Computer Task Group, Inc vs Brotby Essay Example for Free

Computer Task Group, Inc vs Brotby Essay In 1995 William Brotby was hired by Computer Task Group, Inc. (CTG) as an information technologies consultant. Upon hiring, Brotby had to sign an agreement stating that he would be restricted to work for any CTG customers if he left the company. No more than two years later, Brotby left CTG and began to work for one of CTG’s customers known as Alyeska Pipeline Service Company. CTG, plaintiff, filed a suit against Brotby, defendant, in a federal district court alleging breach of contract. During the production of discovery, Brotby refused to fully respond to CTG’s interrogatories, never gave truthful answers, filed unwarranted motions, made flimsy objections, and never disclosed all of the information that CTG sought. Brotby was fined twice by the court and was issued five separate orders ordering him to cooperate. Because of Brothby’s continuous refusal to cooperate, CTG eventually filed a motion to enter default judgment against him in 1999. The court granted the motion; however, Brotby appealed to the U. S. Court of Appeals for the Ninth Circuit. Is continuous refusal of the defendant to produce discovery enough to warrant a default judgment by a federal district court? The federal district court granted CTG’s motion to enter a default judgment. The U. S. Court of Appeals for the Ninth Circuit affirmed the judgment of the lower court. Therefore, the appellate court held that â€Å"in light of Brotby’s horrible record of discovery abuses† and his â€Å"abiding contempt and continuing disregard for the court’s orders,† the lower court properly exercised its discretion in entering a default judgment against the defendant. The Federal Rule of Civil Procedure 37 allows the district court to enter a default judgment against a party who fails to comply with an order demanding discovery. In addition, the district court must weigh five factors in order to appropriately decide if a sanction of default for noncompliance with discovery is grounds for dismissal. These five factors are: â€Å"(1) the public’s interest in expeditious resolution of litigation; (2) the court’s need to manage its ocket; (3) the risk of prejudice to the opposing party; (4) the public policy favoring disposition of cases on their merits; and (5) the availability of less drastic sanctions. † When a court order is violated, the first and second factors will favor sanctions whereas the fourth will challenge the order. With regards to the first factor, Brotby’s actions were deliberate; he intended his actions to be as they were. Moreover, in determining whether abolishing sanctions are appropriate in Brotby’s case is reliant on the third and fifth factors. Brotby violated court orders by failing to produce sufficient and factual documents, and by failing to pay one of the fines. These deceitful tactics delayed the litigation process while burdening the court, and prejudiced CTG. Brotby failed to produce documents ordered by the court, and most of what he did submit came after discovery. The withholding of important information and the time delay is sufficient prejudice towards CTG. There are three factors considered in deciding whether the district court adequately considered lesser sanctions: â€Å"(1) explicitly discussed the alternative of lesser sanctions and explained why it would be inappropriate; (2) implemented lesser sanctions before ordering the case dismissed; and (3) warned the offending party of the possibility of dismissal. † The district court judge appropriately considered the alternative of lesser sanctions by ordering Brotby to comply with CTG’s discovery request five times and imposing two lesser sanctions against him. However, Brotby never responded and therefore it is appropriate to discard lesser sanctions if the court anticipates continuous false misconduct. Brotby also had continuous awareness that his unwillingness to cooperate would eventually result in a default judgment against him; the judge warned him to â€Å"stop playing games† if he wanted to stay in the game. Therefore, the two monetary sanctions, five orders ordering him to cooperate, and repeated warnings proved enough notice that Brotby’s continued failure to comply would result in default.

Relationship Between Surface Area and Rate Of Reaction Essay -- GCSE C

An Experiment To Investigate The Relationship Between Surface Area and Rate Of Reaction Introduction The rate of reaction (reaction velocity) may be defined as the rate of change of concentration of a stated reactant or product. The rate of a reaction is found by measuring the amount of a reactant used up per unit of time or the amount of a product produced per unit of time. A reaction can be made to go faster or slower by changing a number of factors. In order for a reaction to occur certain things are necessary: particles must collide with each other and the collision must have enough energy for the reaction to occur. If this happens the original bonds are broken and new bonds are formed - so that new products are formed. Successful collisions (those with sufficient energy) can be increased (or decreased) by a number of factors. These key variables consist of temperature, concentration, surface area and use of and type of a catalyst. To examine the relationship between the rate of reaction and surface area I must choose to vary only surface area keeping the other variables constant. Surface area of solid - The surface area has an effect on the rate of reaction. If the solid has a large surface area per unit mass then there are more opportunities for collisions to occur between the solid and liquid. This is because there is more chance for collisions to occur. If the surface area per unit mass is small, collision can only occur with the outer atoms and is therefore limited. The diagram below illustrates this: This relationship is proportional i.e. as one doubles so does the other. The temperature of the reaction - When the temperature is low, the particles in the reaction do not have much energy and move slowly so collision... ...nes which can be explained by the fact that the surface area of the chips was constantly changing throughout the reaction, as it was reacted with the acid, and so did the surface area to volume ratio. Also as the marble was used up the reaction would slow, as there would be less marble remaining to react with the acid reducing the chances of a collision occurring. The evidence is sufficient to imply that my hypothesis is correct but I think to prove it successfully further evidence would be necessary. I could have checked the rates of reactions I produced as a result of my experiment by carrying out a different test. If I had examined my results by doing a test measuring the mass change of the calcium carbonate I could have checked that I came up with sufficiently similar final rates of reaction, however I did not have time for this or to use a wider range of values.

My Relationship

Brittany English 101-B35 9/28/2012 A relationship between two people can have very different meanings. In some relationships such as two lovers, they can also be best friends because they share good communication. A relationship between a parent and child has a special bond because they share love, and affection for each other. However, there are times when a relationship can go bad because there is no understanding, lack of communication, and a feeling of distance in the relationship.Relationships in all parts of our lives contribute to our well-being. Through our relationships, we are sustained in our personal growth and development. Our relationships provide us with the support we need to grow and to handle challenges we can face. In relationships, people like, respect, and trust each other. These are paramount foundations to a healthy relationship. We can accept each other for who we are, including the ways people grow and change over time.For an example I’ve been with my boyfriend Michael for almost three years now and although we’ve gone a lot of problems he has always been there for me. I’ve been able to over a lot of things in my life with him by my side, he’s helped me build confidence and made me realize that everyone as an opinion that doesn’t mean I have to take to heart. I really have no idea what I would without him by my side.The toughest thing that we’ve had to overcome in our relationship is when I was pregnant earlier this year and my dad wasn’t very happy about it so he kicked me out. I moved in with Michael and things got really tough that we decided to part ways, so I moved in with my mother but he said he was going to do all that he could to make things right even if we weren’t together he was going to be there for our child and be the dad he never had, three months down the road we lost our child.After our loss I moved back in with my father and things went back to normal. Since then Michael and I got back together and so many things have changed with our relationship all the problems have seemed to disappear and we’ve become closer despite my parents not wanting me with him. He truly is the perfect guy for me. As for his looks go he’s crazy tall, 6’5† which makes me happy because I love a guy much taller than me being that I’m 5’6† myself. He has big brown eyes that when the light hits them they like look a dark green.He’s a little over weight but it something he’s working on. He has four tattoos, two on right shoulder and one on his left and on the left side of his chest my favorite out of them all would be the tree that has he has on his right shoulder, I don’t know why I just have a fascination with nature and trees. As for his personality He’s Kind, compassionate, and sympathetic. Has a great sense of humor and is loyal. He’s Strong enough to lean on when I need to but comfor table enough to cry if things get bad.He has an easy going temperament and not afraid to say sorry when he is wrong. He even goes out of his way to cheer me up when I am blue. He is completely trust worthy and I can’t talk to him about everything, he’s truly are amazing. He truly has showed me what love really is and I wouldn’t want it any other way For as long as I have been with him people have asked me â€Å"why are you with him†? During our difficult times I seriously had to sit and think about the reasons why I was with him, for the longest time I didn’t really see what we had in common.I mean we don’t have the same taste in music; I am rather organized where he is rather sloppy, we don’t like the same types of food, our childhood upbringing and family could not be any dis similar. So as I reviewed these different aspects of what I expect most people to have in common I started to realize that we didn’t have anything in co mmon, It wasn’t until I got so frustrated and angry that I actually confronted him telling him we had nothing in common, that he showed me a different way to look at it.He said with a smile on his face â€Å" of course we don’t have any of those things in common, but that’s not why I love you† after he said those words I realized I didn’t love him for any of those reasons either , but it was all the intangible things about him that I loved some much, and after I saw that, I realized we did in fact have some things in common that I never even thought about, like each of us has an appreciation for art, beauty, and nature.We both love animals and the ocean, but I don’t think I would have ever actually seen all the things we do have in common until I stretched my brain a little to look outside the normal view of what most of my peers have in common with their significant others, and it made me smile to think that even though we both together mig ht act like silly little children and laugh about the stupidest things most times, we really have a loving and mature relationship (most of the time).I would say the song that describes our relationship the best would be the perfect to by auburn. The song displays the true love between these two people and how they go hand and hand, that they wouldn’t be anything without one another. To me a romantic relationship is a commitment, compromise, acceptance, and love.You must commit yourself to work on improving the relationship, you must often compromise to come to an agreement on many issues, and you must accept the other person for who they are and not try to change them, as change can only come from within. You must love yourself before you can love someone else, and you must love the other person enough to put their needs before your own. Auburn. â€Å"Where the Perfect Two. † Perfect Two. Beluga Heights , 2011.

Dr. Sigmund Freud s Theory Essay - 1662 Words

Icebergs, sexual relations with parents, and repressed memories are what every student understands as they walk out of introductory psychology classes. Until my graduate level class I had no idea that there was more to Dr. Sigmund Freud’s (1856-1939) thoughts and theories. In my mind Freud was the reason for victim blaming in today’s culture and helped contribute to the systematic sexism that women face in today’s society; I even wrote about that in my response to some of his readings that he was the cause of all evil in the world essentially. While Freud is the cause for a lot of these ideas, and he was a sexist, he is not the perpetrator of these ideas, and he was not a sick pervert who was into children. He was a devoted father, passionate researcher, and a spearhead for new and innovated research into a new field that has led to further research today and has helped to keep psychologists thinking and moving forward—whether it be to disprove his thought s or to validate them, he got people talking. Since 1987, he has been cited more than 458,000 times (Google Scholar, 2016) over a 300 different original sources from him (Cherry, 2016). He has led to massive amounts of research being done and without his contributions psychology would not have been able to progress to where it is, but people do not understand the scope of his impact because they become distracted by what he â€Å"said† and what his theory claims according to the current translations. There are many ways peopleShow MoreRelatedMoore 1. Kristen Moore. Mrs. Kristy French. English Iii1443 Words   |  6 Pagespsychologist named Sigmund Freud. 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