text:
Van Vechten et al v. Elenson et al
Filing 50
ORDER ON MOTIONS TO DISMISS: granting in part 8 Media Defendants' Motion to Dismiss; granting 32 2MuchStuff4Me's Motion to Dismiss; and denying 33 Elenson's Motion to Dismiss for Lack of Personal Jurisdiction. Plaintiffs are given leave to amend. The Amended Complaint must be filed by 2/8/2013. See attached ORDER for details. Signed by Judge Robert N. Scola, Jr. on 1/28/2013. (jky)
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 12-80668-Civ-SCOLA JAN VAN VECHTEN, et al., Plaintiffs, vs. BRIAN ELENSON, et al., Defendants. _____________________________________/ ORDER ON MOTIONS TO DISMISS THIS MATTER is before the Court upon the Motion to Dismiss for Lack of Personal Jurisdiction [ECF No. 33], filed by Defendant Brian Elenson ("Elenson"), and the Motions to Dismiss for Failure to State a Claim [ECF Nos. 8, 32], filed by Defendants Atlas Media Corporation ("Atlas Media"), Bruce David Klein ("Klein"), Time Warner Inc. ("Time Warner"), Turner Broadcasting System, Inc. ("Turner Broadcasting"), and Courtroom Television Network, LLC ("TruTV") (together, the "Media Defendants) and by Defendant 2MuchStuff4Me, Inc. ("2MuchStuff4Me"). For the reasons set forth below, Elenson's Motion is denied, the Media Defendants' Motion is granted in part, and 2MuchStuff4Me's Motion is granted. Plaintiffs Jay and Lowell Van Vechten (the "Van Vechtens") shall be given leave to file an Amended Complaint consistent with this Order. Factual Allegations This lawsuit arises from an estate sale that went awry when Elenson and his company, 2MuchStuff4Me, allegedly stole countless valuable objects from the Van Vetchens' home in Palm Beach County, Florida. Atlas Media is a television reality show production provider for numerous programs and networks, including TruTV. Compl. ¶ 12. In late 2010, the Van Vechtens contacted Atlas Media after learning that it was in search of a Florida home for an estate sale to be filmed for a reality television program on TruTV. Id. ¶ 10. The Van Vechtens agreed to allow Atlas Media to bring in a production crew to film the estate sale, which would be conducted by Elenson and his company, 2MuchStuff4Me. Id. ¶ 13. Atlas Media agreed to handle all aspects of the sale, including promotion, advertising, set up, take down, selling, and clean up. Id. ¶ 11. The Van Vechtens were to be paid 70% of the proceeds from the estate sale, and were promised a minimum of $250,000 by Elenson. Id. ¶¶ 11, 16. From February 7, 2011 to February 15, 2011, Elenson, his staff, and the Atlas Media crew "took over" the Van Vechten home for the estate sale. Id. ¶ 15. The Van Vechtens put up for auction, and turned over to Elenson, property – including jewelry and fine art – valued at $400,000. Id. ¶ 17. The Van Vetchens were sent to a hotel during the filming and were not permitted to attend the sale, enter their house, or otherwise participate other than to secure personal belongings and tag any items they did not want sold. Id. ¶ 14. Elenson did not maintain any records or receipts of the sales transactions, and the Van Vechtens were presented with only $53,318 in proceeds from the auction. Id. ¶ 18. After the filming was complete, the Van Vechtens found many valuable items from their home missing and unaccounted for. Id. ¶ 21. In the days that followed, the Van Vechtens also learned from "dozens of people" of various irregularities observed during the auction – namely, that nothing was priced at the sale, that Elenson had questionable knowledge of the antiques, art, and jewelry being sold, and that security was lax or absent during the filming. Id. ¶¶ 19, 20. On the day the program was scheduled to air, May 17, 2011, the Van Vechtens learned from an "anonymous call" that Elenson had stolen many of their belongings and placed them in a warehouse. Id. ¶ 22. When the Van Vechtens watched the show, they saw numerous objects sold for a fraction of their value and were "stunned" to see several of the sales were staged for television and that the items actually remained in their home. Id. ¶ 23. At the program's end, Elenson announced into the camera that the auction had generated $192,628 in sales. Id. ¶ 24. Yet, the Van Vechtens were allegedly given only $53,318, as opposed to the 70% of total sales they were promised. Id. The Complaint sounds in seven counts. Counts I and II allege conversion and civil theft against Elenson; and Counts III, IV, V, VI, and VII allege negligent selection of Elenson by Atlas Media, Klein, Time Warner, Turner Broadcasting, and TruTV. While Elenson's company, 2MuchStuff4Me, is named as a Defendant in the Complaint, no causes of action are asserted against it. Elenson, a citizen of New York, moves to dismiss for lack of personal jurisdiction under Federal Rule of Civil Procedure 12(b)(2), while the Media Defendants move to dismiss for failure to state a claim under Rule 12(b)(6). 2MuchStuff4Me moves to dismiss under Rule 12(b)(6) on the grounds that it is not named in any of the counts in the Complaint. Legal Standards A. Motion to Dismiss for Lack of Personal Jurisdiction Federal Rule of Civil Procedure 12(b)(2) governs motions to dismiss for lack of personal jurisdiction. "A court must dismiss an action against a defendant over which it has no personal jurisdiction." Verizon Trademark Servs., LLC v. Producers, Inc., 810 F. Supp. 2d 1321, 1323-24 (M.D. Fla. 2011) (Hernandez Covington, J.). To withstand a motion to dismiss, the plaintiff must plead sufficient facts to establish a prima facie case of jurisdiction over the non-resident defendant's person. Virgin Health Corp. v. Virgin Enters. Ltd., 393 F. App'x 623, 625 (11th Cir. 2010). The district court must accept the facts alleged in the complaint as true, to the extent they are uncontroverted by the defendant's affidavits. See Consol. Dev. Corp. v. Sherritt, Inc., 216 F.3d 1286, 1291 (11th Cir. 2000). If the defendant sustains its burden of challenging the plaintiff's allegations through affidavits or other competent evidence, the plaintiff must substantiate the jurisdictional allegations in the complaint by affidavits, testimony, or other evidence of his own. Future Tech. Today, Inc. v. OSF Healthcare Sys., 218 F.3d 1247, 1249 (11th Cir. 2000). The plaintiff must do more than "merely reiterate the factual allegations in the complaint." Id. (quoting Prentice v. Prentice Colour, Inc., 779 F. Supp. 578, 583 (M.D. Fla. 1991) (Kovachevich, J.)). Where the evidence conflicts, however, the district court must construe all reasonable inferences in favor of the plaintiff. See PVC Windoors, Inc. v. Babbitbay Beach Const., N.V., 598 F.3d 802, 810 (11th Cir. 2010). "If such inferences are sufficient to defeat a motion for judgment as a matter of law, the court must rule for the plaintiff, finding that jurisdiction exists." Id. "Whether the court has personal jurisdiction over a defendant is governed by a two-part analysis." Verizon Trademark Servs., 810 F. Supp. 2d at 1324. First, the court must determine whether the applicable state long-arm statute is satisfied. Future Tech. Today, 218 F.3d at 1249. "When a federal court uses a state long-arm statute, because the extent of the statute is governed by state law, the federal court is required to construe it as would the state's supreme court." Lockard v. Equifax, Inc., 163 F.3d 1259, 1265 (11th Cir. 1998); see also Stubbs v. Wyndham Nassau Resort & Crystal Palace Casino, 447 F.3d 1357, 1361 (11th Cir. 2006). Second, if the state long-arm statute is satisfied, the court must analyze "whether the exercise of jurisdiction over the defendant comports with the Constitution's requirements of due process and traditional notions of fair play and substantial justice." Verizon Trademark Servs., 810 F. Supp. 2d at 1324; Sculptchair, Inc. v. Century Arts, 94 F.3d 623, 626 (11th Cir. 1996). B. Motion to Dismiss for Failure to State a Claim When considering a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6), the Court must accept all of the Complaint's allegations as true, construing them in the light most favorable to the plaintiff. Pielage v. McConnell, 516 F.3d 1282, 1284 (11th Cir. 2008). Under Federal Rule of Civil Procedure 8, a pleading need only contain "a short and plain statement of the claim showing that the pleader is entitled to relief." Fed. R. Civ. P. 8(a)(2). The plaintiff must nevertheless articulate "enough facts to state a claim to relief that is plausible on its face." Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). "A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Ashcroft v. Iqbal, 129 S. Ct. 1937, 1949 (2009). "Threadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice." Id. Thus, a pleading that offers mere "labels and conclusions" or "a formulaic recitation of the elements of a cause of action" will not survive dismissal. Id. In applying the Supreme Court's directives in Twombly and Iqbal, the Eleventh Circuit has provided the following guidance to the district courts: In considering a motion to dismiss, a court should 1) eliminate any allegations in the complaint that are merely legal conclusions; and 2) where there are well-pleaded factual allegations, assume their veracity and then determine whether they plausibly give rise to an entitlement to relief. Further, courts may infer from the factual allegations in the complaint obvious alternative explanation[s], which suggest lawful conduct rather than the unlawful conduct the plaintiff would ask the court to infer. Kivisto v. Miller, Canfield, Paddock & Stone, PLC, 413 F. App'x 136, 138 (11th Cir. 2011) (citations omitted). "This is a stricter standard than the Supreme Court described in Conley v. Gibson, 355 U.S. 41, 45-46 (1957), which held that a complaint should not be dismissed for failure to state a claim 'unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.'" Mukamal v. Bakes, 378 F. App'x 890, 896 (11th Cir. 2010). Legal Analysis When called upon to decide both jurisdictional and substantive challenges to the plaintiff's complaint, "district courts should, as an initial matter, address any personal jurisdiction arguments raised by defendants." See Mother Doe I v. Al Maktoum, 632 F. Supp. 2d 1130, 1134 (S.D. Fla. 2007) (Altonaga, J.); see also Madara v. Hall, 916 F.2d 1510, 1513-14 (11th Cir. 1990). Accordingly, the Court will first address Elenson's challenge to personal jurisdiction, followed by the other Defendants' substantive arguments for dismissal. A. Personal Jurisdiction Over Elenson The Court finds that Elenson is subject to personal jurisdiction here. Florida's long-arm statute provides for specific personal jurisdiction over a non-resident defendant as follows: Any person, whether or not a citizen or resident of this state, who personally or through an agent does any of the acts enumerated in this subsection thereby submits himself or herself and, if he or she is a natural person, his or her personal representative to the jurisdiction of the courts of this state for any cause of action arising from the doing of any of the following acts: *** (b) Committing a tortious act within this state. See Fla. Stat. § 48.193(1)(b). In plain English, this provision permits the exercise of specific personal jurisdiction over a defendant "for any cause of action arising from" his tortious conduct committed in Florida. See id. Elenson argues that this provision does not apply because the allegations of the Complaint do not concern his personal conduct, but rather his conduct as an agent of 2MuchStuff4Me. See Elenson Mot. at 5-6. According to Elenson, agents who engage in business on behalf of their principals are not acting personally for purposes of the Florida long-arm statute. See id. (citing Excel Handbag Co. v. Edison Bros. Stores, 428 So. 2d 348, 350 (Fla. 3d DCA 1983)). This argument fails to persuade. The Complaint clearly paints Elenson as a tortfeasor personally. Indeed, the Van Vetchens specifically allege that Elenson "along with his company" conducted the estate sale and that he converted and stole their belongings. Compl. ¶¶ 13, 15, 17, 22, 24, 25-28, 29-41. The Complaint does not say that he did these acts as an agent of 2MuchStuff4Me. Accordingly, the Court finds that the Van Vechtens have pled a prima facie case of personal jurisdiction over Elenson, which can only be overcome through contrary affidavits or other evidence. See, e.g., Posner v. Essex Ins. Co., Ltd., 178 F.3d 1209, 1214 (11th Cir. 1999). While Elenson has submitted an affidavit, it does not controvert the allegations that he committed a tortious act in Florida. The bulk of the affidavit is devoted to disclaiming any business or personal contacts with Florida, see Elenson Aff. ¶¶ 2-10, but that does not defeat personal jurisdiction where it is founded on tortious conduct. See Edelstein v. Marlene D'Arcy, Inc., 961 So. 2d 368, 371 (Fla. 4th DCA 2007) (affidavits did not "dispute the complaint's allegations that [defendants] committed tortious acts in Florida," where the affidavits only addressed whether defendants "do business in Florida or have any Florida contacts"). Further, Elenson's averment that he has "never committed a tort, in whole or in part, within the state of Florida," see Elenson Aff. ¶ 8, is a mere legal conclusion that does not defeat jurisdiction. See, e.g., Acquadro v. Bergeron, 851 So. 2d 665, 672 (Fla. 2003) (defendant's affidavit stating that "I did not make defamatory statements about [plaintiff]" amounted to mere "legal conclusion that the content of [defendant's] statement was not defamatory," and was "insufficient to shift the burden to [plaintiff] to demonstrate that jurisdiction was proper"). Nor does it matter that, according to the affidavit, the Van Vechtens contracted only with 2MuchStuff4Me and that Elenson conducted the estate sale solely in his capacity as an officer of 2MuchStuff4Me. See Elenson Aff. ¶¶ 12, 13. As the Florida Supreme Court recently made clear in Kitrose v. Hurt, 85 So. 3d 1084, 1089-90 (Fla. 2012): Our precedent and the statutory language of [Florida's long-arm statute] have never suggested that an actor who is present in Florida and commits tortious acts in-state is excepted from personal jurisdiction [merely] because he or she works on behalf of a corporation. . . . Where an individual, nonresident defendant commits negligent acts in Florida, whether on behalf of a corporate employer or not, the corporate shield doctrine does not operate as a bar to personal jurisdiction in Florida over the individual defendant. Jurisdiction properly applies to "any person" who commits torts "within this state." The court explained that the so-called "corporate shield" doctrine is triggered only where the defendant is a nonresident corporate officer or employee who works solely outside of Florida, commits no physical acts in Florida, and has no personal connection with Florida. See id. at 1089. In such a case, personal jurisdiction will not lie over the defendant for acts undertaken in his capacity as agent. See id. But that is not the situation presented here, because here Elenson came to Florida and allegedly stole from the Van Vechtens in the course of conducting the estate sale in Palm Beach County. Compl. ¶¶ 15, 21, 22, 25-28, 29-41. To refute the Complaint's allegations, Elenson would have to aver that he never entered the state of Florida and that any tortious conduct felt here was done from afar solely in his capacity as an agent of 2MuchStuff4Me. His affidavit makes no such claim, however. In fact, Elenson admits that he physically went to the Van Vechtens home in Florida to perform the estate sale. See Elenson Aff. ¶ 13. That he purportedly did so solely as an officer of 2MuchStuff4Me is of no moment. "The explicit language of section 48.193(1)(b) clearly establishes that if one is personally present in Florida and commits a tort in Florida, one is subject to the personal jurisdiction of Florida courts," and "whether [the defendant acts] on behalf of a corporate employer or not, the corporate shield doctrine does not operate as a bar to personal jurisdiction in Florida over [him]."1 See Kitrose, 85 So. 3d at 1089-90. Simply put, Elenson has failed to controvert the Complaint's allegations subjecting him to personal jurisdiction. See id. at 1090 ("plaintiffs allege that [the corporation's] employees acted tortiously within Florida, and the [corporate] employees do not refute these allegations"). As such, the Van Vechtens were not required to come forward with countervailing affidavits or evidence of their own.2 See, e.g., Whitney Info. Network, Inc. v. Xcentric Venture, LLC, 199 F. App'x 738, 74243 (11th Cir. 2006) (defendant's affidavit shifts the burden back to plaintiff to support jurisdictional allegations with evidence "only when the defendant's affidavit is legally sufficient to effect the shift"); Acquadro, 851 So. 2d at 672 (where defendant's declaration did not sufficiently counter jurisdictional allegations, "the burden remained on her" and did not shift back to the plaintiff). The only other argument that Elenson offers is that "a plaintiff is not permitted to bootstrap jurisdiction over a nonresident defendant simply by taking an ordinary breach of contract claim against a corporation and inappropriately couching it as counts of conversion and/or civil theft by a corporate officer." See Elenson Mot. at 6. According to Elenson, the conversion and civil theft counts fail to state a claim because they really are just seeking money allegedly due under the parties' contract. This argument is mistaken. While Elenson states in his affidavit that the Van Vechtens contracted with 2MuchStuff4Me and not him personally, see Elenson Aff. ¶ 12, and while the Van Vechtens allege that they were not paid the promised 70% of auction proceeds, see Compl. ¶ 24, it is 1 In light of Kitrose, Elenson's reliance on Excel Handbag v. Edison Bros. Stores, 428 So. 2d 348, 350 (Fla. 3d DCA 1983), is misplaced. To the extent Excel Handbag, a 1983 decision from the Third District Court of Appeal, conflicts with Kitrose, a 2012 decision from the Florida Supreme Court, the latter obviously prevails and must be followed by this Court. See Pardo v. State, 596 So. 2d 665, 666 (Fla. 1992) (decisions of the district courts of appeal represent the law of Florida unless and until they are overruled by Florida Supreme Court). In his reply, however, Elenson clarifies that he intended to cite Excel Handbag only for the proposition that "engaging in 'business' by an individual employee on behalf of a corporation does not subject the individual employee to jurisdiction for conducting the 'business' in Florida." See Elenson Reply at 5 n.1. That proposition is fine as far as it goes, but as should be clear by now, this case does not solely concern a business deal gone sour. Instead, it involves allegations that Elenson engaged in intentional tortious conduct. 2 Elenson's failure to include any specific, relevant factual denials in his affidavit separates this case from the Eleventh Circuit's decision in United Technologies Corp. v. Mazer, 556 F.3d 1260, 1277 (11th Cir. 2009), upon which he relies. Elenson cites United Technologies for the proposition that statements in an affidavit will only infrequently be deemed too conclusory to shift the burden back to the plaintiff to submit further evidence in support of jurisdiction. See Elenson Reply at 4-5. While this Court does not agree with Elenson's reading of that case, it is quite clear his affidavit is nothing like the one offered by the defendant there. That defendant offered specific factual denials of the allegations underlying the alleged tortious conduct, see United Techs. Corp., 556 F.3d at 1277, whereas here Elenson does not. He merely states that he committed no tort in Florida, see Elenson Aff. ¶ 8, without denying in any way that he came to Florida or that he stole from the Van Vetchens. That will not do. quite plain that the conversion and civil theft counts do not rest solely on a contractual non-payment theory. Rather, those counts also rest on the allegations that Elenson himself stole property "in the form of jewelry, works of art, and countless other objects." Compl. ¶¶ 21, 22, 31. Such allegations adequately distinguish this case from Bedford Trucking Co. v. Zagar, 243 So. 2d 646, 648 (Fla. 4th DCA 1971), and similar decisions holding that conversion and theft claims cannot be maintained if based solely on the failure to satisfy a general monetary indebtedness under a contract. Cf. Colonial Penn Ins. Co. v. Value Rent-A-Car Inc., 814 F. Supp. 1084, 1098 (S.D. Fla. 1992) (Moreno, J.) ("where a contractual relationship exists, the alleged loss which results from the theft, must be separate and distinct from any loss alleged to have resulted from the breach of contract"). Thus, this is not an ordinary contract case masquerading as a tort case, so as to change the personal jurisdictional calculus under Florida's long-arm statute. Having found Florida's long-arm statute satisfied, the only question remaining is whether the exercise of jurisdiction over Elenson comports with the due process requirements of the Fourteenth Amendment. See Posner, 178 F.3d at 1220; Robinson v. Giarmarco & Bill, P.C., 74 F.3d 253, 25859 (11th Cir. 1996). There is no due process problem so long as "minimum contacts" exist between Elenson and Florida and exercising jurisdiction over him does not offend "traditional notions of fair play and substantial justice." See Posner, 178 F.3d at 1220. In order for there to be sufficient "minimum contacts," three criteria must be met. Sculptchair, 94 F.3d at 631. First, Elenson's contacts with Florida must be related to the Van Vechtens' claims or have given rise to them. Id. Second, the contacts must involve some purposeful availment of the privilege of doing business in Florida, thereby invoking the benefits and protections of its laws. Id. Finally, Elenson's contacts with Florida must be such that he could reasonably anticipate being haled into court here. Id. On the record before the Court, each of these requirements is satisfied. First, Elenson's contacts with Florida form the basis for, and directly relate to, the Van Vechtens' conversion and civil theft claims. Indeed, these claims arise from Elenson's work during the estate sale at the Van Vechtens home in Florida and his alleged theft of their property while there. Second, Elenson purposefully availed himself of the benefits of doing business in Florida. Indeed, he came to Florida to conduct, and film, an estate sale at the Van Vechtens home as part of his reality television show. As such, Elenson's contacts clearly did not reach Florida haphazardly, by some attenuation or accident beyond his anticipation or control. See Ben M. Hogan Co., Inc. v. QDA Inv. Corp., 570 So. 2d 1349, 1351 (Fla. 3d DCA 1990). Third, it was imminently foreseeable that Elenson might be haled into Florida court if he stole property belonging to Florida residents, from their Florida home, while he was physically in Florida. See S.E.C. v. Carrillo, 115 F.3d 1540, 1547 (11th Cir. 1997). Thus, the Court finds that Elenson has sufficient "minimum contacts" with Florida. His affidavit's averment to the contrary – "I purposely have not established minimum contacts with Florida," see Elenson Aff. ¶ 15 – is a mere legal conclusion that is, once again, simply insufficient to defeat jurisdiction. See Acquadro, 851 So. 2d at 672; Carrillo, 115 F.3d at 1547. The same holds true of Elenson's claim that "[t]he Court's exercise of jurisdiction over me will offend traditional notions of fair play and substantial justice." See Elenson Aff. ¶ 15. That statement is meaningless here. See Acquadro, 851 So. 2d at 672; Carrillo, 115 F.3d at 1547. Contrary to Elenson's claim, the Court in fact finds that the exercise of personal jurisdiction over him comports with traditional notions of "fair play and substantial justice." See Oldfield, 558 F.3d at 1221. In reaching this conclusion, the Court has considered the burden on Elenson of defending suit in Florida; Florida's interest in adjudicating the suit; the Van Vechtens' interest in obtaining effective relief; and the interests of the interstate judicial system in using resources efficiently. As this Court has said before, "generalized inconvenience of litigating in a foreign forum is typically not sufficient to establish that the exercise of jurisdiction is constitutionally unreasonable." H.E.R.O., Inc. v. Self, 2012 WL 1802431, at *6 (S.D. Fla. May 17, 2012) (Scola, J.) (quoting Savage Universal Corp. v. Grazier Const., Inc., 2004 WL 1824102, at *11 (S.D.N.Y. Aug. 13, 2004)). While Elenson may incur travel costs to Florida, this fact deserves little weight because modern conveniences have mostly ameliorated the burdens of defending suit away from home. See Sculptchair, 94 F.3d at 632 ("modern methods of transportation and communication have significantly ameliorated [the defendant's] burden" of defending suit elsewhere). Indeed, the fact that Elenson apparently had little trouble coming here to perform the estate sale suggests that travel in the course of the litigation will not prove too burdensome. See Except'l Urgent Care Ctr. I, Inc. v. Protomed Med. Mgmt. Corp., 2009 WL 1370818, at *10 (M.D. Fla. May 14, 2009) (Hodges, J.) ("The fact that [defendant] was able to travel to Florida to assist with training and correct the alleged software defects also demonstrates that access to Florida is not overly burdensome."). Moreover, whatever mild inconveniences Elenson may experience in terms of occasional travel to Florida are also heavily outweighed by other factors. Florida clearly has a strong interest in affording a forum for relief to Florida citizens, such as the Van Vechtens, who were allegedly injured in Florida by a defendant visiting Florida. See id. In addition, Elenson has made no showing that the interests of judicial and litigant economy fairly require adjudication of this dispute elsewhere. Taken together, these considerations show that asserting personal jurisdiction over Elenson comports with constitutional notions of "fair play and substantial justice." See Oldfield, 558 F.3d at 1221. Thus, in sum, because the requirements of Florida's long-arm statute and due process are satisfied, the Court may exercise personal jurisdiction over Elenson. B. Negligent Selection Claim Against the Media Defendants The Court finds that the Complaint, on the whole, adequately pleads negligent selection against Atlas Media, but not against the other Media Defendants. In seeking dismissal, the Media Defendants initially point out that the Complaint fails to allege that Klein, Time Warner, or Turner Broadcasting had any involvement in the selection of Elenson. See Media Def. Mot. at 8-9; Reply at 6. The Court agrees that the allegations against Klein, Time Warner, and Turner Broadcasting are insufficient. Indeed, the Complaint contains no factual allegations about these Media Defendants other than facts about their incorporation and places of business, and their ties to Florida. Compl. ¶¶ 4, 7, 8, 9. Importantly, the Complaint does not allege that they had any role in the estate sale or in selecting Elenson to carry it out. Obviously, there can be no duty, and thus no negligent selection claim, against Klein, Time Warner, and Turner Broadcasting, where the Complaint does not allege that they had even the slightest role in selecting Elenson. The same holds true with respect to TruTV. While the Complaint alleges that TruTV aired the estate sale, it does not suggest that TruTV had any role in hiring Elenson. Compl. ¶¶ 12, 22, 23, 24. As such, the negligent selection claims against these Media Defendants will all be dismissed without prejudice, leaving only the negligent selection claim against Atlas Media.3 See, e.g., Glenn v. Lambdin, 2006 WL 2620268, at *4 (M.D. Fla. Sept. 12, 2006) (Steele, J.). As to Atlas Media, the Media Defendants argue that the allegations fail to state a claim. They contend that Florida has adopted the elements of a negligent selection claim as set forth in section 411 of the Restatement (Second) of Torts, which imposes liability only for "physical harm" to persons or property. See Media Def. Mot. at 5-6. According to the Media Defendants, in this case such harm is missing because the Van Vechtens have not alleged "that they or any of their property involved in the estate sale sustained 'physical harm'" as a result of the alleged negligence. See id. at 5. Instead, they say, the Van Vechtens "allege only 'financial injury' arising from Elenson's alleged failure to sell as much as he promised, failure to pay [them] the 'promised 70% of total sales,' and his alleged conversion of some sale items to his warehouse.'" See id. 3 The Van Vechtens admit they have not alleged sufficient facts as to Klein, Time Warner, Turner Broadcasting, and TruTV, and request leave to do so. The Court will permit them an opportunity to amend. As an initial matter, this Court does not agree that Florida requires "physical harm" as a prerequisite to liability for negligent selection. The Florida decisions relied upon by the Media Defendants do not so hold, as even they concede. See Media Def. Reply at 2 ("It is true that no Florida appellate court has decided whether a claim for negligent selection of a contractor can be used as a vehicle to recover damages that do not qualify as 'physical harm.'"). In Davies v. Commercial Metals Co., 46 So. 3d 71, 73 (Fla. 5th DCA 2010), the court identifies the Restatement as "[t]he basis for a negligent selection claim," but does not include a requirement of "physical harm" among the claim's elements. Instead, the court states that where an independent contractor has been hired "(a) to do work involving a risk of harm unless skillfully and carefully done, or (b) to perform any duty owed by the employer to third persons," a negligent selection claim will lie if the plaintiff alleges and proves that: (1) the contractor was incompetent or unfit to perform the work; (2) the employer knew or reasonably should have known of the particular incompetence or unfitness; and (3) the incompetence or unfitness was a proximate cause of the plaintiff's injury. See id. at 73-74. The court does not say that persons or property must endure "physical harm," as that term is used in the Restatement. Nor does one find that requirement in Suarez v. Gonzalez, 820 So. 2d 342 (Fla. 4th DCA 2002), the other Florida decision cited by the Media Defendants. Recognizing that no Florida case has explicitly required a showing of "physical harm," the Media Defendants turn to out-of-state cases. See Media Def. Mot. at 6 (citing Transmedia Network, Inc. v. Countrywide Bus. Alliance, 2002 WL 31151623, at *6-*9 (Cal. Ct. App. Sept. 27, 2002); McDonnell v. Music Stand, Inc., 886 P.2d 895, 900 (Kan. Ct. App. 1994); Gurnsey v. Conklin Co., 751 P.2d 151, 158 (Mont. 1998)). While those decisions show that some jurisdictions expressly impose a "physical harm" element, it does not follow that this Court should do so. This Court must apply Florida law as interpreted by Florida courts. See Veale v. Citibank, F.S.B., 85 F.3d 577, 580 (11th Cir. 1996) ("In matters of state law, federal courts are bound by the rulings of the state's highest court. If the state's highest court has not ruled on the issue, a federal court must look to the intermediate state appellate courts.") (citation omitted). While the Media Defendants correctly argue that "a federal court attempting to forecast state law" on a matter of first impression "may consider the case law of other jurisdictions," see Guideone Elite Ins. Co. v. Old Cutler Presbyterian Church, Inc., 420 F.3d 1317, 1326 n.5 (11th Cir. 2005), the Court finds no occasion to resort to such sources where, as here, the Florida courts have said what elements are required to establish a claim and those elements do not include the one argued for by the Media Defendants. In the absence of a single Florida case saying that a plaintiff must experience "physical harm" to his person or property in order to maintain a negligent selection claim, this Court will not impose that extra hurdle simply because other states have done so. But even assuming "physical harm" were a prerequisite to recovery, that element clearly would be satisfied here. Elenson allegedly stole the Van Vechten's valuable jewelry and art. Compl. ¶¶ 22, 23, 25-41. The term "harm" is fairly understood to encompass not just "injury" or "detriment," but also "loss." See Black's Law Dictionary 722 (7th ed. 1999). When property is converted or stolen, that amounts to a "loss." See Tambourine Comercio Internacional SA v. Solowsky, 312 F. App'x 263, 271 (11th Cir. 2009) (conversion is unauthorized act that deprives another of his property). Moreover, the Restatement notes that even a minor scratch on a car bumper would satisfy the "physical harm" requirement – total obliteration of the property is not necessary. See Restatement (Third) of Torts § 4 cmt. c (2010). Indeed, "no minimum amount of physical harm is required," and "there is no requirement that the detriment be major." See id. If even a slightly scratched car bumper satisfies the "physical harm" requirement, it would be anomalous to find that the outright taking of valuable jewelry and art, which totally deprives the owner of its use, does not. Thus, the negligent selection claim is not barred merely because Elenson allegedly stole the property at issue instead of slightly damaging it. The Media Defendants next argue that the Complaint must be dismissed because it does not allege sufficient facts to show they had a duty to check out or investigate Elenson's appropriateness, competency, or trustworthiness. See Media Def. Mot. at 7-8. They argue an estate sale does not trigger any non-delegable duty or duty imposed by law, nor any general duty because Elenson was hired to conduct an estate sale, which is not inherently dangerous and did not involve "a risk of harm unless skillfully and carefully done." See id. The Media Defendants misunderstand the case law. Suarez, cited above, does not hold that unless the activity is inherently dangerous, the hiring party owes no duty to the plaintiff in selecting an independent contractor.4 Rather, it states that the hiring party has a duty to exercise reasonable care under the circumstances in selecting an independent contractor. See Suarez, 820 So. 2d at 345 ("The amount of care which should be exercised in selecting an independent contractor is that which a reasonable man would exercise under the circumstances[.]") (citation omitted). Thus, there is 4 Nor do the other cases relied upon by Media Defendants. Davies was about proximate cause, not duty, and Stander v. Dispoz-O-Products, Inc., 973 So. 2d 603 (Fla. 4th DCA 2008), concerned the absence of key supporting allegations under inapposite facts. unquestionably a duty; the only question is the amount of care required of the hiring party in fulfilling that duty – something that will vary as the circumstances vary. See id. In Suarez, the court identified three factors that "are important in fixing the amount of care required." See id. The first factor is whether others will be exposed to danger if the contractor's work is not done properly; the second factor is whether the nature of the work lies within the average man's competency or instead requires special training or skill; and the third factor is whether the parties bear a relationship that imposes a peculiar duty of protection. See id. These factors do not bear on whether the hiring party has a duty, but rather on the extent of that duty. With these principles in mind, the Court finds the duty element sufficiently pled in this case. The Complaint alleges that Atlas Media hired Elenson to conduct an estate sale of art and jewelry valued at $400,000 and that Atlas Media failed to appropriately inquire into Elenson's fitness for that job prior to hiring him. Compl. ¶¶ 13, 20, 42-48. Carrying out an estate sale of valuable art and jewelry may require special skill or competency, and it may involve a risk of harm to such property if not carefully done. Thus, Atlas Media had a duty to use reasonable care in view of all the circumstances in selecting Elenson. The precise degree of care required, and whether or not such care was exercised, are factual matters not suited for determination at this stage in the proceedings.5 C. Allegations Against 2MuchStuff4Me 2MuchStuff4Me moves to dismiss on the ground that the Complaint fails to allege any claims for relief against it. See 2MuchStuff4Me Mot. at 2-3. The Van Vechtens concede that while they named 2MuchStuff4Me as a Defendant, they have not in fact asserted any substantive counts against 5 As to the amount of care, the Media Defendants cite a portion of Suarez out of context to suggest that merely because an estate sale is a "non-dangerous activity," they had no duty to inquire about Elenson's fitness. See Reply at 8. That is not the rule, however. What the Media Defendants fail to mention is that the sophistication and experience of the hiring party must be taken into account in affixing the amount of care. See Suarez, 820 S0. 2d at 845. For an inexperienced lay person, there may be no duty to inquire into the contractor's background if the work to be done is non-dangerous. For more sophisticated and experienced parties, a greater duty of inquiry may exist. As explained in Suarez: The Restatement's second factor for determining the amount of care required in hiring an independent contractor focuses on the "extent of the employer's knowledge and experience in the field of work to be done." The Restatement notes that "an inexperienced widow employing a contractor to build a house is not to be expected to have the same information concerning the competence and carefulness of building contractors in the community, or to exercise the same judgment, as would a bank seeking to build the same house." See id. at 345-36. Given that the Media Defendants are large corporations, not lay people, it is conceivable that they may be held to be a greater duty of inquiry. Ultimately, that will depend on whether they had the requisite prior knowledge and past experience in employing contractors of this kind, or other relevant knowledge or experience. Again, that is a factual question not suited for determination at this time. it. See Resp. at 1-2. Obviously, no relief can be granted where a plaintiff does not assert any substantive causes of action against a particular defendant. The Van Vechtens state that they actually intended to raise claims against 2MuchStuff4Me, but inadvertently failed to include them. See id. As such, they "do not oppose" dismissal, "as long as the dismissal is without prejudice so that [they] can add count(s) against this Defendant." See id. 2MuchStuff4Me agrees that leave to amend is appropriate, and the Court will allow it. Conclusion Accordingly, for the reasons explained above, it is hereby ORDERED and ADJUDGED that Elenson's Motion to Dismiss for Lack of Personal Jurisdiction [ECF No. 33] is DENIED; the Media Defendants' Motion to Dismiss for Failure to State a Claim [ECF Nos. 8] is GRANTED IN PART; and 2MuchStuff4Me's Motion to Dismiss for Failure to State a Claim [ECF No. 32] is GRANTED. The Van Vechtens are given leave to amend the Complaint consistent with this Order. The Amended Complaint must be filed by February 8, 2013. DONE and ORDERED in chambers, at Miami, Florida, on January 28, 2013. ________________________________ ROBERT N. SCOLA, JR. UNITED STATES DISTRICT JUDGE Copies to: U.S. Magistrate Judge Counsel of record


text: Deluxe re-issue on clear vinyl of the first full-length album by one of the most well loved and influential bands of the past 25 years. Following in the grand tradition of other great Southwestern psych bands such as 13th Floor Elevators and The Red Krayola, The Flaming Lips first act mixed punk, country & western, psychedelia, goth, and pure bar-band rock and roll into their own curious creation on classics such 'Jesus Shootin Heroin,' 'Trains, Brains, & Rain,' and 'Charlie Manson Blues. Sharing the weird, slanted pop sensibility of contemporaries like Meat Puppets and Butthole Surfers, this early masterpiece continues to influence bands to this day. Plain Recordings. 2005.

subset: commoncrawl


text:
Argentina's Jorge Bergoglio elected new pope
Published On: Mar 13 2013 01:05:24 PM PDT Updated On: Mar 13 2013 08:38:07 PM PDT
Jorge Bergogolio was elected pope on March 13, 2013. He is the first non-European pope in the modern era. He is also the first pontiff from South America, and the first Jesuit to be elected head of the Roman Catholic Church.
The views expressed are not those of this company or its affiliated companies. By posting your comments you agree to our Terms of Use.


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>Brookings Oregon News, Sports, & Weather | The Curry Coastal Pilot
Standing at a table covered with red and green construction paper, scissors, and shiny bows, as her students looked on in excitement, Victoria Snow demonstrated how to make homemade snow globes and Christmas ornaments.
Many of the art supplies, which allowed the students to complete several holiday art projects, came as the result of a donation that Snow obtained by applying for a grant through an online donation program for teachers.
Curry Health Network officials continue to work closely with the USDA to obtain a $10 million loan to build a new hospital in Gold Beach.
The process is taking longer than originally expected, but hospital officials hope to get final approval by the end of February or mid-March.
"We've had to jump through a few more hoops, and we're expecting a final list of questions from the USDA later this week, but everything looks good," said health network interim CEO Wayne Hellerstedt.
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text:
Humidity 81%
Winds 5.8mph
Humidity 81%
Winds 5.8mph
Dec 6, 2013 5:40 AM by Meteorologist Maclovio Perez
Winter weather will affect most of Texas this weekend. Today, cold north winds will continue to bring in more arctic air. High only 46. Steady rain is expected today. Tonight, temperatures will drop down to 34 in the city and that will put out lying area at or near freezing. With the steady rain, we may see some freezing rain in inland areas with possible areas of sleet early Saturday morning. Sunday highs will move into the mid 40's but the rain will continue. Monday will be the mildest with a high of 52. But another cold front blows through for dry weather but continued cold.
19 hours ago
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tag:blogger.com,1999:blog-7695338129494842494.post2547435706072802442..comments2014-12-22T02:52:18.866-06:00Comments on Deep South Dish: Blackberry Dumpling CobblerMary | Deep South Dishhttp://email@example.com:blogger.com,1999:blog-7695338129494842494.post-90744721819303954982013-06-15T07:06:26.669-05:002013-06-15T07:06:26.669-05:00Hope y'all enjoyed it Jennifer!Hope y'all enjoyed it Jennifer!
Mary | Deep South Dishhttp://firstname.lastname@example.com:blogger.com,1999:blog-7695338129494842494.post-85471363643631419222013-06-12T17:08:20.268-05:002013-06-12T17:08:20.268-05:00Mmmm just made this with half blackberries and hal...Mmmm just made this with half blackberries and half fresh juicy peaches! Can't wait to taste it for dessert tonight! (Husband prefers cobblers served cold.) Thanks for the recipe!Jenniferhttp://firstname.lastname@example.com:blogger.com,1999:blog-7695338129494842494.post-48221538191099387572012-07-02T16:25:02.167-05:002012-07-02T16:25:02.167-05:00For my cobbler recipe, I like to make a filling, s...For my cobbler recipe, I like to make a filling, so cooking it does that - sort of like how you do a pie filling. The oven solidifies the filling a bit, while cooking the dumplings. Hope that helps!Mary | Deep South Dishhttp://email@example.com:blogger.com,1999:blog-7695338129494842494.post-57995534923844710042012-07-02T14:23:16.422-05:002012-07-02T14:23:16.422-05:00wondering why the berries have to be cooked b4 goi...wondering why the berries have to be cooked b4 going in the oven?JudyChttp://email@example.com:blogger.com,1999:blog-7695338129494842494.post-7536309209334412082012-01-21T20:00:54.470-06:002012-01-21T20:00:54.470-06:00Oh I hope so - do let me know if it comes close!Oh I hope so - do let me know if it comes close!Mary at Deep South Dishhttp://email@example.com:blogger.com,1999:blog-7695338129494842494.post-90296075732899604592012-01-20T08:50:43.073-06:002012-01-20T08:50:43.073-06:00This reminds me of my grandma's receipe from S...This reminds me of my grandma's receipe from South Carolina. Summers were filled with getting lots and lots of blackberries with my cousins. Since then my grandmother has passed, and we always wanted to recreate her receipe. I think this is as close as we will get, so thank you for that. I can't wait to try firstname.lastname@example.com:blogger.com,1999:blog-7695338129494842494.post-12804300712999463822011-07-13T11:49:15.027-05:002011-07-13T11:49:15.027-05:00I have blackberries growing in my backyard, and al...I have blackberries growing in my backyard, and almost forgot...thank you for reminding me, now I will be making some yummy cobbler soon..very soon!vitkusgirlhttp://firstname.lastname@example.com:blogger.com,1999:blog-7695338129494842494.post-41526677505910797882011-07-13T11:38:41.662-05:002011-07-13T11:38:41.662-05:00Would you marry me? Or at least be my momma!Would you marry me? Or at least be my firstname.lastname@example.com:blogger.com,1999:blog-7695338129494842494.post-10831708228802722902010-06-26T17:16:38.432-05:002010-06-26T17:16:38.432-05:00This looks like one of the best cobblers EVER Mary...This looks like one of the best cobblers EVER Mary! Why can't I just eat the screen? I've got blackberries frozen already, so I'll have to pull them out and get right at this recipe! Thanks so much! Rozbellahttp://firstname.lastname@example.com:blogger.com,1999:blog-7695338129494842494.post-87320700232640757502010-06-26T11:55:46.827-05:002010-06-26T11:55:46.827-05:00Oh Yummy, that looks delish! And I love your stor...Oh Yummy, that looks delish!

And I love your story at the begining, reminded me of my own childhood!

Visiting from SITS!Charlenehttp://email@example.com:blogger.com,1999:blog-7695338129494842494.post-48439088935442128272010-06-26T01:45:21.202-05:002010-06-26T01:45:21.202-05:00those look yummy and stopping by from sits sharefe...those look yummy and stopping by from sits sharefest.My 5 Monkeys(Julie)http://email@example.com:blogger.com,1999:blog-7695338129494842494.post-92072980924044927652010-06-25T17:41:44.517-05:002010-06-25T17:41:44.517-05:00That reminds me of the cobblers that my grandmothe...That reminds me of the cobblers that my grandmother would make when my sister and I would gather blackberries from the side of their dirt farm road. Sigh.Chrishttp://email@example.com:blogger.com,1999:blog-7695338129494842494.post-42800809040294636942010-06-25T07:37:56.003-05:002010-06-25T07:37:56.003-05:00I always loved walking home from school, too. Kid...I always loved walking home from school, too. Kids are too eager to get to their video devices these days! Your dumpling cobbler is mouthwatering, Mary!!girlichefhttp://firstname.lastname@example.com:blogger.com,1999:blog-7695338129494842494.post-14665404418120870302010-06-25T06:23:32.070-05:002010-06-25T06:23:32.070-05:00I love me some cobbler. I do a blueberry peach bu...I love me some cobbler. I do a blueberry peach but I've never done a blackberry. I'll have to give it a try.

Did you know that you are one of my favorite blogs around? Well, you are! And you prove it I've got a little somethin' somethin' for you over at my place today. Swing on by and take a look.

http://mawhats4dinner.com/it-must-be-award-season/

Lots of yummy love,
Alex aka Ma, What's For Dinner
www.mawhats4dinner.comMa What's 4 dinnerhttp://email@example.com:blogger.com,1999:blog-7695338129494842494.post-80114984893375854522010-06-25T00:25:35.523-05:002010-06-25T00:25:35.523-05:00Ooh, the dumpling part of this cobbler sounds amaz...Ooh, the dumpling part of this cobbler sounds amazing. Honestly, the crust, and the slurry (or in this case, the dumpling) are the best parts of a cobbler. Mmmmm!The Duo Disheshttp://firstname.lastname@example.com:blogger.com,1999:blog-7695338129494842494.post-37843871213011559332010-06-24T16:35:15.803-05:002010-06-24T16:35:15.803-05:00Thanks Mary!!! Blueberry is my dad's favorite...Thanks Mary!!! Blueberry is my dad's favorite :-).Katrinahttp://firstname.lastname@example.com:blogger.com,1999:blog-7695338129494842494.post-77548124884986349332010-06-24T15:42:16.655-05:002010-06-24T15:42:16.655-05:00I think my little berry loving boy would love this...I think my little berry loving boy would love this!Juliehttp://firstname.lastname@example.com:blogger.com,1999:blog-7695338129494842494.post-36021710645195898462010-06-24T13:49:17.205-05:002010-06-24T13:49:17.205-05:00Thanks y'all - enjoy! Rhonda, I know - that&#...Thanks y'all - enjoy!

Rhonda, I know - that's so true, but I really have no idea why!

t, what wonderful memories and you are SO right! They were much much sweeter and not seedy like their cousins.

Drick, Those were the days for dewberries for sure but these days I just wait for the blackberries! While they are still in season, why not put some up in the freezer.

Katrina, this should work but I would increase the fruit to about 6 cups for blueberries.Mary at Deep South Dishhttp://firstname.lastname@example.com:blogger.com,1999:blog-7695338129494842494.post-6468015398484813532010-06-24T11:47:11.178-05:002010-06-24T11:47:11.178-05:00I had not thought about dewberries for ages. When ...I had not thought about dewberries for ages. When I used to go to TN and spend part of my summer, we would go into the woods and gather all manner of berry...sometimes not an altogether good idea for a city kid from NM. But my Daddy Jack (grandfather) made the best forest berry cobbler. It was a mixture of "whatever" berries, but the dew berries were always my fav. Gonna have to try this recipe on the grands this weekend. Thanks so much for the memories and the recipe. says The Olde BaggLinda in New Mexicohttp://email@example.com:blogger.com,1999:blog-7695338129494842494.post-25887949451725557252010-06-24T11:30:10.539-05:002010-06-24T11:30:10.539-05:00dewberries are my favorite but are over with, now ...dewberries are my favorite but are over with, now blackberries are close to being over with too - this too brings back a lot of memories... nice recipe, one like we made back home and one I make every so often, thanks for reminding me...Drickhttp://firstname.lastname@example.com:blogger.com,1999:blog-7695338129494842494.post-923724216703425922010-06-24T09:59:56.434-05:002010-06-24T09:59:56.434-05:00Looks DELICIOUS!!!! I wish I had a bucket full of...Looks DELICIOUS!!!! I wish I had a bucket full of blackberries :)Heidihttp://email@example.com:blogger.com,1999:blog-7695338129494842494.post-80094219367128124042010-06-24T08:51:52.111-05:002010-06-24T08:51:52.111-05:00I just bought 4 pounds of blackberries and now I k...I just bought 4 pounds of blackberries and now I know what we're having for dinner tonight--yes, that's right we'll eat this for a meal!! :)

anne
www.anniebakes.netanniebakeshttp://firstname.lastname@example.com:blogger.com,1999:blog-7695338129494842494.post-89747841660397410092010-06-24T04:33:58.025-05:002010-06-24T04:33:58.025-05:00Wow Mary - that sure looks good.Wow Mary - that sure looks good.Big Dudehttp://firstname.lastname@example.com:blogger.com,1999:blog-7695338129494842494.post-23687933665093809482010-06-24T00:36:16.389-05:002010-06-24T00:36:16.389-05:00Hi there I just visited your site and left very hu...Hi there I just visited your site and left very hungry.
I love all berries. You have some great things I have to try.
Very nice blog..Gigihttp://email@example.com:blogger.com,1999:blog-7695338129494842494.post-28650645434202980042010-06-23T21:37:47.218-05:002010-06-23T21:37:47.218-05:00Looks yummy!!!! Just curious do could I substitue...Looks yummy!!!! Just curious do could I substitue an equal amount of blueberries instead of the blackberries?Katrinahttp://firstname.lastname@example.com


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The big names at the top of Facebook's corporate ladder are starting to cash in their shares. TechCrunch reported Friday that Chief Accounting Officer David Spillane sold 256,000 of his 416,000 shares. Spillane made a profit of roughly $5.376 million. Chief Operating Officer Sheryl Sandberg and General Counsel Theodore Ullyot also sold some of his Facebook shares.
Stock market
Facebook Marketing
Facebook Could Buy Zynga, But Probably Won't
It seems like every week, Facebook acquires a company or is rumored to do so. This time, a report surfaced over the weekend, saying that Facebook could buy Zynga, now that the stock price of the popular game developer has fallen far enough. However, Business Insider says, "Not so fast."
Facebook's Second-Quarter Report: What Others Are Saying
Today is the most anticipated day for Facebook since the company went public May 18. The social network will release its second-quarter financial report at 5 p.m. ET/2 p.m. PT, giving the world a first glimpse into Facebook's books. Several outlets have been speculating about just what is in this report.
Zynga Scales Back Outlook, Cites 'Challenging Environment' On Facebook Platform
The stock of popular Facebook application developer Zynga has dropped despite growing revenue, which the company reported Wednesday in its second-quarter financial results. Zynga noted that it is scaling back its outlook for the rest of 2012, citing a challenging environment on Facebook's platform.
Zuckerberg: Mobile Is Facebook's Biggest Hurdle
Analysts and bank executives have said it since Facebook's initial public offering. Now Mark Zuckerberg, the company's co-founder and CEO, admits it. In an interview with Bloomberg, Zuckerberg said that figuring out how to make money from users accessing Facebook on mobile devices is the company's biggest challenge right now.
Analysts Like Facebook's Long-Term Prospects, But Still Unsure About Mobile Revenue
It has been a rocky road for Facebook after its initial public offering. The reports of several Facebook underwriters were released today, as analysts feel that the company will be fine long-term, but there are still some lingering doubts about turning mobile usage into money.


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Sept. 30 (Bloomberg) -- China National Building Material Company Ltd. unit, South China Cement Ltd., signed a 1.2 billion yuan, three-year loan after initially seeking 1 billion yuan, according to a person familiar with the matter.
The facility pays an interest rate equivalent to 100 percent of the People's Bank of China's best three-year lending rate and proceeds will be used for working capital and to refinance, the person said, asking not to be identified as details are private.
Credit Agricole CIB was hired to arrange the facility and was joined in syndication by Agricultural Bank of China Ltd., China Citic Bank Corp. and Ping An Bank Co., the person said.
To contact the editor responsible for this story: Katrina Nicholas at email@example.com


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Costa Brava Hotels near Catalonia Square
Catalonia Square is a great location in Spain for travelers who want a unique experience. There are 335 cheap accommodation options available for booking near Catalonia Square where even the 5 Star hotels are at an affordable price. Some of the more well known hotels in Catalonia Square include Europa Apartments Blanes. Our discounted Catalonia Square hotels are typically well known for their pricing and location. All hotels near Catalonia Square have facilities including Bar / Lounge, Safe Deposit Box, Lift / Elevator and Restaurant.
- Overview
- Description
- Photos
- Map
- Amenities


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Anyone familiar with Morgantown hospitals? I need info. - page 2
Looks like I will be relocating to Morgantown, WV in the near future. I drove by West Virginia Univ. hospital, and actually walked around Mon General. I don't know anyone in the area, but our new landlord mentioned to my BF... Read More
- 0Sep 1, '11 by glutton4punishmentMuchas gracias, nurseMike!
- 1Sep 1, '11 by SoundofMusicHope you enjoy it -- pls pass on whatever you find out as time goes on, what your experiences are. Once I finish my NP degree and get a few years experience here in N. Va, we plan to move out and hopefully back to Morgantown. I haven't lived there in 30 years, but recently went to my high school reunion there and it hadn't changed much ... There's still a very cute little main street and they always have parades, special things going on -- it's a very vibrant town.


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Book your room at Easystay Motel
Twin Room - Renovation SpecialMax Occupancy: 3 guests (up to 2 children, 2 infants)
Double Room - Renovation SpecialMax Occupancy: 2 guests (up to 1 child, 1 infant)
Twin RoomMax Occupancy: 3 guests (up to 2 children, 2 infants)
Double RoomMax Occupancy: 2 guests (up to 1 child, 1 infant)
Family Room - Renovation SpecialMax Occupancy: 4 guests (up to 3 children, 3 infants)
Family RoomMax Occupancy: 4 guests (up to 3 children, 3 infants)
Motel in St. Kilda near St. Kilda Beach
Situated in the entertainment district, this motel is close to St Kilda Pier, St. Kilda Beach, and Luna Park. Also nearby are St. Kilda Sea Baths and Palais Theatre.
Property Features
In addition to laundry facilities, Easystay Motel provides tour/ticket assistance, barbecue grills, and concierge services.
Room Amenities
In addition to refrigerators and high-speed (wired) Internet access (surcharge), guestrooms feature air conditioning along with climate control and separate sitting areas.Information missing or incorrect? Tell us!
Renovations & Closures
- Exterior
- Front desk
- Hallway
- Lobby
- Select guestrooms
At your hotel
At your hotel
Easystay Motel features tour/ticket assistance, barbecue grills, and concierge services. The property has a front desk available during limited hours. Parking is available onsite for a surcharge.
- Breakfast available (surcharge)
- Total number of rooms - 40
- Number of floors - 3
- Barbecue grill(s)
- Concierge services
- Front desk (limited hours)
- Laundry facilities
- Self parking (surcharge)
- Tours/ticket assistance
Stay connected
Available in all rooms: Wired internet access (3.50 AUD per 60 minutes surcharge)
Park your car
Self parking (surcharge)
In your room
- Wired high-speed Internet access (surcharge)
- Separate sitting area
- Climate control
- Soundproofed rooms
- Air conditioning
- Phone
- Refrigerator
- Coffee/tea maker
- Private bathroom
- Complimentary toiletries
- Hair dryer
- Shower only
- Iron/ironing board
- Desk
- Rollaway/extra beds available
- Cribs/infant beds available
- Flat-panel TV
Eat and drink
Buffet breakfasts are available for a surcharge and are served each morning between 6:30 AM and 10:30 AM.
The recreational activities listed below are available either on site or nearby; fees may apply.
- Bicycle rentals nearby
- Rock climbing nearby
The fine print for Easystay Motel
When you arrive
Check-in time starts at 2 PM
Check-in time ends at 11 PM
Special check-in instructions:
This property's reception is open daily from 7 AM to 11 PM. Guests arriving after 11 PM may use the 24-hour call center to check-in. For more details, please contact the office using the information on the reservation confirmation received after booking.
When you leave
Check-out time is 10 AM
How you can pay
You need to know
Extra-person charges may apply and vary depending on hotel policy.
Government-issued photo identification and a credit card or cash deposit are required at check-in for incidental charges.
Special requests are subject to availability upon check-in and may incur additional charges. Special requests cannot be guaranteed.
- Breakfast fee: AUD 15 per person (approximately)
- Fee for in-room high-speed Internet (wired): AUD 3.50 (for 60 minutes, rates may vary)
- Self parking fee: AUD 12 per night (in/out privileges)
- Cleaning/housekeeping/linens fee: AUD 25 per day
- Crib (infant bed) fee: AUD 10 per night
- Rollaway bed fee: AUD 25 per night
National Rating
Official Australia STAR Rating provided by AAA Tourism Pty Ltd
AAA Tourism Pty Ltd assigns an official STAR Rating for accommodations in Australia. This Motel property is rated 3 stars.


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Engineering Science and Mechanics (ESM)
When the 20,000-gallon towing tank sprung a leak, it could have been curtains
In the basement of Norris Hall sits the towing tank, a huge below-ground behemoth that, when filled with water, allows researchers to complete any number of experiments involving the effects of water on model ships, boats, and submarines.
Built in the early 1960s, the tank can hold 20,000 gallons of water. With the pull of a lever or two and the push of some buttons, the tank comes to life. Subtle or substantial waves and turbulence will interact with a model being pulled — or towed — through the water. The experiments can simulate the bouncing of a model ship, helping engineers build a better, larger vessel for actual marine use. It's the ultimate game of Battleship, with the goal of some of the experiments to determine the conditions that will sink a vessel.
The tank is shared by the engineering science and mechanics (ESM) and the aerospace and ocean engineering departments. Both consider it a vital resource to a number of lab courses, and as a unique lab set-up among universities (the tank runs the length of a massive basement room floor). Yet, the tank was in danger of being shut down more than a year ago. It sprung at least one large leak and was pouring water out at a rate that drains in the floor could not keep up with. The problems were numerous.
ESM head Ishwar Puri and other faculty within the department saved the tank with funds from the student engineering fee fund. Although the budget for repairs was set at $100,000, careful use of the funds brought the final expense below $60,000. And not only was the tank repaired, but it was improved: new observation points were built into the tanks. These now allow researchers, graduate and undergraduate students, and visitors to study the motions of ships and submarines using noninvasive means of measurement. Now, instead of placing bothersome probes and other devices on models that interfere with the vessel's movement, researchers can measure a ship's performance by using lasers and lights directed through the cut-outs. Puri said this provides a truer record of how the actual vessel will perform in real wave environments, since a ship or submersible at sea will not have the probe appendages attached to it.
Virginia Tech students and researchers are not the only ones who get access to the tank. During the summers, it is used in a program that brings school children to campus to build and then test remote- controlled model boats in the water. Mac McCord, a mechanical engineer in the ESM department, who operates many of the labs, said the experience is not only fun for the children, but vital to Virginia Tech. "Those kids are our future engineers."
The tank is due for further repairs and updates, including new controls. The trick: finding someone who can revamp the unique tank, McCord said.
The student engineering fee has gone to other uses in ESM, not just the towing tank. A third-floor lab classroom has been renovated with new electrical outlets along the floor and Internet connection boxes along the wall so that students can use the Internet on their laptops and tablet PCs. On the first floor, inside the materials characterization lab (affectionately called the "busting lab" by students), various objects, such as soda cans (full and empty), are squeezed, pulled, stretched and otherwise pulverized as students learn the strength of different materials. Almost all of the equipment in this lab was more than 20 years old and had faltering motors and sensors. With fee money, the machines were gutted and outfitted with new motors, digital sensors, and other features that bring them up to current standards, McCord said.
Other labs, including an instrumentation lab and a fluids teaching lab also have been updated with the latest equipment. In the former lab, students tinker with various objects, for instance, recalibrating a commercial fan so that its speed accommodates the amount of airflow that is required. In the fluids lab, students learn about the effects of water on a body, including how a boat moves through water. New computers also have been purchased for various labs that use high-end software that did not communicate with older computers. A lab dedicated to the effects of vibrations on objects — faux earthquakes on model houses or buildings, for instance — will be updated with new equipment, said Muhammad Hajj, an ESM professor.
The fee helps the 101-year-old ESM department ensure that Virginia Tech maintains itself as a "cutting-edge integrated research and education institution," Puri said.
Virginia Tech, College of Engineering Dean's Office, 3046 Torgersen (0217), Blacksburg, VA 24061
Phone: 540/231-6641 Fax: 540/231-3031 www.eng.vt.edu


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Global Security Software as a Service Market 2010-2014
- Published: December 2011
- Region: Global
TechNavio analysts forecast that the Global Device Vulnerability Management market will reach $505.3 million in 2014. One of the key factors contributing to the growth of this market is rising compliance requirements. However, the increasing availability of open-source vulnerability management solutions could be a challenge to the growth of this market.
The Global Device Vulnerability Management market has also been witnessing the integration of vulnerability scanners with protective technologies. Key vendors dominating this market space include Qualys, NetIQ, McAfee, and GFI Software.
TechNavio's report, Global Device Vulnerability Management Market 2010-2014, has been prepared based on in-depth qualitative and quantitative analysis of the market with inputs from industry experts. The report focuses on Americas and EMEA and covers the current market, future outlook, and profiles of key vendors.
Key questions answered in this report:
What will the market size be in 2014 and at what rate will it grow?
What key trends will this market witness?
What are the key factors driving market growth?
What are the challenges to market growth?
Who are the key vendors in this market space?
What are the opportunities and threats faced by each of these key vendors?
What are the strengths and weaknesses of each of these key vendors?
01. Executive Summary
02. Introduction
03. Market Landscape
04. Vendor Landscape
05. Buying Criteria
06. Market Growth Drivers
07. Drivers and their Impact
08. Market Challenges
09. Market Trends
10. Key Vendor Analysis
10.1 Qualys Inc.
10.2 NetIQ Corp.
10.3 McAfee Inc.
10.4 GFI Software
11. Other Reports in this Series
List of Exhibits
Exhibit 1: Global Device Vulnerability Management Market 2010-2014 (US $ Million)
Exhibit 2: Geographic Segmentation
Exhibit 3: End-User Segmentation
Exhibit 4: Vendor Segmentation 8
Compliance Requirements Key Driver for Device Vulnerability Management
Research conducted by TechNavio reveals that the Device Vulnerability Management market is expected to grow at a CAGR of 9 percent. The report, which focuses on Americas and EMEA, indicates that the market is currently driven by the rising compliance requirements across regions.
"Just as in other Security Software markets, the strongest driver for device vulnerability management is the rising compliance requirements. With increasing compliance requirements for various industries such as Financial Services, Healthcare etc. the requirement for vulnerability assessment solutions is also increasing. Companies now have a need to have a proper security system in place which can act as a proactive defense mechanism," report TechNavio analysts.
In spite of the demand for this software, the growing availability of open source vulnerability management solutions hinders the growth of this market. However, the increasing number and complexity of security threats is expected to promote market growth.
The Global Device Vulnerability market is marked by the integration of vulnerability scanners with protective technologies. This makes the study an important one for companies to fully understand the potential in the market and formulate their own strategy.
The report, Global Device Vulnerability Management Market 2010-2014, is based on extensive research and inputs from industry experts, vendors, and end users. It examines the factors impacting the evolution of this market, including the key trends, drivers, and challenges. Further, it contains an in-depth understanding of the key vendors including a SWOT analysis for each vendor.
- Qualys Inc.
- NetIQ Corp.
- McAfee Inc.
- GFI Software


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LIFETIME GUARANTEELifetime product warranty policy applies to all Reliable Corporation pressurized steam boiler tanks. See warranty document for details.
CSS TECHNOLOGYWith CSS you will never run out of steam in the middle of ironing again. Simply refill the removable water tank when the water level is low and away you go.
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ANTI-CALC SYSTEMThe J490A has a unique anti-calc warning system that beeps when it is time to clean the steam tank. Each unit is supplied with two strips of litmus paper so you can check the hardness of your water.
PROFESSIONAL CORK HANDLELike all of our IronMaven ironing stations, we use only natural cork for our handles. Cork is still the #1 choice for professionals because of its resistance to heat and longevity.
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Comment by U.S. Reliable User - September 26 2013 @ 05:23 AMI bought from this website in 2011 and never looked back. Like the other reviewer I use it with the C81 VACUUM & UP-AIR BOARD and get better than professional results every time. Initial $$$ seems high but we save even more $$$ on not having to go the cleaners every week.User Rating:
Comment by CYNTHIA PEARSON - JUNE 22 2011 @ 09:20 AMI purchased this iron over a year ago and have been so happy with the decision that I gave one to my sister. It is an expensive iron, but worth the price. I get professional results every time and my ironing time is cut in half. I use this iron with the combo table C81/C88 and am glad I made the investment. I don't know if the table is necessary, but this iron puts out so much steam that having the vacuum to dry the item quickly reduces wrinkles. There is a control on the amount of steam you want, but I use the big blast because of the table. Ironing is no longer a chore. Two thumbs up!User Rating:


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Coach Marc Trestman hints at more playing time for RB Michael Bush
BY ADAM L. JAHNS Staff Reporter September 23, 2013 9:29PM
Updated: October 25, 2013 6:23AM
Veteran running back Michael Bush had a busy night Sunday against the Pittsburgh Steelers for
two reasons.
First, coach Marc Trestman said starter Matt Forte got ''twisted for a minute'' after going airborne and being spun around while diving into the end zone in the first quarter. Second, Trestman would like Bush to be more involved in the offense.
''We've got to have Matt for the long haul, so we're going to continually try to work Michael in,'' Trestman said Monday.
Bush got 19 offensive snaps against the Steelers, one fewer than his total from the first two weeks. Forte, whom Trestman said is OK, totaled 111 yards — 43 percent of the Bears' offense.
''It's just hard to take Matt off the field, as I'm sure everybody can understand,'' Trestman said. ''But we've got to be mindful of the touches and the time that he is on the field. And I don't know if that will change . . . but we've got to try to find ways to get Michael out there to play because he's a good running back.''
Trestman did make one of Bush's roles very clear.
''We've declared Michael our goal-line running back,'' he said. ''We weren't at the goal line [when Forte scored]; we were at the 5. But when we're in our goal-line situations, that is Michael's role.''
Bush had three tries from the 1-yard line, including one that was challenged, in the first quarter. He scored on fourth down after Trestman's failed challenge.
''On the first one, I thought I was in,'' Bush said. ''And the second one, hey, if the ball touched the plane, right, you're in? To me, I was in.''
Picking up 'Peanut'
Cornerback Charles Tillman was questionable Sunday because of a knee injury, but he started and played until a groin issue sidelined him. He played 44 snaps and backup Zack Bowman a season-high 22.
Trestman said Tillman's injured knee held up fine, but the Bears will be cautious with him this week with the Detroit Lions and receiver Calvin Johnson up next.
''He got a little tight at the end of the game [in his groin], so we just held him out,'' Trestman said. ''He'll probably be out on Wednesday, and we'll go through the same progression [as last week]. But he just tightened up. He was in early [Monday] morning. He worked out and got treatment, so we're optimistic that he'll be ready to go on Sunday.''
Blitzing Bears
Trestman acknowledged the Bears increased their number of blitzes against the Steelers, going from roughly 25 percent of their plays in Weeks 1 and 2 to around 33 percent. It resulted in two sacks by D.J. Williams and one by Lance Briggs.
''It was just two or three more blitzes than we probably normally run in a game,'' Trestman said.


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Health and Social Issues Impacting Underserved Youth On Demand ProgramBroadcast Date: July 20, 2011(2 hours)
YOU MUST COMPLETE THE REGISTRATION PROCESS IN ORDER TO ACCESS THE TRAINING ACKNOWLEDGEMENT FORM AND FOR THIS COURSE TO APPEAR ON YOUR OFFICIAL TRANSCRIPT.All ADPH employees have a username and password. To retrieve this information, click the link on the login screen for ADPH employees. Non-ADPH employees logging in for the first time need to create an account. Use the link below for further instructions.Detailed Instructions: How to Log In to LCMS and Complete Course Registration
If you have any questions or need assistance, call (334) 206-5618.
View Program
Agnes Oberkor Handouts (8 pages)Marie Youngpeter Handouts (4 pages)Youth Development is a Public Health Approach (3 pages)Ten Tasks of Adolescence (2 pages)
Choose Player
RealPlayerWindows Media Player
Post-conference Materials
Sign-in Sheet (1 page)Evaluation (1 page)
Program OverviewProgram faculty will discuss some of the social conditions that can influence an adolescent's life choices and provide ways to guide youth to a healthier lifestyle.
For more information, view the conference flyer.
Target AudienceNurses, social workers, dietitians, school counselors, school administrators, educators, public health educators, any health provider working with children and adolescents
Contact HoursNone for this program
Contact for Technical AssistanceCall 334-206-5618 or email ALPHTN.
Alabama Public Health Training Network Home Page


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The beleaguered Savard didn't play a game after February 8, 2011 when he incurred his second concussion in ten months. In fact, the headaches were so severe for Marc that he wasn't able to accompany his teammates to Vancouver as the Bruins captured the Stanley Cup. Nevertheless, Savard has proven to be an integral component of the Bruins' attack since joining the team from Atlanta in 2006.
Marc, along with his kids Isabella, Zachary and Tyler, had photos taken with the Stanley Cup around the property. He was especially proud of his new games room, which includes a 70" television, a massive bar, a pool table, a foosball table and much more, including, on that day, the Stanley Cup.
Savard then took the Cup to the Kawartha Golf & Country Club, consistently rated one of the best golf courses in Ontario. Marc posed with the Stanley Cup for over ninety minutes before competing in a tournament taking place that day. Later, while he golfed, hockey's greatest trophy remained on display for other participants, members and their guests to survey and study, and always ready for a photo or three. The Cup was a most welcome addition to the 66th annual invitational tournament, and was a lucky talisman for Savard, who finished near the top of the leader board.
Next up, Chris Kelly takes the Stanley Cup to Ottawa, and we'll tell you about his day on Friday here at the Stanley Cup Journal.
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First Place Miranda Hall
Second Place Asa Rentschler
Third Place Camille Floyd
First Place Michael Tant
Second Place Hannah Hubin
Third Place Charlotte Myhre
About the Competition
This special oratorical contest for Tennessee Home Education Association (THEA) members, sponsored by THEA, http://www.homeschooling-tennessee.org/, and Christian Communicators of Tennessee, CCT,http://www.cctennessee.org/, is named for a home school Grandmother, now in heaven, who was passionate about her faith, loved to study God's Word and to share her Christian faith. Her family contributed the prize money which will be awarded to the first, second and third place winners in both the Senior Division and Junior Division on RallyDay.
As in past years the two divisions, Senior Varsity and Junior Varsity, will participate in Oratory Contests with different rules and guidelines specific to each group. Junior Varsity division students contest is entitled an Apologetics Worldview Speech and the Senior Varsity division contest is entitled a Platform Apologetics Speech Competition. The rules and guidelines are appropriate to each age group. The first place, second & third place winners are awarded a cash prize and the first place winners of each division also earn the privilege of presenting their Speech on the platform in the War Memorial Auditorium on Rally Day.
Age Categories
The Senior Division is for students age 13-19.
The Junior Division is for students, ages 8-12.
JUNIOR DIVISION: A Worldview Apologetics Oratory Competition
The Junior Division Contest is a Worldview Apologetics Speech Competition. To compete in this Contest, Junior Division students will prepare a 3-minute maximum speech. It can be a scaled down version of their 5-minute Worldview Apologetics Speech prepared for the Tournaments, as the choice of questions are exactly the same.
Read more about the Worldview Apologetics Speech event HERE. The Worldview Apologetics Speech Competition deals with issues of faith. The goal of this Speech is to motivate students to study their Christian faith and be prepared to articulate a defense of what they believe. Junior Division students prepare a 3-minute maximum speech on one of the topics listed below.
JV Apologetics questions/topics for 2012-2013
Choose one question to answer in your Speech or one statement to respond to:
1. How do I know that Jesus actually rose from the dead?
2. Who is God? And what are some of his characteristics?
3. There are 7 billion other people in the world. Why would God care about me?
4. Why am I here? And what is my purpose in life?
5. How does being a Christian affect my everyday life?
NOTE: The questions for the Apologetics event are the same ones used for our Tournaments. Read more about the Worldview Apologetics Speech event HERE.
SENIOR DIVISION: A Platform Apologetics Speech Competition
To compete in this Contest, Senior Division students will prepare an 8-minute maximum Platform Apologetics Speech. Learn more about the Platform Apologetics Speech from the Ballots and the Judge's Worksheet on the CCT web site. Instructions to locate these are below.
Like the Junior Division, the questions for the Senior Division Platform Apologetics Speech are the same ones used for the tournaments. As the choice of questions is exactly the same, this Sara Lee Harris Platform Apologetics Speech is also a scaled down version of the 10 minute Platform Apologetics Speech for tournaments. So it is an 8-minute version of the 10-minute Speech prepared for tournament competition.
This Senior Varsity Speech must be based on one of the 39 questions listed below.
Senior Varsity Apologetics questions/topics for 2012-2013
Please choose one question to answer in your Speech or one statement to respond to:
Category 1: EXISTENCE AND NATURE OF GOD
1. In what ways has God revealed Himself to man?
2. If God is real, why can't people see or touch Him?
3. If God is holy, why did He allow sin in the world?
4. How can god be both merciful and just?
5. Open theology states that God is constantly changing and growing with His creation. Respond to this idea.
6. Why is the unchanging nature of God essential to who He is? 7. Where did God come from?
Category 2: SCRIPTURES
1. Jesus clearly demonstrated His belief in the authority of Scripture. Defend this statement with evidence.
2. If the Bible was written by men, how could it also be written by God?
3. How can the Bible be trustworthy when it has been translated so many times?
4. What is the foundation for accurate Bible translation?
5. Provide evidence for the historical accuracy of the Bible?
6. Does it matter whether the entire Bible isn't true? Can we accept some parts of it and not others?
7. How can an "infallible" book come from fallible men?
8. Why should the Bible be trusted if it is full of contradictions?
Category 3: THE NATURE, PURPOSE & DESTINY OF MAN
1. Do all men have a longing for God?
2. Do all men have a conscience?
3. If God is invisible (1 Timothy 1:17), how can man be made in the image of God?
4. If man is inherently sinful, why do most men lead relatively good lives?
5. What is the purpose of man?
6. What is the destiny of man?
7. Why would a loving God create Hell?
8. What is the essential duty of man?
9. What is meant by the "Fall of Man", and how does it impact man's relationship with God?
Category 4: SALVATION or HOW TO KNOW GOD
1. How can a man know God?
2. Can a man become right with God by keeping the Ten Commandments?
3. Isn't it narrow-minded to believe there is only one way to Heaven?
4. Why does man need salvation?
5. What does it mean to be adopted as a child of God?
6. Can a Christian have assurance of his salvation?
Category 5: THE PERSON OF CHRIST
1. Why is the Resurrection essential to the Christian faith?
2. If God is infinite, how could He limit Himself in the person of Christ?
3. The Bible presents Jesus as both God and man. Why is this central to the Christian faith?
4. Why did Jesus have to die to provide salvation for men?
5. What evidence is there for the historical existence of Jesus?
6. How do we know that Jesus really died? Didn't He just swoon on the cross and then become revived in the coolness of the cave where they buried Him?
7. What evidence is there for the resurrection of Jesus?
8. Did Jesus attain deity by His sacrificial death, or was He God from the beginning?
9. If Jesus is God, what did Jesus mean by, "My God, my God, why have you forsaken me?"
The Awards schedule for the Sara Lee Harris Worldview Oratory Contest is:
Senior Division:
1st place-$500
2nd place-$200
3rd place-$125
Junior Division:
1st place-$100
2nd place-$50
3rd place-$25
How to Participate in the Sara Lee Harris Worldview Oratory Contest:
Submit Your Speeches Electronically
To enter the Sara Lee Harris Worldview Oratory Contest, the students' family must be a member of THEA through their local chapter.To join THEA and be eligible to compete, please go to the THEA web site: http://www.homeschooling-tennessee.org/. Then click on THEA Chapters at the top or on the Organizations Tab in the left hand column, and then select the area of the state in which you live. Contact your local chapter of THEA to join.
Students must e-mail their typed speech to THEA at these e-mail addresses: firstname.lastname@example.com and carbon copied to email@example.com.
The speech can be an attachment to your e-mail in the form of a WORD document or simply typed into the body of your e-mail.
Please type "Sara Lee Harris Oratory Contest" in the subject line, so we don't overlook your speech!
Your speeches must be submitted to THEA by midnight on Tuesday, March 5th, 2013. We are not requiring audio copies of your speeches, only e-mailed submissions. Be sure to send it to us by midnight on Tuesday, March 5th, 2013!
Judging Criteria
The criteria judges will use in evaluating both the Junior and Senior Division Sara Lee Harris Apologetics Speeches include an analysis of the content of the Speech.
Questions about your speech content include:
• Did the student adhere to the topic?
• Did the student support assertions with outside evidence?
• Did the student properly cite sources?
• Most importantly, did the student provide a biblical basis for their position?
The judges will also evaluate the Apologetics speeches by whether their defense is logical and well-reasoned. This is not primarily a devotional speech, but a well-reasoned, logical defense of a Biblical position.
Organization and Analysis evaluation includes these criteria:
• Did the student relate a clear thesis statement?
• Did the student demonstrate a thorough, working knowledge of their topic, of Scripture and other sources?
• Did the student appropriately use analysis and reasoning, presenting a logical, well-reasoned flow of ideas?
Note: Failure to address the topic is, of course, a major flaw in the Sara Lee Harris Worldview Oratory Contest and can result in disqualification of the Speech.
More specific details on the judging criteria can be found by looking over the CCT Ballots & Judge's Worksheets for the SV Platform Apologetics and the JV Worldview Apologetics Speech and the on the CCT web site: http://www.cctennessee.org/.
For Senior Varsity Platform Apologetics Ballot & Judge's Worksheet, follow these instructions:
• At the top of the CCT HOME page, click on Speech/Debate Events
• Scroll down to Senior Varsity Speech
• On the SV Speech page, scroll down to PLATFORM events
• In the right column, click on the PA Ballot and the PA Judge's Worksheet to read about the specific judging criteria for this event
• Don't forget that this SLH speech is ONLY 8 minutes in length, NOT 10 minutes!
For Junior Varsity Worldview Apologetics Ballot & Judge's Worksheet, follow these instructions:
• At the top of the CCT HOME page, click on Speech/Debate Events
• Scroll down to Junior Varsity Speech.
• On the JV Speech page, scroll down to the WORLDVIEW APOLOGETICS Speech.
• The first speech on the left is the Worldview Apologetics, click on the JVWA Ballot and the JVWA Judge's Worksheet to read about the specific judging criteria for this event.
• Don't forget that this SLH speech is ONLY 3 minutes in length, NOT 5 minutes!
NOTE: Judging criteria on our ballots regarding vocal and physical delivery will obviously not be used for either the JV or the SV SLH speeches.


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Browse: Home / Pizza
Barbecue Chicken Pizza
By Katie on June 27, 2011
Wonderful Selina has awarded me with the Sunshine Award!I'm very excited about it. Thanks so much Selina, you're wonderful! The rules for the Sunshine Award are: 1. Thank the person who gave you the award and link back to them.2. Tell us some things about yourself.3. Nominate 10 other bloggers and let them know you awarded […]
Posted in Barbecue, Cheese, Chicken, Onions, Pizza, Tomatoes | 13 Responses


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Luma Candles | Color Changing Candles
Price: $19.95
- Applies to in-stock items only
- 3-7 business days: Wed., Dec. 17, 2pm ET
- 1-2 business days: Thurs., Dec. 18, 2pm ET
- Next business day: Fri., Dec. 19, 2pm ET
Luma Candles the amazing color changing candles with remote control. Enjoy candles without the messy wax and dangerous flames. Unlike other flameless candle, Luma Candles are made of real paraffin wax and have a fresh vanilla scent. These LED color changing candles are the perfect accent to any room in your home. Great for outdoors, dinners and parties. The included remote allows you to change the color of the candles (individually) to 12 different colors! There is even a multi-color option and 4 and 8 hour timer! Each candle operates with1 AAA batteries (not included). Now you can create elegant soft candle light for any gathering, the combinations are endless. Set includes 3 candles (6, 5 & 4 ) and remote.


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By CalifGirl00
on April 05, 2012
This recipe came out thin and runny. If you want a thicker yogurt heat the milk to 180 degrees, then cool to 120 degrees and follow the rest of his steps. Also, I don't add the honey. I flavor the yogurt after it has been made.
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"This easy recipe is a good way to use extra corn on the cob or zucchini." -Mary Kate Long, Ninde, VA
Cooking Light AUGUST 2005
Cook couscous according to package directions, omitting salt and fat. Keep couscous warm.
Heat oil in a large nonstick skillet over medium-high heat. Add zucchini and onion; sauté 3 minutes or until tender. Stir in couscous and corn; cook 1 minute or until thoroughly heated. Stir in salt and black pepper.
Go to Full Version of
Couscous and Summer Vegetable Sauté Recipe


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- BlackBerry smartphones
BlackBerry smartphone will not turn on or charge. This can occur when allowing the battery to completely drain.
The following BlackBerry smartphones may be affected by this issue:
- BlackBerry Bold 9900
- BlackBerry Bold 9930
- BlackBerry Torch 9810
- BlackBerry Torch 9850
- BlackBerry Torch 9860
- BlackBerry Curve 9370
- BlackBerry Curve 9320
Remove the battery from the BlackBerry smartphone and reinsert it. If the BlackBerry smartphone still fails to restart, then replace the battery with a battery having a charge greater than 10%.
When intending to storing the BlackBerry smartphone for a number of days without the ability to charge, consider removing the battery from the BlackBerry smartphone.
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Visit the BlackBerry Technical Solution Center at www.blackberry.com/btsc.


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How Often Do You Use Email?
What would you do if you woke up and your email account was closed?
I started using gmail a while ago and gradually over time I have stopped giving people the email addy that is through one of my own sites and instead I just give them my gmail address. All my other emails get redirected there anyway so it is just easier..
So now my gmail account has my life in it, all my business emails, receipts, contacts from customers and links to cat videos. So what would I do if that shut down? Someone mentioned on Twitter that their Google accounts had all been shut down and it made me think what would I do if the same thing happened to me..
- Panic
- Cry
- Scream
- Blame Google
- Beg for it back
- Rant
Tim left a comment that mentioned a program called Mailstore home – http://www.mailstore.com/en/mailstore-home.aspx and he said he uses it for backing up gmail. I haven't tried it yet but will download tonight and see how it goes, if anyone else knows of any programs that will do it please do let me know.


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VMware Certified Design Expert 5 – Data Center Virtualization (VCDX5-DCV)
VMware Certified Design Expert (VCDX) is the highest level of VMware certification. This elite group is comprised of design architects highly-skilled in VMware enterprise deployments and the program is designed for veteran professionals who want to validate and demonstrate their expertise in VMware technology.
VCDX5-DCV certification is achieved through the unique design defense process, where all candidates must submit and successfully defend a production-ready VMware Solution before a panel of veteran VCDX-DCV holders. This process ensures that those who achieve VCDX status are peer-vetted and ready to join an elite group of world-class consulting architects.
Prepare for the Exam
VCDX Boot Camp
Follow the path below to earn your VCDX5-DCV Certification
|1 Required Prerequisite: VCAP5-DCA and VCAP5-DCD certified
|vSphere: Design Workshop [V5.x]
* Completion is RECOMMENDED
|View Schedule
|2 Submit and successfully defend a data center virtualization design and get certified
|VMware Certified Design Expert 5 – Data Center Virtualization (VCDX5-DCV)
|Design Defense
|Download Application
Application and Defense Dates
- VMware Partner Exchange, Feb 2-5
San Francisco, California, USA
Registration closed.
DCV Certifications Overview
VCDX Certification Pros


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We promise to never spam you, and just use your email address to identify you as a valid customer.
Posted by C6 on 24th May 2013
Just what the eyes ordered.
Click the button below to add the SHANNON TWEED VERY BUSTY SEXY VRED DRESS SEDUCTIVE POSE POSTER AND PHOTO 290884 to your wish list.
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