text:
Committee For A Fair And Balanced Map et al v. Illinois State Board of Elections et al
Filing 77
OPINION AND ORDER Signed by the Honorable John Daniel Tinder, the Honorable Robert L. Miller and the Honorable Joan Humphrey Lefkow on 10/12/2011:Mailed notice(mad, )
UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION COMMITTEE FOR A FAIR AND BALANCED MAP, JUDY BIGGERT, ROBERT J. DOLD, RANDY HULTGREN, ADAM KINZINGER, DONALD MANZULLO, PETER J. ROSKAM, BOBBY SCHILLING, AARON SCHOCK, JOHN M. SHIMKUS, JOE WALSH, RALPH RANGEL, LOU SANDOVAL, LUIS SANABRIA, MICHELLE CABALLERO, EDMUND BRENZINSKI, and LAURA WAXWEILER Plaintiffs, v. ILLINOIS STATE BOARD OF ELECTIONS, WILLIAM M. MCGUFFAGE, JESSE R. SMART, BRYAN A. SCHNEIDER, BETTY J. COFFRIN, HAROLD D. BYERS, JUDITH C. RICE, CHARLES W. SCHOLTZ, and ERNEST L. GOWEN, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. 11 C 5065 Judge John Daniel Tinder Judge Robert L. Miller Judge Joan Humphrey Lefkow OPINION AND ORDER This matter is before the court on plaintiffs' motion to compel enforcement of third party subpoenas [Dkt. No. 52] and certain non-parties' motion to quash subpoenas and for a protective order [Dkt. No. 58]. The motions raise legislative privilege issues rarely addressed by the courts because they pertain to the redistricting activity that follows each decennial census. For this reason, this opinion is more lengthy than the typical ruling on discovery issues. BACKGROUND The United States Constitution requires Illinois lawmakers to redraw the state's congressional district boundaries after each decennial census. U.S. CONST. ART. I, § 2; id. amend. XIV, §§ 1 & 2; id. AMEND. XV; Ryan v. State Bd. of Elections of State of Ill., 661 F.2d 1130, 1132 (7th Cir. 1981). Pursuant to this authority, the Illinois General Assembly drafted, debated, and passed the Illinois Congressional Redistricting Act of 2011 (the "Redistricting Act") (P.A. 97-14). The Redistricting Act eliminates one congressional seat, as required by the 2010 United States Census results, and establishes boundaries for the state's eighteen remaining congressional districts. Beginning on March 28, 2011, and continuing through May 2, 2011, members of the Illinois House of Representatives and the Illinois Senate held a series of public hearings at locations around the state where members of the public were allowed to comment on the redistricting process. See 10 Ill. Comp. Stat. 125/10-5. On May 27, 2011, the Democratic leadership of the Illinois House and Senate Redistricting Committees released the congressional redistricting plan ("2011 Map") on its website. Three days later, the Illinois House of Representatives passed the Redistricting Act, and the next day the Illinois Senate followed suit. On June 24, 2011, the Governor signed the Redistricting Act into law, and the present litigation ensued. The plaintiffs comprise three groups: The Committee for a Fair and Balanced Map, a notfor-profit organization created by Illinois citizens concerned about the congressional redistricting process in Illinois; nine Republican Congressmen and one Republican Congresswoman; and six registered voters, four of whom are identified as Latino and two as Republican (collectively 2 "plaintiffs"). The defendants include the Illinois State Board of Elections, the agency charged with implementing the 2011 Map, and its individual members (collectively "defendants"). Plaintiffs allege that the 2011 Map discriminates against Latino and Republican voters, and they seek to invalidate the redistricting plan in whole or in part. Specifically, plaintiffs allege that the 2011 Map violates the Voting Rights Act of 1965, 42 U.S.C. § 1973 ("VRA") (Count I), the Fourteenth Amendment (Count II) and the Fifteenth Amendment (Count III) by diluting the voting strength of Latino voters. Plaintiffs also claim that the 2011 Map constitutes an impermissible racial gerrymander in violation of the Fourteenth Amendment (Count IV) and a partisan gerrymander in violation the First Amendment (Count V) and Fourteenth Amendment (Count VI). The parties have engaged in expedited discovery. Pursuant to Federal Rule of Civil Procedure 45, plaintiffs served thirty subpoenas duces tecum1 on a number of non-party entities and individuals, including the (i) Illinois House of Representatives (through Tim Mapes, Chief of Staff); (ii) Office of the Speaker of the Illinois House of Representatives (through Tim Mapes, Chief of Staff); (iii) Illinois House Redistricting Committee (through Barbara Flynn Currie, Chairperson); (iv) Illinois Senate (through Jillayne Rock, Secretary of the Senate); (v) Office of the Senate President (through Andrew Manar, Chief of Staff); (vi) Illinois Senate Redistricting Committee (through Kwame Raoul, Chairperson); and (vii) various legislative staffers with knowledge of the reapportionment scheme (collectively "Non-Parties"). The subpoenas contain 1 The United States District Court for the Central District of Illinois issued twenty-five of the thirty subpoenas served by plaintiffs because most of subpoenaed witnesses reside in Springfield, Illinois. The remaining five subpoenas were issued by the United States District Court for the Northern District of Illinois. According to Non-Parties, the Northern District of Illinois subpoenas capture all of the documents within the scope of the Central District of Illinois subpoenas, including those possessed by the Illinois House and Senate Redistricting Committees and individual staff members. 3 twenty-one requests for production encompassing documents and communications related to the 2011 Map. Non-Parties refused to comply with plaintiffs' requests, claiming that legislative immunity, the deliberative process privilege, the attorney-client privilege and/or the workproduct doctrine protect the documents from disclosure. On September 15, 2011, plaintiffs filed a motion to compel enforcement of the third party subpoenas. The next day, the President of the Illinois Senate, the Speaker of the Illinois House of Representatives, and the chairpersons of the Illinois House and Senate Redistricting Committees moved to quash. Each party was allowed to file a response and this three-judge court heard arguments on September 29, 2011. ANALYSIS I. Relevance of Requested Discovery Plaintiffs have served Non-Parties with twenty-one document requests. A. Requested Documents Plaintiffs seek a plethora of documents concerning the planning, development, negotiation, and drawing of the 2011 Map.2 These documents can be broadly categorized as 2 Plaintiffs' document requests include: 1. 2. 3. All documents related to the state of Illinois legislative and/or congressional redistricting process which led to the planning, development, negotiation, drawing, revision or redrawing of the 2011 Map. All documents, including, but not limited to, reports, analyses, election results or other election data, and communications pertaining or relating to the planning, development, negotiation, drawing, revision or re-drawing of the 2011 Map. All documents regarding any communications, discussions, meetings and/or conversations, pertaining or relating to the planning, development, negotiation, drawing, revision or re-drawing of the 2011 Map with any of the following: Defendants; Democratic Congressional Campaign Committee or anyone else acting on its behalf; Illinois House and Senate Redistricting Committees; any member of the Illinois General Assembly or anyone acting on their behalf; any current or former member of Congress (continued...) 4 2 (...continued) 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. and anyone acting on their behalf; any interest groups that testified at the redistricting hearings. All documents, communications or other matter, including all data files or other data type related to election and/or voter data; election redistricting software; and all 2010 Census data used for the purpose of planning and drawing the 2011 Map or any other potential congressional plan that was not adopted. All documents, communications or other matter, that constitute, refer or relate to data files and drafts of data files used to formulate the composition of Districts 3, 4, 5 of the 2011 Map. Any draft drawings of any Districts of the 2011 Map. All documents which reflect the identity of any and all persons who assisted in the drawing of Districts 3, 4, and 5 of the 2011 Map. All documents which reflect when the planning and drawing of Districts 3, 4, and 5 of the 2011 Map were finalized. All documents which reflect the identity of person(s) who made or participated in the decision to have the Latino Voting Age Population ("VAP") in District 3 as 24.64%. All documents which reflect the identity of person(s) who made or participated in the decision to have the Latino VAP in District 4 as 65.92%. All documents which reflect the identity of person(s) who made or participated in the decision to have the Latino VAP in District 5 as 16.05%. All documents which reflect the identity of any expert or consultant who reviewed, commented on, advised or otherwise rendered any advice or opinion concerning the 2011 Map. All documents which reflect the identity of any expert or consultant who conducted any racial bloc voting or racial polarization analysis concerning the 2011 Map. Documents which reflect any racial bloc voting or racial polarization analysis conducted by any expert or consultant. All documents or communications pertaining or relating to any analysis, review, study or consideration undertaken by any expert, consultant, scholar or other person regarding whether the 2011 Map complies with the VRA, the U.S. Constitution, or the Illinois Constitution. All documents which consist of reports or opinions of any expert or consultant used to support the composition of the entire 2011 Map. All documents which reflect any and all analysis concerning the viability of drawing two Latino congressional Districts, whether the Districts be considered majority or influence districts. Any engagement letters provided to experts or consultants engaged for the purposes of planning, preparing, drawing, and analyzing or providing supporting evidence for the 2011 Map. All records of payment to any experts or consultants. All documents identifying any person(s) involved in the decision to post the proposed congressional plan on the Illinois Senate website during the early morning hours of May 27, 2011. All documents identifying any person(s) who actually posted the congressional plan on (continued...) 5 (1) information concerning the motives, objectives, plans, reports, and/or procedures used by lawmakers to draw the 2011 Map;3 (2) information concerning the identities of persons who participated in decisions regarding the 2011 Map;4 (3) the identities of experts and/or consultants retained to assist in drafting the 2011 Map and contractual agreements related thereto;5 and (4) objective facts upon which lawmakers relied in drawing the 2011 Map.6 B. Relevancy of Requested Documents Under Rule 26 of the Federal Rules of Civil Procedure, parties may obtain discovery of any nonprivileged matter that is relevant to any party's claim or defense. Plaintiffs make six claims related to the 2011 Map. See Compl. ¶¶ 108–38. Proof of discriminatory intent is required for plaintiffs to prevail on their Fourteenth and Fifteenth Amendment racial discrimination claims.7 It has also been found sufficient, though not necessary, to sustain a VRA claim. See United States v. Irvin, 127 F.R.D. 169, 171 (C.D. Cal. 1989) (after the 1982 amendments to the VRA, "plaintiffs may carry their burden by fulfilling either the more restrictive intent test or the results test") (internal quotation marks and citations omitted); accord Garza v. County of Los Angeles, 918 F.2d 763, 771 (9th Cir. 1990). 2 (...continued) the Illinois Senate website during the early morning hours of May 27, 2011. 3 See Req. Nos. 1–6, 8, 14–17. [Doc. No. 52-1.] 4 See Req. Nos. 7, 9–11, 20–21. [Doc. No. 52-1.] 5 See Req. Nos. 12–13, 18–19. [Doc. No. 52-1.] 6 See Req. Nos. 2 & 4. [Doc. No. 52-1.] 7 The test for plaintiffs' partisan gerrymandering claims is unsettled. See Vieth v. Jubelirer, 541 U.S. 267, 124 S. Ct. 1769, 158 L. Ed. 2d 546 (2004). 6 To demonstrate intentional discrimination, however, plaintiffs need not offer direct evidence of discriminatory intent. Direct evidence includes statements made by the decision making body or members thereto. See, e.g., ACORN v. County of Nassau, No. 05-2301, 2007 WL 2815810, at *3 (E.D.N.Y. Sept. 25, 2007) (ACORN I) ("testimony regarding a legislator's stated motivation might be the most direct form of evidence" of discriminatory intent.) Instead, plaintiffs may rely on circumstantial evidence to show that lawmakers purposefully discriminated against Latino and/or Republican voters in enacting the 2011 Map. See Ketchum v. Byrne, 740 F.2d 1398, 1406 (7th Cir. 1984) ("In Rogers, the [Supreme] Court affirmed the district court's finding of intentional discrimination based on indirect and circumstantial evidence and endorsed its reliance on a 'totality of the circumstances' approach.") (citing Rogers v. Lodge, 458 U.S. 613, 622–27, 102 S. Ct. 3272, 73 L. Ed. 2d 1012 (1982)). For example, to evaluate claims of racial vote dilution under the Fourteenth Amendment, courts rely on the totality of the circumstances test. See Rogers, 458 U.S. at 618. Under this test, courts may infer discriminatory intent from a variety of circumstantial factors. These factors include, but are not limited to, bloc voting along racial lines; low minority voter registration; exclusion from the political process; unresponsiveness of elected officials to needs of minorities; and depressed socio-economic status attributable to inferior education and employment and housing discrimination. Ketchum, 740 F.2d at 1406 (citing Rogers, 458 U.S. at 622–27). Other factors include the historical background of the decision; the specific sequence of events leading up to the challenged decision; departures from the normal procedural sequence; minority retrogression (i.e. a decrease in the voting strength of a cohesive voting bloc over time); and manipulation of district boundaries to adjust the relative size of minority groups, including 7 the "packing" of minority voters. See Village of Arlington Heights v. Metro. Housing Dev. Corp., 429 U.S. 252, 267–68, 97 S. Ct. 555, 50 L. Ed. 2d 450 (1977); Rybicki v. State Bd. of Elections, 574 F. Supp. 1082, 1108–12 (N.D. Ill. 1982). Thus, under the totality of the circumstances test, the court may infer an "invidious discriminatory purpose . . . from the totality of the relevant facts," including the discriminatory effect of the redistricting scheme. Rogers, 458 U.S. at 618 (citation omitted). Plaintiffs allege many of these circumstantial factors in their Complaint. See Compl. ¶¶ 38–45 (events leading up to enactment); ¶ 60 (history of discrimination); ¶¶ 52–54 (manipulating district boundaries); ¶ 57 (racial polarization of elections). Yet many of plaintiffs' document requests solicit direct, not circumstantial, evidence of legislative intent, by demanding documents that contain communications between lawmakers and their staff. See, e.g., Req. Nos. 1–5 & 8. These documents are likely to contain the motives, impressions and/or opinions of those responsible for drafting the 2011 Map. Other requests seek the identities of those who made or participated in key decisions, suggesting an attempt by plaintiffs to gain insight to the thought processes of these individuals, if not now, then perhaps later through depositions. See, e.g., Req. Nos. 7, 9–13. To be sure, statements made by members of the decision-making body are relevant to show discriminatory intent. See Village of Arlington Heights, 429 U.S. at 268. But this is but one factor among many that plaintiffs may use to prove their claims. As acknowledged by the Supreme Court, Inquiries into congressional motives or purposes are a hazardous matter. When the issue is simply the interpretation of legislation, the Court will look to statements by legislators for guidance as to the purpose of the legislature, because the benefit to sound decision-making in this circumstance is thought sufficient to risk the 8 possibility of misreading Congress' purpose. It is entirely a different matter when we are asked to void a statute that is, under well-settled criteria, constitutional on its face, on the basis of what fewer than a handful of Congressmen said about it. What motivates one legislator to make a speech about a statute is not necessarily what motivates scores of others to enact it, and the stakes are sufficiently high for us to eschew guesswork. Hunter v. Underwood, 471 U.S. 222, 228, 105 S. Ct. 1916, 85 L. Ed. 2d 222 (1985) (quoting United States v. O'Brien, 391 U.S. 367, 383–84, 88 S. Ct. 1673, 1682–1683, 20 L. Ed. 2d 672 (1968)); see also Palmer v. Thompson, 403 U.S. 217, 224, 91 S. Ct. 1940, 29 L. Ed. 2d 438 (1971) ("no case in this Court has held that a legislative act may violate equal protection solely because of the motivations of the men who voted for it"); Hispanic Coalition on Reapportionment v. Legislative Reapportionment Comm., 536 F. Supp 578, 586 (D. Pa. 1982) (holding that discriminatory statements made by the chairman of a city redistricting committee were insufficient to prove discriminatory intent absent a showing that the state legislative body adopted the chairman's views). Thus, the individual motivations and objectives of those who drafted the 2011 Map, although relevant, are not critical to the outcome of this case. The remainder of plaintiffs' document requests pertain to facts, plans, reports or procedures created, formulated or used by lawmakers to draft the 2011 Map. Objective facts, such as United States Census reports and election returns, are highly relevant to plaintiffs' claims and necessary to prove many of the totality of the circumstances factors, including racial bloc voting, retrogression and manipulation of district boundaries. The actual facts upon which lawmakers relied, however, are less relevant because they say little as to whether the overall effect of the 2011 Map is discriminatory. Lawmakers may have considered a lot of facts and drawn a discriminatory map, or considered no facts and drawn a perfectly constitutional map. The proof, so they say, is in the pudding; and the pudding is the 2011 Map. 9 Finally, to the extent that the plans, reports and procedures used by lawmakers to draw the 2011 Map shed light on the sequence of events leading up to its enactment, this information may be relevant to plaintiffs' claims. The most important events, however, are those undertaken by the legislative body, such as public hearings, committee meetings and floor debates. The deliberations of individual lawmakers, even those who helped draw the 2011 Map, are less probative of the totality of the circumstances test. Nevertheless, because most of plaintiffs' requests seek material relevant within Rule 26, the court will consider whether any of these documents are privileged from disclosure. II. Identification of Nonprivileged Matter The issue before this court is the extent to which legislative immunity shields non-party state lawmakers from providing evidence in a civil lawsuit related to their legislative activities. Plaintiffs argue that the privilege is qualified and narrow. Non-Parties argue that it is absolute. A. Absolute Legislative Immunity The Speech or Debate Clause of the United States Constitution grants federal lawmakers absolute legislative immunity from civil suit for their legitimate legislative activities. The Clause states that "for any Speech or Debate in either House," Senators and Representatives "shall not be questioned in any other Place." U.S. CONST. ART. I, § 6, cl. 1. When applied, this provision shields federal lawmakers "engaged in the sphere of legitimate legislative activity" from being sued for prospective relief or damages. Supreme Ct. of Va. v. Consumers Union of U.S., 446 U.S. 719, 732, 100 S. Ct. 1967, 64 L. Ed. 2d 641 (1980) (quoting Tenney v. Branhove, 341 U.S. 367, 376, 71 S. Ct. 783, 95 L. Ed. 1019 (1951)). It also mandates an evidentiary privilege that prevents the legislative acts of a member of Congress from being used against him 10 or her in court. See United States v. Helstoski, 442 U.S. 477, 488–89, 99 S. Ct. 2432, 61 L. Ed. 2d 12 (1979). Finally, it provides a testimonial privilege that protects a member or the member's aides from judicial questioning regarding the member's legislative acts. Gravel v. United States, 408 U.S. 606, 616, 92 S. Ct. 2614, 33 L. Ed. 2d 583 (1972). "In sum, the Speech or Debate Clause prohibits inquiry . . . into those things generally said or done in the House or the Senate in the performance of official duties and into the motivation for those acts." United States v. Brewster, 408 U.S. 501, 512, 92 S. Ct. 2531, 33 L. Ed. 2d 507 (1972). The Speech or Debate Clause, by its terms, does not apply at all to state and local legislators. See, e.g., Fla. Ass'n of Rehab. Fac., Inc. v. State of Fla. Dep't of Health & Rehab. Servs., 164 F.R.D. 257, 266 (N.D. Fla. 1995). Instead, the federal common law applies.8 Applying the federal common law, the Supreme Court in Tenney held that members of a state legislative committee were immune from civil liability for allegedly violating an individual's civil rights by calling him before the committee to testify in an effort to interfere with his First Amendment rights. 341 U.S. at 376–77. Since Tenney, it is clear that under the federal common law "state and local officials are absolutely immune from federal suit for personal damages for their legitimate legislative activities." Empress Casino Joliet Corp. v. Blagojevich, 638 F.3d 519, 527 (7th Cir. 2011) (citations omitted), partially vacated and decided on unrelated grounds by Empress Casino Joliet Corp. v. Balmoral Racing Club, Inc., 651 F3d 799 (7th Cir. 2011); see also Tenney, 341 U.S. at 376–77. This immunity also extends to "legislative staff members, officers, or other employees of a legislative body, although it is considered less absolute as 8 This case presents federal questions and therefore the federal common law applies. Fed. R. Evid. 501; see generally 3 WEINSTEIN'S EVIDENCE § 501.02[2][b][i] (1997) (in federal question cases, federal privilege law, rather than the privilege law of the forum state, generally applies). 11 applied to these individuals." Marylanders for Fair Representation, Inc. v. Schaefer, 144 F.R.D. 292, 298 (D. Md. 1992) (internal quotation marks and citations omitted). The scope of the federal common law is not entirely settled, however. The Supreme Court has held that in a federal criminal prosecution, a state legislator did not have an absolute evidentiary privilege based in legislative immunity from introduction of evidence of his legislative acts. United States v. Gillock, 445 U.S. 360, 373, 100 S. Ct. 1185, 63 L. Ed. 2d 454 (1980). Gillock carved out an exception from Tenney, reasoning that "the cases in this court which have recognized an immunity from civil suit for state officials have presumed the existence of federal criminal liability as a restraining factor on the conduct of state officials." 445 U.S. at 372. See Fla. Ass'n of Rehab. Fac., Inc, 164 F.R.D. at 267 ("legislators and some of their staff members may be immune to civil process in a suit directly against them . . . [but this immunity] is not an evidentiary privilege"). Since Gillock, a number of courts have "rejected the notion that the common law immunity of state legislators gives rise to a general evidentiary privilege." Manzi v. DiCarlo, 982 F. Supp. 125, 129 (E.D.N.Y. 1997) (citations omitted); see Cano v. Davis, 193 F. Supp. 2d 1177, 1180 (C.D. Cal. 2002) ("state legislators do not enjoy the type of absolute protection afforded members of the Congress under the Speech or Debate Clause"); In re Grand Jury, 821 F.2d 946, 957 (3d Cir. 1987) ("Neither the threat of harassment, the dangers of distraction, nor the potential disruption of confidential communications justifies a qualified privilege for the full range of legislative activities normally protected by the Speech or Debate Clause."). The issue before this court is whether common law legislative immunity absolutely shields non-party state lawmakers from providing evidence in a civil lawsuit related to their 12 legislative activities. Given the federal interests at stake in redistricting cases, this court concludes that common law legislative immunity does not entirely shield Non-Parties here. In Gillock, the Supreme Court noted that "where important federal interests are at stake, such as in the enforcement of federal criminal statutes, comity yields." 445 U.S. at 373. The federal government's interest in enforcing voting rights statutes is, without question, important. See, e.g., Irvin, 127 F.R.D. at 174 ("The federal interest in the present case is compelling. The Voting Rights Act forbids local practices that abridge the fundamental right to vote. This Act requires vigorous and searching federal enforcement."); Bartlett v. Strickland, 556 U.S. 1, ----, 129 S. Ct. 1231, 1240, 173 L. Ed. 2d 173 (2009) ("Passage of the Voting Rights Act of 1965 was an important step in the struggle to end discriminatory treatment of minorities who seek to exercise one of the most fundamental rights of our citizens: the right to vote."). Voting rights cases, although brought by private parties, seek to vindicate public rights. In this respect, they are akin to criminal prosecutions. Thus, much as in Gillock, "recognition of an evidentiary privilege for state legislators for their legislative acts would impair the legitimate interest of the Federal government." Gillock, 445 U.S. at 373. Moreover, the Supreme Court has stated that evidentiary privileges must be "strictly construed" and accepted "only to the very limited extent that permitting a refusal to testify or excluding relevant evidence has a public good transcending the normally predominant principle of utilizing all rational means for ascertaining truth." Trammel v. United States, 445 U.S. 40, 50, 100 S. Ct. 906, 63 L. Ed. 2d 186 (1980) (citation omitted). This court therefore does not find in the common law an absolute immunity for non-party state lawmakers that protects them from 13 producing documents in federal redistricting cases. Instead, Non-Parties' privilege claims are best analyzed under the doctrine of legislative privilege. B. Legislative Privilege Other courts in different contexts have applied a qualified legislative privilege to protect state lawmakers from producing documents related to their legislative activities. This privilege is similar to the deliberative process privilege, which is also qualified, but the deliberative process privilege applies to the executive branch, not the legislature. The legislative privilege does not shield lawmakers from being sued, but rather protects them from producing documents in certain cases. See Lindley v. Life Ins. Co. of Am., No. 08-CV-379, 2009 WL 2245565, at *9 (N.D. Okla. Jul. 24, 2009) ("Generally, legislators' immunity from suit is referred to as 'legislative immunity,' and the evidentiary privilege accorded legislators is referred to as the 'legislative privilege.'"). Under the federal common law, legislative privilege is qualified, not absolute, and may be overcome by a showing of need. In re Grand Jury, 821 F.2d at 958; Joseph's House & Shelter, Inc. v. City of Troy, N.Y., 641 F. Supp. 2d 154, 158 n.3 (N.D.N.Y. 2009). In determining whether and to what extent a state lawmaker may invoke legislative privilege, the court will consider the following factors: (i) the relevance of the evidence sought to be protected; (ii) the availability of other evidence; (iii) the seriousness of the litigation and the issues involved; (iv) the role of the government in the litigation; and (v) the possibility of future timidity by government employees who will be forced to recognize that their secrets are violable. Rodriguez v. Pataki, 280 F. Supp. 2d 89, 101 (S.D.N.Y. 2003) (citing In re Franklin Nat'l Bank Secs. Litig., 478 F. Supp. 577, 583 (E.D.N.Y. 1979)); see also ACORN v. County of 14 Nassau, No.05-2301, 2009 WL 2923435, at *2 (E.D.N.Y. Sept. 10, 2009) (ACORN II); Joseph's House & Shelter, Inc, 641 F. Supp. 2d at 158 n.3. In considering these factors, the court's goal is to determine whether the need for disclosure and accurate fact finding outweighs the legislature's "need to act free of worry about inquiry into [its] deliberations." ACORN II, 2009 WL 2923435, at *2 n.2.9 C. Balancing of Interests 1. The Seriousness of the Litigation and the Issues Involved, and the Role of the Government in the Litigation In balancing the relevant interests, the first two factors weigh in favor of disclosure. There can be little doubt that plaintiffs' allegations are serious. Plaintiffs raise profound 9 These factors are also used by some courts to evaluate the availability and scope of the deliberative process privilege. See, e.g., Doe v. Nebraska, Nos. 8:09CV456, 4:09CV3266, 4:10CV3005, ----F. Supp. 2d----, 2011 WL 1480483, at *7 (D. Neb. Apr. 19, 2011). The deliberative process privilege prohibits discovery of communications that are used by governmental bodies in formulating policy. United States v. Farley, 11 F.3d 1385, 1389 (7th Cir. 1993). The key difference between the deliberative process privilege and the legislative privilege is that the former protects executive and administrative deliberations, and the latter safeguards legislative independence. See Kay v. City of Rancho Palos Verdes, No. CV 02-3922, 2003 WL 25294710, at *15 (C.D. Cal. Oct. 10, 2003). Some courts considering the scope of the deliberative process privilege have applied the same legislative privilege factors discussed herein. See, e.g, Doe, 2011 WL 1480483, at *7; Kay, 2003 WL 25294710, at *18. In this respect, "the balancing tests that courts have suggested for challenges to both the legislative privilege and the deliberative process privilege are quite similar and functionally interchangeable." Kay, 2003 WL 25294710, at *17 (collecting cases). Several cases in the Northern District of Illinois, however, have required a particularized showing to invoke the deliberative process privilege. See, e.g., Buonauro v. City of Berwyn, No. 08-C-6687, 2011 WL 2110133, at *2 (N.D. Ill. May 25, 2011) ("In order to invoke the privilege, a party must show three elements: (1) the department head with control over the information has made a formal claim of privilege; (2) the responsible official must demonstrate, usually by affidavit, the reasons for preserving the confidentiality of the documents; and, (3) the official must specifically identify and describe the documents in question.") (citing Ferrell v. U.S. Dep't Hous. & Urban Dev., 177 F.R.D. 425, 428 (N.D. Ill.1998)); see also Parvati Corp. v. City of Oak Forest, No. 08-C-702, 2010 WL 2836739, at *5 (N.D. Ill. July 19, 2010). Because Non-Parties are members of the legislative branch, not the executive branch, and because they have not made the particularized showing required to invoke the deliberative process privilege, the deliberative process privilege does not apply. This court will consider cases in other courts analyzing the deliberative process privilege only to the extent that they bear on the scope of the legislative privilege. 15 questions about the legitimacy of the redistricting process and the viability of the 2011 Map. Moreover, the legislators' role in the allegedly unlawful conduct is direct. The General Assembly, through its members, aides and consultants, was primarily responsible for drafting, revising and approving the 2011 Map. These actions are under scrutiny. This is not, then, "the usual 'deliberative process' case in which a private party challenges governmental action . . . and the government tries to prevent its decision-making process from being swept up unnecessarily into [the] public [domain]." United States v. Bd. of Ed. of City of Chicago, 610 F. Supp 695, 700 (N.D. Ill. 1985). Rather, "the decisionmaking process . . . [itself] is the case," at least to the extent that plaintiffs allege that the General Assembly intentionally discriminated against Latino and/or Republican voters. Id. (emphasis in original). The seriousness of the litigation and the role of Non-Parties militate in favor of disclosure. 2. The Relevance of the Evidence Sought to be Protected and the Availability of Other Evidence As discussed in Part I.B. the evidence plaintiffs seek is relevant, although it is not central to the outcome of this case. Moreover, the availability of other evidence favors non-disclosure. Plaintiffs already have considerable information at their fingertips. This includes public hearing minutes, special interest group position papers, statements made by lawmakers during debate, committee reports, press releases, newspaper articles, census reports, registered voter data and election returns. These documents and data are a matter of public record. As such, these factors weigh against disclosure. 3. The Possibility of Future Timidity by Government Employees Finally, the need to encourage frank and honest discussion among lawmakers favors nondisclosure. Plaintiffs claim that disclosure of the subpoenaed documents will not unduly chill 16 legislators in their future communications because Non-Parties are not defendants in the present litigation and there is little danger that any discovered material would be used against them in a later criminal prosecution. Plaintiffs also claim that because this case involves redistricting—a task not oft performed by legislators—permitting discovery will not work to chill the day-to-day functioning of the legislature. The Redistricting Act, however, evolved from the same legislative process as any other law. Legislators negotiated the law in private and debated it in public. Infrequency is therefore irrelevant. In addition, the need for confidentiality between lawmakers and their staff is of utmost importance. Legislators face competing demands from constituents, lobbyists, party leaders, special interest groups and others. They must be able to confer with one another without fear of public disclosure. In this respect, the legislature is not unlike other branches of government. As noted by the Third Circuit, a "legislator's need for confidentiality is similar to the need for confidentiality in communications between judges, between executive officials, and between a President and his aides." In re Grand Jury, 821 F.2d at 957 (citations omitted); see also Certain Complaints Under Investigation by an Investigating Comm. of the Judicial Council of the Eleventh Circuit, 783 F.2d 1488, 1520 (11th Cir. 1986) (judicial privilege applies where matters under inquiry implicate communications among a judge and his staff concerning official judicial business such as "the framing and researching of opinions, orders and rulings"); N.L.R.B. v. Sears, Roebuck & Co., 421 U.S. 132, 150, 95 S. Ct. 1504, 44 L. Ed. 2d 29 (1975) (executive privilege for agency officials applies to documents "reflecting advisory opinions, recommendations and deliberations 17 comprising part of a process by which governmental decisions and policies are formulated") (citation omitted). Failure to protect confidential communications between lawmakers and their staff will not only chill legislative debate, it will also discourage "earnest discussion within governmental walls." Doe, 2011 WL 1480483, at *6 (citations omitted). In the redistricting context, full public disclosure would hinder the ability of party leaders to synthesize competing interests of constituents, special interest groups and lawmakers, and draw a map that has enough support to become law. This type of legislative horse trading is an important and undeniable part of the legislative process. Courts have recognized that disclosure of confidential documents concerning intimate legislative activities should be avoided. See Rodriguez, 280 F. Supp. 2d at 102; Kay, 2003 WL 25294710, at *14. Courts applying this approach have held that a qualified privilege protects documents "created prior to the passage and implementation [of a bill] that involve opinions, recommendations or advice about legislative decisions between legislators or between legislators and their aides." Doe, 2011 WL 1480483, at *8; see generally City of Las Vegas v. Foley, 747 F.2d 1294, 1297 (9th Cir. 1984) ("The Court prevents inquiry into the motives of legislators because it recognizes that such inquiries are a hazardous task.") (citations omitted). By limiting privileged documents to those that contain "opinions, recommendations or advice," courts have allowed discovery of "documents containing factually based information used in the decision-making process or disseminated to legislators or committees, such as committee reports and minutes of meetings." Id. at *6 (citations omitted). Courts have also required disclosure of "the materials and information available [to lawmakers] at the time a 18 decision was made." ACORN I, 2007 WL 2815810, at *4 (citing Village of Arlington Heights, 429 U.S. at n.20). This approach strikes the proper balance between the need for public accountability and the desire to avoid future timidity of lawmakers. Although always accountable to the public, lawmakers must be able to confer in private. This court therefore concludes that the legislative privilege shields from disclosure pre-decisional, non-factual communications that contain opinions, recommendations or advice about public policies or possible legislation. It does not protect facts or information available to lawmakers at the time of their decision. In terms of the categories identified above, (1) information concerning the motives, objectives, plans, reports and/or procedures used by lawmakers to draw the 2011 Map; and (2) information concerning the identities of persons who participated in decisions regarding the 2011 Map, the need for the information is outweighed by the purposes of the qualified privilege. The contrary is true of (3) the identities of experts and/or consultants retained to assist in drafting the 2011 Map and contractual agreements related thereto; and (4) objective facts upon which lawmakers relied in drawing the 2011 Map. Indeed, much of this information is discoverable under Rule 26(a)(2)(B)(ii) should defendants' experts chose to rely on it. D. Waiver As with any privilege, the legislative privilege can be waived when the parties holding the privilege share their communications with an outsider. See ACORN I, 2007 WL 2815810, at *4 ("the legislative privilege may be waived as to communications made in the presence of third parties") (citation omitted). "Where a legislative aide or staff member performs functions that 19 would be deemed legislative if performed by the legislator himself, the staff member is entitled to the same privilege that would be available to the legislator." Id. (citation omitted). Thus, communications between Non-Parties and their staff retain their privileged status. See id. at *5. Communications between Non-Parties and outsiders to the legislative process, however, do not. This includes lobbyists, members of Congress and the Democratic Congressional Campaign Committee ("DCCC"). Although these groups may have a heightened interest in the outcome of the redistricting process, they could not vote for or against the Redistricting Act, nor did they work for someone who could. As such, the legislative privilege does not apply. See Rodriguez, 280 F. Supp. 2d at 101 ("a conversation between legislators and knowledgeable outsiders, such as lobbyists, to mark up legislation [is] a session for which no one could seriously claim privilege"). The same rule applies to experts and/or consultants retained or utilized by Non-Parties to assist in the redistricting process. "While legislators are certainly free to seek information from outside sources, they may not assume that every such contact is forever shielded from view. . . . [A] contrary ruling would allow a legislator to cloak any communication with legislative privilege by simply retaining an outsider in some capacity." ACORN I, 2007 WL 2815810, at *6. Thus, to the extent that Non-Parties relied on reports or recommendations generated by outside consultants to draft the 2011 Map, they waived their legislative privilege as to these documents. Finally, Non-Parties cannot invoke the privilege as to themselves yet allow others to use the same information against plaintiffs at trial. See, e.g., Brown v. City of Detroit, 259 F. Supp. 2d 611, 623–24 (E.D. Mich. 2003); Pacific Gas & Elec. Co. v. Lynch, No. C-01-3023, 2002 WL 20 32812098, at *3 (N.D. Cal. Aug. 19, 2002). As such, any communications disclosed by NonParties to defendants or their trial experts, upon which defendants or their experts intend to rely, must be disclosed to plaintiffs. See Fed. R. Civ. P. 26(a)(2)(B)(ii).10 ORDER Plaintiffs' motion to compel enforcement of third party subpoena [Dkt. No. 52] and certain non-parties' motion to quash subpoenas and for a protective order [Dkt. No. 58] are granted in part and denied in part, respectively. Non-parties are directed to comply with this order by October 19, 2011, specifically as follows: To the extent that plaintiffs seek documents containing the (1) motives, objectives, plans, reports and/or procedures created, formulated or used by lawmakers to draw the 2011 Map prior to the passage of the Redistricting Act;11 or (2) identities of persons who participated in decisions regarding the 2011 Map,12 their requests are denied and the subpoenas are quashed. Plaintiffs are also prohibited from subpoenaing the aforementioned documents from individual members of the General Assembly unless the member affirmatively waives his or her legislative privilege in writing. 10 Non-Parties indicated that to the extent the legislative privilege did not shield them from discovery, they would likely assert attorney-client privilege or work product immunity. This decision addresses only the legislative privilege raised in the motions. If Non-Parties have a serious basis for asserting any other privilege, this decision does not foreclose them. 11 See Req. Nos. 1– 6, 8, 14–17. [Doc. No. 52-1.] 12 See Req. Nos. 7, 9–11, 20–21. [Doc. No. 52-1.] 21 The motion to compel is granted and the motion to quash is denied as to documents containing objective facts upon which lawmakers relied in drawing the 2011 Map;13 documents available to members of the General Assembly at the time the Redistricting Act was passed; the identities of experts and/or consultants retained by Non-Parties to assist in drafting the 2011 Map and contractual agreements related thereto;14 and any documents that do not contain information concerning categories (1) or (2) above or to which Non-Parties have waived their legislative privilege. This order is applicable only to those parties served with subpoenas issued by the Northern District of Illinois. All documents withheld as privileged under this order shall be identified in a privilege log that contains (1) the name and capacity of each individual from whom or to whom a document was communicated; (2) the date of the document and attachments; (3) the type of document; (4) Bates number identification; and (5) a description of the subject matter in sufficient detail to allow the receiving parties to determine whether the privilege claim should be challenged. See Petrovic v. City of Chicago, No. 06-C-611, 2007 WL 2410336, at *2 (N.D. Ill. Aug. 21, 2007). Enter: October 12, 2011 ___/s/ John Daniel Tinder_____________ JUDGE JOHN DANIEL TINDER United States Court of Appeals 13 See Req. Nos. 2 & 4. [Doc. No. 52-1.] 14 See Req. Nos. 12–13, 18–19. [Doc. No. 52-1.] 22 for the Seventh Circuit ____________________________________ JUDGE ROBERT L. MILLER United States District Court for the Northern District of Indiana ____________________________________ JUDGE JOAN HUMPHREY LEFKOW United States District Court for the Northern District of Illinois 23


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I graduated from MSMC in 2003 with a BA in English and a Single Subject Teaching Credential.
I have been an English as a Second Language, English, and Leadership teacher at Wilmington Middle School since 2006 (though I have been on extended maternity leave with my daughter Jasmine since 2010). In the four years that I taught at Wilmington, I was also a Lesson Study Facilitator and a member of the Instructional Leadership for two years. I was honored with Wilmington's Teacher of the Year award in 2009 and the Early Career Teacher of Color Award of Distinction from the National Council of Teachers of English (NCTE) in 2008. Currently, I am an adjunct instructor at MSMC, teaching in the Clear Credential Program and Instructional Leadership Program.
I became a National Board Certified Teacher in the area of English as a New Language: Early Adolescence through Young Adulthood in 2009, at which point my students' test scores tripled! Through the National Board for the Professional Teaching Standards organization, I became certified as a Candidate Support Provider and have since facilitated the full certification process for a small group of teachers in the Los Angeles Unified School District and the Take One! process at MSMC. As a Teacher Consultant and Fellow of the Los Angeles Writing Project at Cal State Los Angeles, I demonstrate reading and writing lessons that have been successful in my own classroom. I have been an adjunct professor since 2008 at Cal State Los Angeles, Cal State Dominguez Hills, and MSMC – teaching courses in their credential programs. In 2009, I served on the NCTE Review Team of the K-12 Common Core Standards for English Language Arts. This past winter, I published an article called "Teachers Teaching Other Teachers" in California English: The Professional Journal of the California Association of Teachers of English.
Is there anything else you'd like to share about your work as an educator, and/or how MSMC helped prepare you for the work you're doing?
The Mount instilled in me the values of service and leadership, and that is why I seek opportunities – whether presenting at conferences or teaching credential courses – to share my knowledge, expertise, experiences, and passion for teaching. I have learned over the last nine years that my accomplishments as an educator go beyond my classroom walls, and that I can impact student learning by partnering with families and the local community, and by taking on leadership roles at both the state and national level.

subset: commoncrawl


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"Hawaiian Ghost Story" is a feature film that doesn't yet exist. But there is a story to be told, and people willing to tell it. As with most creative projects, all they need is some funding to get it started. And with your vote, they could get it. Above is the official "Hawaiian Ghost Story" […]
Entries from July 29th, 2010
"Hawaiian Ghost Story" Needs Votes
July 29th, 2010 by Ryan Ozawa · 1 Comment · Hawaii, Media, Video
"Hawaii Five-0″ at Comic-Con
July 27th, 2010 by Ryan Ozawa · 2 Comments · Hawaii, Pop Culture, Television
One of the highlights for me at this year's San Diego Comic-Con was the preview for the new "Hawaii Five-0" reboot on CBS. The event featured stars Daniel Dae Kim, who gets to stay in Hawaii following his six-year turn on "LOST," and Grace Park, a reboot veteran from "Battlestar Galactica." Also on hand were […]
Tags: comiccon·danieldaekim·fiveo·gracepark·h50·hawaii50·hawaiifive0·hawaiifiveo·sdcc·Television·tv
Hawaii Hosting Pokemon World Championships
July 27th, 2010 by Ryan Ozawa · No Comments · Events, Hawaii, Pop Culture
I'm still recovering from Comic-Con (and I've already preregistered for 2011), but one of the millions of geeky sights burned in my brain from the massive expo floor is the persistent popularity of Pokémon. The video game, the cartoon, the trading cards… the whole Japanese brand turned global phenomenon. There were more than a few […]
Comic-Con, Here We Come!
July 20th, 2010 by Ryan Ozawa · 3 Comments · Events, Podcasting, Pop Culture
In a few hours, my wife and I will be taking a red-eye flight from Honolulu through San Francisco to San Diego, where we'll be attending our third Comic-Con. Dubbed "the geek prom" by some, this massive event draws well over 120,000 people each year. We weren't planning on being one of them. Previously, "LOST" […]
Jobs Ends Hawaii Vacation, Tackles 'Antennagate'
July 16th, 2010 by Ryan Ozawa · 7 Comments · Gadgets, Hawaii, Technology
Apple CEO Steve Jobs today held a press conference to address "Antennagate," or widespread reports of reception problems with its iPhone 4 smartphone. Jobs reiterated that it's a problem for all phones, that only a tiny percentage of people have reported problems, and that the iPhone 4 is still their best phone ever. Nonetheless, he […]
Hawaii Five-0 Production Begins
July 15th, 2010 by Ryan Ozawa · 7 Comments · Hawaii, Pop Culture, Television
Production on CBS' reboot of "Hawaii Five-0" officially started today in Waikiki. Work kicked off after a traditional Hawaiian blessing at the Hilton Hawaiian Village Lagoon by Kahu Kelekona Bishaw of Bishop Memorial Chapel at Kamehameha Schools. On hand was Daniel Dae Kim, formerly of "LOST," Grace Park, formerly of SyFy's "Battlestar Galactica" reboot, as […]
Tags: cbs·fiveo·h50·hawaii50·hawaiifive0·hawaiifiveo·Television·tv
Hawaii in Bottom Five for Business
July 13th, 2010 by Ryan Ozawa · 1 Comment · Business, Hawaii
Hawaii is bad for business. The latest "Top States for Business" survey by CNBC ranked Hawaii 48th among all 50 states. The good news? Hawaii climbed a step from 2009, switching places with Rhode Island and staying ahead of Alaska. And while Hawaii did poorly in most of the categories CNBC used, Hawaii scored best […]
Tags: business·economy·employment·Hawaii·workers
Microsoft Launches 'Project Hawaii'
July 12th, 2010 by Ryan Ozawa · 1 Comment · Business, Hawaii, Technology, The Web
Although I've previously noted hints that Apple and Steve Jobs are fans of the Aloha State, they're certainly not the only company to pay tribute to Hawaii. And now, Microsoft is sporting some island style with its "Project Hawaii." Not only that, but within "Project Hawaii," you'll find the "MAUI Project." "Project Hawaii" is an […]
Phineas and Ferb Go Hawaiian
July 8th, 2010 by Ryan Ozawa · 2 Comments · Family, Hawaii, Pop Culture, Television
Much as I'd like to think of myself as a sophisticated connoisseur of art and culture, I consume my fair share of pop pablum. And as a dad to three kids, I also know more than I want to know about kids cartoons. A few shows have been outright banned from our living room TiVo, […]
Governor Vetoes Civil Unions
July 6th, 2010 by Ryan Ozawa · 13 Comments · Politics
Gov. Linda Lingle this afternoon announced that she has vetoed HB444, which would have legalized civil unions in the state of Hawaii. A rush transcript of her remarks, and the subsequent Q&A with the media, follows: Aloha everyone and welcome. I wanted to let the media know first of all that at the conclusion of the news […]
Tags: civilunions·gaymarriage·hb444·marriage


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The It's Your Life Foundation (IYLF) is a non-profit organization whose mission is to serve and educate our community locally and globally to make better life choices. The program has been funded in partnership with local businesses, local, regional and national foundations, and physicians.
President's Message
We appreciate all the support from the community and the volunteers for their support in 2013-2014 school year and we hope for the same support and enthusiasm in the upcoming year. We have also expanded our education efforts to educate the children about healthy behavior. Our new program led by teens project iConquer has got momentum, and has reached several local school to help educated the children about healthy living and excercise. Movie IConquer Chew Wisely, in both English and Spanish version has been comissioned. It is 2D animated movie targeted towards children 3-6 years of age. It can be viewed at our site under the iConquer gallery. We appreciate the support of all our community partners.
Critical Care Conference
2014 Critical Care Conference is coming up soon. Please click here to register and view more information about this year's conference.
It is a children driven project to create healthy habits starting from children age 3-6 years to help combat childhood obesity & Diabetes
Recent Posts
- 25Mar
- It's your Life Walk is on April 26th. Please register to support combating childhood obesity and smoking education program...
- 17Aug
- It's Your Life Foundation: Conquer the Course Golf TournamentWe thank all the players, Sponsors and Volunteers for making this event a great success....
- 06Aug
- 5th Med/Surg/Critical Care conferenceRegistration is open. Go under program and click on Critical Care conference...
Upcoming Events
Tobacco Kills People / Tobacco Kills everything
Anti-smoking education to eliminate smoking related diseases
Anti-smoking education to improve disease prevention
Sleep Education to prevent obesity and sleep deprivation related problems
Thanks to all the community partners and volunteers who made this cause a big success.


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9 thoughts on "Chocolate-Coated Ice Cream Brownie Sandwiches"
LOL we have that here too it's called diner party wars, I cannot watch it, some people are just too crazy! I tried to teach a cupcake class once and I just started babbling about the weirdest things, I will never have my own show.
Glad to know you have a similar show! Babbling sounds just like what I'd do, too! :)
I'm jealous we don't have that show! I want to watch it, and eat a whole boatload of these!
You'll have to look it up online. Some people hate it but I can't get enough of it!
Sounds like my kind of TV show. I wish we had it here in the US. Oh well, I'll settle for all the other cooking shows. lol
These ice cream brownie bites look amazing! I can't wait to make them. I bet a few get eaten while they are being made too ;) Thanks for sharing.
We also have this show here…
I think these brownies are AWESOME
Super delicious treats!:)
OH MY, these look sinfully good. Thanks so much for linking up to Tasty Thursdays on The Mandatory Mooch. I hope you will link up again. The party will be live tonight. http://www.mandatorymooch.blogspot.com
Thanks, Nichi
In a word, slweeup. :D
Thanks for sharing
I love "Come Dine With Me". I understand why you are obsessed. It used to come on BBC America but they only showed one season (sad face). I found it On Demand just last week & watched every episode again. Its hilarious and I really liked seeing different parts of England. Wonder if I can find more episodes online…
Can't wait to try these brownie. They look yummy.
Comments are closed.


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T-Mobile G2X and G-Slate coming April 20th?
The T-Mobile G2X, also known as the LG Optimus 2X, is the dual-core Android powerhouse we first saw at CES, but the carrier also has a Honeycomb tablet in the face of the 8.9-inch T-Mobile G-Slate. While we knew that both devices were coming this spring, an official release date was still missing. But now rumors pin-point April 20th as the exact launch date for both of the devices.
That's quite a wait for the impatient tech geeks out there who can already experience the speed boost of a dual-core chip with the Motorola Atrix 4G on AT&T, but switching carriers might be a tough call. The T-Mobile G-Slate, on its part, will offer the unique for tablets 3D recording capabilities and 8.9-inch screen, which reportedly makes holding the device easier on the hand. Whatever T-Mobile brings, we hope to hear more about it at CTIA in sunny Orlando, which starts on March 22nd. Stay tuned as we'll be there covering all the latest gizmos to satiate your gadget news hunger.
source: TmoNews
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6 Comments
2. Artur (unregistered)
yea I can wait
4. LionStone (Posts: 468; Member since: 10 Dec 2010)
Will be nice to compare this to the Xoom, I think I may like these dimensions better...
5. wHOREHOUSE wAREHOUSE (unregistered)
I'd sure love to have sex with these devices!
6. unknown (unregistered)
...Wow...SMH Some people will do anything for a Klondike bar
7. hex (unregistered)
Try this Independent game for PC, suppose to be ported too all platforms. I heard they sold 5 million copies, from only a dollar game. these guys are gonna be huge. here is the trailer of the game. Word of mouth is helping large for these guys, cause when i was told about it i was not going to buy this game,then played it and love it!http://www.youtube.com/watch?v
Its Freakn nutz, and only a $1 lolz.


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Sam Fletcher
OGJ Senior Writer
HOUSTON, Mar. 16 -- Energy prices fell Mar. 17, with crude dropping 2% to under $80/bbl in the New York market "as the dollar gained ground and Moody's [Investors Service] expressed sovereign debt concerns about France, Germany, the US, and the UK," said analysts in the Houston office of Raymond James & Associates Inc.
"Natural gas rallied but closed down marginally, just below its 200-day moving average," they said. However, oil prices were up in early trading Mar. 16 after rebels detonated car bombs around a post-amnesty conference in Warri, Nigeria. That "is a significant change of pattern from bombing oil installations but will nonetheless increase tensions in the region and maintain a certain risk premium for the continued political instability in Nigeria," said Olivier Jakob at Petromatrix, Zug, Switzerland.
Jakob said the price drops on Mar. 12 and Mar. 15 are a sign of the pending disconnection be oil prices and equities, which have maintained support "while oil prices succumbed to uncertain fundamentals and a dollar index that was relatively well supported."
He said, "Storing gas oil in Europe does not pay anymore; the end consumer has been reducing stocks of heating oil during this harsh winter, and the question now is whether the end consumer comes to replenish stocks at these relatively high prices on a euro/tonne basis when employment is not showing any signs of real improvement. Data released yesterday shows German demand for gasoline in February down 9.5% vs. last year and diesel down 2.4% while heating oil was down 17%. Some of the low February numbers are surely due to the snow disruptions, but the January-February average is still [down] 7.6% for gasoline, 3.4% for diesel and 27% for heating oil."
Ministers of the Organization of Petroleum Exporting Countries are arriving in Vienna for their Mar. 17 meeting, but they are not expected to make any changes in their official production quota or their unofficial overproduction. Saudi Arabian Oil Minister Ali Al-Naimi said he is "happy" with current prices.
Meanwhile, the Federal Open Market Committee, the policy-making arm of the Federal Reserve Bank, met Mar. 16. The Fed has held its interest rate for banks at a record low of near zero to encourage economic growth, and a hike is not yet imminent. However, Fed policymakers likely will discuss how to signal an eventual increase to fend off inflation.
In other news, AccuWeather.com said chilly weather is expected to roll across the US Plains starting this weekend, with additional cold snaps through the end of March.
Energy prices
The April contract for benchmark US light, sweet crudes dropped $1.44 to $79.80/bbl Mar. 15 on the New York Mercantile Exchange. The May contract fell $1.46 to $80.08/bbl. On the US spot market, West Texas Intermediate at Cushing, Okla., was down $1.44 to $79.80/bbl. Heating oil for April delivery declined 3.64¢ to $2.06/gal on NYMEX. Reformulated blend stock for oxygenate blending for the same month decreased 3.22¢ to $2.22/gal.
The April natural gas contract dipped 0.9¢ to $4.39/MMbtu on NYMEX. "Natural gas is standing still at the support of $4.40/MMbtu" in the futures market, Jakob said. "On a confirmed break of that support level we will move the next target of support to $4.20/MMbtu, then to $4/MMbtu."
On the US spot market, gas at Henry Hub, La., lost 4.5¢ to $4.31/MMbtu.
In London, the April IPE contract for North Sea Brent crude dropped $1.50 to $77.89/bbl. Gas oil for April fell $16.50 to $649.25/tonne.
The average price for OPEC's basket of 12 reference crudes lost $1.50 to $76.24/bbl.
Contact Sam Fletcher at firstname.lastname@example.com.
MARKET WATCH: Crude oil price falls below $80/bbl
Sam Fletcher


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Among the plethora of relationship self-help books that line an entire shelf of my best friend's apartment sits The Manual ($10.04 at Amazon). After scanning the table of contents and sifting through the pages, I came across one piece of advice that I had to take a second look at. It said, "Dress to men's fantasies, and do it subtly." Could this be the reason I'm still single? Because I don't look like a naughty librarian or a French maid when I go out? I decided to put this highly ridiculous hypothesis to the test. I spent five nights in adult dress-up, playing to every guy's porn-worthy pipe dreams. Why? Well, why the hell not?
male fantasies style mRelated to: male fantasies style
- Popular


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Architecture Design
IP Power Models Enable Energy-Aware System-Level Design
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Two things stand out in the FlatOut series - insane amounts of destruction and the rag-doll mini games, and these screens show both of those in full effect on the PSP sequel, FlatOut Head On.
It's no wonder it looks good - it's one of the few games lining up to take full advantage of the increased processing power of the PSP running in the new 333Mhz setting (which God of War will also use when it hits the portable).
The finished game promises "nine different game modes, including carnage challenges, full career, destruction derbies, multiplayer party mode and the bone-crunching ragdoll stunt mode". Sounds cool.
Look for it in stores in Q1 2008.


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From Wikipedia, the free encyclopedia - View original article
|Total population
|350,000–400,000 (2006 academic estimate)[1]
600,000 (2011 academic estimate)[2]
Current estimates: 500,000[3][4] to 600,000[5]
|Regions with significant populations
|United States
Azeri · Russian · Georgian
|Total population
|350,000–400,000 (2006 academic estimate)[1]
600,000 (2011 academic estimate)[2]
Current estimates: 500,000[3][4] to 600,000[5]
|Regions with significant populations
|United States
Azeri · Russian · Georgian
|Part of a series of articles on
|Turkish people
Meskhetian Turks also known as Meskheti Turks, and Akhaltsikhe / Ahiska Turks (Turkish: Ahıska Türkleri; Georgian: თურქი მესხები, t'urk'i meskhebi) are the ethnic Turks formerly inhabiting the Meskheti region of Georgia, along the border with Turkey. The Turkish presence in Meskhetia began with the Ottoman invasion of 1578,[9] although Turkic tribes had settled in the region as early as the eleventh and twelfth centuries.[9]
Today, the Meskhetian Turks are widely dispersed throughout the former Soviet Union (as well as in Turkey and the United States) due to forced deportations during World War II. At the time, the Soviet Union was preparing to launch a pressure campaign against Turkey and Joseph Stalin wanted to clear the strategic Turkish population in Meskheti who were likely to be hostile to Soviet intentions.[10] In 1944, the Meskhetian Turks were accused of smuggling, banditry and espionage in collaboration with their kin across the Turkish border;[11] nationalistic policies at the time encouraged the slogan: "Georgia for Georgians" and that the Meskhetian Turks should be sent to Turkey "where they belong".[12][13] Approximately 115,000 Meskhetian Turks were deported to Central Asia and only a few hundred have been able to return to Georgia ever since.[12]
The origin of the Meskhetian is still unexplored and highly controversial. But now it seems to emerge two main directions:
However, Anatoly Michailovich Khazanov has argued that "it is quite possible that the adherents of this view oversimplified the ethnic history of the group, particularly if one compares it with another Muslim Georgian group, the Adzhar, who in spite of their conversion to Islam have retained, not only the Georgian language, but to some extent also the Georgian tradition culture and self-identification. Contrary to this, the traditional culture of Meshetian Turks, though it contained some Georgian elements, was similar to the Turkish one".[15] Kathryn Tomlinson has argued that in Soviet documents about the 1944 deportations of the Meskhetian Turks they were referred to simply as "Turks", and that it was after their second deportation from Uzbekistan that the term "Meskhetian Turks" was invented.[16] Furthermore, according to Ronald Wixman, the term "Meskhetian" only came into use in the late 1950s.[17] Indeed, majority of the Meskhetians call themselves simply as "Turks" or "Ahiskan Turks (Ahıska Türkleri)" referring to the region, meaning "Turks of Ahiska Region". The Maskhetians claim sometimes that the medieval Cumans-Kipchaks of Georgia (Kipchaks in Georgia) may have been one of their possible ancestors.[18]
In 1578, the Ottoman Empire conquered Meskheti, although it was not secure as part of the Ottoman Empire until 1639, when a treaty was signed and brought an end to Persian attempts to take the region.[19]
On 15 November 1944, the then General Secretary of CPSU, Joseph Stalin, ordered the deportation of over 115,000 Meskhetian Turks from their homeland,[20] who were secretly driven from their homes and herded onto rail cars.[21] As many as 30,000 to 50,000 deportees died of hunger, thirst and cold and as a direct result of the deportations and the deprivations suffered in exile.[22][21] The Soviet guards dumped the Meskhetian Turks at rail sidings across a vast region, often without food, water, or shelter; according to the 1989 Soviet Census, 106,000 Meskhetian Turks lived in Uzbekistan, 50,000 in Kazakhstan, and 21,000 in Kyrgyzstan.[20] As opposed to the other nationalities who had been deported during World War II, no reason was given for the deportation of the Meskhetian Turks, which remained secret until 1968.[10] In was only in 1968 that the Soviet government finally recognised that the Meskhetian Turks had been deported. The reason for the deportation of the Meskhetian Turks was because in 1944 the Soviet Union was preparing to launch a pressure campaign against Turkey.[10] In June 1945 Vyacheslav Molotov, who was then Minister of Foreign Affairs, presented a demand to the Turkish Ambassador in Moscow for the surrender of three Anatolia provinces (Kars, Ardahan and Artvin).[10] As Moscow was also preparing to support Armenian claims to several other Anatolian provinces, war against Turkey seemed possible, and Joseph Stalin wanted to clear the strategic Georgian-Turkish border where the Meskhetian Turks were settled and who were likely to be hostile to such Soviet intentions.[10] Unlike the other deported Muslim groups, the Meskhetians have not been rehabilitated nor permitted to return to their homeland. In April 1970, the leaders of the Meskhetian Turkish national movement applied to the Turkish Embassy in Moscow for permission to emigrate to Turkey as Turkish citizens if the Soviet government persisted its refusal to allow them to resettle in Meskhetia. However, the response of the Soviet government was to arrest the Meskhetian leaders.[23]
In 1989, riots broke out between the Meskhetian Turks who had settled in Uzbekistan and the native Uzbeks.[20] Nationalist resentments against the Meskhetians who had competed with Uzbeks for resources in the overpopulated Fergana valley boiled over. Hundreds of Meskhetian Turks were dead or injured, nearly 1,000 properties were destroyed and thousands of Meskhetian Turks fled into exile.[20] The majority of Meskhetian Turks, about 70,000, went to Azerbaijan, whilst the remainder went to various regions of Russia (especially Krasnodar Krai), Kazakhstan, Kyrgyzstan[20][25] and Ukraine.
According to the 1989 Soviet Census, there were 207,502 Turks living in the Soviet Union.[1] However, Soviet authorities recorded many Meskhetian Turks as belonging to other nationalities such as "Azeri", "Kazakh", "Kyrgyz", and "Uzbek".[1] Hence, official census's do not necessarily show a true reflection of the real population of the Meskhetian Turks; for example, according to the 2009 Azerbaijani census, there were 38,000 Turks living in the country; however, no distinction is made in the census between Meskhetian Turks and Turks from Turkey who have become Azerbaijani citizens, as both groups are classified in the official census as "Turks" or "Azerbaijani".[26] According to the United Nations High Commissioner for Refugees report published in 1999, that 100,000 Meskhetian Turks lived in Azerbaijan and the defunct Baku Institute of Peace and Democracy stated, in 2001, that between 90,000 and 110,000 Meskhetian Turks lived in Azerbaijan,[27][28] similarly, academic estimates have also suggested that the Meskhetian Turksish community of Azerbaijan numbers 90,000 to 110,000.[27]
More recently, some Meskhetian Turks in Russia, especially those in Krasnodar, have faced hostility from the local population. The Krasnodar Meskhetian Turks have suffered significant human rights violations, including the deprivation of their citizenship. They are deprived of civil, political and social rights and are prohibited from owning property and employment.[29] Thus, since 2004, many Turks have left the Krasnodar region for the United States as refugees. They are still barred from full repatriation to Georgia.[30]
Meskhetian Turks are predominantly Sunni Muslims with a Shiite Muslim minority.[8]
The Meskhetian Turks speak an Eastern Anatolian dialect of Turkish, which hails from the regions of Kars, Ardahan, and Artvin.[31] The Meskhetian Turkish dialect has also borrowed from other languages (including Azerbaijani, Georgian, Kazakh, Kyrgyz, Russian, and Uzbek) which the Meskhetian Turks have been in contact with during the Russian and Soviet rule.[31]


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Boychuk breaks Game 2 tie, Bruins top Rangers 5-2
|New York Rangers right wing Derek Dorsett (15) fights with Boston Bruins center Gregory Campbell (11) during the third period in Game 2 of the NHL Eastern Conference semifinal hockey playoff series in Boston, Sunday, May 19, 2013. The Bruins won 5-2. (AP Photo/Elise Amendola)
BOSTON — Claude Julien wanted his Bruins to play more aggressively in the third period. The Boston coach got his wish with the help of some shaky defense by the New York Rangers. A rare rough day for goalie Henrik Lundqvist certainly helped, too.
Brad Marchand and Milan Lucic scored in the final period after Johnny Boychuk broke a tie in the second, Lundqvist gave up more than four goals for the first time in 152 games, and Boston beat New York 5-2 on Sunday to take a 2-0 lead in the Eastern Conference semifinal series.
"Some games you're going to get more goals, some maybe less," Bruins captain Zdeno Chara said, "but the important thing was we were trying to focus on playing hard until the end."
New York's best period was the second when it outshot Boston 16-9. The Rangers then allowed two goals in the third.
"We gave it to them," said Lundqvist, last year's Vezina Trophy winner as the NHL's top goalie. "I thought we played great. I didn't think they had to work really hard to get a couple goals there. We just made it really tough on ourselves."
Games 3 and 4 in the best-of-seven series will be played in New York on Tuesday and Thursday nights.
The Rangers played their best period of the series in the second, but Brad Marchand gave Boston a 4-2 lead just 26 seconds into the third.
Patrice Bergeron carried the puck in deep on the right side and passed across the crease to Marchand, who had gotten behind defenseman Dan Girardi for a tip-in.
"We felt really good going into the third, and to have that type of goal go in — it's just two-on-two — it hurts you," Rangers coach John Tortorella said. "We couldn't generate anything, and then they're just going to fill the middle and they're just going to jam you."
The Bruins went ahead to stay, 3-2, at 12:08 of the second period when Boychuk, who had one goal in the regular season, shot a 40-footer inside the near post for his third playoff goal.
The shot got through several players before it sailed past Lundqvist.
"It was definitely a screen," Boychuk said. "All I had to do was hit the net because there were a couple of guys in front of him."
Boston never trailed as rookie Torey Krug scored the first goal before Rangers captain Ryan Callahan tied it. Gregory Campbell made it 2-1, and New York pulled even again on Rick Nash's goal, his first of the playoffs after he led the Rangers with 21 in the regular season.
Now the Rangers find themselves in a familiar position, down 0-2.
They lost the first two games of their first-round series in Washington, won the next two in New York before losing Game 5 on the road.
But Lundqvist posted consecutive shutouts in Games 6 and 7 against the Capitals when the Rangers faced elimination.
"We've done it before," Lundqvist said, "but I think we are playing a better team now so it's going to be tough to do it."
There's also the matter of his left shoulder that was hit by Daniel Paille's shot in the third period. Lundqvist rubbed it after the game and said, "We'll take a look at it."
Tuukka Rask was solid again for Boston, stopping 35 shots.
"You have to give Tuukka a lot of credit," Julien said. "Turnovers and giveaways in the second period are not something we do too much, and it could have been disastrous."
After the second period, "I told guys to play to win," he said. "I don't like our team when we are back on our heels and protecting a one-goal lead that way."
Marchand gave the Bruins a two-goal advantage when he scored on a play just like the one that gave Boston a 3-2 overtime win on Thursday night.
"It was very similar. I was kind of hanging back there backdoor, and Bergy made an unbelievable pass again," he said. "It's always good to get a couple-goal lead early in the third."
Lucic made it 5-2 at 12:39. He skated into the New York end and gave the puck to David Krejci, who was stopped by Lundqvist, but Lucic converted the rebound.
The last time Lundqvist allowed more than four goals was March 9, 2011, in a 5-2 loss to Anaheim. In the next 151 games, in the regular season and playoffs, he allowed four goals just 13 times.
Tortorella remains confident despite the five goals Lundqvist gave up Sunday
"I don't need to evaluate Henrik," he said. "We know what Henrik is."
It takes more than consecutive losses to rattle Lundqvist.
"I'm confident I'm going to go home and try to play a strong game in the next one," he said.
After a series in which the teams were basically even throughout the first game and the first two periods of the second, the Bruins aren't overconfident.
"We didn't play our best," Marchand said. "They had a lot of opportunities that if they would've converted on, then it would be a completely different story right now. I think especially in the second period, they took it to us, but we were able to bounce back. It's definitely a very even series."
NOTES: Lundqvist has started New York's last 29 games against Boston. ... The Bruins played their second straight game without injured veteran defensemen Andrew Ference, Dennis Seidenberg and Wade Redden. ... A Bruins defenseman got a goal or an assist on each of the team's goals. ... The margin of victory was more than two goals for just the second time in 26 games between the Rangers and Bruins. ... In their nine playoff games, the Rangers have scored just twice on 35 power plays. They are 0-for-7 against the Bruins.
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- Game 7 tonight


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Is there any over-the-counter medication for restless legs symdrome?
- Q: Is there any over-the-counter medication for restless legs syndrome?
- A: I am unaware of any medications available over-the-counter to effectively treat symptoms of restless legs syndrome. There are several prescription medication choices available depending on your condition and medical history. There are two medications used to treat Parkinson's disease which are commonly given to patients with restless legs syndrome. They are Requip (ropinirole) and Mirapex (pramipexole), which are both now approved by the FDA for the treatment of moderate to severe restless legs syndrome. Opioids, muscle relaxants, and sleep aids have also been used to treat symptoms of restless leg syndrome. Talk to your doctor about treatment options for you. Do not start or stop any medications or treatments without first talking to your doctor. I believe you will find the following links at everydayhealth.com also very helpful for your current situation. http://www.everydayhealth.com/sleep/restless-legs.aspx http://www.everydayhealth.com/sleep/restless-legs/tips/5-tips-to-calm-restless-legs.aspx. Jennifer Carey. PharmD
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- Q: What kind of over-the-counter medication can I take for my Restless Leg Syndrome?
- Q: Is there an over-the-counter natural drug availalble to help with restless leg syndrome?
- Q: What are the medications that are prescribed for restless legs syndrome?
- Q: What other medications treat restless leg syndrome besides Requip?
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|No Bake Chocolate-Peanut Butter-Oatmeal Cookies Recipe
|photo by recipe author
Servings: 36
Preparation Time: 10 minutes
- 1/2 cup coconut cream concentrate
- 1 cup peanut butter
- 1 cup honey
- 1/2 cup coconut milk*
- 1 tablespoon vanilla extract
- 4 tablespoons unsweetened cocoa powder
- 3 cups oats
Over low heat, melt coconut cream concentrate, peanut butter, honey, milk and vanilla and whisk together until well incorporated. Mix in cocoa powder. Last, add oats and let sit over low heat for 5 minutes, stirring frequently.
Drop by spoonful onto parchment paper lined cookie sheets and refrigerate for 2 hours. Enjoy!
* For the freshest coconut milk make homemade coconut milk. (See video at this link.)
Recipe submitted by Carol, Orange, CA
|The average is oldaverage based on oldtotal votes.
Comments (Comment Moderation is enabled. Your comment will not appear until approved.)
Can I use coco nut oil in place of coconut cream?
# Posted By Jana | 7/3/12 10:56 AM
No; coconut oil lacks the coconut meat solids that coconut cream has.
# Posted By S Basye | 7/6/12 7:57 PM
my daughter and i made these to use in school lunch instead of the kashi bars that she wants all the time. we added coconut and unsweetened cranberries together and had fun! i think that i'll freeze them and send them in her insulated lunch box, hopefully they'll keep that way. so far, we love them!
# Posted By aimee | 7/13/12 7:43 AM
I absolutely love these cookies, and I'm so glad there is a healthier version. I make them with almond butter, too. Is the coconut cream replacing something else?
# Posted By Robyn | 7/17/12 11:03 PM
Could you use almond meal (or something like that) in place of the oats to make these gluten-free? I react even to "gluten-free" oats, so that's why I'm asking.
Like Robyn, I'd use almond butter in place of the peanut butter, too.
Thanks! :)
Like Robyn, I'd use almond butter in place of the peanut butter, too.
Thanks! :)
# Posted By Torrey | 7/20/12 10:36 AM
Haven't tried these cookies, but I know they're good. However, can you use something in place of cocoa powder, as am allergic to cocoa.
# Posted By Sandi | 7/25/12 10:09 AM
I use shredded coconut instead of oatmeal, great for those who react to oats. Delicious!
# Posted By Marie | 8/11/12 10:32 AM
I just tried this today with almond meal, I didn't have any oats on hand. I can't testify to the finished product just yet, as they are now in the refrigetator setting up. I can however, tell you that they taste amazing! One other substitution I made was I used agave nectar instead of honey because I don't have any honey either. Thanks for this recipe!
# Posted By Ali007 | 1/27/13 6:03 PM
Its official: using almond meal in place of oats is wonderful! Very tasty indeed!
# Posted By Ali007 | 1/27/13 7:55 PM