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Divine Diving
Diving in Komodo
Welcome to Divine Diving, a 5* PADI Dive Centre in Labuan Bajo on the beautiful island of Flores in Indonesia.
The Komodo National Park is one of the most exciting and pristine dive areas in the world! We offer liveaboard cruises and diving day trips on our comfortable and spacious boats. Snorkelers are welcome, too! We also combine our diving trips with island trekking to see the infamous Komodo dragons.
Want to learn diving or improve your skills? Our experienced PADI instructors will mentor you throughout our range of diving courses and teach you new diving skills.
Be sure to check our Blog and Facebook Page for current news and updates about the diving in Komodo and life in Labuan Bajo!
Questions? Read our FAQ and do not hesitate to contact us!
10 years Divine Diving.
We like to celebrate this with you!
Please contact us for our VERY SPECIAL birthday offer!


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When you own a small business, one of the most difficult tasks is to clear your mind—to put the business aside for a few hours and devote yourself entirely to something else. After all, this is the baby you conceived, nurtured, and that now demands your constant attention.
Some people seek mental release in meditation, others in yoga. Stephanie McLaughlin, AS'95, owner of Savoir Faire Marketing/Communications in Manchester, N.H., finds her mental and physical release in aerial circus.
On Wednesday afternoons, when she used to be chained to her desk, you can find McLaughlin at Bare Knuckle Murphy's boxing gym in Manchester, hanging upside down, spinning, and flipping from two strips of cloth that hang from the towering rafters of the converted armory.
"Think Cirque du Soleil—those ladies hanging, swinging, climbing, and dropping from the silk ribbons hung from the sky," she says. "While I won't be performing in Cirque anytime soon, I've spent the last year building strength and skills, and I'm now doing things that blow my mind."
For now, McLaughlin is working pretty close to the ground, practicing and developing her moves before she takes them skyward. Safety, after all, is one of the priorities of the Go Ninja aerial skills workshop, which leases space at the boxing gym.
"In order to do this, you have to be 100 percent focused," says McLaughlin. "Nothing else can creep into your mind, not your business, not the laundry, not the clients—nothing."
Like ballet, which McLaughlin studied from age 7 to 27, aerial skills require a great deal of strength in your arms, shoulders, core, back, and even wrists.
"You hurt in places you didn't even know you had muscles," she says.
McLaughlin is currently working on a move in which she goes from a sitting position, known as the "diaper wrap," through a series of complex moves into an upside-down position called the "gazelle." It's meticulously choreographed in slow motion for now; when she masters the move, her airborne gymnastics will climax in a twisting plummet into an upside-down ballet pose.
"It's a real 'wow' maneuver," says McLaughlin. "I'm a small-business owner, so it takes a lot to get me away from my desk. But I'm totally captivated by this. It's addicting."

subset: commoncrawl


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I had a very nasty encounter with another dentist that drove me to seek a new dentist. A friend referred me here. I was not expecting the red carpet treatment, but that is what I got. They went above and beyond with the service. I have very bad teeth and need extensive work. But my budget has me very limited on what I can do. Instead of drilling me on what I "have to have", the dentist did what I wanted. She explained ALL my options very clearly and was very gentle. I could not ask for better treatment! They definitely understand that if you take care of your patients/customers, it will pay off. I will be back, I will tell everyone I know to go here!


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plant quick find clear
Although it looks like an ornamental grass, most of which need full sun and thrive in hot, dry conditions, clump-forming sedge is completely different. For one thing, it's a sedge, not an ornamental grass. And it prefers shade along with moist soils (making it a great plant to tuck among the hostas).
But like an ornamental grass, sedge has colorful arching foliage, most notably in beautiful glowing yellows, that is evergreen in warm climates and semievergreen in cold areas.
Part Sun, Shade
From 6 inches to 3 feet
6-30 inches wide
Flower Color:
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how to grow Sedge
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more varieties for Sedge
'Bowles Golden' tufted sedge
Carex elata 'Bowles Golden' has slender, bright golden green foliage. Plants form fountains of golden yellow that are 30 inches tall. Zones 5-8
'Fox Red' curly sedge
Carex buchananii 'Fox Red' has upright, arching bronze foliage that reaches 30 inches tall. Its unique foliage color is an attention-grabber. Zones 5-9
Golden sedge
Carex elata 'Aurea' lights up dark corners with its yellow-edged bright green leaves. It grows about 2 feet tall. Zones 5-9
Island Brocade sedge
Carex ciliatomarginata 'Shima-nishiki' (sometimes also called Island Brocade Carex siderosticha), forms a dense groundcover with variegated leaves 6 to 9 inches long. Zones 5-8
Japanese grass sedge
Carex morrowii forms 18-inch-tall clumps with 1/2-inch-wide glistening green leaves. Zones 5-9
Variegated Japanese grass sedge
Carex morrowii 'Variegata' differs from the species in having a broad white stripe down the center of each leaf. Zones 5-9
Variegated Japanese sedge
Carex oshimensis 'Evergold', sometimes called Carex hachijoensis, is a low-growing plant with creamy yellow variegation. It is hardy in Zones 6-9.
plant Sedge with
This plant hardly grown 40 years ago is now one of the most commonly grown garden plants. But hosta has earned its spot in the hearts of gardeners -- it's among the easiest plants to grow, as long as you have some shade and ample rainfall.Hostas vary from tiny plants suitable for troughs or rock gardens to massive 4-foot clumps with heart-shape leaves almost 2 feet long that can be puckered, wavy-edged, white or green variegated, blue-gray, chartreuse, emerald-edged -- the variations are virtually endless. Hostas in new sizes and touting new foliage features seem to appear each year. This tough, shade-loving perennial, also known as plaintain lily, blooms with white or purplish lavender funnel-shape or flared flowers in summer. Some are intensely fragrant. Hostas are a favorite of slug and deer.
Named for the Greek goddess of the rainbow, iris indeed comes in a rainbow of colors and in many heights. All have the classic, impossibly intricate flowers. The flowers are constructed with three upright "standard" petals and three drooping "fall" petals, which are often different colors. The falls may be "bearded" or not. Some cultivars bloom a second time in late summer. Some species prefer alkaline soil while others prefer acidic soil.Shown above: Immortality iris


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Three NCAA Div. III national titles
ST. LOUIS, MO.—The Central College volleyball team won its final match at the Washington-St. Louis (Mo.) Invitational tourney before adding another victory against Webster (Mo.) Saturday.
The Dutch (17-8) defeated Elmhurst College (Ill.) in 23-15, 25-21, 25-20, 23-25, 15-13 in their morning match-up before heading to nearby Webster Univ. (Mo.) for a 25-20, 25-11, 21-25, 25-20 victory over Webster (Mo.) to cap the weekend with a 3-1 record.
Outside hitter Amy Golly (sophomore, Ankeny) led the Dutch attack against Elmhurst (11-11), racking up 15 kills and 20 digs in the five-setter. Outside hitter Tess Reinig (freshman, Manchester, West Delaware HS) had 13 kills, middle hitter Lindsay Jennings (senior, Atkins, Benton HS) had nine kills and six blocks, while outside hitter Caitlin Kouba (sophomore, Dubuque, Walhert HS) added eight kills, five blocks, and 15 digs. Setter Maggie Synder (Alexandria, Minn., Jefferson HS) had 31 assists and 19 digs and defensive specialist Chelsea Grieger (sophomore, Pella) recorded 29 digs.
Against Webster, Kouba had 11 kills and hit .478, Jennings had 10 kills and four blocks, and middle hitter Kiley Meyers (sophomore, Grundy Center) had 10 kills.
"We got our offense running much more explosively than it's been for a while," coach Kent Clayberg said. "We had a lot more rhythm to our offense."
Reinig, who made her first collegiate start Friday night, continues to be a nice surprise.
"Tess was outstanding," Clayberg said. "She did nice job."
The Dutch return to Iowa Conference play Tuesday, facing Luther College (16-6 overall, 3-1 conference) in a 7:30 p.m. match at P.H. Kuyper Gymnasium. Central defeated the Norse last year at Decorah in five sets.


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Wenatchee Wildfires
Wildfires are sweeping through the Wenatchee area and evacuations are in effect for certain...
< Amanda Knox Retried In Italy?
Mar 25, 2013 07:04
Category: General News
Category: General News
Cyprus Reaches Bailout Deal
NICOSIA, Cyprus (AP) — Lawmakers in Cyprus say it's painful, but a bailout deal reached today is better than the bankruptcy alternative. Cyprus agreed early today to slash its oversize banking sector and make large account holders take losses to help pay to secure a last-minute, $13 billion bailout. Banks have been closed for more than a week in Cyprus.


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Join the Conversation
Why don't we just listen to
Why don't we just listen to the poor speak? Why do we need to speak on their behalf? Is it that we live in a plutocracy and the rulers won't listen to the poor? But our rulers will listen to us. They ARE us. They're our wives, our husbands, our neighbors. They share the same pew as us on Sunday morning. Those of us who read Christian Century--or most of us anyway--are no more poor or neighbors of the poor than they are.


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CINCINNATI, Ohio — Beginning today, Kroger consumers who shop the bread aisle will be met with stanchion signs bearing the message "Bread. It's essential for your memory." The retailer's efforts are part of the Grain Foods Foundation's campaign to promote consumption of white bread as a source of folic acid, which has been linked to improved memory function. The signs will appear in Kroger's 2,500 locations through December, while floor decals bearing the same message will be featured during ...
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Home > Biosolids > Biosolids Resources > NBP July 15, 2011 E-Newsletter
July 15, 2011
Catherine (Cathy) Gerali, District Manager for the Metro Wastewater Reclamation District in Denver, CO, the largest wastewater treatment provider in the Rocky Mountain West, was appointed by WEF President Jeannette Brown to serve as the new NBP Steering Committee chair, effective July 1. Cathy replaces Dick Lanyon who recently retired from the Metropolitan Water Reclamation of Greater Chicago. A veteran of the Metro District since 1982, Ms. Gerali has been responsible for the District's long-term capital planning and financing since the early 1990s. As the strategic planning and internal control officer, Ms. Gerali gained 25 years of experience with the District's rate setting programs, including annual charges and connection fees. With her promotion to Deputy Manager in 2005, Ms. Gerali was a driving force in the proactive approach the Metro District is using to build and finance its extensive capital improvements program, which is projected to incur costs of $1.3 billion over the next ten years.
In January 2008, Ms. Gerali was unanimously selected by the 67-member Board of Directors to be the Metro District's first woman District Manager. Since this decision, the District has marked several historic milestones, including adding two new Member Municipalities, which has not occurred since the early 1970s. Ms. Gerali holds an MBA from the University of Colorado at Denver. She graduated from the University of Texas at Dallas in 1981 with a BS in Business and Public Administration. She is an active member of the National Association of Clean Water Agencies (NACWA) and the Water Environment Federation, currently serves as Vice-Chair on the Water Environment Research Foundation Board of Directors, serves on the Board of the Clean Water America Alliance, and has been a frequent presenter at industry conferences including NACWA, WEFTEC, and the Construction Management Association of America.
This no charge webcast, hosted by the National Biosolids Partnership (NBP) and the Water Environment Research Foundation (WERF), provides timely information and results from the Terminal Island Renewable Energy (TIRE) program at the City of Los Angeles, CA. With more than 3 years of work, funding and support from various sources including the US Environmental Protection Agency, US Department of Energy, National Science Foundation, and the City of Los Angeles, this program demonstrates an innovative method of biosolids management that provides both short and long term benefits. These range from the enhanced treatment, sterilization, and management of biosolids; a smaller carbon footprint that reduces greenhouse gas emissions to the environment and, and provides a potential source of clean renewable energy. The City of Los Angeles biosolids environmental management system has been certified by the NBP. The webcast will be held on Wednesday, July 27 from 2:00 – 3:30 pm Eastern Time. ON-LINE REGISTRATION More Information on WEF Conferences Web Page
WEF is seeking technical assistance to help with the development of a baseline of current and potential use of biogas at U.S. wastewater treatment plants (WWTPs). Through the RFP, WEF is seeking to assess the current and potential use of biogas from WWTPs for energy production and identify opportunities to support expanded biogas use through WEF's core focus areas. The final report will provide supporting information to help improve the development of programs, technology, and policy to encourage biogas production from anaerobic digestion. Interested parties may submit a proposal that includes a description of the proposed technical approach, qualifications and experience, as well as a detailed cost proposal. Click here to download the complete RFP. The submission deadline for the request for proposals (RFP) is 5:00 p.m. EDT, Wednesday, July 27, 2011. Questions may be directed to Barry Liner, Director of WEF's Water Science & Engineering Center at firstname.lastname@example.com.
The New England Organics Hawk Ridge Composting Facility, located in Portland & Unity, Maine successfully maintained its NBP environmental management system certification through an interim audit concluded by DEKRA Certification, Inc. on April 28, 2011. The audit determined that: New England Organics biosolids management system is generating positive outcomes and functioning as intended, with five minor exceptions, no major nonconformances and five minor nonconformances were found with respect to the audit criteria, approved corrective action plans are in place to address the nonconformances, and all nonconformances from prior third party audits have been effectively corrected. Based on results of this audit, DEKRA continues its Verification that the New England Organics biosolids management system meets the expectations and requirements of the NBP EMS Elements. We recommend continuing certification within NBP's Biosolids Management (EMS) Program. 2011 Interim Audit Report
To view NBP Certified and Active Organizations, click here
To view NBP EMS Documents, click here
The July 10 Duluth, MN News Tribune reported that Field Green fertilizer from Western Lake Superior Sanitary District, Duluth, MN is crossing the state line to be spread on Wisconsin farm fields. It's part of an effort by WLSSD to expand its service area for Field Green. WLSSD staff worked with the Wisconsin Department of Natural Resources, county extension and township officials to open up the Wisconsin market. And, while each individual field must be approved by the DNR, Wisconsin has approved the overall WLSSD system as safe. That's opened up potentially dozens of new farms for Field Green. Full Story
Appleton, WI Compost Site Seen as Money-Saver
The July 4 Appleton, WI Post Crescent reported that two years ago, city leaders were exploring whether a compost site was what Appleton needed to keep taxpayers from bearing the cost to build a $1 million sludge storage facility. Crews last summer set up a site at Outagamie County landfill near Little Chute for composting a mix of sludge, wood chips, leaves and grass clippings. The cost of the clay pad was about $88,000. It sits on 4.5 acres. The goal was to prove the material pile could be converted into a nutrient-rich fertilizer that in the long run saves tax dollars. Since the city and county's partnership, no one has been talking about the need to build extra storage for the sludge treated at the wastewater treatment plant. City officials have said about 3,000 tons, or 6 million of the 40 million pounds of biosolids produced annually at the wastewater treatment plant, would be used to create the compost. Full Story
The Orange County Sanitation District in Fountain Valley, CA is pleased to introduce a brochure that takes a virtual tour with their Biosolids Team to see what it takes to make premium biosolids. Each step of the way, the team show their passion and pride to protect the environment. OCSD is especially pleased to offer this information in English and Spanish. These brochures are distributed to their entire value chain including biosolids contractors' facilities and drivers.
The July 8 Halifax, Nova Scotia Daily Commercial News reported on the completion of a $300-million-plus project built in stage since 2003 that includes three advanced primary wastewater treatment facilities and a new biosolids processing facility and associated sewage treatment plant is located near the Stanfield International Airport in Halifax. The three treatment plants cost $137 million. The collection system, including underground piping infrastructure, through Halifax cost $112 million. $12.5 million went for the biosolids processing facility. Full Story
Chris Peot, Biosolids Manager for DC Water, held a recent radio interview to discuss its biosolids management practices in several Virginia counties. Charlettesville, VA Interview is halfway down the following Link (see Chris Peot WINA biosolids discussion – mp3)
To view NBP News Center, click here
To view biosolids contacts across the nation, click here
The Northwest Biosolids Management Association (NBMA) will hold its 24th Annual Biosolids Management Conference at Skamania Lodge in Stevenson, WA on September 11-13. Early registration fee of $415 includes all conference materials, 2 breakfasts, 2 lunches and the conference banquet. Registration will open June 30. Continuing education units will also be available. You can reserve your hotel room now ($134 - $176 per night) by calling 1-800-221-7117 - request the "biosolids" room rate. Do you have a biosolids project to share? Reserve your poster space by sending your poster title, authors, short description and contact information to Dana Devin-Clarke, email@example.com by July 29, 2011.
To view WEF conferences and webcasts, click here
The Mid-Atlantic Biosolids Association (MABA) is sponsoring the Sustainable Biosolids Technology Symposium, August 10 and 11, at Wesley College, in Dover, Delaware. The symposium will feature national experts on biosolids stabilization (anaerobic and aerobic digestion and lime stabilization approaches), pathogen reduction, dewatering and drying, enhanced product preparation, and land application. Technology companies will be explaining their latest equipment and processes, and ample time is scheduled for networking among agencies, technologists and consulting engineers. A field trip is scheduled for the afternoon of Day 2. Kershner Environmental Technologies has invited attendees to visit the newly- installed Parkson Solar Dryer at the Kent County wastewater treatment plant.
WEF is hosting a one-day seminar on August 2 at the Hyatt Regency McCormick Place in Chicago, IL. The seminar will focus on various aspects of stormwater utility management. The need for funding across the water sector continues to be a challenging topic, and while water/wastewater utilities have a long track record of well-grounded funding systems, the topic of user-based fee structures to pay for stormwater collection and management is a developing and dynamic field. Draft Agenda as of 6/1/11 To support this growing and evolving need, specific topics that will be covered include:
Online Registration More information


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Winning Years: 2008, 2007, 2006, 2005, 2004
Industry: Hospitals/Health care
Location: Crystal Lake, Ill.
Website: www.centegra.org
2008 Rank: 28
Highlights of 2008 Winning Strategies
Centegra Health System's Alumni Nurse Program hires retired nurses to mentor younger nurses and to fill key patient-care needs. The company's phased-retirement program offers flexible-scheduling options, such as part-time work, compressed work weeks, a registry associate program, a weekender program, job-sharing, summers off, and long-distance contract work.
Additional Policies and Practices:
Recruiting: Centegra uses placement agencies for older job-seekers to target mature workers and retirees. The health system recruits recent retirees from the military and police professions for security positions.
Workplace Culture/Continued Opportunities: Centegra offers the following learning and development programs to full- and part-time employees: tuition reimbursement, in-house classroom training, online training, certification classes, Human Dynamics diversity courses, nursing symposiums, and leadership development. Centegra offers tuition reimbursement exclusively to those working at least eight hours per week. In the past 12 months, 93 percent of Centegra employees participated in at least one of its training opportunities with an average of 47 hours spent in training.
The health system celebrates long-service anniversaries with announcements, parties, and awards. Centegra has made benefit enhancements to meet employee requests, including a loan-forgiveness program; improvements to the accrued time-off benefit; enhanced medical and dental benefits; increased adoption-related expenses; added long-term care insurance; added portable, supplemental insurance; mortgage services; concierge services; and financial-planning assistance.
Employees gain experience and develop new skills by job shadowing, by working on temporary assignments in other departments and on team projects, and also via access to formal job-rotation programs. Employees with unique needs receive job reassignments and JAWS (assistive computer software that enables both speech synthesizers and magnification of documents).
Benefits/Health: Employees working at least eight hours a week receive individual and family medical coverage, individual and family prescription-drug coverage, individual and family vision and dental insurance, and short-term disability. Long-term disability is offered exclusively to those working at least 36 hours per week. Centegra also offers flexible-spending accounts to employees to help them with out-of-pocket health care costs.
Benefits/Financial: Centegra offers a 401(k) retirement savings plan, with an employer match, to its full- and part-time employees. Employees may invest in lifecycle funds and age-50+ employees can make catch-up contributions. Employees receive financial-planning information from staff members, from the firm that administers their retirement plan, and from external experts not associated with their retirement plan.
Employees are offered short-term time off without pay for caregiving. In addition, the health system has a Caring Friends Program, which allows associates to donate their accrued time off to other associates or to the accrued-time-off bank. The following dependent-care benefits are offered to full- and part-time employees: on-site and backup care for children and grandchildren and for eldercare, and referral services to assist with daycare for children and grandchildren.
Full- and part-time employees are offered the following wellness programs: flu shots, health screenings, health-risk appraisals, smoking-cessation programs, health club discounts, physical activity and exercise programs, weight-loss programs, and stress management training. Fifty-two percent of employees have used at least one of the wellness benefits during the past 12 months. Centegra's Wellness for Life Program is an internal health-promotion program that gives employees information on health-related topics, identifies individual health concerns, and offers resources on how to live healthier lifestyles.
Join AARP Today!
- Discounts on travel and everyday savings.
- Subscription to AARP The Magazine.
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Rothco Womens Baby Pink Camo "Booty Camp" Camo Boy Shorts Underwear
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Mark noticed something very interesting the other day, and we thought it was worth sharing. Google is now rolling your YouTube social contacts into search results for "YouTube" whenever you're logged into your Google account--this is assuming, of course, that you have a YouTube account linked with your Google account. It's a curious move, but a smart one.
Included with the standard sitelinks we're used to seeing, like "Music," "Movies," or "My Videos," we now also see usernames of people we frequently connect with. Here's a screenshot of what Mark sees now when he searches for "youtube" while logged in:
When you click on the usernames, you'll end up at that user's main Channel page.
Now, on first glance, you might think this is an unnecessary move. After all... who goes to Google and types in "youtube," right? Well, a whole heck of a lot of people do that, actually, as we learn at the end of every year when the most-searched-phrases lists are published. In fact, "youtube" was the 4th-most-searched term in 2009, and jumped up to 3rd in 2010, just behind "facebook" and "facebook login."
So Google, knowing how many users search in this manner, is simply adding a new social layer to the search experience whenever it's specific to YouTube. I think it's great, even if I won't be likely to use it myself (surprisingly, when I want to visit YouTube, I just go straight there instead of searching Google for it).
What's not clear is how the users that show up are chosen, but my guess is that it's directly tied to the amount of social behavior between those users and the searcher.
Anyone else seeing this? Is this rolled out to everyone or is it more random testing? Both Mark and I have encountered it, but there haven't been any announcements made that I'm aware of.


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Bimmian LPL56AWYY WeissLicht LED License Plate Illumination Upgrade- Module Pair For R56 Mini Cooper- Error Free- Xenon White- 6000K Illumination
Update the look of your vehicles posterior with a high-poweRed Led replacement kit. Get rid of the dull glow of OEM bulbs whether you have filament OR OEM Leds And replace it with an ultra-bright White light.Featuring a Chipset with up to 18 SMD Leds in a custom housing this product fully replaces your OEM lens. Not only do our weisslicht license plate lights have OEM fitment but they are also Plug And Play! Best of all they are completely Error Free regardless of your year And model!We have modular Led replacements for the majority of bmw vehicles within the last 15 years. For those vehicles where we do Not offer modular replacements, we offer a pair of Led bulb replacements, with 9 SMD Leds. These are a great alternative to the oem yellow bulbs, And cost less than the module replacements.The kit comes with a pair of two replacement units with a color temperature of 6000k (ultra-bright White).Removal of your existing housings is done with a screwdriver. Then it is simply of matter of unplugging your old light unit , plug in the new unit, (where applicable) And popping it back in place. Entire installation can be done in a few minutes!Our knowLedgeable staff can also assist with any questions you may have so give us a call.Module Pair For R56 Mini Cooper.Error Free- Xenon White- 6000K Illumination.
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Ladies and gentlemen, it is with great honor that I present to you the best YouTube makeup tutorial that I've seen in quite some time: Courtney Love's First and Last Makeup Tutorial! Yes folks, you heard me right. If you were ever wondering how in the world that woman manages to look so gosh darned amazing all the time, wonder no longer. Just watch.
In the beginning of this video, we see Courtney declare herself as a "skin whore", whatever that means. Next, she dons an interesting smock and what is probably a designer headband to hold her hair out of her face. Then we get to watch as she mumbles things to herself while applying eyeshadow and gives herself "drag eyes" with eyebrow pencil. She also applies "diamond dust" to her face, which I think is just another word for glitter since I don't have any knowledge of a product called diamond dust. She claims that the more you put on, the better it sticks (???).
Finally, we end the video with a fully made-up Courtney and no clue how she really finished the look. The important part is that she's doing what she loves though… right?


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The first reviews are in for Grand Theft Auto IV, and guess what? Everyone really likes it.
According to Gamerankings.com, GTA IV has an average ranking of 99.3%, making it the highest ranked game on their site.
Almost all reviewers surveyed gave the game a "perfect" score, including 1up, gamespy, IGN and gamepro.
Of course, the real test is X-Play's score, so tune in tonight at 8PM for X-Play's one-hour GTA IV special, an entire hour packed with exclusives, cheats, videos and, of course, the all important review.


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New laws restricting ownership of exotic animals and limiting puppy mills pushed Ohio up in
annual state rankings by the Humane Society of the U.S.
Ohio, which ranked 27th in the nation, was the most improved state, climbing up from 36th, according to the annual "humane" rankings done by the national group. California was No. 1 for the fourth consecutive year.
The society, which is separate from local humane societies, ranked states and the District of Columbia based on 75 animal protection issues, including animal fighting; animal cruelty; wildlife abuse; exotic animals, companion animals; animal research; farm animals; animal trapping; puppy mills, and equine protection.
Wayne Pacelle, the society's president and chief executive officer, said, the rankings are an indicator of "which states are falling behind important protections for animals, and which states are leading in the effort to create a more humane and civil society." He said Ohio "made great progress."
The organization moved Ohio up largely because of the passage of a law restricting sale and ownership of exotic animals last year, and a new puppy mill bill recently signed by Gov. John Kasich. The society still faults Ohio for failing to enact a tough law banning cockfighting.
Massachusetts, second-ranked, moved up in part for passage of a law that allows pets to be part of domestic violence protection orders and a ban on animal euthanasia. South Dakota bottomed out at 51st on the list.
The Humane Society said it successfully lobbied for passage of 74 state laws and regulations to protect animals in the past year.
The state rankings are in an online report here.
New laws restricting ownership of exotic animals and limiting puppy mills pushed Ohio up in
annual state rankings by the Humane Society of the U.S.


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SALISBURY, N.C. — Food Lion is sponsoring a "Go Green & Win Green Sweepstakes" to encourage shoppers to sign up for its paperless Shopper's Companion email newsletter. Shoppers who don't already receive the newsletter can subscribe to it, and enter the sweepstakes by providing their email address at foodlion.com. Current subscribers are automatically included in the contest. Starting tomorrow, subscriber drawings will be held every Thursday through Oct. 8, with 10 shoppers winning each ...
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Because Knetbooks knows college students. Our rental program is designed to save you time and money. Whether you need a textbook for a semester, quarter or even a summer session, we have an option for you. Simply select a rental period, enter your information and your book will be on its way!
Designed for today's students in every detail, ORGB2 was developed from hundreds of students and faculty members to provide a more engaging and accessible solution that appeals to different learning styles at a value-based price.
Created through a "student-tested, faculty-approved" review process with hundreds of students and faculty, this textbook is an engaging and accessible solution to accommodate the diverse lifestyles of today's learners. This paperback includes a suite of learning aids to accommodate the busy and diverse lifestyles of today's learners, including downloadable flash cards, videos, MP3 review podcasts, and self-quizzes that allow students to study wherever they are and whenever they have time. Designed to reach today's students, ORGB2 says it all in four letters, reflecting how this unique solution speaks in the language of today's learner.


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Really old CD players sound better
I, uh, saw a Meshuggah album at Wal-Mart today. I was, uh, shocked.
I got a new portable CD player in the mail today: a Sony D-25S that I got for cheap on eBay. It sounds freakin' awesome for a Discman. Check out this extremely in-depth review of this unit - pretty much sums it all up (and has a couple Rush references if you're desperately looking for the prog connection :). Earlier, I got myself a SlimX MP3/CD player, basically as a Christmas present - it's pretty cool, and I love it for driving, since I never have to change CDs even on an eight-hour drive. It doesn't sound nearly as good as the D-25S, though; but that's ok since all I'll use it for is traveling and driving. I'll be using the D-25S as a kind of "component" CD player until the far-off day when I can actually afford a decent stereo system.


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World No. 1 Rafael Nadal has confirmed that he will compete at the Copa Claro in Buenos Aires in February, a tournament he last played eight years ago.
The Spaniard, now 27, lost in the quarterfinals of that event in 2005, in what was his second-to-last defeat on clay before embarking on a mind-boggling 81-match winning streak on that surface.
He also plans to play another clay-court tournament in February in Rio de Janeiro, where he will be joined by countryman and world No. 3 David Ferrer.
"It was an incredible feeling when I was (in Buenos Aires) in November (for an exhibition) and I'm very excited to play the Copa Claro once again," Nadal said in a video uploaded to the event's official Web site.
The tournament's director, Argentine Davis Cup captain Martin Jaite, said Nadal's presence would be comparable to that of Brazilian Gustavo Kuerten when he played - and won - the tournament as the world's second-ranked player in 2001.
"But no doubt that considering what he means at the moment, Nadal is an even bigger deal," Jaite said of the 13-time Grand Slam champion.
Nadal played in relatively small clay-court events in Chile, Brazil and Mexico early this year, looking to ease into the 2013 season after a seven-month injury hiatus.
The change in his normal February schedule worked wonders, as the Spaniard used those events as a springboard to his eighth French Open championship and second U.S. Open title.
His outstanding season on both clay and hard courts also enabled Nadal to wrest away the No. 1 ranking from Serbia's Novak Djokovic.


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FORT PLAIN -- Another wobbly start and another furious finish from the Fort Plain Lady Hilltoppers.
After spotting Mayfield a 15-point lead Wednesday night, Fort Plain allowed Galway to score 24 first-quarter points and open up a 10-point lead after eight minutes Friday before surging behind 25 points from Abby Boyer and 18 points from Allehah Van Loan to notch a 62-46 win in WAC girls basketball action.
Haley Kilmartin added 15 points for Fort Plain (11-1, 8-0 WAC North). In a game that featured 71 total free throws, the Lady Hilltoppers were 35-of-51 at the charity stripe, led by a 15-of-18 performance from Boyer.
Erica Chase led Galway with 18 points in the losing effort. The Lady Eagles were held to just 22 points over the final three quarters and 11 in the second half.
Canajoharie 41, Saratoga Catholic 34
Alexis Kane buried four 3-pointers on her way to a game-high 16 points as the Lady Cougars edged Spa Catholic.
Jenelle Dillenbeck added 11 points and Ariannah Logan scored eight for Canajoharie, which won despite earning just four attempts at the free throw line and making only one.
Kaylie Fish scored 12 points to pace the Lady Saints.
Colonial Council
Watervilet 81, Fonda-Fultonville 42
Ailayia Demand knocked down five 3-pointers and scored 30 points, and the Lady Cannoneers erupted for 29 points in the opening quarter to power past Fonda-Fultonville.
Mikayla DeGuire added 17 points, Kiki Szczepanski scored 13 and Lashana Tolliver added 10 for Watervilet.
Emily Parslow scored 22 points to lead the Lady Braves, while Emily Frollo scored seven points and grabbed seven rebounds.
Colonial Council
Watervliet 53, Fonda-Fultonville 31
Jordan Gleason scored 22 points as the Cannoneers limited F-F to six first-half points and cruised to victory.
Watervliet knocked down seven 3-pointers in the win, while Fonda-Fultonville didn't make a single shot from beyond the arc.
Will Turner scored six of his 12 points from the free throw line to lead the Braves. Mace Madore added nine points.
Foothills Council
South Glens Falls 52,
Broadalbin-Perth 49
Joshua Hay scored a team-high 16 points as the Bulldogs edged B-P.
Rick Buser added nine points, Luke VanDixhorn added eight and Justin Ducey scored seven for SGF.
Ben Bellandi scored a game-high 23 points for B-P, which also got 11 points from Andre Taylor.
Western Athletic Conference
Fort Plain 81, Galway 34
Jake Sardina scored 13 points to lead a balanced effort as the Hilltoppers ended a three-game WAC North losing streak by crushing Galway.
Marcus Failing added 12 points and Stephen Belden scored 10 for Fort Plain, which led 24-4 after one quarter and powered home from there.
Andrew Izzo paced Galway with 11 points.
Eastern States Classic
Amsterdam 132-pounder Brandon Lapi won both of his matches Friday to advance into today's quarterfinal round at Sullivan County Community College.
Lapi, the No. 3 seed at 132 pounds, pinned Fox Lane's Frank Surace in 2:55 to open his tournament, then won a 3-1 decision over Garden City's Jack Reina to set up a quarterfinal meeting today against No. 6 seed Chris Mauriello of Hauppauge.
James Marquez is the only other Amsterdam wrestler still alive heading into today's competition. The 160-pounder went 3-1 on the mat Friday, beating Minisink Valley's Amon Gervais and Longwood's Vincent Feliciano in the main bracket before falling to No. 4 seed Stephen Aiello of Westfield in an 8-1 decision. Marquez then won his first consolation match over Scarsdale's Joe Koshakow and will face Travis Edwards of Port Jervis in the wrestlebacks today.


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I can't even believe it… but, it almost time for us to be celebrating my son's second birthday! It really feels like his first birthday was just a hop and a skip ago. Yet, next month my munchkin is turning two!
I'm not ready for this big day AT ALL. I seriously have been planning one party in my head for about three months and then decided to switch it up entirely two days ago. YIKES. The things I do have set in stone are the color scheme and the invitations. Just need to pop those suckers in the mail! (I received invitations free of charge from Tiny Prints to feature in my upcoming party. They are gorgeous!)
So, I'm obviously keeping it simple this year. As much as I like big crazy birthday parties… I have a two-year-old that still wakes up at night. I am not going to be able to go crazy. We'll be having the birthday party with friends in our backyard. Our food plans are pretty simple as well— birthday cake, fruit, veggies, and popsicles (or ice cream, haven't decided that one.)
I've had a thousand and one ideas for themes and fun decor ideas. But, I've been totally stumped on the activities. (I didn't do so bad on his first birthday activities.) Seriously though, I can't wrangle one two-year-old to do a structured activity. How am I supposed to wrangle several? Thankfully, I have very smart friends! I asked Twitter to give me some two-year-old party activity ideas and got this awesome response:
I then put the two-year-old party activity question up on Facebook and got some super ideas:
i vote Popsicles!
[…] posted some of my inspiration earlier in the month and a few of the party pics (and the story of the event) were featured […]


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Free Photoshop PSD Image Viewer not only allows you to view any PSD Photoshop file, but can also convert it into a BMP, JPEG, GIF, or PNG image. Its simple interface reflects the simplicity of the program's functionality, with just the basic controls you need to display and convert your PSD files.
Weeny Free PDF to Image Converter is a small, simple and handy tool that allows you to convert PDF documents to image files. You can choose one of the following image formats for the output image files: PNG, GIF, TIFF, BMP (Bitmap), JPEG, and WMF. The main characteristic and advantage of Weeny Free PDF to Image Converter is its simplicity.
Completely FREE PDF Writer, PDF Printer, PDF Creator or PDF Converter: NO Watermarks or Pop-up Advertisements. Make 100% industry-standard PDF files from any printable file. Just select PDFill PDF Writer as your printer from any standard application.
Gemc allows you to achieve a much better compression rate out of CD image files. It supports all known CD image file formats, such as BIN, CDI, NRG, and CCD. The program generates a new file with the ECM extension that you can then compress using your favorite compression tool. This file will give a better compression rate than the original image file, making it much easier to port.
Make your precious moments more beautiful with amazing effects. Add a professional touch to all digital images with powerful Stick Photo Star. The program is also helpful in editing tasks. Included color adjustment functionality allows the user to adjust image colors using the balance tool, or by adjusting colors with the curve tool.
Google Earth Cache Manager is a program that handle the cache of the Google Earth (dbCache.dat) and produce a satellite images (in BMP format) from cache extractions. (cache extractor using JPG Extractor from Eugeny Vedernicov -- enved[at]mail.ru --).
ACDSee Free is a simple image viewer with some extra basic functionality. This free tool not only will let you browse your photograph collection in a simple and attractive way, but it will also allow you to rotate, to zoom in and out, to print, and to share your images via Facebook and Twitter. It supports all the most popular image file formats, including BMP, GIF, JPEG, TIFF, PNG, and WMF.
Free Image Editor provides you with basic editing functionality to correct and improve your digital images in a simple and effective way. The program works seamlessly with all of the most popular image file types, such as TIFF, JPEG, PNG, GIF, or WMF, including RAW formats from various camera makes. But the program's main asset is its versatility when it comes to image capture capabilities.
All to Image Jpg/Jpeg Bmp Tiff Png Converter is powerful and versatile documents and images converting software which can export images from documents and images in batch mode. This multifunction software can help you batch convert different file formats including Microsoft office word,excel,powerpoint,pdf, htm, html, rtf, txt to image format at one time with ease.
Photo Frames & Effects Free is a comprehensive editing tool that will allow you to retouch your photos and add nice effects to decorate them. With this program you will be able to rotate, resize, adjust canvas size, flip and mirror all kinds of images. Moreover, you can perform other more advanced adjustments such as adjust temperature, auto white balance, contrast, gamma correction, etc.
HP Image Zone 3.5 has been renamed to HP Photosmart Essential 3.5 and it is a completely free software to use even if we have not got any HP device. It is now available for online downloading. It is primarily aimed at printing, it supports JPG, JPEG, BMP, PNG y GIF images. It allows us to import our photos from a memory card, printer, camera, PC, CD, scanner, etc.
Big Solitaires 3D is a remarkable collection of classic solitaire games for those who looking an alternative to the one offered by Windows. This game introduces great graphics rendered through OpenGL technology, and offers two different views of the table.
LightBox Free Image Editor is a comprehensive image editor that will allow you to correct and improve your digital photographs, apply dozens of different effects, and enhance the quality of your images. Its extensive list of tutorials and tips, together with a self-explanatory attractive interface, makes this tool the perfect image editor for any user. It supports JPEG, TIFF, BMP, and RAW files.
If looking for a simple and effective way of changing the size of a large number of pictures (or just one, for that matter), you may consider trying Fotosizer. This free utility has been built in a way that all users can benefit not only from its resizing and rotation capabilities, but also from the effects and other settings that you can apply to the resizing process.
PhoXo can help you create and edit images. In this respect, it can be used for not only drawing but also enhancing photographs. Luckily, the application supports importing and exporting images in the most popular formats. Moreover, it has its own format (oXo), which you can use to save unfinished projects.
Free Picture Resizer allows you to compress image files. You can specify what you want to resize picture for, whether you want to email them, or burn them onto a disc, and it does the rest.
DVD-Video Image Extractor is an easy to use program which effectively and easily extract or capture images from your favorite DVD-Video discs. Also the tool allows to extract one image while playing your favorite movie and also you can extract a portion of the DVD-Video.
InstantPhotoSketch is an image editing tool that can replicate a pencil sketch. It can convert images in PNG, JPG, BMP, JPEG, TIFF, TIF and GIF. When you launch InstantPhotoSketch, you have to tell it what picture you want it to work on. When you do that, a preview will appear.


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Home > About
Virgil > Discography
Derek Sherinian's first solo album. This album is not to be mixed
up as the FIRST Planet X album.
Derek Sherinian
- Planet X (1999)
Magna Carta
Derek Sherinian - Keyboards
Virgil Donati - Drums
Brett Garsed - Guitar
Tony Franklin - Bass
Derek approached me about playing on his first solo record. We organized
a time to get together and jam – just the two of us. We had
a good chemistry. He really liked my compositional concepts as well
as my drumming so I ended up contributing to the writing on the
album as well. The engineer was Tom Fletcher, who had worked with
the likes of Yes, Toto, Los Lobotomy's, and many others. He
was lots of fun to work with.


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International Edition
December, 10, 2016
About Us
Contact Us
Taiwan to decouple RQFII from passing of a cross-strait pact
By John Liu, The China Post
July 15, 2014, 12:00 am TWN
TAIPEI, Taiwan -- In the sixth cross-strait economic cooperation summit to be held next month, the government will try to cut the tie between Taiwan obtaining the Renminbi Qualified Foreign Institutional Investor (RQFII) qualification and the passage of the Cross-Strait Trade in Services Agreement.
The RQFII program allows a small number of Taiwanese financial firms to establish renminbi-denominated funds in Hong Kong for investment in the mainland. The aim being to allow overseas investors to use offshore renminbi deposits to invest in the mainland securities markets.
Under the current cross-strait negotiation framework, the RQFII standing is tied to the passing of the cross-strait services pact, which, however, is bogged down in the Legislature after a student-led mass demonstration opposing the agreement.
Sources say a preliminary meeting for the sixth cross-strait economic cooperation summit is to be held in Beijing this week.
Impact on Local Financial Institutions
With the cross-strait services pact stuck in limbo, many financial services firms have complained that their expansion of services into mainland China has been thwarted. As such, the government will aim to undo the tie between the services pact and various financial services, besides the RQFII standing.
The Chinese government may approve Taiwan's request, while asking Taiwan to open up other sectors in return, analysts said.
Authorities from both sides are also set to hold the fourth financial and banking industry talks in September. The Financial Supervisory Commission (FSC) will try to win the privilege for local banks to establish multiple branches in a province. The practice is currently allowed in Fujian Province, and the FSC has set its eyes on Guangdong Province and Jiangsu Province.
If approved, Taiwanese banks will be able to conduct Renminbi related business upon setting foot in China, instead of waiting for one year.
What Insurers and Banks Want
Chinese regulations dictate that foreign banks establishing branches in the mainland can only do so in the same city, instead of the same province, which therefore slows banks' expansion pace.
Also, many small and medium-sized banks have expressed their intention to strike inward in China. However, there is a US$20 billion asset value requirement.
According to local officials, the FSC would like to hold securities and insurance related summits with its counterparts in China as well, but schedules have not been decided yet.
Insurance companies want to have more than one investment partner in a joint venture in mainland China, and to have the right to hold a 50-percent or more stake of a joint venture with Chinese insurers. The FSC is likely to raise these issues in talks with Chinese authorities in the upcoming meeting.
Nanya Technology to buy 5 percent stake in Micron
Trump win expected to affect Taiwan economy
The Trump Phenomenon:What it means for Taiwan
Securities sector eyes fintech for development
TransAsia Airways to close down
Yang Dai-kang on making Team Taiwan
Hundreds protest Fukushima imports
7 holidays to be eliminated next year
7 long holidays for private sector in 2017
Trump-Tsai call risks Beijing's ire


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If you're one of those Walking Dead fans that don't care much about the comic but love the TV series on AMC then you're in luck, because unlike Telltale's series of games Activision's rendition of the Walking Dead will be based on that. And the game just got an official title: The Walking Dead: Survival Instinct.
The game will be set before the events of the series as brothers Daryl and Merle Dixon battle their way to Atlanta, Georgia, hoping to find safety. According to Activision Survival Instinct will be a "a do-whatever-you-need-to-survive first-person action game that brings the deep, character-driven world of AMC's Emmy Award-winning TV series onto console gaming systems and the PC in a frightening, new way. The game puts players in the role of the mysterious, crossbow-wielding survivor Daryl Dixon, alongside his overbearing brother Merle, on a haunting, unforgiving quest across the Georgia countryside to reach the supposed safety of Atlanta."
AMC also announced a new contest called The Walking Dead Dead Giveaway. During episodes of The Walking Dead fans will see clues revealed that they can later enter here. The weekly winners of this contest will get to have their photos take and made into a unique character in Survival Instinct that the players will have to track down. Each unique winner-based character will come with their own back story and death animation. Survival Instinct is in development by Terminal Reality(makes of Ghostbusters: The Video Game and Kinect Star Wars) and is expected to release in 2013 on Xbox 360, PS3 and PC.
Source: IGN
Article from Gamersyndrome.com


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Less than a month before Notre Dame's Commencement, the former Vatican ambassador Mary Ann Glendon has written President Jenkins to refuse the university's Laetare Medal, rebuffing his claim that her acceptance speech would somehow "balance" the event.
Mary Ann Glendon, a pro-life feminist and Harvard professor, today released an open letter to Notre Dame President John I. Jenkins, in which she told Jenkins that she could not speak alongside President Obama at the May 17th Commencement exercises.
In her letter, Glendon related that she was initially "profoundly moved" at the news that she would receive Notre Dame's coveted Laetare Medal. After hearing the news, she said she quickly began crafting an acceptance speech that she "hoped would be worthy of the occasion."
In March, Glendon said that she received a phone call from Fr. Jenkins informing her that she would not be giving the commencement speech, but that instead President Obama would fill that role. Upon learning of the change of plans, Gledon said that a "task that once seemed so delightful" had now been "complicated by a number of factors."
The first factor Glendon mentioned was her work as a "longtime consultant" to the U.S. Conference of Catholic Bishops, which caused her to become "dismayed" that Notre Dame "planned to award the president an honorary degree." This action, she said, would "disregard" the U.S. Bishop's "Catholic's in Political Life" document.
Glendon also rebuffed the idea that the teaching "seeks to control or interfere" with a Catholic institution's "freedom to invite and engaged in serious debate whomever it wishes."
The former Vatican ambassador also took exception to Fr. Jenkin's "talking point" that awarding the Laetare Medal to her would "balance the event." Click here to read the entire post.
Monday, April 27, 2009
Mary Ann Glendon refuses to accept Laetare Medal from Notre Dame
2 comments:
- Bill said...
It seems that everyone is getting the message except Fr. Jenkins.
I continue to pray for his converson.
- Jean M. Heimann said...
It certainly does. We need to pray that the Holy Spirit will shout out loud to Him instead of whisper in his ear and that any other voices will be silenced.
I am continuing to pray for the virtues of Humility, Obedience, and Charity.
Subscribe to: Post Comments (Atom)


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Kerby, OR — At 03:18 yesterday morning, Deputy Jason Stanton located two Albany men who were stranded at a mining claim out Forest Service Road 4105.
Terry McCarthy and Timothy Holder drove their vehicle down to the creek by the claim on Saturday and were unable to get back out due to the wet and muddy ground.
Fortunately, McCarthy and Holder told their relatives and Kerby Motel manager Mark Dowd where they were headed and what time they should be expected back.
When they hadn't returned at the specified time on Saturday night, Dowd first attempted to find the subjects in the Cave Junction area and then contacted the Sheriff's Office, just after midnight.
Sheriff's deputies also checked the valley for the subjects' vehicle and requested a "ping" of their cell phone to determine its most recent location. The phone was turned off, but family members were able to provide a detailed description of where the subjects were headed.
Deputy Jason Stanton utilized his 4WD vehicle to search for the subjects in the area of the mining claim specified by family members. By 03:18 a.m., Deputy Stanton located McCarthy and Holder with their dog Jake, muddy and hungry but otherwise fine.
Deputy Stanton says, "They told people where they were going and told someone to send help if they didn't return at a certain time ― just like people who travel in the woods should." Having that information helped the Sheriff's Office rescue them quickly, without needing to deploy Search and Rescue resources.
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Kan. Judicial Watch v. Stout, 653 F.3d 1230 (10th Cir. 2011) [2011 BL 205833]
Appeal from the United States District Court for the District of Kansas, Julie A. Robinson, J.
Josiah S. Neeley, Bopp, Coleson & Bostrom, Terre Haute, IN (Jeffrey P. Gallant, James Bopp, Jr., and Anita Y. Woudenberg, Bopp, Coleson & Bostrom, Terre Haute, IN; and Austin K. Vincent, Topeka, KS, with him on the briefs) for Plaintiffs-Appellants.
George T. Patton, Jr., Bose McKinney & Evans LLP, Indianapolis, IN (Marisol Sanchez, Bose McKinney & Evans LLP, Indianapolis, IN; and Stephen 0. Phillips, Office of the Attorney General of the State of Kansas, Topeka, KS, on the brief) for Defendants-Appellees.
Before KELLY, EBEL, and HOLMES, Circuit Judges.
EBEL, Circuit Judge.
Plaintiffs-Appellants Kansas Judicial Review ("KJR"), the Honorable Charles M. Hart, and Robb Rumsey appeal from the district court's order denying their motion for attorney's fees. This case requires us to decide whether Appellants qualify as "prevailing parties" entitled to attorney's fees under 42 U.S.C. § 1988 where they secured a preliminary injunction that afforded some of the relief sought in the complaint, the district [**2] court granted the injunction after finding that Appellants were substantially likely to succeed on the merits of their claims, and the actions of third parties mooted the case before this Court had the opportunity to determine the validity of the preliminary injunction on appeal. Exercising jurisdiction under 28 U.S.C. § 1291, we hold that the preliminary injunction conferred prevailing-party status on Appellants. Accordingly, we REVERSE the judgment of the district court and REMAND for further proceedings.
Our two prior opinions in this case discuss the relevant factual background in some detail, and we recite only those facts necessary to resolve the instant appeal. See Kan. Judicial Review v. Stout (Stout IV), 562 F.3d 1240, 1244-45 (10th Cir. 2009); Kan. Judicial Review v. Stout (Stmt II), 519 F.3d 1107, 1111-14 (10th Cir. 2008). Kansas provides for the popular election of judges in almost half of its judicial districts. In 1995, the Kansas Supreme Court adopted the Kansas Code of Judicial Conduct (the "Code") to govern the behavior of judges and candidates for state judicial office. See Kan. Sup.Ct. R. 601A (1995). Until March 1, 2009, the Code prohibited judicial candidates from making certain kinds of pledges and commitments and from personally soliciting support for their campaigns. Canon 5A(3)(d)(i) stated that judicial candidates "should not make pledges or promises of conduct in office other than the faithful and impartial performance of the duties of the office" ("Pledges Clause"). (Aplt.App., vol. I at 23.) Canon 5A(3)(d)(ii) prohibited judicial candidates from "mak[ing] statements that commit or appear to commit the candidate with respect to cases, controversies or issues that are likely to come before the court" ("Commits Clause"). [*1233] (Id.) Canon 5C(2) provided that "a candidate shall not personally . . . solicit publicly stated support" ("Solicitation Clause"). (Id. at 24.)
In May 2006, KJR, Hart, and Rumsey sued the individual members of the Kansas Commission on Judicial Qualifications (the "Commission")[fn1] under 42 U.S.C. § 1983 to challenge the constitutionality of these canons. Appellants claimed that the Pledges, Commits, and Solicitation clauses violated the First and Fourteenth Amendments to the U.S. Constitution by infringing on their rights of free speech and association. Specifically, KJR, a nonpartisan political action committee that educates citizens about judicial candidates, alleged that it wished to collect and publish responses to a "2006 Judicial Candidate Questionnaire" (the "Questionnaire") before the primary election on August 1, 2006. But candidates would not respond to the questions, which were designed to elicit their views on a variety of political and legal issues, for fear of being disciplined under the Pledges and Commits clauses. Hart, an incumbent district judge up for reelection in 2008, asserted that he desired to go door-to-door to seek signatures on a nomination petition, but he feared discipline under the Solicitation Clause. And Rumsey, a candidate for district judge in the 2006 election, alleged that he wanted to express his views to the public by answering the Questionnaire but was afraid to do so because of the canons. Appellants sought a declaration [**3] that the canons were unconstitutional, as well as preliminary and permanent injunctive relief prohibiting enforcement of the canons.
On the same day that they filed their complaint, KJR, Hart, and Rumsey also moved for a preliminary injunction to prevent the Commission from initiating disciplinary proceedings under the canons against judicial candidates who responded to the Questionnaire. After a hearing, the district court issued a written order granting preliminary relief. See Kan. Judicial Watch v. Stout (Stout I), 440 F.Supp.2d 1209 (D.Kan. 2006). In a thoughtful and comprehensive opinion, the district court determined that Appellants satisfied each of the four requirements for a preliminary injunction.[fn2] Id. at 1225-39. The court first concluded that Appellants were substantially likely to succeed on the merits of their claims. Id. at 1225-38, 1240. It analyzed the canons in light of the Supreme Court's decision in Republican Party of Minnesota v. White, 536 U.S. 765, 122 S.Ct. 2528, 153 L.Ed.2d 694 (2002), and found each of the Pledges, Commits, and Solicitation Clauses unconstitutional on its face and as applied. Stout I, 440 F.Supp.2d at 1233-34 (Pledges and Commits clauses), [*1234] 1237-38 (Solicitation Clause); see also id. at 1240 ("This Court follows the Supreme Court's opinion in White and finds certain Kansas judicial canons unconstitutional"). After a pains-taking examination of the merits prong of the preliminary-injunction standard, the court succinctly concluded that Appellants satisfied the other three elements. See id. at 1239 (finding that (1) the chilling effect of the canons on the exercise of Appellants' First Amendment rights constituted irreparable injury, (2) the injury to Appellants outweighed any harm to the Commission, and (3) the injunction would serve the public's interest in receiving speech and learning about judicial candidates). Accordingly, the district court enjoined the Commission from enforcing the canons against any judicial candidate. Id. at 1241.
The Commission appealed the grant of the preliminary injunction to this Court on August 11, 2006. Because the appeal "presented . . . several novel and unsettled questions of state law, the resolution of which could substantially alter our determination of the federal constitutional issues at stake," we certified five questions regarding interpretation of the canons to the Kansas Supreme Court. Stout II, 519 F.3d at 1122. In December 2008, that court answered our questions and also indicated that it had been presented with, but not yet considered, proposed revisions to the Code. Kan, Judicial Review v. Stout (Stout III), 287 Kan. 450, 196 P.3d 1162, 1171-79 (2008). Approximately one month later, the Kansas Supreme Court amended the Code by adopting Rule 601B, which took effect on March 1, 2009. See Kan. Sup.Ct. K. 601B (2009) (superseding Kan. Sup.Ct. K. 601A (1995)). Rule 601B "completely eliminate[d] the challenged portion of the Solicitation Clause" and "materially narrow[ed] the language and scope of the Pledges and the Commits Clauses." Stout IV, 562 F.3d at 1245. Consequently, this Court vacated the preliminary injunction, dismissed the Commission's appeal as moot, and remanded the case to the district court for dismissal. Id. at 1249.
After the district court dismissed the case, KJR, Hart, and Rumsey filed a motion seeking attorney's fees. They argued that [**4] they qualified as "prevailing parties" entitled to a fee award under 42 U.S.C. § 1988 because the preliminary injunction constituted a "judicially enforceable judgment that materially alter[ed] the legal relationship between parties." (Aplt.App., vol. Ill at 426-27.) On November 19, 2009, the district court denied the motion, reasoning, in pertinent part, as follows:
The primary relief sought by plaintiffs was declaratory relief. While plaintiffs succeeded in preserving the status quo — no disciplinary action for answering the questionnaire and for soliciting publicly-stated support — they did not succeed in obtaining relief on the merits. Plaintiffs did not merely seek an injunction that allows them to answer and distribute the questionnaire and solicit publicly-stated support in the 2006 primary election. They sought declarations that the judicial canons at issue were unconstitutional both on their face and as applied to the questionnaire and petitions, in 2006 and beyond. Under these circumstances, the Court does not find that the legal relationship between the parties was materially altered by the preliminary injunction.
(Id., at 629.)
Appellants now seek review of the district court's ruling that the preliminary injunction did not make them "prevailing parties" for purposes of § 1988.
In 42 U.S.C. § 1988(b), Congress created an exception to the "American [*1235] Rule" that each party ordinarily must pay its own attorney's fees. Section 1988(b) provides that in civil-rights actions brought under 42 U.S.C. § 1983, "the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee as part of the costs." 42 U.S.C. § 1988(b). Whether a litigant qualifies as a "prevailing party" under a fee-shifting statute such as § 1988 is a question of law that we review de novo. See Lorillard Tobacco Co. v. Engida, 611 F.3d 1209, 1214-15 (10th Cir. 2010); Al-Maleki v. Holder, 558 F.3d 1200, 1204 (10th Cir. 2009).
A. Meaning of "Prevailing Party" in the Context of Preliminary Injunctions
The Supreme Court set forth the general standard governing the prevailing-party determination in Texas State Teachers Ass'n v. Garland Independent School District (TSTA), 489 U.S. 782, 109 S.Ct. 1486, 103 L.Ed.2d 866 (1989). There, the Court stated that "[t]he touchstone of the prevailing party inquiry must be the material alteration of the legal relationship of the parties in a manner which Congress sought to promote in the fee statute." Id. at 792-93, 109 S.Ct. 1486. The Court explained that a material alteration in the parties' legal relationship occurs when "the plaintiff has succeeded on any significant issue in litigation which achieved some of the benefit the parties sought in bringing suit." Id. at 791-92, 109 S.Ct. 1486 (internal alteration and quotation marks omitted). This standard requires that "`a plaintiff receive at least some relief on the merits of his claim before he can be said to prevail.'" Id. at 792, 109 S.Ct. 1486 (quoting Hewitt v. Helms, 482 U.S. 755, 760, 107 S.Ct. 2672, 96 L.Ed.2d 654 (1987)).
This Court has twice addressed whether a plaintiff who secured a preliminary injunction could satisfy the standard set forth in TSTA In Dahlem v. Board of Education, 901 F.2d 1508 (10th Cir. 1990), Scott Dahlem, a high-school senior, desired to participate in interscholastic gymnastics. Id. at 1510. But Dahlem's school only had a girls' gymnastics [**5] team, and the state high-school activities association did not allow boys to join girls' athletics teams. Id. Dahlem filed suit under 42 U.S.C. § 1983, alleging that this situation amounted to unconstitutional gender discrimination under the Fourteenth Amendment. Id. After an initial hearing, the district court granted Dahlem a preliminary injunction that allowed him to participate in interscholastic gymnastics during the pendency of the case. Id. The defendants appealed the district court's interlocutory ruling to this Court, but while the appeal was pending, the gymnastics season ended. Id. This rendered the case moot because Dahlem was scheduled to graduate before the beginning of the next season. Id. After the district court vacated the injunction and dismissed the case per our instructions, Dahlem filed a motion for attorney's fees, which the district court denied. Id.
On appeal, we considered whether the preliminary injunction rendered Dahlem a "prevailing party" even though the injunction was vacated on mootness grounds before the defendants could challenge its validity in this Court. Id. at 1511. We began by stating that "[f]or the purpose of deciding whether a plaintiff is a prevailing party, a preliminary injunction is considered a decision on the merits so long as it represents an unambiguous indication of probable success on the merits, and not merely a maintenance of the status quo." Id. (internal alteration and quotation marks omitted). The injunction at issue there met that standard because the district court's order granting preliminary relief explicitly stated that there was a substantial likelihood that Dahlem would ultimately prevail on his claim. Id. We next observed that TSTA requires a plaintiff [*1236] to receive at least some relief on the merits of his claim before he may be deemed a "prevailing party," but that nothing in TSTA or any other Supreme Court case precludes a plaintiff from obtaining that relief by some means other than a final judgment. See id. at 1512. Thus, we adopted the rule that "a party which achieves the objective of its suit by means of an injunction issued by the district court [after an unambiguous finding of probable success on the merits] is a prevailing party in that court, notwithstanding the fact that the case becomes moot, through no acquiescence by the defendant, while the order is on appeal." Id. (footnote omitted). Under that rule, Dahlem qualified for prevailing-party status because the preliminary injunction afforded him all of the relief he sought in bringing suit:
[Dahlem] brought suit so that he could participate in interscholastic gymnastics during his senior year. Because of the district court's preliminary injunction, he did so participate. No subsequent judicial proceedings could have given him any more relief on his claim. It cannot be suggested that Dahlem's foray into the legal system was anything but completely successful.
We reached a different conclusion in Biodiversity Conservation Alliance v. Stem, 519 F.3d 1226 (10th Cir. 2008). In that case, the U.S. Forest Service authorized a sale of timber in the Cement Region of the Black Hills National [**6] Forest (the "Cement Project"). Id. at 1227-28. The Biodiversity Conservation Alliance ("BCA") filed a complaint alleging that the Forest Service's actions in planning and developing the Cement Project violated various environmental statutes and the Administrative Procedures Act ("APA"). Id. at 1228. BCA also moved for a preliminary injunction to stop the imminent timber sale. Id.
In ruling on BCA's motion, the district court found that BCA would suffer irreparable injury as a result of permanent species loss if the sale went forward. Id. Further, because "the equities tipped heavily towards [BCA]," the district court required only that BCA raise substantial questions on the merits rather than prove a substantial likelihood of success on the merits. Id. (internal alteration and quotation marks omitted). The court concluded that BCA satisfied the "substantial questions" standard and granted the preliminary injunction "to maintain the status quo antebellum" until the court could make a final ruling. Id. (internal quotation marks omitted).
During the pendency of the litigation, a forest fire destroyed approximately ten percent of the timber in the Cement Region that the Forest Service had planned to sell. Id. Consequently, the Forest Service withdrew the Cement Project, and the district court dismissed the case as moot. Id. BCA then moved for attorney's fees, relying in part on the preliminary injunction. Id. The district court granted the motion, and the Forest Service appealed. Id. at 1229.
On appeal, we cited TSTA and explained that "[a] preliminary injunction that does not provide a plaintiff with relief on the merits of her claim cannot serve as the basis for prevailing party status." Id. at 1232. Applying that rule, we held that the preliminary injunction obtained by BCA was insufficient to make BCA a "prevailing party" because the injunction did not provide any of the relief that BCA sought in its complaint. Id. BCA sought a determination that the Cement Project violated environmental statutes and the APA, but the district court's order granting preliminary relief did not "address[] whether the Cement Project was arbitrary and capricious." Id. Instead, the court granted the [*1237] injunction largely because the balance of equities favored BCA. Id. Therefore, in obtaining the preliminary injunction, BCA won nothing more than "the right to have the status quo preserved, so that had [BCA] prevailed on the merits, its victory would have meaning."` Id.
In dicta in Biodiversity, we questioned whether Dahlem remains good law after the Supreme Court's decisions in Buck-hannon Board and Care Home, Inc. v. West Virginia Department of Health and Human Resources, 532 U.S. 598, 121 S.Ct. 1835, 149 L.Ed.2d 855 (2001), and Sole v. Wyner, 551 U.S. 74, 127 S.Ct. 2188, 167 L.Ed.2d 1069 (2007). Biodiversity, 519 F.3d at 1232. We declined to resolve that issue, however, because the validity of Dahlem was irrelevant to our conclusion that BCA failed to obtain relief on the merits and thus could not meet the "stringent" prevailing-party standard of TSTA. See id. at 1232. Having carefully analyzed Buckhannon and Sole, we now hold that Dahlem survives those decisions.
The plaintiff in Buckhannon sought to recover attorney's fees under the "`catalyst theory,' which [**7] posits that a plaintiff is a `prevailing party' if it achieves the desired result because the lawsuit brought about a voluntary change in the defendant's conduct." 532 U.S. at 601, 121 S.Ct. 1835. But the Supreme Court explicitly rejected that theory as inconsistent with its prior cases recognizing that a "prevailing party" must obtain some form of judicial relief, such as a judgment on the merits or court-ordered consent decree. Id. at 604-06, 121 S.Ct. 1835. The Court explained that "[a] defendant's voluntary change in conduct, although perhaps accomplishing what the plaintiff sought to achieve by the lawsuit, lacks the necessary judicial imprimatur on the change." Id. at 605, 121 S.Ct. 1835. Buckhannon thus stands for the proposition that there must be a judicially sanctioned alteration in the legal relationship between the parties before a plaintiff can be deemed a "prevailing party."[fn3]
In Dahlem, we held that the plaintiff attained prevailing-party status on the basis of a preliminary injunction. Buck-hannon does not undermine that conclusion. A preliminary injunction is a form of court-ordered relief. Thus, "[a] preliminary injunction issued by a judge carries all the `judicial imprimatur' necessary to satisfy Buckhannon." Watson v. Cnty. of Riverside, 300 F.3d 1092, 1096 (9th Cir. 2002); see also People Against Police Violence v. City of Pittsburgh, 520 F.3d 226, 233 n. 5 (3d Cir. 2008) ("We need not determine in this case the outer limits of the requisite `judicial imprimatur.' Whatever those may be, preliminary injunctions are certainly within them." (citation omitted)). We do not mean to suggest, of course, that every preliminary injunction will necessarily render the recipient a "prevailing party." As we have already explained, "to be a prevailing party on the basis of a preliminary injunction requires `relief on the merits.'" Lorillard Tobacco Co., 611 F.3d at 1217 (quoting Biodiversity, 519 F.3d at 1232). We hold only that Buckhannon's "judicial imprimatur" requirement does [*1238] not make preliminary injunctions categorically insufficient to create prevailing-party status.
In Sole, the Supreme Court addressed the question whether "a plaintiff who gains a preliminary injunction after an abbreviated hearing, but is denied a permanent injunction after a dispositive adjudication on the merits, qualifies] as a `prevailing party' within the compass of § 1988(b)." 551 U.S. at 77, 127 S.Ct. 2188. The Court answered that question in the negative, reasoning that whatever "fleeting success" a plaintiff may achieve when a court grants preliminary injunctive relief is negated if the court ultimately rules against the plaintiff on the merits. Id. at 83-86, 127 S.Ct. 2188. Thus, the Court held that "[prevailing party status . . . does not attend achievement of a preliminary injunction that is reversed, dissolved, or otherwise undone by the final decision in the same case." Id. at 83, 127 S.Ct. 2188. Significantly, however, the Court explicitly declined to consider the issue involved in both Dahlem and Biodiversity:
We express no view on whether, in the absence of a final decision on the merits of a claim for permanent injunctive relief, success in gaining a preliminary injunction may sometimes warrant an award of counsel fees. We decide only that a plaintiff who gains a preliminary injunction [**8] does not qualify for an award of counsel fees under § 1988(b) if the merits of the case are ultimately decided against her.
Id., at 86, 127 S.Ct. 2188; see also Biodiversity, 519 F.3d at 1231 ("Unlike the injunction in Sole, the preliminary injunction here was not undone by a final decision on the merits. It is thus in the area explicitly left open by Sole." (citation omitted)); id. at 1232 ("Sole explicitly declined to decide the question in [Dahlem]. . . ."). Consequently, Sole, like Buckhannon, leaves our holding in Dahlem undisturbed.
Given that both Dahlem and Biodiversity stand as controlling precedent in this circuit, we must consider both cases when deciding whether a plaintiff who has secured a preliminary injunction qualifies as a "prevailing party" eligible for an award of attorney's fees under § 1988. Those cases, along with the relevant Supreme Court precedent, establish two overarching principles:
First, and most fundamental, in order for a preliminary injunction to serve as the basis for prevailing-party status, the injunction must provide at least some relief on the merits of the plaintiffs claim(s). A preliminary injunction provides relief on the merits when it (a) affords relief sought in the plaintiffs complaint and (b) represents an unambiguous indication of probable success on the merits. By contrast, a preliminary injunction does not provide relief on the merits if the district court does not undertake a serious examination of the plaintiffs likelihood of success on the merits but nonetheless grants the preliminary injunction to preserve the status quo because the balance of equities favors the plaintiff.
Second, if a preliminary injunction satisfies the relief-on-the-merits requirement, the plaintiff qualifies as a "prevailing party" even if events outside the control of the plaintiff moot the case. If, however, the preliminary injunction is undone by a subsequent adverse decision on the merits, the plaintiffs transient success in obtaining the injunction does not render the plaintiff a "prevailing party."
These principles must constitute the beginning point (and, perhaps in many cases, also the ending point) of the prevailing-party inquiry when a plaintiff relies on a preliminary injunction as the basis for an award of attorney's fees. [*1239]
B. The Preliminary Injunction Obtained by KJR, Hart, and Rumsey
In light of the principles set forth above, we have no trouble concluding that KJR, Hart, and Rumsey are "prevailing parties" in this ease.
First, the district court's preliminary injunction provided relief on the merits of Appellants' claims. Regarding the first prong of the relief-on-the-merits requirement, the preliminary injunction afforded Appellants relief that they specifically requested in their complaint. Appellants sought two basic types of relief in their complaint: (1) a declaration that the Pledges, Commits, and Solicitation clauses were unconstitutional; and (2) preliminary and permanent injunctions that would prohibit the Commission from enforcing the canons against judicial candidates who responded to KJR's questionnaire. The preliminary injunction [**9] issued by the district court provided the second form of relief as long as it was in effect. That is, the preliminary injunction prohibited enforcement of the challenged canons and allowed Appellants to engage in their speech activities without fear of a disciplinary action during the pendency of the case.
Furthermore, the district court was clear about Appellants' ultimate likelihood of success on the merits. After carefully analyzing the Pledges, Commits, and Solicitation clauses under the First Amendment, the court expressly concluded that those clauses were unconstitutional and that Appellants were substantially likely to succeed on the merits of their challenge to the clauses. Stout I, 440 F.Supp.2d at 1240 ("The Court finds that plaintiffs are substantially likely to succeed on the merits of their claims concerning the pledges . . ., commits, and solicitation clauses under Republican Party of Minnesota v. White."); id. ("This Court follows the Supreme Court's opinion in White and finds certain Kansas judicial canons unconstitutional."). We find it difficult to imagine a more "unambiguous indication of probable success on the merits." Dahlem, 901 F.2d at 1511 (internal quotation marks omitted). To borrow the words of the D.C. Circuit, "this is not a case in which a preliminary injunction was based less on the trial court's view of the merits than on a perceived hardship to the plaintiff. Rather, [Appellants] secured a preliminary injunction in this case largely because their likelihood of success on the merits was never seriously in doubt." Select Milk Producers, Inc. v. Johanns, 400 F.3d 939, 948 (D.C. Cir. 2005) (citation omitted).
Second, this Court dissolved the preliminary injunction only after the Kansas Supreme Court amended the challenged canons and rendered Appellants' claims against the Commission moot. Significantly, no court ever ruled against Appellants on the merits. Accordingly, the preliminary injunction was sufficient to confer prevailing-party status on Appellants, "notwithstanding the fact that the case bec[a]me[] moot, through no acquiescence by the [Commission], while the order [was] on appeal." Dahlem, 901 F.2d at 1512; see also, e.g., Dupuy v. Samuels, 423 F.3d 714, 723 & n. 4 (7th Cir. 2005); Select Milk Producers, 400 F.3d at 947-48; Watson, 300 F.3d at 1096.
The district court determined that Appellants were not "prevailing parties" because they never obtained the "primary relief sought." Specifically, the court reasoned that "[t]he primary relief sought by plaintiffs was declaratory relief. . . . Plaintiffs did not merely seek an injunction. . . . They sought declarations that the judicial canons at issue were unconstitutional. . . . Under these circumstances, the Court does not find that the legal relationship between the parties was materially altered by the preliminary injunction." (Aplt.App., vol. Ill at 629.) [*1240]
We cannot agree with the district court's analysis, as it conflicts with the Supreme Court's directives in TSTA. In that case, the Court made clear that the prevailing-party determination does not turn on whether the plaintiff has prevailed on the "central issue" or obtained the "primary relief sought." 489 U.S. at 790-92, 109 S.Ct. 1486. "[T]he search for the `central' and `tangential' issues in the lawsuit, [**10] or for the `primary,' as opposed to the `secondary,' relief sought, much like the search for the golden fleece, distracts the district court from the primary purposes behind § 1988 and is essentially unhelpful in defining the term `prevailing party.'" Id. at 791, 109 S.Ct. 1486. Instead, the critical inquiry is whether "the plaintiff has succeeded on any significant issue in litigation which achieved some of the benefit the parties sought in bringing suit." Id. at 791-92, 109 S.Ct. 1486 (emphases added) (alteration and internal quotation marks omitted); see also McQueary v. Conway, 614 F.3d 591, 603 (6th Cir. 2010) ("A plaintiff crosses the threshold to `prevailing party' status by succeeding on a single claim, even if he loses on several others and even if that limited success does not grant him the `primary relief he sought."). Where, as in this case, that standard has been met, "the degree of the plaintiffs overall success goes to the reasonableness of the award . . ., not to the availability of a fee award velnon." TSTA, 489 U.S. at 793, 109 S.Ct. 1486; see also McQueary, 614 F.3d at 603 ("The significance of the relief obtained goes only to the amount of fees.").
In its brief, the Commission raises one ground for affirmance that was not relied on by the district court. Specifically, the Commission contends that the preliminary injunction cannot serve as the basis for prevailing-party status because it was ultimately vacated, leaving Appellants without an enforceable judgment. This argument ignores our holding in Dahlem and the critical distinction between preliminary injunctions vacated on mootness grounds and preliminary injunctions vacated as a result of an adverse decision on the merits.[fn4] Appellants secured a preliminary injunction that materially altered the legal relationship between the parties by providing relief on the merits of Appellants' claims. This injunction continued in effect until the Kansas Supreme Court took actions that mooted the case. Neither this Court nor the district court ever issued an order undermining the district court's assessment of the merits of Appellants' claims or Appellants' legal entitlement to relief. Accordingly, the fact that the preliminary injunction was vacated does not deprive Appellants of their status as "prevailing parties."
KJR, Hart, and Rumsey obtained a preliminary injunction that provided some of the relief sought in the complaint, represented an unambiguous indication of probable success on the merits, and was dissolved only after the actions of third parties mooted the case. Under these circumstances, we hold that Appellants are "prevailing parties" within the meaning [*1241] of 42 U.S.C. § 1988. Therefore, we REVERSE the judgment of the district court and REMAND for further proceedings.
[fn1] The Commission is responsible for investigating allegations of Code violations and recommending disciplinary action when necessary.
[fn2] In order to secure a preliminary injunction, the moving party must establish the following elements: (1) a substantial likelihood of success on the merts; (2) irreparable injury will result if the injunction does not issue; (3) the threatened injury to the movant outweighs any damage the injunction may cause the opposing party; and (4) issuance of the injunction would not be adverse to the public interest. Schrier v. Univ. of Co., 427 F.3d 1253, 1258 (10th Cir. 2005). If, however, the movant can demonstrate that the latter three elements weigh heavily in its favor, "the test is modified, and the [movant] may meet the requirement for showing success on the merits by showing that questions going to the merits are so serious, substantial, difficult, and doubtful as to make the issue ripe for litigation and deserving of more deliberate investigation." Davis v. Mineta, 302 F.3d 1104, 1111 (10th Cir. 2002) (internal quotation marks omitted). The district court in this case did not apply the "modified" test. For reasons that will be explained below, that fact is critical to our determination that Appellants are "prevailing parties."
[fn3] Although the Supreme Court in Buckhannon interpreted the term "prevailing party" under the fee-shifting provisions of the Fair Housing Amendments Act of 1988, 42 U.S.C. § 3613(c)(2), and the Americans with Disabilities Act of 1990, 42 U.S.C., § 12205, the Court recognized that "prevailing party" is a term of art that Congress has used to mean the same thing in numerous statutes. See Buckhannon, 532 U.S. at 602-03 & n, 4, 121 S.Ct. 1835. Accordingly, Buckhannon's "judicial imprimatur" requirement applies to the prevailing-party analysis under § 1988. See Bell v. Bd. of Cnty. Comm'rs, 451 F.3d 1097, 1102 (10th Cir. 2006) (applying Buckhannon definition of "prevailing party" in a § 1988 case).
[fn4] The First Circuit recently explained the distinction as follows:
Reversal on the merits deprives a plaintiff of "prevailing parly" status because it repudiates the favorable change in the parties' legal relationship effectuated by the district court's judgment and holds that the plaintiff was never legally entitled to such relief. In contrast, in the mootness context, a "prevailing party" is a party who managed to obtain a favorable, material alteration in the legal relationship between the parties prior to the intervening act of mootness.
Diffenderer v. Gomez-Colon, 587 F.3d 445, 453 (1st Cir. 2009).