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|This is a discussion on Is this valid low stakes bubble strategy? within the online poker forums, in the Cash Games section; I haven't seen this discussed before, and I'm curious what folks think. I've seen this occur in freerolls and in low stakes tourneys (mt-sngs and
Is this valid low stakes bubble strategy?
I haven't seen this discussed before, and I'm curious what folks think.
I've seen this occur in freerolls and in low stakes tourneys (mt-sngs and other mtts) -- up to $3.30. I don't know if it happens at higher levels because I'm too much of a pansy to play anything higher (still have low bankroll at a few sites, cadged together from freerolls).
Ok... so we're down to maybe 20-30 players to get out before the bubble.
Short and medium stacked players use all of their time each and every hand. If you have 2 or 3 of them at your table, each hand takes at least one full minute before you even get to see the flop -- and God forbid they actually play the hand and delay each bet.
I understand the strategy - you hope that by slowing down your own table folks at other tables have more opportunity to go all-in against each other and get you closer to the money.
My question is - is this actually valid? Isn't it more the case that by delaying you allow blinds to escalate and you in fact diminish your chances of making it ITM?
If it is valid, how far above the bubble position does it become valid? I've seen (rarely, admittedly) this take place 50-60 seats above the bubble.
Also, IMO, the onlhy time it's a worthy strategy is in one of the freerolls that pay a few seats with usable money -- for instance the 2700 player $100 freerolls at Fulltilt with min payout being $2.00. It's really not worth risking the escalated blinds when the min payout is a few dimes.
Any thoughts?
ive seen this before but not at the small stakes that you are referring to. i saw this once in and Aussie millions sattelite on ftp. and they were 10 from the money which was a seat obviously. i dont know about people doing htis in fr's but if they do that is crazy to me. a free buy in and im not just trying to cash im trying to win. if i bust before the money ina fr i dont like it but who cares there will be another one soon enough and you didnt lose any money just time. i dont like this practice my self. i alway try and act as quickly as possible cuz i like to play tight aggressive in tournesy anyway. this way i can see as many hands as quickly as possible. i dont like the time wasters. gl and play on.
Great post, and it does happen, in a variety of ways of implementing the 'Clock'. Is it valid? Unfortunately, yes, the rules are defined, and all agree to them. Is it good etiquette, NO.
Is it a 'valid strategy'. Could be? Does it work? Methinks it does. Seems people are doing it, and you are bringing up the subject.
Do I like it, no. Would I do it, no. Would others, sure!
Anyway, good post.
Ok, I am not going to be popular but yes I have done this and will continue to do so. If I am a short stack and need to wait out 20 more players to the money to get my buy in back, I will use the clock.
I, unlike most of you, do not have a huge bankroll, so if I can get my buy-in back plus a little extra I will do everything I can to get it.
I wait until my time has run down, just before my timer starts, then fold. If it is less than 10 players, I'll let the timer start to run.
re: Poker & Is this valid low stakes bubble strategy?
i think it can be valid if there say 19 left and 20 make the money to slow down the play so the blinds will increase and the SS wont get another round,
eg. blinds 1000/2000 and the SS has 4200 and is 3 seats away from the BB, the next level is in 3mins and will be 1.5k/3k. We use up our maximum time if we only have a medium stack as we do not want the SS to be able to fold another found of blinds and risk not making the money by shoving AA and loosing, we would prefer the SS was eliminated before we got the blinds again so we use our clock so that when the SS is the BB it will be 1.5k/3k and he will hopefully get eliminated.
Thanks for the responses... Believe me dufferdevon, I understand. I don't have much of a bankroll either, and I have played the clock once or twice back when I first saw folks doing it.
I do realize that it's valid - the clock is part of the game.
But I'm really thinking more of strategy. Dufferdevon's comments about a low-stakes buy-in game are good. I can see that if you're close to the bubble and seriously short-stacked, you might be just hoping for your stake back so you can try again at another table. And definitely the big stacks are gonna be pushing at that point.
However, a couple of comments:
If the big stacks see you playing the clock, they're MORE likely to push -- they know you're worried about making the bubble and so won't call off with anything but the biggest monster hands. So you'll clock out each time but be guaranteed to lose your blinds as well. If you're stack is middlin' at least, you're better off showing that you're not afraid to play a strong (but not necessarily monster) hand.
And in the dimes-payout FR - it makes absolutely no sense at all. Not only because of the fact that you're not losing any money, but because it's just not good odds strategy (IMO). You let yourself get blinded down to the point that it will be nearly impossible to advance beyond the 20-40 cent level of win, so you set the stage for meager winnings. I think that in the long run, over several tourneys, if you actually play your hands in that situation, you'll be more likely to accumulate enough chips to get you a greater payout. If you can make it to the $1 level in one tourney, that's worth more than 3 at the 30-cent level. What are the odds of making it to the money on 3 FR?
I think its a valid option, however I never understand the people that implement it when you are in hand for hand play, my instance being the $2 sattys to the 100k, you are usually down to 3 tables and there is no point in it as no other hand will be played till all hands are completed and no hands can be completed unless you play. Please don't tell me I'm having a DJ moment .
Guess I can see a point to this so-called strategy, use the clock and maybe let the other tables play more hands and knock each other out ...
But good comments by KD, you still have to play the game! Even if you let the clock run down before making your play, you have to play a playable hand even when, and perhaps especially when, short-stacked.
Otherwise you're just contributing to the big stacks.
I was playing in one of the fantasy poker freerolls on full tilt and was way low on chips and it pays 3.00 for the first 360. The other players on the table slowed the game down for me and told me to use the clock and slow down so I could cash. I did and thanked them all, then I luckily got hot and ended up making 4.00. Without them helping me and telling me what to do out of respect for the others I probably would not have done this. So sometimes it is a valid strategy especially if the other players are understanding.
re: Poker & Is this valid low stakes bubble strategy?
I have to say that it makes a lot of sense to do this in 3 situations.
1 - You are cheap leader by a lot and want the blinds to move up, players to drop off so you don't have to deal with the all-in fest that takes place before and just after the bubble. I hate getting something like JJ near the bubble and the short stk pushes. He's most likely pushing with some ace or a lower pocket pair. Normally you would have no problem calling these kind of bets, but all it takes is a couple of idiots getting lucky to cripple your stk going into the real money. It's one thing playing aggressive with a big stk around the bubble knowing people are playing scared and wanting to make the money it's another calling any all-in with JJ, QQ, AK even though you know the idiot that still have 12 BB's probably has A10o you still can't risk that much if you have a very healthy stk. If you have a F*** You stk than it's not much of an issue. I can say it's very frustrating to call with QQ and see A4o come and then they flop a straight or an ace ball hits and now you only have 12 BB's.
2 - If you are the last 5 or so players from busting and you are watching the others play and they are going all-in often then it's worth waiting it out. The other 4 will most likely drop out before your stk gets too low. Of course you wouldn't fold big, big hands, but you wouldn't fool around with A10 or below or any pocket pair below 99.
3 - In a satillite it's well worth this. If you have plenty of chips and are not in any kind of risk of blinding out in the next 2 hours and the bubble is really close or the bubble is here than you should take all of your time and time bank up before folding. You are only helping those 3 guys that are fighting for that last spot and not doing any favors for the other players like you that have secured your seat and want to finish up.
Well, here's a twist I hadn't even considered. I was thinking about the bottom end of chip stacks - those that are struggling to sneak into the bottom payout.
But to use the clock and escalating blinds as a big-stack weapon - interesting. I can see that it might come back to bite you in the ass later on if some mid-stack damages you with a draw, but in general, it's going to hurt the lower end more than the top stacks.
Definitely something to consider.
I don't play the clock out when I play.
What's the point, if I'm SS, why would I run the clock?, to make ITM just to get my money back?, I don't see the point when I have a better chance of doubling up with the next possible hand, if I'm on the SS and there are players who kill the clock, I get frustrated because I want my next cards.
I have faith in my abilities as a poker player that I have a better chance of making it further up the pay scale if I can get my cards sooner instead of killing time and let the blinds eat my meager stack.
I look at poker as I would look at life, If I'm going to die, I'm going to do my best to prolong my life, not just lie there waiting for death.
At bubble levels in a low stakes MTT, I fail to see the point. EXAMPLE: Say you've played 2+ hours in a $2 MTT and you're at low M to get into tier 1 of the money. So, you stall, piss off the whole table,aqnd put a target on yourself, and for what? Say it works, you firrle and twiddle, and finish 128th in a tourney that pays 130. Yee haw and congratulations, you made 85 cents for your efforts. Now you can go get a Snickers and celebrate; the feast is yours.
No matter what the stks are here is my thoughts on the clock.
During low stakes tournaments the DONKS with 15BB's are still pushing with A10o. It's a bitch to raise 2.5BB or 3BB with hands like 88 and get one of those guys moving in over the top with A10, A9, A8, 44, 55 ect. Of course you don't know what they have, but I'm not calling off 18BB's with 88. It really depends on your table so you might not play this way if your table is really tight. If they are really tight you want to put the pressure on. If there are no players at your table you think are going to go over the top constantly with any 2 cards than you can adjust your play and play at normal speed.
So like a lot of things you have to adjust your play to the situation at hand.
re: Poker & Is this valid low stakes bubble strategy?
It is a valid strat. Not just for the cheap tourneys. I see it most in the larger Qualifiers. For instance the 150 WSOP Qualifier on Full Tilt Poker last month. when it got to the final 160 players, you had time to cook lunch and eat it before you had to act. This is for tourneys where the top finishers all get paid the same. 150th place trough 1st place all got a seat to the wsop.
In a normal tournament it is not so good. Here are a few reasons. 1st off, if you stall people will recognize it and push you around. Its like hanging a sign around your neck that says.....This guy is not trying to win, he is just trying to back into the money. Good players will exploit that. also you see less hands as the blinds are going up. This is like taking away your own Ms. thirdly you are not making any freinds. No one like a staller at the table. They are more likely to push you around because your play is a pain.


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When Jay McInerney's Bright Lights, Big City was published in 1984, it took the publishing world by storm and earned him permanent membership in the 1980's club of young edgy writers dubbed "The Brat Pack". Bret Easton Ellis (Less Than Zero, American Psycho) was the other founding member. Bright Lights, Big City follows the emotional, psychological, and spiritual downward spiral of a young would-be writer in the fast-lane of the mid 1980's Manhattan club scene. His wife has left him, his job as a fact checker at a prestigious but snooty "New York" magazine oppresses him, and he lives in a cocaine-addled twilight zone. The first chapter, entitled "It's 6 AM, Do You Know Where You Are?" begins:
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What makes McInerney's novel unique both then and now is that it is entirely written in second person. "You," the reader, are character in the story. It is a testament to McInerney's talent that he wrote a whole book in this unusual still and managed to pull it off.

subset: commoncrawl


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Discussion in 'General Board' started by domaingenius, Oct 7, 2005.
i CAN'T READ, so i clicked. The www.secretwebsite.co.uk link wasn't working, so I guess it's a real secret!!
Friday afternoon funtime:
Ratty, where did you find that, it's been a long time since I laughed so much, the guys mental.
Found this yesterday and it made my laugh
Probably against forum rules but....
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Accidentally walking in while she gets her baps out on webcam.......
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Carbie Warbie
I was very impressed by The Fearless Vampire Killers from the first time that I saw them play. Killer guitar licks and some really cool tunes! That was at The Boroughs Culture & Music Festival is a national event inspired by the underground culture of the five boroughs of New York, where New York Dolls headlined. Since then I have seen them play around Melbourne Rock Central with support slots for The Sunnyboys, Kasabian, The Hives and The Mars Volta. They went on to record a killer album called "Batmania" at my good friend's joint, The Demons Parade's Michael Badger's studio.
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The Protecting Americans from Tax Hikes of 2015 (PATH Act) was enacted on December 18, 2015. The law is effective January 2017. Its goal is to prevent revenue lost due to identity theft and refund fraud. PATH mandates that no credit or refund for an overpayment for a taxable year shall be made before February 15, 2017. This means that the IRS will not issue a refund until after February 15, 2017, if a taxpayer claims the Earned Income Tax Credit (EITC) or the Child Tax Credit (CTC). This law applies to the entire refund, not just the portion associated with the EITC or CTC.
Legal Aid of West Virginia (LAWV) has been notified that other websites and phone numbers are claiming to be LAWV and offering legal services if you pay them a fee. LAWV provides FREE legal services. We will never ask for your credit card information. If you have given your credit/debit card number to one of these website or phone numbers, please contact your credit card company or bank to dispute the charges. You could also file a complaint with the West Virginia Attorney General's Consumer Protection Division at 1-800-368-8808.
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Chocolate Peanut Butter Layer Pie
Total Time
2hrs 15mins
Prep 15 mins
Cook 2 hrs
One of the simplest things EVER. If you like chocolate and peanut butter like me, you'll like this. I'm not sure on the prep time because usually I just let it chill as I go on about my day!
Ingredients Nutrition
- 1 (9 inch) chocolate wafer pie crust (homemade or store bought)
- 1 (1 1/2 ounce) box chocolate pudding mix
- 1 3⁄4 cups skim milk
- 2 tablespoons peanut butter (more or less)
- 4 ounces Cool Whip Lite
- 8 peanut butter-filled chocolate sandwich cookies (optional)
- peanut butter kiss (optional)
- Spread 2 tablespoons of peanut butter onto bottom of pie crust.
- Prepare chocolate pudding and pie filling mix with the skim milk. Pour into pie crust. Let chill in refrigerator until set.
- Once set, spread Cool Whip on top. Crumble cookies on top of whipped cream and garnish with kisses.


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Warehouse Assistant Manager (ประจำเมืองใหม่บางพลีพัฒนา)
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Assignment :-
The successful candidate will responsible to handle as below;
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- Ensure all day-to-day inventory transactions are accurately updated on a real-time basis.
- Ensure that customer orders are picked and loaded on time.
- Involves managing specific targets of stock inventory accuracy, as well as management of the business workforce.
- Ensure all goods are stored correctly and safely.
- Control and monitor safety practices functions.
- Prioritize and assign tasks to ensure that the business area activities and all machines and equipment operated safely.
Qualifications :-
- Male – Female , Thai Nationality aged 30 up
- Bachelor's Degree or higher in any related field.
- At least 3-5 years working experience in supervisor level or 2 years working experience in Assistant and over 5years experience in warehouse operation.
- Strong leadership and management skill.
- Familiar with the Warehouse & Inventory Management Software.
- Self-motivation, good leadership and initiative.
- Good team player, Good attitude, willing to learn new things, through and reliable.
- Own vehicle with driving license.
- Good command of English.
- Knowledge about Kaizen , 5s , Safety , Problem , Analysis
สถานที่ปฎิบัติงาน เมืองใหม่บางพลีพัฒนา ต.บางเพรียง อ.บางบ่อ จ.สมุทรปราการ
Interested candidates please sent your full resume by APPLY NOW
Suzuyo (Thailand) Ltd.
2922/260 Charn Issara Tower II,
21st Floor, New Petchaburi Road,
Bangkapi, Huaykwang,
Bangkok 10310
Tel. 027165380 ต่อ 11355
jobsDB จะส่ง ใบสมัครของคุณไปยัง Suzuyo (Thailand) Ltd.
Suzuyo (Thailand) Ltd.
Suzuyo (Thailand) Ltd. Founded in 1992, We are leading Japanese Freight Forwarding, Custom House Broker and Logistic. As our business in Thailand is growing rapidly. Right now, we are looking person to work with us in the position of:
Welfare and benefits
- Health Insurance
- Social Security Fund
- Provident Fund
- Uniform
- Yearly Bonus
- Yearly Physical Health Check
- Annual Leave
- Yearly Party
- Overtime
- Company Trip
- Other Allowance
- House Loan
Working day/hour
- Monday – Friday 08.30 -17.20 hrs.
- Sat (biweekly) 08.30 – 12 .00 hrs.
ตำแหน่งงานอื่นๆ ของบริษัทนี้
พบข้อมูลหรือรายละเอียดงานผิดปกติ? แจ้งประกาศงานไม่เหมาะสม


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Product Information
Product Information
Kids Cuddlee Slippers - Bunny - (ages 6 - 12)
The Cuddlee Pet Slippers are cute and soft. Each will bring enjoyment to the children in your life. A great gift for that special occasion. Features include: Soft plush material Fits most 6-12 year olds This item cannot ship to APO/FPO addresses.
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I want to be a robot when I grow up, just like Daft Punk.
Current Residence: Texas Tech University
Favourite genre of music: tribal techno and industrial technometal : D
Favourite photographer: Gekko-chou! Amanda!
Operating System: Windows 7
MP3 player of choice: The Aperture Science Sound Box
Wallpaper of choice: Zack Fair
Favourite cartoon character: Knives of Trigun, Farfarello of Weiss Kreuz, Luffy of One Piece, Zack Fair of FFVII, Link!
Personal Quote: I like my men computer generated.


text:
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Will DC Co Ltd Deliver Top-Shelf Performance?
Thomson Reuters Stock Report - DC Co Ltd (5234-TO)
StockReports+ gathers Thomson Reuters independent research, ratings and market data into a single report that optimizes the i...
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Sunset Club: "Clubbing" Estonia Nightlife Tip by bronzelotus
Estonia Nightlife: 14 reviews and 10 photos
This was an unexpected find in Parnu, Estonia. we were there for the Summer Arts shin dig, and i happened to stubble across this club. we were there from thursday to the following saturday, so i was able to play there 2 fridays in a row. it was great both nites. they both had music playing inside adn a outside stage with the sea as a backdrop... for live dance music...like ian van dahl. drinks are fairly pricey...but it's ok...not like you have to be terribly drunk to enjoy. the estonian guys there are vultures...and the ladies are scantly dressed...very thin and sexy. the second nite i went they have a bikini themed nite...inside: excellent drum and bass and light show. outside:guest DJ's, light show, and foam party. it was a great time...danced the nite away until dawn! well, actually it never really gets dark there during the summer...the sky is a royal blue at 1am-2am...never pitch black.
open only fri 21pm-03am & sat 21pm-03am winter and summer months.
Dress Code: depends on the nite...if there is a theme or not. however, the Estonian youth love to get dressed up. like i mentioned before...females were scantly dressed...slinky dresses that barely covered anything, etc.
Address: Rannapuiestee, 3, Parnu
Phone: +372-44-38000
Theme: Nightclub
bronzelotus' Related Pages
"go out and experience!"
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Have you been to Estonia?Share Your Travels


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While you're waiting for your game to download, why not play a quick game of Vector Defender online? Play Now!
Valentine's Day Griddlers
System Requirements
- Windows XP
- CPU: 1000 MHz
- DirectX: 9.0
- Memory: 512 MB
Valentine�s Day Griddlers is an exciting intellectual game for those who love logic puzzles and an atmosphere of love and romance. Set off on an unforgettable romantic journey, visit extraordinarily beautiful places and pick up a bunch of souvenirs on the way! In 6 colorful locations, you�ll find 120 griddlers of varying difficulty along with fantastic graphics and pleasant music � everything a refined connoisseur of nonograms could wish for! Set off on a romantic journey with new Japanese crosswords! Get ready to see the most wonderful places for dates! Valentine�s Day Griddlers is an amazing adventure in the world of hanjie!


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Even-numbered (early seventh century) chapters(Great Characters in Literature)
Abu Simbel
Abu Simbel (ah-BEW SIHM-behl), the leader of the seventh century Jahilia (pre-Islamic Arabia), who appears to Farishta in a dream in which Abu attempts to bargain with Mahound, offering to accept the new monotheism if Mahound will grant divine status to three local goddesses.
Mahound (mah-HEWND), a pejorative Christian variation of Mohammad, who appears in Farishta's dream in which Farishta, disguised as an angel, counsels him to accept Abu Simbel's offer. Mahound finally concludes, however, that the concession is the work of the satanic Shaitan and the revelatory verses are satanic in origin. Mahound completes his conquest of Jahilia, ordering the closing of the brothel and the execution of its prostitutes.
Ayesha (i-EE-shah), a young woman who leads a group of pilgrims to the sea and finally to Mecca. An angel had told her that the sea would part. When it failed to do so, several of the pilgrims drowned.
- The Satanic Verses (Literary Masterpieces, Volume 34)
- Places Discussed (Critical Guide to Settings and Places in Literature)
- Historical Context
- Literary Style
- Literary Techniques
- Compare and Contrast
- Topics for Further Study
- Literary Precedents
- What Do I Read Next?
- Bibliography and Further Reading
- Bibliography (Great Characters in Literature)


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Discover a selection of top forums woodturning avenger on the internet. Come to share your passion on forums woodturning avenger and meet other fans of woodturning avenger. Then, why don't you create your own forum of woodturning avenger ?
This is the official No Life 'Til Metal & Metal Metropolis discussion board.
metal, thrash, heavy, speed, ultimatum, hirax, #avenger, blood
woodworking books, magazines, plans, videos
woodworking, videos, software, books, magazine, plans, workbench, table, tools, magazines, machinery, #woodturning
Charlestowne Woodturners: A club for those turning and wanting to turn in the Charleston area. We meet the 3rd Thursday of every month.
charlestowne, woodturners, #woodturning, forums, charleston, charlelston


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Inside the Robo-Adviser Wars
Read More.
Different industries have different modes of competition. In some, it's all about price. In others, it's about quality. And in still others, it's all about how well you know your customers.
But in the young field of robo-advising -- automated investing services that let algorithms do the work of financial advisers -- it's apparently going to be all about how aggrieved your chief executive officer can sound in a long post he writes on the blog-publishing platform Medium.
Actually, it's not all about that -- price seems to be pretty important, too. But the aggrieved-post-on-Medium competition is for real, and for the moment Jonathan Stein of Betterment is winning. "In a marketing ploy designed to bait us to respond and thereby invite the press to pay attention to them," he wrote Tuesday, "Wealthfront made knowingly inaccurate statements about Betterment." He continued:
I have faith that careful readers and reporters will see Wealthfront for what they are: spin artists. I'm loathe [sic] to play this game, but my PR team insisted that I set the record straight.
Wealthfront is Silicon Valley's leading entrant in the robo-adviser wars. Its executive chairman and co-founder, Andy Rachleff, is a former partner at the venture-capital firm Benchmark and its CEO, Adam Nash, is a former LinkedIn vice president of product. Betterment is based in New York City, was co-founded by Stein while he was still in business school at Columbia, and more or less created the robo-adviser category when it opened for business in May 2010.
Betterment CEO Stein was responding to a Medium post from earlier that day, in which Wealthfront's Nash waxed aggrieved about monthly fees in general and the monthly fee that Betterment charges small investors in particular.
Betterment customers who have less than $10,000 in their account and don't sign up for an auto-deposit of at least $100 a month pay a monthly fee of $3. At that rate, Nash pointed out, "an investor opening an account at $100 would be paying an annual management fee of 36 percent in the first year."
Well, yeah, but who would open an account with $100 and then not keep adding money to it? Let's take a more realistic scenario where you put in $50 a month. Assuming no investment gains at all, that gets you to a 6.4 percent fee the first year, a 3.2 percent fee the second, a 2.1 percent fee the third, and so on. Those are pretty big fees, but (a) they're not 36 percent and (b) they decline rapidly as you put in more money. Writes Betterment's Stein:
The vast majority of these customers are in trial with us, and we want them to commit more of their assets to us. We believe in the power of behavioral finance, and reducing fees has been shown, by our own data and by many academic studies, to be a powerful motivator.
This sounds like a valid enough approach to bringing in customers who aren't sure at first how much money they can or want to commit. At Wealthfront, the rule had been that you simply couldn't open an account with less than $5,000.
The company dropped that minimum to $500 this week, which occasioned CEO Nash's Medium essay. Wealthfront also said it won't charge a management fee on accounts of under $10,000. That's a great deal for small investors. It's also a loss leader that could eventually leave Wealthfront saddled with a lot of small accounts on which it loses money, money it will have to get from somebody else.
That's the thing about fees. They're irritating, but they're also transparent. In fact, in a Medium post in March, Wealthfront's Nash tore into Charles Schwab for launching a "no-fee" robo-advising service that appears to make money by putting part of the funds in a low-interest-rate cash account and profiting from the interest spread.
That complaint actually does seem to have validity -- here's Schwab's response, which, in a telltale sign that the firm hasn't entirely bought into the robo-advising ethos, is not on Medium. But Nash couches it in language so sanctimonious as to be a little off-putting. An example: "I now find myself hoping we never lose our identity the way Charles Schwab has."
That's sort of the Wealthfront ethos. Its management ranks are peopled mostly with tech-industry veterans, and it positions itself as the antithesis of Wall Street. Its self-presentation is full of that supremely arrogant, we're-changing-the-world attitude for which Silicon Valley has become justly (in)famous.
Betterment has some backing from such old-line financial firms as Northwestern Mutual and Citigroup, and its management ranks are full of former Wall Streeters (albeit young, quanty ones). It too has had its moments of we're-changing-the-world obnoxiousness, but in general it presents itself somewhat more matter-of-factly than Wealthfront does.
You can probably tell by now that I find Wealthfront's rhetoric a little hard to take, but both it and Betterment offer what appear to be useful services. The fact that they're publicly battling over how low their fees are is a wonderful change from the investing environment of 15 to 20 years ago. Back then, it was all about superstar fund managers and how much they'd beaten the market by over the previous three years.
But these are also both venture-capital-backed firms that will be expected to turn a profit one of these days. They apparently plan to do that by harvesting large piles of money on which they will charge annual management fees for eternity.
At Wealthfront, the fee is 0.25 percent; at Betterment, it's a sliding scale -- 0.35 percent if you auto-deposit $100 a month, 0.25 when your balance passes $10,000, 0.15 when it passes $100,000. Those fees are lower than what a human adviser charges, but they still add up -- and they don't include the (modest) expense ratios on the underlying exchange-traded funds that your money is sitting in.
From yet another aggrieved Medium essay posted Wednesday by Blake Ross, who isn't the CEO of a robo-adviser but is the former director of product at Facebook:
A 30-year old who invests $100,000 in his retirement with Wealthfront "for less than a night at the movies" will likely pay the company over $100,000 in fees by his 75th birthday.
That 30-year-old would do better, Ross argued, if he simply put his money in a Vanguard Target Retirement Fund (average expense ratio, 0.17 percent) and leave it there. Such target-date funds are the simplest and cheapest sort of robo-advisers; they rebalance and adjust the mix of stocks and bonds based on how many years are left till you retire. And at Vanguard, a nonprofit, customer-owned cooperative, fees have a long history of going down as assets under management grow.
At the for-profit firms that dominate the investing business, fees do not have a history of dropping like that except when direct competition from the likes of Vanguard forces them to. Maybe the fierce, priced-based competition among Betterment, Wealthfront and the burgeoning ranks of other robo-advisers will keep pushing fees down. A promoted Tweet showed up in my feed yesterday from newcomer Aspiration, which declared that "@Wealthfront and @Betterment are fighting over fees. We believe you should set your own fee." (And yes, they appear to mean it. For now.)
Clearly, if competition among robo-advisers becomes purely about price, it won't be a very good business to be in. But if it becomes a very good business to be in, it won't be such a great deal for investors. The robo-advisers have to find ways to differentiate themselves even as they push costs lower. And for the moment, having the CEO write an aggrieved post on Medium appears to be one of those ways.
Wealthfront says these ETF fees average 0.12 percent; Betterment says they range from 0.09 percent to 0.17 percent, depending on your allocation.
This column does not necessarily reflect the opinion of Bloomberg View's editorial board or Bloomberg LP, its owners and investors.
To contact the author on this story:
Justin Fox at email@example.com
To contact the editor on this story:
Paula Dwyer at email@example.com


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What is the best free music making software? by fergambino in DecidingToBeBetter
Car by Foosballer69 in youdontsurf
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What does 99% of Reddit agree about? by Tesarul in AskReddit
How to make the game fun again? by Alikko in Borderlands2
My US History teacher honest to god thought THIS was actual WWI propaganda... by bun39 in tf2
YTP Collab Entry - Guitar Hero On Tour Is Not Worth $50 (youtube.com)
submitted by Alertness to /r/ytp
I don't think my gun had enough guns attached to it before... (imgur.com)
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And this is where I'd put my legendary loot by amdc in Borderlands2
What got you interested in trading? What was your motivation? by Endeity in PennyStockWatch
What reason would someone have for buying higher-price options for a given stock? (self.options)
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Come along, adventure awaits! (gfycat.com)
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Please show some love for transport helicopters by in battlefield_4
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That's cool tank HMG, I didn't need to see anyway... (i.imgur.com)
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Here's the DLC I'm waiting to see. by punysmurf in GrandTheftAutoV
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TIL that in 2011, after being nominated for worst company in America again, Comcast tried to get their employees to vote multiple times in an effort to not be the worst company. Before they issued the memo, they had 65% of the vote. After news got out, they had over 83%. by Javi2639 in todayilearned
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[Announcement] Cooler Master and Kingston Contest! Bigger and badder than before! by ThoughtA in buildapc


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Tips For Staying Healthy During Your Holidays TravelFive helpful tips on helping you stay healthy during your holiday travels
5 Best European Ski ResortsStart planning your next ski vacation to one of the top European ski resorts
Thanksgiving Weekend Travel TipsFive helpful tips to make your Thanksgiving weekend travel less stressful and more pleasant
Fall Foliage: 5 Best East Coast Destinations To Catch The ColorsOn the East Coast, New England is the nation's most popular spot to catch the fall colors. But in November, visitors will have to travel further south to see fall foliage
4 Great Fall Getaways For Every Kind Of VacationWhether it's a warm weather setting or a secluded hideaway, there is the perfect vacation for everyone traveling this fall
Metro-North Ending Sale Of WebTicketsMetro-North will be ending the sale of WebTickets that allows rail riders to purchase tickets online. Instead, the railroad is reportedly encouraging riders to purchase tickets on mobile devices.
Vacation Guide To KauaiVacation guide to the best attractions, dining and lodging on the island of Kauai
7 Best Places To Ride A CamelGo on the adventure of a lifetime and hop on top of a camel adventure where you can see some amazing sites in some of the most remote regions of the world.
5 Best Hostels In The UKThe best hostels in the United Kingdom also rank among the best in the world
The Rocky Mountain's 5 Best ViewsDive into the beauty of the Rocky Mountains where you will enjoy breathtaking landscapes filled with massive mountains, native wildlife and luscious foliage.
Top Five Tech Tours In Silicon ValleyFive must-see places in Silicon Valley that tne public can visit
5 Stadiums To Visit During The 2016 NFL SeasonIt's almost football season and that means fans will be heading out to their team's home stadiums. Check out these must-visit stadiums this upcoming NFL season.


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My name is Mikki Sixx...but you can just refer to me as your "Ultimate Demise." I specialize in fucking you mentally, and once I've succeeded there, I'll fuck you financially.
One look at My sweet, innocent face, and you'll trust that I could NEVER do anything to hurt you. Gaze over My huge tits and your dick will swell. And once that happens, that's where I've got you.
Blue balls equate to a fuzzy mind, so easy to manipulate and control. What are you waiting for? Just buy a clip or two...after all, what could it hurt?
You're Too Smart for Blackmail...or Are You?
You've bought nearly every blackmail clip I've done. And you're far too good to fall for My trip. I'm sure this clip will be no different. You'll fill out the email with all your info and at the end, you'll just X out of it. That's fine. Go ahead. That just proves what a pussy you are. I'll keep taunting you, questioning your manhood...and I bet just to prove Me wrong, this outcome will be slightly different.
Video Info
- Blackmail
- Humiliation
If you REALLY think you have something important to say to Me, you can do it at: email@example.com
Be warned, however, it WILL cost you.
Report Video
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The Jurassic World Trailer Is Here! June 12 Must Come Faster Must Come Faster!Posted on November 25, 2014After what seems like 65 million years of waiting, the Jurassic World trailer has finally arrived! The wait was worth it, because the trailer did not disappoint. Watch the trailer […]
7 Ways To Compliment Boobs In Public – (Video)Posted on November 25, 20147 Ways to compliment boobs in public – (video)
Did You Know You Can Pet A Shark?Posted on November 25, 2014Not that anyone would advise you to try this at home, especially because you probably don't have a shark at home, but apparently it is totally possible to pet a […]
New Batman: Arkham Knight Trailer Is AwesomePosted on November 25, 2014The fine folks over at DC Entertainment and Warner Bros. have decided to tease us just a bit more with a super in-depth trailer for the upcoming Batman: Arkham Knight […]
Odell Beckham Catch – (Video)Posted on November 24, 2014Odell Beckham Jr's amazing catch! – (video)
Amazing Look At Video Game Graphics Through The AgesPosted on November 23, 2014YouTuber Stuart Brown has done the world a favor and decided to release a 5-part video series on the history of graphics in gaming. The series was done as […]
Hilarious William Riker Star Trek Gag ReelPosted on November 22, 2014Thanks to the good folks at UPROXX, Star Trek: The Next Generation fans can have a good laugh at their favorite beard rocking starship officer William Riker (Jonathan Frakes) in […]
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Celebrities Read Mean Tweets Strikes AgainPosted on November 22, 2014Jimmy Kimmel struck gold when he decided to start having his celebrity guests read mean tweets about themselves on his show. The eighth edition of the segment just surfaced, and […]
Goal Keeper Saves Every Penalty Kick…With His FacePosted on November 19, 2014Who says soccer is a wimpy game? Goal Keeper Saves Every Penalty Kick…With His Face
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This Guy Has Some Moves! I Didn't See That Coming.Posted on November 18, 2014When a Mormon missionary crosses paths with a Michael Jackson street performer the results are epic. Pretty freakin impressive. Mormon Takes On Street Performer In Dance Off
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Dad Films Daughter For 15 Seconds Each Week From Her Birth Until Age 14Posted on November 14, 2014Dad films daughter for 15 seconds each week from her birth until age 14
Laughing Owl Is The Funniest Thing You Will See All DayPosted on November 13, 2014The face. The laugh. Everything about this laughing owl is hilarious. I can't stop watching this video and it only gets funnier every time. By the way anyone else […]


text: I set it up using this tutorial, not as a NAS but the second setup. http://www.undergroundi.com/90/one-itunes-library-with-multiple-computers/ Heres the problems :? I have to set it all up again on the client macbook every time I power off the macbook or disconnect from the network. Not hard to do, just a pain in the balls! Also iTunes on the macbook lags like a son of a b?tch! Its great though because I can sync with ether computer and any changes I make take effect on both. So my question is there any way to make iTunes faster with this setup and how can I have the macbook automatically connect to the shared library? Would it be better to set up a NAS? If so can someone point me to a good guide on how to set up an external drive on a mini as a NAS?


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The Gill Crew Jacket is the perfect all-rounder, performing on board while still looking great as a casual jacket. Made from one of our 2 Dot™ waterproof fabrics giving good breathability and durability. The seems are critically taped and it is lined with a warm anti-pill fleece. The Crew Jacket also makes the ideal onshore kit for coordinated team wear, and the inclusion of a long internal ghost zip, makes embroidering the jacket with your own branding easier and neater.
Made from one of our 2 Dot™ fabrics, this is a nylon tactel ripstop shell with hydrophillic PU coating and a water repellent finish.
100% pill resistant polyester fleece-lined
Reviewed by 2 customers
Best Uses
Comments about Gill Men's Crew Jacket, Red, L:
Bought this jacket as a replacement for the same one I got ten years ago. It is superior by far to other similar jackets I've had over the years. It is warm, weather resistant, yet light weight. Very happy with the new jacket
Best Uses
Comments about Gill Men's Crew Jacket, Navy, Xs:
I brought this jacket back in october and the zipper is already messed up, I tried to exchange it, and west marine will not exchange it, now I have agood looking jacket, that I bruoght to stay warm and dry with does not zip close, this is a bad buy, along with a waste of money.


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- Worldwide Rank #69,788,032
- Follower/Following Ratio 3.8
- Daily New Followers 0
( ・_・) Twitter Stats
@0101misakichi - Tracking ( ・_・) Twitter profile since October 19, 2013
( ・_・) Tweets
@0101misakichi has posted 4,516 tweets in the last 30 days, which translates to an average of 150.5 tweets per day.
( ・_・) Twitter Followers
@0101misakichi has 57 followers on Twitter.
This account is #69,788,032 in the worldwide rank of the most popular Twitter users.
( ・_・) Following on Twitter
@0101misakichi is following 15 Twitter accounts.
Last month this account stopped following 55 users.
( ・_・) Predictions & Milestones
@0101misakichi will hit 61 followers in the next 3 months, and 74 in one year.
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Comment Re:Nah! (Score 1) 675
Why is it I feel like I just lost a slashdot debate, without having any clue as to what the debate was about.
Why is it I feel like I just lost a slashdot debate, without having any clue as to what the debate was about.
I am a cat, you insensitive clod!
"Hillary campaign bus involved in deadly crash"
That story was actually true if you remove the word "bus".
Part of the reason this "story" got play is that it contained a partial truth. CNN did actually inadvertently air a very short segment having mild nudity, or at least "ambiguous" nudity, not "30 minutes" as the fake story claimed.
A lot of dodgy news stories are like that: they contain enough truth to give it some legitimacy and to make it hard to outright refute. Disputes are nuanced, and nuanced doesn't sell and spread in the age of sound-bites.
Another common example was Hillary's alleged "illegal server". It had not been found illegal in the court of law, but some legal experts claim they can make the case it would be determined illegal if a full trial happened. (The State Dept. policy manual is not considered official Federal law by itself.)
But generally if you go by "innocent until proven guilty", then it's premature to call it "illegal". But being "possibly" illegal is enough to make it difficult to summarily say such phrasing is outright wrong.
Fucking up every part of the American economy, one step at a time.
Maybe some disruption is good. It's hard to see how yet, but I'm hoping his ad-hoc trial-and-error style will accidentally find new optimums, like a genetic algorithm.
I realize there's a good chance this view is wrong and that he turns out to be a bull in a china shop (pun half-intended), but I'll keep an open mind.
Trump is such an unusual specimen that we don't have enough precedents to say what will actually happen. Get some pop-corn, and enjoy the Great American Experiment. (Just don't forget the safety goggles.)
Whatever happens, it will make for a Yuuuuge entry in future history books. You can brag to your grand-children that you witnessed and (hopefully) survived this most notable period of history.
China will never innovate until there's a culture change. In China, decisions come from the top. Those below do what they are told and do not challenge authority...This has been engrained in Chinese culture for centuries...
While true for large companies, entrepreneurship is alive and well there. If you don't like what the boss is doing, become your own boss.
They are arguably even more innovative because they are less burdened by the over-broad patent laws/judges we have. They are freer to mix and match technologies. Our patent system is killing us. It arguably made sense in Edison's day, but software is different.
The one advantage of the Chinese setup is you don't get a demagogue rising to the top purely by promising the ignorant and hateful everything they hope to get...
Apparently you didn't study the birth of communism or the later "Cultural Revolution".
If factory automation gets inexpensive enough that it starts replacing all those factory workers in China, the country will again be ripe for some potentially ugly revolutions and demagogues. The Chinese citizens have shown multiple times they are not afraid of protesting and civil resistance, at least.
Remember, China is (nominally) left wing, so for the deluded liberal left, just as with the Cuban regime, it can do no wrong. Human rights violations, oppression of free speech, torture? So what, who cares.
You are confusing political system with economic system. The dichotomies of the 1950's are mostly dead. Capitalist economies can and do have authoritarian political systems, and socialistic economies can and do have a democratic political system.
As far as what kind of economy China has, it looks pretty mixed to me. They didn't become the manufacturing power-house they are using mere socialism.
...what could possibly go wrong?
No one on Slashdot would ever promote right wing conspiracy theories! How absurd...
As an experiment let's start GoatGate: Facetweet that goat.se is really a QR-Code to get access info to a Roswell warehouse where Obama stores saucers to be launched to collect all guns.
I can just imagine all the suckers trying to scan that image with their phone at gun parties.
(Warning: if you don't know what I'm talking about, google with browser images switched off. Trust me.)
we should [not] be against anyone investigating...
"Self-investigate" while carrying a high-velocity, rapid fire...rifle [is overkill]
Suspect: "But that's how they do it in the movies..."
They have shitty evidence - But John Podesta does like to bugger little children. You can tell because he looks like an old man version of a programmer.
"Psst, kid, wanna try Linux? It's free..."
How about we scale up Jade Helm conspiracies to scare right-wing wackos right out of the country altogether.
Intolerant tolerances will not be tolerated!
You darn Social Tolerance Warriors! The Mobile Media has lied to you snowflakes! That's not fire, that's his hair.
Air _is_ an insulator. Its the same idea as double pane windows.
But a solid insulator in theory makes it much harder for both sides of the bread to meet in the middle of the sandwich when pressure is applied.
(I shouldn't attempt analogies while hungry.)
10 to the 12th power microphones = 1 Megaphone


text:
Download apps, toolboxes, and other File Exchange content using Add-On Explorer in MATLAB.
Join the 15-year community celebration.
Play games and win prizes!
Be the first to rate this file! 23 Downloads (last 30 days) File Size: 126 KB File ID: #41540 Version: 1.0
Pairs Trading Strategy
29 Apr 2013
A pairs trading strategy implemented in MATLAB.


text:
Talk:Free association (psychology)
From Wikipedia, the free encyclopedia
|Ideal sources for Wikipedia's health content are defined in the guideline Wikipedia:Identifying reliable sources (medicine) and are typically review articles. Here are links to possibly useful sources of information about Free association (psychology).
|WikiProject Psychology
|(Rated Start-class, Mid-importance)
Recent research on memory[edit]
Freud found that despite a subject's effort to remember, a certain resistance kept him or her from the most painful and important memories. He eventually came to the view that certain items were completely repressed, and off-limits, to the conscious realm of the mind.


text:
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text:
Portland Bitters Project Cacao - is currently on backorder. You may still purchase now though and we'll ship as soon as more become available.
Portland Bitters Project is a small batch line of bitters hand crafted in Portland, Oregon. This flavor was created in collaboration with Pitch Dark Chocolate, Portland, Oregon. These bitters can be used in soda water and cocktails.
Flavor: Licorice, cacao nibs, vanilla.


text:
3,058pages onAdd New Page
this wiki
this wiki
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Wikia is a free-to-use site that makes money from advertising. We have a modified experience for viewers using ad blockers
Wikia is not accessible if you've made further modifications. Remove the custom ad blocker rule(s) and the page will load as expected.
|This article belongs to the continuity of the Dark Shadows movies.
Brutus was one of two fierce, black guard dogs owned by Gerard Stiles. He kept the dogs at his place of employment, the Gothic mansion known as Collinwood. Tracy Collins once saw Gerard stalking about the front lawn of Collinwood with both of the dogs at his side. There was something about the animal's countenance that truly terrified her.
Notes Edit
- The other guard dog's name was Tar.
Appearances Edit
Night of Dark Shadows (scenes deleted)


text:
Julius Baer plays down trading incident as 'minor'
Julius Baer Friday played down an anonymous letter sent to Switzerland's banking regulator alerting the body to alleged irregularities in valuing fixed income trading positions.
"This is a minor incident and financially completely irrelevant," Julius Baer executive Hans de Gier said of the letter, seen by Dow Jones Newswires, at a press conference in Zurich.
The letter, purportedly sent by several Julius Baer private banking executives, but not signed or otherwise identified, says Julius Baer parked proprietary trading positions on its own book to avoid recording losses.
A spokesman for the Swiss banking regulator said Julius Baer had taken steps to remedy the matter, without elaborating.
De Gier declined to answer further questions about the letter, which was originally sent to the regulator December 23 but also forwarded to several London-based equity analysts Friday morning, shortly after the bank reported 2008 earnings.
The circulation of the letter sent Julius Baer shares into a free fall Friday, slicing $1.26bn (€984.5m) off the bank's market capitalization in morning trading. At 12:25 GMT, the stock was Sfr6.67 lower, or down 20%, at Sfr26.54.
—Write to Katharina Bart at email@example.com


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October 19, 2009
DAVID SMITH, PLAINTIFF,v.CITY OF PHILADELPHIA, ET AL., DEFENDANTS.
Before the Court is Plaintiff David Smith's Motion in limine Omnibus (sic) seeking to preclude Defendants from offering evidence, testimony or argument regarding any alleged criminal conduct or discipline while incarcerated, or medical condition and/or treatment of Plaintiff unrelated to the allegations in Plaintiff's Third Amended Complaint. The Motion also seeks to preclude Defendants from using any documents at trial other than those identified in Plaintiff's Pretrial Memorandum (Doc. No. 87). Also before the Court is an Amended Motion in limine of Defendants City of Philadelphia, Philadelphia Sheriff's Office (hereinafter "Municipal Defendants"), Sheriff John D. Green, Deputy Sheriff Darrell Erpp, Deputy Sheriff William Washington, Deputy Sheriff Donald Quirk, Deputy Sheriff Walli Shabazz and Sergeant Joseph Evans (hereinafter"Defendant Officers" or "Individual Defendants") (all hereinafter "Defendants") seeking to preclude Plaintiff from offering evidence relating to prior Internal Affairs Unit (hereinafter "IAU") investigations and incident reports documenting use of force by Defendant Shabazz, the criminal history of Defendant Shabazz, and prior involvement in civil lawsuits by all Defendants (Doc. No. 91). Plaintiff and Defendants filed Responses (Doc. No. 95 and 94, respectively).
Plaintiff initially filed suit on January 3, 2007, and filed his Third Amended Complaint on October 2, 2008. Plaintiff alleges in Count I a violation of his Eighth and Fourteenth Amendment rights under 42 U.S.C. § 1983 by all Defendant Officers. In Count II, he alleges violation of his Eighth and Fourteenth Amendment rights under 42 U.S.C. § 1983 by Municipal Defendants and Sheriff Green. In Count III, he alleges violation of Article I, § 13 of the Pennsylvania Constitution by all Defendants. In Counts IV, V, VI and VII Plaintiff alleges assault and battery, intentional infliction of emotional distress, malicious prosecution, and negligence against all Defendant Officers.
This lawsuit arose from an incident occurring on September 22, 2004 at the Philadelphia Criminal Justice Center, in which Defendant Officers allegedly used unlawful force against Plaintiff after Defendants Washington, Quirk and Errp confiscated Plaintiff's religious reading materials. Third Am. Compl., 4-6; Mem. Supp. Def. Mot., 1. Defendants contend that Plaintiff physically attacked Defendant Officers, causing them to use force to subdue him. Def. Resp. Pl. Mot., 1. Plaintiff claims that following the incident, he was not offered or provided with access to medical aid for an extensive period of time. Third Am. Compl., 6-7. After the incident, criminal charges were filed against Plaintiff. They were dismissed for lack of prosecution on or about August 6, 2006. Mem. Supp. Pl. Mot., 4.
Plaintiff alleges that at all relevant times, Municipal Defendants maintained a custom, policy and/or practice of: (1) treating all written religious materials in a prisoner's possession as contraband, subject to immediate confiscation and/or destruction; and (2) permitting the practice of using excessive force, and then refusing medical treatment. Mem. Supp. Pl. Mot., 4-5. Defendants deny these allegations as untrue, inaccurate and misleading. Def. Ans. Pl. Second Compl., 11-13.
The pertinent issues at trial will likely focus on whether the force utilized by Individual Defendants was reasonable, whether Municipal Defendants failed to maintain and/or enforce adequate policies respecting excessive use of force, whether Municipal Defendants' customs, policies or practices regarding treatment of religious materials violated Plaintiff's rights, and whether Individual Defendants instituted criminal proceedings against Plaintiff without probable cause and with malice. The Court must therefore determine whether the evidence which is the subject of the Motions in limine is admissible at trial.
A. Alleged Prior Criminal Conduct or Discipline While Incarcerated and Medical Condition and/or Treatment of Plaintiff Unrelated to Plaintiff's Complaint
Plaintiff does not identify with particularity in his Motion the exact records he seeks to preclude, but asserts that Defendants indicate in their "Schedule of Exhibits" that they intend to use as exhibits at trial several generalized categories of documents without specifying what documents they will seek to introduce. Mem. Supp. Pl. Mot., 7. Plaintiff asserts that to the extent Defendants' exhibit list suggests Defendants may attempt to introduce evidence related to Plaintiff's prior criminal charges, alleged criminal conduct or discipline while incarcerated, and medical condition and/or treatment, such evidence is irrelevant under Fed. R. Evid. 402 and, alternatively, is unfairly prejudicial and should be excluded under Fed. R. Evid. 403 and/or constitutes character evidence which should be excluded under Fed. R. Evid. 404(b). Mem. Supp. Pl. Mot., 9-12. Defendants contend that to the extent Defendant officers were aware of any previous criminal conduct or discipline of Plaintiff while incarcerated, or medical condition and/or treatment of Plaintiff at the time of the incident in this case, this information was used by them to form a basis to evaluate the level of threat posed by Plaintiff. For this reason, they argue, such evidence is relevant to the inquiry of whether the force used against Plaintiff was reasonable under the circumstances. Def. Resp. Pl. Mot., 2.
1. Relevance
Fed. R. Evid. 402 provides that "evidence which is not relevant is not admissible."
"Relevant evidence" is defined in Fed. R. Evid. 401 as "evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence." If Individual Defendants were aware of Plaintiff's prior criminal conduct or discipline while incarcerated, or his medical condition and/or treatment, and this information formed a basis to evaluate the level of threat posed by Plaintiff, knowledge of such history would be relevant to the inquiry as to whether the force used against Plaintiff was reasonable under the circumstances. See Virgin Islands v. Carino, 631 F.2d 226, 229 (3d Cir. 1980) ("If it can be established that the accused knew at the time of the alleged crime of prior violent acts by the victim, such evidence is relevant as tending to show a reasonable apprehension on the part of the accused." (internal citations and quotation marks omitted)).
2. Rule 404(b)
Fed. R. Evid. 404(b) provides that "evidence of other crimes, wrongs or acts is not admissible to prove the character of a person in order to show action in conformity therewith." Plaintiff's prior alleged criminal conduct and discipline while incarcerated and his medical condition and/or treatment are inadmissible to prove Plaintiff behaved violently during the incident in question. See United States v. Scarfo, 850 F.2d 1015, 1018 (3d Cir. 1988) ("Federal Rule of Evidence 404(b) generally prohibits the admission into evidence of extrinsic acts intended to prove [a party's] propensity for crime or to suggest to the jury unfavorable inferences reflecting on his character.").
However, if this evidence is offered for another, proper purpose, it is subject only to the limitations of Fed. R. Evid. 402 and 403. Scarfo, supra at 1019. A proper purpose may be found in the language of Rule 404(b), but the list of permissible uses contained in Rule 404(b) "is neither exhaustive nor conclusive." United States v. Mendez-Ortiz, 810 F.2d 76, 79 (6th Cir. 1986); see Scarfo, supra at 1019 ("The possible uses of other crimes evidence listed in the Rule... are not the only proper ones."). To determine the admissibility of evidence under Rule 404(b), the following test is applied: "(1) the evidence must have a proper purpose; (2) it must be relevant; (3) its probative value must outweigh its potential for unfair prejudice; and (4) the court must charge the jury to consider the evidence only for the limited purposes for which it is being admitted." United States v. Sampson, 980 F.2d 883, 888 (3d Cir. 1992). Here, Defendants assert that evidence of Plaintiff's prior alleged criminal conduct and disciplinary records while incarcerated, and his medical conditions and/or treatment are "relevant to the inquiry of whether the force used against Plaintiff was reasonable under the circumstances at trial" - essentially, the evidence is relevant to the state of mind of the Defendant Officers at the time of the incident. Def. Resp. Pl. Mot., 2. Defendants cite Whitely v. Albers, 475 U.S. 312, 321 (1986), for the proposition that the threat to the safety of staff, "as reasonably perceived by the responsible officials on the basis of the facts known to them," is relevant to an inquiry as to whether the officer used excessive force.
This Court finds support for Defendants' argument in Virgin Islands v. Carino, which held that a defendant's knowledge of his victim's prior violent acts was relevant and admissible as to the defendant's state of mind and self-defense argument, supra at 229. See also United States v. Miller, 895 F.2d 1431, 1436 (D.C. Cir. 1990) ("Rule 404(b) permits the introduction of bad-acts evidence to prove material issues unrelated to the defendant's conduct, including 'the witness' motives.'" (quoting Scarfo, 850 F.2d at 1021)). Thus, evidence of Plaintiff's alleged criminal conduct or discipline while incarcerated or medical condition and/or treatment which shows that Plaintiff was engaged in prior violent acts of which Defendant Officers had knowledge is relevant for the limited proper purpose of evaluating the reasonableness of Defendant Officers' conduct and whether Defendant Officers used excessive force.
The probative value of this evidence outweighs its potential for unfair prejudice. Although presentation of Plaintiff's prior bad acts, incidents, or medical history may carry the risk of suggesting to the jury that Plaintiff behaved in a similar manner during the incident in question, this risk may be reduced by an instruction charging the jury to consider the evidence only for its limited purpose. Defendants' knowledge of Plaintiff's history points directly to the reasonableness of Defendant Officers' conduct and is probative of whether Defendant Officers used excessive force.
B. Documents Other than Those Identified In Plaintiff's Pretrial Memorandum
Plaintiff next asserts that as to any exhibit not listed in Plaintiff's Pretrial Memorandum or referred to above, the remainder are comprised in whole or in part of inadmissible hearsay. Mem. Supp. Pl. Mot., 14. Plaintiff argues Defendants' Exhibits are inadmissible under Fed. R. Evid. 804(b)(1) as former testimony, and under Fed. R. Evid. 803(4) as statements made for medical treatment or diagnosis. Mem. Supp. Pl. Mot., 14. Defendants assert, on the other hand, that Plaintiff's medical records contain information that relate directly to Plaintiff's alleged injuries resulting from the incident in question and are therefore admissible under Rule 803(4). Def. Resp. Pl. Mot., 3. Defendants further argue that prior testimony is admissible for impeachment purposes or to rehabilitate an impeached witness, pursuant to Rule 801(d)(1),*fn1 and that any other challenged documents were kept in the course of regularly conducted business activity and are admissible under Rule 803(6).*fn2
Fed. R. Evid. 803(4) provides that "statements for purposes of medical diagnosis or treatment" are not excluded by the hearsay rule, even through the declarant is available as a witness, when those statements are "made for the purposes of medical diagnosis or treatment and describing medical history, or past or present symptoms, pain, or sensations, or the inception or general character of the cause or external source thereof insofar as reasonably pertinent to diagnosis or treatment." The standard for determining whether statements may properly be admitted under the Rule 803(4) exception is: "whether statements were made for the purpose of securing medical treatment; whether they were reasonably pertinent to such treatment, and whether they were reasonably relied upon for treatment." Williams v. Government of Virgin Islands, 271 F. Supp. 2d 696, 702-03 (D.V.I. 2003); see United States v. Turning Bear, 357 F.3d 730, 738 (8th Cir. 2004) (stating a substantively similar standard). Statements as to fault do not ordinarily qualify under this exception. Fed. R. Evid. 803(4) Advisory Committee Notes; Rock v. Huffco Gas and Oil Co., 922 F.2d 272, 277 (5th Cir. 1991). Medical records arising from the incident in question that contain statements made for the purpose of medical diagnosis or treatment satisfy the standard in Williams, supra at 702-03, and are admissible. Statements of fault or regarding the identity of assailants are inadmissible because they do not come within the Rule 803(4) exception.
C. IAU Investigations, Incident Reports, Allegations, Prior Criminal Convictions and Civil Suits Involving
Defendant Officers Defendants seek to preclude as evidence four IAU investigations involving Defendant Shabazz, four incident reports filed against Defendant Shabazz that did not result in an investigation, a prior allegation made against Defendant Evans, an incident report involving Defendant Washington, civil lawsuits involving Defendants Shabazz and Washington, and Defendant Shabazz' prior criminal convictions which have been expunged from his record. They contend that these items are irrelevant under Rule 402, impermissible character evidence under Rule 404(b), and unfairly prejudicial under Rule 403. Plaintiff opposes the exclusion of IAU investigations, incident reports and allegations against the Defendant Officers, asserting that such evidence is admissible against Municipal Defendants with respect to Plaintiff's Monell claim under 42 U.S.C. § 1983. Under the Monell standard, municipalities are not "to be held liable unless deliberate action attributable to the municipality directly caused a deprivation of federal rights." Doherty v. Haverford Twp., 513 F. Supp. 2d 399, 407 (E.D. Pa. 2007) (internal citation, quotation marks and emphasis omitted). There are three methods of proof by which litigants may satisfy this requirement, the third of which Plaintiff intends to satisfy in the instant action: "where a policymaker fail[s] to act affirmatively when the need to take some action to control a government agent [is] so obvious and the inadequacy of existing practice so likely to result in the particular constitutional deprivation that the policymaker can reasonably be said to have been deliberately indifferent to the consequences of failing to take corrective action." Doherty, supra at 406. Plaintiff also asserts that evidence relating to Defendant Shabazz's criminal history and Defendant Officers' involvement in civil litigation is admissible for impeachment purposes.
"Relevant evidence" is defined in Fed. R. Evid. 401 as "evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence." Clearly, any evidence tending to show that Defendant Officers have a history or record of using excessive force is relevant to the inquiry as to whether Defendant Officers used excessive force in the instant case. Such evidence makes a determination of use of excessive force more probable than it would be without the evidence. Moreover, such evidence is relevant to the inquiry as to Municipal Defendants' knowledge of the violation of its policies and its liability under §1983.
As noted above, Fed. R. Evid. 404(b) provides that "evidence of other crimes, wrongs or acts is not admissible to prove the character of a person in order to show action in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity or absence of mistake or accident." Defendants are correct in their assertion that evidence of prior IAU investigations or reports against the Defendant Officers is inadmissible to prove Defendant Officers used excessive force in the instant action. See Ricketts v. City of Hartford, 74 F.3d 1397, 1414-15 (2d Cir. 1996) (stating that "courts consistently hold that in a § 1983 action alleging police misconduct, plaintiff may not introduce evidence that the defendant police officer allegedly engaged in other acts of misconduct"). Courts routinely refuse to allow such evidence under Fed. R. Evid. 404(b) as evidence that the defendant officers used excessive force, and refuse to characterize such evidence under Rule 404(b) as evidence of a common plan or modus operandi or of intent. E.g., Thompson v. Mancuso, 2009 WL 2616713, *3 (E.D. Pa. 2009); Ricketts, supra at 1414-15; Berkovich v. Hicks, 922 F.2d 1018, 1022-23 (2d Cir. 1991); Hopson v. Fredericksen, 961 F.2d 1374, 1379 (8th Cir. 1992).
However, Plaintiff disclaims any intention of offering evidence of the investigations and reports to show that Defendant Officers acted in conformity with prior conduct, and instead asserts that the evidence is admissible for the purpose of establishing Plaintiff's § 1983 Monell claim against Municipal Defendants. Pl. Resp. Def. Mot., 5. Plaintiff essentially claims that incident reports and IAU investigations are evidence of City of Philadelphia's knowledge of violations of its policies against use of excessive force, "as well as its failure to discipline, train, or in any other manner address the violations of its officers." Id. at 3-4. Plaintiff argues that this evidence is necessary to support a 42 U.S.C. § 1983 claim against Municipal Defendants under the standards established in Doherty, supra at 406. The use of such evidence in an analogous case was upheld by the Third Circuit in Beck v. City of Pittsburgh, 89 F.3d 966, 973-74 (1996). In Beck, the Third Circuit reversed the district court's judgment as a matter of law dismissing plaintiff's § 1983 Monell claim against City of Pittsburgh. The Court held that written civilian complaints and investigations by the Office of Professional Standards were relevant and admissible in regard to plaintiff's Monell claim. Id. At 973-74, 976. The Court reasoned that because the complaints in question were filed in a narrow period of time and were of a similar nature to plaintiff's instant complaint, "a reasonable jury could have inferred that [Defendant City] knew or should have known" of its officer's history of misconduct. Id. at 973. Courts considering the admission of prior incident reports and investigations of police officers in excessive force cases have distinguished Beck where the reports or investigations in question were not sufficiently related to the incident in the case on trial in terms of chronology, subject or context. Wakshul v. City of Philadelphia, 998 F. Supp. 585, 592 (E.D. Pa. 1998). Here, however, as in Beck, the August 4, 2004, IAU investigation of Defendant Shabazz resulted in a finding of use of excessive force and a violation of the Sheriff's Disciplinary Code, Mem. Supp. Def. Mot., 2-3, which occurred approximately one month before the alleged assault on Plaintiff, Mem. Supp. Def. Mot, 2-3.*fn3
Considering the test for admissibility of evidence under Rule 404(b) noted in Sampson, supra at 888, the Court finds that the August 4, 2004 IAU investigation regarding Defendant Shabazz is relevant and serves a proper purpose. The evidence is probative of the sufficiency of Municipal Defendants' policies and practices, and to the liability of Municipal Defendants under § 1983. This probative value outweighs the potential for prejudice, which can be minimized with a jury instruction limiting the jury's use of the evidence.
All other IAU investigations, incident reports and allegations that did not result in a finding of misconduct and the civil suits involving Defendant Officers are inadmissible, as they lack sufficient reliability to be admitted under Beck. The June 15, 2004 IAU investigation of Defendant Shabazz arising from an argument with another Deputy and resulting in a finding of misconduct is likewise inadmissible, as it lacks sufficient similarity to the instant incident to be admitted under Beck. Finally, Defendant Shabazz's criminal record is inadmissible, as the convictions are too remote in time to be relevant in the instant case and must be excluded under Beck. Moreover, these records may not be used for impeachment purposes since they occurred more than ten years ago, which precludes their use under Rule 609(b).
For the reasons stated above, Plaintiff's Motion in limine omnibus (sic) will be denied, and Defendant's Motion in limine will be granted in part and denied in part. A separate Order for each motion follows.
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the cleanliness was second to none. the position was great and the room spacious
It was a great little B&B right next to the historical center of town. You get personal attention from Andre. It was simple but had a beautiful view and was well worth the price.
I like it a lot.
Wish could have different variety of breakfast.
Of all the views we saw in our three days of driving in Tuscany, the panoramic views from this agriturismo were the absolute highlight. After checking in, we wandered the grounds, taking (wonderful!) pictures of the cypress trees at sunset. Luca was super helpful and welcoming, and the location was most convenient since it was right off of the main road between Montalcino and Montepulciano. I want to live there!
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