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August 11, 2012 I wrote Part One of this article which is the short version of my 4 year study on why there is little if any progress in Livingstone Zambia. While you may be going to a different culture or are helping in your own land, I thought it would be nice to share my findings with you so that we can sensitize ourselves to what could possibly make us be more effective, no matter our country of interest and service.
5. HEADMASTER: Street Orphans and vulnerable children can only go to a poor Basic school, Grade 1-9. These are government run . These children must pay high school fees, PTA fees, uniform fees and some other fees. They are not given pencils, paper or textbooks. This population does not even have money for a meal. Sponsorship is their only hope. But sponsorship has also become "big business". For example, a headmaster brought a 7th grader to my hotel. He espoused this orphan's intelligence and seriousness about school. After an interview with him and after he spent 3 days with us, we felt he would be a good person to sponsor. So, we did. We do not just give the normal school fees and uniform. We buy textbooks for each subject, pens, paper, study guides, tuitions/tutoring during the week and everything else a child from a privileged family would receive. This particular boy lived far from the school and had to walk through bulls. So, we bought him a bicycle too. At the end of the school year we learned that he was being double sponsored. Many kids are triple sponsored and the school gets the money.
The headmasters at these Basic Schools are an hour and a half late for everything. On many appointments they do not even show up when I would go for my appointment time to discuss putting electric in the school, buying desks and chairs and other needs. So, in each case I AM ONE IN A MILLION did not honor their commitment to do the above. Since then we have made a decision to help individuals only, never a school that is not our own. Though our organization is known as a "sure fire" way to improve a students chances of success in life, the headmasters do not care and do nothing to help us or welcome us.
For example, in Basic Schools, no one reads because there are no books, no school library and the public library has books dating back to 1854 only.So, at one of the schools where I had developed a pleasant relationship with the headmaster, I brought the headmaster written information on "ROOM TO READ" programs and how to reach them. This is the innovative program that won a 10 year award for its effectiveness with this population in developing countries. John Woods, then age 35, left Microsoft to teach dhildren in Third World Countries to read. He built colorful reading rooms, had them filled with interesting books at all levels with comfortable seats. After school and on Saturdays all age children can go there and hang out and read. I explained to this headmaster that I would help with it. His eyes passed over the article, he stuck it under a pile of papers and in 1 1/2 years he has never mentioned it, despite my occasional inquiry. There appears to be little verification that reading matters. Money matters.
Headmasters have their meetings with teachers during class time. When called out of the class, the teachers tell the street orphans to rewrite. Rewrite means, going over past homework and tests then correcting the wrong answers in preparation for studying for government mid-term and end-of-term tests. All teaching is done for the test. There is no cerebral learning. That makes multiple choice tests questions almost impossible as well as creating other issues.
Role modeling: Every meeting the headmaster planned to have with Wendy, when she arrived hew as either gone for the day, had an emergency or showed up 1 1/2 hours late.
6. PILFERAGE;l Almost anything sent to Livingstone Zamibia would be stolen and sold unless we made arrangements with someone we trusted to receive it. Even then once when over 200 USD was sent to a manager who was a friend of Wendy, the intended purpose for street orphan food, the lady stole the money and refused to give it to the kids. This is a woman Wendy had financially helped open a business and had business cards made. There was nothing that could be done about this.
7. POOR QUALITY OF TEACHERS: The teachers in Basic government School are hungry themselves, suffer from the same needs as street orphans in many cases. They have children who are hungry also. Many are not educated, many are volunteers and most were street orphans themselves. One time when we sent a box of books to start a library at one Basic school, months later the books were still in the box.Or had been sold.
8. BRAIN DRAIN: Following in Zimbabwe's footsteps, Zambia now suffers from "brain drain". Educated people have left the country; good lawyers, doctors, teachers, journalists. They are paid so little, they cannot afford to buy a house, feed their families or give an acceptable standard of living for their family. My first time in Zambia (2006) I worked along side a doctor in a hut. He said that in the 6-7 years he had been working there he had seen NO progress. He was leaving shortly for Libya to work. He could not afford an apartment, had to live with a friend and could not even afford a car.
9. PHYSICAL: No understanding, diagnosis or treatment of the following:
Babies heads shaking (not supported) which contributes to lack of brain development
TBI (Traumatic Brain Injury)
PTSD (Post Traumatic Stress Disorder)
Learning Disabilities i.e. ADHD, ADD, Dyslexia
I will continue with Part Three soon.


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This is day 11 of the 12 days of {handmade} Christmas! Hope you've enjoyed all the projects so far! We're almost done! Which means I've blogged 43 days in a row. I think I need some kind of prize? Well, you can ponder what to get me while we carry on with day 11! We […]Pin It
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From the heart of Hurricane Sandy's devastation three Facing Change photographers – Alan Chin, and Andrew Lichtenstein – relate their stories in the wake of the one of the most devastating storms ever to strike the eastern seaboard.
Alan Chin Staten Island, New York, November 2, 2012 The Forster family unwinds after a long day of cleaning out their home flooded by the storm surge.
Alan Chin in Queens and Staten Island
What's struck me about Hurricane Sandy beyond the tragic loss of life and massive destruction to property in coastal communities is how the nation has responded. The big picture — President Obama, FEMA, Governors Cuomo and Christie of New York and New Jersey, Mayor Bloomberg of New York City — all arguably reacted with far greater urgency and dispatch than their predecessors during Hurricane Katrina.
It's the smaller details that have proven frustrating and telling. In the Rockaways and Staten Island, the Red Cross and National Guard were hardly to be seen even a week after. A gasoline shortage on top of the paralysis of public transit has left millions without the transportation necessary to get back to work quickly. Instead, local residents spontaneously organized to provide emergency food, clothing, and supplies. Their efforts are admirable. But they are no substitute for efficient, rapid action on the ground to implement well-meaning directives. And that's meant that many people feel abandoned and forgotten.
Some discomfort is inevitable, and if the long-term recovery proceeds effectively, Sandy will become a historical footnote rather than a disaster of the first order like Katrina. The real test is in the weeks and months ahead, as winter descends.
Andrew Lichtenstein Queens, New York October 30, 2012, The day after "super storm" Sandy, the coastal community of Breezy Point, in Far Rockaway, Queens remains devastated by fire and flooding.
Andrew Lichtestein in Brooklyn, Manhattan and Queens
All week it has been disconcerting to be living two lives in the same city. My neighborhood of Carroll Gardens, Brooklyn was relatively untouched by the storm. Some very large, old trees came crashing down in the park and on various blocks, but we never lost power. The only minor hassle has been trying to keep my children busy since school has been closed while at the same time rushing out the door to photograph or staying up all night to file the pictures. Red Hook is just around the corner, Coney Island a twenty minute drive south, the Rockaways just beyond that. These coastal communities have been devastated. No heat, no power, no food or water, everywhere I looked, heartbreaking stories of destruction and loss. Often it has felt like the efforts to reach people has been completely community driven-neighbor helping neighbor. Unlike other disasters I've photographed, most of the week I've been surprised by the lack of official response. And then, in the evening, back to my neighborhood, in all of its untouched security, the lights blazing, the kids running around in their Halloween costumes like any other year.
Photographs and Text by: Alan Chin, Andrew Lichtenstein and Anthony Suau
Editor: Daria Bonera


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NeoStem Announces Very Small Embryonic-Like Cells (VSEL(TM)) Publication In Stem Cells And Development
NEW YORK, Oct. 8, 2012 (GLOBE NEWSWIRE) -- NeoStem, Inc. (NYSE MKT:NBS), an emerging leader in the fast growing cell therapy market, announced today that data from its collaborative studies with the University of Michigan School of Dentistry further expands the therapeutic potential of its proprietary regenerative cell therapy product, "VSELS TM" (very small embryonic-like stem cells), by demonstrating bone regeneration capabilities in a study published online ahead of print 1 in the journal Stem Cells and Development (DOI: 10.1089/scd.2012.0327). The paper highlights that human VSEL stem cells form human bone when implanted in the bone tissue of SCID mice.
VSELs are a population of stem cells found in adult bone marrow with potential regenerative properties similar to those of embryonic stem cells. NeoStem has shown that these cells can be mobilized into the peripheral blood, enabling a minimally invasive means for collecting what NeoStem believes to be a population of stem cells that have the potential to achieve the positive benefits associated with embryonic stem cells without the ethical or moral dilemmas or the potential negative effects known to be associated with embryonic stem cells.
This published controlled study, funded by NIH and led by Dr. Russell Taichman, Major Ash Collegiate Professor and Co-Director of the Scholars Program in Dental Leadership Department of Periodontics & Oral Medicine, University of Michigan and Dr. Aaron Havens, Department of Orthodontics and Pediatric Dentistry at University of Michigan, involved isolating G-CSF mobilized VSEL stem cells from the blood of healthy donors and transplanting them into burr holes made in the cranial bones of SCID mice. After three months, it was observed that the implanted VSEL stem cells had differentiated into human bone tissue in the crania of the mice. Dr. Taichman stated, "I believe this work represents a true partnership between Industry and Academic Institutions. Our findings that VSEL cells can generate human bone in animals would not have been feasible without the help and vision that Dr. Denis Rodgerson and his team at NeoStem brought to the table. It was my privilege to have been a part of this collaborative effort, and I see the resulting data as a significant milestone in stem cell therapy development. It is truly inspiring."
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Good condition - passed down from Aunt who recently hung up her chocolate apron. Let me know if interested. I'm in the DC area. $700 plus shipping costs. Thanks.
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Hello, I have a few questions, can you please call me at 305-968-4262., thks!
I too am very interested...please e-mail more info/photos to firstname.lastname@example.com.
I posted a couple pics here including shot of serial number.
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The Kitty and The Holga
Yeah. More kitten pics...what can I say? I simply can't resist at the moment.This photo was shot on film. Taken by fizzynothing with a Holga 120 CFN (available in our Online Shop) loaded with Kodak Portra 400NC (120mm) film in Edinburgh, United Kingdom. These tags describe this photo: 120mm, cat, cats, kitten, animals, pets, home, play, and 120. Date: 2012-05. Time: Noon. This photo can also be found in the album The Trouble Monster Meets The Holga.
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Marlin Briscoe
Marlin Oliver (Marlin the Magician) Briscoe (born September 10, 1945 in Oakland, California) is a former American collegiate and Professional Football wide receiver/quarterback who played professionally for nine years. Before being drafted by the American Football League's Denver Broncos in the 1968 Common Draft, Briscoe played high school football at Omaha South High School and college football at the University of Nebraska at Omaha. Briscoe was 5-foot-10 and 177 pounds when the AFL's Broncos took him in the 14th-round of the 1968 draft. He was eighth on the Broncos' QB depth chart in training camp. On September 29, 1968, starter Steve Tensi suffered a broken collarbone, and backup Joe DiVito was spotty. Head coach Lou Saban summoned Briscoe from the sidelines in the fourth quarter against the Boston Patriots. Briscoe's first play was a 22-yard completion. On his second series he orchestrated an 80-yard touchdown drive. He completed a 21-yard pass and ran for 38 more himself, carrying it the last 12 yards for the score. When Marlin Briscoe broke the Denver huddle and surveyed the Cincinnati Bengals defense as he walked to the line of scrimmage on October 6, he became the first  ( Wikipedia article )
Personal facts
- Date of birth
- 1945-09-10
- Place of birth
- Oakland
- Nationality
- United States of America
- Profession
- American football player
|University of Nebraska at Omaha
Athlete facts
- Sports
- American football


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India: Technology, Economy & Society: Costs
The cost estimate of the program is $3,600, which includes the cost of your meals, accommodations, airfare, and 4 credits of in-state undergraduate tuition. plus miscellaneous expense for your visa, and insurance. However, please see the cost estimate sheet for more details.
Click here to download the January 2015 program cost sheet!
Federal and New York State financial aid is generally applicable to study abroad programs. The Binghamton Office of Financial Aid Services is able to consider only the applications of students matriculated at Binghamton for degree study. Other SUNY and non-SUNY students should contact the financial aid office on the home campus for information about eligibility for all aid programs.


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If you are local and you love beautiful, handmade gifts be sure to stop by and visit Tom and Lucy's Art Shoppe this coming weekend in Lehi, Utah. The Art Shoppe is hosting its fifth shop and with over 30 unique and local vendors selling their products and designs, you're sure to find something you'll love. Local vendors from across the beehive state will be selling jewelry, candy and sweets, home decor, toys and games, soaps and lotions, clothing, pillows, vintage, chic accessories and lots of other goodies. Come and pick out something wonderful for spring.
I personally love the handmade jewelry and paper creations - since that is where my talents do not lie.
Tom and Lucy's Art Shoppe is excited to be co-hosting a Girls Night Out with the Sassy Scoops. Come and join us Thursday, May 19th from 6:30-9:00p.m. Bring your girlfriends and enjoy a night out with Tom and Lucy. Fantastic giveaways and prizes from every vendor, delicious food and music.....sounds fun. I'm hoping to be there.
And Tom and Lucy's is offering a $25 gift card to on of my local readers to spend any day of the Spring Boutique.
Enter to Win:
Visit Tom and Lucy's and let us know which vendor's products (left side-bar of the T&L blog) you would love to see in person and leave a comment on this post. For additional entries:
"Like" on Facebook
Follow on Twitter @artshoppeutah
Join our mailing list (right hand column)
Follow Tom and Lucy's Blog
Leave a comment for each one for 5 total chances to win. $25.00 Gift Card will need to be picked up the weekend of the Art Shoppe and used on any of the 3 days open: Thursday, Friday or Saturday. Hope you can make it - maybe I'll see you there! I'll pick a winner Wednesday night and let you know so that you have 3 full days to claim your prize. (Dang, I wish I could win.)
GIVEAWAY CLOSED. The winner is SewSara! Congrats Sara!


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2010 Electoral Thoughts & Work for 2011
Commissioner Tommy Adkisson
January 6, 2011
First of all, thank you to the voters of Precinct Four!
As you observed this 2010 cycle, we had a watershed election. The first I witnessed was right after the Sharpstown Scandal in the 1970's. Later I saw the dominant and traditional Democratic officials from the WW II era washed out in the Reagan slide of the early and mid-80's. Later I watched a pronounced swing toward Democratic elected officials at the Courthouse return significant numbers to the Courthouse, mostly judicial offices. So the 2010 election brought back yet another of the recurrent rounds of electoral turnover.
Many of those were defeated were in my opinion not turned out for reasons pertaining so much to what they did or did not do as much as the economy and the significant change coming recently from the federal government in Washington D.C..
So the real story here is not one of just being a Democrat or Republican. Each will experience ups and downs over time. It is about delivering great transactional or everyday service 365 days a year: returning the constant drumbeat of calls, attending endless events and meetings, helping with constituents at the office or in the field, hearing out and studying the various viewpoints on a withering array of issues and taking positions on hard issues once I have determined the correctness of the position.
In addition, I have leveraged heaven and earth to provide great transformational leadership to changing the way business is done on a range of at least six critical issues: energy (for example, solar, efficiency and conservation), health care (diabetes), jail population (re-entry and undue, senseless jail bloat), transportation (mass transit & obvious conventional improvements in our roadways), neighborhood revitalization (citizen participation in their own governance through neighborhood associations) and resource recovery (reducing, reusing and recycling in the City and in the 50-60 unincorporated subdivisions I am privileged to represent)! As many of you know by your awareness or own participation, I have organized a support group or series of initiatives around virtually each of these areas because they affect the guts of Bexar County Government!
Now, with the 2011 Texas Legislative Session nearly upon us and the Legislature in great need to find over $20 billion or more to close out its fiscal shortfall, everything we do statewide or locally is at risk! I hope to partner with the State to find workable solutions to doing business better or differently on a range of fronts. I trust that my being a former member of the Texas House and a long-standing commissioner will help our County during the difficult days that lie ahead of us!
In the meantime, Happy New Year to all of you! And, may God Bless Bexar County, along with our Great State and may he bless the world as much as he has blessed our State and Nation!


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Simple Morse code I generated. Can anyone figure it out?
It Says: "Vicki wrote|STOP|I have a backup|STOP|That has a semi broken hinge|STOP|I just have to be very careful with it|STOP|See the comment thread Vicki wrote|STOP|STOP|Regardless|STOP|I emailed the company I am trying to see about sending it in for repair|STOP|Vicki wrote|STOP|I already ordered a new phone|STOP|"
to fast for anyone to transmit or receive
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Exclusive: American, US Airways in Pilot Talks to Set Up Merger
CHARLOTTE, N.C. ( TheStreet) -- Key parties from US Airways (LCC) and American Airlines are negotiating a memorandum of understanding for a pilot contract, which could pave the way for a merger.
"We are negotiating," said Tom Hoban, spokesman for the Allied Pilots Association, which represents American Airlines pilots. "Everybody is at the bargaining table (in Dallas).
"The goal of the four-party talks is to reach a interim agreement between both pilot groups and their respective management teams," he said. "Without that interim agreement, there is chance that a consensual merger while inside bankruptcy would be in jeopardy."
The document would establish the terms for an interim pilots contract if there is a merger, which is expected by some analysts. It has not been reviewed by either airline or union board, but negotiating teams for the four parties are nearing an agreement.In a Tuesday afternoon e-mail to members of the US Airline Pilots Association, which represents US Airways pilots, President Gary Hummel wrote: "Last week your union entered into discussions in Dallas regarding a potential merger between AMR and US Airways." Hummel's letter overstated the extent of progress on reaching a deal and has been withdrawn, but a source said a memoradum of understanding with USAPA is close. Hummel said a memorandum of understanding, when it is reached, will be reviewed by pilot leadership to determine whether to endorse it. He said US Airways CEO Doug Parker and President Scott Kirby, as well as the creditors' lead counsel, Jack Butler, will address the USAPA board in Charlotte on Wednesday. A merger would create the world's largest airline with major hubs in Charlotte, Chicago, Dallas, Philadelphia and Phoenix and a strong presence in Los Angeles, New York and Washington. Follow @tedreednc -- Written by Ted Reed in Charlotte, N.C. >To contact the writer of this article, click here: Ted Reed
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BlackBerry OS 4.7 simulator gets updated! Now available for download…
Great news for developers this morning! RIM has just released a new version of the Java BlackBerry Developer Tools for OS 4.7 and primarily the BlackBerry Storm. This new update is a free download for developers to test their applications and see exactly how they will run on the Storm before actually releasing it. Here's a rundown of the new features:
BlackBerry JDE v4.7 Feature Enhancements
- Contains the BlackBerry® Storm™ smartphone simulator
- Touch Screen Support — Applications designed using the MIDP User Interface or BlackBerry User Interface will have built-in support for touch screen input. Any applications with custom User Interfaces will be able to receive the input events from taps, swipes, and gestures
- Orientation and Rotation Support — Applications can react to the changes in rotation of the smartphone, based on user movement. This support enables an application to re-draw its screens or do custom processing based on a rotation event
- Accelerometer Support — The Accelerometer Support in the BlackBerry JDE v4.7 enables support for motion above and beyond simple rotation. This feature allows full support for an application to query the accelerometer sensor and get data from the x, y and z axis to enable 360-degree motion sensing
- Virtual Keyboard API — The Virtual Keyboard API supports the ability of an application to show or hide the virtual keyboard on a per-screen basis. This allows applications to control when the virtual keyboard should or should not be visible
- Digital Rights Management (DRM) APIs — Applications can now install certificates on DRM protected content
- Set Theme Wallpaper — The Set Theme Wallpaper feature provides the ability for an application to set the homescreen wallpaper of a BlackBerry smartphone
- Camera and Media Integration enhancements — New APIs enable the developer to take advantage of several media enhancements:
- Image Targeting — When an image is taken by the user in the camera application, one of the available actions allows the user to send the image to a specific target. The new image targeting integration allows an application to register as a handler of that image for the "send to" action
- Dynamic Menu Items — When a custom application is registered as a handler for a specific content type, that application will also receive a "send to:" menu item in the BlackBerry media application
- Video Recording — Customer applications now have the ability to invoke the video recorder application to enable video capture
To dowload simply visit this link and download at the bottom.
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This is my 2nd year to participate in the "Ride to Cure Diabetes" in Lake Tahoe, CA. I rode this ride in 2013 for the first time and not only was it one of the toughtest bike rides I've ever done, it was one of the most rewarding events I've ever participated in. I was able to ride with a local teenager, Austin Dixon, who has Type 1 Diabetes and we both crossed the finish line together.
As many of you know, I have been working for the past 6 years with the JDRF organization. In July of 2014, I will become the President for our local Northwest Arkansas Chapter and will remain in that role for 2 years. In addition to my normal work with this organization, I have decided to participate in another fundraiser this year. In September 2014, I will be joining hundreds of other volunteers around the country to ride my bicycle for 72 miles in Lake Tahoe, CA. JDRF sponsors several other rides around the country and I have chose this one because it is one of the toughest due to the terrain and mountains.
Join me in the fight to cure, better treat and prevent type 1 diabetes!
I am asking for your support. Please donate to my personal fundraising efforts. By doing so, you can help me make a difference for millions of people living with type 1 diabetes.
My goal this year is to raise $4,000 by September. Whatever you can give will help me achieve that goal. No amount is too small and the best news is that this money goes towards improving the lives of all those people living with type 1 diabetes.
Did you know that:
As the leader of the type 1 diabetes community, JDRF unifies global efforts to cure, treat and prevent T1D. JDRF will not rest until T1D is fully conquered.
Thank you for your support!
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America's Car-Mart, Inc.
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Jim and Lori
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"Frog days" of summer begin at sunset June 30
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- Category: Outdoors
- Written by Joe Jerek
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Celebrate summer with a favorite outdoor pastime for many Missourians -- frogging season. It begins at sunset on June 30 and ends Oct. 31.
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Looking for a cool wallpaper for the upcoming Company of Heroes 2? Download this one! Company of Heroes is in development by Relic and will be published by THQ in early 2013. If you are unfamiliar with the game, this is one of the best RTS ever with the highest metascore a full RTS game has ever achieved to date. Many fans are anxiously waiting for this game to be released now. If you like Starcraft 2 and Command and Conquer, add Company of Heroes 2 to your watchlist
The Fanmade Wallpapers
Click on the link and then right-click on the big wallpapers and select Save as and find a location to save the wallpapers:
The first one has a few information in the left-bottom corner
Download Company of Heroes Wallpaper 1
The 2nd wallpapers is a clean with the first CoH2 screenshot and the logo
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The PR Code E-Book
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Oh you pretty things
Even though I am staying at home at the moment, I haven't felt like resuming knitting because I prefer using my precious spare time for other things. Why would I bother anyway, when P.'s grandma makes outfits as wonderful as this one? I must say it's great to see P. wear the items I have made for him though. He has worn these two a lot but they're already too small now.
What I haven't given up on is reading. I have been reading bestselling novels The Help by Kathryn Stockett and am currently reading Room by Emma Donohue. Two very different but very gripping stories, both about domination somehow. In both I appreciate the way the authors give voice to the characters (two black maids and an educated white girl / a 5-year-old boy), they sound really true to life. I would have preferred to read them in English but it was cheaper this way, and the translations are really fine.
And Santa brought me a beautiful big book about finnish textile design brand Marimekko.
Record of the day: The Who – Quadrophenia (The Director's Cut)Posted: January 5th, 2012 | Author: anneemall | Filed under: Books, Crafts | No Comments »


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DSU Student Earns Delta Mu Delta Scholarship
Jessica Parsley has been award a $1,000 scholarship from the National Delta Mu Delta organization. Delta Mu Delta is a national honor society in the field of business administration. To be chosen as a member in Delta Mu Delta, a student must attain a 3.2 cumulative grade point average and have completed at least half of the courses needed to obtain a Bachelor of Science in Business Administration.
Students enrolled in the business programs at schools where there is a chapter of Delta Mu Delta are eligible to compete in the Society's annual Scholarship Awards Program. For 2009 the Society presented 25 scholarships and up to 21 honorable mentions totaling $30,000 to outstanding business students across the country.
Parsley, a native of Adrian, MN, will be a senior business administration student in the College of Business and Information systems. She served as vice president of the Student Ambassadors, secretary of Delta Mu Delta, and an orientation leader for new students. She has been on the President's Academic Honors List for four consecutive semesters and is a member of three academic honor societies. While actively pursuing a degree, she is also working as a customer service representative at First Bank & Trust in Madison, SD.


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Hohenberg v. Ferrero USA, Inc
Filing 126
RESPONSE re 124 Objection, 123 Objection, Defendant Ferrero U.S.A., Inc.'s Response to Objections filed by Ferrero USA, Inc. (Attachments: # 1 Declaration Dale R. Bish, # 2 Exhibit A to Declaration of Dale R. Bish, # 3 Exhibit B to Declaration of Dale R. Bish, # 4 Proof of Service)(Bish, Dale) (ag).
1 2 3 4 5 KEITH E. EGGLETON, State Bar No. 159842 COLLEEN BAL, State Bar No. 167637 DALE R. BISH, State Bar No. 235390 AMIR STEINHART, State Bar No. 275037 WILSON SONSINI GOODRICH & ROSATI Professional Corporation 650 Page Mill Road Palo Alto, CA 94304-1050 Telephone: (650) 493-9300 Facsimile: (650) 565-5100 6 7 Attorneys for Defendant FERRERO U.S.A, INC. 8 UNITED STATES DISTRICT COURT 9 FOR THE SOUTHERN DISTRICT OF CALIFORNIA 10 11 In re FERRERO LITIGATION 12 13 14 15 16 17 ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO.: 11 CV 0205 H DEFENDANT FERRERO U.S.A., INC.'S RESPONSE TO OBJECTIONS Date: July 9, 2012 Time: 9:00 a.m. Before: Hon. Marilyn L. Huff 18 19 20 21 22 23 24 25 26 27 28 FERRERO U.S.A., INC.'S RESPONSE TO OBJECTIONS 11 CV 0205 H 1 TABLE OF CONTENTS 2 INTRODUCTION...........................................................................................................................1 3 BACKGROUND.............................................................................................................................2 4 A. Plaintiffs' Allegations .................................................................................2 5 B. Ferrero's Advertisements and Labeling for Nutella Is Not Deceptive........2 6 C. Other Obstacles To Class-wide Recovery...................................................4 7 ARGUMENT ..................................................................................................................................5 8 I. Legal Standard for Approving Class Action Settlements .......................................5 9 II. The Proposed Settlement Is Fair And Reasonable ..................................................6 10 A. Any Monetary Recovery By the Class Is Reasonable Considering the Strength of Ferrero's Defenses..............................................................6 B. The Advertisements and Labeling Are Not Deceptive But Ferrero Nevertheless Agreed to Modify Certain Statements to Address the Core Allegations In the Complaint..............................................................8 11 12 13 III. Any Allegation of Collusion Is Baseless.................................................................9 14 CONCLUSION .............................................................................................................................10 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FERRERO U.S.A., INC.'S RESPONSE TO OBJECTIONS -i- 11 CV 0205 H 1 TABLE OF AUTHORITIES 2 Cases Astiana v. Ben & Jerry's Homemade, Inc., Nos. C 10-4387, C 10-4937, 2011 WL 2111796 (N.D. Cal. May 26, 2011) ....................................................................8 3 4 Colgan v. Leatherman Tool Grp., Inc., 135 Cal. App. 4th 663 (2006)...........................................4 5 6 Deitz v. Comcast Corp., No. C 06-06352, 2007 WL 2015440 (N.D. Cal. July 11, 2007) ....................................................................................................5 7 Edmunson v. Procter & Gamble Co., No. 10-CV-2256, 2011 WL 1897625 (S.D. Cal. May 17, 2011) ....................................................................................................4 8 Flinn v. FMC Corp., 528 F.2d 1169 (4th Cir. 1975).......................................................................7 9 Frame v. Hillman, No. 01-CV-2193, 2002 WL 34520817 (S.D. Cal. July 31, 2002) ....................6 10 11 Franulovic v. Coca-Cola Co., Civil Action Nos. 07-539, 07-828, 2007 WL 3166953 (D.N.J. Oct. 25, 2007)..........................................................................4 12 Hanlon v. Chrysler Corp., 150 F.3d 1011 (9th Cir. 1998)..............................................................5 13 In re Bluetooth Headset Prods. Liab. Litig., 654 F.3d 935 (9th Cir. 2011) ....................................9 14 In re Corrugated Container Antitrust Litig., 643 F.2d 195 (5th Cir. 1981)....................................5 15 In re Mego Fin. Corp. Sec. Litig., 213 F.3d 454 (9th Cir. 2000) ....................................................5 16 In re Mfrs. Life Ins. Co. Premium Litig., No. 1109, 96-CV-230, 1998 WL 1993385 (S.D. Cal. Dec. 21, 1998) ....................................................................................................7 17 18 Jaffe v. Morgan Stanley & Co., No. C 06-3903, 2008 WL 346417 (N.D. Cal. Feb. 7, 2008) ......................................................................................................7 19 Kwikset Corp. v. Superior Court, 51 Cal. 4th 310 (2011)...............................................................4 20 Mason v. Coca-Cola Co., 774 F. Supp. 2d 699 (D.N.J. 2011)........................................................4 21 Officers for Justice v. Civil Serv. Comm'n, 688 F.2d 615 (9th Cir. 1982)..............................5, 6, 7 22 Sevidal v. Target Corp., 189 Cal. App. 4th 905 (2010) ..................................................................5 23 Xavier v. Philip Morris USA Inc., 787 F. Supp. 2d 1075 (N.D. Cal. 2011)....................................5 24 Statutes 25 21 U.S.C. § 343(r) ...........................................................................................................................3 Rules 26 21 C.F.R. § 101.9(c)(9) ...................................................................................................................3 27 28 Rules Food Labeling; General Requirements for Health Claims for Food, 58 Fed. Reg. 2478, 2491 (Jan. 6 1993) (to be codified at 21 C.F.R. pts. 20 and 21).............................................................................................................................3, 4 FERRERO U.S.A., INC.'S 11 CV 0205 H -iiRESPONSE TO OBJECTIONS 1 INTRODUCTION 2 From the inception of this lawsuit, Ferrero U.S.A., Inc. ("Ferrero") has stood by its 3 advertising and product labeling for its Nutella hazelnut spread and has been prepared to 4 demonstrate that there is nothing false or deceptive about the challenged statements. Consumers 5 of Nutella received exactly what they bargained for – a tasty hazelnut spread that can be enjoyed 6 in any number of ways, including as part of a balanced breakfast. In short, plaintiffs faced 7 significant obstacles in the litigation that would have made it difficult, if not impossible, for the 8 class to receive anything at all. 9 The parties participated in two settlement conferences before Magistrate Judge Cathy 10 Ann Bencivengo, as well as in private mediation with retired District Court Judge Nicholas J. 11 Politan. With their assistance, the parties reached an agreement to settle these claims. 12 Generally, the proposed settlement consists of two parts – a monetary component and an 13 injunctive relief component. 14 First, Ferrero created a settlement fund of $550,000 against which California consumers 15 can make claims and receive back a portion of the amount they paid for Nutella. The specific 16 amount of the refund depends on a number of factors, including the number of claimants, the 17 number of jars claimed by claimants, the costs of administering the settlement, and the amount of 18 attorney's fees awarded by the Court. That class members can receive any financial 19 compensation at all supports approval of the settlement because if plaintiffs had attempted to 20 litigate the case further, in all likelihood the class would have received nothing. 21 Second, Ferrero agreed to modify the product label to address the fundamental claim 22 raised in plaintiffs' complaint, i.e., that the sugar and fat content of Nutella were not prominently 23 displayed on the front of the jar. See Compl. ¶¶ 77, 97, 132-33. Ferrero also agreed to modify 24 its television commercials and the handful of marketing phrases at issue in the complaint, to 25 address other concerns raised by plaintiffs. 26 The proposed settlement provides an appropriate remedy to class members. It both takes 27 into account the strength of Ferrero's defenses and obstacles to class-wide recovery, while also 28 addressing the concerns in plaintiffs' complaint. Indeed, only three class members have objected FERRERO U.S.A., INC.'S RESPONSE TO OBJECTIONS -1- 11 CV 0205 H 1 to the settlement and those objections are limited to the value of the injunctive relief.1 Ferrero 2 therefore respectfully requests that the Court grant final approval of the proposed settlement. 3 BACKGROUND 4 A. Plaintiffs' Allegations 5 In their complaint, plaintiffs challenge certain statements made on the Nutella product 6 label and in television advertisements for Nutella, including: "Made with over 50 Hazelnuts per 7 Jar," "Contains No Artificial Preservatives," and "An example of a tasty yet balanced breakfast: 8 a glass of skim milk, orange juice and Nutella® on whole wheat bread." See, e.g., Compl. ¶¶ 79, 9 81, 146. 10 Plaintiffs do not contend that the challenged statements are actually false or that Ferrero 11 has somehow misstated the nutritional composition of Nutella. Rather, plaintiffs' theory of 12 deception is that Ferrero improperly emphasized the "healthy" nutrients (e.g., hazelnuts) while 13 failing to give equal prominence to the "unhealthy" ingredients (e.g., saturated fat and sugar). 14 See id. ¶¶ 95, 97, 99. With respect to the "balanced breakfast" statement on the back of the 15 Nutella label, plaintiffs allege that the statements incorrectly imply that the nutritional value of 16 Nutella is "derived from Nutella® itself" rather than "from other foods, such as whole-wheat 17 toast." Id. ¶¶ 28, 100. 18 B. Ferrero's Advertisements and Labeling for Nutella Is Not Deceptive 19 Ferrero, like all food manufacturers, is subject to a comprehensive regulatory scheme 20 enacted by Congress and the Federal Food and Drug Administration ("FDA") that ensures 21 uniform labeling. Ferrero complies with those requirements and accurately lists the nutritional 22 value of Nutella in the familiar "Nutrition Facts" panel along with the list of ingredients. 23 Nothing is hidden, concealed or misstated. If a consumer has any question about the amount of 24 fat or sugar in Nutella, he or she must simply look at the jar. Class Certification Mot. Hr'g Tr. at 25 26 27 28 1 In addition to the Court-approved notice plan, the settlement received a significant amount of media attention. See Declaration of Dale R. Bish filed concurrently herewith. FERRERO U.S.A., INC.'S RESPONSE TO OBJECTIONS -2- 11 CV 0205 H 1 3, Nov. 7, 2011 ("At the same time, so here's someone who gets Nutella. The ingredients are 2 right on the jar."). 3 Moreover, as explained in Ferrero's motion to dismiss (Dkt. No. 48), any state law 4 requirement governing the labeling of food is prohibited unless it is identical to the federal law. 5 Because Ferrero complies with the FDA labeling requirements, it cannot be held liable under 6 state law for failure to include additional disclosures on the Nutella label. Although the Court 7 denied portions of Ferrero's motion to dismiss under rule 12(b)(6), discovery in the case – 8 including the depositions of the named plaintiffs – was confirming that many of plaintiffs' claims 9 are preempted as a matter of law.2 10 Finally, notwithstanding plaintiffs' allegations, Ferrero never suggested that Nutella – 11 when consumed alone – is itself nutritious and balanced. Rather, Ferrero's "An example of a tasty 12 yet balanced breakfast . . . ." statement conveys Ferrero's view that consumers can spread Nutella 13 on whole grain products to improve their taste, and will receive a mix of nutrients when consumed 14 with food items such as fruit, orange juice, and skim milk. To prevail on their claims, plaintiffs 15 would have to demonstrate that the depicted breakfast (Nutella on whole wheat bread with fruit 16 and skim milk) was not balanced by any objective definition. Plaintiffs would be unable to do so 17 because the depicted breakfast is, in fact, balanced under accepted nutritional guidelines and 18 would have been proven to be so at trial. 19 According to the daily reference values ("DRV") as established by the FDA, adults and 20 children four years and older should include approximately 65 grams of total fats and 20 grams of 21 saturated fats in a typical 2,000 calorie daily diet. See 21 C.F.R. § 101.9(c)(9). A full serving of 22 Nutella contains 11 grams of total fat (i.e., 17% of the DRV) and 3.5 grams of saturated fat (i.e., 23 24 25 26 27 28 2 As explained in Ferrero's motion to dismiss, challenges to statements about the nutritional composition of a product, i.e., the amount of protein, are preempted as a matter of law. 21 U.S.C. § 343(r). In opposing that motion, plaintiffs argued that statements about ingredients are not implied nutrient claims. However, during their depositions, plaintiffs acknowledged that they do, in fact, associate ingredients with nutrients. See, e.g., Rude-Barbato Dep. (Dkt. No. 765) at 29:8-13 ("[Q.] So because – do you associate hazelnuts with protein? A. Right, I do. I – well, yea, peanut butter, the hazelnuts. Q. So you see that as – A. Nuts, I think, are a protein, yes."). FERRERO U.S.A., INC.'S RESPONSE TO OBJECTIONS -3- 11 CV 0205 H 1 18% of the DRV). With respect to sugar, the FDA has declined to establish a daily reference 2 value because "the public health community has not identified a dietary level above which 3 consumption of sugars has been demonstrated to increase the risk of a disease." Food Labeling; 4 General Requirements for Health Claims for Food, 58 Fed. Reg. 2478, 2491 (Jan. 6 1993) (to be 5 codified at 21 C.F.R. pts. 20 and 21). Therefore, any suggestion that a breakfast cannot possibly 6 be considered "balanced" if it contains 3.5 grams of saturated fat (i.e., 18% of the FDA's daily 7 recommended allowance) or 21 grams of sugar is simply wrong. At most, that view would 8 constitute an individual's own subjective opinion, which is not actionable under the states' 9 consumer fraud statutes. Hr'g Tr. at 27 ("You said puffery, puffery, advertising. And I will say 10 it's a close call on that."); Edmunson v. Procter & Gamble Co., No. 10-CV-2256, 2011 WL 11 1897625, at *3 (S.D. Cal. May 17, 2011) ("An alleged misrepresentation must relate to an 12 objectively verifiable fact; subjective representations related to product superiority are mere 13 puffery and are not actionable under the UCL or CLRA."). 14 C. Other Obstacles To Class-wide Recovery 15 Aside from the shortcoming of their theory of liability, plaintiffs would have faced a 16 number of other obstacles before recovering any relief for the class. 17 For example, even if plaintiffs could prevail on their theory of liability, they would have to 18 present a credible measure of damages. See, e.g., Colgan v. Leatherman Tool Grp., Inc., 135 Cal. 19 App. 4th 663, 698-99 (2006). Under these circumstances, it would be difficult – if not impossible 20 – for plaintiffs to demonstrate a quantifiable loss caused by the challenged statements. Where 21 consumers receive something of value (here, a jar of Nutella), the purchase price of the product is 22 not an ascertainable loss. See Kwikset Corp. v. Superior Court, 51 Cal. 4th 310, 330 (2011) 23 (economic injury was difference between purchase price paid and actual value of mislabeled 24 product). Indeed, there is no loss whatsoever where a plaintiff purchases a product that contains 25 the ingredients listed on its label. Mason v. Coca-Cola Co., 774 F. Supp. 2d 699, 703-04 (D.N.J. 26 2011); Franulovic v. Coca-Cola Co., Civil Action Nos. 07-539, 07-828, 2007 WL 3166953, at *9 27 (D.N.J. Oct. 25, 2007). Moreover, Nutella remains an extremely popular product with a deep and 28 loyal customer base that is satisfied with, and that continues to purchase, Nutella notwithstanding FERRERO U.S.A., INC.'S RESPONSE TO OBJECTIONS -4- 11 CV 0205 H 1 the media frenzy that has followed this case. In other words, consumers are happy with their 2 purchase and believe Nutella is worth the price. Therefore, in the event plaintiffs were able to 3 articulate a common theory of damages, the amount claimed would represent a tiny fraction of the 4 purchase price. 5 Finally, even if plaintiffs successfully took the case through trial and articulated a theory of 6 damages, they would still be required to identify the individuals entitled to relief, and demonstrate 7 their entitlement to damages. Identification would be especially difficult because only individuals 8 who relied on the contested advertisements and labels would be able to recover. To identify those 9 entitled to relief, Ferrero would have been entitled to ask "numerous individualized fact-intensive 10 questions" to test the memory and credibility of each potential class member as to the type and 11 amount of Nutella they purchased. Deitz v. Comcast Corp., No. C 06-06352, 2007 WL 2015440, 12 at *8 (N.D. Cal. July 11, 2007) (finding that classes whose definition depends on "'numerous 13 individualized fact-intensive questions'" are "ill-defined and unmanageable") (citation omitted). 14 It would not be "proper or just" to require Ferrero to accept sworn oaths or affidavits in lieu of 15 cross-examination under these circumstances. Xavier v. Philip Morris USA Inc., 787 F. Supp. 2d 16 1075, 1090 (N.D. Cal. 2011). 17 Satisfying that standard, if it were even possible, would be difficult and time-consuming 18 for plaintiffs and the Court because Ferrero does not directly transact with consumers and "[i]t 19 would be impossible to determine [class membership] without significant inquiry." Deitz, 2007 20 WL 2015440, at *8; see also Sevidal v. Target Corp., 189 Cal. App. 4th 905, 919 (2010) ("[C]lass 21 members could not be 'readily identified' because Target did not maintain, or have access to, 22 records identifying the individuals who purchased a product with an erroneous country-of-origin 23 designation."). 24 25 ARGUMENT I. Legal Standard for Approving Class Action Settlements 26 In considering whether to approve settlement agreements, district courts must determine 27 "whether the settlement is fundamentally fair, adequate, and reasonable." Officers for Justice v. 28 Civil Serv. Comm'n, 688 F.2d 615, 625 (9th Cir. 1982) (citing In re Corrugated Container FERRERO U.S.A., INC.'S RESPONSE TO OBJECTIONS -5- 11 CV 0205 H 1 Antitrust Litig., 643 F.2d 195, 207 (5th Cir. 1981)); In re Mego Fin. Corp. Sec. Litig., 213 F.3d 2 454, 458 (9th Cir. 2000) (citing Hanlon v. Chrysler Corp., 150 F.3d 1011, 1026 (9th Cir. 1998)). 3 The analysis balances several factors, including: the strength of plaintiffs' case; the risk, expense, 4 complexity, and likely duration of further litigation; the risk of maintaining class action status 5 throughout the trial; the amount offered in settlement; the extent of discovery completed; the stage 6 of the proceedings; the experience and views of counsel; and the reaction of the class members to 7 the proposed settlement. Officers for Justice, 688 F.2d at 625. In addition, the "strong judicial 8 policy in favor of settlements in complex class actions" should always inform fairness 9 determinations. Frame v. Hillman, No. 01-CV-2193, 2002 WL 34520817, at *5 (S.D. Cal. July 10 31, 2002). 11 The court's inquiry is not "a trial or rehearsal for trial on the merits" because "any ultimate 12 conclusions [made by the court] on the contested issues of fact and law which underlie the merits 13 of the dispute" negate the primary goals of settlement—avoidance of the expense and uncertainty 14 of continued litigation. Officers for Justice, 688 F.2d at 625. The issue "is not whether the 15 settlement could be better, but whether it is fair, reasonable, and adequate and free from 16 collusion." Frame, 2002 WL 34520817, at *5. Ultimately, a settlement is a compromise and as 17 such, the fairness determination is "nothing more than an amalgam of delicate balancing, gross 18 approximations and rough justice." Officers for Justice, 688 F.2d at 625. (citation and internal 19 quotation marks omitted). 20 II. The Proposed Settlement Is Fair And Reasonable 21 After two settlement conferences before then-Magistrate Judge Bencivengo, and private 22 mediation with Judge Politan, the parties agreed to a settlement that consisted of two components 23 – a monetary fund that allows consumers to obtain a partial refund of their purchase price and 24 injunctive relief that addresses the core allegations of plaintiffs' complaint. 25 A. Any Monetary Recovery By the Class Is Reasonable Considering the Strength of Ferrero's Defenses 26 27 28 The monetary component of the proposed settlement will provide class members with relief that the Court could order if plaintiffs were able to overcome the substantial obstacles in this FERRERO U.S.A., INC.'S RESPONSE TO OBJECTIONS -6- 11 CV 0205 H 1 case and obtain a litigated judgment: a portion of the purchase price of Nutella. No objector has 2 suggested, nor could they, that monetary relief is an unreasonable remedy, and none have 3 complained that Ferrero should have paid more. Here, it would impossible for plaintiffs to recover 4 anything close to the full purchase price of Nutella because every class member received 5 something of value. Therefore, the "highest hopes" in this case would be a tiny percentage of 6 what they paid.3 The settlement reflects that reality. Jaffe v. Morgan Stanley & Co., No. C 06- 7 3903, 2008 WL 346417, at *9 (N.D. Cal. Feb. 7, 2008) ("[A] sizeable discount is to be expected in 8 exchange for avoiding the uncertainties, risks, and costs that come with litigating a case to trial."); 9 Officers for Justice, 688 F.2d at 628 ("It is well-settled law that a cash settlement amounting to 10 only a fraction of the potential recovery will not per se render the settlement inadequate or 11 unfair.") (citing Flinn v. FMC Corp., 528 F.2d 1169, 1173-74 (4th Cir. 1975)). 12 Given the significant risks and drawbacks to further litigation, a settlement amount 13 equivalent to a fraction of the full purchase price is appropriate. At the time of settlement, 14 discovery was demonstrating that Ferrero's advertisements and labeling for Nutella are not 15 deceptive; that Nutella's labels comply with FDA regulations; that Nutella can, in fact, be enjoyed 16 as part of a balanced breakfast; and that class members are happy with their purchases and have 17 continued buying Nutella. Therefore, any amount of monetary recovery by the class is fair and 18 reasonable given the strength of Ferrero's defenses and the obstacles to any classwide recovery. 19 20 21 22 23 24 25 26 27 28 3 Plaintiffs do not claim that they bought a valueless product. Plaintiffs would therefore rely on expert testimony to quantify the amount of overpayment, if any, that was attributable to the challenged statements. That model would have to account for the fact that the challenged advertising campaign was the first time that Nutella had ever been advertised in the United States in any meaningful way. Assuming that plaintiffs' damages model could survive Daubert scrutiny, the damages analysis would still result in a "battle of experts," with each side presenting its figures and defenses to the other side's proposals. In re Mfrs. Life Ins. Co. Premium Litig., No. 1109, 96-CV-230, 1998 WL 1993385, at *5 (S.D. Cal. Dec. 21, 1998) ("At a trial, there would likely be a battle of experts on myriad complex factual questions . . . these considerations favor approval of the Settlement."). FERRERO U.S.A., INC.'S RESPONSE TO OBJECTIONS -7- 11 CV 0205 H 1 2 B. The Advertisements and Labeling Are Not Deceptive But Ferrero Nevertheless Agreed to Modify Certain Statements to Address the Core Allegations In the Complaint 3 Plaintiffs' core allegations are that Ferrero improperly touts the positive attributes of 4 Nutella (e.g., that Nutella can be part of a "balanced breakfast" and is "[m]ade with over 50 5 hazelnuts per jar") without giving equal prominence to the "unhealthy" nutrients, saturated fat 6 and sugar. As explained more fully in its motion to dismiss, Ferrero complies with the extensive 7 regulatory framework established by the FDA, which establishes uniform requirements for where 8 and how to disclose the nutritional contents of a food product. Plaintiffs believe that food 9 companies must do more than is required by the FDA and make that information more 10 prominent. Although it is under no legal obligation to do so, Ferrero has agreed to address 11 plaintiffs' concerns by changing the front label of Nutella to display the amount of calories, 12 saturated fat, sodium and sugar in each 2 tablespoon serving. By doing so, Ferrero will have 13 addressed the heart of plaintiffs' action in a way that goes beyond what plaintiffs could have 14 obtained at trial. Astiana v. Ben & Jerry's Homemade, Inc., Nos. C 10-4387, C 10-4937, 2011 15 WL 2111796, at *9 (N.D. Cal. May 26, 2011) (rejecting plaintiffs' claim that defendants' labels 16 were misleading in that they did not disclose the synthetic nature of an ingredient, because 17 "where manufacturers are in compliance with FDA requirements regarding express nutrient 18 content labeling . . . requiring those manufacturers to add or change something on the label . . . 19 would necessarily impose [an improper] state-law requirement for disclosure"). 20 With respect to the television advertisements, Ferrero continues to believe that there is 21 nothing deceptive about suggesting that parents can feel good about serving their children a 22 balanced breakfast that includes Nutella. Nevertheless, Ferrero agreed to replace the 23 advertisements with the input of class counsel. 24 Finally, plaintiffs allege that one of Ferrero's existing marketing statements ("An 25 example of a tasty yet balanced breakfast") somehow suggests that Nutella contributes more 26 nutrients to the proposed breakfast than it actually does, or that Nutella is, by itself, a balanced 27 breakfast. Ferrero has always disagreed with plaintiffs' strained reading of that phrase but 28 nevertheless agreed to modify the statement. Although objectors Drey and Pridham contend that FERRERO U.S.A., INC.'S RESPONSE TO OBJECTIONS -8- 11 CV 0205 H 1 Nutella cannot be part of a balanced breakfast, they have offered no objective criteria to refute 2 the FDA's dietary guidelines. 3 The remaining objections to the settlement fundamentally question whether the value of 4 the injunctive relief justifies the amount of attorney's fees sought by plaintiffs' counsel. That is 5 an issue on which Ferrero takes no position and that should not interfere with the approval of the 6 settlement. See Settlement Agreement ¶ 61 ("Ferrero shall have no obligation to take any 7 position with respect to amounts not awarded to Class Counsel as part of the Fee Award or to 8 amounts not awarded to the Plaintiffs as part of the Incentive Award."). 9 III. 10 Any Allegation of Collusion Is Baseless Objectors Drey and Pridham suggest that the proposed settlement is the product of 11 collusion between the parties. Those assertions are baseless. The proposed settlement was 12 reached by the parties with the assistance of Judge Bencivengo and retired Judge Politan – a 13 former Chief Judge for the District of New Jersey whose reputation, experience and abilities 14 made him one of the most respected and sought-after mediators in the country. It is misplaced 15 advocacy for any objector to suggest that Judge Bencivengo or Judge Politan would tolerate, let 16 alone participate in, collusive activity. 17 In support of their baseless assertion, the objectors cite the Ninth Circuit's opinion in In 18 re Bluetooth Headset Products Liability Litigation, 654 F.3d 935 (9th Cir. 2011). In Bluetooth, 19 the proposed settlement consisted of a $100,000 cy pres distribution to non-profit groups, no 20 monetary recovery for the class, and up to $800,000 in possible attorney's fees. On appeal, the 21 Ninth Circuit noted that the fee request was eight times higher than the cy pres amount, 22 explained the district court's "duty to assess fully the reasonableness of the fee request," and 23 remanded the case so that the district court could more-fully explain the methodology and factors 24 it considered in determining the fee award was reasonable. Id. at 943. Because the fee award 25 was "possibly unreasonable," the Ninth Circuit also vacated approval of the underlying 26 settlement so that the district court "may appropriately factor this into its Rule 23(e) analysis." 27 Id. at 945-46. On remand, the parties submitted additional materials and briefing in support of 28 FERRERO U.S.A., INC.'S RESPONSE TO OBJECTIONS -9- 11 CV 0205 H 1 the original settlement, which is currently under submission. See In re Bluetooth Headset Prods. 2 Liab. Litig., No. 07-1822 (C.D. Cal. Feb. 28, 2007), Dkt. Nos. 347, 348, 350, 352. 3 With respect to the three factors identified in the Bluetooth opinion, the Ninth Circuit did 4 not suggest that settlements with those features are per se inappropriate and cannot be approved. 5 Indeed, the Ninth Circuit "express[ed] no opinion on the ultimate fairness of what the parties 6 have negotiated." 654 F.3d at 950. Rather, in those circumstances, the Ninth Circuit cautioned 7 the district court to take special care and '"assure itself that the fees awarded in the agreement 8 [are] not unreasonably high.'" Id. at 947 (citation omitted). 9 Ferrero takes no position on what fee-award methodology would be appropriate under the 10 circumstances here or whether the value of the injunctive relief supports plaintiffs' attorney fee 11 request. However, the underlying settlement in this case is distinguishable from Bluetooth 12 because, here, the settlement provides the relief that plaintiffs were seeking – a percentage of the 13 purchase price, additional disclosure of fat and sugar, and modifications to the television 14 advertisements. 15 16 17 CONCLUSION For all of these reasons, Ferrero respectfully requests the Court overrule the objections and issue final approval to the proposed settlement. 18 19 Dated: July 2, 2012 WILSON SONSINI GOODRICH & ROSATI Professional Corporation 20 21 By: /s/ Dale R. Bish Dale R. Bish Attorneys for Defendant Ferrero U.S.A., Inc. 22 23 24 25 26 27 28 FERRERO U.S.A., INC.'S RESPONSE TO OBJECTIONS -10- 11 CV 0205 H


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Ala. governor opposes curtailing river locks
MONTGOMERY, Ala. (AP) — Gov. Robert Bentley has sent the U.S. Army Corps of Engineers a letter urging the agency to reconsider reducing lock usage on two rivers in Alabama.
Bentley said Friday the corps' plan to curtail service beginning in October would hurt recreation and job development in Alabama.
The corps says budget cuts and low traffic are causing it to curtail operations at locks on the Alabama and Chattahoochee rivers. Locks in Wilcox and Monroe counties on the Alabama River and locks in Barbour and Houston counties on the Chattahoochee River will be available to commercial traffic by appointment. Recreational traffic will be able to use the locks only if they are being operated for another purpose.
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If you're looking for the perfect pink wedding dress, this is the place to find it. More
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Also see...Jet Skiing in NJ and Water Skiing in NJ
Best places to go Parasailing in NJ!
East Coast Parasail
Utsch's Marina - 1121 Route 109, Cape May, NJ
Experience the high-flying thrill, panoramic veiws and pure excitement of parasailing down the New Jersey Shore. Come parasail at 500' over the beautiful Atlantic Ocean and experience firsthand the natural high of soaring above the Jersey Shore. Parasailing is a safe and fun experience for the whole family. 100% Safety record! Take off and land from the boat - Get wet or stay dry your choice. Single or tandem passenger flights are available. Group rates available for parties of 6 or more flyers.
Highly recommended by FunNewJersey.com!
About Us
Atlantic City Parasail
800 North New Hampshire Ave., Atlantic City, NJ
Atlantic City's premier water sport company! See the amazing coastline of Atlantic City while soaring above in our 2 or 3 person parachutes. We are USCG inspected for safety and continuously invest in the newest up-to-date safety equipment. 100% safety record with over 40,000 flights.
Why lose your money in a casino when you could invest it in a family fun experience of a lifetime. Trips depart every 90 minutes throughout the summer so call now and make your reservation!
LBI Parasail
24 W 6th Street, Barnegat Light, NJ
Come fly high above New Jersey's most beautiful shoreline and have the time of your life. Since 1997, LBI Parasail has been Long Beach Island's premier parasail operation. Located at Lighthouse Marina in Barnegat Light, we offer the best parasailing experience possible. Our boat is United States Coast Guard certified with annual safety inspections and it is the only USCG Certified parasail boat in LBI.
We continually invest in new equipment to ensure the comfort and safety of our customers. Our licensed USCG captain has 13 years of experience and over 40,000 flights. We utilize the newest & best equipment available and our crew adheres to the strictest parasail safety regulations in the industry, so you can rest assured that you will receive the safest and most enjoyable parasail experience ever. Oh, and by the way..........We have a 100% Safety Record! So, get off the beach and Come fly with the best! Reservations Required.
Highly recommended by FunNewJersey.com!
Book Online
View beautiful Long Beach Island from the comfort of the calm, warm bay waters. Drift up to 500 ft. above the bay and enjoy the breath taking view of the beach and island. Our experienced crew will gently lift you off the platform of our 34 ft. parasail winch boat, and you will fly over the bay under a huge parachute. If you wish, you may descend gently down to the water to take a little, or big, dip in the bay, then shoot back skyward. Landing takes place on the platform of the boat and is as gentle as the take-off.
Visit their website for more information and call 609-492-0375 to make your reservation today!
Point Pleasant Parasail
Ken's Landing - 30 Broadway, Pt. Pleasant Beach, NJ
Come join us for safe, easy, family fun for all ages, shapes and sizes! Point Pleasant Parasail offers both parasailing and banana boat rides. Sit back and relax as you soar 500 feet high in the sky taking in the beautiful views of the Jersey Coastline. Fly alone or with a buddy. Getting wet is optional, but highly recommended. Afraid of heights? Hop on the banana raft for the ride of your life.
Point Pleasant Parasail is located in Point Pleasant Beach, NJ at Ken's Landing. Our captains have over 25 years combined experience in the parasail industry and have worked in the Caribbean, the Coastal U.S. and Hawaii. We adhere to strict U.S.C.G regulations and keep all our equipment up to date to ensure the safety of our customers.
We're open 7 days a week. Call 732-714-2FLY to book a reservation. Reservations required. Gift certificates available. Offering early bird discounts and group rates.
Visit our website for more information: www.pointpleasantparasail.com
Highly recommended by FunNewJersey.com!
Sea Isle Parasail
86th Street and the Bay, Sea Isle City, NJ
Imagine soaring high above the Atlantic Ocean in a specially designed parachute while being towed behind a high tech speed boat.
Our custom built winchboats are "state of the art", utilizing a hydraulic launch and recovery system. This provides for easy take-off and landings directly from the flight deck of the boat. Each ride is under control for an effortless ocean thrill ride. You don't even have to get wet!
Highly recommended by FunNewJersey.com!
Belmar Parasail
618 5th Ave. Belmar NJ, 732-682-0272
Ocean City Parasail
232 Bay Avenue, Ocean City NJ, 609-399-3559
Atlantic Parasail
Two Mile Landing - Ocean Drive Highway, Wildwood Crest NJ, 609-522-1869
Hang Loose Parasail
1044 W. Rio Grande blvd. Wildwood, NJ 609-522-9453
East Coast Parasail
Utsch's Marina - 1121 Route 109, Cape May, NJ 609-898-UFLY
Other related Outdoor Adventures in NJ
Find places to go Jet skiing in NJ
Find places to go Water skiing in NJ
Find places to go Tubing in NJ
Find places to go White Water Rafting in NJ
See All Outdoor Adventures in NJ
See Extreme Outdoor Adventures in NJ
Imagine yourself up there!
On this page
Parasailing New Jersey
Places to go parasaing down the NJ
Best places to go parasailing in New Jersey


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1969 Alfa Romeo Duetto Convertible, A very unique spec Alfa Romeo Duetto, a European Production 1750 Spyder with Weber DCOE Carburetors. I have been... More
1969 Alfa Romeo Duetto Turbo '69 Alfa Romeo Duetto Turbo, yellow with black interior, solid body, excellent original car with lots of potential that has... More
It is often said that any car enthusiast should own at least one Alfa Romeo in their life. Alfa Romeos have a certain quality... More
1967 Alfa Romeo Duetto '67 Alfa Romeo Duetto, red with black interior, black soft top, extremely original car, same elderly owner for many years,... More
1967 Alfa Romeo Duetto '67 Alfa Romeo Duetto, white with black interior, comes with a soft top frame, excellent original car that has been sitting... More


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Fact or fiction, if you do your research, you will find out that that this has been taking place for a long time. Do you think that some nations believe in the concept of breeding a perfect population to rule the world. A world without sickness, a world that is far superior to any race now in existence. Do your won research and see what decision you come up with. Fact or Fiction!
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The Beacon
Blog Tags: Chile
Patagonia's Penguins at Risk from Proposed Coal Mine
Last month Chile's government approved a controversial coal mine project in southern Patagonia's Riesco Island, despite opposition from local residents and environmental groups, including Oceana.
Oceana presented a report to Chile's environmental ministry outlining the threats facing mammals and birds in the region, including the area's most emblematic seabird, the Magellanic penguin. The threats from the mine include heavy metal pollution (such as mercury), oil spills, and boat collisions with marine mammals.
Riesco Island is part of Chile's Alacalufes National Reserve, which is home to an important colony of Magellanic penguins – around 10,000 of the seabirds live around the island. The island and its surroundings are also home to at least 27 species of bird and 7 marine mammal species, including humpback whales. One of the region's waterways, Otway sound, is one of the only places on the Chilean coast where the Chilean dolphin, bottlenose dolphin and southern dolphin can all be found.
The heavy metals released by coal mining would affect seabirds' reproduction, especially the penguins. Oil spills can contaminate the eggs, cause death by inhalation and ingestion, and loss of feather waterproofing, which can lead to hypothermia.
Plus, Chile does not have a contingency plan to treat animals affected by oil spills. According to our report, of 76 penguins treated for oil contamination in 2006 in Patagonia's Madalena Island, 22 died. And in 2004, an oil spill in Chile's Tierra del Fuego led to the loss of 88% of the adults in a colony of rock cormorants.
Continue reading...
Video: Chile's Underwater Trove
Earlier this year, Oceana Chile sailed to far-flung Alexander Selkirk Island, named for the Scottish sailor who spent four years as a castaway on the island, probably inspiring the story of Robinson Crusoe.
The island is one of three that comprise the Juan Fernández Archipelago, which sits more than 400 miles off the coast of Chile.
Check out the stunning footage they came back with:
As you can see, the expedition team found a surprising abundance and diversity of species around the island, including lobsters and many kinds of fish. While the archipelago has been compared to the Galápagos Islands for its rich biodiversity, it lacks conservation measures against destructive fishing. As a result, Oceana has been working for several years with the fishing communities of Juan Fernández to protect their exceptional marine resources.
Continue reading...
CEO Note: Victory! Chile Bans Shark Finning
Great news! Chile's Congress has voted unanimously to ban shark finning -- and I'm proud to announce that it's a direct result of our work.
The bill, which Oceana drafted and campaigned for, will end the brutal practice of shark finning, in which a shark's fins are sliced off and the shark is thrown back into the water to suffocate or bleed to death. The new bill requires sharks to be landed with their fins still naturally attached.
This victory follows on the heels of a very similar ban passed by the United States Congress last December. Chile's adoption of the same approach is heartening at a time when sharks are in serious trouble around the world.
Up to 78 million sharks are killed each year for their fins, and Chile has become a major shark fin exporter. A Freedom of Information Act request filed by Oceana revealed that between 2006 and 2009, Chile exported more than 71 tons of shark fins from 8 different species.
With the passage of this bill, Chile joins a growing list of countries leading the way in shark conservation. This legislation will help protect shark populations and ocean health in Chile and beyond.
Congratulations to our Chilean colleagues, and thanks to supporters like you, whose support makes it possible for us to win significant victories like this one.
Continue reading...
Oceana's Spring Digital Mag
Hey ocean lovers, the spring issue of our digital magazine is now available! We're pretty excited about it; here are some of the features this time around:
*A stunning photo slideshow of Chile's Salas y Gomez Island, where we recently helped create the world's fourth-largest no-take marine reserve.
*Comedians Rachael Harris and Angela Kinsey join Oceana to save sea turtles.
*Victory! Belize ends trawling once and for all.
*Video of Jeff Bridges' performance at the 2010 SeaChange Summer Party.
*Trailer for Ted Danson's new book, "Oceana".
Check out the full issue to see the videos, photos and stories, and spread the word!
Continue reading...
Good News for Sharks and the Oceans
I have several good news items to share with you this week.
First, I am happy to announce that our trawling ban in Belize is now official. Belize is home to a major portion of the world's second largest reef system as a well as a thriving local fishing community, and the ban protects both these essential elements of Belizean life.
Belize is one of only a few countries in the world to completely ban trawling. We won this important victory with the help of the local community, our staff in Belize and Sir Thomas Moore, a longtime supporter of Oceana's work around the world.
Second, we have made great strides in our campaign to save sharks. As top predators, sharks are essential to a healthy ocean, and a hundred million sharks are killed every year by the industrial fishing industry – mostly for their fins.
Late last year, we won an incredible victory to protect sharks with the passage of the Shark Conservation Act, which banned shark finning in the United States. Now, we are on the verge of gaining two more important victories to protect sharks.
Continue reading...
Chilean Supreme Court Rules in Favor of Oceana
The good news just keep coming in Chile. Yesterday the Chilean Supreme Court ruled against a lawsuit filed by the laboratory Veterquímica to prevent the Livestock and Agriculture Bureau (SAG) from disclosing information to Oceana.
The case began in 2009, when Oceana submitted a Freedom of Information Act request to SAG to access documents that the Bureau used to approve the use of quinolone-related antibiotics in Chile's salmon farming industry. The SAG denied the information due to the opposition of the laboratories Veterquímica, Recalcine and Centrovet, the main suppliers of these chemicals in Chile. Now the SAG has until April 5th to disclose the documents that supported its decision to approve such antibiotics.
Continue reading...
Victory! 2nd Coal-Fired Power Plant Defeated in Chile
For the second time in less than a year, Oceana has helped to defeat a coal-fired power plant on the coast of northern Chile. The CAP company announced last week that it was withdrawing its plans to construct the Cruz Grande thermoelectric power plant.
Cruz Grande was slated to be a 300-megawatt thermoelectric power plant in the region of La Higuera in Northern Chile, a few miles from the Choros-Damas and Chañaral island marine reserves, and near the Humboldt Penguin National Reserve, which is home to the world's largest population of Humboldt penguins. The region also hosts communities of bottlenose dolphins, marine otters and many marine birds and mammals, including blue whales.
These creatures and habitats were at risk from the plant's emissions, which would have arrived quickly to the reserves. The plant would have used the area's seawater to cool the plant, discharging it back into the ocean at higher temperatures. Oil spills from ships carrying coal to the plants would seep there in a few hours, and the local currents would retain the pollution within the area. Plus, mercury emissions from the plants would contaminate fish and mollusks like the Chilean abalone, damaging a crucial local industry.
Continue reading...
Chilean Congress Advances Shark Finning Ban
Excellent news for sharks in Chile: Last week the Fisheries Committee of the Chilean Senate voted unanimously to advance legislation that would ban shark finning. Oceana helped promote the bill, which now heads to the Senate for a vote.
Of the 30 species of sharks caught in Chilean fisheries, at least 15 are subject to finning, and blue sharks and mako sharks are the most affected species.
Oceana filed a Freedom of Information Act request to the Chilean National Customs Service, which revealed that between 2006 and 2009, 71 tons of dry shark fins were exported and corresponded to eight different species.
In 2006, the Chilean Government pledged to take conservation measures for sharks through a National Action Plan for Shark Conservation which, among other goals, aims to eliminate finning.
If the bill is approved, shark finning will be banned and sharks will have to be landed with all their fins naturally and completely attached to their bodies. Also, the presence of loose fins on-board, or the transportation or transfer of cut shark fins between vessels, will be totally prohibited.
We'll keep you posted as the bill moves through the Chilean Congress. The momentum to end shark finning around the world appears to be growing, which is great news for sharks and the oceans.
Continue reading...
Become a 2011 Oceana Member Today!
Last year, the support of our members helped us win major victories all over the world. We helped score a ban on trawling in Belize's waters, blocked a coal burning power plant in Chile, and helped win the passage of the Shark Conservation Act in the US. But we still have work to do and we need your help!
Donate $35 by February 28 and you'll get our reusable water bottle, which helps cut down on single use plastic pollution. Donate $100 or more and you'll also get one year of our quarterly printed magazine, full of info about our work all over the world, interviews with our celebrity supporters, tips on sustainable seafood, and more!
2010 was a year full of successes for us, thanks to the support of all our members. Join us in 2011 and help make it an even bigger year for ocean conservation.
Join by February 28 to support the oceans AND take advantage of our great membership offers.
Continue reading...
Setting Sail for Sala y Gómez and Easter Island
On Sunday Oceana and the National Geographic Society, in an unprecedented collaboration with the Chilean Navy, launched a scientific expedition to the waters that surround Chile's Sala y Gómez Island and Easter Island.
The expedition comes after a preliminary trip by Oceana and National Geographic last March. The results of that initial journey, as you may recall, led the Chilean government to create a no-take marine reserve, Motu Motiro Hiva Marine Park, around Sala y Gómez. At 150,000 square kilometers, the park increases Chile's protected marine areas from 0.03% to 4.4%.
The scientific results of this expedition will be crucial in monitoring the new marine park, and the scientists will assess the health of the waters surrounding Easter Island to determine the need for new conservation measures. Easter Island's EEZ includes currently unprotect underwater mountains.
Continue reading...
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From Does God Have a Big Toe? Stories About Stories in the Bible by Rabbi Marc Gellman (HarperTrophy, 1993). Used with permission.
Jacob cried a lot. Jacob cried when he was happy. Jacob cried when he was sad. But mostly Jacob cried when he saw beautiful things. The sight of a fresh new flower or a sunset would fill him with happiness and he would just cry. He couldn't help it. But his father Isaac was not happy about having a son who cried a lot.
Isaac would not take Jacob hunting because Jacob would cry at the thought of some furry little animal becoming his supper. So Isaac would take his other son Esau, who loved to hunt and never cried.
"Why can't you be more like your brother Esau?" Isaac would scold Jacob. "He hunts and fights and never cries. He is a real man."
And Jacob would answer, "I cry when I feel like crying, I just can't change that." Then Isaac would stomp off, kick the dirt, and mutter strange words.
Meanwhile, Rachel, who was Jacob's cousin living in a place called Harron, was also having trouble with her father. Rachel was a shepherd, and this drove her father Laban crazy. Day and night he would yell at her, "Get away from those sheep and goats! Why can't you be more like your sister Leah? She doesn't smell like sheep. She sits in the tent and cooks and sews. She is a real woman."
And Rachel would answer, "I like being a shepherd. I just can't change that." Then her father would stomp off, kick the dirt, and mutter strange words.
But there was one part of shepherding Rachel did not like. The well for watering the flocks had to be corked up each day with a huge rock so that all the water would not gush out and dry up. The rock was so big that every morning all the shepherds in the area had to push together to move the rock off the well. And every night they had to gather together to push it back on.
One day, on the way to morning rock pushing, Rachel saw a new man at the well. He was small and fair skinned, with warm brown eyes, and he was talking with the other shepherds at the well. Suddenly this little man, all by himself, pushed the big rock off the well. The shepherds were amazed. The man approached Rachel and said, "My name is Jacob, the son of Isaac and Rebekah. I am your cousin and I have been on a long journey. I am very happy to see you." The Jacob kissed Rachel and started to cry because she was so very beautiful.
When the other shepherds saw Jacob crying, they said, "He is strong, but real men don't cry," and they walked away.
But Rachel did not leave Jacob. She sat by him on the rock and they watched the flocks drink from the well. Rachel said, "I never saw a man as strong as you who cries." Jacob looked at Rachel and said, "I never saw a woman so beautiful as you who is a shepherd."
They laughed and Jacob cried, and then after a time they went home—together.
For more information contact web @ uua.org.
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Please consider making a donation today.
Last updated on Thursday, October 27, 2011.
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Pistil RyeSKU: #7834733
Product Information
- Basic is never boring when you're wearing the simple but detailed style of the Pistil™ Rye Hat.
- Beanie made of soft merino wool.
- Fat rib detail.
- Stretch to fit.
- 100% merino wool.
- Hand wash only.
- Measurements:
- Circumference: 18 in
- Product measurements were taken using size One Size (22"-23.6"). Please note that measurements may vary by size.


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Smith-Victor KSB-1000F Economy Softbox Two Light Kit, with 2 SBL-2436 Softbox Lights, Light Stands, 2 75-watt Fluorescent Lamps, & SoftCase on Wheels, 120V AC
What's Included With This Item:
- Two SBL2436 500 Watt Photoflood 24"x 36" Softbox Lights
- 2 75-watt Fluorescent Lamps, Two-ECT 500 Watts/120 Volt Lamps
- Two Raven 8' Black Light Stands
- "Imaging with Light" Guide
- Smith Victor SoftCase on Wheels
- Smith Victor One Year Fixtures & Stands Warranty
- Smith Victor 30 Day Softbox Warranty
Ways to Save
Why Adorama?Easy Returns, Fast Shipping, Trusted for over 35 years.
Need help? Call 800-223-2500 212-741-0052
Our Price$369.00 $15 per week Add to Wishlist


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Last update:
December 17. 2014 15:15:53
Father Abraham's totally comprehensive and all encompassing History of the Copenhagen Viking Wankers!*, plus a few other affiliated hashes.
You'll find all the answers and more in the most complete history of any hash anywhere. Read it here... NOW!
*"Works better than any sleeping tablet" - Calapso
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In 1935, Frank Lloyd Wright designed a country house for the Kaufmann family over a small stream in Western Pennsylvania. He named it Fallingwater. It, perhaps more than any other building, exemplifies Wright's concept of "Organic Architecture," which seeks to harmonize people and nature by integrating the building, the site, and its inhabitants into a unified whole. This
Disc One: Documentary Film — Lynda Waggoner, Director of Fallingwater, along with architectural historian, Richard Cleary, provide an
Disc Two: Interactive Virtual Tour — (for Windows /OSX) This Interactive Virtual Tour utilizes an intuitive
Note — We regret that we cannot give refunds on videotapes,


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OK really, I'm giving away an incredible array of FANTASTIC adhesives.
I just like the way "giving away glue" rolled off my tongue.
But, before I tell you more, I just have to say THANK YOU for your kind, understanding and appreciative comments yesterday. I feel so supported in my imperfection and struggles. I am feeling so much better. How cool is it that WE have the Internet and blogs that can be used in this way. I bet we don't even realize how we "come off" on our blogs. I would hate for anyone to think that I've got some secret happiness pill that solves all of life's challenges. I do try hard to take the optimistic view–I am now going to try to share more of the things I'm working on and struggling with.
I may not always reply, but I always read your comments and learn from them.
Thank YOU so very much!
Now, I had the good pleasure of meeting Tracy Weinzapfel at the Winter CHA show. She generously gave me several Helmar products to try and I really like them (especially the liquid "Scrap Dots") I told her I wanted to a giveaway on my blog and WOW did they ever come through …
Leave me a comment with either an adhesive question or solution.
Something you wish you knew how to "stick" better or something that you are "sticking to" because it works so well.
One comment will win the ALL of the following Helmar products. Yes, ALL of them!
· Liquid Scrap Dots – Stacy's Favorite!
· 450 Quick Dry
· Acid Free Glue
· Gemstone Glue
· Premium Craft Glue
· V2 Vellum Adhesive
· Adhesive Runner & Twin Pack Refill
· Zapdots (white, black & clear)
FYI: Helmar is an Australian based manufacturer of adhesives & art mediums, now distributing products in the United States.
Helmar has a website in the works, which is really exciting. In the meantime, please visit their blog to learn more about them. In fact, they just announced their 2010 design team and the line up of guest bloggers for the rest of the year.
You can Helmar spread by "liking" them on Facebook.
I'm impressed with so many manufacturers in our industry and are very forward facing and interact with their consumers–I feel like this is what makes or breaks a company and product-line for me. Helmar wants to know how you are using their products and wants to showcase your creative ideas and solutions. You can strut your stuff here.
Comments will close tomorrow at noon and we'll post a WINNER.
On another note, there are some really COOL things happening in the Textuality gallery (layout by Lisa in Australia.)
BPS instructor, Amy Sorenson is not only a fantastic writer, she is adept at helping you present your words in a readable way.
Amy's years of prolific journaling have given rise to an arsenal of text-based tips and tricks and her class is all about bringing a unique "texture" to your story-based pages.
Learn more and register here. Registration closes tomorrow evening!
Have a good day. Stop and notice something beautiful and then tell someone about it.


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About Me
In addition to hosting and producing The Wisconsin Gardener on Wisconsin Public Television for over 20 years now, I also create silk scarves dyed with plants. This is a wonderful extension of gardening and allows me to play with my plants. It has grown into a small and quite active business. I offer scarf dyeing classes throughout Wisconsin and northern Illinois and my scarves are for sale at a number of galleries and gift shops.
For details on current scarf classes click here.