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Data61 is bringing its network and capabilities to life at the first inaugural D61+ LIVE showcase event on March 30 at the Australian Technology Park, Sydney, demonstrating its innovations, research and partnerships.
The event will have five zones to explore including breakthrough technology around Security and Safety, Future Cities, Health and Communities, Emerging Platforms, as well as an area dedicated to demonstrating our current collaborations with industry.
In addition, D61+ LIVE is featuring three lively and diverse panel discussions about Australia's role in promoting STEAM education, Cybersecurity and Industry 4.0.
The showcase will feature a number of notable keynotes delivered by leaders in the industry including:
Where: Australian Technology Park, Sydney
When: Wednesday, March 30, 2016
12.30-12.45pm: Registration open
12.45-1.30pm: Panel 1 - A global dilemma: Why are our kids dropping out of STEM?
1.45-2pm: Professor Alex "Sandy" Pentland, Massachusetts Institute of Technology - Connection Science and Internet Trust
2-2.45pm: Panel 2 - Cybersecurity unplugged
2.45-3pm: Dr Larry Marshall, Chief Executive CSIRO
3.15-4pm: Panel 3 - Is Australia missing out on Industry 4.0?
4.15-4.30pm: Hilary Cinis, Principal User Experience Designer and Design Team Lead, Data61: Keeping people at the centre of tech and innovation development
4.30-5pm: Prof Bob Williamson, Chief Scientist, Data61: Australia's future in a data-driven world report
5-5.15pm: Sangeet Paul Choudary, Founder and CEO, Platform Thinking Labs
5.15-5.30pm: Michael Edwards, GM of Boeing - Research and Technology
6-6.05pm: Thank you and final words
6.05-7.30pm: Cocktails
Data61 is Australia's leading digital research powerhouse, offering the research capabilities, IP and collaboration programs to unleash the country's digital and data-driven potential, with a global context. By driving collaboration across industry, academia, government and the startup space, Data61 is able to help existing industries transform, and act as a catalyst in the creation of new technology-based industries.
Data61 provides accelerated commercialisation paths for data-centric R&D for economic and societal benefit for Australia with global context. Data61 was formed through the merger of CSIRO Digital Productivity Group and National ICT Australia.
Have an enquiry about this page?
Have a question? Contact us using the form below, or call 1300 363 400 during business hours , or start a live chat with us nowor check out our frequent enquiries.
Last updated: Last updated: 29 March 2016
Printed from: Innovation on parade: D61+ LIVE comes to Sydney (http://csiroaucd1-cdc.it.csiro.au/en/Research/D61/Innovation-on-parade-D61-LIVE-comes-to-Sydney)


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*** *** **** 3 ** 1 Public ****** ******* *****
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Compare and contrast the demand curve for public goods and the demand curve for a private good. Evaluate the impact of the current trend toward the expansion of government services.
From the e-Activity, explain the concept of the free rider problem, analyze how it impacts the market, and suggest strategies to limit its negative effects.
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Uptake of SVOD services delivered over the Internet has skyrocketed in Australia with two million active subscriptions recorded at the end of June 2015, according to new research by Telsyte.
Up from 315,000 subscriptions at the end of December 2014, the massive growth has been driven by the arrival of new services such as Netflix and Stan, free trial periods, and promotions offered by the leading ISPs, mobile carriers and TV manufacturers.
Telsyte's Australian SVOD/OTT Video Market Study 2015 shows that around 1.5 million of these subscriptions have been converted to fee paying (no longer on a trial) and generated more than $17 million in revenues in the month of June.
"The SVOD market is highly competitive, seasonal, and unlikely to be a winner-takes-all marketplace," comments Telsyte Managing Director, Foad Fadaghi. "The early success of SVOD providers will encourage more film studios and content rights holders, including sporting codes, to consider direct streaming to consumers."


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Play Video
Elizabeth Rage takes you through the steps to create the Princess Leia look...
So many controversial and buzzed about movies came out this year, but what ...
Hey Break fans! Check out our latest compilation, Failing at Life II! Let u...
Remember the fun and games we all had as children, running through sand box...
The spirit has moved him.
Thief Gets Rolled Into Rug
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sensual evening on a bear rug near the fireplace
Nasty cuttin some rug
Funny Music Video
Maybe a little less hip shaking.
Oh Florida. You Florida so hard.


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About Our e-Cig Shop
At Vape we take the health and safety of our customers very seriously! That is why we have chosen to carry AEMSA approved E-fluid / E-liquid and the highest quality electronic cigarettes in our store. Our AEMSA approved vaping fluid is produced in clean rooms and sent to outside labs for accuracy checks! We encourage you to come in and check out the specifications that govern our E juices. At Vape we also offer a wide variety of novelty items such as knives, pepper spray, kydex gun holsters and mod holsters produced by Grey Tactical Solutions and more! In addition to our retail store we offer wholesale opportunities of AEMSA approved NicVape, Vape E-fluid, Firebrand liquitine, Gray Tactical kydex gun holsters, and Gray Tactical mod holders to other businesses. Feel free to stop buy or call one of our friendly staff members! Our customers say we are one of the best vapor shops and e-cigarett shops in Wichita. Maybe you should see for yourself.
We carry a nice line of Clone Mods and a few Authentics as well as RDA RBA Attys and tasty juices and E liquids.


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Apartment for Rent in Palm Jumeirah
Reference #: SF-R-10136
Al Anbara – Palm Jumeirah
Apartment for rent in Dubai
The Shoreline Apartments provide luxury living on the east side of the trunk of The Palm, Jumeirah. Each apartment contains spacious balconies with breathtaking views of the Jumeirah coastline and Burj Al Arab. A 400 slip marina provides berthing space, whilst residents will have exclusive access to both a Master Marina clubhouse and a private beach club. The canal on the west side of the shoreline apartments will provide further leisure and relaxation opportunities.
- 2 bedroom + maid's
- partial sea and community view
- well-secured building
- private beach access
- spacious and bright apartment
Property Reference:SF-R-10136
For more info call: TARUN AMARNANI
or visit our website at www.spfrealty.com
RERA STR No.:1021/35275/16/02/048
Company name: SPF Realty
Address: Al Shafar Investment Building, SZR, Dubai
Office phone no: +971 4 3396 222
Office fax no: +971 4 3396122
Mobile No. +971 50 1597171
Primary email: email@example.com


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RED HOOK - A rustic, yet contemporary way to display food is the inspiration behind a growing business in Red Hook.
The Brooklyn Slate Company uses pieces of slate from an upstate rock quarry as food-ready serving trays for coasters, cheeses and other appetizers. Kristy Hadeka and Sean Tice, who founded the company four years ago, primarily sold their slate online before the popularity of their product warranted a walk-in location in Brooklyn.
"We realize it's a great community and we thought having a storefront here was a perfect fit," says Tice.
The duo will also sell other kitchen items and products all made in Brooklyn.
Their grand opening will be Saturday, April 13 at 305 Van Brunt St. in Red Hook.


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For sale by owner 8 Oct 9:48 amHomagama, Colombo
Apple eir pods
Full sets
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Apple_iphone ,ipad ,ipod ,imac,mac book ..etc
Decided by apple in california acceptable in china
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Hotel Alameda Malaga, Malaga
- Free WiFi
Main amenities
- 15 guestrooms
- Breakfast available
- Coffee shop/café
- Self parking
- 24-hour front desk
- Air conditioning
- Daily housekeeping
- Car rentals on site
For families
- Free cribs/infant beds
- Rollaway/extra beds (surcharge)
- Refrigerator
- Private bathroom
- Free toiletries
- Daily housekeeping
What's around
- In Centro
- Malaga Cathedral (0.4 mi / 0.7 km)
- Malaga Amphitheatre (0.5 mi / 0.8 km)
- Alcazaba (0.5 mi / 0.9 km)
- Picasso's Birthplace (0.7 mi / 1.1 km)
- Gibralfaro Castle (2 mi / 3.2 km)
Hotel Alameda Malaga, Malaga
Hotel Info: 866-539-8117from $42
- Single Room
- Quadruple Room
- Triple Room, 3 Single Beds
- Triple Room
- Double Room, 1 Queen Bed
- Double or Twin Room
More great choices
At a glance
Key facts
Hotel size
- This hotel has 15 rooms
- Check-in time 1 PM-11:30 PM
- Check-out time is noon
Required at check in
- Credit card or cash deposit required
- Government-issued photo ID required
Travelling with others
- Pets not allowed
- Free WiFi in public areas
- Free WiFi in rooms
- Self parking *
Nearby Two Star Malaga hotels
In the hotel
- Continental breakfast on weekdays (surcharge)
- Coffee shop/café
- 24-hour front desk
- Elevator/lift
In the room
- In-room climate control (air conditioning)
- Air conditioning
- Turndown service
- Private bathroom
- Bathtub or shower
- Free toiletries
- Hair dryer
- 32-inch LCD TV
- Free WiFi
- Refrigerator
- Daily housekeeping
- In-room safe
Top Malaga hotels
Recently reviewed hotels in Malaga
- Los Amigos Beach Club by Diamond ResortsFrom
"Excellent staff from the front desk to the restaurant. Plenty of parking as well as plenty of cabs outside the hotel. I will return again."Nov 29, 2016
- Molina LarioFrom
"Exceeded our expectations! Great staff, beautiful rooms, comfortable bed and perfect Location!!"Nov 18, 2016
- Select Benal BeachFrom
"Good hotel in nice grounds, superb location. Spacious rooms with good facilities."Nov 15, 2016
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"This hotel was in a fantastic location, right on the main shopping / walking street - Calle Larios. We stayed in one of the studio apartment units which was large and open. We had…"Nov 8, 2016
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Also popular with travelers from the USA
Special features
DiningCordoba 7 - This bar specializes in Spanish cuisine and serves breakfast only. Open select days.
Hotel Alameda Malaga, Malaga's small print
Also known as
- Alameda Hotel Malaga
- Alameda Malaga
- Alameda Malaga Hotel
- Hotel Alameda Malaga
- Hotel Malaga Alameda
- Malaga Alameda
- Malaga Alameda Hotel
- Malaga Hotel Alameda
- Hotel Alameda Malaga Spain - Costa Del Sol
Cash transactions at this property cannot exceed EUR 2500, due to national regulations. For further details, please contact the property using information in the booking confirmation.
Optional extras
Self parking costs EUR 25 per day
Parking is available nearby and costs EUR 25 per 24 hours
Rollaway beds are available for EUR 20 per night
Continental breakfast is offered for an extra charge of EUR 4.00 for adults and EUR 4.50 for children (approximately)
We have included all charges provided to us by this hotel. However, charges can vary, for example, based on length of stay or the room you book.
Recent reviews
Good 3.6 /5 from 116 reviews
Convenient to transit. Generally clean. Sheets, towels looked dated. Tiny bathroom. No noise insulation. Could hear every conversation from adjoining room and reception. Surrounding area gets seedy at night, Streetwalkers. Basically you get what you pay for.
The hotel is located near all the shops and food places. A bit older hotel but great location.
I stayed at the hotel for 4 nights! Great, perfect location!! Friendly hotel staff! The walls are very thin, you can hear everything what's happening around your room.
great location close to everything yet peaceful at night. the hotel is located on the top floor of a business building, you need to get buzzed in during night hours, and there is an elevator. apart from a few noisy neighbors in the other rooms, everything was great. very friendly staff.
We had a lovely 2 day break in Malaga with lots of sightseeing wonderful architecture, fabulous Marina and nice Beach.
Is the description of this hotel not correct? Tell us


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Breast cancer is the most common type of cancer among women and although the causes of this disease are not clear, lifestyle choices seem to be an impotant factor. There are habits that are linked to an increased risk of breast cancer (what you eat, being overweight, not exercising regularly, using alcohol, etc). There is extensive and cosistent evidence that a diet high in fruits and vegetables is associated with decreased risks of many cancers and while results for breast cancer risk are not yet conclusive, they are promising. Other foods that could be beneficial include oily fish, flaxseed, nuts, olive oil and green tea.
You should know that it is not necessary to adopt a foreign dietary plan to protect yourself. Your diet should be nutritious, rich in basic foods and traditional manufacturing and cooking methods. Find what suits your needs best and try to combine different healthy foods in fun new ways. A healthy diet can also help you maintain a normal body weight-a key factor in breast cancer prevention. Finally, bare in mind that you should always consult your doctor about what steps to take for the early detection of the disease.
The 10 foods mentioned here have a high nutritional value. They are full of vitamins, minerals and potent antioxidants. Their numerous protective properties make them a great addition to a healthy, well-rounded diet.
1. Tomatoes
Studies have shown that eating plenty of tomatoes and tomato based products can reduce the risk of breast cancer in postmenopausal women[1]. Tomatoes contain lycopene, one of the most potent antioxidants. Lycopene is a carotenoid and it is responsible for the red color of this amazing fruit (or vegetable, if you prefer). It prevents carcinogenesis (cancer production) by protecting very important parts of our cells like lipids, lipoproteins, proteins and DNA. The anticancer properties of lycopene are enhanced when you combine it with fat-rich foods. Avocado, olive oil and nuts are some great examples to include in extra-healthy, extra-tasty salads.
2. Mushrooms
Mushrooms are thought to have several anti-cancer effects and they are also linked to brest cancer in particular. A meta-analysis of several studies confirms that there is a link between mushroom consumption and breast cancer prevention[2]. Extracts of certain mushrooms have been shown to inhibit the activity of aromatase, an enzyme responsible for the production of estrogen[3]. This means that there's less estrogen available for the growth of ER+ (estrogen receptor positive) breast cancer cells.
3. Cruciferous Vegetables
A swedish study of postmenopausal women reported that one to two daily servings of cruciferous vegetables reduce the risk of breast cancer possibly by s much as 20%-40%[4]. This could be due to a special compound called Indole-3-cardinol (I3C) . I3C has anti-cancer properties and anti-proliferative effects on breast cancer cells[5]. It also plays a part in estrogen metabolism increasing 2-hydroxyestrone:16-a-hydroxyestrone[6]. This means that its promotes the so called "good estrogens". These act as antioxidants and have the power to eliminate damaged or cancerous cells throughout the body.
4. Bell Peppers
Bell peppers contail several substances that might have cancer-fighting properties. They are the source of over 30 carotenoids. According to a recent study " A diet high in carotenoid-rich fruit and vegetables offers many health benefits including a possible reduced risk of breast cancer"[7]. Red bell peppers have the additional benefit of containing lycopene, the carotenoid found in tomatoes. Another important component is a flavonoid called apigenin. Now apigenin is really bad news for cancer cells because it induces apoptosis (cell death), a process that they can inhibit under normal circumstances[8].
5.Olive Oil
Many of its health benefits come from its high content of monounsaturated fats (omega-9 fatty acids). Several case control studies report that olive oil consumption resulted in a 13-14% reduction in breast cancer risk [9][10][11]. Moreover, ther seem to be additional benefits when you combine olive oil with raw vegetables. The salad vegetable dietary pattern has been shown to have significant protective effect against HER-2 positive breast cancers[12]. Try to use olive oil instead of butter whenever you can.
6. Flaxseed
Flaxseed is one of the best sources of omega-3 fatty acids, especially alpha-linolenic acid (ALA). It is also a good source of vitamin E, phosphorus, manganese, magnesium, folate, copper and zinc. Flaxseed is a source of mammalian lignans. These phytoestrogens bind with estrogen and reduce its circulation in the blood. This action may be one of the protective mechanisms of flax for breast cancer[13] Flax may also block tumor growth, inhibit angiogenesis and enhance the immune system[15] .
7. Walnuts
There's a lot of research that supports the protective relationship between omega-3 fatty acids against the risk of breast cancer. There is one specific study that suggests walnut consumption significally reduces breast tumor incidence and size in laboratory mice[16]. It is worth noting that walnuts also contain melatonin. Melatonin protects against breast cancer in several ways, for example, it reduces the activity of aromatase within the breast.
8. Oily Fish[17]. A prospective study reported that women who consumed 44g or more of dietary marine sources of omega-3 fatty acids reduced their risk of breast cancer by 26% when compared with women who consumed 25g or less[18]. In another study, women with the greatest EPA, DHA and total omega-3 fatty acids in their red blood cell membranes from fish had a 73%, 94% and 89% lower risk of breast cancer respectively.[19]
A healthy diet should include at least two portions of fish a week, including one of oily fish. Oily fish should be consumed in moderation because they contain pollutants called PCBs (polychlorinated biphenyls) and dioxins. Long term exposure to these pollutants has serious effects on our health.
9. Pomegranates
According to research, various parts of the pomegranate fruit such as seed oil, juice, fermented juice and peel extract have suppressing effects on human breast cancer cells.[20] Pomegranates contain substances called ellagitannubs which can inhibit various estrogen-producing mechanisms. Research on breast cancer cell lines demonstrated that pomegranate components efficiently inhibited angiogenesis (formation of new blood vessels), invassiveness, growth anf induced apoptosis (programmed cell death).[21]
10. Green tea
According to human sturdies, EGCE inhibits breast cancer cell proliferation (rapid reproduction), reduce tumor invasion and metastasis (spread of cancer throught the body), and prevent recurrence of breast cancer in early stages (stage I and II)[22][23][24].What's more, Chinese women who drink green tea daily and eat mushrooms regularly have 89% less risk of developing breast cancer than those who consume neither.[25]


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You missed it This great deal for Air National Tampa is over. But don't despair, we've got more great deals every day.
Related Deals That You May Like
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• Also get a 1-year membership in the Bronze Level Energy Saving Agreement
Why You'll Love It
In addition to keeping your home at the right temperature, the tune-up maximizes your equipment's performance and helps you save on utility bills. Getting up to $250 in repairs makes it affordable to resolve any issues, and the Bronze Level membership nets you two maintenance calls with no charge, as well as other perks. Plus, you're in good hands: These professional, EPA-certified technicians have 20 years of experience and can travel throughout Tampa.
PAID VALUE EXPIRES ON December 4, 2021
PROMOTIONAL VALUE EXPIRES ON July 20, 2014


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One of the oldest sections of Manhattan and part of the Dutch colony of New Amsterdam, the area now know as Tribeca was originally a fruit and produce market, a shipping center, and a hub of the city's textile industry. Sprawling along the west side of Manhattan, from south of Canal to Vesey Street and the site of the World Trade Center, Tribeca extends from the Hudson River on the west to Broadway as its eastern boundary. The area got its name, an acronym for the TRIangle BElow CAnal, relatively recently.
View Larger Map The area's conversion from a shipping and manufacturing district to a residential neighborhood parallels the loft developments of the SoHo neighborhood to its north. The vast inside spaces of these buildings that once housed 19th century businesses have inspired the modern-day phenomenon of loft living. Where immigrants once worked for low pay, standing long hours spinning cotton on a loom, a wealthy family now lounges on high-end living room furniture, watching reality programming and cable news on a 58-inch wall-mounted plasma TV.
I'm walking through Tribeca this week to shake myself out of the comfort zone of my own neighborhood, to get some exercise, and explore new streets. Leaving my place in Greenwich Village and walking south to Tribeca, I pass through SoHo and its exceptional cast-iron architecture. Yesterday, I arrived at the Square Diner in Tribeca via West Broadway, a pretty street lined with many elegant galleries, fashion stores, and European-style restaurants.
I have a few places on my Tribeca agenda today. I want to see some of the 18th century houses on Harrison Street, and I need to go back to the little shop I saw yesterday on Beach Street that makes homemade Mexican tamales. Other than these stops, I like to leave much of my walk unscripted.
See related posts:
The Woolworth Building
Establishing Shots: The Tribeca Film Festival
The Tribeca of Duane: Duane Street and Duane Park
Tribeca's Most Tripped-Out Vista
Tribeca Living: A Building for Chocolate, and One for the Wool Trade
In Search of the Lower West Side: Before Tribeca
Walking Off Tribeca and Remembering Mostly Lunch
Walking Off Tribeca: Starting at Square One
March 11, 2008
Walking Off Tribeca: The Lay of the Land
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Take Walking Off the Big Apple for a Walk
Walking Off the Big Apple is fully mobilized for on-the-go adventures. Just search for "Walking Off the Big Apple" on your phone's browser, and find the simplified mobile version of the posts and pages. The maps are embedded for easy navigation.


text: Download of the Day: CalgooAdam Pash8/23/06 3:00pmFiled to: Google CalendarDownloadsGoogleJavaWindowsCalendar18EditPromoteShare to KinjaToggle Conversation toolsGo to permalink Windows only: Freeware program Calgoo offers desktop integration with your Google Calendar, meaning, most significantly, that you don't need to be online to view or schedule upcoming events. Advertisement Once you do go online, Calgoo will synchronize your Google Calendar with Calgoo so that you're always synced up and ready to go. Although I love the idea of Calgoo, especially for Gcal lovers who aren't always plugged into the 'netters, I wasn't thrilled with the trouble I had getting Calgoo going. For some reason the calendar would not show up - I was able to create new appointments and sync them with my Google Calendar, but I could never actually look at the main calendar. That said, if the calendar had shown up, I think I would have really liked Calgoo.Maybe I should go a little easier on it - after all, Calgoo is only in "First Draft" (apparently "beta" is too widely accepted?). If you have better luck than me, tell us about it (or explain where I went stupid) in the comments or at tips at lifehacker.com. Calgoo is Windows only, requires the Java Runtime Environment. Advertisement CalgooGear from Kinja DealsBestsellers: Aukey Foldable Plug USB ChargerAnker's SoundCore Can Blast Your Tunes All Day LongSaturday's Best Deals: Travelpro Luggage, Your Favorite Travel Pillow, Biking Gear, and MoreReply18 repliesLeave a reply


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Friday was supposed to be opening day at the Grand Island horse track, but snow forced things back a day.
Weather may be the least of their worries, as Fonner Park carries what some see as a dying industry.
"I hate to leave but we might have to," Linda Hoffman said.
Grand Island is home and Fonner Park's where Linda has spent the past 35 winters on the horse racing circuit. But she wonders how many more years there will be.
She said, "I hope this year they figure out what we can do because otherwise we can't stay. Go somewhere or get out of the business."
Lincoln's old State Fair Park closed, although there is work to open a new track.
Omaha has only a few days of racing.
Columbus, another mainstay of the circuit, is still a question mark as to when its 14 days of racing will be held. Fonner Park CEO Hugh Miner said, "In some ways, it doesn't speak well of the industry."
Miner said it may be the shortest season in Nebraska history. That benefits Fonner Park where season ticket sales are up, and even on a snow day people were calling to make plans to be in Grand Island.
Miner said, "For live racing, that puts Fonner in the spotlight and we think we'll have good attendance numbers this year."
But Fonner officials say they can't do it alone. "There's no question about it – to have only 50 race days in the state, that's not enough."
Miner says there are more gambling options now than in 1953, which is why horsemen asked the legislature for video terminals in an effort to modernize racing and it nearly passed last year.
"One vote separated the industry from getting something that would've helped," Miner said.
The Hoffmans may go to Denver with Lincoln's demise, but they'd like to continue starting their year in Grand Island.
Linda said, "We have a house here, would be tough to leave."
And Fonner continues to hold its own in an uncertain industry.
Hugh Miner said, "We have worked hard to maintain racing here at Fonner Park and something the Fonner board and people are proud of what we've been able to do. It's our job to put on a good show and make sure we do this right."
Critics say attempts to expand gambling are a bailout for a dying industry. And they oppose video racing terminals, saying that will only encourage people to lose more money.
But horsemen say it's their best bet to keep running.
Fonner Park's 60th year begins Saturday, February 23 and continues to early May.


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Most people start getting anxious for the holiday season right around this time, especially when they are trying to commit to a healthier lifestyle. As Thanksgiving approaches, there will be lots of gatherings focused around food, family and drink. And while it's difficult to resist temptation and stick to your goals, it isn't impossible. The key to sticking to your goals is to be realistic, committed and prepared.

Be Realistic:

Now may not be the time to join the gym and spend hours upon hours working out. And it may not be realistic to lose twenty pounds before the New Year, especially if you have an active social calendar. Being healthy this time of year is not impossible, but in order to do so, you should set realistic goals. If you are someone who has never worked out in a gym in all your life, then starting now probably isn't the answer. Aim to set yourself up to succeed so that you may continue to stay motivated and set new goals. For example, decide to walk everyday leading up to Thanksgiving for 10 minutes in the morning and 10 minutes in the evening. And if you're on track losing weight, perhaps now is the time to maintain and then begin again after the holidays. You can set realistic goals on your own or with the help of your certified diabetes educator. If possible, right them down or log them- you'll be more committed that way.

Be Committed:

Being committed means sticking to the plan. Sometimes life doesn't always go as planned, but if you are committed to your goals you're more likely to stick to them. It is much easier to stay committed when you've made realistic goals. And once you've accomplished these goals, you'll have an even greater sense of achievement which will make you even more committed then before. For example, if you've set a goal to walk daily, commit to making this goal part of your daily routine. On Thanksgiving morning, take a stroll with the family or sign up for a turkey trot. By starting the day with exercise, you are more likely to make good decisions throughout the day. In addition, you will give yourself a bit of wiggle room to enjoy some of your favorite treats.

A key strategy in staying committed, though, is allowing yourself to slip up from time to time. If you overeat on Thanksgiving day, let it go and start fresh the next day. Try not to get caught up on mistakes that happen along the way, instead use them as ammunition to do better the next time.

Be Prepared:

The most critical component to staying healthy and sticking to your goals is preparation. When we are prepared, we are ready to take on anything. Being prepared may mean bringing a healthy food option on Thanksgiving day or planning to have a small taste of everything, but to load your plate with vegetables. Making a plan can help you to avoid worrying about how you will handle the situation. For example, your Thanksgiving Plan may include the following:

1. Wake up the morning and go for thirty minute walk with the family.

2. Do not skip meals. Eat a regular breakfast and lunch so that I don't arrive starving.

3. Bring a vegetable based appetizer to the Thanksgiving meal.

4. Avoid high fat appetizers like fried foods and cheese.

5. Allow myself a taste of everything, but fill most of my plate with non-starchy vegetables.

6. Stick to one plate. Try to avoid having second servings.

7, Have a few bites of my favorite dessert and savor each bite.

Perhaps you stick to the plan perfectly or maybe you only hit a few of the goals. Whatever it is, it's one day. When it's over, let it go and move on. The bottom line is that you can be successful in staying healthy this Thanksgiving holiday.


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August 27, 2010
STEVEN CATTUNA, PLAINTIFF-APPELLANT,v.SARA LEE CORPORATION, CELIA GRIFFITH, INDIVIDUALLY AND AS REGIONAL HUMAN RESOURCES MANAGER OF SARA LEE CORPORATION, AND JESSICA THIEBAUD, INDIVIDUALLY AND AS SOLUTION SALES MANAGER NY/NJ OF SARA LEE CORPORATION, DEFENDANTS-RESPONDENTS.
On appeal from the Superior Court of New Jersey, Law Division, Hudson County, Docket No. L-5367-07.
Submitted June 2, 2010
Before Judges Skillman and Simonelli.
In this disability discrimination case, plaintiff Steven Cattuna appeals from the August 28, 2009 Law Division order granting defendants' motion for summary judgment dismissing the complaint with prejudice. We affirm.
The following facts are derived from evidence submitted by the parties in support of, and in opposition to, the summary judgment motion, viewed in a light most favorable to plaintiff. Brill v. Guardian Life Ins. Co. of Am., 142 N.J. 520, 540 (1995). Plaintiff, a New Jersey resident, began his employment as a salesman with Wechsler Coffee in 1988. During his employment, his sales territory included New York, New Jersey, Long Island and Rockland County, New York. He began his employment with defendant Sara Lee Corporation (Sara Lee) in June 1999, when Sara Lee purchased Wechsler Coffee. Plaintiff became a Product Specialist, and his sale territory was expanded to include Cleveland, New Hampshire and Philadelphia. To reach these locations, plaintiff traveled by airplane, train or automobile, sometimes traveling with other employees.
Plaintiff held various other sales positions with Sara Lee from 1999 to 2006, which also required him to travel. In July 2006, plaintiff became a Solution Sales Representative with a sales territory in lower Manhattan. His responsibilities included servicing existing customers and expanding Sara Lee's business in the lower Manhattan area through existing customers and new customers, with quotas for each. The position required plaintiff to travel from New Jersey to various locations in lower Manhattan on a daily basis during the work week.
In August 2006, plaintiff began suffering panic attacks when he traveled or was "stuck" in traffic in tunnels or on bridges, took public transportation, or was in airports, on an airplane, or in crowded places. These attacks occurred whether or not he was driving with someone but they were more intense when he traveled alone.
Plaintiff eventually sought medical treatment after the attacks became more frequent and worsened. In January 2007, his primary care physician initially diagnosed him with anxiety and depression, and prescribed anti-anxiety medication. Because plaintiff's "symptoms became too severe for him to continue working[,]" on January 17, 2007, plaintiff requested and received a leave of absence pursuant to the Family Medical Leave Act (FMLA).*fn1 Plaintiff returned to work in late February 2007. In March 2007, David Brozyna, M.D., a psychiatrist, diagnosed plaintiff with agoraphobia, situational panic attacks and anxiety, and prescribed anti-anxiety medication.
In June 2007, plaintiff suffered an attack while stopped alone in traffic in the Lincoln Tunnel while traveling to lower Manhattan. He became "too ill to work[,]" resulting in a second leave of absence. On July 31, 2007, Dr. Brozyna signed a disability certificate (the first disability certificate) confirming that plaintiff was "totally incapacitated" from June 27 to August 1, 2007 and could return to work after August 1, 2007, with the following limitations:
[Plaintiff] has been diagnosed [with] agoraphobia and situational panic attacks related to situation or places from which escape may be difficult or embarrassing or in which help may not be available in the event of a situationally predisposed [p]anic [a]ttack. These [situations] include being in a crowd, traveling in tunnels or bridges or on public transportation. An [a]ccommodation is appropriate.
At this time, defendant Cecilia Griffith was Sara Lee's Regional Human Resources Manager, defendant Jessica Thiebaud was the Solutions Sales Manager/Key Account Manager and plaintiff's manager, and Jon Marzetta was the Eastern Zone Director and Thiebaud's supervisor. On July 31, 2007, plaintiff advised Griffith and Thiebaud that he intended to return to work on August 2, 2007, and wanted to meet with them "to discuss changing my work environment and/or duties and workload as suggested by my physician in order to accommodate my health needs." Thiebaud offered to meet with plaintiff on August 2 or 3, 2007. Griffith asked plaintiff to "[p]lease let me know what accommodations you are looking for." Plaintiff did not return to work on August 2, 2007. Instead, he sent Griffith the first disability certificate.
Plaintiff exhausted his medical leave as of August 6, 2007. On August 7, 2007, plaintiff met with Griffith. Based on plaintiff's medical restrictions, Griffith did not believe that he could travel to New York City on a daily basis in order to fulfill his job, or that it would be possible to accommodate him so as to allow him to do so.
Griffith and Thiebaud discussed whether any of the New Jersey sales territories could accommodate plaintiff's medical restrictions. At the time, there were three sales territories that contained regions of New Jersey, all of which were occupied by other employees. One sales territory comprised almost all of northern New Jersey and Staten Island, and one comprised parts of Bergen County and Rockland and Westchester Counties in New York. These territories did not meet plaintiff's medical restrictions because they required travel over bridges. The third territory comprised southern New Jersey. Griffith and Thiebaud determined that switching plaintiff and the employee who occupied this territory would be too burdensome for that employee, who lived in Toms River.
After conferring with Marzetta and Thiebaud, Griffith decided that plaintiff could not perform his job duties with or without an accommodation. Marzetta then decided that plaintiff's position had to be filled because it had been vacant for a long time, the sales territory was "not fulfilling its objectives[,]" and the company "need[ed] someone who is producing." Griffith then notified plaintiff that he had exhausted his FMLA benefits, and that Sara Lee "will commence a search to find a candidate to replace you." She also advised plaintiff that
Once you are able to return to work, please contact me. If your position has not been filled, you will be able to return to work in that capacity. If your position has not been filled you are eligible to apply for any open position for which you are qualified. If no position is available your employment will be terminated. When terminated, you will be able to apply for unemployment insurance benefits.
On August 13, 2007, Dr. Brozyna signed a Request for Medical Information for Reasonable Accommodation form, verifying that plaintiff had an impairment that limits a major life activity, which he described as "severe anxiety . . . situational panic attacks related to Agoraphobic situations [i.e.] alone in crowds, driving in heavy traffic, on bridges or tunnels[.]" The doctor concluded that plaintiff's disability rendered him "unable to travel to his job territory." (Emphasis added). Plaintiff submitted this form to Griffith on August 16, 2007.
On August 15, 2007, Sara Lee issued a personnel requisition to advertise for someone to fill plaintiff's position. On September 10, 2007, Sara Lee hired William Scannell for that position.
On September 13, 2007, Dr. Brozyna signed a disability certificate (the second disability certificate), which plaintiff submitted to Sara Lee, confirming that plaintiff was "totally incapacitated" from June 27, to September 16, 2007, and could return to work with the following limitations:
[Plaintiff] requires an accommodation under [the] American with Disabilities Act (ADA-905) where he will not be in situations requiring him to travel [through] tunnels, over bridges or use public transport[ation] because of panic attacks caused by his Agoraphobia. This [is] situationally predisposed by the nature of his disability.
An accommodation is appropriate in this instance.
In October 2007, Griffith advised plaintiff that "[i]n order to assess your request for an accommodation, please provide details around the specific accommodation you are seeking." Plaintiff replied that "[d]espite your request, potential accommodations cannot be discussed in a vacuum[,]" and "unless and until you are able to provide me with a specific position, I cannot provide you with specific details around what accommodation I would need, if any." Griffith responded as follows:
Please note that my request to you . . . to provide information as to what accommodations you seek is my attempt to have an interactive discussion with you in compliance with the [ADA].
In order to move forward to determine whether there are any positions you are able to perform, with [or] without accommodations, you must tell me which positions you are interested in pursuing and then whether you need any accommodations.
Then we must review those accommodations in order to perform those jobs and determine whether we can accept them.
In our previous discussions, you mentioned that you are unable to travel over bridges or through tunnels. Your previous territory includes traveling into Manhattan via bridges and tunnels. Accordingly, to move you to another territory, if one were available, we would have to presumably reassign another [Solution Sales Representative] to travel to Manhattan from a farther location. We have determined that such a change would be burdensome.
Therefore, I am asking for your assistance and your cooperation in this interactive discussion to determine whether you have other suggestions or proposed accommodations.
Plaintiff did not reply. Instead, he filed a complaint on October 31, 2007, alleging a violation of the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49.
For the first time at his deposition, plaintiff proposed two possible accommodations: (1) change his sales territory to New Jersey; or (2) assign a "route driver" to accompany him to and from his appointments in Manhattan. Plaintiff does not dispute that there was no available position in New Jersey, or that route drivers are on a strict delivery schedule, which does not conform to the variable appointment schedule of a Solutions Sales Representative.
Defendants filed a motion for summary judgment. In an oral opinion rendered August 28, 2009, the trial judge granted the motion concluding that plaintiff could not have performed the essential functions of his job with or without an accommodation, and failed to present evidence that could support a finding that Sara Lee's reason for his termination was pretextual. The judge noted that prior to his termination, plaintiff provided no information that his condition was temporary, and that his termination was based on his doctor's expert opinion that he was totally incapacitated and unable to travel to his job territory.
The judge found that plaintiff never proposed a reasonable accommodation request during his employment; the accommodations proposed at his deposition did not address his limitations, were not reasonable, and imposed an undue hardship on Sara Lee, who would be required to reassign another employee or route driver to accompany plaintiff, thus "paying two people for the same time and distance [traveled;]" and "there was no way to accommodate the panic attacks due to the agoraphobia and their resultant triggers . . . no matter where the territory was." This appeal followed.
On appeal, plaintiff contends that the judge erred in granting summary judgment because he made a prima facie showing of disability discrimination. He argues that he was able to perform his essential job duties with an accommodation; defendants' reason for filling his position was pretextual; and Sara Lee's failure to engage in the interactive process is prima facie evidence of disability discrimination. Plaintiff also contends that the judge improperly concluded that he bore the burden to offer possible accommodations during his employment, and erred in finding, without evidential proof, that an accommodation would create an undue hardship on Sara Lee.
Our review of a ruling on summary judgment is de novo, applying the same legal standard as the trial court. Chance v. McCann, 405 N.J. Super. 547, 563 (App. Div. 2009). Thus, we consider, as the trial judge did, "'whether the evidence presents a sufficient disagreement to require submission to a jury or whether it is so one-sided that one party must prevail as a matter of law.'" Liberty Surplus Ins. Corp. v. Nowell Amoroso, P.A., 189 N.J. 436, 445-46 (2007) (quoting Brill, supra, 142 N.J. at 536). Summary judgment must be granted "if the pleadings, depositions, answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact challenged and that the moving party is entitled to a judgment or order as a matter of law." R. 4:46-2(c). If there is no genuine issue of material fact, we must then "decide whether the trial court correctly interpreted the law." Massachi v. AHL Servs., Inc., 396 N.J. Super. 486, 494 (App. Div. 2007), certif. denied, 195 N.J. 419 (2008).
The LAD prohibits employment discrimination based on a disability. N.J.S.A. 10:5-4.1. The burden of proving discrimination "remains with the employee at all times." Zive v. Stanley Roberts, Inc., 182 N.J. 436, 450 (2005). In a reasonable accommodation case, a plaintiff must prove that: (1) he was handicapped or disabled within the meaning of the LAD; (2) he was qualified to perform the essential functions of the position of employment, with or without accommodation; and (3) he suffered an adverse employment action because of the handicap or disability. Victor v. State of New Jersey, 401 N.J. Super. 596, 614 (App. Div. 2008), certif. granted, 199 N.J. 542 (2009); Bosshard v. Hackensack Univ. Med. Ctr., 345 N.J. Super. 78, 91 (App. Div. 2001). In this case, there is no dispute that plaintiff satisfied elements one and three. The focus, therefore, is on the second element.
The LAD prohibits the discriminatory discharge of an employee based on a disability unless the employer "'reasonably arrive[s] at'" the conclusion that the employee's disability "'reasonably precludes the performance of the particular employment.'" Jansen v. Food Circus Supermarkets, Inc., 110 N.J. 363, 367 (1988) (quoting N.J.S.A. 10:5-2.1 and 10:5-4.1); see also Raspa v. Office of Sheriff of Gloucester, 191 N.J. 323, 338 (2007); Potente v. County of Hudson, 187 N.J. 103, 110-11 (2006). The LAD "leave[s] the employer with the right to fire or not to hire employees who are unable to perform the job, 'whether because they are generally unqualified or because they have a handicap that in fact impedes job performance.'" Jansen, supra, 110 N.J. at 374 (quoting Andersen v. Exxon Co., 89 N.J. 483, 496 (1982)). Thus, an employer is not required to accommodate an employee who cannot perform his essential job functions even with an accommodation. Hennessey v. Winslow Twp., 368 N.J. Super. 443, 452 (App. Div. 2004), aff'd, 183 N.J. 593 (2005); Tynan v. Vicinage 13 of the Superior Court, 351 N.J. Super. 385, 397 (App. Div. 2002); see also Conoshenti v. Public Service Electric & Gas Co., 364 F.3d 135, 150 (3d Cir. 2004) (affirming summary judgment for employer because LAD does not require employer to accommodate employee who was "unable to perform any of the functions of his job."); Van de Pol v. Ceasars Hotel Casino, 979 F. Supp. 308, 313 (D.N.J. 1997) (granting summary judgment to employer because the LAD does not require employer to accommodate employee who "was not physically capable of safely performing any of his duties[.]").
Generally, an employer must initiate a good faith "interactive process" regarding accommodations before determining that the employee's disability reasonably precludes performance of his or her essential job functions. Tynan, supra, 351 N.J. Super. at 400. Employers can show such good faith attempt by "meet[ing] with the employee[,] . . . request[ing] information about the condition and what limitations the employee has, ask[ing] the employee what he or she specifically wants . . . and offer[ing] and discuss[ing] available alternatives when the request is too burdensome." Taylor v. Phoenixville Sch. Dist., 184 F.3d 296, 317 (3d Cir. 1999). Participation in the interactive process is not a oneway street. It "is the obligation of both parties," and the "employer cannot be faulted if after conferring with the employee to find possible accommodations, the employee then fails to supply information that the employer needs or does not answer the employer's request for more detailed proposals." Ibid.
Proof alone of the employer's failure to engage in the interactive process is insufficient to meet the employee's prima facie burden. Donahue v. Consol. Rail Corp., 224 F.3d 226, 234 (3d Cir. 2000); Victor, supra, 401 N.J. Super. at 614. The employee still has the burden to prove the basic essential elements of a discrimination case, and must show that reasonable accommodation for his or her disability was possible even where the employer acted wrongfully in failing to engage in the interactive process to find such an accommodation. Victor, supra, 401 N.J. Super. at 614. As part of that burden, the employee must prove that he was qualified to perform the job and that "the accommodation could have been reasonably achieved." Id. at 615; see also Potente, supra, 187 N.J. at 110. The employee is not required during his employment to state what specific accommodation he is seeking. Tynan, supra, 351 N.J. Super. at 399. However, after he files a complaint, he is required, as part of his burden of proof, to provide examples of what the employer could have done to accommodate his specific needs. Donahue, supra, 224 F.3d at 234. Where a plaintiff cannot demonstrate that a reasonable accommodation existed, the employer's lack of investigation is unimportant. Id. at 233; Willis v. Conopco, Inc., 108 F.3d 282, 285 (11th Cir. 1997).
Further, if an employee requests a transfer to another position, he has to prove that (1) there was a vacant, funded position available; (2) the position was at or below the level of his former job; and (3) he was qualified to perform the essential duties of this job with reasonable accommodation. Donahue, supra, 224 F.3d at 230; see also Mengine v. Runyon, 114 F.3d 415, 418 (3d Cir. 1997). "An employer is not required to 'bump' another employee in order to reassign a disabled employee to that position." Cravens v. Blue Cross & Blue Shield of Kansas City, 214 F.3d 1011, 1019 (8th Cir. 2000). See also Burns v. Coca-Cola Enters., Inc., 222 F.3d 247, 257 (6th Cir. 2000); Smith v. Midland Brake, Inc., 180 F.3d 1154, 1175 (10th Cir. 1999); Dalton v. Subari-Isuzu Automotive, Inc., 141 F.3d 667, 678 (7th Cir. 1998).
We disagree with defendant that Sara Lee failed to engage sufficiently in the interactive process. Its representatives met with plaintiff, requested information about his condition and what limitations he had, asked him what he specifically wanted, and considered a possible transfer to another position. Plaintiff, on the other hand, never responded to Griffith's request for more detailed proposals.
Furthermore, even assuming that Sara Lee failed to sufficiently engage in the interactive process, plaintiff would not have been absolved of his burden to prove that he could perform his essential functions even with an accommodation. Plaintiff failed to meet this burden. There is no dispute that traveling to New York on a daily basis was an essential function of plaintiff's job. Prior to the time Sara Lee filled plaintiff's position, his doctor confirmed that he was "totally incapacitated," "unable to travel to his job territory," and could not travel at all over bridges, through tunnels, in traffic or crowded places, or on public transportation. Accordingly, plaintiff could not perform an essential job function even with the accommodations he proposed after his discharge.
Also, plaintiff failed to demonstrate that there were reasonable accommodations available and that his proposed accommodations were reasonable. There was no vacant sales position in New Jersey, as all three local sales territories were occupied by other employees, who Sara Lee was not required to "bump" in order to accommodate plaintiff. Although plaintiff presented evidence that other employees had occasionally accompanied him while traveling, he failed to demonstrate that it would have been reasonable to require Sara Lee to assign another employee to do so on a daily basis.
Finally, plaintiff failed to show that Sara Lee's reason for his discharge was pretextual. Plaintiff concedes that his sales territory was not meeting its sales goals and was losing business. Such poor performance was a legitimate, non-discriminatory reason for plaintiff's discharge.
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Alumni News & Events
The McColl School Alumni Association (MSAA) strives to offer alumni, students and friends a variety of programming throughout the year, from career services functions to social events to professional networking seminars. Below is a list of the MSAA's upcoming events. If you are interested in learning more, please contact email@example.com.
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$4.75 Your Price
BIC Magic Marker Brand Window Markers feature highly visible ink designed to adhere to glass and mirrors. The vibrant colors are perfect for both transparent and dark surfaces, and marks remove easily with a wet cloth. Marker Type: Glass; Tip Type: Bullet.
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7384 Agawa Trail NE, Rockford MI, 49341
Sold Price:
4 beds , 3 Full/1 Half baths
1,587 sqft
Status: Closed
Last Updated: 12/3/2016 12:07 AM
Description for 7384 Agawa Trail NE Rockford, MI 49341
Super sharp 4 bed, 3.5 Bath Walkout 2 story Rockford home with 3+ car garage in the Tillicum Farms Association of low tax Cannon Township has it all! Immaculate home with open floor plan, vaulted ceilings, open stairway leading to the 2nd floor bedrooms & computer area, spacious main floor master suite & main floor laundry. Energy efficient zone heating. Underground sprinkling for that green plush lawn. Common areas to the side & back for plenty of breathing room between homes. Enjoy basketball/tennis courts, a soccer field, playground, walking/hiking trails, and no thru traffic. The garage boasts a 3rd stall with 9' high and 8' wide door and deep enough to fit your boat or any size SUV! One Year Home Protection One Home Warranty Included at list price!
Sold Price:
Sold Date:12/22/2014
Cannon Twp
3 Full/1 Half
1,587 (approx)
Listing Information
Cannon Twp
Softener Own, Water
Public Sewer
Natural Gas
School Information
Room Information
Living Room
Interior Features
Dishwasher, Garbage Disposal, Microwave, Convection Oven, Range, Refrigerator
Central Air, Ceiling Fan(s)
Gas Heat, Forced Air
Insulated, Screened
1, Gas logs
Security System
Exterior / Lot Features
Attached Garage, 3 Car Garage
Deck, Patio
In Ground Sprinklers
Club House, Paved Road, Private Roads
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Belding Rd (M-44) to Young Ave, N to 9 Mile Rd, E to Tillicum Trail, stay on until it curves around and becomes Agawa Trail and you come to the property
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Rockford Real Estate
Rockford is located in Michigan. Rockford, Michigan 49341 has a population of 5,710.
The median household income in Rockford, Michigan 49341 is $55,753. The median household income for the surrounding county is $51,030 compared to the national median of $53,046. The median age of people living in Rockford 49341 is 31.8 years.
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Social Media and Digital Marketing Officer
This post is Temporary till 31st July 2017
We are looking to appoint a Social Media and Digital Marketing Officer. This is a key role that will work on developing and expanding our business facing digital content across several websites and maximising opportunities through social media.
To be successful in this role you will be able to demonstrate experience of using Joomla and Wordpress plus CMS systems and also have used social media in B2B context. You will be supporting a very busy and varied events programme helping to promote and support activity on and offline across our five Business Solutions Centres and beyond.
You will need to become an integral part of a busy multifunctional team as well as being able to work autonomously. You will need excellent verbal and written communication skills along with a good eye for detail. Familiarity with Microsoft Office programmes such as Word, Excel and Powerpoint is essential.
You will be a highly motivated, flexible and adaptable individual who is able to undertake a diverse range of duties, working without supervision under pressure and meeting deadlines. Some out of normal hours working will be required.
The University of Wolverhampton values a diverse workforce and welcomes applications from all sections of the community.


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Uranium reactors are coming to a town near you. Okay…maybe they're not going to be moving in down the street. Unless you live in China. That's because China is planning on building AT LEAST one new nuclear reactor every year for the foreseeable future. Upper estimates from the World Nuclear Association have them building four to five new reactors a year.
India isn't far behind. They'll build an average of at least one new reactor every year until 2060. Dozens of countries in Europe and Asia are following suit…
I've talked before about supply constraints for new reactors coming on line. Here's a chart I've used before to illustrate the problem:
Right now, we're using more uranium than we produce. The result? Prices have already started to rise:
Just a few months ago, uranium sold for $40 a pound. Today, prices are homing in at $60 a pound.
Of course, if you look at the chart above, you'll see that prices were much, much higher in 2007.
I think we'll see higher uranium prices for years to come. And there's no more obvious way to profit from higher uranium prices than to buy the world's largest uranium producer.
As I wrote on August 31st:
My recommendation is simple. One company currently produces the lion's share of uranium: Cameco Corp. (NYSE: CCJ). They own the world's largest uranium mine which provides about 17% of the world's uranium every year. No other mine even comes close.
I fully expect this company to multiply gains made in the price of uranium. I'd suggest buying this company now, today, and holding it for at least ten years. I firmly believe that there isn't a safer way to get rich from commodities today than to buy this company.
As of my recommendation, the stock is up nearly 50%:
Like many commodity based stocks (and stocks in general) CCJ went on a hell of a run the past few months.
To that end, reader Matt I. wrote in and asked a very good question.
Hi Kevin. Do you think CCJ is still a buy? Thanks – Matt
When I recommended buying CCJ, it was selling for about 10 times earnings. Right now, it's closer to 15 times earnings, so it's still not extremely expensive.
I still believe this company is a great buy-and-hold for the next 10 years, and while I'm sure we'll see some sort of correction in the coming months – I still think this company is a great buy.
Despite a weaker third quarter (earnings fell 16% year-over-year) the rising price of uranium has moved this company's stock higher.
There are two easy to understand factors that influence CCJ's profitability:
- volume of sales
- price of uranium
So, I'd consider this company a buy as long as the above two trends are expected to rise (they are) AND the company sells for less than 20 times earnings.
Disclosure: No position


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March 28, 2007
NATIONWIDE MUTUAL INSURANCE CO., A/S/O JAMES BOYD & DESIREE BOYD, PLAINTIFFSv.NATIONAL RV HOLDINGS, INC., D/B/A NATIONAL RV, ET AL., DEFENDANTS
On July 2, 2004, a fire consumed a motor home belonging to James and Desiree Boyd, along with the Boyds' attached trailer and two Harley-Davidson motorcycles. Plaintiff, Nationwide Mutual Insurance Co. ("Nationwide"), as the Boyds' subrogee, filed this action to recover for the Boyds' losses and to seek relief for alleged breaches of express and implied warranties by Defendants National RV ("NRV") and Freightliner Custom Chassis Corp. ("FCCC").
The key question in this litigation is straightforward: What caused the fire? Nationwide's theory is that defective exhaust tubing caused the fire. Defendants deny liability and the case is schedule for jury trial on April 2, 2007. Now before the Court are the parties' motions in limine seeking to exclude certain evidence, including the testimony of the parties' experts. The Court will consider each motion seriatim.
I. FCCC'S MOTION IN LIMINE (Doc. No. 177)
In its motion in limine, FCCC seeks the exclusion of the following: testimony by Nationwide's expert witnesses; evidence related to Nationwide's claims under the Magnuson-Moss Warranty -- Federal Trade Commission Improvement Act ("Magnuson-Moss"), Pub. L. No. 93-637, 88 Stat. 2183 (1975); evidence related to Nationwide's claims for attorney's fees; evidence of other incidents or lawsuits; and any evidence not produced during discovery. (Doc. No. 177.) For the reasons that follow, FCCC's motion will be denied.
A. Nationwide's Failure to Disclose Expert Witnesses' Information
FCCC first argues that Nationwide's expert witnesses should be excluded on the grounds that Nationwide failed to comply with initial expert disclosure requirements. Federal Rule of Civil Procedure 26(a)(2)(B) provides that parties must disclose signed expert-witness reports, which must include, among other things, information related to the witness's conclusions, qualifications, compensation, and litigation history.*fn1
Nationwide recognizes that by failing to provide curricula vitae and complete, signed expert reports, it did not fully comply with Rule 26(a)(2). However, Nationwide claims that its failure was inadvertent and that it cured each deficiency shortly after the oversights were discovered.
FCCC argues that the oversights nevertheless warrant exclusion under Rule 37(c)(1), which provides that a Court may sanction a party who does not comply with Rule 26(a).*fn2
However, FCCC concedes that Nationwide "eventually produced the information required by Rule 26(a)(2)(B)" (Doc. No. 178, at 11; FCCC's Mem. in Support 5), and any other deficiencies have been cured through deposition testimony. Thus, although the Court appreciates that "a defendant should not be forced to go through such great lengths to have a plaintiff do what Rule 26 plainly and unequivocally requires" (id.), Nationwide's mistakes have been adequately and timely cured so that the Court finds that the exclusion of Nationwide's evidence would be unwarranted.
B. Mr. Mignogno's Expert Testimony
FCCC also seeks to exclude Nationwide's origin-and-cause expert witness, Dr. Mignogno, on the grounds that his testimony does not satisfy the evidentiary requirements set forth in Federal Rule of Evidence 702 and in Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993).*fn3 Rule 702 provides that:
If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.
Fed. R. Evid. 702.
As the Third Circuit has explained, "Rule 702 embodies a trilogy of restrictions on expert testimony: qualification, reliability and fit." Schneider v. Fried, 320 F.3d 396, 404 (3d Cir. 2003). The rules impose an obligation on district court judges to act as "gatekeepers" to ensure that an expert witness's testimony meets those three threshold requirements before consideration by a jury. Kumho Tire Co. v. Carmichael, 526 U.S. 137, 147 (1999); Daubert, 509 U.S. at 597. In fulfilling its obligation as a gatekeeper, a court exercises discretion when deciding whether to admit or deny expert testimony. Gen. Elec. Co. v. Joiner, 522 U.S. 136, 146-47 (1997).
When considering the first requirement, qualification, a Court must discern whether a purported expert has specialized knowledge in a given field. However, the bar for establishing that a witness has the requisite specialization is not set especially high, as "a broad range of knowledge, skills, and training qualify an expert." In re Paoli R.R. Yard PCB Litig., 35 F.3d 717, 741 (3d Cir. 1994). The inquiry under the second requirement, reliability, while "flexible," is significantly more searching. Kumho Tire, 526 U.S. at 150-52 (The gatekeeping requirement exists "to make certain that an expert, whether basing testimony upon professional studies or personal experience, employs in the courtroom the same level of intellectual rigor that characterizes the practice of an expert in the relevant field."). When deciding whether an expert witness's testimony is based upon a reliable methodology, a court should take the following factors into account:
(1) whether a method consists of a testable hypothesis; (2) whether the method has been subject to peer review; (3) the known or potential rate of error; (4) the existence and maintenance of standards controlling the technique's operation; (5) whether the method is generally accepted; (6) the relationship of the technique to methods which have been established to be reliable; (7) the qualifications of the expert witness testifying based on the methodology; and (8) the non-judicial uses to which the method has been put.
Paoli, 35 F.3d at 742 n.8. The third requirement, fit, demands that "the expert's testimony must be relevant for the purposes of the case and must assist the trier of fact." Schneider, 320 F.3d at 404.
In this case, Nationwide's origin-and-cause expert, Mr. Mignogno, is certified by the National Association of Fire Investigators as a fire and explosion investigator, with a specialty as a certified vehicle fire investigator, and as a certified fire investigator instructor. He has testified as an expert in over a dozen cases, in roughly half of which Mignogno was retained to determine the cause and origin of fire. Mignogno has worked as an investigator for ten years, and before that he worked in automotive repair for twenty years. For 28 years, he has served as a firefighter, including five years as a fire chief. Mignogno's general qualifications to testify to the cause of the fire that set the Boyds' motor home ablaze are not in dispute. Nevertheless, FCCC argues that Mignogno should not be permitted to testify as to several of his conclusions and opinions.
On July 16, 2004, Nationwide asked Mignogno to inspect the vehicle and attempt to determine the fire's cause. After concluding his investigation, Mignogno completed his expert report on October 15, 2004. In that report, Mignogno drew several major conclusions: (1) that the fire originated in the right rear corner of the vehicle; (2) that the vehicle's components (including electrical, heating, and refrigeration components) did not cause the fire; (3) that a hole existed in the flexible exhaust pipe before the fire occurred; (4) that "[t]he hole in the flexible exhaust pipe . . . allowed hot exhaust gasses to contact combustibles in the area, which ignited the combustibles, causing this event"; and (5) that a "flexible exhaust pipe should not have been used in this area. Instead a pre-bent exhaust pipe should have been used." (Doc. No. 178, Ex. A; Mignogno's Oct. 15, 2004, report.)
FCCC objects on various grounds to Mignogno's third, fourth, and fifth conclusions. FCCC argues that Mignogno is unqualified to speak to the third and fifth conclusions -- that a hole in the flexible exhaust pipe existed before the fire occurred and that a pre-bent exhaust pipe should have been used -- and that Mignogno's methodology in reaching his fourth conclusion is unreliable. The Court will address each objection in turn.
1. Mignogno's Conclusions Regarding the Formation of a Hole in the Flexible Tubing and the Preferability of a Pre-Bent Exhaust Pipe
With respect to when the hole in the exhaust pipe existed, Mignogno explained that through visual inspection of the relative oxidation levels at the hole he could determine that the hole existed before the fire occurred. (Mignogno Dep. 51.) FCCC asserts that Mignogno is plainly unqualified to reach that conclusion. As described above, the Federal Rules of Evidence require that expert witnesses testify with the "same level of intellectual rigor that characterizes the practice of an expert in the relevant field." Kumho Tire, 526 U.S. at 152. Central to the Court's gatekeeping role, therefore, is defining the relevant field of expertise, as "there are many different kinds of experts, and many different kinds of expertise." Kumho Tire, 526 U.S. at 150.
FCCC characterizes the relevant field as metallurgy and material science while Nationwide characterizes the relevant field as fire investigation. The Court agrees with Nationwide that Mignogno's testimony bears on fire investigation rather than the metallurgical properties of the flexible tube. Specifically, Mignogno justified his conclusion as follows: "[i]f the hole had occurred after the fire by means of impact . . . the oxidation level [at the point of impact] would be different from the area around it." (Mignogno Dep. 52.) He stated that he has no opinion as to how long before the fire the hole formed, or the manner in which it formed. (Mignogno Dep. 52, 56.) Rather, his conclusion and the basis for his opinion was limited to his observation that, in his experience as a fire investigator, holes developing after a fire have different oxidation levels, and the hole in question did not. The parties agree that Mignogno is amply qualified to testify within the field of expertise as a fire investigator, and this conclusion falls within the relevant field of expertise.
On the other hand, it is substantially less certain that Mignogno is qualified to testify as to his conclusion that a pre-bent pipe should have been used. In his deposition, Mignogno testified that he reached his opinion that rigid pre-bent tubing is preferable because "over [his] years of seeing flexible pipe the times that I have worked with flexible pipe and have had to replaced flexible pipe, it's my opinion that I think flexible pipe doesn't last as long as rigid pipe." (Mignogno Dep. 57.) But Mignogno's qualifications with respect to comparing rigid tubing to flexible pipe are unclear. For example, although Mignogno testified that he worked as a technician for twenty years, he testified that he came in contact with flexible tubing only "[o]nce in a while" in vehicle application. (Mignogno Dep. 53-54.) While Mignogno's views about rigid pre-bent pipe may have formed through extensive experience as an automobile mechanic, it is an open question based on the record before the Court as to whether Mignogno is qualified as an "expert" within the meaning of the Federal Rules of Evidence to offer his opinion that flexible tubing should not have been used. Accordingly, the Court will reserve ruling on the admissibility of Mignogno's testimony related to his conclusion that rigid pre-bent tubing should have been used in the motor home.
2. The Reliability of Mignogno's Methodology in Determining the Cause of the Fire
FCCC also argues that Mignogno should not be permitted to testify as to his fourth conclusion because "[b]ased on the text of the report, Mr. Mignogno's opinion amounts to nothing more than a 'hunch.'" (Doc. No. 178, 14; FCCC's Mem. in Support of the Mot. in Limine 8.) The Court disagrees. Mignogno, in his deposition and in his report, indicated that his investigation was conducted in accordance with NFPA 921. Courts, inside and outside of this circuit, have uniformly found that NFPA 921 (promulgated by the National Fire Protection Association) is a "lengthy and specific document that contains detailed discussions on investigations of everything from motor vehicles and Molotov cocktails to explosions and electrical fires." Booth v. Black & Decker, Inc., 166 F. Supp. 2d 215, 220 (E.D. Pa. 2001); Pappas v. Sony Elecs., Inc., 136 F. Supp. 2d 413, 425 & n.15 (W.D. Pa. 2000); Snodgrass v. Ford Motor Co., No. 96-1814, 2002 U.S. Dist. LEXIS 13421, at *48-57 (D.N.J. Mar. 28, 2002); see also Fireman's Fund Ins. Co. v. Canon U.S.A., Inc., 394 F.3d 1054, 1057-58 (8th Cir. 2005) ("[NFPA 921] qualifies as a reliable method endorsed by a professional organization."); McCoy v. Whirlpool Corp., 214 F.R.D. 646, 653 (D. Kan. 2003) (describing NFPA 921 as the "gold standard" for fire investigations).
In this case, Mignogno testified that he followed the approach set forth in NFPA 921 when conducting his investigation of the motor home.*fn4 Section 4.1 of NFPA 921 states that "[w]ith few exceptions, the proper methodology for a fire or explosion is to first determine and establish the origin(s), then investigate the cause: circumstances, conditions, or agencies that brought the ignition source, fuel, and oxidant together." Here, after receiving his assignment, Mignogno first determined through examination of the exterior of the vehicle that the fire began at the "right rear corner of the vehicle." (Doc. No. 178-2, at 3; Mignogno's Oct. 15, 2004, report.) Then Mignogno investigated the vehicle's wiring, components, the engine's electrical system, trailer, and most importantly the exhaust pipe, in which he discovered a hole that he believed pre-existed the fire.*fn5 Through his observations, Mignogno concluded that the hole in the exhaust pipe permitted the exhaust gases to contact combustibles, thereby causing the fire.
Although FCCC does not dispute that Mignogno complied with NFPA 921, FCCC asserts that Mignogno's deposition reveals "critical deficiencies" with his methods. (Doc. No. 178, 18-19; FCCC's Mem. in Support 12-13.) For example, FCCC suggests Mignogno's investigation was "obviously incomplete" because he did not personally speak with the Boyds or review a deposition transcript, and instead relied on the facts "provided by a potentially biased party [a claims adjuster for Nationwide]." (Id.) However, FCCC provides no support for the proposition that Rule 702 (or NFPA 921) establishes a special obligation on an expert witness to conduct interviews or to review deposition records in order to assure himself that the circumstances presented to the expert are those that actually occurred. By the same token, FCCC asserts that Mr. Mignogno "relied on vague, generalized data from the 'Ignition Handbook' and a website to provide him with information regarding the temperature of the exhaust and the ignition temperature of the fiberglass." Mignogno's reliance on secondary data does not suggest unreliability in his methodology or his conclusion.*fn6 His conclusion as an expert may be challenged at trial, but to the extent that Mignogno's conclusion is supported by the same level of intellectual rigor that a fire inspector must rely upon, the Court will permit him to testify regarding his analysis and conclusions.
C. Nationwide's Magnuson-Moss and Attorney's Fees Claims
FCCC also seeks to exclude all reference to or evidence in support of Nationwide's claims under the Magnuson-Moss act and for attorney's fees for such claims.*fn7 Nationwide argues that FCCC's arguments are premature and not appropriate for a motion in limine. The Court agrees and will deny FCCC's motion without prejudice to a later motion for judgment as a matter of law.
D. Evidence of Other Incidents and Lawsuits
FCCC argues that any evidence of other incidents that are not "substantially similar" to the instant case should not be allowed under Federal Rules of Evidence 401 and 403. In the motion, FCCC represents that it "recently learned of another incident that involves the allegation of a problem with the flexible tube used in the exhaust system and supplemented its previous discovery response identifying this other incident. No facts relating to this other incident have been produced or discovered in this case, however. Thus, the circumstances surrounding the other incident are not known." (Doc. No. 178, at 29; FCCC's Mem. in Support 23.) The Court accordingly is unable to discern whether the evidence of other incidents is properly admitted in this case. However, should Nationwide attempt to offer evidence related to such incidents at trial, it should be prepared to justify the evidence's relevance to this case.
E. Evidence Not Produced
FCCC seeks to preclude Nationwide from introducing any evidence that has not been disclosed to date. FCCC has not identified which evidence it has in mind. When exercising its discretion to exclude evidence for failure to comply with discovery orders, the Court should consider a number of factors before imposing the sanction of exclusion, including:
(1) the prejudice or surprise in fact of the party against whom the excluded witnesses would have testified, (2) the ability of that party to cure the prejudice, (3) the extent to which waiver of the rule against calling unlisted witnesses would disrupt the orderly and efficient trial of the case or of other cases in the court, and (4) bad faith or willfulness in failing to comply with the district court's order.
In re TMI Litig., 193 F.3d 613, 721-22 (3d Cir. 2000). Due to the nature of the case-by-case inquiry that the Court must engage in when deciding whether to exclude evidence, the Court will deny FCCC's motion in this respect without prejudice.
II. NATIONWIDE'S MOTIONS IN LIMINE (Doc. Nos. 173, 175)
Nationwide seeks to exclude testimony offered by NRV's expert witness, W.L. Davison, and a fact witness, Richard Gonzalez.
A. W.L. Davison's Expert Testimony
Nationwide argues that Davison should not be allowed to testify as an expert under the standards set forth in Rule 702 and Daubert, supra. Nationwide's argument rests primarily on its assertion that Davison did not conduct a sufficiently thorough investigation of the Boyds' motor home before reaching his conclusions. Nationwide also suggests that Davison's testimony is unreliable because he neither conducted a complete investigation pursuant to the guidelines set forth in NFPA 921 nor attempted to determine the cause of the fire himself.
NRV argues that it intends to call Davison for the sole purpose of rebutting Mignogno's testimony, not to advance a different causation theory. To that effect, NRV correctly argues that Nationwide bears the burden of proof to identify the cause of the fire. In his expert report, Davison focuses on Mignogno's conclusions, rejects them, and concludes that the cause of the fire is undetermined and that Mr. Mignogno's theory is otherwise unsupportable. Given that Davison is offered as an expert witness to counter Mignogno's testimony, the Court notes that the scope of Davison's investigation may well differ from Mignogno's. Although Nationwide insists that Davison did not follow any reliable methodology and while his deposition reflects his view that NFPA 921 may not "the end-all authoritative document" (Doc. No. 176-3, at 15; Davison Dep. 25), the Court understands Davison's expert report to explicitly reference NFPA 921 and he Davison unmistakably stated in his deposition that his inspection "to the extent that it was completed" was conducted in conformance with the NFPA 921 guideline (id.). The Court therefore finds that his methodology is sufficiently reliable to testify as the cause of the fire, or the indeterminacy thereof.
B. Richard Gonzalez
Nationwide also argues that NRV should not be allowed to introduce Richard Gonzalez as a witness in this case. In this regard, Nationwide first contends that Gonzalez should not be permitted to testify as an expert witness because NRV has never identified him as an expert pursuant to their pretrial disclosure obligations. Nationwide also argues that because NRV failed to disclose Gonzalez as a "fact" witness until February 2, 2007, in an amended pretrial statement, he should not be allowed to testify. Finally, Nationwide argues that Gonzalez should not be permitted to testify, because his testimony is likely to mislead or confuse the jury.
NRV responds that it seeks to introduce Gonzalez for a single purpose: "He will merely testify to the manner in which his 'heat tests' were conducted, and Davison can use the information generated thereby as he sees fit." (NRV's Response at 6.) As such, if Gonzalez is permitted to testify, he will do so as a fact witness. However, to the extent that Nationwide has failed to explain how introduction of such testimony would unduly prejudice its case, or whether it is able to cure such prejudice, the Court will not exclude Gonzalez solely on the grounds that he has been introduced "late in the game." While Nationwide's motion will be denied, Nationwide is free to object at trial to the introduction of Gonzalez as a fact witness pursuant to Federal Rule of Evidence 703*fn8 or other applicable rules.
For the foregoing reasons, the Court will deny the parties' motions in limine. An appropriate order follows.
AND NOW, on this 28th day of March, 2007, for the reasons set forth in the accompanying memorandum, IT IS HEREBY ORDERED THAT Nationwide Mutual Insurance Co.'s motions in limine (Doc. Nos. 173, 175), National RV Holdings, Inc.'s motions in limine (Doc. Nos. 138, 169), and Freightliner Custom Chassis Corp.'s second amended motion in limine (Doc. No. 177) are DENIED. IT IS FURTHER ORDERED that the remaining motions (Doc. Nos. 101, 134, 187) are denied as MOOT.
Yvette Kane, Chief Judge United States District Court Middle District of Pennsylvania
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"Bring navigation!!" Puerto Rico Warnings Or Dangers Tip by Matt1982
Puerto Rico Warnings and Dangers: 59 reviews and 34 photos
I highly recommend bringing a GPS of some kind. I brought my tomtom and it saved me from wasting hours of my time trying to locate places. However, if you are trying to find a residence, a lot of times it will not be able to locate a specific address. Many city streets are not clearly labeled, this is why I recommended having a GPS.
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What a fantastic place, decked out in 70's "stuff" and nine ciders on tap. Popped in for a pint and bite after walking some of the coastal path and I wasn't disappointed. Highly recommended.
We have been visiting the Old Smithy for many years on holiday. The decor straight from the 70's is an eclectic mix of kitchen accessories and unusual pictures.
As for the food, it has always been served to a consistently high standard. We went on Friday which is Pie and a pint night for £10. There were a choice of...
This pub/restaurant was recommended to us by the owner of our holiday cottage and we were not dissapointed.
We visited at probably one of the most offpeak times, but everything was available, well presented, hot and in good time.
The pub itself is very querky, interesting and full off history, with bits & pieces of interest scattered around. The young...
This pub is fascinating; it is in the middle of nowhere but worth seeking out. The décor is pretty odd for a pub which must be centuries old: an eclectic mix of kitchen bits and 1970s domestic kitsch.
The pub was very busy indeed on our visit mid-week so something was obviously appealing about it. The food was varied and...
Thank you so much guys! Loved our lunch today, food was fabulous and as always was a great atmosphere. A firm favourite of ours - would highly recommend.
We visited The Old Smithy Inn for a meal on our recent minimoon. The place has real character and is very interesting to look around. We loved the fact they had a good selection of board games for people to play. Food was excellent, and very reasonable. Lovely, friendly owners and staff too!
Traditional English Pub with a twist--decorated with 70's memorabilia. The setting near Welcombe Mouth is beautiful with outdoor tables available. Of course there is a great selection of beer on tap, but food is quite good as well. Fun place--be sure on try it if you are in the area.
Lovely location, quirky & interesting interior, good food and drink. Well worth visiting the gorgeous beach
We visited this place several times in our week long stay.
It was right outside the cottage we stayed in , but it also has a beer garden , a good menu, excellent service and plenty of room - we arrived on Saturday evening , the bar was crowded and we still managed to find a table upstairs where it...
We found this pub by following a sign on the main road and drove way out into the country, so we're surprised to find all the tables reserved at 6.15 pm!! We soon discovered it was Friday pie and pint night! As one of the tables wasn't booked until 8 pm we were given that table and ordered our pie...
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