text:
TheStreet) -- Do you remember the Troubled Asset Relief Program established in 2008? Most think that the program has ended. It has not! There is a Special Inspector General to provide an oversight function called SIGTARP. It is investigating how some TARP funds were wasted, stolen or otherwise abused.
On July 24, Christy L. Romero, the Special Inspector General, presented to Congress the SIGTARP quarterly report. Included in the 400-page report is information on the alphabet soup of all programs related to the Great Credit Crunch.
My focus is on the Capital Purchase Program, the facility through which the Treasury directly purchased preferred stock or subordinated debentures in FDIC-insured financial institutions.
CPP intended to provide funds to stabilize the banking system by raising the capital base of banks deemed to be healthy. These funds were supposed to be used to increase lending to consumers and businesses. In my opinion, this program failed to accomplish that goal.
The Treasury invested $204.9 billion in 707 institutions through the CPP facility within TARP. This source of funding was closed on December 29, 2009. As of June 30, 195 of the 707 CPP participants remained in TARP. Stripping out the 53 institutions from which Treasury holds only warrants to purchase stock, 142 of the financial institutions still have outstanding CPP principal balances in TARP funding.
According to the Treasury, $193.8 billion of the $204.9 billion in CPP principal has been repaid as of June 30. The Treasury continues to manage its portfolio of CPP investments, and 96 banks are not current on their interest payments on these commitments. To make these payments, the state regulator of a TARP recipient must approve the payments owed to the government. In many cases, regulators don't approve this reduction of capital as that would put the institution at risk of failure.
(SNV) is the largest bank on this list, but it competed its redemption of TARP funds on July 26.
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subset: commoncrawl


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Security forces in Kyrgyzstan have raided ethnic Uzbek villages in the southern city of Osh on Monday, looking for weapons and to arrest those allegedly involved in recent ethnic clashes that left hundreds dead.
The violence had also lead to the displacement of more than 400,000 people - mostly Uzbeks.
Despite the rise in ethnic tensions that have divided the country, Roza Otenbayeva, the interim president, has said a referendum on a new constitution, which is just a week away, will go ahead.
Clayton Swisher reports from the southern Kyrgyz city of Jalal-abad.
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Hohenberg v. Ferrero USA, Inc
Filing 42
REPLY to Response to Motion re 30 MOTION to Dismiss Consolidated Complaint filed by Ferrero USA, Inc. (Bish, Dale) (ag).
1 2 3 4 5 KEITH E. EGGLETON, State Bar No. 159842 COLLEEN BAL, State Bar No. 167637 DALE R. BISH, State Bar No. 235390 AMIR STEINHART, State Bar No. 275037 WILSON SONSINI GOODRICH & ROSATI Professional Corporation 650 Page Mill Road Palo Alto, CA 94304-1050 Telephone: (650) 493-9300 Facsimile: (650) 565-5100 6 7 Attorneys for Defendant FERRERO U.S.A, INC. 8 UNITED STATES DISTRICT COURT 9 FOR THE SOUTHERN DISTRICT OF CALIFORNIA 10 11 In re FERRERO LITIGATION 12 13 14 15 16 17 ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO.: 11 CV 0205 H (CAB) REPLY MEMORANDUM IN SUPPORT OF DEFENDANT FERRERO U.S.A., INC.'S MOTION TO DISMISS CONSOLIDATED COMPLAINT Before: Hon. Marilyn L. Huff 18 19 20 21 22 23 24 25 26 27 28 FERRERO U.S.A., INC.'S REPLY ISO MOTION TO DISMISS 11 CV 0205 H 1 2 INTRODUCTION Unable to oppose Ferrero's motion to dismiss on the merits, plaintiffs have changed their 3 allegations and legal theories in their Opposition Brief. The Court should therefore dismiss the 4 complaint. Tietworth v. Sears, 720 F. Supp. 2d 1123, 1145 (N.D. Cal. 2010) ("'It is axiomatic 5 that the complaint may not be amended by briefs in opposition to a motion to dismiss.'"). 6 The core of plaintiffs' theory of deception, as set forth in the Master Consolidated 7 Complaint (Dkt. No. 14), is that by touting certain ingredients, Ferrero implies that Nutella® is a 8 "healthy" product and that consumers are surprised to learn that it contains "high" levels of 9 "unhealthy" nutrients – i.e., saturated fat and sugar. As plaintiffs acknowledge, however, federal 10 law preempts state law claims directed to food labeling statements about a product's ingredients 11 that suggest the absence or low level of nutrients, including sugar and saturated fat. To avoid 12 preemption, and in contrast to their complaint, plaintiffs now argue that Ferrero's statements 13 concerning the ingredients in Nutella® do not suggest anything about the amount of nutrients in 14 the product. Plaintiffs cannot have it both ways. Either they are alleging that Ferrero's 15 marketing practices imply that Nutella® contains little or no sugar and fat – in which case their 16 claims are largely preempted – or, if there is no such implication, then plaintiffs have abandoned 17 their original theory of consumer deception and their claims must be dismissed. 18 Similarly, plaintiffs have changed their theory of consumer deception with respect to the 19 "tasty yet balanced breakfast" statement and depictions of Nutella® being served as part of a 20 balanced breakfast. In the Consolidated Complaint, plaintiffs do not allege that the depicted 21 breakfast is unbalanced; rather, they allege that consumers were deceived into thinking "that 22 Nutella® is the key element that makes the depicted breakfast 'balanced' or nutritious." Compl. 23 ¶ 77. As explained in its Opening Brief, Ferrero never said anything of the sort. Rather than 24 defend their original "key element" theory, plaintiffs now argue that it is deceptive to suggest 25 that Nutella® "contributes to a 'balanced breakfast.'" Plaintiffs' Opposition to Motion to 26 Dismiss ("Opp.") at 2-4, 16, 19, 23-24 (emphasis added). But plaintiffs have not pled any facts 27 or identified any guidelines suggesting that Nutella® – containing 3.5 grams of saturated fat (i.e., 28 18% of the daily recommended value), 22 grams of carbohydrates (i.e., 7% of the daily FERRERO U.S.A., INC.'S MEMO ISO MOTION TO DISMISS -1- 11 CV 0205 H 1 recommended value), 1 gram of fiber (i.e., 6% of the daily recommended value) and 3 grams of 2 protein, each of which are essential nutrients for the human body – does not "contribute" to a 3 "balanced breakfast." In the absence of such "objective, measurable facts" or standards, 4 plaintiffs are trying to enforce their own subjective views of what "balanced" means to them 5 (apparently, a low-fat, sugar-free breakfast) – which is not actionable. 6 Finally, plaintiffs have failed to allege a claim for breach of warranty. Plaintiffs' express 7 warranty claim fails because it depends on inferences that are unsupported, while their implied 8 warranty claims fail because plaintiffs do not contend that Nutella® is unfit for human 9 consumption, which is the applicable legal standard in the context of a food product. 10 11 Because the Consolidated Complaint fails to allege sufficient facts or articulate a legal theory upon which relief can be granted, it should be dismissed pursuant to Rule 12(b)(6). 12 13 ARGUMENT I. PLAINTIFFS' CLAIMS ARE LARGELY PREEMPTED BY FEDERAL LAW 14 A. Statements Regarding The Contents of Nutella® 15 As explained in the Opening Brief, plaintiffs' state law claims are preempted to the extent 16 they rely upon statements in the product's labeling about ingredients of Nutella® that plaintiffs 17 allege suggest Nutella® is low in, or free of, sugar and saturated fat. The FDA has determined 18 for which nutrients and at what levels specific language is required to draw the consumer's 19 attention to the amount of such nutrients in the product in connection with statements implying 20 the product is healthy or otherwise low in such nutrients. See 21 U.S.C. §§ 343(r)(2)(B), 21 343(r)(3)(A)(ii). It is undisputed that Nutella® does not exceed those levels, and therefore, 22 Ferrero is not required to make those, or any other, disclosures regarding sugar or saturated fat in 23 connection with any nutrient content claims. See 21 C.F.R. §§ 101.13(h)(1), 101.14(a)(4). Any 24 state law claim to the contrary therefore is preempted.1 In their attempt to avoid preemption, 25 26 27 28 1 Chacanaca v. Quaker Oats Co., 752 F. Supp. 2d 1111 (N.D. Cal. 2010), is on point. There, the Court found the statement "contains whole grain oats" was an implied nutrient content claim considering the context of plaintiffs' allegations – i.e., that the statement conveyed the product was healthy, notwithstanding the presence of trans fat. Id. at 1121. But the FDA had already considered and declined to set a level of trans fat that would disqualify nutrient content claims in (continued...) FERRERO U.S.A., INC.'S REPLY ISO MOTION TO DISMISS -2- 11 CV 0205 H 1 plaintiffs argue that the challenged statements on the Nutella® label and website concerning 2 product ingredients (such as "Hazelnut Spread with Skim Milk & Cocoa," and "Made with over 3 50 Hazelnuts per Jar") "are not implied nutrient content claims." Opp. at 5, 10. In taking this 4 position, however, plaintiffs are walking away from their own complaint. 5 While plaintiffs are correct that hazelnuts, skim milk and cocoa are not the specified 6 "nutrients" required by 21 U.S.C. § 343(q) or 21 C.F.R. § 101.9, as plaintiffs pleaded their 7 complaint, statements about these ingredients are implied nutrient content claims. Plaintiffs 8 acknowledge that the FDA has defined implied nutrient content claims to include any statement 9 that "[d]escribes the food or an ingredient therein in a manner that suggests that a nutrient is 10 absent or present in a certain amount (e.g., "high in oat bran"). 21 C.F.R. § 101.13(b)(2)(i) 11 (emphasis added). Under the plain language of Section 101.13(b), the fact that the challenged 12 statements concern "ingredients" rather than "nutrients" does not mean they are not implied 13 nutrient content claims. 14 Indeed, plaintiffs' allegations fit squarely within Section 101.13(b)(2)(i)'s definition of a 15 nutrient content claim. Saturated fat and sugar are "nutrients" under any definition and the entire 16 thrust of the Consolidated Complaint is that Ferrero's statements about hazelnuts, skim milk, and 17 cocoa suggest that the product does not contain sugar or saturated fat, or contains them at levels 18 that consumers would deem "healthy." While Ferrero does not believe that statements about 19 hazelnuts, skim milk and cocoa imply that Nutella® is low in saturated fat or sugar, that is 20 plaintiffs' theory of deception—that Ferrero draws consumers attention to certain ingredients in 21 Nutella® while supposedly failing to give equal prominence to the fact that the product "contains 22 23 24 25 26 27 28 (...continued from previous page) the labeling without additional disclosures. Any state law claims alleging the statement was misleading due to trans fat content would not be identical to the federal scheme and therefore were preempted. Id. Similarly here, the FDA has already considered and set the levels of total fat and saturated fat that are disqualifying and concluded (as with trans fat) that no amount of sugar makes a nutrient content claim in the labeling misleading. See Mem. in Support of Mot. to Dismiss ("Mem."), at 10-11. Under Chacanaca, plaintiffs' claims are expressly preempted to the extent they rely upon the statements concerning contents of Nutella®. Chacanaca, at 1123. Red v. Kraft Foods, Inc., 754 F. Supp. 2d 1137 (C.D. Cal. 2010) is not to the contrary. There the plaintiffs apparently did not contend that the phrases at issue implied anything about the product's nutrient contents. See id. at 1142. FERRERO U.S.A., INC.'S REPLY ISO MOTION TO DISMISS -3- 11 CV 0205 H 1 dangerous levels of saturated fat [and] over 55% processed sugar" (Compl. ¶¶ 25, 32, 34, 112, 2 131, 143, 145) and that consumers, like plaintiffs, are allegedly "surprised and upset to learn that 3 Nutella® [contains] very high levels of refined sugar and saturated fat." Id. ¶¶ 28, 32.2 Under 4 that theory, the statement is a nutrient content claim under the plain language of 101.13(b)(2)(i). 5 Lest there be any doubt that plaintiffs allege the challenged statements are implied 6 nutrient content claims, the Court need only look at plaintiffs' First Cause of Action. There, 7 plaintiffs allege that Ferrero violated 21 C.F.R. § 101.13(i)(3), which "bars nutrient content 8 claims voluntarily placed on the front of a product label" as well as California Health & Safety 9 Code Section 110670, which "bars nutrient content and health claims voluntarily placed on the 10 front of a product label that fail to comply with the federal regulation for nutrient content and 11 health claims." Compl. ¶¶ 132(b), 133 (emphasis added). Plaintiffs must commit to a theory. If 12 their theory is that Ferrero's statements imply the nutrients fat and sugar were absent or present 13 in low amounts when, in fact, Nutella® contains "dangerous" levels of those nutrients, then their 14 claims are preempted. If on other hand, their theory is that Ferrero did not make any implied 15 nutrient claims, then they are walking away from their assertion that consumers are deceived by 16 the fat and sugar content of Nutella®, and the complaint should be dismissed since it does not 17 allege that the statements are otherwise deceptive (i.e., that Nutella® does not contain hazelnuts, 18 skim milk, or cocoa). 19 B. Statements Regarding Artificial Colors, Preservatives and Flavoring 20 As set forth in Ferrero's Opening Brief, plaintiffs' claims also are preempted to the extent 21 they are based upon Ferrero's labeling statements that Nutella® "contains no artificial colors" 22 and "contains no artificial preservatives" without an accompanying statement that Nutella® 23 contains the artificial flavoring vanillin. This is because Ferrero – in accordance with FDA 24 requirements that artificial flavoring be disclosed in a manner likely to be read and understood 25 26 2 27 28 The Court has previously characterized the gist of plaintiffs' claims as "alleg[ing] that Ferrero misleadingly promotes its Nutella® spread as healthy and beneficial to children when in fact it contains dangerous levels of sugar." Order Denying without Prejudice Def.'s Motion to Transfer, at 1. (Dkt. No. 37). FERRERO U.S.A., INC.'S REPLY ISO MOTION TO DISMISS -4- 11 CV 0205 H 1 by the ordinary individual – does disclose on the product label and on its website that Nutella® 2 contains an artificial flavoring. See Mem. at 12-13. 3 In their Opposition, plaintiffs argue there can be no preemption of claims based on these 4 statements because the FDA does not "expressly permit Ferrero to represent that Nutella 5 'contains no artificial colors or preservatives.'" Opp. at 11-12. Plaintiffs misstate the test for 6 preemption in this context. The appropriate inquiry is not whether a statement is "expressly 7 permitted" as plaintiffs contend, but whether the state law claim seeks to impose a requirement 8 that is non-identical to the federal labeling requirements for disclosures of artificial ingredients. 9 See 21 U.S.C. § 343-1(a)(3) ("no State or political subdivision of a State may directly or 10 indirectly establish under any authority . . . any requirement for the labeling of food of the type 11 required by section . . . 343(k) of this title that is not identical to the requirement of such 12 section.") (emphasis added). Section 343(k) deems a food to be misbranded if it contains any 13 artificial flavoring, coloring, or chemical preservative and the label does not disclose that fact. 14 21 U.S.C. § 343(k). Because Ferrero already complies with Section 343(k) by disclosing the 15 presence of artificial flavoring in the manner required by the FDA, plaintiffs' claims are seeking 16 to impose requirements that are "not identical" to federal law. 17 In addition, plaintiffs now take the position that they have not alleged inadequate 18 disclosure of the artificial flavoring in Nutella®. Opp. at 11. But that is exactly what the 19 Consolidated Complaint alleges: "Ferrero deceptively omits that Nutella® contains the artificial 20 flavoring, vanillin." Compl. ¶¶ 79, 97. Once again, plaintiffs improperly seek to amend their 21 complaint by way of their Opposition brief. 22 II. PLAINTIFFS HAVE FAILED TO STATE A CLAIM UNDER CALIFORNIA'S CONSUMER PROTECTION LAWS 23 24 In its Opening Brief, Ferrero demonstrated that the statements challenged in the 25 Consolidated Complaint are not likely to deceive the public as a matter of law. Mem. at 13-20. 26 Although plaintiffs chose to plead their case by lumping together a "cornucopia" of statements 27 (Opp. at 5), Ferrero showed that none of the statements on the Nutella® label, website, or 28 television advertisements are likely to deceive a reasonable consumer acting diligently under the FERRERO U.S.A., INC.'S REPLY ISO MOTION TO DISMISS -5- 11 CV 0205 H 1 circumstances. Recognizing that many of these statements should be "knocked out," plaintiffs 2 contend that none of their claims "depend upon the Court finding any particular statement or 3 behavior actionable." Opp. at 5. That is not correct. California's consumer protection statutes 4 require plaintiffs to identify "specific individual phrases" that are likely to deceive the public. 5 Janda v. T-Mobile USA, Inc., 378 Fed. Appx. 705, 708-09 (9th Cir. 2010). 6 A. The Nutella® Label 7 Aside from the content claims and FDA-required statement of identity – which are not 8 deceptive in any way and for which plaintiffs' claims are preempted in any event – the only 9 statement on the Nutella® label that plaintiffs are challenging is "[a]n example of a tasty yet 10 balanced breakfast: a glass of skim milk, orange juice and Nutella® on whole wheat bread," 11 which appears on the label with a depiction of the same. Steinhart Decl. in Support of Mot. to 12 Dismiss, Ex. 1 (Dkt. No. 30-3). As explained in the Opening Brief, this statement would not 13 confuse a "reasonably prudent purchaser exercising ordinary care" into thinking that eating 14 Nutella® with a spoon would be a "balanced breakfast." Rather, any reasonable consumer would 15 "appreciate the nutritional benefits associated with whole wheat bread, fruit, skim milk and 16 orange juice," which are prominently displayed and described on the label. Mem. at 15. 17 Because the actual statement on the label is not deceptive, the complaint challenges something 18 that Ferrero never said, i.e., "'that Nutella® is the key element that makes the depicted breakfast 19 "balanced" or nutritious.'" Id. (quoting Compl. ¶ 77). 20 Attempting to sidestep these arguments, plaintiffs abandon the "key element" theory 21 alleged in the Consolidated Complaint, and argue the "tasty yet balanced breakfast" statement is 22 not puffery because that phrase "is a concrete, specific factual assertion" that can be measured 23 according to "objective, measurable facts." Opp. at 16. Plaintiffs do not and cannot, however, 24 identify any allegation in their complaint that the depicted breakfast is not "balanced" according 25 to those "objective, measureable facts." Id. 26 Moreover, there are no factual allegations in the Consolidated Complaint to support the 27 (unplead) conclusion that a breakfast becomes unbalanced by "contributing" the nutrients in 28 Nutella®, i.e., 3.5 grams of saturated fat (18% of the FDA's daily recommended amount), 22 FERRERO U.S.A., INC.'S REPLY ISO MOTION TO DISMISS -6- 11 CV 0205 H 1 grams of carbohydrates (7% of the FDA's daily recommended amount), 1 gram of fiber (6% of 2 the FDA's daily recommend amount), 3 grams of protein and 21 grams of sugar. Rather than 3 point to a factual basis for their new theory, plaintiffs argue that requiring such allegations would 4 be "well beyond the scope of a pleadings motion." Id. But that is precisely the purpose of a 5 Rule 12(b)(6) motion – to ensure that plaintiffs have alleged a sufficient factual basis to support a 6 legal theory. Ashcroft v. Iqbal, 129 S. Ct. 1937, 1949 (2009) ("a complaint must contain 7 sufficient factual matter . . . to 'state a claim to relief that is plausible on its face.'"); Oestreicher 8 v. Alienware Corp., 322 Fed. Appx. 489, 493 (9th Cir. 2009) ("A Rule 12(b)(6) dismissal may be 9 based on either 'the lack of a cognizable legal theory or the absence of sufficient facts alleged 10 under a cognizable legal theory.'"). 11 If plaintiffs contend the depicted breakfast is not "balanced" according to "objective, 12 measurable facts," then they must plead those facts. If, on the other hand, plaintiffs are seeking 13 to enforce their own idiosyncratic views of what constitutes a "balanced breakfast," (i.e., one 14 without fat or sugar), then their claims are nonactionable and fail as a matter of law. Newcal 15 Indus., Inc. v. IKON Office Solution, 513 F.3d 1038, 1053 (9th Cir. 2008).3 16 B. The Television Advertisements for Nutella® 17 Plaintiffs contend Ferrero's television advertisements are deceptive because they portray 18 "mothers feeding Nutella® to happy, healthy children" thereby implying that Nutella® is itself a 19 healthy product (Compl. ¶ 90) and rely upon Chacanaca v. Quaker Oats Co., 752 F. Supp. 2d 20 1111 (N.D. Cal. 2010) in support of that proposition. Opp. at 13-14. In Chacanaca, plaintiffs 21 alleged it was misleading to depict "children in soccer uniforms" in connection with a product 22 that contained trans fats – which plaintiffs alleged "are not safe in any amount." Chacanaca, 752 23 F. Supp. 2d at 1126. Because plaintiffs alleged that "trans fats are not safe in any amount" and 24 25 3 26 27 28 Plaintiffs' attempts to distinguish this Court's holding in Fraker v. KFC Corporation are not persuasive. First, there is no reason why a statement would constitute puffery "because it involved restaurant food" as opposed to "packaged food." Opp. at 15. Similarly, there is no reason why the statement "all foods can fit into a balanced diet plan" would constitute puffery when discussing "fast food" but not when discussing Nutella®." Id. (emphasis added). Presumably, KFC's "fast food" could have been measured by the same "objective, measurable (continued...) FERRERO U.S.A., INC.'S REPLY ISO MOTION TO DISMISS -7- 11 CV 0205 H 1 "crediting the inference plaintiffs draw from the box (that is, that active, healthy children are 2 fueled with Chewy Bars)," the court concluded it could not determine "whether or not a 3 reasonable consumer might be duped by these depictions." Id. Chacanaca is distinguishable. 4 Here, plaintiffs are challenging Ferrero's use of actors who appear healthy and happy 5 while eating Nutella® at the breakfast table. Presumably, plaintiffs would only be satisfied if 6 Ferrero (or any other company whose product contains sugar or saturated fat) advertised using 7 actors who look unhealthy and unhappy. The implications of plaintiffs' preferred advertising 8 standard would sweep far and wide while introducing a level of uncertainty that would be hard to 9 overstate. C.f., Welch v. TD Ameritrade Holding Corp., No. 07 Civ. 6904, 2009 WL 2356131, at 10 *6 (S.D.N.Y. Jul. 27, 2009) (finding "no legal merit" to argument that defendant "cement[ed] its 11 false image as a truthful and non-deceptive firm by [using the actor] Sam Waterston, who has 12 become immediately identified as the highly ethical government prosecutor role in the 'Law & 13 Order' television series'") (citation omitted). Doing so would substantially extend the holding in 14 Chacanaca (i.e., fueling kids in sports) to a broad prohibition of using "happy, healthy" actors in 15 any advertisement for a product that someone considers to be "unhealthy." 16 While it should not affect the outcome of this motion (because it is not alleged in their 17 complaint), Ferrero is compelled to address plaintiffs' contention that Ferrero "invented a 18 problem" of "'families rush[ing] around in the morning'" while not taking the time to eat 19 breakfast. Opp. at 1 (citation omitted). As most parents are well-aware, the "battle over 20 breakfast" is not a Ferrero invention, and, as nutritionists agree, skipping breakfast is a pervasive 21 problem, especially for children. Ferrero's advertisements recreate the morning reality for 22 millions of households. There is nothing imaginary, or deceptive, about this scene. 23 C. The Nutella® Website 24 Plaintiffs acknowledge that they have not "personally visited the Nutella website" but 25 claim they were "nevertheless exposed to the representations there, because they underlie 26 27 28 (...continued from previous page) facts" as Nutella® but the Court dismissed the "balanced diet" claims against KFC and should do so here as well. FERRERO U.S.A., INC.'S REPLY ISO MOTION TO DISMISS -8- 11 CV 0205 H 1 Ferrero's 'balanced breakfast' message." Id. at 19. The argument is sophistry. A consumer is 2 not "exposed to" a representation that s/he did not see or hear. If the statements that plaintiffs 3 did see (i.e., the label and the television advertising) are not deceptive, then plaintiffs have no 4 claim. The law is clear that plaintiffs do not have standing to pursue claims based on statements 5 or concepts that are unique to the website. See Mem. at 16-17 (citing cases). 6 The cases cited by plaintiffs on this point are inapposite. Those courts held that there is 7 no requirement for plaintiffs to allege that they were exposed to every repetition of the same 8 statement. See Rikos v. Proctor & Gamble Co., No. 11-cv-226, 2011 WL 1707209, at *1 (S.D. 9 Ohio May 4, 2011) (challenging "digestive benefits" claims on label, which were "emphasize[d] 10 and repeat[ed]" in advertising campaigns); Fitzpatrick v. General Mills, Inc., 263 F.R.D. 687 11 (S.D. Fla. 2010) (challenging statements that each touted the same benefits); Morey v. Nextfoods, 12 Inc., No. 10-cv-761, 2010 WL 2473314 (S.D. Cal. June 7, 2010) (statements at issue all made the 13 same claim). Here, in contrast, there are numerous statements challenged by plaintiffs that are 14 exclusive to the Nutella® website. Compl. ¶¶ 80, 82-89. Since plaintiffs admittedly were never 15 exposed to these statements, they are not actionable here. 16 D. Because Plaintiffs Have Failed to Allege Consumer Deception, Plaintiffs Have Not Stated A Claim under the CLRA or the Unlawful/Unfair Prongs of the UCL 17 18 In their Opposition, plaintiffs make clear that their CLRA claims, as well as their claims 19 under the unlawful and unfair prongs of the UCL, are based on the same consumer deception 20 theories discussed above, i.e., that Ferrero's statements are likely to deceive the public. See Opp. 21 at 20-22. Because Nutella®'s labeling is not misleading – let alone false – these claims fail for 22 the same reasons as their claims under the deceptive prong. 23 Plaintiffs also claim, in two conclusory sentences, that "Ferrero's conduct violated the 24 FDCA, which prohibits labeling that is 'false or misleading in any particular' and the Sherman 25 Law, which incorporates all of the requirements of the FDCA and its implementing regulations." 26 Id. at 21. For all the reasons set forth above and in Ferrero's Opening Brief, there is nothing 27 "false or misleading" about the Nutella® label. 28 FERRERO U.S.A., INC.'S REPLY ISO MOTION TO DISMISS -9- 11 CV 0205 H 1 III. PLAINTIFFS HAVE FAILED TO STATE A WARRANTY CLAIM 2 Plaintiffs argue that Ferrero "intentionally conveyed the specific and unequivocal 3 messages that Nutella itself is part of a 'balanced breakfast,' that Nutella is a healthful food to 4 serve children at breakfast, and that Nutella is nutritionally comparable to peanut butter." Id. at 5 23. But Ferrero never expressly represents that "Nutella is a healthful food" or is "balanced" 6 when eaten by "itself." Because plaintiffs' warranty theory depends on an implication rather 7 than an express statement, it fails to state a claim. See Mem. at 24 (citing cases). 8 9 Plaintiffs also assert that they have sufficiently stated a claim for breach of implied warranty of merchantability but ignore well-settled law that, in this context, the test is whether 10 food is fit for human consumption. See 18 Williston on Contracts § 52:76 (4th ed. 2009) 11 (equating "merchantable" quality with "fitness for human use or consumption"); Sugawara v. 12 Pepsico, Inc., No. 2:08-cv-01335, 2009 WL 1439115, at *5 (E.D. Cal. May 21, 2009) (implied 13 warranty of merchantability claim fails when plaintiffs received what was described on product 14 box). Indeed, plaintiffs stress that they are not trying to "'prohibit the sale of' Nutella" (Opp. at 15 22) – which would not be the case if they believed Nutella® to be unfit for human consumption.4 16 Accordingly, plaintiffs' claims for breach of express and implied warranty fail as a matter 17 of law and should be dismissed. 18 CONCLUSION 19 Ferrero respectfully requests that the Master Consolidated Complaint be dismissed 20 pursuant to Federal Rule of Civil Procedure Rule 12(b)(6). 21 22 Dated: June 13, 2011 WILSON SONSINI GOODRICH & ROSATI Professional Corporation 23 24 By: /s/ Dale R. Bish Dale R. Bish Attorneys for Defendant Ferrero U.S.A., Inc. 25 26 4 27 28 Although plaintiffs contend that the court in Aaronson v. Vital Pharms., Inc. "recently upheld a similar breach of implied warranty claim" (Opp. at 24), that action concerned a dietary supplement that allegedly was "not safe . . . for use by consumers" and "not fit for human use and/or consumption." Aaronson Compl. ¶ 68. No such allegation was made here. FERRERO U.S.A., INC.'S REPLY ISO MOTION TO DISMISS -10- 11 CV 0205 H 1 2 CERTIFICATE OF SERVICE I am employed in the County of Santa Clara, State of California. I am over the age of 3 eighteen years and not a party to the within action; my business address is 650 Page Mill Road, 4 Palo Alto, California 94104-1050. 5 On June 13, 2011, I served the following document on the interested parties in this 6 action: REPLY MEMORANDUM IN SUPPORT OF DEFENDANT FERRERO U.S.A., 7 INC.'S MOTION TO DISMISS CONSOLIDATED COMPLAINT 8 9 I caused the above documents to be served via the Court's Electronic Filing System on the following registered party shown on the court's service list by posting such documents 10 electronically to the ECF website of the United States District Court for the Southern District of 11 California: 12 13 14 15 16 17 18 19 20 Ronald A. Marron, Esq. email@example.com Law Offices of Ronald A. Marron, APLC 3634 4th Avenue, Suite 202 San Diego, CA 92103 Gregory S. Weston Jack Fitzgerald firstname.lastname@example.com firstname.lastname@example.com The Weston Firm 888 Turquoise Street San Diego, CA 92109 I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. 21 22 Dated: June 13, 2011 WILSON SONSINI GOODRICH & ROSATI Professional Corporation 23 24 By: /s/ Dale R. Bish Dale R. Bish Attorneys for Defendant Ferrero U.S.A., Inc. 25 26 27 28 FERRERO U.S.A., INC.'S REPLY ISO MOTION TO DISMISS -11- 11 CV 0205 H


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2012 Education Career Fair
- What:
- The University Career Center at the University of Kansas will host its 13th annual Education Career Fair on November 7, 2012. The event is open to students and professionals interested in learning more about career opportunities in PK-12 education. Attendance is free, and there is no pre-registration required for attendees. Candidates in all areas of PK-12 education, including elementary and secondary education, speech-language pathology, special education, school social work, counseling, administration and school psychology, are welcome and encouraged to attend to explore job opportunities and to network with school administrators from more than 60 school districts from Kansas and Missouri and from across the country. Contact: 785-864-3624, email@example.com http://www.kucareerhawk.com/s/762/wide.aspx?sid=762&gid=1&pgid=252&cid=3822&ecid=3822&crid=0&calpgid=61&calcid=1633 Department: University Career Center Ticket Cost: Free Wednesday November 07, 2012 12:30pm - 3:30pm Kansas Union, 5th Floor
- Where:
University of Kansas
Lawrence KS
- Cost:
- Free
- Categories:
- Conferences & Tradeshows Education University & Alumni
- When:
- Wednesday, November 7 @ 12:30 pm
- Links:
Having trouble? Let us know!


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Self-Reported Fluency in Non-English Languages Among Physicians Practicing in California
June 1, 2010 | Journal Article
International medical graduates contribute to the diversity of languages spoken by California physicians.
You are now viewing 41 - 50 of 798 results
June 1, 2010 | Journal Article
International medical graduates contribute to the diversity of languages spoken by California physicians.
May 1, 2010 | Journal Article
Community-based disparities education allows future physicians to more fully understand and appreciate how social and contextual factors impact health.
October 21, 2009 | Program Results Report
The National Center for Cultural Competence at Georgetown University analyzed efforts by 14 states to integrate cultural and/or linguistic competence into curricula, continuing education and licensure requirements for health and mental health care professionals.
November 1, 2009 | Journal Article
The authors recommend that educational programs be evaluated for the effect on the oral health of the children they serve and that closer medical-dental collaborations be fostered at all levels of the educational continuum.
November 1, 2009 | Journal Article
With few general dentists treating children under age four, pediatricians have an important role in performing dental screenings of young children and educating their families about preventive oral health. The authors suggest that dentists and pediatricians work together to improve the quality of preventive and oral health care available to their patients.
February 1, 2002 | Program Results Report
In 1999, the University of Rochester School of Medicine and Dentistry sponsored a conference on child health issues, focusing mainly on research as a tool for influencing public policy and clinical practice.
February 1, 2002 | Program Results Report
In 1999, the Association of American Medical Colleges, Washington (AAMC) established the annual Nickens Lecture Award.
February 1, 2009 | Journal Article
Launched in 2001, the Pipeline, Profession & Practice: Community-Based Dental Education (Dental Pipeline) program was a five-year program designed to help increase access to dental care for underserved populations. This special supplement to the Journal of Dental Education describes the evaluation in detail.
March 31, 2001 | Program Results Report
The American Association of Dental Schools, now the American Dental Education Association worked with the nation's dental schools and leaders in the profession to strengthen the status of dentistry as a science-based profession.
January 1, 2000 | Book
This program provides a summer enrichment experience for minority college students who possess the academic qualifications that would gain entrance to medical school.


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Field Notes
News Articles
Policy: Climate Control
Oceans: Sea Feud
Update: Horse Ills
Psychology: Natural High
Birds: High Flyers
Habitat: Dry Spell
Sheep wrestling; pigeon art critics; eco-hookers; Tim the Tool Octopus; more.
Natural High
A little exposure to nature can make us nicer.
By Alisa Opar
The city's mean streets might be a whole lot nicer if they were lined with trees. In a new study, researchers compared the effect of natural and unnatural environments, and discovered that nature can actually make people more caring.
In three separate studies, University of Rochester psychologists exposed subjects to images of either natural landscapes, such as desert canyons, or artificial settings, like freeways, and encouraged them to notice colors and textures, and to imagine sounds and smells. Before-and-after questionnaires revealed that the more attention participants paid to natural elements, the more socially connected they felt. Conversely, the more they zeroed in on manmade elements, the more selfish their goals became. "We were surprised at how strong the correlation was," says Richard Ryan, one of the psychologists. "People immersed in natural settings valued community and close relationships more. People exposed to human artifacts valued money and fame more."
In a fourth study participants filled out surveys in a lab room with or without plants, then were asked whether they would be willing to share money with others. In keeping with the other results, immersion in the plant-filled room enhanced generosity, while sitting in a plant-free room inhibited it.
The key, as the old saying goes, is to stop and smell the roses. For technophiles, that means leaving the iPod at home from time to time. "If you're in your head not paying attention to natural elements around you, it's not going to have much of an effect," Ryan says.
The findings add to a growing body of evidence of nature's positive effects. A recent Dutch study, for instance, found that people who live within 0.6 miles of a park or wooded area experience less anxiety and depression. "It can be hard to make an argument for parks or green space," says Ryan. "These studies show nature's value."
Back to Top
Recipe for Kindness
A recent study provides evidence for what many of us might have assumed: A dose of nature can make us more caring.


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Born: August 9, 1990
Dan's passion for music began early in his life, and was further solidified when he began studying classical piano at age 7. At age 10 he began to show an interest in the drums as well, with guidance from his peers and teachers, soon developed a passion for jazz. He currently lives in Montréal, QC, where he attends the Schulich School of Music at McGill University, pursuing a double major in jazz drums and classical piano. He currently studies with the well-acclaimed Dave Laing, as well as the renowned Tom Plaunt for classical piano studies.
Dan also completed the level 4 certificate program at the New England Conservatory Preparatory Jazz school, where he graduated with high honors. Both the Litchfield Jazz Camp in CT and the Eastman Summer Jazz Studies program helped develop his passion and skill as a musician. He was recognized nationally by the Gibson / Baldwin GRAMMY Band as a finalist in 2008. He was named an outstanding soloist at many festivals around New England, including the IAJE state finals and the UNH Jazz Festival....
read more
Primary InstrumentDrums
Willing to teachIntermediate to advanced students


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Remember Crossbar, the firm developing resistive random access memory (RRAM) with higher performance and endurance than NAND? The company announced a breakthrough at...
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Deal of the week: a 27'' IPS monitor for $180 and a 1TB MLC SSD for $370
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Oculus continues to acquire talent and technology. Yesterday, the firm announced three major additions to its team. The first is Nimble VR, which has been...
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Welcome to A&E Supplies.
We invite you to browse through our equipment supply store and shop with confidence for anything from upside down marking paint to SubSurface metal detectors and anything in between. Feel free to create an account with us if you like, or shop as a guest. Either way, your shopping cart will be active until you leave the store.
We plan on bringing you all the same products you are using on a daily basis for a better price.
If you do not see what you are after, contact us by email or phone with manufacture and or part numbers and we will do our best to find that product for you.
Please check back often as we will be adding more product to our store.
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Want to buy this product?
Currently you can buy Paula's Choice products directly from this site and a few top-rated products from other brands are available via links to affiliate websites. We review and recommend products from other brands because we are dedicated to helping you find the best products for your skin, whether they're from Paula's Choice or other lines.
Paula's Choice products are formulated using the same exacting standards we use to review products from other brands.
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Optional: You can enter notes about this product below. If you do not wish to add notes, click the 'Add' button.
Naturally Ageless Intensive Repairing Serum consists of a blend of oils, most of which are helpful for dry to very dry skin; but dry skin and wrinkles are not associated, so the ageless claim is unwarranted. It is also mislabeled as a serum, when it is really more an oil mix, and the oils in this product are easily replaced by those available in any health food store, Then you won't have to risk irritation from the bitter orange and rose oils this product contains.
Target fine lines and wrinkles around your eyes, mouth and forehead with this concentrated serum. It contains antioxidant-rich pomegranate to fight skin-damaging free radicals, as well as borage and evening primrose oils, which help diminish the appearance of fine lines and wrinkles by strengthening skin's moisture barrier.
Rosa Canina (Rose Hip) Seed Oil, Simmondsia Chinensis (Jojoba) Seed Oil, Borago Officinalis (Borage) Seed Oil, Corylus Avellana (Hazel) Seed Oil, Oenothera Biennis (Evening Primrose) Oil, Tritium Vulgare (Wheat) Germ Oil, Calendula Officinalis (Calendula) Flower Extract, Camellia Sinensis (Green Tea) Leaf Extract, Helianthus Annuus (Sunflower) Seed Oil, Citrus Aurantium Amara (Bitter Orange) Oil, Rosa Damascena (Bulgarian Rose) Flower Oil, Punica Granatum (Pomegranate) Oil, Tocopherol, Glycine Soja (Soybean) Oil, Vegetable Oil, Beta Carotene
Almost all the skin-care lines in the world prefer to identify themselves as originating from companies established to create elegant, scientific formulations conceived with an in-depth understanding of the skin's functions and needs. We say almost, because Burt's Bees makes no such claim. Quite the contrary; this line is about as unglamorous and as unscientific as it gets (the picture of Burt on the label made me think we were buying fishing gear, and press materials for the brand mention he used to live in a turkey coop). Talk about being an iconoclast!
This is how the company's founder Roxanne Quimby describes its history on its Web site: "I guess you could say it all started because there weren't many jobs up there north of Bangor. Though we found, grew, or traded for most of what we needed, I figure a person's got to have at least 3000 dollars a year in actual greenbacks to survive in this old world, especially if you've got kids. I'd been let go from my last three part-time waitressing jobs and had been buying low and selling high at yard sales and flea markets, which brought in about $150 a week during good weather. How we got started making lip balm and ended up in North Carolina is another story, and a long one at that, so I'll save it for some other time." This is a skin-care line?
Aside from its humble, amorphous beginning, Burt's Bees is about natural, earth-friendly skin-care products, as well as overly fragranced products. Its philosophy in this respect is sincere: "To us, the word 'natural' means only one thing. It means, 'harvested from nature.' And we adhere to that definition like the strictest of school teachers."
For those seeking a line of skin-care products with truly natural ingredients, this is one of the few that steadfastly adheres to its commitment: there is no hypocrisy here. If the ingredient lists are accurate, and there is no reason to assume otherwise, then you will not find preservatives or synthetically derived ingredients of any kind. Just from the all-natural point of view, there will definitely be people who will be excited about these products, but I'm not one of them. Many of the plant extracts and oils used in these products, including orange oil, cinnamon oil, clove oil, lemon oil, eucalyptus oil, pine tar, alcohol, lime oil, and balsam peru, are problematic for skin and present a significant risk of irritation or a sensitizing reaction. Both the intriguing philosophy and inexpensive products are attractive, but it takes more than that to establish reliable products that are good for skin.
We know that most people are attracted by fragrance, and in this regard these products excel. They are also notable for the lack of preservatives, which can be beneficial for those who can't tolerate preservatives. (That lack may be an issue for product stability, although we did not have these products tested for contamination.) But for any other skin-care need, we suggest you use your wisdom and recognize that while Mother Nature is assuredly wise about the Earth, She does not have everything the skin needs. In fact, Mother Nature offers up many problematic things for skin, including the sun and poison ivy.
For more information about Burt's Bees, call 1-800-849-7112 or visit www.burtsbees.com.
I tanned 3-4 times a week for last 3 yrs; have been using retinol, 10% BP gel, an alcohol-based toner, 2% BHA gel, & myriad BHA washes. Ran out of this oil 6 months ago; & stopped tanning & started using SPF 50+ 1.5 mths ago, & fine lines appeared after the tanning stopped. Get it? This oil is amazing and was doing ALL the work, 2 drops, 2x a day. Dry skin absolutely = more wrinkles. Oiled skin always bounces back better than drier skin. Also totally healed, soothed skin and scars. #Rocks!
Paula Begoun is the best-selling author of 20 books on skin care and makeup. She is known worldwide as the Cosmetics Cop and creator of Paula's Choice. Paula's expertise has led to hundreds of appearances on national and international television including:
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The Paula's Choice Research Team is dedicated to helping you find the absolute best products for your skin, using research-based criteria to review beauty products from an honest, balanced perspective. Each member of the team was personally trained by Paula herself.
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*Promotion expires 9pm PT, December 30, 2014. No cash value. Cannot be combined with other offers or applied to previous purchases.
**Promotion expires 9pm PT, December 30, 2014. No cash value. Applies to US and Canada only.
***Promotion expires 9pm PT, December 30, 2014. No cash value. Cannot be combined with other offers or applied to previous purchases. Limit one free per order while supplies last.
***Promotion expires 9pm PT, December 30, 2014. Choose any 3 from 28 available FREE samples on orders of $5 or more.
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<ac:macro ac:name="unmigrated-inline-wiki-markup"><ac:plain-text-body><![CDATA[
Zend_Pdf_Form is a simple component that builds interactive forms into PDF documents.
Zend Framework: Zend_Pdf_Form Component Proposal
Proposed Component Name
Developer Notes
Guillaume ORIOL
Zend Liaison
1.0 - March, the 11th 2011: Initial Draft. (wiki revision: 2)
Table of Contents
1. Overview
2. References
Zend_Pdf_Form is a simple component that builds interactive forms into PDF documents.
3. Component Requirements, Constraints, and Acceptance Criteria
Most requirements take the form of "foo will do ...." or "foo will not support ...", although different words and sentence structure might be used. Adding functionality to your proposal is requirements creep (bad), unless listed below. Discuss major changes with your team first, and then open a "feature improvement" issue against this component.
- This component will allow embedding an interactive form into a PDF document.
- This component will support the three form actions (submit-form, reset-form, import-data).
- This component will implement the missing Zend_Pdf_Action_JavaScript.
4. Dependencies on Other Framework Components
- Zend_Pdf
5. Theory of Operation
The component is instantiated with a mind-link that ...
6. Milestones / Tasks
7. Class Index
- Zend_Pdf
- Zend_Pdf_Form
- Zend_Pdf_Form_Field (abstract)
- Zend_Pdf_Form_Field_Button (abstract)
- Zend_Pdf_Form_Field_Button_Push
- Zend_Pdf_Form_Field_Button_Checkbox
- Zend_Pdf_Form_Field_Button_Radio
- Zend_Pdf_Form_Field_Text
- Zend_Pdf_Form_Field_Choice
- Zend_Pdf_Form_Field_Signature
8. Use Cases
... (see good use cases book)


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Just a few things to share…….
American Idol: I think its lame Jermaine Jones got kicked off. Did he lie? Yes. Does he have a criminal record? Yes. Should American Idol have done a better job of researching him? Yes. Lots of kids would have loved his spot and they chose... read on


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Not only do they seem rock stars after landing the Rover on Mars, they are able to actually be rock stars by creating a rap video about their work. Featured: Mohawk Guy.
This is not your grandfather's NASA
My blog is worth $192,508.14.
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Fran realizes Peter hasn't thought about how his life will change when she moves out. She encourages him to find a replacement for her, but finds he may have taken her advice a bit too literally when she meets his new roommate.
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Current Articles
From USSA
-- Several Midwestern towns are implementing bowhunting as a safe and effective way to control skyrocketing deer herds.
On Oct. 3, the Granville, Ohio Village Council unanimously approved an ordinance to allow bowhunting in the community. As of Nov. 2, hunting will be permitted on private property with written permission. The chief of police, with approval of the village manager and following a review of the village council, will establish rules and regulations for the hunt.
Anti's resisted the new ordinance, instead suggesting deer birth control, which has been proven to be ineffective.
In the Des Moines, Iowa suburb of Urbandale, bowhunting will now be permitted in four city parks to safely control deer numbers. The Polk County Deer Task Force recommends there be 30 deer per square mile, and surveys show the new hunting areas have several times that many animals. Private property has also been included in the hunting area this year.
Sportsmen may take antlerless deer from a tree stand. Hunting is not permitted within 100 feet of a road, trail or right of way, or within 200 feet of a home or building. The bowhunt will run through Jan. 27.
In Portage, Ind., the John Merle Coulter Nature Preserve has opened its woods to bowhunting. On Oct. 2, the Shirley Heinze Land Trust received Portage City Council permission to allow bowhunting on the property to control a booming deer herd that is causing extensive property damage and threatening endangered plants.
Hunters must have a valid hunting license and are to have completed a hunter education course. The hunt will coincide with the state's bowhunting season, from now until Dec. 2 and from Dec. 8 through Jan. 6.
The Bowhunter Rights Coalition will continue to monitor the progress of these new deer control measures and with the help of sportsmen, will draw attention of their success to other communities that could integrate bowhunting into deer population control.
For more information about how you can protect your rights as a sportsman, contact The U.S. Sportsmen's Alliance, 801 Kingsmill Parkway, Columbus, OH 43229. Phone (614) 888-4868. E-Mail us at email@example.com. www.ussportsmen.org
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Check out our comprehensive directory of Martelange hotels with quality, independent reviews. Search for a Martelange hotel by name, star rating, or user rating. Travel Library always lists the real direct contact details for every hotel in Martelange including email, Web site address, telephone and location address.
Travel Library allows you to easily contact hotels in Martelange directly and compare their prices with online offers.


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Publication detail
|P-IEC 61158-6-19 ed2.0 withdrawn corrigendum
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|Industrial communication networks - Fieldbus specifications - Part 6-19: Application layer protocol specification - Type 19 elements
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|IEC 61158-6-19:2010(E) specifies the protocol of the Type 19 fieldbus application layer, in conformance with the OSI Basic Reference Model (ISO/IEC 7498-1) and the OSI application layer structure (ISO/IEC 9545). It defines the protocol provided to define the wire-representation of the service primitives defined in IEC 61158-5-19:2010, and the externally visible behavior associated with their transfer. This second edition cancels and replaces the first edition published in 2007 and constitutes a technical revision. The main changes with respect to the previous edition are:
- increasing the number of supported devices (511 instead of 254);
- introducing a communication version identification;
- adding a mechanism for remote address allocation;
- introducing enhanced parameter addressing (32 bit instead of 16 bit);
- restructuring control and status word;
- improving the redundancy and hotplug features;
- improving the error handling; adding a multiplexing protocol (SMP: Type 19 Messaging Protocol).
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|65C - Industrial networks
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>> Published in the last 30 days


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Browse All Accessories
Browse Accessories For Your Phone
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- My N4 won't open apps after 5.0.1 update about 44 sec ago by Niloofar6 1
- Why is my Note 4 so slow? about 50 sec ago by Malcom Holmes1 17
- No way to get a real cheap data plan on a Family Plan line? about 1 min ago by JnEricsonx 1
- Is my tablet screen damaged? about 2 min ago by melmc1403 6
- Note 4 - Password Strength Not Sufficient Error on fingerprint lock - Google Device Policy? about 3 min ago by William Gibbs 4


text:
It was important that the new additions to the Pombal castle property had their own identity without detracting from the existing structure. It was also crucial to make it really easy for locals to get to the top of the hill so that they can better experience the incredible stone structure at the peak. So Comoco created switchback pathways that climb to the top of the hill, along with rest areas along the way that promote reflection and peacefulness.
One rest area is a rectangular timber pavilion with even spaced slats. Distinctly geometric but left with a natural finish, this lovely gazebo creates a distinct connection to the leafy green area that surrounds it. On top of the hill is a cafeteria that encourages visitors – both locals and tourists – to stay a while and enjoy the incredible view. A minimalist steel building clad and capped with weathered corten steel, the cafeteria boasts grand windows and serious daylighting. It appears that Comoco has become the go-to architects for castle rejuvenation, and we can see why.
images via Fernando Guerra
Via Dezeen
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19-Year-Old Develops Ocean Cleanup Array That Could Remove 7,250,000 Tons Of Plastic From the World's Oceans
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Jill FehrenbacherDid you know that there are wolves living near you in almost every state in the country? Sadly most of these wolves are not living in the wild, but in wolf sanctuaries, which are conservation organizations set up to protect them and help grow their populationREAD MORE >
Yuka YonedaNamba Parks was conceived when Osaka Stadium closed down, presenting a great redevelopment opportunity for a new commercial district right next to the Namba Train Station, which is just one stop away from Kansai Airport. Since it's one of the first placesREAD MORE >
Beth BuczynskiTop image: A child is put to work at a militia-run mine in Watsa. © Marcus Bleasdale/National Geographic Captured during a 2004 visit to the war-torn Democratic Republic of Congo, Bleasdale's images "tell the story of the country's mineral resourceREAD MORE >
Jill FehrenbacherYou've all heard the tired mantras about changing your lightbulbs and recycling at home in order to save the planet - are you yawning yet? Many consumers think that going green is a gesture of self-sacrifice that often comes at great expense and inconvenienceREAD MORE >
Yuka YonedaBANANAS You might have heard that bananas are favored by athletes because they contain potassium and it's that same reason that makes them great hangover cures. When you're hungover, your body has lost a lot of potassium that needs to be replenished, so eatingREAD MORE >
Yuka YonedaImages © Graham King "The shopping cart tree symbolizes both generosity and abundance, as well as acknowledging those less fortunate where their whole world may be housed in a cart. We see shopping carts every day and take them for granted. IndividuallyREAD MORE >
Jill FehrenbacherTIP 1: Wrap Your Home in Insulation - "The More, The Better!" Proper insulation is probably the most important factor you can control in creating an energy-efficient home. I always say insulation is like chocolate, the more you have, the better! On average,READ MORE >
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Tamsin Woolley-Barker, PhD.The Biomimicry Manual: What can We Learn About Resilience, Weight Loss, and Kidney Disease from the Grizzly Bear?I'm off to the wilds of Montana this week, doing some in-person, up-close biomimicry research, and I've got my fingers crossed I'll see a grizzly bear. But you know, over there, not over here. With five inch long claws, massive muscular shoulders and forearms,READ MORE >
Bridgette MeinholdINHABITAT: How does the term Colorfast describe your latest show? R Nelson Parrish: The term Colorfast originally is a textile industry term derived at the beginning of the last century. It defines how a color cannot fade, wash out, or be diluted over time,READ MORE >


text:
NWA Homebuilding Continues to Decline in First Quarter
Posted 5/20/2009 10:50 am
Updated 2 years ago
The slowdown in new home activity in northwest Arkansas continued through the first quarter of 2009, impacting the number of building permits issued, housing starts, the number of homes under construction and the number of new homes that became occupied.
Data from the first-quarter residential Skyline Report, commissioned by Arvest Bank Group Inc. and compiled by the Center for Business & Economic Research in the Walton College of Business at the University of Arkansas, shows that 185 building permits were issued in the first quarter, a 48 percent decline from the same quarter a year ago, when there were 356 permits issued.
Building permits declined by 88 percent from the peak levels of 2006, when 1,562 permits were issued in the first quarter.
There were 67 housing starts in the first quarter of 2009, compared with 138 in the first quarter of last year, a 51 percent decline.
The number of new homes under construction fell to 355, a 45 percent decline from the 651 in the first quarter of 2008, and an 83 percent decline from the first quarter of 2006 when 2,079 homes were under construction.
The number of new homes being occupied fell to 277, a 66 percent drop from the 809 homes that became occupied in the first quarter of 2008.
Kathy Deck, director of CBER, said home construction has declined dramatically since 2006.
"I'm sure that's not news to anyone in the construction or related fields," she said. "But to have only 185 building permits issued in an entire quarter and only 355 homes under construction in the entire area would have been unthinkable a few years ago."
Deck said her main concern is on the demand side.
"With prices falling back to 2004 levels, we really need sales to pick up within the next quarter or two to believe that home prices will not continue to adjust downward," she said. "And while I have no way of knowing if that will happen, I do know that it is a good time to buy a house for someone with the resources, credit and employment stability."
In the first quarter of 2009, the average sales price of existing houses fell from first quarter 2008 levels by 19.5 percent in Benton County and 12.8 percent in Washington County.
The average price per square foot of homes sold in Benton County in the first quarter of 2009 is approximately $76. In Washington County, the average price per square foot is $86.


text:
Deck out your device with 15% off smartphone cases & laptop skins. Use code DEVICE15.
We love our tees and hoodies so much we could talk about them all day, but that'd be a bit weird. So we'll just say that we're immensely proud of the quality of all our garments and the super futuristic technology that creates our unique t-shirts and hoodie prints. Our t-shirts are long lasting, individual and extremely useful for abiding by public decency laws.
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Slim fit, order a size up if you'd like it less fitting. If you like your hoodies baggy, go two sizes up.
Vector illustration of Toothless from How to Train your Dragon.
how, train, your, dragon, toothless, night, fury
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Industry Applications using Lisp
"Live Lisp and prosper."
The following industrial Lisp users are grouped by industry. Each listed company is believed to use Lisp either for internal use in an industrial application or as the basis for an industrial product. Some Lisp vendors provide lists of successful customers as testimonials:research organizations are not generally listed here, nor are freely available tools, libraries and source code or individual Lisp consultants.
To create an exhaustive list would be a huge task. This listing represents only those we have stumbled across. To add, update or remove a listing, edit this page.
[ An impressive list, but it would be much more interesting if (where possible) additional links to technical information were included. paul graham's site would be a good place to start, but I imagine alain picard and others can also be leaned on to write more stuff. -- Daniel Barlow]
- Atraxis AG (other site)
- Knowledge-based systems for airline management(?).
Additional info:
- SAREX: A Lisp Application in Airline Fleet and Maintenance Management by Kun Sun (Proceedings of the Lisp User Group Meeting 1999)
- ITA Software
- Cheap airfare search engine Additional info:
- Mercury Scheduling Systems Inc.
- Airline Operations Software.
AI, Expert Systems and Knowledge Based Tools
- Brightware Corporation
- Knowledge-based systems.
- Charles River Analytics
- Intelligent systems.
- Cycorp
- General knowledge base and commonsense reasoning engines. Additional info:
- Cyntergy, LLC
- Process knowledge modeling, automated planning, real-time Web site creation, intelligent communication. Additional info:
- Genworks International
- Knowledge-based engineering and business development tools and applications.
Additional info:
- Basic Lisp Techniques
- GWL - A Generative Language for Building Web Applications by David J. Cooper Jr, (Proceedings of the Lisp User Group Meeting 1999)
- Understanding Multi-state Generative Process Planning by David J. Cooper Jr, (Proceedings of the 40th Anniversary of Lisp--Lisp in the Mainstream Conference, 1998)
- Liberating Insight PLC
- Knowledge-based software solutions specializing in Enterprise Resource Management (ERM), Customer Relations Management (CRM) and Knowledge-Based Engineering (KBE).
- Mark Watson
- Natural language processing tools. Additional info:
another Commercial Lisp product - I dumped Java (
comp.lang.lisp article)
Computers and Computer Tools
- Beta Nine BVBA
- Advanced software development and consultancy. Additional info:
- GrammaTech, Inc.
- Software development tools (the user interface of Codesurfer was developed with STk).
- HyperMeta
- Lisp tools, consulting, Web design and hosting.
Computer Aided Design
- Design Power
- Software that makes automation of proposals and design documentation of custom products for the manufacturing, construction, plant design, and engineering industries.
- Fractal Concept
- Automated non destructive testing driving software, Internet applications. Additional info:
- An Allegro Lisp based design automation system used by aerospace, automotive and others. ICAD's developers, Knowledge Technology International, was purchased by Desault Systems, the makers of CATIA and SolidWorks.
- Covasoft, Inc.
- E-business process execution management solutions.
- Management consulting and IT solutions for e-commerce.
- Open Technologies Group
- Enterprise integration applications.
Education and Training
- AgentSheets
- Simulation authoring tools for education and training. Additional info:
Summary of Denver Area Lisp Users Group meeting #3 (
comp.lang.lisp article)
Re: type safety in LISP (
comp.lang.lisp article)
- Radar Systems Software
- Real-time applications.
- Simantix Systems
- System-level testbench generation and simulation environments for functional verification.
Additional info:
- SoChipTest
- Chip design and analysis tools.
- American Express
- The company's Authorizer Assistant for credit card payments is a Lisp-based application.
Additional info:
- Wisdom Technologies
- Financial optimization systems.
- Xigo
- Intelligent agents for trading applications.
- Netfonds ASA
- Norwegian online stock-trading service.
- Point and Click Solutions, Inc.
- Custom software applications for corporate and government needs.
Groupware/Project Management
- Memetrics
- Presentation optimization systems.
- daybyday
- daybyday Media GmbH is Europe's leading supplier for web-based PIMs. They use Lisp internally for benchmarking and prototyping, amongst other things.
Insurance Industry
- Meyerthole Radtke u. Siems
- Uses Lisp internally for actuarial data mining.
- Everest.com
- Framework for building infomediary Web sites.
- HotDispatch
- Buyer-driven marketplace for expertise and problem resolution.
- Yahoo! Store
- E-commerce. Additional info:
- BSH Bosch und Siemens Hausgeräte GmbH, one of the leading manufacturers of home appliances
- Integrated simulation systems for factory planning, logistics, SCM, and production planning.
- IC3D - Interactive Custom Clothes Company
- Mass customization for the apparel industry. Additional info:
Market Research
- 42 management consulting
- Uses Lisp internally for data mining (Win32 app) and visualization (Linux web app).
- MDL Information Systems, Inc (formerly Afferent Systems)
- Applications for the pharmaceutical drug discovery (see success story).
- Clinisys
- Clinical trials systems for the pharmaceutical industry.
- GB Software
- Psychiatric Content Analysis and Diagnosis (PCAD). Content analysis of transcribed verbal materials.
- MRAC Publishing
- Music research and composition. Additional info:
- NoteHeads
- Music notation software and services.
- Artificial Intelligence Applications Institute, University of Edinburgh - UK
- Formation: system for the layout of British Telecom's Yellow Pages classified telephone directories.
Additional info:
- Formation: a Small, Fast, Production Application in Lisp by Gail Anderson (Proceedings of the 40th Anniversary of Lisp--Lisp in the Mainstream Conference, 1998)
- Intelligent Handbook
- Integrated publishing, SGML solutions, document management and text repositories, text parsing and search, multilingual applications, advanced user interfaces. Additional info:
- Using Lisp in a Distributed Document Management and Preparation Project" by Greger Lindell (Proceedings of the European Lisp User Group Meeting 1999)
- S&K Automation and Robotics Division
- Intelligent automation and robotics.
- GTE Laboratories Inc.
- Diagnostic expert system for telecommunications circuits.
- Juniper Networks
- Switching routers for carriers and Internet providers.
Additional info:
- Joel Ray Holveck, a Juniper employee, briefly tells about his work
- Portus Group
- Interactive Voice Response systems (voicemail, call routing, tele-banking, customer support, web interfaces, etc.).
- Telenor ASA
- Norway's largest telecom and internet provider.
Additional info:
- The K2 System: Lisp at the Core of the ISP Business by Espen. J. Vestre (Proceedings of the European Lisp User Group Meeting 1999)
- Interhack Corporation
- Services for secure and private information infrastructure. Additional info:
Re: is Lisp used in text parsing and processing tasks? (
comp.lang.lisp article)
Re: Thanks to all so far (was Re: Size of Lisp market) (
comp.lang.lisp article)
Re: Rudeness index was Looking for Lisp compiler [sic] (
comp.lang.lisp article)
I've not heard about this anywhere else: sure it's not just the poster confusing Orbitz (ITA-driven) with Travelocity?


text:
Once Upon a Time at Comic-Con: Panel Detailsby Matt Richenthal at . Comments
The Once Upon a Time cast is headed to Comic-Con.
Moderated by William Keck of TV Guide Magazine, the ABC smash will hold a panel at the annual San Diego event on Saturday, July 14. It will be held from 11:00-11:45 a.m. in Ballroom 20 and followed by an autograph session 12:15-1:00 p.m. in Room 28C.
Stars and crew members expected to appear include:
- Executive producers Edward Kitsis and Adam Horowitz
- Ginnifer Goodwin
- Jennifer Morrison
- Lana Parrilla
- Josh Dallas
- Emilie de Ravin
- Meghan Ory
** TV Fanatic will be on the Comic-Con scene from July 12-15. Visit the site often for constant updates, news, interviews, videos and a whole lot more.
Matt Richenthal is the Editor in Chief of TV Fanatic. Follow him on Twitter and on Google+.Tags: Once Upon a Time, Comic-Con
...The girl from the 'Wendys' commercials would be a PERFECT Areal!
I like her!! :)
I am from Argentina, so i have to wait untill you show up whit information... but i´m dessperate to know about the character named Graham, more specificlly info about the character returning in season 2 and even a possible relationship with Emma somehow... that will be GREAT GREAT and EVEN MORE THAN GREAT... and don´t forget about Pinnochio, Agust is alive now that magic is back?
About magic, i know Regina and Mr Gold are the first celebrating it came to real world, but i think Jefferson will be 1 that could use it to, specially now that he can get his daughter back (sorry if i wrote bad some things, i´m not perfect in english)
Thanks for all your pages and all the series you cover... i hope good results for the couple Emma-Graham.. they are perfect together...
Bye, i`ll be back soon...
That sucks no Rumpelstiltskin no reason to go to this panel. what about Rumbelle?
I wish I could go.


text:
Who doesn't love homemade brunch?
I've been traveling non-stop in the past few months. From weddings in Hawaii and California to business meetings in New York, I haven't had time to enjoy quality time at home. Particularly, I miss weekend brunch dates with my girlfriends. Often times, we gather at our favorite brunch spots in Seattle, and catch each other up on our latest and greatest.
I'm having a few gals over this weekend for some much needed quality time. In spite of our busy lives, it's always nice to slow down and enjoy their company over brunch and mimosas. Consider hosting "ladies who brunch" for your girlfriends! Here's a recipe from my last gathering, which I totally admit was made on whim (with ingredients I happened to have in my fridge), but turned out delicious! And don't forget this drink, promise?
Crack an egg into each cupcake slot, like so.
Add a little garlic salt, pepper, and thin slices on red onion. Green onions, garlic, cheese, salsa, cilantro, and/or basil have worked great too!
Pop into the oven for 15-20 minutes at 350 degrees or until bubbly and brown.
Let me preface that I normally despise mixing fruit with real food. Pineapples on pizza is disgusting and rarely do people from Hawaii actually enjoy this topping pair. However, I am making an exception to this rule with pomegranate. It's not too sweet, but adds a crunchy and light flavor to your meal. So fun. So healthy. So delicious.
I should call these happy cups.
Pomegranate Egg Cupcakes
Serves 3
+ 6 eggs
+ 1 pomegranate
+ 6 tsp. salsa
+ Garlic Salt
+ Pepper
+ Your choice of stuffing (red onions, cheese, garlic, green onions, cilantro, basil)


text:
Careers & Alumni
- Home
- Academics
- Academic Majors
- Bachelor's Degrees
- Careers & Alumni
Employers appreciate the skills and abilities, knowledge base, and personal traits of students who major in psychology. A bachelor's degree in psychology does not train you to be a professional psychologist but you will be qualified for many other career paths and opportunities.
Career Guide for Psychology Careers with a Bachelor's Degree:
National entry-level salaries range from $22,020 to $45,740.
- Career Counselor
- Child & Family Social Worker
- Health Services Manager
- Market Research Analyst
- Psychiatric Technician
- Recreational Therapist
- Training Specialist
Career Guide for Psychology Careers with a Master's/Doctorate Degree:
National entry-level salaries range from $22,300 to $54,740.
- Art Therapist
- Clinical Psychologist
- Forensic Psychologist
- Guidance Counselor
- Industrial-Organizational Psychologist
- Marriage and Family Therapist
- Mental Health Counselor
- School Psychologist
- Social Worker
- Substance Abuse & Behavioral Disorder Counselor
More Careers
"The Keystone College Promise"
A pledge to first-time, full-time students in good academic, financial, and social standing.
Keystone College asserts that within six months after graduating from Keystone and fulfilling the requirements of the


text:
Direct Delivery 2-4 Weeks
2-4 weeks
This compact wardrobe features a cute Winnie the Pooh engraved motif, matching the beautiful Obaby Disney licensed nursery collection. Perfect for smaller rooms, it still packs in plenty of storage space with 2 deep drawers and 2 hanging rails.
The Disney Winnie the Pooh collection is a robust range of nursery furniture with a warm, natural pine finish featuring the classic favourite, Winnie the Pooh with his little hunny pot and a flurry of friendly bees, engraved into the wood. The collection of matching furniture will create a beautiful coordinated nursery for your precious new arrival.
The top cupboard section houses two hanging rails, which will fit adult hangers as your little one grows, to keep all those lovely outfits neatly organised. Two deep and spacious drawers provide masses of extra space for spare bedding, accessories or toys and games, helping you to keep your baby's beautiful nursery tidy and looking its best.
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This product is available as a pre-order. This means that we do not currently have the item in stock but we are expecting it shortly. You can place an order for this product now your expected shipping date will be 02-10-2014
A place where people come together to discuss our products and services, ask questions and seek advice.
to be a part of it.


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Building a dynamic blacklist with Netfilter's Recent module
Netfilter's Recent module builds a temporary blacklist to keep intruders off your network.
When an Intrusion Detection System (IDS) recognizes an attack, it issues a strict "keep out" order to block the intruder's access to services. Unfortunately, other systems on the network might not benefit from this block. The Recent module by Netfilter dynamically updates the firewall access rules to create a temporary "bad guy" list. You can then configure the firewall rules so that an IP address that breaks a rule is temporarily prevented from any form of access. Recent also comes with special features for fighting port scans, and you can combine the Recent module with an external application such as Snort to create a fast and effective framework for detecting and closing out network attacks.
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TGXf Project Warns of File Transfer through Screen Pixels
Weird data transfer technique avoids all standard security measures.
Industry Giants Announce a Fix for the Password Mess
FIDO alliance declares the beginning of the end for old-style login authentication.
Poll: Vote for the Best Open Source Software for Photographers
The Linux New Media Awards have honored the most significant products, projects, people, and organizations for open source/Linux every year since 2000.
Debian Gets Forked
Legendary Uber-distro splits over the systemd controversy.
Linux Mint Project Releases Mint 17.1
New LTS version offers many refinements for the Cinnamon and Mate desktops and significant improvement under the hood.
CeBIT Open Source Forum Call for Papers
One of CeBIT's most successful forums returns in 2015.
TOR Network Isn't So Anonymous
A new study says it is possible to unmask 81% of TOR users.
.NET Goes Open Source
Redmond joins the revolution by turning the .NET Core Runtime into a GitHub project.
Drupal Advisory Unleashes a Torrent of Attacks
Users only had 7 hours to update before the intrusions started.
HTML5 Gets Promoted to a Standard
It's official: The new web arrives


text: Spectacular fireworks over Youghal Harbour – Animation 0 By YoughalOnline on July 15, 2013 · Featured, News The spectacular fireworks display over Youghal Harbour following the crowning of this year's Queen of the Sea 2013, Sarah Jane Daly. Youghal Queen of the Sea 2013 Sarah Jane Daly, from Youghal, Co Cork – Pic: youghalonline.com Share on Facebook.Share on Twitter.Share on Google+ Related posts: Youghal fisherman discovers an old ship's capstan – Video Charity Lifestock Sale In Aid Of The Youghal Cancer Support Group & Drop In Centre Sailing boat the "Irene" visit to Youghal on Wednesday 3rd July 2013 – Video Spectacular fireworks display lights up the night sky over Youghal town "So is the way" – The latest music video from the band 'Synergy' Share. Twitter Facebook Google+ Pinterest LinkedIn Tumblr Email


text:
They always say that cars are the worst investment, since they almost always depreciate in value. But Ford Motor Co. learned the hard way that this holds true for car companies as well. They bought Volvo for $6.45 billion in 1999, only to sell it 11 years later for $1.8 billion. [More]
Ford Agrees To Sell Volvo For $1.8 Billion To Zhejiang Geely
By March 29, 2010


text:
LibreOffice is an open source office suite that comes with an enhanced Windows installer and a little reliance on Java. This program uses an ODF or OpenDocumentFormat which is composed of programs where one can do spreadsheets, diagrams, and some slideshows, create math formulae and word processing. This program was intentionally designed to fit any office suites most specially the Microsoft Office. LibreOffice is for free and comes with significant features one will find useful and some of which are as follows.
- Compatible to Several Platforms – This program is not only available in 30 different languages around the globe but also to many computing platforms and some of which are the Mac OS X, Linux, and Microsoft Windows.
- Includes Multiple Applications – LibreOffice is packed with a lot of applications which are very useful such as the Writer app which is a word processor just like MS Word, the Calc app which is a spreadsheet program, the Impress app which is similar to Microsoft PowerPoint, the Draw app which is comparable to Microsoft Visio, the Math app which is perfect for mathematical formulae and Base applications which is similar to Microsoft Access.
- Supports Dozens of File Format – This program supports a lot of file format such as Adobe Flash, Microsoft Office 2007, JPEG, Photoshop, Microsoft PowerPoint, Microsoft Visio, WordPerfect, Microsoft Word, MacWrite Pro and a lot more which makes it easy to save and load many types of documents.
- Free of Charge – This program is open source which means it is for free. It offers good security and the opportunity to customize and improve it according to the users' preference.
- Remote Control App – If you are using an Android phone, LibreOffice comes with a remote control application that allows user to do presentations and control it with the use of an Android Phone. This feature is for Linux users and soon for Windows and Mac OS X.