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November 19, 2009
INTEGRATED CARDS, L.L.C, PLAINTIFF/COUNTER-DEFENDANT,v.MCKILLIP INDUSTRIES, INC. D/B/A USA/DOCUFINISH, DEFENDANT/COUNTER-PLAINTIFF.
Judge Virginia M. Kendall
Plaintiff/Counter-Defendant Integrated Cards, L.L.C. ("Integrated Cards") brought this suit against Defendant/Counter-Plaintiff McKillip Industries, Inc. d/b/a USA/Docufinish ("USA"), alleging infringement of U.S. Patent No. 5,462,488 ("the '488 patent"), entitled "Integrated Card and Business Form Assembly and Method for Fabricating Same on Label Formation Equipment." On August 8, 2008, the Court denied USA's Motion for Summary Judgment on the basis of laches and equitable estoppel, finding that Integrated had raised triable issues of material fact regarding when it knew or should have known about USA's alleged use of the '488 patent. The Court bifurcated the defenses of laches and equitable estoppel and held a bench trial to resolve the disputed issues. After listening to the testimony presented by both parties and reviewing the documents entered into evidence at trial, the following constitutes the Court's findings of fact and conclusions of law pursuant to Fed. R. Civ. P. 52.
I. Background
John J. McKillip ("John") became involved in the business printing industry in the 1960s.
(Stip. ¶ 1.) After getting his start in the industry selling business forms, he formed Illinois Stencil in the early 1970s, which merged with American Stencil in the late 1970s. (Stip. ¶¶ 7-9.) John hired his brother Stephen M. McKillip ("Steve") as a salesman at American Stencil, where the sales department comprised the two McKillip brothers. (Tr. Vol. 4-A, pgs. 582-83.) They worked together for a few years until 1986, when Steve unexpectedly and unamicably left American Stencil after getting into a dispute with John regarding sales calls. (Id. at 583-84.) John thought that Steve planned on starting a convenience store when he left American Stencil. (Id. at 584-85.) Instead, Steve started his own business printing company, United Stencil and Affixing, Inc. (Id.; Tr. Vol. 1-A, pg. 17.) Since 1986, Steve has served as president of United Stencil and Affixing, now named USA/Docufinish. (Tr. Vol. 1-A, pg. 17; Stip. ¶¶ 1-2.) Within the business printing industry, USA/Docufinish has always been known as "USA." (Tr. Vol. 2-B, pgs. 341, 364.) Unfortunately, the business printing industry was not big enough to hold both of the feuding McKillip brothers who have not spoken to each other in over twenty years. After Steve informed John in 1987 that he had started USA, the brothers stopped communicating with each other. (Tr. Vol. 4-A, pg. 585.) USA went on to take most of American Stencil's business. (Id. at 586.)
In 1993, John started another printing company, named Tri-Graphics, with his partners Stanley Stack ("Stack") and Bob VanHyfte ("VanHyfte"). (Stip. ¶¶ 10-11.) John began to use his knowledge of the business printing process to obtain ten patents for various types of business forms, labels and cards. (Def. Ex. 5.) At Tri-Graphics, John focused on research and development. (Stip. ¶ 10.) His efforts in that role paid off when he developed a method for integrated card assembly in 1994. (Stip. ¶ 12.) The term "integrated card" generally describes a business form that has a base document with an attached card that can be peeled away from the base document. (Stip. ¶¶ 4-5.) For example, a letter that has a peel-off membership card incorporated into it would be an integrated card. Not every type of integrated card has the same construction. (Stip. ¶ 4.) The '488 patent, issued to John and Stack on October 31, 1995, describes a specific type of integrated card that has a base document and a back patch. (Stip. ¶¶ 4, 5.) To make the integrated card described in the '488 patent, a die cuts the card shape into the base document, but not through the back patch, enabling someone to peel the card away from the remainder of the base document and the back patch. (Stip. ¶ 5.) Tri-Graphics began using the method described in the '488 patent to make integrated cards for its customers. (Stip. ¶ 13.) In 1997, American Stencil and Tri-Graphics each auctioned off their assets after their creditors forced them into bankruptcy involuntarily. (Tr. Vol. 4-A, pgs. 588, 591.)
Once American Stencil and Tri-Graphics ceased operations, John began selling business forms for AmeriPrint Corporation ("Ameriprint"), another business forms vendor. (Id. at 591-92; Stip. ¶ 24.) With John on board, AmeriPrint began selling integrated cards in 1998. (Stip. ¶ 25.) In July 1999, John left AmeriPrint and started Integrated Label Corporation ("Integrated Label") with his wife, where he has continued to work through the filing of this lawsuit in 2006. (Stip. ¶ 29; Tr. Vol. 4-A, pgs. 595-600.)
On September 29, 2005, John assigned his interest in the '488 patent to Malessa Partners, LLC ("Malessa"). (Stip ¶ 14.) In October 2005, Stack assigned his interest in the patent to his company, Stack, LLC. (Id.) Malessa and Stack, LLC then formed Integrated Cards, LLC and assigned their interests in the '488 patent to the newly formed entity. (Id.) The sole members of Integrated Cards remain Malessa and Stack, LLC. (Stip. ¶ 15.)
Integrated Cards and USA each manufacture business forms, including integrated cards. (Tr. Vol. 1-A, pgs. 17, 19.) Since 1995, USA has continuously manufactured and sold integrated cards that allegedly infringe the '488 patent. (Stip. ¶ 6.) On April 12, 2006, Integrated Cards filed suit, claiming that USA's integrated card products infringe the '488 patent. The Court denied USA's Motion for Summary Judgment on the basis of laches and equitable estoppel, finding that disputes of material fact existed regarding when John had knowledge of USA's alleged infringement that could be imputed to Integrated Cards.
II. Findings of Fact
The Court makes the following findings of fact after conducting a bench trial, observing the testimony of the witnesses, and assessing their credibility.
USA has manufactured the accused integrated cards since 1995. (Stip. ¶ 6.) To make integrated cards, USA purchased two Tamarack machines, a piece of equipment made primarily for the production of integrated cards and labels. (Tr. Vol. 1-A. pg. 102, 105.) In 1996, USA purchased a Tamarack machine for $266,000 to make integrated cards. (Id. at 108-09.) That machine was not sufficient for USA's integrated card manufacturing needs, so it purchased another Tamarack machine in January 1997 for $242,000 (Id. at 110.) In July 1997, USA purchased another Tamarack machine for $265,835 (Id.) USA now has four Tamarack machines that it uses nearly exclusively for producing integrated cards. (Id. at 104-05.) From 1998-99, USA purchased three FME machines that it uses to make integrated cards that have irregular form depths. (Id. at 103, 112.) The FME machines cost $100,000 each. (Id. at 112.) USA would not have had a need for the FME machines if it did not manufacture integrated cards because it could have used other machinery to manufacture integrated labels of irregular depths. (Id. at 119-20.) USA's machinery purchases increased the company's total capacity to manufacture integrated cards and led to increased sales of integrated cards. (Tr. Vol. 2-B pgs. 356-57.) The construction of USA's integrated card products has not changed since it began making them in 1995. (Stip. ¶ 7.) USA would have considered abandoning production of its integrated card products altogether if Integrated Cards initiated this patent infringement suit in the 1990s. (Tr. Vol. 1-A pg. 102.)
Since it first started making integrated cards in 1995, USA has spent tens of thousands of dollars promoting its integrated card products using direct mailings and other promotional materials, such as binders, information sheets and product samples. (Tr. Vol. 1-A pgs. 89, 91-92; Tr. Vol. 2-B pgs. 352-56.) Additionally, USA invested tens of thousands of dollars since 1995 to participate in trade shows where it could exhibit its integrated cards. (Tr. Vol 1-A pgs. 72-79, 98-99; Tr. Vol. 2-B pgs. 349-52.) At trade shows, USA prominently displayed samples of integrated cards and gave away many samples to potential customers. (Tr. Vol. 1-A pg. 78.) As a result of its marketing efforts, including advertising, direct mailings, personal sales calls and trade shows, USA has steadily increased its sales of integrated cards since it began making them in 1995. (Id. at 127-28; Def. Ex. 24.)
In 1996, when John worked for Tri-Graphics, he supervised the company's production process. (Tr. Vol. 2-A pg. 233-24.) That same year, Tri-Graphics hired Brian Wooley ("Wooley") as a custom press operator. (Id. at 232.) Before starting at Tri-Graphics, Wooley had worked for USA for at least five years. (Id.) Soon after Wooley began working for Tri-Graphics, John asked him questions about other business printing companies. (Id. at 235.) For example, John asked Wooley whether USA was busy, what type of machinery it used, and whether it made integrated cards. (Id. at 236-37.) Although Wooley refused to tell John about the type of machinery that USA used, he explained that USA made integrated cards, which he referred to disparagingly as "generic cards." (Id. at 237.) He further explained that USA made its integrated cards by using a machine to die cut a printed form and placing a patch on the back of the form. (Id. at 237-38, 245) John asked Wooley questions about USA's integrated cards "all the time," until Wooley became tired of the questions and told John that "if he has any questions about USA/Docufinish, why don't [sic] he just call Steve McKillip." (Id. at 238.)
In June of 1996, Chuck Casagrande ("Casagrande"), Vice President of Precision Coated Products, made a sales call to Tri-Graphics in response to John's request for quotes. (Id. at 243, 249.) Because Wooley used to work with Casagrande, when Wooley saw Casagrande at Tri-Graphics that day, he said hello and took a few minutes to catch up with Casagrande. (Id. at 243, 275.) Casagrande had developed a patent in 1995 for a laminate, named Lite Lift Dry, that customers used to create integrated cards. (Id. at 248.) Casagrande gave John a quote with three options for using Lite Lift Dry to produce integrated cards on his press. (Id. at 250, Def. Ex. 28.) He also gave him a sample book that contained various examples and samples of integrated cards that used the Lite Lift Dry laminate. (Id. at 252.) The sample book contained samples of integrated cards made by USA. (Id. at 252, 273.) One of the cards in the book that USA made had the letters "USA" on it. (Id. at 286.) John and Casagrande went through the sample cards page by page, peeling them apart to observe how the laminate worked. (Id. at 274.) In November and December 1996, Tri-Graphics bought the laminate. (Id. at 276-78, Def. Exs. 32-34.)
When John left Tri-Graphics for AmeriPrint in 1997, his primary responsibility was to promote integrated cards and labels. (Tr. Vol. 1-B pg. 188.) In that role, he prepared a business plan for AmeriPrint in January 1998. (Id.) The business plan explained trends in the business printing industry, indicating that manufacturers were trending towards making in-line integrated cards and labels. (Id. at 192.) The plan also included suggestions of strategies that AmeriPrint should pursue in selling integrated cards and labels. (Id. at 193). John was able to put the plan together only after researching the industry, observing the machinery that integrated cards manufacturers used and interviewing the major players in the business printing industry about how they produced their products. (Tr. Vol. 3-A pg. 429.) Specifically, he visited the Tamarack Company, manufacturers of one of the machines used to make integrated cards, in order to obtain information about the machinery and how people in the industry used the machinery. (Id.) As of 1997, when John began working for AmeriPrint, one of his responsibilities included promoting integrated cards and labels, which required him to understand AmeriPrint's competition within the business printing industry. Additionally, in January 1998, John prepared a business plan for AmeriPrint that explained how the integrated card industry worked, what AmeriPrint's competitors were doing and suggesting strategies for AmeriPrint to successfully sell its integrated card products. (Def. Ex. 8.) The business plan incorporated knowledge that he gained from a visit to the Tamarack Company, where he learned that competitors were using one of two machines to produce integrated cards. (Tr. Vol. 3-A pg. 429.)
To further its business, USA participates in the Document Management Industries Associations' ("DMIA") trade shows. (Tr. Vol. 2-B pg. 344.) Since 1997, USA has attended each national DMIA trade show. (Id.) Additionally, USA attends trade shows sponsored by its distributor customers, such as American Solutions for Business, Performa and ASI. (Id. at 345.) In total, since 1997, USA has attended approximately 100 trade shows. (Id. at 350.) At the trade shows, USA displays its products, including integrated cards, and provides attendees with packets that include samples of the integrated cards it sells. (Id. at 344-45.) In October, 1998, the DMIA held a trade show in Baltimore, Maryland. (Id. at 341.) USA set up a 10' x 20' booth at the trade show to promote its products and to meet with its customers. (Id. at 341-42.) The booth contained several signs displaying USA's name and sample products, including integrated cards, labels and stencils. (Id. at 342.) John W. McKillip ("John W."), Steve's son and USA's Vice President of Sales, attended the trade show and worked USA's booth. (Id. at 341-42.) John W. had not had contact with his uncle, John, for many years. (Id. at 343.) While he was working at USA's booth, John came to the booth and introduced himself as John W.'s uncle. (Id.) The two men made small talk for few minutes about John W.'s mother and USA's business. (Id.) When they finished chatting, John asked John W. for a sample packet of USA's products. (Id.) John W. gave him a packet that included samples of USA's integrated cards. (Id. at 344.)
In 1999, when John left AmeriPrint, he helped his wife create Integrated Label. (Stip. ¶ 29.) Integrated Label became a member of the Document Management Industries Association ("DMIA") in July 1999. (Tr. Vol. 3-A pg. 442.) At that time, Integrated Label started receiving mailings from the trade association addressed to John, such as the monthly magazine Print Solutions and the Who's Who and Buyer's Guide publications. (Id. at 442-44; Def. Ex. 12.) The DMIA publications included a variety of advertisements for USA's products, including its integrated cards. (Stip. ¶ 33.) He used the information in the trade publications to create mailings to distributor lists as a part of Integrated Label's marketing strategy. (Tr. Vol 3-A pg. 447-48.) The letters claimed that Integrated Label could manufacture integrated labels and integrated cards more economically than anyone else could. (Tr. Vol. 4-A pg. 620-24; Def. Ex. 36.) When he made those claims, he knew how the competitors in the industry made their integrated cards based upon his visit to Tamarack when he still worked at AmeriPrint. (Tr. Vol. 4-A pg. 620-24.) In March, 2000, John submitted a patent application to the U.S. Patent and Trademark Office, which indicated that he had been intimately involved in the business form industry for over twenty years. (Id. at 627-28; Def. Ex. 4.)
Individuals familiar with manufacturing integrated cards could easily test a particular integrated card sample for potential infringement of the '488 patent based on a brief visual inspection. (Tr. Vol. 4-A pgs. 592-93.) For example, to determine whether an integrated card infringed the '488 patent, John first looks at the front to see if a die cut is present. (Id.) Then, he looks to the back of the card to determine whether it has an adhesive film on it. (Id.) If he observes an adhesive film both on the back of the card and on the surface of the form that he pulled the card from, he sends the sample to his patent attorneys for further infringement testing because of the high likelihood that an integrated card with those characteristics infringes the '488 patent.. (Id.) During the course of the bench trial, the Court observed witnesses familiar with integrated cards perform the necessary inspection of an integrated card to test for infringement of the '488 patent in approximately twenty to thirty seconds. (Tr. Vol. 1-A pg. 39-42; Tr. Vol. 4-A pg. 592-93.)
II. Laches
Laches is an equitable defense that bars recovery by the plaintiff for any damages incurred before the initiation of the infringement suit. See 35 U.S.C. § 282; A.C. Aukerman Co. v. R.L. Chaides Constr. Co., 960 F.2d 1020, 1028 (Fed. Cir. 1992) (en banc). Laches requires proof that the patentee unreasonably and inexcusably delayed filing suit and that the delay caused material prejudice to the defendant. See Wanlass v. Gen. Elec. Co., 148 F.3d 1334, 1337 (Fed. Cir. 1998). A presumption of laches arises when more than six years has elapsed between the time the plaintiff knew or should have known of the alleged infringing activity and the time of filing suit. See Aukerman, 960 F.2d at 1028. When the presumption applies, courts infer unreasonable delay and prejudice from the length of the delay and the burden of going forward with the evidence shifts to the plaintiff. See id. When the presumption does not arise, the party claiming laches bears the burden of proving that: 1) the delay was unreasonable and inexcusable; and 2) the delay caused material prejudice. See id. The period of delay begins at the time the patentee had actual or constructive knowledge of the defendant's potentially infringing activities. See Wanlass, 148 F.3d at 1337. Because of the equitable nature of the defense, the question of whether laches applies lies within the sound discretion of the district court. See Aukerman, 960 F.2d at 1028.
Here, Integrated Cards filed suit against USA on April 12, 2006; therefore, if Integrated Cards had imputed knowledge of USA's potential infringement through John before April 12, 2006, the presumption of laches arises. As early as 1995, John had a suspicion that USA made integrated cards based on the questions he asked former USA employee Wooley about USA's products. Based on his conversations with Wooley, that same year, John obtained actual knowledge that USA produced integrated cards when Wooley informed him that USA made "generic cards." Although Wooley did not use the words "integrated cards" to describe USA's products, he told John that USA made its generic cards by using a machine to die cut a printed form and placing a patch on the back of the form. Based on John's extensive experience in the industry and expertise in the design of integrated cards, the description of USA's products that he received from Wooley put him on notice that USA made integrated cards. In 1996, he actually saw some of USA's integrated cards when Casagrande provided them to him as samples for his Lite Lift Dry laminate. One of the cards even said "USA" on it. Although "USA" is an abbreviation for the United States of America, within the business document printing industry, USA/Docufinish has always been known as "USA." Additionally, after his conversations with Wooley, John knew that USA printed integrated cards. Therefore, the samples contained within Casagrande's sample book confirmed that USA made integrated card products as of 1996.
Not only did John see the integrated cards, he removed each of the cards in Casagrande's sample book from the forms to observe how the Lite Lift Dry laminate worked. That viewing allowed John to see whether the cards had an adhesive film on the back and on the form, giving him an opportunity to see if the cards, including the "USA" cards, potentially infringed the '488 patent. Because John looked at the cards in Casagrande's sample book for the purpose of evaluating how the Lite Lift Dry laminate worked with integrated cards, the inspection of USA's integrated cards in 1996 provided him with notice that USA's integrated card products potentially infringed the '488 patent. Because John had actual knowledge that USA produced integrated cards that potentially infringed the '488 patent in 1996 but did not file suit until 2006, the presumption of laches applies. Therefore, the Court infers that Integrated Cards unreasonably delayed the initiation of this suit and that the unreasonable delay caused USA prejudice.
Prejudice can take the form of either economic or evidentiary prejudice. See Aukerman, 960 F.2d at 1033. Economic prejudice arises when "a defendant and possibly others will suffer the loss of monetary investments or incur damages which likely would have been prevented by earlier suit." Id. In evaluating whether economic prejudice exists, courts "look for a change in the economic position of the alleged infringer during the period of delay." Id. (emphasis in original). Here, USA made extensive investments in its integrated cards products during the period of delay. Between 1996 and 1999, USA purchased three Tamarack machines and three FME machines at a total price of $1,073,835 to produce integrated cards. If Integrated Cards had claimed that USA infringed the '488 patent in the 1990s, USA would have stopped producing integrated cards because it had not invested much money in the products at that time. If USA had not produced integrated cards during that time, it would not have needed to purchase all of the machinery that it purchased during the delay period. For example, if USA only produced integrated labels, it could have met demand with a single Tamarack machine. However, because it also produced integrated cards, it needed more machinery to meet the total demand for its products. Additionally, USA would not have had a need for any of the three FME machines that it purchased if it did not produce integrated cards. Based on the presumption of prejudice and the evidence that USA offered relating to its capital expenditures for integrated cards products, USA has demonstrated that it changed its economic position and spent money that it would not have spent if Integrated Cards brought suit earlier. Therefore, the defense of laches applies and bars any damages arising before the commencement of this lawsuit on April 12, 2006.
III. Equitable Estoppel
Because equitable estoppel imposes more drastic consequences than laches by barring a plaintiff from recovery damages at all, it requires proof of injurious conduct by the patentee. See Naxon Telesign Corp. v. Bunker Ramo Corp., 686 F.2d 1258, 1264 (7th Cir. 1982). Equitable estoppel bars a patent infringement claim when the alleged infringer shows that: 1) the patentee led the alleged infringer to reasonably infer that the patentee would not enforce its patent; 2) the alleged infringer relied on that conduct; and 3) the patentee suffered material injury as a consequence of that reliance. See Aukerman, 960 F.2d 1020, 1028 (Fed. Cir. 1992). Reliance and prejudice are required to estop the patentee from later suing. See id. at 1042-43.
For equitable estoppel to apply, the patentee's conduct must lead the alleged infringer to infer that the patentee does not intend to file an infringement claim, typically by correspondence or actions that communicate "something in a misleading way." See id; Strickle v. Heublein, Inc., 716 F.2d 1550, 1559 (Fed. Cir. 1983).In the most common scenario, this misleading communication occurs when the patentee objects to the infringement but expresses some intention to not enforce its rights through litigation. See Aukerman, 960 F.2d at 1042. While silence alone is not enough to give rise to equitable estoppel, misleading inaction may give rise to estoppel when the patentee couples the inaction with other factors that induce the alleged infringer to believe that the patentee has abandoned its claims. See id. In determining whether a patentee's inaction led to a reasonable inference that the patentee has abandoned his claims, courts have required that communications between the parties "either somehow encourage the challenged activity or indicat[e] an intent to enforce patent rights followed by inaction. See R2 Med. Sys. v. Katecho, 931 F. Supp. 1397, 1416 (N.D. Ill. 1996); ABB Robotics v. GMFanuc Robotics Corp., 828 F. Supp. 1386, 1397 (E.D. Wis. 1993).
For example, the patentee's silence after it threatened to bring an infringement lawsuit and held regular communications with the alleged infringer about developments in parallel litigation regarding the same patent estopped the plaintiff from bringing an infringement action. See Scholle Corp. v. Blackhawk Modeling Co., Inc., 133 F.3d 1469, 1473 (Fed. Cir. 1998). However, when a patentee does not first threaten litigation, courts typically hesitate to estop the patentee's suit. See Aukerman, 960 F.2d at 1043-44 (finding estoppel did not apply when nine years of inaction passed after patentee demanded that alleged infringer purchase a license to use the patent); see also Hemstreet v. Computer Entry Sys. Corp., 972 F.2d 1290, 1294 (Fed. Cir. 1992) (holding estoppel did not apply when a period of inaction followed after patentee sent the alleged infringer an offer to purchase a license).
Here, the record is devoid of any evidence that John or Integrated Cards took any action that could have misled USA into believing that it would not enforce its patent. Although John knew that USA manufactured integrated cards as early as 1995, neither John nor Integrated Cards communicated with Steve or USA regarding the alleged infringement. In fact, there had been no communication at all between John and Steve since the brothers stopped working together in 1987, let a communication or action that would reasonably transmit a reluctance to enforce patent rights. While USA manufactured integrated cards for over ten years, Integrated Cards stood by silently, never threatening to bring suit for infringement of the '488 patent or even demanding that USA purchase a license for the patent like the plaintiffs in Aukerman and Hemstreet. Equitable estoppel requires more. It requires that the plaintiff take some misleading action beyond mere silence. Integrated Cards did not affirmatively encourage USA to produce infringing cards and it did not threaten to bring an infringement action before it sat by silently. Accordingly, it did not engage in the type of conduct that could have reasonably caused USA to believe that Integrated Cards would not enforce its rights in the '488 patent.
For the reasons stated, equitable estoppel does not bar Integrated Cards' claims for infringement of the '488 patent. However, because Integrated Cards had knowledge of USA's potential infringement and unreasonably delayed bringing the suit, the doctrine of laches bars any claim for damage that occurred before Integrated Cards brought suit on April 12, 2006.
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View the time in 48 cities (31 time zones) around the world,
Daylight saving time setting with + UTC (universal coordinated time) time display
UTC direct call feature
■ Moon data (Moon, moon-viewing)
■ tide graph ( around the tide: 3 stage show )
■ Stopwatch
1 / 100 Seconds, with 24-hour total, split
■ Timer
Set units: 1-the maximum set: 24 measured at the time the second unit
■ alarm time 5
Snooze feature only one with-newsletter
■ battery indicator display
Power saving features
Save battery life, turn off the display after certain period of time in the dark
■ Full Auto calendar
■ 12 / 24 hour display switching
■ operation sound on/off switching function
■ EL backlight
Full Auto EL light, afterglow
Afterglow time switch (1.5 seconds / 3 seconds) with )
■ in solar power with no State driving hours from full charge
Feature used when: 9 months
If the power saving state: 26 months
Standard radio JJY40 home time city, (receive functions for cities) receive Radio Taipei, Seoul, Tokyo, Japan / JJY60
(Honolulu) ( ) anchorage, Vancouver, Los Angeles, Edmonton, Denver, Mexico City, Chicago, New York, Halifax, St. John's and America's standard radio WWVB
Lisbon, London, Madrid, Paris, Rome, Berlin, Stockholm, Athens, (Moscow) standard signal DCF77 radio signals and UK MSF, Germany
Standard radio BPC Hong Kong S.A.R., Beijing, China
* ( ) of each city is if the condition is received you may.
* If the radio reception is usually quartz accuracy. ( average month difference ± 15 seconds ) in the works.
Case: 52 x 46 x 16 mm
Case: urethane resin
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July 15, 2003
GFL ADVANTAGE FUND, LTD., A BRITISH VIRGIN ISLANDS CORP., PLAINTIFF,v.DOUGLAS R. COLKITT, DEFENDANT.
This case has been referred to me by Judge Huvelle for discovery disputes pursuant to LCvR 72.2(a). Currently ripe for resolution is defendant's Motion To Stay Consideration Of Plaintiff's Motion To Compel Discovery From Womble, Carlyle, Sandridge, & Rice, P.L.L.C., plaintiff's Motion To Compel Compliance With Subpoena Duces Tecum Served Upon Womble, Carlyle, Sandridge, & Rice, P.L.L.C. and plaintiff's Motion To Strike Sur-Reply In Opposition To Plaintiff's Motion To Compel. For the reasons set forth herein, defendant's motion to stay will be denied. Furthermore, I will grant plaintiffs' motion to compel to compliance with its subpoena duces tecum served upon Womble, Carlyle, Sandridge, & Rice, P.L.L.C. Finally, plaintiff's motion to strike will be denied as moot.
This action initially arises out of two loan transactions made between the defendant, Dr. Colkitt ("Colkitt"), and GFL Advantage Fund Limited ("GFL"). The first loan was for $3 million, which was to be repaid at a seven percent interest rate. GFL Advantage Fund, Ltd. v. Colkitt, 2000 U.S. Dist. LEXIS 21747, at * 7-8 (M.D. Fla. July 17, 2000). The second loan was for $10 million, which was to be repaid at a four percent interest rate. Id. For both loans, Colkitt was the sole borrower and both were unsecured. Id.. The only collateral provided for both loans were shares of stock in companies in which Colkitt was the majority shareholder and chairman of the board. Id. at * 9. In the months following the loan, however, the share price of these companies dropped precipitously. Id. at * 14. In 1997, GFL brought a lawsuit against Colkitt in the Middle District of Pennsylvania to recoup the amount of both loans in addition to the interest that had accrued on the two loans. Thereafter, on April 25, 2000, Judge McClure of the Middle District granted summary judgment in favor of GFL in excess of $21 million. GFL Advantage Fund, Ltd. v. Colkitt, 2000 U.S. Dist. LEXIS 21747, at * 1 (M.D. Pa. July 17, 2000). That decision was subsequently affirmed by the Third Circuit Court of Appeals. See GFL Advantage Fund, Ltd. v. Colkitt, 272 F.3d 189 (3rd Cir. 2001), cert denied, 536 U.S. 923 (2002).
Three months after entry of judgment, GFL began tracking down Colkitt's assets in order to collect on the judgment. After a series of failed attempts at negotiating a resolution of the disputed discovery issues, GFL filed a motion to compel in the Middle District of Pennsylvania. On June 6, 2001, Judge McClure issued an order allowing GFL to seek information from Colkitt and his wife, limiting the scope of discovery to the period after January 1, 1999, and ordering GFL to seek less specific information about the categories of documents it sought. Motion To Stay Consideration Of Plaintiff's Motion To Compel Discovery From Womble, Carlyle, Sandridge, & Rice, P.L.L.C. ("D. Mot. Stay & Opp.") at 8, Exhibit 3.
Thereafter, GFL proceeded with discovery by issuing subpoenas in Florida, Pennsylvania, and the District of Columbia. In March 2002, this court issued a subpoena to Womble, Carlyle, Sandridge, & Rice, P.L.L.C. ("Womble Carlyle"). The subpoena seeks "[c]hecks(s), drafts(s), wire transfer advice(s), notice(s) and/or confirmation(s), debit notice(s), credit notice(s), and letters relating to any payment of retainer, fees and/or costs for or on behalf of Douglas R. Colkitt." Memorandum Of Law In Support Of Motion To Compel Compliance With Subpoena Duces Tecum Served Upon Womble, Carlyle, Sandridge, & Rice, P.L.L.C. ("P. Mot.") at Exhibit B.
At approximately the same time, GFL issued similar subpoenas in the Middle District of Florida as well as the Eastern District of Pennsylvania. D. Mot. Stay & Opp. at 15. Before filing its motion to compel in this court, GFL filed motions to compel compliance with those subpoenas in Florida and Pennsylvania. Id. The Eastern District of Pennsylvania, on December 2, 2002, dismissed the action without prejudice and ordered GFL to re-file its motion in the Middle District of Pennsylvania because"there are still outstanding motions before the Judge in the case giving rise to the judgment in the United States District Court for the Middle District of Pennsylvania." Id. at Exhibit 1, n. 1. GFL re-filed its motion to compel in the Middle District of Pennsylvania as ordered, where it is currently pending. The Middle District of Florida, however, entered an Order enforcing the subpoena, but limited it to the period Judge McClure had previously set for discovery.*fn1 Id. at Exhibit 6, n.2.
Womble Carlyle's Motion to Stay
A court has broad discretion to stay all proceedings in an action pending resolution in a proceeding currently pending in another court. Landis v. North American Co., 299 U.S. 248, 254 (1936)."The power to stay proceedings is incidental to the power inherent in every court to control the disposition of the causes on its docket with economy of time and effort for itself, counsel, and for litigants." Id. at 254-55; Nat'l Shopmen Pension Fund, et al. v. Folger Adam Sec., Inc., 274 B.R. 1, 3 (D.D.C. 2002)(citing Air Line Pilots Ass'n v. Miller, 523 U.S. 866, 879 n. 6 (1998)). This is best done by the"exercise of judgment, which must weigh competing interests and maintain an even balance." Landis v. North American Co., 299 U.S. at 255. The party requesting such a stay must make out a clear case of hardship or inequity in order to prevail. Id. See also Commodity Futures Trading Comm'n v. Chilcott Portfolio Mgmt., Inc., 713 F.2d 1477, 1484 (10th Cir. 1983). But,"[t]he right to proceed in court should not be denied except under the most extreme circumstances." Id.
Womble Carlyle urges this Court to stay plaintiff's motion to compel compliance with its subpoena pending resolution of a similar subpoena at issue in one of the federal courts of Pennsylvania because"it would be most appropriate for the Middle District of Pennsylvania to judge the propriety of Plaintiff's subpoena... and, it would serve the interests of efficiency and judicial economy [as well as] avoid the possibility of inconsistent results on the same issue." D. Mot. Stay & Opp. at 17-18. As noted above, the party requesting a stay of a pending action must establish a"clear case of hardship." Landis v. North American Co., 299 U.S. at 255. Womble Carlyle, however, fails to even argue how it will suffer any harm by this court resolving the issues unquestionably before it. The ad hominem attack it makes on plaintiff and its counsel based on findings in other cases does not relieve this court of the obligation it has to consider whether to enforce the subpoena notwithstanding Womble Carlyle's objections. Those objections will be considered in this opinion. Womble Carlyle surely cannot ask that its objections be heard by a certain court when another party had legitimately invoked the jurisdiction of this Court.
Alternatively, Womble Carlyle argues that"Rule 45 affords the nonparty recipient of a subpoena'territorial protection' by vesting power to compel discovery from a nonparty... in the subpoena-issuing court. However, the nonparty need not take advantage of this'territorial protection'... [because] the recipient of the subpoena may seek a protective order from the trial court." D. Mot. Stay & Opp. at 16-17 (citing In re Sealed Case, 141 F.3d 337, 341-42 (D.C. Cir. 1998)). Regardless of whether Womble Carlyle intends to file a motion for a protective order in the Middle District of Pennsylvania does not terminate this court's ability and obligation to rule on plaintiff's motion to compel compliance with its subpoena. Womble Carlyle's motion to stay is, therefore, denied.
Plaintiff's Motion To Compel Compliance With Its Subpoena
A party is entitled to discover information"if the information sought appears reasonably calculated to lead to the discovery of admissible evidence." FED. R. CIV. P. 26(b)(1). Moreover, a party may only obtain discovery as to a matter that is"relevant to the claim or defense of any party." Pleasants v. Allbaugh, 208 F.R.D. 7, 9 (D.D.C. 2002); Krieger v. Fadely, 199 F.R.D. 10, 13 (D.D.C.2001)(holding that the nature of the claims asserted defines relevancy). Because the substantive nature of the claim defines relevancy and, as to the execution of a judgment, information relevant to GFL's claim would be (1) the location of the judgment debtor's assets which would satisfy the judgment and (2) the source of those assets.
GFL asserts that such documents as checks, drafts, wire transfers, etc., if in possession of the law firm, are relevant because they will"provide evidence concerning the existence of assets... [and] will identify the sources of the funds that he used to pay for legal services." P. Mot. at 4. I agree. Such financial documents and billing records are reasonably calculated to lead to admissible evidence which will provide GFL an opportunity to enforce the judgment rendered.
FED. R. CIV. P. 26(b)(1).
Despite their obvious relevance, Womble Carlyle presents four arguments against production of the documents: (1) that GFL failed to comply with the meet and confer standards of Local Rule 7.1(m); (2) that the information sought is privileged; (3) that GFL's subpoena is overbroad; and (4) that the subpoena seeks only to harass, annoy, embarrass, and oppress Colkitt and his counsel. I will entertain each objection in turn.
First, Womble Carlyle argues that the motion to compel should be denied because of GFL's failure to"include in its motion a statement that it'discuss[ed] the anticipated motion with opposing counsel.'" D. Mot. Stay & Opp. at 20. This argument, of course, omits any mention of the attempts by GFL's counsel to ascertain Womble Carlyle's intention on complying with the subpoena. GFL's Reply Memorandum Of Law In Support Of Its Motion To Compel Compliance With A Subpoena Duces Tecum Served Upon Womble, Carlyle, Sandridge, & Rice, P.L.L.C. And In Opposition To Womble Carlyle's Motion To Stay Consideration ("P. Reply & Opp. Stay") at 5-6 & Exhibit 4. In fact, GFL wrote a letter to Womble Carlyle and followed it up with a telephone call, both of which went unanswered. It was only after these fruitless attempts to meet and confer that GFL filed its motion to compel.
The Local Rule contemplates that counsel will speak to each other; it does not anticipate that counsel's attempts to initiate a dialogue will be stonewalled. I find it unreasonable to insist that counsel wait for a response that never comes, like the two tramps who wait for Godot, before filing the motion.
In any event, Womble Carlyle's objection to the claimed violation of the rule would be more attractive if it were accompanied by a representation that Womble Carlyle did not have an objection to some or all of the relief requested. Of course, it opposes every aspect of the motion. If I were to strike the motion for failure to comply with the rule, GFL would have to then comply with it and re-file the motion all the while knowing of Womble Carlyle's opposition to it. I see no purpose in reading the rule to require everyone to engage in such a silly waste of everybody's time.
Womble Carlyle next asserts the attorney-client privilege with respect to the financial documents and billing records sought by GFL. The attorney-client privilege protects confidential communications made by the client to an attorney for the purpose of seeking legal advice. Tax Analysts v. Internal Revenue Service, 117 F.3d 607, 617 (D.C. Cir. 1997). In turn, communications from the attorney to the client are also privileged if their disclosure would reveal the client's confidential communications to the attorney. Coastal States Gas Corp. v. Dep't of Energy, 617 F.2d 854, 862 (D.C. Cir.1980). As I wrote in Evans v. Atwood, 177 F.R.D. 1 (D.D.C.1997):
This Circuit, however, more narrowly defines the attorney-client privilege to protect from disclosure the communications made by the client to the attorney for the purpose of seeking legal advice. Tax Analysts v. Internal Revenue Service, 117 F.3d 607, 617 (D.C. Cir.1997). The privilege protects the communications made by the attorney to the client only insofar as the attorney's communications disclose the confidential communication from the client. Brinton v. Department of State, 636 F.2d 600, 603-604 (D.C.Cir.1980). See Schlefer v. United States, 702 F.2d 233, 244 (D.C.Cir.1983); Coastal States Gas Corporation v. Department of Energy, 617 F.2d 854, 862 (D.C.Cir.1980); Mead Data Central v. United States Department of the Air Force, 566 F.2d 242, 253 (D.C.Cir.1977).
Id. at 3. Moreover, the privilege only applies when the information is the product of an attorney-client relationship and is maintained as confidential between the attorney and client. Brinton v. Dep't of State, 636 F.2d 600, 603 (D.C. Cir. 1980). See also S.E.C. v. Bilzerian, 2001 WL 1801157, at * 1 (D.D.C. June 15, 2001). The standard to be applied is whether the client reasonably intended the attorney to keep the communication confidential. Id. (quoting In re Ampicillin Antitrust Litigation., 81 F.R.D. 377, 389 (D.D.C. 1978)).
Before a court turns to the question of privilege, the subpoenaed party must comply with the requirements of Fed. R. Civ. P. 45 (d)(2) which provides:
When information subject to a subpoena is withheld on a claim that is privileged or subject to protection as trial preparation materials, the claim shall be made expressly and shall be supported by a description of the nature of the documents, communications or things not produced that is sufficient to enable the demanding party to contest the claim. The rule is obviously mandatory. Failure to comply with it"is deemed to waive the underlying privilege claim." In re: Grand Jury Subpoena, 274 F.3d 563, 576 (1st Cir. 2001) and cases cited therein.
Womble Carlyle excuses itself from compliance with this rule on the grounds that the nature of the documents is well-understood, and a privilege log would not further elucidate their nature or might, on the other hand, disclose the very information claimed to be privileged. Sur-Reply Brief in Opposition to Plaintiff's Motion to Compel at 12-13. But, as I have explained, the subpoena seeks"[c]hecks(s), drafts(s), wire transfer advice(s), notice(s) and/or confirmation(s), debit notice(s), credit notice(s), and letters relating to any payment of retainer, fees and/or costs for or on behalf of Douglas R. Colkitt." P. Mot. at Exhibit B. It is impossible to understand how any such materials could possibly fall within the attorney-client privilege as I have defined it. The apparent inapplicability of the privilege on its face increases, rather than decreases, the need for a privilege log.
Womble Carlyle nevertheless attempts to compare itself to an attorney who was subpoenaed to testify and produce documents before the grand jury in order to identify those people, unknown to the government, who had paid the attorney legal fees in connection with the attorney's representation of other defendants. D. Mot. Stay & Opp. at 21 (citing In re Subpoenaed Grand Jury Witness, 171 F.3d 511 (7th Cir. 1999)). In that case, the Seventh Circuit held that forcing the attorney to identify who paid him would reveal the client's motive for seeking legal representation, and learning why an anonymous person sought legal advice would disclose what that person intended to keep confidential. Id. at 514. Accordingly, Womble Carlyle suggests that"[p]laintiff appears to be seeking to learn whether others have made payments'on behalf of' Dr. Colkitt, presumably to bring (or support) fraudulent conveyance actions against them," thereby seeking out third-party payors identities which are deemed to be privileged by the Seventh Circuit. D. Mot. Stay & Opp. at 20.
I see absolutely no connection between the instant case and In re Subpoenaed Grand Jury Witness. Here, everyone knows Colkitt's identity and why he sought Womble Carlyle's legal representation. Learning how much he paid and the bank accounts and other depositories cannot possibly disclose what Colkitt told Womble Carlyle in confidence for the purpose of seeking legal advice or representation. Athridge v. Aetna Cas. & Sur. Co., 184 F.R.D. 181, 188 (D.D.C. 1998)("There is nothing in these letters and bills [produced during litigation] which discloses any information communicated... for the purpose of seeking his legal advice."). Billing records are usually generated for ordinary business purposes and merely include who the bill is being sent to and how the fee was paid. See Nesse v. Pittman, 202 F.R.D. 344, 356 (D.D.C. 2001). In some cases, billing records have been deemed to be privileged. (holding that billing entries of an attorney were privileged under the work product rule because they disclosed what the attorney had done for the client, thereby revealing his mental processes). Id. However, that is not the case here. Womble Carlyle is only asserting that these alleged billing records and financial documents are covered by the attorney-client privilege, not the work product rule. D. Mot. Stay & Opp. at 20-21. Additionally, GFL has made it clear that the only information it seeks is the location of Colkitt's assets in order to enforce the $21 million judgment entered against him. P. Reply & Opp. Stay at 1-2. Indeed, I note again that the subpoena seeks only"[c]hecks(s), drafts(s), wire transfer advice(s), notice(s) and/or confirmation(s), debit notice(s), credit notice(s), and letters relating to any payment of retainer, fees and/or costs for or on behalf of Douglas R. Colkitt," not billing records.
Womble Carlyle nevertheless parades a horrible: GFL may then use information that other persons paid fees on Colkitt's behalf to claim that those payments were fraudulent conveyances. But, Womble Carlyle cannot possibly assert an attorney client privilege with those third parties; if their payments were"communications," they were not made by their clients, nor were they for the purpose of seeking legal advice or representation. Moreover, whether GFL has other uses for the information has no bearing on whether the information is relevant. Indeed, it is hard to imagine how information concerning fraudulent conveyances to avoid creditors could be any more relevant to the topic and purpose of GFL's subpoena.
The third objection to GFL's motion to compel is that the subpoena is overbroad because it is"without any temporal limitation." D. Mot. Stay & Opp. at 21. Judge McClure from the Middle District of Pennsylvania limited discovery against Colkitt in the post-judgment proceedings to the period commencing January 1, 1999. Id., Exhibit 3 at 6-7. Additionally, Judge Lazzara in the Middle District of Florida imposed such limitation when he granted GFL's motion to compel in that jurisdiction against another law firm. Id. at Exhibit 6. Accordingly, I will also impose the same temporal limitation set by Judge McClure, and upheld by Judge Lazzara, on GFL's discovery of those documents listed in the subpoena.
Lastly, Womble Carlyle gripes that GFL's subpoena is"nothing more than an effort to further harass and frustrate Dr. Colkitt and his counsel" and suggests that GFL discover the information from the source itself, namely Colkitt. Id. at 22. Colkitt has not paid any of the $21 million judgment since 2000 and has hired lawyers to limit the discovery of those assets which potentially could pay off the judgment. Why would GFL possibly expect to receive any more meaningful discovery from Colkitt than it would from law firms who represent him and his interests?
Plaintiff's Motion To Strike
Pursuant to Fed. R. Civ. P. 12(f), a motion to strike will only lie if a pleading contains redundant, immaterial, impertinent or scandalous matter. Makuch v. F.B.I., 2000 WL 915767, at * 1 (D.D.C. January 7, 2000); FED. R. CIV. P. 12(f). Such motions are disfavored and some courts have indicated that parties may not attack briefs and motions in such a fashion.*fn2 By the same token, a court surely possesses the power to correct an imbalance when one party has raised a new matter in a brief or memorandum of points and authorities. Makuch, 2000 WL 915767, at * 1 (holding that the court possesses considerable discretion in disposing of a motion to strike).
GFL first argues that Womble Carlyle's Sur-Reply Brief In Opposition To Plaintiff's Motion To Compel should be stricken because it was filed without leave of court. That argument, however, is moot. On January 31, 2003, I granted Womble Carlyle leave to file its sur-reply as denoted by my signature and the fiat language,"Let this be filed," on the cover page of the brief.
Next, GFL asserts that the sur-reply"should nevertheless be stricken for failure to adhere to the standards for filing sur-replies in the U.S. District Court for the District of Columbia." Motion To Strike Sur-Reply In Opposition To Plaintiff's Motion To Compel at 2. GFL contends that Womble Carlyle has presented"no additional facts or new matters of any relevance to GFL's Reply." Id. at 3.
Our local rules contemplate only three filings when a motion is filed, the motion, the opposition and the reply to the opposition. If the last pleading filed, the reply, raises new matters, then the opponent may be"sandbagged" by not being able to answer a contention that appeared for the first time in the reply. Hence, the standard in this court for granting leave to file a sur-reply is"whether the party making the motion would be unable to contest matters presented to the court for the first time in the opposing party's reply." Lewis v. Rumsfeld, 154 F.Supp. 2d 56, 61 (D.D.C. 2001); Robinson v. The Detroit News, Inc., 211 F.Supp. 2d 101, 112 (D.D.C. 2002). GFL's reply brief raises no new arguments which Womble Carlyle would have been unable to contest without the filing of its sur-reply. The reply brief merely addresses the arguments made by Womble Carlyle in its opposition papers. Because there are no novel issues which necessitated a response, Womble Carlyle's sur-reply would be eligible to be stricken and not considered in the resolution of GFL's motion to compel compliance with its subpoena. But, I granted leave to file the sur-reply and have reviewed it in my resolution of this case. GFL has now prevailed and was not harmed by the filing that merely reiterated what Womble Carlyle had already said. In my discretion, I will simply deny GFL's motion as moot.
Because Womble Carlyle has not shown a compelling need or demonstrated any hardship in order for this court to invoke a stay of these proceedings, its motion to stay consideration of plaintiff's motion to compel compliance with its subpoena is denied. Instead, plaintiff's Motion To Compel Compliance With Subpoena Duces Tecum Served Upon Womble, Carlyle, Sandridge, & Rice, P.L.L.C. is granted. Finally, plaintiff's motion to strike Womble Carlyle's sur-reply brief is denied as moot.
An Order accompanies this Memorandum Opinion.
In accordance with the accompanying Memorandum Opinion, it is, hereby, ORDERED that plaintiff's Motion To Compel Compliance With Subpoena Duces Tecum Served Upon Womble, Carlyle, Sandridge, & Rice, P.L.L.C. [#1] is GRANTED as to those documents deemed not to be privileged. It is further, hereby,
ORDERED that defendant's Motion To Stay Consideration Of Plaintiff's Motion To Compel Discovery From Womble, Carlyle, Sandridge, & Rice, P.L.L.C. [#4] is DENIED. It is further, hereby,
ORDERED that plaintiff's Motion To Strike Sur-Reply In Opposition To Plaintiff's Motion To Compel [#10] is DENIED as moot. It is further, hereby,
ORDERED that the parties' Consent Motion For Hearing [#11] is DENIED as moot. SO ORDERED.
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Steve Diamond, Sale Sharks' executive director of sport, is back in hot water with the RFU after it charged him with two counts of verbally abusing match officials.
Diamond is due to appear at an RFU disciplinary hearing on Tuesday, where he will face allegations that he verbally abused Wayne Barnes, the referee, and Rhys Davies and Gareth Copsey, his assistants, at the end of Sunday's Aviva Premiership game between Sale and London Irish at the Madejski Stadium.
The RFU said Diamond had been charged under its rule 5.12, which covers "conduct prejudicial to the interests of the Union and/or


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An online MTG magic client for linux, windows, etc. With this software you can play magic with your friends, or someone else, and you can see all cards pics. very similar to mws, but this proyect is no compatible with it.
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FY2017 EPS Estimates for Franco Nevada Corp Lowered by National Bank Financial (FNV)
Franco Nevada Corp (TSE:FNV) – Stock analysts at National Bank Financial reduced their FY2017 EPS estimates for Franco Nevada Corp in a research note issued on Wednesday. National Bank Financial analyst S. Nagle now forecasts that the firm will earn $1.44 per share for the year, down from their prior forecast of $1.61. National Bank Financial has a "Sector Perform Market Weight" rating on the stock.
A number of other brokerages also recently issued reports on FNV. CIBC lifted their price objective on shares of Franco Nevada Corp from C$100.00 to C$110.00 in a research report on Wednesday, August 10th. TD Securities reaffirmed a "hold" rating and issued a C$77.00 price objective on shares of Franco Nevada Corp in a research report on Wednesday, August 10th. Finally, Canaccord Genuity cut their price objective on shares of Franco Nevada Corp from C$105.00 to C$86.00 in a research report on Tuesday, July 12th. Five analysts have rated the stock with a hold rating and three have issued a buy rating to the stock. Franco Nevada Corp currently has an average rating of "Hold" and a consensus price target of C$82.75.
Shares of Franco Nevada Corp (TSE:FNV) opened at 83.27 on Monday. Franco Nevada Corp has a one year low of $58.67 and a one year high of $105.69. The stock has a market capitalization of $14.83 billion and a PE ratio of 246.36. The firm's 50-day moving average is $91.75 and its 200-day moving average is $91.59.
About Franco Nevada Corp
Franco-Nevada Corporation (Franco-Nevada) is a gold-focused royalty and stream company. The Company's additional interests are in platinum group metals and other resource assets. The Company operates in the segment of resource sector royalty/stream acquisitions and management activities. The Company's business model provides investors with gold price and exploration optionality.
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Working at Home, for Better for Worse
By ROBERT E. CALEM;
Published: April 18, 1993
VIRGINIA R. COFFEY, a vice president at Bankers Trust, shares her office two days a week with a 4-year-old and an 18-month-old. Working out of her Brooklyn house, she is at one moment handling the accounts of banks in Australia and New Zealand, and at the next moment attending to the needs of her two children. "At the office, I have one function," she said. "At home, I'm a mommy and a banker." It is, to say the least, "a wearing situation."
Some of her colleagues are skeptical about her working at home the past four years; they "think it's a bunch of malarkey," Ms. Coffey said.
But not her boss at Bankers Trust, Richard W. Upton. He says Ms. Coffey is more productive than many employees who are in the office full time. "It works because you have a mature and responsible individual," Mr. Upton said.
It has been more than a decade since American workers, helped by advances in computers and telecommunications, began going downstairs instead of downtown. There were about 6.6 million such "telecommuters" -- employees of businesses or government agencies working part or full time at home instead of at the office -- nationwide last year, up 20 percent from 1991, according to Link Resources, a New York market research firm. And they're growing in number faster than any other kind of home worker. Still, the telecommuters represent only about a sixth of the 39 million Americans who worked at home last year. Among the rest, 11.7 million were part-time self-employed, 12.1 million ran a business full time from home and 8.6 million took work home from the office after-hours.
With the number of telecommuters expected to rise sharply, the experiences of pioneers like Ms. Coffey and her employer can be instructive.
From an employer's standpoint, working from home has proved a winner. The 10 supervisors interviewed for this article all reported either an increase in the employee's productivity or no change; none saw a decrease. Several recent studies in government and business have also found higher productivity. The gains were attributed primarily to fewer interruptions by co-workers, meaning better concentration on the task at hand. Keeping Valued Workers
Employers also said an offer to work at home allowed them to retain and recruit valuable employees, and sometimes to make double use of desks at headquarters, meaning lower overhead for office space.
On the other hand, an employee's absence from the office can mean delays in urgent work and meetings. And the arrangement can be a fiasco if the employee has children who are unattended, or if the employee doesn't have the discipline to work without continuous supervision.
From the employees' standpoint, telecommuting has proved a mixed blessing, but one they would not relinquish. Telecommuters say they miss the social contact. Then there is the compulsion to work at all hours, because the office is right there, and the sense that they are captives to the job even at home. At the same time, some telecommuters expressed fear that their absence from the office might lead co-workers to think they're goofing off, and bosses to forget them for promotions.
Still, all telecommuters pointed to the many benefits. Those with children mentioned the value of spending more time with them. Those who had endured long commutes talked of the time saved. They were pleased about saving money they would have spent on transportation, business clothes and meals.
While telecommuting has grown in the past several years, it is still insignificant compared with what is soon to come, for a number of reasons.
Advances in technology are making remote offices not only possible but appealing. Personal computers, facsimile machines and cellular phones grow more powerful and cheaper; new hardware and software that seamlessly connect home PC's and office networks allow a "virtual office" almost anywhere.
As the decade progresses, telecommuting will also be propelled by environmental demands. The Federal Clean Air Act amendments of 1990 mandate that businesses with 100 or more employees in urban areas deemed to have certain air-quality problems reduce the use of cars by employees. Some companies in New Jersey, Connecticut and Texas are expected to begin implementing their plans next year, with those in eight other states, including New York, Pennsylvania and California, expected to comply by 1996. Telecommuting would be a good solution, said Thomas E. Miller, vice president of home office research for Link Resources.
Another trend points to increased reliance on telecommuters: the use of part-time and contract workers, many of them not covered by benefit plans, as companies shrink their "core" work forces to cut costs.
Most telecommuters, about 5.1 million, were white-collar workers, Mr. Miller said. More men (3.5 million) than women (3.1 million) telecommuted last year.
"Small businesses lead in adoption of telecommuting," Mr. Miller said, "because they're less procedure-bound than bigger organizations." But he added that bigger companies are discovering telecommuting as an outgrowth of streamlining. Among the big businesses that have embraced telecommuting are Bankers Trust, American Express Travel Related Services, the Travelers Companies, Sears Roebuck and Tele-Communications Inc.


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Computers4Kids Computers4Kids
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We strive to improve low income youth's computer and learning skills through caring mentorship, structured training, a vibrant learning environment, and access to a computer at home. The program uses computers as a catalyst for youth to challenge themselves, become engaged in their own learning, and realize greater possibilities academically, professionally, and for their community.
Computers4Kids (C4K) provides after-school mentoring, technology training, and technology access to low-income middle and high school students. Students take advantage of access to an independent computer learning lab, a refurbished home computer, educational workshops, and one-on-one mentoring. All services are free. Students meet with their mentor one hour/week for nine months, and design technology projects based on their own interests. Through this process, students acquire the technology skills needed to obtain the nationally recognized Tech Yes Student Technology Literacy Certification. Once a year, C4K holds a graduation ceremony to honor the significant accomplishments of these students, and the invaluable contributions provided by their mentors.
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Music Gear News
Hank Marvin regrets not taking George Harrison's advice
Although the band did collaborate with Cliff Richard on many tracks with vocals, they rarely sang on songs that came out solely under their own name.
However, Marvin has revealed that The Beatles' electric guitar player George Harrison encouraged them to change their approach following the release of Don't Make My Baby Blue.
"He told me how much he loved the single," Marvin commented.
"'Take my advice,' he said - 'forget about being an instrumental group and follow up on the vocals'."
However, The Shadows did not take this advice - a decision that Marvin said he now regrets.
Indeed, he stated that the band were "idiots" for ignoring Harrison's suggestion.
The band achieved considerable chart success on instrumental records such as FBI, Apache and The Rise and Fall of Flingel Bunt.
George Harrison's appreciation of the band is evident in the first ever original composition that was professionally recorded by The Beatles - an instrumental entitled Cry For A Shadow.Posted on 28 Sep 2009 15:15 to category : Band / Celebrity News
Related Music News
Laying the foundations for generations of artists to follow, the legendary musician Leonard Cohen has passed away from unspecified causes.
Stating it as more of a necessity for the band, M. Shadows highlights the importance of not stagnating and keeping things exciting
Cancelling his remaining shows in December due to ill health, fears arise over the guitar legends health
Verified by the guitarist himself, Slash's B.C Rich played a pivotal role in Guns N' Roses rise to fame
Featuring a number of tracks by their favourite artists, the Stone's latest effort is set for release December 2nd
Speaking to friend and radio host Eddie Trunk Frehley stated that he would rejoin the band if the offer came his way
Recent Music News
Some formats of compressed MP3 have been linked with negatively effecting individuals emotional state due to their inherent tonal characteristics
Once again Cubase continue to pave the path of innovation with Cubase Pro 9
Changing colour from its previous grey to a sleek black, the Launch Control XL's appearance has been re imagined to keep it inline with its Launch key and Launchpad counterparts.
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A premium belt-drive turntable that features wireless streaming, the BT-500 has been designed to extract every musical detail of your record collection
With new windows drivers installed and great savings to be made on selected models, Focusrite are giving you more and more reasons to be merry this Christmas


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TCM is my favorite channel... really, the only one I watch anymore... but I know that when Robert Osborne dies/retires, Ben Mankaface will take over and turn it into some counterculture hellhole, showing mostly stuff from the 60's and 70's. I'm trying to catch all the good stuff from the 30's to the 50's now that I can, because I know that when he takes over, they'll be pretty rare. He'll destroy what others built.
Netflix has a fair selection. TCM is(was) the greatest.


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- 'American Idiot' at EPAC
- Warwick grad producing 'Million Dollar Quartet' at Dutch Apple
- 'Somewhereville Station' revisits the 50s and 60s
- St. Patty's musical at Ephrata Main
- Dance, concert will benefit Jamaica missions
- Happy Anniver5ary, St. Boniface!
- Downtown diversity
- Travelogue will explore Colorado River this Saturday
- Cool lineup!
All posts tagged "featured"
Area schools open Monday, New program links EASD freshmen
With the cool air that finally arrived this week, came that realization that it's almost time for the school bells to once again ring in the area. Monday, Aug. 29 will indeed be opening day in both...
- Posted August 24, 2016
Cow Raising
Two dairy cows fell into a manure pit at a local farm on Lincoln Road in Clay Township Aug. 17 and were rescued with the assistance of Brunnerville firefighters. Firefighters, farmers and neighbors worked for over two...
- Posted August 24, 2016
Ephrata celebrates 125th with party downtown
Happy birthday, Ephrata. Ephrata Mayor Ralph Mowen and Ephrata Borough Council President Sue Rowe blew out the candles and they were immediately joined by more than 200 men, women and children with the singing of "Happy Birthday,...
- Posted August 24, 2016
Hawk Valley homes planned for November
Landmark has renewed plans for The Villages at Hawk Valley, which would replace fairways and sand traps with houses on the course, which is bisected by Crestview Drive. By...
- Posted August 17, 2016
Still no answers for residents of Clay Township development
By Marylouise Sholly Questions of financial responsibility continue to swirl around the Wildflower Pond Development, and residents of the development say they are fed up with the confusion that's been going on for years. Although the development...
- Posted August 17, 2016
Final creek concert of the season
About 4:30 Tuesday afternoon, the last of this year's Concert by the Creek performances looked like it was going to take place in the rain. Splintered Sunlight was set to go on at 6:30, but with...
- Posted August 17, 2016
Baseball pioneers: The '46 Ephrata Jr. legion team had an amazing first year
Ephrata High School and the summer American Legion program certainly has a great baseball history. And it all started in the late 1940s when a group of baseball pioneers got the program off and running. This summer...
- Posted August 17, 2016
Emotions flare over horse beating incident
By Patrick Burns An Ephrata Township 20-year-old went to District Judge Tony Russell's office Monday to pay fines relating to an Aug. 2 incident which elicited social media criticism and rage often directed squarely on the local...
- Posted August 11, 2016
Savoring Memories: DiBlasis' reflections cook up the right recipe for retirement
Why stay in business in the same place in one small town for more than four decades? A conversation with Sam and Callie DiBlasi of Denver will quickly — and repeatedly — provide the answer. "It's all...
- Posted August 10, 2016
Open council seat filled
Three solid candidates. Three rounds of voting. But in the end, it was Greg Zimmerman who was Ephrata Borough Council's choice to fill the vacancy created by the recent resignation of Dale Hertzog. Tina Thompson, Richard...
- Posted August 3, 2016


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2000 LIKES!? – Name of Obligation Trendy Warfare 2 Coming to Subsequent Gen Consoles! Name of Obligation Trendy Warfare 2 on Xbox One Retailer! Black Ops 1 and MW2 will more than likely be coming to Xbox One! Be sure you SUBSCRIBE!
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On this video I speak concerning the risk and leaks that we now have about trendy warfare 2 and different previous name of obligation video games coming into the xbox one retailer and with the ability to be performed on subsequent gen consoles, Thanks for Watching!


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we have gone through a lot of changes in the past few weeks. . .with the burst of cooler fall air this week, I've turned my attention to fall decorating.
fall is my favorite season - i love the colors and the decor that goes along with it. so today, i put a new arrangement on the door. . .
and gathered some recent gifts and a purchase that will fit in nicely with an autumnal theme.
do you decorate for Fall - or just Halloween?
catch you soon -
Friday, September 10, 2010
a change in the air. . .
Written By: Hillary Chybinski
Labels: decorating, fall, home
I'm Hillary - a wife, mom, Lifestyle Blogger, Social Media Strategist, crafter, reader and dreamer. This is my slice of the web where I share ideas and inspiration for living a simple, casual life. Find posts about adventure, family, food, home, style and more.
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Realizing their dreams, Harvard's newest Rhodes Scholars unveil their plans for the Oxford years. Read More
It's that time of year again! Global Networking Night is worldwide on January 11! http://hvrd.me/KTXY306L9Ba… https://t.co/WoGP1ScLNv
For @sgreenberg129'14 Harvard Square Homeless Shelter was the place where he felt truly comfortable http://hvrd.me/jxCs306RmBh
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A design contest driven by student competition and community involvement is leading to a "street-level, rooftop" garden in Longwood Medical Read more…
Atlanta-raised Brynn Elliott '18 learned guitar at 16 and performs with a self-titled band. Read more…
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Our team has over 30 years of experience in the audio visual industry. We pride our selves on being the most professional business with the top of the line equipment.
We offer a wide variety of screens and monitors for your event! We have tripod screen, fast fold screens with front and rear projection fabric and most any size monitor that would make your event perfect.
We only carry top of the line audio equipment including analog and digital audio mixers as well as QSC Speakers. We also offer a battery powered option for those outdoor venues with no power.
We offer many top of the line projection options. From true HD 1920x1080 5000 lumen projectors. To standard definition 1024x768 3000 lumen projectors.
Call us today! 303-545-2147 We strive to bring you the highest quality in audio visual equipment and technicians. Let us be a part of your next event!


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Check in from 15h / Check out prior to 12h
New Tsukamoto Hotel Chiba: Find photos, reviews, information, amenities and compare prices for 4 stars hotels in Chiba, Japan.
This Chiba hotel is located within a 10-minute walk of Shiyakusho-mae Monorail Station. It is ideally positioned for guests wanting to discover the area's attractions.
Hotel description
This 4.5-star hotel offers connecting rooms, a laundry service and a vending machine.
The rooms include a refrigerator and a private bathroom. Bathrobes are also provided for extra comfort.
On-site dining options include a restaurant, which is an ideal spot to enjoy a meal.
New Tsukamoto Hotel Chiba is less than a 40-minute drive from Narita International Airport and Tokyo Bay is a short walk away. It is also conveniently situated near a variety of dining options.
Hotel features
Restaurant, Non-Smoking Rooms, Refrigerator, Cable / Satellite TV, Connecting Rooms, TV, En suite, Private Bathroom, Vending Machines
Laundry service
Availability and Prices
Booking Site
Room Type
Per room
Per night
Per night
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