Diana L. Garcia, Plaintiff, vs. Salt River Project Agricultural Improvement and
Power District; International Brotherhood of Electrical Workers Local Union 266,
John Does I-V and Jane Does I-V; Black Corporations I-III and White Partnerships
I-III, Defendants.
No. CV-05-1279-PHX-ROS
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA
618 F. Supp. 2d 1092; 2007 U.S. Dist. LEXIS 98440
September 30, 2007, Decided
PRIOR HISTORY: Garcia v. Salt River Project Agric.
Improvement & Power Dist., 2006 U.S. Dist. LEXIS
54871 (D. Ariz., Aug. 4, 2006)
COUNSEL: [**1] For Diana L Garcia, a single woman,
Plaintiff: Angela Marie Wilson-Goodman, LEAD
ATTORNEY, Wilson-Goodman & Fong PC, Gilbert,
AZ.
For Salt River Project Agricultural Improvement and
Power District, a political subdivision of the State of
Arizona, Defendant: John James Egbert, LEAD
ATTORNEY, Jennings Strouss & Salmon PLC, Collier
Ctr, Phoenix, AZ.
For Local 266 International Brotherhood of Electrical
Workers, Defendant. Stanley Lubin, LEAD
ATTORNEY, Lubin & Enoch PC, Phoenix, AZ
JUDGES: Roslyn O. Silver, United States District Judge.
OPINION BY: Roslyn O. Silver
OPINION
[*1094] ORDER
Pending are various defense motions. The Court will
deny SRP's motions to strike, will grant in part and deny
in part SRP's Motion for Summary Judgment, and will
grant the Union's Motion for Summary Judgment.
BACKGROUND
The following facts are not disputed. In 1987, the
Plaintiff, Diana L. Garcia (a hispanic woman), was hired
by Salt River Project Agricultural Improvement and
Power District ("SRP") (SRP SOF P 1). Plaintiff held
various positions with SRP until she became a
Tradeshelper in 1994 (SRP SOF P 2). Later, in 1999, she
was promoted to the position of Equipment Operator II, a
position in which Plaintiff operated mobile cranes (SRP
SOF P 3). On April 27, 2004, while Plaintiff was
operating a crane to replace a transformer in a mobile
park, the crane tipped over and [*1095] crashed [**2]
into two mobile homes (SRP SOF P 5).
An SRP investigation determined that the crane
accident was preventable. The mobile crane had four
stabilizing legs called "outriggers" on the corners of the
bed of the truck that can be extended out six feet from the
truck (SRP SOF P 16). Plaintiff was trained that by fully
extending the outriggers the stability of the crane is
maximized and to use larger pads on the outriggers
whenever the ground was questionable in any way (SRP
SOF P 16, 18). 1 Plaintiff also understood that, as the
Equipment Operator, she had full authority not to go
Page 1
forward with a lift that she felt was unsafe or improper
and that she had full authority to tell her supervisor that
the lift was unsafe and should not proceed (SRP SOF P
24-25).
1 The operator's manual for the crane, which
Plaintiff was expected to read and follow, also
instructs that "[t]he outriggers shall be fully
extended . . . before operating the boom" and that
"[i]t may be necessary to provide additional
support u ...
This summary provides the essential information from the document in 3 sentences:
The document describes a lawsuit brought by Stephen Davis against Burlington Northern Santa Fe Railway Company under the Federal Employers' Liability Act (FELA) to recover damages for an injury to his knee suffered while attempting to board a locomotive. Both parties filed motions for summary judgment, and the trial court granted the defendant's motion, finding that the locomotive was not "in use" at the time of the injury and that causation was lacking. The plaintiff appealed, arguing that the trial court's findings on "in use" and causation were incorrect.
Defendants dismas charities,inc.,ana gispert,derek thomas and adams leshota's...Cocoselul Inaripat
1) The document is a motion to dismiss a complaint filed by Traian Bujduveanu against Dismas Charities Inc., Ana Gispert, Derek Thomas, and Adams Leshota.
2) The motion argues that the complaint should be dismissed for failing to state any valid causes of action. It does not provide specific facts or legal elements to support the ten alleged legal violations or theories of recovery.
3) The complaint also fails to delineate which defendant is being sued for each specific cause of action. The motion asserts that the complaint does not give the defendants proper notice of the specific reasons they are being sued.
Defendants dismas charities,inc.,ana gispert,derek thomas and adams leshota's...Cocoselul Inaripat
1) The document is a motion to dismiss a complaint filed by Traian Bujduveanu against Dismas Charities Inc., Ana Gispert, Derek Thomas, and Adams Leshota.
2) The motion argues that the complaint should be dismissed for failing to state any valid causes of action. It does not provide specific facts or legal elements to support the ten alleged legal violations or theories of recovery.
3) The complaint also fails to delineate which defendant is being sued for each specific cause of action. The motion asserts that the complaint does not give the defendants proper notice of the reasons they are being sued.
Defendants dismas charities,inc.,ana gispert,derek thomas and adams leshota's...Cocoselul Inaripat
1) The document is a motion to dismiss a complaint filed by Traian Bujduveanu against Dismas Charities Inc., Ana Gispert, Derek Thomas, and Adams Leshota.
2) The motion argues that the complaint should be dismissed for failing to state any valid causes of action. It does not provide specific facts or legal elements to support the ten alleged legal violations or theories of recovery.
3) The complaint also fails to delineate which defendant is being sued for each specific cause of action. The motion asserts that the complaint does not give the defendants proper notice of the reasons they are being sued.
1. This judgment involves two appeals regarding claims for compensation arising from a motor vehicle accident in 1999.
2. The accident occurred when a tractor rolled backwards down a slope in an agricultural field and fell in a ditch, crushing two men - Suresh and Sherulal - who had been sitting in the tractor.
3. The High Court allowed the appeals, finding the Claims Tribunal was wrong to reject the claim petitions. The accident arose from the use of a motor vehicle in a public place due to the driver's negligence. The Court assessed compensation of Rs. 1,50,000 for Suresh's family and Rs. 1,90,000 for Sherulal's family.
The court heard arguments from the petitioner and the Directorate General of Civil Aviation (DGCA) regarding aviation safety and exemptions granted by DGCA from Rule 42A of the Aircraft Rules, which regulates maximum flying times and minimum rest requirements for pilots. The court directed DGCA to disclose the number of exemptions granted after the rule was amended in 2016, and to provide records of 5 exemption requests. DGCA was also told to provide details of exemptions granted prior to the 2016 amendment which are still in effect. The petitioner may file a rejoinder and the case will be heard again on April 18.
This letter requests a briefing schedule for a motion for Rule 11 sanctions against the plaintiffs. The letter argues that plaintiffs' claims against Unitransfer lack evidentiary support and factual basis in several key areas: (1) there is no evidence of any unlawful agreement by Unitransfer, (2) plaintiffs did not suffer damages as Unitransfer did not collect fees from US recipients, (3) there is no evidence Unitransfer made material misrepresentations, (4) Unitransfer was not unjustly enriched as fees were remitted to Haiti, (5) Unitransfer does not conduct business in California, and (6) plaintiffs consented to fees so Unitransfer lacked intent for civil theft claims. The letter contends
This letter requests a briefing schedule for a motion for Rule 11 sanctions against the plaintiffs and their counsel. The letter argues that sanctions are warranted because the plaintiffs' claims against Unitransfer USA lack evidentiary support and a reasonable factual basis. Specifically, the letter asserts there is no evidence that Unitransfer entered into any unlawful agreements, collected fees from class members, made misrepresentations, was unjustly enriched, conducted business in California, or intended to steal funds as required for the civil theft claim. The letter contends the plaintiffs failed to conduct a proper factual inquiry before filing their claims against Unitransfer.
This summary provides the essential information from the document in 3 sentences:
The document describes a lawsuit brought by Stephen Davis against Burlington Northern Santa Fe Railway Company under the Federal Employers' Liability Act (FELA) to recover damages for an injury to his knee suffered while attempting to board a locomotive. Both parties filed motions for summary judgment, and the trial court granted the defendant's motion, finding that the locomotive was not "in use" at the time of the injury and that causation was lacking. The plaintiff appealed, arguing that the trial court's findings on "in use" and causation were incorrect.
Defendants dismas charities,inc.,ana gispert,derek thomas and adams leshota's...Cocoselul Inaripat
1) The document is a motion to dismiss a complaint filed by Traian Bujduveanu against Dismas Charities Inc., Ana Gispert, Derek Thomas, and Adams Leshota.
2) The motion argues that the complaint should be dismissed for failing to state any valid causes of action. It does not provide specific facts or legal elements to support the ten alleged legal violations or theories of recovery.
3) The complaint also fails to delineate which defendant is being sued for each specific cause of action. The motion asserts that the complaint does not give the defendants proper notice of the specific reasons they are being sued.
Defendants dismas charities,inc.,ana gispert,derek thomas and adams leshota's...Cocoselul Inaripat
1) The document is a motion to dismiss a complaint filed by Traian Bujduveanu against Dismas Charities Inc., Ana Gispert, Derek Thomas, and Adams Leshota.
2) The motion argues that the complaint should be dismissed for failing to state any valid causes of action. It does not provide specific facts or legal elements to support the ten alleged legal violations or theories of recovery.
3) The complaint also fails to delineate which defendant is being sued for each specific cause of action. The motion asserts that the complaint does not give the defendants proper notice of the reasons they are being sued.
Defendants dismas charities,inc.,ana gispert,derek thomas and adams leshota's...Cocoselul Inaripat
1) The document is a motion to dismiss a complaint filed by Traian Bujduveanu against Dismas Charities Inc., Ana Gispert, Derek Thomas, and Adams Leshota.
2) The motion argues that the complaint should be dismissed for failing to state any valid causes of action. It does not provide specific facts or legal elements to support the ten alleged legal violations or theories of recovery.
3) The complaint also fails to delineate which defendant is being sued for each specific cause of action. The motion asserts that the complaint does not give the defendants proper notice of the reasons they are being sued.
1. This judgment involves two appeals regarding claims for compensation arising from a motor vehicle accident in 1999.
2. The accident occurred when a tractor rolled backwards down a slope in an agricultural field and fell in a ditch, crushing two men - Suresh and Sherulal - who had been sitting in the tractor.
3. The High Court allowed the appeals, finding the Claims Tribunal was wrong to reject the claim petitions. The accident arose from the use of a motor vehicle in a public place due to the driver's negligence. The Court assessed compensation of Rs. 1,50,000 for Suresh's family and Rs. 1,90,000 for Sherulal's family.
The court heard arguments from the petitioner and the Directorate General of Civil Aviation (DGCA) regarding aviation safety and exemptions granted by DGCA from Rule 42A of the Aircraft Rules, which regulates maximum flying times and minimum rest requirements for pilots. The court directed DGCA to disclose the number of exemptions granted after the rule was amended in 2016, and to provide records of 5 exemption requests. DGCA was also told to provide details of exemptions granted prior to the 2016 amendment which are still in effect. The petitioner may file a rejoinder and the case will be heard again on April 18.
This letter requests a briefing schedule for a motion for Rule 11 sanctions against the plaintiffs. The letter argues that plaintiffs' claims against Unitransfer lack evidentiary support and factual basis in several key areas: (1) there is no evidence of any unlawful agreement by Unitransfer, (2) plaintiffs did not suffer damages as Unitransfer did not collect fees from US recipients, (3) there is no evidence Unitransfer made material misrepresentations, (4) Unitransfer was not unjustly enriched as fees were remitted to Haiti, (5) Unitransfer does not conduct business in California, and (6) plaintiffs consented to fees so Unitransfer lacked intent for civil theft claims. The letter contends
This letter requests a briefing schedule for a motion for Rule 11 sanctions against the plaintiffs and their counsel. The letter argues that sanctions are warranted because the plaintiffs' claims against Unitransfer USA lack evidentiary support and a reasonable factual basis. Specifically, the letter asserts there is no evidence that Unitransfer entered into any unlawful agreements, collected fees from class members, made misrepresentations, was unjustly enriched, conducted business in California, or intended to steal funds as required for the civil theft claim. The letter contends the plaintiffs failed to conduct a proper factual inquiry before filing their claims against Unitransfer.
ESSAY #4In contrast to thinking of poor people as deserving of bei.docxLinaCovington707
ESSAY #4
In contrast to thinking of poor people as deserving of being poor, use the sociological perspective to explain poverty
without
“blaming the victim.” In other words, what conditions in society create poverty? You should use the Newman book extensively to help you with this question.
Your response should be about 500 words.
Essay 4 Rubric
Essay 4 Rubric
标准
等级
得分
此标准已链接至学习结果
Clarity and professionalism
查看较长的说明
Paper is well-written, free of typos and grammatical errors, and well-organized; it's clear that the student spent some time editing the paper
3.0
得分
Poorly written; many typos and mistakes; difficult to follow or understand; appears that little time was spent on crafting a professional essay
0.0
得分
3.0
分
此标准已链接至学习结果
Sociological Understanding
查看较长的说明
Paper uses a sociological approach to explaining the causes of poverty. Paper pulls often from the Newman material. No 'victim blaming' in the paper.
27.0
得分
Paper is not sociological. Paper does not identify social structural causes of poverty. Paper contains elements of 'victim blaming,' or individual explanations for poverty.
15.0
得分
No paper submitted
0.0
得分
27.0
分
总得分:
30.0
,满分 30.0
上一页
下一页
.
Essay # 3 Instructions Representations of War and Genocide .docxLinaCovington707
Essay # 3 Instructions
Representations of War and Genocide
:
In 1000-1200 words, discuss the novel, Edwidge Danticat’s
Farming of the Bones
, represent genocide and massacre. Focus on why in history, The Parsley massacre is not called a genocide, rather a massacre.
Even though the parsley massacre was clearly an act of genocide, history calls it a massacre. Before discussing the novel, explain in your words the definitions of “massacre” and “genocide”?
This is the time you should refer to the documentary and discuss why does the author mention genocides in history as far back as the Armenian genocide but do not mention the Parsley massacre. What are the factors that might contribute to its absence in history? This is the first part of your essay.
The second part is to discuss testimonies of survivors of the genocide.
In many ways,
The Farming of Bones
is also a meditation on survival. Each character in the novel—Amabelle, Sebastien, Father Romain, Man Denise, Man Rapadou, just to name a few—have different methods of survival. Can you discuss these? Are there any characters in particular that have survived with a better quality of life than others? What does it mean to survive?
How does the novel differ from the documentaries in terms of survival testimony? Why do you think the author chose to write a historical fiction novel versus a non-fiction novel like I am Malala or Persepolis?
Length: 1000-1200 words
Style: Times New Roman, Double-space, Size 12
please use the PowerPoint
.
Essay 1 What is the role of the millennial servant leader on Capito.docxLinaCovington707
Essay 1: What is the role of the millennial servant leader on Capitol Hill in the 21st century?
Essay 2: Identify the most pressing public policy issue affecting your community. If you were a Member of Congress, what measures would you take to address this issue? (I want the public policy issue to focus on the school to prison pipeline in Mississippi)
Responses should equal to a total of two pages for each essay which is four pages in total.
.
ESSAY #6Over the course of the quarter, you have learned to apply .docxLinaCovington707
ESSAY #6
Over the course of the quarter, you have learned to apply the sociological perspective to the world around you. How has taking a sociological perspective changed the way you view our social environment and/or society? In other words, how has the sociological imagination changed your view of things? Provide at least two examples to illustrate.
Your response should be about 500-750 words.
Essay 6 Rubric
Essay 6 Rubric
标准
等级
得分
此标准已链接至学习结果
Sociological Understanding
查看较长的说明
Paper demonstrates that student learned at least two key ideas/concepts/themes this quarter. Paper is reflective.
27.0
得分
Paper includes fewer than two examples of key themes that the student learned. Little reflection.
15.0
得分
No paper submitted
0.0
得分
27.0
分
此标准已链接至学习结果
Clarity and professionalism
查看较长的说明
Paper is well-written, free of typos and grammatical errors, and well-organized; it's clear that the student spent some time editing the paper
3.0
得分
Poorly written; many typos and mistakes; difficult to follow or understand; appears that little time was spent on crafting a professional essay
0.0
得分
3.0
分
总得分:
30.0
,满分 30.0
上一页
下一页
.
Errors
Keyboarding Errors
Capitlalization Errors
Abbreviation errors
Number Expression Errors
Scholarship Search
Subject Verb Agreement
Pronoun Problems
Sentence Construction
Comma Errors
Other punctuation errors
Format Errors: Letters and Memos
Format Errors: Report and job search documents
Editing for content, clarity and conciseness
.
Epidemiological ApplicationsDescribe how the concept of multifacto.docxLinaCovington707
Epidemiological Applications
Describe how the concept of multifactorial etiology relates to the natural history of disease and the different levels of prevention. How should the nurse incorporate these concepts into health promotion of clients in community settings? How should the nurse approach client risk in these health promotion activities?
Disease Outbreak
Select an infectious disease and research the CDC website for information about the disease, its natural history, presenting symptoms, and outbreak characteristics. Identify an occurrence of the disease by searching the Internet for recent reports of this disease, and compare that episode or occurrence with information from the CDC website. How closely did that outbreak resemble the case definition?
.
Epidemic, Endemic, and Pandemic Occurrence of Disease(s)One aspect.docxLinaCovington707
Epidemic, Endemic, and Pandemic Occurrence of Disease(s)
One aspect of epidemiology is the study of the epidemic, endemic, and pandemic occurrence of disease(s).
Some critics may argue diseases and conditions such as bird flu are endemic in many countries, and some may argue human immunodeficiency virus (HIV) or AIDS is a series of epidemics.
Using the South University Online Library or the Internet, research about the various epidemic, endemic, and pandemic occurrence of disease(s).
Based on your research and understanding, answer the following questions:
At what point does a disease become an epidemic, endemic, or pandemic? What are the parameters that define each of these states of a disease's effect?
Do you agree that bird flu, HIV, or AIDS could be described as a series of epidemics? Why or why not?
Should we study epidemiology and disease control as a complement to the provision of healthcare services? Why or why not?
Disease control has evolved since the discoveries and achievements of these epidemiological pioneers
—
Hippocrates, John Snow, Pasteur, and Koch. Explain the impact of at least one major historical contribution on the current status of epidemiological practices. How can history potentially shape and impact our future work in public health and clinical medicine? Explain.
.
ENVIRONMENTShould the US support initiatives that restrict carbo.docxLinaCovington707
ENVIRONMENT
Should the US support initiatives that restrict carbon emissions (or carbon pollution)?
1000 - 1200 words persuasive essay
Must include minimum of three sources with in-text citations
Microsoft word document in APA format including Title page, Reference page
.
ePortfolio Completion
Resources
Discussion Participation Scoring Guide
.
Throughout this course, we have addressed the following areas:
Helping relationships.
Human services theory and practice.
Theoretical models of practice.
The multidisciplinary approach.
Professional development goals.
Pick
one
of these areas to share with your peers. Your initial post in this discussion may be a draft of one portion of the assignment in this unit. Address why you chose this particular area and its significance to your work in the field.
.
eproduction and Animal BehaviorReproduction Explain why asexually.docxLinaCovington707
eproduction and Animal Behavior
Reproduction: Explain why asexually reproducing organisms are generally found in environments that do not change very much through time, while sexually reproducing organisms are very successful in environments that change dramatically through time.
Animal Behavior: How does an animal’s behavior aid survival and reproduction? Provide an example to illustrate your comments. In your response, be sure to include information from the reading to support your answer.
Copyright
.
Envisioning LeadershipIdentifying a challenge that evokes your pas.docxLinaCovington707
Envisioning Leadership
Identifying a challenge that evokes your passion, understanding its historical and contemporary contexts, and bringing together the community of people needed to respond to this challenge—these are essential steps that make change possible. What kind of person is needed to lead such efforts? What characteristics make an effective leader?
Throughout your program of study, you have been encouraged to think about leadership. You have met, via video and audio podcasts, many inspiring and committed leaders in the early childhood field. This week, the Learning Resources have encouraged you to delve even deeper into the characteristics of leaders.
For this Discussion, without hesitation, jot down at least 10 characteristics that come to mind when you think of a leader. Put your list aside, and review this week's Learning Resources on leadership.
Now, think about the early childhood field and the various situations that call for leaders to interact and work effectively with families, colleagues, organizations, government agencies, etc. Consider the thinking and characteristics that stood out for you from the readings you just reviewed. Then, identify four characteristics you believe to be the most essential for leaders in the early childhood field today.
By Wednesday, post
:
Your list of four leadership characteristics selected from this week's Learning Resources that you think are essential for leaders in the early childhood field today and why you think each is vital.
Three mind-opening realizations about leadership that struck you from the Learning Resources this week. (Be sure to tell the reason[s] these caught your attention, and cite your sources.)
.
EnvironmentOur environment is really important. We need to under.docxLinaCovington707
Environment
Our environment is really important. We need to understand it and then would we be able to look after it. To manage our natural environment responsibly, governments, industry and the community need detailed, trusted and timely environmental information.
Good information is essential to make sound decisions (individually and/or collectively) on issues affecting our environment.
View/review information in the below attached power point then answer questions that follows prompt!
Week 2 Env. Samp ppt(2).pptx
Questions
Give 2 definitions of “Environment”?
Give 4 reasons why we are so concern about the Environment?
Give 2 definitions of Pollution?
Give 5 effects of pollution on Human?
Give 5 effects of pollution on Animals
Give 5 effects of pollution on plants, fruits and vegetables?
Explain pollution effects on outer space? (what is the name of the effect)
Explain Urban Pollution?
Explain outer space pollution?
.
Environmental Awareness and Organizational Sustainability Please .docxLinaCovington707
"Environmental Awareness and Organizational Sustainability" Please respond to the following:
Use the Internet to research one (1) environmentally aware organization and its actions. Next, examine the selected organization’s relationship between sustainability, ethical decision making, and social responsibility. Provide one (1) example of this organization demonstrating environmental awareness.
Determine the major effects that an organization’s environmental awareness has on its sustainability. Recommend one (1) approach that HR can take to use an organization’s environmental awareness in order to attract and retain top talent.
.
EnterobacteriaceaeThe family Enterobacteriaceae contains some or.docxLinaCovington707
Enterobacteriaceae
The family Enterobacteriaceae contains some organisms living in the intestines without harming the host and some organisms that are harmful to the host.
Research Enterobacteriaceae.
Based on your research, respond to the following:
What is meant by the term "enteric pathogen"?
Why are anaerobic organisms generally not seen in a routine fecal specimen or culture?
What are the indole test, methyl red test, voges-proskauer test, and citrate test (IMViC) reactions? Describe in detail all four reactions (what media is used, important ingredients, what each reaction measures, and what positive and negative results mean).
Create a flowchart for the isolation and identification of specific enteric bacteria from fecal samples.
.
Ensuring your local region is prepared for any emergency is a comp.docxLinaCovington707
Ensuring your local region is prepared for any emergency is a complex task requiring the coordination and collaboration of multiple stakeholders. What are the greatest challenges to coordination and collaboration in your area? What needs to be done to overcome those challenges in order to facilitate improved multi-agency coordination and collaboration?
.
ENG 2480 Major Assignment #3Essay #2 CharacterAnaly.docxLinaCovington707
ENG
2480
Major Assignment #
3
Essay #2
:
Character
Analysis Essay
Paper Specifications:
2
Full Pages
, excluding Work
s
Cited page. Typed. Double Spaced.
One-inch
Margins.
12pt. Font
.
Times New Roman. Proper MLA
.
Submit
.doc,
.
docx
,
odt
.,
or .rtf Files Only
***Do not paste the essay into the assignment forum
text box
. Attach the document instead***
Due Date: Monday,
June
1
9
, 201
7
in Blackboard by
11
:
00
pm
Using the STEAL method or Foil Characters
concept
, a
nalyze how the author
constructs a
character.
Your analytical argument should focus on how
the author creates
the character
and how the author uses the character
to embody
the theme of the work.
Find one scholarly source to help support your essay’s thesis.
Choose
only one character
from the following list
as your main point of analysis
:
•
Oscar Wilde’s
The Importance of Being Earnest
:
o
Lady
Bracknell
o
Miss Prism
o
Cecily
•
Robert Louis Stevenson’s
The Strange Case of Dr. Jekyll and Mr. Hyde
:
o
Mr. Poole
o
Mr. Gabriel John
Utterson
o
Dr. Hastie Lanyon
Remember, always establish clear criteria during your argumentation. You need a clear thesis to guide the essay and argumentative topic sentences to guide each paragraph. You are essentially discussing
how
an author creates the personality of a fictional character and how
that
character helps develop the meaning and significance of a work
, so make sure you assert your interpretation.
Do not summarize!
Consider that your audience has read the work
and
has
been exposed to the key literary
te
rms, so you do not need to define them.
Do not evaluate!
Avoid judging how well the author
writes or how good or bad the poem is
. Analyze the importance of the
literary device and remain objective
.
***
Numerous essays exist about these works. Do not be tempted to plagiarize! Use close reading and your critical thinking skills to approach your selected topic
***
Grading Scale
Title Is Helpful, Informative, and Reflective
0 to
5
Points
Presentation and Strength of the Introduction, Body, and Conclusion.
0 to 10 Points
Clearly Stated Thesis.
Must Be Analytical and Reflect the Assignment.
0 to 10 Points
Focus: Staying on Topic. Always Developing and Sticking to the Thesis
and Assignment
.
0 to 10 Points
Every Paragraph Has an Argumentative Topic Sentence. Every Paragraph Has Support or Examples or Details Explaining the Topic Sentence.
0 to 10 Points
Flow: Transitions (not simply transitional words) and Logical Progressions or Movements Between Paragraphs and Sentences Connecting Their Different Ideas.
0 to 10 Points
Organization, Order, and Structure.
0 to 10 Points
Using and Developing a Logical and In-depth Approach to Claims.
Strong Analysis without Over-Summarization.
0 to 10 Points
Vivid Descriptions. “Show. Do Not Tell.” Substantial, In-depth Detail
and Textual / Visual Evidence
.
0 to 10 Points
Clear Language that Explains and Expresses Each Idea in an Und.
English EssayMLA format500 words or moreThis is Caue types of .docxLinaCovington707
English Essay
MLA format
500 words or more
This is Caue types of essay (Only the causes/ not the effect)
Do not cite anything from outside source
Topic: what are the causes of Divorce?
Download the File Below to see the Form of the Essay.
Due By 4/26/2017 11 pm
*** Important note: Do not use hard or complicated words. Simple essay with easy word. ***
.
Eng 2480 British Literature after 1790NameApplying Wilde .docxLinaCovington707
Eng
2480 British Literature after 1790
Name:
Applying Wilde to Wilde (100 points)
Instructions:
Discuss how Wilde applies the ideas of aestheticism and the arguments from
The Critic as Artist
to
The Importance of Being Earnest
. What notions of living to the fullest exist in the play? What notions of living intensely and passionately do the characters reinforce? How is the play (as a creative work) acting as a critical work, as well? What does the work critique?
This response should
be around 250 to 300 words,
not
including the quotes.
Always cite specifics from the texts
.
*NEED IT COMPLETED BY 8pm eastern
.
English 1C Critical Thinking Essay (6 - 6 12 pages, MLA 12pt font .docxLinaCovington707
English 1C: Critical Thinking Essay (6 - 6 1/2 pages, MLA 12pt font times new roman)
Due Date: (8/2/17)
Assignment: Consider one of the topics: I choose to propose my own topic. (received teacher's approval)
Requirements: Use 1-2 in class philosophical texts (I have them in the attachment) and 3-4 academic sources (requires research) to analyze, explore, and make connections to each other. Needs to have at least one quote in each body paragraph.
My proposed topic:
In class, my teacher he talks about a scenario where people from different cultures tend to have different views and values, but people who were raised in both cultures can have an internal conflict between their cultures, causing to choose one over the other, have a mix of both (as in a hybrid form of culture), or identify themselves to another culture that lies somewhere in between, or maybe even reject both cultures.
In Nietzsche's essay "On Truth and Lying in an Extra-Moral Sense", he says "for between two absolutely different spheres such as subject and object, there can be no expression, but as most an aesthetic stance, I mean an allusive transference, a stammering translation into a completely foreign medium. For this, however, in any case a freely fictionalizing and freely inventive middle sphere and middle faculty is necessary." In connection to people who have lived in two different cultures this inventive "middle ground” and “aesthetic stance” is essential for them to embrace their own set of values and beliefs.
For the research part of the essay, I wanted to explore people who have immigrated to another country from their own home country since a young age, for their development is heavily influenced by the struggles of living in multiple cultures. (I’m one of them myself). In sociology, Ruben Rumbaut was the first to coin the term “1.5 generation immigrant”, which means the people who have arrived in another country before their adolescence. Based on the age in which they immigrated, some of these immigrants might feel a stronger connection to a particular culture where some might feel they belong right in the middle, being unable to identify themselves to either of their ethnicities. (Just providing possible examples)
Optional (If there isn’t enough topics): Also for immigrants who might choose one culture over another. It can possibly relate to another philosophical text. In Plato’s “The Allegory of the Cave,” Aristotle argues that there are two mediums of knowledge that exists: the physical/sensory world(cave), where people(prisoners) are living happily in an illusion, and the intelligible world, where people can achieve a perfect form of knowledge through learning philosophy. For people, who have acquired the “perfect knowledge” of philosophy, when they go back to the sensory world, they will have a better and clearer perception of the world than those in the sensory world. They also have developed a responsibility of “quietly ruling” the people in the sensor.
ENGL 227World FictionEssay #2Write a 2-3 page essay (with work.docxLinaCovington707
ENGL 227
World Fiction
Essay #2
Write a 2-3 page essay (with works cited page) on one of the following topics:
1.
D.H. Lawrence “The Rocking Horse Winner”
·
Describe the relationship between mother and son in this story.
How is this relationship central to the story’s themes of luck,
money, and dysfunctional families?
2.
Shirley Jackson “The Lottery”
·
Describe the importance of tradition in the community depicted in this story. What does the author appear to be saying about its effects upon society?
3.
Franz Kafka “A Hunger Artist”
·
What is Kafka suggesting about the nature of the relationship between the artist and society?
Cite examples of the artist’s attitude toward his “art” and regulations as well as society’s changing attitude toward the artist.
4.
Clarice Lispector “The Smallest Woman in the World”
·
What does the story appear to be implying about the nature of human love?
Be sure to examine love as it is described in the narrator’s depiction of Little Flower as well as in her depiction of the various readers’ reactions to the story of Little Flower.
Relate this to the overall theme of the story.
5.
Jack London “To Build a Fire”
·
Examine the difference between actions based on knowledge and those based on instinct as depicted in the behaviors of the man and the dog.
What does London seem to be saying about the nature and the value of both approaches to navigating the world?
Relate this to Naturalism.
6.
Ernest Hemingway “Hills Like White Elephants”
·
Hemingway is famous for his “iceberg theory” of narrative in which sparse prose suggests deeper elements of character and theme.
What does the dialogue suggest about the two protagonists?
What is the attitude of each toward their predicament?
·
What will change, depending on how the predicament is resolved? How does each envision the possibility of a shared future? Be sure to support your interpretation with quotations and connect character with theme.
·
Examine how the story’s setting is related to character, theme, and action (conflict).
7.
Flannery O’Connor “A Good Man is Hard to Find”
·
Discuss O’Connor’s use of humor in this story.
What kind of tone is developed at the beginning of the story through humor?
How does the tone change as we move toward the story’s conclusion?
8.
Jorge Luis Borges “Emma Zunz”
·
Examine Emma’s attitude toward sexuality.
How does this attitude relate to the crime she commits?
Why does she decide to add a sexual component to her set-up of Loewenthal?
Consider the element of sacrifice.
9.
Raymond Carver “A Small, Good Thing”
·
Discuss the theme of communication in relationships in the story, including the Weisses, the baker, Doctor Francis, and Franklin’s family.
10.
Yukio Mishima “Patriotism”
While Takeyama waits for his wife to take a bath, he thinks, “Was it death he was now waiting for? Or wild ecstasy of the senses?
The two seemed to overlap, almost as if the object of his bodily desire was death itself.
ESSAY #4In contrast to thinking of poor people as deserving of bei.docxLinaCovington707
ESSAY #4
In contrast to thinking of poor people as deserving of being poor, use the sociological perspective to explain poverty
without
“blaming the victim.” In other words, what conditions in society create poverty? You should use the Newman book extensively to help you with this question.
Your response should be about 500 words.
Essay 4 Rubric
Essay 4 Rubric
标准
等级
得分
此标准已链接至学习结果
Clarity and professionalism
查看较长的说明
Paper is well-written, free of typos and grammatical errors, and well-organized; it's clear that the student spent some time editing the paper
3.0
得分
Poorly written; many typos and mistakes; difficult to follow or understand; appears that little time was spent on crafting a professional essay
0.0
得分
3.0
分
此标准已链接至学习结果
Sociological Understanding
查看较长的说明
Paper uses a sociological approach to explaining the causes of poverty. Paper pulls often from the Newman material. No 'victim blaming' in the paper.
27.0
得分
Paper is not sociological. Paper does not identify social structural causes of poverty. Paper contains elements of 'victim blaming,' or individual explanations for poverty.
15.0
得分
No paper submitted
0.0
得分
27.0
分
总得分:
30.0
,满分 30.0
上一页
下一页
.
Essay # 3 Instructions Representations of War and Genocide .docxLinaCovington707
Essay # 3 Instructions
Representations of War and Genocide
:
In 1000-1200 words, discuss the novel, Edwidge Danticat’s
Farming of the Bones
, represent genocide and massacre. Focus on why in history, The Parsley massacre is not called a genocide, rather a massacre.
Even though the parsley massacre was clearly an act of genocide, history calls it a massacre. Before discussing the novel, explain in your words the definitions of “massacre” and “genocide”?
This is the time you should refer to the documentary and discuss why does the author mention genocides in history as far back as the Armenian genocide but do not mention the Parsley massacre. What are the factors that might contribute to its absence in history? This is the first part of your essay.
The second part is to discuss testimonies of survivors of the genocide.
In many ways,
The Farming of Bones
is also a meditation on survival. Each character in the novel—Amabelle, Sebastien, Father Romain, Man Denise, Man Rapadou, just to name a few—have different methods of survival. Can you discuss these? Are there any characters in particular that have survived with a better quality of life than others? What does it mean to survive?
How does the novel differ from the documentaries in terms of survival testimony? Why do you think the author chose to write a historical fiction novel versus a non-fiction novel like I am Malala or Persepolis?
Length: 1000-1200 words
Style: Times New Roman, Double-space, Size 12
please use the PowerPoint
.
Essay 1 What is the role of the millennial servant leader on Capito.docxLinaCovington707
Essay 1: What is the role of the millennial servant leader on Capitol Hill in the 21st century?
Essay 2: Identify the most pressing public policy issue affecting your community. If you were a Member of Congress, what measures would you take to address this issue? (I want the public policy issue to focus on the school to prison pipeline in Mississippi)
Responses should equal to a total of two pages for each essay which is four pages in total.
.
ESSAY #6Over the course of the quarter, you have learned to apply .docxLinaCovington707
ESSAY #6
Over the course of the quarter, you have learned to apply the sociological perspective to the world around you. How has taking a sociological perspective changed the way you view our social environment and/or society? In other words, how has the sociological imagination changed your view of things? Provide at least two examples to illustrate.
Your response should be about 500-750 words.
Essay 6 Rubric
Essay 6 Rubric
标准
等级
得分
此标准已链接至学习结果
Sociological Understanding
查看较长的说明
Paper demonstrates that student learned at least two key ideas/concepts/themes this quarter. Paper is reflective.
27.0
得分
Paper includes fewer than two examples of key themes that the student learned. Little reflection.
15.0
得分
No paper submitted
0.0
得分
27.0
分
此标准已链接至学习结果
Clarity and professionalism
查看较长的说明
Paper is well-written, free of typos and grammatical errors, and well-organized; it's clear that the student spent some time editing the paper
3.0
得分
Poorly written; many typos and mistakes; difficult to follow or understand; appears that little time was spent on crafting a professional essay
0.0
得分
3.0
分
总得分:
30.0
,满分 30.0
上一页
下一页
.
Errors
Keyboarding Errors
Capitlalization Errors
Abbreviation errors
Number Expression Errors
Scholarship Search
Subject Verb Agreement
Pronoun Problems
Sentence Construction
Comma Errors
Other punctuation errors
Format Errors: Letters and Memos
Format Errors: Report and job search documents
Editing for content, clarity and conciseness
.
Epidemiological ApplicationsDescribe how the concept of multifacto.docxLinaCovington707
Epidemiological Applications
Describe how the concept of multifactorial etiology relates to the natural history of disease and the different levels of prevention. How should the nurse incorporate these concepts into health promotion of clients in community settings? How should the nurse approach client risk in these health promotion activities?
Disease Outbreak
Select an infectious disease and research the CDC website for information about the disease, its natural history, presenting symptoms, and outbreak characteristics. Identify an occurrence of the disease by searching the Internet for recent reports of this disease, and compare that episode or occurrence with information from the CDC website. How closely did that outbreak resemble the case definition?
.
Epidemic, Endemic, and Pandemic Occurrence of Disease(s)One aspect.docxLinaCovington707
Epidemic, Endemic, and Pandemic Occurrence of Disease(s)
One aspect of epidemiology is the study of the epidemic, endemic, and pandemic occurrence of disease(s).
Some critics may argue diseases and conditions such as bird flu are endemic in many countries, and some may argue human immunodeficiency virus (HIV) or AIDS is a series of epidemics.
Using the South University Online Library or the Internet, research about the various epidemic, endemic, and pandemic occurrence of disease(s).
Based on your research and understanding, answer the following questions:
At what point does a disease become an epidemic, endemic, or pandemic? What are the parameters that define each of these states of a disease's effect?
Do you agree that bird flu, HIV, or AIDS could be described as a series of epidemics? Why or why not?
Should we study epidemiology and disease control as a complement to the provision of healthcare services? Why or why not?
Disease control has evolved since the discoveries and achievements of these epidemiological pioneers
—
Hippocrates, John Snow, Pasteur, and Koch. Explain the impact of at least one major historical contribution on the current status of epidemiological practices. How can history potentially shape and impact our future work in public health and clinical medicine? Explain.
.
ENVIRONMENTShould the US support initiatives that restrict carbo.docxLinaCovington707
ENVIRONMENT
Should the US support initiatives that restrict carbon emissions (or carbon pollution)?
1000 - 1200 words persuasive essay
Must include minimum of three sources with in-text citations
Microsoft word document in APA format including Title page, Reference page
.
ePortfolio Completion
Resources
Discussion Participation Scoring Guide
.
Throughout this course, we have addressed the following areas:
Helping relationships.
Human services theory and practice.
Theoretical models of practice.
The multidisciplinary approach.
Professional development goals.
Pick
one
of these areas to share with your peers. Your initial post in this discussion may be a draft of one portion of the assignment in this unit. Address why you chose this particular area and its significance to your work in the field.
.
eproduction and Animal BehaviorReproduction Explain why asexually.docxLinaCovington707
eproduction and Animal Behavior
Reproduction: Explain why asexually reproducing organisms are generally found in environments that do not change very much through time, while sexually reproducing organisms are very successful in environments that change dramatically through time.
Animal Behavior: How does an animal’s behavior aid survival and reproduction? Provide an example to illustrate your comments. In your response, be sure to include information from the reading to support your answer.
Copyright
.
Envisioning LeadershipIdentifying a challenge that evokes your pas.docxLinaCovington707
Envisioning Leadership
Identifying a challenge that evokes your passion, understanding its historical and contemporary contexts, and bringing together the community of people needed to respond to this challenge—these are essential steps that make change possible. What kind of person is needed to lead such efforts? What characteristics make an effective leader?
Throughout your program of study, you have been encouraged to think about leadership. You have met, via video and audio podcasts, many inspiring and committed leaders in the early childhood field. This week, the Learning Resources have encouraged you to delve even deeper into the characteristics of leaders.
For this Discussion, without hesitation, jot down at least 10 characteristics that come to mind when you think of a leader. Put your list aside, and review this week's Learning Resources on leadership.
Now, think about the early childhood field and the various situations that call for leaders to interact and work effectively with families, colleagues, organizations, government agencies, etc. Consider the thinking and characteristics that stood out for you from the readings you just reviewed. Then, identify four characteristics you believe to be the most essential for leaders in the early childhood field today.
By Wednesday, post
:
Your list of four leadership characteristics selected from this week's Learning Resources that you think are essential for leaders in the early childhood field today and why you think each is vital.
Three mind-opening realizations about leadership that struck you from the Learning Resources this week. (Be sure to tell the reason[s] these caught your attention, and cite your sources.)
.
EnvironmentOur environment is really important. We need to under.docxLinaCovington707
Environment
Our environment is really important. We need to understand it and then would we be able to look after it. To manage our natural environment responsibly, governments, industry and the community need detailed, trusted and timely environmental information.
Good information is essential to make sound decisions (individually and/or collectively) on issues affecting our environment.
View/review information in the below attached power point then answer questions that follows prompt!
Week 2 Env. Samp ppt(2).pptx
Questions
Give 2 definitions of “Environment”?
Give 4 reasons why we are so concern about the Environment?
Give 2 definitions of Pollution?
Give 5 effects of pollution on Human?
Give 5 effects of pollution on Animals
Give 5 effects of pollution on plants, fruits and vegetables?
Explain pollution effects on outer space? (what is the name of the effect)
Explain Urban Pollution?
Explain outer space pollution?
.
Environmental Awareness and Organizational Sustainability Please .docxLinaCovington707
"Environmental Awareness and Organizational Sustainability" Please respond to the following:
Use the Internet to research one (1) environmentally aware organization and its actions. Next, examine the selected organization’s relationship between sustainability, ethical decision making, and social responsibility. Provide one (1) example of this organization demonstrating environmental awareness.
Determine the major effects that an organization’s environmental awareness has on its sustainability. Recommend one (1) approach that HR can take to use an organization’s environmental awareness in order to attract and retain top talent.
.
EnterobacteriaceaeThe family Enterobacteriaceae contains some or.docxLinaCovington707
Enterobacteriaceae
The family Enterobacteriaceae contains some organisms living in the intestines without harming the host and some organisms that are harmful to the host.
Research Enterobacteriaceae.
Based on your research, respond to the following:
What is meant by the term "enteric pathogen"?
Why are anaerobic organisms generally not seen in a routine fecal specimen or culture?
What are the indole test, methyl red test, voges-proskauer test, and citrate test (IMViC) reactions? Describe in detail all four reactions (what media is used, important ingredients, what each reaction measures, and what positive and negative results mean).
Create a flowchart for the isolation and identification of specific enteric bacteria from fecal samples.
.
Ensuring your local region is prepared for any emergency is a comp.docxLinaCovington707
Ensuring your local region is prepared for any emergency is a complex task requiring the coordination and collaboration of multiple stakeholders. What are the greatest challenges to coordination and collaboration in your area? What needs to be done to overcome those challenges in order to facilitate improved multi-agency coordination and collaboration?
.
ENG 2480 Major Assignment #3Essay #2 CharacterAnaly.docxLinaCovington707
ENG
2480
Major Assignment #
3
Essay #2
:
Character
Analysis Essay
Paper Specifications:
2
Full Pages
, excluding Work
s
Cited page. Typed. Double Spaced.
One-inch
Margins.
12pt. Font
.
Times New Roman. Proper MLA
.
Submit
.doc,
.
docx
,
odt
.,
or .rtf Files Only
***Do not paste the essay into the assignment forum
text box
. Attach the document instead***
Due Date: Monday,
June
1
9
, 201
7
in Blackboard by
11
:
00
pm
Using the STEAL method or Foil Characters
concept
, a
nalyze how the author
constructs a
character.
Your analytical argument should focus on how
the author creates
the character
and how the author uses the character
to embody
the theme of the work.
Find one scholarly source to help support your essay’s thesis.
Choose
only one character
from the following list
as your main point of analysis
:
•
Oscar Wilde’s
The Importance of Being Earnest
:
o
Lady
Bracknell
o
Miss Prism
o
Cecily
•
Robert Louis Stevenson’s
The Strange Case of Dr. Jekyll and Mr. Hyde
:
o
Mr. Poole
o
Mr. Gabriel John
Utterson
o
Dr. Hastie Lanyon
Remember, always establish clear criteria during your argumentation. You need a clear thesis to guide the essay and argumentative topic sentences to guide each paragraph. You are essentially discussing
how
an author creates the personality of a fictional character and how
that
character helps develop the meaning and significance of a work
, so make sure you assert your interpretation.
Do not summarize!
Consider that your audience has read the work
and
has
been exposed to the key literary
te
rms, so you do not need to define them.
Do not evaluate!
Avoid judging how well the author
writes or how good or bad the poem is
. Analyze the importance of the
literary device and remain objective
.
***
Numerous essays exist about these works. Do not be tempted to plagiarize! Use close reading and your critical thinking skills to approach your selected topic
***
Grading Scale
Title Is Helpful, Informative, and Reflective
0 to
5
Points
Presentation and Strength of the Introduction, Body, and Conclusion.
0 to 10 Points
Clearly Stated Thesis.
Must Be Analytical and Reflect the Assignment.
0 to 10 Points
Focus: Staying on Topic. Always Developing and Sticking to the Thesis
and Assignment
.
0 to 10 Points
Every Paragraph Has an Argumentative Topic Sentence. Every Paragraph Has Support or Examples or Details Explaining the Topic Sentence.
0 to 10 Points
Flow: Transitions (not simply transitional words) and Logical Progressions or Movements Between Paragraphs and Sentences Connecting Their Different Ideas.
0 to 10 Points
Organization, Order, and Structure.
0 to 10 Points
Using and Developing a Logical and In-depth Approach to Claims.
Strong Analysis without Over-Summarization.
0 to 10 Points
Vivid Descriptions. “Show. Do Not Tell.” Substantial, In-depth Detail
and Textual / Visual Evidence
.
0 to 10 Points
Clear Language that Explains and Expresses Each Idea in an Und.
English EssayMLA format500 words or moreThis is Caue types of .docxLinaCovington707
English Essay
MLA format
500 words or more
This is Caue types of essay (Only the causes/ not the effect)
Do not cite anything from outside source
Topic: what are the causes of Divorce?
Download the File Below to see the Form of the Essay.
Due By 4/26/2017 11 pm
*** Important note: Do not use hard or complicated words. Simple essay with easy word. ***
.
Eng 2480 British Literature after 1790NameApplying Wilde .docxLinaCovington707
Eng
2480 British Literature after 1790
Name:
Applying Wilde to Wilde (100 points)
Instructions:
Discuss how Wilde applies the ideas of aestheticism and the arguments from
The Critic as Artist
to
The Importance of Being Earnest
. What notions of living to the fullest exist in the play? What notions of living intensely and passionately do the characters reinforce? How is the play (as a creative work) acting as a critical work, as well? What does the work critique?
This response should
be around 250 to 300 words,
not
including the quotes.
Always cite specifics from the texts
.
*NEED IT COMPLETED BY 8pm eastern
.
English 1C Critical Thinking Essay (6 - 6 12 pages, MLA 12pt font .docxLinaCovington707
English 1C: Critical Thinking Essay (6 - 6 1/2 pages, MLA 12pt font times new roman)
Due Date: (8/2/17)
Assignment: Consider one of the topics: I choose to propose my own topic. (received teacher's approval)
Requirements: Use 1-2 in class philosophical texts (I have them in the attachment) and 3-4 academic sources (requires research) to analyze, explore, and make connections to each other. Needs to have at least one quote in each body paragraph.
My proposed topic:
In class, my teacher he talks about a scenario where people from different cultures tend to have different views and values, but people who were raised in both cultures can have an internal conflict between their cultures, causing to choose one over the other, have a mix of both (as in a hybrid form of culture), or identify themselves to another culture that lies somewhere in between, or maybe even reject both cultures.
In Nietzsche's essay "On Truth and Lying in an Extra-Moral Sense", he says "for between two absolutely different spheres such as subject and object, there can be no expression, but as most an aesthetic stance, I mean an allusive transference, a stammering translation into a completely foreign medium. For this, however, in any case a freely fictionalizing and freely inventive middle sphere and middle faculty is necessary." In connection to people who have lived in two different cultures this inventive "middle ground” and “aesthetic stance” is essential for them to embrace their own set of values and beliefs.
For the research part of the essay, I wanted to explore people who have immigrated to another country from their own home country since a young age, for their development is heavily influenced by the struggles of living in multiple cultures. (I’m one of them myself). In sociology, Ruben Rumbaut was the first to coin the term “1.5 generation immigrant”, which means the people who have arrived in another country before their adolescence. Based on the age in which they immigrated, some of these immigrants might feel a stronger connection to a particular culture where some might feel they belong right in the middle, being unable to identify themselves to either of their ethnicities. (Just providing possible examples)
Optional (If there isn’t enough topics): Also for immigrants who might choose one culture over another. It can possibly relate to another philosophical text. In Plato’s “The Allegory of the Cave,” Aristotle argues that there are two mediums of knowledge that exists: the physical/sensory world(cave), where people(prisoners) are living happily in an illusion, and the intelligible world, where people can achieve a perfect form of knowledge through learning philosophy. For people, who have acquired the “perfect knowledge” of philosophy, when they go back to the sensory world, they will have a better and clearer perception of the world than those in the sensory world. They also have developed a responsibility of “quietly ruling” the people in the sensor.
ENGL 227World FictionEssay #2Write a 2-3 page essay (with work.docxLinaCovington707
ENGL 227
World Fiction
Essay #2
Write a 2-3 page essay (with works cited page) on one of the following topics:
1.
D.H. Lawrence “The Rocking Horse Winner”
·
Describe the relationship between mother and son in this story.
How is this relationship central to the story’s themes of luck,
money, and dysfunctional families?
2.
Shirley Jackson “The Lottery”
·
Describe the importance of tradition in the community depicted in this story. What does the author appear to be saying about its effects upon society?
3.
Franz Kafka “A Hunger Artist”
·
What is Kafka suggesting about the nature of the relationship between the artist and society?
Cite examples of the artist’s attitude toward his “art” and regulations as well as society’s changing attitude toward the artist.
4.
Clarice Lispector “The Smallest Woman in the World”
·
What does the story appear to be implying about the nature of human love?
Be sure to examine love as it is described in the narrator’s depiction of Little Flower as well as in her depiction of the various readers’ reactions to the story of Little Flower.
Relate this to the overall theme of the story.
5.
Jack London “To Build a Fire”
·
Examine the difference between actions based on knowledge and those based on instinct as depicted in the behaviors of the man and the dog.
What does London seem to be saying about the nature and the value of both approaches to navigating the world?
Relate this to Naturalism.
6.
Ernest Hemingway “Hills Like White Elephants”
·
Hemingway is famous for his “iceberg theory” of narrative in which sparse prose suggests deeper elements of character and theme.
What does the dialogue suggest about the two protagonists?
What is the attitude of each toward their predicament?
·
What will change, depending on how the predicament is resolved? How does each envision the possibility of a shared future? Be sure to support your interpretation with quotations and connect character with theme.
·
Examine how the story’s setting is related to character, theme, and action (conflict).
7.
Flannery O’Connor “A Good Man is Hard to Find”
·
Discuss O’Connor’s use of humor in this story.
What kind of tone is developed at the beginning of the story through humor?
How does the tone change as we move toward the story’s conclusion?
8.
Jorge Luis Borges “Emma Zunz”
·
Examine Emma’s attitude toward sexuality.
How does this attitude relate to the crime she commits?
Why does she decide to add a sexual component to her set-up of Loewenthal?
Consider the element of sacrifice.
9.
Raymond Carver “A Small, Good Thing”
·
Discuss the theme of communication in relationships in the story, including the Weisses, the baker, Doctor Francis, and Franklin’s family.
10.
Yukio Mishima “Patriotism”
While Takeyama waits for his wife to take a bath, he thinks, “Was it death he was now waiting for? Or wild ecstasy of the senses?
The two seemed to overlap, almost as if the object of his bodily desire was death itself.
🔥🔥🔥🔥🔥🔥🔥🔥🔥
إضغ بين إيديكم من أقوى الملازم التي صممتها
ملزمة تشريح الجهاز الهيكلي (نظري 3)
💀💀💀💀💀💀💀💀💀💀
تتميز هذهِ الملزمة بعِدة مُميزات :
1- مُترجمة ترجمة تُناسب جميع المستويات
2- تحتوي على 78 رسم توضيحي لكل كلمة موجودة بالملزمة (لكل كلمة !!!!)
#فهم_ماكو_درخ
3- دقة الكتابة والصور عالية جداً جداً جداً
4- هُنالك بعض المعلومات تم توضيحها بشكل تفصيلي جداً (تُعتبر لدى الطالب أو الطالبة بإنها معلومات مُبهمة ومع ذلك تم توضيح هذهِ المعلومات المُبهمة بشكل تفصيلي جداً
5- الملزمة تشرح نفسها ب نفسها بس تكلك تعال اقراني
6- تحتوي الملزمة في اول سلايد على خارطة تتضمن جميع تفرُعات معلومات الجهاز الهيكلي المذكورة في هذهِ الملزمة
واخيراً هذهِ الملزمة حلالٌ عليكم وإتمنى منكم إن تدعولي بالخير والصحة والعافية فقط
كل التوفيق زملائي وزميلاتي ، زميلكم محمد الذهبي 💊💊
🔥🔥🔥🔥🔥🔥🔥🔥🔥
Elevate Your Nonprofit's Online Presence_ A Guide to Effective SEO Strategies...TechSoup
Whether you're new to SEO or looking to refine your existing strategies, this webinar will provide you with actionable insights and practical tips to elevate your nonprofit's online presence.
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Diana L. Garcia, Plaintiff, vs. Salt River Project Agricultura
1. Diana L. Garcia, Plaintiff, vs. Salt River Project Agricultural
Improvement and
Power District; International Brotherhood of Electrical Workers
Local Union 266,
John Does I-V and Jane Does I-V; Black Corporations I-III and
White Partnerships
I-III, Defendants.
No. CV-05-1279-PHX-ROS
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF
ARIZONA
618 F. Supp. 2d 1092; 2007 U.S. Dist. LEXIS 98440
September 30, 2007, Decided
PRIOR HISTORY: Garcia v. Salt River Project Agric.
Improvement & Power Dist., 2006 U.S. Dist. LEXIS
54871 (D. Ariz., Aug. 4, 2006)
COUNSEL: [**1] For Diana L Garcia, a single woman,
Plaintiff: Angela Marie Wilson-Goodman, LEAD
ATTORNEY, Wilson-Goodman & Fong PC, Gilbert,
AZ.
For Salt River Project Agricultural Improvement and
Power District, a political subdivision of the State of
Arizona, Defendant: John James Egbert, LEAD
ATTORNEY, Jennings Strouss & Salmon PLC, Collier
Ctr, Phoenix, AZ.
2. For Local 266 International Brotherhood of Electrical
Workers, Defendant. Stanley Lubin, LEAD
ATTORNEY, Lubin & Enoch PC, Phoenix, AZ
JUDGES: Roslyn O. Silver, United States District Judge.
OPINION BY: Roslyn O. Silver
OPINION
[*1094] ORDER
Pending are various defense motions. The Court will
deny SRP's motions to strike, will grant in part and deny
in part SRP's Motion for Summary Judgment, and will
grant the Union's Motion for Summary Judgment.
BACKGROUND
The following facts are not disputed. In 1987, the
Plaintiff, Diana L. Garcia (a hispanic woman), was hired
by Salt River Project Agricultural Improvement and
Power District ("SRP") (SRP SOF P 1). Plaintiff held
various positions with SRP until she became a
Tradeshelper in 1994 (SRP SOF P 2). Later, in 1999, she
was promoted to the position of Equipment Operator II, a
position in which Plaintiff operated mobile cranes (SRP
SOF P 3). On April 27, 2004, while Plaintiff was
operating a crane to replace a transformer in a mobile
park, the crane tipped over and [*1095] crashed [**2]
into two mobile homes (SRP SOF P 5).
An SRP investigation determined that the crane
accident was preventable. The mobile crane had four
3. stabilizing legs called "outriggers" on the corners of the
bed of the truck that can be extended out six feet from the
truck (SRP SOF P 16). Plaintiff was trained that by fully
extending the outriggers the stability of the crane is
maximized and to use larger pads on the outriggers
whenever the ground was questionable in any way (SRP
SOF P 16, 18). 1 Plaintiff also understood that, as the
Equipment Operator, she had full authority not to go
Page 1
forward with a lift that she felt was unsafe or improper
and that she had full authority to tell her supervisor that
the lift was unsafe and should not proceed (SRP SOF P
24-25).
1 The operator's manual for the crane, which
Plaintiff was expected to read and follow, also
instructs that "[t]he outriggers shall be fully
extended . . . before operating the boom" and that
"[i]t may be necessary to provide additional
support under the outrigger floats to spread the
load over a larger bearing surface" (SRP SOF P
22, 26).
When Mike Kirby (a white male), foreman of the
crew on which Plaintiff was working on April 27th,
directed [**3] the set up of the crane in preparation to
replace the transformer the two front outriggers were not
fully extended (PSOF P 1-2; SRP SOF P 38). Plaintiff
was in agreement with the way the crane was set up (SRP
SOF P 40). Further, while three of the outriggers were
placed on asphalt or concrete, the right rear outrigger was
placed on dirt (SRP SOF P 39). The larger pad was not
4. used to increase the stability of the right rear outrigger
placed on the dirt (SRP SOF P 57). When Plaintiff began
lowering the transformer to its destination, the right rear
outrigger sunk into the ground and the crane crashed into
the mobile homes (PSOF P 20). An SRP investigation
revealed that the cause of the accident was failure to
properly extend the outriggers and set them on solid
footing (PSOF P 25).
Representatives from the International Brotherhood
of Electrical Workers Local Union 266 ("Union") were
present during much of the investigatory process.
Following the accident, SRP interviewed all the
employees who witnesses the accident, including Plaintiff
(Union's SOF P 4). A Union representative was present
during these interviews (Union's SOF P 4). A Union
representative also talked with Plaintiff and [**4] took
photos of the crane after the accident (Union's SOF P 6).
At an SRP interview at which a Union representative was
present, Plaintiff stated: "I take full responsibility for the
operation of that vehicle" (Union's SOF P 8). However,
Plaintiff later clarified that she accepted responsibility for
the operation of the crane, not the entire accident (SRP
SOF P 74). A Union representative also consulted other
crane operators who advised the Union that the crane was
not set up properly (Union's SOF P 9).
After SRP reviewed the causes of the crane accident
and Plaintiff's history of prior accidents, it initially
decided to terminate Plaintiff's employment as a result of
the crane accident (SRP SOF P 71). SRP considered in
making its decision that, prior to this accident, Plaintiff
was involved in three other accidents which SRP had
previously determined to be preventable: she backed an
SRP truck into a building at a car dealership in 1998 and
5. she ran into a card reader for a gated entrance to an SRP
facility in both 2000 and 2001 (SRP SOF P 7, 66). After
the 2001 accident, Plaintiff was formally disciplined and
warned that any further accidents could result in further
discipline, including [**5] discharge (SRP SOF P 66).
Plaintiff presented evidence that fourteen [*1096] other
males with a total of 64 SRP Safety Code violations were
never discharged for their behavior (PSOF P 31).
At the urging of the Union on Plaintiff's behalf and
with the Union's consent, SRP agreed to allow Plaintiff to
choose demotion to her prior position of Tradeshelper in
lieu of termination (SRP SOF P 72). Under the terms of
the demotion option, Plaintiff could have later become
eligible to bid back up to higher-rated positions,
including that of an Equipment Operator, as long as she
did not operate a crane (Union's SOF P 14). The Union
determined that the demotion offer was the best that it
could do to minimize the disciplinary action (Union's
SOF P 12). The foreman, Mr. Kirby, received a written
reminder as discipline for his part in the accident, in
which he was placed on probation for 18 months (PSOF
P 30).
Plaintiff rejected the demotion option and her
employment with SRP was terminated on May 3, 2004
(SRP SOF P 9-10). After Plaintiff was discharged, the
Union filed a formal grievance on May 4, 2004, but later
withdrew it because the Union did not feel the grievance
had merit (Union's SOF P 17). Plaintiff [**6] filed her
charge of discrimination with the EEOC on August 9,
2004 (SRP SOF P 84). Subsequently, on December 13,
2004, Plaintiff filed suit against SRP alleging
discrimination and hostile work environment. Plaintiff
alleges that she was subject to a hostile work
environment because of her gender, race, and national
6. origin from the time she began working with SRP in
1987 until October 2003. (See PSOF P 34-45; SRP SOF
P 76-77). Plaintiff also brought suit against the Union
alleging breach of the duty of fair representation and
breach of contract.
ANALYSIS
Page 2
618 F. Supp. 2d 1092, *1095; 2007 U.S. Dist. LEXIS 98440,
**2
I. Jurisdiction
Plaintiff has brought this suit pursuant to Title VII of
the Civil Rights Act of 1964. The Court has federal
question jurisdiction. 28 U.S.C. § 1331. And the Court
has jurisdiction over Plaintiff's state law claims pursuant
to the supplemental jurisdiction statute. 28 U.S.C. § 1367.
II. Motions to Strike
SRP moves to strike "evidence that 14 males with 64
total violations of Defendant SRP's Safety Code were
never discharged for their behavior," which was included
in Plaintiff's Statement of Facts. SRP also moves to strike
Plaintiff's thirteenth supplemental disclosure statement
which discloses this information. 2 SRP seeks [**7] to
strike this evidence because these 14 males were not
identified before the discovery deadline in response to an
SRP interrogatory which requested Plaintiff to "[i]dentify
all SRP employees whom you claim were similarly
situated to you, but were treated more favorably by SRP."
(Doc. 162, Ex. A.)
7. 2 SRP's motions to strike are more properly
characterized as an objection to the use of
evidence. See Fed. R. Civ. P. 37(c)(1).
However, in Plaintiff's Response to SRP's Motion for
Summary Judgment, she does not argue that these 14
males are similarly situated. Rather, Plaintiff uses this
evidence to argue that her firing was a pretext for
discrimination. (See P's Resp. to MSJ at 12-13.) The
Court will not consider the evidence of the 14 males
when deciding whether similarly situated persons outside
the protected class were treated more favorably than
Plaintiff. 3 [*1097] Consequently, the Court will deny
SRP's motions to strike.
3 Likewise, if Plaintiff was trying to introduce
the evidence of the 14 males to show that
similarly situated persons outside the protected
class were treated more favorably than herself, the
Court will not consider the evidence because this
information was not supplemented before [**8]
the end of the discovery deadline. See Fed. R.
Civ. P. 37(c)(1). Plaintiff's failure to supplement
her interrogatory response would not be harmless.
III. Summary Judgment Standard
A court must grant summary judgment if the
pleadings and supporting documents, viewed in the light
most favorable to the non-moving party, "show that there
is no genuine issue as to any material fact and that the
moving party is entitled to a judgment as a matter of
law." Fed. R. Civ. P. 56(c); see Celotex Corp. v. Catrett,
477 U.S. 317, 322-23, 106 S. Ct. 2548, 91 L. Ed. 2d 265
8. (1986). Substantive law determines which facts are
material, and "[o]nly disputes over facts that might affect
the outcome of the suit under the governing law will
properly preclude the entry of summary judgment."
Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106
S. Ct. 2505, 91 L. Ed. 2d 202 (1986). In addition, the
dispute must be genuine, that is, "the evidence is such
that a reasonable jury could return a verdict for the
nonmoving party." Anderson, 477 U.S. at 248.
Furthermore, the party opposing summary judgment
"may not rest upon the mere allegations or denials of [the
party's] pleading, but . . . must set forth specific facts
showing that there is a genuine issue for trial." Fed. R.
Civ. P. 56(e); [**9] see Matsushita Elec. Indus. Co., Ltd.
v. Zenith Radio Corp., 475 U.S. 574, 586-87, 106 S. Ct.
1348, 89 L. Ed. 2d 538 (1986). There is no issue for trial
unless there is sufficient evidence favoring the
non-moving party; "[i]f the evidence is merely colorable,
or is not significantly probative, summary judgment may
be granted." Anderson, 477 U.S. at 249-50 (citations
omitted). However, "[c]redibility determinations, the
weighing of the evidence, and the drawing of legitimate
inferences from the facts are jury functions, not those of a
judge." Id. at 255. Therefore, "[t]he evidence of the
non-movant is to be believed, and all justifiable
inferences are to be drawn in [its] favor" at the summary
judgment stage. Id. Finally, Rule 56(e) contemplates the
result of a party's failure to respond adequately to a
motion for summary judgment. If the non-moving party
does not respond by setting forth specific facts showing
there is a genuine issue for trial, "summary judgment, if
appropriate, shall be entered against the [non-moving]
party." Fed. R. Civ. P. 56(e).
III. Disparate Treatment Claim Against SRP
9. Plaintiff alleges that SRP targeted Plaintiff for more
severe punishment due to her gender, race, and national
origin. Specifically, [**10] Plaintiff argues that she
received disparate treatment because she was subjected to
greater punishment than Mr. Kirby.
The proper legal framework for determining whether
Plaintiff's disparate treatment claim should survive
Page 3
618 F. Supp. 2d 1092, *1096; 2007 U.S. Dist. LEXIS 98440,
**6
summary judgment is the burden shifting scheme:
Plaintiff must establish a prima facie case of
discrimination; if Plaintiff succeeds in establishing a
prima facie case, the burden of production shifts to SRP
to articulate a legitimate, nondiscriminatory reason for
terminating Plaintiff's employment; and if SRP does so,
Plaintiff must demonstrate that SRP's articulated reason is
a pretext for unlawful discrimination by "either directly
persuading the court that a discriminatory reason more
likely motivated the employer or indirectly by showing
that the [*1098] employer's proffered explanation is
unworthy of credence." Aragon v. Republic Silver State
Disposal Inc., 292 F.3d 654, 658-659 (9th Cir. 2002)
(citations and internal quotations omitted).
To establish a prima facie case for her claim,
Plaintiff must show that (1) she belongs to a protected
class, (2) she was qualified for the position, (3) she was
subject to an adverse employment action, and (4)
similarly situated persons [**11] outside the protected
10. class were treated more favorably. Aragon, 292 F.3d at
658. Here, the first three elements are clearly met.
However, Plaintiff cannot establish a prima facie claim of
disparate treatment because Mr. Kirby was not similarly
situated.
"In order to show that the 'employees' allegedly
receiving more favorable treatment are similarly situated .
. ., the individuals seeking relief must demonstrate, at the
least, that they are similarly situated to those employees
in all material respects." Moran v. Selig, 447 F.3d 748,
755 (9th Cir. 2006). For example, in Moran, the
plaintiffs, Major League Baseball ("MLB") players who
had played less than the number of years required to vest
certain benefits, argued that they were similarly situated
to former Negro League players who had also played less
than the required number of years, but who received the
benefits. Id. Although the court noted that there were
some similarities, it found that the plaintiffs were not
similarly situated in all material respects because they
were "never prevented from playing for a MLB team, and
thus unable to acquire the necessary longevity." Id.
Moreover, the plaintiffs never played in the Negro
Leagues, [**12] a primary requirement for eligibility
under the Negro League Plans. Id.
Like the plaintiffs in Moran, Plaintiff is not similarly
situated in all material respects to Mr. Kirby. A major
consideration in SRP's decision to terminate Plaintiff's
employment was her history of preventable accidents.
Prior to the crane accident, Plaintiff was formally
disciplined and expressly warned that any further
accidents could result in termination. Plaintiff has
presented no evidence of prior safety violations or
preventable accidents for Mr. Kirby. Further, Plaintiff
11. and Mr. Kirby had different responsibilities. Mr. Kirby as
foreman had overall responsibility for the safe
completion of the job and to oversee the work of all the
members of the crew. Plaintiff's responsibility was
limited to the operation of the crane. While the parties
contest whether Plaintiff was more responsible for the
accident than Mr. Kirby, Plaintiff has presented no
evidence about whether SRP has ever disciplined a
foreman with general responsibility more or less than an
employee with specific responsibility. Accordingly, the
Court will grant summary judgment in favor of SRP on
the Plaintiff's disparate treatment claim.
IV. Hostile [**13] Work Environment Claim against
SRP
Plaintiff based her hostile work environment claim
on several incidents that occurred over her 17 years of
employment with SRP. "In determining whether an
actionable hostile work environment claim exists, [the
courts] look to all the circumstances, including the
frequency of the discriminatory conduct; its severity;
whether it is physically threatening or humiliating, or a
mere offensive utterance; and whether it unreasonably
interferes with an employee's work performance."
National R.R. Passenger Corp. v. Morgan, 536 U.S. 101,
116, 122 S. Ct. 2061, 153 L. Ed. 2d 106 (2002) (internal
quotations omitted). Acts occurring more than 300 days
from the date a claimant filed a claim with the Equal
Employment Opportunity [*1099] Commission are time
barred if the act is unrelated to the unlawful employment
practice that occurred within the 300 day limitation
period. Id. at 117-18.
In the present case, Plaintiff filed her charge of
discrimination with the EEOC on August 9, 2004.
12. Therefore, the 300 day limitation period only extends
back to acts occurring on or after October 14, 2003.
Plaintiff alleged that a crew leader called Plaintiff
derogatory names on more than on occasion in October
of 2003. However, [**14] Plaintiff has alleged no other
incidents that occurred within the 300 day limitation
period. In its motion for summary judgment, SRP argued
that the other incidents alleged by Plaintiff, which fell
outside the 300 day limitation period, are barred because
Page 4
618 F. Supp. 2d 1092, *1097; 2007 U.S. Dist. LEXIS 98440,
**10
they are unrelated to these name calling incidents in
October of 2003. Further, SRP argued that the name
calling incidents, by themself, are insufficient to establi sh
a hostile work environment claim. Plaintiff failed to
specifically respond to these arguments in her response to
SRP's Motion for Summary Judgment.
Generally, a party's failure to respond to arguments
in a motion "may be deemed consent to the denial or
granting of the motion and the Court may dispose of the
motion summarily." Local Rule 7.2(i). However, in the
factual summary included in Plaintiff's Response she
includes a section entitled, "Plaintiff's Discriminatory and
Hostile Experiences While Employed by Defendant
SRP." (See P's Resp. at 5-6.) Based on this, it is unclear
whether Plaintiff has abandoned her hostile work
environment claim. Accordingly, the Court will allow
Plaintiff to file a supplemental response for the specific
and limited purpose of addressing [**15] the arguments
raised by SRP regarding her hostile work environment
13. claim.
V. Breach of Duty of Fair Representation Claim
against the Union
Both parties agree that the Union owes a duty of fair
representation to Plaintiff governed by federal labor
statutes. (See Union's MSJ at 8-9; P's Resp. at 5-6).
Plaintiff alleges that the Union breached its duty of fair
representation because Plaintiff was subject to more
severe disciplinary action than Mr. Kirby and the 14 other
males, and the Union failed to perform "any sort of
investigation into the accident."
The duty of fair representation requires a union to
"serve the interests of all members without hostility or
discrimination toward any, to exercise its discretion with
complete good faith and honesty, and to avoid arbitrary
conduct." Vaca v. Sipes, 386 U.S. 171, 177, 87 S. Ct. 903,
17 L. Ed. 2d 842 (1967). A union breaches this duty only
if its "conduct toward a member of the collective
bargaining unit is arbitrary, discriminatory, or in bad
faith." Id. at 190. A union's conduct is arbitrary only if "it
is irrational, when it is without a rational basis or
explanation." Marquez v. Screen Actors Guild, Inc., 525
U.S. 33, 46, 119 S. Ct. 292, 142 L. Ed. 2d 242 (1998);
see also Air Line Pilots Ass'n, Int'l v. O'Neill, 499 U.S.
65, 67, 111 S. Ct. 1127, 113 L. Ed. 2d 51 (1991) [**16]
("[A] union's actions are arbitrary only if, in light of the
factual and legal landscape at the time of the union's
actions, the union's behavior is so far outside a 'wide
range of reasonableness,' . . . as to be irrational."). Mere
negligence in carrying out the duty of fair representation
does not constitute a breach of the duty of fair
representation. United Steelworkers of America v.
14. Rawson, 495 U.S. 362, 372-73, 110 S. Ct. 1904, 109 L.
Ed. 2d 362 (1990).
"A union's duty of fair representation includes the
duty to perform some minimal investigation, the
thoroughness of which [*1100] varies with the
circumstances of the particular case." Evangelista v.
Inlandboatmen's Union of Pacific, 777 F.2d 1390, 1395
(9th Cir. 1985). "[O]nly an egregious disregard for union
members' rights" constitutes a breach of the duty of
investigation." Castelli v. Douglas Aircraft Co., 752 F.2d
1480, 1483 (9th Cir. 1985). For example, in Eichelberger
v. NLRB, 765 F.2d 851, 857 (9th Cir. 1985), the court
found that a union's investigation was adequate when the
union president merely read the grievant's letter several
time before reaching the conclusion that further
investigation was unnecessary. In addition, "extensive
investigation by a union is [**17] unnecessary where it
would not have resulted in the development of additional
evidence which would have altered the decisions not to
pursue the grievance." Evangelista, 777 F.2d at 1395-96.
The Union satisfied its duty of fair representation as
a matter of law. No reasonable finder of fact could find
that the Union acted so far outside the wide range of
reasonableness, when it negotiated with SRP to demote
Plaintiff in lieu of terminating Plaintiff, as to be
irrational. The crane accident was very serious and the
facts establish as a matter of law that at least part of the
responsibility for this accident rests on Plaintiff's
shoulders. Before the Union's involvement, SRP planned
on terminating Plaintiff. However, as a result of the
Union's negotiations, Plaintiff could have kept her job
and later have been eligible to bid into the position of
Equipment Operator. This offer was not irrational.
15. Comparisons to other male employees do not show
that Plaintiff was treated unfairly. Plaintiff has not
presented any evidence that the Union negotiated on
behalf of Mr. Kirby or any of the other 14 males.
Moreover, as stated above, Plaintiff and Mr. Kirby were
not similarly situated--Plaintiff [**18] had a long history
of safety violations and held a different responsibility.
There is simply no evidence of invidious discrimination
on the part of the Union. See O'Neill, 499 U.S. at 81;
Simo v. Union of Needletrades, 322 F.3d 602, 618-19
Page 5
618 F. Supp. 2d 1092, *1099; 2007 U.S. Dist. LEXIS 98440,
**14
(9th Cir. 2003).
The Union's investigation also satisfied its obligation
of fair representation. It was present during interviews of
SRP employees who witnessed the accident; the Union
spoke with the Plaintiff; the Union took photos of the
crane; the Union consulted other crane operators; and the
Union considered Plaintiff's own admission that she bore
responsibility for the operation of the crane. Given these
efforts, no reasonable fact finder could find that the
Union's investigation was an egregious disregard of
Plaintiff's rights.
Plaintiff contests that the "Union did nothing to
pursue the idea that the ground giving way was the cause
of the accident" (P's Resp. to Union's MSJ at 10).
However, Plaintiff offers no evidence which would show
the crane would not have crashed if it was properly set up
or that evidence of "the ground giving way" would have
16. altered the Union's decision not to pursue the Plaintiff's
grievance. See Evangelista, 777 F.2d at 1395-96 [**19]
("[E]xtensive investigation by a union is unnecessary
where it would not have resulted in the development of
additional evidence which would have altered the
decisions not to pursue the grievance."). Accordingly, the
Court will grant the Union's motion for summary
judgment on Plaintiff's fair representation claim.
VI. Breach of Contract Claim against the Union
Plaintiff claims the Union breached a contract
between her and the Union. However, Plaintiff presented
no evidence concerning which contract the Union
breached, the terms of the contract, or how the Union
[*1101] breached its terms. Plaintiff has not met her
burden of offering evidence to establish an issue of fact.
Thus, the Court will grant the Union's motion for
summary judgment on Plaintiff's breach of contract
claim.
Accordingly,
IT IS ORDERED SRP's Motion to Strike re
Portions of Plaintiff's Separate Statement of Facts (Doc. #
162) is DENIED.
IT IS FURTHER ORDERED SRP's Motion to
Strike Plaintiff's Thirteenth Supplemental Disclosure
Statement and Supplemental Responses to Interrogatories
(Doc. # 174) is DENIED.
IT IS FURTHER ORDERED SRP's Motion for
Summary Judgment (Doc. # 145) is GRANTED IN
PART and DENIED IN PART. Plaintiff's disparate
[**20] treatment claim is dismissed with prejudice.
17. IT IS FURTHER ORDERED Plaintiff may file a
supplemental response to SRP's Motion for Summary
Judgment on Plaintiff's hostile work environment claim
within 10 days of the date of this order. If Plaintiff files a
supplemental response, Defenda nt may have 10 days
after the date Plaintiff's supplemental response to file a
supplemental reply.
IT IS FURTHER ORDERED the Clerk of the
Court dismiss Plaintiff's case with prejudice if Plaintiff
fails to file a supplemental response within 10 days of the
date of this order.
IT IS FURTHER ORDERED the Union's Motion
for Summary Judgment (Doc. # 147) is GRANTED.
Plaintiff's case against the Union is DISMISSED WITH
PREJUDICE.
DATED this 30th day of September, 2007.
/s/ Roslyn O. Silver
Roslyn O. Silver
United States District Judge
Page 6
618 F. Supp. 2d 1092, *1100; 2007 U.S. Dist. LEXIS 98440,
**18
My A.S.P.I.R.E Plan
You have just reviewed a whole new approach to studying! It
may feel a bit overwhelming to you. Let’s reflect on each area
18. and see how you can use it to your advantage.
· Answer the following reflection questions using complete
sentences with proper spelling and grammar.
· Remember if you reference another source in your reflection,
you need to cite the source at the end of your response.
1. When thinking about the A.S.P.I.R.E. study plan, a study
strategy I already use that works well for me is… Click here to
enter text.
2. The study strategy I already use works well for me
because…Click here to enter text.
3. In the past, the most difficult part of studying has been…
Click here to enter text.
4. I think the most difficult part of studying has caused
difficulty because…Click here to enter text.
5. After reviewing the content on the A.S.P.I.R.E. study plan, I
have decided a new study strategy that I plan to try is…Click
here to enter text.
6. I plan to try this new study strategy because… (State how
you think it will be beneficial to you.) Click here to enter text.
7. Upon thinking about the A.S.P.I.R.E study plan, I realized
that something I am afraid to try is… (State a study strategy you
know would be beneficial to you, but you are apprehensive to
try it.)Click here to enter text.
8. I am going to make a commitment to myself to try the new
study strategy on my next assignment or exam. My next exam
or assignment is… (State the subject and date of your next
assignment or exam.)Click here to enter text.
19. 9. If that specific study strategy does not work for me, the next
one I will try is… (State the strategy and why you think this
strategy might be beneficial for you.)Click here to enter text.