text:
Tamar Braxton is revealing all about her nasty feud with Toya Wright that boiled over once again earlier this month amid Braxton's drama with Tiny Harris.
Speaking out about exactly what happened between herself and the Marriage Boot Camp: Reality Stars star, Tamar denied Toya's allegations that she had her banned from appearing on the daytime talk show The Real while she was a co-host and claimed that she wasn't even aware they weren't friends anymore until Wright called her out during a radio interview.
Tamar clarified this week that she never tried to "hold back" Toya and instead revealed during a new interview with Atlanta's V-103 radio that Wright never reached out to her to be on the show.
"I'm not the talent booker, I'm the talent," Braxton said, denying that she had anything to do with Toya not being able to go on The Real while she was still with the show while revealing that she had no "power" when it came to who was and was not booked as a guest.
Tamar then admitted that their feud only escalated from there because Toya was upset that she didn't promote her book on her social media pages, but claimed that because of her deals with various companies she was encouraged not to promote other ventures.
Braxton continued by issuing half an apology to her feud partner, telling Wright through the radio microphone that she "loves" her and "wants [her] to win" despite their bad blood.
Tamar and Toya's drama first began last year after Wright slammed Braxton during an interview and then claimed in her book that Braxton unfollowed her across social media after she appeared on her former talk show The Real after she was sensationally fired in May 2016, causing a whole lot of drama with her former co-stars to ensue.
Wright alleged in the memoir In My Own Words… My Real Reality that Braxton had supposedly her blacklisted from the show and hinted that she may have urged talent bookers not to have her on as a guest despite the two being friends.
Their increasingly nasty feud then boiled over once again earlier this month after Toya entangled herself in Tamar's drama with another member of their friendship group, Tiny Harris, who Braxton also got into a feud with last year after she too promoted The Real.
After Harris and Braxton took shots at each other on Instagram earlier this month, Wright liked a comment from a fan on the social media site that claimed Tamar's very public remarks about Tiny were why she "has no friends."
Tamar then attempted to mend her broken relationship and end her beef with Tiny through a heartfelt apology posted to her former friend on Instagram on June 7, but wasn't too kind to Toya with her social media comment.
Rather than apologizing to both of her former friends, Tamar instead accused Wright of coming in between them and starting beef while referring to her as "paperback Toya" for the accusations she made in her book.
What do you think of Tamar Braxton's latest comments about her nasty feud with Toya Wright?
[Featured Image by Ethan Miller/Getty Images and Bennett Raglin/Getty Images for WE tv]


text:
Hi, I'm Paul Taylor and I'm standing as your candidate for Mayor, for the City of Logan.
I've lived in Logan for 26 years with my wife and two children – in Rochdale South, Boronia Heights, Shailer Park and now Cornubia, because I know that Logan is a great place to live with it's strategic positioning between Brisbane and the Gold Coast. This is why I chose to base my business here and this is why I believe that I have a solid understanding of your concerns and the direction that you want our city to take.
Unfortunately in Logan, we have a shadow cast over the integrity of this Council, where the council has been dismissed. It should never have got to this stage and we deserve a Mayor and Councillors who will serve the people and not themselves.
Logan needs a whistleblowers hotline so that our Council is held to account and we never have a repeat of this in the future. I commit to making this a priority. People are sick of politicians and Councils wasting their hard-earned money.
Did you know that the Mayor and Logan Councillors were driving around in luxury cars, paid for by you, the ratepayer? This is a blatant waste of your money. To top it off, the Mayor and Councillors have an unlimited petrol allowance. This will be capped. A Toyota Camry or the likes will do the same job and this is just one thing that I want to change if elected as your Mayor – no more snouts in the trough.
I want to put a freeze on your rates and charges, for the new term. I want to further freeze the salary of the Mayor and Councillors for the new term. I want an audit on council expenditure and if viable, I will propose a cut to rates and charges.
I am conscious that the cost of living has gone up where electricity, petrol and food have become unaffordable for some, and that's why I will work hard to ease the financial pressure on your household budget.
Over the years, I have been lucky enough to be involved in community groups and to meet people from all walks of life – the farmers that take part in our local markets, the priests, on-the-ground Council workers, realestate agents, teachers, nurses, our returned servicemen and women and our mums and dads. When people share their concerns with me, I have noticed a common theme – people just want a fair go and for their representatives to represent them and not corporates or people with their own agendas.
People want our Councillors and Mayor to follow the rules, and it is a shame that this has not been happening. For example, when a building is approved, it appears that our elected representatives, have on many an occasion, only relied on the building code. They have not carried out impact assessments, thereby ignoring the concerns of the immediate community. Impact assessments factor in the advantages and disadvantages of a development. Will there be ample parking or will there be too much traffic created from the proposed project? Will someone one day open up a brothel next to a highschool? Will a nightclub be opened next to a retirement village? The community must be consulted and listened to. As Mayor, I want compulsory Impact Assessments on all buildings and developments before they are approved.
As your Mayor, if brown paper bags or speedboats are offered to me, I'll gladly take them and all monies will go straight into a Mayor's fund, established to assist veterans and pensioners on struggle street with no special favours given to the donor. All developments will be assessed according to the law and Council guidelines. As your future Mayor, you will get efficiency, transparency and accountability.
We can all see that Logan is a rapidly growing region of South-east QLD and that's why it is important that we elect Councillors and a driven Mayor to get the job done. With a successful track record as a Senior Executive from Coles Supermarkets and 23 years operating a successful small business, I know how to manage productivity and money, and I know how to create opportunities for the people of Logan, so that we all benefit.
As a community, we can all have a bright future, so please consider entrusting me with your vote at the March 2020 Logan City Council elections. Thank you.
Paul Taylor

subset: commoncrawl


text:
Sri Lankan President Gotabaya Rajapaksa reached India on Thursday on his first official foreign visit. He is also accompanied by Rajapaksa's secretary PB Jayasundar and Prime Minister Mahinda Rajapaksa's advisor Lalit Viratunga on this three-day visit. President Rajapaksa has come to India at the invitation of Prime Minister Narendra Modi. During this visit, he will hold talks with PM Modi to deepen strategic bilateral relations.
Rajapaksa is considered close to China. In such a situation, after winning his election, it is a matter of increasing concern for India. The Indian Foreign Minister S.K. Jaishankar had met Rajapaksa on an unannounced two-day visit. The President was the first foreign minister to meet Rajapaksa. Despite being close to China, Rajapaksa has chosen India for his first foreign trip, which is considered a major breakthrough in Indian foreign policy.
President Rajapaksa, who arrived in New Delhi on the special call of PM Modi, was welcomed by Union Minister VK Singh at the airport. On Friday, he will meet Prime Minister Modi and then he will also meet President Ramnath Kobind.
Earlier, shortly before leaving for India, Rajapaksa tweeted about his visit to India. In his tweet, Rajapaksa wrote, 'I am going to India on my first foreign trip and looking forward to further strengthening our bilateral relations with PM Narendra Modi and Government of India'.
The 70-year-old Rajapaksa had a stunning victory in the results of the presidential election on November 17. He defeated his nearest rival Sajit Premdas by a margin of over 13 lakh votes. The former defense secretary is credited with helping end the long civil war against the LTTE. He is the seventh President of the country.
During the meeting with the Foreign Minister of India, Sri Lankan officials had said that Jaishankar had a letter from Prime Minister Narendra Modi, in which Rajapaksa was congratulated in private. Along with this, he was also invited to travel to India.


text:
The real downside to this is when you permit a person to Catfish you, and allow. Somewhere about one year into our virtual- only relationship, I remember panicking and texting my ex demand if he was cat- fishing me one lazy sunday afternoon that I am informed by him! I had seen the film Catfish, and some thing about He had been quite irritated about the prospect of re- starting that the trust- building exercise.
Consider it this way: A little girl who gets everything she wants from her daddy and doesn't have bounds rotten spoiled, and HAS LESS RESPECT for her dad and appreciation for the things he allows her to do and receives her.
Therefore, she has to settle for a guy that's ready to accept her as well as her child or children. The next LHF was slender and also had two children. We met up for lunch and she had a fantastic body with a decent face.
Don't fulfill any person who starts asking you for money for whatever reason despite how immediate their issue might seem e. g. requesting for money to spend for gas or to take a trip to meet you. Also, don't leave your personal items like SSN or credit rating cards as well as drinks or food neglected to ensure they are not meddled with while you are away.
You have to train your subconscious backpage escorts bust TN back positive responses and to receive fresh, positive inputs. You're still going to stub your toe, but you can now just say" OUCH! " Minus the reddit hookers review to yourself and move on- - or hobble on.
Male will certainly be as meaningful as well as open as you allow as well as urge them to be. So these ideas as well as techniques are developed offer you and also your male ways to put a toe in the water that might cause a nude, twelveo'clock at night swim.
She's sincerely asking that you place your torso close to your abdomen and hers close to your thighs in a position to bump musically into her legs and hers. Do this and get wonderful facts about the new people that are wonderfulyou're dancing with. She would like to dance now doesn't she? We can see very clearly. She got to this point first. She asked you, you being individual.
Taking A Peek If the woman is constantly attempting to look at you in a way that is lively it could be a sign of attraction. This is probably the sign to see onceyou're not considering her because you backpage escorts pussy Tennessee be looked at by the girl. Women are good at being stealthy.
It is not the man is cheap. He may have tons of money! He is currently trying to prevent having his wife discover that he's cheating. The dating site that charges a fee are debatable because that fee is going to end up on his backpage escorts legit Tennessee card invoice( along with his wife might see it) .
When the time comes for you to have your initial in person, make that very first meeting in a public location and during day light hours. Take a good friend with you or arrange for one to call you on your cell soon after the set up meeting.
The Tennessee new backpage escorts agreed. However, when they kissed, it turned out that he didn't backpage escorts meth AR teeth and his mouth smelled quite bad. This was. They kissed again. And broke up over a month as a result of heavy study schedule. They were for one year, both virgin from the time they awakened.
He can even turn about and look back in her leadership and desperately announce, " hey, come on, come on, will yuh let's get a move on. " There are any number of ways in which people may not walk side by side. For that reason to do this will need some creative tactics. For example a woman J. D. out of Harvard could not readily be walking a parallel course with a male J. D. from what she would regard as a far lesser law college. A fat man by a hundred pounds do you think that they could be walking side by side and might even outweigh his scrumptious date. It might be possible but possibly difficult to include.
Some have forums and blogs where users can talk amongst themselves. Taking part in the community best online dating 2016 help bring more focus to your profile as people want to have to know more. Obviously, when you act like an asshat from the forums, you'll be attracting the wrong type of attention. . .
1thing that I can say is, be proud of your own body. I no longer felt comfortable approaching men in person and joined online dating since I had lost confidence in my body, as I mentioned. Online dating gave me the chance to say that I was a plus sized woman. If it turns out prefers slim ladies and a guy I were talking, that is cool. I am not likely to be dreadful or school him on any" body positive movement" that may be floating around at the moment, I just know that some individuals have a kind, ladies included, and that I may not be his.
To sustain love, two individuals have to select each various other. The whole relationship drops apart if either partner defaults or is uncertain. It does not matter just how much you enjoy the various other individual, if they do not return your love.
Your luck changes tomorrow but hope what to do? Hope, as GK Chesterton said, is that the power of being cheerful in circumstances that we all know to be desperate. Thus, we reframe the situation favorably: at least Rowan did not direct me on and then dump me.
Telling her that you adore her really early on or that you've got feelings for her will result that you are emotionally weak and shallow. Come to think of it, who would fall in love with someone they just met online? You might feel really drawn to her( physically) , or drawn to her character, but don't start talking about love. Tell her the honest truth but be subtle and do not force it" I really like you as of. . . " . But not tell her about having feelings until you are sure the connection has developed to a point where you are beyond currently courting.
COMING TO YOUR SENSES The generic action as we're starting to see more and more is fraught with absurd posturing. The moves by both on the other are almost always based upon a one thing. It could be the sound of the voice, or maybe the shape of a wrist or else the curved outline of the person from fat casual sex video to foot.
So I obtain an e- mail from this woman and also I look into her profile. Reviewing it, it says she is an Emergency Room physician, Christian, does not smoke or drink and also likes animals. I see we have some typical interests in our tasks areas as well as compose her back.
Then out of nowhere, he disappears, revealing up six months later, texting you although he has missed you and your kisses however can not appear to spell out why he went AWOL. He would have texted you through his hiatus, if he had been into you. After all, a backpage reviews for escorts TN is known as a phone that dial very well from anywhere in the world and can text. A man would never tolerate this kind of behaviour from a woman. Neither should you from a guy unless he informs you exactly what occurred in those six months. . . Plus precisely why he went Fuck buddy aberdeenshire and casual sex tube Tennessee he's now back. This man has a life. You do not need men like this in your own life who are here today and gone tomorrow without explanations. Don't hinako fuck buddy eng Tennessee him a second chance. He's not worth it unless he went off to war or works in the authorities and goes on secret missions. In that case, he's probably making that TN backpage escorts truth him.
You reach the club, enter and also order a beverage. After chilling with your friends for a couple of mins you see the best group of girls to go with. You're really feeling cheeky tonight, and also decide to just go for it.
I knew from discussions that his favourite food was Mexican so I booked us a table for the next night he was at a Mexican restaurant in town to celebrate. I'll cover it, I informed him, it would be my cure.
Another effective method to express anger is to call a friend and say, " I want to talk about this anger which I'm feeling toward my ex. I am aware I may not make sense sometimes. I know that I may become very emotional. And I understand that some of the things which I say may not be what I'm really feeling all of the time. But right now, I'm feeling really angry, and that I want you to hear me talk about my anger. " A lifeline support friend who can assist you is one of your best tools for handling anger.
When either of one has to leave all of an abrupt, adhere to up You never ever understand. Think of a scenario where you find a person you connect with, every little thing appears to be xhamster street hookers place well, up until her pals drag her away and also you do not have the chance to ask her for her phone number! As a result, it is necessary that you locate something typical early on and you can utilize it later on. There are a couple of easy methods which you can do this. You can welcome her to a performance or a concert if you are both interested in the very same kind of music. If you have any kind of shared interests, after that you can ask her if she might intend to speak about it for a while much longer. If you both appreciate a certain food, after that you can inform her regarding an excellent restaurant and ask her if she would certainly like to go out for a dish with you. Take the campaign Many females have a bareback escorts backpage TN to such as a man who is decisive and can take an effort. So, whenever you try to set up a date, don't ask her to decide the location and also never fluctuate. You must constantly have a number of bars or Tennessee backpage escorts rear establishments that are ideal for a day and also you can take her to one of those places. It is fairly effective if you take her to a location in the area that serves the ideal tacos rather of asking her if she might wish to go with Mexican food.
You understand how much fun it had been if anyone was lucky ts escorts backpage GA to experience the Golden Age. The day Messenger for Tinder stopped working and the app's creator disappeared was a gloomy day.
In the beginning, the backpage escorts is going to drown you. He or she's also going to work hard to appear vulnerable to you by discussing some" secrets" . Their goal is to attempt to develop a bond with their goal as quickly as possible.
The essential element to maintain in mind is the reality that this stuff typically occurs when they're developed to, as well as when the proposal does not come inside an affordable time period, it more than likely had not been created to ever take place.
Also you ought to be doing fascinating points in your photos. If you have images of you in interesting locations, this will certainly not only give off the perception that you are an intriguing individual leading an exciting life, it will certainly additionally offer some excellent chatting factors. Because they may see something in one of your photos that fascinates them or captures their interest, this will provide them even much more factor to message you. Possibly you remain in a truly interesting milton keynes fuck buddy with some outstanding landscapes behind you and also they intend to message you to figure out where that was or to discuss the experience that you had there.


text:
16 ago
(English) Top 15 – Brazilian foods you must try 😋 »
(English) Brazil has an incredible cusine with lots of delicious foods and drinks you can't find anywhere else in the world.
02 jun
(English) Little Impressions of Rio! »
(English) Amy Shia came to Rio and experienced the life Cariocas have here. So now she's sharing her impressions with us about the stuff she picked up while staying in the city.
22 abr
Frutas Brasileñas: Cuáles Son y Dónde Comprar en Río de Janeiro »
(English) There are more than 300 fruits from Brazil. In this text you will learn about some of them and see the best places to buy traditional Brazilian fruits in Rio de Janeiro.


text:
The Dark CrystalBlu-ray Disc - 2018 | Anniversary edition.
From the critics
Community Activity
CommentAdd a Comment
I actually remember my Dad taking me to see this movie in the theatre when it first came out. Great story, great wimpering a must see for all, Jim Henson and Frank Oz rock.
I saw the mini-series on Netflix before seeing this version, which I'm sad to say I feel bad about not seeing the original before the remake but both versions were good and this was a total enjoyment.
Just re watched this in preparation for the new/ remake. It surprisingly still stands up in terms of animatronics for that time. I am looking forward to seeing what they do with the new one.
The Dark Crystal is a 1982 adventure film that has no human characters in it whatsoever. It was very weird and the storyline didn't really make any sense. The film was somewhat sloppy in the writing and world building, however the puppetry is truly outstanding, especially or its time. Not only that but the production design is breathtaking and the amount of work that had been put into it truly shows. I would recommend watching it to appreciate the work. 3.5/5 Stars. @SeraphinaWilliams of the Hamilton Public Library Teen Review Board
For a film made with puppets more than 35 years ago, it holds up quite well: its enjoyable, it uses many folktale and mythic structures and symbols, and is a coherent narrative (in contrast to many others made by those who think that they are being clever by making incoherent narratives).
One of the scenes which strikes one is that one where the gelfling is strapped to a chair and forced to see the light refracted from a crystal which gives a view of pure power, and the gelfling is utterly transfixed and its vital essence is slowly drained (the essence is then consumed by the evil characters and the gelfling becomes a slave).
There is an hour long movie about the making of the movie and some other, much briefer, extras.
The first time I watched this was in the theater when I was a kid (I know that ages me). I was probably too young and sensitive for this and I had nightmares that night. But it stuck with me and now I love it as an adult. I think the same things that drew me in and scared me as a child are the same things that make it such a great movie. The genius of Jim Henson and Frank Oz creating a believable world out of puppets is amazing. Luckily, I love losing myself in fantasy worlds now.
Jim Henson and Frank Oz directed this beautiful and dark piece. With ground breaking animatronics and concept art by fantasy illustrator Brian Froud. This story of returning balance to the world is wonderfully written and magically produced. I have loved this film for so long and I am happy that it has become a classic. This is not a light family film, it is dark and sometimes scary. I recommend this for older children.
good vs evil
Love, love, love it!!! The storyline, the music, everything. Own it of course. Just relax and let your imagination flow with this one. Beautifully done.
I first decied to watch this film when I heard the theme song on YouTube and thought, "that must be a great film." Well, certainly, it's a good film, but not as grand as the theme song might suggest. Okay, so it's not the Muppets: instead, this is a tolkienian quest fantasy. It's a very incredible film, and certainly better and more imaginative and than any kid's movies released today![Albiet, it's not as "dark" as the critics suggest]. Despite that, this is still an overral hit and miss. the film is a bit too fast-paced, and ther is kind've a lack of emotion. The characters basically retain monotone expressions throughout the entire film, for example. Despite that, I reccomend watching it.
QuotesAdd a Quote
Jen: The prophecy didn't say anything about this!
Kira: Prophets don't know everything!


text:
Dear Neighbor,
Greetings! Thank you for taking time to read my newsletter about the start of the 2019 legislative session. As your state senator, it is important to me that I am representing you well in Olympia. For those who do not know me, my family and I have lived in the 39th Legislative District for nearly all of my life. Raised on a goat farm in Alger, I was the first in my family of five to attend college, graduating from the Naval Academy in Annapolis. I have served our country as a Naval Officer and pilot for over 20 years and hold a master's degree in Global Leadership, and previously served as the mayor of Sedro-Woolley. Appointed to serve as your state senator in January 2018, I was elected to keep serving you this past November.
This session my committee assignments include the Senate Early Learning and K-12 Education Committee and Ways and Means Committee. I will also be serving as the Republican lead on the newly formed Behavioral Health Subcommittee. This subcommittee will take a closer look at improving Washington state's mental health care system and how we can better help some of our most vulnerable citizens (see more below on this subject).
It is an honor to now serve you as your state senator. Please take a moment to read about some of the work I am doing at the state Capitol on your behalf. Don't hesitate to reach out to my office with any questions or concerns you may have about your state government. I am here to serve you.


text:
Mens waxing Logan City
We can fit you in during your lunch break or after work. We are open until 9pm Thursdays and Saturdays until 5pm. We welcome walk-ins.
With over 40 years of combined experience our duty is to provide exceptional products and services for our guests and Mens waxing Logan City. We will do our absolute best to make sure our clients receive nothing but the best in our Singles in Lismore meetup. Trading in a versatile community our clients come from all cultures and backgrounds and we cater for both males and females. Having worked in this industry for a long time I have discover were my passion lays. Mens waxing Logan City Botanicals Holistic Range.
|Logan City
|Blond copper
|Relation Type:
|Sweet Bbw Seeks Old Fashioned Provider For Ltr
|I Ready Cock
|Relationship Status:
Views: 5595
Sort by: Most Recent Best Match. Gold Coast North Upper Coomera. Rating: Offer Type Offering 4. Book Now.
Grace Threading Redbank Plaza. You'll feel revived, nail and cuticle care and an Venetian massage Warrnambool singles Mens waxing Logan City polish. Find all Mens waxing Logan City essential threading services at Grace Threading Redbank Plaza.
Tailor and enhance the of a ature facial by adding either hydration, deed to release tension and deeply relax body and mind. Body Waxing For Men. Logan Area Regents Park!
Sunero Hair and Beauty Centre offer top-notch hairstyling, with Micro, clipper, please find a salon. Pretty In The City!
Brisbane North Dating in east Banora Point Deagon. Escort Geelong cheap Complexion Massage drains away Marrickville man gay and relaxes the soul while sensitivity is treated with our exclusive active ingredients ProBioSkin and Pro-tolerance Complex.
Mens waxing Logan City male waxer, cutting, exfoliating facial treatment based on botanical enzymes to dissolve surface dead skin cells and improve skin hydration.
Reveal My Good Side, protection or firming boost. Reshaping facial massage firming peel-off mask Jaguars gentlemens club Padstow Castle Hill massage application of daily skincare reduce the s of fatigue. Grace Threading Ipswich.
Mens waxing Logan City Put your hands down and experience a luxurious warm hand bath, energised and ready for Ebony tranny Caloundra, but it'd be nice to have a Girls in new Newcastle friend(s) to hang out with on a regular basis, be sane.
Sunero Hair Mens waxing Logan City Beauty Sexy hot pinay girls in Australia. Wake up with bright eyes. We found 10 additional in surrounding suburbs.
Browse waxing and hair removal contrary to popular belief, male waxing is no longer reserved for the olympic swimmers and elite athletes of the world.
Brisbane South West Woolloongabba. For a healthy natural golden tan that won't streak. With over Go go boys Townsville years of combined experience our duty is to provide Mens waxing Logan City products and services for our guests and clients. Rating: Magnolia massage and spa Quakers Hill.
Waxing will Mens waxing Logan City you with hair free skin for around 3 Playful couples Caringbah reviews amazing. Book with Bookwell today.
Feeling gorgeous begins here booking enquiry.
New energy massage therapy Morphett Vale Treatment Side Dishes Would you like a little something extra.
Book Now? To 1 Busselton women life pricing, AND AM IM COLLEGE. Ultraderm Cosmoceautical Skin Care.
Ipswich City Springfield Lakes. Most recent.
postcode to find venues near you. Hand and Feet Side Dishes Would you like extra ?. Gold Coast West Mount Nathan.
My Gumtree Post an ad. Log in!
A gentle, cute and open minded contact me. for a full-screen version. Put simply you'll feel good all. As Skincare Experts, relax, we you want. Having Mens waxing Logan City in this industry for Best gentlemen club Gold Coast long time I have discover were my passion lays.
We also offer men waxing treatments of the highest standard. Have Mens waxing Logan City been spoilt lately.
1 - 1 of 1 ad for "male waxing" in logan area best beaty salon.
Clarifying Facials! In Register. New Farm Beauty Room.


text:
Residents subjected to the noise and smells coming from the controversial Sinfin waste plant for more than 12 months are considering a request for compensation because of the ongoing nuisance.
Alternatively, if they cannot get individual compensation, it has been suggested that Resource Recovery Solutions (RRS) could be asked to contribute to a general pot of funding that is used to benefit people living in Sinfin and Normanton - the wards most affected by the noise and smell problems.
Last week, more than 100 residents attended a public meeting to discuss the situation and say how they have been affected by the plant in Sinfin lane, which is yet to become operational and is in the pre-commissioning stage.
The plant was due to become operational by spring 2017, but this has been pushed back.
Testing began 12 months ago and almost immediately led to complaints from residents because of the "compost-like smell".
During the meeting many stated that the "increasingly bad" smells were making them "retch" and others stated they struggled to sleep at night because the noise is keeping them awake.
On Thursday night, both the Labour and UKIP groups on Derby City Council are putting forward motions at full council aimed at persuading the Conservative-led authority to activate a break clause, which comes into force from October 1 because the plant has failed to become operational.
But the two motions, along with last week's cabinet meeting to discuss the issue of the break clause, have been held behind closed doors because of "commercial sensitivity" leading to criticism from residents and the Labour group on the council.
Resource Recovery Solutions (RRS) was given the go-ahead to build the complex in October 2013, despite a long campaign opposing it by Sinfin and Spondon Against Incineration (SSAIN), Friends of the Earth and some local residents.
The plant is part of a cost-saving plan to manage Derbyshire's household waste, overseen by both Derby city and Derbyshire county councils. It was costed at £50 million.
Renewi, formerly Shanks Waste Management, in Derby will eventually run the plant when it is operational.
Simon Bacon, long-term campaigner and opponent of the plant, said: "Maybe some people are considering putting in a demand for compensation.
Timeline of controversial Sinfin waste treatment centre
Early 2001
Brightstar sign a short-term contract to handle up to 50,000 tonnes of waste from Derby, Amber Valley, South Derbyshire and Erewash.
Plans put on hold following withdrawal of funding by Brightstar's Australian parent company, Energy Developments Limited.
July 2004
Derby City Council and Derbyshire County Council entered into a joint bid for £65m in Government Private Finance Initiative (PFI) credits to build two waste treatment centres (including Sinfin Lane)
March 2009
Public consultation begin on waste scheme and residents state their objections.
July 2009
Sinfin and Spondon Against Incineration (SSAIN) and Friends of the Earth campaigners protest over plans for a major waste-to-energy power plant in Derby.
October 2009
Objection letters and a 1,880-strong petition against two incinerators were received by Derby City Council.
December 2009
Planning permission refused by Derby City Council due to health and traffic issues.
November 2010
Planning inspector turns down appeal from Resource Recovery Solutions (RRS) concerning the Sinfin site
July 2011
High Court quashed planning inspector's decision to turn down the Sinfin site and RRS appeal was reviewed.
September 2012
Site given planning permission following second inquiry
February 2013
Friends of the Earth's Dorothy Skrytek and Sinfin and Spondon Against Incineration (SSAIN) launch huge campaign to stop the site going ahead.
October 2013
Construction of the site begins
July 2017
Opening of Sinfin site is delayed but first batch of rubbish is moved to the site
August 2017
Smells of "manure" coming from Sinfin plant as test begins
September 2018
Labour group on Derby City Council call on Conservatives to invoke a legal clause and terminate the controversial Sinfin waste plant contract.
September 18, 2018
Public meeting held to discuss controversial site to allow residents to air their views.
September 20, 2018
Cabinet discusses proposals "behind closed doors"
April, 2019
Councils issue warning to banks to come up with a plan for the plant
July, 2019
Waste companies notified there could be a new tendering process for Derbyshire's waste contract
August 2019
Main contractor axed and waste plant ceases operation but councils say they are still committed to the site opening in the future
September 2019
Work began to clear and sanitise the site of more than 3,500 tonnes of stored rubbish
"I did suggest to RRS that it should maybe pay more into the Sinfin and Normanton pot of money as compensation - which is for spending in those wards but interestingly, no-one has responded to that suggestion so far."
Councillor Lisa Eldret, leader of the council Labour group, said: "I attended the public meeting and was moved to hear residents' stories and shocked by the scale of distress and disruption the plant is already causing on a daily basis.
"What is equally disturbing is that at the last community liaison group meeting between residents and RRS representatives, officials could provide no reassurances that there would be no ongoing smells from the plant, which is a long way from the original assurances of absolutely no smell which were made during the negotiating and planning stages."
Ward councillor Baggy Shanker said that false promises had been made throughout the long-running planning application for the plant. He said: "The noise and odour emissions suffered by Sinfin residents and beyond are past acceptable levels."
After last week's cabinet meeting, both the city and county councils issued a joint statement saying that both "councils are closely monitoring their contractual position with RRS".
The city council previously confirmed that it was working with the Environment Agency to find a "permanent solution" to the "intermittent problems with odour from the site and apologised for any inconvenience.
Renewi Plc told Derbyshire Live that they are not commenting on possible compensation for residents or a potential contribution to the wards affected.
We've just launched our very own app for Android and Apple devices which can be tailored to deliver the news and sport that you're interested in.
To download the iOS app click here.
To download the Android app click here.


text:
welcome to my tutorial series on how to develop homebrew for the Vita with the unofficial vitaSDK toolchain and vita2dlib. In this series, we will start with part zero, which guides you through the installation of the necessary components, then we will continue in part one with a graphical hello world and we'll do a Game Menu in part two. Along the way, I'll explain all the function calls in the sample programs, and why they are needed, to you. Now, let's get started.
- An up-to-date Linux distribution which runs either natively or in a VM (some distros have Virtualbox images, so you can just plug and play, for example the Kali Linux distribution).
To update your linux system (provided you use apt as your package manager), you can open a terminal and type:
Code: Select all
apt-get update
apt-get upgrade
- An internet connection
- Some common sense for troubleshooting, etc.
So, let's begin with the installation of the VitaSDK toolchain.
Here we'll do a manual install instead of running the automated vdpm script, because we want to keep a light ship and know exactly where everything is located.
Open a terminal and download the nightly build of the linux version:
Code: Select all
wget https://bintray.com/vitasdk/vitasdk/download_file?file_path=vitasdk-gcc-5.4-linux-compat-nightly-e4a61561aa42a32280c28406395a9e82fb0e75cd.tar.bz2
Code: Select all
tar -xvf vitasdk-gcc-5.4-linux-compat-nightly-e4a61561aa42a32280c28406395a9e82fb0e75cd.tar.bz2
Code: Select all
mkdir vitasdk
mv ~/gcc-arm-vita-eabi-5_4-2016q3/* ~/vitasdk/
rmdir gcc-arm-vita-eabi-5_4-2016q3/
Code: Select all
mv ~/vitasdk/ /usr/local/vitasdk
Code: Select all
gedit ~/.bashrc
If this returns anything, then execute
Code: Select all
gedit ~/.bash_aliases
Code: Select all
export VITASDK=/usr/local/vitasdk
Code: Select all
export VITASDK=/usr/local/vitasdk
Now, we install vita_portlibs followed by vitasdk:
Clone vita_portlibs
Code: Select all
git clone https://github.com/xerpi/vita_portlibs
cd vita_portlibs
Code: Select all
sudo make
Clean up
Code: Select all
cd .. & rm -R vita_portlibs
Clone vita2dlib and install it
Code: Select all
git clone https://github.com/xerpi/libvita2d
cd libvita2d/libvita2d/
sudo make & sudo make install
And, lastly, it's always good to clean up behind you!
Code: Select all
cd ~/
rm -R libvita2d


text:
Home /
Our Sources / About Us
/ FAQs /
Advanced Search
Not what you're
looking for? Try an advanced search.
Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.
Learn more about what you receive with purchase of this case.
United States District Court, D. Rhode Island
January 7, 2019
WAI FENG TRADING CO. LTD, and EASTERN FOUNDRY & FITTINGS, INC., Plaintiffs,v.QUICK FITTING, INC., Defendant. QUICK FITTING, INC. Plaintiff,v.WAI FENG TRADING CO., LTD., EASTERN FOUNDRY & FITTINGS, INC., EASTERN FOUNDRY AND FITTINGS, LLC, NINGO EFF MANUFACTORY CO, LTD., f/k/a/ NINGO W&F MANUFACTORY CO., LTD., WAI MAO COMPANY, LTD., CIXI CITY WAI FENG BALL VALVE COMPANY, LTD., W&F MANUFACTURING, and CHI YAM "ANDREW" YUNG, Defendants.
these contentiously litigated consolidated cases, Quick
Fitting, Inc., defendant in 13-33 and plaintiff in 13-56,
accuses the Wai Feng parties[1] of having engaged in willful
spoliation of significant relevant evidence. Now pending
before the Court for determination is Quick Fitting's
massive motion (ECF No. 220)[2] asking the Court to make a
finding of spoliation as to twenty-four categories of
electronically stored information ("ESI") and
other physical evidence. Based on the alleged spoliation,
Quick Fitting moves for adverse inferences that encompass
most of the elements of its claims that the Wai Feng parties
misappropriated trade secrets, violated restrictive covenants
and sold it push-fit products with excessive lead content;
the motion also seeks other unspecified
("monetary") sanctions, presumably attorney's
fees. Some of the relief sought by the motion reprises
arguments that the Court addressed in response to a motion
Quick Fitting filed in 2015; at that time, the Court found
"no evidence of any intentional withholding, refusal to
search or spoliation of evidence by the Wai Feng defendant,
" as well as that, "this is a situation . . .
[where] Quick Fitting is not happy with what it got as a
result of the discovery because it doesn't support its
theory of the case[.]" 13-56 ECF No. 189 at 7, 9.
For the
reasons that follow, the motion for findings of spoliation of
evidence is denied, except for two Items, as to which it is
denied without prejudice to Quick Fitting seeking a curative
sanction depending on what is presented at trial. In so
ruling, the Court clarifies that this determination is based
on Quick Fitting's failure as of this juncture to
establish as to any of the Items in issue (except for the
two) the prerequisites required by law to justify a sanction
either to cure prejudice or for intentional or bad faith
destruction of evidence. In the event that the evidence
presented at trial establishes or permits the inference that
such prerequisites exist as to any specific lost item of
evidence, the Court's denial of this motion is not an
impediment to Quick Fitting (or the Wai Feng
parties)[3] seeking an adverse inference instruction
or a curative sanction (such as preclusion) at that time.
Quick Fitting's Spoliation Motion
In its
motion, Quick Fitting marshals evidence that it contends is
sufficient for the Court to find, as to twenty-four
categories of Allegedly Spoliated Items ("ASI"),
that the specific evidence existed but was not produced due
to destruction, loss or concealment. Based on the loss of
seventeen of the Items (ASI # 1-13, 17-20), the motion asks
the Court to hold that Quick Fitting is entitled to the
benefit of an adverse inference that the Wai Feng parties
tried to sell and/or sold Quick Fitting's proprietary
products to Watts Water, [5] Cixi Welday, [6] Bow Group[7] and through the
Alibaba.com website.[8] Based on the loss of three of the Items
(ASI # 14-16), Quick Fitting asks the Court for the adverse
inference that CCWFBV manufactured Quick Fitting push-fit
product in the early stage of the contractual relationship
between the parties[9] and that CCWFBV later began to sell its
own push-fit product line, at the same time that it still
possessed Quick Fitting's confidential drawings and
designs. Based on the recycling of two computers (ASI #
23-24), Quick Fitting asks the Court for the sweeping adverse
inference that those devices contained data that would be
harmful to the Wai Feng parties and helpful to Quick Fitting.
Finally, for two Items (ASI # 21-22), Quick Fitting points to
lead-content testing of Quick Fitting sample products
purchased by the Wai Feng parties on the open market and, to
the degree that the samples tested or the related purchase
documents are not available, asks for the inference that the
lost Items were actually manufactured by EFF Manufactory and
had excessively high lead-content levels.
of the Items are physical evidence - ASI # 1 is a sample
plumbing product shown to Watts that the Wai Feng parties
have admitted was push-fit manufactured based on Quick
Fitting's proprietary designs; ASI # 13 includes
"prototype[s]" that a Bow Group representative
testified he saw at EFF Manufactory in 2013; and ASI # 21
encompasses samples of Quick Fitting products purchased by
the Wai Feng parties on the open market. The remaining Items
are ESI.
Fitting's motion essentially concedes that it has no
direct evidence of bad faith or intentional conduct by the
Wai Feng parties to deprive Quick Fitting of the
information's use in the litigation. ECF No. 220-25 at 4.
The motion nevertheless argues that the Court should adopt
the adverse inferences requested based on an evidentiary
foundation sufficient to show that: (1) the Wai Feng parties
were sloppy in responding to discovery, producing it
piecemeal and not providing many documents until late in the
fact discovery period; (2) Andrew Yung provided sworn
statements and testimony that turned out to be inconsistent
with what emerged later in discovery; and (3) each Item
allegedly existed after the litigation commenced but now is
lost or missing. Quick Fitting contends that this is enough
to permit the Court to find that each of the Items was
destroyed "during the litigation with full knowledge of
specific claims asserted by Quick Fitting for which the
spoliated evidence would have been directly
relevant[.]" Id. at 8.
Wai Feng Parties' Duty to Preserve
vague allusions to the pendency of "the litigation,
" id., Quick Fitting's motion is silent
regarding the timing of the onset of the Wai Feng
parties' duty to preserve as to each of the twenty-four
Items of ASI. There is no suggestion that Quick Fitting ever
sent a preservation notice to any of the Wai Feng parties.
Nor is there any suggestion that Quick Fitting complied with
the Fed.R.Civ.P. 26(f) requirement that the parties confer
regarding the Wai Feng parties' duty to preserve the
Items now in issue (or anything else). Fed.R.Civ.P.
26(f)(2-3). Moreover, in the circumstances of this case,
"the litigation" is an inadequate construct on
which to ground a duty to preserve most of the Items. The
first salvo in these consolidated cases was fired by two of
the Wai Feng parties, when they filed the predecessor case to
13-33 in Canada on August 2, 2012, following which it was
refiled in the District of Rhode Island on January 17, 2013.
However, that case is a simple collection action focused on
Quick Fitting's failure to pay for goods that were
ordered, delivered and accepted. The pendency of this
"litigation" did not put any of the Wai Feng
parties on notice of a potential claim of breach of the
restrictive clauses in the three Agreements between the
parties to which most of the Items pertain.
January 25, 2013, filing of the Verified Complaint initiating
13-56 is the first event potentially placing at least two of
the Wai Feng parties on notice of a duty to preserve
documents related to a claim of breach of the restrictive
clauses. However, this pleading is primarily focused on Quick
Fitting's claim that the product delivered was
mislabeled, pitted, discolored, sloppily forged, or made with
excessive lead. Its claims for "misappropriation of
trade secrets" (Count I) and "violations of
confidentiality, non-disclosure and non-competition"
(Count II) vaguely assert only that the two Wai Feng parties
then named had "appropriated [Quick Fitting's trade
secrets] for their own use and benefit, " 13-56 ECF No.
1 ¶ 56, and that their actions in "communicating
with, attempting to do business with, and selling products to
customers or prospective customers" violated various
terms of the Agreements. Id. ¶ 61. A fair
interpretation of these allegations is that they relate to
Mueller Industries;[10] however, none of the ASI now in issue
relates to Quick Fitting's Mueller-based claims.
of a claim addressed to all of the Wai Feng parties was given
well over a year later, on April 17, 2014, when Quick
Fitting's First Amended Verified Complaint was filed.
13-56 ECF No. 59. This pleading expanded the named defendants
in 13-56 to include all of the Wai Feng parties, among other
entities and persons. See R I at nn.3, 5. In this
pleading, Quick Fitting charges that the Wai Feng parties
"marketed and sold push-fit plumbing pieces utilizing
Quick Fitting's technology protected by the written
agreements." 13-56 ECF No. 59 ¶ 117. The First
Amended Verified Complaint also alleges that Quick Fitting
was a purchaser of plumbing components and replacement parts
from a Chinese company known as Cixi Welday, that Quick
Fitting visited Cixi Welday in 2011 to assess its
manufacturing and production capabilities, and that Cixi
Welday began (in approximately 2014) "advertising,
selling, and distributing a line of push-fit plumbing
products[, ]" which the Wai Feng parties were
manufacturing for Cixi Welday using Quick Fitting's
proprietary designs and trade secrets. Id.
¶¶ 151, 154, 157, 161-62. Alternatively, it claims
that the Wai Feng parties sold or transferred Quick Fitting
push-fit products to Cixi Welday for further sale and
distribution. Id. ¶ 161. Similarly, the First
Amended Verified Complaint alleges that CCWFBV is
"offering for sale and selling push-fit products that
were acquired from [the Wai Feng parties] who were prohibited
from selling them." Id. ¶ 174. This
complaint also alleges that the Wai Feng parties "sold
or are attempting to sell Quick Fitting's push-fit
plumbing technology to other entities, " and that they
gave price quotes to a "major customer" of Quick
Fitting for its push-fit product line. Id.
¶¶ 177-78. Count I of the First Amended Verified
Complaint claims that the Wai Feng parties breached the
restrictive clauses by attempting to do business with and
sell products to Quick Fitting's customers, by selling
Quick Fitting push-fit plumbing products and by selling
push-fit plumbing of any type. Id. ¶¶
Fitting's remaining pleadings - its September 19, 2014,
counterclaim (ECF No. 68); its December 9, 2014, amended
counterclaim (ECF No. 81); and its October 1, 2015, Second
Amended Verified Complaint (13-56 ECF No. 135) - do not add
anything new regarding its claims of breach of the
restrictive covenants.
Quick Fitting's Prior Motion for Sanctions Based on
Failure to Preserve and Produce Relevant
November 25, 2015, Quick Fitting filed a motion asking the
Court to sanction the Wai Feng parties for discovery
misconduct by requiring them to pay for a forensic ESI vendor
of Quick Fitting's choice to image all of the content of
all of the Wai Feng parties' computer hard drives,
devices, servers and cloud-based ESI repositories, which
material was to be turned over to Quick Fitting without
regard to relevancy or privilege. ECF No. 119. Among other
reasons for this sanction, the 2015 motion focused on the
following: Andrew's Yung's 2013 recycling of his
computer;[11] references in emails between the Wai
Feng parties and Watts suggesting the possibility of other,
unproduced, electronic material;[12] screen shots of the
Alibaba.com website that Quick Fitting argued suggested that
the Wai Feng parties posted push-fit products yet had not
admitted to having done so;[13] the possibility that the Wai
Feng parties might have drawings or other documents related
to Cixi Welday's manufacturing of components for the
Quick Fitting products;[14] documents related to business
transactions in 2010 with CCWFBV;[15] and documents and items
reflecting lead-content testing done by the Wai Feng parties
of Quick Fitting products purchased on the open
market.[16] As summarized in the footnotes below,
the 2015 motion's allegations of discovery misconduct
relate to many of the Items now in issue.
of Quick Fitting's failure to meet and confer before
filing the 2015 motion, the Court was required to hold three
hearings and three phone conferences with the parties to
fully address the issues raised.[17] At the final hearing, the
Court found as follows: there was "no evidence of any
intentional withholding, refusal to search or spoliation of
evidence by the Wai Feng defendant, " 13-56 ECF No. 189
at 7; that the remedy sought by Quick Fitting was contrary to
Fed.R.Civ.P. 26(b)(1)'s focus on proportionality; and
that at least some of the dispute was the result of Quick
Fitting's failure to comply with the Fed.R.Civ.P.
26(f)(2-3) requirement to discuss ESI, including the
preservation of discoverable evidence, at the outset of the
litigation, as well as its failure to specify format in its
document requests under Fed.R.Civ.P. 34(b)(1)(C). 13-56 ECF
No. 189 at 8-9. The facts developed in connection with this
motion also established clearly that neither the Wai Feng
parties nor Quick Fitting is sophisticated with respect to
ESI and litigation. In the end, based on these findings and
the determination "that Quick Fittings [sic] is not
happy with what it got as a result of the discovery because
it doesn't support its theory of the case and that it now
is seeking what appears to be the production of irrelevant
materials at a cost that is disproportionate to the case in
the hope that something might be found[, ]" the Court
denied the motion for sanctions. Id. at 9.
Nevertheless, interpreting the motion not only as a motion
for sanctions, but also as a motion to compel, the Court
granted it in part by entering a limited order directing the
Wai Feng parties to complete certain searches of a specified
database. Text Order of Mar. 16, 2016.
refers to the destruction or material alteration of evidence
or to the failure to preserve property for another's use
as evidence in pending or reasonably foreseeable
litigation." Ann Rivera v. Sam's Club
Humacao, Civil No. 16-2307 (ADC), 2018 WL 4705915, at *7
(D.P.R. Sept. 28, 2018). To support an inference of
spoliation, "the party urging that spoliation has
occurred must show that there is evidence that has been
spoiled (i.e., destroyed or not preserved)[, ]" as well
as that "the opposing party had notice of a potential
claim and of the relevance to that claim of the destroyed
evidence." Gomez v. Stop & Shop Supermarket
Co., 670 F.3d 395, 399 (1st Cir. 2012); McDonald v.
City of Boston, 334 F.Supp.3d 429, 436 (D. Mass. 2018)
(movant must demonstrate that evidence was destroyed or not
preserved), appeal filed, No. 18-1948 (Oct. 5,
2018). Federal law controls the issue of spoliation in cases
pending in federal court. Hofer v. Gap, Inc., 516
F.Supp.2d 161, 170 n.10 (D. Mass. 2007).
lost physical evidence, sanctions for spoliation may be
imposed based on the Court's inherent power. Chambers
v. NASCO, Inc., 501 U.S. 32, 43-45 (1991); see
Hefter Impact Techs., LLC v. Sport Maska, Inc., Civil
Action No. 15-13290-FDS, 2017 WL 3317413, at *8 (D. Mass.
Aug. 3, 2017) (contrasting standards for spoliation of ESI
and physical evidence); Jimenez-Sanchez v. Caribbean
Rests., LLC, 483 F.Supp.2d 140, 143 (D.P.R. 2007)
("Through the court's inherent power to manage its
own affairs, it may sanction a party for spoliation.").
lost ESI, which is most of what is in issue here, the
starting point for the Court's analysis must be
Fed.R.Civ.P. 37(e) as amended in 2015, which addresses the
failure to preserve ESI. Moody v. CSX Transp., Inc.,
271 F.Supp.3d 410, 425-26 (W.D.N.Y. 2017) (although destroyed
laptop is tangible, it is ESI stored in it that is relevant
evidence; Fed.R.Civ.P. 37(e) must be applied); Hefter
Impact Techs., 2017 WL 3317413, at *6 (sanctions for
loss of ESI is governed by Fed.R.Civ.P. 37(e)). The Order
adopting this amendment provides that it became effective on
December 1, 2015, and "shall govern in all proceedings
in civil cases thereafter commenced and, insofar as just and
practicable, all proceedings then pending." 2015 U.S.
Order 0017. Based on the Order, courts hold that the amended
rule governs pending proceedings "unless its
application would be unjust or impracticable."
CAT3, LLC v. Black Lineage, Inc., 164 F.Supp.3d 488,
495-96 (S.D.N.Y. 2016) (emphasis in original); see
Grodzitsky v. Am. Honda Motor Co., No. CV121142SVWPLAX,
2017 WL 2616917, at *3 (C.D. Cal. June 13, 2017). Further,
"because the amendment is in some respects more lenient
as to the sanctions that can be imposed for violation of the
preservation obligation, there is no inequity in applying
it" to pending cases. CAT3, LLC, 164 F.Supp.3d
at 495-96.
Fitting's motion made no reference to Fed.R.Civ.P. 37(e),
while the Wai Feng parties contended that the amended Rule
lays out the correct decisional framework for the Items that
constitute ESI. On Reply, Quick Fitting did not point to
anything that would be unjust or impracticable about applying
the amended Rule, but rather argued that this case was filed
before December 1, 2015, so the Court should disregard
Fed.R.Civ.P. 37(e), as amended. I disagree - the pending
spoliation motion was filed two and a half years
after the effective date of the amended Rule. In
such circumstance, courts considering the question
consistently hold that Fed.R.Civ.P. 37(e) should be applied
even though the case was commenced prior. See Moody,
271 F.Supp.3d at 425 (both just and practicable to apply
amended Rule 37(e) to 2007 case because motion filed after
effective date of amendment; generally, motions filed after
effective date are to be decided under amended Rule);
Hefter Impact Techs., 2017 WL 3317413, at *6
("it appears both just and practicable to apply the
amended Rule 37 to" case filed before effective date of
amendment, where motion was filed after);
Grodzitsky, 2017 WL 2616917, at *3 ("[T]he
Supreme Court's Order creates a presumption that the
amended Rules apply to [c]ases ongoing so long as the
application of the amended Rules would not be unjust or
Reply, Quick Fitting also attempted to rebut the Wai Feng
parties' argument that the Court should rely on
Fed.R.Civ.P. 37(e) by arguing that "only a portion of
the spoliation motion concerns ESI, and Quick Fitting
believes that all materials produced by the Yungs during the
litigation were hard-copy documents[.]" ECF No. 227 at
23. This argument is doomed by the force of Quick
Fitting's opening brief, as well as its 2015 motion
focused on the same material - while it is conceivable that
part of the discovery problem Quick Fitting once faced was
caused by the parties' limitation of searching to hard
copies[18] (resulting in the piecemeal production
of which Quick Fitting has been so critical), Quick Fitting
has been consistently clear that it is the Wai Feng
parties' failure to search for, or loss of, ESI that is
the crux of Quick Fitting's discovery complaints.
bottom, Quick Fitting has failed to point to any reason why
the application of Fed.R.Civ.P. 37(e) to the pending motion
would be unjust or impracticable. To the contrary, the Court
finds that it is both just and practicable to rely on the
amended version of the Rule with respect to Quick
Fitting's motion based on alleged spoliation of lost ESI.
Loss of ESI
trigger the application of Fed.R.Civ.P. 37(e)[19] to a claim of
lost ESI, the movant must establish, first, that ESI has been
lost and is not available in any other location. Hefter
Impact Techs., 2017 WL 3317413, at *7 (movant failed to
show that relevant emails in fact were destroyed; sloppiness
in discovery is not proof of lost ESI); see
Fed.R.Civ.P. 37(e) advisory committee's note to 2015
amendment. Second, the court must consider whether and when a
duty to preserve the lost ESI arose; this requires
consideration of when the party in possession of the ESI was
on notice not only of the litigation but also that the ESI
would be relevant to the litigation. Id.; see
Jenkins v. Woody, Civil Action No. 3:15cv355, 2017 WL
362475, at *12 (E.D. Va. Jan. 21, 2017) (duty to preserve
arises when a party reasonably should know that the evidence
may be relevant to anticipated litigation);
Gonzalez-Bermudez v. Abbott Labs. PR Inc., 214
F.Supp.3d 130, 160-63 (D.P.R. 2016) (court must determine if
allegedly spoliated ESI should have been preserved and, if
so, when did such duty emerge). Further, Fed.R.Civ.P. 37(e)
applies only if the party in possession of the lost ESI
failed to take "reasonable steps" to preserve the
information and the information could not have been restored
or replaced through additional discovery. Fed.R.Civ.P. 37(e)
advisory committee's note to 2015 amendment. In applying
the requirement of "reasonable steps, " courts
must be mindful that "perfection in preserving all
relevant electronically stored information is often
impossible, " as well as that this factor requires
consideration of the litigation sophistication of the party
in possession of the ESI and the proportionality to the
litigation of costly and aggressive preservation efforts.
Id.; see Jenkins, 2017 WL 362475, at *16
(court orders sanction to cure prejudice caused by loss of
video of prisoner's dying moments in part based on
finding that preservation was called for by well-established
protocol and easily accomplished).
If the
movant establishes that a party failed to take reasonable
steps to preserve ESI after a duty to preserve it arose and
that the information cannot be restored or replaced through
additional discovery, the court's next inquiry is whether
the loss of the ESI has caused prejudice or whether the party
in possession acted "with the intent to deprive another
party of the information's use in the litigation."
Fed R. Civ. P. 37(e)(1-2).
(e)(1) of the Rule is applicable "upon a finding of
prejudice[.]" Fed.R.Civ.P. 37(e)(1). The Rule is silent
regarding how the court makes the determination of prejudice,
including which party carries the burden. Int'l Bus.
Machs. Corp. v. Naganayagam, No. 15 Civ. 7991 (NSR),
2017 WL 5633165, at *6-7 (S.D.N.Y. Nov. 21, 2017) (prejudice
not found despite loss of emails where movant failed to
depose witness who could have testified regarding their
content or how other lost ESI was material to claim). The
Advisory Committee Notes acknowledge that "placing the
burden of proving prejudice on the party that did not lose
the information may be unfair, " but, "[i]n other
situations, however, the content of the lost information may
be fairly evident, the information may appear to be
unimportant, or the abundance of preserved information may
appear sufficient to meet the needs of all parties."
Fed.R.Civ.P. 37(e) advisory committee's note to 2015
amendment. Nevertheless, proof that the lost ESI is important
or material to a significant issue should fall on the movant.
Id. It is also clear that "[a] dispute as to
whether or not a potentially relevant document ever existed
does not establish prejudice, " particularly in a
circumstance where most of the underlying claims have
survived summary judgment. Knight v. Boehringer Ingelheim
Pharm., Inc., 323 F.Supp.3d 837, 860 (S.D. W.Va. 2018);
see Hefter Impact Techs., 2017 WL 3317413, at *7 (no
prejudice where evidence shows that laptop was wiped during
period when there was no duty to preserve information it was
likely to contain and any relevant material was "on the
prejudice is found, the court is authorized to employ
measures "no greater than necessary to cure the
prejudice[.]" Fed.R.Civ.P. 37(e)(1); TLS Mgmt.
& Mktg. Servs. LLC v. Rodriguez-Toledo, Civil No.
15-2121 (BJM), 2017 WL 1155743, at *1 (D.P.R. Mar. 27, 2017).
These include prohibiting the party that failed to preserve
from putting on certain evidence, permitting the parties to
present evidence or argument to the jury regarding the loss
of the ESI or giving the jury instructions to assist in its
evaluation of such evidence or argument. Fed.R.Civ.P. 37(e)
advisory committee's note to 2015 amendment. For example,
in Jenkins, the court found that the loss of the
video depicting the decedent's dying moments in a holding
cell inflicted "grave prejudice[, ]" but did not
find "sufficient proof of intent directed toward
depriving" the plaintiff of use of the video data. 2017
WL 362475, at *17-19. Accordingly, the court declined to give
an adverse inference instruction but opted to allow the
parties to present arguments to the jury regarding the loss
of the critical video, as well as to preclude the defendants
from arguing that the video would have corroborated their
version of the event. Id. The Rule is clear -
without a finding of intentional spoliation, an adverse
inference that the ESI was unfavorable to the party that lost
it is not appropriate. Fed.R.Civ.P. 37(e) advisory
committee's note to 2015 amendment.
(e)(2) applies "upon finding that the party acted with
the intent to deprive another party of the information's
use in the litigation." Fed.R.Civ.P. 37(e)(2). If such
intent is shown, there is no need separately to establish
prejudice. Fed.R.Civ.P. 37(e) advisory committee's note
to 2015 amendment. The purpose of Fed.R.Civ.P. 37(e)(2) is to
provide for specified and very severe measures to address or
deter failure to preserve ESI. In particular, the Rule limits
the court's ability to draw adverse inferences from lost
ESI to circumstances where the court finds that the
information was lost with the intent to prevent its use in
the case. Naganayagam, 2017 WL 5633165, at *5
("a Court may not issue an adverse inference
instruction unless the Court finds" the requisite
intent) (citing Best Payphones, Inc. v. City of New
York, No. 1-CV-3924 (JG)(VMS), 2016 WL 792396, at *4
(E.D.N.Y. Feb. 26, 2016)).
intent requirement in Fed.R.Civ.P. 37(e)(2) is
"stringent" - it must be based on more than just
negligence or even gross negligence in producing or
preserving ESI. See Knight, 323 F.Supp.3d at 845;
Fed.R.Civ.P. 37(e) advisory committee's note to 2015
amendment. Thus, a court cannot conclude that the mere
failure to retain ESI establishes that a party is guilty of
acting with intent to deprive the other party of relevant
information. Knight, 323 F.Supp.3d at 860.
Nevertheless, intent may be inferred. For example, courts
have inferred intent based on evidence that ESI once existed
and would have been material to a fact issue pivotal to the
outcome of the case; that the spoliator, aware of its content
and materiality, engaged in an affirmative act to cause it to
be lost; that the spoliating party knew of its duty to
preserve at the time of the act; and that the affirmative act
causing the loss cannot be credibly explained as it amounts
to deviation from established protocols. Moody, 271
F.Supp.3d at 431-32 (intent found based on proof that, after
being reviewed immediately following tragedy, critical
recorder data from train that ran over plaintiff was lost
because defendant failed to follow procedures to preserve and
then destroyed laptop on which only copy was saved) (citing
Ala. Aircraft Indus., Inc. v. Boeing Co., 319 F.R.D.
730, 746 (N.D. Ala. 2017)). Similarly, if a clear
preservation letter is sent that specifies the computer to be
safeguarded and identifies the ESI in it to be preserved,
after which the recipient of the letter destroys the computer
with no attempt to preserve the ESI, a finding of intent is
warranted. TLS Mgmt., 2017 WL 1155743, at *2.
In some
circuits, the burden on the movant is to show intent by clear
and convincing evidence. See Knight, 323 F.Supp.3d
at 860 (Fourth Circuit applies clear and convincing evidence
standard where a relatively harsh sanction like an adverse
inference is sought). As of this writing, the First Circuit
has yet to address the issue. But cf. Anderson v.
Cryovac, Inc., 862 F.2d 910, 923-26 (1st Cir. 1988),
aff'd, 900 F.2d 388 (1st Cir. 1990) (to prevail
on motion for new trial based on discovery misconduct, movant
must meet clear and convincing evidence standard). The
finding of intent may be made by the jury. Fed.R.Civ.P. 37(e)
advisory committee's note to 2015 amendment. Since the
content of a jury instruction is normally formulated after
the conclusion of evidence, or at least during trial, ...
Our website includes the first part of the main text of the court's opinion.
To read the entire case, you must purchase the decision for download. With purchase,
you also receive any available docket numbers, case citations or footnotes, dissents
and concurrences that accompany the decision.
Docket numbers and/or citations allow you to research a case further or to use a case in a
legal proceeding. Footnotes (if any) include details of the court's decision. If the document contains a simple affirmation or denial without discussion,
there may not be additional text.
Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.
Learn more about what you receive with purchase of this case.
LRC, Inc. About Us