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Weaselmania — catch it!
Any regular First Arkansas News reader knows that we've been working hard on a new series over the past few weeks.
That series — a collection of Lum and Abner comic strips — launched in full over the weekend and we will post a new strip every Sunday. Yes, putting together such a project takes a lot of work but it's all worth it if our readers enjoy the result of all that labor. If you haven't taken a look at that series yet, simply click the "Lum and Abner" link in the black bar at the top of this page (or just click here to access the page) and you'll get to see the result of a lot of hours of hard work. Enjoy it and tell your friends.
Now that the Lum and Abner project has launched, it's time to relax a bit, right?
Nope. We're not resting for a second. In fact, we've got another series under production as we speak — a bit of modern audio theater called The Super Weasel Lawyer Team. It's only natural that First Arkansas News would get involved in a project like that — we spend a lot of time posting old time radio shows, writing about them and helping develop a comic strip about Lum and Abner, so why not produce a show of our own?
And that, folks, is exactly what The Super Weasel Lawyer Team is — a program in the old time radio format (more or less) that will be posted regularly here and distributed on iTunes. What is The Super Weasel Lawyer Team? A show about a bunch of scheming lawyers who spend the typical episode plotting in their offices in the Strip Mall of Justice. Funny stuff? We hope so.
The first episode is complete and we'll post that in a couple of weeks. First Arkansas News owner Ethan C. Nobles came up with the concept for the series, edits the audio for the individual programs and wrote and recorded the music for the project. Edwin Smith — a contributor here at First Arkansas News — developed the characters and has provided the scripts and stories for the first three episodes. A bunch of enthusiastic actors from the Royal Theater in Benton, Ark., have signed on as voice actors for the series.
We plan to post the first two episodes in the series on July 2 and then add programs on a regular basis after that date. Expect us to hype up the series between now and July 2 in hopes of fanning the flames of the Weaselmania we're sure will grip the nation once the series is in full swing.
Stay tuned…
Benton resident. Rogue journalist. Recovering attorney. Email = email@example.com.


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Designed for woven fabrics. Suggested Fabrics: Cotton, cotton types, denim, nylon, twill, velveteen, decorator fabrics.Harness lining also in fleece and flannel. Harness, for small animals in five sizes, is lined, has Velcro® closure at neck and chest, and contrast tab with attached D-ring. Pet bed in three sizes has bottom with fleece inner layer, removable center pillow, and stuffed sides with fiberfill. Leash has swivel hook on one end and loop handle at other end. Pet carrier is made of two different fabrics, has darts on bottom, straps that tie at shoulder and hook on inside. Bag is interlined with fleece. Click here for pattern back.
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Once upon a time Bangalore was regarded as Garden City of India due to its greenery and trees across all the city but over the years urbanization and fast pace growth has resulted in cutting of many trees and now image of Bangalore is changing from Garden City to Silicon City. In association with "Tree for Free" we will be planting tree saplings on Saturday 27th at 10 am on the roads of 3rd block, Koramangala.
We require volunteers to join hands to make our Bangalore greener place to live.


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About "The Infinite Doodle" by EricaTheRed
The Infinite Doodle
Design by EricaTheRed
For 2010, I would love to see more simple, concept-driven designs printed at Threadless.
Shown on Cream and Dark Grey. Click HERE for a bigger view of the design on Dark Grey.
Thanks to all who helped critique this one on the blogs. Special thanks to jillustration for the title!
awesome work! 5$
awesome work! 5$
awesome work! 5$
really cool idea and execution :-)
Really nice $tuff!
You have one of my favorite brains. $4
Nice design, really love what you have done! Congrats!
Nice and simple. Great job Erica!
very very good!
yes! really nice!
Love the idea!!!!!....
This is great
nice ;D
Looks great on the T!
really cool!
Your first print.
excellent! loving the concept, the simplicity and the colours. Looks greeat on the T. $5
I think rodrigobhz is onto something.
Wow! looks awesome!
Love when simple designs really work!
For 2010, I would love to see more simple, concept-driven designs printed at Threadless.
Agreed! $5 for shirt andprint!
Also, I like both shirt color options in their own way. Maybe print a two-pack..?
Yay you used my title! This looks so great, I would totally buy this in a heartbeat. $5.
coolness. on black for me.
thanks for the support, everyone!
I think it's really lovely and beautifully simplistic! :)
greatness all the way!!
really nice
I absolutely love this
Me too!! $$5
So so pretty.
very nice design!!!
Looks great on the tee! :)
super good! 5$
so awesome! 5$$$
This is really great. Nice work!
This is so cool! I hope it prints.
Really like the simplicity of it! 5$$
3 more days!
Great colors!!!
very nice
So good. I hope it prints!
a great image.
nice one!!!
So glorious, you improved this in tiny but important ways in your process blog.....just a wonderful image on a tee.
Woah this is brilliant!
2 more days! thanks so much for all the comments!
love love love!
concept, execution and perception...all shouting: "PRINT THIS!"
thats a print
Sweet! $5
very nice
Awesome design!
I love this!
Really like this on the dark grey
rodrigobhz on Jan 21 '10
Your first print.
Oh, and bump, bytheway.
This I love! Great job!
woohoo, 100 comments! thanks all!
wow, nice score
Not as high as I thought it would get/what it deserved, but still TOTALLY printable.
Congrats on the score!!!
thanks :)
sweet sweet score!
great score!
I love this, missed the scoring. :(
thanks :)
this will print! i have faith in it!
So you are the one who did this!! I will buy a print of it at society6 once I will finish some work in my home. Love it! Hope it will come as a tee one day.


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Matt Lucas Lands Glee Role
June 8, 2010 by Emily Moulder
Filed under - Home, News
Funnyman Matt Lucas has apparently landed a role in hit US show and OTB favourite Glee.
According to the Sun, Lucas will play a 'muddled Brit teacher with a secret love for musicals' when the show returns for its second season and it looks like he might get a song too.
Coming off of the success of Alice In Wonderland in which he played dual roles as Tweedle Dum and Tweedle Dee, Lucas looks set for Stateside stardom.
There are rumours of a lot of tension on the set of Glee with the stars claiming that they're over worked, is Lucas walking into a hornet's nest?


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Note: Sample below may appear distorted but all corresponding word document files contain proper formattingExcerpt from Term Paper:
Alzheimer's disease has developed into a major health concern for the elderly population throughout the world. This degenerative brain disorder was first described by Alois Alzheimer in 1907. Today Alzheimer's is one of the most prevalent forms of brain disorders contributing to as much as 50 to 70% of all reported cases of dementia. Over the years the study of early onset Alzheimer's disease (pre-senile AD) has kind of overshadowed the study of late onset Alzheimer in elderly group. However the disease statistics indicate an increasing susceptibility of the older population. Approximately 5% of the population above 65 years of age and around 20% of the people above 85 years of age are affected by Alzheimer's disease. Hence what was previously ignored as an inevitable old age symptom (senile dementia) is now being properly recognized as an illness. This new perspective of AD has resulted in a drastically altered understanding and new approach towards diagnosis and treatment. Let us study the disease in a little detail by analyzing the symptoms and the etiology along with the diagnostic approaches and the currently available treatment methods. In the process we will also briefly discuss some other common forms of dementia and how AD can be differentiated from them.
The Alzheimer's Disease
Alzheimer's is a progressive, degenerative, and irreversible brain disease that stifles the normal cognitive and functional abilities of the affected person. There is a gradual deterioration of the mental faculties, which may ultimately lead to total dysfunction of the brain resulting in the death of the patient. In general the progress of the disease is very slow and steady and this presents considerable difficulty in early identification of the disease. However in some patients there is a sudden and rapid decline in brain function leading to death in a few years. Since the human brain is very adaptive the onset of Alzheimer's disease may not be obvious and it is only when as much as 80% of the brain cells are damaged symptoms are conspicuous. [Bennett, 63]
The main cause for the disease is the destruction of the brain cells particularly in the cortex region. In the first stage of the disease the region in the cerebral cortex that is associated with memory is affected. Then as the disease progresses other regions in the cerebral cortex also undergo progressive deterioration leading to total impairment of functional and cognitive abilities. Though as in any other form of dementia syndrome memory loss is one of the chief and noticeable problems the effect of the disease extends to much more than memory loss and in most of the cases there is a total crippling of the brain functions thereby affecting the individuals ability to relate and respond appropriately to the outside world.
Symptoms of Alzheimer's Disease
As discussed above Alzheimer's disease is characterized by a wide variety of symptoms from memory loss or amnesia, language difficulties, Dyspraxia or difficulties in performing complex tasks to depression and other kinds of psychotic symptoms. It has to be understood that a careful study of the symptoms followed by detailed tests and diagnosis is essential to identify Alzheimer's disease as most of the other kinds of dementia share the same kind of symptoms. This inter-relatedness of the symptoms makes it more difficult to specifically identify the nature of the dementia. Let us discuss each of these in a little detail.
Memory loss (amnesia) is one of the most noticeable and manifest symptom which is fairly common in all forms of dementia. It is observed that amnesia is more pronounced for the latest or the recent events and in many cases the person is able to recollect events that happened long back. This selective loss of memory is attributed to the impairment in storage mechanism of the brain. The most common signs of memory loss include the person's inability to recollect names, making lists even for trivial and routine tasks, repeated phone calls to relatives. The level of memory loss is acute in the later stages of the disease and the patient starts to forget faces and fails to identify his family.
Lovestone, 11]
Language Disorder
This is another predominant trait in Alzheimer's disease. Typically patients have difficulty in finding words and in naming objects. Nominal dysphasia, as the problem is identified is caused by the lesions in the left posterior temporoparietal region of the brain. There is a general loss of expressive ability along with the onset of receptive difficulties. These symptoms can be easily confirmed by subjecting the patient to standard tests such as Mini Mental State Examination (MMSE). [Lovestone, 13]
Dyspraxia refers to the difficulties associated with performing complex tasks. Dyspraxia due to Alzheimer's disease is associated with the poor transmission of the messages from the brain to the various organs of the body. Dressing Dyspraxia and 'Ideomotor Dyspraxia' are more pronounced with the patient being unable to dress himself properly and even finding difficulties with the daily grooming activities.
Agnosia and Prosopagnosia
The ability to recognize objects and faces is seriously affected in patents suffering from Alzheimer's disease. In many cases the patients exhibit difficulty in recognizing their own image leading to a medical condition known as autoprosopagnosia. There is also a distinct manifestation of topographical disorientation with the patient being unable to understand the environment. Because of topographical disorientation patients may find difficulty in driving as the disease advances. [Lovestone, 15]
Depression and other Psychotic Symptoms
Depression is a fairly common problem associated with Alzheimer's disease. Physicians have to be careful in their treatment of depression symptoms associated with AD because many of the anti-depressant medications exhibit anticholinergic activity. Incidentally this directly interferes with the cholinergic therapy which is one of the main treatment methods in Alzheimer's Disease. Furthermore there is a marked manifestation of non-cognitive disorders. Frequent mood swings, visual and auditory hallucinations are reported in 50% of all AD patients. Incontinence is another diagnostic symptom, which is fairly common to many other forms of dementia including AD.
As we discussed earlier Alzheimer's disease does not reveal itself until such time when the disease is moderately advanced. However it is important to have an early diagnosis of the problem to be proactive in treatment and to minimize the severity of the symptoms. Today with the availability of drugs to treat the problem early diagnosis presents us with an opportunity to significantly improve the situation for the patient and to provide effective treatment. Detecting cognitive impairment is the first step in the diagnosis of the disease. But the main difficulty lies in the fact that the general practitioner may not detect AD and even if detected may not correctly attribute it to Alzheimer's disease. Typically a person with AD will have memory loss and a general decline in activity. Once the clinician suspects AD the next step in the diagnostic process is to subject the patient to a cognitive screening test.
Screening Tests for Cognitive Impairment
Detecting loss of cognitive ability is easily done using a pretty simple screening test known as the AMTS. The Abbreviated Mental Test Score is a 10-point scale for measuring the cognitive response level of the patient. A score of 8 or below in this scale is clearly indicative of cognitive impairment. A person with good cognitive ability is expected to score a full 10 in the AMTS. Even a one-point deficit indicates a possible cognitive decline due to dementia. Once the clinician has performed the AMTS and identified a cognitive loss the next step in the diagnosis is to ascertain the exact cause for the symptom. In order to clearly trace the disease it is essential to probe for further evidence of cognitive impairment and also to carefully watch the pattern of the disease progress. Gathering information from the immediate family members of the patient will reveal vital information. Then the patient is subjected to another screening test known as the MMSE (Mini Mental State Examination). Usually cases of dementia are characterized by a progressive decline in memory, speech and other personality disorders.
Once the clinician has diagnosed the symptoms of dementia without any apparent systemic cause for the same the next step is to arrive at a disease specific diagnosis using appropriate criteria for the different kinds of dementia. Using MRI (magnetic resonance imaging), CT scan and EEG would reveal the extent of damage of the cerebral cortex. Doctors can be hundred percent sure of the AD only after looking at the tangles and plaques within the brain. As this is only possible in an autopsy all the diagnostic methods that we discussed above cannot guarantee accurate diagnosis. However using neuroimaging experienced radiologists can distinguish between age related structural changes within the brain from the brain shrinkage observed in Alzheimer's disease. Hence brain scans have an important role in the diagnostic methods. [Lovestone, 43]
Positron Emission Topography
This facility is a highly expensive one and presently restricted only to research institutions. The advantage of PET is that it measures the metabolic rate inside the…[continue]
"Alzheimer's Disease Has Developed Into A Major" (2003, June 24) Retrieved December 4, 2016, from http://www.paperdue.com/essay/alzheimer-disease-has-developed-into-a-major-151501
"Alzheimer's Disease Has Developed Into A Major" 24 June 2003. Web.4 December. 2016. <http://www.paperdue.com/essay/alzheimer-disease-has-developed-into-a-major-151501>
"Alzheimer's Disease Has Developed Into A Major", 24 June 2003, Accessed.4 December. 2016, http://www.paperdue.com/essay/alzheimer-disease-has-developed-into-a-major-151501
What is worth noting here is the fact that behavior disturbances, ranging in severity from repeated questioning to physical violence, are common (National Institute of Mental Health, 1989). It is unclear whether Alzheimer's disease represents a single entity or several variants. Some experts believe that there are distinct subtypes of Alzheimer's disease, such as Lewy body disease (in which the signs of Parkinson's disease, visual hallucinations or alterations in alertness
) Researcher believe that when Alzheimer's begins to attack, it hits the "factory" of cell groups that otherwise are functioning perfectly. There are breakdowns in the communications that the cell groups hitherto provided, and although scientists don't know precisely where the attack is first launched by Alzheimer's, but they do understand that "as the damage spreads, cells lose their ability to do their jobs and, eventually die, causing irreversible changes
Alzheimer's Disease Stages of Alzheimer's and Activities for people with Dementia Stages and Symptoms of Alzheimer's Alzheimer's Stage 1: No Cognitive Impairment Alzheimer's Stage 2: Very Mild Cognitive Decline Alzheimer's Stage 3: Mild Cognitive Decline Alzheimer's Stage 4: Moderate Cognitive Decline Alzheimer's Stage 5: Moderately Severe Cognitive Decline Alzheimer's Stage 6: Severe Cognitive Decline Alzheimer's Stage 7: Very Severe Cognitive Decline Activities for people suffering from Dementia The Alzheimer's disease is a progressive, degenerative disease which affects the brain and leads
Alzheimer's disease (AD) is one of the most researched ailments in the world of medicine. This discussion will explore the working hypothesis that caloric restriction may prevent Alzheimer's disease. In addition, the paper will explore the idea that individuals with the ApoE genotype and a higher intake of calories have a higher risk of AD than those who do not carry the apoE4 allele (diet-gene interaction). Let's begin the discussion
Alzheimer's, on the other hand, directly affects brain cells, and if there is uncertainty, patients and their families should certainly ask for a second opinion. The population most likely to suffer from the disease is the elderly, but this is not always the case. Researchers note, "Alzheimer's disease is not part of the normal aging process, although it affects predominantly elderly people. Whereas only 10% of those 65 years of
Alzheimer's (Dementia) Disease Responsible for Congestive Heart Failure? Approximately four million Americans have been diagnosed with Alzheimer's disease. The disease affects nearly one out of ten Americans over the age of 65 and nearly half of those over 85 (Davis, 1997). Of all Alzheimer's patients, about 28% also have congestive heart failure, leading researchers to pursue studies attempting to correlate Alzheimer's disease directly with congestive heart failure. About Alzheimer's Disease Alzheimer's disease
HD is extremely debilitating, and if the patient lives long enough, the symptoms can become extremely severe. It is not uncommon for patients who suffer from the disease to suffer extreme depression and sometimes suicide, so developing medications that could delay or slow the disease are extremely important, and laboratory testing should definitely continue in this area. Laboratory work in the past decades has helped develop a much deeper understanding


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The Alliance of Greater Central Ohio is a men's barbershop chorus which was formed to promote the singing of four-part barbershop harmony and other kinds of a cappella at the highest possible level.
Our rehearsals are always open to guests, where you are greeted with open arms and a binder of music where you can take the risers and sing with a men's International Barbershop Medalist Chorus!
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Vegetable Casserole
Kimberley Stammers
My recipes are always able to be adjusted to taste. More or less cheese or even type of cheeses. Different breads or soups, or even vegetables.
This is only a guide. Use your imagination! This allows for infinite variety so you can get those veggies into picky eaters. Serve as main meal or side dish. The possibilities are endless.
This is only a guide. Use your imagination! This allows for infinite variety so you can get those veggies into picky eaters. Serve as main meal or side dish. The possibilities are endless.
Featured Pinch Tips Video
Be the First
4 (main meal) or 6 (side dish)
15 Min
1 Hr
- 10 oz
- broccoli roughly chopped into florets
- 8 oz
- cauliflower roughly chopped into florets
- 2
- ears fresh raw corn - kernels sliced off cob
- 1 can(s)
- (14 oz) can cream of chicken soup
- 2/3 c
- milk
- 1/2 c
- sour cream
- 1/2 c
- mayonnaise
- 1 c
- cheddar cheese
- 3 c
- fresh bread crumbs, preferably from stale bread - your choice of bread
- 2 or 3 Tbsp
- butter, melted - or as much as needed to moisten bread crumbs
Directions Step-By-Step
1Preheat oven to 190°C or 400°F. Lightly steam broccoli and cauliflower until slightly soft. Drain & place in deep casserole dish. Mix raw corn kernels into other vegetables.
Mix soup, milk, mayonnaise, and cheese together in mixing bowl. Season to taste with salt and pepper.
Blitz bread into rough crumbs in food processor, melt butter, then blend into the bread crumbs by hand so as not to over butter and saturate. They should be slightly dry so they will toast lightly during cooking.
2Pour wet ingredients over vegetables and mix well. At this point, some milk may be added if too thick, adjust seasonings as well.
3Top with bread crumbs. Place in oven and cook for 45 - 60 minutes.
About this Recipe
Course/Dish: Side Casseroles, Casseroles
Main Ingredient: Vegetable
Regional Style: American
Other Tags: Quick & Easy, For Kids
Hashtags: #easy, #corn, #Casserole, #broccoli, #cauliflower, #vegetables, #cream soup, #Bread Cumbs


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Paris DJs Soundsystem presents The Dancehall, Rocksteady, Roots Reggae & Ska Experience (5CDs boxset, Paris DJs, 2016)
05 January 2016, 14:29
5 hours of authentic Jamaican soul & grooves! The Paris DJs Soundsystem's compilation 'Dis Is Reggae Soul', plus four full-length albums with legendary Jamaican singer Carlton Livingston ('Bridge Of Life'), deejay The Lone Ranger ('Sweet Talking'), and harmony vocal groups The Silvertones ('Keep On Rolling'), or The Jays ('Stepping Up In Timeg'), recorded in Kingston and Paris by French...
DIS IS REGGAE SOUL 2LP vinyl compilation - Paris DJs Crowdfunding Campaign
13 May 2014, 16:30
Paris DJs need your help to fund the manufacturing of this classy double vinyl LP designed by Ben Hito. Strictly limited to a 500 copies, this collection of exclusive Grant Phabao remixes and productions will only see the light of day if this crowdfunding campaign is a success so we need your support ! The 2LP features Afrodyete (The Breakestra), Carlton Livingston, Grant Phabao, Jungle Fire,...
Paris DJs presents The 20 Best Singles of 2013
01 January 2014, 10:51
This year's been a special trip for us and a special treat for our listeners, since we've managed to put out 29 digital singles in the last months! Of course that burned a lot of our time and the rest of our focus singles-wise has been mostly consumed by vinyl releases, 7 inches or 12 inches. So you won't find in there many digital singles from other labels, sorry about the self-centrism. Sorry...
Paris DJs Soundcloud Selection Vol.11
23 November 2013, 00:20
So many cool new stuff coming out on Soundcloud every day, it's hard to keep track. So instead of publishing posts on social networks all the time (even scheduled), we've opted for a bi-monthly selection, already reaching number 11 today. Antoher mega program of two and half hours, with many many new releases, music to discover, like and share, some edits, a few of Paris DJs productions, all...
Ocote Soul Sounds & Adrian Quesada - Vendendo Saúde E Fé (Grant Phabao Remix) (Digital Single, Paris DJs, 2013)
01 November 2013, 16:57
Chicanos in outer space Ocote Soul Sounds (a.k.a. Martin Perna from Antibalas) and Adrian Quesada (from Grupo Fantasma, Brownout or The Echocentrics have put out 3 fantastic, cornerstone albums of Afro-Latin music. A real blend between African grooves and Mexican/South American music that hasn't been achieved before or since. Extracted from their second album from 2010, 'Vendendo Saúde e Fé'...
Paris DJs Soundcloud Selection Vol.5
12 August 2013, 18:01
The 'Paris DJs Soundcloud Selection' is now a bi-monthly series, with every odd number a selection of cool tracks to listen to as a full radio show, and every even number a selection to listen to while reading the reviews from our monthly playlist column… This fifth volume starts on a Reggae tip, before journeying into Hip Hop and Latin waters, through some Afro and Soul territories, including a...
Interview with Adrian Quesada (english version)
05 January 2012, 18:00
Interview with Adrian Quesada (Interview by Nicolas Ragonneau - April 2011) Adrian Quesada, one of the most interesting modern guitarists from funk afro/latino's Austin scene (Grupo Fantasma, Ocote Soul Sounds, Brownout) answers a few questions about his new project The Echocentrics.We've done a mix about Adrian Quesada that you can download here, we also have a photo shooting session by Jean...
Interview d'Adrian Quesada (french version)
05 January 2012, 17:58
Interview d'Adrian Quesada (Interview par Nicolas Ragonneau - avril 2011) Rencontre avec Adrian Quesada, un des guitaristes les plus intéressants de la scène funk afro/latino pour Grupo Fantasma, Ocote Soul Sounds et Brownout, alors que paraît son nouveau disque sous le nom mystérieux de The Echocentrics. Nous lui consacrons également un mix exclusif, à télécharger ici, en attendant le mix...
Ocote Soul Sounds - Taurus - out on ESL Music
30 May 2011, 01:57
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Paris DJs Soundsystem & Musiques Impures present Adrian Quesada's Spring Reverb
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Paris DJs Soundsystem & Musiques Impures present Adrian Quesada's Spring Reverb (MP3 Podcast on ParisDJs.com and MusiquesImpures.com) 2011-04-13 The Echocentrics is a new project of psychedelic, cinematic and dusty soul produced by Adrian Quesada of Brownout/Ocote Soul Sounds/Grupo Fantasma fame. Loads of spring reverb, psyched out farfisa organs and heavy drums are accented by beautiful...
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United States District Court, Ninth Circuit
June 5, 2013
RAQUEL CHAVEZ, an individual, Plaintiff,v.WASHINGTON MUTUAL BANK; WELLS FARGO BANK, N.A.; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (
LUCY H. KOH, District Judge.
Plaintiff Raquel Chavez ("Chavez") brings this action based on a loan obtained in 2007 and on the subsequent foreclosure proceedings instituted against her. Defendants Washington Mutual Bank ("Washington Mutual"), Wells Fargo Bank, N.A. ("Wells Fargo"), Mortgage Electronic Registration Systems, Inc. ("MERS"), and JPMorgan Chase Bank, N.A. ("JPMorgan") (collectively "Defendants") move to dismiss Chavez's complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). See Defs.' Mot. to Dismiss ("Motion"), ECF No. 23. Chavez opposes this motion. See Pl.'s Opp. To Defs.' Mot. to Dismiss ("Opp'n"), ECF No. 26. Pursuant to Civil Local Rule 7-1(b), the Court finds this matter appropriate for resolution without oral argument and hereby VACATES the hearing and case management conference scheduled for June 6, 2013. Having considered the submissions of the parties and the relevant law, and for good cause shown, the Court hereby GRANTS Defendants' Motion to Dismiss with prejudice.
A. Facts[1]
On or about December 19, 2007, Chavez purchased her home at 12330 1st Fork Road, Los Gatos, California (the "Subject Property"), with a $950, 000.00 loan from Washington Mutual. See Compl. ¶ 2; see also RJN, Ex. 1. In connection with this loan, Chavez executed a promissory note and a deed of trust, which encumbered the Subject Property. See Compl. ¶ 2; see also RJN, Ex. 1. MERS was listed as the beneficiary of the deed of trust. See Compl. ¶ 28(f). The deed of trust was recorded in the Santa Cruz County Recorder's Office on December 31, 2007. See RJN, Ex. 1. On September 25, 2008, JPMorgan allegedly purchased certain assets and liabilities of Washington Mutual, including Chavez's loan, and thus became the "purported Master Servicer" of the mortgage. See Compl. ¶9; RJN, Ex. 6.[2]
Chavez alleges that, prior to the time that JPMorgan purchased Chavez's loan, Washington Mutual began a series of transactions in which her promissory note was sold to several parties and was eventually purchased by a trust represented by Wells Fargo as trustee.[3] Compl. ¶ 21. Chavez claims that, during each of these sales, the promissory note was not transferred properly. Compl. ¶ 4. Specifically, the transfer was improper because Washington Mutual failed to transfer the physical note. Compl. ¶ 23. In addition, Chavez alleges that the transfer was improper because the interest in the note was separated from the deed of trust when it was sold, thus invalidating any security interest Defendants may have had in the note. Compl. ¶ 28(g). Because of these alleged transactions Chavez claims that none of the Defendants possessed the legal right to foreclose on her home. Compl. ¶ 30.
On or about February 17, 2009, Chavez received a letter notifying her that she was in arrears in the amount of $33, 845.63. See RJN, Ex. 2. On February 18, 2009, this notice was recorded in the Santa Cruz County Recorder's Office. See id. Chavez failed to cure the default, and a Notice of Trustee's Sale was recorded on May 25, 2009. See RJN, Ex. 4. The Subject Property was sold at a trustee's sale on June 11, 2009. See RJN, Ex. 5.
B. Prior Proceeding
On August 5, 2009, Chavez, with her husband, filed a complaint in the Northern District of California alleging ten causes of action against Defendant Washington Mutual. See RJN, Ex. 7 (" Chavez I "). Specifically, Chavez alleged violations of: (1) the Truth in Lending Act ("TILA"), 15 U.S.C. § 1601 et seq.; (2) the Real Estate Settlement Procedures Act ("RESPA"), 12 U.S.C. §2605, et seq.; and (3) related state law claims, including fraud and wrongful foreclosure. See RJN, Ex. 5. Defendant moved to dismiss. See RJN, Ex. 9. On January 7, 2010, the Honorable Jeremy Fogel granted the motion to dismiss for failure to state a claim with leave to amend. See id. Chavez then filed a second amended complaint which did not raise any federal claims. See RJN, Ex. 8. Given that all of Chavez's remaining claims arose under state law, Judge Fogel declined to exercise his supplemental jurisdiction and dismissed the complaint without prejudice. See Chavez v. Washington Mutual, Bank, F.A., et al., No. 09-3583 (N.D. Cal. April 7, 2010) (Order Granting Mot. to Dismiss Without Prejudice).[4]
Chavez filed another complaint in Santa Cruz Superior Court on May 7, 2010, bringing nine claims against Defendants JPMorgan and Washington Mutual in connection with the same loan. See RJN, Ex. 10 (" Chavez II "). In addition to other state law claims, Chavez again alleged wrongful foreclosure and fraud. Chavez's claim for wrongful foreclosure was based on a theory that JPMorgan was not in possession of the promissory note to Chavez's loan, and therefore was not entitled to commence foreclosure proceedings. Chavez's claim for fraud was based, among other things, on allegations that JPMorgan misrepresented that it had the right to collect payments from her. See id. Defendants filed a demurrer as to each of Chavez's causes of action, which the Superior Court sustained without leave to amend. See RJN, Ex. 11. The Superior Court also dismissed the action against JP Morgan with prejudice, id., and entered a final judgment against Chavez on September 13, 2010. See RJN, Ex. 12. After the Superior Court entered final judgment, Chavez sought to voluntarily dismiss the action. See RJN, Ex. 13.
C. Instant Proceeding
On July 6, 2012, Chavez filed another complaint in the Santa Cruz County Superior Court, alleging six causes of action against Defendants Washington Mutual, JPMorgan, Wells Fargo, and MERS. See ECF No. 1. Chavez once again alleges claims under TILA and RESPA, as well as state law claims for wrongful foreclosure, fraud, declaratory relief, and quiet title. See id.
On August 21, 2012, Defendants removed the case on the basis of federal question jurisdiction. See ECF No. 1. The case was assigned to the undersigned judge on September 26, 2012. ECF No. 22. Defendants then brought the Motion to Dismiss now before the Court. See ECF No. 23. Chavez filed a timely opposition, see ECF No. 26, to which Defendants then filed a reply, see Defs.' Reply Supp. Mot. to Dismiss ("Reply"), ECF No. 28.
A. Motion to Dismiss Under Rule 12(b)(6)
Pursuant to Federal Rule of Civil Procedure 12(b)(6), a defendant may move to dismiss an action for failure to allege "enough facts to state a claim to relief that is plausible on its face." Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). "A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged. The plausibility standard is not akin to a probability requirement, ' but it asks for more than a sheer possibility that a defendant has acted unlawfully." Ashcroft v. Iqbal, 556 U.S. 662, 129 S.Ct. 1937, 1949 (2009) (internal citations omitted). For purposes of ruling on a Rule 12(b)(6) motion, the Court "accept[s] factual allegations in the complaint as true and construe[s] the pleadings in the light most favorable to the non-moving party." Manzarek v. St. Paul Fire & Marine Ins. Co., 519 F.3d 1025, 1031 (9th Cir. 2008).
Nonetheless, the Court need not accept as true allegations contradicted by judicially noticeable facts, and the "[C]ourt may look beyond the plaintiff's complaint to matters of public record" without converting the Rule 12(b)(6) motion into one for summary judgment. Shaw v. Hahn, 56 F.3d 1128, 1129 n.1 (9th Cir.), cert. denied, 516 U.S. 964 (1995); see Van Buskirk v. Cable News Network, Inc., 284 F.3d 977, 980 (9th Cir. 2002); Schwarz v. United States, 234 F.3d 428, 435 (9th Cir. 2000). Nor is the Court required to "assume the truth of legal conclusions merely because they are cast in the form of factual allegations.'" Fayer v. Vaughn, 649 F.3d 1061, 1064 (9th Cir. 2011) (quoting W. Mining Council v. Watt, 643 F.2d 618, 624 (9th Cir. 1981)). Mere "conclusory allegations of law and unwarranted inferences are insufficient to defeat a motion to dismiss." Adams v. Johnson, 355 F.3d 1179, 1183 (9th Cir. 2004) (internal quotation marks and citations omitted); accord Iqbal, 129 S.Ct. at 1950. Furthermore, "a plaintiff may plead [him]self out of court'" if he "plead[s] facts which establish that he cannot prevail on his [constitutional] claim." Weisbuch v. Cnty. of L.A., 119 F.3d 778, 783 n.1 (9th Cir. 1997) (quoting Warzon v. Drew, 60 F.3d 1234, 1239 (7th Cir. 1995)).
B. Leave to Amend
If the Court determines that the complaint should be dismissed, it must then decide whether to grant leave to amend. Under Rule 15(a) of the Federal Rules of Civil Procedure, leave to amend "shall be freely given when justice so requires, " bearing in mind "the underlying purpose of Rule 15... [is] to facilitate decisions on the merits, rather than on the pleadings or technicalities." Lopez v. Smith, 203 F.3d 1122, 1127 (9th Cir. 2000) (en banc) (internal quotation marks and citation omitted). When dismissing a complaint for failure to state a claim, "a district court should grant leave to amend even if no request to amend the pleading was made, unless it determines that the pleading could not possibly be cured by the allegation of other facts.'" Id. at 1130 (quoting Doe v. United States, 58 F.3d 494, 497 (9th Cir. 1995) (internal quotation marks omitted)). Furthermore, the Court "has a duty to ensure that pro se litigants do not lose their right to a hearing on the merits of their claim due to ignorance of technical procedural requirements." Balistreri v. Pacifica Police Dep't, 901 F.2d 696, 699 (9th Cir. 1990). Accordingly, leave to amend generally shall be denied only if allowing amendment would unduly prejudice the opposing party, cause undue delay, or be futile, or if the moving party has acted in bad faith. Leadsinger, Inc. v. BMG Music Publ'g, 512 F.3d 522, 532 (9th Cir. 2008).
A. Request for Judicial Notice
In connection with their Motion to Dismiss, Defendants request that the Court take judicial notice of the following documents: (1) the Deed of Trust recorded on December 31, 2007, with the Santa Cruz County Official Records (RJN, Ex. 1); (2) the Notice of Default and Election to Sell Under Deed of Trust, recorded on February 18, 2009, with the Santa Cruz County Official Records (RJN, Ex. 2); (3) the Substitution of Trustee, recorded on April 2, 2009, with the Santa Cruz County Official Records (RJN, Ex. 3); (4) the Notice of Trustee's Sale, recorded on May 26, 2009, with the Santa Cruz County Official Records (RJN, Ex. 4.); (5) the Trustee's Deed Upon Sale, recorded on June 19, 2009, with the Santa Cruz County Official Records (RJN, Ex. 5); (6) the Purchase and Assumption Agreement between FDIC and JPMorgan, dated September 25, 2008 (RJN, Ex. 6); (7) Chavez's complaint filed with the United States District Court for the Northern District of California on August 5, 2009, as Case Number 09-CV-03583 (RJN, Ex. 7); (8) the Second Amended Complaint filed by Chavez in the above-mentioned case on January 27, 2010 (RJN, Ex. 8); (9) the District Court's Order Granting Motion to Dismiss with Leave to Amend in the above-mentioned case (RJN, Ex. 9); (10) Chavez's complaint that she filed in the Santa Cruz County Superior Court on May 7, 2010, as Case Number CIV 167449 (RJN, Ex. 10); (11) the Superior Court's Order Sustaining Demurrer to the Complaint without leave to amend in Case Number CIV 167449 (RJN, Ex. 11); (12) the Judgment entered and filed in Case Number CIV 167449 (RJN, Ex. 12); and (13) the Request for Dismissal filed by Chavez on November 8, 2010, in Case Number CIV 167449 (RJN, Ex. 13). See ECF No. 24.
Although a district court generally may not consider any material beyond the pleadings in ruling on a Rule 12(b)(6) motion, a court may take judicial notice of documents referenced in the complaint, as well as matters in the public record, without converting a motion to dismiss into one for summary judgment. See Lee v. City of L.A., 250 F.3d 668, 688-89 (9th Cir. 2001). A matter may be judicially noticed if it is either "generally known within the territorial jurisdiction of the trial court" or "capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned." Fed.R.Evid. 201(b).
Chavez opposes the Request for Judicial Notice, arguing that "the request must be denied in the face of the obvious hearsay objections." See Opp'n at 20. However, Chavez's hearsay objections are overruled in light of the fact that all of Defendants' exhibits are available from public records. The Court may therefore determine their accuracy by resorting to reliable sources. For example, Exhibits 1 (Deed of Trust), 2 (Notice of Default), 3 (Substitution of Trustee), 4 (Notice of Trustee's Sale), and 5 (Trustee's Deed Upon Sale), of which Defendants' request judicial notice, are all records filed with the county recorder. Courts routinely take judicial notice of these types of documents. See, e.g., Liebelt v. Quality Loan Serv. Corp., No. 09-05867, 2011 WL 741056, at *6 n.2 (N.D. Cal. Feb. 24, 2011); Reynolds v. Applegate, No. 10-04427, 2011 WL 560757, at *1 n.2 (N.D. Cal. Feb. 14, 2011); Giordano v. Wachovia Mortg., FSB, No. 10-04661, 2010 WL 5148428, at *1 n.2 (N.D. Cal. Dec. 14, 2011). In addition, RJN Exhibit 6 (Purchase and Assumption Agreement) is a document obtained from an administrative agency and is therefore properly noticed as a public record. See Barron v. Reich, 13 F.3d 1370, 1377 (9th Cir. 1994). Finally, RJN Exhibits 7 through 13 are all documents filed in prior suits that form the basis for Defendants' res judicata argument for dismissal. As these documents are also in the public record, judicial notice of these documents may be taken to determine the validity of Defendants' argument.
Accordingly, the Court finds that all thirteen documents may properly be judicially noticed under Federal Rule of Evidence 201(b), and GRANTS Defendants' request.
B. Res Judicata
Defendants argue that Chavez's claim is barred by res judicata on the basis of the rulings in Chavez I and Chavez II. See Mot. at 2. While the complaint in Chavez I was dismissed without prejudice, see Chavez v. Washington Mutual, Bank, F.A., et al., No. 09-3583 (N.D. Cal. April 7, 2010) (Order Granting Mot. to Dismiss Without Prejudice), the complaint in Chavez II was dismissed with prejudice and may therefore have a preclusive effect on the instant proceeding, s ee RJN, Exs. 11, 12. In her opposition to the Motion to Dismiss, Chavez does not address Defendant's arguments regarding res judicata.
"Res judicata, also known as claim preclusion, bars litigation in a subsequent action of any claims that were raised or could have been raised in the prior action." W. Radio Servs. Co. v. Glickman, 123 F.3d 1189, 1192 (9th Cir. 1997) (emphasis added); accord Owens v. Kaiser Found. Health Plan, Inc., 244 F.3d 708, 713 (9th Cir. 2001). Res judicata is applicable whenever there is: "(1) an identity of claims[;] (2) a final judgment on the merits[;] and (3) identity or privity between parties." W. Radio Servs. Co., 123 F.3d at 1192 (citing Blonder-Tongue Lab. v. Univ. of Ill. Found., 402 U.S. 313, 323-24 (1971)). Here, all three requirements for res judicata are met.
1. Final Judgment on the Merits
First, the prior action in the Santa Cruz Superior Court, Chavez II, resulted in a final judgment on the merits. The Santa Cruz Superior Court sustained JPMorgan's demurrer without leave to amend and dismissed the action. See RJN, Ex. 11. The Court then entered a final judgment against Chavez. See RJN, Ex. 12. Thus, the Superior Court's Order sustaining the demurrer to the complaint and dismissing the action against JPMorgan constitutes an adjudication on the merits for purposes of res judicata.[5]
2. Identity or Privity Between Parties
Next, for the purposes of res judicata, the parties must be identical or in privity. See W. Radio Servs. Co., 123 F.3d at 1192; see generally In re Schimmels, 127 F.3d 875, 881 (9th Cir. 1997) (holding that the purpose of res judicata is to prevent parties from relitigating claims against parties whom they have already filed suit against or could have filed suit against in a previous action). Here, two parties are identical to the prior Santa Cruz County Superior Court suit- JPMorgan and Washington Mutual. See RJN, Ex. 10. However, the present case also names as defendants Wells Fargo and Mortgage Electronic Registration Systems, who were not parties to the previous suit; therefore, they must at least be in privity.
Privity may exist, even when the parties are not identical, if "there is a substantial identity between parties, that is, when there is sufficient commonality of interest." Tahoe-Sierra Pres. Council, Inc. v. Tahoe Reg'l Planning Agency, 322 F.3d 1064, 1081 (9th Cir. 2003) (internal quotation marks and citation omitted); see also Stratosphere Litig. L.L.C. v. Grand Casinos, Inc., 298 F.3d 1137, 1142 n. 3 (9th Cir. 2002) (finding privity when a party is "so identified in interest with a party to former litigation that he represents precisely the same right in respect to the subject matter involved") (internal quotation marks and citation omitted). Here, Washington Mutual and Wells Fargo are in privity because Chavez's Complaint alleges that the promissory note related to the property originated with Washington Mutual, and was eventually sold to a trust with Wells Fargo acting as trustee. See Compl. ¶ 21. Washington Mutual and Wells Fargo are therefore in the same chain of title with respect to the promissory note, and thus share common interests. See In re Schimmels, 127 F.3d at 881 ("[A] non-party who has succeeded to a party's interest in property is bound by any prior judgment against the party."). Washington Mutual is also in privity with MERS. Chavez's Complaint alleges that the original Deed of Trust from Washington Mutual listed MERS as the beneficiary. See Compl. ¶ 28(f). This allegation, if taken as true, shows that MERS was a party to the original loan proceedings. Therefore, MERS is so closely related in interest to Washington Mutual that Chavez could have included MERS as a defendant in Chavez II.
As JP Morgan and Washington Mutual are identical to the parties in the prior suit, and there is sufficient commonality of interest between Washington Mutual, Wells Fargo, and MERS, the Court finds that all of the parties in this action are in privity. See Tahoe-Sierra Pres. Council, 322 F.3d at 1081. Accordingly, this element of res judicata is satisfied.
3. Identity of Claims
Finally, to establish res judicata, there must be identity between the claims brought in the instant Complaint and those that were or could have been brought in Chavez II. See W. Radio Servs. Co., 123 F.3d at 1192. In Chavez II, Chavez asserted claims for wrongful foreclosure and fraud. See RJN, Ex. 10. Chavez's first and second claims in this Complaint are also for wrongful foreclosure and fraud, and are therefore identical to the claims in Chavez II. In addition, Chavez now asserts new claims for quiet title and declaratory relief as well as new claims under TILA and RESPA.
"Under federal law [a plaintiff] does not avoid the bar of res judicata merely because he now alleges conduct [by defendants] not alleged in his prior suit, nor because he has pleaded a new legal theory." Costantini v. Trans World Airlines, 681 F.2d 1199, 1201 (9th Cir. 1982). "Rather, the crucial question is whether appellant has stated in the instant suit a cause of action different from those raised in his first suit." Id. Among the factors a court considers in answering this question are:
(1) whether rights or interests established in the prior judgment would be destroyed or impaired by prosecution of the second action; (2) whether substantially the same evidence is presented in the two actions; (3) whether the two suits involve infringement of the same right; and (4) whether the two suits arise out of the same transactional nucleus of facts.
Id. at 1201-02 (quoting Harris v. Jacobs, 621 F.2d 341, 343 (9th Cir. 1980)). The last factor is the most important in determining whether there is an identity of claims . Id. at 1202. Thus, if newly articulated claims are based on the same nucleus of common facts and could have been brought in the earlier action, they may still be subject to a res judicata finding. Tahoe-Sierra Pres. Council, Inc., 322 F.3d at 1078; see also United States ex rel. Barajas v. Northrop Corp., 147 F.3d 905, 909 (9th Cir. 1998) (holding that, because res judicata "bars relitigation of all grounds of recovery that were asserted, or could have been asserted, in a previous action between the parties, " the relevant inquiry is not whether "the claims asserted subsequent to the judgment were actually pursued in the action that led to the judgment; rather, the relevant inquiry is whether they could have been brought.").
The Court finds that all of Chavez's new claims arise from the same nucleus of common facts as the prior action, and therefore could have been brought in Chavez II. Specifically, Chavez's new claims relate to the same foreclosure proceeding and the same allegedly defective transfer of the deed of trust at issue in Chavez II. Compare ECF No.1, with RJN, Ex. 10. As both suits involve infringement of the same primary right against wrongful foreclosure, there is no reason why Chavez could not have added her new claims to the prior complaint. See United States v. Liquidators of European Fed. Credit Bank, 630 F.3d 1139, 1151 (9th Cir. 2011). Consequently, the Court finds that there is an identity of claims between this action and the prior action for res judicata purposes.
All three requirements of res judicata being met, the Court accordingly GRANTS Defendant's Motion to Dismiss all of Chavez's claims on the basis of claim preclusion.
All of Chavez's causes of action are barred under res judicata and therefore cannot be cured by amendment. Accordingly, the Court GRANTS Defendants' Motion to Dismiss with prejudice. The Clerk shall close the file.
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text: Locker room area: *Harriet is standing by the sink, cleaning the cuts on her face. She lets out a hiss as she dabs her cheek with a cotton ball. The knock at the door causes her to turn and glare over her shoulder.* 'Yes?' 'Miss Vargas, the General Manager would like to see you in his office.' *The timid assistant replies* 'For what?' 'Well... I'm not sure. He just asked that I inform you.' *Harriet blows out a frustrated breath and shakes her head disbelievingly. * 'Fine. Tell him I'll stop by later.' 'You don't understand- he wants to see you immediately.' *Tossing the cotton ball into the sink, Harriet grabs her hoodie and throws it on before following the nervous young brunette.* Camera Switch *Trip in the Head is sitting behind his desk as the door to is office creaks open slowly, the young brunette assistant poking her head in* TRIP: What? You can't knock!? Assistant: I'm sorry sir, its just, I found.... *Suddenly the door slams open and Harriet Vargas walks in through the doorway, pushing the young assistant out of the way* Harriet: What do you WANT? *Harriet says with venom in her tone as the assistant trips and falls* TRIP: *to the assistant* You ok over there? You meet me back in here later and I'll make sure. *Trip winks at the assistant who smiles back after brushing herself off and then exits the room. Trip then turns to Harriet* Calm down Vargas, calm down. I just called you in here to make sure you were ok. You looked pretty beat up after that Hardcore championship match against Farooq. Sure you lost...*Trip rolls his eyes* again....but you put on one hell of a show opener. I guess I was worried about your....mental state...... Harriet: 'Is this some kind of a joke? You want to discuss my mental state?' Harriet folds her arms across her chest, shaking her head angrily.'Oh, I get it now, because all us girls are just a few steps away from crazy at any given moment, right?' Harriet rolls her eyes, muttering 'Asshole'. 'You think I'm going to do what? Cry? Quit? I bet you would love that, wouldn't you? You're in for nothing but disappointment if that's the case because neither of those things are going to happen. You can be as disappointed in me as you like- You may run this company but I'm not here to please you.' Harriet plants both hands on the desk and leans in closer Harriet: 'I'm not scared of anybody in this company and that includes you. So, what are you gonna do about it Mr Boss Man? Are you going to make me job? We all know I've done a lot worse, so you can throw whatever the hell you want at me.' Harriet stands up straight, giving Trip a sarcastic smile. 'Now, instead of wasting time with whatever this game is, why don't you concentrate on the no-shows and the divas around here?' *Trip's demeanor changes drastically within moments* TRIP: How DARE you! *Trip stands up quickly from his desk, knocking his chair down behind him and leaning forward on his desk with both hands* I call you in here to check up on you and this is what I get!? News flash Harriet, *Trip slams his fist down on his desk* I don't have to "job" you out to anyone. You are doing a fine job of that yourself. *Trip turns to one side as he walks around his desk* And no I wouldn't like it all if you just up and quit. Ok, maybe I might find the crying somewhat amusing if it happened, but I don't see any tears here. No. I see a warrior. An amazonian warrior as the case may be. One that is still learning her craft. *Trip makes it around his desk and gets in Harriet's face* And don't you THINK I am handling these no shows!? I AM IN CHARGE HERE! *Trip backs away a step and straightens his tie*And I will take care of things. You need not worry your pretty little bleeding head about it. *Trip walks towards his door* Now I had called you in here to tell you that you impressed me tonight and I was thinking of putting you in a MITB ladder match. *Trip reaches the door and starts to open it* But now.....*Trip shakes his head* Now you better prove to me you deserve it in some other way. *Trip opens his door wide* Now GET OUT. Dat Kid is up to his old tricks again in the ring and I need to find out what he's up to this time. *Harriet reluctantly leaves Trip's office not knowing what to think* OOC (Move your mouse to reveal the content) OOC (open) OOC (close) Co-written by myself and @Majour . Hope you guys like it.


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The political crisis in Venezuela seems to be heading for a crucial showdown after the country's National Electoral Council (CNE) announced that the opposition had collected enough signatures to force a recall referendum on the rule of president Hugo Chávez.
The CNE set the date for the referendum as 15 August. The council's vice-president, Ezequiel Zamora, who is accused by many of sympathising with the opposition, said that elections would follow in 30 days if Chávez lost. Were the referendum to take place after 19 August, and if Chávez did lose, Venezuelan vice-president José Vincente Rangel would take over without holding new elections.
Chávez addressed the nation, accepting the CNE's preliminary results and congratulating the opposition for finding a democratic and constitutional way to try to oust him. His opponents, who accuse him of everything from insanity to being a Castro-style communist dictator, have already attempted to remove him from power by means of an unsuccessful coup in April 2002 and a two-month general strike in December 2002.
The Venezuelan constitution, passed into law by referendum in December 1999, emphasises participation at all levels and incorporates a series of articles that enable ordinary citizens to have a direct influence over public affairs. Crucially, article 72 states that "all elected posts", from the president down, can be subjected to a recall referendum after officials reach the midway point of their term in office. This point was reached by Chávez on 19 August 2003.
It is ironic that the opposition has turned to Chávez's new constitution in its latest strategy to bring down his government, given that in the past it has labelled the framework undemocratic. Meanwhile, international observers from the Organization of American States and the human rights organisation the Carter Center congratulated Venezuelans for exercising their democratic rights. The run-up to the referendum promises to be a real test for the opposition's democratic credentials.
The process of gathering the required signatures to trigger this referendum has been an explosive saga in itself, lasting almost a year. When 3.4 million signatures were handed in by the opposition in November 2003, the government contested the veracity of a large proportion of them, complaining that many had been obtained through fraud such as the inclusion of deceased people.
At the time Chávez called the whole process a "mega fraude". The CNE validated only 1.9 million signatures, and required the owners of those disputed to confirm their support for the referendum. In the end, according to the latest results released by the CNE, the opposition was able to validate only 2,451,821 signatures - about a million less than it had originally submitted.
For the opposition to win the referendum it must achieve more votes against Chávez than those obtained by him when he was elected president in December 1998. Then, Chávez swept the traditional parties out of office with 3,750,000 votes - 56 per cent of the total.
Thus, in the referendum this August, the opposition will need to obtain more than a million extra votes to defeat Chávez through the ballot box. This appears unlikely, given the popularity of Chávez among the poor, who make up more than 80 per cent of the Venezuelan population.
Among the many charges directed at Chávez by his opponents, both domestic and international, is that his government is undemocratic. It is hard, however, to imagine Tony Blair or George Bush agreeing to a similar referendum half way through their time in office - a time when governments are usually at their least popular.
US hypocrisy in this respect is brought into sharp focus by the recent revelation that the National Endowment for Democracy (funded by the US Congress) provided close to $1m to fund opposition groups in the months before Venezuela's failed coup of April 2002. The US's contempt for democracy in the region is nothing new for Latin Americans, as Chileans, Nicaraguans, Guatemalans, Haitians, Grenadians and Brazilians can readily testify.
Even if Chávez were to win the referendum, it would be wrong to assume that the opposition will accept the result and allow him to conclude his term in office. Past experience in Latin America, as with Allende's Chile in 1973, suggests that right-wing elites will use legal or illegal means to overthrow a government that threatens their privileges.
Domestically, a high level of responsibility will have to be shown by both sides to prevent an incendiary political situation from turning into full-scale civil war in Venezuela. Foreign intervention in the internal affairs of the country should be actively opposed by people throughout the world in order to prevent it joining the long list of Latin American governments deposed through US-sponsored military action.
Pablo Navarrete is a British-Chilean journalist and documentary filmmaker. He is the founder of www.alborada.net and a correspondent for the Latin America Bureau (LAB)
With the recent plunge in oil prices and radicalised opposition forces, can President Maduro keep the Bolivarian revolution on track? Steve Ellner writes
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May 5, 2011
LEONID MIKITYANSKIY, PLAINTIFF,v.THERMIONICS, INC., DEFENDANT.
Friday, 06 May, 2011 10:00:27 AM
Clerk, U.S. District Court, ILCD
RICHARD MILLS, U.S. District Judge
Pending before the Court is the Defendant's motion to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Also pending is the Defendant's motion to stay discovery pending a ruling on its motion to dismiss.
This is a qui tam action. In his Complaint,*fn1 Plaintiff Leonid Mikityanskiy's asserts claims for false patent marking under 35 U.S.C. § 292. The Plaintiff alleges that Defendant Thermionics Corp. has violated § 292(a) by making certain products with expired patent numbers with the intent of deceiving the public about the patent coverage for these falsely marked products. The Plaintiff seeks an award of monetary charges against the Defendant, one-half of which would be paid to the United States, pursuant to 35 U.S.C. § 292(b).*fn2
The Plaintiff's Complaint alleges that, upon information and belief, the Defendant manufactures, distributes, sells and/or offers for sale therapeutic hot and cold pain relief pads. These pads include Thermionics clay-based Theramics® technology. The Theramics® technology has been the subject of a number of U.S. patents. Some of the patents covering the Theramics® technology are expired.
According to the Complaint, these expired patents include, but are not limited to, U.S. Patent No. 4,743, 726, issued May 10, 1988 ("the '726 Patent"), and U.S. Patent No. 4,849,593, issued July 18, 1989 ("the '593 Patent"). Both patents expired no later than October 14, 2006.
"The two elements of a § 292 false marking claim are (1) marking an unpatented article and (2) intent to deceive the public." Forest Group, Inc. v. Bon Tool Co., 590 F.3d 1295, 1300 (Fed. Cir. 2009). When the Defendant's motion was filed, the United States Court of Appeals for the Federal Circuit had not yet ruled as to whether false marking claims were subject to the pleading requirements of Rule 8(a) or Rule 9(b) of the Federal Rules of Civil Procedure. That court has now determined that false marketing claims are subject to the particularity pleading requirement of Rule 9(b). See In re BP Lubricants USA, Inc., F.3d , 2011 WL 873147 (Fed. Cir. Mar. 15, 2011). The parties were granted leave to supplement their briefs following that decision. Rule 9(b) of the Federal Rules of Civil Procedure provides:
In alleging fraud or mistake, a party must state with particularity the circumstances constituting fraud or mistake. Malice, intent, knowledge, and other conditions of a person's mind may be alleged generally.
Based on the Federal Circuit's recent decision, a complaint alleging false marking must do more than simply assert in a conclusory fashion that a defendant is a "sophisticated company" and "knew or should have known" that a patent expired. See id. at *1. The court observed that Rule 9(b) acts as a "safety valve" so that only viable § 292 claims would reach discovery and serves to prevent discovery from becoming a "fishing expedition." See id. at 2.
The court stated that although a plaintiff is entitled under the rule to plead "upon information and belief," the pleadings must contain "sufficient underlying facts from which a court may reasonably infer that a party acted with the requisite state of mind." See id. at 3 (quoting Exergen Corp. v. Wal-Mart Stores, Inc., 575 F.3d 1312, 1327 (Fed. Cir. 2009)). "[A] complaint must in the § 292 context provide some objective indication to reasonably infer that the defendant was aware that the patent expired." Id.
"[T]he combination of a false statement and knowledge that the statement was false creates a rebuttable presumption of intent to deceive the public, rather than irrebuttably proving such intent." Pequignot v. Solo Cup Co., 608 F.3d 1356, 1362-63 (Fed. Cir. 2010). "[T]he fact of misrepresentation coupled with proof that the party making it had knowledge of its falsity is enough to warrant drawing the inference that there was a fraudulent intent." Id. at 1363 (internal quotation marks, citation and alteration deleted).
As for the rebuttable presumption of intent to deceive recognized in Pequignot, the court in BP Lubricants stated:
This court agrees that the Pequignot presumption informs the determination of whether a false marking plaintiff has met Rule 9(b). However, as we noted in Pequignot, "[t]he bar for proving deceptive intent [in false marking cases] is particularly high, requiring the relator to show "a purpose of deceit, rather than simply knowledge that a statement is false." That the relator pled the facts necessary to activate the Pequignot presumption is simply a factor in determining whether Rule 9(b) is satisfied; it does not, standing alone, satisfy Rule 9(b)'s particularity requirement.
In re BP Lubricants, at *4 (internal citations omitted).
When the Defendant filed its motion to dismiss, it believed that it had no knowledge of its patents expiring prior to June of 2010. In its supplemental memorandum, the Defendant states it has since discovered that on November 23, 1999, it was notified by its patent counsel that the '726 Patent would be valid until October 14, 2006. The Defendant also recently discovered that on January 22, 2001, it was notified by its patent counsel that the '593 Patent would be valid until March 24, 2007.
In Paragraph 33 of his Complaint, the Plaintiff alleges that, "[u]pon information and belief," the Defendant's "intent of deceiving the public arises from the objective to promote the design and utilitarian qualities" of its products. Paragraph 33 and 34 quotes language that appears on the packaging of the Thermipaq products that tout its benefits over those of its competitors. Paragraph 35 quotes similar statements about the products on the Defendant's website. It states in part:
What makes ThermiPaq superior is our patented, thermal ceramic compound made from all-natural, clay-based materials.
This revolutionary compound capitalizes on the efficiency of radiant energy to create a deep penetrating, therapeutic system that works equally well in both hot and cold applications.
The Defendant contends that the passages in paragraphs 33-35 do not establish the necessary intent to deceive under Rule 9(b). It is not claiming that its product is better because it is "patented." Rather, the Defendant claims it is emphasizing the benefits of the product's intrinsic qualities--for example, that it is made from clay-based materials.
The Defendant alleged that many of the Plaintiff's remaining allegations are either speculative or irrelevant. However, some of the allegations are speculative out of necessity because they concern the Defendant's state of mind. Nevertheless, the Defendant asserts that the Complaint lacks the specific allegations necessary to establish the requisite "intent to deceive." Accordingly, the Defendant claims that Plaintiff has not met the heightened pleading requirements of false marking cases articulated by the Federal Circuit in BP Lubricants.
The Plaintiff asserts that, even under the heightened pleading standard, the Complaint adequately pleads the elements of the false patent marking claim and sets out sufficient facts to infer the Defendant's intent to deceive the public. Moreover, the Plaintiff suggests that the motion to dismiss is now moot, based on the Defendant's admission that its patent counsel notified it on November 23, 1999, and January 22, 2001, about the expiration dates of the two patents at issue.
The Court concludes that the Complaint includes sufficient facts to withstand the Defendant's motion to dismiss. The Defendant's admission that it was informed of the expiration dates of both patents well before it initially believed is significant. The use of the word "patented" on the packaging of the Defendant's product and on its website is also important. Although it is possible that the Defendant is simply emphasizing the product's intrinsic qualities, the Court concludes that other inferences can be drawn. Given the fact that certain information is solely within the control of the manufacturer of a product, the Court concludes that the Plaintiff has alleged sufficient facts to state a claim.
Ergo, the Defendant's motion to dismiss [d/e 7] is DENIED. The Defendant's motion to stay discovery is also [d/e 34] DENIED.
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Grass-fed Beef Tenderloin
|Five 5-6lb Tenderloins (Approx. 28lbs total)
|Side Muscle On
Defatted (189A)
Free Range
100% Grass Fed (never grain finished)
Verified Black Angus Breed
No Hormone Growth Promotants
Individually Vacuum Packed
Fresh (frozen may be substituted due to availability)
|New Zealand
The tenderloin is a long thin muscle located on either side of the cow's vertebrae. Because the muscle is used very little during the cow's life, this cut is exceptionally tender. It is also rather lean. Tenderloins can be roasted whole, but are often cut into tenderloin steaks (aka filet mignon).
These whole beef tenderloins are sold with the extra side muscle on, but have been trimmed of most of their surface fat.
Silver Fern brand grass fed beef is raised on the pristine pastures of New Zealand. With this beef, "grass fed" means 100% grass fed & grass finished. Silver Fern beef has been produced according to strict EU mandated animal welfare conditions. The cattle are pastured 100% of the time, with access to paddock areas with windbreaks and other structures for shelter from inclement weather.
This beef is more marbled and flavorful than much of the grass fed beef available in the US. Read Why Angus Beef is So Well Regarded and The Different Ways Cattle are Raised for more information about what makes it so special.
Not only is free range grass fed beef more humane, it's better for you too. 100% grass fed beef is lower in saturated fat as well as higher in valuable nutrients like vitamins A & E, conjugated linoleic acid (aka CLA), and omega-3 fatty acids.
For freezing tips see: How to Freeze Better at Home
Tenderloin Recipes
Steak Recipes
Meat & Seafood Sauce Recipes
Recommended Cooking Temps:
Rare - 120°-125°
Medium Rare - 130°-135°
Medium - 140°-145°
Medium Well - 150°-155°
Well Done - 160° and above
How to Tell Meat Doneness By Feel
Larger cuts of beef (like whole tenderloins) are best roasted with a probe thermometer, which allows you to remove them from the oven at exactly the right time. Because they will continue to cook from residual heat, you should remove them from the oven 5-10 degrees before your desired finished temperature. They also should be rested (on a clean plate covered in foil) for 10-15 minutes prior to serving or cutting, so the flavorful juices can redistribute.
If using steaks, rest for only 5 minutes.


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Eflex offers Termite Management Solutions available for both before and after construction of your home or business. Eflex Connect will match you up to three local Eflex accredited operators that will give you free, no-obligation quotes! Contact us today!
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text:
ERIC Number: ED188096
Record Type: RIE
Publication Date: 1979
Pages: 23
Abstractor: N/A
Reference Count: 0
Psychological Androgyny and Male-Female Attraction.
Orlofsky, Jacob L.
Changes in men's and women's societal roles and in their personality characteristics might be expected to lead to corresponding changes in the personal relations between sexes. Male (N=140) and female (N=95) college students, classified as sex-typed, cross-sex-typed, androgynous, or undifferentiated on the basis of their Bem Sex Role Inventory (BSRI) scores, rated their ideal dating partners/potential spouses on the BSRI items. Predictions that androgynous individuals would describe similarly androgynous ideals while sex-typed individuals would prefer complementarily sex-typed ideals were not confirmed. All subjects described ideals with a relative complementarity in sex-typing: the male more masculine than his partner, the female more feminine than hers. Results suggest that societal norms and stereotypes must be considered in addition to individual differences in psychological set-typing in predicting individual's hetereosexual attraction patterns, and that psychological androgyny does not have as much generality regarding individuals' life styles as has been attributed to it. (Author)
Publication Type: Reports - Research; Speeches/Meeting Papers
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Note: Paper presented at the Annual Convention of the American Psychological Association (87th, New York, NY, September 1-5, 1979). Best copy available.


text:
Our team is looking for US based folks with disabilities for 1 hour remote usability testing. $75/session sateach.es/helpout Pls RT
When you say accessibility is slowing your development down, it's not because of accessibility. It's because you are learning a new skill.
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Just posted: How to be a keyboard accessibility super hero: simplyaccessible.com/article/keyboa… #a11y #accessibility #keyboard
What is most clear to me now, as a father of 4, I need to teach my kids to see both short term and long term implications of all decisions.
Posted! We're looking for new team members (contract/full-time) for remote work Accessibility Testers/Consultants: simplyaccessible.com/jobs-freelance


text:
AKOLA JANATA COMMERCIAL COOPERATIVE BANK RTGS HO Branch in NAGPUR - Address, IFSC, MICR Code
AKJB0000020MICR Code
SERVODAYA CLOTH MARKETGANDHI BAUGNAGPUR PIN 440 002City
What is IFSC Code of AKOLA JANATA COMMERCIAL COOPERATIVE BANK situated at NAGPUR- RTGS-HO?
IFSC Code of AKOLA JANATA COMMERCIAL COOPERATIVE BANK situated at NAGPUR - RTGS-HO is
What is the meaning of IFSC Code, MICR Codes in Banking industry?
IFSC or Indian Financial System Code is the code allocated to all banks branches. Bank branches use this code to participate in RTGS and NEFT transactions.
What is the significance of IFSC Code and how we can use it?
IFSC Code is a 11 digit code and we can use this code to communicate between different branches of different banks. Upon receiving the request for fund transfer it is easy for a bank to identify the payee branch. First four characters are code of bank, last six digits are branch code and fifth character is left 0, for any future use.


text:
Walberg is challenging Congressman Mark Schauer in an effort to win back Michigan's 7th district. He was named to LCV's 2008 "Dirty Dozen" list and was subsequently defeated. Walberg opposed every major clean energy reform in Congress in 2008, earning a 0% LCV score.*
"Two dismal years in Congress was proof enough that Tim Walberg will do nothing to create clean energy jobs for Michigan workers or protect national treasures like the Great Lakes," said Tony Massaro, LCV Senior Vice President for Political Affairs. "While Congressman Schauer has fought to ensure that Michigan leads in the creation of the 21st century's clean energy economy, Walberg seeks a return to Congress to block progress on energy reform and keep our country hooked on the failed energy policies of the past."
During his tenure, Walberg voted against repealing tax breaks to Big Oil, against increasing the use of renewable electricity and against efforts to help American drivers go further on a gallon of gas. Walberg also opposed extending tax incentives to clean energy which would lead to thousands of new jobs in Michigan. Walberg's lifetime LCV score is a dismal 5%. During his two years in office, he was on the wrong side of conservation and clean energy on 32 out of 33 votes. He even voted against the No Child Left Inside Act, designed to help educate children about the natural environment.
"Tim Walberg is drastically out of step with the Michigan businesses, veterans and workers that are all calling for a clean energy economy and greater energy independence," said Massaro.
LCV's trademark Dirty Dozen program targets candidates for Congress — regardless of party affiliation — who consistently vote against clean energy and conservation and are running in races in which LCV has a serious chance to affect the outcome. Since 1996, more than 60 percent of the Dirty Dozen have been defeated.