text:
Skip to comments.LIVE THREAD: George W. Bush: Behind the Headlines ( Fox News )
Posted on 01/16/2005 5:19:30 PM PST by Howlin
Rare photos, unseen video and exclusive interviews with the president's inner circle! Dick Cheney, Karl Rove, Andy Card, and Joe Allbaugh take you inside the Oval Office during crisis and war, and paint an intimate portrait of G.W.B.
(Excerpt) Read more at foxnews.com ...
Great. About time they gave an interview to someone who didn't want to stab them in the back.
repeated at midnight
Will be watching
Or is it.....I think therefore I'm here.
Thanks for the thread
after the day I've had??
I don't know .... *L*
Thank goodness. Sure glad it's not Alan Colmes. :-)
I'm looking forward to it. ;-)
One hour.
Get ready, folks. They are going to replay the presser in the Oval Office shortly after 9/11 where the Prez almost breaks down. Have some tissues handy is my advice.
Hosted by Brit Hume.
Thanks, Howlin.
George W. Bush: Behind the Headlines
(On FOX News Channel)
Rare photos, unseen video and exclusive interviews with the president's inner circle! Dick Cheney, Karl Rove, Andy Card, and Joe Allbaugh take you inside the Oval Office during crisis and war, and paint an intimate portrait of G.W.B.
(Excerpt) Read more at foxnews.com ...
Please let me know if you want ON or OFF my General Interest ping list!. . .don't be shy.
Thanks for the thread. I didn't know if you'd gotten my ping or not.
Any screen cap Freepers here?
I sure hope some of those guys turn up! (Maybe we can steal them from the football threads!
Thanks for the thread and the pings..........getting videotape ready!
The games are over, so someone ought to be able to pull free and give us some...
Here's a good article while we wait:
This ought to be good...
Thank you! I had no idea!
Present and ready to watch!
Most of those other disingenuous "back stabbing" interviews illustrate more about the hateful interviewers than anything else.
Here I am! Thanks for starting a thread!
LOL ....Juan Williams. ;-)
I, for one, just came over for this.
Thanks for this thread. I'm happy to switch off the Golden Globes for this!
I like it already!
THE LOOK!!! And WE spotted it 4 years ago!
What is the "White Noise" message saying??
Same thing the MSM has always said? Static. Noise. Junk. Lies.
He directed it at Kofi Annan. I knew he was "the man" right then and there.
I'm caught between this and Desperate Housewives! I hope that's a rerun!
Brit in a trench coat, outside the White House. Now starting with the 2000 campaign.
Thanks for the ping!
Oh, I missed that one! I have a collection of those!
get out of my house... (/ghost voice)
You're not confusing/comparing Fox with the MSM, are you?
Carl Cameron's home video of the 2000 campaign.
Capture that pic at midnight!
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text:
Arsène Wenger has insisted that he never considered an attempt to sign Raheem Sterling because of his belief that Arsenal's attacking players are of an adequate quality.
Wenger is able to use Alexis Sánchez, Theo Walcott, Alex Oxlade-Chamberlain, Jack Wilshere, Mesut Özil and Serge Gnabry in wide positions, possessing a variety and strength in depth he believes is the envy of the Barclays Premier League.
Liverpool have agreed a £49 million deal to sell Sterling to Manchester City, a British record transfer and a move that Wenger has regarded as inevitable for some time.
"It looked a done deal for

subset: commoncrawl


text:
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February 16, 2012
CUMBERLAND FARMS, INC.,PLAINTIFF,v.LEXICO ENTERPRISES, INC., AND FRANK KESHTGARDEFENDANTS.
This case arises out of a business dispute between the Plaintiff Cumberland Farms, Inc. ("Cumberland") and the Defendant Lexico Enterprises, Inc. ("Lexico"). In two previous actions in federal district court, Lexico asserted several claims against Cumberland arising out of a franchise agreement. All of those claims by Lexico were ultimately lost. Cumberland has now brought a separate action to recover reimbursement of attorney's fees and costs that it incurred in the previous actions and has moved for summary judgment.
Except where noted, the following facts are undisputed.
The Plaintiff Cumberland and the Defendant Lexico were parties to a franchise relationship, in which Cumberland leased to Lexico an Exxon-branded gas station and convenience store located at 2030 Sunrise Highway, Merrick, New York 11566 (the "Merrick Exxon Station"). The parties entered into a relevant lease agreement (the "Lease"), effective August 1, 2006 through July 31, 2009. In addition, Lexico also contracted to purchase from Cumberland all of the supplies necessary to operate the station (the "Supply Agreement"), also effective August 1, 2006 through July 31, 2009.
Both the Lease and the Supply Agreement contained assignability clauses. The agreements provided that if Lexico wished to assign its rights under the franchise agreements, it needed to obtain Cumberland's approval. In addition, paragraph 19 of the Lease provided that Lexico "shall reimburse [Cumberland] for all reasonable costs (including all attorneys' fees) that [Cumberland] incurs in enforcing its rights and remedies under this Lease." (Pl. Ex. 1.) Although Lexico and Cumberland do not deny that this provision was contained in the Lease, they do dispute its meaning.
On April 26, 2006, the Defendant Frank Keshtgar, a principal of Lexico, issued to Cumberland a "Continuing Guaranty" (the "Guaranty"), in which Keshtgar "unconditionally guarantee[d] to [Cumberland] the full payment and performance when due of all Indebtedness", which is further defined in paragraph 1 to mean "all debts and other obligations of [Lexico] to [Cumberland] of any kind." (Pl. Ex. 3.) In addition, as Guarantor, Keshtgar agreed "to pay expenses, including attorney's fees, reasonably incurred by [Cumberland] in efforts to collect or enforce any Indebtedness or this Guaranty." (Id. at ¶ 6.) Once again, although Lexico and Cumberland do not deny that this provision was contained in the Guaranty, they do dispute its meaning.
On March 4, 2008, Lexico contracted to sell its leasehold on the Merrick Exxon Station and its rights under the Supply Agreement to a third-party, WorldCo Petroleum NY Corp. ("WorldCo"). However, as stated above, to consummate this transaction, both the Lease and the Supply Agreement required Cumberland to consent to the transfer. The contracts further provided that this consent was not to be unreasonably withheld.
To assess whether to approve the transfer of the contract rights from Lexico to WorldCo, Cumberland allegedly met with a representative of WorldCo on April 22, 2008. Lexico asserted that, on that date, Cumberland provisionally withheld its consent to transfer the contract rights, because it found WorldCo's representative had insufficient training to successfully operate the business. Lexico claimed that Cumberland then reversed its decision two days later, and notified Lexico on April 24, 2008 of its intent to approve the transfer to WorldCo. However, on April 25, 2008, WorldCo withdrew its purchase offer, allegedly based on its April 22, 2008 meeting with Cumberland.
On June 3, 2008, Lexico filed a lawsuit against Cumberland in the United States District Court for the Eastern District of New York, asserting claims for breach of contract and tortious interference with contract, under Docket No. 08-cv-2221 (the "First Action").
On April 22, 2009, Lexico terminated the Lease and the Supply Agreement pursuant to their terms. A week later on April 29, 2009, Lexico then filed a second lawsuit against Cumberland, which was before this Court under Docket No. 09-cv-0712 (the "Second Action"). Lexico alleged identical facts to those asserted in the First Action, except that it also alleged that it operated the Merrick Exxon Station without profit from April 22, 2008 to April 22, 2009. In addition, Lexico asserted the same causes of action as in the First Action, except that it demanded a lesser amount in damages. Lexico explained that the damages claim in the Second Action did not account for the direct value of the lost sale to WorldCo, but rather reflected other financial losses sustained after Cumberland refused to consent to the sale to WorldCo until the franchise relationship between the parties was mutually terminated.
On February 27, 2010, this Court dismissed the Second Action because the causes of action asserted by Lexico were identical to those asserted in the First Action and thus were duplicative. The case was closed on March 1, 2010.
On July 26, 2010, a jury trial was commenced in the First Action. The court determined at the conclusion of the trial that Lexico had not met its burden of proof with respect to tortious interference with the contract and dismissed the claim. The first count for wrongful withholding of consent was sent to the jury for deliberation, and the jury returned a unanimous verdict in Cumberland's favor - namely, finding that it did not unreasonably withhold consent pursuant to the Lease and Supply Agreements.
On October 12, 2010, Cumberland filed the present action to recover attorneys' fees, costs of suit, and other expenses it incurred to enforce its rights under the franchise agreements - essentially defending the two previous lawsuits brought by Lexico - in the total approximate amount of $344,163.29 (the "Indebtedness"). Cumberland presently asserts two causes of action. First, it alleges liability under the Lease agreement against Lexico, because Lexico has failed to pay any portion of the Indebtedness that Cumberland incurred to enforce its rights under the Lease, specifically "its right to withhold consent to a proposed sale and assignment to a third party when such withholding of consent is reasonable." (Compl. at ¶ 27.) Second, Cumberland alleges liability under the Guaranty against Keshtgar, because in the Guaranty, Kestgar unconditionally guaranteed to be held liable for all unpaid indebtedness of Lexico. (Compl. at ¶ 32.)
A.Legal Standard for Summary Judgment "Summary judgment is warranted when, after construing the evidence in the light most favorable to the non-moving party and drawing all reasonable inferences in its favor, there is no genuine issue as to any material fact." Guest v. Hansen, 603 F.3d 15, 20 (2d Cir. 2010) (citing Fed. R. Civ. P. 56(c)). The burden of showing that no genuine factual issue exists rests on the moving party. See Gallo v. Prudential Residential Servs., Ltd. Partnership, 22 F.3d 1219, 1223 (2d Cir. 1994).
"Interpretation of the terms of a legally binding agreement, such as a contract, are questions of law and therefore appropriate for summary judgment." Interactive Motorsports and Entm't Corp. v. Dolphin Direct Equity Partners, LP, and Race Car Simulation Corp., 419 Fed. App'x 60, 61 (2d Cir. 2011). Summary judgment is appropriate if the terms of the contract are unambiguous. See Topps Co. v. Cadbury Stani S.A.I.C., 526 F.3d 63, 68 (2d Cir. 2008) ("a motion for summary judgment may be granted in a contract dispute only when the contractual language on which the moving party's case rests is found to be wholly unambiguous and to convey a definite meaning"). Unless the movant can demonstrate that the contractual language is not "susceptible of at least two fairly reasonable meanings" summary judgment will not be granted. See Schering Corp. v. Home Ins. Co., 712 F.2d 4, 9 (2d Cir. 1983). However, summary judgment is appropriate where the language of the contract is clear on its face, even though one party proffers a different interpretation of the contract language. See Harris Trust & Savings Bank v. John Hancock Mut. Life Ins. Co., 970 F.2d 1138, 1147--48 (2d Cir. 1992), cert. denied, 507 U.S. 986, 113 S. Ct. 1585, 123 L. Ed. 2d 151 (1993).
"To the extent the moving party's case hinges on ambiguous contract language, summary judgment may be granted only if the ambiguities may be resolved through extrinsic evidence that is itself capable of only one interpretation, or where there is no extrinsic evidence that would support a resolution of these ambiguities in favor of the nonmoving party's case." Id.
B.As to Whether Lexico Is Liable Under the Lease Agreement
Paragraph 19 of the Lease agreement provides that Lexico "shall reimburse [Cumberland] for all reasonable costs (including attorneys' fees) that [Cumberland] incurs in enforcing its rights and remedies under this Lease." (Pl. Ex. 1.) Cumberland argues that this unambiguous language of the Lease demonstrates that Lexico is obligated to reimburse Cumberland for attorneys' fees and costs incurred in defending the two previous Lexico lawsuits. In particular, the Plaintiff asserts that "[b]ecause the two Lexico lawsuits challenged Cumberland's rights as specifically set forth in the Lease, and caused Cumberland to incur attorneys' fees and costs to protect and enforce those rights, Cumberland is entitled to reimbursement for those fees and costs from Lexico." (Pl. Mem. at 5.)
In opposition, the Defendant Lexico argues that based upon the common definitions of the terms "enforce" and "right", Cumberland was not enforcing any of its Lease rights in the prior two suits. According to Lexico, instead of taking affirmative action to compel obedience or to cause something to happen, Cumberland merely defended when it denied, contested, and opposed the claims and allegations made by Lexico.
The Court agrees with the Plaintiff and finds that the unambiguous language of the agreement evinces a clear intent to indemnify Cumberland's costs relating to claims arising from the Lease agreement in which Cumberland enforces its rights and remedies. This enforcement includes the First and Second Actions, as both actions concerned Cumberland's "right" to reasonably withhold consent to a proposed sale and assignment of the franchise. The Court finds that Lexico's interpretation of the Lease is unpersuasive. Its starting premise is that one can only enforce its rights by acting in the role of a plaintiff in civil litigation, rather than as a defendant. However, that is plainly not the case. First, the unambiguous language provides that the "Lessee shall reimburse Lessor for all reasonable costs . . . that Lessor incurs in enforcing its rights and remedies under this Lease." The plain terms do not distinguish between a plaintiff and a defendant. It thus allows the Lessor to seek reimbursement regardless of whether it is a plaintiff or defendant, and would allow it to recover fees as a result of the previous actions.
More importantly, the language "enforcing its rights and remedies" is not confined solely to affirmative actions of a plaintiff. Rather, even by acting as a defendant against Lexico's meritless claims, Cumberland was enforcing its contractual rights. See Loss Prevention Works, LLC v. March Networks, Inc., No. 10 Civ. 7616, 2011 WL 5838445, at *4 (S.D.N.Y. Nov. 21, 2011) ("By defending against LPW's meritless claims, MNI incurred "fees and costs" during an action brought to enforce contractual rights."). "New York courts routinely award prevailing defendants fees and costs in such circumstances." Id. See, e.g., Tudisco v. Duerr, 89 A.D.3d 1372, 933 N.Y.S.2d 140 (4th Dep't 2011) ("Here, pursuant to the promissory note, defendants are entitled to attorneys' fees related to claims or counterclaims to enforce their rights under the note."); Residential Holdings III LLC v. Archstone--Smith Operating Trust, 83 A.D.3d 462, 468, 920 N.Y.S.2d 349 (1st Dep't 2011) (defendants as the prevailing party were entitled to fees and costs in an action brought to enforce a contract); Kessel Brent Corp. v. Benderson Prop. Dev., Inc., 68 A.D.3d 1709, 1709, 893 N.Y.S.2d 401 (4th Dep't 2009) (same). See also Towers Charter & Marine Corp. v. Cadillac Ins. Co., 894 F.2d 516, 525 (2d Cir. 1990) ("Further, the fact that Towers commenced suit first would not remove Cadillac's cost of defending that action from the category of "costs of collection"; Towers cannot avoid its contractual responsibilities simply by making a meritless preemptive strike.").
Finally, the reimbursement clause at issue is similar to a prevailing party provision, because it essentially "provides that if either of the parties to the contract brings an action to enforce its terms, the non-prevailing party must pay the prevailing party's fees and costs." Loss Prevention Works, 2011 WL 5838445, at *4. Such a provision as a general matter gives no weight to whether the prevailing party is a plaintiff or defendant. Of course, the provision at issue does not expressly state that Cumberland needs to be a prevailing party in order to be reimbursed. However, the Court would not find that the Cumberland was enforcing its rights and remedies if it had not prevailed in the previous actions. In other words, if Cumberland's claims had been defeated in the previous actions by Lexico, then that necessarily means that it was not Cumberland's right to enforce the legal fees and costs provision in the first instance. The sole difference between a typical prevailing party provision and the reimbursement provision at issue is that in this case, it is only applicable if the Lessor, Cumberland, is the prevailing party, which for these purposes is irrelevant because it is undisputed that Cumberland was the successful party.
In sum, the language of the contract is clear on its face that Cumberland is entitled to the fees and costs it seeks pursuant to the reimbursement provision. The Court agrees with the Plaintiff that the result should not differ based upon whether Cumberland was a plaintiff or defendant, because "the two suits would both involve the same issue (whether Cumberland properly exercised its right to reasonably withhold consent), and Cumberland would be seeking the same remedy (an order enforcing that right)." (Pl. Reply at 2.)
Therefore, the Court finds that Cumberland is entitled to be reimbursed for its costs, including attorney's fees, that were incurred as a result of the two prior actions relating to the Lease agreement.
C.As to Whether Keshtgar is Liable Under the Guaranty Agreement
The Guaranty agreement entered into by Lexico's principal, Frank Keshtgar, states that he "unconditionally guarantees to [Cumberland] the full payment and performance when due of all Indebtedness", and further states that he "agrees to pay expenses, including attorney's fees, reasonably incurred by [Cumberland] in efforts to collect or enforce any Indebtedness or this Guaranty." (Pl. Ex. 3.) Unlike the Lease agreement, which the parties appear to agree is governed by New York law, the Guaranty agreement is expressly governed by Massachusetts law. Thus, the Court does not consider the case precedent utilized by the Plaintiff in its motion with regard to the Guaranty to the extent that it is governed by New York law.
Under Massachusetts law, instruments of guaranty, like other contracts, are enforceable in accordance with their terms. Shawmut Bank v. Wayman, 606 N.E.2d 925, 927, 34 Mass. App. Ct. 20, 23 (Mass. App. Ct. 1993). "The liability of the defendants as guarantors is to be ascertained from the terms of the written contract construed according to the usual rules of interpretation read in connection with the subject matter, the relations of the parties to the transaction, and the well understood usages of business." Schneider v. Armour & Co., 80 N.E.2d 34, 36, 323 Mass. 28, 30 (Mass. 1948). Moreover, a guaranty that is absolute and unconditional is one that requires no condition precedent to its enforcement against the guarantor other than the mere default by the principal obligor. See Shawmut Bank, 34 Mass. App. Ct. at 23; Provident Co-op Bank v. James Talcott, Inc., 260 N.E.2d 903, 910, 358 Mass. 180, 192-93 (Mass. 1970).
Here, the Guaranty that Keshtgar signed was unconditional because the agreement expressly used the term "unconditionally." In addition, the plain and unambiguous terms of the Guaranty provide that Keshtgar guarantees to Cumberland the full payment and performance when due of all Indebtedness. Lexico even appears to concede that if Cumberland is entitled to costs as a result of the prior lawsuits, then Keshtgar would be obligated under the Guaranty. (See Def. Opp. at 4) (presenting no argument with regard to Keshtgar other than that "[s]ince [Cumberland] is not entitled to costs it incurred in defending the Lexico[Cumberland] suits, Keshtgar is not obligated under the Guaranty").
Thus, the Court agrees with the Plaintiff that, as a matter of law, Keshtgar is liable as a guarantor to reimburse Cumberland for attorney's fees and costs incurred during the previous Lexico suits.
However, the Plaintiff Cumberland still must demonstrate that the principal obligor, Lexico, has defaulted, before it may seek collection from Keshtgar as a guarantor. Cumberland acknowledges that it cannot seek a dual recovery and that Keshtgar is only liable to the extent that Lexico does not pay the full amount of the attorneys' fees and costs.
While as of this time Lexico has failed to pay the fees Cumberland alleges it is owed, the Court finds that it must be given an opportunity to do so in light of this Memorandum of Decision and Order, prior to finding that Lexico has defaulted. Therefore, the Court finds that if, and only if, Lexico does not pay the full amount awarded by the final judgment in this case, then Keshtgar is liable for that amount.
D.As to Whether a Claim for Attorneys' Fees and Costs Should Have Been Brought in the Previous Suits as Compulsory Counterclaims
The Defendant Lexico argues that summary judgment is inappropriate in the present case because under Rule 13, Cumberland's failure to seek its costs in the previous actions requires that this suit be dismissed.
Federal Rule of Civil Procedure 13(a) requires, with certain exceptions not relevant here, that a litigant "state as a counterclaim any claim . . . if it arises out of the transaction or occurrence that is the subject matter of the opposing party's claim." In the Second Circuit, a claim is compulsory if "a logical relationship exists between the claim and the counterclaim and [if] the essential facts of the claims are so logically connected that considerations of judicial economy and fairness dictate that all the issues be resolved in one lawsuit." Critical-Vac Filtration Corp. v. Minuteman Int'l, Inc., 233 F.3d 697, 699 (2d Cir. 2000) (internal quotation marks omitted); see Jones v. Ford Motor Credit Co., 358 F.3d 205, 209 (2d Cir. 2004) ("this Circuit has long considered this standard met when there is a 'logical relationship' between the counterclaim and the main claim").
Courts consider the following factors when deciding whether a counterclaim is compulsory: "(1) identity of facts between the original claim and counterclaim; (2) mutuality of proof; (3) logical relationship between original claim and counterclaim." Mirkin, Barre, Saltzstein, Gordon, Hermann & Kreisberg v. Noto, 94 F.R.D. 184, 187 (E.D.N.Y. 1982) (quoting Federman v. Empire Fire & Marine Ins. Co., 597 F.2d 798, 811-12 (2d Cir. 1979)). "Although these factors or tests may be indicative in one sense or another of the compulsory character of a counterclaim, no one of them is conclusive, and should not be relied upon exclusively." Id. "If a party has a compulsory counterclaim and fails to plead it, the claim cannot be raised in a subsequent lawsuit." Id.
Thus, the relevant determination is whether Cumberland's present suit for reimbursement of fees and costs is "so logically connected" to the previous suits regarding breach of the assignability provision of the Lease agreement, that it arises out of the same transaction or occurrence as the First or Second Action. This Court has not uncovered any case law in this circuit directly addressing the issue of whether a claim for reimbursement of attorney's fees and costs pursuant to a contract provision is a compulsory counterclaim under Rule 13 in a suit for breach of another provision of that contract.
Cases with somewhat analogous facts have made determinations under Rule 13 upon consideration of varying factors. See, e.g., Capital Asset Research Corp. v. Finnegan, 216 F.3d 1268, 1279 (11th Cir. 2000) ("nothing in the language of the Rule [13] itself or in the Advisory Committee notes suggests that the failure to seek attorneys' fees in a pleading is a defect depriving the district court of subject matter jurisdiction."); Breton, LLC v. The Lincoln National Life Ins. Co., No. 10 Civ. 1309, 2011 WL 3678148, at *17 (E.D. Va. Aug. 19, 2011) (finding that a defendant had no obligation under Rule 13 to assert its entitlement to attorney's fees as a counterclaim in an earlier litigation because although arguably some "logical relationship" existed, the cases involved interpretation of different documents and different evidence); Sokoloff v. Gen. Nutrition Companies, Inc., No. 00 Civ. 641, 2001 WL 536072, at *8 (D. N.J. May 21, 2001) ("New Jersey's Entire Controversy Doctrine does not bar defendants from filing a separate action in a court of competent jurisdiction for the recovery of fees under the Franchise Agreement because the defendants could not assert they were the 'prevailing parties' until the first case was resolved and because they did everything procedurally possible to preserve their right to seek fees"); First African Trust Bank, Ltd. v. Bankers Trust Co., No. 94 Civ. 4995, 1995 WL 422269, at *2 (S.D.N.Y. July 14, 1995) ("FATB's second objection, that Bankers Trust waived its right to attorney fees by failing to file a compulsory counterclaim in the prior litigation, is also meritless. Although Bankers Trust was sued in the Southern District by FATB in name, FATB itself was not a party. Thus, it cannot be said that FATB itself appeared in that action."); Bellevue v. Kafka, No. 92 Civ. 4589, 1994 WL 127213 at *2-3 (N.D. Ill. Apr. 7, 1994) ("Because the plaintiffs' claim for attorneys' fees was premature until after the original suit was adjudicated, it cannot be a compulsory counterclaim."); In re Watkins, 298 B.R. 342, 350 n.2 (Bkrtcy. N.D. Ill. 2003) ("Even if Illinois were a compulsory-counterclaim jurisdiction, GMAC's subsequent claim for attorney' fees would not necessarily be barred as result of Watkins' breach-of-contract claim . . . in the original lawsuit, because the former did not necessarily arise out of the same nucleus of operative facts as the latter.").
"The crucial element in determining whether a newly asserted claim is based on the same cause of action as a previously decided claim is "the factual predicate of the several claims asserted." Bin Saud v. Bank of New York, 734 F. Supp. 628, 633 (S.D.N.Y. 1990). "For it is the facts surrounding the transaction or occurrence which operate to constitute the cause of action, not the legal theory upon which a litigant relies." Expert Electric Inc. v. Levine, 554 F.2d 1227, 1234 (2d Cir.), cert. denied, 434 U.S. 903, 98 S. Ct. 300, 54 L. Ed. 2d 190 (1977).
Here, the Court finds that although the present case is logically related to the First and Second Actions in that it arises in part from the same underlying contract and is seeking reimbursement for fees and costs incurred in those previous actions, it is not sufficiently related so as to constitute a compulsory counterclaim under Rule 13. First, other than the actual Lease agreement, there is no identity of facts between the original claim and the present action. The First and Second Actions primarily concerned facts revolving around Lexico's contract to sell its leasehold on the Merrick Exxon Station and its rights under the Supply Agreement to third-party WorldCo, and whether Cumberland unreasonably withheld its consent to transfer the contract rights. These facts are basically not relevant to the present action, because anything to do with the Merrick Exon Station or WorldCo is essentially immaterial. Instead, the relevant facts in this case mainly concern different language in the Lease agreement and whether Kushtgar, as principal of Lexico, personally guaranteed any indebtedness to Cumberland via a Guaranty agreement.
Moreover, there is no mutuality of proof between the First and Second Action and this Action. Of course, the Lease agreement itself is a vital component of all of the actions. But that is where any mutuality ceases.
This case is unlike attorney malpractice suits, relied upon by the Defendant, where courts have almost unanimously held that causes of action for attorneys' fees are compulsory counterclaims. See D'Jamoos v. Griffith, 368 F. Supp. 2d 200, 204 (E.D.N.Y. 2005) ("courts hold that legal malpractice claims and counterclaims for legal fees arising from that litigation are 'logically related'"); Law Offices of Jerris Leonard, P.C. v. Mideast Systems, Ltd., 111 F.R.D. 359, 361 (D.D.C. 1986) ("Under this standard, it is hard to imagine a clearer compulsory counterclaim to a complaint for failure to pay legal fees than a legal malpractice claim stemming from the handling of the litigation for which fees are sought."). The distinction is that in an attorney malpractice suit, "[t]he party raising the malpractice claim is in effect asserting a defense of failure to perform to the lawyer's claim for breach of contract." Id. Here, Lexico's previous claims can in no way be considered a defense of failure to perform to Cumberland's claim for the collection of fees, because logically Cumberland's claims under the reimbursement provision could not arise until Lexico first brought its suit.
Accordingly, the present case is more akin to that of indemnification. "Indemnity provisions by definition . . . require reimbursement for losses and liabilities that the indemnitee has actually incurred." Mid-Hudson Catskill Rural Migrant Ministry, Inc. v. Fine Host Corp., 418 F.3d 168, 179 (2d Cir. 2005) ("The contract provision requiring defendant to pay attorney's fees is by its plain terms an indemnity provision."). See In Re Jacom Computer Servs., Inc., 280 B.R. 570, 572 (Bkrtcy. S.D.N.Y. 2002) ("Reimbursement by definition includes indemnification, and indemnification naturally includes recovery of attorneys' fees.").
The Second Circuit has addressed the issue of when a separate suit may be brought for indemnification of fees and costs subsequent to the initial dispute, although the case was associated with an earlier arbitration proceeding and not a federal action. Nevertheless, the court agreed with the general proposition that the indemnification claims were not based upon the same transaction as the earlier breach of contract claims because the indemnification claims arose out of the entry of the award and the costs and expenses of the previous proceedings. Pike v. Freeman, 266 F.3d 78, 92 (2d Cir. 2001). Thus, although the present case was brought after another federal action as opposed to an arbitration proceeding, the reasoning of Pike applies here; namely, Lexico's previous breach of contract claims were based upon the parties' conduct prior to the institution of the First Action, and Cumberland's claims for reimbursement did not arise until its rights were established and enforced with the outcome of the jury's verdict.
Lexico argues that Cumberland could have brought its claims in the prior proceedings, presumably as counterclaims in both the First and Second Actions, even if the certainty and amount of any award under the reimbursement provision and Guaranty agreement was hypothetical. The Court agrees that Cumberland may have done so. It is clear from the plain language of the Lease that Cumberland was aware of its rights to reimbursement and knew of its potential claim in this regard. However, the fact that this possibility existed is subject to the real probability that the court may have found it to be premature to raise such a counterclaim. See 4Kids Entm't, Inc. v. Upper Deck Co., 797 F. Supp. 2d 236, 249-250 (S.D.N.Y. 2011) (Plaintiffs' request for attorneys' fees relating to the Huntik Term Sheet is denied as premature, since the issues relating to their claim for breach of contract are not yet fully adjudicated.").
Moreover, the crucial distinction is that Cumberland was not mandated to bring a counterclaim, for "we have uncovered no authority requiring a party to obtain a conditional judgment for the purpose of avoiding the preclusive effect of res judicata." Bank of India v. Trendi Sportswear, Inc., 239 F.3d 428, 440 (2d Cir. 2000). "The question is not whether the applicable procedural rules permitted assertion of the claim in the first proceeding; rather, the question is whether the claim was sufficiently related to the claims that were asserted in the first proceeding that it should have been asserted in that proceeding." Pike, 266 F.3d at 91.
No one disputes that Cumberland could have made this claim sooner, and perhaps as a permissive counterclaim. However, the Court finds that the claims asserted in the present action were not compulsory counterclaims in the previous actions, so that they may now be asserted. See Port v. Stockton v. Western Bulk Carrier KS, 371 F.3d 1119, 1120 (9th Cir. 2004) ("Each party has assumed that some form of initial pleading-either a complaint or a counterclaim-is the appropriate manner by which the Port should seek its costs. Yet, such is not generally the case in our federal system."). There is no authority "to support [the] theory that every pre-existing contractual right relating, however tangentially, to a lawsuit is somehow "waived" under Rule 13 unless the right is asserted in the lawsuit. Breton, 2011 WL 3678148, at *17.
Therefore, the Court finds that Cumberland is not now precluded under Rule 13 from bringing an action for reimbursement after a previous action on the primary liability has been taken to judgment.
E.As to Whether Attorney's Fees and Costs Should Have Been Requested Pursuant to Rule 54(d)
Lexico also asserts that Cumberland should not be permitted to pursue this action for reimbursement of fees and costs under the Lease agreement because it was required to move for attorney's fees and court costs within 14 days of the initial judgment, pursuant to Federal Rule of Civil Procedure 54(d)(2)(B)(i) ("Rule 54(d)"). "Rule 54 governs a case where attorneys' fees are ancillary relief for which a party must make a [post-judgment] motion to the court in order to recover." Hanley v. Herrill Bowling Corp., No. 94 Civ. 4611, 1996 WL 79324, at *2 (S.D.N.Y. Feb. 23, 1996). However, "[c]laims for attorneys' fees . . . [may] be made by motion unless the substantive law governing the action [i.e. contract law] provides for the recovery of such fees as an element of damages to be proved at trial." Jones v. UNUM Life Ins. Co., 223 F.3d 130, 137 (2d Cir. 2000) (emphasis added); Port of Stockton, 371 F.3d at 1121 ("So unless this case falls under Rule 54's 'substantive law' exception, the Port need not, nor should it, have filed a counterclaim or a complaint at all."). Thus, Paragraph (2) of Rule 54(d) "does not . . . apply to fees recoverable as an element of damages, as when sought under the terms of a contract . . ." Notes of Advisory Committee on Rules, 1993 Amendment, Fed. R. Civ. P. 54(d)(2)(A).
If Cumberland had moved in the First Action for a counterclaim in order to recover its attorney's fees and costs, there is no doubt that Rule 54(d) would not be applicable. See Town of Poughkeepsie v. Epsie, 221 Fed App'x 61, 62 (2d Cir. 2007) ("The plain text of Rule 54(d) and the Advisory Committee Notes to the 1993 Amendments clearly indicate that the recovery of attorney's fees that must be submitted to the jury as an element of damages in a counterclaim cannot be awarded merely on the basis of the adjudication of a [Rule 54(d)] post-judgment motion."). The Court's finding that Cumberland was not required to bring a compulsory counterclaim in the First Action, but may instead choose to bring a separate action to recover its fees, does not alter the conclusion that Rule 54(d) is inapplicable. In either situation, Cumberland's recovery of attorney's fees and costs would be contractual and thus can only be recovered as an element of damages to be proved at trial, whether in the First Action or in the present suit.
Therefore, Rule 54(d) is not applicable and is not a basis upon which to deny the Plaintiff's motion for summary judgment. See Town of Poughkeepsie, 221 Fed App'x at 62 ("Because the district court properly identified that the Espies' only ground for the recovery of attorney's fees was contractual, it was not error to deny this application as inconsistent with the provisions of Rule 54(d), and accordingly the district court's decision not to award fees was not an abuse of discretion."); Hanley, 1996 WL 79324, at *2 ("Thus, attorneys' fees were recoverable pursuant to "the terms of a contract" to which Rule 54 (d)(2)(B) does not apply.").
The Defendants cite to Port of Stockton, 371 F.3d at 1121, in which the Ninth Circuit found that under California law, Rule 54's exception did not apply to the contractual attorney's fees provision at issue. However, the Court explained that under California law, contractual attorneys' fees shall be fixed by the court, and thus are an element of the costs of the suit and not an element of damages to be proved at trial. In contrast, under New York law, contractual attorneys' fees are ordinarily recoverable as an element of damages. See Camatron Sewing Mach., Inc. v. F.M. Ring Assocs., Inc., 179 A.D.3d 165, 169, 582 N.Y.S.2d 396 (1st Dep't 1992) ("Absent some contractual or statutory right thereto, attorneys' fees and litigation costs are not ordinarily recoverable as an element of damages."); Rosano's Farm Store, Inc. v. Intl. Collection Serv., Inc., 115 A.D.2d 195, 495 N.Y.S.2d 264 (3rd Dep't 1985) ("Absent an express contractual obligation or specific statutory authority, counsel fees are not a recoverable item of damages."). "[F]or a party to recover attorneys' fees as an element of damages, the contract must evidence an 'unmistakably clear' intent for those fees to constitute damages in the event of breach." Sidley Holding Corp. v. Ruderman, No. 08 Civ. 2513, 2009 WL 6047187, at *16 (S.D.N.Y. Dec. 30, 2009) (quoting Bridgestone/Firestone, Inc. v. Recovery Credit Servs., Inc., 98 F.3d 13, 20-21 (2d Cir. 1996)); see Hooper Assocs. v. AGS Computers, Inc., 74 N.Y.2d 487, 492, 549 N.Y.S.2d 365, 548 N.E.2d 903 (1989). In this case, the contract provides for reimbursement of all reasonable costs (including all attorneys' fees) to enforce contractual rights and thus, demonstrates such an unmistakably clear intent.
Accordingly, the Court will not deny the Plaintiff's claim for reimbursement on the ground that it should have been brought as a Rule 54(d) motion, and thus summary judgment for the Plaintiff is appropriately granted.
F.As to the Amount of Fees
Cumberland has not provided this Court with any material with which to calculate the amount of fees it alleges it is owed pursuant to the Lease and Guaranty agreements. Both the amount of fees and costs due under the Lease and the amount of fees and costs owed under the Guaranty are issues that are properly determined separate and apart from issues of liability. See Gen. Trading Co. v. A & D Food Corp., 292 A.D .2d 266, 267, 738 N.Y.S.2d 845, 846 (1st Dep't 2002) ("Whether defendants are liable upon their guarantee is an issue which may be resolved apart from and in advance of any determination as to whether the sale of the collateral was conducted in commercially reasonable fashion."). As such, the Plaintiff is directed to provide the Court with such information within ten days of the date of this Memorandum of Decision and Order. The Defendant will then have ten days in which to object to the Plaintiff's calculation of fees and costs, if it wishes to do so.
However, the Court notes that Cumberland will only be entitled to fees incurred as a result of defending the First Action and the Second Action. The Plaintiff is not entitled to any fees incurred as a result of bringing the current action. As explained above, the Court finds that Cumberland did have the opportunity to bring such a claim as a counterclaim in the other two actions. Therefore, Cumberland should not be entitled to additional costs in bringing the present suit as it chose to proceed in this manner.
For the foregoing reasons, it is hereby
ORDERED that the Plaintiff's motion for summary judgment is granted; and it is further
ORDERED that the Plaintiff is directed to provide the Court with a calculation of its requested fees and costs within ten days of the date of this Memorandum of Decision and Order. Thereafter, the Defendant will have ten days in which to object to the Plaintiff's calculation.
ARTHUR D. SPATT United States District Judge
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Doctor insights on:
Can A Girl Get Pregnant If You Pull Out
His penic is small can he pregnat his girl ? Is the problem to get his girl pregenet ?
Yes: The size of a man's penis does not affect whether he can get a girl pregnant. The penis only has to insert ever so slightly into the vagina in order to deposit sperm. ...Read more
Pregnancy (Definition)
If you're pregnant or planning to get pregnant, there are many things you can do to give your baby a healthy start: Regular prenatal visits along with laboratory testing, ultrasounds, prenatal vitamins and immunizations (like the flu shot and whopping cough booster). Now's the time to eat healthy, stay hydrated, and ...Read more
What grade does a girl hafe to be to get pregnent?
Varies.: Grade does'nt matter. Physical maturity does. An age as young as 10 or 11 can get pregnant. Don't be foolish. ...Read more
Some girl today said that you can be pregnat and not know it cause you get your regular periods monthly, is this even possible?
No: A woman cannot get her regular monthly period if she is pregnant. That means if a girl has her regular monthly period, then she is not pregnant at that time. ...Read more
If a guy rubbed his penis with a vegina of girl and ejaculate far away frm the vegina after this girl washed the her vegina, so she will get pregnent?
It's possible: Washing the vagina after intercourse might make a difference, but no guarantee. You are obviously very concerned about this since you have posted the question several times. If your ejaculated entered the vagina or was on the external vaginal lips, pregnancy is a possibility. The farther away the ejaculate was, the smaller the possibility. Use a pregnancy test or wait and see. Good luck. ...Read moreSee 1 more doctor answer
Is it possible to get a girl pregnate if she is completely naked and im only in boxers and some penetration with underwear happen can pre-cum pregnate?
Sperm: it takes but one sperm to fertilize an egg. There are plenty of sperm in the pre-ejaculatory se creations of the penis. Therefore, if the sperm got in the vagina you could get pregnant. In simple terms: penis + vagina - birth control = pregnancy. ...Read more
After the 5 year implant is on will pre cum get a girl pregnat?
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Need doctor's help! will infected or watering sperm get a girl pregenant?
Spermatogenesis: Any sperm that can get in the genital tract of a female can get her pregnant under the right conditions. ...Read more
Hi i finger my girl. 3 weeks ago i remember clearly my hand was dry when i finger her . She is late for hwr mense . I am scare she might get pregent?
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Pregnant (Definition)
PREGNANT is ...Read more
- Talk to a doctor live online for free
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Semantics, Pragmatics and Discourse Analysis as Relatated Fields of Study
Introduction Semantics, Pragmatics and Discourse Analysis are related aspects of semiotic studies. They all aim at establishing meaning of statements communicated through language; this means that they are properties...
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Challenges Encountered by Learners of English as a Second Language
ESL learners always face a lot of difficulty. The reasons for this difficulty include unqualified teachers, a lack of learning, poor learning environments, etc.


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Bus was an hour and a half late because of traffic. Staff were courteous.
From Pondicherry to kodaikanal- The entire journey was good. But somehow I feel reluctant to express my journey from Kodaikanal to Pondy. But otherwise it was good.
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Reporting time was said 10.45 and bus will arraive at 11pm. but instead the bus came by 11.40 and they started by 12am.


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Yuri Bashmet
Born Jan. 24, 1953 in Rostov (Russia).
Born Jan. 24, 1953 in Rostov (Russia).
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July 31, 2013, 5 p.m.
July 31, 2013, 5 p.m.
Page 1/2


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Manage and coordinate ongoing supply chain transformation & process improvements
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Tank McNamara by Bill Hinds
- May 01, 2010
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And you can hear Arte Moreno (owner of the Angels) laughing all the way from Anaheim….
"Pre-nups are so constricting, honey, You know I'll always love you." - The first words out of her mouth and the last ones to believe.
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Daily Mail reports:
An Alabama man who murdered his daughter's sexual abuser has been sentenced to 40 years in prison.
Jay Maynor, 43, pleaded guilty to shooting and killing 59-year-old Raymond Earl Brooks in June 2014 during a court hearing in Cullman County on Monday.
He took a plea deal in the slaying so his daughter Julia, who Brooks molested from the age of four, wouldn't have to testify during a trial.
Julia, now a 24-year-old mother of three, was sexually abused several times from when she was a toddler until she was nine.
Brooks, her adopted maternal grandfather, pleaded guilty in 2002 to the crimes and served 27 months of a five-year sentence. He also paid restitution.
Ten years after he was freed, Maynor exacted his revenge and gunned Brooks down.
Brooks adopted Julia's mother at birth, and the woman knew him as her father until she was 21, five years after Julia was born.
The shooting, Ms Maynor said, was prompted by something she said to her father about the abuse.
On the way to Brooks' home, Maynor also fired his gun into a convenience store when he spotted a man who had been dating his stepdaughter and allegedly abused her.
The man was able to hide and was unharmed. Ms Maynor's father was sentenced to 20 years for attempted murder in that particular shooting.
She waived her right to anonymity as a victim of sex crimes following her father's sentencing.
She told Al.com that her father accepted the sentence so she was spared from having to testify at trial and relive the sexual abuse.
'My father was protecting me, like a father should do. He is an amazing father – actually the best. He loves us so much,' she said.
'I've tried counseling and that didn't work and it's still here today. I relive it every day. I struggle to get out of bed in the morning,' she said.
She claims the sentence handed down to her father is unfair.
'(Brooks) took my innocence away and only served like 18 months, and now I suffer daily from what Raymond did to me,' she said.
In a separate interview with WVTM13, she said she only vaguely remembers the abuse, but it still has a devastating impact to this day.
'I can still remember his smell, which is awful to me.
'I overcame my PTSD, but now I have had to relive it all over again.
'Me and my husband are now going through a divorce because of it. I have completely pushed him out of my life.
'I am back in the same mindstate that it is wrong, even though we are married and have three kids, it's wrong.
'I keep making him miserable with my miserable life.'


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I received my first Ham radio license when I was about 10 years old; the old-timers in the room thought it was pretty amusing to see a kid coming in to take the tests.
I guess I wasn't your ordinary ten-year-old kid, even back then I was into survival. I would order Cabelas' catalogs and fishing magazines, making sure to circle all the gear that I needed to make my great get away into the wild!
While I never trekked off into the wilderness, well, not at that age, HAM radio allowed me to take all sorts of wild adventures around the world. I stayed up until the wee hours of the night, using my Grandfather's radios to talk to, and listen to people from around the globe. It was amazing to be able to pick up the mic and talk to someone on the other side of the world.
When it comes to Survival Communications, HAM Radio is the way to go. It has a number of advantages over CB, GMRS, FRS, and other radios.
Why Become a HAM?
To begin with, the knowledge that you will gain as a licensed ham radio operator will allow you to listen to, and communicate with people throughout the world. With little power, and a minimal amount of equipment, you will be able to communicate with other Hams – even when cell towers and other forms of communication have failed.
In an emergency situation, you will be able to stay informed on what's going on locally, nationally, and worldwide. Even in today's modern age of high-tech gadgets, cell phones, and email, when the grid goes down it's often HAM Radio operators who provide emergency communications until things return to normal.
During almost every major disaster, local officials rely heavily on Hams to coordinate rescues and organize search and rescue missions throughout the affected areas. Their ability to communicate when the grid goes down is one of the major reasons I advise our readers to look into Ham Radio.
Requirements to become a Ham Radio Operator:
Unlike when I got my license, The FCC's new licensing requirements have been simplified and now only require you to pass a single 35-question written exam; no Morse code required (although I do advise you learn it, as it has a number of advantages in an emergency situation).
- Emergency Communication when Things Go Bad
- Ham Radio for Dummies
- The ARRL Antenna Book: The Ultimate Reference for Amateur Radio Antennas
- The ARRL Ham Radio License Manual
- Morse Code Teacher
27 Comments on Ham Radio – Emergency Communications
I don't know much about the system. How much money will I need to invest to get started?
You can get some pretty decent used mobile gear for around $300.
What would be a good HF rig (I've got a Siltronix 1011D I'm refurbishing). I've got a 2 meter rig on the way, but I think that HF would be better for survival.
I'm not encouraging cheating, but there are practice tests online that are almost word for word of that on the actual test. There are about 100 regular questions that they pick the 35 for the test. If you find several practice tests you could have all the possible questions covered.
@Jim, it's not considered cheating. They post the pool of questions used on each test on various websites and in books. For example there is a pool of 394 questions. Only 35 of these questions will be on a test. It makes it very, very easy to get your license these days!
Im not going to worry about a license. I bought a hamm transceiver and listen all the time but when the SHTF, I will be using it to find other survivors and set up plans, etc.
Yaesu FT-817ND is perfect for backpacking HF/VHF work. While it only puts out 5 watts, it can by just about any 12 volt power source you can come up with. Add on a PackerAmp for it and you can be putting out enough power to work the world. Imagine a small 12v gelcell charged with a small solar panel in your backpack.
Want digital modes? Pick up a used IPaq on Ebay and load up PocketDigi on it. You'll be on PSK31 in no time at all.
What do you think about finding an old HAM radio that runs on vacuum tubes in the event of an EMP strike? I know it is far-fetched and unlikely, but hey, this is a survival site rite? Do they even still make them?
for how much they cost and how easy to operate, there is no excuse to at least have a ham radio stored away somewhere
Regarding an old ham radio that runs on vacuum tubes. Good idea, but good luck finding new tubes. They don't make new tubes anymore so you have to make sure you find some that someone just stored in a garage or closet.
I would just recommend you find a good inexpensive modern radio, and just don't turn it on. Just keep it stored in a closet or basement. Well honestly I wouldn't worry about storing it….use the darn thing.
Not true…
Actually, vacuum tubes are easy to come by. They are still manufactured in russia and other places and you can easily find surplus tubes on ebay. Just have a few spares but remember that unlike most modern junk, tubes can last 50-60 years before replacement. And, unlike modern radio sets, vintage gear can actually be repaired by almost anyone. Try finding someone to repair a modern radio or even find parts for it after a major societal breakdown. Good luck.
Also, tube gear is almost impervious to EMP.
As for cost, you can find decent vintage hf gear for under 300.
Find a nice Heathkit and you will have access to abundent manuals and repair documents that are understandable by anyone.
You can find a 6 meter transceiver for under a hundred sometimes but the band can be flaky. Not a horible way to start out though, and you'll learn a lot.
Actually in the event of an EMP attack depending on your distance from the center and fallout area(not correct term but because of Earth's gravitational field the effect would be not a pure cone from center but extend more eliptical south(or north if living in southern hemisphere) of the center) even things turned off could still react to an EMP without proper shielding. Transformers which as far as I know are a required part for any type of radio equipment could pick up off the electromagnetic radiation. Thats the biggest reason why EMP attacks are so deadly all those gray cylinders hanging on the poles all across town near your houses are transformers imagine all those burning out, some catching on fire even, and the time it would take to replace every effected transformer to restore power after the SHTF. As for proper shielding because we don't know enough it will mostly be luck, look up faraday cages and go from there though.
Faraday Cage the easy way.
I bought a new 20 gal metal trash can.
I wrapped the inside of the can and the lid with cardboard so the contents would not contact the outside of the can. That would be bad.
I dropped in all my electronic gear and installed the lid.
The EMP comes in three waves but it is too fast to walk over and stop once created.
My cost was the can, $25. the cardboard, free, some tape, ? and my time.
where can I can a license for a ham radio?
Mieves, and everyone else interested, Look up via google "ham radio club" and your closest major city name, also try Amateur radio club, amateur radio repeater, repeater club, and so forth as well as ARRL and you will find local radio clubs that sponsor the testing in your area.
I hope, by now, you have your amateur radio license.
Finding a local club is easy at http://www.arrl.org and click the clubs tab. http://www.arrl.org/find-a-club lets you search near your zip code.
Many clubs offer classes and provide the test session you will need afterward.
I hope this helps.
You can get a good used radio on e-bay, but you need to read the info they post with it. lots of radios are for parts only.
What a coincidence it is to see this post today. I talked about ham radio and other radio communications on my DestinySurvival Radio show Thursday afternoon. Here's a link to my post about it today, which includes some links to other resources. While I'm a ham myself, I'm not a purist, so have a slightly different take on things.
So, if all hell breaks loose and the grid breaks down, why do you even need a license?
It's simple Gloria,
You don't need a license to operate ANY radio (ham, police, commercial, ect.) in an emergency. To get a license you must learn the basics of how to operate your radio. After getting your license you can get actual experience communicating with others. You learn which frequency bands are open during different atmospheric conditions. It's a lot better to acquire these skills in the comfort of your own home than to try to use your radio in an emergency only to find you don't know how to tone a repeater, or program a DTMF sequence to get a phone patch to 911, or even know what frequencies others will be on. It's not rocket science, but it isn't as simple as using a phone.
The type of radios most people are familiar with such as police, fire, aircraft, marine VHF, CB and FRS/GMRS are very simple to operate. You control the volume, squelch and channel. They are designed for simplicity, not versatility. Most ham radios are just the opposite.
If you want more than 50mi-75mi RELIABLE range, you need a High Frequency Single SideBand (HF/SSB) radio. These call for more skill than the VHF/UHF FM.
The FCC amateur radio operators license is the most practical route to learning how to use the single most valuable emergency commo system in the world.
PLEASE don't forget the antennas! No matter how much you spend on a radio, with a junk antenna you won't be hearing or talking to anyone! BUT a so so radio and a great antenna and you will be in MUCH better shape. I bought an antenna for a radio from DR-DIPOLE.COM (inexpensive and portable) and took it to our camper to try. Down in between hills! It worked GREAT! They are about 1 lb and really easy to use and put up and take down! Worth a look. But whatever antenna you decide to use, make sure it is a good one! Verticals will get you more local traffic while horizontals gets much more distance. Good luck!
Hello, I am looking for a good Ham Radio that is High frequency that runs on batteries with an alternate power source being car lighter or plug in. I am looking to get one that will operate great in a mountainous environment. I will be purchasing a 10″ copper coiled portable Antenna along with it.
Is it possible to create a ham radio setup that is private, so that we can communicate just among our family members if we so wish? If "yes", then could you point me in the direction of how to do it? Thanks!
Is it possible to create a ham radio setup that is private, so that we can communicate just among our family members ( 3 persons) if we so wish? If "yes", then could you point me in the direction of how to do it? Thanks!
The FCC rules and regulations specifically prohibit private, scrambled or ciphered communications on the Amateur radio bands.
I've realized I need info about Hamm radios for emergency preparedness
I'm looking to get my father in law a used cb/ham radio so he can talk to his friends and family in Portugal. He currently lives in Massachusetts. Is this even possible?! Thanks.


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Halfords Advanced All Seasons Car Cover Extra Large
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United States District Court, E.D. New York
September 18, 2014
U.S. COMMODITY FUTURES TRADING COMMISSION, Plaintiff,v.VINCENT PATRICK McCRUDDEN, MANAGED ACCOUNTS ASSET MANAGEMENT, LLC, and ALNBRI MANAGEMENT, LLC, Defendants.
DENIS R. HURLEY, District Judge.
By Letter dated May 1, 2013 Vincent Patrick McCrudden ("McCrudden") "demand[s]" that a court order be issued "dismiss[ing plaintiff's current in-house counsel James] Holland [Kevin] Webb from this case." (Def.'s May 1, 2013 Letter at 1.) The basis for that application is that he has named those two lawyers as defendants in an action he has commenced against the Plaintiff U.S. Commodity Futures Trading Commission ("Commission") and has advised the Commission and the Court that "because the CFTC is in the continuing process of violations of anti-trust Jaws, any replacement lawyer employed with the CFTC will be named in the lawsuit as a continuation of their policy." (Id. at 1-2.) The latter part of this statement seems to imply that McCrudden would request a dismissal of each and every lawyer from the Commission appearing in this lawsuit, which would effectively result in the disqualification of the entire office from this case.
McCrudden's request for dismissal of Holl and Webb is denied. A defendant cannot simply seek to dismiss an attorney by naming them as a defendant in a separate lawsuit. See United States v. Ramirez, 2004 WL 203034, at *2 (S.D.N.Y. Feb. 2, 2004) (denying defendant's request to disqualify attorney where defendant sought "recusal as a remedy for a conflict' he himself created"). Moreover, the Court notes that the "extreme remedy of disqualification of an entire [office] requires, at minimum, some showing of bad faith, misconduct, or actual prejudice, " none of which has been shown here. Ramirez, 2004 WL 203034, at *3.
Additionally before the Court is Defendant's request for a jury trial by letter dated July 23, 2013. Given that in a letter dated August 15, 2013, the Commission stated that it "has no objection to a jury trial, " McCrudden's request is granted.
Counsel for the CFTC is directed to serve a copy of this Memorandum & Order by United States Mail upon prose Defendant McCrudden forthwith and to file proof of service on ECF.
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AIDS and Behavior
AIDS and Behavior provides an international venue for the scientific exchange of research and scholarly work on the contributing factors, prevention, consequences, social impact, and response to HIV/AIDS. The journal publishes original peer-reviewed papers addressing all areas of AIDS behavioral research including: individual, contextual, social, economic and geographic factors that facilitate HIV transmission; interventions aimed to reduce HIV transmission risks at all levels and in all contexts; mental health aspects of HIV/AIDS; medical and behavioral consequences of HIV infection - including health-related quality of life, coping, treatment and treatment adherence; and the impact of HIV infection on adults children, families, communities and societies. The journal publishes original research articles, brief research reports, and critical literature reviews.
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