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A collection of relevant and timely media clips and resources.
Posted on May 16, 2012
Doug Snarski and his girlfriend, Christina Lewis, were in Snarski's Spokane, Wash. home at around 12:30 a.m., when an intruder armed with a shotgun and handgun broke in. Snarski immediately knew who was responsible; several hours earlier he and Lewis had acquired a restraining order against Lewis' ex-boyfriend following a string of threats.
After retrieving a pistol, Snarski called 911, positioned himself at the top of the home's staircase, warned the criminal that he was armed and ordered him to leave. The criminal refused, firing the shotgun and pistol up the stairs towards the couple. Snarski returned fire, mortally wounding the home invader. Neither Snarski or Lewis were injured during the attack.
Local law enforcement officials have praised Snarski's actions, with Deputy Craig Chamberlin of the Spokane County Sheriff's Office stating, "His quick thinking most definitely saved both him and his girlfriend's lives… He handled it perfect, from getting a restraining order to maintaining composure in an extremely stressful situation." In a media interview following the incident, Snarski shared some advice, remarking, "I believe everyone should have some kind of pistol for their own protection, for your own safety… If I didn't think like that I wouldn't be here right now." (The Spokesman-Review, Spokane, Wash. 05/15/12)
Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.READ MORE
© 2014 National Rifle Association of America. Institute for Legislative Action. This may be reproduced. It may not be reproduced for commercial purposes.11250 Waples Mill Rd. Fairfax, VA 22030 1800-392-8683(VOTE)


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Being Mentally Active Helps Preserve MemoryMedical News Today July 4, 2013
Reading, writing and engaging in activities that stimulate the brain could help preserve memory as people age, according to a study published in Neurology. The study found that people who participated in activities that exercised their brain performed far better in tests that measured memory and thinking. Study author, Robert S. Wilson, PhD, with Rush University Medical Center in Chicago, said that this could mean that "exercising your brain by taking part in activities such as these across a person's lifetime, from childhood through old age, is important for brain health in old age."
View the full article here: http://www.medicalnewstoday.com/articles/262883.php
Keywords: mentally, active, helps, preserve, memory
Recovery Month promotes the societal benefits of prevention, treatment, and recovery for mental and substance use disorders, celebrates people in recovery, lauds the contributions of treatment and service providers, and promotes the message that recovery in all its forms is possible. Recovery Month spreads the positive message that behavioral health is essential to overall health, that prevention works, treatment is effective and people can and do recover.
National Recovery Month 2014

subset: commoncrawl


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NCR creates cinema solutions that help you meet labor, cost and profit goals. Our tools enable you to deliver great service, from ticketing and concessions to film management, security and more. Implemented alone or as an integrated suite, our solutions help you drive growth, build customer loyalty and improve your operations.
Cinema Film Management
NCR Cinema Film Management provides tools needed to successfully manage a feature film release throughout its lifecycle.
Cinema Reporting and Analytics
Cinema management software with customized metrics in real-time plus mobile dashboards and robust reporting
Cinema Site Management
Theater management software to improve operations and provide managers with control over inventory, menus, pricing and reporting.
Cinema Loyalty Marketing and Gift Cards
Multi-channel customer loyalty marketing solutions to enhance the movie fan experience


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"Food Snob®" <[email protected]> wrote in message
news:[email protected]...
> Start looking at the Accuweather 15 day forecast 15 days before
> Memorial Day weekend, and look at it every day, hoping it won't rain.
> Then watch the forecast change every freakin' day. It's the first
> *really big* family camping trip since Labor Day, 2007.
> --Bryan
When I look for a day a week or so in advance, I'm happy if it says rain.
Given the accuracy of long range forecasting, it assures a good sunny day.


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using R version 3.1.0 Patched (2014-04-23 r65477)
using platform: x86_64-apple-darwin13.1.0 (64-bit)
using session charset: UTF-8
checking for file 'portfolio/DESCRIPTION' ... OK
this is package 'portfolio' version '0.4-6'
checking package namespace information ... OK
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checking for sufficient/correct file permissions ... OK
checking whether package 'portfolio' can be installed ... [4s/4s] OK
checking installed package size ... OK
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checking DESCRIPTION meta-information ... OK
checking top-level files ... OK
checking for left-over files ... OK
checking index information ... OK
checking package subdirectories ... OK
checking R files for non-ASCII characters ... OK
checking R files for syntax errors ... OK
checking whether the package can be loaded ... OK
checking whether the package can be loaded with stated dependencies ... OK
checking whether the package can be unloaded cleanly ... OK
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checking whether the namespace can be unloaded cleanly ... OK
checking loading without being on the library search path ... OK
checking dependencies in R code ... NOTE
'library' or 'require' call to 'methods' which was already attached by Depends.
Please remove these calls from your code.
Packages in Depends field not imported from:
'lattice' 'methods' 'nlme'
These packages need to be imported from (in the NAMESPACE file)
for when this namespace is loaded but not attached.
There are ::: calls to the package's namespace in its code. A package
almost never needs to use ::: for its own objects:
'.matched.perf.df' '.trellis.multiplot'
See the information on DESCRIPTION files in the chapter 'Creating R
packages' of the 'Writing R Extensions' manual.
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lights come on when i push the breaks and pedal shakes but not all the time.
View questions for:All Cadillac
2002 Cadillac DeVille
Cadillac Q&AAsk Your Question
2002 Cadillac DeVille Question: abs and traction control light comes on with a mess of service stability system.
jcmartinez, Berkeley, IL, August 31, 2012, 06:17
2 Answers
Answer #1Greg's Orange Auto (14238 Answers) , Orange, CA - (714) 361-9386globalhelper August 31, 2012, 06:21Master
sounds like the rotors are warped causing shimmy but scan abs and traction codes and post so we can adv
Replyjcmartinez, August 31, 2012, 06:26Rookie
i just took it to firestone and they said it was fine.
but ill get the codes for it anyways
Replyglobalhelper, August 31, 2012, 06:29Master
that was your first mistake, take it to a good mech and have codes scanned. if you feel this shimmy and the lights are on there is a problem. AGREED
Answer #2oldcar56 April 16, 2013, 12:41Rookie
Check your wheel bearings. When the bearing gets hot it triggers the sensors in the hub. At least mine did.
Answer Ranks
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[My Profile] [My Settings] [
My Games
This user has not created a custom message to welcome you to his or her blog. However, there may still be content to view. Check below to see the most recent blog posts. As many as 10 will display on each page, and you can scroll down to the bottom of the page and click to view older posts as necessary.
Getting lost in your points...
July 05, 2007 (04:18 AM)
In the middle of a review, I'll have a hundred ideas of what I want to write and just as many ways I wish I could relay my thoughts to the reader. Then, somewhere along the lines, I'll get caught up in some small aspect of the game and launch into a sort of long-winded diatribe about how horrible the singular annoying aspect of the game may be. At this point, my concentration breaks and my thoughts just flood through without any kind of filter. I'm just wondering if anyone else has found this to be a problem and what they do when they're review has been derailed by unneeded descriptions. In other words: how can I stay focused and make every word of my review justified by organizing my writing? I hate that I am all over the place, at times and need some ideas on how to stay on track.
At the very least, I'm getting a lot more writing done lately. Within the week, I've written reviews for: Bubbles
, Metal Slug
, Dead or Alive 3
, and just finished WarioWare: Smooth Moves
only ten-fifteen minutes ago. It feels good to be in the habit of writing regularly, again.
July 05, 2007 (07:50 AM)
I run into the same problem all the time, but unfortunately, I really don't have any advice since I haven't found a solution myself. Just remember though, that a review should reflect your honest opinions -- so if you get really worked up over some "small aspect" of the game, it's probably not so small and needs to be addressed. I'm just sayin'.
July 05, 2007 (10:02 AM)
Write what you want to write. Cover the points you want to cover, and don't worry about what's a tangent and what isn't until you've finished your review. Then look at the word count in Microsoft Word or some other text editing program. Make a note of it, then cut at least 10% of the text, maybe 20%. Go back through and find sentences that were worded poorly, with filler words of the sort you learned to use in high school when padding research papers to hit your teacher's minimum word count. Take out things like "in my opinion" and "Of course," unless they are necessary as transitional bits. Read through the paragraphs and ask yourself honestly if the paragraph matters. Once you've cut what you should, go back through and work on your transitions
which is almost always necessary after some prudent trimming
. Then go through and read it again and ask yourself how well the piece flows, if you like the organization, if your points are truly supported. Add text back in if you have to and repeat until you have a review you really like. That's what I do these days. It seems to work like a charm.
July 05, 2007 (12:56 PM)
My process:
1. Get out the notebook and jot down about 1-2 pages of points that I really want to bring up, good or bad. I don't worry about clarity or sentence structure here, although sometimes my best lines have come from these off the cuff brainstorms
2. Figure out which points fit together and group them. This way you get a better overall picture and can better see what's important, what can go, and what can be condensed.
3. Now that you have groups of points, write down the order you want to put them in. This will help maintain a consistent flow, instead of the dreaded segmented review.
4. Write it out.
5. Revise, revise, and revise some more. Read it out loud. This will give you the best idea of what works.
6. Print.
2005-2012 HonestGamers
Opinions expressed in this blog represent the opinions of those expressing them and do not necessarily reflect the opinions of site staff, users and/or sponsors. Unless otherwise stated, content above belongs to its copyright holders and may not be reproduced without express written permission.


text:
Created in this Craftsy Workshop
Knit along with me as I cast on, work sleeve increases, and show you how to pick up stitches, bind off in ribbing, and invisibly weave in ends. This workshop includes the full pattern for a ...
More projects from Stefanie Japel's classes on Craftsy:
Offer some kudos...
Join the conversation...
Ask a question...
Add your comment...
|Here are some details about my project:
|Casual, Formal / Bridal, Romantic, Retro / Vintage, Traditional, Cute, Holiday, Classic, Whimsical
What materials did you use? This little shrug uses just one skein of yarn (about 200 yards or even less.) Mix up the look by adding a contrasting trim or lengthening the sleeves. Create a looser-fitting shrug by going up a size, or by using fatter yarn & larger needle. Create a formal or bridal look by using glittery or fuzzy yarn.
What are you most proud of? I'm very proud of how versatile this little pattern is. You can really switch it up for any occasion very easily!
I'm almost finished with mine and I love it! Now I just need to find something to wear it with.
It's a really awesome pattern. I've made it twice and intend to make another version in black (w longer sleeves) after I finish all of my Xmas gift knitting...
please send me how to knit this one my email is:email@example.com
Please send me this pattern. My e-mail is firstname.lastname@example.com
I'd love the pattern too please and I'll post after pics and comments too, thank you :) email@example.com


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I think I just got rejected. I called the girl I met and had a first date with this weekend. She said that she's going roller skating with some girlfriends tonight, and church tomorrow. I told her I would call Thursday. If she's busy again, I'll make sure she has my number and say goodbye. I want to be optimistic, but having been down this road so many times, it's so hard. Why am I so easy to step on? This is the worst feeling in the world. Even a man's heart can only be stomped before it stops....
|© 2002-2008. Blurty Journal. All rights reserved.


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49 years ago, on November 23rd, a legend was discovered in a junk yard on Totter's Lane. 10 years later, the series celebrated its first major anniversary with a special episode, bringing back Patrick Troughton and William Hartnell. This would be the only time the series could bring back it's original star, due to Hartnell's decling health. The story did not disappoint.
When we last saw the Doctor, he was still exiled on Earth, helping out UNIT with unusual alien invasions. So when a mysterious object falls from the sky, and some locals start going missing, it seems like a typical day at the office. However, what the Doctor doesn't realize is the source of the object is a black hole that holds a dark connection to his own people's past. The Timelords need his help.
This is the first view of the Timelords since the series changing War Games episode which lead to Troughton's regeneration. It's also the first time the Doctor's home planet is named, Gallifrey. But more than either of these, the first stories of the ancient Timelord origins come out with the story of Omega.
But beyond the black hole / anti matter plot concepts, and the fun of another classic UNIT story, we get a real look into the troubled psyche of the Doctor. Faced with working with himself, instead of settling in, the Doctor can't put aside his differences, choosing to feel superior to his prior and post selves. A psychiatrist would have a field day with these issues. And might I add, issues that make the insults between Troughton and Pertwee hillarious. But once the Doctor can put his differences aside (partially through a kick in the rear from his first self), nothing can stand in his way.
So join us for the 49th anniversary of Doctor Who by remembering the 10th anniversary and this classic tale. The Three Doctors, TARDIS doors opening at 7:15 PM EST / 0015 BST, and pressing play at 7:30 PM EST / 0030 BST.


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A while back I wrote about the Purple Robe Black Locust trees we had planted and how I thought that they were pretty great trees at first but as of late was having serious doubts about them after I noticed they did not hold up very well in storms.
We recently had to replace one of the Purple Robe in a row along one of the driveways. The landscaper planted the tree and I checked the tag to be sure even though it was not quite the same as the others. Different shape and size. Well the administration was convinced that this was not the right tree and they insisted that the landscaper planted the wrong tree. Had I not seen the tag with my own eyes I would have believed the administration. I did see it though yet this tree was definitely not the same as the others. So I started to do some research. I now have a real dilemma on my hands!
"Photo by Tom Grier/Winona State University; used with permission."
As you can see the shape of this tree and even the purple pink flower brackets hanging down . It is very lovely tree. The only problem is that the purple robe black locust we had planted did not look like this. So now I had to go on a search to find out what we had planted. This is what I came up with.
This is not a Purple Robe Black Locust it is a Robinia pseudoacacia Umbraculifera which is also a varety of black locust. I calle the nursery that sold us these tree 3 years ago and they confirmed that they had sold us the wrong trees but there was not much we could do about it as 3 years had passed.
So just to make matters worse growers are not growing this tree right now because it was found to be very suspetible to borer attack and when it was under stress it tended to sucker from it's root sending up shoots of the root stock it was grafted to. Which is a very invasive tree that also tends to be filled with thorns. Well I decided better to start looking at all 55 of these trees and after just a couple of them I just stopped. I found that they were starting to sucker and then I checked the tres and found they were covered with borer holes and well now I guess it is time to make a decision. I have presented this to the administration and I await there decision.
These trees were all checked by the Landscape Architect that had drawn this plan ever one of the 460 trees we had planted were field checked by her. So if the person that designed this did not know what the tree looked like well I am just saying! My thought as each of these trees dies out lets replace them with the right tree. We will See


text: Summary: ADESSO! VIDEO UPDATE, Third Edition is a complete introductory Italian program that takes a communicative and functional approach to learning language. The VIDEO UPDATE EDITION includes our new Telly award winning DVD, "Sulla Strada: 1378 km," which takes students on a vibrant tour of Italy with Marco, a film student traveling throughout Italy to make a video diary of his exhilarating journey. The Sulla Strada video offers authentic language exchange, and i ...show mores packaged with each new student text at no additional cost. A Video Activity Manual is bound into the front of the student text to help engage students in the language and culture. ADESSO! emphasizes practical skills without compromising the formal skills of the language. The objective of the text is to provide beginning students of Italian with a functional tool for learning how to use the Italian language in real-life situations. ...show lessEdition/Copyright: 3RD 06


text:
Review Summary
J Khaki™ Husky - Classic Jean - Boys 8-20
$12.00 Original Price $30.00
Savings: $18.00 (60%)
These stylish jeans feature a husky fit, 5 pockets and a zipper fly and button closure.
- Zipper fly and button closure
- Belt loops
- 100% Cotton
- Machine Washable
- Belk Exclusive
- Made In Nicaragua
Shipping & Returns
Shipping your purchase is easy on belk.com. Depending on the destination of your package, you can expect it to arrive within 4-7 business days. Shipping Information
Returns are easy on belk.com. Easy returns


text:
The version 4 release of the tool marks some stunning new features, improvements and bug fixes. And for the benefit of Household's, which have less than 10 devices to manage the solution is available free of cost. This festive season will become even more attractive for NIA users as they are eligible for a 50% discount on their existing relationship with NIA.
The feature additions include, a reworked user interface with improved data navigation, easier network management, integrated full-blown licenses audit, support for PDF format of reports, quick search and filter nodes in the network tree, all-new report sidebar that provides fast and accurate access to any node information, Windows Experience Index is now collected from some Windows nodes (Vista, 7, 8), improvised reporting features to name a few.
NIA has become much more faster, the report generation process is improvised, scanning for MS Office now also detects Microsoft Visio and Microsoft Project also, Details collected about a computer's CPU are more precise now. The version 4 release of the product makes it even better than before.
Apart from the tool, one thing that I liked personally is that the demo video of the NIA Software on the website is self explanatory and interactive, you can gauge the benefits of the tools without even downloading the tool. Dummy data corresponding to all the tabs are visible to give you a clear idea what the tool can do for you. So go ahead and check it out for yourself.


text:
You're receiving this CLE and Events Notice as a member of the Tax Section.
Please join us for our fourth annual in-house tax counsel presentation. The panel of presenters will discuss their experiences as in-house tax counsel and compare these experiences to other tax practices.
Jerry Morris, General Mills
Stephen Harris, Best Buy
1 hour of Standard CLE credit applied for
Event Code: 177697
Date: Thursday, March 21, 2013
Time: 3:30 p.m. to 4:30 p.m.
Location: Best Buy Corporation
7601 Penn Avenue South
Richfield, MN, 55423 [Directions/Map]
Section Members: Free
MSBA Members (But Not Tax Section Members): $10.00
Non-MSBA Members: $20.00
Law Students: Free
MLBA Members: $15.00
Teleconferencing is not available.
Cancellation Policy:
Refunds will be processed for cancellation requests received in writing on or before noon on the registration deadline. Requests should be directed to the event contact person listed at the bottom of this notice. Cancellation requests received after this time are not eligible for refunds. You may send a colleague in your place if you are unable to join us and the registration deadline has passed.
Requests for an exception to this policy should be directed to Nicole Battles, Section Services Director, by e-mail or at (612) 278-6336.
Go to the Tax Section Website
Contact: Nicole Battles | e-mail | Phone: (612) 278-6336
600 Nicollet Mall - Suite 380 - Minneapolis MN 55402 | Phone: (612) 333-1183 Toll-Free: (800) 882-MSBA


text:
Orchard Supply Hardware LLC v. Home Depot USA, Inc. et al
Filing 42
ORDER GRANTING MOTION TO DISMISS WITHOUT PREJUDICE by Judge Jon S. Tigar granting 30 Motion to Dismiss. (wsn, COURT STAFF) (Filed on 4/12/2013)
1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ORCHARD SUPPLY HARDWARE LLC, Case No. 12-cv-06361-JST Plaintiff, 8 v. ORDER GRANTING MOTION TO DISMISS WITHOUT PREJUDICE 9 10 HOME DEPOT USA, INC., et al., Re: Dkt. No. 30 Defendants. United States District Court Northern District of California 11 12 13 I. INTRODUCTION Plaintiff Orchard Supply Hardware ("Plaintiff") brings a Complaint ("the Complaint") 14 15 against Defendants Home Depot USA, Inc., ("Home Depot"), Milwaukee Electric Tool 16 Corporation ("METCo") and Makita USA, Inc. ("Makita") for violations of Section 1of the 17 federal Sherman Act ("Sherman Act"), violation of California's Cartwright Act, violations of 18 California's Unfair Competition Law ("UCL"), tortious interference with existing contracts, and 19 tortious interference with prospective economic relations. Dkt. No. 1. The Court has considered 20 the papers and the arguments of the parties at oral argument held April 4, 2013. For the reasons 21 that follow, the Court concludes that the Complaint fails to allege sufficient facts to state a viable 22 cause of action, and must be dismissed without prejudice. 23 II. BACKGROUND 24 A. Factual and Procedural Background 25 26 27 28 For the purposes of a motion to dismiss, the Court adopts the following factual allegations from Plaintiff's Complaint. Plaintiff owns and operates a chain of all-purpose general hardware stores throughout California and is a retail competitor of Defendant Home Depot. Complaint, ¶¶ 1 & 16. Defendant 1 Home Depot is currently the largest, and is a dominant, seller of hardware products in the United 2 States. Id., ¶ 84. Defendants METCo and Makita are each suppliers of power tools that distribute 3 their products to consumers through retail hardware stores such as Plaintiff Orchard Supply 4 Hardware and Defendant Home Depot. Id., ¶¶ 2 & 110. Collectively, Defendants METCo and 5 Makita control between nine and 50 percent of the market share of various power tools. Id., ¶ 7. 6 Within North America, METCo and Makita are the "predominant suppliers of professional power 7 tools," which are those tools sought by tradesmen and other professional customers. Id., ¶ 2, 12, 8 122-24. On June 7, 2012, Home Depot executive Craig Menear publicly announced that Defendant 9 Home Depot would enter into "exclusive-supplier contracts with key suppliers, so that it would 11 United States District Court Northern District of California 10 become the principal or only supplier of the single most important kind of core hardware product 12 – professional power tools and related accessories." Id., ¶ 111. Within a week, Defendant Makita 13 gave notice that it would stop selling power tools to Orchard. Id., ¶¶ 17, 112. Two weeks later, 14 Defendant METCo also informed Plaintiff that it "would cease to make further sales of any of its 15 products to Orchard." Id., ¶¶ 17, 113. Another power tool supplier, Black & Decker Dewalt 16 ("Black & Decker"), disclosed to Plaintiff that Defendant Home Depot had also requested that 17 Black & Decker refuse to deal with Plaintiff, but that Black & Decker had refused. Id., ¶ 114. In 18 response, Black & Decker claims that Defendant Home Depot has lessened its purchases of Black 19 & Decker products and had begun placing them in disadvantageous locations in its retail outlets. 20 Id. Plaintiff filed this Complaint on December 14, 2012. Dkt. No. 1. Defendants filed a 21 22 Motion to Dismiss in February, which the Court now considers. Dkt. No. 30. 23 B. 24 Jurisdiction Plaintiff's first two causes of action arise under federal law, Section 1 of the Sherman 25 Antitrust Act. 15 U.S.C. § 1. The Court has exclusive jurisdiction over those claims pursuant to 26 Section 4 of the Clayton Act. 15 U.S.C. § 15. Subject-matter jurisdiction is therefore proper 27 pursuant to 28 U.S.C. § 1331. Since the remaining causes of action arise from the same "nucleus 28 of operative fact" as the Sherman Act claims, this Court can, and hereby does, exercise 2 1 supplemental jurisdiction over those claims pursuant to 28 U.S.C. § 1367(a). 2 C. Legal Standard "Dismissal under Rule 12(b)(6) is appropriate only where the complaint lacks a cognizable 3 4 legal theory or sufficient facts to support a cognizable legal theory." Mendiondo v. Centinela 5 Hosp. Med. Ctr., 521 F.3d 1097, 1104 (9th Cir. 2008). Dismissal is also proper where the 6 complaint alleges facts that demonstrate that the complaint is barred as a matter of law. See 7 Balistreri v. Pacifica Police Dept., 901 F.2d 696, 699 (9th Cir. 1990); Jablon v. Dean Witter & 8 Co., 614 F.2d 677, 682 (9th Cir. 1980). For purposes of a motion to dismiss, "all allegations of material fact are taken as true and 9 construed in the light most favorable to the nonmoving party." Cahill v. Liberty Mut. Ins. Co., 80 11 United States District Court Northern District of California 10 F.3d 336, 337-38 (9th Cir. 1996). However, "[w]hile a complaint attacked by a Rule 12(b)(6) 12 motion to dismiss does not need detailed factual allegations, a Plaintiffs' obligation to provide the 13 'grounds' of his 'entitle[ment] to relief' requires more than labels and conclusions, and a 14 formulaic recitation of the elements of a cause of action will not do." Bell Atl. Corp. v. Twombly, 15 550 U.S. 544, 555 (2007). "To be entitled to the presumption of truth, allegations in a complaint 16 or counterclaim may not simply recite the elements of a cause of action, but must contain 17 sufficient allegations of underlying facts to give fair notice and to enable the opposing party to 18 defend itself effectively." Starr v. Baca, 652 F.3d 1202, 1216 (9th Cir. 2011) cert. denied, 132 S. 19 Ct. 2101 (U.S. 2012). "The factual allegations that are taken as true must plausibly suggest an 20 entitlement to relief, such that it is not unfair to require the opposing party to be subjected to the 21 expense of discovery and continued litigation." Id. To survive a motion to dismiss, a pleading 22 must allege "enough fact to raise a reasonable expectation that discovery will reveal evidence" to 23 support the allegations. Twombly, 550 U.S. at 556. "Dismissal with prejudice and without leave to amend is not appropriate unless it is clear 24 25 on de novo review that the complaint could not be saved by amendment." Eminence Capital, LLC 26 v. Aspeon, Inc., 316 F.3d 1048, 1052 (9th Cir. 2003). 27 /// 28 /// 3 1 III. DISCUSSION 2 A. Sherman Act Section 1 of the Sherman Act prohibits "unreasonable restraints" of trade. State Oil Co. v. 3 4 Khan, 522 U.S. 3, 10 (1997). "[T]he accepted standard for testing whether a practice restrains 5 trade in violation of § 1" is the "rule of reason." Leegin Creative Leather Products, Inc. v. PSKS, 6 Inc., 551 U.S. 877, 885 (2007). As an alternative, a plaintiff can also allege that a restraint is one 7 that has already been "deemed unlawful per se." Khan, 522 U.S. at 10. Plaintiff pursues both 8 theories in its Complaint. 9 1. 10 Per Se Violation: Unlawful Group Boycott An unlawful group boycott is one type of per se violation of Section 1. NYNEX Corp. v. United States District Court Northern District of California 11 Discon, Inc., 525 U.S. 128, 134-36 (1998). In order to establish an unlawful group boycott, 12 Plaintiff must establish, inter alia, the existence of a horizontal arrangement between 13 METCo and Makita to jointly participate in the boycott. Id., 525 U.S. at 135. "The crucial 14 question" is whether METCo and Makita's conduct "stemmed from independent decision or from 15 an agreement, tacit or express." Theatre Enterprises, Inc. v. Paramount Film Distrib. Corp., 346 16 U.S. 537, 540 (1954); see also NYNEX at 136. It would not be a per se violation for Home Depot 17 to seek and obtain an exclusive distributorship agreement with a provider. See id. at 136-37; see 18 also Monsanto Co. v. Spray-Rite Serv. Corp., 465 U.S. 752, 761 (1984) ("[a] manufacturer of 19 course generally has a right to deal, or refuse to deal, with whomever it likes, as long as it does so 20 independently"). 21 Plaintiff does not argue in its Complaint or in its opposition to the motion to dismiss that 22 Makita and METCo communicated with each other. Instead, in the parlance of antitrust law, 23 Plaintiff argues that Defendant Home Depot formed a "hub" connecting two "spokes" -- 24 Milwaukee and METCo -- into a horizontal arrangement. Dkt. No. 33, Opposition of Orchard 25 Supply Hardware LLC to Defendants' Joint Motion to Dismiss its Complaint under Rule 12(b)(6) 26 of the Federal Rules of Civil Procedure ("Opp."), 7:16. A hub-and-spoke relationship can 27 establish a horizontal arrangement, but there still must be a "rim": an at least tacit understanding 28 between the horizontal competitors that each would participate in the boycott. The complaint, 4 1 however, lacks any factual allegation that Defendants Makita or METCo had an arrangement with 2 each other, tacit or otherwise. Plaintiff argues that its complaint is sufficient nonetheless, and offers two cases in 3 4 support.1 Opp., 5:25 & 13:18. Both are distinguishable. In Anderson News, L.L.C. v. Am. 5 Media, Inc., 680 F.3d 162, 187-89 (2nd Cir. 2012), the Second Circuit found a complaint 6 sufficient where the plaintiff specifically alleged that several horizontal competitors had met and 7 communicated with each other during a specific two-week period to establish a group boycott. In 8 Toys "R" Us, Inc. v. F.T.C., 221 F.3d 928, 932-35 (7th Cir. 2000), there was "direct evidence of 9 communications" between the horizontal competitors, as well as evidence that horizontal competitors agreed to participate in a boycott "on the condition that their competitors would do the 11 United States District Court Northern District of California 10 same." Plaintiff's Complaint contains no allegation of any similar communication. 12 At the pleading stage, "when allegations of parallel conduct are set out in order to 13 make a § 1 claim, they must be placed in a context that raises a suggestion of a preceding 14 agreement, not merely parallel conduct that could just as well be independent action." Twombly, 15 550 U.S. at 557. In its opposition to the motion to dismiss (but not in the Complaint), Plaintiff 16 argues that its complaint "support[s] a plausible inference" that Home Depot "reassured each 17 complicit supplier that the other would likewise refuse to make sales to Orchard and other targeted 18 competitors," and that the pled facts "strongly suggest" that "Milwaukee and Makita each agreed 19 to stop making these sales upon being reassured by Home Depot that the other would do the same 20 at around the same time," Opp., 2:15-17. According to Plaintiff, even though the Complaint does 21 not allege that any such assurance was offered, it is plausible to infer that "neither Milwaukee nor 22 Makita would have agreed to stop making sales to significant distribution channels, save upon 23 obtaining reassurance from Home Depot that the other had likewise agreed to do so." Opp., 24 25 26 27 28 1 At oral argument, Plaintiff's counsel also referred the Court to Klor's, Inc. v. Broadway-Hale Stores, Inc., 359 U.S. 207 (1959). In that case, the plaintiff alleged that a group of stores had reached a concerted agreement, and "defendants did not dispute these allegations." Id. at 209. Instead, the defendants sought and won a summary judgment holding that, even if some concerted agreement had been reached, it did not harm competition sufficiently to amount to an antitrust violation. Id.at 210-11. In reversing the lower courts on this point, the Supreme Court did not address the question of the facts necessary to plead a claim of a horizontal conspiracy. 5 1 2 7:13-15. The pled facts are these. Home Depot, a powerful retailer, announced its interest in 3 seeking exclusive distributorships with suppliers. Shortly thereafter, two suppliers, comprising 4 between nine and 50 percent of the market of various power tools, agreed to establish exclusive 5 relationships with Home Depot. Meanwhile, other suppliers, including Black & Decker, declined 6 to do so. Plaintiff argues that Defendants METCo and Makita would have only entered into an 7 exclusive agreement if they were assured that the other would do likewise. That only begs the 8 question of why both were apparently willing to do so without an assurance that Black & Decker 9 and other suppliers would participate. In discussing the kind of parallel conduct allegations that "raise a reasonable expectation 11 United States District Court Northern District of California 10 that discovery will reveal evidence of illegal agreement" the Supreme Court has suggested that a 12 complaint should allege "parallel behavior that would probably not result from chance, 13 coincidence, independent responses to common stimuli, or mere interdependence unaided by an 14 advance understanding among the parties". Twombly, at 556, n.4 (quoting 6 Areeda & 15 Hovenkamp, Antitrust Law ¶ 1425, at 167–185 (2d ed. 2003)). Here, there is nothing to suggest 16 that Defendants METCo's and Makita's actions were "not merely parallel conduct that could just 17 as well be independent action," Twombly, supra, 550 U.S. at 557, or an "obviously reasonable 18 [response] to a common external stimulus or business problem." 6 Areeda & Hovenkamp, 19 Antitrust Law ¶ 1425 at 182 (3rd. ed. 2010). Even assuming, as the Court must, that METCo and 20 Makita are the predominant suppliers of "professional power tools," this does not indicate that the 21 two announcements probably would not have been independent responses to the common stimulus 22 of Home Depot announcing its desire to seek exclusive distributorship relationships. 23 This Court does not hold, as Defendants appeared to suggest at oral argument, that a 24 complaint alleging an unlawful group boycott must allege specific communications amongst 25 conspirators, and provide evidentiary support for that allegation. Circumstantial evidence can 26 establish an antitrust conspiracy at trial or at summary judgment. See, e.g., Monsanto Co. v. 27 Spray-Rite Service Corp., 465 U.S. 752, 764-65 (1983). Certainly more is not required at the 28 pleading stage. 6 However, in similar cases, courts have required considerably more than the allegations in 2 the Complaint before inferring illegal agreement from parallel conduct. For example, in Starr v. 3 Sony BMG Music Entm't, 592 F.3d 314, 323-27 (2nd Cir. 2010), plaintiffs buttressed their 4 allegation of concerted agreement by pointing to numerous surrounding circumstances indicating 5 that it would contravene each defendant's self-interest to act as it had in the absence of an 6 agreement with its competitors. See also In re Text Messaging Antitrust Litig., 630 F.3d 622, 627- 7 29 (7th Cir. 2010) (affirming the sufficiency of a complaint that had alleged "'parallel plus' 8 behavior" such as unprecedented pricing changes made at the same time by multiple competitors 9 for no discernible reason); In re High-Tech Employee Antitrust Litig., 856 F. Supp. 2d 1103, 10 1115-22 (N.D. Cal. 2012) (refusing to dismiss a complaint that had alleged "much more than 11 United States District Court Northern District of California 1 parallel conduct"). Without suggesting that the aforementioned cases establish the minimum 12 requirements for a plausible conspiracy claim, the Court concludes that the current Complaint less 13 resembles those cases than it does the many post-Twombly cases in which dismissal was proper. 14 See, e.g., Mayor & City Council of Baltimore, Md. v. Citigroup, Inc., 709 F.3d 129, 137-38 (2nd 15 Cir. 2013); Burtch v. Milberg Factors, Inc., 662 F.3d 212, 226-30 (3rd Cir. 2011) cert. denied, 132 16 S. Ct. 1861 (U.S. 2012); In re Ins. Brokerage Antitrust Litig., 618 F.3d 300, 326-36 (3rd Cir. 17 2010); MedioStream, Inc. v. Microsoft Corp., 869 F. Supp. 2d 1095, 1103-05 (N.D. Cal. 2012); In 18 re Late Fee & Over-Limit Fee Litig., 528 F. Supp. 2d 953, 962-65 (N.D. Cal. 2007) (all dismissing 19 complaints which alleged only parallel conduct that was consistent with rational business 20 behavior). Since Plaintiff's complaint has "not nudged [its] claims across the line from conceivable to 21 22 plausible," it has not alleged sufficient facts to plead an unlawful group boycott. Twombly, 550 23 U.S. at 570. 24 2. "Rule of Reason" Violation 25 As an alternative to its claim of a per se violation, Plaintiff argues that the facts support a 26 viable Section 1 claim under the rule of reason. Under the rule of reason, a court must determine 27 whether a restraint on trade constitutes an "unreasonable restraint on competition. . . . taking into 28 account "specific information about the relevant business" and "the restraint's history, nature, and 7 1 effect." Leegin, 551 U.S. at 885 (2007) (internal citations omitted). As with a per se violation, 2 Plaintiff must allege some sort of specific "contract, combination or conspiracy." Kendall v. Visa 3 U.S.A., Inc., 518 F.3d 1042, 1046 (9th Cir. 2008). To the extent the complaint rests upon the 4 allegation of a horizontal agreement between Defendants Makita and METCo, it is insufficient for 5 the same reasons discussed above. But Plaintiff has adequately pled facts suggesting the existence 6 of two vertical agreements (between Home Depot and MetCO and between Home Depot and 7 Milwaukee) which could be unreasonable restraints of trade under the rule of reason. Complaint, 8 ¶ 4. In order to plead a viable claim of a rule of reason violation, Plaintiff must allege sufficient 9 facts to support its claim that these agreements harmed competition with a relevant geographic and 10 product market. Newcal Indus., Inc. v. Ikon Office Solution, 513 F.3d 1038, 1044 (9th Cir. 2008). United States District Court Northern District of California 11 "[S]ince the validity of the 'relevant market' is typically a factual element rather than a 12 legal element, alleged markets may survive scrutiny under Rule 12(b)(6) subject to factual testing 13 by summary judgment or trial." Id., 513 F.3d at 1045. Plaintiff has adequately pled a relevant 14 product market. Complaint, ¶ 119-21. However, Plaintiff's definition of the relevant geographic 15 market -- "various regional markets in California and Oregon where Orchard and other retail 16 sellers of power tools compete against one another" -- is vague and conclusory. Complaint, ¶¶ 95 17 & 126. While detailed factual findings at the pleading stage are not required, Plaintiff must 18 provide enough facts "to enable the opposing party to defend itself effectively." Starr, 652 F.3d at 19 1216. Information about the reach of this market is not exclusively within the Defendants' 20 possession. Plaintiff should plead the geographic range of the relevant market with greater 21 specificity. 22 Within the properly defined relevant market, Plaintiff must show "an injury to competition, 23 rather than just an injury to plaintiff's business." Sicor, Ltd. v. Cetus Corp., 51 F.3d 848, 854 (9th 24 Cir. 1995). "In order successfully to allege injury to competition . . . a claimant must, at a 25 minimum, sketch the outline of the antitrust violation with allegations of supporting factual 26 detail." Les Shockley Racing, Inc. v. Nat'l Hot Rod Ass'n, 884 F.2d 504, 507-08 (9th Cir. 1989). 27 Plaintiff argues that it has alleged "the very kind of harm to competition that lies at the heart of a 28 rule-of-reason offense" by alleging that Home Depot will be able to charge higher prices and 8 1 deprive consumers of choice as a result of its agreements. Complaint, ¶¶ 20 & 166; Opp., 20:16. 2 However, the Ninth Circuit has very recently held that "[a]llegations that an agreement has the 3 effect of reducing consumers' choices or increasing prices to consumers does not sufficiently 4 allege an injury to competition." Brantley v. NBC Universal, Inc., 675 F.3d 1192, 1202 (9th Cir. 5 2012) cert. denied, 133 S. Ct. 573 (U.S. 2012). The Brantley court indicated that plaintiffs could 6 allege a viable injury to competition by alleging that an agreement facilitated horizontal collusion 7 or foreclosed competitors from entering into or competing in a market. Id. at 1198. Allegations of 8 this sort would sufficiently plead harm to competition. However, where, as here, the only alleged 9 injury to competition is increased prices and reduced consumer choice, dismissal is proper. Id. at 1204.2 11 United States District Court Northern District of California 10 B. Cartwright Act The Cartwright Act, California's antitrust law, was "modeled after the Sherman Act," and 12 13 therefore the Court's analysis "mirrors the analysis under federal law." County of Tuolumne v. 14 Sonora Community Hosp., 236 F.3d 1148, 1160 (9th Cir. 2001). Plaintiff argues that the 15 Cartwright Act might permit it to allege a group boycott even in the absence of any arrangement 16 between horizontal competitors. Opp., 22:20-23:10. But in both cases cited by Plaintiff for that 17 proposition, the California Court of Appeal explicitly based its reasoning on federal law and 18 precedents. Redwood Theatres, Inc. v. Festival Enters., Inc., 200 Cal. App. 3d 687, 699 (1988); 19 Bert G. Gianelli Distrib. Co. v. Beck & Co., 172 Cal. App. 3d 1020, 1044 (1985) (disapproved of 20 on other grounds by Dore v. Arnold Worldwide, Inc., 39 Cal. 4th 384, 394, n.2 (2006)). The U.S. 21 Supreme Court has, subsequent to those cases, clarified that an unlawful group boycott claim must 22 involve some horizontal arrangement. Discon, 525 U.S. at 138. This Court does not believe that 23 Plaintiff can succeed in establishing a group boycott that constitutes a per se Cartwright Act 24 violation on facts that are insufficient to state a violation of the Sherman Act. Therefore, the Court finds that the Complaint fails to state sufficient facts to establish a 25 26 2 27 28 To avoid this result, Plaintiff's counsel, at oral argument, again cited Klor's, 359 U.S. at 207. But Klor's was not a "rule of reason" case. Rather, it was the case that "set forth the rule" that unlawful group boycotts are a per se violation of Section 1. Discon, 525 U.S. at 128. Therefore, Klor's does not absolve a "rule of reason" claimant of its obligation to plead harm to competition. 9 1 viable Cartwright Act claim for the same reasons it has failed to state a viable violation of the 2 Sherman Act. 3 C. Unfair Competition Law For similar reasons, the Complaint fails to plead a violation of California's Unfair 5 Competition Law ("UCL"), which prohibits both "unlawful" and "unfair" business practices. Cal. 6 Bus. & Prof. Code. §§ 17200 eq seq. Plaintiff can only assert an "unlawful" practice insofar as it 7 can assert violations of other laws. See AT & T Mobility LLC v. AU Optronics Corp., 707 F.3d 8 1106, 1107, n.1 (9th Cir. 2013). Moreover, acts permissible under antitrust laws "cannot be 9 deemed 'unfair' under the unfair competition law," at least not where a plaintiff alleges that the 10 acts are unfair for the same reason it argues that they violate antitrust law. Chavez v. Whirlpool 11 United States District Court Northern District of California 4 Corp., 93 Cal. App. 4th 363, 375 (2001). In its opposition, Plaintiff does not argue that the pled 12 facts support a viable UCL claim except insofar as they support viable Sherman and Cartwright 13 Act violations. Opp., 25:5-7. Therefore, the Complaint fails to state sufficient facts to establish a viable UCL claim for 14 15 the same reasons it has failed to state a viable violation of the Sherman and Cartwright Acts. 16 D. Tortious Interference with Existing Contracts To state a viable claim for tortious interference with existing contracts, a plaintiff must 17 18 establish an "underlying enforceable contract" evidencing a "formally cemented economic 19 relationship." Bed, Bath & Beyond of La Jolla, Inc. v. La Jolla Vill. Square Venture Partners, 52 20 Cal. App. 4th 867, 879 (1997) (quoting Della Penna v. Toyota Motor Sales USA, Inc., 11 Cal.4th 21 376, 392 (1995). The Complaint fails to allege facts sufficient to show that it had any such 22 enforceable contracts with its existing customers or with Defendants METCo and Makita. Instead, 23 it states only that Plaintiff had "regular trading relationships," "contractual dealings," and "master 24 sales contract/ancillary contracts." Complaint, ¶¶ 203-205. Plaintiff must plead sufficient factual 25 allegations about the terms of its enforceable contracts, such that Defendants are sufficiently on 26 notice to defend themselves from the claim of causing the breach or disruption of those contracts. 27 E. 28 Tortious Interference with Prospective Economic Relations In contrast to the tort of interference with existing contracts, a plaintiff need not show a 10 1 specific enforceable contract in order to assert a claim for tortious interference with prospective 2 economic relations. See Bed, Bath & Beyond, 52 Cal. App. 4th at 879. However, Plaintiff must 3 show that the defendant's conduct is "wrongful apart from the interference itself." Korea Supply 4 Co. v. Lockheed Martin Corp., 29 Cal.4th 1134, 1153-54 (2003). Since the Complaint hinges its 5 allegations of wrongful conduct on the claimed antitrust violations, this allegation is insufficient 6 for the same reasons discussed above. 7 IV. 8 9 10 CONCLUSION The Complaint fails to allege sufficient facts to state a claim for the legal claims cited therein, the Court hereby GRANTS Defendants' Motion to Dismiss. Since it is not clear that the complaint could not be saved by amendment, dismissal is United States District Court Northern District of California 11 WITHOUT PREJUDICE. See Eminence Capital, 316 F.3d at 1052. Plaintiff shall file an 12 amended complaint within thirty days of this order. Failure to do so may result in dismissal with 13 prejudice. 14 15 16 17 IT IS SO ORDERED. Dated: April 11, 2013 ______________________________________ JON S. TIGAR United States District Judge 18 19 20 21 22 23 24 25 26 27 28 11


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Book your room at Doubletree by Hilton Salem
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Situated in Salem, this hotel is close to Oregon State Fairgrounds Pavilion, Salem Armory Auditorium, and L. B. Day Amphitheater. Local attractions also include Oregon State Capitol and Chemeketa Community College.
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Room Amenities
In addition to premium cable television, guestrooms include beds with pillowtop mattresses, complimentary wireless Internet access, and refrigerators.Information missing or incorrect? Tell us!
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At your hotel
Doubletree by Hilton Salem features an indoor pool and a fitness center. Public areas are equipped with complimentary high-speed wireless Internet access. This 3-star property offers access to a business center and meeting rooms. 3 meeting rooms are available. This business-friendly hotel also offers barbecue grills, a picnic area, and coffee/tea in the lobby. Complimentary self parking is available on site.
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- Number of floors - 4
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Rio de Janeiro
Recordando minha infância no Rio passeado pela pista do Pão de Açucar.This photo was shot on film. Taken by danielnegreiros with a Lomo LC-A+ (available in our Online Shop) loaded with Lomography X-Pro Chrome 100 (35mm) film in Belo Horizonte, Brazil. These tags describe this photo: portrait, nature, outdoor, xpro, and rio. Date: 2013-02-26. Time: Dusk. This photo can also be found in the album Rio de Janeiro.
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It's called Love's Timeless Hope written by Anne Meredith, it's a bit of a romance novel and so far I love it.
The book is about a romance novelist who decides to go to Jefferson Texas to do research for a new novel. She is intent on trying to make sense of Jefferson's bewitching legends. When she checks into a historic bed and breakfast everything changes and she is swept into the past. After a tour of the home by the Innkeeper she relaxes with a glass of wine and then finds herself in the year 1876..
I will be posting a review when I finish this book, which with the speed of my reading should be about a week. I'm such a slow reader.
Thank you, Dawn.


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I know this is the supplement science section but I have searched through all the threads discussing this topic and none of them were very detailed or informative. My main goal for this thread is to discuss Metabolic Tping and whether or not people think it's a legitimate practice or if it's just a money making scheme. I'm hoping some of the health professionals and doctors can chime in on this as I really value their opinions. Let's get a healthy debate going and also share any personal experiences you might have with Metabolic Typing or your reactions to certain foods.
What is "Metabolic Typing?"?
Think of your body as being like a large, multi-national corporation that has thousands of employees, numerous departments, a multitude of communication requirements, complex production schedules, multi-dimensional supply channels, etc., yet the innumerable activities of the corporation all fall under the direction and control of only a handful of executives. Your metabolism works in a similar fashion. ( Metabolism refers to the sum total of all physiological and biochemical reactions that take place in your body in order to sustain life ). Although hundreds of thousands of biochemical reactions take place in your body on a daily basis, they all fall under the regulation of only a few Fundamental Homeostatic Controls. (FHC)
Metabolic Typing? uncovers the patterns of the genetically-based strengths and weaknesses that make each of us, on a physiological and biochemical level, as unique as our fingerprints. It evolved through a correlation of the known scientific facts concerning the fundamental control systems, with the clinical observation and empirical experience of hundreds of practitioners, with over 60,000 cases over the last 25 years.
Autonomic Nervous System
The ANS, referred to as the master regulator of metabolism, has two divisions: the Sympathetic and the Parasympathetic. Each works in opposition to the other, yet they work together to maintain homeostasis ( metabolic balance and efficiency ). For example, Sympathetic nervous stimulation speeds the heart rate, while Parasympathetic stimulation slows the heart rate. Together, the Sympathetic and the Parasympathetic divisions work to maintain the proper heart rate, as well as the functioning of all the various organs and glands. Certain organs are "switched on" by the Sympathetic and "switched off" by the Parasympathetic, while other organs are "switched on" by the Parasympathetic and "switched off" by the Sympathetic. Some people have inherited stronger organs and glands that are stimulated by the Sympathetic division. These are known as the Sympathetic Dominant Metabolic Types?. Other people have inherited greater strength overall in the Parasympathetic organs and glands and are thus known as Parasympathetic Dominant Metabolic Types?. In those whose organs and glands are relatively balanced between Sympathetic and Parasympathetic influences, the term Balanced Dominants is used to describe their Metabolic Type?.
Oxidative System
While it might be said that the ANS is concerned with maintenance and regulation of energy, the Oxidative System concerns the rate at which nutrients are converted to energy within all of your body's 100 trillion cells. It involves 3 important intracellular processes:
Beta Oxidation
Citric Acid Cycle
About 20% of the potential energy created from your food comes from the combustion of carbohydrates in Glycolysis. The other potential 80% comes from the Citric Acid Cycle. In simple terms, energy is produced in the Citric Acid Cycle from a combination of the right amount of Oxaloacetate ( from the combustion of carbohydrates in Glycolysis ) and the right amount of Acetyl Coenzyme-A ( from metabolism of fats in Beta Oxidation ). If there is too much Oxaloacetate and not enough Acetyl Co-A, or if there is too much Acetyl Co-A and not enough Oxaloacetate, then energy production is deficient.
Some people are Fast Oxidizers -- they are poor at metabolizing fats and producing Acetyl Co-A from Beta Oxidation and so they are overly reliant on the combustion of carbohydrates in Glycolysis for energy production. Fast Oxidizers tend to burn carbohydrates too quickly and thus they produce excess Oxaloacetate. A high carbohydrate diet only worsens the problem, but increased amounts of fats and proteins ( dietary sources of Acetyl Co-A ) and specific nutrients to help activate and support Beta Oxidation, help balance their chemistries and normalize their energy production.
Slow Oxidizers have the same problem as Fast Oxidizers -- deficient energy production -- but for the exact opposite reasons. Slow Oxidizers are overly reliant on fat metabolism in Beta Oxidation, so they produce excess Acetyl Co-A, but they are also poor at carbohydrate combustion in Glycolysis, and tend to be deficient in the production of Oxaloacetate. Unlike the Fast Oxidizers, Slow Oxidizers do well on higher carbohydrate intakes ( dietary sources for oxaloacetate ) with less protein and fat in their diets ( sources of Acetyl Co-A ) and they require different nutrients to activate and support Glycolysis.
In short, both the kinds of foods and the proportions of the proteins, fats, and carbohydrates are very different for each Metabolic Type?. They require different "fuels" and different "fuel mixes" in order to properly convert their nutrients into energy.
Dominance -- Putting It All Together
Within each of these Control Systems, there are 3 possible Metabolic Type? categories:
Autonomic Nervous System
Sympathetic Type
Balanced Type
Parasympathetic Type
Oxidative System
Slow Oxidizer Type
Mixed Oxidizer Type
Fast Oxidizer Type
Therefore, there are 9 possible Metabolic Type? combinations involving the pairing of the Autonomic and the Oxidative Systems:
Sympathetic Fast
Sympathetic Mixed
Sympathetic Slow
Balanced Fast
Balanced Mixed
Balanced Slow
Parasympathetic Fast
Parasympathetic Mixed
Parasympathetic Slow
Within each pair, one Fundamental Homeostatic Control ( FHC ) will be dominant -- either the Autonomic or the Oxidative System. For example, in the first pairing, either the Sympathetic Autonomic System will dominate, or the Fast Oxidative System will dominate. Why is this significant ? Because whichever control mechanism is dominant will dictate how nutrients will behave in your body. This is because foods and nutrients have opposite biochemical behavior in the different FHC's. Any food can be either stimulating or sedating, acidifying or alkalinizing -- not due to an inherent quality of the food itself, but rather due to the effect of the food on the dominant control mechanism. Every food and every nutrient has a very specific effect on the body's FHC's. For example, eating an orange or taking a potassium supplement will alkalinize the chemistry of an Autonomic Dominant ( by stimulating the Parasympathetic System ), but will acidify the chemistry of an Oxidative Dominant ( by increasing Fast Oxidation ).
The different influence of nutrients and foods on each Metabolic Type? is what makes nutrition so confusing. It's a matter of a roll of the dice without Metabolic Typing?. This is the reason that "one man's food is another's poison" -- what can help heal one person can worsen the same condition in another person. [ Note: This phenomena was first observed in 1983, by W.L. Wolcott, the founder of The Healthexcel System of Metabolic Typing? and was coined by him as "The Dominance Factor." ]
Certain foods stimulate, strengthen and support the Parasympathetic System ( alkalinize ), while other foods stimulate, strengthen and support the Sympathetic System ( acidify ). In the Oxidative System, the effects of these same foods are actually reversed! This is why nutrition can be so confusing, complex and unpredictable.
Our online questionnaire solves this problem quickly and easily.
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Make no mistake ? food is the most powerful "drug" on this earth. You eat it several times a day, every day of your life. It contains hundreds upon hundreds of compounds that your body uses as its "fuel for life." Your food can be your medicine or your poison. It has the power to heal. But it also has the power to make you ill if you eat foods that are wrong for you. With the exception of accidents and suicide, the 10 leading causes of death in the US can all be caused by eating the wrong diet, and all of them have been cured by eating the right diet!
It's not only what you eat, it's also in what proportions you consume your macro-nutrients ( proteins, fats, and carbohydrates ) that will allow you to maximize your energy, develop peak performance, normalize your appetite and be as trim as you can be. After eating, you should feel an elevation of your energy, a normalization of your moods, and a sense of feeling satisfied. If, within 1-2 hours after eating, you feel more tired, or your mood worsens, or you still feel hungry, crave sweets or feel like you need a "pick-me-up," then you need to change the ratio of proteins, fats and carbohydrates at that meal until your symptoms improve.
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True Colour Events strives to be the BEST Event Company by any measure. Extending its "wings" True Colour Events is branching out into the international market to extend horizons. To date, events in Mauritius, Togo and Ghana have proven to be undoubtedly successful and future international events are soon to follow.
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We are energetic & vibrant partners with experience of over 30 years in Eventing & function Co-ordinating. Our Knowledge of the Hospitality industry is vast. Our services range from Conferences to Hospitality, Roadshows and Productions to Corporate Launches and Golf Days.
True Colour Events has moved from Isando to our beautiful new home on the East Rand. Watch this space for your personal invitation to come view our Heritage site offices dating back from 1902.


text: Cottonwood Square sits at the intersection of Murray-Holladay Road and Highland Drive, in Holladay, Utah, within the thriving Salt Lake City metropolitan region – and adjacent to Cottonwood Mall. Cottonwood Square is located within a solid and growing trade area. Approximately 124,000 people live within a three-mile radius, which is projected to grow by 3.7 percent by 2014. The future of this asset is under consideration by the Howard Hughes Corporation and plans are being developed to best position the property for the unique opportunities presented by evolving market conditions.


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|Patient perspectives on HIPEC Treatment at St. John Providence Health System.
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Cytoreductive Surgery (CRS) and Hyperthermic Intraperitoneal Chemotherapy (HIPEC) in the Management of Peritoneal Surface Malignancies.
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tag:blogger.com,1999:blog-11944565.post260261401978421393..comments2014-12-15T20:43:57.923-06:00Comments on A Veggie Venture: Recipe for Homemade Guacamole with Tomatillos ♥ Weight Watchers-Friendly!Alanna Kellogghttp://firstname.lastname@example.com:blogger.com,1999:blog-11944565.post-37297173010436864592008-01-24T07:17:00.000-06:002008-01-24T07:17:00.000-06:00Linda ~ Good point, this guacamole did stay green ...Linda ~ Good point, this guacamole did stay green for the longest time. I even ended up with some leftover, covered it with Saran and left it in the fridge for a few days: still green.

Janelle ~ You made my day, thanks!

Lydia ~ GREAT idea to char the onions, too.

Momof3 ~ Tuscon and every other American city, apparently. Somewhere I read that 80% of the country's avocados are consumed during the playoffs and SuperBowl.

Dandelion/Alanna ~ Ha! We do have the same name and both love vegetables! But A Veggie Venture is not vegan, not even vegetarian, even though it is 100% vegetables. Thanks for saying 'hi'!

Cara ~ It's a good one!Alannahttp://firstname.lastname@example.com:blogger.com,1999:blog-11944565.post-77699669768080211542008-01-23T23:03:00.000-06:002008-01-23T23:03:00.000-06:00I am practically drooling over this!I am practically drooling over this!Carahttp://email@example.com:blogger.com,1999:blog-11944565.post-52484750486593582552008-01-23T21:39:00.000-06:002008-01-23T21:39:00.000-06:00Oh my gawd, is there another vegan (vegetarian?) A...Oh my gawd, is there another vegan (vegetarian?) Alanna out there?
And spelled the same...

PV
AlannaDandelions_In_Her_Hairhttp://email@example.com:blogger.com,1999:blog-11944565.post-7583235702570831002008-01-23T15:14:00.000-06:002008-01-23T15:14:00.000-06:00I'm excited to try this over Super Bowl Sunday. I...I'm excited to try this over Super Bowl Sunday. I live in Tucson, so guac is a staple of get-togethers. I also like to add lime juice to my guacamole for an extra layer of flavor.momof3http://firstname.lastname@example.com:blogger.com,1999:blog-11944565.post-42548352338957168952008-01-23T12:57:00.000-06:002008-01-23T12:57:00.000-06:00Beautiful, and so delightfully green, too. I alway...Beautiful, and so delightfully green, too. I always char the onions, because I don't like the flavor of raw onion. It's nice that tomatillos are available in the regular grocery store now.Lydiahttp://firstname.lastname@example.com:blogger.com,1999:blog-11944565.post-10769454220640465322008-01-23T09:57:00.000-06:002008-01-23T09:57:00.000-06:00Alanna,Loved how the end talked about 'where's the...Alanna,

Loved how the end talked about 'where's the heat?' I adore tidbits of info such as this!!

Great idea on tomatillos... I REALLY need to use them more...

Cheers!janellehttp://firstname.lastname@example.com:blogger.com,1999:blog-11944565.post-38095574150918448542008-01-23T09:50:00.000-06:002008-01-23T09:50:00.000-06:00One of my favorites guacamole recipes is from Debb...One of my favorites guacamole recipes is from Debbie Madison's Savory Way Cookbook, her Tomatillo-Avocado Salsa stays greener longer. (It's not much different from your recipe.) Just before serving, she also seasons with lime juice or vinegar and salt.

I always add green chilies, too, just because I like them in firstname.lastname@example.com


text: Official Kanye West for Sasquatch 2011 thread Jun 21, 2010 22:02:26 GMT -5 Quote Select PostDeselect PostLink to PostMemberGive GiftBack to Top Post by Cbats on Jun 21, 2010 22:02:26 GMT -5 Jun 21, 2010 20:24:21 GMT -5 know ID yuh said:Jun 21, 2010 19:35:06 GMT -5 Cbats said:This thread is mostly a joke (although I love Kanye and would be front row to see his show...), but seriously guys are we already at the point where we are recommending outlandishly huge headliners? Jay-z isn't going to be there for the same reason Radiohead, Pearl Jam, and Dave Mathews won't be there.Uhhhhhh, I don't recall anyone speculating about the 2011 lineup prior to this thread about an "outlandishly huge headliner."nah kanye is the perfect size to headline


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Land of Odds - Jewelry Design Center
The Open Window Gallery - Fine Art Jewelry
|Be Dazzled Beads
The Center for Beadwork & Jewelry Arts
The Open Window Gallery
718 Thompson Lane, Ste 123
Nashville, Tennessee 37204
www.landofodds.com firstname.lastname@example.com
This agreement is made on _______________(date) between Be Dazzled Beads
and The Open Window Gallery (name of shop and Gallery), herein referred
to as "Gallery", and _____________________________________
(jewelry artist name)
, herein referred to as "Artist".
Whereas Artist wishes to sell finished fine art, jewelry or beaded pieces by consigning said item(s) listed on CONSIGNMENT PRODUCT LISTING SHEET attached to this Agreement to Land of Odds/Be Dazzled Beads for sale, it is understood:
That the Gallery agrees to display item(s) in a prominent place in this establishment.
That the Gallery will make every attempt to obtain the best possible price for the consigned merchandise and will accept no less than that minimum price identified by Artist on CONSIGNMENT PRODUCT LISTING SHEET.
That for the store's efforts, the Gallery is entitled to retain 40% of the purchase price (before any sales taxes added).
After the sale of an item, the Gallery shall forward a check for the amount of the full purchase price less any sales taxes and less the aforementioned 40% to Consignee within 30 days of the receipt of same.
That Seller represents that the store is not responsible for any item that is stolen, lost or damaged, while in the Store's possession, or after the item has been purchased by a customer and thus is no longer in the Store's possession. The Store is not responsible for repairing any flaws inherent in construction of item(s).
That Seller represents that item(s) will not be removed from the premises for purposes of rental, installment sales or on approval sales without express permission from the Artist.
The Artist may withdraw any item(s) after contacting Warren Feld, and initializing the CONSIGNMENT PRODUCT LISTING SHEET next to the item(s) description(s).
The Artist warrants that he/she created and possesses unencumbered title to the item(s), and that their descriptions are true and accurate.
That Artist (Consignee) agrees to allow the Gallery to negotiate any price up to ___15%__ discounted off the listed retail price. If any customer wants a discount greater than 15%, the Artist will first be contacted by the Gallery on behalf of the customer to get Artist's express permission.
That the Gallery shall collect any Tennessee sales tax due upon sale of item(s), and be responsible for remitting all sales taxes collected to the Tennessee Dept of Revenue.
The Artist is responsible for all the costs associated with shipping the item(s) to the Gallery, including packing and shipping charges, insurance costs, other handling expenses, and risk of loss or damage incurred in the delivery of item(s) from the Artist to the Gallery, and in their return to the Artist.
That should merchandise remain unsold within a timely period, the Gallery and Artist may make a new consignment agreement to continue displaying these pieces or to rotate new items in their place, per agreement with the Gallery.
The Artist shall provide informative cards with each item and which will be given to the purchaser of that item. These cards may include information about the Artist, information about the piece, it's history and/or make-up, and a guarantee that the Artist will repair any item, for a period of up to 1 year from purchase date, should there be a flaw in the construction of the item.
Arrangements and terms for repairs of purchased items, where the damage to the item is due to the negligence of the purchaser, shall be left up to the Artist.
This agreement applies only to works consigned under this agreement and does not make the Gallery a general agent for any other works by the Artist.
The consigned works are held in trust for the Artist's benefit and are not subject to claim by any creditors of the Gallery.
The Artist retains all copyright and reproduction rights to these item(s). The Gallery will not permit any of the works to be copied, photographed or reproduced without the Artist's written permission.
In any proceeding to enforce any part of this Agreement, the laws of Tennessee shall apply. The Artist shall not be entitled to the payment of attorney's fees.
Gallery Owner Signature ____________________ date: __________
Item Reference Number
Artist Initials.Date.
WF041604.1 Description of piece (i.e., 16" necklace, 7" bracelet, dangling earrings) Primary materials and/or colors Listed Retail Price Date Consigned
[Initialed here by Artist] Date Sold and Price Sold At Date Returned
to Consignee
[Initialed here by Gallery]
Artists interested in displaying their pieces in The Open Window Gallery should send a minimum of 10 slides of their work to The Gallery for review. The Gallery has a panel of artists who review slides about every 2 months, and makes determinations based on (a) quality, (b) special qualities about the artist's style, (c) relationship to pieces of other artists currently on display, and (d) space availability.
Examples of the kinds of pieces The Gallery showcases:
- finished necklaces, bracelets, earrings (any medium)
- pendants (which may or may not include a cord or chain)
- bead weavings, including amulet purses and bags, tapestries, jewelry
- inlay stone or glass work
All pieces are displayed on a consignment basis. The Gallery keeps 40% of the sales price; the Artist gets 60%. Example of Standard Consignment Agreement.
LAND OF ODDS - Jewelry Design Center
Want to reach us right now?
COPYRIGHT 2004 Warren S. Feld


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More shots from the Sleepy Hollow Rod Run and Show 'N Shine.This photo was shot on film. Taken by troch with a Lomography Sprocket Rocket (available in our Online Shop) loaded with Lomography X-Pro Chrome 100 (35mm) film in Sechelt, Canada. These tags describe this photo: sprockets, color, 35mm, xpro, cross processed, hot rods, vintage cars, canada, summer, and sprocket rocket. Date: 2012-08-11. Time: Noon. This photo can also be found in the album Rocket Rods.


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Bar ditch
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Semper Ubi Sub Ubi
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As a native of North Mississippi, I grew up with the term "borrow pit," and I was born quite a bit later than 1893. After moving away years ago, I realized that my home state was often last to accept new trends. I look forward to the arrival of "bar ditch" somewhere around mid-century.
Scott F:
I grew up in Kansas – they just called them ditches. Lived in OK for 2 years and all they talked about were bar ditches. When I naively asked how that was different from a regular ditch, they all looked at me like I was crazy. No one could ever explain this, so I read this with great enjoyment and some nostalgia
Bud Short:
I am a civil engineer and have been designing and building roads for more than 35 years. The article is correct. The ditches are cut and the spoil dirt is mounded up between the ditches to raise the road grade. The dirt is "borrowed" from the ditches to create the road crown therefore "borrow ditch" shortened in the south the way they do in the south is now "bar ditch".
David A.:
Well, Bud is on the right track in explaining what the term is. The term is spelled "borrow ditch" when committed to writing but when using the unique oral skills of a true Southerner it is phonetically pronounced as illustrated above "Bar-aahd ditch". Unfortunately those who are not used to hearing such dialect think they are hearing "bar ditch". Thus the confusion.
Starla Medlin:
we here in texas believed it was called this because that is where you usually ended up after a night at the bars drinking and partying.
It must be true they had it on the internet…
I grew up in Missouri and we learned about bar ditches as barrow ditch from the digging of a parallel ditch to a wayward river or waterway to form a levee to contain the water in times of flood. My Grandparents hab a farm and the bar ditch seperated their farm to protect it from winter floods of the river a mile or so from the house.
When I was a child growing up in Texas in the 1950s, I asked my grandmother Olivia Bozeman Adams, who was born in Texas in 1891, why the ditches beside a road were called bar ditches. She explained immediately that when communities built a road they dug two ditches using dredges and mules and piled the removed soil in the middle, trampelled it down and added gravel if available. She recalled that they were originally called 'borry' ditches by the people making the roads in her community when she was a child. Many Texas still pronounce the word 'borrow' as 'borry.'
Sharon R. Flores:
hahaha, don't know why I woke up at 3:00 this AM and remembered my dad calling it a bar ditch (as in, We found you in a bar ditch; that's why you're our daughter). Yep, I'm from Texas. Thanks for the memories!
Tom Sylvester:
I also am an engineer. I have heard the old horse drawn skips or skids were also called "barrows" similar to wheelbarrows. The skid could be lowered (or the wheel raised) to pick up a load. When full, the wheel was than lowered and the horses could haul it to the to the mound between the ditches for the roadway. Barrow ditches thence were the places that the barrows gathered their material.
So I guess you can say that the barrow borrowed the dirt from the barrow (borrow) ditch to make the barrow (mound) for the road.
R. C. White:
Tom, in my part of Oklahoma, "barrow" words were often pronounced "bar", especially when I was a boy (born in 1935). Other "arrow" words rhymed: We played with "bows and ars", used a "har" (harrow) to rake our plowed fields; ate the "bonemar" (marrow) out of beef bones; and drove some pretty "nar" (narrow) roads with bar ditches on either side. And carried dirt and other stuff in "wheelbars". To us, "borrow ditch", "barrow ditch" and "bar ditch" would sound pretty much the same.


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text: Machel Montano (born 24 November 1974, Trinidad and Tobago) is a soca singer, record producer and songwriter based in Trinidad and Tobago. He is the frontman of the popular soca band The HD Family, and is noted for his high energy, fast-paced, and often unpredictable on-stage performances. During his career, which spans over 25 years, he has recorded several songs alongside many of Caribbean music's most popular acts, such as Admiral T, Alison Hinds, Beenie Man, Calypso Rose, Burning Flames, Drupatee, Wyclef Jean, Canibus, Red Rat, Shaggy, Sparrow, Denise Belfon, Ken Marlon Charles (KMC), Destra, Walker Hornung, Vybz Kartel, Mohombi, G-Unit, Black Stalin, David Rudder, Buju Banton, Mr. Vegas, Doug E. Fresh, Pitbull and many others. In 1987 he was the youngest finalist to ever win the Caribbean Song Festival. He now stands as one of the most well-known soca acts in the world, using his leverage as an artist able to sell-out shows. This Soca Classic "Big Truck" has remained a staple in the Soca scene since 1997 being heralded as the "Ultimate Road March Song"


text:
AirTalk for June 28, 2010
Supreme Court extends 2nd Amendment gun rights
Jewel Samad/AFP/Getty Images
An employee of the Project Y2000 firing range checks the balance of a handgun at the range in El Cajon, Southern California, on April 21, 2009.
The Supreme Court ruled 5-4 today to strike down strict anti-gun laws in Chicago and one of its suburbs. Today's ruling expands a previous decision that invalidated Washington D.C.'s handgun ban, affirming the majority's belief that the 2nd Amendment protects the individual right to own a gun for self-defense. While the previous case made federal anti-handgun laws unconstitutional, today's ruling further prohibits states and municipalities from banning guns outright. Do local governments have the right to restrict gun ownership? And since Chicago had one of the nation's strictest bans, will other local gun laws stand?
Jonathan Lowy, Director of the Legal Action Project at the Brady Center to Prevent Gun Violence
Eugene Volokh, the Gary T. Schwartz Professor of Law at the UCLA School of Law. Prof. Volokh is a constitutional law expert, who specializes in the First Amendment, cyberspace law, harassment law and gun control.


text:
Posted Tue, Feb 05, 2013 by Martuk
Who doesn't love a good space shooter? Net Games Laboratory has brought its free-to-play, multiplayer, arcade-style space shooter, Cannons Lasers Rockets (CLR), to Steam Greenlight to see if the community finds it worthy for admission. CLR boasts to feature co-op PvP with up to 10 ships on each team and Clan PvP featuring up to 50 ships on a map. While not on the same massive scale as EVE Online, CLR is more arcade-style and faster in nature. Check out the trailer below for a look and visit the Steam Greenlight page to find out what it's all about to see if you think that it's worth your vote.
Source: Net Games Laboratory Press Release, CLR Steam Greenlight Page


text:
From Poetry Wiki
Wiktionary, the free dictionary.
A genre is a division of a particular form of art or utterance according to criteria particular to that form. In all art forms, genres are vague categories with no fixed boundaries. Genres are formed by sets of conventions, and many works cross into multiple genres by way of borrowing and recombining these conventions. The scope of the word "genre" is usually confined to art and culture. In genre studies the concept of genre is not compared to originality. Rather, all works are recognized as either reflecting on or participating in the conventions of genre.
Genres are often divided into subgenres. Literature, for instance, can be organized according to the "poetic genres" and the "prose genres". Poetry might be subdivided into epic, lyric, and dramatic, while prose might be subdivided into fiction and non-fiction. Further subdivisions of dramatic poetry, for instance, might include comedy, tragedy, melodrama, and so forth. This parsing into subgenres can continue: "comedy" has its own genres, for example, including farce, comedy of manners, burlesque, and satire.
Science Fiction has perhaps more generally recognized subgenres than many other fields of literature, as a science fiction story may be firmly rooted in real scientific possibilities (See: Hard science fiction) as they are understood at the time of writing, or be highly and speculatively imaginative tales set in an extraterrestrial civilization for example, or in a parallel universe, an Alternate history, or outright Fantasy, all recognized subgenres of science fiction. A perhaps more apt term as coined by Robert A. Heinlein is 'Speculative fiction' , an umbrella term covering such genres that depict alternate realities. Thus, even fiction that depicts innovations ruled out by current scientific theory, such as stories about or based on faster-than-light travel, may still be classified as science fiction. More recently, the term science fantasy, which category covers stories which have elements of both hard science and fantasy, has come into play as a subgenre.
Generic conventions
This term describes traditions for each genre. These conventions help to define each genre; for example, they differentiate between an essay and journalistic writing or an autobiography and political writing.
Genre and audiences
Although most genres are often only vaguely definable, genre considerations are one of the most important factors in determining what a person will see or read. Many genres have built-in audiences and corresponding publications that support them, such as magazines and websites. Books and movies that are difficult to categorize into a genre are often less successful commercially.
"Hierarchy of Genres"
In the field of painting, there exists a "hierarchy of genres" associated with the Académie française which once held a central role in academic art. These genres in hierarchical order are:
These categories played an important role between the 17th century and the modern era, when painters and critics began to rebel against the many rules of the Académie française, including the Académie's preference for history painting.poo
Genre in philosophy
The concept of "genre" has played a notable role among philosophers of language, figuring very prominently in the works of philosopher and literary scholar Mikhail Bakhtin. Bakhtin's basic observations were of "speech genres" (the idea of heteroglossia), modes of speaking or writing that people learn to mimic, weave together, and manipulate (such as "formal letter" and "grocery list", or "university lecture" and "personal anecdote"). The work of Georg Lukács also touches on the nature of literary genres, appearing separately but around the same time (1920s–1930s) as Bakhtin.
See also
Genre articles by field
- Biblical genre
- Computer and video game genres
- Crime fiction
- Film genre
- Genre fiction
- Horror (genre)
- Literary genre
- Romantic fiction
- Music genre
- Spy fiction
- Webcomic genres
- Western (genre)
Lists of media by genre
Relevant links
- Helping Children Understand Literary Genres
- Genres of film at the Internet Movie Database
- How to analyze genre
- BROG - The (We)blog Research on Genre Projectcs:Žánr
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