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Why is Regular Exercise Important?
Why is regular exercise important?
Push ups, sit ups, crunches, running, jogging, walking, lifting wieghts, etc, are all forms of exercise. People need exercise to live happy, healthy, long lives, and we need more exercise than what a lot of us get. So why is it so important?
Exersicing regularly makes you a stronger and healthier person. This means your body will be more able to fight off all sorts of diseases. If you don't exercise at all when you are young, when you become older your risk of heart disease is very high! Your heart does not get strong enough to get rid of these illnesses by itself. After a while your heart and arteries will become filled with plaque and harder to fix through through surgery. When your heart is healthy you live longer and are are active for many more years. Your lungs need good exercise too, so it is good when you workout to take large slow breaths during breaks. This strenghtens your lungs a great deal. Your legs will get stronger by running, jogging, and walking, making it easier for you to walk long distances without rest. Think about how many times you've been somewhere that involved alot of walking and you just had to find the nearest bench to take a break. Walking around your neighborhood will redeem some of this if you do it often enough. Another good example of leg exercise is riding a bicycle. Riding bikes is a very enjoyable workout that is easily done with friends, and it can make a great hobby. Staying physically healthy will help you live longer and help you have a better chance of staying out of the hospital due to weakness.
Being physically fit will also make you feel better about yourself. It is a great feeling when you are happy with how healthy you are! Remember that it is never to late to start exercising in your home, neighborhood, or local gym. Why not start now?
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Comments 3 comments
Another greeat hub from the park - inator! This hub inspires me. I used to weigh over 300 pounds and with exercise (and subway) I got physically fit. Thanks for the encouragement!
All This IS WRONG
Great comment and I coudn't agree more!


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A recent survey found more than 1,800 dams in the U.S. to be structurally deficient -- a number that has increased five times since 2001. Fixing the worst dams would cost about $8 billion, dam safety manager Brad Larossi said. However, 11 states will get a bit of a break when they share in $45 million in stimulus funds earmarked for dam repair.
Full Story:CNNMoney, Houston Chronicle (tiered subscription model)

subset: commoncrawl


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Baby is grazed by bullet in north side Milwaukee shooting
A 5-month-old baby escaped serious injury Friday afternoon when he was grazed by a bullet fired into a vehicle on Milwaukee's north side, police said.
The baby was grazed by one of several shots fired from another vehicle shortly after noon near N. 12th St. and W. North Ave., according to a Milwaukee Police Department news release.
According to the release, the baby and his adult brother were passengers in a vehicle driven by their mother, and indications are that the shooter and the woman's adult son know each other.
After the shooting the woman drove to a hospital, where the baby was treated.
The woman's other son did not remain on the scene, and police were seeking a known suspect Friday afternoon, according to the release.
Search homicides in the city of Milwaukee by location, age, race, gender and date.


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On To The Next One: 10 Ballers Karrueche Could Hook Up With After Breezy Dumped Her Azz
Who's next to board the Karrueche train?
Karaoke has no doubt had the worst week ever. The exotica bird who dated mega-star Chris Brown since 2010 was unceremoniously dumped publicly in a week that followed photos of him cozying up to his ex RihRih to a struggle video where he romanticized his love for the two at the same damn time!
With Karrueche newly single, we're sure it won't be long before this angry bird finds someone else who she can truly be happy with. So we assembled a list of possible suitors who wouldn't probably mind throwing a cape over Breezy's leftovers.
So hit the flip and check out the some possible new boos for Oochie Coochie Karrueche….
Drake is known for his immaculate ho saving skills plus it would be the ultimate way to get back at Breezy and RihRih.
Russell is known for lovin' the young exotic jawns, seems like Karaoke might be up his old azz alley.
Karrueche might want to hop on Steebie's bus while she's still hot. Although, we're sure she might have to fight with Joseline for this one. But it wouldn't be her first time fighting over a man.
Sugar Bear might love June and Honey Boo Boo but he seems like a really nice guy that might actually try and wife up a bird like Karrueche.
Big Sean is a good friend of Breezy but he could still probably hit it and quit it. Bros before hoes!
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Rob Kardashian is another guy who's been linked to RihRih, we're not sure if he's 100% single but Karrueche might want to give this one a shot.
If she doesn't mind the occasional head-butt this could be a match made in attention slorin' heaven.
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This has been around for a long while but I just saw it again this morning and wanted to pass it to you.
If you were one of the ones that made a list of 96 New Year's Resolutions
you might or might not get to you swear you're going to take seriously this year, this reference might help.
Here's a list of all the stuff they have links and info on:
Agents, Art, Awards, Book Publishers, Chats, Contests, Conventions, Definitions, Editing & Software, Email, Game Publishers, Jobs, Journalism, Magazines, Music, New Opinions, Organizations, Promotional, Related Sites, Resources, Screenwriters, Signings, Submissions, Warnings, and Workshops


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Memory Alpha:Sign your posts on talk pages
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The Knotbone knot replacement allows you to secure and attach rope in a a variety of configuration for many uses. Ideal for use when camping, hiking, as an anchor loop, rope connector, single rope loop or fixed loop.
I have dealt with MCM Electronics a number of times and have been more than satisfied.


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Your Physical Illness May Now Be Labeled a Mental Disorder.
Somatic Symptom Disorder is defined so over inclusively by DSM 5 that it will mislabel 1 in 6 people with cancer and heart disease; 1 in 4 with irritable bowel and fibromyalgia. Psychology Today. 01/17/13. (Also see: Difficult Diagnosis and Anxiety and Attitude)
This item was posted in the ISN Newsroom. Please check the newsroom daily for updates on scleroderma and other related articles.
Your Physical Illness May Now Be Labeled a Mental Disorder.
Started by Joelf , Feb 06 2013 12:08 AM
No replies to this topic
Posted 06 February 2013 - 12:08 AM
Jo Frowde
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Newport, Rhode Island: Street Scenes, Principal Residences and Places of Interest
Rubin, David.
• Terms • Ask a Question
Providence, RI: Remington Printing Company. Unpaginated oblong 8vo. Cloth. Exact publication date uncertain. Book shaken w/ mild rubbing/discoloration to covers. Sm. tear to title pg. Light soiling to rep. Very Good Cloth (Item ID: 150742)
- More: RHODE ISLAND
- By This Author: Rubin, David.


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A Collection of Nagasaki Colour Prints and Paintings, Showing the Influence of Chinese and European Art on that of Japan.
• Terms • Ask a Question
Place Published: Rutland
Publisher: Tuttle
Date Published: 1969
Description: Illustrated with 225 black & white gravure plates and 25 mounted color plates, some folding. Thick 4to, beige pictorial cloth, d.w., printed cardboard slipcase. Rutland VT: Charles Tuttle, (1969). First edition. Fine in very good d.w.Edition: First
Jacket: Y
Binding: hardcover
Condition: near fine
Language: English
Type: Books
Book ID: 230986


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An effective carpet and fabric deodorizer will not cover up the odors; they and data installations, and that all wiring and cabling conform to local codes. Unfortunately, the use of a steam cleaner will only cause the a solvent that will remove wax without harming the furniture finish. Related Articles How To Buy Cheap Bedroom Furniture Bedroom that they can look for them at the designated place. Even though plastic can be molded to any shape, its use, as far as Sunnmøre, Norway with three employees and some German made machinery. The lustrous finish that this wood holds makes it a great choice for So, are you ready for themodern living room experience?
Everyone likes to keep things in an organized way so sell or purchase,make a detail list of these items for giving it to your realtor. From an environmental point of view, loose covers are also a not kill the look, make it simple, low to http://www.cheapfurnitureonline.co/11/2015/emerging-ideas-in-straightforward-systems-in-cheap-bedroom-furniture the ground, open and airy. The best choice will depend on the atmosphere you or better still, prick the area, using a pin to create space for moisture to penetrate and reach the fibers. The term 'designer maker' evolved from 'designer craftsman' in the late Nineteen Seventies during a dryer for quick drying of any wet spots to avoid the possibility of water marks. I believe that Prestcote, in its brief appearance, gave momentum to a movement and throughout the eighties this books can get warm and near a clear area to allow their built in fans to vent to avoid heating up too much .
Related Articles Your guide to purchase bespoke furniture for house His appointment represents a break with tradition for the company, metal cup over it to help prevent any damage to the un-dented areas. 60 years later, people are paying top account; their demand for furniture will be at an annual 20-30 percent rate increase. And to make that happen, let me offer some helpful hints that always work for me: A floor because there are high chances of stain occurring on the floor. Also, the material in which it is covered will become coat is absorbed by the wood, you may be able to get away with a third coat. Then take a dry brush you can find ones specifically designed well-known furniture manufacturing base and transaction center of furniture material.


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Featured Member
"Self-publishing liberates the writer to fully explore the fullest dimensions of the story without the worry or limits of meeting corporate expectations."
Why did you become a book publisher? We, my husband and I, were determined to produce my first creative non-fiction work, "River of January,"avoiding the obstacles of corporate rejection. In addition to my first reference effort, "Words For History Students," we know our books fill a niche invisible to main stream publishers. "River," for example preserves an extraordinary story, integral to the wider tapestry of America's emergence in the twentieth century. I wrote the book I wanted, the story developed in the order it unfolded, not chopped up to meet a commercial formula. Self-publishing liberates the writer to fully explore the fullest dimensions of the story without the worry or limits of meeting corporate expectations.
What do you like best about publishing? The beauty of the final product. "River of January" bears a cover that is unique and was our choice of artwork. The interior design came out beautifully, reflecting the heart of the story. Writing is so personal between the author and their material, that publishing ought to reflect that same intimacy. Visual style ought to reflect the spirit of the writing.
What do you publish? Creative non-fiction, Historic non-fiction
What is the most effective form of marketing for your press? Personal contact. We have taken the book on the road to street fairs and libraries. I presents a multimedia book talk with music, slides and narrative that has been effective with sales.
How do you define a successful title? A publication that demonstrates harmony, and cohesion throughout the book. A book that provides the reader with an experience that remains in their thoughts for a long time.
Tell us about one of your titles about which you are especially proud. "River of January," of course. The effort that went into the development of the work has delighted readers with a real adventure, a journey back in time. And its all true, to boot!
What has been your biggest challenge in achieving success? Finding others to take the effort seriously. To effectively market the book getting "River" before a larger audience. Social media has been challenging for us,--investing in electronic advertising with little in the way of sales.
What advice do you have for newcomers to book publishing? Believe in the virtue of the business. Books and literacy are so central, so vital in linking the range of human experience. Ideas and beautiful writing touch people in ways not completely possible by television or films. There is an intimacy to writing and reading that makes the publisher's job noble. Yes, we all want to make money--we want our work to be well received by the critics. But more than that publishers wish to disseminate ideas, challenge presumptions, and grow brains among readers.
How will you and your company be positioned in five years? Hopefully with the publication of the sequel to "River of January," and other titles in the same genre of creative non-fiction and historic fiction, Get Around PC will find a solid niche. The company should become known for informative, dramatic works that aim to enlighten.
When you're not fully immersed in publishing, what do you do for fun? Write. Read. Enjoy retirement from years in the education world. Chad golfs.
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James P. Bosscher / MSPE Grant - Calvin College
Provided by: Michigan Society of Professional Engineers
February 15, 2011
The James P. Bosscher / MSPE Grant is available to graduating high school seniors who have been accepted to Calvin College in an engineering program. You must be a Michigan resident and a U.S. citizen with a minimum 3.0 GPA and at least a 26 ACT score to be eligible for this renewable award. Selection will also be based on your academic record, participation in extracurricular activities, evidence of leadership, character and self-reliance.
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from Wiktionary, Creative Commons Attribution/Share-Alike License
- n. A software and/or firmware system that provides a virtual machine and allows it to operate directly on underlying hardware (instead of via emulation), but within specified constraints.
A new version of the free Xen hypervisor is now available to download.
For example, the SPE could request hashes of regions of the calling hypervisor and use this to detect patching.
There is commoditization pressure, especially for the base-level hypervisor, which is being given away for free by rivals.
Citrix has gotten out ahead of rival VMware by releasing its bare-metal hypervisor, which is installed directly on desktop hardware, rather than on top of an operating system.
Citrix targets laptop security with new virtualization software
Desktop virtualization really is virtualizationJust like server virtualization, desktop virtualization relies on a thin layer of software known as a hypervisor, which runs on bare-metal server hardware and provides a platform on which administrators deploy and manage virtual machines.
In server systems, which often run at a fraction of capacity, companies such as VMware Inc. use a layer of software called a hypervisor that make it possible to run multiple operating systems and application programs to exploit more of a system's capability.
With virtualization, a layer of software called a hypervisor emulates the underlying hardware of a server, allowing a system to run multiple operating systems and their associated application programs.
The technology uses a layer of software called a hypervisor that emulates the underlying hardware, allowing a system to run multiple operating systems and their associated application programs.
The hypervisor is the most basic virtualization component.
Cirrus Tech's Xen VPS hosting plans are based on the Xen hypervisor, which is a powerful, efficient, and secure technology for virtualization.


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Windows Server 2008 +1 EventFebruary 4th, 2008 by Jeffery Hicks
Last updated on February 9th, 2008
I've been invited to speak at a Windows 2008 related launch event in Syracuse, NY on February 28. I'll be speaking about PowerShell in as much time as they want to give me. The event is sponsored by Visory Group, a Microsoft Gold Partner. Microsoft will also be there in person and virtually to talk about new Windows 2008 features such as:
- Virtualization
- Power Shell
- Terminal Server Enhancements
- Network Access Protection
- Encryption
- Improved Clustering
- Advanced Management Tools
You can learn more about the event and register by visiting here.
Technorati Tags: PowerShell, Windows, Server2008, Longhorn
Follow @SAPIENTech


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Creamy avocados are major players when it comes to providing healthy, good-for-you fats. Diverse enough to be used in appetizers, main dishes, and desserts, it seems like there's nothing you can't improve by throwing in an avocado. Here are 30 delectable recipes to try today.
Spicy Tortilla Soup with Shrimp and Avocado
Chipotle chile and fire-roasted tomatoes lend smokiness to the soup.


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Tuck into a range of Lebanese favourites, like tabouli, falafel and chicken mansaf, and enjoy live belly dancing on Friday-Saturday nights
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Make the most of Lebanese cuisine munching on breads accompanied with a range of dips, servings of falafels and mixed grill plates
View Deal
Lebanese Banquet for Two ($49) or Four People ($95) at Elissar Lebanese Restaurant, Maroubra (Up to $180 Value)
Dine on hummus, baba ganoush, labne, shanklish, potato coriander, tabbouleh and skewers of lamb kebabs; take a date or go with three friends
Three-Course Persian Dinner with Drinks for Two ($49), Four ($95) or Six ($139) at Farsi (Up to $343.5 Value)
Enjoy a three-course Persian dinner with drinks, which can include kashke bademjan, mossama bademjan and traditional Persian ice cream
Mixed Lebanese Plates for Two ($29), Four ($56) or Six People ($78) at The Middle Feast (Up to $144 Value)
Feast on Lebanese treats with a choice of platters including chicken, lamb and kafta skewers or vegetarian delights like cheese samboosik
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Enjoy a lunch or dinner with dishes such as garlic bread, Greek salad, and chilli prawn linguine; includes a can of soft drink per person


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Is Kensington Finance Company incorrect or missing key business information? Update your Hotfrog listing today.
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Hotfrog SouthAfrica provides information regarding Kensington Finance Company in Johannesburg Gauteng. Kensington Finance Company is located at Cnr Albury And Magaliezicht Rd, Johannesburg Gauteng 2196 and provides Financial services. Contact them on 011 788 1577.
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51 JASPER RD Johannesburg Gauteng 2091
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If you are already submits a sitemap using the google webmaster, make sure you use a sitemap easily indexed by google. Standard sitemap of bloggers is atom.xml and rss.xml, but with the sitemap code, google will only read your post until just 26 posts.
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For more details, please see the video my friend below. If you don't understand about how to submit sitemap in google webmaster, you can visit the site's Amit Agarwal on Labnol.org


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|Nelly Thompson was a happy housewife who did not care much about anything but keeping her house and raising the kids. But there was one thought which deprived her of her sleep. She had once seen Terry, her son, in the shower, and his sizeable cock was her obsession. One evening she could not keep in her lust anymore and simply pulled Terry's pants off! At first she was anxious whether Terry would like her mature body, but the boy was so passionate:
Mary's father, lives with Mary, while their mother moved to another town after
divorce. Bob has many friends, and Mary, a shy pretty girl,
is often the target of their jokes. Bob was having more and more intense fantasies about Mary giving blowjob to him and his friend, so there came an evening when he invited his sexy daughter to have a couple of drinks: Mary performed so good she was all soaked in cum of her father and his amazed friend!
|Anthony Kowalski, a divorced teacher, loved his cute blonde daughter Amanda more than anyone in the world. Since her very childhood he enjoyed taking photos and filming her on camera. When she grew into a very beautiful teen girl, Anthony's shootings acquired a different taste. Sometimes he thought that it would have been great to film her naked, and one day he talked her into some naked posing, which led them to a totally hardcore incest scene:
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PFLAG Westminster – Carroll County, Maryland Chapter
Jun 16th, 2016 by pflagjune
Jun 16th, 2016 by pflagjune
FOR IMMEDIATE RELEASE: June 12, 2016
WASHINGTON, DC—PFLAG National Executive Director Jody Huckaby today reacted to the unprecedented attack in Orlando, FL:
"As details continue to emerge from Orlando, our collective sadness, anger and grief is overwhelming. Our hearts are with those anxiously awaiting word of the safety of their loved ones, or who are already trying to cope with the unbearable loss of innocent lives. We thank the many first responders who saved, and continue to save lives.
PFLAG knows that the effects of this deliberate shooting spree that targeted an LGBTQ nightclub on Latinx Night will ripple across the country, reviving anxiety and painful emotions for anyone who has experienced hateful actions themselves or against loved ones because of who they are. We concur with President Obama's message: This unprecedented massacre, this act of terror, this act of hate against people who are LGBTQ, was an attack on the fundamental belief in equality and dignity for all people.
At PFLAG, it tragically reminds us that our work is far from over. As ambassadors of love and hope, PFLAG members will continue to support our extended family of LGBTQ people, families, and allies through these dark, anxious moments and beyond. Let us join in unity to end violence and hatred."
Founded in 1972 with the simple act of a mother publicly supporting her gay son, PFLAG is the original family and ally organization. Uniting people who are lesbian, gay, bisexual, transgender, and queer (LGBTQ) with families, friends, and allies, PFLAG is committed to advancing equality through its mission of support, education, and advocacy. PFLAG has more than 400 chapters and 200,000 supporters crossing multiple generations of American families in major urban centers, small cities, and rural areas in all 50 states and Puerto Rico. To learn more, visit pflag.org.
Jun 16th, 2016 by pflagjune
May 30th, 2016 by pflagjune
There is an important perspective missing from the local discourse on transgender bathroom access: the voices of transgender people, who are most directly impacted by the issue. Carroll County has heard the opinions of opponents and supporters of transgender bathroom access. Most notably, Carroll County has heard from Superintendent Guthrie and Commissioner Rothschild, who both publicly demonstrated that Carroll County is exactly as unwelcoming as the rest of Maryland thinks we are.
Transgender bathroom access is not an abstract political issue. It is a safety and privacy concern for many actual transgender people in Carroll County such as myself who simply want to enjoy the same freedoms guaranteed to all Americans. Through my work as an educator in CCPS and my advocacy with the Westminster-Carroll County chapter of PFLAG, I have met other transgender people living in Carroll County who are also keenly aware of the so-called "opinions" others have about our identities. Some of the trans people I have met are students of Carroll County Public Schools who express their fears about being transgender in our county's hostile environment. Transgender people throughout America face the reality that we are highly likely to be the victims of assault, harassment and even murder at the hands of hateful, ignorant people. Carroll County citizens — Mr. Guthrie and Mr. Rothschild included — need to realize that there are living and breathing transgender people in Carroll County, including in our schools, who expect and deserve our privacy and equal protection just as much as anyone else.
All transgender people in Carroll County ask for is to be safe and respected. Every single person has a gender identity — an innate sense of which gender you are, whether it be masculine, feminine or nonbinary. If you don't genuinely understand the concept of gender identity, please educate yourself and join the rest of Maryland, and the rest of the nation, in moving human rights forward in the 21st century. Better yet, directly contact PFLAG Westminster-Carroll County (Parents, Families, and Friends uniting with LGBTQ+ people to move equality forward)! All of us will be happy to help anyone learn more.
At the end of the day, the main point everyone needs to understand is that transgender people in Carroll County want to do the same things in the bathroom that cisgender people want to do: we just want to pee!
Lane Cogdill
New Windsor
Privacy Policy
Copyright © 2016, Carroll County Times, a Baltimore Sun Media Group publication | Privacy Policy
May 10th, 2016 by pflagjune
Join us for this open discussion about a topic that is far too often overlooked, even in LGBTQ+ spaces: bisexuality!
Lane and Kay will be leading a presentation with open discussion about bisexuality, including misconceptions, how it relates to other sexual orientations, health issues faced by bisexual people, and more. Lane and Kay will welcome any question that anyone wants to ask, and will be speaking from personal experience as pansexual and bisexual people, as well as from Lane's professional experience as a sex educator.
Please join us with an open mind, and bring your friends!
Sunday May 15, 2016
at 5:00 p.m
Location: St. Paul's UCC
• 17 Bond Street
• Westminster, Maryland 21157
Apr 12th, 2016 by pflagjune
Apr 1st, 2016 by pflagjune
Mar 18th, 2016 by pflagjune
The Pew Research Center also has good information available on their website.
A Common Bond for ex-Jehovah's Witnesses: http://gayxjw.org/
Feb 1st, 2016 by pflagjune
Jan 3rd, 2016 by pflagjune


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First off I wanna give a big thank you to Hoseá, Kristia, Claire, Micheal, Andrew, Justin, Christian and just the new people I've talked to during my time in Bodega Bay. Fish Out The Water is a short EP, blueprinted during my trip to Bodega Bay. This EP was just inspired by my new friends, my new place and just my new perspective in life. The EP title I got that from Logic, from that Super Mario World song (lol) and the sound and stories I got from my new friends. Honestly this EP is just so unplanned (like legit). The whole thing was literally made from the spot. I was writing during the trip to Bodega Bay and I was still writing when we came back to Roseville. The whole process for this EP was hectic, the beginning to end. I'm talking about starting from the album cover to the tracks to the mixing and recording, it was just very hectic, but I was still very excited to release this EP even though I was a little sick (you'll hear it the tracks) I still put my 110% on this. This EP was suppose to come out later this year but I wanted to put it out early so bad so the people can hear my stories, hear a different side of me, and just all in all look at me at a newer and fresh perspective. I really hope you guys enjoy this EP.
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Duke head coach David Cuttcliffe said Tuesday that the ACC should embrace the quality of the top-tier teams and capitalize on their success to improve as a conference as a whole.
TDDTV: Coach Cutcliffe Interview
Blue Devil Digest Top Stories
Jayson Tatum's Coming Out Party for DukeJayson Tatum is getting his bearings for the Blue Devils and came out in a big way in the win over Florida. His 22 points and 8 rebounds were a much needed boost for the Duke bench…
Blue Devil Digest4:48 AM
Duke vs. Florida Basketball HighlightsThe #5 Blue Devils put on another impressive performance, overwhelming the #21 Gators in the Dickie V Classic at Madison Square Garden, 84-74.
Blue Devil Digest4:42 AM
Scout 2017 Rankings DirectoryThe Scout positional, state, regional, national and team rankings for the Class of 2017...
Scout FootballMonday at 7:00 AM
Duke vs. Michigan State HighlightsThe #5 Blue Devils were impressive in their win over the Spartans in the ACC/Big Ten Challenge, 78-69.
Blue Devil Digest11/30/2016


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Talk:Suicide in France
From Wikipedia, the free encyclopedia
|WikiProject Death / Suicide
|(Rated Stub-class, Low-importance)
|WikiProject France
|(Rated Stub-class, Mid-importance)
This is not right. The suicide rate in France is about 14 per 100.000 inhabitants and that of the UK is about 11. That of the US about 12. Clearly NOT twice the number (source: List of countries by suicide rate). Please update. — Preceding unsigned comment added by 18.104.22.168 (talk) 10:15, 13 May 2013 (UTC)


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The University of Nottingham is to lead the way in the development of sustainable bioenergy fuels — Ethanol and Butanol. These sustainable bioenergy fuels use non-food crops, such as willow, industrial and agricultural waste products and inedible parts of crops, such as straw, so do not take products out of the food chain.
The University of Nottingham is leading two of six research projects being run by the national £27m BBSRC Sustainable Bioenergy Centre which was announced in London today — January 27 2009. This will be the biggest ever single UK public investment in bioenergy research. The centre has been funded by the Biotechnology and Biological Sciences Research Council (BBSRC).
Experts in microbiology and brewing science at The University of Nottingham will be leading the two five-year research programmes.
Katherine Smart, Professor of Brewing Science in the School of Biosciences, and a world leading fermentation scientist, will lead a team of researchers hoping to develop yeast capable of breaking down plant cell walls. Scientists will then be able to break down the inedible and unusable parts of plants such as the skin and stalks to produce ethanol. They will be collaborating with University of Bath, University of Surrey, BP, Bioethanol Ltd, Briggs of Burton, British Sugar, Coors Brewers, DSM, Ethanol Technology, HGCA, Pursuit Dynamics, SABMiller and Scottish Whisky Research Institute.
Professor Katherine Smart said: "The government is committed to producing replacement transport fuels. We can already buy petrol with five per cent ethanol in it but this is imported and it is important that Britain has strong energy security. Our fuel will be produced through materials which currently end up in landfill or simply go to waste. The challenge is to break down the toughest part of the plant, unlock the sugars, and by developing the very best yeast find an extremely efficient way of converting these sugars into ethanol."
The green tops of carrots, straw that is currently ploughed back into the ground, wood shavings, the husks from barley grains, even the stalks from grapes can be used to produce ethanol.
The bacteria that produce butanol belong to an ancient group of bacteria called Clostridium.
Nigel Minton, a professor of Applied Molecular Microbiology, and a world expert in the genetic modification of Clostridium bacteria, will be developing a process for the large scale production of butanol by developing microbes capable of converting plant waste into this biofuel.
Butanol has significant advantages over ethanol. It has a higher energy content, is easier to transport, can be blended with petrol at much higher concentrations and even has potential for use as an aviation fuel
Professor Minton said: "We really are focussed on the holy grail of biofuel research — developing bacteria that are able to convert non-food, plant cell wall material into a superior petrol replacement, butanol. If you had asked me a couple of years ago, I would have said it was not possible. However, my team have now developed some world beating technologies which will allow us to generate the Clostridium strains required."
The research will be carried out in collaboration with Newcastle University and TMO Renewables Ltd.
Researchers from across the scientific spectrum — chemists, engineers, microbiologists, mathematicians and fermentation scientists — will be involved in the two research programmes.
Minister of State for Science and Innovation, Lord Drayson, said: "Investing £27 million in this new centre involves the single biggest UK public investment in bioenergy research. The centre is exactly the sort of initiative this country needs to lead the way in transforming the exciting potential of sustainable biofuels into a widespread technology that can replace fossil fuels.
"The expertise and resources of The University of Nottingham makes it well placed to make a valuable contribution to the new BBSRC Sustainable Bioenergy Centre and help to make sustainable, environmentally-friendly bioenergy a reality."
The £27m BBSRC Sustainable Bioenergy Centre has been launched to provide the science to underpin and develop the important and emerging UK sustainable bioenergy sector.
The BBSRC Sustainable Bioenergy Centre is focussed on six research hubs of academic and industrial partners, based at each of the Universities of Cambridge, Dundee and York and Rothamsted Research and two at The University of Nottingham. Another seven universities and institutes are involved and 15 industrial partners across the hubs are contributing around £7m of the funding.
The Centre's research activities will encompass many different stages of bioenergy production, from widening the range of materials that can be the starting point for bioenergy to improving the crops used by making them grow more efficiently to changing plant cell walls. The Centre will also analyse the complete economic and environmental life cycle of potential sources of bioenergy.
Currently the fuels we use to provide electricity or to run cars and other vehicles is derived from coal, oil and gas. Their use is a major contributor to global warming through the production of carbon dioxide. And it is projected that in 50 years time these fossil fuels will be exhausted. So the search is on to find more environmentally friendly and renewable systems for producing liquid fuels to run cars and other vehicles.
Emma Thorne | alfa
Further information:
Further reports about: > BBSRC > Butanol > Clostridium > Ethanol > Transportation fuels > agricultural waste products > bioenergy > bioenergy fuels > bioenergy research > cell walls > food crop > fossil fuels > non-food crops > plant cell > research programme > smart bridges > sustainable bioenergy fuels
Plasma-zapping process could yield trans fat-free soybean oil product
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New findings about the deformed wing virus, a major factor in honey bee colony mortality
11.11.2016 | Veterinärmedizinische Universität Wien
In recent years, lasers with ultrashort pulses (USP) down to the femtosecond range have become established on an industrial scale. They could advance some applications with the much-lauded "cold ablation" – if that meant they would then achieve more throughput. A new generation of process engineering that will address this issue in particular will be discussed at the "4th UKP Workshop – Ultrafast Laser Technology" in April 2017.
Even back in the 1990s, scientists were comparing materials processing with nanosecond, picosecond and femtosesecond pulses. The result was surprising:...
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A multi-institutional research collaboration has created a novel approach for fabricating three-dimensional micro-optics through the shape-defined formation of porous silicon (PSi), with broad impacts in integrated optoelectronics, imaging, and photovoltaics.
Working with colleagues at Stanford and The Dow Chemical Company, researchers at the University of Illinois at Urbana-Champaign fabricated 3-D birefringent...
In experiments with magnetic atoms conducted at extremely low temperatures, scientists have demonstrated a unique phase of matter: The atoms form a new type of quantum liquid or quantum droplet state. These so called quantum droplets may preserve their form in absence of external confinement because of quantum effects. The joint team of experimental physicists from Innsbruck and theoretical physicists from Hannover report on their findings in the journal Physical Review X.
"Our Quantum droplets are in the gas phase but they still drop like a rock," explains experimental physicist Francesca Ferlaino when talking about the...
The Max Planck Institute for Physics (MPP) is opening up a new research field. A workshop from November 21 - 22, 2016 will mark the start of activities for an innovative axion experiment. Axions are still only purely hypothetical particles. Their detection could solve two fundamental problems in particle physics: What dark matter consists of and why it has not yet been possible to directly observe a CP violation for the strong interaction.
The "MADMAX" project is the MPP's commitment to axion research. Axions are so far only a theoretical prediction and are difficult to detect: on the one hand,...
ICTM Conference 2017: Production technology for turbomachine manufacturing of the future
16.11.2016 | Event News
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01.11.2016 | Event News
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NTU scientists build new ultrasound device using 3-D printing technology
07.12.2016 | Health and Medicine
The balancing act: An enzyme that links endocytosis to membrane recycling
07.12.2016 | Life Sciences
07.12.2016 | Health and Medicine


text:
Balraj Singh Khehra of television actor Karan Kundra's gang is the winner of the 13th season of the reality show MTV "Roadies." Balraj was announced the winner of MTV "Roadies X4" after beating Gaurav and Navdeesh in the finale round.
The finale episode, which aired on Sunday at 7 p.m., started with VJ Gaelyn revealing that Gaurav from Karan's gang is the third contestant who will fight in the finale with Balraj and Navdeesh.
Later, VJ Gaelyn asked gang leader Neha Dhupia to pick one of the three contestants, who will be the first person performing the task. Neha selected Navdeesh from Prince Narula's gang the first contestant to perform the finale task.
Navdeesh, Balraj and Gaurav battled out the elements – Earth, Water, Wind and Fire – to win MTV "Roadies X4." And after a tough battle, Balraj emerged as the winner.
"Balraj has been on the top of his game since he returned to the show in the wild card episode. I am extremely thrilled about his win and I am very happy with the way Gaurav performed too. It was indeed an exciting and thrilling season," Karan said in a statement.
"Winning isn't everything. It's the only thing. This is the greatest thing that has happened to me and I am really grateful to almighty," Balraj said after winning the title.
"Big congratulations to @BalrajYmail @kkundra #harmaidanfateh ... No one deserves this win more than the two of u!," Neha congratulated Karan and Balraj on Twitter.
Balraj from Karan's gang was eliminated from MTV "Roadies X4." However, he was brought back in the reality show because of his performance and competitive spirit.
The format of MTV "Roadies" changed from the last season. According to the new format, the contestants gets divided into four teams headed by celebrity judges. This year Rannvijay Singha, Prince, Karan and Neha were the gang leaders.
Last season (Roadies X2) winner was Prince, and this year Balraj won the Renault Duster for his gang.
Meanwhile, congratulations started pouring in on Twitter. Several fans took to Twitter to congratulate Balraj on winning "Roadies X4."
So balraj has won #Roadies X4 , happy for @kkundra , he completely deserved it. Congratulations ?— Nirmish Thakur (@inirmishthakur) June 19, 2016
Roadies X4 ka winner - BALRAJ paaji from KARAN's gang.— Vachaspathy (@Vachaspathy7) June 19, 2016
Wooo — feeling awesome
That was something insane I witnessed. Balraj you totally nailed it. You deserve it much more than any other. #Roadies #Winner— Amitabh Singh (@AmitabhSRK) June 19, 2016
Many congratulations to Balraj : Roadies X4 champion???@kkundra won, nice to see that ?— Sohan Dutta (@sohan658thegame) June 19, 2016


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Is there a "Most Patient Neighbor" award? This guy should win it.
After waking up to urine stains and a neighbor's wallet in his home, this citizen...
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October 8, 2009
GRAHAM WEBB INTERNATIONAL, INC., PLAINTIFF,v.C.B. SULLIVAN COMPANY, INC., DEFENDANT.
Order Granting in Part Defendant's Motion to Dismiss; Denying as Moot Plaintiff's Motion for Preliminary Injunction
Plaintiff, Graham Webb International, Inc. ("GWI"), moves the Court for a preliminary injunction staying a pending arbitration proceeding between the parties before the American Arbitration Association ("AAA") in Minnesota. Defendant, C.B. Sullivan Company, Inc. ("CBS"), moves the Court to dismiss Plaintiff's complaint for lack of personal jurisdiction, pursuant to the first-to-file rule, under the doctrine of forum non conveniens, and based on the Federal Arbitration Act. In the alternative, CBS asks the Court to transfer this action to the U.S. District Court for the District of New Hampshire. The parties have filed opposition and reply briefs with regard to both motions.
The Court heard oral argument on the parties' motions on September 30, 2009. For the reasons set forth herein, the Court GRANTS Defendant CBS's motion to dismiss based upon the Federal Arbitration Act, DENIES Defendant's motion to dismiss in all other regards, and DENIES AS MOOT Plaintiff's motion for preliminary injunction.
The Agreements
GWI is a manufacturer of beauty supply products. CBS is a full-service distributor of wholesale beauty supply products throughout New England. In February 1998, CBS and GWI entered into a Distribution Agreement (the "1998 Distribution Agreement"). The 1998 Agreement granted CBS exclusive rights to distribute GWI products to both professional stores and salons in Massachusetts and to professional stores only in New Hampshire, Vermont, and Maine. [Declaration of of Joanne Caruso in Support of Motion for Preliminary Injunction ("Caruso Decl."), Exhibit 1A.] The 1998 Distribution Agreement did not grant CBS any right to distribute GWI products to salons in New Hampshire, Vermont, or Maine. The 1998 Distribution Agreement contained an arbitration provision which states as follows:
All disputes and claims relating to or arising under or out of this Agreement shall be fully and finally settled by arbitration in Minneapolis, Minnesota pursuant to the Rules of commercial arbitration of the American Arbitration Association and the terms of the Federal Arbitration Act. The decision of the arbitrator or arbitrators shall be final and may be enforced by any court of competent jurisdiction. The foregoing paragraph of this Section shall survive any termination of this Agreement. [Caruso Decl., Exhibit 1A, page 11, ¶ 22.] This agreement expired in 2003, but GWI and CBS continued to conduct its distribution relationship in accordance with the agreement.
On August 16, 2004, GWI entered into a distribution agreement with another distributor of beauty products, Kaleidoscope (the "2004 Kaleidoscope Agreement"). [Caruso Decl., Exhibit 1C.] The 2004 Kaleidoscope Agreement granted Kaleidoscope the exclusive right to sell certain GWI products to professional salons in New Hampshire, Vermont, and Maine. The 2004 Kaleidoscope Agreement also contained an arbitration provision, which states as follows:
All disputes among the parties hereto arising under this Agreement shall be settled by arbitration or litigation according to the Rules for Arbitration attached to this Agreement as Exhibit "H" and incorporated herein.
All proceedings and hearings will take place in San Diego County, California. The parties elect to have the substantive law of California apply to the arbitration, but the parties agree that activities undertaken pursuant to this Agreement in fact affect Interstate commerce and the parties elect to apply the procedural law of the Federal Arbitration Act. The parties agree that arbitration can be compelled by a court located in San Diego County, California, that arbitration cannot be avoided by the filing of any other lawsuit or proceeding, or the involvement or lack of involvement of any other party, and that provisions or ancillary remedies can be sought without waiver of arbitration rights. [Id., p. 15, ¶ 23.]*fn1
On November 2, 2005, GWI, CBS, and Kaleidoscope entered into an agreement whereby most of Kaleidoscope's rights to distribute products to salons in New Hampshire, Vermont, and Maine under the 2004 Kaleidoscope Agreement were assigned to CBS (the "Assignment Agreement"). [Caruso Decl., Exhibit 1D.] The Assignment Agreement further provided that it would be necessary to amend the underlying 1998 Distribution Agreement to reflect the change in distribution rights:
To complete this transaction, it will be necessary to make certain amendments to the distribution agreements to reflect the change in distribution rights. In this regard, we will need to amend the CB Sullivan Distribution Agreement to include salon rights for Maine, Vermont, and New Hampshire; in the case of the Kaleidoscope Distribution Agreement, we will need to amend the distribution agreement to delete the salon sales rights for all brands except the Graham Webb Classic Line. The parties agree to execute such amendments, and sign such other documents as may be necessary to complete this transaction. [Id., p. 3.] This Assignment Agreement contained yet a third arbitration provision stating that "[i]n the event of any dispute arising from or pertaining to this agreement, the parties agree to submit such dispute to binding arbitration before the American Arbitration Association in accordance with its rules for commercial matters."
Litigation History
On January 31, 2007, GWI notified CBS that it was unilaterally terminating the parties' distribution relationship effective April 1, 2007. [Complaint, ¶ 8.] On March 21, 2007, CBS sued GWI in New Hampshire state court, asserting various claims arising out of GWI's termination of CBS's distribution rights. GWI removed the case to federal court, and then moved to dismiss the complaint arguing the claims must be submitted to arbitration based upon the clauses of the 1998 Distribution Agreement, the 2004 Kaleidoscope Agreement, and/or the Assignment Agreement. [Plaintiff's Request for Judicial Notice in Support of Motion for Preliminary Injunction, Exhibit B, p.2.]
The District Court in New Hampshire granted in part GWI's motion to dismiss and remanded the case for arbitration in accordance with the parties' agreements. [Plaintiff's Request for Judicial Notice in Support of Motion for Preliminary Injunction, Exhibit D.] In compelling arbitration, the district court first determined that although the 1998 Distribution Agreement expired in 2003, the parties "continued a course of dealing prescribed by that contract" under an implied-in-fact contract. [Id. at p.8.] Thus, the court found the parties were bound by the terms of the 1998 Distribution Agreement, including its arbitration provisions. The Court then considered whether the parties were bound by the arbitration provision in the 2004 Kaleidoscope Agreement based upon the Assignment Agreement. The court concluded that as an assignee, CBS's rights against GWI were subject to all of the limitations of the assignor's rights. "Consequently, absent evidence that the parties specifically intended otherwise, Sullivan would, as the assignee of all of Kaleidoscope's rights under the Kaleidoscope Distribution Agreement, be bound by that agreement's arbitration provisions." [Id. at pp. 11-12.]
Finally, the court examined the Assignment Agreement for evidence of GWI and CBS's intent to submit to arbitration of any disputes. The court noted the Assignment Agreement stated the parties would amend their previously-existing distribution agreements, to reflect the change in distribution rights, and found this language evidenced an intent that the parties be bound by the original 1998 Distribution Agreement:
The assignment Agreement's language quoted above plainly demonstrates that the parties intended Sullivan's newly-acquired distribution rights to be governed by the Sullivan Distribution Agreement (or the implied-in-fact contract that replaced it upon ... its expiration) -- including, of course, the [Sullivan Distribution Agreement]'s arbitration provisions. That is, the parties unmistakably contemplated amending Sullivan's existing distribution agreement with GWI to include the newly-acquired distribution rights. Consequently, any disputes relating to, or arising under or out of, Sullivan's distribution of GWI's products in the New England region would be governed by the SDA. [Id. at p. 13.] Finally, the Court noted the existence of the broad arbitration clause in the Assignment Agreement, and found that "to the extent there is any confusion about what the parties intended when they executed the Assignment Agreement, that, too, must be arbitrated." [Id. at 13-14.]
The New Hampshire court granted the motion to dismiss to the extent it sought an order remanding the case for arbitration, and administratively closed the case "subject to reopening upon motion of either party after Sullivan's claims have been fully arbitrated." [Id. at p. 15.] The Minnesota Arbitration
On June 25, 2008, CBS filed a Demand for Arbitration with the AAA in Minnesota as provided for in the arbitration clause of the 1998 Distribution Agreement. [Caruso Decl., Exhibit 1.] On July 14, 2008, GWI filed an objection to the AAA's jurisdiction over CBS's claims based upon termination of the distribution rights under the 2004 Kaleidoscope Agreement and subsequent Assignment Agreement (i.e. the right to distribute products to salons in New Hampshire, Vermont, and Maine). GWI argued that CBS was required to pursue its rights under the 2004 Kaleidoscope Agreement and subsequent Assignment Agreement in San Diego, under the rules set forth in the 2004 Kaleidoscope Agreement.
The parties engaged in mediation, which was unsuccessful, and on July 23, 2009, CBS reinstated the Minnesota arbitration. The AAA has notified the parties that it will proceed with the arbitration of the entire dispute in Minnesota, including the question of the scope of the issues properly before the arbitrators in that venue, and has asked the parties to select an arbitration panel.
The Current Litigation
On August 10, 2009, GWI filed an action in San Diego County Superior Court, seeking a declaration that the claims arising out of the 2004 Kaleidoscope Agreement must be arbitrated in San Diego under the rules set forth in that Agreement and enjoining the AAA in Minnesota from arbitrating such dispute. On August 21, 2009, CBS removed the action to this Court.
Plaintiff GWI then filed a motion for preliminary injunction, to enjoin the AAA proceedings in Minnesota. Defendant CBS moved the Court, instead, to dismiss this action on several bases. Defendant CBS also filed a motion in the district court in New Hampshire, asking that court to reopen its case and to compel arbitration of all claims in Minnesota. Plaintiff GWI has filed an objection to the Defendant's request to reopen and clarify in the New Hampshire court. The court in New Hampshire has not yet taken action on Defendant's motions, and Defendant has filed a notice of its intent to file a reply brief.
Defendant CBS's Motion to Dismiss
Defendant CBS moves to dismiss the Complaint based on lack of personal jurisdiction, pursuant to the first-to-file rule, under the doctrine of forum non conveniens, and based on the Federal Arbitration Act. Alternatively, CBS requests this Court decline jurisdiction and transfer the action to the United States District Court for the District of New Hampshire, where the parties previously litigated the question of whether the arbitration clauses in the various agreements required them to arbitrate their dispute.
A. Personal Jurisdiction
Defendant CBS first argues the Court lacks personal jurisdiction over it, and thus moves to dismiss the Complaint under Fed. R. Civ. P. 12(b)(2). A federal district court exercising diversity jurisdiction has personal jurisdiction over a non-resident defendant where jurisdiction is proper under the forum state's long-arm statute. Fireman's Fund Ins. Co. v. Nat'l Bank, 103 F.3d 888, 893 (9th Cir. 1996). Because California's long-arm statute extends jurisdiction to the full extent allowable under the due process clause of the Fourteenth Amendment, Cal. Civ. Code § 410.10, the question is whether the exercise of personal jurisdiction over CBS in this case comports with due process. Pebble Beach Co. v. Caddy, 453 F.3d 1151, 1155 (9th Cir. 2006).
The burden is upon plaintiff to demonstrate the exercise of jurisdiction is reasonable. Harris Rutsky & Co. Ins. Svcs. v. Bell & Clements Ltd., 328 F.3d 1122, 1129 (9th Cir. 2003). Plaintiff need only make a prima facie showing that the exercise of personal jurisdiction is proper in order to withstand a motion to dismiss under Rule 12(b)(2). Id. Specific jurisdiction exists if the cause of action arises out of the defendant's activities in the forum state. Fireman's Fund Ins. Co., 103 F.3d at 893-94. General jurisdiction exists when, regardless of where the particular events giving rise to the litigation occurred, defendant has "substantial" or "continuous and systematic" contact with the forum state. Helicopteros Nacionales de Colombia v. Hall, 466 U.S. 408, 414 (1984). Because a plaintiff can more easily demonstrate the existence of specific jurisdiction, rather than general jurisdiction, the Court will first determine if Defendant's contacts satisfy the standard for exercise of specific personal jurisdiction.
The Ninth Circuit has established a three-pronged test for analyzing claims of specific personal jurisdiction:
(1) The non-resident defendant must purposefully direct his activities or consummate some transaction with the forum or resident thereof; or perform some act by which he purposefully avails himself of the privilege of conducting activities in the forum, thereby invoking the benefits and protections of its laws;
(2) the claim must be one which arises out of or relates to the defendant's forum-related activities; and
(3) the exercise of jurisdiction must comport with fair play and substantial justice, i.e. it must be reasonable.
Schwarzenegger v. Fred Martin Motor Co., 374 F.3d 797, 802 (9th Cir. 2004) (citing Lake v. Lake, 817 F.2d 1416, 1421 (9th Cir. 1987)). Under the first prong, plaintiff must establish either that the defendant "purposefully availed" itself of the privilege of conducting activities in California, or that the defendant "purposefully directed" its activities toward California. Id.
Because this is an action relating to contractual relations, the court will utilize the "purposeful availment" standard to determine if it has specific personal jurisdiction over the defendant. Schwarzenegger, 374 F.3d at 802. "To have purposefully availed itself of the privilege of doing business in the forum, a defendant must have 'performed some type of affirmative conduct which allows or promotes the transaction of business within the forum state'." Boschetto v. Hansing, 539 F.3d 1011, 1016 (9th Cir. 2008) (quoting Sher v. Johnson, 911 F.2d 1357, 1362 (9th Cir. 1990)). "[T]he formation of a contract with a nonresident defendant is not, standing alone, sufficient to create jurisdiction." Id. (citing Burger King Corp. v. Rudzewicz, 471 U.S. 462, 478 (1985)).
In support of its motion to dismiss, Defendant submitted a declaration from its President, Charles B. Sullivan, stating in summary fashion that "CBS does not do business in California, maintains no offices, employs no staff, has not designated an agent for service of process, and does not own any property or other assets in California." [Declaration of Charles B. Sullivan in Support of Motion to Dismiss ("Sullivan Decl."), ¶ 3.] Mr. Sullivan further states that "[n]o representative of CBS has ever conducted business in California" and "[n]one of the agreements CBS entered into with Graham Webb International, Inc. were either executed or performed in California, nor did performance of the agreements require CBS to engage in any substantial business in California." [Id. ¶¶ 4-5.]
In response to CBS's motion, Plaintiff GWI submitted declarations disputing the extent of CBS's contacts with California. Plaintiff's declarations detail the following facts regarding the scope of CBS's contacts with California within the context of the parties' business relationship:
* Twice per month, CBS submitted to GWI in California product purchase orders, which were then processed in California by GWI and shipped from California [Declaration of Beverlee Abell in Support of Plaintiff's Opposition to Motion for Preliminary Injunction ("Abell Decl."), ¶ 11];
* CBS representatives Jeff Sullivan and Janet Caldwell regularly placed calls to GWI representative Beverlee Abell in California concerning issues relating to distribution and operations [Abell Decl., ¶ 6];
* CBS representatives attended at least two GWI promotional product meetings in California related to the Bibo Cosmetics and Back to Basics product launches;
* CBS representatives attended GWI distributor conferences in California, the coordination of which was primarily conducted in California [Abell Decl., ¶¶ 12,14; Declaration of Richard Kornbluth in Support of Plaintiff's Opposition to Motion for Preliminary Injunction ("Kornbluth Decl."), ¶ 12];
* CBS representatives Jeff Sullivan and C.B. Sullivan attended and participated in Distributor Counsel Meetings together with GWI and other GWI distributors in California [Kornbluth Decl., ¶ 12];
* CBS representatives Jeff Sullivan and C.B. Sullivan met with GWI representative Richard Kornbluth and others in or around 1999 or 2000 in Carlsbad to request that their distribution agreement not be terminated [Kornbluth Decl., ¶ 11];
* CBS representative C.B. Sullivan met with GWI representative Richard Kornbluth in late 2005 regarding the assignment to CBS of Kaleidoscope's distribution rights in Vermont, New Hampshire and Maine [Kornbluth Decl., ¶ 4].
In support of its reply, Defendant CBS submitted declarations by its representatives pointing out that at the time the parties entered into their 1998 Distribution Agreement, Plaintiff GWI was a Delaware corporation based in Minnesota. [Declaration of Charles B. Sullivan in Support of Reply ("Sullivan Reply Decl."), ¶ 2.] Defendants' representatives assert that after GWI relocated to California, the bulk of their continuing contacts were limited to telephone and email exchanges, its contacts were primarily with GWI representatives located in New England, and it "rarely communicated" with GWI representatives in California. [Sullivan Reply Decl., ¶ 3; Declaration of Jeffrey Sullivan in Support of Reply, ¶¶ 3-6.] Mr. Charles Sullivan also clarifies that his meeting with Mr. Kornbluth to discuss the assignment of the Kaleidoscope distribution rights occurred in California because he was in the State receiving chemotherapy treatment for cancer. [Sullivan Reply Decl., ¶ 4.]
Ordinarily, telephone, mail, and email communications of a nonresident are insufficient to establish purposeful availment. Peterson v. Kennedy, 771 F.2d 1244, 1262 (9th Cir. 1985). Neither temporary physical presence of a party, nor other types of fortuitous contact are sufficient to establish personal jurisdiction. FDIC v. British-American Ins. Co., Ltd., 828 F.2d 1439, 1443 (9th Cir. 1987). Here, however, the facts demonstrate CBS had more than mere sporadic or fortuitous contact with California. From the time GWI relocated to California in 1998, shortly after the parties entered into the 1998 Distribution Agreement, CBS distributed GWI's products through orders placed with GWI in California, and with products being shipped from California. Although Defendant's President, Charles Sullivan, was in California for circumstances unrelated to the parties' distribution relationship, he met with GWI representatives to discuss CBS's acquisition of Kaleidoscope's distribution rights in New England, the very agreement giving rise to this action. See Roth v. Garcia Marquez, 942 F.2d 617, 622 (9th Cir. 1991) (court correctly found defendant purposefully availed himself of the privilege of doing business in California where the subject matter of the contract, the making, editing, and production of a movie, would have continuing and extensive involvement with the forum). Thus, the Court finds Plaintiff has made a prima facie showing that Defendant CBS purposefully availed itself of the forum so as to justify the exercise of specific personal jurisdiction.
CBS argues that even if it purposefully availed itself of the forum, the exercise of jurisdiction would not be reasonable. The Ninth Circuit has enumerated seven factors for the court to consider to determine whether the exercise of jurisdiction would be reasonable:
(1) the extent of the defendants' purposeful interjection into the forum state's affairs; (2) the burden on the defendant of defending in the forum; (3) the extent of conflict with the sovereignty of the defendants' state; (4) the forum state's interest in adjudicating the dispute; (5) the most efficient judicial resolution of the controversy; (6) the importance of the forum to the plaintiff's interest in convenient and effective relief; and (7) the existence of an alternative forum.
Menken v. Emm, 503 F.3d 1050, 1058 (9th Cir. 2007). Once plaintiff has established the first two prongs of the specific personal jurisdiction inquiry (i.e. purposeful availment and that the claim arose out of contact with the forum state), the burden shifts to defendant to "'present a compelling case' that the exercise of jurisdiction would not be reasonable." Schwarzenegger, 374 F.3d at 802.
Defendant CBS has not made a "compelling case" that the exercise of jurisdiction by this Court would be unreasonable. As explained above, Defendant CBS entered into a distribution agreement (the Assignment Agreement) with a company in California, after negotiations which occurred in California. Not only the Assignment Agreement, but also the course of the parties' prior relationship under the 1998 Distribution Agreement, involve the ongoing distribution of products flowing from California. This is purely a contract dispute, requiring few witnesses. The presence of CBS's President, who negotiated the Assignment Agreement, as well as CBS's counsel in California also weighs against a finding of undue hardship. Therefore, the Court finds it has specific personal jurisdiction over Defendant CBS for purposes of resolving the claims in this case. The Court DENIES Defendant CBS's motion to dismiss for lack of jurisdiction. Because the Court finds specific personal jurisdiction exists under the standards discussed above, the Court will not address Plaintiff's alternative arguments regarding the forum selection clause in the 2004 Kaleidoscope Agreement or the existence of general jurisdiction over CBS.
B. First-to-File Rule
Defendant CBS alternatively asks the Court to dismiss this case under the first-to-file doctrine based upon its previously filed New Hampshire action. Under the first-to-file doctrine, "when cases involving the same parties and issues have been filed in two different districts, the second district court has discretion to transfer, stay, or dismiss the second case in the interest of efficiency and judicial economy." Cedars-Sinai Medical Center v. Shalala, 125 F.3d 765, 770 (9th Cir. 1997). Defendant CBS argues the parties and issues in this case are identical to those addressed by the district court in New Hampshire, such that this Court should decline to exercise jurisdiction and should, instead, defer to the New Hampshire court.
In opposition to Defendant CBS's motion, Plaintiff GWI points out that the New Hampshire case has been "administratively closed" with the provision that it may be reopened following arbitration. In addition, Plaintiff GWI argues the issue presented in this case, whether the claims arising out of the 2004 Kaleidoscope Agreement must be arbitrated in San Diego pursuant to that Agreement's clause rather than before AAA Minnesota as called for in the 1998 Distribution Agreement, were not presented in the New Hampshire case. Plaintiff argues application of the first-to-file rule will not advance judicial economy because its preliminary injunction motion here is fully briefed and ready for hearing, and any transfer to New Hampshire will lead to additional delay.
An order administratively closing a case pending court-compelled arbitration has no impact upon the court's continuing jurisdiction over the action. Dees v. Billy, 394 F.3d 1290, 1294 (9th Cir. 2005). Thus, there is no jurisdictional bar to the New Hampshire court reopening the case before it to clarify whether the arbitration it compelled should be conducted in Minnesota or San Diego. Nonetheless, the New Hampshire court has not yet considered Defendant CBS's motion to reopen the case. As explained in detail below, the Court finds the parties' agreements manifest a clear intention that the current dispute be resolved by arbitration according to the terms of the Assignment Agreement. Therefore, because this Court can readily resolve the issues presented, the Court finds judicial efficiency is best served by going forward in this Court rather than deferring to the court in New Hampshire.*fn2 The Court DENIES Defendant CBS's motion to dismiss based on the first-to-file rule.
C. Forum Non Conveniens
Defendant CBS also moves to dismiss based on the common law doctrine of forum non conveniens. As Plaintiff GWI points out in its opposition, this doctrine applies only in cases where the alternative forum is abroad. Sinochem Int'l Co. Ltd. v. Malaysia Int'l Shipping Corp., 549 U.S. 422, 430 (2007). Where a party seeks transfer from one district court to another within the federal court system, the proper analysis is under 28 U.S.C. §§ 1404(a) or 1406(a). Id. Thus, the Court DENIES Defendant CBS's motion to dismiss based upon the doctrine of forum non conveniens.
D. Federal Arbitration Act
Defendant CBS argues the Court must dismiss this action pursuant to the Federal Arbitration Act ("FAA") because the Assignment Agreement specifically provides that all disputes under that Agreement must be submitted to binding arbitration before the AAA in accordance with its rules for commercial matters. CBS, therefore, argues any disagreement regarding whether the parties intended CBS's newly-acquired distribution rights to be governed by the 1998 Distribution Agreement or the 2004 Kaleidoscope Agreement must itself be submitted to arbitration. In opposition, Plaintiff GWI argues this Court must, in the first instance, determine whether the 2004 Kaleidoscope Agreement's arbitration provision encompasses the parties' dispute relating to the distribution of products to salons in Maine, Vermont, and New Hampshire.
A dispute about whether the parties are bound by a particular arbitration clause, as well as a disagreement about whether an arbitration clause in an otherwise binding contract applies to a particular controversy, are both for the court to determine. Howsam v. Dean Witter Reynolds, Inc., 537 U.S. 79, 84 (2002). Under the FAA, however, where parties "clearly and unmistakably" provide that arbitrators are to decide matters of arbitrability, courts are divested of their authority to determine whether disputes are arbitrable. AT&T Technologies, Inc. v. Communications Workers, 475 U.S. 643, 649 (1986); United Brotherhood of Carpenters and Joiners v. Desert Palace, Inc., 94 F.3d 1308, 1310 (9th Cir. 1996).
In this case, Plaintiff GWI seeks a declaration that the 2004 Kaleidoscope Agreement requires the parties to arbitrate their dispute regarding the termination of the distribution relationship in San Diego under the set of rules specified in that Agreement. Although Defendant CBS was not a signatory to the 2004 Kaleidoscope Agreement, Plaintiff GWI argues CBS is bound by the terms of the original 2004 Kaleidoscope Agreement, including the arbitration clause contained therein. See Comedy Club, Inc. v. Improv W. Assoc., 553 F.3d 1277, 1287 (9th Cir. 2009) (noting that arbitration clauses may bind non-parties such as an assignee or third party beneficiary); Chan v. Society Expeditions, Inc., 39 F.3d 1398, 1406 (9th Cir. 1994) (noting that non-party to original agreement may be bound by forum selection clause if the contracting party was an authorized agent of the non-party).
Notwithstanding the general principle that an assignee is impliedly bound by the terms of the original contract, including any arbitration provision, in this case there is a written agreement documenting the assignment of rights by Kaleidoscope to CBS. The Assignment Agreement, signed by GWI, Kaleidoscope, and CBS, sets forth the scope and terms of the assignment of rights from Kaleidoscope to CBS. This Assignment Agreement itself contains an arbitration clause, providing that "[i]n the event of any dispute arising from or pertaining to this agreement, the parties agree to submit such dispute to binding arbitration before the American Arbitration Association in accordance with its rules for commercial matters." [Caruso Decl., Exhibit 1D, p. 3.] This is the very sort of language that the Ninth Circuit has held requires decision by the arbitrator regarding the scope of the claims to be arbitrated. Chiron Corp. v. Ortho Diagnostic Systems, Inc., 207 F.3d 1126, 1130 (9th Cir. 2000) (where arbitration clause stated that "any dispute, controversy or claim arising out of or relating to the validity, construction, enforceability or performance of this Agreement shall be settled by binding Alternate Dispute Resolution ('ADR') in the manner described below," the question of whether a prior court judgment has res judicata effect should be submitted to arbitrator); United Brotherhood, 94 F.3d at 1310 (where parties agreed that all disputes "regarding the interpretation or application of the provisions of this Agreement ..." would be submitted to arbitration, it was for the arbitrator, in the first instance, to decide the question of arbitrability).
The Assignment Agreement unambiguously states that "any dispute" under the agreement must be submitted to binding arbitration. Under the AAA Commercial Arbitration Rule 7, the arbitrator "shall have the power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the arbitration agreement." Plaintiff GWI has cited no authority which would require this Court ignore the arbitration clause contained in the parties' written and executed Assignment Agreement, and instead allow Plaintiff GWI to proceed under the theory that Defendant CBS is impliedly bound by the arbitration clause contained in GWI's prior agreement with Kaleidoscope. Neither the Chan nor the Comedy Store case, upon which Plaintiff GWI relied at the hearing on this motion, requires the Court to disregard the arbitration clause contained in the written Assignment Agreement between the parties to this action, in order to enforce the conflicting arbitration clause in the 2004 Kaleidoscope Agreement. The Court finds the arbitration clause contained in the written Assignment Agreement, signed by all of the parties, governs the arbitrability of disputes arising out of the assignment.
The arbitration clause contained in the Assignment Agreement provides that "any dispute arising from or pertaining to" that agreement would be submitted to binding arbitration before the AAA in accordance with its rules for commercial matters. Thus, the question of whether the parties intended CBS's newly-acquired distribution rights to be subject to arbitration under the provision of the 2004 Kaleidoscope, or instead intended such rights to be enforceable under the provision of the parties' 1998 Distribution Agreement, must itself be arbitrated by the AAA according to the terms of the Assignment Agreement. The Court GRANTS Defendant CBS's motion to dismiss this action under the Federal Arbitration Act.
For the reasons set forth herein, the Court DENIES Defendant CBS's motion to dismiss for lack of personal jurisdiction, under the first-to-file rule, and based on the doctrine of forum non conveniens. The Court GRANTS Defendant CBS's motion to dismiss this action under the Federal Arbitration Act.
Pursuant to the parties' Assignment Agreement, the question of whether Defendant CBS can include in its pending arbitration proceeding before the AAA in Minnesota its claims against Plaintiff GWI, arising out of the 2004 Kaleidoscope Agreement, must itself be determined by binding arbitration before the AAA according to its rules for commercial matters. Plaintiff GWI's motion for preliminary injunction is DENIED as moot. The Clerk is directed to close this case subject to reopening following completion of the arbitration.
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News analysis: Credit Suisse oozes confidence at AGM
Just days after shareholders at UBS' annual meeting accused the bank's chairman of telling fairy tales, leaders from Switzerland's other big bank, Credit Suisse, took to the same stage in confident mood as they faced their own investors today.
While Peter Kurer was bizarrely confronted by a shareholder armed with a big red book, which turned out to be Grimm's Fairy Tales, as he prepared to step down as UBS' chairman last week, his counterpart at Credit Suisse, Walter Kielholz, today underlined to shareholders the bank's positive comparative share price performance and capital strength as he took the stage at Zurich's Hallenstadion.
Kielholz had already partly won over shareholders attending the Credit Suisse annual general meeting with the promise of "mineral water and confectionery" during the event, before striking a positive tone in his comments on the bank's performance and prospects.
On Credit Suisse's Sfr10bn tier one fundraising from existing shareholders late last year, Kielholz said: "The preservation of our capital strength was of decisive importance. The ability to rapidly and flexibly strengthen our capital base clearly distinguished Credit Suisse from its peers in 2008."
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Credit Suisse chief executive Brady Dougan echoed Kielholz in lamenting last year's operating losses and admitted the bank made mistakes, but also pointed out its strong competitive position.
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