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Christopher Smith
Introduced on Feb 8, 2013
0 total co-sponsors
This bill was introduced in a previous session of Congress and was passed by the House on Feb 13, 2013 but was never passed by the Senate.
2/13/2013--Passed House without amendment. (This measure has not been amended since it was introduced. The summary of that version is repeated here.) Federal Disaster Assistance Nonprofit Fairness Act of 2013 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to include community centers, including tax-exempt houses of... Read more
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Federal CURE, Incorporated | FedCURE Position on HR592
Federal CURE, Incorporated | FedCURE supported on 2013-02-13 23:30:01FedCURE supports this needed legislation, as faith-based community organizations are best situated to provide first assistance in disater areas. http://www.FedCURE.org
American Humanist Association Position on HR592
American Humanist Association opposed on 2013-08-23 18:33:19The American Humanist Association sympathizes with religious organizations that lost property in the recent hurricane, but strongly opposes efforts such as this bill which would cause government money to go to churches to build explicitly religious structures. Efforts to weaken the wall of separation between church and state must be opposed, and churches must rely on donations and other means to rebuild explicitly religious structures that were damaged.
Secular Coalition for America Position on HR592
Secular Coalition for America opposed on 2013-02-13 15:27:58February 12, 2013—Tomorrow Congress is quietly attempting to sneak through a bill that would allow federal grant money to go directly to the brick and mortar rebuilding of churches and other houses of worship. Despite its unconstitutionality, lawmakers tomorrow will consider HR 592—a bill to amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act, to allow houses of worship to directly receive taxpayer dollars. There's a reason houses of worship are prohibited. This bill would reverse years of Supreme Court precedent and directly conflict with the First Amendment to the Constitution. Additionally, permitting public grants for churches and other houses of worship would unfairly privilege religious institutions above secular institutions, many of which are not eligible for the grants. This bill comes two weeks after churches were granted special exemptions from a law requiring coverage of contraceptive services. Churches are attempting to have their cake and eat it too. They want to choose when they must comply with a law and when laws must comply with them. Passage of the bill would create unfair advantages for religious institutions—and in effect, a government endorsement of religion—because these institutions are exempt from paying taxes, offering financial transparency and filing the same paperwork as secular organizations, but would still benefit from public tax dollars Tell Congress, not so fast! Will you send a letter to your Representative urging him or her to vote no on this bill right now? Tell your Representative to vote "no" on HR 592. http://action.secular.org/p/dia/action/public/?action_KEY=12506
Interfaith Alliance Position on HR592
Interfaith Alliance opposed on 2013-02-12 21:51:53February 11, 2013 Dear Representative: On behalf of Interfaith Alliance, I write to express our opposition to H.R. 592, the Federal Disaster Assistance Nonprofit Fairness Act of 2013. This legislation would "amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to clarify that houses of worship are eligible for certain disaster relief and emergency assistance on terms equal to other eligible private nonprofit facilities." Interfaith Alliance strongly opposes this bill and any attempts to grant federal funds to rebuild houses of worship—even those damaged by natural disasters like Hurricane Sandy—because doing so sets in motion a violation of religious liberty that ultimately hurts a house of worship more than helps it. Hurricane Sandy's tragic impact reminds us of the aftermath of far too many other natural disasters. As a Baptist minister to a congregation in Monroe, Louisiana, Hurricane Katrina in particular is on the forefront of my mind. In times such as these, there is an understandable, compassion-based temptation to steer federal funds to houses of worship that have been damaged, but it is a temptation we must resist. An act of compassion must not be allowed to erode our historic Constitution. The independence of houses of worship from the government regulations which accompany government funds is more important than federal dollars with which to do reconstruction. Becoming dependent on or indebted to our government's financial benevolence is far from being in a house of worship's best interest. The autonomy of religious institutions—and religious leaders—from the government coffers and the government's regulation is what enables religion to flourish and enables clergy to speak truth to power as a prophetic voice to our government. Interfaith Alliance has long been critical of efforts to funnel tax dollars to religious institutions whether through the faith-based initiative or in emergency situations like this—even in the aftermath of Hurricane Katrina—because of reverence and respect for these important institutions in our society. To steer such money to religious institutions clearly violates the boundaries between religion and government, and opens the door to government intrusion into the affairs of houses of worship. Making an exception in this case will only result in damaging a principle that has ensured the ability of diverse faith and belief to flourish in this country for centuries. Furthermore, to imply as this bill does, that a house of worship "provides essential services of a governmental nature," does a disservice to religious institutions. There is no doubt in my mind that houses of worship are essential. They are not however "of a government nature," and to imply otherwise is to challenge the independence and integrity of these institutions. Houses of worship often provide critical services to their communities and, even while sometimes done in partnership with government, this work is rooted in their faith, in their religious teachings, not in being an extension of government. Government can do so much to help communities recover from these tragedies and so much has been learned from the mistakes made in the wake of Katrina. But to violate a principle inherent in the foundation of our religious freedom would be a disservice to all Americans, including those whose places of worship have been impacted by natural disasters. (Letter provided to POPVOX by Congressional Office.)
American Civil Liberties Union (ACLU) Position on HR592
American Civil Liberties Union (ACLU) opposed on 2013-02-12 21:46:03February 12, 2013 Dear Representative: On behalf of the American Civil Liberties Union (ACLU), a non-partisan organization with more than a half million members, countless additional activists and supporters, and 53 affiliates nationwide dedicated to the principles of individual liberty and justice embodied in the U.S. Constitution, we are writing to urge you to vote "NO" on H.R. 592 when the measure comes up on the suspension calendar on Wednesday. This bill, which would authorize FEMA to provide houses of worship with direct grants of taxpayer funds, would flout longstanding constitutional law and harm religious liberty. The Supreme Court has recognized that the First Amendment was devised to prohibit "[t]he imposition of taxes to . . . build and maintain churches and church property," because such funding is an affront to "individual religious liberty."1 Accordingly, longstanding Court precedent specifically holds that taxpayer funds cannot go to construct, rebuild, or repair buildings used for religious activities — which clearly includes houses of worship.2 The Court has never retreated from this bedrock Establishment Clause principle. In fact, the Supreme Court continues to recognize "'special Establishment Clause dangers where the government makes direct money payments to sectarian institutions,'"3 which is exactly the use of taxpayer funds at issue here. And in a variety of bills over the past several decades, Congress has prohibited the use of funds to construct buildings used for religious purposes. Indeed, in the American Recovery and Reinvestment Act, Congress again recognized this prohibition and limited green construction funding to buildings in which secular activities take place.4 Under current policy, houses of worship may obtain government loans — just not direct grants — to rebuild. All for-profit businesses and non-profit organizations — including houses of worship — are eligible to participate in the SBA Disaster Loan Program. Houses of worship, therefore, are not without government help to rebuild. Moreover, houses of worship are not the only non-profit facilities that would otherwise be ineligible for direct grants for reconstruction. Only non-profits with facilities used for emergency, essential, and government-like activities are eligible for grants. Thus, FEMA grants are not the same as "general government services," like police or fire, which are available to every business, nonprofit, private residence, and house of worship. To say that the policy is unfair or that houses of worship are treated unequally — singled out among all other non-profits — therefore, is untrue. Although houses of worship may serve a central role in the lives of their congregants, it is impossible to see how the prayer and worship conducted in these sacred buildings is equivalent to the essential, government-like activities in facilities that would be eligible for government grants. It would be a dangerous precedent to equate religious worship with the vital services government provides. And while houses of worship may host educational and social activities, only community centers that are open to the general public on a nondiscriminatory basis,5 serve the entire community (not just congregants), and are used for a range of different activities6 are eligible for a FEMA grant. In the aftermath of Hurricane Katrina, the Bush administration directed that houses of worship would remain ineligible for FEMA funds. The Bush administration respected longstanding Supreme Court precedent7 and continued to adhere to this constitutional requirement. Churches, synagogues, mosques, and temples were damaged in Katrina just as they were in Sandy. As an organization whose offices were closed for weeks as a result, we very much understand the serious difficulties faced by people who were impacted by superstorm Sandy — so many of our friends and colleagues in New York and New Jersey continue to deal with its aftermath. But, the harm would be compounded if this misfortune were used as a reason to erode fundamental religious liberty protections enshrined in the First Amendment. Religious liberty is one of our nation's most fundamental values and it starts from the principle that religion thrives when both religion and government are safeguarded from the undue influences of the other. Barring federal funds for the rebuilding of houses of worship is not discriminatory or hostile to religion — it is one of the most fundamental ways we have to protect and defend religious liberty for all. Indeed, the Establishment Clause protects religious freedom by preventing the government from endorsing and funding any one religion — or all religions. Because H.R. 592 would flout longstanding constitutional law and harm religious liberty, we urge you to oppose the measure and vote "NO" when the measure comes up on the suspension calendar on Wednesday. (Letter provided to POPVOX by Congressional office.)
Baptist Joint Committee Position on HR592
Baptist Joint Committee opposed on 2013-02-12 21:44:05February 12, 2013 Dear Representative: On behalf of the Baptist Joint Committee for Religious Liberty (BJC), a 76-year-old agency dedicated to defending and extending religious freedom for all, I am writing to express our opposition to H.R. 592, to be considered on the floor tomorrow, Wednesday, February 13. The BJC, supported by fifteen national Baptist bodies and hundreds of congregations and individual supporters, believes religion is best served when it is neither advanced nor inhibited by government. H.R. 592, which would authorize FEMA to provide houses of worship with direct grants of taxpayer funds, would flout well-established constitutional principles and harm religious liberty. The First Amendment's Establishment Clause prohibits government from providing outright grants or similar financial support to churches and other houses of worship. Supreme Court jurisprudence has been clear on this point, having repeatedly reaffirmed the principle that direct monetary contributions of taxpayer dollars to religious institutions create "special Establishment Clause dangers." Simply put, we do not allow taxpayer dollars to build churches; we likewise should not allow taxpayer dollars to be used to rebuild churches. The damage wrought upon the Northeast by Hurricane Sandy is an instance in which our moral and humanitarian instincts may seem at odds with the constitutional requirement of no- establishment. Happily, we have ways to empathize with and provide aid to churches and other religious organizations damaged by the terrible storm. Repairs may be financed by denominational efforts, private foundation grants and contributions of the faithful. Additionally, insurance proceeds are available for rebuilding efforts, and churches and houses of worship may be eligible to obtain low-interest, long-term loans under the Small Business Administration disaster loan program for damages not covered by insurance. Natural disasters and other times of crisis serve as a call to action for citizens of faith. When we answer that call using voluntary, private donations, we reflect the very best of America's longstanding commitment to religious liberty for all. Public funding of houses of worships threatens to undermine religious autonomy and impermissibly involve government in the private affairs of religious bodies. It is simply not a good idea—however our heartstrings are tugged— to give churches access to the public till. H.R. 592 would do just that, and we therefore urge you to oppose it. (Letter provided to POPVOX by Congressional Office.)
Americans United for Separation of Church and State Position on HR592
Americans United for Separation of Church and State opposed on 2013-02-12 21:37:12February 12, 2013 Dear Representative: Americans United writes to express our strong opposition to HR 592, the Federal Disaster Assistance Nonprofit Fairness Act of 2013, which will be debated on the House floor tomorrow, Wednesday, February 13. The sole purpose of the bill is to authorize the Federal Emergency Management Agency (FEMA) to issue direct grants to fund the rebuilding of houses of worship. We oppose this bill because such funding would violate the Constitution and represent a significant shift in longstanding federal policy. Indeed, the George W. Bush Administration followed the policies of the Reagan, George H.W. Bush, and Clinton Administrations when it disallowed FEMA grants for the rebuilding of "houses of worship" after Hurricane Katrina.1 As someone who was born and raised at the Jersey shore and whose parents are still making repairs to their home and cleaning up after the storm, I certainly appreciate the needs the community faces. But, I also recognize that the Constitution places certain limits on the government's ability to fund houses of worship. The Tilton/Nyquist 2 line of Supreme Court cases firmly establish that it is constitutionally impermissible for the government to provide aid for the construction and repair of houses of worship. In accordance with these cases, "the State may not erect buildings in which religious activities are to take place" and "it may not maintain such buildings or renovate them when they fall into disrepair."3 The rule set down by the Supreme Court in these cases remains controlling law as neither they, nor the principal behind them, have ever been overruled in any subsequent Supreme Court decision.4 To the contrary, in its more recent cases examining the constitutionality of government aid to religious institutions, the Supreme Court has maintained that direct money grants create "special Establishment Clause dangers."5 Congress too just recently recognized the applicability of this precedent when it limited green construction funding in the Recovery Act to buildings in which secular activities take place. 1 Alan Cooperman, "Parochial Schools to Get U.S. Funds for Rebuilding," Wash. Post, Oct. 19, 2005, http://www.washingtonpost.com/wp-dyn/content/article/2005/10/18/AR2005101801622.html. 2 Tilton v. Richardson, 403 U.S. 672 (1971) (holding unanimously that a government subsidy used to construct buildings at colleges and universities was constitutional only if the buildings could never be used for religious activities); Hunt v. McNair, 413 U.S. 734 (1973) (upholding issuance of revenue bonds to finance the construction and renovation of facilities because the law included a condition barring government-financed buildings from being used for religious worship or instruction); Committee for Public Education v. Nyquist, 413 U.S. 756 (1973). 3 Nyquist, 413 U.S. at 777. 4 Recent federal court decisions, including Community House v. Boise, 490 F.3d 1041, 1059 (9th Cir. 2007), 567 F.3d 278 (6th Cir. 2009), apply Tilton's holding that "to avoid an Establishment Clause violation, a publicly financed government building may not be diverted to religious use." The only case that diverts from this longstanding precedent is one from the Sixth Circuit, American Atheists v. City of Detroit Downtown Dev. Auth. Yet, even this case does not stand for the proposition that federal grants can fund the reconstruction of houses of worship. Instead, the case distinguishes Tilton and Nyquist, arguing that the grant program before the Sixth Circuit was a "one-time grant limited to exterior cosmetic repairs" and "one-time surface-level improvements" that served a particular purpose and was very limited in scope. Id. at 298-99. 5 Mitchell v. Helms, 530 U.S. 793, 819 (1999) (quoting Rosenberger v. Rector and Visitors of Univ. of Va., 515 U.S. 819, 842 (1995)) (Thomas, J.); see also id. at 856 (O'Connor, J., controlling and concurring opinion) (describing Tilton as striking down the grant statute because it lacked a "secular content requirement"). ? Furthermore, proponents' claims that Tilton and Nyquist are inapplicable and that Congress should instead look to free speech forum and in-kind aid cases must be rejected. The Supreme Court has squarely held that free speech forum cases are inapposite to federal aid cases6 and that money grants are distinct from in-kind funds. 7 It is also important to note that houses of worship, like most non-profit organizations and businesses, are eligible for government loans—just not direct grants—to rebuild. In addition, houses of worship are not the only nonprofits that are ineligible for direct grants for reconstruction. To the contrary, only nonprofits with facilities that are used for emergency, essential, and government-like activities are eligible.8 And, eligible facilities, such as community centers, must also be open to the general public.9 To say that houses of worship are singled out among all other non-profits, therefore, is untrue. It is similarly inaccurate to claim that FEMA grants should be extended to houses of worship because the grants are akin to "general government services," such as police or fire. FEMA grants—unlike general government services —are not available to every business, nonprofit, private residence, or other building. Although it may not be seem easy in times of tragedy to tell those seeking aid that they are ineligible for government grants, the bar on the government rebuilding of houses of worship is an important limitation that exists to protect religious freedom for all. It upholds the fundamental principle that no taxpayer should be forced to fund a religion with whom he or she disagrees and that the government should never support building ("establishing" religion in its most basic form) religious sanctuaries. And, it protects against the government favoring, or creating the perception of favoritism for, certain religions over others. Houses of worship are special in our country and our constitution. They are both the place where worship takes place, and, adorned with religious symbols and iconography, are themselves expressions of worship. Accordingly, they are accorded special protections—exemptions, accommodations, and tax deductions. Restrictions on government funding of religion is also a special protection—they protect the conscience of the individual taxpayer, safeguard the autonomy of the religious institution, and ensure an equal playing field for all religions by prohibiting the government from playing favorites. For the reasons listed above, we urge you to oppose HR 592. (Letter provided to POPVOX from Congressional office.)
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Featuring Three Perspectives on Mentoring, Business Method Patents, San Joaquin County's Veteran's Treatment Court and Under Oath: Stephen Rosenbaum
Across the Bar: Third Quarter 2016
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Those who missed the Civil Litigation Civil Judges' Panel Brown Bag in Department 13, on June 28, 2016 should mark their calendars to attend the next one. The title of the event might sound boring, but perhaps it should have read, "everything you wanted to know about judges' decisions but…Read More
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United States District Court, N.D. Illinois, Eastern Division
March 28, 2014
GILMAN OPCO LLC, individually and as assignee of PAY GAS, LLC, and GILMAN LANDCO LLC, Plaintiffs,v.LANMAN OIL CO., INC., LANMAN TRANSPORTATION INC., and MICHAEL LANMAN, Defendants.
AMY J. ST. EVE, District Judge.
Plaintiffs Gilman Opco LLC and Gilman Landco LLC assert claims against Defendants
Lanman Oil Co., Inc., Lanman Transportation Inc., and Michael Lanman for violation of the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. § 1961, et seq., and violations of Illinois statutory and common law. ( See R. 1, Compl.) Defendants move to dismiss the Complaint for improper venue pursuant to Federal Rule of Civil Procedure 12(b)(3) and 28 U.S.C. § 1406(a). ( See R. 10, Defs. Mot.) Alternatively, Defendants move to transfer the case to the United States District Court for the Central District of Illinois pursuant to 28 U.S.C. §§ 1404(a) and 1406(a). ( See id. ) After the parties completed briefing on Defendants' motion to dismiss or transfer, Plaintiffs moved for leave to take discovery on the amount of business Defendants conduct in the Northern District of Illinois before the Court rules on Defendants' motion. (R. 19, Pls. Mot. for Discovery.)
For the following reasons, the Court concludes that Plaintiffs should have an opportunity to depose Michael Lanman regarding the scope of Defendants' business within the Northern District of Illinois to clarify the representations he made in his affidavits submitted in support of Defendants' motion to dismiss or transfer. Accordingly, the Court grants in part and denies in part Plaintiffs' motion for discovery.
Plaintiff Gilman Opco LLC ("Gilman") is a limited liability company headquartered in Chicago that runs a gas station and truck stop located in Iroquois County, Illinois. (Compl. ¶ 13 & Exs. 1-2.) Defendants Lanman Oil Co., Inc. ("Lanman Oil") and Lanman Transportation Inc. ("Lanman Transportation") provide petroleum products to gas stations and truck stops, including the ones operated by Gilman and its assignor Pay Gas, LLC.[1] ( Id. ¶ 14.) Gilman and its affiliate, Gilman Landco LLC, assert several claims arising from Defendants' alleged scheme to fraudulently bill Gilman for those products.
Specifically, Plaintiffs allege that Defendants regularly charged Gilman and Pay Gas more than the mark-up permitted in their contract and billed them for delivering more expensive Marathon-branded diesel fuel when Defendants, in fact, delivered unbranded biodiesel. ( Id. ¶¶ 19-31.) Additionally, Plaintiffs allege that Defendants billed them for full tank-load deliveries when they delivered only partial tank loads and overstated the gallons of fuel delivered to Plaintiffs. ( Id. ¶¶ 32-49.) Plaintiffs allege that Defendants manipulated the invoices they submitted to Plaintiffs and attached two liens against Plaintiffs' property in furtherance of the fraudulent scheme. ( Id. ¶¶ 16, 50-53.) Plaintiffs assert ten counts against Defendants in total: Counts I-III for violation of RICO; Counts IV-V violation of the Illinois Consumer Fraud Act; Counts VI-VII for violation of the Uniform Deceptive Trade Practices Act; Count VIII for common law fraud, Count IX for breach of fiduciary duty, and Count X for unjust enrichment.
On November 25, 2013, Defendants moved to dismiss the Complaint for improper venue or, in the alternative, to transfer the case to the Central District of Illinois. Defendants argue that venue is improper in this District because all Defendants reside in the Central District of Illinois, all events or omissions giving rise to Plaintiffs' claims occurred in the Central District, the property that is the subject of this litigation is located in the Central District, and litigating this case in the Central District would be more convenient for the parties and witnesses and more efficient for the courts. ( See R. 11, Defs. Mem. at 4.)
Under Rule 12(b)(3), a party may move for dismissal of an action that is filed in an improper venue. See Fed.R.Civ.P. 12(b)(3). Once a defendant challenges the plaintiff's choice of venue, the plaintiff bears the burden of establishing that it filed its case in the proper district. See Marzano v. Proficio Mortg. Ventures, LLC, 942 F.Supp.2d 781, 787 (N.D. Ill. 2013); MB Fin. Bank, N.A. v. Walker, 741 F.Supp.2d 912, 915-16 (N.D. Ill. 2010). In assessing a defendant's motion to dismiss under Rule 12(b)(3) for improper venue, a court must view the allegations in the complaint in the light most favorable to the plaintiff and accept all well-pleaded facts, except those contradicted by an affidavit, as true. See Marzano, 942 F.Supp.2d at 787 (citation omitted). The court also may consider evidence outside the pleadings to the extent that it sheds light on whether venue is proper. See Faulkenberg v. CB Tax Franchise Sys., LP, 637 F.3d 801, 809-10 (7th Cir. 2011); Coleman v. Supervalu, Inc. Short-Term Disability Program, 920 F.Supp.2d 901, 903-04 (N.D. Ill. 2013). In doing so, the court must resolve any factual disputes and draw all reasonable inferences in the plaintiff's favor. See Marzano, 942 F.Supp.2d at 787; AGA Shareholders, LLC v. CSK Auto., Inc., 467 F.Supp.2d 834, 842-43 (N.D. Ill. 2006).
Plaintiffs allege that venue is proper in the Northern District of Illinois under 28 U.S.C. § 1391(b).[2] (Compl. ¶ 5.) Section 1392(b) allows a plaintiff to bring a civil action in any of the following districts:
(1) a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located;
(2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of the property that is the subject of the action is situated; or
(3) if there is no district in which an action may otherwise be brought as provided in this section, any judicial district in which any defendant is subject to the court's personal jurisdiction with respect to such action.
28 U.S.C. § 1391(b). The dispute in this case concerns whether any Defendant "resides" in the Northern District of Illinois to make venue in this District proper under § 1391(b)(1). ( See R. 10, Pls. Resp. Br. at 10-11.)
I. Defendant Michael Lanman
For venue purposes, a natural person "shall be deemed to reside in the judicial district in which that person is domiciled." 28 U.S.C. § 1391(c)(1). Defendant Michael Lanman states in his affidavit that he resides and is domiciled in Charleston, Illinois, which is located in the Central District of Illinois ( see R. 11-2, Lanman Aff. ¶ 2), and Plaintiffs have put forward no evidence contradicting Mr. Lanman's representation. Accordingly, the Court finds that Mr. Lanman is a resident of the Central District of Illinois for venue purposes.
II. Defendants Lanman Oil and Lanman Transportation
A corporate defendant is deemed to reside for venue purposes "in any judicial district in which such defendant is subject to the court's personal jurisdiction with respect to the civil action in question...." 28 U.S.C. § 1391(c)(2). In a State like Illinois with more than one judicial district, a corporate defendant subject to personal jurisdiction in the state "shall be deemed to reside in any district in that State within which its contacts would be sufficient to subject it to personal jurisdiction if that district were a separate State, and, if there is no such district, the corporation shall be deemed to reside in the district within which it has the most significant contacts." 28 U.S.C. § 1391(d). It is undisputed that courts in the Central District of Illinois would have personal jurisdiction over Defendants Lanman Oil and Lanman Transportation; both corporations maintain their principal place of business in Charleston, Illinois, which is in the Central District of Illinois, and do business with numerous gas stations and truck stops throughout the Central District. ( See Lanman Aff. ¶¶ 3; R. 18-1, Lanman Supp. Aff. ¶ 6.) Accordingly, the question before the Court is whether Lanman Oil's or Lanman Transportation's contacts with the Northern District of Illinois are sufficient to subject at least one of them to personal jurisdiction in this District if it was a separate state. See 28 U.S.C. § 1391(d).
In a federal question case, "where federal statutes do not authorize nationwide service of process, a federal court in Illinois may exercise personal jurisdiction over a defendant if it would be permitted to do so under the Illinois long-arm statute."[3] uBID, Inc. v. GoDaddy Grp., Inc., 623 F.3d 421, 425 (7th Cir. 2010) (citing Fed.R.Civ.P. 4(k)(1)(A)). "A state's exercise of personal jurisdiction is also subject to the demands of the Fourteenth Amendment's due process clause." Id. "Because Illinois permits personal jurisdiction if it would be authorized by either the Illinois Constitution or the United States Constitution, the state statutory and federal constitutional requirements merge." Id .; see also Tamburo v. Dworkin, 601 F.3d 693, 700 (7th Cir. 2010). With respect to the federal constitutional requirements, it is well-established that the due process test for personal jurisdiction requires that a defendant have minimum contacts with the forum state "such that the maintenance of the suit does not offend traditional notions of fair play and substantial justice.'" International Shoe Co. v. Washington, 326 U.S. 310, 316, 66 S.Ct. 154, 158, 90 L.Ed. 95 (1945) (citations omitted). "[I]t is essential in each case that there be some act by which the defendant purposefully avails itself of the privilege of conducting activities within the forum State, thus invoking the benefits and protections of its laws." Hanson v. Denckla, 357 U.S. 235, 253, 78 S.Ct. 1228, 2 L.Ed.2d 1283 (1958).
Two types of personal jurisdiction exist-specific and general. See Helicopteros Nacionales de Colombia v. Hall, 466 U.S. 408, 414-16, 104 S.Ct. 1868, 80 L.Ed.2d 404 (1984); Abelesz v. OTP Bank, 692 F.3d 638, 654 (7th Cir. 2012). In Plaintiffs' response brief, they argue that specific jurisdiction would exist over Lanman Oil and Lanman Transportation in the Northern District of Illinois if it was its own state. ( See Pls. Resp. Br. at 10-11.) In their motion for leave to take discovery, Plaintiffs argue that they need discovery to determine whether general jurisdiction over Lanman Oil and Lanman Transportation would exist in this District if it was its own state. ( See Pls. Mot. for Discovery ¶¶ 2-42.) For completeness, the Court addresses both arguments.
A. Specific Jurisdiction
Whether specific personal jurisdiction over a defendant exists depends on "the relationship among the defendant, the forum, and the litigation." Walden v. Fiore, ___ U.S. ___, 134 S.Ct. 1115, 1121 (2014) (quoting Keeton v. Hustler Magazine, Inc., 465 U.S. 770, 775, 104 S.Ct. 1473, 79 L.Ed.2d 790 (1984)). This type of personal jurisdiction exists only if "the defendant's suit-related conduct must create a substantial connection with the forum State." Id. Courts apply a three-part analysis in determining whether specific jurisdiction exists: "(1) the defendant must have purposefully availed himself of the privilege of conducting business in the forum state or purposefully directed his activities at the state; (2) the alleged injury must have arisen from the defendant's forum-related activities, and (3) the exercise of jurisdiction must comport with traditional notions of fair play and substantial justice." Felland v. Clifton, 682 F.3d 665, 673 (7th Cir. 2012) (citations omitted); see also Northern Grain Mktg., LLC v. Greving, 743 F.3d 487, 492 (7th Cir. 2014) (quoting Tamburo, 601 F.3d at 702).
Plaintiffs' claims against Lanman Oil and Lanman Transportation center on motor fuel products Defendants provided to Plaintiffs' gas station and truck stop in Iroquois County in the Central District of Illinois. The jobber/dealer contract at issue in this case concerns that gas station and truck stop, and Defendants attached the two liens at issue to Plaintiffs' properties in Iroquois County. According to Mr. Lanman, the President of Defendants Lanman Oil and Lanman Transportation, Defendants never sold or delivered motor fuel products to Plaintiffs in the Northern District of Illinois; nor did they meet with or enter into agreements with Plaintiffs in the Northern District of Illinois. ( See Lanman Aff. ¶ 8.) Plaintiffs do not contest these facts, all of which undercut the existence of personal jurisdiction over Defendants in this District.
Moreover, the contacts that Plaintiffs argue Defendants have with the Northern District of Illinois are not sufficient to establish specific jurisdiction over Defendants. Plaintiffs cite, at most, three purported contacts Defendants had with this District with respect to Plaintiffs: (1) Michael Lanman called, emailed, and mailed correspondence to Plaintiffs' office in Chicago ( see R. 16-2, Meyers Decl. ¶¶ 7-10); (2) Plaintiffs are located in the Northern District of Illinois and, thus, sustained damages in this District ( see Pls. Resp. Br. at 11); and (3) Lanman Oil drew $25, 000 from a bank in this District on a Letter of Credit, which allegedly exceeds the amount Plaintiffs owed to Defendants ( see id. ). Plaintiffs fail to establish, however, that their claim arises from the first category of contacts or that the latter two contacts are sufficient to satisfy the minimum contacts inquiry. See GCIU-Emp'r Ret. Fund v. Goldfarb Corp., 565 F.3d 1018, 1023 (7th Cir. 2009) (quoting Central States, Se. & Sw. Areas Pension Fund v. Reimer Express World Corp., 230 F.3d 934, 944 (7th Cir. 2000)).
First, although telephone, email, and written communications may be relevant factors in a minimum-contacts analysis, they are not, by themselves, sufficient to establish specific jurisdiction. See Felland v. Clifton, 682 F.3d 665, 679 (7th Cir. 2012); Centurion Serv. Grp., LLC v. SBMC Healthcare, LLC, 944 F.Supp.2d 617, 624 (N.D. Ill. 2013); Abbott Labs., Inc. v. BioValve Techs., Inc., 543 F.Supp.2d 913, 921 (N.D. Ill. 2008). In Felland, the Seventh Circuit found that personal jurisdiction over the defendant existed in Wisconsin based on the defendant's communications to Wisconsin, where they constituted a "key component of [the plaintiff's] claim for intentional misrepresentation." Id. The Seventh Circuit specifically noted, however, that letters, phone calls, and emails do not " always establish minimum contacts for due-process purposes." Id. (emphasis in original). The question, rather, "is whether the particular [forum]-directed communications at issue... were part of the wrongful conduct that forms the basis of the claim." Id. Plaintiffs fail to identify a single communication between Mr. Lanman and Plaintiffs' Chicago office that relates to their claims in any way. Plaintiffs do not describe the content, timing, or frequency of those communications. ( See Meyers Aff. ¶¶ 7-10); see also Centurion Serv. Grp., 944 F.Supp.2d at 617 (finding that an unspecified number of email and telephone communications, only one of which the plaintiff established related to its claims in any way, was insufficient to establish specific jurisdiction); Connecticut Elec., Ins. v. Pacific Coast Breaker, Inc., No. 1:10-cv-1440-LJM-TAB, 2012 WL 626269, at *5 (S.D. Ind. Feb. 24, 2012) ("[The plaintiff] does not direct the Court to any evidence of telephone calls or email contacts between [the defendant] and Indiana residents related to the allegedly infringing breakers. Accordingly, these telephone and email contacts cannot confer specific jurisdiction on this Court.").
Second, neither Plaintiffs' location nor the alleged location of its injury is sufficient to satisfy the "defendant-focused minimum contacts' inquiry." See Walden, ___ U.S. ___, 134 S.Ct. at 1122 ("We have consistently rejected attempts to satisfy the defendant-focused minimum contacts' inquiry by demonstrating contacts between the plaintiff (or third parties) and the forum State."). In Walden, the Supreme Court emphasized that for specific jurisdiction to exist, the defendant's relationship with the forum "must arise out of contacts that the defendant himself' creates with the forum State." Id. (emphasis in original) (quoting Burger King v. Rudzewicz, 471 U.S. 462, 475, 105 S.Ct. 2174, 85 L.Ed.2d 528 (1985)). Furthermore, the minimum contacts analysis "looks to the defendant's contacts with the forum State itself, not the defendant's contacts with persons who reside there." Id. (citations omitted). Therefore, although a defendant's contacts with the forum may overlap with his transactions or interactions with the plaintiff or other parties, "a defendant's relationship with a plaintiff or third party, standing alone, is an insufficient basis for jurisdiction." Id. at 1123.
This remains true even when a plaintiff, as a forum resident, sustains an injury in the forum as a result of an intentional tort. Id. at 1125. "[M]ere injury to a forum resident is not a sufficient connection to the forum.... The proper question is not where the plaintiff experienced a particular injury or effect but whether the defendant's conduct connects him to the forum in a meaningful way." Id.
None of Defendants' allegedly unlawful conduct alleged in the Complaint occurred in the Northern District of Illinois or was directed to this District. To the contrary, all of Defendants' conduct underlying Plaintiffs' RICO and state-law claims took place in the Central District of Illinois and concerned Plaintiffs' properties in the Central District. Plaintiffs' location in the Northern District of Illinois does not, by itself, establish minimum contacts between Defendants and this District even though Plaintiffs allegedly experienced the financial effects of Defendants' alleged misconduct in this District as a result of their location. See id.; see also Telemedicine Solutions LLC v. WoundRight Techs., LLC, ___ F.Supp.2d ___, 2014 WL 1020936, at *11 (N.D. Ill. Mar. 14, 2014) (finding that specific jurisdiction did not exist where "[t]he only connection between Defendant's allegedly tortious ad and the forum state is Plaintiff's location there").
Finally, Lanman Oil's draw on a Letter of Credit from a bank in the Northern District of Illinois also does not create sufficient contacts to subject Defendants to specific jurisdiction in this District. See Telemedicine Solutions, 2014 WL 1020936, at *7-11. Lanman Oil's one-time draw on a Letter of Credit from a bank presumably chosen by Plaintiffs in the Northern District of Illinois several days after the initiation of this lawsuit hardly creates a "substantial connection" between Defendants and the Northern District, even when considered in conjunction with Plaintiffs' location and alleged injury in this District. See Walden, 134 S.Ct. at 1121. In sum, the tenuous relationship, at best, between Plaintiffs' claims and Defendants' contacts with the Northern District of Illinois is insufficient to subject Defendants to specific jurisdiction in this District if it was its own state. Plaintiffs, therefore, cannot rely on specific jurisdiction over Lanman Oil or Lanman Transportation to establish that venue is proper in this District under § 1391(b)(1). See 28 U.S.C. § 1391(d).
B. General Jurisdiction
Unlike specific jurisdiction, general jurisdiction allows a plaintiff to sue a defendant in the forum regardless of the subject matter of the litigation. See Purdue Res. Found. v. Sanofi-Synthelabo, S.A., 338 F.3d 773, 787 (7th Cir. 2003). The standard for exercising general jurisdiction over a defendant is demanding; it requires that the defendant have "continuous and systematic general business within the forum state." See GCIU-Emp'r Ret. Fund, 565 F.3d at 1023; uBID, 623 F.3d at 425-26; see also Purdue Res. Found., 338 F.3d at 787 ("[T]he constitutional requirement for general jurisdiction is considerably more stringent than that required for specific jurisdiction."). The defendant must have "such extensive contacts with the [forum] state that [the defendant] can be treated as present in the state for essentially all purposes." uBID, 623 F.3d at 425-26; Purdue Res. Found., 338 F.3d at 787 (similar).
According to Mr. Lanman's affidavit, Lanman Oil made no sales of motor fuel products to gas stations in the Northern District of Illinois and did not support or operate any convenience stores or car washes for gas stations in the Northern District. ( See Lanman Supp. Aff. ¶¶ 4-5.) Additionally, all eighteen Lanman Oil locations Plaintiff has identified are located outside the Northern District. ( Id. ¶ 6.) Lanman Transportation had one customer in the Northern District of Illinois during 2013, which accounted for 0.3% of its total sales for 2013. ( Id. ¶ 8.) It also provides freight services for one customer that require loading or dispensing of fuel to or from three terminals located in Cook County, which accounted for approximately 0.26% of Lanman Oil's and Lanman Transportation's combined sales during in 2013. ( Id. ¶ 9.) Additionally, Lanman Transportation trucks occasionally pass through the Northern District on their way to or from customer locations in Milwaukee, Wisconsin and Hammond, Indiana. ( Id. ¶ 10.)
Plaintiffs cite five sightings of Lanman Transportation trucks driving on expressways in or near Cook County in a one-month period as evidence that Defendants may be subject to general jurisdiction in the Northern District of Illinois. ( See Pls. Resp. Br. at Exs. A-D; Pls. Mot. for Discovery at Exs. A-B.) Plaintiffs do not argue that these five sightings are sufficient to establish that Defendants conducted "continuous and systematic general business" in this District, but they contend that these sightings, along with the inconsistencies and "sharp wording" in Mr. Lanman's affidavits warrant permitting Plaintiffs to conduct discovery on the scope of Defendants' business activities in this District before the Court rules on Defendants' motion to dismiss or transfer. ( See Pls. Mot. for Discovery.)
The Federal Rules of Civil Procedure allow liberal discovery into relevant matters, including discovery directed to personal jurisdiction. See Andersen v. Sportmart, Inc., 179 F.R.D. 236, 241 (N.D. Ind. 1998). A plaintiff does not have an automatic right to jurisdictional discovery in every case. Id. "[A]t a minimum, the plaintiff must establish a colorable or prima facie showing of personal jurisdiction before discovery should be permitted." Reimer Express World Corp., 230 F.3d at 947; see also Ellis v. Fortune Seas, Ltd., 175 F.R.D. 308, 312 (S.D. Ind. 1997) (collecting cases). Courts generally will grant jurisdictional discovery if the plaintiff "can show that the factual record is at least ambiguous or unclear on the jurisdiction issue." Andersen, 179 F.R.D. at 241-42; Ticketreserve, Inc. v. viagogo, Inc., 656 F.Supp.2d 775, 783 (N.D. Ill. 2009). Although the standard to obtain jurisdictional discovery is low, courts will not permit discovery based only upon "bare, " "attenuated, " or "unsupported" assertions of personal jurisdiction or when a plaintiff's claim appears to be "clearly frivolous." See Andersen, 179 F.R.D. at 242; Ellis, 175 F.R.D. at 311-13.
Having reviewed the parties' submissions and the affidavits submitted in support thereof, the Court concludes that Plaintiffs should have an opportunity to conduct limited jurisdictional discovery on the scope of Lanman Oil's and Lanman Transportation's business in the Northern District of Illinois. Although the Court does not agree with Plaintiffs' assessment that Mr. Lanman was lying in his affidavits, it finds Mr. Lanman's statement in his initial affidavit that "[a]t no time alleged in Plaintiffs' Complaint did Lanman Oil Company Inc., Lanman Transportation, Inc. or I do business in the Northern District" ( see Lanman Aff. ¶ 9) to be potentially misleading. The clear import of this statement is that Defendants did not conduct business in the Northern District of Illinois during the time period at issue in this suit. ( Id .; see also Defs. Mem. at 6 ("[N]one of these Defendants did business in the Northern District during the time alleged in Plaintiffs' Complaint.").) The statements in Mr. Lanman's supplemental affidavit, however, show that Lanman Transportation conducted some business in the Northern District during the time period alleged in the Complaint. ( See Lanman Supp. Aff. ¶¶ 8-10.) Plaintiffs, moreover, have submitted evidence that calls into question Mr. Lanman's representation that Lanman Transportation's sales in the Northern District of Illinois account for only 0.3% of its total sales. ( See Pls. Mot. for Discovery ¶¶ 22-28.) The Court does not necessarily agree with Plaintiffs' assessment that Mr. Lanman lied in his affidavits. ( See Pls. Resp. Br. at 2.) It nonetheless finds that Plaintiffs have put forward evidence sufficient to cross the low hurdle for obtaining discovery to clarify the jurisdictional issues. See Andersen, 179 F.R.D. at 241-42 (jurisdictional discovery is appropriate where the factual record "is at least ambiguous or unclear on the jurisdiction issue).
The Court has broad discretion in delineating the proper scope of this jurisdictional discovery. See Reimer Express Hach Co. v. Hakuto Co., Ltd., 784 F.Supp.2d 977, 983 (N.D. Ill. 2011) (permitting jurisdictional discovery only on limited subjects); Hill v. Shell Oil Co., 149 F.Supp.2d 416, 420 (N.D. Ill. 2001) (allowing "narrowly targeted" jurisdictional discovery regarding whether the defendant and its alleged joint-venture partners shared profits or losses). In this case, the Court believes that the amount of discovery it permits should be commensurate with the nature and strength of Plaintiffs' jurisdictional arguments. Plaintiffs have put forward sufficient evidence to question some of the representations in Mr. Lanman's affidavits regarding Defendants' business activities. As a result, they should have the opportunity to depose Mr. Lanman regarding the representations in his affidavits and the scope of Lanman Oil's and Lanman Transportation's business more generally.
Plaintiffs' sightings of Lanman Transportation trucks in the Chicago area, however, do not warrant expanded jurisdictional discovery. Five chance sightings of Lanman Transportation tankers on expressways in or near Cook County with no information on where those tankers were travelling to and from and what business, if any, they conducted while within the Northern District of Illinois, does not constitute a prima facie showing of "continuous and systematic general business" within this District. See Tamburo, 601 F.3d at 701 ("[I]solated or sporadic contacts-such as occasional visits to the forum state-are insufficient for general jurisdiction."); see also Ferris Mfg. Corp. v. S.P.R.D., No. 07 C 466, 2007 WL 1438375, at *3 (N.D. Ill. May 15, 2007) (general jurisdiction did not exist because, among other reasons, only 3% of the defendant's $10 million of sales occurred in Illinois). Accordingly, the Court grants Plaintiffs' motion for discovery with respect to the limited deposition of Mr. Lanman, but denies Plaintiffs' motion in all other respects. The deposition of Mr. Lanman shall take place by April 21, 2014
For the reasons explained above, the Court grants in part and denies in part Plaintiffs' motion for jurisdictional discovery, and will allow Plaintiffs to take limited discovery on the issue of general jurisdiction. Specifically, Plaintiffs may depose Michael Lanman with respect to the representation in his affidavits and the scope of Lanman Oil's and Lanman Transportation's business in the Northern District of Illinois.
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BOWLING GREEN – The Bullitt East Chargers' lack of experience may have showed a little in the season-opening game Tuesday at Warren Central High School.
Bullitt East built a 17-point lead in the first half and still had the upper hand at 45-41 entering the fourth quarter before Warren Central rallied to win 62-57.
SHEPHERDSVILLE – When Josh Cravens took over the Bullitt Central girls' basketball program in May the schedule for the upcoming season was pretty well set.
Needless to say, if he had made the schedule, the Lady Cougars would not have opened the season Tuesday on the road at Trimble County. Bullitt Central has just one returning starter and only three players with any varsity experience while the Lady Raiders return most of its roster from the team that won the Eighth Region title a year ago.
BEDFORD – The Jessie Curry era at Bullitt Central got off on the right foot on Tuesday as the maroon and gray went on the road and defeated Trimble County 77-51.
An opening win might have been a little more than the ultra-young and inexperienced Cougars could have hoped for at this early stage, especially when the team's only returning player with varsity experience, senior Danny Goldsmith, was held to just four points after going to bench after two early fouls.
NEW CASTLE – Battling the limited availability of its leading returning scorer, Travis Dunnavan, the North Bullitt Eagles still managed to open the season with a road win, beating Henry County 58-46.
Dunnavan missed the team's two scrimmages with a hyper-extended knee, but he was in uniform for the first game of the season. Head coach Korey Craddock didn't start the senior, but early in the first half Dunnavan entered the game and scored 17 of his team-high 22 points before halftime as the Eagles bolted to an eight-point advantage.
The annual Hillview Winterfest drew record crowds to the government center.
The star attraction came from the AnimalTales handler, who brought a variety of animals to the stage. That attracted a lot of kids to the stage to see animals like snakes and wallabys.
There was also a visit from Santa, crafts and food
For more pictures of the event, click here.
MOUNT WASHINGTON – No doubt about it. Bullitt East softball standout Lindsey Renneisen was all 'Aces' with Evansville University.
It was over a year ago that the Lady Charger senior committed to the 'Aces' and then a few weeks ago she made it all official, signing the NCAA Division I paperwork with the school in a ceremony in the Bullitt East Media Center.
Even with the early commitment, Renneisen never wavered from wanting to play for Evansville.
LEBANON JUNCTION — A cold night was made warmer by Christmas lights and hot chocolate at the annual Light Up Lebanon Junction celebration.
The night started with the lighting of the Lebanon Junction Memorial Park.
Residents then followed Santa down to the Wall Street Park where individual displays were set up, including a memorial section for loved ones.
The Lebanon Junction Parks Committee passed out hot chocolate and cookies and Santa was available for pictures and to hear the children's wish lists.
CLERMONT -- Cold weather doesn't stop Bernheim from celebrating all that nature has to offer in December.
With the exception of Christmas Day, Bernheim is open the entire month with events and activities for every age.
To get in the holiday spirit, join Bernheim on Saturday, Dec. 3, from 10 a.m. – Noon for Smart Gardens and Landscapes: Holiday Wreath Making with Nature at the Research Center.
Participants will enjoy decorating for the holidays using objects found in nature to create wreaths, swags, kissing balls and more.
HEBRON ESTATES – Every coach expects graduation losses, that is just part of coaching high school sports.
What coaches don't like is when athletes transfer out the day before pre-season practice is set to start.
North Bullitt head coach Korey Craddock got both the expected and the unexpected since the end of last season.
Jacob Hubbs was born in 1762 in Nova Scotia, Canada. He was the son of Captain Samuel Hubbs and Nancy Dodsworth. Jacob's father was in the Royal British Army, who came to North America to receive a land grant in Nova Scotia.
The land which he had the deed to was already settled by another family.
So, Jacob moved his family to Maryland. Jacob's father Samuel assisted with the establishing of American independence. His rank was Lieutenant in the Maryland Militia.
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The Pioneer News Online is your source for local news, sports, events and information in Bullitt County and Shepherdsville, KY, and the surrounding area.


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WANTED NEWS (update 16.6.2016)
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$500.00 4 months ago
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I've got a 3000gt motor for sale, trans is blown. Engine has roughly 70-80k on it per the previous owner's word. Said he daily drove it until it the trans locked up on him. I can confirm the trans is bad, as I've put the car in gear and was unable to get it back out. Car has sat for a few months, but it rotates smoothly. Will need to be flushed out and have new oil put in.. 500 obo, call or text 8
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North West Kansas, KS
$2,500.00 6 months ago
1992 Mitsubishi 3000GT VR4 *Seized engine* Make an offer - $2500 (Paw Paw) hide this posting restore this posting
I have a 1992 3000gt vr4 with a seized engine for sale. New tires and all exhaust gaskets+resonator replaced shortly before the engine went. Car is in fairly good condition, but it is 24 years old. Seats are perfect and the interior is pretty good overall. The hood is unlatched in the pictures but closes fine.Car is currently at a shop in Paw PawMake an offer I want it gone but don't be unreasonab
6 months ago
South West Michigan, MI
$450.00 1 year ago
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Northern Territory Sea Surface Temperature
The sea surface temperature (SST) varies much more slowly than atmospheric temperatures due to the heat capacity of water. As such, the SSTs lag the atmospheric temperatures on a seasonal timescale by about 3 months. The lowest SSTs are usually observed in early Spring and the highest SSTs are observed in early Autumn.
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Following a run of cooler than average temperatures during the first half of next week, southwestern parts of Western Australia will see a return of hot conditions.
A taste of summer for Sydney
A burst of hazy heat enveloped Sydney on Friday, with temperatures just not letting up well into the evening.


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Conceptual Gardens of Kuppam
Balavana: "Forest of the Prodigies"
Conceived and initiated by Dr. A.N Yellappa Reddy, the Balavana (a term coined to describe the spiritual significance of flowers in the garden) was introduced to the hills of the Kuppam campus in 2009. The objective of the Balavana is to create a pure and refreshing natural environment so as to serve as a physical manifestation of the divine nature of the souls of Dhruva, Prahlada and Nachiketa (three great children in Indian mythology).
The natural processes of birth, life and death, as embodied by the accomplishments of these three prodigies, are reflected in the plant life nurtured in the Balavana, hence the moniker "Forest of the Prodigies". Thus, through the diverse plant life manifested in the garden, Agastya aims to provide visitors with a glimpse of Earth in her most resplendent form.
Garden of Gayathri
The Garden of Gayathri, dedicated to the Sun God, is landscaped on a sloped area close to the Balavana. Distinct and filled to the brim are Plumerias, more commonly known as Temple Trees. Planted in seven distinctive rows, each row consists of one colour in the rainbow spectrum, except for the "green row" that has been replaced by the green-flowered Madanmast – chosen because of its fragrant greenish flowers that fade to yellow with age.
Plumeria trees
An early morning visit to the Garden of Gayathri is a soothing and relaxing activity that any individual visiting the campus should not miss. Watching the first rays of sunlight touch the Plumerias leaves one with a sense of tranquillity that soothes the soul and is even said to cure certain diseases.
The planting of Temple Trees in the VIBGYOR pattern also serves as an interesting Physics lesson provided by Mother Nature herself. When the sun shines down on the trees, they reflect the seven rainbow colours due to the difference in velocity and wavelengths of different light rays. Visitors leave the garden not only refreshed and rejuvenated but also learning a theory or two from the plants.
Imagine a gigantic man-made family of human figures resting on the slopes of a hillock. From a distance, these figures look like mere white bricks encircling plain grass plots. Up-close, however, one will be amazed to discover that these giants are actually a potpourri of medicinal Ayurveda plants and herbs, with each plant planted on the figure corresponding to the actual part of the human body that the plant heals (read more here).
This awe-inspiring mural attracts daily busloads of children who visit to learn about the medicinal plants in the maturing garden and enjoy its serenity. At Agastya's Kuppam campus, visitors are kept busy because there is simply so much to explore and discover!
Situated near the entrance of the Kuppam campus is the statue of Sage Agastya and an expansive garden covering up to 50-metre from the centre of the statue. The garden, segmented into 18 different sections (which are named after the 18 Siddhars, including Agastya), contains a variety of Siddha medicinal plants, each with specific healing properties. This is the Siddhavana and as its name suggests, is solely dedicated to the traditional medical system of Siddha.
Siddha medicine is said to revitalize and rejuvenate dysfunctional organs that cause diseases and it does so by balancing the ratio of vata, pitta, and kapha in the body. Should this balance be disturbed, Siddha medicine, in the form of flowers, leaves, fruits, and roots, is used to cure and restore this equilibrium.
So, the next time you visit Kuppam, be sure to visit the Siddhavana. These plants are not just any ordinary shrubs, herbs or trees, they are medicinal plants firmly rooted in 2,500 years of Indian traditional herbology!


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Quote: But he did win a fight, Brock isnt versatile enough.........yet and with guys like Mir he has a LOT of experience to catch up on.
Quote: The question of UFC being 'realistic' is a retarded one- its a real fight, plain and simple.
Quote: Want to know what would happen bare knuckle/no rules? Lesnar breaks his hand during the GNP, then Mir cranks the ankle hard and fast, breaking the ankle
Quote:Because in real fights someone steps in and makes one guy stop hitting the other in the back of the head, calls time and stands them up?
Quote:The issue of realism is an important one because the UFC holds itself up and THE answer to combat sports, so when you see a fight that seems to be have a different outcome then one might expect it raises the question of why is UFC better then wrestling or boxing or any other combat sport?
Quote:Sure within it's rule set it's real, but personally watching the fight I think if BL is allowed another level of brutality the fight has a very different outcome.
Quote:What is clear, IMO is BL was overwhelming FM right up until the submission and I find the contrast between the fights tenor, and it's outcome interesting and worthy of discussion.
Quote: Well, yeah, kinda. If the fight is in a club, then bouncers will do just that.
Quote: Do you remember the original UFC's?
Quote:But I want to focus on this fight, and the UFC as a combat sport. In that case, the sporting rules, the stopage and standing up of the fighters was directly related to the outcome of the fight.
Quote:It seems to me BL lost because of rules that prevented him from destroying MIR, which he clearly seemed about to do. But the rules didn't prevent MIR from exploiting BL's mistake.
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A splendid example of Ligurian nautical chart-making, of wider conception than the works outlined in previous pages, is the atlas titled Arte della vera navegatione con il regimento della tramontana et del Sole di Gio Francesco Monno di Monaco Chirurgico Con un Portolano delle coste figurate da tutti li Porti da Stantiar vascelli, co' i luoghi pericolosi di tutto il Mar Mediterraneo. Et Carta Mediterranea con il giusto luogo de Gradi et vera via de venti, by Giovan Francesco Monno, 1633, kept at the University Library in Genoa. Nothing is known of the author, who claims to come from Monaco; beside this atlas, two charts of his are known: one, dated 1613, is in Rome at the Palazzo Doria, and the other of 1622, is in Genoa at Palazzo Durazzo. An earlier version of the atlas in question, dated 1620 and kept at Oxford University, could be its first draft.
The codex collects in a single volume a handbook of astronomy and navigation, and a pilot book of the Mediterranean inclusive of seven charts - two of which describe the European and African coasts on the Atlantic from Denmark to Morocco - brightly colored and illustrated with vignettes. Compared to the nautical atlases previously described, which are undoubtedly intended as an aid to navigation, inclusive of large-scale plans of ports and town views, Monno's atlas is on a very small scale, and seems rather conceived for the bibliophile than for the use of mariners.


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Discussion in 'iPod touch Firmware 3.0' started by stickypop, Jun 17, 2009.
Has anyone else had this? Just updated to 3.0 and none of my applications open..
What happens? Do they just crash back to the Springboard?
They all just open (kinda) then just go straight back to the springboard, every app does it.
------------------double post merged------------------Just restored.. nothing changed, still cannot open any of my apps.
Separate names with a comma.


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Microcrystalline Cellulose, Dicalcium Phosphate, Magnesium Oxide, Vitamin C (Ascorbic Acid), Zinc Citrate, Corn Dextrin, Anti-Caking Agents (Silicon Dioxide, Magnesium Stearate), White Tablet Coating (Hydroxypropylmethylcellulose, Colour (Titanium Dioxide), Glycerin), Ferrous Fumarate, Nicotinamide, Vitamin E (DL-Alpha Tocopheryl Acetate), Alpha Lipoic Acid, Green Tea Extract (Camellia sinensis), Acacia Gum, Thiamin Mononitrate, L-Carnitine L-Tartrate, Vitamin B6 (Pyridoxine Hydrochloride), Citrus Bioflavonoids Complex (Citrus aurantium), Croscarmellose Sodium, Calcium Pantothenate, Manganese Gluconate, Riboflavin, Copper Citrate, Coenzyme Q10, Lutein, Hydroxypropylmethylcellulose, Sucrose, Monoglycerides, Corn Starch, Chromium Picolinate, Medium Chain Triglycerides, Sodium Selenite, Folic Acid, Biotin, VitaminD3 (Cholecalciferol), Antioxidant (DL-Alpha Tocopherol), Vitamin B12 (Cyanocobalamin).
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Thiamin (Vitamin B1) 14 mg (1273%)
Riboflavin (Vitamin B2) 4 mg (286%)
Niacin 30 mg NE (188%)
Vitamin B6 10 mg (714%)
Folic Acid 200 μg (100%)
Vitamin B12 5 μg (200%)
Biotin 50 μg (100%)
Pantothenic Acid 6 mg (100%)
Magnesium 60 mg (16%)
Iron 10 mg (71%)
Zinc 15 mg (150%)
Copper 1000 μg (100%)
Manganese 0.5 mg (25%)
Selenium 120 μg (218%)
Chromium 75 μg (188%)
Green Tea Extract 20 mg -
Alpha Lipoic Acid 20 mg -
L-Carnitine 10 mg -
Citrus Bioflavonoids Complex 10 mg -
Coenzyme Q10 2 mg -
Lutein 2 mg
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Chinese Yunnan Pu'er Tea In Small Package
Posted at: Offers to Sell and Export | Posted on: Thu 08 Jan, 2009 2:10 pm |
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Brand: Jishunhao( auspicious tea)
Type: ripe Pu'er tea
Origin: Yunnan, China
Weight: 4g
this type of tea can help to reduce weight, prevent radiation, decrease blood fats, fight against acne, provide nutrition and unchoke the intestines.
This type of tea is the second generation of Yunnan Pu'er tea which has very good beautifying and slimming function . It also possesses other great functions which can benefit customers health. This Chinese tea has eight variety of tea for customers to choose. It offers customers very favourable price and it is packed in small piece so that customers can choose conveniently one or two packs for daily drink.
This product has sold tens of thousands in China and received very positive comments from customers. This type of tea tastes very good and has very good quality.
Price: usd0.2 ( freight not included)
We guarantee that this product is directly from the real manufacturer and very good in its quality. If you want to know more about this
Chinese tea, welcome to contact me at
Company Contact:
Contact Name: Yazi Zhang
Company Name: Yazi Shopping Bar
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Fax: 0755-26961217
Street Address: Bd, Building 102,
Taoyuan, Nanshan District, Shenzhen
Member name: Yazi
Member Since: 12 December 2008
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The Meaning of RNA
You have found the definitive source for the meaning of RNA. This page contains all the definitions of RNA, crowd sourced, moderated and curated by real people who care about the true definitions of RNA.
The Top Definition of RNA
The most popular meaning of RNA is: Ribonucleic Acid
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What is RNA?
RNA is Ribonucleic Acid
RNA Means
The definition of RNA is "Ribonucleic Acid".
RNA Definition
The meaning of RNA
RNA means Ribonucleic Acid.
Now you understand the definition of RNA - RNA means "Ribonucleic Acid".
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What does RNA mean? RNA is an acronym, abbreviation or slang word that is explained above. If you ever forget what RNA means, just come back to Slang.org and we'll define any acronym you need help with.


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Did the dogs come from dog meat farms or from puppy millers, hoarders, & dogfighters? SEOUL, South Korea––Has Humane Society International thus far in 2015 bought out three South Korean breeders of dogs for meat, or several puppy millers breeding primarily for the pet trade, and/or … [Read more...]
Foot-and-mouth disease spreads; Indian outbreak of foot-in-mouth disease may inhibit global vaccination effort
NEW DELHI––Erratic performance from some Indian-made vaccines may be undercutting foot-and-mouth disease eradication efforts throughout the developing world, potentially threatening the lives of millions of cattle, sheep, pigs, and other hooved animals. The alleged vaccine failures might also … [Read more...]
Canine influenza, dog meat, & the rescue connection
CHICAGO––An outbreak of an Asian strain of canine influenza, H3N2, not before seen in the U.S., has hit more than 1,300 dogs in the Chicago area, spreading from Illinois into Wisconsin, Ohio, and Indiana. But contrary to widespread rumor, there is no hard data yet, nor even strong circumstantial … [Read more...]
More medical warnings link dog meat to rabies
MANILA––Philippine, Chinese, and international public health media in mid-March 2015 warned that eating dogs can spread rabies, after at least 13 people ate meat from a rabid dog in Cabatangan village, Zamboanga, the Philippines. Summarized Robert Herriman of Outbreak News Today on March 15, … [Read more...]
South Korean activists protest against eating dogs during Papal visit
In South Korea, not only are many Catholic priests fans of dog meat, they often encourage their congregation to go out and eat dog meat and even sell dog meat at their church bazaars. Fed up with their hypocrisy, members of several animal rights groups in South Korea protested on August … [Read more...]
"Stamping out" fails again to stop bird flu in South Korea
DAEGU, South Korea––Less than six months after South Korea killed 13.8 million poultry to try to stop the spread of the H5N8 avian flu, cases have reappeared in three central and southern provinces, whetting fears that farmed birds throughout the nation may be at risk. The … [Read more...]
Indictment recommended in South Korean dog meat case
BUSAN, South Korea––A potentially precedent-setting criminal prosecution of a South Korean dog meat vendor may be imminent, Korea Alliance for the Prevention of Cruelty to Animals translator April Kim posted to the Asia Animal Protection Network on April 13, 2014. On February 9, 2014, Kim … [Read more...]
Police respond––slowly––to complaints about dog slaughter in South Korea
BUSAN, South Korea––Attempting to invoke lightly enforced existing laws to try to close the Gupo and Nopodong live markets in Busan, South Korea, the Korea Alliance for the Prevention of Cruelty to Animals was on February 9, 2014 disappointed by a purportedly slow and … [Read more...]
South Korea kills 1.6 million pigs, cattle, & dogs in fight against foot and mouth disease
SEOUL––Water taps spat blood on New Year's Day 2011 in Paju, Gyeonggi Province, South Korea, "just one day after some of nearly 1,000 pigs within a 500-meter radius of a foot-and-mouth-hit livestock farm were buried alive to prevent further spread of the disease," reported Park … [Read more...]