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Two suspects arrested in auto burglaries
Alameda police have arrested two suspects in a string of auto burglaries and have recovered the stolen property of up to six victims, including a GPS device belonging to Alameda County Supervisor Alice Lai-Bitker.
The suspects, 18-year-old Qaise Ghauss and 19-year-old Ruben Joseph "Grumpy" Sigala III, share a residence in Alameda and are suspects in up to nine similar cases of auto break-ins and auto vandalism, said police Sgt. Jill Ottaviano. Authorities also consider them to be suspects in the recent rash of vehicle break-ins in the blocks surrounding Edison Elementary School, though they are concentrating first on those cases in which property was stolen.
According to Ottaviano, the tip-off came from the victims of a June 28 auto burglary on the 1600 block Versailles Avenue. "The victims started searching Craigslist and noticed that a similar device was posted, so they notified the police department," she said. Police began communicating with the Craigslist seller and arranged for an undercover buy of the GPS unit.
Ghauss and Sigala arrived at the Tuesday meeting on the 1800 block of High Street with at least five stolen GPS devices in a backpack, police said. Both men were then arrested on charges of possessing stolen property. Sigala faces an additional charge of possessing burglary tools. Extra charges are expected to be filed.
"We've cleared six cases; I think we're going to clear about six more," said Ottaviano of the arrests.
Among the cases police said they have cleared is the theft of a GPS unit from Lai-Bitker's blue 1995 Toyota Prius, which she had apparently left unlocked near her residence. The theft occurred sometime between Monday afternoon and Tuesday morning.
A search of the suspects' residence also turned up a shotgun stolen in a 1993 San Francisco burglary, police said.
Though Ghauss and Sigala have not been tied to the series of incidents near Edison, they are "absolutely" suspects, said Detective Craig Vreeland. "It's the same time frame. It's the same," he said.
Meanwhile, police are investigating six residential and business burglaries as well as an attempted burglary at the West End Library, all of which occurred Wednesday, Vreeland said.


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"Ultimately, this is a classic of religious thought and is essential for libraries with a demonstrated interest in Buddhism or comparative religion. It should also be considered for all larger research collections and public libraries."—Library Journal
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"As timely and radiant as ever . . . an indispensable work for Buddhists of all stripes."—Tricycle: The Buddhist Review


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The Kentucky High School Speech League Regional Tournament was held this past weekend at LaRue County High School. More than 19 middle and high schools competed for a chance to compete at the state tournament at the University of Kentucky in March.
Gospel singing at God's House
Is there something that just sets your nerves aflame?
Sixth-grader Trey Ireland earned a once-in-a-lifetime trip to Washington D.C. to watch the historic inauguration of President Barak Obama.
Girls' youth softball sign-ups
LaRue County girls' youth softball will hold sign-ups 10 a.m.-1 p.m. Feb. 16 and 23; and 1-3 p.m. Feb. 24, at LaRue County Park and Recreation. No late sign-ups after tryouts are held. For more information, call 270-234-4887.
Youth soccer fundraiser – Mr. Gatti's Night
Like many people, Ben and Angela Roberts like to watch game shows on television and play along from the comfort of their home. One particular favorite has been "The Newlywed game."
Sophomore guard Alexis Brewer scored 23 points and junior guard Ivy Brown added a double-double Feb. 5 as the visiting Lady Hawks knocked off Nelson County – one of the top teams in the 5th Region.
The Lady Hawks won, 58-55, despite a 32-26 deficit at halftime.
Copyright © 2016
The LaRue County Herald is your source for local news, sports, events and information in LaRue County, KY, and the surrounding area.


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May 12, 2011
DONKEYBALL MOVIE, LLC, PLAINTIFF,v.DOES 1-171, DEFENDANTS.
Pending before the Court are motions to dismiss, quash, and for a protective order filed by putative defendant Kylauna McDonald.*fn1 Ms. McDonald has yet to be named as a defendant in this case, but claims to have received a notice from Comcast, her Internet Service Provider (hereinafter "ISP"), that plaintiff Donkeyball Movie, LLC seeks her identifying information in connection with allegations in the Complaint that certain IP addresses used a file-sharing program called BitTorrent to download and distribute illegally the plaintiff"s copyrighted movie Familiar Strangers. Ms. McDonald has filed motions seeking to prevent disclosure of her identifying information and otherwise to secure dismissal from the lawsuit. For the reasons set forth below, the putative defendant"s motions to quash, dismiss, and for a protective order are denied.
On September 10, 2010, plaintiff Donkeyball Movie, LLC filed a Complaint against 171 unnamed individuals who allegedly used a file-sharing protocol called BitTorrent to illegally infringe plaintiff"s copyright in the motion picture Familiar Strangers. Compl. ¶ 3, ECF No. 1. These unnamed computer users are identified only by their IP addresses. Given that the defendants in this case were unidentified at the time the plaintiff filed its Complaint, on October 19, 2010, the Court granted the plaintiff leave to subpoena ISPs to obtain identifying information for the putative defendants. Order Granting the Pl."s Mot. for Leave to Take Disc. Prior to Rule 26(f) Conference, Oct. 19, 2010, ECF No. 6 (Sullivan, J.). Specifically, the Court authorized the plaintiff to obtain "information sufficient to identify each Defendant, including name, address, telephone number, email address, and Media Access Control address." Id. at 1. This information was to be "used by Plaintiff solely for the purpose of protecting the Plaintiff"s rights as set forth in the Complaint." Id.
Since the Court approved expedited discovery, ISPs have provided identifying information for the putative defendants in response to the plaintiff"s subpoenas on a rolling basis.*fn2 Prior to providing the plaintiff with a putative defendant"s identifying information, however, the Court directed ISPs to send notices to putative defendants informing them of their right to challenge release of their information in this Court. Id. at 2. On April 4, 2011, the Court directed the plaintiff to dismiss the putative defendants that it did not intend to sue and to submit a report listing the putative defendants for whom it had yet to receiving identifying information. Order, Apr. 4, 2011, ECF No. 29. On April 15, 2011, the plaintiff voluntarily dismissed 117 putative defendants for which it had received identifying information but did not intend to sue in this Court. Pl."s Notice of Voluntary Dismissal, Apr. 15, 2011, ECF No. 30.
The Court is now presented with motions from a putative defendant who seeks to prevent disclosure of her identifying information or otherwise obtain dismissal from the lawsuit. ECF No. 31. The putative defendant generally denies using BitTorrent to download and distribute the plaintiff"s movie, and has filed a motion to quash under on FED. R. CIV. P. 45(c)(3), as well as a motion to dismiss asserting that she is improperly joined with other putative defendants, and a motion to dismiss for lack of personal jurisdiction. Additionally, the putative defendant has filed a motion for a protective order. For the reasons stated below, the Court denies all of these motions.
Putative defendant Kylauna McDonald has filed a motion to quash the plaintiff"s subpoena to ISP Comcast on grounds that she has "no knowledge of the alleged infringement" and because the subpoena subjects her to an undue burden. Kylauna McDonald"s Mot. Quash and/or Vacate Subpoena, ECF No. 31; Kylauna McDonald" Aff. Supp. Mot. to Dismiss, Mot. to Quash, and General Defenses, ECF No. 31, at 3; see also FED. R. CIV. P. 45(c)(3)(A)(iv). Both of these arguments are unavailing.
Under Federal Rule of Civil Procedure 45(c), the Court must quash a subpoena when, inter alia, it "requires disclosure of privileged or other protected matter, if no exception or waiver applies" or "subjects a person to undue burden." FED. R. CIV. P. 45(c)(3)(A)(iii)-(iv). The putative defendant"s general denial that she engaged in copyright infringement is not a basis for quashing the plaintiff"s subpoena. It may be true that Ms. McDonald has no knowledge of the alleged illegal infringement of the plaintiff"s copyrighted movie, and the plaintiff may, based on its evaluation of this assertion, decide not to name Ms. McDonald as a party in this lawsuit. On the other hand, the plaintiff may decide to name Ms. McDonald as a defendant in order to have the opportunity to contest the merits and veracity of her defense in this case. In other words, if Ms. McDonald is named as a defendant in this case, she may deny allegations that she used BitTorrent to copy and distribute illegally the plaintiff"s movie, present evidence to corroborate that defense, and move to dismiss the claims against her. A general denial of liability, however, is not a basis for quashing the plaintiff"s subpoena and preventing the plaintiff from obtaining Ms. McDonald"s identifying information. That would deny the plaintiff access to the information critical to bringing Ms. McDonald properly into the lawsuit to address the merits of both the plaintiff"s claim and Ms. McDonald"s defense. See Achte/Neunte Boll Kino Beteiligungs GMBH & Co, KG v. Does 1-4,577, 736 F. Supp. 2d 212, 215 (D.D.C. 2010) (denying motions to quash filed by putative defendants in BitTorrent file-sharing case and stating that putative defendants" "denial of liability may have merit, [but] the merits of this case are not relevant to the issue of whether the subpoena is valid and enforceable. In other words, they may have valid defenses to this suit, but such defenses are not at issue [before the putative defendants are named parties]."); see also Fonovisa, Inc. v. Does 1-9, No. 07-1515, 2008 WL 919701, at *8 (W.D. Pa. Apr. 3, 2008) (if a putative defendant "believes that it has been improperly identified by the ISP, [the putative defendant] may raise, at the appropriate time, any and all defenses, and may seek discovery in support of its defenses.").
The putative defendant"s argument that the plaintiff"s subpoena subjects her to an undue burden is also unavailing. Ms. McDonald essentially argues that the plaintiff"s subpoena requires her to litigate in a forum in which she should not be subject to personal jurisdiction, which causes her hardship. As explained more fully infra, the putative defendant"s personal jurisdiction arguments are premature at this time because she has not been named as a party to this lawsuit. Given that she is not a named party, Ms. McDonald is not required to respond to the allegations presented in the plaintiff"s Complaint or otherwise litigate in this district. The plaintiff has issued a subpoena to Comcast, the putative defendant"s ISP, not to the putative defendant herself. Consequently, Ms. McDonald faces no obligation to produce any information under the subpoena issued to Comcast and cannot claim any hardship, let alone undue hardship.*fn3
The putative defendant raises an additional argument in support of her motion to quash based upon her privacy interests. Although the plaintiff"s subpoena was not issued to her, she seeks to quash the plaintiff"s subpoena "pursuant to the personal right and privilege of protection of information." McDonald Mot. Quash and/or Vacate Subpoena, ECF No. 31, at 1. Rule 45(c)(3)(A)(iii) instructs a Court to quash a subpoena if it "requires disclosure of privileged or other protected matter." FED. R. CIV. P. 45(c)(3)(A)(iii). This rule, however, does not apply here.
The Court recognizes that Ms. Mcdonald"s First Amendment right to
anonymous speech is implicated by disclosure of her identifying
information. See Sony Music Entm't, Inc. v. Does 1-40, 326 F. Supp. 2d
556, 564 (S.D.N.Y. 2004) ("the file sharer may be expressing himself
or herself through the music selected and made available to others.");
see also London-Sire Records, Inc. v. Doe 1, 542 F. Supp. 2d 153, 163
(D. Mass. 2008). Nevertheless, whatever asserted First Amendment right
to anonymity the putative defendant may have in this context does not
shield her from allegations of copyright infringement.*fn4
See Arista Records LLC v. Does 1-19, 551 F. Supp. 2d 1, 8
(D.D.C. 2008) ("First Amendment privacy interests are exceedingly
small where the "speech" is the alleged infringement of copyrights.");
Achte/Neunte,736 F.
Supp. 2d at 216 n.2 ("the protection afforded to such speech is
limited and gives way in the face of a prima facie showing of
copyright infringement"); West Bay One, Inc. v. Does 1-1653, 270
F.R.D. 13, 16 n.4 (D.D.C. 2010) (same); Sony, 326 F. Supp. 2d at 567
(First Amendment right of alleged file-sharers to remain anonymous
"must give way to the plaintiffs" right to use the judicial process to
pursue what appear to be meritorious copyright infringement claims.");
Elektra Entm't Grp., Inc. v. Does 1-9, No. 04-2289, 2004 WL 2095581,
at *4-5 (S.D.N.Y. Sept. 8, 2004) (finding that First Amendment right
to anonymity is overridden by plaintiff"s right to protect copyright).
The plaintiff"s subpoena requesting the putative defendant"s identifying information from Comcast does not subject her to an undue burden nor is the plaintiff"s request for the information outweighed by any privacy interest or First Amendment right to anonymity. Moreover, a general denial of liability is not a proper basis to quash the plaintiff"s subpoena. Accordingly, Ms. McDonald"s motion, under Federal Rule of Civil Procedure 45(c)(3), to quash the subpoena is denied.
The putative defendant has also filed a motion for a protective order seeking to protect her identity from being disclosed to the plaintiff. Rule 26(c) provides that a court may "issue an order to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense." FED. R. CIV. P. 26(c)(1).*fn5 Such protective orders may forbid disclosure altogether, or, among other measures, "limit[ ] the scope of disclosure or discovery to certain matters." FED.R. CIV. P. 26(c)(1)(A) and (D). "[A]lthough Rule 26(c) contains no specific reference to privacy or to other rights or interests that may be implicated, such matters are implicit in the broad purpose and language of the Rule." In re Sealed Case (Medical Records), 381 F.3d 1205, 1215 (D.C. Cir. 2004) (quoting Seattle Times Co. v. Rhinehart, 467 U.S. 20, 35 n.21 (1984)).
As elaborated above, the putative defendant is not subject to the plaintiff"s subpoena, and therefore does not face any "annoyance, embarrassment, oppression, or undue burden or expense" from the plaintiff"s discovery request. See FED. R. CIV. P. 26(c)(1). To the extent that Ms. McDonald seeks a protective order to prevent disclosure of private identifying information, the Court has held that the putative defendant"s First Amendment right to anonymity in the context of her BitTorrent activity is minimal and outweighed by the plaintiff"s need for putative defendants" identifying information in order to protect its copyrights. See Call of the Wild Movie, LLC v. Does 1-1,062, No. 10-cv-455, 2011 WL 996786at *10-15 (D.D.C. Mar. 22, 2011). The putative defendant"s request for a protective order is therefore denied.
The putative defendant argues that she should be dismissed from the lawsuit because the plaintiff has improperly joined her with other putative defendants. McDonald"s Mot. Dismiss, ECF No. 31, at 3-4. The putative defendant"s argument that she is improperly joined may be meritorious should she be named as a defendant in this action. At this stage in the litigation, however, when discovery is underway to learn identifying facts necessary to permit service on Doe defendants, joinder, under Federal Rule of Civil Procedure 20(a)(2), of unknown parties identified only by IP addresses is proper. As discussed below, this conclusion is further supported by the allegations set forth in the Complaint, which sufficiently establishes a prima facie case of infringement of plaintiff"s copyright by users of the same file-sharing software program that operates through simultaneous and sequential computer connections and data transfers among the users.
At the outset, the Court notes that the remedy for improper joinder, under Federal Rule of Civil Procedure 21, is not dismissal of the action. *fn6 FED. R. CIV. P. 21 ("Misjoinder of parties is not a ground for dismissing an action."). Improper joinder may be remedied by "drop[ping]" a party and severing the claim against that party. FED. R. CIV. P. 21 ("On motion or on its own, the Court may at any time, on just terms, add or drop a party."). This would simply create separate actions containing the same claims against the same dropped putative defendants. See Bailey v. Fulwood, No. 10-463, 2010 U.S. Dist. LEXIS 141356, at *11 (D.D.C. Feb. 15, 2010); In re Brand-Name Prescription Drugs Antitrust Litig., 264 F. Supp. 2d 1372, 1376 (J.P.M.L. 2003) ("[S]everance of claims under Rule 21 results in the creation of separate actions."). The Court may exercise discretion regarding the proper time to sever parties, and this determination includes consideration of judicial economy and efficiency. See Disparte v. Corporate Exec. Bd., 223 F.R.D. 7, 10 (D.D.C. 2004) (Permissive joinder under Federal Rule 20 is designed "to promote trial convenience and expedite the resolution of lawsuits," quoting Puricelli v. CNA Ins. Co., 185 F.R.D. 139, 142 (N.D.N.Y. 1999)). For example, in London-Sire Records, Inc. v. Doe 1, 542 F. Supp. 2d 153 (D. Mass. 2008), the court consolidated separate Doe lawsuits for copyright infringement since the "cases involve[d] similar, even virtually identical, issues of law and fact: the alleged use of peer-to-peer software to share copyrighted sound recordings and the discovery of defendants" identities through the use of a Rule 45 subpoena to their internet service provider." Id. at 161. In the court"s view, consolidation of the separate lawsuits for the purposes of expedited discovery "ensures administrative efficiency for the Court, the plaintiffs, and the ISP, and allows the defendants to see the defenses, if any, that other John Does have raised." Id. The court noted that, after discovery, "[t]he case against each Doe [would] be individually considered for purposes of any rulings on the merits," and the putative defendants could "renew the severance request before trial if the case proceeds to that stage." Id. at 161 n.7.
In addition to providing efficiencies for expedited discovery on jurisdictional issues, defendants may be properly joined in one action when claims arise from the same transaction or occurrence or series of transactions or occurrences; and any question of law or fact in the action is common to all defendants. FED. R. CIV. P. 20(a)(2); see also Montgomery v. STG Int'l, Inc., 532 F. Supp. 2d 29, 35 (D.D.C. 2008) (interpreting Rule 20(a)(1), which has the same requirements as Rule 20(a)(2)). The requirements for permissive joinder are "liberally construed in the interest of convenience and judicial economy in a manner that will secure the just, speedy, and inexpensive determination of the action." Lane v. Tschetter, No. 05-1414, 2007 WL 2007493, at *7 (D.D.C. July 10, 2007) (internal quotation omitted); see also Davidson v. District of Columbia, 736 F. Supp. 2d 115, 119 (D.D.C. 2010). Thus, "the impulse is toward entertaining the broadest possible scope of action consistent with fairness to the parties; [and] joinder of claims, parties, and remedies is strongly encouraged." United Mine Workers of Am. v. Gibbs, 383 U.S. 715, 724 (1966).
In the present case, the plaintiff has met all the requirements for permissive joinder under Federal Rule of Civil Procedure 20(a)(2). The first requirement is that claims must "aris[e] out of the same transaction, occurrence, or series of transactions or occurrences." FED. R. CIV. P.20(a)(2)(A). This essentially requires claims asserted against joined parties to be "logically related." Disparte, 223 F.R.D. at 10. This is a flexible test and courts seek the "broadest possible scope of action." Lane, 2007 WL 2007493, at *7 (quoting Gibbs, 383 U.S. at 724).
The plaintiff alleges that the putative defendants, Ms. McDonald included, used the BitTorrent file-sharing protocol to distribute illegally the plaintiff"s motion picture. Compl., ¶ 3. This file-sharing protocol "makes every downloader also an uploader of the illegally transferred file(s). This means that every . . . user who has a copy of the infringing copyrighted material on a torrent network must necessarily also be a source of download for that infringing file." Id. The plaintiff further asserts that the "nature of a BitTorrent protocol [is that] any seed peer that has downloaded a file prior to the time a subsequent peer downloads the same file is automatically a source for the subsequent peer so long as that first seed peer is online at the time the subsequent peer downloads a file." Id. at ¶ 4.
Based on these allegations, the plaintiff"s claims against the putative defendants are logically related at this stage in the litigation. According to the plaintiff, each putative defendant is a possible source for the plaintiff"s motion picture, and may be responsible for distributing this copyrighted work to the other putative defendants, who are also using the same file-sharing protocol to copy and distribute the same copyrighted work. See Disparte, 223 F.R.D. at 10 (to satisfy Rule 20(a)(2)(A) claims must be "logically related" and this test is "flexible."). While the putative defendants may be able to rebut these allegations at a later date, at this procedural juncture the plaintiff has sufficiently alleged that its claims against the putative defendants potentially stem from the same transaction or occurrence, and are logically related. See Arista Records LLC v. Does 1-19, 551 F. Supp. 2d 1, 11 (D.D.C. 2008) ("While the Courts notes that the remedy for improper joinder is severance and not dismissal, the Court also finds that this inquiry is premature without first knowing Defendants" identities and the actual facts and circumstances associated with Defendants" conduct." (internal citation omitted)).
Some courts in other jurisdictions have granted motions by putative defendants for severance in analogous copyright infringement cases against unknown users of peer-to-peer file-sharing programs for failure to meet the "same transaction or occurrence test" in Rule 20(a)(2). Those courts have been confronted with bare allegations that putative defendants used the same peer-to-peer network to infringe copyrighted works and found those allegations were insufficient for joinder. See, e.g., IO Grp., Inc. v. Does 1-19, No. 10-03851, 2010 WL 5071605, at *8-12 (N.D. Cal. Dec. 7, 2010); Arista Records, LLC v. Does 1-11, No. 07-cv-2828, 2008 WL 4823160, at *6 (N.D. Ohio Nov. 3, 2008) ("merely alleging that the Doe Defendants all used the same ISP and file-sharing network to conduct copyright infringement without asserting that they acted in concert was not enough to satisfy the same series of transactions requirement under the Federal Rules."); LaFace Records, LLC v. Does 1-38, No. 5:07-cv-298, 2008 WL 544992, at *3 (E.D. N.C. Feb. 27, 2008) (severing putative defendants in file-sharing case not involving BitTorrent technology, noting that "other courts have commonly held that where there is no assertion that multiple defendants have acted in concert, joinder is improper."); Interscope Records v. Does 1-25, No. 6:04-cv-197, 2004 U.S. Dist. LEXIS 27782 (M.D. Fla. Apr. 1, 2004) (adopting Mag. J. Report and Recommendation at Interscope Records v. Does 1-25, No. 6:04-cv-197, 2004 U.S. Dist. LEXIS 27782 (M.D. Fla. Apr. 1, 2004)). That is not the case here.
The plaintiff has provided detailed allegations about how the BitTorrent technology differs from other peer-to-peer file-sharing programs and necessarily engages many users simultaneously or sequentially to operate. See Columbia Pictures Indus. v. Fung, No. 06-5578, 2009 U.S. Dist. LEXIS 122661, at *7 (C.D. Cal. Dec. 21, 2009) (BitTorrent "is unique from that of previous [P2P] systems such as Napster and Grokster. Rather than downloading a file from an individual user, [BitTorrent users download] from a number of host computers that possess the file simultaneously. . . . The BitTorrent client application [] simultaneously downloads the pieces of the content file from as many users as are available at the time of the request, and then reassembles the content file on the requesting computer when the download is complete. Once a user downloads a given content file, he also becomes a source for future requests and downloads."). Specifically, BitTorrent creates a "swarm" in which "each additional user becomes a part of the network from where the file can be downloaded . . . [U]nlike a traditional peer-to-peer network, each new file downloader is receiving a different piece of the data from each user who has already downloaded the file that together comprises the whole." Compl., ¶ 3.
At least one court has not been persuaded that allegations of copyright infringement by users of BitTorrent satisfy the requirement of Rule 20. See, e.g., Lightspeed v. Does 1-1000, No. 10-cv-5604, 2011 U.S. Dist. LEXIS 35392, at *4-7 (N.D. Ill. Mar. 31, 2011) (finding that Doe defendants using BitTorrent technology were misjoined on the basis that the putative defendants were not involved in the "same transaction, occurrence, or series of transactions or occurrence" under FED. R. CIV. P. 20(a)(2)(A)); Millennium TGA Inc. v. Does 1-800, No. 10-cv-5603, 2011 U.S. Dist. LEXIS 35406, at *3-5 (N.D. Ill. Mar. 31, 2011) (same). In those cases, the court did not discuss the precise nature of the BitTorrent technology, which enables users to contribute to each other"s infringing activity of the same work as part of a "swarm." In any event, by contrast to the instant claim of infringement of a single copyrighted work by the putative defendants, the plaintiffs in Lightspeed and Millennium TGA Inc. alleged infringement of multiple works, a factor that may undermine the requisite showing of concerted activity to support joinder.
The second requirement for proper joinder under Rule 20(a)(2) is that the plaintiff"s claims against the putative defendants must contain a common question of law or fact. FED. R.CIV. P. 20(a)(2)(B); see also Disparte, 223 F.R.D. at 11. The plaintiff has met this requirement as well. The plaintiff must establish against each putative defendant the same legal claims concerning the validity of the copyright at issue and the infringement of the exclusive rights reserved to the plaintiff as the copyright holder. Furthermore, the putative defendants are alleged to have utilized the same BitTorrent file-sharing protocol to distribute and download illegally the plaintiff"s movie and, consequently, factual issues related to how BitTorrent works and the methods used by the plaintiff to investigate, uncover and collect evidence about the infringing activity will be essentially identical for each putative defendant. See Compl., ¶ 3. The Court recognizes that each putative defendant may later present different factual and substantive legal defenses, but that does not defeat, at this stage of the proceedings, the commonality in facts and legal claims that support joinder under Rule 20(a)(2)(B).
In addition to the two requirements for permissive joinder under Rule 20(a)(2), the Court must also assess whether joinder would prejudice the parties or result in needless delay. See Lane, 2007 WL 2007493, at *7; M.K. v. Tenet, 216 F.R.D. 133, 138 (D.D.C. 2002). At this stage in the litigation, it will not. The putative defendants are currently identified only by their IP addresses and are not named parties. They are thus not required to respond to the plaintiff"s allegations or assert a defense. The putative defendants may be able to demonstrate prejudice should the plaintiff name and proceed with a case against them, but they cannot demonstrate any harm that is occurring to them before that time. In addition, rather than result in needless delay, joinder of the putative defendants facilitates jurisdictional discovery and expedites the process of obtaining identifying information, which is prerequisite to reaching the merits of the plaintiff"s claims. The Court therefore concludes that at this procedural juncture, the plaintiff has met the requirements of permissive joinder under Rule 20(a)(2) and joinder of the putative defendants is proper.*fn7
The Court reaches this conclusion cognizant of the significant burdens on the court and judicial economy posed by the sheer number of putative defendants that the plaintiff seeks to join in a single lawsuit. These concerns are legitimately shared by other courts across the country that are confronting copyright infringement cases involving allegations of illegal file-sharing of copyrighted works by unprecedented numbers of Doe defendants, and the multitude of motions from interested parties that such suits engender. See, e.g., Lightspeed, 2011 U.S. Dist. LEXIS 35392, at *7 ( "given the number of "potential" defendants (i.e., Does 1-1000), [the] court could be faced with hundreds of factually unique motions to dismiss, quash or sever from potential defendants located all over the country."); Millennium TGA Inc., 2011 U.S. Dist. LEXIS 35406, at *5 (same). Courts have varying thresholds for the exercise of their discretion to sever defendants in such cases. See Bridgeport Music, Inc. v. 11C Music, 202 F.R.D. 229, 232-33 (M.D. Tenn. 2001) (even if joinder of over 700 named defendants was proper because claims arose from the same series of occurrences, "the Court would exercise the discretion afforded it to order a severance to avoid causing unreasonable prejudice and expense to Defendants and to avoid a great inconvenience to the administration of justice").
This Court similarly must evaluate judicial economy and the administrative burdens of managing such cases, set against the challenge this broad-scale allegedly infringing activity represents for the copyright owners. Copyright owners" efforts to protect their copyrighted works through Doe actions are "costly[,] time consuming[,] . . . cumbersome and expensive." In re Charter Commc'ns, Inc., Subpoena Enforcement Matter, 393 F.3d 771, 782 (8th Cir. 2005) (Murphy, J., dissenting). Yet, copyright owners have limited alternatives to obtain redress for infringement of their protected works other than such lawsuits. See Arista Records LLC v. Does 1-27, 584 F. Supp. 2d 240, 252 (D. Me. 2008) ("the Court begins with the premise that the Plaintiffs have a statutorily protected interest in their copyrighted material and that the Doe Defendants, at least by allegation, have deliberately infringed that interest without consent or payment. Under the law, the Plaintiffs are entitled to protect their copyrighted material and it is difficult to discern how else in this unique circumstance the Plaintiffs could act. Not to act would be to allow those who would take what is not theirs to remain hidden behind their ISPs and to diminish and even destroy the intrinsic value of the Plaintiffs" legal interests."); In re Charter Commc'ns, 393 F.3d at 775 n.3 ("[A]s a practical matter, copyright owners cannot deter unlawful peer-to-peer file transfers unless they can learn the identities of persons engaged in that activity."). Courts must nonetheless maintain supervision of these lawsuits and, at some point, the sheer number of putative defendants involved in a single case may necessitate severance.
Joinder in this case at this stage of the litigation is proper. Should Ms. McDonald be named in the Complaint, she may raise the argument that she is improperly joined, under Federal Rule of Civil Procedure 20, and move to sever, under Federal Rule of Civil Procedure 21. Severance prior to that point, as numerous other courts both in and outside this District have held, is premature. See, e.g., Achte/Neunte Boll Kino Beteiligungs GMBH & Co, KG v. Does 1-4,577, No. 10-cv-00453, ECF No. 34 (D.D.C. July 2, 2010) (Collyer, J.); West Bay One, Inc. v. Does 1-1653, No. 10-cv-00481, ECF No. 25 (D.D.C. July 2, 2010) (Collyer, J.); Arista Records LLC v. Does 1-19, 551 F. Supp. 2d 1, 11 (D.D.C. 2008) (Kollar-Kotelly, J.); London-Sire Records, Inc. v. Doe 1, 542 F. Supp. 2d 153, 161 n.7 (D. Mass. 2008); Sony Music Entm't, Inc. v.Does 1-40, 326 F. Supp. 2d 556, 568 (S.D.N.Y. 2004).
Ms. McDonald argues that she should be dismissed from the lawsuit because the Court lacks personal jurisdiction over her. To support this argument, she supplies an affidavit attesting that she does not reside, transact or solicit business, or otherwise have sufficient contacts in the District of Columbia. These asserted facts would become relevant for the Court"s consideration when and if the putative defendant is named as a party in this action. She cannot be dismissed, under Federal Rule of Civil Procedure 12(b)(2), from a lawsuit to which she is not a party.
Moreover, to establish personal jurisdiction, the Court must examine whether jurisdiction is applicable under the District of Columbia"s long-arm statute, D.C. CODE § 13-423, and must also determine whether jurisdiction satisfies the requirements of due process. See GTE New Media Servs. Inc. v. BellSouth Corp., 199 F.3d 1343, 1347 (D.C. Cir. 2000). Due Process requires the plaintiff to show that the defendant has "minimum contacts" with the forum, thereby ensuring that "the defendant"s conduct and connection with the forum State are such that he should reasonably anticipate being haled into court there." World-Wide Volkswagen Corp. v. Woodson, 444 U.S. 286, 297 (1980); see also GTE New Media Servs., 199 F.3d at 1347.
In cases where a party"s contacts with the jurisdiction are unclear and the record before the court is "plainly inadequate," courts have allowed for a discovery period within which to gather evidence to support jurisdiction. See GTE New Media Servs., 199 F.3d at 1351-52 (reversing lower court"s finding of personal jurisdiction, but stating that "[t]his court has previously held that if a party demonstrates that it can supplement its jurisdictional allegations through discovery, then jurisdictional discovery is justified."). "This Circuit"s standard for permitting jurisdictional discovery is quite liberal," Diamond Chem. Co. v. Atofina Chems., Inc., 268 F. Supp. 2d 1, 15 (D.D.C. 2003), and jurisdictional discovery is available when a party has "at least a good faith belief" that it has personal jurisdiction. Caribbean Broad. Sys., Ltd. v. Cable & Wireless PLC, 148 F.3d 1080, 1090 (D.C. Cir. 1998). Courts have permitted discovery even when a party has failed to establish a prima facie case of personal jurisdiction. See GTE New Media Servs., 199 F.3d at 1352 (". . . as the record now stands, there is absolutely no merit to [plaintiff]"s bold claim that the parent companies and subsidiaries involved in this lawsuit should be treated identically. Jurisdictional discovery will help to sort out these matters."); see also In re Vitamins Antitrust Litigation, 94 F. Supp. 2d 26, 35 (D.D.C. 2000) (discussing GTE New Media Servs. and stating that "the D.C. Circuit held that although plaintiffs had failed to establish a prima facie case of personal jurisdiction and the court was unable to tell whether jurisdictional discovery would assist GTE on this score, plaintiffs were entitled to pursue [discovery]."). In such cases, a party is entitled to pursue "precisely focused discovery aimed at addressing matters relating to personal jurisdiction." GTE New Media Servs., 199 F.3d at 1352.
Although the putative defendant asserts that she does not have sufficient contacts with this jurisdiction to justify personal jurisdiction, the Court, as well as the plaintiff, has limited information to assess whether this jurisdictional defense is valid*fn8 and to evaluate possible alternate bases to establish jurisdiction. See, e.g., London-Sire Records, Inc., 542 F. Supp. 2d at 181 ("Even taking all of the facts in [the putative defendant"s] affidavit as true, it is possible that the Court properly has personal jurisdiction."); Humane Soc'y of the United States v. Amazon.com, Inc., No. 07-623, 2007 U.S. Dist. LEXIS 31810, at *10 (D.D.C. May 1, 2007) ("[A] plaintiff faced with a motion to dismiss for lack of personal jurisdiction is entitled to reasonable discovery, lest the defendant defeat the jurisdiction of a federal court by withholding information on its contacts with the forum," quoting Virgin Records Am., Inc. v. Does 1-35, No. 05-1918, 2006 WL 1028956, at *3 (D.D.C. Apr. 18, 2006)).To be clear, at this stage in the proceedings, the plaintiff is engaged in discovery to identify the proper defendants to be named in this lawsuit, including whether the exercise of jurisdiction over each potential defendant is proper. If and when the putative defendant is ultimately named in this lawsuit, she will have the opportunity to file an appropriate motion challenging the Court"s jurisdiction, and the Court will be able to evaluate her personal jurisdiction defense and consider dismissal. Until that time, however, dismissal under Rule 12(b)(2) is inappropriate.*fn9 See London-Sire Records, 542 F.Supp. 2d at 180-181 ("premature to adjudicate personal jurisdiction" and permitting plaintiff to engage in jurisdictional discovery); Sony, 326 F. Supp. 2d. at 567-68 (same); Virgin Records, 2006 WL 1028956, at *3 ("Defendant"s Motion to Quash is without merit [] because it is premature to consider the question of personal jurisdiction in the context of a subpoena directed at determining the identity of the Defendant," citing Elektra Entm't Grp., Inc. v. Does 1-9, No. 04-2289, 2004 WL 2095581, at *5 (S.D.N.Y. Sept. 8, 2004); UMG Recordings v. Does 1-199, No. 04-0093, slip op. at 2 (D.D.C. Mar. 10, 2004)). Accordingly, the putative defendant"s motion to dismiss based on a purported lack of personal jurisdiction is denied at this time.
For the reasons stated above, the putative defendant has failed to demonstrate that the plaintiff"s subpoena issued to Comcast, her ISP, should be quashed, that a protective order is warranted, or that she should otherwise be dismissed from this case for improper joinder or a lack of personal jurisdiction. Accordingly, Ms. McDonald"s motion to quash the plaintiff"s subpoena, motion to be dismissed from the lawsuit, and motion for a protective order are denied. An Order consistent with this Memorandum Opinion will be entered.
BERYL A. HOWELL United States District Judge
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Special Events | St. Barths Resorts
Celebrate in an atmosphere as special as your occasion. For weddings, birthdays, anniversaries, showers or business events, our St. Barths resort provides the perfect backdrop for your gatherings and festivities.
Bring us your vision and let us help you make it a reality. From intimate to extravagant, traditional to unexpected, our team can coordinate the catering, music, photography, videography, floral arrangements, cake, decorations, dinner arrangements and any other services required for your special events in St. Barths. We can also work with your event planner to customize your event to your exact needs and desires.
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Percy's Bumpy Ride
Written by Nick Butterworth
Illustrated by Nick Butterworth
Part of the Tales from Percy's Park Series
Lovereading4kids Price £5.59
£6.99 saving £1.40 (20%)
Percy's Bumpy Ride by Nick ButterworthPercy the Park Keeper surprises his animal friends in this engaging story from highly-regarded, best-selling author-illustrator Nick Butterworth. Includes a fabulous fold-out page! Percy the park keeper has been busy in his workshop for days. As his animal friends try to guess what he is making, Percy suddenly emerges sitting on top of a very strange machine. The animals jump aboard for what turns out to be a very bumpy ride...
'...it's good for reading aloud to under-fives, and later the six-pluses will still want to read it themselves.'
'A heartwarming bedtime tale...'
'...look no further for the best present for any child from two to six.'
Percy is busy in his workshop building a new lawnmower and the animals are excited. But the fan, which is meant to keep him and his passengers cool, acts as a propeller and the animals and Percy are off on another adventure of their own. Butterworth can do no wrong. Percy the Park Keeper and his adventures are always a delight, and this is no exception, keeping the children guessing right up to the end. Percy the eccentric park keeper has great empathy with his animal friends - always treating them like a gentle school teacher - and although things always take a turn for the worse, it always comes right in the end. The illustrations with the surprise fold-out page are enchanting. One to add to the collection. (Kirkus UK)
About the Author
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32 pages
Interest Age: From 2
Nick Butterworth
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Publication date
4th August 2003
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No one's keeping score.
Not as sweet as it looks.
Let's go down to the tennis court.
December's theme is TIME TRAVEL. Here's what kinds of submissions we're looking for, plus info on how to send us your work. ✴
Rookie is an online magazine and book series for teenagers. Each month, a different editorial theme drives the writing, photography, and artwork that we publish. Learn more about us here, and find out how to submit your work here!


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Who We are
A group of sixth grade students have been working in their school (along with a counselor) to take a stand against bullying. This website will inform you on what work we are doing and why we are doing it.
Dear friends around the world, after a year of good, strong work, we have finally came to the end of this year. We have created a website, previewed two videos, and passed out many surveys at our school. We have learned many things that will help us build this group, and next year, we will add them to the equation. But for now, remember this is US, what will YOU do.
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Is this attraction suitable for adults only?
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Being an overseas visitor, I was interested in knowing more about the local history and I was not disappointed. The displays take you through different aspects of Tennessee's...
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Being an overseas visitor, I was interested in knowing more about the local history and I was not disappointed. The displays take you through different aspects of Tennessee's history. As there is quite a bit of reading to do, it is probably less suied for younger kids, but other than that I cannot fault it. I thoroughly enjoyed the two...
Excellent place to visit to learn about local history with excellent artifacts and detailed personal histories of the people and places of EasT Tennessee.
Take a few hours and roam. Well worth the visit!
A great review of the history of this area from the Indian's who originally lived here through the civil war, the TVA project and the world's fair in 1982.
Spent an hour walking through museum but, you need to stay for 2 or 3 hours to see everything thoroughly. Very good collection of historical items and displays from east Tennessee history. Each display followed a theme related to native American, early settlers, civil war, farming, mountain life, TVA, industry, music etc. Great display of pharmacy and apothecary shop.
Two hour free parking, two local country groups playing outside, and inside, great music. This place sells discounted tickets to see 8 of the original home in the area, we were able to see 6.
While in Knoxville last month I had some free time, so I went downtown and discovered the East Tennessee Historical Society. Admission was $5 and only $4 with my AAA membership so I decided to check it out.
You can easily walk around the museum by following the path. It starts with the native Americans, Cherokee who lived in the...
This has a lot of different things here
The music side was interesting, the rest was standard stuff from Tennessee as opposed to some where else.
The Center has wonderful exhibits and offers a wide variety of great programming. Definitely a good spot to hit if you want to learn what makes east Tennessee special.
Not only is this home to the East Tennessee Historical Society and the Museum of East Tennessee History, but also the Calvin M. McClung Historical Collection and Knox County Archives. You can learn all about East Tennessee history here and spend the day working on your genealogical research as well. My wife and I have spent many Saturday's in the...
Museum is nice, clean, well maintained. Front desk lady was friendly, informative. Several interesting exhibits. some hands on. But I think this would appeal to older kids maybe age 10+. Cost $5 each. Visited 9/10/16
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How much is admission for seniors? What are your hours?
what are the hrs?Also do you have a cafe or restaurant onsite?
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text: Pelican Kipos is a wonderful place to have lunch. If you need a break from the crazy groups of tourists in your way Pelican restaurant has lots of breathing room. My family enjoyed the food and refreshments. Staff was friendly and happy to help you. Washrooms in the basement where very clean and well lit. Even my one year old... More


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Seehotel Vinzenz
Cari Kadar Hotel
Carian Baru-baru Ini
Wego mencari pelbagai laman pelancongan agar anda dapat melihat dan membandingkan kadar terbaik.
Ulasan Hotel
Berdasarkan ulasan dari seluruh web.
Maklumat Hotel
Daftar masuk: 14:00
Daftar keluar: 12:00
Situated a 10-minute walk from Velden and Lake Wörthersee, Haus Charlie offers cosy rooms with forest views from the balcony or terrace. A buffet breakfast is served and free Wi-Fi is available in public areas.Each room at Haus Charlie is equipped with an iPod docking station, seating area, flat-screen TV with a DVD player and wooden floors. Private bathrooms come with a shower.Relax and enjoy the surroundings in the hammocks or in the garden. The garden also contains a children's playground and table tennis.From May to September, the Velden Card is included in the room rate.Supermarkets and restaurants are within a 5-minute walk. Velden's beach area with a variety of amenities is a 10-minute walk. Transfers to and from the Velden Train Station are available at an additional charge.


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The Kohler K-T395-4S-BV is a Brushed Bronze Combo Tub and Spout Trim W/Lever from the Devonshire Collection that will bring out the elegance to your bathroom décor through the beautiful aspects of a bygone era fused with modern ideals. This Showerhead is constructed out of Premium Material that is enhanced with a beautiful Brushed Bronze finish that will not corrode, rust, or tarnish through rigorous use. The Flow output of this Showerhead is set at 2.5 GPM. This Showerhead has the unique Kohler Rite-Temp pressure-balancing technology that essentially maintains the water temperature within +/-3 degrees Fahrenheit. With the High-Temperature Limit stop you can preset the temperature at a comfortable level to eliminate scalding. The Bath Spout has a slip fit connection making installation much easier. This Showerhead Combo includes the lever handle and faceplate, arm and flange, and Bath Spout. Upon installation one will have to purchase the valves separately for this product to operate. This Showerhead Trim will give you that bold look that you have always wanted, through this and other Devonshire products and accessories your bathroom will look flawless.
|Tub and Shower
|Tub and Shower Trim
|Number of Handles:
|Single handle
|Vibrant Brushed Bronze
|Product Collection:
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|Tub & Shower Faucet
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|Trim Kits
|Mpn #
|Shipping Dimensions
|10.3" x 7.3" x 7.3"
|3.78 lbs.
PlumbersStock.com has earned a 4.5 out of 5-star store rating . We are proud of our reputation and we have achieved it by offering useful information to shoppers. This particular product, the Kohler K-T395-4S-BV Devonshire Brushed Bronze Tub and Shower Trim, does not yet have any customer reviews. If you are familiar with this product, please leave a review for the benefit of others. We appreciate your help!


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Pony | SKU: H7327 | Model: 32150
Hand Clamp 1-1/2"
Price: $6.95
Pony 32150 - Hand Clamp 1-1/2"
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See this item in our 2016 Main Catalog!408
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Just order by 2:00 PM PST on Mon. and choose expedited shipping during checkout.
Ideal for one-handed use. Squeezing translates hand pressure directly into clamping pressure. Automatically locks as the pressure applies. One touch on the release lever and the jaws spring open. Made of glass-reinforced nylon body and a steel lock/release mechanism.
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God does not excuse me from forgiving someone because they have treated me badly. Rather, it is WHEN someone treats me badly that God INVITES me to follow the Gospel call to forgiveness.
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Metallic butter LONDON Nails
10 colors
Gift with Purchase
butter LONDON Trend Nail Lacquer
Jinsoon 'Mélange' Nail Lacquer - Melange
Mélange Nail Lacquer is a light silver with dark grey specks for a rich, vintage, versatile shade. Its formula is free of formaldehyde, toluene, DPB, formaldehyde resin and camphor. Color(s): melange. Brand: JINsoon. Style Name:Jinsoon 'Mélange' Nail Lacquer. Style Number: 844734. Available in stores. Learn More
Jinsoon Nail Lacquer, Size 0.3 oz - Coquette
A bright cherry red that will always remain classic and modern. Part of a permanent collection of six timeless and sophisticated lacquers most requested by Jin's clients and considered classics in any nail wardrobe from the perfect true red to a demure pink beige to an elegant deep wine.This five-free ... Learn More
Jinsoon 'Muse' Nail Lacquer -
A sheer pink that's an essential beauty shade to lend exquisite contrast against all skin tones.Part of a permanent collection of six timeless and sophisticated lacquers most requested by Jin's clients and considered classics in any nail wardrobe from the perfect true red to a demure pink beige to an ... Learn More
Jinsoon 'Kookie White' Nail Lacquer -
Kookie White Nail Lacquer is a white tone tinted with a hint of gray and blue for a retro, edgy, provocative hue that adds an unforgettable twist to your manicure. Each JINsoon nail lacquer is free of formaldehyde, toluene, DPB, formaldehyde resin and camphor. Color(s): kookie white. Brand: JINsoon. Style ... Learn More
Obsessive Compulsive Cosmetics Nail Lacquer - Dangerous
Obsessive Compulsive Cosmetics Nail Lacquer is formulated to be quick-drying and chip-resistant. Created with editorial manicurists in mind, the professional-quality nail lacquer is formulated with dense pigmentation and without toluene, formaldehyde, formaldehyde resin, camphor and DBP. The result is intense colour using very little product.How to use: Apply a base ... Learn More
Tom Ford Nail Lacquer - Viper
To Tom Ford, every detail counts. The extra-amplified, gloss and shine nail lacquer, in a wardrobe of shades from alluring brights to chic neutrals, lets you express your mood and complete your look. Its groundbreaking, high-performance formula with bendable coating delivers high coverage and shine while staying color-true throughout wear. ... Learn More
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A tropical and bright mint blue that is refreshingly confident. Named by model Tati Cotliar, known for her effortless versatility. She can go from edgy to pretty in the blink of an eye.This five-free formula was created without toxic chemicals such as formaldehyde, toluene, DBP and camphor. Polishes do contain ... Learn More
Jinsoon 'Debonair' Nail Lacquer -
A dark purple named by model Karlie Kloss, the it-girl model on everyone's radar.A la Mode is a trend-based collection of lacquers in the most anticipated shades of the season and noted on Jin's short list of favorites. Each polish is named by a model with whom Jin regularly works.This ... Learn More


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Is this attraction exciting, unusual, or risky to visit?
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This was a really amazing experience. People from different nations there enjoying the mud and the time in the Dead Sea.
Interesting location and I had very high expectations. Sadly this is a museum that missed it's mark. No upkeep and no real focus of it's purpose.
a must see and feel experience.. a dried in time sea turned in to a pool , now named dead sea. no life, no fish but miraclously revitalizing to your skin too flaot in the water.
sure it was an unusual unforgettable experience...when you walk in to the water to some distance you feel as though you are pushed up..due to the density of the saline water,10 times saltier than any sea! Avoid water getting in to your eyes..incase it does, clean your eyes with fresh water immediately..otherwise the eye turns red the whole day..there are...
Overlooking the Dead Sea surrounded by mountain range on opposite side was special...I was at Ramada Resort, the access to the sea was via a dirt road. The water was clear, alongside a pebbled ' entrance' , 2-3 meters into the sea, a sand flooring. Floating in the water was calming.
I liked the range of colours of the tiny...
Very cool, the dead sea area is amazing. The people helpful if you get lost. Photo opportunities everyway you turn. Beautiful area.
This is a good visit to the Dead Sea but just don't JUMP into the water. Go in slowly.....I have never been in a sea where you don't sink. You just float. But you come out extremely smooth...If that's your thing.
It was amazing experience, you need to plan before hand so that everything is in pace. There are couple of restaurant have access to the beach.
Lowest point. The water is very salty and buoyant, you will float. Float on your back, do not lay forward in the water. Dead Sea products can be purchased. You can also apply it and dip in the water.
fantastic feeling when you see a sign written on it welcome you are 368meter below sea level
what a great thing to witness at least once a time
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Bombardier Extends Long-Standing Authorized Training Provider Agreement With FlightSafety International
- FlightSafety continues as the worldwide Authorized Training Provider (ATP) for Q-Series aircraft flight and technical training.
Bombardier Commercial Aircraft announced today that its current ATP Agreement with FlightSafety International has been extended for 10 years. The parties celebrated the announcement at a ceremony at New York's La Guardia Airport.
Under the ATP Agreement, FlightSafety uses a Bombardier-approved syllabus to deliver high-quality flight and technical training to operators of Q100, Q200, Q300 and Q400 aircraft.
Global Military Aerospace Simulation and Training Market Research Report 2016
"For over 28 years, FlightSafety has been a dedicated training provider, collaborating with us to train our Q-Series aircraft customers - always upholding our mutual commitment to put customers first and provide non-stop care," said Todd Young, Vice President, Customer Services, Bombardier Commercial Aircraft. "We're proud to confirm our long-term collaboration and are confident that FlightSafety's global network of simulators will continue to offer operators Bombardier-approved training close to their home bases."
"This extension was the natural next step and we are pleased to continue to serve Bombardier and its customers with our long-standing Authorized Training Provider agreement," said David Davenport, Senior Vice President, FlightSafety International. "FlightSafety is committed to working with Bombardier to provide operators with the highest quality training, using advanced-technology, full-flight simulators at conveniently located facilities around the world."
FlightSafety's Toronto Learning Centre, which is co-located with Bombardier's aircraft manufacturing site, continues to be the lead facility for Q-Series aircraft training with four simulators on hand. Other Q -Series aircraft simulators are located in Seattle, WA; St Louis, MO; Atlanta, GA; Farnborough, United Kingdom; Johannesburg, South Africa and Tokyo, Japan. As an ATP, FlightSafety International has been providing Bombardier's Q-Series customers with the highest quality learning experience.
Source : Bombardier Aerospace - view original press release
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Friday, January 01, 2010
Amazing Grace
In the new edition of The New Yorker my favourite film writer, Anthony Lane, writes about my favourite film star, Grace Kelly. In the course of it he reflects on the ability of great movie stars to transfix us by doing everyday things with extraordinary grace. It was apparently his mother who pointed out how, in the course of one song in "High Society", Bing Crosby smokes, brushes his jacket, arranges his pocket handkerchief and, most amazingly for those who've tried it, manages to tie a bow tie - all of it without the assistance of a single cut. It's here.


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This nationally-recognized franchised restaurant has only been operating since 2014, still brand-new with state-of-the-art equipment, fixtures, and furnishings. Operating from a 1,500 sq. ft. spacious facility that is situated along a major intersection in its rural community. The business is impeccable and well-known to the locals as a favorite eatery. The current owners are wishing to pursue other interest and are very motivated to ensure a smooth transition for a new owner as the franchise provides training, advertising, specialized promotions, and constant support. This is an ideal turn-key business as everything is set up for a new owner to come in and start making money. Inquire to learn more about this business located in northeast Indiana. Assets are to include approximately $3,000 in average inventory, $100,000 in equipment, fixtures and furnishings, and other assets at $125,000. The building and property is included in the sale and is valued at $638,000. Ask for portfolio #241.
Financials (USD)
Asking Price $766,000
Sales $305,676
Profit Less than $100,000
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'For sale' signs out, but why no bites yet?
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text: Catafalque Party A catafalque is a raised structure supporting a stand that usually holds a coffin to allow mourners to file past and pay their last respects. A watch or catafalque party was traditionally mounted around the coffin to ensure the safety of the body while it lay in state. Members of Australia's Federation Guard form the Catafalque Party as Her Majesty The Queen and The Duke of Edinburgh enter the Hall of Remembrance at the Australian War Memorial. Today, catafalque parties are mounted around coffins as a sign of respect and around memorials on occasions of remembrance such as Anzac Day. The catafalque party consists of four members of an armed guard who stand, their heads bowed and their arms (weapon) reversed, facing outward approximately one metre from the coffin or catafalque as a symbolic form of respect for those who have fallen. Members of the Federation Guard participated in the Catafalque party during NAIDOC week in 2011. The origin of the tradition of resting on reversed arms is lost in time. It was used by a Commonwealth soldier at the execution of Charles I in 1649 (the soldier was duly punished for his symbolic gesture towards the King's death) and it is recorded that at the funeral for Marlborough in 1722, the troops carried out a formal reverse arms drill which was especially invented for the service as a unique sign of respect to the great soldier. News and media Task Group Taji doubles training effort in Iraq Testing urban operations on Ex Bersama Lima Wounded injured and ill forum 2016 Mastering the MAN of the future Flood of support for regional communities


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filed: April 4, 1985.
COMMONWEALTH OF PENNSYLVANIAv.ROBERT J. DUFFY, SR., A/K/A ROBERT J. DUFFY, A/K/A ROBERT JAMES DUFFY, APPELLANT
No. 00418 Pittsburgh 1984, Appeal from the Judgment of Sentence of March 6, 1984, in the Court of Common Pleas of Mercer County, Criminal Division, at: No. 418 Criminal 1983, 419 Criminal 1983, 420 Criminal 1983, 421 Criminal 1983, No. OTN: B-205343-5, OTN: B-205346-1, OTN: B-205299-3, OTN: B-205304-1
Lorinda L. Hinch, Assistant Public Defender, Mercer, for appellant.
Charles S. Hersh, Assistant District Attorney, Hermitage, for Commonwealth, appellee.
Rowley, Olszewski, and Popovich, JJ.
[ 341 Pa. Super. Page 220]
This is an appeal from judgments of sentence on four counts of theft by failure to make required disposition of funds received.*fn1 Appellant contends that the sentencing judge abused his discretion in 1) ordering the sentences to be consecutive to other sentences being served in another county, and 2) sentencing appellant in the aggravated range of the sentencing guidelines.
The facts of this case are as follows: Four informations were filed between September 6 and September 12, 1983, charging appellant with theft by deception. The charges involved appellant's receipt of money from various people for goods appellant then never delivered. The informations were later amended to charge theft by failure to make required disposition of funds received. Appellant pleaded guilty to all four informations and was sentenced to six to twelve months on the first count, and eighteen to forty-eight months on each of the other three counts. The sentencing judge ordered that the four sentences be concurrent to one another, but consecutive to time already being
[ 341 Pa. Super. Page 221]
served in Crawford County. A motion to modify sentence was denied without a hearing and this appeal followed.
Appellant first argues that the sentencing judge abused his discretion by ordering the sentences to be served consecutively to sentences being served in Crawford County. Since this issue was not raised in appellant's motion to modify sentence, it has been waived. Commonwealth v. Brown, 288 Pa. Super. 171, 431 A.2d 343 (1981), Commonwealth v. Bethel, 295 Pa. Super. 312, 441 A.2d 1248 (1982).
Appellant next contends that his sentences of eighteen to forty-eight months were improper because the sentencing judge failed to provide adequate reasons for sentencing him within the aggravated range of the sentencing guidelines.*fn2 We do not agree.
Section 303.3 of the sentencing guidelines, 42 Pa.C.S. § 9721, 204 Pa.Code § 303.3 (Purdons 1982) provides:
When the court determines that aggravating or mitigating circumstances warrant:
(1) It may sentence:
(ii) within the aggravated or mitigated range provided in § 303.9 (relating to sentence range chart) for all other convictions; and
(2) It shall state the reasons therefore on the record.
This is the sentencing commission's only statement regarding aggravating and mitigating circumstances. The guidelines direct only that reasons be given; nowhere is any instruction or guidance given regarding what constitutes sufficient reasons for sentencing in either range. Furthermore,
[ 341 Pa. Super. Page 222]
Pennsylvania decisional authority is also silent concerning this sufficiency issue.
Therefore, the issues before this court are: 1) what reasons constitute adequate reasons for sentencing a defendant within the aggravated range; and 2) by what standard should a judge's statement of reasons be reviewed.
A review of the history of the Pennsylvania Sentencing Commission's guidelines is helpful at this juncture. The first version of the commission's guidelines also had a section dealing with the aggravation and mitigation of a guideline sentence. However, unlike the current guidelines, this version contained an exclusive list of the aggravating circumstances which warranted an increase in a standard guideline's sentence. This list contained the following:
(c) AGGRAVATING CIRCUMSTANCES
The following exclusive list of aggravating circumstances warrant an increase in the normal guideline sentence:
(1) The defendant has a history of violent conduct which is not reflected in the offender score. This does not include juvenile conduct.
(2) The defendant inflicted severe and determined cruelty on the victim when committing the offense.
(3) The victim was particularly vulnerable due to age, infirmity, or reduced physical or mental capacity, which was known or should have been known to the offender.
(4) The offender was the leader in the crime of conviction in which there were multiple participants.
(5) The offense involved more than one victim.
(6) The defendant used his position of trust, public office, confidence, fiduciary obligation, or status to facilitate the commission of the offense.
§ 303.4 Sentencing guidelines, 10 Pa. Bulletin 43, at 4186, October 25, 1980.
The Pennsylvania Legislature rejected the first version of the sentencing guidelines and insisted upon substantial revisions
[ 341 Pa. Super. Page 223]
before finally enacting the guidelines on May 14, 1982. Included among the revisions was the deletion of § 303.4's list of aggravating circumstances.
It seems clear to this Court that the legislature, while mindful of the guideline's purpose to promote more uniform sentencing across the Commonwealth, nevertheless, feared that adherence to an exclusive list of factors would unduly fetter the sentencing judge's traditional discretion in this area. The legislature realized that no commission, no matter how competent, could ever anticipate the myriad of sentencing situations that judges face, and that, therefore, flexibility must be maintained in any sentencing scheme.
With this background in mind, we now turn to the facts of the instant case. In the section of the sentencing form, reserved for a statement of the judge's reasons for sentencing in the aggravated range, Judge Acker wrote:
"This defendant has a criminal history commencing in 1962, encompassing every year but 1982 through 1983. He has three convictions for forgery, seven convictions for bad checks and a theft by deception other than the four thefts for which he is sentenced. He stole from innocent parties who relied upon him to do work for them for which he received prepayment. He is fifty-two years of age. Because of the number of prior offenses, a long criminal history, and the multiple offenses for which he was sentenced, it was felt that the aggravated range should be applied in his case."
Appellant argues that his prior record, the multiplicity of charges, and the innocence of the victims are inadequate reasons for sentencing him in the aggravated range because 1) prior record is already taken into consideration in the guidelines by the prior record score; 2) each crime is to be treated separately under the guidelines; and 3) victims of crimes are usually innocent.
This court believes that discretion must be accorded sentencing judge's decisions. After all, the sentencing judge is in the best situation to weigh various factors such
[ 341 Pa. Super. Page 224]
as the nature of the crime, the defendant's character, and defendant displays of remorse, defiance or indifference. The legislature's rejection of the exclusive list of permissible aggravating circumstances demonstrates its desire to retain the traditional flexibility in the sentencing process. Therefore, we now make the following holding. First, a sentencing judge may consider any legal factor in deciding whether a defendant should be sentenced within the aggravated range. Second, in order to be adequate, the sentencing judge's reasons for sentencing within the aggravated range must reflect this consideration. Finally, the sentencing judge's decision regarding the aggravation of a sentence will not be disturbed absent a manifest abuse of discretion.*fn3
One final point regarding a sentencing judge's application of the sentencing guidelines. In exercising their discretion in this area, sentencing judges should bear in mind that the commission's suggested sentencing ranges were painstakingly developed and take into consideration, prior record, offense gravity and the statutory classification of the crime.
In this case, the sentencing judge did not rely solely on appellant's prior record in deciding to sentence him within the aggravated range. Moreover, prior record was a reasonable consideration in attempting to predict whether appellant would likely repeat his crimes if given a light or probationary sentence. Therefore, the sentencing judge did not abuse his discretion when he considered appellant's prior record.
In addition, appellant's argument that the sentencing judge failed to treat each count separately when sentencing is refuted by the fact that, on one of appellant's
[ 341 Pa. Super. Page 225]
four theft counts, he received a sentence in the minimum range. Finally, we are of the opinion, that the trial judge's consideration of the relative wealth and sophistication of appellant's victims was reasonably designed to more closely tailor the punishment to the crime. Therefore, we find no abuse of discretion.
The essence of Pennsylvania law regarding sentencing is that the sentence should be individualized. Commonwealth v. Riggins, 474 Pa. 115, 377 A.2d 140 (1977). The sentencing judge considered relevant and permissible factors before sentencing appellant within the aggravated range of sentences. The guidelines and this Court require no more.
Accordingly, the judgment of sentence is affirmed.
Judgment of sentence affirmed.
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Gray Matters by Stuart Carlson and Jerry Resler
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And one of those iPhone or whatever gadgets came with AVATAR. Tiny screen for a movie which had come out on a huge screen in digital 3D, multispeaker sound….
Watching a movie on your phone makes as much sense as reading Cliff notes of classic literature.
well, yeaaaah…but there's a middle ground here, somewhere.
That's how I felt watching Those Magnificent Men in their Flying Machines on TV. Were was the wide expanse of sky filled with those replica pre WW-I aircraft actually flying.
I have to say that when I saw Lawrence of Arabia on the big screen, it was a completely different movie. Couldn't imagine watching it on my phone.
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