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June 10, 2011
PEERLESS INDUSTRIES, INC., PLAINTIFF,v.CRIMSON AV, LLC; VLADIMIRI GLEYZER, DEFENDANTS.
Peerless Industries, Inc. filed a complaint against Crimson AV, LLC and Vladimiri Gleyzer alleging, among other claims, tortious interference with contract entered into by Peerless and one of its suppliers.*fn1 Peerless has filed a motion for a preliminary injunction to enjoin defendants from selling or offering to sell products received in breach of the supply agreement. A hearing was held on the preliminary injunction on June 7, 2011. For the following reasons, Peerless's motion for a preliminary injunction [# 23] will be denied.
Peerless is one of the leading manufacturers of audio-visual mount equipment in the world. It sells premium audio-visual mounts primarily to distributors and dealers who then install the mounts in buildings such as stadiums, schools, and airports. On May 23, 2007, Peerless entered into a supply agreement with Sycamore Manufacturing Co., Ltd., a Chinese manufacturer. The supply agreement includes a non-competition provision that provides that Sycamore shall not sell or otherwise provide any "Peerless Products" to Peerless's competitors:
Buyer's Exclusivity. A "Peerless Product" is one which is designed by Peerless or which is normally sold by Peerless under any Peerless Trademark or one which Supplier sells or has sold to Buyer. Supplier shall not make any Peerless Products except those to be sold to Buyer hereunder, or sell or otherwise provide any Peerless Products to anyone other than Buyer, during the term of this Agreement or at any time thereafter.
Sycamore Supply Agreement § 2. The non-competition provision further provides that Sycamore shall not sell or otherwise provide any products that are similar to "Peerless Products" during the term of the supply agreement and for one year after termination:
"Similar Products" means any mounts for any audiovisual equipment or monitors which, in Buyer's reasonable judgment, has substantially the same appearance as or reflects or contains any part of the design of any Peerless Product. During the term of this Agreement and for one (1) year thereafter, Supplier shall not sell or otherwise provide any Similar Products to anyone other than Buyer in the "Territory" consisting of North America (including Mexico) and Hawaii, nor shall Supplier sell or otherwise provide any Similar Products to anyone anywhere in the world if Supplier has reason to know that such Similar Products are intended for use in the Territory or are reasonably likely to be used in the Territory, or are reasonably likely to be used in the Territory, or previously have actually come into use in the Territory other than in insignificant quantities.
Id. The supply agreement also provides that, upon termination, Sycamore will immediately return to Peerless any confidential information and equipment that Peerless had shared with Sycamore. Id. §§ 7, 10, 12.
Sycamore manufactured and shipped products to Peerless pursuant to the Supply Agreement until March 2010. The parties do not agree upon the date of termination of the supply agreement, but the record is clear that as of March 29, 2010 at the latest, Peerless had terminated the supply agreement. Thus, under the terms of the supply agreement, Sycamore was no longer permitted to manufacture Peerless Products and was prohibited from manufacturing and shipping any Similar Products to North America for one year.
On May 20, 2010, Crimson was incorporated as an LLC with the Illinois Secretary of State. Crimson's sole member is a Hong Kong company called Modern Century Development Ltd. The salaries of its officers and office expenses, however, are paid by Sycamore. Vladimir Gleyzer is Crimson's managing director. He started working for Crimson on August 1, 2010, after Sycamore's president, Baohua "Tony" Jin, asked him if he would be interested in starting a company in the United States.
Jin and Gleyzer had worked together previously because Gleyzer, a former senior vice president at Peerless, had helped establish Peerless's manufacture and supply system in China. When they started working together at Crimson, both Gleyzer and Jin were aware of the supply agreement between Sycamore and Peerless. Jin had signed the agreement on behalf of Sycamore, and Gleyzer was listed as the contact person for notices to Peerless. Gleyzer had also received drafts of the Sycamore supply agreement from Peerless's counsel during the agreement negotiation process. In addition, in September of 2006, Gleyzer and Jin had signed a nearly identical supply agreement on behalf of Peerless and Kunashan North Bay AV Equipment Co. Ltd., Jin's former company.
Beginning in July 2010, Sycamore began to ship audio-visual equipment to Crimson from China. Sycamore's invoices and packing slips reflect that it sent shipments on July 8 and November 25, 2010 and on January 19, 28, and February 14, 2011. Crimson began to display products on its website and sold its products to three customers, one of whom was previously a customer of Peerless. Sycamore is Crimson's primary, but not its only, supplier.
In January 2011, Peerless received an email from an individual who purported to be the senior vice president of its largest customer. The emails stated that Crimson was selling Peerless products in the marketplace at a significant discount and that this was extremely detrimental to Peerless's business. Peerless soon determined that the emails had not, in fact, been sent by its customer. Peerless also reviewed the products offered for sale on Crimson's website. Peerless concluded that many of the products being advertised Crimson are Similar Products as defined in the supply agreement with Sycamore and that they had been shipped to Crimson in violation of the agreement's one-year non-compete provision.
A party seeking a preliminary injunction or a temporary restraining order must demonstrate that (1) its claim has some likelihood of success on the merits; (2) traditional legal remedies would be inadequate; and (3) absent injunctive relief, it will suffer irreparable harm in the period prior to final resolution of its claim. Girl Scouts of Manitou Council v. Girl Scouts of the United States of America, Inc., 549 F.3d 1079, 1085 (7th Cir. 2008). If the moving party satisfies these threshold requirements, the court must balance the threatened injury to the moving party with the threatened harm the injunction may inflict on the non-movant. Id. The court also must consider the public interest in either the grant or denial of the injunctive relief. Id.In applying these criteria, the court uses a "sliding scale" approach: if a claim is very likely to succeed on the merits, less harm to the plaintiff will be required to justify injunctive relief and vice versa. Abbott Labs. v. Mead Johnson & Co., 971 F.2d 6, 12 (7th Cir. 1992).
To prevail on its motion for injunctive relief, Peerless must first show some likelihood of success on the merits. This is a low threshold, requiring only that Peerless's chances of prevailing be "better than negligible." Meridian Mut. Ins. Co. v. Meridian Ins. Group, 128 F.3d 1111, 1114 (7th Cir. 1997) (citations omitted). In order to succeed on a claim for tortious interference with contract, a plaintiff must establish (1) the existence of a valid and enforceable contract, (2) defendants' awareness of the contract, (3) defendants' intentional and unjustified inducement of a breach of the contract, (4) subsequent breach of contract caused by the defendants' conduct, and (5) damages. See, e.g., Dopkeen v. Whitaker, 926 N.E.2d 794, 797, 399
Ill. App. 3d 682, 339 Ill. Dec. 319 (2010); Burrell v. City of Mattoon, 378 F.3d 642, 651--52 (7th Cir. 2004).
To prevail on its tortious interference claim, Peerless must show that the contract between Peerless and Sycamore was valid and that it was breached. That contract is a restraint of trade, which is disfavored by common law. See, e.g., Cent. Water Works Supply, Inc. v. Fisher, 608 N.E.2d 618, 621, 240 Ill. App. 3d 952, 181 Ill. Dec. 545 (1993). Under Illinois law, a valid restraint on trade may be based on the sale of a business or "any other analogous circumstance giving one party a just right to be protected against competition from the other." More v. Bennett, 29 N.E. 888, 891, 140 Ill. 60 (1892). It is well-established that to be enforceable, a restrictive covenant must be reasonable. Bus. Records Corp. v. Lueth, 981 F.2d 957, 961 (7th Cir. 1992); Hamer Holding Group, Inc. v. Elmore, 560 N.E.2d 907, 915, 202 Ill. App. 3d 944, 148 Ill. Dec. 310 (1990); Union Trust & Sav. Bank of E. St. Louis v. Kinloch Long-Distance Tel. Co. of Mo., 258 Ill. 202, 207 (1913). The terms of a restrictive covenant (1) must not be greater than necessary to protect the employer, (2) must not be oppressive to the employee, and (3) must not injure the general public. Liautaud v. Liautaud, 221 F.3d 981, 987 (7th Cir. 2000)(collecting Illinois cases). Courts must also consider the propriety of the restrictions in terms of their length in time, their territorial scope, and the activities they restrict. Cambridge Eng'g, Inc.v. Mercury Partners 90 BI, Inc., 879 N.E.2d 512, 522, 378 Ill. App. 3d 437, 316 Ill. Dec. 445 (2007); Lueth, 981 F.2d at 961. Whether a restrictive covenant is reasonable is a question of law to be decided by the court. Liautaud, 221 F.3d 986. Reasonableness cannot be determined in the abstract, however, and it necessarily depends on the unique facts and circumstances of each case. Id. at 987.
The parties agree that all of the products at issue must be considered under the provision in the supply agreement that bars Sycamore from selling Similar Products for one year after termination of the agreement. The language of the competition provision is very broad. It bars Sycamore from selling any audiovisual equipment that has substantially the same appearance as or reflects or contains "any part of the design of any Peerless Product." Thus, the feature of the Peerless Product that appears in the Similar Product need not be aesthetically or functionally significant to the Peerless Product or the Similar Product. Nor does it need to be likely that one product could not be distinguished from the other in the marketplace. Finally, the determination of whether any equipment can be considered a Similar Product shall be made according to Peerless's "reasonable judgment."
Nicholas Belcoure, the vice president of North American sales for Peerless, testified regarding the business interests that Peerless seeks to protect through the restrictive covenant in the supply agreement. Belcoure explained that Peerless sells "premium" audio-visual equipment and that its relationships with its customers will be harmed if they believe that they can purchase a similar product at a significantly cheaper price from Crimson. Belcoure testified that Peerless sells its products primarily to professional distributors and installers, rather than individual customers, and therefore the success of Peerless's business model is dependent upon maintaining solid relationships with its high-volume customers. Belcoure asserted that because the identified Crimson products have the same appearance as Peerless's "staple" products, confusion between the two companies' products in the marketplace would be damaging to Peerless's sales and customer relations. Belcoure further testified that, from a "sales perspective," a Similar Product is product that a customer would mistake for a comparable Peerless product. He explained that the Similar Products that Peerless has identified in this litigation have features that are unique to Peerless products and that these features are used for sales differentiation between products.*fn2
James Walters, the director of customer product development at Peerless, identified approximately 41 Similar Products in Crimson's inventory by applying a more technical standard. Walters testified that he understands Similar Products to include "anything based on looks, aesthetics, or functionality based on current or previous Peerless products." Some of the Crimson products that Walters identified had a very similar appearance as a Peerless product. Others did not, but shared design features such as the use of a multiwasher as a component of the product. Walters explained that a Crimson product may be "similar to" a Peerless product even if a customer would not confuse the two products in the marketplace.
According to Illinois common law principles the covenant restraining the sale of Similar Products is unenforceable. The restrictive covenant is only reasonable if its terms are "not . . . greater than necessary" to protect Peerless's interests. Liautaud, 221 F.3d at 986. The scope of the products included in the restrictive covenant are beyond what is necessary to protect Peerless's business interest. Belcoure testified Peerless's primary business interest is to protect itself from the sale of less expensive but substantially similar products to Peerless's customers. A subset of the Similar Products identified by Peerless, however, contain more difficult-to-detect design similarities that Peerless does not identify as significant from a sales perspective. Peerless has not shown that the sale of a product that reflects "any" part of the design of its products will harm its interests in the marketplace.
Moreover, the scope of products that Sycamore is barred from providing is unworkably difficult to determine. As Walters' testimony showed, Peerless's determination of what constitutes a Similar Product entails a detailed analysis of the various design features of each product at issue. Walters testified that his opinion had changed as to whether certain products were, or were not, Similar Products as he completed his review of the design specifications and product samples made available to him. It is unfairly burdensome to expect Sycamore to review not only all of its products, but also all of Peerless's current and prior products, in enough detail so as to identify "any" part of "any" Peerless Product that is "reflect[ed]" in a Sycamore product. Finally, if the determination of what constitutes a Similar Product shall be made solely according to "Peerless's reasonable judgment," then the non-competition provision may like the sword of Damocles restrain Sycamore from producing any competing product rather than risk liability.
Peerless argues, to the contrary, that under Illinois law it would have been reasonable to bar Sycamore from selling all audiovisual mounting equipment and that the supply agreement is less restrictive than what could be permitted. The cases cited by Peerless are either factually distinguishable or are not directly on-point. See Bus. Records Corp. v. Lueth, 981 F.2d 957, 961--62 (7th Cir. 1992) (covenant not to compete with former employers' business was ancillary to the sale of a business); Advent Elec., Inc. v. Buckman, No. 95-305, 1996 U.S. Dist. LEXIS 84747, at *54 (N.D. Ill. June 24, 1996) (enforcing restrictive covenant without analysis of the reasonableness of its terms); Central Water Works Supply, Inc. v. Fisher, 608 N.E.2d 618, 240
Ill. App. 3d 952, 181 Ill. Dec. 545 (1993) (covenant not to compete was part of shareholder agreement that was ancillary to the formation of a business).*fn3 Indeed, courts have not been willing to enforce a blanket ban on competition in a given market. Arco, Inc. v. Haas, 842 N.E.2d 265, 273--74, 363 Ill. App. 3d 396, 299 Ill. Dec. 526 (2005) (shareholders' covenant that prohibited share purchaser from being involved in "any business or venture that sells products competitive to those of [restricting company]" was a "blanket prohibition on competition"); Kempner Mobile Electronics, Inc. v. Sw. Bell Mobile, No. 02 C 5403, 2003 WL 1057929, at *23
(N.D. Ill. Mar. 10, 2003)(covenant barring cellular services distributor from selling "any competing cellular product to anyone" was not reasonably tailored to protect the interest of cellular services provider); Stunfence, Inc. v. Gallagher Sec. (USA), Inc., No. 01 C 9627, 2002 WL 1838128, at *7 (N.D. Ill. Aug. 12, 2002) (restrictive covenant that resulted in distributor's "wholesale exclusion from his chosen field" was not enforceable). In sum, on the record before it, the court is left to conclude that the covenant not to compete is overly broad and beyond that necessary to protect Peerless's legitimate business interests. There is negligible likelihood that Peerless can prove breach of the supply agreement, an element of its tortious interference claim.
Peerless has also failed to demonstrate that traditional legal remedies are inadequate or that it will suffer irreparable harm if an injunction is not ordered. By Peerless's own calculation, Sycamore was allowed to ship Similar Products after March 29, 2011 under the terms of the supply agreement. Illinois courts are reluctant to extend the time period for a non-compete provision, in part because restrictive covenants are to be strictly construed. See Citadel Inv. Group, LLC v. Teza Techs. LLC, 924 N.E.2d 95, 104--06, 398 Ill. App. 3d 724, 338 Ill. Dec. 235 (2010). Peerless's supply agreement does not include language regarding an extension of the non-compete period, and Peerless has not demonstrated that the unique circumstances of this case justify an extension absent explicit contractual authorization. Thus, the damages that Peerless may have incurred as a result of Sycamore's shipment of Similar Products prior to March 29, 2011 are readily quantifiable. Since Sycamore is no longer prohibited from providing or selling Similar products to Crimson, Peerless cannot argue that it will suffer irreparable harm prior to the resolution of its other claims against Sycamore and Gleyzer. Therefore Peerless has not satisfied the requirements for the threshold phase of the court's preliminary injunction analysis, and its motion must be denied. See Girl Scouts, 549 F.3d at 1085--86.
For the foregoing reasons, Peerless's motion for a preliminary injunction [#23] is denied. This case will be called for a status hearing on June 28, 2011. Crimson's motion for judgment as a matter of law is continued to June 28, 2011.
JOAN HUMPHREY LEFKOW United States District Judge
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The second volume of this book was prepared by 78 contributors, several of whom are European. As in the first volume, each author wrote a chapter on the subject in which he was especially interested. Because there are so many authors, there is some unevenness. Some of the chapters are very long, and others are very short. The chapter on androgen therapy in gynecology occupies 31 pages, but the chapter on nonfunctioning benign tumors of the ovary takes up less than two pages, including the list of references. The chapter on hormone assays contains six pages of text and two and a half pages of references. In spite of the title of the book, three chapters are devoted to obstetrics. One deals with diagnostic tests of pregnancy, another with hydatidiform mole and chorioepthelioma and the third with threatened abortion.
Because nearly all the contributors are outstanding authorities, most of the
Progress in Gynecology, Volume II. JAMA. 1951;145(4):271. doi:10.1001/jama.1951.02920220079032
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One of the biggest questions concerning on-the-ground non-profits and charities is what is going to happen when the founders step aside or can no longer do the work.
At the Integral Heart Family we have a solution to this question already manifesting through a group of six senior students who are carrying on our mission and vision in the best way imaginable.
Today we will tell the story of one of our senior students, Saul, and how our Critical Thinking and Philosophy classes made him one of our brightest stars and also changed his future.
Saul is 21 years old and currently studying to be a psychologist. He lives in Jocotenango (a dangerous slum area) which is about three miles from Antigua, with his dad, grandmother, two aunts, one cousin, his girlfriend and his little dog Rex.
When Saul was 9 years old, his parents divorced and his mom decided to completely abandon him and his two brothers. Saul has also a sister, but when she was born she was adopted by a relative of the family who couldn't have children.
Although the mother would come once in a while to visit, she never supported any of the needsof her other children. This left Saul's dad with all the responsibilities for food, health, clothes, housing and school. Nonetheless the father, a mason, always wanted his children to study and to have better opportunities than he did.
But at that time Saul had a very different opinion than that of his father.
He did not like to go to school and even had to repeat some school years. When it came time to attend high school, Saul suggested dropping his studies and going to work, but his dad would not allow him to do so.
But then, in the middle of his first year of high school the expenses were too much for his dad so Saul had to stop in the middle of the year.
So his dad brought Saul with him to work as a mason's helper. On one hand, Saul began to understand the sacrifices his dad was making in order for him to continue to study; he didn't fully understand it but thought that if he was going through so much trouble there must have been a good reason to do so.
On the other hand and after months hard work, Saul decided that he didn't want to spend the rest of his life doing manual labor and that the only way out was to get a college education.
He also didn't want his dad to feel that he had failed Saul for not being able to give him a proper education. So, over the next year and with some effort and money saved he began studying again.
This is now 2012, the same year that we met Saul for the first time. He began studying at a school run by another local charity in which he didn't have to pay monthly fees, only books, uniforms and materials. But, as he tells us, he was just going through the motions with little genuine interest.
At that same school we were teaching philosophy and critical-thinking concept to the students of the graduating class. Saul came into this class and, in his own words, was fascinated about the "crazy stuff" we were talking about and how he never in his life had thought about any of this before.
He joined the class and we quickly noticed his great interest. His curiosity and interest in the philosophy class helped him to develop his interest in his other subjects and he went from not wanting to attend to school to wanting to go to college, and even beyond that.
Because of the generosity of Sustaining Sponsors of the integral Heart Family, Saul could find sponsors who paid for his studies and he has been with us constantly since 2012.
Today he is studying to be a psychologist; he quit an earlier idea to be an auto-mechanic because of this love of philosophy. He is also a part of an intense program run by the our foundation called the Isa's Kids. In this program six of our philosophy superstar students have embarked on a three year journey of intensive, full time training to be teachers.
As part of this training, they also tutor the youngest students of the Integral Heart Family and also help them with their homework since many of their parents don't know how to read or write.
These changes in Saul, his sense of responsibility, reliability and courage has far exceeded our expectations and this year he has represented us in some official events here in Guatemala. In his own words:
"Now I realize that life offers us many options and we only have to find out what is it that we really want for ourselves and others. I understand now that in the same way I am being guided through this healthy path and I, too, can eventually guide others too.
In Integral Heart I found a way out towards a different way of living. I learned that in this life we are the only ones who place our limits on ourselves and others. We are the ones who prevent ourselves from doing great things. I also learned that in order to achieve something we need to act.
I have received psychological, nutritional, and financial support. And now I am even more eager to keep learning as many things as I can (because you never can stop learning), to keep growing as a person and to help others as much as I can."
Thank you so very much for making this possible because without you Saul would probably be working as a masons helper today. And there are many other 'Sauls' that you are helping, so thank you very much.
Ethics and morals form the basis of our values.
At the Integral Heart Foundation we think that although intellectual and academic achievements are important, they don't have significant value if they don't go hand in hand with moral development.
Our senior students are going through a 3-year full-time intellectual program, helping us in La Academia (our school in Guatemala) with the younger students in tutorial classes and they also participate and serve others in the community. In doing so, their hearts are expanding and so are their views and perspectives in life in regard to tolerance, other cultures, philosophies, ways of thinking and customs.
In the last three months theyhave also helped us with our families, not only at the school but also doing social visits with our social worker to the homes of our sponsored students. Seeing the homes of the little ones made them think a lot about what to expect of them when are in our classes and this is teaching htem to be more considerate.
The senior students have also visited a school in their own neighborhood, which they were not aware of, for deaf-mute children whose families have a humble background. Since that visit they have become interested in learning their language as they realized how difficult it was for them to communicate with their peers because they never thought about speaking with sign-language.
Our senior students are also volunteering in clinics that operate on Sundays by local charities specializing in animals, pets and street dogs; to neuter/spay animals who come from financially poor families or even directly from the street. They spend their Sunday's helping to make these clinics happen.
We are so proud of these amazing students and all they can teach to the younger ones, not only with their own learning and experiences but also by example.
We think they are on a great path to make Guatemala a better place and they are the ones who are going to teach the younger generations how it can be done!
To all of you who are trusting us to make this happen, thank you so much, your heart and donations are making a big difference at all levels in this small community.
From the bottom of our hearts Thank You!
This year is full of great surprises for the Integral Heart Foundation. We could finally fulfill one of our biggest dreams which was to open our new learning center. As an outcome of this event, a second dream also came true; that our senior students began teaching the younger generation. Guatemalans teaching Guatemalans.
One of the programs of the Integral Heart Foundation is called "The Isa's Kids". In this program six of our philosophy superstar students have embarked on a three year journey of intensive, full time training to be teachers. Until this point and for the last year all they had to do was to study. But because of the opening of our school "La Academia" in honor of Plato's Academy, these six superstars are also teaching and tutoring to the younger ones.
They help them with homework study, with difficulties they are having in various school subjects and also in meditation and philosophical questions. The senior student were a big part in the opening of the school. They are beginning to be what we have always dreamed for them to become and they are doing so which such love and dedication that we couldn't be prouder of them.
Now, and because of them, our critical thinking class has expanded not only to just one day a week but to everyday. And not only that, they are reaching younger students and beginning to train them in this art. We are very excited to see how this unfolds and what kind of new philosophers will come out of these programs.
We would like to truly appreciate the input and support of all of our donors. It is because of you this training was and continues to be possible.
From the bottom of our heats thanks to you all.
The end of the year is here and with it the end of our Critical-Thinking classes. As we do for the end of each school year, we invite guests to give a full day workshop to our students on topics related to awareness and deep thought in a event we have been running since 2010 called the "Wisdom Speakers Series".
This year we had the pleasure of having invited guests Renate Keller (Germany) and Kristie Simson (USA). They did an amazing event called "What moves you". This was a full day workshop on dialogue through the body and conscious relatedness.
Below you can find what they wrote after their visit and class with 30 of our students and sponsored children.
Thank you all for your support and being there for all of our families. Please have wonderful holidays and see you next year. Much love from Guatemala: Mick, Debora, Marisol and all the families at the Integral Heart Foundation.
'Renata and I landed in Guatemala City last Saturday morning and were met by Mick Quinn, who drove us west through the packed and polluted city streets towards the distant hills and Antigua.
The town of Antigua is deservedly a world heritage site, nestled in a valley surrounded by high hills and dense vegetation. Indeed the whole place is verdant to the extreme, at least it was when we saw it post rainy season. Dominating the landscape around the town are three volcanoes, two of which are extinct – the third can be seen, especially in the clear of the morning light, to be puffing smoke from it's summit. Usually as the day progresses the clouds amass over the tops of the volcanoes and we experienced afternoon downpours the last couple of days we were there.
For the first couple of days we explored the cobbled streets of the town of Antigua, taking in the mixed population of indigenous people dressed in the most incredible colored and patterned fabrics, who are living alongside a large presence of western folks. Antigua is a place that attracts tourists from all over the world, as well as many who are helping the local populations through various NGO's and church foundations.
There are a number of functioning churches in town, but more striking were the many remaining skeletons of enormous churches that once dominated the place, their ruins a result of the numerous earthquakes that have struck the region over the past few centuries. They are a constant reminder of the fragile nature of life in this area of Guatemala, a country that is seismically active. The many monasteries and nunneries that surrounded the churches seemed mostly to have been transformed into classy hotels, restaurants, and put to various other usages. They retain an air of tranquility that invades the town despite the hustle and bustle of the many street vendors, cars, motorbikes, women and families selling their home spun and richly embroidered clothes and fabrics. It is an enormously colorful scene and all the people we met had the same disarming warmth that has been characteristic of the people we have met so far on our travels.
We had come to Antigua to teach a day workshop with the children and young adults that Mick Quinn and Debora Prieto are working with through the NGO they founded called The Integral Heart Foundation. They told us their touching story of coming to Antigua on vacation 6 yrs ago and seeing a group of children returning home from school one day. They saw an incredible potential in these young spirits, yet they knew that, because of their circumstances, it was unlikely they would be able to realize it. These children's lives are mired in poverty that they have little hope of transcending without a great deal of help. Mick and Debora decided there and then to return to Antigua to start an NGO with the goal of giving these youngsters the possibility to grow and learn.
Suffice to say what we experienced in the two days we spent with them, both visiting the children's homes, and working with them all for the day, is testament to the incredible work Mick and Debora are doing that is transforming young lives in and around Antigua.
Definitely the highlight of our time in Antigua was the two days we spent with them finding out about their work. We went with them on Tuesday to visit the families of the children we would work with the following day, in villages high in the hills surrounding Antigua. These families have very little indeed. For the most part they are large with anything from 4 to 7 children, often sleeping and living in one room, with an extra room for cooking. The poorest houses are simple structures created with corrugated iron, and dirt floors. Some of the ones we saw had an extra building that had been constructed for them by other NGO's from town, affording them more hygienic living conditions. Despite their poverty the mothers we met had amazing warmth and dignity as they welcomed us into their basic homes.
On Wednesday we spent the whole day working with the young people in a large structure with a concrete floor, part of an American religious organization in Antigua. We had 35 children and young adults in ages ranging from 1 1/2 yrs, 5yrs, 7yrs, 9yrs up to 23yrs, some of whom we had met the previous day.
We were slightly apprehensive about working with such a diverse age group but we were in for a great surprise. In a word they were: extraordinary! I have NEVER in my life worked with a group of young people who were so seriously focused, open, receptive and willing to try anything. In the opening circle we asked them all what moves them and we got an impressive range of answers including; concern for the environment; animals; philosophy; studying; meeting new people and situations; Guatemalan traditions and culture; art; music; history; and wanting to better their country! We were so impressed and also deeply moved by these young people.
Even the younger ones joined in all the physical exercises and sat with us in the dialogue sessions, maintaining a focus that can be rare even in some adults. We wondered if it had anything to do with the fact that these children have had little exposure to television or other technologies to distract them from their lived experiences.
Again it was clear that Debora and Mick are doing exceptional work with them, giving them a safe space, encouragement, rigor and discipline that is supporting their learning and grow. And indeed the potential that they first saw in them six years ago is beginning to shine – we found them to be exceptionally bright, intelligent and engaged. It was an honor to meet and work with them.
And all of this is happening in the context of lives that are often fraught with suffering and pain. We heard some of their life stories that were traumatic to the extreme. This made the joy we saw manifesting in their faces as we moved together, and the attentiveness and respect they gave to each other as they listened to the dialogue sessions seem truly extraordinary and poignant.
All in all we had a fabulous day together, and we hope to be able to return to Antigua in the future to see how the foundation is progressing and what these young people are coming to in their lives.
We left Antigua yesterday at midday, saying goodbye to the astounding beauty of a very special place that had been our home for six days.'
Felipe was born into the mountainside slum of Vista Hermosa overlooking the UNESCO city of La Antigua Guatemala. His life was rough. In his hometown The weather brings water shortages and then landslides, the streets offer the constant allure of drugs, violence and gangs.
But as we all know, education is the key to taking control of your future, and this is especially true for Felipe.
"I was angry, angry at life, at my parents, at myself and somehow that anger is what kept me safe. I could protect myself, as I always used to say in those days, punch first ask questions after. I became tough-boy.
Felipe's father left them young, and as is a cultural norm in those forgotten areas of Guatemala, set his new family in the same slum on a pedestal far higher than his first, especially in Felipe's case. "I hated my dad for telling me how well my 'other' brother was doing all the time – did he not see me?" With his mom overwhelmed with work and his younger siblings, Felipe fell behind in his schooling and eventually got suspended.
Luckily, at the base of the mountainside slum there was a non-profit school for kids is such challenging positions. That is where we met Felipe in 2010. A showoff, a rebel, a bully by need, who certainly showed potential, but could not seem to get himself out of his own way.
We were offering a philosophy class at this school, and it soon became clear that Felipe, amongst others, had great interest, potential and a love of wisdom. So, working together over the following two years we made every effort to allow his inherent desire to learn to poke its head around his macho, funny-man persona.
We found Felipe a sponsor to help with his education after he graduated high-school. He seemed unusually appreciative of this, as did his mom, since part of the education sponsorship also includes a dignified monthly food basket for the family. "I can't believe someone I hardly know is paying for my studies" he said.
In 2011 we were lucky enough to be able to start our own foundation. As part of that formation we created a weekly Critical-Thinking / Philosophy class for all of our sponsored teenagers.
In the second year of these classes we spent the entire year working on a module called Ego/Shadow. This is where we learned the true meaning for Felipe of what he had told us years earlier "… punch first, ask questions after". His base emotion, anger, rode prominently on his knuckles and the whole world was paying for his suffering, and as he later realized, so was he.
The Ego/Shadow module is based in part of Freudian and Jungian theory of unconscious drives, yet it adds the power to access and allow the expression of particular aspects of the self (such as authentic and shadow anger) using a process developed by a Zen Master. Felipe's comment: "It calms me down, it helps me think more clearly, it makes me a better man."
Of course we played games with the class to help them get their minds around this complexity. The outcome for Felipe was that after about six months in this class, he was beginning to identify emotions as they arose and he could ask himself whether they were his own shadow, or if they were authentic. "This is huge!"
Then he told us a story about a kid in this technical drawing class; "The teacher was scolding him, the whole class was behind the teacher, and the kid was mortified yet I noticed I felt compassion and sorrow… this was the first time in my whole life where I noticed I did not run with the crowd and become the unconscious condemner. I was shocked to see the Ego/Shadow process working inside me. It really helped me take the perspective of this poor kid, I felt sorry for him, even though there was nothing I could do for him."
Felipe continued to attend our classes and as his macho persona softened to reveal a young man of great humility. We were offered the opportunity to start a full time, three-year, teaching-training for six of our top students. We had seven to pick from, one of whom was Felipe. But during the qualifying presentations, Felipe slipped back a little into his old ways and heckled two of the other students as they were speaking. "I assumed since I was a senior student that I would get one of the places", he later told us.
We decided that, though his heart was in the right place, he was not suitable for this long-term program. When we told him he was devastated, and he cried right in front of us, the rebel melting in the face of opportunity lost.
However, just before the kick off date, one of the other boys we selected had to move away to the south of the country so we had an opening… this was one more shot for Felipe. Needless to say, he was overjoyed, and once again, cried, yet this time, tears of joy and potential rolled down his cheeks.
Fast forward to mid-2015, Felipe is now four months into the full time, three-year, teaching-training. He is excelling, as are his peers, with the Russian classics, the history of Guatemala, philosophy, Spanish, English, and in his work with our part-time staff psychologist. He graduated with a technical drawing diploma. Felipe now holds his head high, a confident young man, who knows that potential, when seen and cultivated, can be grown and harvested for the great benefit of his fellow countrymen and women.
He still lives with his mom in that slum. He carries pepper spray and has learned to channel that fountain of energy into kickboxing and soccer. And it's been over two years since he came to class with a bruise.
We expect him to be a great teacher and a powerful living example of transformation.
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Pierre & Vacances Cap Esterel Holiday Village
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... the steamy city and the port from Mount Juic. It's a hot place but there's a pleasant breeze all the time which makes it quite manageable.� I realize how helpful my french has been up to this point now that I'm in a different country but the people are friendly and helpful and beautiful. After checking in to the best hostel yet (and really central) we walked 20mins thru the city and down Las Ramblas to dinner. Once again,� the streets were buzzing and heat just seems ...
The Griswold's European Vacation
... to a new level that night (especially in the empty restaurant), but nothing beats a bar crawl in Paris with your family.. so we didn't care.
Early the next morning, we packed up our bags and headed to the train station ready for a relaxing few days in the French Provence. Again I was impressed with how smoothly our travel plans on the train worked for all 12 of us. Although we did almost miss our stop, and I had to quickly rush my family out of the train and remind ...
An abundance of riches
... are billionaires. Why not go for a weekend wander along the dock and have a look for yourself?
Of course, if you've got a yacht parked in Antibes or Monaco, you can't just live onboard. You'll need a place to call your own on shore. When we first arrived in Villefranche, I was impressed by many of the homes up the hill from our apartment. I realize now that the wealthiest ...
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... with water from a fountain and putting it on my head.
It was a fun, silly moment. I loved it.
The rest of the day was pretty much the same as yesterday.
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Sun on our faces, cameras in our hands.
We shared a banana split on the boardwalk.
Watched the millions of people go by.
Simply wonderful.
We were spoiled for choice for our second day trip. The possibility of Cannes, St Tropez, Menton, anywhere we wanted to go. But Nat had befriended an old man on the plane who had suggested Antibes, I small town right near by. We got out the technology, googled this place like it was Mordor and got together a game plan reading the usually tourist reviews which start with 'DON'T GO THERE, THEY DON'T SPEAK ENGLISH!' Well, I hate to be ...


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10/31/2013 (3 years ago)
Harvesting the Fruits of contemplation (harvestingthefruitsofcontemplation.blogspot.com/)
Forgive me Lord, my heart is heavy.
The continuation of Perpetual Eucharistic Adoration is in jeopardy.
Harvesting the Fruits of contemplation (harvestingthefruitsofcontemplation.blogspot.com/)
10/31/2013 (3 years ago)
Published in Blog
Keywords: Eucharist, Eucharistic Adoration, Lord, God, heart, need, love, pray,
CANASTOTA,NY - For more than a decade I have coordinated Perpetual Eucharist Adoration
in one parish and have tried to promote this most needed devotion
elsewhere - often running into lukewarm support or outright opposition.
The continuation of Perpetual Eucharistic Adoration as we have come to treasure It in this particular parish and to which many of us have devoted the past twelve years of our lives is now in real jeopardy.
Why? This is the question we keep asking ourselves.
There are more than 850 parishioners and at least another 12,000 "registered" Catholics within an 18 mile radius of this chapel. Yet we struggle to keep our Lord company during the 168 hours that comprise each week.
Chapel of Perpetual Eucharistic Adoration
A blog through which I promote zeal for the salvation of souls, awe and amazement for the Holy Eucharist and Eucharistic Adoration, and fidelity to the Truths of our Catholic Faith.
By Norm LeDonne
Temptations take many forms. Some are quite overt, as in viewing people as objects to satisfy our pleasures instead of as children of God - the sin of lust. Or, being so jealous of others and whatever they have that we wish they would lose their material and/or ... continue reading
By Tara K. E. Brelinsky
Standing wide-eyed before the big guy, my little boys conducted themselves like little cherubs. There was no pushing, shoving or fussing, just smiles and polite conversation. They were on their best behavior for the few minutes it took them to tell the jolly old ... continue reading
By Norm LeDonne
As we go through life, it can sometimes be easy to forget about God. We get wrapped up in our every day comings and goings, dealing with the issues right in front of us. Sometimes we even try to blunder through our problems on our own, with an "I don't need anyone's ... continue reading
By Chaplain Adele M. Gill
I don't know about you, but sometimes I get a little anxious when things don't run smoothly or as expected. Other times, I am even overwhelmed by a series of "What-ifs." Certainly neither is helpful, and may even become stumbling blocks to being able to embrace what ... continue reading
By Norm LeDonne
Every minute of every day we are given a choice as to how we want to live. Will the path we choose be that of the world, seeking wealth, fame, money, and power? Or will the way be that of Jesus, as a servant, as one who loves all mankind, as one who gives up worldly ... continue reading
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Though ones' focus and purpose can and do often change throughout a lifetime, the fact remains that God has a series of purposes and plans for each of us. But it is important for us to want to have a purpose. Understandably, many people find it especially hard to ... continue reading
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How do you read the Gospels? I know that I sometimes read them like a reading assignment, just wanting to finish the chapter. Sometimes I read the verses, trying to understand the spiritual message the evangelists were trying to convey. Sometimes, I try to put myself ... continue reading
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Adobe has released updates for critical vulnerabilities found in GoLive 9 and Illustrator CS3. An attacker who successfully exploits these could take control of the affected system.
According to Adobe, opening a crafted .bmp, .dib, .png, or .rle file in Illustrator is sufficient to become infected with malicious code. In GoLive, this additionally requires the user to paste such a file into a GoLive document (an HTML file). The cause of the problem is a heap overflow when processing any of these file formats.
Additional links:
Full Bio
Paul Mah is a writer and blogger who lives in Singapore, where he has worked for a number of years in various capacities within the IT industry. Paul enjoys tinkering with tech gadgets, smartphones, and networking devices.


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I had another great week for books. I'm excited to read every single one that I got - I actually just finished A Little Wanting Song, which was really good. There won't be an IMM post from me next week as I'm at a Vampire Diaries convention all weekend, but I'll do a double post the week after.
So here's what was in my big red post box this week!
- Half Upon a Time by James Riley (Thanks James!)
- The Jumbee by Pamela Keyes (US ARC)
- My So-Called Haunting by Tamsyn Murray
- The Body at the Tower by Y. S. Lee
- Firebrand by Gillian Philip
- Mockingjay by Suzanne Collins (I prefer the US editions, and this completes my collection!)
- Nevermore by Kelly Creagh
- The Ivy by Lauren Kunze with Rina Onur
- A Little Wanting Song by Cath Crowley
- The Iron Daughter by Julie Kagawa
Happy reading, everyone!


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Naperville News
Local news for Naperville, IL continually updated from thousands of sources on the web.
Then and Now: How Did Your Favorite 1970s Stars Hold Up?
Fracking: Progress or Poison?
Same Sex Marriage: It's Officially Legal
Naperville news is powered by NewsRank™
Updated: Fri Dec 09, 2016 06:30 pm
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- Overview
- Specs
- Reviews
Craft Women's Belle Short Sleeve JerseyDeveloped for true cyclists who love competitive and casual rides, the Craft Women's Belle Jersey is made with high-performance fabric, advanced body-mapping and an ergonomic design for fantastic cooling and freedom of movement. Lightweight polyester fabric with six open channels is fast-wicking, quick-drying and keeps you comfortably cool. UPF 50+ on the shoulders and back provide strategic sun protection, mesh inserts increase airflow and soft, elastic materials enhance mobility. ¾ length zip helps to regulate core temperature and silicone-printed back hem stays in perfect position. Three back pockets carry the essentials and secure zip pocket is wired for use with headphones.
- Lightweight micro-polyester fabric with a 6-channel fiber construction effectively pulls perspiration vapor off the body for efficient cooling
- Body-mapped mesh inserts with Mesh Superlight fabric provide active cooling and moisture transport in strategic areas
- Soft, elastic fabrics for optimal fit and comfort
- Ergonomic design creates a perfect riding-position fit
- Stylish sublimated graphics
- ¾ length zipper provides generous ventilation
- UPF 50+ on shoulders and back
- Soft, ergonomic sleeve openings
- Silicone-printed back hem stays in position
- 3 back pockets
- Zippered back pocket
- Hole in back pocket for routing headphones
Craft Women's Belle Short Sleeve Jersey
- fabric:
- Fabric 1: 94% Polyester/6% Elastane; Fabric 2: 91% Polyester/9% Elastane; Fabric 3: 95% Polyester/5% Elastane
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- Race/Form-Fit
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- Silicone Gripper (back only)
- pockets:
- 3 back/1 zippered back
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- Raglan
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Extra 20% Off Clothing, Shoes, Helmets, and Sunglasses: Valid at Performancebike.com, in-store, and by phone 12/9/16 - 12/11/16 only. Discount taken in cart off the lowest marked sale price and applies to clothing, shoes, helmets, and sunglasses. Some brand and/or item exclusions may - visit Terms and Conditions for details. 20% discount does not apply to sale tax, or shipping and handling for online and phone orders. Offer is not valid on previous purchases. Sorry, no rainchecks. Photographic, typographic and pricing errors are unintentional and subject to change.


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<concept design + interactive art>
Winner of the iF Concept Award 2010, UK based Canadian designer, Vanessa Harden (b.1980) graduated from the Ontario College of Art in Toronto with her BDes in jewellery and metalsmithing. She has since been linked to various educational institutes, such as the MIT Media Lab, and Hexagram Labs at Concordia University. Vanessa recently obtained her Masters degree in Design Interactions from the Royal College of Art in London.
Her work explores mainstream design processes by applying these to niche groups. Her projects identify areas within subcultures that can be explored through design, and enable the creation of instruments inspired by the unique behaviours of each specific group. These artifacts enhance social interaction and serve as metaphors, exposing the broader subtleties of human social conventions. Her practice questions the role design plays in the lives of those who live on the fringe of society.


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TRADITIONAL FATHER CHRISTMAS GROTTOToday
Experience our Traditional Father Christmas Grotto in the decorated Railway Station at Milestones Living History Museum. Your children can spend 10 minutes chatting to Father Christmas and each child aged 0 - 15 years will receive a gift appropriate to their age from Father Christmas. A visit to Father Christmas costs £3.50 per child aged 0-15 years. Each 10 minute booking is for up to 4 children.
Calling all Chocoholic Cookaholics!Today
Two Guys Kitchens are pleased to announce their first Cookaholics Club Event. Tyrone Hull of "The Hampshire Confectioner" will be hosting a live Chocolate demonstration and tasting session at Two Guys Kitchens Showroom. If you are interested in attending please contact Two Guys on 01256 363123
Sherfield School Christmas Fair 2016Today
More than 35 stalls and a lot of festive activities including food, arts and crafts, jewellery... the Magical Santa's Grotto and a real reindeer Entrance is free for children and £2 for adults: all the proceeds from entry will go to charity Scotty's Little Soldiers.
Basingstoke MarketToday
Twice weekly market in market place, Winchester Street. All the regular stalls you'd want to find.
Gift wrapping marathon at Toys R usToday
We are back with the lovely people from Toys R us where we will be holding our gift wrapping marathon! We will wrap any presents brought to us for a small donation towards Muffin's Dream! We are looking for volunteers who are willing to hold a bucket, wrap a present, sort selloptate or spread the word about Muffin's to customs! You don't need good wrapping skills to join! So if you have a spare day, hour or even 10 minutes we would love to see come on down and support us in our challenge! Let's see if we can smash last year's total of £2,000 and raise lots of muffin money!
Let's GO construction clubToday
Do you love making things using Lego®bricks? All budding builders are very welcome to come and join in our Saturday afternoon sessions between 2pm and 4pm.
Christmas Family Prize BingoToday
Christmas Family Prize Bingo Night £5 per adults - £2.50 for kids Food Included
Mayor's Carol Service 2016Today
The Mayor, Cllr Jane Frankum is holding a traditional Carol Service, which will be led by the Reverend Arthur Botham, the Mayor's Chaplain and they will be joined by the Bishop of Basingstoke. All welcome There will be no charge to attend although donations would be appreciated for the programme and refreshments. Any money raised on the night will be donated to the Mayor's Charity Appeal 2016/17 Please note that there is no parking available at the church
Sunday Tea Dance11/12/2016
Ballroom, Latin American & Popular Sequence Sunday 10 June 2:00pm - 5:00pm Chineham Village Hall Thornhill Way, Chineham, Basingstoke, Hampshire, RG24 8YE Tickets: £6.00 per person (Purchase in advance only) Including Tea & Cakes Raffle in aid of Chineham Village Club
Christmas Fundraising Afternoon Tea11/12/2016
Come along and join us for an afternoon of tea, coffee, cakes and stall holders to raise money for Muffins Dream Foundation Everyone Welcome, share with your friends, family, neighbours and collegues. We are looking for stallholders for this event £10 a table please contact email@example.com if you would like a stall.


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Posted: Friday, November 11, 2016 10:10 AM
We are hiring ladies for private party, escort and adult video work. Send your photos, age, measurements and phone number when you reply. All types of looks sizes and races and ages wanted.
• Location: all.over, Los Angeles
• Post ID: 60664321 la


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Sergeant Rutledge (1960)
Sergeant Rutledge Videos
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Movie Info
Watch it now
as Sgt. Braxton Rutledge
as Lt. Tom Cantrell
as Mary Beecher
as Mrs. Cordelia Fosgate
as Sgt. Matthew Luke Skidmore
as Col. Otis Fosgate
as Capt. Shattuck
as Lt. Mulqueen
as Capt. Dwyer
as Capt. Dwyer
as Capt. MacAfee
as Capt. Dickinson
as Nellie
as Chandler Hubble
as Dr. C.J. Eckner
as Lucy Dabney
as Chris Hubble
as Sam Beecher
as Sergeant
as Spectator
as Spectator
as Mr. Owens
as Chris Hubble
as Juror
as Laredo
Critic Reviews for Sergeant Rutledge
All Critics (6) | Fresh (6) | Rotten (0)
Extraordinary Western works at all levels, as rousing story telling, visual beauty and Civil Rights drama.
Noted as the first major Hollywood western to feature an African-American hero.
An astonishing film not only for its sheer visual and narrative excellence but also for its early acknowledgement of race relations in America.
Effective anti-racist western from Ford.
Audience Reviews for Sergeant Rutledge
now i know where Mel Brooks got idea 4 colored sheriff in 'blazing saddles' this is 1st major western to feature a black lead character
74% "Why, you cheap, contemptible, tin plated, book soldier!"-Mary Beecher (Contance Towers) Western courtroom drama, with the defendent being...a black man.
Great courtroom drama with the action unfolding in a manner most fitting. Woody Strode excels here as the title character with lots of social commentary on the Civil Rights movement of the time this film was made. I got chills when the soldiers sing about Captain Buffalo during one scene.
Sergeant Rutledge Quotes
|Col. Otis Fosgate:
|Uphill... moving target... service pistol... I might have missed him myself.
|Lt. Tom Cantrell:
|'Well, that closes our book Miss Beecher!'
|Lt. Tom Cantrell:
|Well, that closes our book Miss Beecher!
Discussion Forum
Discuss Sergeant Rutledge on our Movie forum!


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GNC Holdings Inc. (GNC) Receives $25.89 Consensus Target Price from Brokerages
Shares of GNC Holdings Inc. (NYSE:GNC) have been assigned a consensus rating of "Hold" from the seventeen analysts that are covering the company. Two equities research analysts have rated the stock with a sell rating, thirteen have assigned a hold rating and two have given a buy rating to the company. The average 12-month price target among brokerages that have issued ratings on the stock in the last year is $25.89.
A number of research firms recently weighed in on GNC. JPMorgan Chase & Co. reaffirmed a "hold" rating and set a $25.00 price target on shares of GNC Holdings in a research note on Friday, July 29th. Piper Jaffray Cos. downgraded GNC Holdings from an "overweight" rating to a "neutral" rating and dropped their price target for the stock from $38.00 to $20.00 in a research note on Thursday, July 28th. Vetr downgraded GNC Holdings from a "buy" rating to a "hold" rating and set a $20.50 price target on the stock. in a research note on Monday, August 22nd. Zacks Investment Research raised GNC Holdings from a "sell" rating to a "hold" rating in a research note on Thursday, June 30th. Finally, Jefferies Group lowered their price objective on GNC Holdings from $27.00 to $20.00 and set a "hold" rating for the company in a research note on Friday, July 29th.
Shares of GNC Holdings (NYSE:GNC) opened at 20.53 on Monday. The firm has a market capitalization of $1.40 billion, a PE ratio of 7.69 and a beta of 0.91. The company's 50-day moving average price is $20.55 and its 200 day moving average price is $24.72. GNC Holdings has a 12-month low of $18.92 and a 12-month high of $41.26.
GNC Holdings (NYSE:GNC) last posted its quarterly earnings results on Thursday, July 28th. The company reported $0.79 earnings per share for the quarter, topping analysts' consensus estimates of $0.78 by $0.01. GNC Holdings had a return on equity of 50.48% and a net margin of 7.73%. The business had revenue of $689.60 million for the quarter, compared to the consensus estimate of $670.65 million. During the same period in the prior year, the business earned $0.79 EPS. The firm's revenue for the quarter was down 2.4% on a year-over-year basis. On average, equities analysts forecast that GNC Holdings will post $2.75 earnings per share for the current year.
The company also recently disclosed a quarterly dividend, which was paid on Friday, September 30th. Shareholders of record on Friday, September 16th were issued a dividend of $0.20 per share. This represents a $0.80 annualized dividend and a yield of 3.90%. The ex-dividend date was Wednesday, September 14th. GNC Holdings's dividend payout ratio (DPR) is 29.52%.
A number of institutional investors have recently made changes to their positions in the stock. HealthInvest Partners AB raised its position in shares of GNC Holdings by 16.2% in the second quarter. HealthInvest Partners AB now owns 681,955 shares of the company's stock valued at $16,565,000 after buying an additional 95,000 shares during the period. Geode Capital Management LLC increased its stake in GNC Holdings by 14.3% in the first quarter. Geode Capital Management LLC now owns 1,055,517 shares of the company's stock valued at $33,512,000 after buying an additional 132,002 shares in the last quarter. Lucus Advisors LLC increased its stake in GNC Holdings by 85.7% in the second quarter. Lucus Advisors LLC now owns 14,138 shares of the company's stock valued at $343,000 after buying an additional 6,525 shares in the last quarter. Teachers Advisors Inc. increased its stake in GNC Holdings by 7.3% in the first quarter. Teachers Advisors Inc. now owns 125,585 shares of the company's stock valued at $3,987,000 after buying an additional 8,527 shares in the last quarter. Finally, Jacobs Levy Equity Management Inc. bought a new stake in GNC Holdings during the first quarter valued at about $440,000. 95.92% of the stock is owned by institutional investors and hedge funds.
GNC Holdings Company Profile
GNC Holdings, Inc is a specialty retailer of health, wellness and performance products, including vitamins, minerals and herbal supplement products (VMHS), sports nutrition products and diet products. The Company operates in three segments: Retail, Franchising and Manufacturing/Wholesale. The Retail segment includes sales of products to customers at its company-owned stores in the United States, Canada, Puerto Rico and Ireland and through its Websites, GNC.com and LuckyVitamin.com.
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Simmons Natural Care Latex Branch River Mattress Reviews
- Other Mattresses:
- Average: 4.2
- High: 5.0
- Type:
- Latex Mattresses
- Brand:
- Simmons
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Comments about Simmons Natural Care Latex Branch River Mattress:
We purchased this mattress in Jan. Saleman didn't mention that since my DH weights 90 lbs more than I do & we like to sleep close to each other, I spend most of the night feeling like I'm on the edge of a cliff about to roll down.
The mattress is nice but I really don't recommend it unless it is for 1 person or both sleepers are close to the same weight! We ended up getting another mattress after 5 months.
Comments about Simmons Natural Care Latex Branch River Mattress:
The brochure, web site and salesman promoted 65% Latex, but no cut out in store. I asked and he said yes, bed is 65% latex., as I did not want to sleep on foam, as I knew it would make me hot. The marketing brochure not informative enough. Had to go to another website to find the layer of this bed, not even on Simmons site. Found out too late bed only has a 2" portion layer beneath other FOAMS -polyurethane, that made me way too hot. Bought a king and used every inch all night rolling to cool off, husband moved to the couch. Too much foam at top, too hot. Simmons rep told me it was "bizzare", I am returning and losing money, as they did not offer other mfg bed, and not buying another Simmons after reading reviews and bascially being told by Simmons I had to exhange for another of thier beds.


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October 14, 2011
| Step By Step Demo
Jade Sewell demonstrates how to create a girly French, complete with a bow.
August 11, 2011
| Video
Nail tech Robin Moses shares a step-by-step for how to create a scalloped French, one of the many styles of French manicure.
Nail tech Robin Moses shares a step-by-step for how to create an off-center chevron French, one of the many styles of French manicure.
July 18, 2011
| Photo Gallery
Think of "French manicure" as an umbrella term that covers a myriad of related looks. With all of these variations, you're sure to find a French for every client.
April 1, 2011
| Step By Step Demo
Here's a fun tie-dye and peace sign French by Jade Sewell.
February 5, 2011
| Step By Step Demo
EricMatukonis, Regal Nails Salon & Spa, Hazle Township, Pa., creates this chevron French with a twist.
February 5, 2011
| Demo
Especially great for July 4th or Memorial Day, this alternative French features red, white, and blue.
October 1, 2010
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Nails by Joanne Truitt, Boca Nail Depot, Boca Raton, Fla.
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Sorry, no bio currently available
Dave Fish is Executive Editor for The Moneypaper and co-manager (since 1999) of the MP 63 Fund (Symbol: DRIPX), a fund that invests exclusively in companies that offer Direct Investment (or Dividend Reinvestment) Plans. He is also the author of the U.S. Dividend Champions spreadsheet (and PDF), which is updated at the end of each month...and lists companies that have increased their dividend payout for at least 25 consecutive years. (Separate tabs list "Contenders" that have increased their payouts for 10-24 years and "Challengers" that have increased their payouts for 5-9 years.) http://dripinvesting.org/Tools/Tools.asp
I live in Southern California and work in the finance industry. BDCs are a special outside of work interest of mine and I have begun a blog to document my research. I always welcome questions/comments/discussions.
I am a medical professional, but I have been studying investing for many years so that I can control my own portfolio. DGI seems to be the best way for me to invest for my retirement while being able to sleep at night.
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text:
Skip to comments.It's time for another posting refresher course - Volume 3 (Welcome Newbies)
Posted on 07/23/2004 6:27:46 PM PDT by Admin Moderator
click here to read article
I don't believe it's possible with FR's built-in search. At one time, it might have been, as for instance one could search by author or publication.
It would be nice if in the future this also mentioned the intention of the state groups, that they are limited to local and regional issues, and not intended for the "REALLY important story" of national interest that an idiot poster wants to force everyone to find in their local state's news.
bump for reference
Isn't that a sign of the apocalypse?
Understanding me being number 2337 or so on the list?
What happened to "Computers/Internet" topic?
how do I bump a thread to a freeper list?
Like I want to send it to all CT freepers.
Looks like it was moved to "General Interest (Chat)"
LOL, put me on your thought fragments ping list, please!
Not sure if there is a ping list for it, but we have the "road killed beeber association" ping list.
And everyone on it has a strange sense of humor.
OK . . . Could I get on that one? I qualify. :-)
Crew: A request for an addition to the RKBA.
All in favor say "Ar!"
To say nothing of Central and South American countries. I'm not sure Mexico is on the list currently, and last week, the President entertained leaders from Malaysia, Poland, and Chile. Those countries are not on the list either.
If we could add the countries to the post, after putting up the thread, that would even be okay, but I've tried to add items to that area, and it's a no go.
And while we're on the subject of missing things, whatever happened to being able to do a "Sort" in our FReepmail, so that it would wind up sorted by sender, and we could easily find something that had been sent by a FReeper whose name we remembered but not "when" they sent it?
I miss the sort.
Other than that, I love out FR works.
d'you want on Da List?
In the land of FReepdom where the dead trolls lie.
Yes, please . . . Looks like it's lotsa fun!
You're in.
Click on KP's biopage to see the list of weird.
it is madness, i tell you... MADNESS!!!
not bad, Fedora, not bad at all
Very easy to figure out, just takes awhile ot get teh hang of it.
An RKBA alert is issued, and when we have confirmation of a troll's passing (from MeekOneGOP) we begin paving operations.
And.. it is all madness, but there's a pattern to it.
Oh fine, fill my head with "too much information". That's just what I needed, now I have to run a Biz and learn all that information.
Ok Ok I'll add to favorites.
Jim, how about a statement on the DNC, coach. Shake some booty here.
Thanks for the posting, it is really appreciated.
Democratic National Convention that is. Sorry JimRob.
Ar! Or ranks are swelling. We better put some ice on that.
That they are.
Thanks :) I had one that flowed slightly better before but it didn't fit the context so I had to change it a little. Needs slight tweaking . . .
Thanks Tonk. I bookmarked it.
What he said! :)
You still are one of my mentors!
LOLOL! And all this time I've been learning from you...
YOU are the pro!
I owe a lot to you!
You are waaay too kind! Hugs!!!
Add me if you please. I thrive on madness.
Saved and bumped!
Hmmm...I got that beat!...3804, I think. :))
Grandpa: ...We walked 25 miles in the 20 inches (and w/temp. -10 below zero :) of snow to get to School...
5 yr. Grandkid:..but, you lived in Floriduh as a Kid? :))
John is also modifying/changing/removing bump lists.
bumpus magnus
Since this should answer all of the questions I've been losing sleep over, I know you did this just to keep me from making any mistakes. thanks!
Why not make an FAQ tag and get this out of breaking news?
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.


text:
Wernher's note to Midea
Redirected from Wernher's note for Midea
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Wernher's note to Midea is a note in the Fallout 3 add-on The Pitt. It is given to the Lone Wanderer by Midea during Free Labor.
Secured a site for the bundle. Have it sent to the shack below the blast furnace in steelyard. Door will be cleared when the fighting starts, and marked with a bright blue light to keep out trogs.
Ashur and his family will get what's coming to them.
Related questEdit
The note can be found on Midea's desk after Free Labor as well. It takes the appearance of a medical clipboard.


text:
Tools and resources
In this section you will find examples of tools and resources developed by the regions and supported by local providers or regional teams.
There is a brief overview of the focus of each resource and a link to enable you to view the full details if required. For further information please contact the provider or individual named on the specific example.
Compassion in Practice – Quality Assurance Tool
The Compassion in Practice Quality Assurance tool was developed by Professor Laura Serrant and Dr Virginia Minogue to help guide the review of the reports and resources developed from Compassion in Practice programme activities. It provides a useful framework and includes a quality rating scale for commissioners to assess the quality of reports produced from commissioned programmes. It could proactively be used by commissioners to help guide planning of work programmes.
"Open and Honest Care: Driving Improvement" programme
"Open and Honest Care: Driving Improvement" programme encourages organisations to publish safety, experience and improvement data together in the one report. The overall aim being to improve practice, patient and staff experience and create a culture of safe compassionate care that staff and organisations can be proud of. The Open and Honest Care programme was created as part of Action Area three of Compassion in Practice.


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United States District Court, N.D. Illinois
February 3, 2004.
KIMBERLY BORS, Plaintiff,
GARY K. DUBERSTEIN, ALFRED D. KINGSLEY, DAVID D. JONES, JR., and ANDREW P. HINES, Defendants
On May 2, 2003, plaintiff, Kimberly Bors ("Bors"), filed suit against
defendants, Gary K. Duberstein ("Duberstein"), Alfred D. Kingsley
("Kingsley"), David D. Jones Jr. ("Jones") and Andrew P. Hines ("Hines")
(collectively "defendants"), in the Circuit Court of Cook County,
Illinois, alleging state law claims of fraudulent misrepresentation
(Count I) and tortious interference with contract (Count II). On July 3,
2003, Hines, with the consent of all other defendants, removed the case
to this court on diversity of citizenship grounds. The notice of removal
represents that Bors is a citizen of Illinois, Hines a citizen of New
Jersey or South Carolina, Duberstein and Kingsley citizens of New York
and Jones a citizen of Wisconsin. The notice of removal also alleges that
the amount in controversy exceeds $75,000 in that Bors seeks damages in
the amount of $180,000. Thus, this court's jurisdiction is invoked
pursuant to 28 U.S.C. § 1332(a)(1). Before the court is the
defendants' motion under Federal Rules of Civil Procedure 12(b)(6) and
9(b) to dismiss Bors' Complaint. For the reasons stated below, the motion
is granted.
Page 2
A motion to dismiss under Federal Rule of Civil Procedure 12(b)(6)
challenges the sufficiency of the complaint for failure to state a claim
upon which relief may be granted. Gen. Elec. Capital Corp. v. Lease
Resolution Corp., 128 F.3d 1074, 1080 (7th Cir. 1997). Dismissal is
appropriate only if it appears beyond a doubt that the plaintiff can
prove no set of facts in support of its claim that would entitle it to
relief. Conley v. Gibson, 355 U.S. 41, 45-46 (1957); Kennedy
v., Nat'l Juvenile Det. Ass'n, 187 F.3d 690, 695 (7th Cir. 1999). In
ruling on the motion, the court accepts as true all well pleaded facts
alleged in the complaint, and it draws all reasonable inferences from
those facts in favor of the plaintiff. Jackson v. E. J. Brach
Corp., 176 F.3d 971, 977 (7th Cir. 1999); Zemke v. City of
Chicago, 100 F.3d 511, 513 (7th Cir. 1996).
In addition to the mandates of Rule 12(b)(6), Federal Rule of Civil
Procedure 9(b) requires "all averments of fraud" to be "stated with
particularity," although "[m]alice, intent, knowledge, and other
condition of mind of a person may be averred generally." "The rule
requires the plaintiff to state the identity of the person who made the
misrepresentation, the time, place, and content of the misrepresentation,
and the method by which the misrepresentation was communicated to the
plaintiff." Vicom, Inc. v. Harbridge Merch. Servs., Inc.,
20 F.3d 771, 777 (7th Cir. 1994); see also DiLeo v. Ernst &
Young, 901 F.2d 624, 627 (7th Cir. 1990) ("Although states of mind
maybe pleaded generally [under Rule 9(b)], the `circumstances' must be
pleaded in detail. This means the who, what, when, where, and how: the
first paragraph of any newspaper story.").
Page 3
According to Bors' Complaint, which is taken as true for purposes of
this motion, Bors served as the vice-president of Human Resources for
Outboard Marine Corporation ("OMC") from October 1995 through December
2000. (Compl. ¶ 2.) On January 17, 1996, Bors was granted 10,000
"phantom" shares of OMC stock based on an Executive Retention Incentive
Plan ("ERIP") adopted in late 1995. (Compl. ¶¶ 8-9.) The shares were
to vest over five years unless there was a change of control in OMC, at
which point the shares would vest immediately. (Compl. ¶ 9.) If such
a change occurred, OMC was required to purchase Bors' phantom shares,
plus any dividend credits, at the price per share paid for the
controlling interest in OMC. (Id.)
On September 12, 1997, Greenmarine Acquisition Corporation
("Greenmarine") gained control through a tender offer of OMC's common
stock. (Compl. ¶ 10.) Greenmarine then merged with OMC, leaving OMC
as the surviving company. (Id.) On September 30, 1997, all OMC
common stock that was outstanding prior to the merger was cancelled and
20.4 million shares of new common stock was issued to Greenmarine
Holdings LLC, Greenmarine's parent company. (Id.) Subsequently,
OMC's directors and officers resigned. (Compl. ¶ 13.) Duberstein and
Kingsley, who had indirect control of OMC through interest in Greenmarine
Holdings LLC, replaced OMC's directors and senior officers and hired
Jones as President and CEO and Hines as Executive Vice President and
Chief Financial Officer. (Id.)
When this change in control occurred, Bors became fully vested in the
10,000 phantom shares of OMC stock, in addition 314.873 additional
phantom shares that constituted dividend credits. (Compl. ¶ 12.) At
this time Bors had the right to require OMC to pay her $18 for each of
her shares. (Id.)
Page 4
The Complaint alleges that rather than pay Bors for her phantom shares,
Jones and Hines, at the direction of Duberstein and Kingsley, induced
Bors to execute a Unit Grant Agreement under which Bors forfeited her
right to payment for all but 314.873 of the phantom shares. (Compl. ¶
14.) The Complaint alleges that the remaining phantom shares were
transferred into 10,000 restricted shares of new OMC common stock.
(Compl. ¶ 14.)
The Complaint further alleges that certain statements were used to
induce Bors to transfer her right to the phantom shares. These statements
included that
a. OMC would pay her not less than $180,000, plus
six percent interest compounded annually
beginning on September 12, 1997, to repurchase
her restricted shares upon termination of her
b. OMC's new ownership and management team
expected all remaining ERIP phantom share
recipient holders to rollover their phantom
shares into new, restricted OMC shares to
demonstrate commitment to the team. Refusal or
reluctance to rollover the phantom shares would
be viewed as showing a lack of commitment to
the team, which could ultimately result in the
loss of employment.
c. OMC's new ownership and management team were
providing ample time and resources to achieve a
business turnaround at OMC, which was now free
of the quarter-to-quarter financial results
reporting it had as a publicly-held company.
d. OMC's new ownership and management team was
intensively reorganizing OMC's operational and
management structure and making new capital
investments to achieve long-needed
manufacturing efficiencies, new technology for
reducing emissions in boat engines, and
resulting new boat engine products.
e. OMC's new ownership and management team
intended to take the company public again
within five years at a target price of $50 per
share, which would then make Bors' restricted
shares worth $500,000.
Bors alleges that in making the above statements, Jones and Hines
omitted facts that were material to Bors' decision to give up her right
to payment for the phantom shares. These omissions included that:
Page 5
a. OMC was severely strapped for cash because,
among other reasons, the individuals
controlling it had caused it to assume a $150
million loan which had been used to finance the
tender offer and would become due on or about
June 16, 1998-well before OMC would have
adequate cash reserves to repay or refinance
the loan.
b. Additional cash was not readily available due
to the restrictiveness of the bank covenants on
[] OMC's revolving working capital credit line.
c. OMC would be insolvent unless it could raise
several hundred million[] . . . dollars in new
d. OMC's financial statements for fiscal years
1997 and 1998 materially understated OMC's 1997
financial performance and materially overstated
1998 financial performance-giving OMC the false
appearance of materially improving financial
performance-and, due to SEC pressure, had to be
restated, thus negatively affecting OMC's
ability to achieve additional financing.
e. OMC was unable to overcome the problems in
implementing new emissions reducing technology
for its engines, which it needed to develop new
boat engine products and regain market share.
f. As a result of the foregoing, defendants had no
intentions of performing the obligations
imposed under the ERIP for non-terminating
In December 2000, OMC declared bankruptcy. (Compl. ¶ 21.) This
rendered Bors' restrictive shares obtained in lieu of payment on the
phantom shares worthless. (Id.)
A. Fraudulent Misrepresentation (Count I)
Defendants seek dismissal of Bors' Count I fraudulent misrepresentation
claim on grounds that Bors has not pled fraud with the level of
particularity required by Rule 9(b). On review of the allegations in
Bors' Complaint, the court agrees. As noted above, to satisfy the
requirements of Rule 9(b) Bors was required to plead the "who, what,
when, where, and how" of the alleged fraud. Uni*Quality, Inc. v.
Infortronz, Inc., 974 F.2d 918, 923 (7th Cir. 1992). Bors' Complaint
omits numerous aspects of the above elements. It only asserts that "Jones
and Hines"
Page 6
induced her to give up her shares and that they did this "at the
direction of Duberstein and Kingsley." Moreover, it provides only the
very general time frame of September 1997 until May 1998 as to when these
statements were made. But this almost eight-month time period can hardly
be thought to satisfy the heightened pleading standard imposed by
Rule 9(b), particularly when that is the entire span of time between the
relevant events.*fn1 Nor does Bors specify approximately when each
particular statement was made to her as would be contemplated by a rule
that requires fraud to be pled with particularity. The Complaint also
fails to mention where the statements were communicated to her or how in
fact the defendants communicated the statements.
Bors cites Talton v. Unisource Network Services, Inc., No. 00
C 7967, 2001 WL 1035732 (N.D. Ill. Sept. 10, 2001), in support of her
Complaint, but Talton very aptly demonstrates why Bors has not
pled fraud with the required level of particularity. In Talton
the court concluded that a securities fraud claim survived the heightened
pleading standards of Rule 9(b) because it alleged that two defendants
(Collins and Doerer) (the "who") assured the plaintiff in person that she
would remain CEO of a company (the "what" and "how") on January 17, 2000
(the "when") at a closing for interim financing of the company (the
"where"). Id. at *6. The complaint also specified that Collins
and Doerer represented to the plaintiff at meetings on January 17, 2000
and February 22, 2000 that her continued position as an executive with
the company was critical to the success of the company (once again
satisfying the who, what, when, where, and how). While Bors may analogize
her theory of recovery with that in Talton, she most clearly has
not pled
Page 7
fraud with the particularity the plaintiff did in that case.
Accordingly, because Bors has not sufficiently alleged fraud with
particularity, her Count I claim for fraudulent misrepresentation must be
dismissed without prejudice.
B. Tortious Interference With Contract (Count II)
Under Illinois law, the elements of a tortious interference with
contract claim are "(1) the existence of a valid and enforceable contract
between the plaintiff and a third party; (2) the defendant's awareness of
the contractual relationship; (3) the defendant's intentional and
unjustified inducement of a breach of contract; (4) a subsequent breach
by the third party caused by the defendant's wrongful conduct; and (5)
damages resulting from the breach." Wheel Masters Inc. v. Jiffy Metal
Prods. Co., 955 F.2d 1126, 1129 (7th Cir. 1992); George A.
Fuller Co. v. Chicago Coll. of Osteopathic Med., 719 F.2d 1326,
1330 (7th Cir. 1983). While there is no dispute that Bors has
sufficiently alleged the existence of a valid and enforceable contract
between her and OMC and that defendants were aware of this
relationship, nevertheless, Bors' claim is problematic for several
First, Bors does not actually allege that there was any breach of a
contract. The contract at issue concerns Bors' right to repurchase 10,000
phantom shares from OMC. Based on what Bors has pled in her Complaint,
there was never a breach of that contract. Rather she had the contractual
right to require OMC to repurchase 10,000 phantom shares of OMC stock.
Based on allegedly fraudulent statements by defendants, Bors did not
exercise that option. Thus, Bors does not allege any breach of the
contract between her and OMC. Instead, her allegations (assuming that
they properly alleged fraud) would provide support only for the notion
that she was fraudulently induced not to exercise rights under a
Page 8
In addition, as defendants point out, the actions Bors complains of in
her Complaint were directed at her, not OMC, the third party. See
George A. Fuller Co., 719 F.2d at 1331 ("Under Illinois law,
liability for tortious interference may only be premised on acts
immediately directed at a third party which cause that party to breach
its contract with the plaintiff."). As one Illinois Appellate Court
stated in a similar situation where the alleged acts of interference were
directed toward the plaintiff and not a third party, "inducement to
breach contract involves acts aimed at parties other than a plaintiff.
Those acts, in turn, cause those parties to breach a contract held by
that plaintiff." Mitchell v. Weiger, 87 Ill. App.3d 302, 305,
409 N.E.2d 38, 41 (1980). Bors' Complaint only alleges facts
illustrating that the acts of alleged inducement were directed at her and
not OMC. Thus, this Count is also properly dismissed.
Accordingly, for the reasons stated above, defendants' motion to
dismiss is granted [#5]. Bors' Complaint is dismissed without prejudice.
Bors has 21 days from the entry of this order to file a First Amended
Complaint. If no First Amended Complaint is filed by that time, this case
will be dismissed with prejudice.
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On average, listings lease in the $10's per square foot per year. The Centreville submarket is experiencing a decline in rates. In the last 3 months, the median rate fell $19 per sqft per year. That's a 49% decrease in rent.
Compared to the rest of the Washington D.C. market, the Centreville submarket has lower rates, so you should have no trouble finding a great deal in this depreciated region.
In the last 90 days, 6 listings have been made available, which means new listings might be leasing quickly. You'll want to be prepared to tour spaces as quick as possible. About 33% of the available space in the Centreville are subleases, so you might be able to find a shorter term or below market rent. There aren't many listings below 2,000 square feet posted, so finding a space for a small business might be tough.
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Trends and status of the commercial real estate market in Centreville.
Market Report
Real time and historical data on commercial real estate listings in Centreville.