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A district judge in California denied Netflix's attempt to have actress Mo'Nique's discrimination case against them dismissed on Wednesday and said the lawsuit can move forward.The decision was made in the Central District Court in California by U.S. District Judge Andrè Birotte, Jr.Mo'Nique is alleging that Netflix discriminated against her because of her race and gender by offering her a "lowball offer" to perform a one-hour comedy special and then retaliated against her when they “dug its heels in the ground” and refused to negotiate fair pay with her, according to court documents.In his decision, Judge Birotte said that Mo'Nique's allegations are "plausible.""Mo’Nique raises a novel theory here, namely that an employer’s failure to negotiate an “opening offer” in good faith, consistent with its alleged customary practice which typically leads to increased compensation, constitutes an “adverse employment action” for purposes of a retaliation claim," the judge noted.In her lawsuit, which she filed last year, the Oscar-winning actress says she the streaming service offered 0,000, but claimed they paid comedian Amy Schumer "twenty-six times more than her for the same one-hour comedy special on grounds that Schumer had sold out Madison Square Garden and had a recent movie released.""Regardless of whether the plaintiff will ultimately prevail on (her) claims, dismissing this case under Rule 12(b)(6) is not appropriate," the judge said in his decision. "The plaintiff’s complaint may raise a novel issue, but that does not justify dismissing it at this stage."You can read the entire court documents below: Actress Mo'Nique's discrimination case against Netflix moving forward, judge rules by Sarah Dewberry on Scribd 1751
A GOP coronavirus relief package faces dire prospects in a Senate test vote, and negotiators involved in recent efforts to strike a deal that could pass before the November election say they see little reason for hope.Instead, it’s looking increasingly likely that all Congress will do before the election is pass legislation that would avoid a federal shutdown as lawmakers head home to campaign.Senate Majority Leader Mitch McConnell, R-Ky., said he was “optimistic” that Republicans would deliver strong support for the GOP’s 0 billion slimmed-down COVID-19 rescue package in Thursday’s procedural vote, but a Democratic filibuster is assured. Democrats have indicated they will shelve the Republican measure as insufficient, leaving lawmakers at an impasse.There’s no indication yet that bipartisan talks that crumbled last month will restart.“Unless something really broke through, it’s not going to happen,” said Sen. Richard Shelby, R-Ala., chairman of the Senate Appropriations Committee.The stalemate is politically risky for all sides heading into the fall election, which will decide not only the presidency, but also control of Congress.While nationwide coronavirus cases appear to be at a plateau, there is still widespread economic hardship and social unease in homes, schools and businesses affected by closures. Experts warn that infections are expected to spike again if Americans fail to abide by public health guidelines for mask-wearing and social distancing, especially amid colder weather and flu season.McConnell said Democrats have not backed off what he said were unreasonable demands. He accused Democrats of acting as though it is to their political advantage to deny Republicans and President Donald Trump a victory on the virus so close to Election Day. Without Democratic votes, the GOP bill cannot reach the threshold needed to advance the aid plan.“They do not want any bipartisan relief,” McConnell said.But the top Democrat, Sen. Chuck Schumer of New York, said Republicans are “so out of touch.” He predicted Republicans and the White House “may yet be forced to come back to the table because COVID is the major issue that’s facing the American people.”The stalemate has left McConnell and Republicans to say that they support a short-term spending measure, called a continuing resolution, or CR, that would avert a government shutdown at month’s end and set up a post-election lame-duck session to deal with any unfinished Capitol Hill legislation, which could include coronavirus relief.“My guess would be that if we leave in September with a CR, we will not come back to do anything before the election,” said Sen. Roy Blunt, R-Mo.Shelby said lawmakers from both parties want to return home to campaign rather than stick around Washington.Schumer said he has not decided whether to support a December date for a stopgap measure. Some Democrats, confident about presidential nominee Joe Biden’s prospects in November, want to push unfinished spending bills into next year and therefore avoid dealing with Trump in December. The nation’s longest-ever government shutdown unfolded as 2018 turned into 2019.The Republican measure headed for a test vote Thursday would:— Provide 5 billion to help schools reopen.— Enact a shield against lawsuits for businesses and others moving ahead to reopen.— Create a scaled-back 0-per-week supplemental jobless benefit.— Write off billion in earlier debt at the U.S. Postal Service.— Set aside billion for a coronavirus vaccine, billion for virus testing and billion to help child care providers reopen.— Provide billion for farmers.— Devote 8 billion for a second round of paycheck protection subsidies.But it does not contain a new round of ,200 direct payments going out under Trump’s name, and the new 0 weekly jobless benefit would expire just after Christmas, on Dec. 27. The GOP bill also lacks money for election security that lawmakers from both parties have supported.Democrats say the GOP bill is far too small and leaves out important priorities, including hundreds of billions of dollars for state and local governments, more generous jobless benefits, and help for renters and homeowners, along with other provisions in the House Democrats’ .5 trillion relief bill that passed in May. 4318
A convicted felon was arrested Friday morning after he broke into a random apartment and was discovered sleeping on a Rittman couple's couch, police said.Eric Branhan, 36, is charged with aggravated burglary.Police said Branham crawled through a window, busted some blinds and entered the apartment. He ate several pieces of candy from an Easter basket and then fell asleep on a living room couch.The couple who lives there, Jaclyn Fortner and Derek Jenkin, made the creepy discovery just after 6 a.m. local time."We kept saying like, 'Who are you? What are you doing?' And, no response, Fortner said.Jenkin continued to scream at the man while on the phone with a 911 operator."Get out of here! Let's go! Come on!"Police said Branham left the apartment but lingered around the complex and was arrested.Officers found two knives and prescription medication on the suspect."It's kind of scary, especially thinking what's out there, so he could have woke up angry and like escalated the situation," Fortney said.According to state records, Branham has spent time in prison for forgery, possession of drugs, illegal possession of drugs and burglary.Branham was on post release control following his release from prison in 2017.Rittman is located in northeast Ohio, about an hour south of Cleveland. 1335
A changing of the seasons has ushered in a change of a different kind for day cares across the country.Father Stephen Lundrigan has overseen Annunciation Parish for the last three years. For the last three decades, the church here has run The Caring Place, a day care that has seen generations of children come through.“It’s developed a tremendous amount of trust with the families that have sent their children there,” he said. “That’s evidence by children who have gone there end up sending their children.”But in two weeks, the playgrounds at The Caring Place will no longer be filled with kids, because the day care is closing.Day cares across the country are facing similar hardships.Most had to shut down during the spring. Unlike schools, they couldn’t provide care virtually. Day cares that have reopened have seen enrollment numbers plummet, as many parents who are working from home and don’t need child care.With nearly 18 million Americans also out of work, some families simply can’t afford daycare anymore.“I’s not just about business. If we could run it at a ,000 loss, we would, but we can’t,” said Father Lundrigan.By some estimates, a staggering 50 percent of child care providers throughout the country could close permanently by the end of the year.Capacity limits due to COVID-19 safety procedures have limited the total number of kids many places can care for. U.S. day cares also lack any kind of public funding.“Even before the pandemic, parents were struggling to afford and find child care, and this may make that worse,” said Elizabeth Davis, an economist with the University of Minnesota.Davis says without some kind of federal aid, an untold number of day cares nationwide will permanently close, and it could have long-term impacts on families and the economy.“It’s shown us how important child care is to our modern economy and it’s part of the infrastructure, and so yes, this is a sector that needs some of that support,” Davis explained.It’s just another layer of uncertainty as families try to navigate the pandemic. 2062
A Delavan, Wisconsin woman thought she was gaining weight, but it turned out to be something much more serious. Tina Ferguson had 30 pounds of tumors in her stomach from a rare type of cancer.“I just thought it was middle age and weight gain," said Ferguson. "You have no idea you have something inside you that is killing you."A trip to the doctor gave her a diagnosis of ovarian cancer that was possibly benign. But when the doctor's opened her up to remove it they found something unexpected."I will never forget them coming in the room and saying, 'This is stage 4. You have appendix cancer,'" Ferguson said.On top that, it had ruptured attaching tumors to other organs and leaving a jelly-like substance called mucin in the lining of her abdomen. There was 30 pounds of it inside of Ferguson pushing on her organs."This is the mucin and tumor that's present inside of the abdomen before Tina had her operation," said Dr. Harvershp Mogal, a cancer surgeon at the Medical College of Wisconsin.It took doctors 12 hours to remove all the tumors and mucin. The rare cancer used to come with a very low survival rate. Ferguson was first told she only had months to live.However, Froedtert & the Medical College of Wisconsin used a new kind of chemotherapy called Hyperthermic intraperitoneal chemotherapy (HIPEC) to wash the tumors out."I basically give the patient a heated chemotherapy wash for about 90 minutes. The chemotherapy is heated to 108 Fahrenheit and what the chemotherapy does it takes care of any minute cancer cells that we can't see," said Mogal.Mogal said Ferguson is now cancer-free, just six months later."It's changed my entire outlook on life. You know almost dying, you can't take anything for granted. Every day is a gift," said Ferguson. 1798