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Results tagged ' Johan Yan '
Your Early November Fall Ball Update
The regular season ended two months ago, but there is still baseball being played all over the world. Many fall and winter leagues have been playing for several weeks, and plenty of former and future RoughRiders are in action. Here's an update on some familiar names and ones that will become familiar to 'Riders fans in just a few months.
Note: For a variety of reasons, many of these off-season leagues tend to dramatically favor strong offensive numbers, especially in the Arizona Fall League. So you should take some of the impressive offensive numbers (and poor pitching stats, for that matter) with a grain of salt.
ARIZONA FALL LEAGUE (Surprise Saguaros)
1B Chris McGuiness: The former Citadel star, who enjoyed a productive 2012 in Frisco, has played in a team-high 19 games for the Saguaros, hitting .314 with a triple-slash of .410/.543/.952. He's tied for the AFL lead with four home runs and 20 RBI. He's hit four doubles and has as many walks (11) as he does strikeouts. He was named the co-Player of the Week in the AFL in week one, sharing the honor with former Corpus Christi Hooks first baseman Jon Singleton. He was also the only Rangers farmhand named to the AFL Rising Stars Game, going 0-for-2 with a pair of fly outs.
SS Hanser Alberto: The recently minted 20-year-old split 2012 between the Rangers' two Single-A affiliates in Hickory and Myrtle Beach and could very easily break camp in spring training as a RoughRider. He's currently third in the AFL in batting average with a .360 clip in 14 games to go along with a double, two triples and six RBI. While he has stolen three bases, he's also been caught four times (he was 24-for-31 in steals during the regular season).
SS Luis Sardinas: Another young middle infielder, the 19-year-old Venezuelan is batting .316 with a home run, two doubles and four runs batted in through nine games. He played this past season for Hickory and would seem to be a candidate to reach Frisco at some point in 2013 unless things bottom out for him in Myrtle Beach.
C Kellin Deglan:The former first round pick (22nd overall in 2010) out of Canada struggled at the plate for Hickory this past season and things have continued for him out in Arizona. In eight games, he is batting .172 with no extra-base hits, one RBI and four runs scored. He is only 20-years-old and has never played above Single-A, so don't push the panic button just yet.
RHP Ryan Rodebaugh: After struggling with an oblique injury that sidelined him for more than a month early in the season, the former Kennesaw State Owl put together a very good campaign in his first season at the Double-A level. In eight AFL games, "Rodey" is 0-1 with a 3.09 ERA, 11 strikeouts and four walks in 11.2 innings. Since allowing four runs through his first three appearances, he has thrown seven straight scoreless frames.
RHP Joe Van Meter: It was a short stint in the AFL for Van Meter, who was shut down with a sore right shoulder after two starts. He had given up four runs on nine hits and four walks with four strikeouts in six innings. The former two-way star at VCU spent most of the season with Myrtle Beach but made three appearances in a RoughRiders uniform in the second half.
RHP Ben Henry: Henry replaced Van Meter on the Saguaros roster and has appeared in three games. He owns a 10.50 ERA (7 ER in 6 IP) with four strikeouts and seven walks in six innings. He spent most of this past season with Myrtle Beach, but missed the last month of the year due to injury.
RHP Ben Rowen: A likely closer candidate for the RoughRiders next season, Rowen won a MiLBY Award for the best reliever in Minor League Baseball this past season while pitching for the Pelicans. In the AFL, he has thrown in 11 games and has posted a 4.22 ERA in 10.2 innings. The submariner has eight strikeouts and four walks with a .195 opponents' batting average.
LHP Jimmy Reyes: The former Elon Phoenix has been the most impressive Rangers pitcher in the AFL this year. Reyes, who spent all of 2012 in Myrtle Beach and finished Nick Tepesch's May no-hitter, has yielded just two unearned runs on six hits in seven appearances (10 IP) with no walks and seven strikeouts. He also picked up a win in his first AFL game on October 10.
C Jose Felix: The RoughRiders' catcher in each of the past three seasons is playing for the Algodoneros de Guasave (or, the Guasave Cotton Growers for those who are a little rusty on their Español). After showing solid improvement at the plate for the 'Riders in 2012, he has looked good with Guasave, hitting .407 with three doubles and seven RBI in ten games and a triple-slash line of .393/.519/.911. And yes, Felix's OBP is lower than his batting average, as he has not walked yet this off-season. He walked a ludicrous five times in 306 plate appearances during the regular season.
OF Joey Butler: The former RoughRider (2010 & 2011) is suiting up for the Venados de Mazatlán (Mazatlán Deer; yes, teams in the Mexican Pacific League have silly names. We should feature them on a blog post soon) after a very solid 2012 campaign with Triple-A Round Rock. Butler has struggled, however, for Mazatlán, hitting .228 with four doubles, a homer and five RBI in 17 games.
LHP Chad Bell: The Knoxville lefty made Frisco the middle stop on his three-team climb this past season (starting in Myrtle and ending in Round Rock). He has been hit hard by DWL opposition, going 0-1 with a 7.45 ERA in five games (three starts) with eight strikeouts and three walks in 9.2 innings.
3B Mike Olt: Frisco's big-bopper in 2012 became a Ranger in early August when the big club called him up directly from the Texas League. Although his two injury-plagued months in the big leagues were underwhelming, he is still considered a big-time corner infield prospect. In ten games for Licey, Olt is hitting .286 with four doubles, one home run, five RBI and a triple-slash of .474/.536/1.009. His fine DWL performance was interrupted when he was hit in the head by a pitch on November 3 and he has yet to play since.
SS Jurickson Profar: Über-prospect Profar recently joined Licey, but has yet to play in a game. He spent nearly the entire 2012 season in Frisco until the Rangers called him up to the Major League squad when rosters expanded in September.
OF Engel Beltre: When he is not promoting proper recycling techniques, Beltre has been lighting up the DWL just like he did the Texas League at times this past season. The four-season RoughRiders centerfielder is batting .381 in 15 games for Licey with a double, five triples, ten RBI, 13 runs scored and a triple-slash of .435/.643/1.078. He leads the league in average, triples and OPS and is second in OBP and slugging.
OF Leonys Martin: The 2011 RoughRider split this past season
between Round Rock and the Rangers and, like Beltre, has been a solid performer in the DWL. In 17 games, he is batting .288 with four doubles, a triple, two home runs, 14 RBI and 14 runs scored.
IF LEURY GARCIA: The only Rangers farmhand on Ciboa, Garcia has looked pretty similar to the player he was in Frisco this past season. In 16 games he is batting .273 with four doubles, a triple, two home runs (he had three for the 'Riders in 2012, including the playoffs), six RBI and seven runs scored. Garcia is a strong candidate to begin next season with Round Rock.
LHP Ben Snyder: After spending parts of 2010 and 2011 with Frisco, Snyder pitched for Round Rock during the 2012 season. In five games (three starts) for Oriente, he is 2-1 with a 2.40 ERA, six strikeouts and ten walks in 15 innings.
RHP Johan Yan: Frisco's closer for the first two months of 2012, Yan struggled after his promotion to Triple-A (5.03 ERA). He has performed a bit better in winter ball, going 1-0 with a 4.26 ERA in eight games. The submarine pitcher has posted an impressive 12-2 strikeout-to-walk ratio and 6:1 groundout/flyout ratio in 6.1 innings.
RHP Fabio Castillo: Castillo split 2012 between Frisco and Round Rock after spending the previous two seasons as a RoughRider. He has been good in limited action with los Toros, allowing just an unearned run on three hits in 4.1 innings over six appearances. He has two walks and two strikeouts while pitching for his hometown (La Romana) club.
RHP Jose Diaz: The portly Diaz, who pitched for Frisco in 2009, spent 2012 with Indianapolis (Pittsburgh) of the Triple-A International League. In ten games for los Toros, he is 1-1 with a 2.79 ERA, 12 strikeouts, one walk and seven hits allowed in 9.2 innings.
RHP Carlos Pimentel: Pimentel seemed to be effectively wild or wildly effective at points this season for the 'Riders, but not so effective for los Leones. In six games (one start), he owns a 10.57 ERA (9 ER, 7.2 IP) with a .343 opponents' batting average. Still, with his solid year in Frisco he would seem to be a good bet to begin next season with Round Rock.
The Puerto Rican League just began play on November 8. The Rangers farmhands on Ponce include OF Mike Bianucci ('Riders 2011), C Jorge Alfaro, C Kevin Torres, 1B/OF Brandon Snyder, LHP Tim Murphy ('Riders 2010, 2012), LHP Alexander Claudio, RHP Alex De La Cruz, RHP Jon Edwards ('Riders 2012) and RHP Angelo Leclerc.
RHP Wilfredo Boscan: The RoughRiders' 2011 Opening Day starter, Boscan spent the first half of 2012 pitching in relief for Frisco before performing very well as a starter in the second half of the season. He has continued that success for Zulia, going 0-1 with a 0.81 ERA in five starts. He has struck out 15 and walked six batters in 22.1 innings while opponents are hitting .228 off of him. The 23-year-old will likely start next season as a RoughRider once again.
LHP Joseph Ortiz: Affectionately nicknamed "Mini-Me," the 5'7" Ortiz put together a superb 2012 season between Frisco and Round Rock. With La Guaira, he is 0-2 in 12 games with a 3.48 ERA, eight strikeouts and three walks in 10.1 innings and batters are hitting .200 against him. He will challenge for a spot in the Rangers bullpen during spring training.
RHP Jose Mavare: The 22-year-old Barquisimeto native spent 2012 with Hickory pitching out of the bullpen and could be a candidate to reach Frisco in the second half of next season. He has been hit hard in the VWL, allowing five runs on eight hits in six innings with five walks and six strikeouts.
RHP Randol Rojas: Rojas split 2012 between the Single-A affiliates, spending most of his time with Myrtle Beach. He has yet to appear in a game for los Navegantes.
RHP Wilmer Font: The hulking right-hander's first season coming off Tommy John surgery was a resounding success. Font spent most of the season with the Pelicans before joining the RoughRiders in August, dazzling the Texas League with a blazing fastball and then earning a promotion to the Rangers in mid-September. He has not pitched yet for Caracas.
RHP Richard Alvarez: After pitching for Spokane for most the season, Alvarez made one appearance out of the bullpen for Hickory. Like Font, he has not yet thrown for Caracas.
IF Guilder Rodriguez: The longtime Minor League veteran Rodriguez was recently re-signed by the Rangers and may be back in Frisco for a fifth consecutive year in 2013. In 15 games for Lara, G-Rod is batting .147 with two RBI and a pair of runs scored.
– Alex V.
RoughRiders Around the Globe
Every September when the minor league season comes to an end and fall sets in, many think that it's time for our RoughRiders to take a well earned vacation. However, what many don't realize is that minor leaguers around the country travel around the world to play winter and fall ball. These leagues provide the players a chance for additional income and the opportunity to improve their game. Here's where some RoughRiders, and other Rangers' farm-hands, will be sending post cards from this off-season:
Arizona Fall League
Players: Miguel De Los Santos, LHP; Leury Garcia, INF; Ryan Kelly, RHP; Leonys Martin, OF; Justin Miller, RHP; Mike Olt, INF; Neil Ramirez, RHP; Elio Sarmiento, C; Ryan Strausborger, OF; Johan Yan, RHP. (All play for the Surprise Saguaros).
Rangers' prospect Mike Olt was named the Arizona Fall League's Player of the Week on Monday, batting .571 (8-14) with a double, 2 home runs, 8 RBI, and 5 walks the previous week. The 23-year-old matched the Fall League's single-game high with a 6 RBI effort on Friday and represented the Rangers and Saguaros in the AFL Rising Stars Game on Saturday. The 6 RBI performance gave the University of Connecticut product a share of the AFL RBI lead (30), while he also leads the league in both home runs (8) and slugging percentage (.705).
OF Leonys Martin has seen action with the Saguaros as a member of the club's taxi squad and hit a home run in his Fall League debut on October 19…OF Ryan Strausborger has hit safely in 8 of his last 9 games, raising his season average to .327 (17-52). The Arizona Fall League regular season continues through November 17.
Mexican Winter League
Players: Cody Eppley, RHP (Obregon); Jose Felix, C (Guasave)
RHP Cody Eppley has worked out of the bullpen for the Mexican Winter League's Obregon, going 1-1 with a 3.60 ERA (6 ER/15.0 IP) over 14 appearances.
Dominican Winter League
Players: Engel Beltre, OF (Licey); Julio Borbon, OF (Escogido); Fabio Castillo, RHP (La Romana); Andres James, INF (Licey); Carlos Pimentel, RHP (Escogido).
RHP Carlos Pimentel has posted a 0.82 ERA (1 ER/11.0 IP) with 15 strikeouts against 5 walks in 8 relief outings with Escogido.
Venezuelan Winter League
Players: Wilfredo Boscan, RHP (Zulia); Joey Butler, OF (Magallanes); Joseph Ortiz, LHP (La Guaira); Renny Osuna, INF (La Guaira); Guilder Rodriguez, INF (Lara); Tanner Scheppers, RHP (Magallanes).
Pan American Games
3B Tommy Mendonca and INF Chad Tracy each took home silver medals as part of Team USA in the Pan American Games hosted by Guadalajara, Mexico on October 19-25. Mendonca batted .333 (6-18) with one home run and a tournament-high 10 RBI in 5 games for Team USA, while Tracy hit .182 (2-11) with 2 RBI in 4 games. The Americans fell 2-1 to Canada in the Gold Medal Game and finished the tournament with a 3-2 record.
Game 3 Preview – San Antonio at Frisco
Texas League South Division Series
San Antonio Missions at Frisco RoughRiders
Friday, September 9 – 7:05 p.m.
Game 3 – Series tied 1-1
The RoughRiders return home to Dr Pepper Ballpark for a crucial Game 3 after nipping the San Antonio Missions 2-1 Thursday night in Game 2 of this best-of-five series. The 'Riders scored twice in the top of the fourth and upheld that lead behind the pitching of starter Ben Snyder and relievers Richard Bleier, Johan Yan and Justin Miller. This will be the RoughRiders' 17th meeting at home against the Missions this year, and each team has won eight of the previous 16 contests.
Frisco – RHP Carlos Pimentel (7-9, 4.74 ERA): Pimentel was the only RoughRiders pitcher to remain in the starting rotation throughout the regular season. Pimentel led the 'Riders in innings pitched (142 1/3) and quality starts (12), and he finished second in strikeouts (110). Since August 7, Pimentel is 2-1 with an earned run average at 1.60. The righty is 2-0 with a 2.97 ERA in seven starts against the Missions this year.
San Antonio – RHP Casey Kelly (11-6, 3.98 ERA): After a sluggish first half, Kelly boasts a 5-3 mark and a 3.21 earned run average since starting the Texas League All-Star Game June 29. One of the key prospects in the Padres' deal with the Boston Red Sox for Adrian Gonzalez, Kelly went 1-1 with a 3.10 earned run average against Frisco this season. Over his last 13 innings of work, Kelly has allowed just one earned run and six hits.
- The RoughRiders are 1-3 all-time in Game 3 with the series tied at one game apiece. The lone victory came in the Texas League Championship Series against Round Rock in 2004, when the 'Riders won their first and only league title.
- Frisco's starting pitchers have worked 12 innings and given up just one run in this series. During those 12 frames, the Missions have stranded 13 base runners.
- Tommy Mendonca, Mike Bianucci and Jonathan Greene went a combined 0-for-9 in Frisco's Game 1 loss. Last night, the trio went 5-for-12 and scored both of the 'Riders' runs. Each notched a hit in the RoughRiders' two-run fourth.
- Want proof that this series has been pitching-heavy? The two teams have hit a combined .157 (19-for-121). Only five hitters have mustered two hits in the series.
- The RoughRiders' Game 4 starter has not been officially announced yet, but whoever it is will square off with a former Frisco hurler. Robbie Erlin will take to the mound for the Missions in Game 4, either trying to keep San Antonio alive or hoping to eliminate his former team from the postseason.
- There have been only ten runs scored through two days of the Texas League playoffs. This series has featured six runs, while Arkansas' battle with Northwest Arkansas has only brought with it four runs. The Travs lead the series 2-0 thanks to a pair of walk-off wins.
- Triple-A Round Rock faces elimination tonight at Omaha, trailing 2-0 in that best-of-five set. Low-A Hickory is also one loss away from elimination. The Crawdads host Greensboro in Game 2 of that three-game series. High-A Myrtle Beach spoiled a five-run lead in an 8-6, 11-inning loss to Kinston. That series is even at 1-1.
You can catch tonight's game, along with every 2011 playoff game, on 1630 KKGM or online here. You will hear from Frisco skipper Steve Buechele in addition to a player or two on the pre-game show, which begins at 6:35.
Playoff Perspective – Game 2
Tonight's game embodied everything that is exciting, fascinating, frustrating, and gratifying about playoff baseball. The 'Riders edged San Antonio 2-1 to even this best-of-five South Division Series at one game apiece. Here are some thoughts.
– Knowing what we know now, San Antonio lost this game in the first three innings. The Missions stranded seven runners in those frames against Ben Snyder (I'll get to him in a moment). After that, they only mustered five more runners. With Simon Castro on the bump and their awesome bullpen, the Missions could have made this series 2-0 with a few key hits in the early innings.
– Snyder did not have his best stuff, but he battled to post six scoreless innings. This outing was just as impressive as Robbie Ross' effort last night in Game 1. Snyder has now posted six straight quality starts, and he has been one of the biggest reasons the 'Riders succeeded in the regular season. His moxie in tough situations tonight kept the RoughRiders in the game and the series.
– Snyder's escapes in the first three innings were impressive, but the biggest pitch of the game came in the seventh. Richard Bleier allowed a double and an RBI single to begin his relief appearance. Then, Bleier induced a double play to erase the possible tying run from the bases. The Missions did not get another hit the rest of the game.
– I know two runs may not seem like much, but getting a pair off Castro is tough. Frisco's offense rolls when the heart of the order–Tommy Mendonca, Mike Bianucci and Jonathan Greene–is swinging well. In Game 1, the trio went 0-for-9. Tonight, they went 5-for-12 with both runs scored. Each notched a hit in the RoughRiders' two-run fourth.
– Johan Yan has been incredible for the RoughRiders. If you include his work in Games 1 and 2, Yan has a 0.31 earned run average. That's one earned run in 29 innings. Tonight, Yan zoomed through the heart of San Antonio's order and retired all four he battled, two of those outs coming on strikes.
– He has been the 'Riders' best arm in the bullpen since his promotion in mid-July. However, this was the first time this year that Yan has worked in back-to-back games. The righty threw 20 pitches in Game 1 and another 15 this evening. I would be surprised to see him available for Game 3.
– Justin Miller's efforts in the ninth inning always seem to get a bit interesting, but the right-hander always seems to get the job done. Miller has recorded 14 saves this year, and he has not blown a save since May 23. Tonight, the mid-season All-Star recorded another great showing out of the 'pen.
– The theme of the Texas League playoffs through two days has been pitching. This series has featured six runs, while Arkansas' battle with Northwest Arkansas has only brought with it four runs. The Travs lead the series 2-0 thanks to a pair of walk-off wins.
– Friday night's Game 3 is the biggest contest at Dr Pepper Ballpark since September 15, 2008, which was Game 5 of the TL Championship Series. Hope you can come out to the yard for what should be a tremendous game. Tickets are still available, so join us for a pivotal Game 3.
– Brian
'Riders in the Fall League
Once the playoffs end for the RoughRiders this year, Dr Pepper Ballpark will close its doors, the players will pack up their lockers, and everyone will deserve a long vacation. But what many don't realize is that for a number of RoughRiders, the season doesn't end. Many players travel to Venezuela, Puerto Rico, or Mexico to play in winter leagues to continue to get better and prepare for the next year.
A few select players, however, get the chance to remain stateside and play in the highly regarded Arizona Fall League. The 12-week, prospect driven league is entering its 20th season and is owned and operated by Major League Baseball. Big league All-Stars such as Derek Jeter, Albert Pujols, and Ryan Braun have all spent time in the AFL. This year, three current 'Riders have been tabbed to play in the Fall League with the Surprise Rafters.
The former 44th overall pick in the 2007 draft is 1-0 with a 1.89 ERA in Double-A this season through six starts. The bulk of his season has been spent in Triple-A Round Rock where he made 17 starts and went 4-3 and had a 3.68 ERA. The right-hander was placed on the disabled list in mid-July because of shoulder fatigue which has limited his innings in the Texas League.
When I talked with Neil following his start Thursday night in Corpus Christi he was excited to be selected for the Fall League. "It's a big honor, for sure. It's good competition and will great to see how you stack up." The righty wants to continue to hone his mechanics while he's there. "I plan on working on making good pitches and will focus on the backside of my delivery. The Fall League will also give me a good idea what my off-season conditioning will look like."
The 'Riders switch-hitting catcher has had a terrific season in Frisco. He hit .327 in 16 July games and has been a constant presence behind the plate for the 'Riders. He has always had a great rapport with the staff, but this has been his best offensive season in Double-A. Elio is batting .378 with runners on base, and is hitting .356 with runners in scoring position.
His selection to the AFL is a great way to conclude his 2011 campaign and he's clearly grateful. "I feel blessed, it's a great opportunity for me and I consider it a reward for all the hard work," His goals for the AFL season are pretty simple, "I want to finish healthy, do my best, and hope for even more opportunities with the Rangers."
The Fall League works out well for Sarmiento because he makes his off-season home in Phoenix along with his wife and two children. His mother-in-law is also in Phoenix and for just the second time, Elio's mother will visit the U.S. from Venezuela and will be able to watch him play in Surprise.
He was originally a shortstop then got too big for the position and moved to third base. Then his bat wasn't cutting it so the Rangers' moved him to the mound. That didn't work at first either. The last ditch effort was to change Yan from the traditional over-the-top delivery to a side-arm approach.
The right-hander went from thinking his playing days were over to now being selected to the top off-season league in the country. In 43 appearances combined between High-A Myrtle Beach and Frisco, Johan has allowed just eight earned runs in slightly over 66 innings of work and has a Double-A earned run average of 0.36. On August 15th against Tulsa he gave up his first earned run since June 1 when he was pitching with the Pelicans.
Like Neil and Elio, Yan is a hard worker who has really made the most of his opportunities and will only get better in Arizona.
Former 'Rider from early in the season Miguel de los Santos will also be going to Surprise to play in the AFL. He's pitched with Myrtle Beach after being placed on the DL with a shoulder injury after making six starts with Frisco.
The remaining prospects tabbed to play in Arizona who you have to imagine will be future RoughRiders are RHP Ryan Kelly, SS Leury Garcia, 3B Mike Olt, and OF Ryan Strausborger.
Congrats to Neil, Elio, Johan, and the rest of the group. We'll keep you posted on how their season goes here on the Insider Blog.
RoughRiders In The (Football) Draft
The NFL is right around the corner, which means that fantasy football drafts are taking place all over the world. The RoughRiders' front office had its draft Tuesday night. We all realized quickly that Aaron–the league's commissioner–had the best draft by far. He may go undefeated. I'm in trouble.
So, let's make some fantasy football comparisons with some of your RoughRiders. By the way, Aaron will have another fantasy football-related post tomorrow from Tulsa.
Tommy Mendonca = Arian Foster (RB, Houston): Mendonca (.285, 23 HR, 83 RBI) is finishing up a breakout season here in the Texas League, and Foster (1374 yards, 13 TDs) was the breakout star of the NFL last season. Foster is going in the first round in many drafts, and Mendonca would be near the top of most Texas League boards.
Mike Bianucci = Peyton Hillis (RB, Cleveland): Two tough, strong men who produce very well. Bianucci is third in the Texas League in home runs (27) while Hillis became the first Brown to don the cover of Madden. These two guys are beasts in their sports.
Engel Beltre = Santonio Holmes (WR, NY Jets): Both men have great speed and catch seemingly everything that comes their way, and they both do it with a little flair. Beltre is one of the best defenders in the Texas League, and Holmes is the top receiver on a contender.
Renny Osuna = Ray Rice (RB, Baltimore): Both Osuna and Rice are a bit undersized, but they both produce at a very high level. Rice is a first-round pick in fantasy football drafts, while Osuna is the RoughRiders' all-time hits leader. If you have either on your team, you have a great chance to win.
Ben Snyder = Ben Roethlisberger (QB, Pittsburgh): These two guys are better real-life players than they are fantasy sports acquisitions. Snyder has been in the bullpen, starting rotation, and outfield this season, and Roethlisberger gets better as the game progresses.
Justin Miller = Tom Brady (QB, New England): Miller doesn't have three rings or an undefeated regular season (although he is close at 9-1 this season), but he does shut the door on his opponents late in the game. Brady is the king of fourth-quarter wins, and Miller boasts a 2.03 ERA as a late-inning bullpen option.
Johan Yan = Mike Williams (WR, Tampa Bay): Both players made instant impacts out of nowhere. A converted infielder, Yan has an incredible 0.47 in his first 19 Double-A innings. Williams was a fourth-round pick in last year's draft, and his 1,056 receiving yards and eight touchdowns helped the Buccaneers become one of the biggest 2010 surprises.
Matt Leeds = Andre Roberts (WR, Arizona): Two deep sleepers. Leeds is with the RoughRiders after spending the first two months of his professional career in the Arizona League, and Roberts is going to get some playing time alongside Larry Fitzgerald.
– Brian
RoughRiders' All-Gridiron Team
With the NFL lockout over and August underway, football is in the air. The 'Riders have some solid athletes this season which prompted the question "who would play where if the RoughRiders were a football team"? Seems logical. After consulting with Frisco strength and conditioning coach Eric McMahon, here is the 'Riders All-Gridiron Team. Feel free to leave comments with your opinions. -AG
Quarterback: Ben Snyder
Although he was a two-time All-State wide receiver in high school, Snyder like the logical fit as QB. He has good athleticism, is a veteran, and has the intelligence the position demands.
Wide Receiver/Flanker: Justin Miller
At 6'4″, Miller is the prototypical deep threat. He has nice leaping abilities and is will force matchup problems for opposing defensive backs. "Snyder to Miller" is something we'll be saying a lot.
Wide Receiver: Carlos Pimentel
He might be the most athletic pitcher of the 'Riders staff. Pimentel has a quick burst off the line and is the perfect over-the-middle compliment to Miller going deep.
Running Back: Davis Stoneburner
Although he's not the prototypical pounding back some might desire, Stoneburner possesses the quickness and elusiveness to to run effectively. What he lacks in size he makes up for in determination and confidence. Stoney is a nice open field runner who also contributes in the passing game.
Wide Receiver/Running Back (Flex): Corey Young
His quick hips and burst make Young a versatile offensive weapon both in the backfield and in the slot. He can lineup in a split-back set with Stoneburner, or can run complimentary routes over the middle with Pimentel in-between the first and second layers of the defense. His run after the catch abilities can turn a five yard dump pass into a 15 yard pick up.
Tight End: Tanner Scheppers
This is a natural fit. At 6'4″ with a long wingspan, Scheppers is the perfect red zone target for Snyder. He's great over the middle of the field and, as a former short stop in college, has more athleticism than anyone on the line.
Right Tackle: Adalberto Flores
Big, tall, and physical, Flores shoulders the responsibility of protecting Snyder's blindside. He has the quick feet and powerful arms to move quickly and keep a clean pocket.
Right Guard: Robbie Ross
With a low center of gravity, Ross wards off the blitz well. He also has enough quickness to pull on running plays and open up holes for Stoneburner.
Center: Jose Felix
Another natural fit. "Chief" is the anchor of the offensive line.
Left Guard: Richard Bleier
Bleier has the intelligence to read the defense and the athleticism to pull.
Left Tackle: Fabio Castillo
Pound-for-pound the biggest guy on the line. Fabio is aggressive with string hands and a wide upper-half.
Defensive End: Mike Bianucci
Has the size to stay in on running downs, but the athleticism and burst to rush the passers. His low center of gravity helps keep him on his feet, and his motor will wear down offensive tackles by the fourth quarter.
Defensive Tackle: Jose Ruiz
As one RoughRider told me, if Jose joined a Division I football program today, in four years he'd be an All-American. Ruiz has elite lateral movement and a sharp burst. He's a beast clogging up the middle and has the speed to rush the passer.
Defensive Tackle: Jake Brigham
Fear the beard. Brigham has the strength and aggressiveness to compliment Ruiz next to him. He also has the long arms to knock down passes when rushing. He brings the intensity and heart his position demands.
Defensive End: Johan Yan
Love this choice. His height and weight profiles as a rush defensive end. He runs well, has a long wingspan, and is big and strong enough to play the run.
Outside Linebacker: Elio Sarmiento
Thick and strong, Sarmiento can stuff the run but also has the quickness to cover a tight end who releases from the line. He can cover the flat and is disciplined enough to be trusted take down a running back in the open field.
Middle Linebacker: Jonathan Greene
His physical build and tools make Greene a nice choice here. He stuffs the run well and isn't afraid of contact.
Middle Linebacker: Tommy Mendonca
Like Greene, Mendonca has the build to stuff the run. His strong forearms help him wrap up well and he has the quickness to move in a confined space well.
Outside Linebacker: Mitch Hilligoss
Aside from having a linebackers neck, Hilligoss can drop back like a safety, rush like a defensive end, and stop the run. Like Sarmiento, Hilli is a good fit here.
Cornerback: Engel Beltre
Beltre has big play, pick-six potential. His elite speed matches up with any wide receiver. He has all the makings up a shut-down corner.
Cornerback: Renny Osuna
While Renny may not have the speed of Beltre, he is ultra reliable and can cover the run as well. Has the athleticism to cover all types of receivers and has a nose for the ball.
Free Safety: Tyler Tufts
Perfect combination of size and speed to cover the entire third layer of the defense. Tufts has nice range and is a sound safety blanket for Renny and Osuna on the outer thirds. His big hits make receivers think twice before coming over the middle.
RoughRiders Roundtable Podcast, Episode #3
The latest episode of the RoughRiders Roundtable Podcast is now yours to listen to and download on iTunes. As always, a big thanks to our producer Ted Price, Jason Cole of LoneStarDugout.com, and Brian.
The three of us discuss the trade deadline, Joe Wieland, Mike Bianucci, Tomym Mendonca, Johan Yan, Renny Osuna, Jake Brigham, Justin Miller, Tanner Scheppers … and even more.
We've been thrilled with the early response of the podcast. Episode 2 had over 1,300 downloads! Thanks to all who download and listen, and remember, feel free to leave a comment with a question or future topic you'd like us to discuss.
I hope you and your iPod enjoy. -AG


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I'm not a teacher and wouldn't want to be one. I realise in many instances they can't win. Some parents demand more homework for their children, some parents say it's too much. I imagine teachers have a hard time trying to get the balance right. But when your child is taken away from actually being a 'child' and made to work on school projects during their weekends, I simply can't get my head around it. I'm not so obstinate that I don't think kids should be given homework at all, but kids need to be kids; they need to learn to socialise and play, to be outdoors, spending time with friends and family and building up those priceless and precious memories. I'm all for banning homework actually, at least until the child reaches double figures, i.e. 10 years old. And then it should be limited to the bare minimum. I think this discussion could go on for ever to be honest, because some children need homework and some don't. Those struggling probably need to do extra activities outside school, while the ones at the other end of the scale might not need to do as much revision. But if our child is particularly gifted and excelling in certain subjects, don't we want to push them further to get that A grade? Is there an age when children should be given homework? How much is too much? How much is not enough? And why is it so necessary that homework be given every night and at weekends, sometimes totalling up to several hours, when the child is in school all week anyway?
Monday, 26 November 2012
Homework; Necessary, Or Not?
I'm not a teacher and wouldn't want to be one. I realise in many instances they can't win. Some parents demand more homework for their children, some parents say it's too much. I imagine teachers have a hard time trying to get the balance right. But when your child is taken away from actually being a 'child' and made to work on school projects during their weekends, I simply can't get my head around it. I'm not so obstinate that I don't think kids should be given homework at all, but kids need to be kids; they need to learn to socialise and play, to be outdoors, spending time with friends and family and building up those priceless and precious memories. I'm all for banning homework actually, at least until the child reaches double figures, i.e. 10 years old. And then it should be limited to the bare minimum. I think this discussion could go on for ever to be honest, because some children need homework and some don't. Those struggling probably need to do extra activities outside school, while the ones at the other end of the scale might not need to do as much revision. But if our child is particularly gifted and excelling in certain subjects, don't we want to push them further to get that A grade? Is there an age when children should be given homework? How much is too much? How much is not enough? And why is it so necessary that homework be given every night and at weekends, sometimes totalling up to several hours, when the child is in school all week anyway?
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It's a really tricky one and I don't profess to know anything about it, but this is my view.
I remember being absolutely astounded when I did a french exchange at 14 years old and discovered that they went to school from 8 till 5, and also saturday mornings. I don't know what happens in the rest of Europe.
I'm guessing that there are two choices - teach kids everything they need to learn at school in order for them to be at the right level on the curriculum or le,t them do part of that work at home. Of course, to do it at school would require more pay for teachers. Ha...what a laugh...as if that's ever going to happen.
I don't know what the answer is. We all want educated children, but I agree with you that if that comes at the cost of education at home, it isn't a good thing.I never had homework, apart from learning a few spellings, until I went to Secondary school, and teachers concentrated on the 3 Rs - it worked for our generation and I think it would work for kids now. Having worked in education for 20+ years I can honestly say I think standards in schools has slipped, teachers have too many stupid targets to achieve instead of being allowed to concentrate on actually 'teaching' the pupils, especially in primary schools - there are too many kids reaching secondary school who can't acturally read, write or add up! I'll get off me soap box now.
ReplyDeleteIf I'm honest I think if you decide to send your children to school and be part of the current education system then I believe in homework. Homework is not for the children but for the parents. It's not about the children doing work they did not get to do at school but for parents to learn and work with their children, reinforcing what they did at school. Many parents do not take part in their children's education and this is a way to encourage it. Now if you argue about the formality of the education system itself and how children learn then that is a completely different argument for me.
ReplyDeleteRepliesI'm with you on the bit where you say parents being encouraging, but parents aren't qualified teachers - well, you know what I mean I'm sure. But I've always been under the impression the homework is for the kids... What about the parents who just leave their kids to it - isn't that defeating the object of your argument?
Here's my experience in France - children under 11 go to school from 9-12 and 2-5, so 6 hours a day with 2 breaks. And only 4 days a week. So say 20 hours school a week. Probably shorter than the UK?
The problem with this is that after age 6 they do have homework. We've experienced this done well and done badly (2 different schools). In our children's first school, an hour of spellings to learn would turn up on a Thursday night, and they would be tested on them the next day (Friday). The spellings had clearly not even been touched on in class. We thought it was disgraceful and ridiculous, terrible for morale and a bad example of how to learn. Our children go to bed at 7pm, so by the time they've done homework, eaten and had a shower they had no time to relax in the evenings. The teacher assured us it was normal. For that and a number of other reasons we changed schools.
The second school is much better. Homework (for my 7 year old) comes on a Tuesday night (to be completed during Wednesday) and on a Friday night (to be done over the weekend). I'd say there's 30-60 minutes each time. Spelling, grammar, maths, reading. But the work has already been covered in class, it's usually revision.
I didn't have homework until 11, so this is a new experience for me, but actually I enjoy sitting with my daughter, having a chance to see what she is doing in school and spending some time helping her. We've found a good rhythm to fitting it in, even if she's not always so keen. It's particularly important for us as she's working in French, so I like to see how she is doing and we try to make it fun.it is an interesting argument...working in education now---i will say that most days we give time for students to do their homework, or if they dont do the work in class they have to do it for homework so the ones that have a lot bring it on themselves...at least in my classes...of course i have high schoolers so there is a certain level of responsibility expected...
i remember being astounded at the amount my kids had at a young age...and there were nights i just sent a note saying they had spent enough time on it and that was enough...
i think there is a certain amount though necessary if for no other reason than to have the parents on the same page with what is being taught...because it should be a partnership...and to give students the ability to practice...math for instance they get the equivalent of about 45 minutes a day in math...now take away time for behavior issues in class or what not and it diminishes rather quickly...
i did chuckle with elaine...as a teacher this year i make less than i did my first year coming out of college...it is a shame i could probably make more working for a day care...without the expectation to teach them something...RepliesYou see, I'm not onto this concept about it being a partnership. The learning is for the children. But what I find difficult to appreciate on this is that many parents don't bother supervising their children whilst they're doing homework, they just leave to it. This therefore isn't a partnership. It's taking away time for a young child to be a young child.
I've had a homework rant in the past. I would have to say that since we've been living in England (June this year) it has been a lot better than the situation in Italy. My kids have had to seriously study from age 6. Last year my son did the first year of high school in Italy, and he had hours of homework every night (and he was only 11 years old!). You do wonder what they do at school.
ReplyDeleteFab debate. I agree homework is for the parents when the children are young. When my eldest started in Reception he was bringing home weekend homework! It didn't take long to complete, and is usually play-oriented, but obviously needed a parent to sit and go through it with him. I guess it gets the child into the routine of homework but seems a little excessive at 4 years of age! In year 1 he still gets weekend homework and is starting to do it more independently but still needs to be reminded about it and needs a little assistance. It is a lot for him though with reading, spellings, numbers etc that he gets checked on every week too! I think free play is still really important at this age so make sure he has plenty of that too.
ReplyDeleteGreat post. I think it's a really tricky subject. I'm totally behind homework, even at a young age, but agree that 1 hour is a long time for such young kids.
For me I think it's something that needs to gradually build up, maybe just a sheet or 2 to start with up until they hit 8 or 9 and then start to prepare them for high school by slowly building up the amount of homework they get and the difficulty.RepliesI think that would be much better than sending children in Reception and Year 1 home with wads of homework. They don't have the concentration after school and most really don't need to have it either. At 4, 5, 6 and 7 years old they should be playing when they've been at school all day - not coming home to another hour or two of work.
Both my children are now in differnet schools, one is still in primary/junior. She has always had some spellings and reading to do, once she hit yr 4 they would get the occasional project to work on, and from yr 5 on they has some maths as well as the reading and spellings.
My son is now in yr 8, he has different amounts every day, 2 one day and 3 the next and so on through the week. Occasionally he'll get a big project added to that as well, but they are expected to do at least 30mins on each subject set.
By the time this has been done on a day with 3 subjects there isn't much time to do anything else, he enjoys his gym club, and is expected to do chores around the house for pocket money. But by the time we've had gym or an afterschool club and then homework followed by dinner there is no time for chores or even social family time as its bed time.
I agree that there are times when children are given too much and it should be balanced more and built up slowly.I agree with you that little ones shouldn't be required to do homework. As you say, it would be better if they start getting it from around the age of 10. I know that with my 16 year old, having homework has helped him get into the routine of studying for exams. He has a good work ethic which was helped along because of the homework. Although, again... it wouldn't have been necessary until after the age of 10!
ReplyDeleteAs a teacher (currently unemployed) I can comment from my side if that is ok. All schools have a homework policy my last schools for my year group (y2) was homework set once a week and due in a week later this homework should be a phonics activity, maths activity, literacy activity and occasional topic work. the children were also expected to read every single night for at least 10 minutes.
I hated this policy these children were 6 years old and the only bit I agreed with was reading regularly and some sort of maths - I often sent home a game.
By doing the amount expected of me I found it hard to keep track of who had and who hadn't done it, mark it along with the crazy marking policy in my school and actually find something meaningful to send home.
When I was at primary school we had to read and learn our tables - we also had to do a project of our choice every (old) term.
So I think you will find that a lot of teachers think there is too much homework but the powers above are setting the rules!RepliesThank you for giving your side, this is really appreciated and adds a great discussion. I have the utmost respect for the teachers at Amy's school - it's a special school and some of the children are quite demanding to say the least. What they do to support these children is immense. I realise it is the powers-that-be who set the rules and I feel for teachers - my sister is a teacher - because I imagine they find it hard to get that balance right.
Good post, I think the answer is we all do what we can and as much as we feel our kids can sensibly absorb. I reading spelling and tables with the younger ones and expect the older ones to do their own work and I don't do it every night as taking them to clubs and activities also takes so much of my evening up. What ever your approach they all get to read and write in the end!
ReplyDeleteThanks for the mention first of all. About homework... I didn't get any until secondary school and then it was a big shock. I don't think I ever got over it tbh. I think it's all a matter of degree. Almost every fulfilling job when you are an adult comes with lifelong homework. You may as well get used to the responsibility when you are young. On the other hand, your days shouldn't be bogged down by it when you are so young and also need to play a lot. I also think the parent has a responsibility to help the child get the homework done early so that it doesn't hang over them for the whole weekend or holiday.
ReplyDeleteMy eldest has just turned 7 (year 2) and been getting homework since year 1. She gets math and literacy homework set on a Friday, to be handed in on the following Wednesday. The math takes most of Saturday morning and we do the literacy on the Sunday afternoon. If we don't do it then, its so hard to get her to do it after school on the Monday and Tuesday night. Plus she has a reading diary and set targets.
To be honest, it's getting a bit much. If a family event occurs or she is too tired, I'm happy for her not do it, but her dad is a bit more eager for her to get it completed.
I believe in some parent home participation, but she also needs some time out, family time and time to develop her own interests. I'd hate for all this homework to put her off school at such a young age.
What to do?It's ridiculous - when are the kids supposed to make a life for themselves? And Unis and employers are saying that kids leave school with lots of bits of paper and no common sense for leading life! But I suppose I would think like that - I'm a home educator too. (You can read all about us here http://rossmountney.wordpress.com) The interesting thing is that it's home educators who are proving that kids really don't need to do all this stuff in order to become educated, gain qualifications, and move forward to a busy and productive life - as ours and other home educated friends did!
ReplyDeleteThanks for leaving your link, Ross. When Amy was struggling at mainstream school, I started to ponder home education but I'm she would have had to have a full-time tutor - could have been expensive! Her main issue however, is poor social skills and going to school helps with that. I realised when she'd finally left mainstream school and started in the special school where every child is disabled and has a condition such as autism, that she was in the right place and I also realised how little mainstream education did for her. Home ed works for some but it wouldn't have been suitable for Amy.

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US D368145 S Abstract available in Claims(1)
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I Am the Other Cuba: Documentary Film Screening Plus Live Pre-Show Performance
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Part of Macha Theatre/Films' Cuban Cultural Night, celebrating Cuba's independence from Spain, the new documentary I Am the Other Cuba (Soy La Otra Cuba) sheds light on the current state of Cuba, its revolutionary past and its uncertain path toward an unknown future. Featuring interviews with a variety of Cuban citizens, Italian filmmaker Pierantonio Maria Micciarelli touches on subjects ranging from the ever-present struggle for freedom to the "myth of the revolution," and includes a visit to the Ladies in White, a group of peaceful opposition women in Cuba. Marti in Chains, a special monologue in remembrance of Jose Marti written by documentary producer Odalys Nanin and performed by Florenciani, will be performed prior to the show. After the screening, Cuban appetizers from Porto's Bakery will be served.
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News archive for September 2010
Thursday 23 September 2010
Teaching Online webinar recording
The Teaching Online Webinar held by Nicky Hockly and Lindsay Clandfield on Wendesday 22nd September is available to watch online now. Read Nicky's blog post about the webinar here for the link to the recording.
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Try Before You Beat Your Brains Out!
Good afternoon from the jumpseat! It amazes me sometimes when the things that you are suppose to learn on the first day on the job come back to get you today! We all have heard the old adage "try before you pry," but every now and then you get smacked in the face with it!


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U.S. EX REL. FRANKLIN v. PARKE-DAVIS No. 96-CV-11651-PBS.
147 F.Supp.2d 39 (2001)
UNITED STATES of America ex rel. David FRANKLIN, Plaintiff, v. PARKE-DAVIS, DIVISION OF WARNER-LAMBERT COMPANY, Defendant.
United States District Court, D. Massachusetts.
June 25, 2001.
Thomas G. Hoffman, Greene & Hoffman, PC, Thomas M. Greene, Greene & Hoffman, P.C., Boston, MA, for David Franklin.
Robert B. Fiske, Jr., James P. Rouhandeh, James E. Murray, Barbara D. Diggs, Davis Polk & Wardwell, New York City, David B. Chaffin, Hare & Chaffin, Boston, MA, for Parke-Davis.
Thomas E. Kanwit, United States Attorney's Office, Boston, MA, for United States.
SARIS, District Judge.
In this qui tam action under the False Claims Act ("FCA"), 31 U.S.C. § 3729-33, Relator Dr. David Franklin alleges, among other things, that his former employer engaged in a fraudulent scheme to promote the sale of the drug Neurontin for "off-label" uses (i.e., uses other than those approved by the Food and Drug Administration) and that this illegal marketing campaign caused the submission of false claims to the Veterans Administration and to the federal government for Medicaid reimbursement.
After hearing, Defendant's motion to dismiss is
As it must on a motion to dismiss, the Court takes the facts alleged in the complaint and disclosure as true:
A. The Parties
Relator David Franklin ("Franklin" or "Relator") is a former employee of Defendant Parke-Davis, a division of Warner-Lambert Company. Franklin, who holds a doctorate degree in biology, was employed by Parke-Davis as a "medical liaison" for a period of approximately five months during 1996. He has co-authored five scientific publications, is an author of a pending patent application, and received a two-year research fellowship with Harvard Medical School and the Dana Farber Cancer Institute in Boston in 1992.
At the time of the events in question, Warner-Lambert Company was a corporation engaged in the manufacture and sale of pharmaceutical and consumer products. Defendant Parke-Davis was the company's pharmaceutical products division, which manufactured, marketed, and conducted research relating to prescription drugs.
B. "Off-label" usage of pharmaceuticals
Under the Food, Drug, and Cosmetics Act ("FDCA"), 21 U.S.C. §§ 301-97, new pharmaceutical drugs cannot be distributed in interstate commerce unless the sponsor of the drug demonstrates to the satisfaction of the Food and Drug Administration ("FDA") that the drug is safe and effective for each of its intended uses. See 21 U.S.C. § 355(a) & (d). Once a drug is approved for a particular use, however, the FDA does not prevent doctors from prescribing the drug for uses that are different than those approved by the FDA. Allowing physicians to prescribe drugs for such "off-label" usage "is an accepted and necessary corollary of the FDA's mission to regulate [pharmaceuticals] without directly interfering with the practice of medicine." Buckman Co. v. Plaintiff's Legal Comm.,
Whether a drug is FDA-approved for a particular use will largely determine whether a prescription for that use of the drug will be reimbursed under the federal Medicaid program. Reimbursement under
C. Defendant's products
Neurontin, which is the brand name for the drug gabapentin, was approved by the FDA in 1994 for use as an adjunctive treatment for epilepsy in doses from 900 to 1800 mg per day. Neurontin is also used for a number of off-label purposes. For example, Neurontin is prescribed for pain control, as mono-therapy for epilepsy, for control of bipolar disease, and as treatment for attention deficit disorder. According to Relator, 50% of Neurontin's sales in 1996 are attributable to off-label uses. Of those sales, Relator estimates that 50% (or 25% of Neurontin's total sales) were reimbursed by the government either indirectly through Medicaid or directly through purchases by the Veterans Administration.
Accupril, which is the brand name for the drug quinipril, is an angiotensin converting enzyme (ACE) inhibitor that has been approved for the control of hypertension and as a treatment for heart failure.
During the events in question, neither Neurontin nor Accupril were eligible for reimbursement from Medicaid when prescribed for an off-label use because neither drug's off-label uses were included in one of the compendia specified by 42 U.S.C. § 1396r-8(g)(1)(B)(i).
D. Allegations regarding marketing of Neurontin and Accupril
The crux of Relator's allegations is that the Defendant engaged in an extensive and far-reaching campaign to use false statements to promote increased prescriptions of Neurontin and Accupril for off-label uses which caused the filing of false claims for reimbursement by the federal government.
Relator alleges that he was hired by Parke-Davis onto a team of "medical liaisons." While medical liaisons are ordinarily connected to the research divisions of the manufacturer, Parke-Davis's medical liaisons were exclusively employed as sales and promotion personnel.
Parke-Davis's medical liaisons, including Relator, were instructed to make exaggerated or false claims concerning the safety and efficacy of Parke-Davis drugs for off-label uses. They were also trained to convey that Neurontin could be prescribed for its various off-label uses in amounts of up to 4800 mg per day—far above the maximum dosage of 1800 mg per day approved by the FDA. To bolster their representations to physicians, medical liaisons were encouraged to misrepresent their scientific credentials and to pose as research personnel, rather than as sales representatives.
Relator also alleges the doctors were rewarded with kickbacks for prescribing large quantities of Parke-Davis drugs.
According to Relator, when questions arose concerning the availability of reimbursement for prescriptions for off-label uses of Parke-Davis drugs, medical liaisons were instructed to coach doctors on how to conceal the off-label nature of the prescription. Relator also alleges that Parke-Davis took numerous actions to conceal its activities from the FDA, including shredding documents, falsifying documents, and encouraging medical liaisons to conduct their marketing activities without leaving a "paper trail" that might be discovered by the FDA.
E. Present action
Relator filed this nine-count qui tam action under seal on August 13, 1996. The case remained in limbo and under seal for several years while the United States mulled over its option to intervene. The seal on the complaint was finally lifted on December 21, 1999, and the litigation began in earnest. To date, the government has elected to participate only in the capacity of amicus curiae while reserving its right to intervene as a plaintiff at a later point.
A. Failure to plead fraud with particularity
1. Application of Rule 9(b) to FCA qui tam claims
Qui tam actions under the FCA must comply with Fed.R.Civ.P. 9(b), which requires that "the circumstances constituting fraud ... shall be stated with particularity." See United States ex rel. Walsh v. Eastman Kodak Co.,
The requirements of Rule 9(b), however, must be read in conjunction with Fed.R.Civ.P. 8(a), which requests "a short and plain statement of the claim" for relief. Thus, while Relator must allege the circumstances
In addition, strict application of requirements of Rule 9(b) may be relaxed in certain circumstances. For instance, where facts underlying the fraud are "peculiarly within the defendants' control," a plaintiff may be excused from pleading the circumstances of the fraud with a high degree of precision. Boston & Me. Corp. v. Hampton,
2. The Disclosure
Although Relator's complaint alleges a general framework of what might be actionable FCA claims, those allegations standing alone lack the specificity required under Rule 9(b). The complaint does not disclose the "who, what, when, where, and how" of the alleged fraud. Recognizing the likely faults of the complaint, Relator has urged this Court to consider the more specific information concerning Parke-Davis's alleged FCA violations contained in Relator's disclosure to the government pursuant to 31 U.S.C. § 3730(b)(2).
Although Section 3730(b)(2) does not displace the pleading requirements in Fed.R.Civ.P. 9(b), it does serve many of the same salutary policy objectives (i.e., precluding strike suits, permitting the preparation of meaningful defenses, etc.). "A court should hesitate to dismiss a complaint under Rule 9(b) if the Court is satisfied (1) that the defendant has been made aware of the particular circumstances for which she will have to prepare a defense at trial, and (2) that plaintiff has substantial prediscovery evidence of those facts." Harrison, 176 F.3d at 784. In light of this admonition, it is appropriate to look to disclosure to determine whether the Relator has supplied sufficient allegations concerning the circumstances of the fraud to permit this action to go forward. This approach makes sense because the disclosure is referenced in the complaint, and documents referenced in the complaint are routinely considered as part of the pleadings. See, e.g., United States ex rel. Wilkins v. North Am. Constr. Corp.,
3. Sufficiency of the Allegations
a. Neurontin
Viewed in light of the disclosure, Relator's complaint contains allegations of fraud sufficient to satisfy Rule 9(b): Counts II and IV describe a scheme of fraud designed to increase the submission of off-label prescriptions for Neurontin for payment by Medicaid; and Count VI describes false statements made to physicians to induce off-label prescriptions for Neurontin. As far as the "who" in these counts is concerned, the disclosure identifies by name the individuals at Parke-Davis who instructed the medical liaisons on how to fraudulently promote off-label use of Neurontin. It also lists the medical liaisons by name. In addition, the disclosures and exhibits identify the physicians who were contacted and allegedly given false information and kickbacks in return for increasing their off-label use of Neurontin. Relator adequately identifies the "what" by alleging that Defendant's conduct resulted in the submission of numerous Neurontin prescriptions that were ineligible for reimbursement under Medicaid because they were prescribed for an off-label use. The "when" of Relator's complaint is confined to the time-frame during which Relator was employed as a Parke-Davis medical liaison in its Northeast Customer Business Unit. Finally, the "how" of the alleged fraud is detailed in the portions of the complaint and disclosure that describe a fraudulent marketing campaign conducted by Parke-Davis in which kickbacks and unlawful and misleading marketing were allegedly used to encourage doctors to increase their use of Neurontin for unapproved purposes.
Dr. Franklin cites at least eleven specific examples of fraudulent statements which medical liaisons (including himself) were trained to give to physicians, and did give to physicians, to induce the purchase of Neurontin for off-label uses, including the following:
Defendant contends that the pleading of the basic scheme of fraud or the identification of certain instances of fraudulent conduct does not satisfy Rule 9(b). Indeed, Defendant goes so far as to argue that Rule 9(b) requires no less than the identification of every ineligible prescription submitted to the government for payment. This view of Relator's pleading obligation may fit a scenario where the alleged fraud is confined to a small number of transactions about which Relator had knowledge. However, where the alleged scheme of fraud is complex and far-reaching, pleading every instance of fraud would be extremely ungainly, if not impossible. Courts facing similar claims under the FCA have not placed the bar so high as to require pleading with total insight. See United States ex rel. Thompson v. Columbia/HCA Healthcare Corp.,
To be sure, when a relator has access to the information regarding the alleged false claims, merely alleging a fraudulent scheme may not be sufficient. See, e.g., Eastman Kodak Co., 98 F.Supp.2d at 147-148 (holding that the chief financial officer of a hospital had sufficient access to the allegedly false cost reports resulting from the false invoices to require him to plead at least one example of a false claim with particularity). Although the Relator here does not identify specific prescriptions for Medicaid patients for off-label uses made by doctors in reliance on the fraudulent representations, Franklin (unlike the relator in Eastman Kodak) does not reasonably have pre-discovery access to that patient-specific information.
When considered alongside the disclosure, the complaint amply details both a general framework of the purported Medicaid fraud and provides more specific information on the individuals, locations, the precise statements alleged to be false and time-frames involved. The complaint therefore satisfies the requirements of Rule 9(b) with respect to the off-label sale of Neurontin for Medicaid reimbursement (Counts II, IV, and VI).
b. Veterans Administration
Even when read alongside Relator's disclosure, Count I, which generally describes an FCA claim for promoting offlabel
c. Accupril
Count IX alleges the illegal promotion of Accupril. According to Franklin, the medical liaisons were told to tell physicians, including those at the Veterans Administration, that if a patient is on any other ACE inhibitor but Accupril, the studies showed that these patients would have more heart attacks, require more procedures, and die sooner. Relator alleges there was no credible scientific data to support these claims. (Disclosure at 28.) However, unlike the claims involving Neurontin, the Disclosure does not identify the liaisons involved in the fraud, the doctors who were given false information, or any false claims made. It is dismissed.
B. Failure to state a claim
1. Motion to dismiss standard
"Like a battlefield surgeon sorting the hopeful from the hopeless, a motion to dismiss invokes a form of legal triage, a paring of viable claims from those doomed by law." Iacampo v. Hasbro, Inc.,
2. Causing submission of false Medicaid claims
The FCA provides:
31 U.S.C. § 3729(a) (emphasis added). An action may be brought under the False Claims Act only if there is "(1) ... a false statement or fraudulent course of conduct; (2) made or carried out with the requisite scienter; (3) that was material; and (4) that caused the government to pay out money or to forfeit moneys due (i.e., that involved a `claim')." Harrison, 176 F.3d at 788. As stated in United States v. Neifert-White Co.,
Id. at 232-33, 88 S.Ct. 959 (quotations and footnote omitted).
Here, the Relator has alleged in Counts II, IV, and VI that Parke-Davis has caused the submission of numerous off-label prescription for Neurontin to the Medicaid program through both its fraudulent statements about the safety and efficacy of Neurontin and its system of unlawful financial incentives and kickbacks to doctors who prescribe Neurontin.
Defendant does not dispute that an off-label prescription submitted for reimbursement by Medicaid is a false claim within the meaning of the FCA. Cf. Peterson v. Weinberger,
First, Defendant argues that Relator cannot use the FCA as an end-run around the enforcement provisions of the FDCA by creating a cause of action for money damages. Although the FDCA forbids the marketing of drugs for off-label uses, see 21 U.S.C. § 331(a) & (d), it does not provide the government with a civil damage remedy to enforce the ban on off-label marketing.
It is true that the FCA cannot be used to enforce compliance with every federal law or regulation. See United States ex rel. Cantekin v. Univ. of Pittsburgh,
Nonetheless, the FCA can be used to create liability where failure to abide by a rule or regulation amounts to a material misrepresentations made to obtain a government benefit. See, e.g., United States v. White,
Second, Defendant argues that an impermissible off-label promotion does not necessarily include a false statement or fraudulent conduct. For example, it points out, off-label promotion of a drug might simply consist of a representative of a pharmaceutical company distributing the finding of one doctor's experience with an off-label use of a particular drug to other physicians. However, Relator alleges more than a mere technical violation of the FDA's prohibition on off-label marketing. The gravamen of Relator's claim is that Parke-Davis engaged in an unlawful course of fraudulent conduct including knowingly making false statements to doctors that caused them to submit claims that were not eligible for payment by the government under Medicaid. Thus, the alleged FCA violation arises—not from unlawful off-label marketing activity itself— but from the submission of Medicaid claims for uncovered off-label uses induced by Defendant's fraudulent conduct. Cf. United States ex rel. Marcus v. Hess,
Third, Defendant argues that Relator has not stated a claim because he has not accounted for the independent actions of the physicians who wrote the off-label prescriptions and the pharmacists who accepted and filled the off-label prescriptions. In other words, Defendant argues that—as a matter of law—Relator's allegations cannot establish the causation requirement of the FCA because the actions of these professionals were an intervening force that breaks the chain of legal causation. See Cantekin, 192 F.3d at 416 (applying intervening cause analysis to claim under the FCA). Under black letter law, however, such an intervening force only breaks the causal connection when it is unforeseeable. See id. Accord D. Dobbs, et al., Prosser and Keeton on Torts § 44, at 303-04 (5th ed. 1984) ("The courts are quite generally agreed that [foreseeable intervening forces] will not supersede the defendant's responsibility."); Restatement (Second) of Torts § 443 (1965) ("The intervention of a force which is a normal consequence of a situation created by the actor's ... conduct is not a superseding cause of harm which such conduct has been a substantial factor in bringing about."). In this case, when all reasonable inferences are drawn in favor of the Relator, the participation of doctors and
Finally, Defendant argues that Relator's claim fails because he does not allege that false statements made by Parke-Davis to doctors were material to the government's decision to pay the claim for off-label prescriptions of Neurontin. Liability under the FCA, however, is not limited only to false statements or claims made directly by the Defendant to the government. The Act "reaches beyond claims which might be legally enforced, to all fraudulent attempts to cause the Government to pay out sums of money." Neifert-White Co., 390 U.S. at 233, 88 S.Ct. 959 (internal quotations omitted). Relator has adequately alleged that Parke-Davis knowingly caused the submission of these false claims through a fraudulent course of conduct in violation of 31 U.S.C. § 3729(a). The fact that such prescriptions are for an off-label use is material because, as the Defendant does not dispute, the government would not have paid the claims if it had known of the use for which they were being submitted. See S.Rep. No. 99-345, at 9 (1986), U.S.Code Cong. & Admin.News 1986, pp. 5266, 5274 (stating that "claims may be false even though the services are provided as claimed if, for example, the claimant is ineligible to participate in the program").
To be sure, Relator's theory of liability takes the parties into territory that is not well charted by the existing decisional law. Nonetheless, the statutory language— which must provide the touchstone for the Court's analysis—supports Relator's somewhat expansive claim. See 31 U.S.C. § 3729(a) ("Any person who ... knowingly ... causes to be presented, to... the United States Government ... a false or fraudulent claim for payment or approval [or] ... knowingly ... causes to be made or used, a false record or statement to get a false or fraudulent claim paid or approved by the Government ... is liable") (emphasis added). Moreover, the terms of the FCA must be read liberally in accordance with their remedial purpose. See Neifert-White Co., 390 U.S. at 232-33, 88 S.Ct. 959 (noting that "the Court has consistently refused to accept a rigid, restrictive reading" of the FCA and that "[t]his remedial statute reaches beyond `claims' which might be legally enforced, to all fraudulent attempts to cause the Government to pay out sums of money.").
3. Kickback claim
Count V of the complaint alleges a FCA claim based on violations of the Medicaid Antikickback provision, 42 U.S.C. § 1320a-7b(b). Under the antikickback provision:
42 U.S.C. § 1320a-7b(b)(2).
Relator contends that Parke-Davis violated the antikickback provision
Contrary to Relator's argument, a violation of the federal antikickback provision is not a per se violation of the FCA. In order for the antikickback violation to be transformed into an actionable FCA claim, the government must have conditioned payment of a claim upon the claimant's certification of compliance with the antikickback provision. See Thompson, 125 F.3d at 902. That certification may be proven by evidence showing the claimant expressly agreed to abide by the law as a condition of payment. See Gublo v. Novacare, Inc.,
In the absence of an affirmative certification, some courts have found "implied certification" by virtue of the defendant's participation in the federal program. See, e.g., United State ex rel. Pogue v. American Healthcorp, Inc.,
At this point, Relator has not provided allegations regarding two crucial components of its theory. Relator has failed to allege that physicians either expressly certified or, through their participation in a federally funded program, impliedly certified their compliance with the federal anti-kickback statute as a prerequisite to participating in the federal program. This Count fails for a different reason as well. Parke-Davis argues that no False Claims Act anti-kickback case has ever extended the "false certification" or the "false implied certification" theory to cover claims filed, not by the defendant, but by third parties. While Defendant's payment of kickbacks may well be illegal, a claim under the FCA will fail unless Relator alleges that Parke-Davis caused or induced a doctor and/or pharmacist to file a false or fraudulent certification regarding compliance with the anti-kickback statute.
4. Clinical Trials
Count IV alleges that Defendant engaged doctors to perform clinical trials using Parke-Davis drugs in violation of FDA regulations requiring that the drugs for such trials be provided at no cost. Cf. 21 C.F.R. § 312.7 (prohibiting manufacturer from charging for an investigational new drug in a clinical trial without the prior written approval of the FDA). This count is an example of the Relator improperly seeking to use the FCA as a means to enforce various regulatory proscriptions of the FDA. See Pogue, 914 F.Supp. at 1513 (The FCA "was not intended to operate as a stalking horse for enforcement of every statute, rule, or regulation."). It is dismissed. While Parke-Davis may well have violated this regulatory provision, there is no allegation that in doing so it fraudulently caused the submission of a false claim for reimbursement.
The Defendant's Motion to Dismiss (Docket No. 58)is
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Letter from alleged Sean Taylor shooter introduced as evidence
Eric Rivera's own words, hatching a plan to tamper with a key witness in the Sean Taylor slaying, came back to haunt him Wednesday.
Jurors heard from a letter written by Rivera while in jail, in which he instructed his cousin in Fort Myers to persuade the witness, Areyale Boston, to lie to police.
"Ya'll just handle Areyale ASAP and I'll be straight," Miami-Dade prosecutor Reid Rubin said, reading Rivera's letter aloud in court.
Rivera, 23, is accused of gunning down the former University of Miami and Washington Redskins football star during a botched burglary in November 2007. Prosecutors say Rivera and four pals drove in a rented SUV from Fort Myers to Palmetto Bay, looking for a stash of cash.
Rivera, surprised that Taylor was home, fatally shot Taylor just outside the master bedroom, according to prosecutors. Rivera, in a video-taped statement not yet presented in court, confessed in detail to the murder, authorities say.
Cellphone and toll records place the group of friends in South Miami-Dade at the time of the shooting. Boston, a friend of the group, testified Tuesday that the young men all showed up together to her home in the rented SUV, soon after the homicide, at about 3 a.m. She also testified that they ditched tools — police believe they were used to break into Taylor's home — outside her home.
Police came into possession of Rivera's letter by pure chance.
Lee County deputies testified Wednesday that months after Rivera's 2007 arrest, they tried pulling over a car for speeding in Fort Myers. Rivera's cousin, Jairus Brice, the passenger, leaped from the car and ran away.
When a deputy caught him, he found the letter in the man's back pocket. He saw the word "murder" in the first few lines and turned the letter over to Miami-Dade homicide detectives.
Rivera's DNA was found on the seal of the envelope.
In the letter, which had been kept by the court under seal until Wednesday, Rivera did not admit to the killing, but acknowledged that Boston's testimony was "gonna hurt the worst." He told Brice to schmooze Boston, suggesting if she didn't change her story she would run afoul of Brice's "people."
Rivera wrote that all he needed was for "Areyale to say the story I want her to say and the prosecutor won't have no case against me." He also wrote: "Check this out cuz, the murder case is the hardest case to get someone on. They ain't got enough on me whatsoever. All they got is [my] statement."
Rivera also instructed Brice to burn the letter.
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Today Nelson Rolihlahla Mandela is 94 years of age. He is a universal hero. I have met him several times. The first occasion was in early March 1990, soon after his release from jail. P.V. Narasimha Rao, Anand Sharma and I were deputed by Rajiv Gandhi to convey to the great man the greetings of the Congress Party on his release. The three of us met him in a village outside the then Tanzanian capital, Dar-es-Salaam.
Meet with Rajiv Gandhi
My very special Mandela memory is of the first Mandela-Rajiv Gandhi meeting in Windhoek, the capital of Namibia, on March 20, 1990. Rajiv Gandhi and I were there to participate in the independence day celebrations on March 21, 1990.
The South African flag was lowered. The Namibian flag unfurled. It was a historic moment. Sam Nujoma, the prisoner of yesterday, became President on that memorable day.
The moment Rajiv and Mandela met, they connected. The age gap melted away. Rajiv Gandhi's opening words were, "Mr. Mandela, when my daughter heard that I would be meeting you, she said I should think of her when I shook hands with you. I am thinking of her now." I sat in silence. I thought of the closing remarks of the speech Mr. Mandela made at the conclusion of his historic trial on April 20, 1964.
"During my lifetime I have dedicated my life to this struggle of the African people. I have fought against white domination, and I have fought against black domination. I have cherished the ideal of a democratic and free society in which all persons live together in harmony and with equal opportunities. It is an ideal for which I hope to live for and to achieve. But, my Lord, if needs be, it is an ideal for which I am prepared to die."
Nelson Mandela's moral apparatus is unique. So is his life. He is now in the evening of his life. In the garden outside his window many leaves have turned. The grandeur of his life continues to inspire. That inspiration will transcend time.
(The writer is a former External Affairs Minister of India.)
Keywords: Nelson Mandela birthday, anti-apartheid icon


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Titans defensive end Derrick Morgan is among the team's inactives for Sunday's game against the 49ers. Morgan missed two days of practice during the week because of a shoulder injury. He was limited last week against the Seahawks. Quarterback Rusty Smith, linebackers Zaviar Gooden, Patrick Bailey and Moise Fokou, along with center Rob Turner and tackle Byron Stingily are the team's other inactives. Share on Facebook Posted In: League News, Team News Source: Titans Insider
Our best pass rusher? Not good. not good at all. We're gonna be really thin at LB today. How is Rusty inactive as well? We have one fully healthy QB, and it's Fitz. God help us.
I think our best pass rusher is Akeem Ayers, but yea thats not a list you want to see Derek Morgan on.


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Dorothy Wordsworth: astrology, horoscope, natal chart |
Born: | December 25, 1771, 10:00 PM | |||
In: | Cockermouth, Cumberland (United Kingdom) | |||
Sun: | 4°02' Capricorn | AS: | 12°30' Virgo | |
Moon: | 27°09' Leo | MC: | 5°58' Gemini | |
Dominants: | Capricorn, Virgo, Leo Mercury, Neptune, Saturn Houses 5, 12, 4 / Earth, Fire / Cardinal | |||
Numerology: | Birthpath 8 | |||
Popularity: | 3,003 clicks, 10,625th woman, 37,449th celebrity |
Dorothy Mae Ann Wordsworth (December 25, 1771 January 25, 1855) was an English author, poet and diarist. She was the sister of the Romantic poet William Wordsworth, and the two were close for all of their lives. Dorothy Wordsworth did not set out to be an author, and her writings comprise a series of letters, diary entries, and short stories. Life Dorothy Wordsworth was born on Christmas Day in Cockermouth, Cumberland in 1771. Despite the early death of her mother, Dorothy, William and their three siblings had a happy childhood. In 1783 their father died, and the children were sent to live with various relatives. Dorothy was sent alone to live with her aunt Elizabeth Threlkeld in Halifax, West Yorkshire. After she was able to reunite with William in 1795 in Alfoxton House in Somerset...
Celebrities born the same day: Helena Christensen, Carlos Castaneda, Ingrid Betancourt, Humphrey Bogart, Annie Lennox, Dido (singer), Carole Rousseau, Tuomas Holopainen, Sissy Spacek, Louise Bourgeois, Olivier Sitruk, Noël Mamère, Jillie Mack, Anwar Sadat, Helena Rubinstein... List of all the celebrities born on December 25.
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Pressure on Donaire to boost PH ring stock
WITH Brian Viloria losing his two titles last Saturday and Manny Pacquiao getting knocked out late last year, the Philippines turns to Nonito Donaire Jr. to boost the country's stature in boxing when he clashes with the unbeaten Guillermo Rigondeaux of Cuba this Saturday (Sunday morning in Manila) in New York City.
Donaire, adjudged the 2012 Fighter of the Year by all media entities, will try to add the World Boxing Association junior bantamweight title of Rigondeaux to his WBO crown in the title unification bout set at Radio City Music Hall.
Although favored as the more experienced and stronger fighter, Donaire (31-1-0 with 20 knockouts) is under pressure to perform well against the Cuban champ (11-0-0, eight KOs) following Viloria's dethronement as WBO and WBA flyweight king by Juan Francisco Estrada of Mexico three nights ago in Macau.
Viloria's fall came just a few months after Pacquiao, fighting Mexican arch rival Juan Manuel Marquez for the fourth time, was knocked out late in the sixth round in Las Vegas.
A week before the fight, Donaire and Rigondeaux vowed to knock each other out as they traded barbs again over the Internet.
Donaire, in an interview with premier website boxingscene.com said Rigondeaux is not as experienced as his previous victims Fernando Montiel and Jorge Arce. He knocked out Montiel in the second round in 2011 and put away the former four-division champion Arce in three rounds last December.
Rigondeaux shot back, saying he would shut Donaire's mouth on fight night with the plan he has devised with his coach Pedro Diaz, the man who steered him to two Olympic gold medals.
"This is a golden opportunity for my career," Rigondeaux was quoted as saying in the boxingscene report. "I will be facing the best at 122 (Donaire). But if he thinks I'm easy, then I'm going to win.
"I'm going to shut that stubborn Filipino's mouth and I will unify the titles."
For his fight against the shorter Rigondeaux, Donaire reportedly sparred with shorter southpaws like Erick de Leon and Vic Pasillas.
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Member: Opus Dei Focused On Religion Not Politics
By editor
Mar 30, 2012
Rick Santorum's ties to the Catholic group Opus Dei have been recently highlighted in news reports. Guest host Jacki Lyden continues the conversation about Opus Dei with long-time member, John Coverdale. They discuss the role of religion in politics and address claims that the group promotes a conservative political agenda.