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May 7, 1980
UNITED STATES OF AMERICA, APPELLEEv.CHRISTOPHER PASSODELIS, APPELLANT SUR PETITION FOR REHEARING
Before Seitz, Chief Judge, and Aldisert, Adams, Gibbons, Rosenn, Hunter, Weis, Garth, Higginbotham and Sloviter, Circuit Judges.
Sur Petition for Rehearing of 615 F.2d 975.
The petition for rehearing filed by Appellee in the above entitled case having been submitted to the judges who participated in the decision of this court and to all the other available circuit judges of the circuit in regular active service, and no judge who concurred in the decision having asked for rehearing, and a majority in the circuit judges of the circuit in regular active service not having voted for rehearing by the court in banc, the petition for rehearing is denied.
GARTH, Circuit Judge, with whom ADAMS, Circuit Judge, joins, dissenting from Order denying Petition for Rehearing.
I vote to grant the government's petition for rehearing en banc. My recent dissent in United States v. Perch Hankin, 607 F.2d 611, 615 (3d Cir.1979), which focused not on venue considerations, but on when (and therefore where) a campaign contribution is made, anticipated the very question which I believe the panel majority in Passodelis has now answered incorrectly. The importance of properly resolving this issue cannot be minimized. This question not only concerns the operations of a relatively new statute, the Federal Election Campaign Act, but the answer which this court now has given to that question cannot help but have a devastating impact on the electoral process in an election year -- which this is. Thus, I dissent from the court's order which has denied the government's petition for rehearing.
As I stated in my Hankin dissent, I believe that a proper interpretation of the Federal Election Campaign Act, requires us to hold that a contribution is "made" when it is "accepted" by the campaign committee. The panel majority, without analysis of where Passodelis' campaign contributions were accepted by the Shapp Committee, concludes that venue in the Middle District of Pennsylvania was improper because there is insufficient evidence that Passodelis "made" or that the Shapp Committee "received" the gifts in that district. Not only is its result flawed, but by ignoring the concept of "acceptance," the opinion of the panel majority -- which now becomes the law of this Circuit -- seriously dilutes the vitality of the election laws. Further, I do not believe that the panel majority's interpretation of the Federal Election Campaign Act comports with the intent of Congress in passing that Act.
Christopher Passodelis, the defendant-appellant, was convicted by a jury in the Middle District of Pennsylvania on one count of making contributions in excess of $1,000 to a candidate for federal office in violation of 18 U.S.C. § 608(b)(1) (Supp.IV 1974) and on eighteen counts of making contributions "in the name of another" in violation of 18 U.S.C. § 614 (Supp.IV 1974).*fn1
At trial, the evidence showed that Passodelis, who was an enthusiastic supporter of Governor Shapp's 1976 presidential campaign, solicited $250 contributions from eighteen individuals who resided in four states -- Michigan, Georgia, North Carolina and Delaware.*fn2 Passodelis then flew to each of those states and collected the contributions. At each of his stops, Passodelis reimbursed each of the contributors fully in cash. After the contribution checks were thus "collected" by Passodelis, he returned with them to his home in Pittsburgh.
There is some confusion as to how the contribution checks were transported from Pittsburgh to the Shapp Committee headquarters in Harrisburg. The panel majority summarized the evidence as follows:
"[the] only testimony in the case concerning the transmittal of the checks by the defendant to the Shapp for President Committee in Harrisburg, Pennsylvania [the Middle District] came from Patrick Kelly, an FBI agent who had interviewed the defendant prior to trial and who testified to admissions made by the defendant to him." Brief for Appellant at 22. When questioned as to what Passodelis told him that he did with the checks after collecting them, Kelly replied:
He couldn't recall specifically. He advised us that upon return to Pittsburgh [the Western District] he either personally hand carried the checks to Harrisburg, Pennsylvania, [the Middle District] or provided them to Mr. Seymore Heyison for transmittal to the Shapp for President Committee here in Harrisburg. But he could not remember exactly what he did with the checks.
App. at 58a, Record at 28.
Maj.Op. 615 F.2d at 978.
Because there was no definitive evidence as to whether or not Heyison was an agent of Passodelis, the panel majority concluded that the evidence of whether Passodelis "made" the contribution to the Shapp campaign in Harrisburg, or whether it was "received" in that city, was equivocal. Consequently, the panel majority concluded that the prosecution had not met its burden of establishing venue in the Middle District of Pennsylvania.
The panel majority at no time considered the question of where the contributions were accepted. If it had, it could not have avoided the conclusion that the contributions were accepted in Harrisburg. Sandra Rainer, the Assistant Treasurer of the Shapp Committee, who was in charge of maintaining financial records, testified that all of the checks came to her office in Harrisburg in a "large envelope." Mrs. Rainer stated the checks were not accompanied by all the information necessary to process the contributions. She then made inquiries in order to obtain that information before the checks were actually accepted and deposited in the Committee's bank account. See Petition for Rehearing at 7-8. Mrs. Rainer's testimony is uncontroverted and, in fact, Passodelis' brief concedes the point: "We do not here dispute that the checks arrived at the Harrisburg Headquarters of the Shapp for President Committee or that they were duly processed there." Brief for Appellant at 22 quoted in Petition for Rehearing at 8. Therefore, had the panel majority accepted the concept that a campaign contribution is not "made" until it is accepted by the intended donee, the venue in this case, having been set in the Middle District of Pennsylvania, would have clearly been correct.
As I explained in my Hankin dissent, the definition of "contribution," as it appeared in §§ 608 and 614, under which Hankin was prosecuted, and as it currently appears in the successor statutes, 2 U.S.C. §§ 441a(a)(1)(A) and 441f (1976), invokes settled principles of gift law. A "contribution," for the purposes of the federal election laws, was then, and is now, defined as "a gift... made for the purpose of influencing the nomination for election, or election, of any person to Federal office ..." 88 Stat. 1260 (emphasis added); 2 U.S.C. § 431(e) (1976). Applying principles of gift law, it is apparent that a campaign contribution, like an ordinary gift, does not become effective until it is delivered to and accepted by the intended donee. See United States v. Hankin, 607 F.2d at 617. (Garth, J. dissenting).
Moreover, the traditional requirement of acceptance, which is embodied in gift law, has great practical significance in the areas of election law and campaign regulation. Because of the extremely technical nature of the rules governing campaign contributions, acceptance of donations is not routine and does not automatically occur. Indeed, in this very case, Mrs. Rainer did not accept the tendered donations until after she had conducted by investigation and was satisfied with the information she obtained, which was required by law, but which did not accompany the checks. Thus, many proffered campaign gifts are not accepted and, as a corollary, in many instances donors may be required to, or may voluntarily, withdraw their tendered contributions. yet, if a contribution can be "made," before it has been "accepted," as Passodelis holds, donors who withdraw their contributions could be faced with criminal liability -- even though their tendered contributions were revoked prior to acceptance by the Campaign committee. Indeed, contributors would suffer criminal liability even where their contributions were rejected and returned by the intended donee. To me, this is an unacceptable, illogical result.
Furthermore, I have grave doubts that the harsh result which flows from the panel majority's analysis was intended by Congress. Congress has imposed criminal penalties upon illegal campaign contributions in an attempt to prevent undue influence from being exerted upon the election system. This end is not served by imposing criminal liability on putative campaign contributors before the prospect of undue influence is realized. Only when a contribution is indeed accepted, does the potential for undue influence upon the donee become real. Thus, criminal liability should be reserved for those situations where potentially illegal donations are in fact accepted, and the reach of such liability should not be extended t include situations where contributions are "made," possibly by mistake or ignorance, but never accepted.
Finally, particularly as it respects the question of venue, the construction of the statute adopted by the majority -- under which a campaign contribution can be irrevocably "made" before it is "accepted" -- portends dire consequences for the enforcement of the election laws. These problems, which could not have been intended by the Congress which drafted the statute, were anticipated in my Hankin dissent:
It should be noted that although § 614 has been repealed, the definition of "contribution" applicable in this case was maintained in the successor statute. 2 U.S.C. § 441f. Thus, the construction of § 614 adopted here by the [Hankin] majority will have continued precedential value. As regards the venue issue, in particular, this is especially unfortunate. For the majority holding creates yet another anomalous result. The logical extension of the majority's analysis would place venue at the home district of every potential donor. With such "fragmented" venue, enforcement efforts would undoubtedly be dispersed and diffuse. Hence, the result reached under the majority's logic would impute to Congress an intent to weaken, rather than strengthen, the election laws by rendering them exceedingly onerous, if not virtually impossible, to enforce.
607 F.2d at 620 n. 8. Thus, just as the limitations problem in Hankin has been complicated by the Hankin majority's adherence to the concept that liability attaches before a contribution is accepted, so too here, this same construction of the election law must inevitably have an adverse impact upon prosecutions brought under the Federal Election Campaign Act as they implicate venue.
This is a case where, under my view as to the proper construction of the Act, venue in the Middle District of Pennsylvania would clearly have been established. The government's Petition for Rehearing, which followed the filing of the panel opinion, reinforces my views as to the correct result in this case and as to the correct approach for determining when a campaign contribution is "made" (i.e., accepted) for the purposes of the election laws. Furthermore, as I have stated in the introduction to this dissent, because the questions raised in interpreting the Federal Election Campaign Act have such enormous practical consequences in the enforcement of election laws, particularly in an election year, I believe that this case deserves en banc consideration by the court. Consequently, I vote to grant the government's Petition for Rehearing and I dissent from this court's order which denies it. * * * * * *
For the reasons set forth in his dissent, as well as for the reasons articulated by Judge Garth, Judge Adams also votes for rehearing. He shares Judge Garth's concern that under the interpretation of the Act adopted by the majority here and by the majority in Hankin, the effective enforcement of this important piece of legislation has been seriously impaired.
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Error to the Circuit Court of Cook county; the Hon. JOHN T.
DEMPSEY, Judge, presiding. Judgment reversed.
The trial in December, 1955, of the case of Narro v. Chicago Transit Authority, an action for personal injuries because of alleged negligence in the operation of a bus, resulted in a verdict in favor of the plaintiff for $5,000. Mr. Fred Lane was the trial lawyer for the plaintiff and Mr. Michael A. Gerrard for the defendant. The defendant filed a motion for a new trial containing 22 points. The argument on the motion was concluded before the trial judge on February 20, 1956. In the argument Mr. Gerrard contended that the questioning by and actions of Mr. Lane during cross-examination of defendant's witness Horstman were prejudicial to the defendant in that he (Lane) used the words "police report" in reference to exhibit No. 11 for identification, interrogated the witness about the exhibit and used the word "police" at the time he framed the question. Mr. Gerrard also contended that the exhibit was handled by Mr. Lane so that the jury knew that the document was a police report. Mr. Lane in his argument before the court, in opposition to the allowance of the motion for a new trial, denied that he had used the words "police report" in his examination of the witness or that he had displayed it before the jury so as to give the impression that the document was a police report. During the argument the court stated that his recollection of the incident coincided with the version given by Mr. Lane and was contradictory to the version of Mr. Gerrard. Upon the conclusion of the argument the court requested that the portion of the cross-examination of the witness in dispute be transcribed as taken by the court reporter and presented to the court so that the court could read what the reporter had to say about it and Mr. Gerrard agreed to procure a transcript of the testimony as requested.
On the afternoon of the day the argument was completed Mr. Gerrard instructed his secretary to order the transcript from the Sullivan Court Reporting Agency. His secretary did so. Mrs. Shirley Ann Cook reported the case for the agency. At the request of the agency she transcribed her notes and delivered the transcript, consisting of 11 pages, to the agency. At that time she was not in the employ of the agency. On February 29, 1956, the agency delivered a transcript of 11 pages to Mr. Gerrard's office. When Mr. Gerrard examined the transcript at about 9:15 A.M. on February 29, 1956, he found that it contained what he believed were inaccuracies. His secretary called the agency on the telephone and Mr. Gerrard gave to a man at that office his (Gerrard's) version of the actions and words in the cross-examination of Horstman by Mr. Lane. Mr. Gerrard testified that the man said he would have the transcript picked up and checked. The transcript was picked up on that day. On arrival at his office the following day (March 1, 1956) Mr. Gerrard's secretary laid the transcript on his desk. It had been returned by the agency that morning. As he was on his way to the courthouse he took the transcript with him. He checked page 7, which was the page on which Mr. Lane's question and the objection thereto appeared and noticed that the page had been corrected to conform with his (Gerrard's) recollection. On that morning, March 1, 1956, he gave the transcript to the trial judge.
The judge gave the transcript to Mr. Lane for examination. Shortly thereafter Mr. Lane protested to the judge that the transcript was not accurate in its report of the cross-examination of Horstman on page 7. The judge told Mr. Lane he could proceed in any manner that he thought he should. The court had the motion for a new trial under advisement. On April 6, 1956, the opposing lawyers appeared separately in the courtroom of the trial judge in cases not related to the Narro case. The court indicated to the respective lawyers that he had waited "a long time" and that he was not disposed to "wait much longer." The respective lawyers filed briefs in support of their contentions on the motion for a new trial. The court granted the motion for a new trial on April 18, 1956, and an order to that effect was entered the following day. Thereupon Mr. Lane filed a petition to vacate the order granting a new trial. In the petition Mr. Lane stated his belief that Mr. Gerrard wilfully and fraudulently falsified and changed page 7 of the transcript by replacing the page presented to him with another page. Following the hearing on the motion to vacate the petition allowing the new trial, the court entered a rule against Mr. Gerrard charging him with criminal contempt in that as counsel for the defendant, Chicago Transit Authority, he hindered the due administration of justice in Narro v. Chicago Transit Authority in three particulars. Respondent filed a verified answer and denied the substance of the three charges. At the suggestion of an Assistant State's Attorney that the court give "his version of those things which are within his own knowledge," the trial judge stated that he would "outline the history of the case as he knows it and those events that occurred and are within the court's own knowledge" and made such a statement. Witnesses and exhibits were introduced on behalf of the People and the respondent. The court adjudged the defendant guilty of contempt of court and fined him $750. The respondent prosecutes a writ of error to reverse the judgment.
The People maintain that the respondent's offense is a direct criminal contempt. In direct criminal contempt cases the order must recite facts showing that a direct contempt of court has occurred, and the recitation of facts which purport to establish the offense must be of events either personally or constructively known to the court or admitted by the contemnor in open court. The contempt having been committed in the presence of the court, evidence is unnecessary and no record is made. All the essential facts must be fully set forth and facts which did not occur in the presence of the court should not be taken into consideration by the court in adjudging guilt. People v. Loughran, 2 Ill.2d 258, 263. The findings in the judgment order contain statements of fact which were not within the trial judge's personal or constructive knowledge and which were controverted by the respondent's testimony. The procedure followed by the People, the respondent and the trial judge was that of indirect criminal contempt. We think that the respondent was charged with indirect criminal contempt.
The respondent urges that the People were required to prove his guilt beyond a reasonable doubt. The People assert that in a case of direct criminal contempt it is not necessary to prove the respondent guilty beyond a reasonable doubt. We have held that the respondent was charged and tried for indirect criminal contempt. All of the elements were not known to the court. One of the essential elements of which the trial judge could not have personal or constructive knowledge and which was expressly asserted by respondent in his verified answer and testimony concerns the circumstances supporting respondent's understanding that the transcript accurately reflected the court reporter's notes. In our opinion it was incumbent upon the People to prove the respondent guilty beyond a reasonable doubt. People v. Spain, 307 Ill. 283, 292; Hollister v. People, 116 Ill. App. 338, 341. The People cite the cases of People v. Kowalski, 307 Ill. 378 and Flannery v. People, 225 Ill. 62, for the proposition that it is not necessary to prove the accused guilty beyond a reasonable doubt in a contempt case. These were civil contempt cases. Other authorities cited by the People are cases where the alleged contempt was a direct criminal contempt wherein the elements therein occurred within view and hearing of the court and were personally known to the court so that the taking of testimony was unnecessary and issues of fact were not involved. See People v. Andalman, 346 Ill. 149; People v. Parker, 328 Ill. App. 46. The doctrine of purgation by oath is not an issue in this case. See People v. Gholson, 412 Ill. 294.
The transcript which the trial judge requested was first received by the respondent from the agency on February 29, 1956. Upon receiving it from the agency on the morning of the next day in what respondent believed to be substantially accurate form, he presented it to the court. Page 7 of the transcript was revised by the agency. The evidence shows that at the time the transcript was delivered to the judge the respondent had no reason to believe that it reflected other than the reporter's notes. The testimony of the court reporter and the proprietor of the agency does not tend to controvert the evidence introduced by respondent that the transcript was delivered by him to the judge on the morning of March 1, 1956, after the agency had revised and returned the transcript to him, and that thereafter it was in the possession of the judge or Mr. Lane. The motion for a new trial was considered by the trial judge in all its ramifications. During the oral argument it was stated without contradiction that on July 16, 1956, the trial judge denied the plaintiff's petition to vacate the order granting a new trial.
Because the People failed to prove the defendant guilty of criminal contempt the judgment of the Circuit Court of Cook county is reversed.
Judgment reversed.
FRIEND, J., concurs.
BRYANT, J., dissents.
This is not the ordinary case of contempt, consisting of submitting by the respondent, knowingly and wilfully, of a false transcript to be certified by the court. In such case the scienter depends upon the knowledge of the presenting attorney that the transcript was false when he presented it.
In the motion for a new trial there developed a situation where the recollection of a particular question, or two, and the conduct of the plaintiff's attorney at that time was in dispute. The recollection of the court and of the plaintiff's attorney were in accord and the recollection of defendant's attorney, the respondent herein, was in disagreement. The obligation was placed on the respondent by the court to obtain a transcript of what the court reporter's notes said. This obviously was not a request for a transcript to be certified. It obviously was a request for the transcript of the court reporter's notes in their original state. It certainly was not a request for the respondent to obtain a transcript which corresponded with his recollection. The respondent ordered the transcript. The transcript came and the critical page (Number 7) corroborated the court and corroborated the plaintiff's attorney as to what had been done and said. The respondent did not deliver that transcript to the court. Instead, the respondent called the court reporting agency, said that the transcript was inaccurate and poor work, and told the court reporting agency what his recollection of the transaction was. The court reporting agency picked up the transcript. They returned it the very next morning. Page 7 had been changed. It now read in a way that corresponded with the respondent's recollection. He read the change. He submitted it to the court without any explanation. It is clear to me that the respondent did not comply with the court's directions; that he knew he had not complied with the directions in a way to make effective the court's intended use of the transcript, and that by failure to disclose that fact to the court, he intended to deceive the court.
As that deception would relate to an important point in a motion for a new trial, that deception tended to impede the administration of justice, and on those simple facts alone the respondent is guilty of a contempt of court.
All direct contempts are not committed in the actual presence of the court. Some direct contempts are committed in the environs of the court the clerk's office or the grand jury room and some direct contempts are committed partly in the presence of the court and the remainder of the acts constituting the contempt are admitted by the contemnor in open court. Illinois Law and Practice, Vol. 12, pages 4-6, Sec. 3. It is my opinion that the conduct of the contemnor in this proceeding, conformed to the latter case. People v. Berof, 367 Ill. 454, 455-456.
At the time the judge first indicated that he was going to hold the contemnor in contempt of court, all those things had either been done in the presence of the court or had been admitted by the contemnor in open court upon the hearing of the motion to set aside the order granting the new trial. It was therefore direct contempt and the court could have at that time punished summarily. That the court entered a rule to show cause and directed the taking of testimony on behalf of the state and on behalf of the respondent, does not change the nature of the contempt. It is customary in cases where a direct contempt is not committed entirely within the presence of the court, to enter a rule to take testimony in regard to that part of the contempt not committed in the presence of the court itself. In re Estate of Kelly, 365 Ill. 174, 178-9; People v. Howarth, 415 Ill. 499, 508-509.
If, however, I should agree with the majority opinion that this was a more normal type of contempt involving the presentation of a false transcript in the ordinary sense of the word, which involves a question of certification, and imposing upon the court in that regard, and that it was an indirect contempt, which placed upon the state the obligation of proving the contemnor guilty beyond a reasonable doubt, I would still think him so. The difference in the concept merely changes the type of scienter from one where he knew he was not doing what the court requested him to do, and changed his instruction, so to speak, without advising the court, and thereby intended to deceive the court, to another type of scienter which would require the state to prove that the respondent knew that the transcript was false when he delivered it to the court.
Such a question of scienter is very difficult to prove because it involves the condition of a man's mind. In this case all the testimony of the respondent was, of course, self-serving, and his credibility is to be judged by his interest. It depends entirely upon the exact words allegedly used by the representative of the agency when the respondent complained that the transcript was not accurate; and when the respondent told the representative of the agency what he thought the transcript should contain, respondent says that the agent said, "Send it back and we will check it with our notes." The state did not call as a witness the representative of the agency, nor did the respondent. The slightest deviation in the exactitude of those words would change the whole problem of scienter. It is a well established principle of law, where only one witness testifies to a material event, that you are not required to believe that witness if it seems highly improbable and there are other reasons which affect credibility. Tepper v. Campo, 398 Ill. 496, 505.
There are certain collateral matters which were developed on the rule to show cause which shed light upon the credibility of this respondent's self-exculpatory statement: (1) The court reporter's notes were, and remained, in complete corroboration of the first transcript submitted; (2) The court reporter was no longer employed by the agency at the time the transcript was first delivered; (3) The court reporter's notes were not in the possession of the agency; (4) She had taken the notes, written up the transcript at home on her own stationery and returned the transcript to the agency; (5) The agency could not have checked the notes. With that situation is to be coupled the fact that the respondent told the agency what the transcript should contain, in accordance with his recollection. Is it reasonable to believe that under the circumstances the agency said to the respondent, "Send it over and I'll check it."
I think the preponderance of the evidence indicates that the respondent approached Shirley Ann Cook and checked her notes with her and asked her to put in the words "police report," and she refused. His interest in denying it is more evident than her interest in affirming it. The evidence is uncontroverted that the respondent on more than one occasion had conversations with the head of the reporting agency in regard to this matter. Even in the construction of this contempt as set out in the majority opinion, and with the provision that it is an indirect contempt and must be proved beyond a reasonable doubt, I am convinced that the respondent is guilty.
It has been urged on oral argument that the respondent's fine reputation at the bar and his long and honored practice should in some way palliate his offense. It might appear that such a position at the bar would place upon him a greater obligation to be scrupulously correct in his conduct. I cannot give my approval to his conduct in this case.
In this connection it should also be pointed out that this case involves integrity in the administration of justice. The court appeared to be exceedingly fair. He gave the respondent rights in regard to the hearing which he might not necessarily have given him. He was fair and impartial in his rulings as far as the record discloses. In this case he was trying to maintain in his court room the highest standards of the profession and scrupulous integrity in the administration of justice. I think it is highly important that his effort in that regard be approved. I therefore must dissent.
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text: As part of Kenshoo's elite team of Strategic Services Managers, I execute effective Facebook campaigns across many verticals including retail, financial service, and e-comm, with an emphasis and affinity to programmatic buying. I've been at Kenshoo over two years, managing many FBX and DPA campaigns, which has been a crucial part of developing hands-on expertise in this ever changing arena.I work closely with our product and client success teams to fine tune and enhance the Kenshoo Social product offering. It's rewarding for me to see client success after providing strategy recommendations. If they're happy, I'm happy!Prior to Kenshoo, I was a senior account manager at ReachLocal, where I was responsible for the campaign success of a wide range of SMB paid search and social media programs. During my tenure, I was awarded Account Manager of the year, which was and still is, a testament to my client-first priorities.I am originally from St. Louis, home to my favorite snack, toasted ravioli. I currently live and wander around NYC. When I'm not here, you can find me traveling the globe, exploring beyond the beaten path, and always in search of the best and boldest iced coffee. I hold a BS in Marketing from Missouri State University.


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Discussion in 'iPod touch' started by mossme89, Mar 10, 2008.
sorry if this is in the wrong section....
Ok nvm we need donations to skylarEC and bgizzle
What are they going to develop? It should pay for itself.
Dude... Seriously, I say we should donate to SkylerEC cause he seems the most trust worthy.
And which Dev team are you saying to donate too?
ALSO, this should not be made Public.
Apple will find out and then easily change the Key or just Stop all together until June.
if they are full and good apps.
ill Please Register or Log in to view images
agree with you Please Register or Log in to view images))
Please Register or Log in to view images
why the dev team??????
the person if anyone should be bgizzle.....
Bgizzle or SkylerEC.
No Offense. But I do not trust Dev Con team at all.
No offense again, but I think they're too young and a bit immature =\
I am not bashing/flaming the DevCon Team, but I would probably rather donate to SkylarEC or Bgizzle too. We need to ask them!
ok do they develop? Also do you know their paypals?
I know SkylerEC Develops. You have to ask them for their Paypal.
The only person I know who develops on Dev Con Team is probably Chris Stroud.
Somebody pm skylarEC!! It would be hard for me to do that considering I'm on my iPod typing this.
Separate names with a comma.


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March 21, 2012
SCOTT ERIC LUELLEN, PLAINTIFF,v.JOE DEAN HODGE, DEFENDANT.
Plaintiff Scott Eric Luellen ("Luellen") has commenced the instant action alleging that defendant Joe Dean Hodge ("Hodge"), Luellen's ex-father-in-law, conspired with Luellen's ex-wife to open a bank account to hide her assets while the couple was negotiating a divorce settlement. (Docket # 1). According to Luellen, he would not have entered into the same financial settlement had his ex-wife disclosed the assets contained in the bank account her father maintained. (Id. at ¶ 90). Luellen has asserted claims of wire fraud, claims under the Racketeer Influenced and Corrupt Organizations statute, 18 U.S.C. §§ 1962, 1964, and various other state law claims. (Docket # 1). Pursuant to 28 U.S.C. § 636(c), the parties have consented to have a United States magistrate judge conduct all further proceedings in this case, including the entry of final judgment. (Docket # 20).
Currently pending before this Court is Luellen's motion for partial summary judgment and to strike paragraphs 16 through 19 of Hodge's answer. (Docket # 16). In addition, Luellen has moved for a default judgment. (Docket # 45). I address the motion for default judgment first.
Luellen has moved to strike the answer as untimely and for a default judgment. (Docket # 45). Specifically, Luellen contends that Hodge's answer was sixteen days late. (Id.). This Court previously denied Luellen's motion for a default judgment made on the same grounds.*fn1 (Docket ## 31, 40). Accordingly, the instant motion must be denied as moot.
I turn next to Luellen's motion for partial summary judgment. Under Rule 56, "[a] party may move for summary judgment, identifying each claim or defense -- or the part of each claim or defense -- on which summary judgment is sought." Fed. R. Civ. P. 56(a). If the movant demonstrates that there is no "genuine dispute as to any material fact" regarding that claim and the movant is entitled to judgment as a matter of law, the court shall grant summary judgment. Id. As the Second Circuit has explained:
[T]he trial court's task at the summary judgment motion stage of the litigation is carefully limited to discerning whether there are any genuine issues of material fact to be tried, not to deciding them. Its duty, in short, is confined at this point to issue-finding; it does not extend to issue-resolution . . . . [I]t must be kept in mind that only by reference to the substantive law can it be determined whether a disputed fact is material to the resolution of the dispute.
Gallo v. Prudential Residential Servs., Ltd. P'ship, 22 F.3d 1219, 1224 (2d Cir. 1994).
Here, based on allegations asserted in Hodge's answer that Luellen contends are admissions, Luellen seeks a judgment that:
(1) Mr. Hodge opened a bank account at PNC Bank in December 2004 in his name to hold Ms. Hodge's money; (2) Mr. Hodge maintained that account until at least September 2007; (3) Mr. Hodge opened a "joint" account with Ms. Hodge in September 2007; and, (4) the purpose of the original account was to hide the assets of Ms. Hodge. (Docket # 16 at 4).
Essentially, Luellen seeks a judicial finding of fact. Whether the facts are genuinely in dispute or not, however, Luellen has not identified the claims to which he contends these facts are material, leaving the Court to guess the claims, if any, on which Luellen believes he is entitled to judgment as a matter of law. Accordingly, Luellen's motion for partial summary judgment is denied without prejudice.*fn2 Any subsequent motion for summary judgment must identify the claims on which he believes he is entitled to judgment as a matter of law and the purportedly undisputed facts relevant to those claims.
I turn next to Luellen's motion to strike paragraphs 16 through 19 of Hodge's answer. A review of the relevant paragraphs reveals that they relate to Hodge's assertions that Luellen's suit violates Rule 11 of the Federal Rules of Civil Procedure. (Docket # 9 at ¶¶ 16-19). Specifically, Hodge alleges that Luellen has brought frivolous and expensive litigations in other jurisdictions. (Id.). Luellen contends that Hodge's assertions "are negligent misrepresentations at best and a fraud upon this Court at worst" and explains, unsupported by any sworn statements, why he believes Hodge's allegations are false. (Docket # 16 at 2-3).
Rule 8(c) of the Federal Rules of Civil Procedure governs the pleading of affirmative defenses. "Affirmative defenses are...subject to the general pleading requirements of Rules 8(a) [and] 8(e) . . . , generally requiring only a short and plain statement of the facts."
Saratoga Harness Racing, Inc. v. Veneglia, 1997 WL 135946, *6 (N.D.N.Y. 1997) (quoting Instituto Nacional De Comercializacion Agricola v. Continental Ill. Nat'l Bank & Trust Co., 576 F. Supp. 985, 988 (N.D. Ill. 1983)).
Here, Hodge has asserted that Luellen's complaint violates Rule 11 of the Federal Rule of Civil Procedure and has included factual allegations in support of that assertion. Specifically, Hodge claims that Luellen has engaged in harassing and frivolous litigation in other jurisdictions. (Docket # 9 at ¶¶ 16-19). While such an affirmative defense is unusual, it notifies Luellen of Hodge's "intention to prove that this matter is legally frivolous and brought for an improper purpose." Book v. Moulton, 2005 WL 3307361, *1 (N.D.N.Y. 2005) (denying motion to strike affirmative defense based on Rule 11). Whether Hodge's factual assertions are sufficient to support a finding the Luellen has violated Rule 11 is a question for another day. Today, I deny Luellen's motion to strike on the ground that Hodge's affirmative defense satisfies the general pleading requirements under Rule 8.*fn3
Finally, Luellen has also moved to expedite this Court's decision on the motions discussed above, which I deny as moot. (Docket # 46).
For the reasons stated above, plaintiff's motion to strike and for partial summary judgment (Docket # 16) is DENIED. In addition, plaintiff's motion to strike the answer and for default (Docket # 45) is DENIED as MOOT. Finally, plaintiff's motion to expedite (Docket # 46) is DENIED as MOOT.
Marian W. Payson
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Block Fortress episode 4 Tips and Strategies
- App name: Block Fortress
- Developer: Foursaken Media
- Genre: Strategy
- Release: Mar 7, 2013
Let's play Block Fortress on iOS. In this part of the walkthrough, you will learn more tips and tricks while playing the Block Fortress game on the iPhone.
episode 4 Walkthrough
This page contains Block Fortress video walkthroughs for iOS (iPhone/iPad) called "justin & anthony play - mortar tower & goblin generals" and has been uploaded on IGN official channel at Apr 19, 2013.
Still need help with this level? Here you can ask questions and discuss with other Block Fortress users.
Hit like if this helped you!
Stuck on some levels in Block Fortress? This walkthrough can help you finish the game.


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Register to attend the premier energy industry conference that draws the top program managers, policy makers, implementers, marketers, evaluators, consultants and vendors in energy efficiency. Highly regarded experts in their respective fields will lead over 30 sessions that will cover the range of current topics in marketing, tools and technology, implementation, program design, research, evaluation and more.
Whether learning or networking is your priority, you'll get to experience the best of both with an agenda that balances top notch educational sessions and pre-conference training courses with valuable networking events.
AESP will kick-off our National Conference with optional pre-conference training courses*, the utility-only roundtable, an evening reception and a new professionals event all on the first day! Following will be three days of speaker presentations, panel discussions, interactive roundtables, poster sessions and networking events.
Experience the best of both worlds with a conference that balances top notch educational sessions with valuable networking events.
Conference Schedule:
Monday, February 13
UtilitiesConnect 4:00 - 5:30 PM
Evening Reception 5:30 - 7:00 PM
New Professionals Event 7:15 - 8:15 PM
Tuesday, February 14
Sessions 8:15 AM - 5:00 PM
Evening Reception 5:00 - 6:30 PM
Wednesday, February 15
Sessions 8:30 AM - 5:00 PM
Special Evening Reception 5:30 - 7:30 PM
Thursday, February 16
Sessions 9 AM - Noon
Closing Plenary and Lunch Noon - 2 PM
Training courses, chapter or t/c meetings, breakfast, lunch & break times are not displayed. View the agenda for details.
Conference Rates (USD):
Member: $1195
Non-member: $1395
Speakers, Moderators, Board Members & T/C Chairs: $600
Full-time student: $300***
Group Member Points: 8
3 Member Special: Register 3 active AESP members at the same time for $3350 - Offer expires Jan 16, 2017.
Early registration will expire on January 16, 2017. After January 16 rates per person are: Member $1395 or 9 Group Member Points; Non-member $1595; and Speakers, Moderators, Board Members & T/C Chairs will increase to $650.
If you are an active group member and would like to register using points, email email@example.com
*** Student registrants must email/fax their school id and class schedule to email@example.com or (480) 704-5905.
If you need to be invoiced for this transaction, simply complete this form and fax it to Shannon at (480) 704-5905.
Loews Royal Pacific Hotel - 6300 Hollywood Way, Orlando, FL 32819 - (407) 503-3000
The room block is open until January 19, 2017 or until it is full.
Reserve your room at the Loews online: https://uo.loewshotels.com/en/Royal-Pacific-Resort/GroupPages/AESP or by telephone.
AESP does not use a housing management firm.
Pre-conference Training Courses *
February 13, 2017
Fee: $575.00 USD*
Points: 3
Build It and They Will Come – Program Planning, Design & Implementation
Trainer: Charley Budd, CB&I
Earn .5 CEUs
This hands-on course covers a variety of program implementation and program management topics such as program operational processes, developing Requests for Proposals and contractor selection, using program tracking data and understanding evaluators. The course includes several modules that begin with a high level overview and transition to group exercises that dive into the details, data and issues that program implementers face every day. Participants will review and use program operations manuals, program tracking data, and program documentation to solve practical and common problems, and to simulate common program management issues. Class discussions will draw out useful insights and experiences from participants. Instructors are experienced in the real world successes and failures of program management at utilities and consulting firms. This course is designed for the DSM professional with at least 2-3 years of DSM program experience.
Critical Thinking – Enhance your skills for decision making, leadership and communications
Trainer: Jim Walters, Power of Learning
This workshop is founded on an understanding that leading business today requires the ability to bridge differing opinions, ask crucial questions, and having the know-how to overcome territorial domains; without it poor decisions almost always result. Indeed, the ability to think logically and comprehensively to evaluate a situation (critical thinking) is vital for optimum decision-making. Key areas of focus include learning, bias, reasoning, questioning, fallacy, the process of critical thinking based on the work of The Foundation for Critical Thinking, and intellectual growth. The workshop is presented in an engaging and fun manner in order for participants to increase their thinking awareness as the first step to sharpening their thinking skills. It is akin to the baseball player asking Why do I have to keep my eye on the ball? I have already done that once. If we are not aware of our thinking, we have no chance of improving it. The overarching goal of this workshop is to provide the motivation for participants to become less self-centered and more fair-minded thinkers.
Participants can expect to:
• Enrich their personal and work life significantly
• Know how to elevate their thinking
• Know how to correct error at every level of the organization.
Cancellation Policy:
Cancellations received by 1/16/17 will receive a refund minus a $200 processing fee. If using Points, there will be a 1 Point cancellation fee.
Cancellations received after 1/16/17 and no shows will not receive a refund (cash or Points). AESP reserves the right to cancel a training course at any time with reasonable notice given to all participants. If a program is canceled, refunds will be paid in full for training course canceled or you may reschedule attendance in the next available training course. In the event of a cancellation, AESP is not responsible for non-refundable airfares, other airfare penalties, or travel charges you may incur.
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Actual rating will vary with options, driving conditions, habits and vehicle condition.
If you are looking for a vehicle with great styling, options and incredible fuel economy, look no further than this quality automobile. There are many vehicles on the market but if you are looking for a vehicle that will perform as good as it looks then this Hyundai Accent SE is the one!
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Estimated Monthly Payment will depend on vehicle make and model and will be determined upon actual vehicle inspection. All payments are estimates. Tax, title and any other fees are extra.


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You Are Here : Drama.net > Prosecutor Princess
Prosecutor PrincessAlternative Titles : Geomsa Princess, Prosecutor Mata Hari, 检察官公主, 검사 마타하리, 검사 프린세스 Cast : Kim So Yun, Yoo Gun, Park Shi Hoo, Choi Song Hyun, Han Jung Soo Category: Korean Drama Genres : Romance Type : TV Series Release : 2010 Status : Description : Ma Hae-Ri (Kim So-Yeon) was an overweight child, but with hard training overseen by her mother, she grew to have a near perfect figure. She has an incredible memory and ability to focus which helped her to eventually pass the bar exam. After her bar exam, Ma Hae-Ri studied further at the Judicial Research & Training Institute to become a prosecutor. Ma Ha-Ri received great scores and had no difficulties become a prosecutor.
At first, Ma Hae-Ri had doubts about her abilities to become a prosecutor. But with practice and several cases she excelled at her job and got the nickname Mata Hari. "Female Prosecutor Mata Hari" covers her life and her relationship with two men..
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1122 Skybrooke Avenue, Waconia MN, 55387
Sold Price:
3 beds , 2 Full/1 Half baths
2,052 sqft
Status: Sold
Listing Provided Courtesy Of: Mattamy Homes
Real Living 1st MSP Realty
Last Updated: 12/4/2016 9:08 PM
Description for 1122 Skybrooke Avenue Waconia, MN 55387
Another sold before print! 3 bedroom plus loft, 2.5 bath Dalton floor plan!
Sold Price:
Sold Date:01/05/2016
2 Full/1 Half
2,052 (approx)
Another sold before print! 3 bedroom plus loft, 2.5 bath Dalton floor plan!
Listing Information
2,052 Sq. Ft. (approx)
City Water - Connected
City Sewer - Connected
School Information
Room Information
Main Level, Great Room
Informal Dining Room, Kitchen/Dining Room
Main Floor Laundry
Main Floor 1/2 Bath, Upper Level Full Bath, Private Master, Rough In
Interior Features
2,052 Sq. Ft. Above Ground
Range, Microwave, Exhaust Fan/Hood, Dishwasher, Refrigerator, Disposal
Central Air
Gas Heat, Forced Air
Full, Drain Tiled, Sump Pump, Egress Windows, Poured Concrete, Unfinished
Kitchen Window, Washer/Dryer Hookup, 4 BR on One Level
Exterior / Lot Features
3 Garage Spaces, Attached Garage
Age 8 Years or Less
Road Frontage- City, Paved Streets, Curbs, Sidewalks. City Bus (w/in 6 blks), Sod Included in Price
Community Features
Bus Line
Driving Directions
Highway 212 to Cty Rd 10 West. Left on Sparrow Rd. Model is on right!
Financial Considerations
Sanitation, Professional Management, Other
Waconia Real Estate
Waconia is located in Minnesota. Waconia, Minnesota 55387 has a population of 10,707.
The median household income in Waconia, Minnesota 55387 is $80,224. The median household income for the surrounding county is $83,275 compared to the national median of $53,046. The median age of people living in Waconia 55387 is 34.9 years.
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text:
Adaptive Vest (2015 Version)
Adaptive vest was sewn from the original Cordura® 500D material, which is several times more durable than ordinary nylon and even several dozen times more durable than polyester and cotton whilst maintaining low weight. Increased water and stain resistance was achieved due to a coverage with a layer of Teflon® Dupont™.
2015 version features a much more advanced construction than previous Adaptive Vest models. It has a very comfortable load-bearing system: the back, arm straps and cummerbund of the vest have soft material lining that improves the comfort of wearing on the inside. The new system also provides better ventilation. The vest is fully adjustable so it can easily be adapted to any body type and user's preferences.
The vest has pockets for ballistic inserts in M size (front, back + sides). The surface of the vest has MOLLE load bearing system webbing, which means pouches can be freely attached to it and arranged in any configuration. The front panel features a pocket with an organizer intended for storing additional miscellaneous items and a Velcro panel for the attachment of badges and stripes. At the back is located a transport handle.
The set includes dummies of the front and back ballistic inserts.
|Space for a ballistic plates:
Yes, front and back
|Kompatybilność z MOLLE:
|Quick Release system:
|Made of:
Cordura 500D


text:
I work directly with the seller's reps for the FDIC, Fannie Mae, and several US & European #banks I work with both buyer reps and IM's next to the buyer reps. If you need legitimate seller's, I can put you in contact with them. Please email me at: Lynne@RealEstate#Commercial#investments.com.
Thank you. Lynne Locklin
- Jul 14, 2010 2010-07-14 21:45:33
- Henderson, NV


text:
Days From December, Tornado Warnings Issued In IowaThe tornado warnings affected portions in the northeastern section of the state Monday afternoon.
2 Dead, Officers Hurt Following Iowa Crash Two people are dead and two police officers have been injured in a crash in Cedar Rapids.
Charges: Iowa Woman Put Infant's Hand In Coffee To Prove It Was HotAuthorities say a Council Bluffs woman placed one of her 10-month-old son's hands in a mug of coffee to prove to him that the coffee was hot.
Iowa Man Praised Police Before Fatally Shooting 2Days before he allegedly killed two Iowa police officers, Scott Michael Greene sent a note to one of their departments apologizing for prior run-ins, saying his "dark days" were over and praising police as "absolute heroes."
Eden Prairie Man Killed, 2 Mpls. Men Injured In I-35 Crash In IowaAn Eden Prairie man is dead and two others are injured after a rollover crash on Interstate 35 near Ames, Iowa.
Iowa Voters Seeking Change Pick Trump, Unsure About ChoiceDonald Trump's victory in Iowa was propelled by voters who are deeply unhappy with the federal government and say they want change, even though many have reservations about both candidates, according to exit polls conducted by Edison Research for The Associated Press and television networks.
Flights Between Fort Dodge, Twin Cities Begin Again After 2-Year HiatusThe Fort Dodge airport is now offering commercial flights to Minneapolis-St. Paul International Airport for the first time in two years.
Services Set For Officers Killed In IowaA funeral has been scheduled for the second Iowa police officer who was fatally shot in an ambush-style attack while sitting in his police vehicle.
Iowa Police Capture Man Accused Of Shooting, Killing 2 OfficersAuthorities apprehended a man Wednesday suspected in the early morning killings of two Des Moines area police officers who were shot to death while sitting in their patrol cars in what authorities described as separate ambush-style attacks.
4 Things To Know: Iowa Officers Fatally Shot, Women Priests, World Series & MoreFrom two police officers being fatally shot in Iowa to Pope Francis ruling out women's ordination forever, here is a look at the top four stories to know from Nov. 2, 2016.
Federal Disaster Funding Approved For 19 Iowa CountiesPresident Barack Obama has approved a major disaster declaration for 19 Iowa counties because of storms and flooding in September and October.
Iowa Trump Supporter Accused Of Voting TwiceAs Republican presidential candidate Donald Trump has raised concerns that the general election could be "rigged,' one of his Iowa supporters is accused of trying to vote for him more than once.


text:
What are the best gifts for kids? Undoubtedly the things they love to play with as playing is the only thing they much love. So, just to make the kids, near to your heart, crush on your gift completely; we have a bundle of soft toys that are nothing else but adorable. Gifting kids is not an easy task; unlike adults, they don't know how to pretend. They will like your gift if that interests them else, they might even throw it away. Don't worry! With the range of gifts we have for kids, you are sure going to bag a huge amount of love and smiles.
Talking about the best gifts for kids, one thing that comes to mind is definitely soft toys. Soft toys being so cuddlesome and loveable, every kid loves to play with them. Sometimes the soft toys are on the kids and sometimes the kids are sitting on them trying to ride it. So we have very thoughtfully collected some soft toys that include the most interesting ones for kids. Not only teddy bears, but kids love to play with animal soft toys pretty much. Best part here is we let you take a pick on any adorable soft toy in JAW-DROPPING prices. Can't believe? Check the category page for offers and deals on soft toys, and rest amazed with the exciting range in unbelievable prices. IGP.com is no doubt, the best place to buy stuffed toys online at best prices.
We house an array of interesting soft toys that include soft animals toys like super cute bunny, Lord Ganesha soft toy, Bugs Bunny, dogs, etc. These will definitely be loved by any kid gifted to. More than love, he or she will lovingly play with it. From a riot of colours, available in these soft toys, you can take a pick according to who you want to gift. If it is a boy, go for colours like Blue, Purple, etc and if it is a girl, needless to say, she will love to receive pink and red.
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Find a collection of interesting and handpicked gifts available here online at IGP.com that are meant to suit every occasion of yours.


text:
Wave Control
by: MarksThinkTank • 10K
All Android applications categories
All Android games categories
by: MarksThinkTank • 10K
Explore more
Wave Control is about as good as gesture control apps get. It has a good explanation on how to use it, and lots of set up options. However like all gesture control apps, it just doesn't work all that well - the little light sensor on your phone requires you to get your hand far to close to register waves properly.
As gesture control apps go, this one is good, It has a great explanation on how to use it, and plenty of set up and customization options.
Because of the way the app works, using your phones light sensor, it just doesn't work very well. It's far to finicky, to the point where it would be much faster to just unlock your phone and hit play.
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by Oliver
Mar 30, 2015
Users review
from 10.001 reviews
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Forest succession, composition and dynamics are often explained based on the light requirements of tree species for establishment, survival and growth (Finegan 1984; Pacala et al. 1996). Traditionally, foresters in both temperate and tropical zones have classified tree species into groups according to their shade tolerance in the regeneration phase, leading to the classical dichotomy of pioneer vs. shade-tolerant species (Swaine & Whitmore 1988). Strong early environmental requirements in combination with high mortality rates may determine when, where and under what conditions seedlings of tree species are found. However, species may differ in their tolerance of shade at successive stages in their life cycle (Oldeman & van Dijk 1991; Grubb 1996; Bazzaz 1998). The 'regeneration niche' of a species, as defined by Grubb (1977), embraces all stages in the regeneration process, and up till now there have been very few quantitative studies of the requirements of tree species beyond the juvenile stage (e.g. Clark & Clark 1992).
While every tree may have its own unique light trajectory from seed to adult tree, a general classification can be used to indicate the possible alternative pathways during a tree's life (individual ontogenetic trajectories). In Fig. 1 we simplify these possibilities by considering four critical life-history stages and three light levels. After dispersal, a seed may be found under low, intermediate or high light conditions. The seedling growing out of this seed may be found in lower, similar or higher light conditions than the seed, as may be the juvenile and adult stage of that individual, depending on the changes in the individual tree's light environment. Trajectories can be described in the same way at the population level (population or species height–light trajectory, HLT), where the light levels experienced by seeds, seedlings, juveniles and adults may differ, depending on the light requirements for germination and establishment, and on the light dependency of survival, growth and reproduction. Species thus may show different shifts in their light requirements in different stages of their life cycle. The most extreme trajectories are formed by the outer pathways in Fig. 1: on the left, vertical arrows represent species that grow up and mature in the low light conditions of the forest understorey (traditionally referred to as strict shade-tolerant species), whereas species that establish and grow up in the bright light environment of gaps (light demanding or pioneer species) are on the far right. In between there is a whole gamut of potential light trajectories: 81 hypothetical pathways result from only four discrete life-history stages and three light levels (Fig. 1) and, in reality, the two axes are continuous, leading to an infinite number of possible pathways.
In tropical rain forest there is a strong and predictable vertical gradient in light availability: a progressive exponential extinction of light occurs when incoming radiation from above is intercepted by successive leaf layers in the forest canopy. Trees therefore should encounter brighter light conditions as they increase in height. The null hypothesis for a height–light trajectory thus would be to change from shade when small to bright light when tall. What processes lead to possible deviations of species HLTs from this null model? Species may either deviate from the average light environment right from the beginning of their life cycle, or such differences may only become apparent in later stages. Experimental evidence shows that both pioneer and non-pioneer species may germinate under a wide range of environmental conditions (e.g. Kyereh et al. 1999; Peña-Claros 2001; Pearson et al. 2002), contradicting the classical ideas (cf. Swaine & Whitmore 1988). Selection occurs therefore mainly in later stages of the life cycle, when the species are growing towards the canopy. From a physiological point of view, trees need brighter light conditions when growing in size: the ratio between photosynthesizing and respiring tissue declines with plant size, leading to an enhanced whole-plant light compensation point (Givnish 1988). The height-dependent changes in the whole-plant light compensation point may differ amongst species, and the species may follow therefore different height–light trajectories.
It is likely that the shape of the light trajectory is related to the maximum adult stature of the species. Many large-stature species only become reproductive when they attain a position in the canopy and get access to light (e.g. Thomas 1996a; Zuidema & Boot 2002). As a consequence, these species should grow faster towards the canopy, and realize a faster temporal and height-related increase in crown exposure than small-stature species that do not have to grow to the canopy (Kohyama & Hotta 1990). Tree allometry might play a decisive role in this respect, as slender stems and narrow crowns allow for a rapid vertical tree extension (Kohyama & Hotta 1990; Sterck & Bongers 1998; Poorter & Werger 1999; Sterck et al. 2001; Kohyama et al. 2003; Poorter et al. 2003).
Despite its central role as a working model in forest ecology, little quantitative information is available on the shade tolerance of tree species. Species are often subjectively classified in two or three groups, based on the ecological knowledge and best-educated guesses of the researchers. The last decade has seen a growing body of publications, in which the light environments of tropical tree species have been quantified using PAR sensors, hemispherical photographs, or qualitative estimates of the light environment (e.g. Welden et al. 1991; Clark & Clark 1992; Clark et al. 1993; Lieberman et al. 1995; Davies et al. 1998; Rose 2000; Poorter & Arets 2003). Most studies, however, focus only on one life-history stage, or consider only few species (but see Hawthorne 1995). A community-wide approach is needed to provide the necessary resolution for revealing ecologically and statistically sound patterns, and to gain insight into the extent to which tree species partition the light gradient. Lieberman et al. (1995) took such a community-wide perspective, and considered trees over a large size range. They found that 14% of the species indeed occurred in darker or brighter conditions than expected, whereas 86% had a random distribution with respect to light. However, by the nature of their analysis, they excluded a priori the possibility that species may switch light requirements with tree height (cf. Fig. 1).
If such height-related shifts exist, they may have profound repercussions for our current views on plasticity and adaptation (Reich 2000), light partitioning and species coexistence (Hubbell et al. 1999), and silviculture and management (Lamprecht 1990). Species that experience large changes in light requirements with height might be expected to have greater trait plasticity than species that consistently occur under high or low light conditions (Popma et al. 1992; Grubb 1998; Reich 2000). Similarly, the influence of light partitioning might seem weak when only the seedling stage is considered, but might be stronger when crossovers in light requirements occur as species increase in size (Sack & Grubb 2001). Finally, silvicultural interventions such as liberation thinning might be more refined if we know for what species it is needed, and at what ontogenetic stage it should be applied.
Here we draw on a large data set from a Liberian rain forest, in which height and crown exposure were measured for 7460 trees. Temporal changes in crown exposure were followed for a 6-year period. We describe the height–light trajectories of 47 species using multinomial logistic regression analysis. Monitored trees had a diameter at breast height of 10 cm or over, and our analysis is therefore confined to the juvenile and adult stage (Fig. 1).
We address two questions. First, do species differ in their height–light trajectories from the average vertical light profile in the forest, and if so, how common is each of the hypothetical pathways identified? Secondly, are differences in these trajectories related to the maximal adult stature and allometry of the species?


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Happy Holidays from Walkabout International!
Walkabout International has been in the forefront of promoting healthy regular exercise, social camaraderie and discovering new places since its inception in 1977. We have conducted over 25,000 walks covering more than two million people-miles – or the equivalent of walking around the equator over 80 times – for tens of thousands of "soles"!
An all-volunteer non-profit 501(c3) organization offers hundreds of local walks each year along with, low-cost day and overnight trips, parties and potlucks, holiday celebrations and other activities. Come join us where your interests lead you while selecting from our numerous walks - hikes.
At its October meeting our Walkabout board approved its newest board member and treasurer, Diane Erk. Diane has been a Walkabout member for nearly a year, having joined following her retirement from full time employment in the financial field. Diane hails from Pittsburgh, PA but followed her family to San Diego in 1978. She was educated at Pennsylvania schools and has her bachelor's degree (in biology and microbiology) and MBA (in accounting) from the University of Pittsburgh. She has worked at Price Waterhouse in accounting and for a number of other financial firms. She has been married to Frank Dezenzo (too many Z's she says to change her name) for 35+ years, and they share their home with Benny the cat. She became aware of Walkabout's need for a treasurer through board member Marilyn Buckley, who overheard Diane talking about QuickBooks during their swim-aerobics class. The rest is history. She and Frank showed up for Walkabout's Halloween walk costumed as jail convicts, thus inspiring much confidence in her plans to handle Walkabout's finances! Diane enjoys bicycling, walking, swimming and reading, and has travelled with her husband on many trips. When asked what she felt about her new job, she replied, I think this is going to be fun!"
Looking for a great, inexpensive gift for a friend for the holidays? Enjoy Walkabout International every day of the year with a wall-mount calendar for $3. The calendar has beautiful photographs of colorful scenes from around the country. It will remind you of great walking and trips to come! It even comes wrapped in a decorated envelope and has Walkabout's address and phone number on each one for easy referral. To purchase one (available after Thanksgiving), contact the office and put your name (and email address) on the list. You can pay at the office when you call for your calendar during office hours.
On a picture-perfect beach day on Saturday, October 29, about thirty-five Walkabouters enjoyed a potluck lunch, auction, and walks to celebrate a beautiful fall day at Mission Beach. About half the group joined on an initial walk to commemorate the life of Rita Balliot, our former treasurer and board member who died late this summer. Flower petals were handed out at water's edge with instructions to float the petals in memory of Rita, whose ashes were scattered at sea by her family. (A memorial walk for Rita had been held a week before). When the walk ended, lunch began, an assortment of homemade and store bought goodies were presented to delight the crowd under our covered gazebo near the shore.
After lunch Walkabout President Bob Buehler gave a brief report on overall operations, subscribership, trips and introduced our newest board member and treasurer, Diane Erk. After his report, auctioneer Dan Haslam begged for bids for the numerous "cast offs" contributed by our members. Movie tickets to "The Lot" (next door to WI's offices) were raffled off as door prizes. Norm Vigeant's homemade pumpkin pies were a hit at the auction as was a week-long stay at a Cape Cod condo. Other items were sold at bargain basement prices, with several bidders getting a head start on holiday shopping. Following the hour-long auction, Mark Levy led another walk for those who wanted to walk off the calories from lunch.
Nearly twenty Walkabouters (some in costume) turned out for the annual Halloween prowl around University Heights for a walk as darkness fell over festive and scary Maryland Street. This street's several blocks has in recent years become "the" neighborhood to visit ghosts and ghouls, and this year was no disappointment. The Bates Motel, with "vacancy" sign lit over the front door in a classic Victorian, featured Mrs. Bates rocking in her chair out front, passing out candy for those who dared to approach. She's also seen rocking on the balcony upstairs, and a clever electronic silhouette of "her" wielding a knife in the downstairs window. Another exhibit featured Michael Jackson's "Thriller," to dancing gourds and a skeleton in a raised garden bed. There was a skit in someone's front yard "turning on" son of Frankenstein, complete with doctors in lab coats, jellied "brains," and all sorts of sound effects.
Our Walkabout group met up in University Heights at Dan Haslam's bungalow court condo and walked to the event and collected some candy along the way too. Following the crowded mass of pedestrians, our group returned to our starting point for an evening supper and other refreshments. This event is a crowd pleaser, so mark your calendar for next year -- if you dare!
We continue to need office volunteers and new board members.
If you are interested in these specific opportunities or any of our volunteer positions, please call the office (619) 231-7463.
Receive help with write-up, contact us with YOUR ideas for walks, etc.!
- Balboa Park with ranger tour
- Free Tuesdays at museums in Balboa Park
Please call our office (619) 231-7463 for details about any of the following.
|Christmas Brunch; Gift Exchange
|December 25
|New Years Day
|January 1
|Chinese New Year Walk/Dinner
|February 12, 2017


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Serving New York-style pizza, pasta and Italian specialties since 1973. Full-service dining. Carry out and free delivery. Deliciously affordable. Late night snacks and lunch in the summer months. Daily 4 pm-9 pm
Sat-Sun 12 noon-9 pm
Pizza, Italian dishes, Monday and Tuesday Spaghetti night $4.95 per person, eat in, take out and free delivery. Daily 11 am-9 pm
NOTE: Temporarily closed due to fire. Southern Italian specialties, wood-fired pizzas, homemade bread, pastas and seafood. Full cocktail bar. Friendly service always. A must when in town. Voted new times best South County Restaurant. Guiseppe's also delivers direct to your door. Lunch Mon-Fri 11:30 am -3 pm. Dinner Mon-Fri 4:30-10 pm; Fri-Sat until 11 pm.
Italian deli and pizza to go. Free delivery to Five Cities. Sun-Thurs 11:30 am-9 pm. Fri-Sat 11am-10 pm
Pizza, Pasta and modern food. Sun-Thurs 11 am-9 pm. Fri-Saturday 11 am-10 pm.
Authentic Italian cuisine, daily seafood specials, fresh bread, daily homemade raviolis, cannelloni, award-winning cioppino. Lunch Mon-Fri 11:30 am-2 pm. Dinner Sun-Thurs 4-9:30 pm; Fri-Sat until 10 pm.


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Blast Off to Space CaillouSeries Website »
Episode Guide »
Sharing the Rocketship: While shopping for a birthday present for Clementine, Caillou and Leo decide to go 'halvsies' on a toy shuttle. They try to share it, but squabbles inevitably arise. When Caillou worries that Leo isn't talking to him anymore he finally realizes his friendship is more important than any toy. Luckily for Caillou, Leo thinks so too! In the end, the boys decide to 'gift' the toy shuttle to Clementine - who is all too happy to receive it. Educational Objective: The importance of sharing; friendship. Coach Grandpa: Grandpa is coaching Caillou's soccer team, and Caillou really wants to impress his Grandpa. So when the team starts losing, and Caillou begins to bumble on the field, Caillou decides he doesn't want to play anymore. Grandpa explains that win or lose, it's all about having fun. He's proud of Caillou, no matter what. With renewed enthusiasm, Caillou rejoins the team to have fun playing the game. Educational Objective: Having fun at sports is more important than winning. The Safety Helper: Caillou is very proud when Miss Martin makes him "Safety Helper" for the day. He takes his job very seriously, and even prevents Jeffrey from going down the slide head-first. So when the job is passed on to Leo the next day, Caillou feels crushed... until he overhears some students repeating his safety lessons, and realizes they took his message to heart. Educational Objective: Learning that you don't need a badge in order to help others.
CommentsShare your thoughts, questions, and comments on "Caillou" here.
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World number one Serena Williams withstood a sterling effort from 30-year-old wildcard Anabel Medina Garrigues to book her place in the Madrid Open semi-finals with a 6-3, 0-6, 7-5 victory on Friday.
Williams had cruised through to the last eight without so much as dropping a set and she did enough to edge a tight opening set against the World No. 63 with just the one break of serve when Garrgues was serving at 3-4 down.
However, it was the Spaniard who blew Williams away in the second as she charged into the 15-time Grand Slam winner's serve to break three times and was never under any pressure on her own serve as she amazingly took the set 6-0.
Williams appeared to have regained control early in the third as she got off to a 2-0 lead, but Garrigues came soaring back again and broke in successive games to move ahead 4-2.
With victory in sight though, Garrigues faltered as she gifted the break straight back before the next three games went with serve.
And Williams made the final and decisive break when she pounced on a weak second serve to power a backhand down the line and go 6-5 in front before holding to love to set up a semi-final meeting with Sara Errani or Ekaterina Makarova.
Topics : Tennis Roger Federer Mark Knowles Leander Paes Mahesh Bhupathi Rafael Nadal Aisam-Ul-Haq Qureshi Andy Roddick Samantha Stosur Maria Sharapova Ana Ivanovic Novak Djokovic Rohan Bopanna Lukas Dlouhy
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Switzerland holidays
SWITZERLANDInclude flights + 7 nights hotel
SWITZERLANDInclude flights + 7 nights hotel
SWITZERLANDInclude flights + 7 nights hotel
Experience Switzerland
Perched on Lake Geneva in the south-east, Geneva offers lots for tourists to see and do. Its old town and main sights can be explored on foot, including the Cathedral de St-Pierre, the flower clock and the huge Jet d'Eau fountain.
Switzerland's largest city and business hub Zurich is cosmopolitan and loaded with sights. It's not as pretty or well situated as Geneva though its Altstadt (old town) has delightful cobbled streets, churches and fantastic museums. The shopping on Zurich's Bahnhofstrasse is unrivalled.
Lucerne is a beautiful waterfront town on the lake of the same name, between Zurich and Bern. Its main draw is its medieval old town and as a launch point for trips to major ski resorts in the region. Nearby Interlaken is of similar disposition, giving tourists a taste of the stunning Berner Oberland with its typical Swiss scenery of green hills and wildflowers backed by jagged, snowy peaks. The Eiger, Jungfrau and Mönch peaks are world famous, and Grindelwald is a top ski resort.
Sat on the border with Italy is the distinctive Matterhorn, Switzerland's most famous peak, which is worthy of a Swiss holiday on its own. The famous ski-resort Zermatt sits under the peak and is a typical alpine village of chalet restaurants and carriage rides. For stunning photo opportunities, nearby Gornergat has the best views of the mountain.
The small Canton of Appenzell lies to the north and offers plenty of picture postcard, traditional-looking villages. It is a place of painted houses, lush valleys and rolling hills, backed by the likes of the Santis peak.
The Swiss capital Bern is noted for its medieval core of ancient, arcaded streets. It is less of a draw than Zurich or Geneva for tourists, so is quieter, though nonetheless beautiful. Keep an eye out for the centuries-old clock tower.
Along with nearby Klosters and St Moritz in the east, Davos is one of Switzerland's best-known ski resorts. It is suitable for beginners and advanced skiers and is loaded with hotels, restaurants and apres ski delights.
Europe's largest falls, the Rhine Falls, are worth a look for those crossing from Germany. There are well-set platforms and a boat takes intrepid visitors right up to a rock island amid the falls. A children's playground and nearby castles are side attractions.
Switzerland's standout landmarks are its peaks. The 4,478-metre Matterhorn (seen from Zermatt or Gornergrat) is the most impressive while the Eiger and Jungfrau northern walls (viewed from Lauterbrunnen Valley) are also heavily touted.
Impressive in another way is the 14-mile long Aletsch Glacier, Europe's longest glacier and a UNESCO World Heritage site. It is easy to access and is best viewed from Bettmeralp.
Jet d'Eau is somewhat of a symbol of Geneva and one of the world's highest fountains at 460 feet. Located near the city centre, it is beautifully lit at night and, historically, hails from the 1890s. Also near the city of Geneva is Chillon Castle; a striking stronghold on the east shore of Lake Geneva that is noted for its trio of courtyards and views. The vast castle hails from the 11th century and has dungeons and period collections.
The Swiss National Park, Switzerland's only national park, covers much of the east and a variety of terrain. It boasts fantastic hiking along well-marked trails and is suitable for all the family, with its extensive wildlife.
The elliptical mountain chapel of Mario Botta (Mario Botta's Mountain Church) in southern Switzerland is a must for those visiting Lugano. The modern church is a feast for the eyes with its checkerboard design. This Canton is noted as the tropical Alps, where palm trees are under the guise of mountains and glaciers.
The Swiss Transport Museum of Lucerne is one of Switzerland's more quirky museums. It features aircraft, trains, ships and cars, along with unusual forms of travel, and has an IMAX theatre and planetarium.
Most towns and ski resorts have a wide variety of bars and nightclubs, playing music ranging from the latest dance music and club classics to live folk music. Many bars and restaurants also have folk entertainment, while all cities boast theatres and a symphony orchestra.
Zurich is best for a party, featuring numerous trendy bars and clubs. It is quite avant-garde, with the best of entertainment in post-industrial Zurich-West. The city centres of Geneva and Lausanne also have a decent amount of bars and pubs. Bern, the capital, is decidedly staid in comparison, though it has some good clubs and clubs/bars in Matte. Basel is liveliest in the Kleinbasel and Barfuesseplatz areas, from where you can nip across to Mulhouse to enjoy French hospitality.
Those visiting Switzerland in winter for the skiing will find that all the main resorts have party-orientated apres ski. Verbier and Zermatt are particularly fun, Klosters and Davos are decidedly upmarket and will cost you a packet while the service town of Interlaken has a huge number of nightclubs and is always pumping.
Switzerland also has casinos, one of the best being in Lugano in the south, at the Grand Hotel. Away from the traditional nightly entertainment, visitors may prefer to chill out at a spa. Spas are plentiful in all towns and cities, but anyone passing near Interlaken's Victoria-Jungfrau Grand Hotel and Spa might like to check out the renowned spa there.
Much of Swiss nightlife centres on eating at street side or waterside cafes. There are traditional restaurants galore, serving everything from fondue to the tastiest pork, sausages, cheeses and chocolates. Swiss, German, French and Italian foods are most prominent though every town has a fair share of British-style eateries and American burger chains. If you're somehow stuck for local cuisine, look for a tavern (stubli).
Local specialities include dried beef or pork (viande Séchée), pigs trotters (pieds de porc), fried potatoes (rosti) and fondue with vacherin and gruyere cheese. Salami and pork sausages come in many forms, such as knackerli, beinwurst and Landjäger. For dessert, chocolate is always on the menu, and the honey cakes (leckerli) in Bern are a must-try.
For the Swiss, lunch tends to be the main meal, with lighter eating in the evening. Cafes and restaurants typically open until late, with those in Zurich and Geneva often attracting street performers. Aside from restaurants in high-end ski resorts, restaurants in Zurich and Geneva tend to be the most expensive in the country, with a meal at a similar Lucerne or Basel restaurant around 50 per cent cheaper.
Meals can be washed down with locally produced wine, lagers and ales. Kirsch, Marc and Pflümli are favourite liquors, and Henniez is a tasty local mineral water. Service charges are included at all bars, cafes and restaurants though tips are expected at top eateries.
All Swiss cities have an element of coolness and are inherently safe, save the odd dimly-lit area of Zurich. Geneva, Lucerne, Zurich, Berne, Lausanne, Interlaken, Lugano and even Basel all have something special to offer. Geneva, Lucerne and Interlaken are especially enchanting for Switzerland holidays.
It can be romantic wherever you go though the Alps hold special appeal for lovers. With its setting high over a valley in the Bernese Oberland, and having only a few chalets, Mürren is one of the top spots. Other locations include the Franco-centric, unpretentious resort of Verbier and the beautiful and not overly expensive Arosa. Alternatively, book a room in Zermatt overlooking the Matterhorn, take a ride on the Glacier Express or indulge in a spa treatment.
Many ski resorts have slopes and activities available for children, including the Skihäsliland at Bidmi. Cable car rides are ubiquitous and fun, especially the Little Matterhorn (Zermatt), Europe's highest, and the revolving cable car at Engelberg. Scenic trains are equally appealing, in particular the St Moritz-Zermatt Glacier Express, while all main towns are near or on a lake. Consider a paddle steamer cruise on Lake Lucerne.
Adventure is all around. The skiing and hiking is some of the best and most accessible in the world. Along with skiing are deep-snow skiing, heli-skiing, ice climbing and glacier walking. Top ski areas are Davos, Klosters, St Moritz, Verbier, Zermatt and Portes du Soleil, while keen hikers could try the seven-day Altdorf-Adelboden Alpina Green Trail in summer. Good roads, well-marked trails and networks of cycle paths in the cities draw cyclists, while the Rhine and Saane rivers attract white-water enthusiasts.
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Need to know
Swiss is not a language. What you will hear here is a combination of languages of the countries that surround Switzerland. That is, German, French and Italian. Language in Switzerland is regional, with French speakers in the west, Italian speakers in the south and German speakers in central, northern and eastern areas. English is widely spoken and many locals speak all four languages.
The Swiss franc is the local currency (Switzerland is not part of the EU), though Euros are accepted in shops, restaurants, hotels and train stations nationwide. If you pay in Euros, the change could come back in Swiss francs. Money can be exchanged at banks, street changers, train stations and hotels. ATMs accept foreign cards though not all businesses take credit cards. Switzerland is more cash-oriented than many of its neighbours.
Visitors from the UK and most of the rest of Europe, as well as from the USA, Canada and Australia don't need visas for stays of up to three months. These visitors must have passports which are valid for their stay, while other visitors, such as those from South Africa, must have at least three months' validity from their exit date.
Switzerland has two climates; it is temperate in the north and generally alpine in the south. It is seasonal, with spring from March to May being sunny and quiet, summer from June to September being warm and busy, autumn from October to November being nice early on and winter from December to February/March the ski season. Summers are generally mild and humid with light rain while winters are cold, cloudy and snowy. Average summer city temperature highs are around 28°C.
Zurich Airport is the main gateway, receiving flights from around the world, including from London and other UK cities. Geneva also receives good connections, along with the Franco/Swiss EuroAirport Basel-Mulhouse. Bern has a small international airport with flights from London and Paris among those from other EU centres, though many travellers fly to Zurich and then take a train to the capital.
Swiss International Airlines (SWISS) is the leading carrier, with regular flights from London to Zurich, Geneva and Basel. Swiss also serves Manchester and Birmingham. British Airways flies from London-Heathrow and London-Gatwick to Zurich and Geneva, while budget carrier easyJet also serves these two cities from UK centres. Flight time from London to Zurich is 1 hour.
Both summer and winter are high seasons in Switzerland while cheaper flights can typically be had in the spring and autumn shoulder seasons. easyJet has well-priced flights from London-Luton to Zurich while discounted tickets can often be sourced through travel agents. It is usually cheaper to fly to Basel or Geneva than Zurich due to higher operating costs at the latter. Zurich and Geneva airports both have rail connections and all airports are connected by shuttle buses and taxis.
Travelling by train is popular, with the Eurostar offering a fast connection from London to Paris (via the Channel Tunnel), from where services run to Switzerland. Eurolines coaches serve Geneva, Basel, Zurich, Bern and other cities, with a journey time from London of 18 hours. Numerous car ferries cross the English Channel, making driving to Switzerland from the UK possible.
Train is the preferred way to travel in this mountainous country and Switzerland's rail network is the envy of the world. Services are frequent, punctual and well-priced. Domestic air travel is expensive and useful for business travellers short on time, but not essential since the roads and rail services are good. City public transport is extensive.
The roads are generally excellent and driving in the mountains can be a real pleasure. It can be heavy going in winter on certain routes, however, and winter tyres and snow chains are a must. Car hire is available through major European firms and vehicles can be collected at all airports, main train stations and from hotels. Traffic drives on the right.
Schweizerische Bundesbahnen (SBB) covers all main cities and there are also regional operators, such as the Berner-Oberland-Bahn and the Gornergrat-Bahn mountain train. Trains are electric, comfy and have excellent facilities. Main routes go at least hourly and trip time from Zurich to Geneva is 2 hours, 43 minutes. The Swiss Pass covers rail travel on all services.
Zurich Airport is the central hub. Other airports are Geneva (south-west), Basel/Mulhouse (north-west), Bern (centre/west) and Lugano (south). The main operator is Swiss, along with Darwin Airlines and FlyBaboo. Flight time from Zurich to Geneva is 45 minutes. It is expensive to fly domestically.
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- The notorious north face of the Eiger was first climbed in 1938 and has claimed many lives. A safer way to explore the Eiger is to take the train to Jungfraujoch, Europe's highest railway station at 3,454m.
- Switzerland is officially called the Swiss Confederation. In Latin that translates as Confoederatio Helvetica, hence the abbreviation of CH.
- Switzerland has a reputation for design ' Corbusier, one of the 20th century's most influential architects, was born here.
- The notorious north face of the Eiger was first climbed in 1938 and has claimed many lives. A safer way to explore the Eiger is to take the train to Jungfraujoch, Europe's highest railway station at 3,454m.
- Switzerland is officially called the Swiss Confederation. In Latin that translates as Confoederatio Helvetica, hence the abbreviation of CH.
- Switzerland has a reputation for design ' Corbusier, one of the 20th century's most influential architects, was born here.