarkissian, J., "A test of general relativity from the three-dimensional orbital geometry of a binary pulsar", Nature, 412, 158–160, (2001).
Weisberg, J. M., and Taylor, J. H., "The Relativistic Binary Pulsar B1913+16", in Bailes, M., Nice, D. J., and Thorsett, S. E., eds., Radio Pulsars, (Astronomical Society of the Pacific, San Francisco, 2003).
Bailes, M., Ord, S.M., Knight, H.S., and Hotan, A.W., "Self-consistency of relativistic observables with general relativity in the white dwarf-neutron star binary PSR J1141-6545", Astrophys. J.
The Confrontation between General Relativity and Experiment
For the MSPs of the second group in Table 1 (with d < 1 kpc), the distance estimates obtained from the pulsar parallaxes and those inferred from their dispersion measures agree well with each other (see Hotan, Bails & Ord 2006 and Lommen et al. 2006).
Studying Millisecond Pulsars in X-rays
Straten, W., Bailes, M., Britton, M., Kulkarni, S.R., Anderson, S.B., Manchester, R.N., and Sarkissian, J., "A test of general relativity from the three-dimensional orbital geometry of a binary pulsar", Nature, 412, 158–160, (2001).
Probes and Tests of Strong-Field Gravity with Observations in the Electromagnetic Spectrum
bail bond, bond
deliver, empty, fork out, fork over, fork up, free, guarantee, hand over, legal system, liberate, loose, recognisance, recognizance, release, remove, render, take, take away, turn in, unloose, unloosen, vouch, withdraw
bailable, bailee, bailment, bailor
admit, Arrestment, bail out, bailable, Bailey, Bailie, Bailpiece, Bailsman, Bale, Ballium, bond, borrow, Boul, bound, caution, cricket, exception, exonerate, give, handfast, handle, jibe, Jump one's bail, justify, Knight of the post, lave, leg, Mainpernor, Mainprise, Ne exeat, out, pail, pledge, Replevin, Replevy, stipulation, straw, Straw bail, stump, surety, surrender, Swing-handle, To accept bail, To admit to bail, To allow bail, To bowl, To jump one's bail, Vadimony, Vadium
vail, gail, hail, nail, bqil, bwil, bsil, bzil, baul, bajl, bakl, baol, baik, baio, baip

redpajama_set_name: RedPajamaCommonCrawl


text:
Russian supply ship headed for the Space Station burns up in the atmosphere
A failure 6 minutes into the flight is to blame
By Sean O'Kane@sokane1 Updated Dec 1, 2016, 1:13pm EST
Share All sharing options for: Russian supply ship headed for the Space Station burns up in the atmosphere
The Progress 62 cargo ship
An uncrewed Russian spacecraft meant to resupply the International Space Station has been lost. Roscosmos, Russia's space agency, says that communication with the spacecraft ended 382 seconds into the flight. The third stage of the Soyuz rocket, which helps propel the cargo ship to its final orbit, reportedly shut down "earlier than planned" according to NASA's live broadcast of the mission.
The Progress MS-04 spacecraft never made it into proper orbit without that full third stage burn. Instead, gravity took hold and it burned up in the Earth's atmosphere sometime in the hours after the 9:51AM ET launch from the Baikonur Cosmodrome in Kazakhstan. Reports of explosions and fireballs in the sky of Tuva, Russia around the same time.
Social Media Reports of an explosion in the skies over Tuva, Russia around the time #ProgressMS04 vanished. Location also good match.
— ISS Updates (@ISS101) December 1, 2016
A likely sighting of the troubled #Soyuz/#ProgressMS04 over city of Biysk in Southern Russia. pic.twitter.com/Cmi70QOS6I
— Anatoly Zak (@RussianSpaceWeb) December 1, 2016
The ship was carrying more than 5,300 pounds (2,400 kilograms) of cargo, including food, water, propellant, and other supplies. NASA schedules cargo flights in such a way that a loss of one or two missions can't directly endanger the crew aboard the space station. "Our astronauts and the Russian cosmonauts are safe aboard the station," NASA wrote in a blog post. "Consumables aboard the station are at good levels."
The next ISS resupply mission is supposed to launch next week, with another one scheduled for early 2017. Roscosmos is one of four entities capable of resupplying the ISS. The Japanese space agency will launch next week's cargo mission. Two private spaceflight companies — SpaceX and Orbital ATK — have contracts with NASA that allow them to send cargo to the space station. A third company will join them in 2019.
The Soyuz rocket, however, is the only rocket that can take people to the ISS right now. SpaceX and Boeing are supposed to start ferrying people to the space station within the next couple of years, but until that happens NASA is reliant on Roscosmos.
Russia has had failures like this before
This is the second time in the last two years that Russia's space agency has had trouble with an ISS resupply mission. In April of 2015, Roscosmos lost control of its cargo spacecraft during the Progress 59 mission. That ship spun wildly out of control and eventually burned up in the Earth's atmosphere. Roscosmos lost a Progress resupply much in similar fashion to today's mishap back in 2011, when the third stage burn of the same type Soyuz rocket failed. That Progress ship was also lost in the atmosphere.
Next Up In Science


Old wrinkled Asian woman smoking traditional tobacco in monotone, black and white portrait. White background, not isolated woman drinks alcohol and smokes a cigar photo of woman drinks alcohol and smokes a cigar Hipster girl in sunglasses and black beanie smoking cigar. She has started her PhD in biology at Texas Tech University while managing a next generation sequencing laboratory. I danced around the bar like a fool, cigarette in hand— Look at me, look at me! Back of seated business woman smoking cigar and looking at blue window.
Rear view of businesswoman sitting on chair and looking at buildings while smoking cigar. A portrait of a Cuban woman smoking cigar in old Havana street on July 18 If is associated with an Alamy account you'll receive an email with instructions on how to reset your password. Goodlooking ethnic man sitting by fireplace smoking cigar, drinking wine, girlfriend standing behind. We rented a cigar locker, our names engraved in gold— in gold!


text:
www.springer.com The European Mathematical Society
Pages A-Z
StatProb Collection
Project talk
D'Alembert operator
From Encyclopedia of Mathematics
wave operator, d'Alembertian
The second-order differential operator that in Cartesian coordinates assumes the following form: $$ \Box u \stackrel{\text{df}}{=} \Delta u - \frac{1}{c^{2}} \frac{\partial^{2} u}{\partial t^{2}}, $$ where $ \Delta $ is the Laplace operator and $ c $ is a constant. Its form in spherical coordinates is: $$ \Box u = \frac{1}{r^{2}} \frac{\partial}{\partial r} \left[ r^{2} \frac{\partial u}{\partial r} \right] + \frac{1}{r^{2} \sin(\theta)} \frac{\partial}{\partial \theta} \left[ \sin(\theta) \frac{\partial u}{\partial \theta} \right] + \frac{1}{r^{2} {\sin^{2}}(\theta)} \frac{\partial^{2} u}{\partial \phi^{2}} - \frac{1}{c^{2}} \frac{\partial^{2} u}{\partial t^{2}}; $$ in cylindrical coordinates: $$ \Box u = \frac{1}{\rho} \frac{\partial}{\partial \rho} \left[ \rho \frac{\partial u}{\partial \rho} \right] + \frac{1}{\rho^{2}} \frac{\partial^{2} u}{\partial \phi^{2}} + \frac{\partial^{2} u}{\partial z^{2}} - \frac{1}{c^{2}} \frac{\partial^{2} u}{\partial t^{2}}; $$ in general curvilinear coordinates: $$ \Box u = \frac{1}{\sqrt{- g}} \frac{\partial}{\partial x^{\nu}} \left[ \sqrt{- g} g^{\mu \nu} \frac{\partial u}{\partial x^{\mu}} \right], $$ where $ g $ is the determinant of the matrix $ [g^{\mu \nu}] $ formed from the coefficients of the metric tensor $ g^{\mu \nu} $.
Named after J. d'Alembert (1747), who considered its simplest form when solving the one-dimensional wave equation.
In the last equation above, the Einstein summation convention applies to the right-hand side (i.e., there is a summation involved over all indices $ \mu,\nu $).
[a1] R. Courant, D. Hilbert, "Methods of mathematical physics. Partial differential equations", 2, Interscience (1965). (Translated from German)
[a2] F. John, "Partial differential equations", Springer (1968).
How to Cite This Entry:
D'Alembert operator. Encyclopedia of Mathematics. URL: http://encyclopediaofmath.org/index.php?title=D%27Alembert_operator&oldid=40010
This article was adapted from an original article by A.B. Ivanov (originator), which appeared in Encyclopedia of Mathematics - ISBN 1402006098. See original article
Retrieved from "https://encyclopediaofmath.org/index.php?title=D%27Alembert_operator&oldid=40010"
About Encyclopedia of Mathematics
Impressum-Legal


Our company sells DVDs and Blu-rays on Amazon. Generally, we use the movie name as the product title. These are titles that are distributed specifically by our company, thus I feel like it is different from the "iphone case" example where there are thousands of people all trying to sell the same case.
In this scenario, should we still try to add SEO keywords other than the movie title to the product name?
If so, how would you suggest formatting it? "Movie Title | keyword keyword keyword"?
Do you think this practice might injure the brand by looking less official?
no expert but I would think you'd also want to include keywords related to the topic of the DVD.
Unless you feel every customer who will ever buy the DVD will only search/find the DVD by using it's exact name.
Probably depends on the topic of the DVDS though.


We are planning to grow our online marketing product portfolio to include glass smoking pipes, bong pipes and hookah pipes. We currently have no products and are inviting potential suppliers to present their range of products in the above categories for our review with a view to establishing a long term business relationship.
The supply model we require is a drop shipping model where the supplier receives product pick list and payment and they ship the item directly to the customer in Australia.
Please indicate product lead times and preferred payment methods. Please state any experience as drop shipper into the Australian market.
Our objective is to establish effective communication, payment and performance monitoring that will enable us to work cooperatively and identify trends for product growth which we will channel into the Social Media space to raise brand awareness and consumer confidence.
We would like to receive all supplier submissions by end of September 2013.
Thank you for you time and interest. If you require further information please feel free to contact us.


Certain players just seem to have a flair for the dramatic -- an uncanny knack for being in the right place at the right time and then making the most of it. One who definitely fits that mold is Lenny Dykstra, the fiery little leadoff man of the New York Mets who has already made his presence felt this year in both the playoffs and the World Series. Dykstra's basic job is to trigger the attack. The long ball isn't his thing, as you can tell both by his size and by his total of nine home runs in two seasons. But as he has shown both Houston and Boston, he is capable of that aspect of the game when the situation demands it.
Lenny hit the ninth-inning home run that won the third game of the National League Championship Series. Then in Game 3 of the World Series, with his team down two games to none and facing the grim prospect of a sweep, his leadoff homer sparked the Mets to a 7-1 victory that pulled them back into contention.
What did that first blow mean to the players? veteran catcher and team leader Gary Carter was asked.
Indeed, after winning the first two games in New York, the Red Sox and their fans sensed the kill as the Series moved to Boston for the middle portion. But Dykstra's homer quieted the crowd immediately, the Mets went on to score three more runs in the first inning, and the rest was easy.
The New York roster lists Dykstra as 5 ft. 10 in. and 160 pounds, but if you believe those numbers, there's a bridge in Brooklyn I want to talk to you about. Somewhere around 5-8 and 150 would appear to be more like it. And indeed, all through his athletic career he has had to show the skeptics that was good enough to play despite his lack of size.
Lenny did it in high school in Garden Grove, Calif., earning a total of seven letters in football and baseball. His play in the latter sport earned him a chance with the Mets -- and once he got into their farm system in 1981 there was no stopping him. A fabulous 1983 season in Class A ball, where he hit .358, drew 107 walks, and stole 105 bases, marked him for bigger things. Two years later he was playing for the Mets, and this season was their regular center fielder against right-handers, batting .295 with 55 steals.
``He's been our spark plug all year,'' says manager Davey Johnson.
In the playoffs, in addition to his game-winning homer, Dykstra was a key contributor in the 16-inning Game 6 thriller that won the pennant. With the Mets down 3-0, he tripled leading off the ninth inning to launch their last-ditch tying rally. Then in the 16th his single drove in what proved to be the winning run in New York's 7-6 victory.
The right place at the right time. And he was there again in Boston Tuesday night.
`We'd lost the first two games at home, and we weren't very proud of that,'' Lenny said, recalling the team's mood before Game 3. ``This club won 108 games this year. We had something to prove -- not just to ourselves and the Red Sox but to everybody in baseball.
After his homer, Dykstra reverted to form, hitting three singles to raise his batting average for the first three games to .455 -- best among the Met regulars. But it was that opening shot, of course, that got it all started.
Ojeda was bucking a tradition of postseason failure by left-handers in Fenway Park. The last southpaw to beat Boston in such a game was Charles (Hippo) Vaughn of the Chicago Cubs in the 1918 World Series. The Red Sox beat Al Brazle of St. Louis in the 1946 Series and Don Gullett of Cincinnati in '75. They beat Oakland's Ken Holtzman and knocked out Vida Blue in the 1975 playoffs, and routed California's John Candelaria this year. Ironically, Harry Brecheen beat them three times in 1946 in one of the great World Series pitching feats, but all three games were in St. Louis. Ron Guidry of the Yankees also beat them in the 1978 divisional playoff, but that game was technically still part of the regular season.


text:
package com.mahasiswa.dao;

import android.support.compat.BuildConfig;

import com.mahasiswa.model.Mahasiswa;

import org.junit.After;
import org.junit.Before;
import org.junit.Test;
import org.junit.runner.RunWith;
import org.robolectric.RobolectricTestRunner;
import org.robolectric.RuntimeEnvironment;
import org.robolectric.annotation.Config;

import java.util.ArrayList;

import static org.junit.Assert.*;

@RunWith(RobolectricTestRunner.class)
@Config(constants = BuildConfig.class)
public class MahasiswaDAOTest {
    private MahasiswaDAO mahasiswaDAO;
    private Mahasiswa mahasiswaTestData;

    @Before
    public void setUp() throws Exception {
        mahasiswaDAO = new MahasiswaDAO(RuntimeEnvironment.application);
    }

    @After
    public void tearDown() throws Exception {

    }

    public void setupMahasiswa(){
        mahasiswaTestData = new Mahasiswa();
        mahasiswaTestData.setIdMahasiswa("M00311708");
        mahasiswaTestData.setNamaMahasiswa("BUDIMAN");
    }

    @Test
    public void insertMahasiswa() throws Exception {
        setupMahasiswa();

        boolean inserted = mahasiswaDAO.insertMahasiswa(mahasiswaTestData);
        assertEquals(inserted, true);
    }

    @Test
    public void getMahasiswaByID() throws Exception {
        setupMahasiswa();

        boolean inserted = mahasiswaDAO.insertMahasiswa(mahasiswaTestData);

        Mahasiswa insertedMahasiswa = mahasiswaDAO.getMahasiswaByID(mahasiswaTestData);
        assertEquals(inserted, true);
        assertNotNull(insertedMahasiswa);
        assertEquals(insertedMahasiswa.getIdMahasiswa(), mahasiswaTestData.getIdMahasiswa());
        assertEquals(insertedMahasiswa.getNamaMahasiswa(), mahasiswaTestData.getNamaMahasiswa());
    }

    @Test
    public void getListMahasiswa() throws Exception {

        ArrayList<Mahasiswa> values = new ArrayList<>();
        for(int i = 0;i< 5;i++){
            Mahasiswa temp = new Mahasiswa();
            temp.setIdMahasiswa("M0031170"+i);
            temp.setNamaMahasiswa("MAHMUD"+i);

            values.add(temp);
            mahasiswaDAO.insertMahasiswa(temp);
        }

        ArrayList<Mahasiswa> listMahasiswa = mahasiswaDAO.getListMahasiswa();
        assertNotNull(listMahasiswa);
        assertEquals(listMahasiswa.size(), values.size());
        assertEquals(listMahasiswa.get(0).getIdMahasiswa(), listMahasiswa.get(0).getIdMahasiswa());
        assertEquals(listMahasiswa.get(0).getNamaMahasiswa(), listMahasiswa.get(0).getNamaMahasiswa());
    }

}

redpajama_set_name: RedPajamaGithub


Wether you need an agency service or you have doubts about how Artconnect works, email or call us and we'll help you as well as we can!
Do you need help or you found a bug? Please write us!
Online Dispute Resolution according to Art. 14 Abs. 1 ODR Regulation: The European Commission provides an online dispute resolution (ODR) platform accessible under http://ec.europa.eu/consumers/odr. Artconnect is not willing or obligated to participate in dispute resolution proceedings before a consumer dispute resolution body (§ 36 (1) No. 1 of the German Act on Dispute Resolution in Consumer Matters (VSBG)).


I am very sure that this has to do with the fact that older machines simply does not have support for SNI.
I'm running httpd 2.4.12 on Windows Server 2003.
primary host name (fully qualified).
We need for a different domain (same hostname) to work with https.
errors from httpd.exe -t, either).
content from the domain1.org  DocumentRoot.


text:
Q: Conditionally setting html attributes in React.js I'm having a surprisingly hard time setting a default option for a radio button component in React.
Here is my RadioToggle component:
/** @jsx React.DOM */
var RadioToggle = React.createClass({
  render: function () {
    var self = this;
    return (

        {this.props.radioset.radios.map(function(radio, i){
          return (

{radio.label}

              {radio.checked ?
                <input className="__input"
                     type="radio"
                     name={self.props.radioset.name}
                     value={radio.value}
                     defaultChecked />

              : <input className="__input"
                     type="radio"
                     name={self.props.radioset.name}
                     value={radio.value} />
              }

            )
          })
        }

    );
  }
});

module.exports = RadioToggle;

And here is how I'm creating the component:
<RadioToggle radioset={
  {
    name: "permission_level",
    radios: [
    {
      label: "Parent",
      value: 1,
      checked: false
    },
    {
      label: "Child",
      value: 0,
      checked: true
    }
  ]}
}/>

The above code works, but we don't like generating almost identical code depending on the radio.checked option.
The way the component is set up, I pass it a name and an array of radios to create, and for each object in the radios array use that data to create a radio button.
In other cases I've been able to conditionally set attributes by putting ternary statements as the value, like below, but that doesn't work here.
The problem with defaultChecked={radio.checked ? "checked" : ""} is that even with the output becoming checked="checked" on one radio button and checked on the other, it makes both radio buttons checked by default, resulting in the last one actually being checked.
Again, the component above works, but I'm hoping someone with some more experience with React will have a cleaner way of doing it rather than generating almost identical elements except for that attribute.

A: checked/defaultChecked take booleans, not strings.
<input className="__input"
     type="radio"
     name={self.props.radioset.name}
     value={radio.value}
     defaultChecked={radio.checked} />

jsbin demo
Side note: avoid defaultChecked/defaultValue and use checked/value with onChange instead.

redpajama_set_name: RedPajamaStackExchange


text:
Copyright © 2011 Industry Media - HOME / ABOUT US / NEWS / PUBLICATIONS / ARCHIVES / FEATURES / PARTNERS / ADVERTISE / CONTACT US
Welcome to Industry Media
Industry Media is an interactive publishing company dedicated to serving the information needs of business professionals in Canada and abroad. Headquartered in Kitchener-Waterloo, the technology hub of North America, Industry Media produces online magazines Canadian Industry Online (CIO) and Global Renewables Online (GRO), with a mandate to share Canadian innovation success nationally and beyond, as well as showcase the best in international renewable energy development.
Nobel Prize Winner - Art McDonald
A The Scott Brothers
Arlene Dickinson
Minister Amarjeet Sohi
Current Industry Profiles
There aren't many technology companies in the world that can claim 100 years in business, much less achieve global success and household recognition like IBM has.
- view here
The year 1929 was one of change, where technological advancements in all industries and sectors, and in the way people lived, were rapidly evolving.
In 1965, 17-year-old Fred DeLuca dreamt of being a doctor. In order to pay for his education, he knew he would need to work. This led the entrepreneurial DeLuca to open a sandwich shop, with a loan of $1,000 from a friend.
With global markets continuing to shift and political turmoil leading headlines in 2016, it may have been a difficult year to focus on the great news in Canadian business. However, one company continues to thrive and grow despite ups and downs in the North American economic landscape
TransLink manages buses, rapid transit, commuter rail, SeaBus, the major road network (approximately 600 km) and five bridges in Metro Vancouver, and is Metro Vancouver's regional transportation authority. TransLink is responsible for regional transit, cycling and commuting options as well as Intelligent Transportation System programs and services are delivered through our operating companies. - view here
CIO recently had the opportunity to connect with Deborah Poole, general manager, Wayfair.ca, to talk about how the company has grown in Canada and what the strategy is for future development.
BGIS (formerly Brookfield Global Integrated Solutions) has spent more than 20 years developing a full range of unparalleled consulting, management and delivery services for corporate occupiers of real estate. The company is part of Brookfield Business Partners (a listed partnership that includes industrial and business services companies).
With Canadian transportation being at the pinnacle of development, CIO recently had the opportunity to connect with Phil Verster, CEO of Metrolinx, to discuss how Metrolinx is moving people forward.
It's a remarkable story, one of hard work and great minds coming together to create one of the most innovative and entrepreneurial Canadian companies to ever exist.
When Vancouver International Airport (YVR) opened in 1931, traffic was impressive for the time with 1,072 passengers travelling through the airport's gates.


Двор 1500 кв.м с кладенец. .
Всеки ден от прозореца на спалнята ще се виждат красиви планински върхове на Сакар планина. Ако желаете заповядайте на селски туризъм или да си почивате на спокойствие и чист въздух, това е мястото.
Imagine the sun is shining, you are on the patio, having breakfast and breathe the pure fresh air of the Sakar mountain, walking in the beautiful and picturesque hilly countryside that surrounds you. This three bedroomed house offers just that.
If you want to feel the energy of SAKAR Mountain , welcome to this villa and see the rural Bulgarian life.
At this amazing price of 250 euro per month you can Live long term in peaceful and amazing nature.
The village of Levka is located in South-Central Bulgaria. It is part of Svilengrad Municipality, Haskovo District. This calm village is situated in the small valley of the river Levka in the southern slopes of Sakar Mountain. The disposition of the village is as follow: 12km from the municipality center of SVILENGRAD; 50km from the famous town of ELHOVO; 157km from the Black sea coast in the town of BOURGAS; 311km from the so-called sea capital city of Bulgaria – VARNA; 300km from the rich capital city of SOFIA.
The town of Svilengrad is known as a border town because it is on a two borders – Turkish and Greek. So if you decide to buy the property you will have the opportunity to go often on a trip to the centuries old Greece and charming oriental Turkey.
The area is suitable for hunting and fishing. The surrounding hills of the SAKAR Mountain are favorable place for country tourism, hunting and fishing. The environment is ecologically pure and the air is fresh.
Има 3 стаи за спане с реставрирани мебели, голям салон с обособен кухненски бокс, баня и тоалетна , двор 1500 кв.м с кладенец.
Two storey house located in a quiet and picturesque village of Levka, with friendly neighborhood located in close proximity to the town of Svilengrad, featuring 120sq.m. living and entertainment space and 1500 sq.m. land area. The house consist 3 rooms and big hall with a separate kitchen, bathroom. The house is supplied with running water and electricity, SAT TV.
Разгледайте красивите снимки от My Levka, стаите там, удобствата и околностите.


text:
Washington Elementary School in Tampa, Florida
Popularity:#36 of 218 Public Schools in Tampa#54 of 342 Public Schools in Hillsborough County#741 of 4,699 Public Schools in Florida#16,609 in Public Schools
Washington Elementary School Contact Information
Address and Phone Number for Washington Elementary School, a Public School, at East Estelle Street, Tampa FL.
1407 East Estelle Street
Washington Elementary School Details
Start Grade
End Grade
Full Time Teachers
Map of Washington Elementary School in Tampa, Florida
View map of Washington Elementary School, and get driving directions from your location .
Find 6 Public Schools within 0.7 miles of Washington Elementary School.
Ese Birth Thru Age 5 (Tampa, FL - 0.4 miles)
Channelside Academy Middle School (Tampa, FL - 0.4 miles)
Hillsborough ESE Contracted Residential Placement School (Tampa, FL - 0.7 miles)
Middle School Tt (Tampa, FL - 0.7 miles)
Rampello K-8 Magnet School (Tampa, FL - 0.7 miles)
Patricia Sullivan Metropolitan Ministries Partnership School (Tampa, FL - 0.7 miles)
Find 1 external resources related to Washington Elementary School.
About the Washington Elementary School
The Washington Elementary School, located in Tampa, FL, is a publicly funded school district that educates children in Hillsborough County. Public Schools offer K-12 education at elementary schools, middle schools, and high schools located in Hillsborough County. The Public School system follows Florida state public education policies, accepting all children living within the district boundaries for a tuition-free education.
Tampa Public School calendars
Hillsborough County school districts
Tampa Public School Statistics
Find Tampa Public School Enrollment and Educational Attainment (Age 25+). Data Source: U.S. Census Bureau; American Community Survey, 2018 ACS 5-Year Estimates.
Tampa Public School Enrollment
Nursery & Preschool Enrollment 3,515 (56.5%) 12,330 (59.2%)
Kindergarten Enrollment 4,286 (84.5%) 15,525 (86.6%)
Elementary School Enrollment (Grades 1-4) 16,054 (90.8%) 63,694 (89.5%)
High School Enrollment (Grades 9-12) 15,668 (86.9%) 63,741 (89.2%)
Tampa Educational Attainment (Age 25+)
Less than 9th Grade Education 12,485 (4.9%) 44,264 (4.7%)
9-12th Grade (No Diploma) 19,738 (7.8%) 64,305 (6.9%)
High School Graduate (Including Equivalency) 64,625 (25.5%) 254,006 (27.1%)
Public Schools near Tampa
Town 'n' Country


text:
It is a common pattern in Go packages to implement a default instance of an exported struct and export functions that call the underlying default instance.

A couple of examples from the stdlib:

 - `net/http` has `http.DefaultClient` and functions like `http.Get` just call the default `http.DefaultClient.Get`
 - `log` has `log.Logger` and functions like `log.Print` just call the default `log.std.Print`

The exported package functions simply call the corresponding methods from the default instance.

`goexportdefault` allows you to automatically generate a exported function for each method from a default struct.

# Usage

Given the following code:

```go
var DefaultClient = New()
//go:generate goexportdefault DefaultClient

type Client struct {}

func New() *Client {
  return &Client{}
}

// Do won't really do anything in this example
func (c *Client) Do(interface{}) error {
  return nil
}
```

The it will automatically generate a `default_client_funcs.go` file with the following contents:

```go
// Do is a wrapper around DefaultClient.Do
func Do(v interface{}) error {
  return DefaultClient.Do(v)
}
```


text:
| PRESS | MUSIC | PHOTOS | DIARY | BIO | DISTRACTIONS | STORE | DAYJOB | LINKS
Friday August 12, 2005 - Caledonia Lounge - Athens, GA (with Welterweight)
Tonight was the night for PopFest in most Athens venues. Since Caledonia wasn't a part of it, the venue asked us if we wanted to headline "PopFest, Jr." It was kind of a joke but it was the kind of joke that I appreciate so there we were. I'd been having a rough time in my personal life for the last week or so. My Grandmother had a health crisis and I had to keep running back and forth to South Carolina. As bad as it was, it was made worse tonight by my uncle and all of "his" family deserting my Grandmother when she needed him most. I was very angry by the time I got to Caledonia. If there had been anything but a show tonight that I had to play, I would've already been on the way to SC but me and the boys had a job to do. I could only hope that it didn't affect my performance.
Thankfully, it didn't seem to be to big of a problem. In fact, I was just itching to have a good time precisely because things have been so difficult lately. We opened with our usual trio followed by "Into My View" which has actually begun getting some airplay here and there (mostly Chattanooga to which I kept making arcane references all night). Since I was feeling surprising playful tonight and there was a girl named Leah celebrating her 30th birthday (was she hitting on Tom?), when one of her friends jokingly yelled for us to play "Sweet Child O' Mine", I flipped my pickup switch and nailed the opening riff for 'em. They went nuts. So I said, "Alright, we'll do it if Leah will come up and sing it." Now, we in no way no the song. But Leah called our bluff. Frank just laughed. I felt I had to deliver so I called upon the god of muscle memory who more or less came through. Tom joined in and we actually played most of the song, including the guitar solo (I can't believe my finger / ear coordination has gotten that solid). Leah was up on stage singing her heart out. Fittingly, the whole thing fell apart when we got to the "where do we go now" part. And that's where it ended.
We'd killed enough time doing that so we ditched "(Save It For) Another Day" from the set to move on to the rock two fer of "I Won't Stand Still" and "Phony." It wasn't quite dead on tonight but it was still raucous enough. Then the "Towel Cape / I Know Too Much" double shot followed and we tore those two up. It may have been the best time ever for that. Figuring we needed some dynamic, we slowed it down for "Scared Of Myself." It went over great. With a song like that, it's always different from the reaction you get from a rocker. People listen more to songs like this. Tonight, it seemed to connect. As Tom put it, "it killed the rock show momentum, but people were all ears." That's about right. But the beauty of it is that when you kick back in, it's even more powerful. And that's exactly what we did. "Worms On The Pavement" was fairly crushing and the response to it was possibly the best of the night. Feeling particularly inspired, I asked if the band was feeling brave. They said they were game so I pulled out "Someone's Trying To Tell Us Something" for the first time ever with this band. It hadn't been performed live since Star Zero before tonight. We do a faster, punkier version more like I originally wrote it. We also threw out "the Allman Brothers part" which was this extended half-time guitar solo. In its place we put the entire guitar solo from Led Zeppelin's "Whole Lotta Love" just for kicks. I figured it out by ear while we were in the studio waiting for Asa to get off the phone one day. It fit in nicely here. It was a little rickety tonight but we truly weren't ready to play it so the fact that we got through it was cool enough. It got another big response. Considering that school wasn't back in for the fall yet, we had a great crowd response all night. This was partially because Tom brought a crew from work. We were glad to have 'em all. He later said they were "duly impressed" and treated him like a rock star after the show.
The final benediction followed. "Taking Its Toll" brought out Jonathan's lighter again. The venue even turned out all the lights in the club to make the ending more dramatic. I think this was the first time that people actually waved arms and sang along with the "lay down" bit even without me encouraging it. It felt great. We closed with "Give Up Town" as usual. One guy was thrusting his hands in the air, which was cool. But the truth was, he still had his beer in his hand. You should have seen the look on his face when he went to take a swig and realized he'd spilled it all over the floor around him! I ended by thanking everyone for making my bad day turn out alright and we were done. I think this was our best Caledonia appearance ever. I think I finally feel at home there.
Completely biased star reviews of each song performed.
1. Colors In Black & White****
2. Until The Road Ends****
3. Sometimes I'm Sam****
4. Into My View****
5. Sweet Child O' Mine (with Leah)(N)**
6. I Won't Stand Still***
7. Phony***
8. Towel Cape Song****
9. I Know Too Much (For My Own Good)****
10. Scared Of Myself***
11. Worms On The Pavement****
12. Someone's Trying To Tell Us Something (N)***
13. Taking Its Toll****
14. Give Up Town****
After the show, I spoke to our friend Jonathan who said, "I thought you stomped ass tonight." How cool is that? He also seemed to like "Someone's Trying To Tell Us Something." We've got 3 or 4 more songs that we've never done, too. A couple more Q-Sign additions and some brand new stuff.
Our thanks tonight go out to Sarah and Eric (even though I never saw you for a second), Jeff Capurso (glad you got to see a little - thanks again for saving the album), Jonathan, Gordon Lamb, Mollie, Amanda, Omar, Rosa, David, Joey, Naninia, Jason, Dan, Tony and the club.
Photos by Amanda Stahl.


0%58°43°Breezy with a high of 58 °F (14.4 °C). Winds from N to NNW at 17 to 20 mph (27.4 to 32.2 kph).Night - Clear. Winds variable at 6 to 18 mph (9.7 to 29.0 kph). The overnight low will be 38 °F (3.3 °C).
Today - Breezy with a high of 58 °F (14.4 °C). Winds from N to NNW at 17 to 20 mph (27.4 to 32.2 kph).


Only 20 of each design will be produced making them pretty exclusive. Each piece will be provided with a screen printed on Linen label of provenance. We'll also give the lucky owner a digital history of their rug being made, chronicling conception drawings, technical plans, yarn dyeing & weaving. Each and every rug will have its very own story and that is uniquely FLOOR_STORY.


text:
Maxomys baeodon  () è un roditore della famiglia dei Muridi, endemico dell'Isola del Borneo.

Descrizione

Dimensioni
Roditore di piccole dimensioni, con lunghezza della testa e del corpo tra 126 e 140 mm, la lunghezza della coda tra 119 e 133 mm, la lunghezza del piede tra 25 e 28 mm e la lunghezza delle orecchie tra 17 e 19 mm.

Aspetto
La pelliccia è corta e molto spinosa. Le parti superiori sono rossicce, i peli spinosi hanno la punta gialla, mentre le parti ventrali sono bianco-giallastre. La coda è lunga quanto la testa ed il corpo, è scura sopra e chiara sotto. Le femmine hanno un paio di mammelle pettorali, un paio post-ascellari e due paia inguinali.

Biologia

Comportamento
È una specie terricola. Preferisce ambienti ristretti con un alto numero di grandi alberi.

Distribuzione e habitat
Questa specie è endemica delle zone montane del Borneo occidentale. Probabilmente è diffusa su tutta l'isola.

Vive in foreste pluviali primarie tra i 900 e 1.400 metri di altitudine.

Stato di conservazione
La IUCN Red List, considerato che nonostante il vasto areale è conosciuta solo da pochi individui, classifica M.baeodon come specie con dati insufficienti (DD).

Note

Bibliografia

Altri progetti

Miomorfi

redpajama_set_name: RedPajamaWikipedia


There are a number of sport activities, clubs or lessons run either by parents or by external organisation that APPS students take part in. These clubs may use our school facilities but are not run by the school. If you are interested in learning more about the clubs, please contact them directly.
Netball is a great team sport for kids of all ages and abilities. The Net Set Go program is a great introduction to the sport. http://netsetgo.asn.au APISC also runs courses for beginners, see their website for details.


text:
George Mason Junior Wins It's Academic Bag Design Contest
February 5, 2011 6:11 PM by FCNP.com
Friday began as a normal school day for George Mason High School junior Worachet 'Boon' Sakprayoonpong. The 16-year-old student had no idea he was about to become the center of every student's attention during a school pep rally held that day.
Giant Food and It's Academic announced at the beginning of the pep rally that Sakprayoonpong was the winner of the It's Academic 50th Anniversary Reusable Bag Design Contest.
"We thought, 'What can we do to celebrate It's Academic's 50th anniversary in a unique way?' Reusable bags are popular, and trendy for the way they look," said Manager of Public & Community Relations for Giant Food Jamie Miller.
Miller said that the contest was a way to reach out to the community, and to get them involved with the TV show's 50th anniversary. It's Academic has been recognized by the Guinness Book of World Record as the longest-running TV quiz show in the world, and Giant Food has been a sponsor of the show since 1967.
The contest was open to high school students in Virginia, Maryland and Washington, D.C. More than 250 designs were submitted. Sakprayoonpong's design will be printed on reusable bags that will be sold in Giant stores in the spring.
"It's the first time that we did something focused on arts," It's Academic Producer Susan Altman said. "It's a nice feeling to recognize their work, and make them feel appreciated for what they did."
Sakprayoonpong also received a $1,500 scholarship check for the winning design. Second and third place designers will receive $750 and $500 cash scholarships respectively.
For the contest, designs had to incorporate three elements — Giant's colors, the program title, It's Academic, and a reference to the 50th anniversary.
"My inspiration came from windows and comic strips," Sakprayoonpong said. "Each panel represents one thing."
Sakprayoonpong used Photoshop to create the winning design. He worked on the design for many weeks, but waited until the last minute to submit his design, according to his father, Jaqqrit Sakprayoonpong.
"He is talented, but very modest," his father said.
Sakprayoonpong has designed T-shirts and bottles for his peers at Mason, but never won a contest for his designs before.
"I wanted to challenge myself," Sakprayoonpong said. "I've been practicing by myself for two years."
Sakprayoonpong enjoys drawing and plans to pursue a career in arts.
Author: FCNP.com


text:
Pererenan Project
Pererenan Green Village Project
The Mengwi village of Pererenan, with around 1000 households, has been chosen as MPH's first project.
The Mengwi village of Pererenan, with around 1000 households, has been chosen as MPH's first pilot project. Key members of the village community are ready to improve this situation, giving a great chance of success and to create a model that can be replicated across Bali.
The goal after one year is for the facility to be self sustained and have at least half the village community join.
Creating a working template, a working model that can be replicated in the Desa Desa´s across Bali and Indonesia.
In our first project, The MPH team is empowering Desa Pererenan with a complete functioning recycling and collection facility. The village has donated 4 Ara (400sqm) of land and a pick up vehicle. Role Foundation has donated a large shredder to help make good compost.
We are raising money to fund the next 12 months of operation. We need your support to prove our concept and to prove to the local desa and BLH, PU and DKB Government, that our model is more effective and efficient than the current TPA and end dumping system.
Our team of local volunteers has already built a waste bank and we are developing a pick up and separation strategy. We are working on a village managed accounting system (buku besar) for all materials and we are set to prove that the facility can financially break even and generate profit for the local Banjars and Desa.
By sorting waste at home and in business, recycling rates go up, costs go down and our villages can control the value of the materials.
A typical Balinese village, some of the high-value materials are recycled, but most waste is collected by unregulated individuals with trucks. In the best case it joins Bali's overflowing refuse centers TPA´s. In reality operators often dump it in mangroves and rivers to avoid the tipping charges and high fuel costs.
What has been achieved so far.
We start with 60 households and 6 Banjars in Desa Pererenan. Expanding the scheme to include more households as quickly as possible.
In mid 2016 MPH completed a self-funded 4-month proof of concept composting pilot, key to gaining trust and belief from Pererenan Village.
With that success, Pererenan Village has now donated a 4 Are (400 sqm) piece of land with a building and enough space to compost, as well as a collection vehicle.
Renovations have been completed on the donated building and land and it's now ready to be operational. Starting with 10 households in November 2016, cover will quickly spread to more households.
MPH is currently raising funds to cover the first year's expenses, after which the plan is for the program to be self-sustainable.
How is MPH Solving these complex issues:
The Green Village Project in Bali is first of its kind and we are developing a framework to roll out to other villages in Bali, how are we doing this:
Separation Strategies
With the right tools and principles households can separate waste, making it easy to compost, recycle and sell, and thus to extract the maximum value.
Practical solutions, learning by doing
We can solve Bali's waste management problems with local working groups. A joint community effort is the solution to a better future.
Building designs and guidelines for waste management
Local infrastructure and efficient procedures are key for efficient waste management on a village level.
Location of Pererenan Green Village Project:
MPH, improving Bali's growing plastic and waste issues since 2016.