City Planning Commission and Community Board Meeting

City Planning Commission and Community Board Meeting You will examine an issue raised at a public meeting or hearing of a participatory forum such as a Community Board, the Landmark Preservation Commission or the City Planning Commission.

City Planning Commission and Community Board Meeting
City Planning Commission and Community Board Meeting

Look at each body’s official website to find meeting times and issues. If you attend a community board meeting, look for the appropriate sub-committee, such as Land Use, Zoning, Housing, or Landmarks.

City Planning Commission and Community Board Meeting

Once you identify your issue(s), research its history and follow up on its progress in subsequent meetings and in media reports. Based on your experience and research, you will write a paper (approx. 10 pages) on this issue, analyzing it within the context of the urban factors we have studied.

Your paper should consider the issue as a case study of larger questions about urbanism and public participation. These questions will vary depending on your topic, but you should be able to discuss how your issue relates to concepts like social and economic priorities, public and private space, circulation, and housing, open space, and/or the design of the urban environment.

City Planning Commission and Community Board Meeting

Your paper should also consider the process and effectiveness of public participation. Think about who and what you observe at your meeting(s) and assess the impact of public meetings and hearings on the outcome of projects and proposals. If there will be further action on your issue, and then explain how you expect the public review process to continue in the future. This essay will be going on Turnitin so please NO plagiarism.

Please write about a meeting or forum hosted by the city planning commission/community board that occurred anytime between It should be a New York City (Manhattan) board meeting/city planning commission

Real Project Manager Research Essay Paper

Real Project Manager Research Essay Paper EX 1-3. Find an example of a real project with a real project manager.

Real Project Manager Research Essay Paper
Real Project Manager Research Essay Paper

Feel free to use projects in the media (the Olympics, television shows, movies, and so on) or a project from work, if applicable. Write a one-page paper or prepare a short presentation describing the project in terms of its scope, time, and cost goals and each of the project’s attributes. Try to include information about what went right and wrong on the project and the role of the project manager and sponsor. Also, describe whether you consider the project to be a success or not and why. Include at least one reference and proper [APA] citations.

Real Project Manager Research Essay Paper

Chapter 2: EX 2-1. Perform financial analysis for a project using the format provided in Figure 2-5. Assume the projected costs and benefits for the project are spread over four years as follows: Estimate costs are $100,000 in Year 1 and $25,000 each year in Years 2, 3, and 4). (Hint: Just change the years in the template file from 0, 1, 2, 3, and 4 to 1, 2, 3, and 4.The discount factor will automatically be recalculated). Estimated benefits are $0 in Year 1 and $80,000 each year in Years 2, 3, and 4. Use an 8% discount rate. Use the business case financials template provided on the companion Web site to calculate and clearly display the NPV, ROI, and year in which payback occurs. In addition, write a paragraph explaining whether you would recommend investing in the project based on your financial analysis.

Legal Writing Project Preparing a Letter to a Client

Legal Writing Project Preparing a Letter to a Client In Figure 1, you’ll find a memo from your supervising attorney asking you to prepare a letter to your client, Jane Smith.

Legal Writing Project Preparing a Letter to a Client
Legal Writing Project Preparing a Letter to a Client

In the memo, your supervising attorney is telling you she received a Tax Assessors’ Office Hearing Notice and wants you to send a letter to Ms. Smith advising her of the hearing. The information that should be included in your letter to the client is in both the memo from your supervising attorney and the appeal hearing notice shown in Figure 2. When preparing the letter, make sure you use the letter writing recommendations included in the Legal Writing study unit. The letter should go out under your signature, not your supervising attorney’s signature. The letter to Ms. Smith should go to the property address listed in the Tax Notice. Sample letterhead for your law firm is shown in Figure 3. Use the client’s address that’s listed in the hearing notice.

Legal Writing Project Preparing a Letter to a Client Memo

From: Supervising Attorney, ES

To: Paralegal

Date: Today

Re: Jane Smith, Tax Appeal

Our File No. Smith-3-04

Please send a letter to Ms. Smith advising her of her tax appeal hearing per the attached notice. Please make sure she remembers she is to meet me in the lobby ten minutes before the hearing is scheduled to begin and that she should bring pictures of all comparable houses in her area as per our earlier meeting.

ES

FIGURE 1—Memo from Supervising Attorney to Paralegal

TAX ASSESSORS’ OFFICE HEARING NOTICE

Office of the Tax Assessors of Lackawanna County

County Office Building

211 Ace Road—5th Floor

Clark, Pennsylvania 18111

Taxpayer: Jane P. Smith

Property Location: 123 Rock Road, Clark, Pennsylvania 18118

Tax Map No.: 19-19-050-019-8

Date of Hearing: March 6, 2018

Time of Hearing: 10:35 a.m.

FIGURE 2—Hearing Notice

Law Offices of Eliza Smith and Associates

5678 Barrister Row

Clark, Pennsylvania 18112

(771) 333-4444

Fax (771) 333-4445

(Date)

(Client Name)

(Client Address)

RE:

Dear:

Very truly yours,

cc:

FIGURE 3—Sample Letterhead

 

Legal Writing Project Preparing a Letter to a Client EXERCISE 2: PREPARING A DEED

In Figure 4, you’ll find another memo from your supervising attorney asking you to prepare a new deed for your client, Jane Smith, who is selling her home. In the memo, your supervising attorney gives you some of the terms of the sale. The information that needs to be included in the new deed you’re preparing is in the memo from your supervising attorney and in Figure 5, the previous deed in which your client took title and became the owner of the property. Figure 6 is a blank deed form for you to use in preparing the new deed from your client, Jane Smith, to the buyer (grantee).

Note: Scan or type the deed form into your computer to complete this assignment. A deed must be signed by the grantors, witnessed, and notarized for it to be complete. You can use your own name for the notary and any other name you choose for the name of the witness.

Memo

To: Paralegal

From: Supervising Attorney

Date: [Fill in today’s date]

Re: Jane Smith, Sale of residence

Our File No. Smith-2-04

Please prepare a new Deed in connection with our client’s sale of her residence.

I have attached her old Deed for you to obtain the legal description. The buyers are Adam and Sally Jones, also of Clark, PA, and the purchase price is $150,000.00.

FIGURE 4—Memo from Supervising Attorney to Paralegal

FIGURE 5—This figure shows the previous deed, in which Jane Smith became the owner.

FIGURE 6—Deed Form

 

Legal Writing Project Preparing a Letter to a Client EXERCISE 3: WRITING AN INTERNAL

MEMO

For this exercise you’ll write an internal office memorandum to your supervising attorney that advises her of the results of your research on a given topic and applies the law to the facts in your case. Remember, for an internal office memo, your purpose is to inform your supervising attorney as to what your research has found, not to persuade the reader one way or another.

Fact Scenario

John Brown sued his dentist, Dr. Thomas Furlow, claiming he was injured because of Dr. Furlow’s failure to extract an infected tooth on August 3, when he was examined by Dr. Furlow. After his appointment with Dr. Furlow, ignoring Dr. Furlow’s recommendation to return because his tooth was infected, Brown left to go on vacation. While he camped in the desert, his tooth became more severely infected. The infection spread, causing him severe pain and fever and endangering his life. Brown passed out in the desert and was found by a passerby, who rushed him to the hospital. His life was saved, but he incurred significant medical expense, loss of income, and pain and suffering.

Furlow was served with a complaint on March 1. The summons stated that he had 20 days to file an answer or that judgment could be entered against him. Furlow took the complaint home with him and put it in the safe in his study. Later, he phoned his attorney,

who asked him when he had been served and made an appointment for March 19.

On Thursday, March 18, Furlow’s house was robbed and the contents of the safe, along with money and jewelry, were taken. Fearing for the safety of his wife and children, Furlow took his family and went to his mother-in-law’s residence, approximately four

hours away. He forgot the appointment with his attorney that morning and spent the weekend with his family at his mother-in-law’s residence.

Upon his return on Monday, March 22, Dr. Furlow rescheduled his appointment with his attorney for March 23.

Meanwhile, on March 23, a default judgment was entered against Furlow. Furlow’s attorney phoned the court clerk the afternoon of March 23 and was told that a default judgment had been entered. He immediately filed a motion to set aside the default judgment.

You’re Dr. Furlow’s attorney’s paralegal and are instructed to review the two cases she believes are on point in this case and the applicable statutes. After reading the material, prepare a memorandum explaining whether they’re applicable, favorable or unfavorable, and how they relate to the facts in this case

Legal Writing Project Preparing a Letter to a Client CASES

CASE #1

AUBREY H. PERRY, JR. and CHRISTINE PERRY,

f/k/a Christine P. Robey, APPELLANTS

v.

CENTRAL BANK & TRUST COMPANY, APPELL

No. 90-CA-603-MR

Court of Appeals of Kentucky

812 S.W.2d 166

March 29, 1991, Rendered

PRIOR HISTORY: Appeal from Fayette Circuit Court; Honorable Rebecca Overstreet, Judge; Action No. 89-CI-2021.

DISPOSITION: AFFIRMING.

COUNSEL:

ATTORNEY FOR APPELLANTS: Winifred L. Bryant, Lexington, Kentucky.

ATTORNEYS FOR APPELLEE: Joni D. Tackett, Earl S. Wilson, Jr., Lexington, Kentucky.

JUDGES:

Emberton, Howerton, and Miller, Judges. All concur.

OPINION BY: HOWERTON

OPINION: HOWERTON, JUDGE.

Aubrey Perry (Perry) and Christine P. Robey (Christine) appeal from a default judgment entered in favor of Central Bank & Trust Company (Central Bank). Perry contends that the trial court erred (1) in finding that it had personal jurisdiction over him, (2) in granting the default judgment, and (3) in denying the post-judgment motions. Christine concedes the issue of jurisdiction as to her, but relies on the latter two issues on appeal. We affirm.

This action began when Padgett Construction Company filed suit to enforce a mechanics’ and materialmen’s lien in the amount of $5,416.73 for improvements to the residence of Christine and Frederick Robey (Robey). That complaint was filed on June 22, 1989, against Robey, his wife Christine, Citizens Fidelity Bank & Trust Company of Lexington

(Citizens), and Central Bank.

Citizens held the first mortgage on the property in the principal amount of $125,000.

Central Bank held a second mortgage on the same property as security for a loan to Robey and Christine in the principal amount of $500,000. That mortgage note was executed on June 29, 1987, and provided that Robey and Christine were jointly and

severally liable on the note. In addition, the note was secured by a deed of trust to some

property in Virginia Beach, Virginia. The note was payable in equal monthly installments

of $5,311.75, with a balloon payment of the balance due on or before June 29, 1988.

Although no mention is made in the note as to the purpose of the loan, it was used to

acquire an interest in Bristol’s Restaurant in Lexington, Kentucky.

On June 8, 1987, Christine’s father, Aubrey Perry, signed a guaranty agreement in which

he agreed to be liable up to $135,000 for any indebtedness of Christine and Robey to

Central Bank incurred on or before June 30, 1988. This agreement began, “For good and valuable consideration, the receipt of which is hereby acknowledged, and in order to induce Central Bank & Trust Co . . . to extend credit to Frederick R. Robey and Christine

Robey. . . .” This agreement was mailed to Perry, a Virginia resident, in Virginia, where

it was signed and then it was mailed back to Central Bank. A few months later, Christine

and Robey also signed another note in the principal amount of $65,000, due and payable in full on or before April 4, 1988. This note was secured by assignment of a sales contract for $350,000 on the Virginia Beach property, and the parties have treated this note as if it were also secured by the guaranty agreement, presumably because of the language in the latter concerning liabilities incurred on or before June 30, 1988.

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Christine and Robey managed to reduce the principal owed to Citizens on the first mortgage to some $96,760, and they paid the other two notes down to $209,977.43 and $20,000, respectively. At some point, Robey and Christine separated and divorced, and Christine moved back to Virginia. As mentioned, suit was begun to enforce the construction liens and the residence was subject to foreclosure sale. Because of the guaranty agreement, Central Bank sought to join Aubrey Perry as a third-party defendant by motion made July 19, 1989. This motion was granted on August 7, 1989. The house was ultimately sold by private sale for $185,000. The first mortgage to Citizens was satisfied, and Central Bank received $70,306.70 from the proceeds toward satisfaction of its second mortgage. Thus, approximately $162,000 of the principal remained owing from the two promissory notes. Central Bank sought to collect the debt from Robey, Christine, and/or Perry. When the three failed to file answers to Central Bank’s cross-claim within 20 days, CR 12.01, the bank filed a motion for default judgment on October 10, 1989.

Robey then answered by informing the court that he had filed for protection under the federal bankruptcy laws on October 9, 1989.

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Christine filed a notice of entry of appearance on October 20, 1989, and Perry filed a notice of special entry of appearance on the same day; both filed affidavits and a response to the motion for default judgment. The trial court granted the default judgment against Christine and Perry on November 16, 1989, and postjudgment motions were filed on November 27, 1989, including a motion pursuant to CR 52.02 for findings of fact and conclusions of law regarding the question of personal jurisdiction over Perry. A hearing was held on the motions and all were denied by order entered March 14, 1990. That order stated that the court had personal jurisdiction over Perry pursuant to KRS 454.210.

It is from the entry of default judgment that Christine and Perry bring this appeal.

Perry challenges the trial court’s assertion of jurisdiction because he was never in Kentucky concerning the guaranty note, his signature was solicited by the bank, and the note was sent to him in Virginia where he signed it and mailed it back to the bank.

Our long-arm statute is KRS 454.210, and it is designed to permit the exercise of personal jurisdiction over nonresident defendants while complying with federal constitutional requirements of due process. Texas American Bank v. Sayers, 674 S.W.2d 36, 38 (Ky.

App. 1984), cert. denied, 469 U.S. 1211, 105 S. Ct. 1180, 84 L. Ed. 2d 328 (1985).

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Kentucky’s long-arm statute allows its courts “to reach to the full constitutional limits of due process in entertaining jurisdiction over nonresident defendants.” Mohler v. Dorado Wings, Inc., 675 S.W.2d 404, 405 (Ky. App. 1984). Due process requires that a nonresident defendant have certain minimum contacts with the forum state “such that the maintenance of the suit does not offend ‘traditional notions of fair play and substantial justice.’”

International Shoe Co. v. State of Washington, 326 U.S. 310, 316, 66 S. Ct. 154, 158, 90

  1. Ed. 95 (1945), quoting Milliken v. Meyer, 311 U.S. 457, 463, 61 S. Ct. 339, 343, 85 L.

Ed. 278 (1940); see also Mohler, 675 S.W.2d at 405. To determine the outer limits of personal jurisdiction based on a single act, the following three-part test has been put forth:

First, the defendant must purposefully avail himself of the privilege of acting in the forum state or causing a consequence in the forum state. Second, the cause of action must arise from the defendant’s activities there. Finally, the acts of the defendant or consequences caused by the defendant must have a substantial enough connection with the forum state to make the exercise of jurisdiction over the defendant reasonable.

Southern Machine Co. v. Mohasco Industries, Inc., 401 F.2d 374, 381 (6th Cir. 1968),

citing McGee v. International Life Insurance Co., 355 U.S. 220, 78 S. Ct. 199, 2 L.

Ed. 2d 223 (1957), and Hanson v. Denckla, 357 U.S. 235, 78 S. Ct. 1228, 2 L. Ed. 2d

1283 (1958).

The statute itself reads in pertinent part:

(2)(a) A court may exercise personal jurisdiction over a person who acts directly or by

an agent, as to a claim arising from the person’s:

  1. Transacting any business in this Commonwealth;

Legal Writing Project Preparing a Letter to a Client

(3) (a) When personal jurisdiction is authorized by this section, service of process may be made on such person, or any agent of such person, in any county in this Commonwealth, where he may be found, or on the secretary of state who, for this purpose, shall be deemed to be the statutory agent of such person.

KRS 454.210. A case which this Court found helpful, but which was not cited by either party, is National Can Corp. v. K Beverage Co., 674 F.2d 1134 (6th Cir. 1982). In that case, a North Dakota resident, who never set foot in Kentucky, was subject to personal jurisdiction in this state by the signing of a personal guaranty agreement in North Dakota. The nonresident’s husband was a vice president and shareholder of a company whose principal place of business was Louisville. Her only relationship with Kentucky was the signing of the agreement and her marital interest in her husband’s stock in the company. The company failed, and she and other guarantors were sued in federal district court.

The court found that the three-part test of Southern Machine, supra, was met by all guarantors involved. The court stated that the defendants voluntarily signed the agreements, “without which credit would not have been furnished.” 674 F.2d at 1137, and the guarantors knew the business was to be located in Kentucky. “Signing a personal guaranty for a Kentucky business in which one has an economic interest is the sort of ‘conduct and connection with the forum state’ that makes it reasonable to ‘anticipate being haled into court there’ when the underlying contract is breached.” National Can, supra, 674 F.2d at 1138, quoting World-Wide Volkswagen Corp. v. Woodson, 444 U.S. 286, 287, 100 S. Ct. 559, 562, 62 L. Ed. 2d 490 (1980). The court determined that the guaranties were essential for the startup of the enterprise and that they constituted “the sort of purposeful act contemplated . . . in Southern Machine.”

674 F.2d at 1138.

The court in National Can also found that the second prong of the test was met because the agreements were the basis for the action. 674 F.2d at 1138. The court then concluded that there was sufficient connection with the forum state to make the exercise of jurisdiction reasonable, reciting that the guarantors voluntarily signed the agreements, Kentucky was chosen as the business situs, the guaranties were vital to the establishment of the business, and the operation had a realistic impact on the commerce of Kentucky. Id.

Comparing the facts of National Can to the present case, we find several similarities.

While he may not have sought out Central Bank, Perry’s act of signing the guaranty certainly caused a consequence in this state, because the $500,000 would not have been loaned to Perry’s daughter and Robey had it not been for Perry’s signature on the guaranty. See National Can, 674 F.2d at

  1. The agreement also provided that it shall be

“in all respects governed, construed, applied and enforced in accordance with the laws of [Kentucky].” Although not an explicit consent to jurisdiction, this language put Perry on notice that he could expect any legal ramifications to be dealt with in Kentucky.

Furthermore, Perry’s agreement was the basis for the loan and acquisition of the interest in Bristol’s, cf. National Can, 674 F.2d at 1138, and so the cause of action arose from his act of guaranteeing the note.

Perry’s act of signing the agreement also had a substantial enough connection with Kentucky to make personal jurisdiction reasonable. He knew that he was guaranteeing loans extended in this state for his son-in-law to acquire an interest in business here, and he also knew that should Christine and Robey fail to make payments or if the business venture failed, he would be looked to for payment. While he did not acquire any economic interest in the business himself, he certainly had a stake in its success.

The court in Davis H. Elliott Co. v. Caribbean Utilities Co., 513 F.2d 1176 (6th Cir. 1975) stated at 1182:

The purposeful action test of Southern Machine . . . is not intended to require . . . that to be subject to the personal jurisdiction of the courts of a state, a nonresident corporation must actively conduct an income-generating enterprise in that state. To the contrary, it is designed only “to insure that the defendant has become involved with the forum state through actions freely and intentionally done. . . .” In-Flight Devices

Corp. v. Van Dusen Air, Inc., 466 F.2d 220, 228 (6th Cir. 1972).

We believe the trial court correctly concluded that Perry had sufficient minimum contacts with Kentucky to satisfy due process requirements for personal jurisdiction.

Next, we turn to Perry and Christine’s second allegation that the trial court erred in granting default judgment. CR 55.02

provides that a court may set aside a default judgment in accordance with CR 60.02 for good cause shown. Factors to consider in deciding whether to set aside a judgment are: (1) valid excuse for default, (2) meritorious defense, and (3) absence of prejudice to the other party. 7 W. Bertelsman and K. Philipps,

Kentucky Practice, CR 55.02, comment 2 (4th ed. 1984) [hereinafter “Ky. Prac.”].

Christine signed for the service of process of the lawsuit, but stated that she talked with her former attorney who, as Christine recalls, advised her that she did not think she had any assets. Based on this advice, Christine made no response to the summons.

“Carelessness by a party or his attorney is not reason enough to set an entry aside.”

7 Ky. Prac. CR 55.02, comment 2. Perry signed for the motion seeking to add him as a party to the original suit, and his housekeeper signed for the actual summons once he became a party. This was accomplished in July and in early September 1989. Perry states that he had no knowledge of the suit until he received the motion for default judgment on October 12, 1989.

Furthermore, both Christine and Perry wrote letters in August agreeing to the private sale of the Robey residence. This should have put them on notice that should there not be enough money realized from the sale, the entire mortgage would not be satisfied and this might open them up for some liability.

We believe the parties did not exercise due diligence concerning this suit and answering the summons. Furthermore, the apparent defenses which might alter the outcome are also weak. Christine and her father both assert that Central Bank misrepresented the extent of the interest Robey was acquiring. Christine and Perry claim that they believed Robey was acquiring interests in two Louisville restaurants and a meat packing company in Lexington as well, for the $500,000. Central Bank merely wanted security for its loan to Robey and Christine. The bank was not concerned with whether Robey was acquiring an interest in one restaurant or three; its only concern was that the borrower be able to pay the loan, or in the alternative, that there be adequate security in the event of default.

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It is true that courts do not favor default judgments and that it is preferable to decide cases on the merits. Dressler v. Barlow, 729 S.W.2d 464, 465 (Ky. App. 1987). If it appeared that Christine and Perry had a truly meritorious defense, then on balance, whether the trial court should have set the judgment aside would be a close call.

However, we believe the excuses for failing to answer are weak, as are the defenses, and we cannot say it was an error or abuse of discretion for the trial court either to grant the default judgment or to refuse to set it aside.

The judgment and order of the Fayette Circuit Court are affirmed.

AFFIRMING.

CASE #2

GREEN SEED COMPANY, INC., APPELLANT

v.

HARRISON TOBACCO STORAGE WAREHOUSE, INC., APPELLEE

No. 82-CA-2468-MR

Court of Appeals of Kentucky

663 S.W.2d 755

January 27, 1984

APPEAL FROM HARRISON CIRCUIT COURT, HONORABLE JOHN P. LAIR, JUDGE,

CIVIL ACTION NO. 81-CI-184

DISPOSITION: AFFIRMING

COUNSEL:

Attorney For Appellant: William C. Shouse, Shouse & Burrus, Lexington, Kentucky.

Attorney For Appellee: David E. Melcher, Swinford & Sims, Cynthiana, Kentucky.

JUDGE: Hayes, Chief Judge.

OPINION BY: HAYES

OPINION: This appeal arises from a refusal to set aside a default judgment by the Harrison Circuit Court.

Legal Writing Project Preparing a Letter to a Client

The appellee entered into a lease agreement with the appellant on May 16, 1979. The appellee filed suit against the appellant on September 28, 1981, seeking a judgment for the entire rental payment due under the lease. On October 23, 1981, the appellant filed a petition for removal in the United States District Court, properly served the appellee and filed a copy with the Harrison Circuit Court. This petition was dismissed as defective on October 27, 1981.

Instead of amending this petition, the appellant filed a second petition for removal on November 5, 1981, longer than thirty days after the filing of the complaint. Neither the appellee nor the Harrison Circuit Court received notice or copy of this petition, although the appellant offered affidavits that notice and copy were mailed. On January 27, 1982, the appellee applied for a default judgment because of the appellant’s failure to plead or otherwise defend the action. The appellant had made no answer in the trial court where both the appellee and the trial court thought the action to be because of the aforementioned failure in notice. The appellant also had made no answer or defense in the United States District Court where he thought the action to be.

On February 5, 1982, the trial court granted and entered the default judgment. The appellant appeared and made a motion to set aside the default judgment on February 16, 1982, because the second petition for removal had not been remanded. Prior to ruling on this motion, the United States District Court, on April 1, 1982, dismissed the second petition for removal as being defective. The appellant, then, asked the trial court for leave to file an answer and counterclaim and to amend its motion to set aside the default judgment.

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On August 6, 1982, the trial court denied the motion to set aside the judgment.

The issue before this Court is whether the trial court abused its discretion in failing to set aside the default judgment.

The law clearly disfavors default judgments. Bargo v. Lewis, 305 S.W.2d 757 (Ky. 1957).

Moreover, the trial court has wide discretion to set aside a default judgment. Northcutt v.

Nicholson, 246 Ky. 641, 55 S.W.2d 659 (1932). The moving party, however, cannot have the judgment set aside and achieve his day in court if he cannot show good cause and a meritorious defense. CR 55.02; Jacobs v. Bell, 441 S.W.2d 448 (Ky. 1969). Good cause is most commonly defined as a timely showing of the circumstances under which the default judgment was procured. The appellant asserts that his reliance on the removal of the trial court’s jurisdiction to the United States District Court is a sufficient showing of good cause. This Court does not agree. Federal, not state, law governs all removal proceedings. Grubbs v. General Electric Credit Corp., 405 U.S. 699, 31 L. Ed. 2d 612, 92 S. Ct. 1344 (1972). Removal of jurisdiction is effected after the movant files a petition and bond, gives notice to all adverse parties, and files a copy of the petition with the clerk of the state court. 28 U.S.C.

Legal Writing Project Preparing a Letter to a Client
  • 1446(e). Once these steps are completed, the state court loses jurisdiction over the case unless and until the case is remanded by the federal court. Id. The removal is effective the date of the petition. Howes Childers, 426 F. Supp. 358 (W.D. Ky. 1977); contra, Wright, Miller & Cooper, 14 Federal Practice & Procedure § 3737 (1976). Since the state court retains its jurisdiction until it is notified of the removal petition, this procedure allows an interim period between the filing of the petition and the notice to the parties and the state court where the federal and state courts both have jurisdiction. Berberian v. Gibney, 514 F.2d 790 (1st Cir. 1975), Howes, supra. Dual jurisdiction remained in the instant case at least until February 16, 1982, when the appellant’s motion to set aside the default judgment first notified the appellee and the trial court of the second petition for removal.

See Medrano v. the State of Texas, 580 F.2d 803 (5th Cir. 1978). Where no notice, actual or constructive, is given to the state court, the trial court’s actions are not void. Id. Obviously, conflicting actions can occur.

Most courts find concurrent jurisdiction means nothing more than that once the state court is notified of the removal, federal jurisdiction predominates in any conflicting actions during this interim period. 1A Moore’s Federal Practice 0.168 [.3-8] (1983); Howes, supra; contra; Wright § 3737. In effect, then, the federal court can overturn any default judgment that had been granted during the period of dual jurisdiction. Id. Where, as in the case at bar, the federal court dismisses the petition, the removing party’s only recourse is a motion to set aside the judgment, and reliance on his petition for removal as good cause may fail. When the removing party fails to answer in compliance with either CR 12.01 or Fed. R. Civ. P. 81, the trial court does not abuse its discretion in finding such reliance inadequate as good cause.

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CR 12.01 requires a defendant to serve his answer within twenty (20) days after service of the summons upon him. The appellant waited almost seven (7) months before he served the appellee with his answer. The default judgment was not granted until over three (3) months had elapsed after the time the appellant was required to tender his answer. The appellant’s failure to file a timely answer is sufficient basis for a default judgment, and the appellant is not entitled to have the judgment set aside unless he can show reasonable excuse for the delay in answering and establish that he is not guilty of unreasonable delay. CR 55.01; Terrafirma, Inc. v. Krogdahl, 380 S.W.2d 86 (Ky. 1964).

The appellant’s assertion that he believed the case had been removed is an unreasonable excuse when he has not complied with Fed. R. Civ. P. 81. This rule attempts to resolve the potential conflicts between the thirty (30) days allowed for removal under 28 U.S.C. § 1446, the twenty days allowed for an answer under Fed. R. Civ. P. 12, and the various times allowed for answers under state rules by providing,

In a removed action in which the defendant has not answered, he shall answer or present the other defenses or objections available to him under these rules within 20 days after the receipt through service or otherwise of a copy of the initial pleading setting forth the claim for relief upon which the action or proceeding is based, or within 20 days after service of summons upon such initial pleading, then filed, or within 5 days after the filing of the petition for removal, whichever period is longer.

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Fed. R. Civ. P. 81(c). The removing party, then, can wait until the longer of twenty (20)

days after service or summons or five (5) days after the removal petition to answer the

complaint and need not comply with state rules. The party, however, must answer. The

appellant’s failure to answer pursuant to this rule belies his reliance on the removal proceedings and precludes his using

this reliance as an excuse for delay.

The appellant’s reply brief suggests that good cause is further established because

notice of the February 5, 1982 hearing was required by CR 55.01 and he received no

notice. The record presents conflicting evidence as to whether the appellant received

notice of the hearing. CR 55.01, however, requires notice only when the party has made

an appearance before the court. Pound Mill Coal Co. v. Pennington, 309 S.W.2d 772 (Ky.

1958). While appellant argues the filing of the first petition for removal is an appearance,

he has not appeared. The general rule of law holds that “in the federal or state courts a

petition for the removal of a cause to a federal court and the proceedings thereon do not

constitute an appearance which waives jurisdictional objections or prevents defendant

from being in default for want of appearance.” 6 C.J.S. Appearances § 32 (1975).

The word “appeared” in CR 55.01 means the defendant has so participated in the action

as to indicate an intention to defend. Smith v. Gadd, 280 S.W.2d 495 (Ky. 1955). The

appellant’s failure to answer in any court for seven months contradicts any intention to

defend and makes unnecessary the resolution of whether the appellant received notice.

The trial court did not abuse its discretion in finding the appellant failed to show good

cause. His failure to show good cause obviates any need for this court to determine

whether the appellant presented a meritorious defense.

The judgment is affirmed.

ALL CONCUR.

 

Legal Writing Project Preparing a Letter to a Client STATUTES

Kentucky Civil Rule 6.01. Computation

In computing any period of time prescribed or allowed by these rules, by order of

court or by any applicable statute, the day of the act, event or default after which

the designated period of time begins to run is not to be included. The last day of the

period so computed is to be included, unless it is a Saturday, a Sunday or a legal

holiday, in which event the period runs until the end of the next day which is not a

Saturday, a Sunday or a legal holiday. When the period of time prescribed or allowed

is less than seven days, intermediate Saturdays, Sundays and legal holidays shall be

excluded in the computation.

Kentucky Civil Rule 55.02. Setting Aside Default

For good cause shown the court may set aside a judgment by default in accordance

with Rule 60.02.

Kentucky Civil Rule 60.02. Mistake; inadvertence; excusable neglect; newly discovered evidence; fraud; etc.

On motion a court may, upon such terms as are just, relieve a party or his legal representative from its final judgment,

order, or proceeding upon the following grounds:

(a) mistake, inadvertence, surprise or excusable neglect; (b) newly discovered evidence which by due diligence could not have

been discovered in time to move for

a new trial under Rule 59.02; (c) perjury or falsified evidence; (d) fraud affecting the

proceedings, other than perjury or falsified evidence; (e) the judgment is void, or has

been satisfied, released, or discharged, or a prior judgment upon which it is based

has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application;

or (f) any other reason of an extraordinary

nature justifying relief. The motion shall be made within a reasonable time, and on

grounds (a), (b), and (c) not more than one year after the judgment, order, or proceeding was entered or taken. A motion

under this rule does not affect the finality of a

judgment or suspend its operation

Legal Writing Project Preparing a Letter to a Client TIPS

As you’re reading each case and statute, consider what factors must be shown to constitute good cause for setting aside the

default judgment. For each factor you’ve found,

identify the facts in our case, Brown v. Furlow, that would be helpful or harmful in establishing that factor. If the facts

of the cases provided are sufficiently different from our

case, you can try to distinguish the case, explaining what arguments you think can be

made not to use it if it would be harmful to our case. Also, if the facts are different but

could be helpful, you should explain why, even with different facts, it should be controlling

in our case.

When you’re reading the two cases provided to you, please remember you’re trying to

determine the state of the law from the information provided in the cases. Don’t look up

any additional law and don’t cite any case law used by the judges writing these opinions

as authority. Use only these cases and statutes as your authority.

The cases and statutes you should use should be cited as follows:

n Perry v. Central Bank & Trust, 812 S.W.2d 166 (Ky. Ct. App. 1991)

n Green Seed Co., Inc. v. Harrison Tobacco Storage Warehouse, Inc, 663 S.W.2d

755 (Ky. Ct. App. 1984)

n Ky. Civ. R. 6.01; Ky. Civ. R. 55.02; and Ky. Civ. R. 60.02

Here are some tips for writing the memorandum:

n Use the format shown in Figure 7.

n Follow the format described in your Legal Writing study unit.

n Avoid long words and legal jargon.

n Don’t overdo it—be brief and to the point, but thorough.

n Write in the active voice as much as you can.

n Check for errors of spelling, punctuation, and format.

n Be sure to include precedent using the four cases and civil rules given. Cite only these four cases and civil rules.

n Proofread and make your final editing review from a paper copy, not directly from the computer screen.

 

Memo

To: Supervising Attorney

From: Paralegal

Date: [Fill in today’s date]

Re: Brown v. Furlow, 04-CV-5887

Our File No. 5-987

Statement of Facts:

Question(s) Presented:

Answer:

Discussion:

Conclusion:

FIGURE 7—Memo Format

Lab Equipment Installations Project Management

Lab Equipment Installations Project Management Complete Both Parts for Project Management See both Part I and Part II

Lab Equipment Installations Project Management
Lab Equipment Installations Project Management

Your project’s objective is to install new lab equipment in 200 research facilities located in Washington State. You install 5 devices in each lab. The approved budget is $500,000 and the approved schedule is 14 weeks.

After 8 weeks, you have installed the equipment in 110 of the labs and you have spent $250,000.

Part I

The company responsible for the lab equipment installations is interested in knowing more than the usual budget versus costs incurred model for managing their projects. For this project, they would rather have you quantify the cost of work currently in progress. The executives understand that Earned Value is one of the most accurate techniques for measuring and controlling a project’s schedule and budget. They want you, the project manager to compare how much work has been completed against how much can be expected to be completed at a given point.

Your supervisor has given you several resources to aid in the completion of the following table. The books can be found

online through WSU Online Libraries.

https://www.pmi.org/learning/library/make-earned-v…

https://www.projecttimes.com/articles/understandin…

Managing projects as investments: earned value to business value, Stephen A. Devaux

Using Earned Value: A project manager’s guide, Alan Webb, 2003

Determine the values in the table below:

Term Value Budget At Completion

Planned Value

Earned Value

Actual Cost

Cost Variance

Schedule Variance

Cost Performance Index

Schedule Performance Index

Estimate At Completion

Estimate to Complete

Variance At Completion

Event Planning for Brand Association Improvement

Event Planning for Brand Association Improvement Produce an Event Plan that includes at least two content pages and a reference page.

Event Planning for Brand Association Improvement
Event Planning for Brand Association Improvement

1) A review of what the major goals of your event will be (These can be broad and don’t have to be measurable, For Example, The goal of this event is to improve the brand association for customers of ABC company and show that they are very high tech)

2) A discussion about what the competitive marketplace is like and how it might impact your event (Are there other events going on at the same time? What is the general economy like?)

3) A general budget for your event (Include expected income and sources and expenses, what is the expected balance when the event is done?)

4) A few general Objectives – These are measurable (For example We would like to attract 300 paying people to our event)

Operational Test and Evaluation OT and E

Operational Test and Evaluation OT and E Write a one-page SINGLE-SPACED abstract on the issues of the interactions between the Developmental Test and Evaluation (DT&E) and the Operational Test & Evaluation (OT&E) in the Test & Evaluation phase of the acquisition process.

Operational Test and Evaluation OT and E
Operational Test and Evaluation OT and E

An abstract is a single-spaced overview of an article or book in which briefly identifies the main points and conclusions of the document with as few extraneous words as possible.

The paper must be in APA format and must include any references that you use to develop your findings.

Operational Test and Evaluation OT and E Submission Instructions

ïAPA formatting: Resources and citations are formatted according to APA (6th edition) style and formatting.

ïLength of paper: ONE PAGE SINGLE-SPACED, WITH A REFERENCE PAGE

ïFont and font size: Times New Roman, 12 point,

Budgeting and Funding Project Proposal

Budgeting and Funding Project Proposal Purpose: Students will write a project proposal (professional report) that outlines the development of a program to meet the needs of the target group identified in Assignment 1.

Budgeting and Funding Project Proposal
Budgeting and Funding Project Proposal

Process: Students will write a plan for your project in the form of a professional report. The Student Learning Support website has useful information on Project assignments, this will aid the writing of a professional report.

Headings for your project plan might include the following:

  • Introduction
  • Background literature (Reference to the main points in your literature review highlighting target group need/s, and critical evaluation of response to this need to date).
  • Program objectives and rationale (what are your program’s key objective? Why is a program like this needed? This will also include a proposed method of program intervention (for example a closed password protected online support group, along with a rationale as to why you have chosen this particular method of intervention)
  • Program content (this may include topics covered in psychoeducational groups/parameters of online support groups). In your report, reference the literature as to why you are considering this content / these parameters. Brief details of program content may be put into an appendix (Appendices are not included in the word count).
  • Program resources (what resources are required to make this program run?)
  • Budgeting and funding (Provide a table in your report that costs out the resources you need to run the program. How might you fund such a program? Consider community grants/price points for participants/crowdfunding and provide a rationale for this type of fundraising)
  • Program evaluation (How will you know if your program is a success? What criteria is success judged by? How will you evaluate your program? Provide a rationale for this type of evaluation)
  • Conclusion
  • Reference List

Budgeting and Funding Project Proposal Content

  1. Quality of introduction
  2. Appropriate links to literature and theory
  3. Program overview, objectives and rationale clearly articulated and linked appropriately to the target group identified
  4. Content and relevant parameters of the program outlined and justified according to the relevant literature
  5. Program method clearly rationalized and articulated
  6. Program resources and funding requirements accurately identified by the use of a simple budget
  7. The evaluation of the program is analyzed with reference to relevant literature
  8. Appropriate conclusion

Structure, Presentation, and Referencing

  1. Main ideas clearly and logically presented
  2. Relevant research and scholarship literature used appropriately to support claims
  3. Presentation guidelines followed as specified in the learning support website (https://sls.navitasprofessional.edu.au/presentation-guidelines-apa-style) and third person writing style is applied where required
  4. The academic writing style is used, including correct spelling, grammar, and punctuation
  5. In-text referencing and reference list follows APA referencing style (6th ed.) as set out in the APA website: http://www.apastyle.org/
  6. Word count is within + or – 10% of the requirement

European Foundation for Quality Management

European Foundation for Quality Management European Foundation for Quality Management (EFQM) Excellence Model, i.e. Processes, products and services and present a report detailing and describing how the criterion is being fulfilled by your organization, department or division.

European Foundation for Quality Management
European Foundation for Quality Management

select a minimum of three criteria of the European Foundation for Quality Management (EFQM) Excellence Model, i.e. Processes, products and services and present a report detailing and describing how the criterion is being fulfilled by your organization, department or division. The final report should be:

  1. a) A written report specifically demonstrating the task. (DCT ABU Dhabi Tourism or ADNOC Company)
  2. b) The report should be between 2000 and 3000 words including everything in the report except for the cover page. Please indicate the word count on your cover page.
  3. c) 5 points reduction will be applied to the reports lower or higher than the specified word limit.
  4. d) The report should be written in font size 12 Times New Roman and with 1.5 spacing between sentences.
  5. e) The organization of the report should follow the same flow as below:
  6. Cover page (Available in LMS)
  7. Table of contents
  8. Introduction: Introduction should cover background information, the purpose of the report, selected pillars and criterion (just a list) and outline of the report. The written text should articulate the introduction very clearly and effectively.
  9. History and emergence: Overview of the selected company/department /division, demonstration of a good understanding. Detailed explanations are required in this section.
  10. Model criteria: Detailed explanations of how the selected criterion is applicable in your company/department/division.
  11. Strengths: Detailed analysis of the strengths of the company/department/division. The written text should align the reasons effectively with supporting evidence. Excellent argumentation and in-depth critical analysis must be demonstrated.
  12. Recommendations: Propose logical and realistic recommendations for the area of improvements in your company/department/division. You must clearly explain the recommendations. You should develop ideas that are conceptually strong and reveal important insights.
  13. Conclusion: Recap of the report by demonstrating the highlights.
  14. References (APA Style)

Rubrics:

Marking Criteria          Points  Weight

100%   90%     80%     70%     <70%

Introduction    10

History and Emergence          10

Model Criteria 10

Strengths 20

Recommendations 20

Conclusion      10

Logic, Organization, Consistency and coherence       15

Writing (grammar) and referencing    5

Total    100

Your Mark

 

Objectives of Project Management

Objectives of Project Management
Objectives of Project Management

Objectives of Project Management

Actual subject is project management
The research paper needs to be minimum of 2000 words. The main focus will be to identify and describe the challenges of the project in terms of the three primary objectives of Project Management (Scope, Time and Cost). It should discuss the interrelationship of these elements and how the Project Manager successfully or unsuccessfully managed them, trading off one versus the other within an environment of competition and conflict over limited resources. The paper does not have to discuss all phases or aspects of the project, but should identify sufficient components to illustrate the student’s understanding of the challenges and importance of good project management.
A 2000 word paper reviewing a real world, completed project, describing the challenges experienced by the Project Manger in balancing scope, time and cost throughout the project. Also, highlight successes and failures of the project.
You may chose one of the following projects:
Titanic
Three Gorges Dam China

We can write this or a similar paper for you! Simply fill the order form!

Project Manager Write Up for Academic Purpose

Project Manager Write Up for Academic Purpose  Below listed are the skills required for a project manager the academic subjects taken to gain theory and applications/tools that would be required to be used to complete tasks in a work environment.

Project Manager Write Up for Academic Purpose
Project Manager Write Up for Academic Purpose

The expectation is to map the academic course to the skill set required to complete a projects manager’s job with the necessary applications/tools. No references or APA required, however, plagiarism needs to be factored.

The concept behind this write up: The coursework is typical coursework that provides such skills to perform the job duties. The complexity of the tasks requires that a formal academic program in such narrow fields be required as these fields give such skills required to perform the job duties effectively.

Project Manager Write Up for Academic Purpose First Paragraph

Summary of what a project manager does.

Second Paragraph (Bullets are also fine)

How these skills impact a project managers job and which academic course helped me understand the fundamentals of this skill set. 17 skills are listed which will need to be combined with the academic course names and how they helped me understand and specialize this skill, finally, under each skill, we also add the tools are required to complete this task.

Project managers Skills

Skills

Leadership.

Motivation.

Communication.

Organization.

Prioritization.

Problem-solving.

Adaptability.

Scheduling

Risk Management

Cost Management

Critical Thinking

Task Management

Quality Management

Project Recovery

Coaching

Business Case Writing

Planning & Personal Organization

Academic Courses Names/Subjects

Business Economics

Organization and structure of Commerce

Business Organization

Fundamental Accounting and Advanced Accounting

Auditing

Cost Accounting

Banking Theory and Practice

Tax and Employment Laws

Principles & Practice of Management

Marketing Management

Human Resource Management

International Business

Business Ethics

Operation Management

Management Theory

Applied Critical Thinking

Managing People in International Setting

Benefits Administration

Conflict Resolution

Managing the Employment Function

Strategic Human Resource Management

Performance Management

Management Development Methods and Strategies

Applications/Tools

MS Office

Google

Slack

Skype

Visio

Smartdraw

GanttPro

Product Breakdown Structure

Work breakdown Structure

Ms Project Online

Asana

Trello

Quip

JIRA

HRIS/Workday/People Soft