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February 9, 2011 (Chinavestor) The interest rate hike in China on Tuesday sent shares tumbling in Hong Kong and Shanghai. Investors fear that monetary tightening will slow down growth while additional curbs on lending will hurt the real estate sector even more. The Hang Seng Index (INDEXHANGSENG:.HSI) dived 320.3 points or 1.4% while the Shanghai Composite Index (SHA:000001) fell 25.8 points or 0.9%.
Hong Kong listed H-shares of Sinopec Shanghai Petrochemical (NYSE:SHI) fell the most among 42 members of the Hang Seng Index (INDEXHANGSENG:.HSI). China Petroleum & Chemical Corp. (NYSE:SNP), known as Sinopec, followed its polymer unit very closely. Chinese airliners fell hard as well. China Southern Airlines (HKG:1055) (NYSE:ZNH) tumbled 4.0% while Air China (HKG:0753), China's flagship carrier, dived 4.6%. China Eastern Airlines (HKG:0670) (NYSE:CEA), the second largest carrier in China, fell 2.57%.
NYSE listed Chinese ETFs are going to fell the pinch, most likely. Most large cap stocks fell in Asia this morning, boding ill for the iShares FTSE/Xinhua China 25 Index (NYSE:FXI). Guggenheim China Small Cap ETF (NYSE:HAO) and the PowerShares Golden Dragon Halter USX China (NYSE:PGJ) is going to follow overall market sentiment, if Asia is a guide for ETF trading.
The sell-off was universal in both key Asian markets. Stocks that fell outnumbered those that advanced ten to one among the fifty largest components of the Shanghai Composite Index (SHA:000001). Resource and metal stocks, those that are used in construction, fell the hardest on the Mainland. Jiangxi Copper (SHA:600362), the largest producer of the metal in China, fell 4.1% followed closely by Jinduicheng Molybdene (SHA:601958) and Aluminium Corp. of China (SHA:601600). Poly Real Estate (SHA:600048), the largest property stock among components of the Shanghai Composite Index (SHA:000001), fell 3.4%.
Looking at components of key Chinese ETFS in Asia on Wednesday morning, outlook is bleakest for large cap stocks. All but two components of the 25 member iShares FTSE/Xinhua China 25 Index (NYSE:FXI) fell on Wednesday in Asia, led by integrated oil companies and airliners.Sinopec (NYSE:SNP), Asia's largest refiner, fell hard followed closely by Petrochina Co. Ltd. (NYSE:PTR), China's largest oil producer. Most components of the Guggenheim China Small Cap ETF (NYSE:HAO) fell and it is unlikely that the PowerShares Golden Dragon Halter USX China (NYSE:PGJ)is going to escape a broad sell-off.


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Kuchbee is a FREE online classified platform, a place where people can connect with each other to sell or buy products/ goods and services. Launched very recently with the vision of FACILITATING sellers to "Publish/Post an advertisement online and fulfill the need" we are a young company with the mission of "Selling simplified for users". Kuchbee operates from 1000+ cities in India and the site is accessed from all corners of the globe. We have listed more than 18 categories and 161+ Sub-categories in our portfolio with an aim to facilitate the online posting/selling mechanism. All posts are moderated and we only allow users with verified phone number to post ads,to help protect our users.Ads with photos get higher visibility. Get alerts on your favourite categories and responses to your posts in realtime.Chat with prospective buyers/sellers using our inbult chat. And did we mention that its 100% free?Never have your ad demoted in the listings due to a paid ad.
Downloads: 1+Report app for spam or abuse!
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Photo montages will make your photos look amazing, different and unique.
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KeralaBeverages Pricelist and Store Locator. (India) This is app is in Malayalam Language.

subset: commoncrawl


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N. prodotti: 0
Totale ordine: € 0,00
FASCICOLI E ARTICOLI I PIÙ LETTI eTOC
Indexed/Abstracted in: Chemical Abstracts, CINAHL, Current Contents/Clinical Medicine, EMBASE, PubMed/MEDLINE, Science Citation Index Expanded (SciSearch), Scopus
Impact Factor 1,111
Original articles
Groslambert A. 1, 2, Grappe F. 1, 2, Bertucci W. 1, 2, Perrey S. 1, 3, Girard A. J. 1, 2, Rouillon J. D. 1
1 Laboratory of Sports Sciences, Besançon, France
2 Laboratory of Applied Mechanics, Besançon, France
3 Laboratory of Health Sports Performance, Montpellier, France
Aim. The aim of the study was to test the ability to estimate the power output (PO) and heart rate (HR) associated with "anaerobic threshold" levels for triathletes by means of a 30-min perceptive individual time trial (PITT30).
Methods. Thirteen triathletes (8 males and 5 females) performed an incremental exercise test to estimate maximal parameters such as oxygen uptake, power output and heart rate. From this incremental exercise test, the individual anaerobic threshold (IAT) and ventilatory threshold (VT) for all subjects were estimated. Then, the subjects completed a PITT30 at self-selected work intensity on a stationary ergometer equipped with the SRM Training System. Mean values of PO, HR, and pedalling cadence were recorded continuously between the 5th and the 30th min of the test.
Results. Significant correlations were observed between the mean PO recorded during PITT30 and PO measured at IAT (r=0.88; p<0.0001) and at VT (r=0.89; p<0.0001). Furthermore, bias and limits of agreement confirm the degree of association between the 3 methods. However, PITT30 over-estimated HR values compared to the values obtained at IAT and VT.
Conclusion. It was concluded that, for triathletes, mean PO measured with PITT30 allows a partial valid estimation of PO associated with 2 known methods of "anaerobic threshold" determination. The application of PITT30 may offer a useful tool for athletes and coaches to estimate the "anaerobic threshold" in order to control accurately the training effects.
lingua: Inglese


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Prices, promotions, styles, and availability may vary. Our local stores do not honor online pricing. Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and Lowe's reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted.
Allied Brass Dottingham Polished Chrome Brass Soap Dish
Item # 424845 Model # DT-32-PC
Shown in antique pewter; actual is polished chrome
Product Information
- Beaded detailing travels twice around elegant Dottingham accessories, adding a subtle textural element to your bath
- Solid brass construction
- With glass liner
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Top Linksmain detailsbiographyby votesphoto galleryquotes
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Marty Maraschino (Character)
from Grease (1978)
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Archive Footage:
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Join the Greater Lansing AmeriCorps Network for a kick off event on November 21 for an evening of mixing and mingling. The event will take place at Edmund's Pastime from 4:30 p.m. - 7 p.m. Edmund's has great happy hour specials including drink specials and half off appetizers. We also will have door prizes, and you'll have the opportunity to meet great, AmeriCorps-minded people from the greater Lansing area!
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Kristen Stewart is one of the most in-demand starlets in Hollywood, however, she's most comfortable dressed down in jeans and a t-shirt. The 'Twilight' actress is so laid back she's staying in a tiny bed and breakfast in the outskirts of London, where she has to share a bathroom, while shooting 'Snow White.' And we're told she's being totally cool about it!
If there's one thing Kristen Stewart has down to a tee, it's the classic jeans and t-shirt outfit! The 21-year-old Twilight actress is most comfortable when she's rocking her casual sneakers and messy hair…but that doesn't mean she can't clean up with the rest of glamorous Hollywood! When it's time to don a gown, Kristen's slender frame looks fabulous on the red carpet in heels and designer dresses. Click through these photos and vote on which look you prefer on K-Stew: casual and cute or red carpet classy!
Kristen Stewart may be known for her penchant for jeans and sneakers, but when she gets done up for the red carpet or a magazine spread she handles it like a pro, just like she did in both Vogue and W magazines. While she graced the cover of both high-fashion mags, her looks couldn't have been any more different!
For her Vogue spread, the magazine embraced K-Stew's effortless sense of style by sticking to super simple hair and makeup that really enhanced her natural beauty and the edgy Proenza Schooler clothing she wore in the shoot — but in W her look was totally different!
It isn't odd to see stars channel old Hollywood glamour, but seeing Kristen with voluminous hair, a cat eye, and full lips was something so new. Kristen never gets that done up, nor does she ever show off a glammed up sexy side — although the looks works SO well on her!
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Wednesday 07th December 2016,
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Kayden and Colby love to share a great oral sex session, but with these horny boys you know a shoot isn't going to be all about those cocks. They're getting their gorgeous feet out first, playing with each other as they lick soles and suck toes, the gorgeous boys taking turns to explore each other. As they strip their dicks are out and hard too, soon being sucked, and soon being wanked between naked boy feet! With plenty of foot jerking fun between them the two handsome young teens make a delicious mess of juice, which of course they have to taste!
April 8, 2016
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Kayden Daniels pitches a tent and then blasts a load in his tight white Calvins.
March 22, 2016
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Kayden Pool Play
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Smooth blond twink Kayden Daniels gets down to his sexy red briefs and strokes his super thick pecker on a raft in the pool until he unloads a massive load of twink jizz!
December 29, 2015
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November 24, 2015
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Ayden and Kayden fire up their Marlboro lights and get down to business! They swap smoke, swap blowjobs, and then Kayden gets deep dicked by chainsmoking Ayden! After Ayden busts his load on Ayden's ass, he licks it up! Then Ayden gets a facial! Almost a full pack of smokes!
October 21, 2015
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Toe Sucking Cock Strokers!
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Ryan and Kayden get so worked up stripping each others feet and sharing their sexy toes in a mutual sucking and licking that their hard twink cocks are soon out and being stroked. Of course, they have to get a taste, switching back and forth between hard cock and naked toes as they get their jizz shots out!
October 1, 2015
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Kayden Daniels isn't just one totally adorable twink, he also loves the taste of Kelly Cooper's piss and that makes him ripe for the picking at Boys-Pissing. Kelly Cooper is any boy's jock, evoking a dominant personality that any twink like Kayden will bow down to. And he does here, too, getting on his knees to take Kelly's piss before sucking his big schlong!
August 6, 2015
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Undietwinks favorites Ayden, Kayden and Shane get into a hot and heavy wet undie romp in the pool! One of our best vids yet! They swap blowjobs, then Kayden rims the two and finally fucks Shane with his extra thick pecker!
July 14, 2015
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Smooth and sexy Kayden kicks back with some porn for a good long stroke session, and before you know it his fingers are exploring his willing hole while his hand slides along his throbbing inches. His pleasure is increasing until he can't take any more and the spooge starts to spew from his helmet, all over his sexy face!
May 28, 2015
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Turk can't get enough spooge, thankfully his friends Jacob and Kayden have a lot to share with him in this threesome shoot! The boys are all quickly groping each others big boners as they get down to business, with Turk easing his pucker down on each condom-covered bone and riding both his friends to get them filling their rubbers for him. Once they've both spewed their semen he lays back to receive his rewards, as the boys empty their cream out into his mouth! That's all he need to be jerking out his own, and of course his friends want a taste!
April 14, 2015
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Total Time
1hr 20mins
Prep 20 mins
Cook 1 hr
Wonderful and moist Danish cake. It can be made with any summer fruit.
Ingredients Nutrition
- 180 g granulated sugar
- 1 teaspoon almond extract
- 1 teaspoon vanilla
- 45 g walnut oil
- 1 cup fat free Greek yogurt
- 3 eggs
- 110 g flour
- 35 g oat flour
- 1 teaspoon baking powder
- 500 g strawberries
- 2 tablespoons sugar
- Cream the sugar, almond extract, vanilla, yogurt and oil until smooth. The beat in one egg at a time until batter is light and fluffy. Fold in flour mixed with baking powder. Pour in greased 9" spring form and drop the strawberries on top. Gently press the strawberries down so almost covered by dough. Sprinkle with sugar and bake for 60 min at 320F Convection or until a toothpick comes out clean. Can be served hot or cold.


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MythBusters live show coming to Milwaukee Theatre
When an urban legend needs proof, who you gonna call? The MythBusters of course.
And now the MythBusters-specifically stars Jamie Hyneman and Adam Savage of Discovery Channel's popular, unorthodox scientific theory show--have answered the demand for a live stage show. »Read Full Article


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How Is Weight Loss And Cholesterol Control Connected?
As you may know, being overweight puts you at higher risk for heart disease, meaning that if you are obese or 20% overweight, then you are putting yourself at great risk for a heart attack or stroke. With the food and exercise options available to us today, there is simply no reason why you can't get back in shape, but how will this affect your cholesterol levels? Let's talk a little bit about how the two are related and what you can do to solve both problems.
First of all, although those that are overweight are typically the same people that have high cholesterol, that doesn't mean that they are related. However, you can usually trace these problems back to a lifestyle choice in diet or nutrition. When you are overweight, your body is already overtaxing your heart, which means you may have high blood pressure too. When you compound the problem by eating poorly and not getting any exercise, then you tax your heart doubly, which means that you are quickening yourself on the path to serious heart problems.
Solving heart disease requires a mult-faceted approach of proper diet, exercise, and stress relief. You need to lower your blood pressure too, as high blood pressure can also cause many health problems on its own. Luckily, you can usually knock all of these problems out with the same cure, and I am not talking about medication.
If you simply adopt a weekly exercise routine, using weights and cardio (like running, swimming, or biking), then you are halfway to solving all three of your problems. The next step is to start cleaning up your diet and eating better. Most people know what foods are healthy, but they make a dediciated effort to ignore the truth. Start cutting out on the bad foods and increasing the good foods.
Also, adopt a form of stress relief, such as meditation, that helps you operate from a balanced persepective throughout the day. If our mind is strong, then it is much easier to avoid skipping a workout or eating something bad when we know we shouldn't. Using a positive stress relief exercise will make a huge difference, whether you realize it or not.
Lastly, try to take a look back and see what lifestyle choices put you in the position you are in today. Don't blame it on genetics or bad luck, instead simply acknowledge that you've made some poor choices and learn how you can correct them. Sticking your head in the sand will not help you lose weight and lower your cholesterol, so get the facts and start taking action. There is no reason to die young of a heart attack or stroke, you have a variety of ways that you can improve your health both now and in the future. If you don't get any better, make sure you check with your doctor to find out what else may be going on. If necessary, he or she will provide you with medication to improve what you are already doing.


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Prateek Pandey|August 20, 2016 |Android, Mobile Apps, Games, Mobile Games, Mobile, App review
"This week's selection includes Science Journal, Mr Robot and much more"
Customisation and personalisation are the two biggest strengths of Android which make it a very flexible OS. Every user can have have their own unique set of apps and layouts on Android. However, finding something which is unique to you can be a cumbersome process given that the Google Play Store has a huge library of apps which is updated every second. To spare you from hours of app-hunting, every week we present you with some of the apps and games that caught our eye on the Play Store.
Starting the list of with an app from the maker of Android itself, Duo is a new entrant in the video calling category. Duo aims to offer video calling in a simpler and faster way. The app will let users video call anyone in their contacts, provided they have the app, and adjusts the quality of audio and video based on connection speed. Duo also comes with a bunch of nifty features like Knock Knock, which gives users a live preview of the caller.
Movesum is another step tracker but with a twist – instead of travelling faster, the app aims at moving further. The app has an elegant UI which will help you find the motivation to exercise. The app lets you figure out the amount of exercise required to burn different types of food you consume such as a burger or fries or even beer. Use the app's smart notifications to reach your designated goal and enjoy a healthier lifestyle.
This next app will appease your scientific side converting your smartphone into a full-fledged experimental tool which you can use to conduct various experiments. Users can either connect external sensors to the phone or they can use the sensors present in their devices like the accelerometer to obtain data, make predictions and explore their results. Users can refer to the Making & Science website for ideas to get the most out of the app. If you have a knack for experimenting, Science Journal needs to be in your app drawer.
With Android 7.0 Nougat just around the corner, users will be acquainted with a host of new features very soon. If you can't wait for the latest version of Android to hit your devices and still want to try some of its features, quickReply is just the app you need. The app mimics 'replying from notification bar' functionality found on Android 7.0, letting you reply to messages without actually opening the app. Users can also create chatheads for various apps like Facebook, WhatsApp and Telegram and mark their messages as read.
The game extends the narrative experience of the award-winning TV series, allowing players to become personally intertwined with the characters of the underground hacker group, fsociety. In a Telltale fashion, players need to communicate with the characters from the series in real-time which will decide how the story within the game flows. The game features a huge narrative with every choice leading to a different outcome. The game is paid, however there aren't any further in app purchases post the initial cost and you can play the game offline as well.
Not Golf is a game about golf but with a slight twist – the levels are quirky, there are no holes and unlike actual golf, the game is fast-paced. The game features over 81 levels set across nine different courses with more to be added in subsequent updates. Players can unlock customisable themes and prove their prowess in the global leaderboards and unlock Google Play achievements as well. The game doesn't require an internet connection and is completely free with optional video ads in between.
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January 31, 2012
UNITED STATES OF AMERICA, PLAINTIFF,v.IRVING COHEN, THE WINDSOR ORGANIZATION, INC., AND 3-B STORES, INC., DEFENDANTS.
Tuesday, 31 January, 2012 10:31:27 AM
Clerk, U.S. District Court, ILCD
The Court now considers the Plaintiff's Motion in Limine to Exclude the Expert Testimony of Herman Schwartzman and the Plaintiff's Motion in Limine to Exclude the Testimony of Markus Kolzoff.
The Motion as to Schwartzman is Allowed in part. The Motion as to Kolzoff is Allowed in toto. Here's why.
I. Motion to Exclude Expert Testimony of Herman Schwartzman
Plaintiff United States of America has filed a motion in limine to exclude the expert testimony of Herman Schwartzman. Rule 702 of the Federal Rules of Evidence provides:
If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.
Fed. R. Evid. 702. Testimony which interprets the law is subject to exclusion. See United States v. Lupton, 620 F.3d 790, 799 (7th Cir. 2010). "[T]he meaning of statutes, regulations, and contract terms is 'a subject for the court, not for testimonial experts. The only legal expert in a federal courtroom is the judge.'" Id. at 799-800 (quoting United States v. Caputo, 517 F.3d 935, 942 (7th Cir. 2008)).
The Plaintiff contends that the Court should exclude Mr. Schwartzman's purported testimony pertaining to New York trust law because it interprets New York law about the validity of trusts and the powers and duties of trustees, without reference to any facts. Moreover, his proposed testimony construes the legal significance of documents. The Plaintiff contends that because construing the trust and sales agreements for their legal effect is the province of the Court, Schwartzman's proposed expert testimony should be barred.
Specifically, the Plaintiff asserts that Schwartzman's opinions expressed in Parts I.A and I.B of his Rule 26(a)(2)(B) Report should be excluded, including (1) the validity of the Hal S. Cohen No. 2 Trust, Laurence S. Cohen No. 2 Trust and Jennifer P. Cohen No. 2 Trust ("Cohen No. 2 Trusts"); (2) the powers and authority granted to the trustees of the Cohen No. 2 Trusts and the Lillian Rosen Trusts; (3) the extent of the economic benefit Defendant Irving Cohen received from the Cohen No. 2 Trusts; (4) the legal implications of a 1983 agreement between the Cohen No. 2 Trusts and the Lillian Rosen Trusts; and (5) the powers and duties given to the trustee of the Lillian Rosen Trusts and the propriety of the trustee's actions.
Relying in part on Marx & Co., Inc. v. Diners' Club Inc., 550 F.2d 505 (2d Cir. 1977), Defendant Windsor Organization, Inc. states that while an attorney cannot testify as to the legal significance of a document, an attorney with relevant experience may testify as to the ordinary and customary practices of a trade or business. See id. at 509 ("Testimony concerning the ordinary practices of those engaged in the securities business is admissible under the same theory as testimony concerning the ordinary practices of physicians or concerning other trade customs.").
Windsor claims that Schwartzman's expert opinion is based upon his "experience and knowledge of trusts" and should not be excluded. Windsor claims that his review of the documents should not be excluded because he is qualified to determine that based on his knowledge of New York trust law and experience in the administration of trusts created under New York law, the powers given to the trustees of the Cohen No. 2 Trusts were "common powers and limitations given to trustees under New York law." Moreover, Windsor states that Mr. Schwartzman was appointed Co-Trustee of the Cohen No. 2 Trusts on May 28, 1982, and has personal knowledge of the powers and authorities of the trustee(s) of the Cohen No. 2 Trusts, based upon his review of the trust documents and his experience and knowledge of the trusts and trust law.
Additionally, Windsor claims that Mr. Schwartzman will testify that the powers given to the trustee of the Lillian Rosen Trust for the benefit of Hal S. Cohen, Lillian Rosen Trust for the benefit of Laurence S. Cohen, and the Lillian Rosen Trust for the benefit of Jennifer P. Cohen ("Lillian Rosen Trusts") were "broad powers commonly given to trustees." Schwartzman further opines that it was reasonable for the trustee given such common powers to take action to preserve Property owned by the Lillian Rosen Trusts. Windsor further contends that his knowledge of the authority and power granted to the trustee of the Lillian Rosen Trusts as set forth in the agreement drafted by him will assist the Court in understanding the evidence and to determine the facts at issue.
Windsor alleges that the Expert Report sets forth facts which are drawn from the trust documents and does not interpret the documents.
Paragraph 1(A) sets forth facts providing that the Cohen No. 2 Trusts were funded with $3,000 transferred to the trustee, Stanley Levine. Levine was then discharged as Trustee and Marvin Rosenbaum and Schwartzman were appointed as Successor Co-Trustees of the Cohen No. 2 Trusts. Windsor claims that this merely sets forth the facts based on Schwartman's personal knowledge and the history of the trusts as set forth in the trust documents. It further asserts that his opinion relates to the powers commonly given to trustees under New York trust law. Windsor alleges that such testimony is allowed under Rule 702 because Schwartzman is testifying as to the common practices and powers of trustees based on his experience and knowledge of New York trust administration which has been accumulated in the course of a 55-year legal career. Windsor claims the opinion will assist the Court to understand the evidence and to determine the facts at issue.
Additionally, Windsor asserts that Paragraph 1(B) of the Expert Report does not interpret the provisions of the Trust Agreement. It merely sets forth the powers granted to the trustee of the Lillian Rosen Trusts.
Windsor contends that Schwartzman opines that based on his experience, those powers were common broad powers given to trustees of trusts created pursuant to New York law. Windsor claims the opinion will be of assistance to the Court.
It is difficult to describe Schwartzman's Rule 26 Report as doing anything other than interpreting New York trust law. It begins by setting out general principles of New York trust law and includes citations to the New York Estates, Powers and Trust Law and applicable case law. The Report then discusses the Cohen No. 2 Trusts and the Lillian Rosen Trusts. Schwartman then gives an opinion of the validity of the trusts. He states that the opinion as to the Cohen No. 2 Trusts is based on the terms of the Trust Agreement, his experience and knowledge of New York trust law, and his review of the relevant documents and exhibits. Schwartzman's opinion as to the Lillian Rosen Trusts is also based on his knowledge as draftsman of those Trust Agreements.
Although Windsor claims that Schwartman's opinion is based upon his "experience and knowledge of trusts" and he is testifying as to the common and ordinary practices and powers of trustees, it is apparent that he is applying principles of New York trust law to the specific trusts at issue in this case. Although Schwartzman no doubt has extensive knowledge of the common and ordinary practices of trustees, many of the opinions in his Report purport to interpret the legal significance of documents which are relevant to this case. Such testimony is subject to exclusion. Like the attorney who "gave his opinion as to the legal standards which he believed to be derived from the contract and which should have governed [Defendant's] conduct," see Marx & Co., 550 F.2dat 509, the proposed testimony here does not simply discuss common industry practices. The testimony which interprets the law must be excluded.
The testimony which shall be excluded includes the following: (1) the validity of the Cohen No. 2 Trusts; (2) the powers and authority granted the trustees of the Cohen No. 2 Trusts and the Lillian Rosen Trusts; (3) the extent of the economic benefit Irving Cohen received from the Cohen No. 2 Trusts; (4) the legal implications of a 1983 agreement between the Cohen No. 2 Trusts and the Lillian Rosen Trusts; and (5) the powers and duties given to the trustee of the Lillian Rosen Trusts and the propriety of the trustee's actions. The motion in limine will be allowed to that extent. The propriety of any other purported expert testimony will be considered at trial.
Obviously, based on his role in drafting the Lillian Rosen Trust Agreements and status as Successor Co-Trustee of the Cohen No. 2 Trusts, Schwartzman may testify as a percipient fact witness.
II. Motion to Exclude Markus Kolzoff's Testimony
The Plaintiff has filed a motion in limine to exclude Markus Kolzoff's testimony made at a hearing in Liechtenstein on December 17, 2010.
The Plaintiff asserts that Windsor holds the Springfield property as Irving Cohen's nominee or alter ego. Defendants Windsor and Cohen assert that Windsor is wholly-owned by a British Virgin Islands Corporation, TI&M Services, LTD. The Plaintiff states that Cohen claims that, after Windsor Income Properties defaulted on its mortgage, Cohen negotiated a deal to save the Springfield property with TI&M through its representative, Markus Kolzoff, a Liechtenstein citizen and member of TI&M's Board of Directors. Cohen alleges that Kolzoff agreed to provide funding for improvements to the property in exchange for ownership interest. The Plaintiff notes that Cohen claims that he had four meetings with Kolzoff in Liechtenstein, and that they are the only two people with knowledge of the purported transaction between Windsor and TI&M. Consequently, Kolzoff was identified as an important witness in this case. However, he refused to sit voluntarily for a deposition.
On October 14, 2010, the Court issued a Letter of Request asking Liechtenstein to compel Kolzoff's appearance to give testimony and produce documents related to this action. In the resulting hearing before the Principality of Liechtenstein's Princely Court of Justice, Kolzoff refused to be deposed and refused to produce any documents. The letter from Dr. Josef Fussenegger, Regional Judge, states in part:
The witness Dr. Markus Kolzoff relied upon his right to refuse to testify, as he is permitted to do, in connection with his confidentiality duty as attorney and trustee. With respect to the request for production of documents, reference is made to the remarks of the witness Dr. Markus Kolzoff in the minutes dated 17 Dec. 2010.
According to the Plaintiff, Kolzoff offered limited testimony that was unresponsive to the Letter of Request. Consequently, the Plaintiff requests that the testimony be stricken.
The Court has reviewed the 39 previously approved questions which were propounded by the Plaintiff [d/e 93], in addition to Kolzoff's testimony. A review of Kolzoff's testimony shows that it addressed very few of those questions. The Plaintiff contends that the testimony must be excluded under Rule 804(b). Rule 804(b)(1) provides the following testimony is not excluded by the hearsay rule if the declarant is unavailable:
Testimony given as a witness at another hearing of the same or a different proceeding, or in a deposition taken in compliance with the law in the course of the same or another proceeding, if the party against whom the testimony is now offered, or, in a civil action or proceeding, a predecessor in interest had an opportunity and similar motive to develop the testimony by direct, cross, or redirect examination.
Fed. R. Evid. 804(b)(1). In support of its motion, the Plaintiff claims that no party had an opportunity to develop Kolzoff's testimony. The presiding judge did not ask any of the approved 39 questions. In fact, he asked no questions. Rather, the Plaintiff states that Kolzoff simply refused to answer any questions and attempted to incorporate by reference a prior declaration made on March 15, 2010. Therefore, the Plaintiff claims that the testimony is inadmissible under Rule 804(b).
Windsor claims that "Plaintiff had opportunity and motive to develop the questions propounded to the Furstliche Landgericht which were directed to Kolzoff." (emphasis added). While the Plaintiff did have an opportunity to develop the questions, the rule requires that it be able to develop the "testimony by direct, cross, or redirect examination." Fed. R. Evid. 804(b)(1) (emphasis added). Because of the witness's refusal to answer, no party was able to develop his testimony by these methods.
Windsor's reliance on United States v. Salim, 855 F.2d 944 (2d Cir. 1988) is misplaced. In Salim, the attorneys were present in France for the deposition. See id. at 947. It appears that the witness answered most, if not virtually all, of the questions that were submitted to the French magistrate by the parties. See id. at 947-48. The parties were able to provide follow-up questions to be asked. See id. After a one week continuance, the deposition resumed. See id. at 948. The American participants returned to France and another round of questioning occurred. See id. Unlike in this case, both parties in Salim had an opportunity to develop the witness's testimony.
Accordingly, Kolzoff's limited testimony does not meet the Rule 804(b)(1) standard for unavailable witnesses.
The Plaintiff also contends that Kolzoff's testimony fails to meet the requirements for the residual exception to the hearsay rule. Rule 807(a) provides:
Under the following circumstances, a hearsay statement is not excluded by the rule against hearsay even if the statement is not specifically covered by Rule 803 or 804:
(1) the statement has equivalent circumstantial guarantees of trustworthiness;
(2) it is offered as evidence of a material fact;
(3) it is more probative on the point for which it is offered than any other evidence that the proponent can obtain through reasonable efforts; and
(4) admitting it will serve the purposes of these rules and the interests of justice.
Fed. R. Evid. 807(a). In considering a previous version of the residual exception, the Seventh Circuit noted that courts have been directed to narrowly construe the exception to the hearsay rule. See Keri v. Board of Trustees of Purdue University, 458 F.3d 620, 631 (7th Cir. 2006). The most important factor is that the statement is "trustworthy." See id.
In assessing the trustworthiness of hearsay testimony, courts should consider the following information: the character of the witness for truthfulness and honesty, and the availability of evidence on the issue; whether the testimony was given voluntarily, under oath, subject to cross-examination and a penalty for perjury; the witness' relationship with both the defendant and the government and his motivation to [give the statement in question]; the extent to which the witness' testimony reflects his personal knowledge; whether the witness ever recanted his testimony; the existence of corroborating evidence; and, the reasons for the witness' unavailability.
United States v. Doerr, 886 F.2d 944, 955-56 (7th Cir. 1989). "This list of factors is neither exhaustive nor absolute, and each case must be analyzed on its own facts." Id. at 956.
Applying these factors, the Plaintiff alleges there is no available evidence as to Kolzoff's character. Moreover, although he gave his testimony under oath, Kolzoff did not submit to the Plaintiffs' laws which punish perjury. The Plaintiff points out that, if Kolzoff had complied with the Court's request to produce documents, his written declaration would have been "under penalty of perjury under the laws of the United States." See 28 U.S.C. § 1746(1). Moreover, Kolzoff was not subject to any examination, let alone rigorous cross-examination. The Plaintiff compares Kolzoff's testimony to grand jury testimony, which provides little, if any, circumstantial evidence of trustworthiness. See United States v. Snyder, 872 F.2d 1351, 1355 (7th Cir. 1989).
Windsor claims that Kolzoff's testimony is admissible under the residual exception to the hearsay rule. It asserts that the statements made by Kolzoff in answer to the Plaintiff's interrogatories propounded through the Furstliche Landgericht are offered as evidence of a material fact and are more probative on the point for which it is offered than any other evidence which Windsor can procure through reasonable efforts. Moreover, the general purposes of the Federal Rules of Evidence and the interests of justice will be served by the admission of the testimony into evidence. Windsor disputes the Plaintiff's comparison of Kolzoff's testimony to grand jury testimony. Kolzoff's testimony was obtained at the request of the Plaintiff through procedures prescribed by the Federal Rules of Civil Procedure and the Hague Convention. Kolzoff has the right to assert objections allowed under the applicable law.
Windsor further claims that Plaintiff has cited no law which requires that a third party foreign national submit itself to the jurisdiction of the United States court system. Moreover, the Federal Rules of Civil Procedure and the Hague Convention proscribe certain procedures by which the judicial authorities of contracting states may request evidence in another contracting state. See Societe Nationale Industrielle Aerospatiale v. United States District Court for the Southern District of Iowa, 482 U.S. 522, 524 (1987). The accession of a country to the Hague Convention does not compel any contracting state to change its evidence-gathering procedures. See id. at 534. Windsor contends that a foreign judicial system, while different than the American system, "is neither less impartial nor less interested in obtaining accurate testimony from witnesses." See Salim, 855 F.2d at 952.*fn1
Windsor claims that Kolzoff's testimony, in direct answer to the questions propounded by the Plaintiff, was made under oath pursuant to Article 31 of the Liechtenstein Code of Civil Procedure with consequences under criminal law for giving false testimony. It further alleges that Kolzoff's testimony will be offered as evidence of these material facts: (1) that TI&M is the sole shareholder of Windsor pursuant to the stock certificate issued February 9, 2002; and (2) that Irving Cohen is not and never has been a director, member, secretary, partner or shareholder of TI&M. Windsor states that Kolzoff testified under oath to these facts in direct response to the questions propounded by the Plaintiff.
Finally, Windsor asserts that, pursuant to Rule 807(b) of the Federal Rules of Evidence, reasonable notice of the intent to use Kolzoff's statement was provided in advance of trial.
The residual exception is to be narrowly construed. See Keri, 458 F.3d at 631. The Court concludes that most of the factors weigh in favor of excluding Kolzoff's testimony. The most important consideration listed in Rule 807 is that the statement have "circumstantial guarantees of trustworthiness."
In assessing trustworthiness, the Court examines a number of factors. The Plaintiff states it has no available evidence of Kolzoff's character. Windsor states only that Plaintiff makes no claim that Kolzoff does not possess a character of truthfulness and honesty. Because there does not appear to be any evidence on the issue, therefore, the Court has no knowledge of Kolzoff's character. This factor weighs against admitting the testimony.
The testimony was given under oath, though Kolzoff did not submit to United States' laws which punish perjury. His testimony was subject to Liechtenstein penalties for giving false testimony. Although Windsor notes that Plaintiff had an opportunity to develop questions propounded to Kolzoff, the witness answered only a fraction of the questions in his statement. Therefore, it cannot be said that Kolzoff was subject to cross-examination. This factor weighs against admitting the testimony of the out-of-court declarant.
As for the witness's relationship with the parties, the Plaintiff states that Kolzoff has no known relationship or vested interest in the United States. The Plaintiff points out that, to the extent that Kolzoff does actually represent TI&M, and if Windsor is a wholly-owned subsidiary of TI&M, Kolzoff would be highly motivated to downplay Cohen's role in Windsor or the Property. TI&M and Windsor could lose millions if the United States were allowed to foreclose upon the Property. The Plaintiff contends there was no motivation for Kolzoff to be forthright in his December 17, 2010 testimony, particularly when he was not subject to cross-examination or concerned with stiff penalties for perjury.
Windsor says nothing directly about Kolzoff's relationship with the parties, though Kolzoff's testimony alludes to a relationship. It says Kolzoff's testimony will be offered as evidence that TI&M became the sole shareholder of Windsor, though that was well before Kolzoff was affiliated with TI&M. Kolzoff would further testify that Irving Cohen has never been affiliated with TI&M.
Thus, the only evidence offered as to the witness's relationship with the parties and motivation is that Kolzoff has a business relationship with the Defendants and Kolzoff's business could suffer a financial loss if the Plaintiff prevails. This factor weighs against admission of Kolzoff's testimony.
The next factor is the extent to which the witness's testimony reflects personal knowledge. The Plaintiff states that Kolzoff's testimony gives the Court little evidence to assess the source or extent of that knowledge. Kolzoff states that his testimony is of limited value because his membership in TI&M began on April 4, 2008. The Plaintiff states that because Cohen testified that he flew to Liechtenstein in late 2001 or January of 2002 to meet with Kolzoff about the Property, Kolzoff's testimony that he was not affiliated with TI&M until 2008 raises a number of questions.
Windsor alleges that Kolzoff testifies to matters within his personal knowledge and specifically acknowledges that he is unable to answer many questions from personal experience. Windsor further claims there is corroborating evidence to support his testimony, including a copy of the stock certificate issued in 2002, the declaration of Kolzoff, and Irving Cohen's testimony. Except for noting that Kolzoff could not answer some questions, Windsor does not address the Plaintiff's assertion that Kolzoff's testimony may be inconsistent with Cohen's.
It is difficult to determine the extent to which Kolzoff's testimony reflects his personal knowledge. Even Kolzoff says his testimony is of limited value. Accordingly, the Court concludes this factor weighs against admission of Kolzoff's testimony.
There is no evidence that Kolzoff ever recanted his testimony. This factor weighs slightly in favor of admission of his testimony. It is of limited value because Kolzoff was not subject to cross-examination or follow-up questions.
There does not appear to be much in the form of corroborating evidence. Kolzoff produced no documents in response to eighteen document requests in the Letters of Request. If he had done so, there might be evidence in the record to support or refute Kolzoff's assertions. The Plaintiff notes that minutes of TI&M board meetings might show who managed that entity. Loan documents, wire transfer records, financial statements, and contracts could show the legal and financial relationships among TI&M, Windsor, Kolzoff and Cohen. Windsor does not address these matters. The Court concludes that the fact there is little in the form of corroborating evidence weighs against admission of Kolzoff's testimony pursuant to the residual exception.
Another factor concerns the reasons for the witness's unavailability. The Plaintiff alleges that Kolzoff is unavailable at trial by choice. That decision detracts from the trustworthiness of his testimony because Kolzoff, a lawyer, refused to submit to a jurisdiction in which he would be subjected to cross-examination. Instead, the Plaintiff asserts that Kolzoff insisted on proceeding in Liechtenstein, where he could hide behind European banking- secrecy laws and refuse to answer questions. Based on the absence of corroboration or cross-examination, the Plaintiff contends that Kolzoff's words are too untrustworthy to be admitted.
Windsor claims that neither party may compel the attendance of a third party national to submit itself to the jurisdiction of the United States. A foreign national has a right not to do so. Windsor asserts that the Hague Convention does not require that Liechtenstein change its own procedures when executing the Letter of Request.
Windsor is correct in asserting that Kolzoff cannot be compelled to participate. Moreover, Liechtenstein cannot be required to change its procedures. However, that does make Kolzoff's testimony any more trustworthy. The fact that the deposition was conducted in accordance with Liechtenstein procedures is not particularly probative of the statement's reliability. In fact, the Plaintiff correctly asserts that Kolzoff's decision detracts from the trustworthiness of his testimony. Accordingly, this factor weighs against admission of Kolzoff's testimony.
Because the residual exception should be narrowly construed and because most of the applicable factors weigh against admitting the testimony, the Court concludes that Kolzoff's testimony is inadmissible pursuant to Rule 807. The most important factors are Kolzoff's admitted limited amount of knowledge, the limited corroborating evidence, and the fact that Kolzoff was not subject to cross-examination. It is also significant that Kolzoff could lose money if the Plaintiff prevails. The Court concludes that Kolzoff's statement does not have "equivalent circumstantial guarantees of trustworthiness," as other testimony which is admitted pursuant to hearsay exceptions. Accordingly, it would not serve the interests of justice to admit the testimony.
Accordingly, Kolzoff's testimony is inadmissible under both Rule 804(b) and Rule 807. The Plaintiff's motion in limine will be Allowed.
Ergo, the Plaintiff's Motion in Limine to exclude the expert testimony of Herman Schwartzman [d/e 158] is ALLOWED in part. Mr. Schwartzman's opinions on the following shall be excluded: (1) the validity of the Cohen No. 2 Trusts; (2) the powers and authority granted the trustees of the Cohen No. 2 Trusts and the Lillian Rosen Trusts; (3) the extent of the economic benefit Irving Cohen received from the Cohen No. 2 Trusts; (4) the legal implications of a 1983 agreement between the Cohen No. 2 Trusts and the Lillian Rosen Trusts; and (5) the powers and duties given to the trustee of the Lillian Rosen Trusts and the propriety of the trustee's actions. The admissibility of any other purported expert testimony from Mr. Schwartman shall be considered at trial.
The Motion in Limine to exclude Markus Kolzoff's testimony [d/e 160] is ALLOWED.
Richard Mills United States District Judge
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Oppo Mirror 5By Oppo Mobiles
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RAM Average
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Changing planet : past, present, future / Howard Hughes Medical Institute.
Available copies
- 1 of 1 copy available at Evergreen Indiana.
Current holds
0 current holds with 1 total copy.
|Call Number / Copy Notes
|Shelving Location
|Due Date
|Carnegie Public Library of Steuben County - Angola
|DVD INFO (Text)
|Adult: DVD
Record details
- Physical Description: 2 videodiscs (120 min.) : sound, color ; 4 3/4 in.
- Edition: Version 1.1.
- Publisher: Chevy Chase MD : Howard Hughes Medical institute, [2013]
- Copyright: ©2013
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|Formatted Contents Note:
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Register now to gain access to all of our features. Once registered and logged in, you will be able to contribute to this site by submitting your own content or replying to existing content. You'll be able to customize your profile, receive reputation points as a reward for submitting content, while also communicating with other members via your own private inbox, plus much more! This message will be removed once you have signed in.
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About Norkotah
Norkotah replied to Worthy's topic in Requests@Worthy I'm looking for a flawless lava runecrafting script. I regret wasting my money on ExRuneCrafter Lifetime because the lava crafting on it is garbage and he won't update it.
Norkotah replied to erickho123's topic in Runecrafting@erickho123 Lava runecrafting is still broken. It still runs all the way around the altar too often and it refuses to stop double clicking the altar and making fire runes instead of lava runes. Would you please, please at least fix it to where if you have it set to make lava runes make it impossible for it to click the altar more than once at a time? There's no reason at all I should be dropping below 30k XP/HR at lavas with this bot. 30k an hour isn't even 50% efficiency.
Norkotah replied to Encoded's topic in Fishing@Encoded GUI not loading again. It's only this script this time. All my others work.
Norkotah replied to Encoded's topic in Fishing@Encoded Ah, thanks for the information.
Norkotah replied to Encoded's topic in FishingScript was running flawlessly for weeks, and now it won't start up. I click start script and the GUI never pops up for the options. Using LG.
Norkotah replied to Encoded's topic in FishingI've tried it all the way at 0 and all the way to 15, but it's still about 3 times as slow at mousekey dropping as the woodcutting bot I use. It really doesn't seem to be mousekey dropping, just slowly dropping them in the formation that mousekeys uses. There's a strange unnecessary pause in between each drop that doesn't go away even with minimum sleep time. Is there something wrong with my settings, or is this the way it's designed?
Norkotah replied to Encoded's topic in Fishing@Encoded Is there any way to speed up mousekey dropping, or add that in as a feature? The current mousekey dropping is much, much slower than actual mousekey dropping and also slower than other scripts that use it, and it's deeply cutting into my XP/HR.
Norkotah replied to TRiLeZ's topic in Site UpdatesThanks @TRiLeZ!
Norkotah replied to erickho123's topic in Runecrafting@erickho123 I've been holding off on using this and have been botting other skills. I just wanted to know if lava altar spam-clicking has been fixed yet.
Norkotah replied to Norkotah's topic in Client Bugs@Whaka You chose to post in this thread. If you don't like it just move along. That kind of attitude is what causes new people to post threads about every little issue, just out of spite.
I loaded up Tribot and all my scripts are gone, I've tried erasing the .tribot folder but it did nothing.
Norkotah replied to Norkotah's topic in General@Red Ginger I'm actually getting better XP than the few hours leading up to the downtime, and I'm still 10 minutes from leveling, so I know it's not because I was a higher level.
Norkotah replied to Norkotah's topic in General@TRiLeZ Thanks for the information TRiLeZ, I appreciate it!
Norkotah posted a topic in GeneralI'm not mad or angry or even blaming anybody. This is just a friendly post seeking information. I noticed the website goes to sometimes, but the last 12 or so hours was the first complete blackout of the service I've seen since I started using Tribot. I guess a little (as much as possible) transparency is all I am after. To be honest, I feared the worst. Like a repeat of the Snellman brothers and RSBots Nexus being taken down bad.


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decided: April 13, 1987.
MEREL H. JOHNSON, II, PETITIONERv.COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA BOARD OF PROBATION AND PAROLE, RESPONDENT
Appeal from the Order of the Pennsylvania Board of Probation and Parole, in case of Merel H. Johnson, II, dated August 6, 1986.
Ronald J. Locke, special Deputy Public Defender of Huntingdon County, for petitioner.
Arthur R. Thomas, Assistant Chief Counsel, with him, Robert A. Greevy, Chief Counsel, for respondent.
Judges MacPhail, Doyle and Barry, sitting as a panel of three. Opinion by Judge MacPhail.
[ 105 Pa. Commw. Page 256]
Mr. Johnson appeals here from a denial of administrative relief by the Pennsylvania Board of Probation and Parole (Board). We affirm.
Johnson was recommitted as a convicted parole violator for a period of twenty-four months. In the statement of questions involved, Johnson contends that his recommitment was tainted by the Board's procedural errors, that his counsel failed to advise him of his right to a timely appeal and that he should have been given credit for time spent at liberty on parole.
Although the Board initially denied Johnson's application for administrative relief on the ground that the application was untimely filed, it later retracted that decision and addressed the merits of the application. We hold, accordingly, that timeliness is not an issue in this appeal.
Johnson claims that Section 21.1(b) of the Act of August 6, 1941 (Act), P.L. 861, as amended, added by the Act of August 24, 1951, P.L. 1401, as amended, 61 P.S. § 331.21a(b) commands that he be given credit for time served on parole in good standing and that he did not receive such credit. The statutory reference, of course, pertains to technical parole violators and specifically excludes parolees, like Johnson, who commit a new crime while on parole.
Concerning procedural errors, Johnson claims the Board had no jurisdiction over him when it held the
[ 105 Pa. Commw. Page 257]
revocation hearing on February 8, 1983, inasmuch as he was not sentenced by the Dauphin County Court of Common Pleas until February 18, 1983 and was not transferred to the State Correctional Institution at Camp Hill until February 22, 1983. Johnson cites Terrell v. Jacobs, 37 Pa. Commonwealth Ct. 493, 390 A.2d 1379 (1978) for the proposition that the Board had no jurisdiction over him until he was released by the county authorities to the state institution. We note, however, that Johnson states in his application for administrative relief that he was transported by a Board agent to the State Correctional Institution at Camp Hill for the hearing and then returned to the Dauphin County prison. The clear inference is that Johnson was released by Dauphin County into the custody of the Board for the purpose of the hearing. Under such circumstances, the Board acted properly.
Johnson's final contention is that the Board's recommitment order did not advise him of his right to appeal. As the Board points out, there is nothing in the Act or the Board's regulations which requires such notice. Our Court has held that where an administrative agency has provided a duly publicized procedure for a hearing or an appeal, it is not also required to extend additional notice of those rights. Commonwealth v. Derry Township, 10 Pa. Commonwealth Ct. 619, 314 A.2d 868 (1973), aff'd in part and vacated and remanded in part, 466 Pa. 31, 351 A.2d 606 (1976). The Board has provided for such procedures. See 37 Pa. Code § 71.5. Moreover, since the merits of Johnson's application for administrative relief were addressed by the Board, any error regarding notice must be deemed to be harmless.
The order of the Pennsylvania Board of Probation and Parole denying administrative relief to Merel H. Johnson, II is affirmed.
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Analysis of two jasper artifacts suggest that the Vikings voyaged to Notre Dame Bay in Newfoundland, Canada about 1,000 years ago. Evidence of the voyage was uncovered by chemical analysis of the jasper artifacts, used to start fires, as well as archaeological excavation, and suggest the Vikings would have encountered a dense settlement of indigenous people. Although researchers do not know the specifics of the Viking experience of Notre Dame Bay, they presume that it may have been one of the earliest encounters of the Old World with the New World.
Full Story:LiveScience.com