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Fidel Castro
fidel castro https://www.pinterest.com/pin/247557310745103128/
Fidel Castro comes to power in Cuban Revolution. He changes Cuba to a communist run country.
Nelson Mandela and Fidel Castro
Fidel Castro en un rayo de luz. Foto: Baldrich/ Juventud Rebelde.
No ads in Cuba, only propaganda.
Fidel Castro and Che Guevara - 1959 Turned Cuba into a communist country
Fidel Castro striking his famous pose. Arrested and jailed for opposing an oppressive, US-backed regime, he led a revolution and maintained power in Cuba for 50 years. He survived hundreds of assassination attempts and 9 US presidents.
"And then many things became very clear... we learned perfectly that the life of a single human being is worth millions of times more than all the property of the richest man on earth." ― Ernesto Guevara
Fidel CASTRO. 1964 - Elliott Erwitt
A 17 year old Fidel Castro plays basketball at his High School in 1943 - via reddit[[MORE]]namraka:More photos: Fidel Castro in his High School yearbook, 1945 At a press conference in New York, 1955 Learning to ski during a trip to the USSR, 1962 Trying on a pair of sunglasses in Havana, 1999


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New Netflix Picks Based on Your Fort Collins Favorites
We know what you might like purely based on where you might frequent-- local restaurants, coffee shops, and amusement parks alike.
We know what you might like purely based on where you might frequent-- local restaurants, coffee shops, and amusement parks alike.
You've seen him on "Whose Line Is It Anyway!" and "Let's Make a Deal." Now it's your chance to experience Wayne Brady live at the Union Colony Civic Center.
Not many people know this, but there's a Colorado version of the zodiac.
Greeley's Arts Picnic is Saturday, July 30th and Sunday, July 31st at Lincoln Park in Downtown Greeley. We have the complete entertainment schedule for you.
Until this weekend, Northern Colorado millennials really hadn't stepped foot outside their own breakfast burrito-eating, Harry Potter-reading, video game-playing, Kardashian keeping-up-withing, antisocial lives. Then, Pokemon Go began blowing up their Facebook newsfeeds and changing their lives for the better.
Michael Strahan is exiting "Live with Kelly and Michael" earlier than expected, hurrying producers to find his replacement as soon as possible.
WWE Live returns to the Budweiser Events Center November 1 at 1 p.m.
Fans will get to see WWE World Heavyweight and United States Champion Seth Rollins, Dean Ambrose, Cesaro, Kevin Owens, Ryback, Big Show, and more favorite WWE Superstars and Divas...
Never let it be said that dreams can't come true or you can not overcome adversity. This video speaks for itself and shows that even the negative things in your life can be made positive...
It's all over the internet and social media sites, this crazy adult trend of coloring. People are posting their new coloring book finds and creations. What is the deal with adult coloring?
For those who go to the movies on a regular basis, new and exciting movies are hard to come by. And when the first trailers for Jurassic World came out, every eye rolled, great another bad re-do, leaving many with the question, "are there any fresh idea's out there?" Now that you've seen the new trailer, are you excited about seeing it?
Thursday has definitely packed an entertainment punch including the news of Brangelina getting married and Hello Kitty not being a Kitty.
Joan Rivers has died. Rivers was listed in critical condition after a medical procedure a week ago and had been in a coma.

subset: commoncrawl


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An epic fight...loved it
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This adorable puppy can barely keep his eyes open.
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Adorable puppy tries to steal bed back from unimpressed cat, adorable moment.
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This woman beets up three angry customers for being rude.
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Two Kangaroos boxing on a residential street in Australia.
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A curious Welsh Pembroke Corgi puppy goes up against a tiny pumpkin. Looks like he didn't trust it.
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Just keeping the peace...
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FastIron SX PoE-ready Layer 2/Layer 3 switches are built to deliver a reliable and secure Ethernet and IP services infrastructure for a wide range of enterprise and service provider environments.
The FastIron SX enables enterprise customers to deploy a VoIP-ready infrastructure featuring the industry's most scalable and resilient Power over Ethernet (PoE) design and a rich feature set to secure and simplify the deployment of an edge-to-core converged network.
Service providers will benefit from the power of the IronWare networking intelligence, which features advanced Layer 2 services, Foundry's Metro Ring Protocol (MRP) for rapid service restoration in ring-based topologies, VLAN stacking for tunneled VLAN services, and rich bandwidth management features for controlling network utilization.
The FastIron SX 800 supports redundant management and switch fabric modules for enhanced system resilience. The chassis supports PoE over tri-speed 10/100/1000Mbps interfaces.
Switch management modules are available with integrated Gigabit Ethernet or 10-Gigabit Ethernet ports providing cost-effective system configurations that include high-capacity connections to upstream switches. The management modules include high-performance system processors and high-capacity memory for scalable networking with routing capacity up to 1 million BGP routes and 20 BGP peers.
The FastIron SX features a unique power distribution design for system and PoE power. The chassis are designed with independent system and PoE power subsystems. This design achieves optimal power operation and configuration, reducing the equipment and ongoing costs in comparison to modular systems that use a common supply to power both the system and the PoE elements. The power consumption of a line module's PoE circuitry does not impact the system power. Similarly, the power consumption of the line modules, switch modules, and management modules does not impact the PoE power.
Power consumption for the system and PoE are calculated, provisioned, and managed independently of one another. As more PoE devices are added to a switch, a simple power budget calculation determines whether another PoE power supply needs to be added to the switch with no impact to system power. The system power distribution and the PoE power distribution sub-systems are each designed for M+N load-sharing operation (where N=1 for SX 800. This dual-distribution power design simplifies power configuration while enhancing system reliability.
The chassis can be configured for a wide range of power environments including: 110V/220V AC power, -48V DC power and mixed AC/DC power configurations. To scale PoE configurations, PoE power supplies are available in two ratings - 1250W and 2500W.
The FastIron SX provides a scalable, secure, low-latency, and fault-tolerant infrastructure for cost-effective integration of VoIP, video, wireless access, and high-performance data onto a common network. The system architecture features a scalable and resilient PoE design and a low-latency cell-based switch fabric with intelligent traffic management to ensure reliable and high-quality VoIP services. A rich suite of security features, including policy-based access control, IP source guard, dynamic ARP inspection, and DHCP snooping, work in unison to control network access and shield the network from internal and external threats. The FastIron SX establishes a new class of convergence-ready solutions, enabling organizations to implement a secure, reliable, scalable, and high-quality infrastructure for total network convergence.
Packaged Quantity:
Product Line:
Connectivity Technology:
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Author Topic: Did the meteorite that wiped out the dinosaurs alter Earth's rotation? (Read 7320 times)
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Villa in Hacienda Del Alamo, Costa Calida, Spain - Private Pool, Petanque Pitch Patio Bbq And Conservatory For All Weathers
This lovely villa with large garden and mature trees including a 400 year old Olive sits beside the 13th Tee looking westerly towards the mountains of Carrascoy and stunning sunsets. The resort is developing 5 star Spa Hotel and Spanish village with bar and restaurants, currently the tennis courts and driving range with the longest 18 hole golf course in Spain provide a wealth of activities and the private pool, BBQ and Petanque pitch ensure there is plenty to do. Internally all the rooms are furnished to an exceptional standard by Sevres of Cartagena and the living accommodation is spacious on one floor only with heating/air conditioning throughout. There is also a courtyard feature with lovely semi tropical plants giving a serene ambience throughout the surrounding living accommodation.
About the Owner
We live in the Scottish Borders in a quiet rural area and have been letting villas for 20 years. We stay abroad in the off season when the Scottish weather is gloomy so that we fit out the villa with all the necessary equipment that anyone including ourselves would require as a second home, including broadband internet connection etc. We also use very good local villa management services so that handing over keys, inventories and welcome packs are on hand. Also in case of emergencies they can help locally at hand with the knowledge and bilingual language efficiency skills that can deal with the sort of problems that car accidents, thefts, loss of passports, hospitals and police may occasion, which can become a nightmare if this sort of help is not available.
Guestbook comments from the owner
'We would recommend the bicycles, great fun, safe, healthy with wonderful views towards the mountains and Fuente. Petanqe or Badminton next?'
Wonderful tennis facilities , and courts always available ".
We just wanted to say a proper thank you for all your help. We thoroughly enjoyed our stay at the villa and I'm sure we will return.The boys enjoyed the golf and we had some lovely days out in Cartagena and Mazarron as well as some nice meals in the Spaniards Inn.Diane Jones July 2013
Your house is fabulous - everything you describe on the website and more. We are having a really great time here - the pool is lovely and a real big hit with the girls. The resort is really impressive - what a shame the recession hit just when it did. The Spanish Village and the hotel and spa would've been something if it was fully in operation. We've been up to Shaun in Kennealys a few nights and over at the Spaniard Inn a couple of times too. .Neil collins august 2013
0 Reviews
From the Owner
"When it comes to ticking boxes our villa has it all that one could wish. The airport is within 40 mins drive, the local supermarket 6 mins, the golf club restaurant and bar 5mins the beach and La Manga 40 mins. The villa is located in a very quiet cul de sac. The house sits in it's own large garden looking onto the fairway and 13th tee with only the mountains beyond. The sun is guaranteed 300 days in the year and the sunsets are stunning. the garden has Bougainvillea olive trees and exotic palms. There are four bedrooms, 2 en-suite with enough room for eight adults to wine and dine in the large dining area or huge patio overlooking the pool. We use the petanque pitch and the bicycles for a bit of fun and exercise."
Activity and Interests
Special interest holidays:
If required Jackie Gregory at Hacienda Villa Sevices can organise special interest activities in local venues.
La Manga del Mar Menor is 45 mins by car and is a famous resort strip with safe and shallow waters that offer a wide variety of water-sports. It is Europe's largest salt water lagoon and has over 170 square kilometres of shallow warm water. A 40 minute drive could also take you to the superb beaches or rocky coastal coves at Mazarron.
San Javier (Murcia airport ) is 35 minute drive and has Jet2.com flights , one hour away at Alicante there are many more flights including Easyjet but it is that bit further to drive.
La Manga strip, Murcia City, Mazarron and lovely Cartagena are all within an hours drive. The new Cartagena - Mazarron motorway link will give access to the new shopping centre near Cartagena in less than 30 mins.
Further Details:
There is a weekly market in Fuente Alamo on Saturdays and on Sunday a huge market at Capo de los Palos where they have excellent restaurants around the harbour.
Rental rates
Additional pricing information
|No additional mandatory fees
Booking Notes:
A 50% deposit is required at the time of booking, with the balance payable 6 weeks prior to arrival.
Changeover Day:
Change over day is flexible.
Notes on prices:
Prices are for the property per week in UK pounds and euros.
All rentals are negotiable depending numbers staying, length of stay, special requirements and year timing. Refundable deposit £220.
50% deposit secures the booking .
- 12
- Available arrival
- 12
- Available
- 12
- Unavailable
From the Owner
"The villa is an Arrecife 1 design, it is all on the ground floor so that it is more wheel chair friendly than any other villa at Hacienda. It has the largest open plan living area and patio of all villas at Hacienda, with a gorgeous internal courtyard filled with exotic plants providing a restful sheltered cloister from the midday sun."
Property Type
- villa
- Air Conditioning
- Ceiling Fans
- Heating
- Internet
- Iron & Board
- Living Room ...
- Parking
- Telephone
- Washing Machine
- Dishwasher
- Freezer
- Kitchen ...
- Microwave
- Oven
- Refrigerator
- Hob
- Satellite / Cable
Pool / Spa
- Private Pool
- suitable for elderly or infirm
- wheelchair accessible ...
Location Type
- beach
- resort
- Bathroom 1 - Toilet, Bath (no shower), Shower Enclosure, Bidet
- Bathroom 2 - Toilet, Bath (no shower), Shower Enclosure, Bidet
- Shower room 1 - Shower Enclosure
- En-suite to bedroom 1 with bath and separate shower. Bedroom 2 and 3 share a second bathroom with bath/shower and WC. Bedroom 4 has a shower wash and basin and WC.
- 4 Bedrooms, Sleeps 8
- Bedroom 1
- Bedroom 2
- Bedroom 3
- Bedroom 4
- Description of sleeping capacity: Sleeps 8 (4 Bedrooms) Notes on bedrooms: Bedroom 1 with double bed, large built-in wardrobe, chest of drawers and en-suite. Bedrooms 2 and 3 with twin beds. Bedroom 4 with double bed and en-suite.
- Golf ...
- Garden
- Barbecue
- Ski & Snowboard ...
- Notes on accommodation: The resort is a gated community and will have Wi-Fi internet access throughout, the villa currently has a telephone line with router. There are tennis courts, golf academy and a children's playground, as well as cycle trails. When open the 'It' bar, Spaniards Inn restaurant and Sports Bar are on site a 5 min walk from your villa. The new conservatory gives stunning views for 365 day all weather comfort. Outside: There is a large Spanish garden with a 400 year old Olive tree, lemon tree pomegranate and Orange, there are also assorted cacti the surrounding hedge and Bouganvelia are located to ensure privacy and shelter. The Petanque pitch gives a competitive element to the otherwise tranquil setting of the private poolside environment. The large BBQ area is ideal for entertaining and the large table with Parasol and the sheltered terrace give much needed shelter from the midday sun when required. Cleaning / Towels / Linen / Maid service: Towels and linen are included. The house is maintained by Hacienda Villa Services so it is prepared for your arrival to an international 5 star level. Extra cleaning can be arranged. Other: There is a roof terrace for complete privacy and the large Patio is ideal for BBQs and a garden table with chairs and loungers makes entertaining for larger numbers very easy.


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Chicken Breeds: Buff Orpington
A Buff Orpington Chick
When I was deciding which chicken breeds to keep last spring, I decided to select two Buff Orpington chicks. The Buff Orpington has a long history as a breed, and is one of the most recognizable (and popular) chicken breeds today.
The Buff Orpington is a large chicken with gold feathers, and plenty of them! The overall appearance is very soft and fluffy. (Some Buff Orpingtons are so well feathered that they have difficulty breeding and laying eggs.) They have relatively compact combs and waddles, and cream-colored legs. Thanks to these robust physical characteristics, the Buff Orpington is ideal for cooler climates.
Buff Orpingtons lay a medium brown egg, and are known to be reliable layers. I have spoken to several flock owners who say that out of all their breeds, it's their Buff Orpingtons which lay right through the winter, even when no supplemental light is used in the coop.
What really tipped the scales for me was when I noticed that Buff Orpingtons are always described as "the friendly chicken," or some variation thereof. Of my four chickens, the two Buff Orpingtons are definitely the most calm and friendly. Buff Orpingtons are definitely suitable for families with small children (as long as the children are safe for the birds, of course!) and for the timid or new chicken owner.
Although Buff Orpingtons are one of the most common variety of chicks for sale at the feed store, the Orpington comes in several other colors as well. Specialist breeders may offer Black Orpingtons, Gray Orpingtons, and Jubilee Orpingtons (which are dark red speckled with white). The original Orpington was developed in England in the late 1800s and was black.
Other chicken breeds:
- Buff Orpington
- Wyandotte
- Australorp
- Old English Game Birds
- Ameraucana, Araucana, and Easter Egger
- Sex Link, Black Star, and Red Star
A Buff Orpington Rooster
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A guideline to how often blankets, sheets, and pillows should be washed in the laundry.
Comments 5 comments
Thanks for the great info....i am planning to start a poultry business in india but can i get the breeds that you mentioned ? You can drop a mail to firstname.lastname@example.com
This is the most fat chicken. Are we still health if we consume the meat?
They would be waaaayyyy healthier than supermarket chickens with all their hormones, antibiotics and genetically modified corn feed! Less likely to make you fat even if they had more fat on them. Supermarket chickens are more fattening because of all the hormones!
i love buff orpinton they so cute and i love them i need a rooster and some hens about 10 12 months old


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Daniel Tiger's Neighborhood
Something Special For Dad/I Love You, MomSeries Website »
Episode Guide »
Something Special for Dad - Daniel notices how happy Dad is to have received a letter from Grandpere. Daniel really loves Dad, so he decides to send him a letter that will make him glad too. He goes to the Post Office with Mom, where he learns how letters are sorted and mailed. He even joins Mr. McFeely on his "speedy delivery" to give Dad the very special letter! I Love You, Mom - Daniel wants to surprise Mom Tiger with her favorite banana bread because he knows it is one way to say "I love you." Dad and Daniel head to Baker Aker's Bakery, where they learn about the bread-making process. Daniel and Dad Tiger surprise Mom and she happily shares the banana bread gift with them too!
CommentsShare your thoughts, questions, and comments on "Daniel Tiger's Neighborhood" here.
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April 13, 2012
DAVID LEE WOMACK,PLAINTIFFv.JOSEPH V. SMITH, ET AL., DEFENDANTS
Judge Conner
Presently before the court are two motions in limine (Docs. 188, 191) filed by plaintiff David Lee Womack ("Womack") to exclude various evidence and testimony at the trial in this matter set to commence on April 30, 2012. For the reasons that follow, the court will grant the motions in part and deny the motions in part.
I. Background
Plaintiff Womack, an inmate currently incarcerated at USP Florence in Florence, Colorado, brings this Bivens action*fn1 against prison officials Joseph V. Smith, Kenneth Gabrielson, D. Scott Dodrill and John Oliver. Womack asserts that defendants violated his Eighth Amendment rights against cruel and unusual punishment when they maintained him in ambulatory restraints for 26 consecutive days from December 9, 2004 until January 3, 2005, while housed at USP Lewisburg in Lewisburg, Pennsylvania.
On March 12, 2012, Womack filed his first motion in limine (Doc. 188), in which he seeks to preclude defendants from offering at trial any testimony or evidence relating to: (1) Womack's criminal record, (2) Womack's prison disciplinary record prior to his August 7, 2003, transfer to USP Lewisburg, (3) events and conduct after January 3, 2005 that do not specifically relate to the restraint of Womack from December 9, 2004 until January 3, 2005, and (4) eight videos of Womack from instances prior to or after the restraint period at issue in this case. Womack moves to preclude the evidence and testimony pursuant to Federal Rules of Evidence 402, 403, 404, and 609. Womack asserts that the evidence is irrelevant, inadmissible character evidence, and to the extent relevant, its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues and waste of time. Defendants oppose the motion asserting that Womack is attempting unduly compartmentalize his 26 days in restraints without providing the appropriate and necessary background as to how the situation arose and the basis for defendants' decision to maintain Womack in restraints. (Doc. 194).
In Womack's second motion, filed on March 16, 2012, Womack asks the court to preclude the testimony of certain defense witnesses who Womack claims were never previously disclosed. On March 12, 2012, counsel for defendants provided counsel for Womack with a list of 61 individuals who came into contact with Womack during the restraint period at issue. (Doc. 192, Ex. C). Counsel for Womack avers that 41 of the 61 individuals had not been previously disclosed by either party. (Doc. 192, at 2). Womack moves pursuant to Federal Rule of Civil Procedure 37(c)(1) to exclude the testimony of the newly identified witnesses for violation of defendants' discovery obligations under Rule 26(a). Defendants counter that they complied with their discovery obligation disclosure requirements and, therefore, Womack's motion should be denied. (Doc. 195). The motions have been fully briefed and are ripe for disposition.
II. Discussion
A. First Motion in Limine
The Federal Rules of Evidence govern the admissibility of evidence at trial. All relevant evidence is admissible unless otherwise stated by the Constitution, statue or other Federal Rules. FED. R. EVID. 402; see also Daubert v. Merrell Dow Pharms., 509 U.S. 579, 587 (1993) (noting that the "[b]asic standard of relevance under Federal Rules of Evidence is liberal one."). Under Rule 401, evidence is relevant if it has "any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence." FED. R. EVID. 401. Evidence that is not relevant is not admissible. FED. R. EVID. 402.
Pursuant to Rule 403 of the Federal Rules of Evidence, the court may exclude relevant evidence "if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence." FED. R. CIV. P. 403; see also Sprint/United Mgmt. Co. v. Mendelsohn, 552 U.S. 379, 382 (2008); Coleman v. Home Depot Inc., 306 F.3d 1333, 1343-44 (3d Cir. 2002). The Third Circuit has cautioned that the exclusion of potentially relevant evidence pursuant to Rule 403 is an "extreme measure" at the pre-trial stage. Hines v. Consol. Rail Corp., 926 F.2d 262, 274 (3d Cir. 1991). Evidence should rarely be excluded in limine pursuant to Rule 403 because "[a] court cannot fairly ascertain the potential relevance of evidence for Rule 403 purposes until it has a full record relevant to the putatively objectionable evidence." In re Paoli R.R. Yard PCB Litig., 916 F.2d 829, 859 (3d Cir. 1999).
Pursuant to Rule 404 of the Federal Rules of Evidence, character evidence is generally not admissible to prove conduct. In particular, "evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith." FED. R. EVID. 404(b). Other crimes, wrongs or acts are admissible, however, to prove motive, opportunity, intent, preparation, and plan. Id.
In a closely related vein, but contrary to the general rule on character evidence, evidence of habit or routine practice is admissible to prove that the conduct of a person on a particular occasion is in conformity with the habit or routine practice. FED. R. EVID. 406; see also FED. R. EVID. 406 advisory committee notes (1972) ("Character and habit are close akin."). Habit is described as one's regular response to a repeated, specific situation. See Becker v. ARCO Chemical Co., 207 F.3d 176, 204 (3d Cir. 2000) (quoting FED. R. EVID. 406 advisory committee notes (1972)); see also id. ('The doing of the habitual acts may become semi-automatic.').
Finally, Rule 609 of the Federal Rules of Evidence governs the admissibility of a witness's prior convictions for impeachment purposes. Pursuant to Rule 609(a), for purposes of attacking the character for truthfulness of a witness, evidence that the witness has been convicted of a felony "shall be admitted, subject to Rule 403 . . . if the court determines that the probative value of admitting this evidence outweighs its prejudicial effect to the accused." FED. R. EVID. 609(a)(1). In analyzing conviction evidence, the court must engage in a "genuine balancing" of probative value and prejudicial effect. Tabron v. Grace, 898 F. Supp. 293, 297 (M.D. Pa. 1995). Important considerations include "the nature of the convictions, the time that has elapsed since conviction, the importance of credibility to the underlying claim, and the potential for prejudice from admitting the convictions." Id. at 295.
A conviction more than ten years old (measured from the date of conviction or release from confinement for the conviction, whichever is later), is generally not admissible "unless the court determines, in the interests of justice, that the probative value of the conviction supported by specific facts and circumstances substantial outweighs its prejudicial effect." FED. R. EVID. 609(b). Thus, convictions over ten years old are only to be admitted in exceptional circumstances and the Rule 403 balancing is reversed. Whereas under Rule 403 unfair prejudice must substantially outweigh the evidence's probative value, for convictions over ten years old, the probative value of the conviction must substantially outweigh the prejudicial effect.
1. Womack's Criminal Record
Womack seeks to preclude any evidence of his criminal record, which includes convictions for burglary, armed robber, sexual assault, and kidnapping from the 1980s and 1990s. Womack contends that the convictions are irrelevant to the issue in this case-his period in restraint. To the extent the convictions are relevant, Womack claims that they should be excluded pursuant to Rule 403. Finally, Womack argues that defendants should be prohibited to using his convictions for impeachment purposes pursuant to Rule 609.
Defendants counter that Womack's convictions are relevant to their decisions regarding the use of restraints. They claim that Womack's criminal history was one factor they took into consideration when managing Womack's violent behavior and determining the appropriate level of restraints. (See Doc. 194, at 11 (averring that "it is important to know an inmate's criminal history, especially if that inmate has a history of assault, as their experience shows that they had to show special precaution with these inmates")). With respect to the use of Womack's convictions for impeachment purposes, defendants contend that the credibility of Womack is a material fact and the use of prior criminal convictions to impeach a witness's credibility is widely permitted. (Doc. 194, at 16).
As an initial matter, the court finds that Womack's convictions and the length of his sentence are relevant to whether defendants had a culpable state of mind. Defendants' knowledge of an inmate's criminal convictions and the length of an inmate's sentence informs their management decisions and is an important consideration in assessing the inmate's risk factors. (See Doc. 194-1, at 3-6, 11, 26, 36). As Womack must established deliberate indifference on behalf of defendants in order to prevail in his Eighth Amendment claim, knowledge of Womack's convictions and sentence length have probative value on the issue of defendants' state of mind in securing Womack within the four corners of the institution.
Despite the relevance of Womack's criminal record, the court must still engage in a Rule 403 balancing of probative value and potential for prejudice. Womack's convictions include armed robbery, burglary, sexual assault, kidnapping, and possession of weapons for unlawful purposes. The nature of the convictions are important factors within the knowledge of defendants when handling Womack. However, the nature of Womack's convictions are violent and likely to be highly inflammatory if disclosed to the jury. The court therefore concludes that a restricted use of Womack's convictions is appropriate. Defendants may testify to their knowledge that Womack was convicted of crimes of violence and was serving a life sentence. The length of Womack's sentence is relevant to defendants' state of mind when managing Womack's custody. Womack's sentence is also quite relevant to Womack's familiarity with institutional settings, as well as his motivation and state of mind during the time period in question. However, the precise nature of Womack's crimes are of limited import to the matter at bar and any probative value is outweighed by the prejudicial effect of such evidence, subject to the caveat noted below with respect to impeachment. With these limitations in place, the court finds that any residual prejudice to Womack can be mitigated though the use of a limiting instruction to the jury, to wit: that evidence of Womack's convictions is admitted only as factual context for the purpose of assessing the parties' intentions or states of mind, and not for any other purpose.
With respect to the use of Womack's criminal record for impeachment purposes, the court notes that the 1988 and 1989 convictions for armed robbery and burglary are more than ten years old. The court does not find exceptional circumstances warranting their admission. Therefore, the defendants shall not reference those convictions for any purpose. See FED. R. EVID. 609(b).
As to the 1990s convictions for which Womack is currently incarcerated, the case of Tabron v. Grace, 898 F. Supp. 293 (M.D. Pa. 1995), is instructive. In Tabron, a § 1983 action against prison officials for failing to protect the incarcerated plaintiff from a fellow inmate, the Honorable Sylvia Rambo granted plaintiff's motion to preclude evidence of his second-degree murder and robbery convictions. Id. at 294. Defendants opposed the motion arguing that the convictions had important probative value on the issue of credibility. Judge Rambo concluded that the credibility of the plaintiff was not as pivotal as the defendants suggested, noting that many of the relevant facts were uncontested, such as whether the plaintiff suffered injuries and the seriousness of the injuries, and the lack of measures taken to separate the plaintiff from the attacking inmate. Id. at 295-96. Also of great significance in Judge Rambo's decision was the fact that the conviction was for murder. "A murder conviction . . . has the potential to do more than create a credibility handicap. It has the potential to so prejudice the jury that its weighing of all the factual issues in the entire case may be impaired." Id. at 296.
In the instant matter, unlike Tabron, Womack's credibility is very much at issue. There are numerous disputed material facts concerning the restraint period, particularly whether Womack suffered injury during his time in restraints from December 9, 2004, to January 3, 2005. (See Doc. 163, at 4-6). Womack must prove as part of his Eighth Amendment claim a serious or significant physical or emotional injury. (See Doc. 163, at 24); Shakka v. Smith, 71 F.3d 162, 166 (4th Cir. 1995). Nonetheless, the court must engage in a genuine balancing of the prejudicial effect of the convictions. As noted, the details of Womack's numerous convictions for crimes of violence may potentially distract the jury from the core issues and lead to confusion and error. Hence, the court will not permit defendants to impeach Womack with any additional information regarding his crimes of violence unless Womack opens the door on direct examination. Thus the court notes that this ruling is without prejudice to defendants' right to revisit the issue upon the conclusion of Womack's trial testimony.
2. Womack's Prison Disciplinary Record Prior to Transfer to USP Lewisburg
Womack next seeks to preclude evidence of his prison disciplinary record prior to his transfer to USP Lewisburg on August 7, 2003. Admittedly, Womack amassed an extensive disciplinary record including over 50 incident reports during his time in federal custody from 2001 to 2003 prior to his transfer to USP Lewisburg. The incidents over this period involve a wide range of offenses including assault, destruction of property, possession of dangerous weapons, refusal of orders, threats of bodily harm, and self-mutilation. (See Doc. 163, at 2-3). Womack contends that his disciplinary record prior to his transfer is irrelevant to the incident at issue and any attempt to present his record would be a ploy to portray Womack's bad character in violation of Rule 404(b). (Doc. 189, at 12).*fn2
Womack additionally argues that his disciplinary record should be excluded on Rule 403 grounds. (Doc. 189, at 14).
Defendants contend that Womack's disciplinary record demonstrates that staff were dealing with a violent individual who they had to approach with care. According to defendants, the disciplinary record establishes a pattern of an inmate who has attempted to manipulate his situation and for whom discipline has not worked in the past.*fn3 The disciplinary record thus informed defendants' decision about the use of restraints.
To the extent Womack's disciplinary record influenced defendants' decisions regarding use of restraints on Womack, the disciplinary record is relevant. According to defendants' answers to interrogatories during discovery in this matter and videos of Womack in restraints, Womack's record affected prison officials in their determination of whether restraints were necessary as well as the type of restraints that were utilized. Defendant Smith, Warden of USP Lewisburg during the relevant time period, indicated that an inmate's disciplinary history is relevant to his security level and custody classification which are factors in determining the appropriate form of restraints. (Doc. 194-1, at 11). Defendants Gabrielson and Oliver similarly indicated that an inmate's past history and behavior, particularly past history of assaultive behavior, were factors considered by them in deciding whether restraints were necessary and, if so, the level of restraints to be used. (Id. at 26, 36). Additionally, in the June 16, 2004 video of prison officials placing Womack in four-point restraints, the Lieutenant clearly notes, as a relevant consideration, Womack's disciplinary history which includes over 93 incident reports since entering BOP custody in 2001.
The court does not find the evidence, offered for the purposes of establishing defendants' knowledge or state of mind, to be inadmissible character evidence. However, the court finds that any use of the disciplinary record, outside of showing defendants knowledge and how that knowledge informed their decisions regarding restraints, is inadmissible character evidence. Other disciplinary incidents are inadmissible to prove the character of Womack or to show action in conformity therewith. See FED. R. EVID. 404(b). Thus, any attempt to show a pattern of bad behavior by Womack is exactly the sort of character evidence that Rule 404(b) precludes.
Turning to the potential for prejudice from the admission of Womack's disciplinary record prior to his stay at USP Lewisburg, the court notes the obvious prejudice and distraction to the jury that will be caused by explaining the 50 or more disciplinary incidents. The court finds that such evidence will unduly delay trial, waste time and have the potential to confuse the jury from the relevant issues. Thus, defendants may testify about Womack's pre-Lewisburg disciplinary record only to the extent they knew of and considered Womack's pre-Lewisburg disciplinary record. Specific disciplinary incidents and the details surrounding them are not admissible, unless specific instances lead to a decision on the classification, management, custody, or use of restraints on Womack. The court will not permit extensive testimony or evidence on the pre-Lewisburg incidents.
3. Events and Conduct After January 3, 2005 Not Related to the Restraint Period
Womack also moves to preclude evidence of events and disciplinary incidents at USP Lewisburg and other institutions that occurred subsequent to the restraint period. In addition, he seeks to preclude his recent medical records, as well as his current status as a prisoner and location of imprisonment. (Doc. 189, at 15). Womack moves for the exclusion of this evidence on grounds of relevance and Rule 403 prejudice. Defendants counter that Womack's subsequent disciplinary history demonstrates his habit of manipulating his situation in an attempt to get what he wants. (Doc. 194, at 15).
Womack is currently incarcerated at USP Florence High, in Florence Colorado, a facility in the same complex as USP Florence ADMAX, the only "Super Max" facility in the federal system, and a facility known to house the most violent prisoners in the nation. (Doc. 189, at 16). The court finds that both Womack's current incarceration status and location of incarceration are irrelevant to any issue in this case and are therefore inadmissible at trial.*fn4
Similarly irrelevant and inadmissible are Womack's post restraint period disciplinary incidents. The post-restraint incidents could not have informed defendants' knowledge or decision-making about Womack and the use of restraints at issue in this case. Therefore, they cast no light on the culpability or lack thereof of defendants during the restraint period.
Regarding post incident medical records, however, the court finds they are relevant to the extent they concern the injuries or treatment of the injuries allegedly sustained during the restraint period. Additionally, if Womack claims injuries from the restraint period that are documented in later medical records as caused by other incidents, defendants may use the medical records to impeach any claim that the injuries were sustained during the restraint period. Beyond these uses, the court can discern no relevance to the post-incident medical records.
4. Eight Videos of Womack Prior to the Restraint Period
Finally, Womack moves to preclude the admission of eight videos depicting Womack in restraints at USP Lewisburg-six from incidents prior to the restraint period at issue, and two from incidents subsequent to the restraint period. (Doc. 189, at 17). Womack contends that the eight videos are not relevant, or they are highly prejudicial depicting Womack in compromising, agitated states while in restraints, but not depicting him during the relevant restraint period. (Id. at 18).
Defendants counter that the videos are relevant to show their knowledge of Womack's behavior in restraints, his unpredictable and instantaneous mood shifts while in restraints, and an over all pattern of an inmate who was attempting to manipulate his situation at all costs. (Doc. 194, at 2). Thus, defendants contend that the videos provide important context for understanding their decision-making process and their assessment of risk factors attendant to Womack's custody. Defendants further note that the videos depict Womack struggling against his restraints and attempting to injure himself while in restraints, which cast doubt on whether Womack's alleged injuries were actually sustained during the 26 day period or during prior restraint periods. Finally, defendants contend that the videos are admissible under Rule 406 to show that "Womack had a regular practice of violating BOP policy in order to manipulate his situation." (Doc. 194, at 14).
The court has viewed seven of the eight videos defendants seek to introduce at trial.*fn5 First, the two post-restraint period videos, are irrelevant. They do not and could not inform the defendants' decision to maintain Womack in restraints for 26 consecutive days. These two videos are inadmissible.
The remaining six videos are relevant to the extent the defendants
knew of, or participated in, the incidents in the video and that
knowledge or experience informed their decision regarding the
restraint of Womack during the 26 day period at issue.*fn6
They are not barred by Rule 404(b) when used as evidence of
state of mind, but they would be inadmissible character evidence if
used for the intention of showing action in conformity with other
crimes wrongs or acts.*fn7
The court rejects defendants' argument that videos are admissible habit evidence. The videos do not establish a habit. A habit is defined as a regular response to a repeated, specific situation, that may be a semi-automatic reaction, such as taking two stairs at a time every time one goes down stairs, or pressing the automatic lock button every time one steps out of his or her vehicle. See Becker v. ARCO Chemical Co., 207 F.3d 176, 204 (3d Cir. 2000) (quoting FED. R. EVID. 406 advisory committee notes (1972)). Being manipulative is quintessentially a character trait, not a habit. Moreover, Womack's behavior in each video is not the same and thus fails to establish a regular response to a repeated situation.
Given that the videos have probative value as to defendants' knowledge of Womack's behavior in restraints, thereby informing their restraints decision, the court will again turn to a Rule 403 balancing. Having reviewed the six relevant videos, which combined run over two hours in length, the court will preclude defendants from introducing the entire length of the videos at trial. The amount of time that would be necessary to play the videos in their entirety is relatively significant. More importantly, the potential to confuse and distract the jury from the central issue regarding the use of ambulatory restraints in the instant matter through the viewing of over two hours of videos is high. However, the court will permit the defendants to present a summary of these prior contacts in no more than 20 minutes of video presentation, provided that one or more of the defendants actively participated in the incident (meaning one or more defendants appeared in the video at some point). This video presentation must be edited to exclude excessive nudity and must be limited to specific examples of Womack's demeanor and the procedures necessary to manage Womack.
The limitation of video evidence to twenty (20) minutes of specific examples of defendants' actively involved in the management of Womack in restraints, and Womack's response thereto, is a balanced solution to the issues raised, which will permit the jury to view actual, historical interaction of Womack in restraints, while simultaneously avoiding the dangers of cumulative and highly offensive video evidence. In addition to the twenty minutes of video, defendants may testify to their personal knowledge of Womack's prior behavior and demeanor in restraints and how those prior restraint periods affected their decision-making during the 26 day restraint period at issue. For these stated reasons, Womack's first motion in limine is granted in part, and denied in part as stated.
B. Second Motion in Limine
In Womack's second motion in limine, Womack moves to preclude the testimony of eleven proposed defense witnesses on grounds that they were never disclosed during discovery in this matter. On March 12, 2012, defendants provided to Womack's counsel a letter identifying 61 current or former employees of the BOP who had contact with Womack while he was in restraints. (See Doc. 192, Ex. C). Womack asserts that 41 of the individuals have never been identified previously during the course of this litigation. (Doc. 192, at 2). The parties have since exchanged trial witness lists and eight of the 41 previously unidentified employees are on the list, in addition to three newly identified individuals, also allegedly never previously disclosed. (Doc. 199, at 2). Defendants contend that they complied with their discovery disclosure obligations under Rule 26 when they provided the witnesses' names and the substance of their information to Womack in documents and videos per Rule 33(d). (Doc. 195, at 2). The eleven individuals subject to Womack's motion in limine are: Matthew Edinger, James Keiser, Terry Bingaman, Gary Persing, Bill McFadden, Jeremy Dressler, Tracey Hooper, Pedro Carrasquillo, Kevin Kelly, Mike Hornberger, and Franz Klossner. (Doc. 199, at 2).
Rule 26 of the Federal Rules of Civil Procedure is the general rule governing discovery and dictates that "a party must, without awaiting a discovery request, provide to the other parties: the name, and if known, the address and telephone number of each individual likely to have discoverable information . . . that the disclosing party may use to support its claims or defenses." FED. R. CIV. P. 26(a)(1)(A)(i). Rule 26 also imposes an ongoing duty upon each party to timely supplement or correct its disclosures should additional or corrective information come to light that has not otherwise been disclosed during the discovery process. Id. 26(e)(1)(A).
Rule 37(c)(1) of the Federal Rules of Civil Procedure provides the sanction for a party who fails to comply with Rule 26(a)'s disclosure requirements: "the party is not allowed to use that information or witness to supply evidence on a motion, at a hearing, or at a trial, unless the failure was substantially justified or is harmless." FED. R. CIV. P. 37(c)(1). The non-producing party has the "burden of proving substantial justification or that its failure to produce was harmless." Tolerico v. Home Depot, 205 F.R.D. 169, 175 (M.D. Pa. 2002). Substantial justification for the failure to make a required disclosure has been regarded as "justification to a degree that could satisfy a reasonable person that parties could differ as to whether the party was required to comply with the disclosure request." United States v. Dentsply Intern., Inc., No. Civ. A. 99-5, 2000 WL 654378, *7 (D. Del. May 10, 2000). Failure to comply with Rule 26(a) is harmless "if it involves an honest mistake, coupled with sufficient knowledge by the other party of the material that has not been produced." Klatch-Maynard v. Sugarloaf Tp., No. 3:06-CV-0845, 2011 WL 2006424, at *2 (M.D. Pa. May 23, 2011).
The Third Circuit has held that "even under Rule 37, the imposition of sanctions for abuse of discovery . . . is a matter within the discretion of the trial court." Newman v. GHS Osteopathic, Inc., 60 F.3d 153, 156 (3d Cir. 1995) (citations and quotations omitted). A district court is to consider the following factors in exercising its discretion to exclude testimony: "(1) the prejudice or surprise in fact of the party against whom the excluded witnesses would have testified; (2) the ability of that party to cure the prejudice; (3) the extent to which waiver of the rule against calling unlisted witnesses would disrupt the orderly and efficient trial of the case or of other cases in the court; (4) bad faith or willfulness in failing to comply with the district court's order" and (5) the importance of the excluded testimony. Klatch-Maynard, 2011 WL 2006424, at *3 (citing Meyers v. Pennypack Woods Home Ownership Ass'n, 559 F.2d 894, 904-05 (3d Cir. 1977), overruled on other grounds, Goodman v. Lukens Steel Co., 777 F.2d 113 (3d Cir. 1985)). The Third Circuit cautions that excluding evidence is an "extreme sanction" for a violation of a discovery order. In re TMI Litig., 193 F.3d 613, 721 (3d Cir. 1999) (citation and quotations omitted).
According to defendants Rule 26(a)(1)(A)(I) is a standard, court-ordered interrogatory. (Doc. 195, at 5). Rule 33 governs interrogatories and pursuant to subpart (d), if the answer to an interrogatory can be determined by examining business records, and if the burden of deriving or ascertaining the answer to the interrogatory will be substantially the same for either party, the responding party may answer the interrogatory by providing the other party a reasonable opportunity to examine and make copies of the records. FED. R. CIV. P. 33(d).
Therefore, defendants contend that they complied with the disclosure requirements under Rule 26(a) by providing Womack copies of statements, videos and documents noting the BOP officials that were present and who witnessed Womack in restraints. (Doc. 195, at 6).
With respect to the eleven witnesses at issue here, defendants assert that the two-hour medical check logs provided to Womack during discovery list Hooper, Persing, McFadden, and Carrasquillo, and the fifteen minute check logs contain signatures from Hornberger and Keiser. (Id. at 6). Defendants admit, however, that the signatures in the logs were indecipherable and that counsel only received the full names of those officials on March 7, 2012. (Id. at 4). Defendants further note that in the videos of December 9, 2004, December 20, 2004 and February 2, 2005, provided to Womack during discovery and relied upon by him in this matter, the following individuals appear on camera and identify themselves: Eddinger, Hornberger, Dressler, and Keiser. (Id. at 7). Defendants note that Hooper in particular was referenced numerous times by Womack during his deposition and thus cannot be said to be unknown to Womack. (Id. at 2; Id. Ex. A, at 80, 122, 125-26, 129, 130-31, 145, 150, 173, 212, 298-301). The connection of the remaining three witnesses-Bingaman, Kelly and Klosser-to the instant action is unknown.
The court finds defendants' argument lacks merit. Defendants have cited no case law in support of their position that Rule 26(a)'s witness disclosure requirements can be satisfied by providing business records pursuant to Rule 33. Although Moore's Federal Practice describes the disclosure requirement of Rule 26(a)(1)(A)(i) as "the functional equivalent of standing court-ordered interrogatories," Moore's further explains that "[t]he parties must provide the specific names of the individuals they might use as witnesses. It is not sufficient to identify them through the use of a collective description, such as 'employees or representatives of the defendant.' Furthermore, if some or all of the identified individuals are employees of the disclosing party, their home addresses and telephone numbers must be disclosed." 6 MOORE'S FEDERAL PRACTICE § 26.22(4)(a)(i).*fn8
The court concludes that defendants failed to comply with their discovery obligations regarding disclosing witnesses. Defendants' failure to properly disclose the eleven witnesses is neither substantially justified nor harmless. Defendants have had the check logs and videos from the beginning of this litigation, and their failure to decipher the signatures or otherwise determine which prison officials would provide testimony at trial until weeks before trial is unacceptable. Therefore, the court must determine the appropriate sanction for the discovery violations.
Trial is mere weeks away. The prejudice and surprise to Womack is significant. See Konstantopoulos v. Westvaco Corp., 112 F.3d 710, 719-21 (3d Cir. 1997) (affirming district court's exclusion of expert witness testimony where expert disclosed three weeks prior to trial). Womack can only presume that the testimony of the eleven witnesses relates to his restraint period, but the substance of their testimony is unknown. Although Womack's counsel could prepare for the testimony of the eleven witnesses, forcing Womack's counsel to focus their efforts on these eleven witnesses at this stage in the litigation is unfair. See id. at 721. Moreover, the court is unable to discern from the briefing to what the witnesses will testify. Considering all these factors, the court concludes that prejudice to Womack is substantial and cannot reasonably be cured. The court will therefore exclude the testimony of the eleven witnesses identified by plaintiffs. See FED. R. CIV. P. 37(c)(1).
III. Conclusion
For the foregoing reasons the court will grant in part and deny in part Womack's first motion in limine (Doc. 188), and grant Womack's second motion in limine. (Doc. 191). An appropriate order follows.
Christopher C. Conner
DAVID LEE WOMACK, Plaintiff v. : JOSEPH V. SMITH, et al., Defendants
(Judge Conner)
AND NOW, this 13th day of April, 2012, upon consideration of the motions in limine (Docs. 188, 191) filed by plaintiff David Lee Womack ("Womack"), and for the reasons set forth in the accompanying memorandum, it is hereby ORDERED that:
1. The first motion in limine (Doc. 188) is GRANTED in part, and DENIED, in part, as follows:
a. Plaintiff's motion to exclude evidence of his criminal record is GRANTED, in part:
i. Defendants may testify to their knowledge that Womack was convicted of crimes of violence and the length of his sentences. The precise nature of these crimes shall not be disclosed to the jury subject, however, to further review at the conclusion of Womack's trial testimony for the reasons set forth in the accompanying memorandum.
ii. Defendants shall not reference Womack's 1988 and 1989 convictions for any purpose.
b. Plaintiff's motion to exclude evidence of Womack's disciplinary record prior to entering USP Lewisburg in August 2003, is GRANTED, in part:
i. Defendants may testify about Womack's pre-Lewisburg disciplinary record only to the extent they knew of and considered Womack's pre-Lewisburg disciplinary record in managing Womack.
ii. Specific disciplinary incidents and the details surrounding them are not admissible, unless specific instances lead to a decision on the classification, management, custody, or use of restraints on Womack.
iii. The court will not permit extensive testimony or evidence on the pre-Lewisburg incidents.
c. Plaintiff's motion to preclude events and conduct subsequent to the restraint period is GRANTED, in part:
i. Defendants shall not reference any disciplinary violations subsequent to the restraint period at issue.
ii. Defendants shall not present evidence of Womack's current incarceration or the location of his current incarceration.
iii. Defendants may present medical evidence of any injuries reasonably relating to one or more of the injuries allegedly sustained during the restraint period at issue.
d. Plaintiff's motion to preclude eight pre- and post-incident videos is GRANTED in part:
i. Defendants may show up to twenty (20) minutes of video presentation, in which one or more of the defendants actively participated (that is, appeared in the video at some point), edited to exclude excessive nudity and limited to specific examples of Womack's demeanor and the procedures necessary to manage Womack.
ii. Defendants shall not present any portion of the post-incident videos.
2. Plaintiff's second motion in limine (Doc. 191) to preclude the testimony of defense witnesses Matthew Edinger, James Keiser, Terry Bingaman, Gary Persing, Bill McFadden, Jeremy Dressler, Tracey Hooper, Pedro Carrasquillo, Kevin Kelly, Mike Hornberger, and Franz Klossner is GRANTED.
CHRISTOPHER C. CONNER United States District Judge
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text: Solar Power > Charge Controllers > Solar Controllers Morningstar TriStar MPPT 600V TS-MPPT-60-600V-48 Bookmark & Share Print This Page Show a Friend Add to Wishlist Price: $1,309.60 Quantity: Product #: IMSC834 Mfg #: TS-MPPT-60-600V-48 Add to Cart Ships in 5 - 6 business days. Third picture shown with optional Morningstar TriStar Meter sold separately. Morningstar's TriStar MPPT 600V charge controller (TS-MPPT-600V) is a brand new addition to our world-leading TriStar MPPT solar controller family, which was first introduced in 2009 and has become the MPPT controller of choice for many large, global, off-grid PV applications. The TS-MPPT-600V leverages Morningstar's innovative TrakStar™ MPPT technology and our 20+ years of power electronics engineering excellence, to deliver the widest PV input operating voltage range available in a PV controller. Morningstar's TrakStar MPPT technology enables the TriStar MPPT 600V charge controller to harvest the maximum energy from the solar array or wind turbine. The high-speed sweeping algorithm minimizes power loss and provides full visibility of the entire power curve from open circuit to battery voltage; ensuring the maximum power point is chosen under all ambient conditions. The TriStar MPPT 600V charge controller uses advanced power electronics to efficiently utilize up to 600 Voc (open circuit voltage) PV or wind to charge 48 Vdc battery systems. Rated for 60 Amps, our TriStar MPPT 600V controller does much more than efficiently charge batteries; it also provides remote communications, data logging, adjustability and metering. In fact, the TriStar MPPT 600V controller is the only 600-volt PV controller to offer open communication protocols and true Ethernet-enabled functionality. The TriStar MPPT 600V charge controller may be purchased with or without a pre-wired DC Disconnect Box. The pre-wired DC Disconnect Box version (model TS-MPPT-60-600V-48-DB) is acceptable for use with positively-grounded or negatively-grounded PV systems and helps to save on installation time and cost. Key Features & Benefits Morningstar's products are built from the inside out to deliver more than twice the industry average operating life. The TriStar MPPT 600V charge controller delivers high reliability and excellent performance and features: The industry's best-in-class power efficiency Morningstar's advanced 4-stage charging algorithm to optimize battery health Robust thermal, mechanical and electrical design Environmentally optimized and equipped with extensive electronic protections Industry standard open communication protocols and interfaces for system networking, monitoring and communications Superior lightning protection from nearby lightning-induced voltage/current spikes Applications The TriStar MPPT 600V charge controller's high voltage capability and flexible design enable several application scenarios including: Off-grid PV systems greater than 150 Voc with long wire runs from the array to the controller New installation grid-tie PV systems with battery back-up Retrofitting string PV inverter systems to later add battery back-up without changing the PV array configuration Battery-based Wind systems Attachments Morningstar TriStar MPPT 600V Charge Controller Datasheet Morningstar TriStar MPPT 600V Installation & Operation Manual Morningstar Ground Fault Protection Device Datasheet DIAGRAM: Charging with Parallel Controllers DIAGRAM: Correct Inverter Wiring DIAGRAM: Parallel Battery String Wiring PWM vs. TrakStar MPPT Technology TrakStar MPPT Technology and Maximum Input Power Product Accessory Compatibility Matrix Related Items Morningstar TriStar MPPT Solar Controller TS-MPPT-45 Price: $421.49 Add to Cart Morningstar TriStar MPPT Solar Controller TS-MPPT-60 Price: $529.10 Add to Cart Morningstar TriStar TS-45, 45A Solar Charge Controller Price: $157.90 Add to Cart Morningstar TriStar TS-60, 60A Solar Charge Controller Price: $204.70 Add to Cart Morningstar EIA-485 / RS-232 Communications Adapter RSC-1 Price: $63.55 Add to Cart Morningstar Ground Fault Protection Device GFPD-150V Price: $201.49 Add to Cart Morningstar Ground Fault Protection Device GFPD-600V Price: $362.99 Add to Cart Morningstar SureSine Pure Sine Wave Inverter SI-300-115V-UL 300Watts Price: $242.05 Add to Cart Morningstar SureSine Pure Sine Wave Inverter SI-300-220V, 300 Watts Price: $198.85 Add to Cart MK Battery Deka Solar 12V Gelled-Electrolyte 8G22NF-DEKA Price: $161.80 Add to Cart MK Battery Deka Solar 12V Gelled-Electrolyte 8G8DLTP-DEKA Price: $625.00 Add to Cart Midnite Solar MNBE-A Battery Enclosure Price: $417.99 Add to Cart


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Update the bath with color and pattern. A lavish paisley design shields each shower with style.
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text:
Mechanism for folate-independent aldolase reaction catalyzed by serine hydroxymethyltransferase
Version of Record online: 23 DEC 2011
DOI: 10.1111/j.1742-4658.2011.08443.x
© 2011 The Authors Journal compilation © 2011 FEBS
The FEBS Journal
Volume 279, Issue 3, pages 504–514, February 2012
Additional Information
How to Cite
Chiba, Y., Terada, T., Kameya, M., Shimizu, K., Arai, H., Ishii, M. and Igarashi, Y. (2012), Mechanism for folate-independent aldolase reaction catalyzed by serine hydroxymethyltransferase. The FEBS Journal, 279: 504–514. doi: 10.1111/j.1742-4658.2011.08443.x
Publication History
- Issue online: 18 JAN 2012
- Version of Record online: 23 DEC 2011
- Accepted manuscript online: 5 DEC 2011 11:50AM EST
- (Received 24 September 2011, revised 15 November 2011, accepted 29 November 2011)
- Abstract
- Article
- References
- Supporting Information
- Cited By
Fig. S1. Multiple-sequence alignment of SHMTs from bacteria and archaea obtained using clustalw program on UniProt server. Asterisks denote identical residues. Colons and periods correspond to highly and weakly conserved residues. White letters on black ground and dark-shaded letters indicate amino acids expected to form hydrogen bonds and hydrophobic interactions with l-allo-threonine–PLP aldimine, respectively, based on sequence similarity with bsSHMT, whose crystal structure is determined in complex with l-allo-threonine.
Please note: As a service to our authors and readers, this journal provides supporting information supplied by the authors. Such materials are peer-reviewed and may be re-organized for online delivery, but are not copy-edited or typeset. Technical support issues arising from supporting information (other than missing files) should be addressed to the authors.
|Supporting info item
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Member Favorites: 7
Kanade Yuzuriha (杠 花奏)He is the one Nino met at the beach when they were young and the one who gave Nino the nickname "Alice." One day he just stopped coming at the beach. After a few years, he met Nino again in high school, and he's still deeply in love with her.
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The Riva Hat, as part of Quince and Co.'s Sea Smoke collection (which also features a sweater I definitely want to knit), is a must knit. 158 more words
Tags » WIP's
fair isle, in progress.
Here's progress on my First Fair Isle Sweater by yu co, featured in Amirisu magazine. I actually had to rip a few rows back because I forgot to change my background color to the cast iron, and I want to follow the fair isle pattern as written. 182 more words
WIP Wednesday
I am looming again. Its fast and easy. oh and fun!
I bought more yarn. This is called Premier Yarns Saturate in the color Zinnia. Its from the Deborah Norville Collection. 143 more words
This August, I finally started Amirisu's First Fair Isle sweater as part of the So Very Shannon Brooklyn Tweed sweater knit along. I bought my L0ft yarn in the above colorways for this sweater back last winter and am finally getting around to knitting this up. 40 more words
WIP Wednesday
I am still working on the Princess vs Villains c2c CAL. This week I am working on Aurora ( Sleeping Beauty) and Cruella Deville . She isn't part of Two Hearts Crochet CAL , someone from the facebook group used fiddle stitch to make up the graph.. 39 more words
WIP Wednesday
I know I should be working on my Ravellenic games loom projects but my hooks were SCREAMING at me this week.
The Princess vs Villains C2C CAL started last week over at… 100 more words
Just because it's Thursday
Hello June, glad to know we have hit that half way point in the year already. What? You weren't aware of this fact? Neither was I until I had to rip off the big page of May from my giant calendar (which I love by the way.) This year is going by quickly in a lot of respects, I mean here we are in June and while we haven't hit those overbearing hotter-than-the-surface-of-the-sun-days of summer yet, we have had our share of hot weather. 474 more words


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E-Investor/Trader Status
The E visa is for Treaty Traders or Investors who are nationals of a foreign country that has signed a treaty of commerce or its equivalent with the United States. Canada is one of these countries.
The Treaty Trader category (E-1) is for individuals who enter the United States to conduct trade between the United States and the country that has signed the treaty. The Treaty Trader must carry a passport from the country, and meet the following requirements:
- Applicant/trading firm must be a national of the treaty country;
- Substantial volume of trade between the U.S. and the treaty country (more than 50% of the firm's international trade);
- The international trade must be either: exchange of goods, services, and/or technology; and Applicant must be employed in a supervisory or executive position.
The Treaty Investor category (E-2) is for individuals who are coming to the United States to develop and direct the operation of a business in which the applicant is investing, or has a substantial investment in the U.S. (meaning that person or company has invested a significant amount of funds), and meet the following requirements:
- Investor (either a real or corporate person) must be a national of a treaty country;
- Investment must be substantial enough to ensure the successful operation of the business;
- Investment must be a valid active business (idle investments such as real estate, uncommitted funds in a bank account or security do not qualify);
- Investment must generate an income and employment for more than just the investor. Only providing a basic living for the investor and his/her family, as self employment, will not qualify.
The validity period of the visa will depend on the nationality of the applicant and the discretion of the visa officer. However E visas are usually valid for a period of three (3) to five (5) years. Although the applicant may be granted a visa that is valid up to five (5) years, treaty traders and investment traders may not be admitted initially into the United States for more than two (2) years and may not receive extensions that are valid for more than two (2) years.
For further details on the E non-immigrant category, please contact us for a consultation.


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2 Pages
An Introduction to the Importance of Providing Safe Abortions Overseas and the Issue of Republic Hating Women's Rights
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Pages: 2
Word Count: 690
Category: Sociology
Sub-Category: Gender and Women's Studies
Topic: Abortion Debate
Word Count: 690
Pages: 2
Abortions in foreign countries has been controversial since 1995 when Republicans began using foreign aid legislation as leverage to gain restriction on overseas abortions The Mexico City Policy know for its name after former President Regans conference in that city was established in 1984 Opponents of this policy call it a global gag rule The policy was a ban on Federal aid money to overseas organizations that provide abortion counseling or speak publicly in support of abortion even if they use their own funds to do so Former President Clinton repealed the Mexico City Policy immediately upon taking office in 1993 US tax dollars have been pumped without restrictions into the coffers of organizations that promote and carry out abortions overseas chief among these being the International Planned Parenthood Federations In January 2001 when President George Bush took office one of his first actions was to sign an executive order banning Federal aid money to overseas organizations that provide abortion counseling President Bush says it is my conviction that taxpayer funds should not be used to pay for abortions advocate or actively promote abortions either here or abroad The International Planned Parenthood Federation believes that this move would result in-groups that provide family planning information being shut down A reproductive right organization sued President Bush challenging the constitutionality of the governments ban on aid for family planning groups that discuss or advocate abortion right abroad The federal lawsuit also names Secretary of State Colin Powel and Andrew Natsios administrator of the US Agency for International Development Planned Parenthood receives 200 million in taxpayer money from the government Currently 54 countries allow abortions which are about 61 percent of the world population The Alan Guttmacher Institute reports approximately 22 million legal abortions were reported in 1987 It is estimated that between four and nine million were not reported totaling 26-31 million legal abortions in 1987 alone There were a total of 10-22 million clandestine abortions
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New York Supreme and/or Appellate Courts Appellate Division, First Department
October 2, 2012
LILLIAN N. NALL, ET AL., PLAINTIFFS-APPELLANTS, ESTATE OFv.DAWN POWELL, ET AL., DEFENDANTS-RESPONDENTS, KAREN POWELL, ET AL., DEFENDANTS.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on October 2, 2012
Friedman, J.P., Acosta, Abdus-Salaam, Manzanet-Daniels, Roman, JJ.
Order, Supreme Court, New York County (O. Peter Sherwood, J.), entered March 29, 2012, which, in an action seeking specific performance, declaratory relief and an injunction, inter alia, granted defendants-respondents' motion to dismiss the complaint as untimely and denied plaintiffs' cross motion for leave to amend the complaint, and order, same court and Justice, entered March 19, 2012, which, inter alia, determined that defendant York Amusement Co., Inc. does not require the consent of a supermajority of its shareholders pursuant to Business Corporation Law § 909 to lease its New York City commercial property, unanimously affirmed, without costs. Appeal from order, same court and Justice, dated April 23, 2012, which declined to sign plaintiffs' order to show cause seeking renewal or vacatur of the prior orders, unanimously dismissed, without costs, as taken from a non-appealable paper.
The complaint is untimely under the four-year California statute of limitations governing contract actions (see CPLR 202). Plaintiff Nall is a California resident, and the economic impact of her claimed injury was sustained in that state (see Global Fin. Corp. v Triarc Corp., 93 NY2d 525 [1999]). Nall's attempt to carve out a real estate transfer exception to the general rule articulated in Global Fin. Corp. is unpersuasive. Plaintiffs contend that the parties had a reasonable time to close after the scheduled December 31, 2004 closing date set forth in their term sheet agreement because the term sheet agreement did not provide that time was of the essence, and that the determination of a reasonable time ordinarily presents a question of fact. However, this action was commenced 2½ years after the 4-year limitations period had expired, and that interval was not adequately explained. Plaintiffs' allegations regarding the parties' agreements to extend some of the term sheet deadlines are conclusory (see Pitcock v Kasowitz, Benson, Torres & Friedman, LLP, 80 AD3d 453, 454 [1st Dept 2011], lv denied 16 NY3d 711 [2011]). The events that plaintiffs allege occurred in 2005 and 2006 would not sufficiently postpone the date of the accrual of their claim. In view of the foregoing, it is unnecessary to address defendants' alternative argument that the term sheet was merely an unenforceable agreement to agree. As to plaintiff's motion for leave to amend, the proposed pleading does not remedy the deficiencies of the complaint (see Thompson v Cooper, 24 AD3d 203, 205 [1st Dept 2005]).
Business Corporation Law § 909 does not apply to the leasing of York's Seventh Avenue building because the proposed lease does not constitute a transfer of all or substantially all of York's assets, which include other commercial properties, and was not made outside of the ordinary course of York's actual business (see Soho Gold v 33 Rector St., 227 AD2d 314 [1st Dept 2006], lv denied 89 NY2d 806 [1997]). The building has long been leased commercially, except for a recent period of several years when it was vacant and in need of renovations. Contrary to plaintiffs' contention, the motion court's determination of this issue was not procedurally improper.
No appeal lies from an order declining to sign an order to show cause (Kalyanaram v New York Inst of Tech, 91 AD3d 532 [1st Dept 2012]; Naval v American Arbitration Assn, 83 AD3d 423 [1st Dept 2011]; Nova v Jerome Cluster 3, LLC, 46 AD3d 292 [1st Dept 2007]).
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decided: March 25, 1974.
COMMONWEALTHv.WILLIAMS, APPELLANT
Appeal from order of Superior Court, Oct. T., 1971, Nos. 1594, 1595 and 1596, affirming judgments of sentence of Court of Common Pleas, Trial Division, of Philadelphia, Feb. T., 1969, Nos. 595, 596 and 597, in case of Commonwealth of Pennsylvania v. Joseph Williams.
Abraham T. Needleman, Dennis H. Eisman, Joel D. Caney, Gerald A. Stein, and Needleman, Needleman, Tabb & Eisman, Ltd., for appellant.
Benjamin H. Levintow and Milton M. Stein, Assistant District Attorneys, Richard A. Sprague, First Assistant District Attorney and Arlen Specter, District Attorney, for Commonwealth, appellee.
Jones, C. J., Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ.
[ 456 Pa. Page 620]
Judgments of sentence reversed and a new trial awarded. Commonwealth v. Contakos, 455 Pa. 136, 314 A.2d 259 (1974).
Judgments of sentence reversed and new trial awarded.
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Doctor insights on:
I Have Been Running A Fever For 4 Days
I have been running a fever for 4 days?
See a Dr.: Fever may be caused by many things, may be by something simple like a cold but also by meningitis, septicemia or very dangerouse diseases. Go to dr to be examined. ...Read more
Fever (Definition)
Fever is the temporary increase in the body's temperature in response to some disease or illness. A child has a fever when the temperature is at or above one of ...Read more
I have been running a fever of 101.4 a few days I don't have a cold but my head hurts and I been drinking a lot of water can I take tyndol?
Tindol??: Are you referring to Tindol (antifungal from Malaysia)?. Were you already taking it? Are you referring to Tylenol? If so - that is fine Sorry - I can not find any information on a medication named Tyndol. ...Read more
I have been running fever off and on for 4 days. Went to doctor yesterday. He was not alarmed. He said it is upper respiratory virus. No antibiotics.
And that's logical.: If you do in fact have a viral infection and it's not a high fever, then there are no antibiotics that will help you. Common misconception, the common cold can't be treated with anything other than tincture of time and the right things to boost immunity, vitamin d, c, rest and fluids. Chicken soup really works. ...Read moreSee 1 more doctor answer
My daughter has painfil little blisters in her bottom lip she has been running fevers for four days now what can I do to help her she is 3?
Stomatitis: Have you checked for similar lesions inside the mouth? If so, she could be suffering from primary herpetic stomatitis, a herpetic viral infection. Be careful to not allow dehydration. As my colleague pointed out, it could be hand/foot/mouth disease, also viral and needs care in the same fashion. Self limiting. Good luck! ...Read moreSee 1 more doctor answer
My 14 year old son has had strep throat for 7 days now. He is still running a 100+ fever every now and then. He has been on amoxicillin for four days?
Re exam : With adequately treated strep, fever should be resolved by day 4. Have him seen again if he wakes with a fever tomorrow. How was strep diagnosed? By rapid test? By culture? How is his pain? Is he having any drooling or trouble swallowing? Asymmetry of tonsils? Persistent infection can hide various places. Also, if no cx or testing done, several viruses may be culprit, mononucleosis among them ...Read moreSee 1 more doctor answer
For the last three or four nights been running a fever around 101.3 but during the day its normal temperature is this normal?
Fever: It is not normal to have nightly fevers. Given your history of lung disease, skin infections, and bone grafting it is important to see your doctor right away to determine the source of your fever. ...Read moreSee 1 more doctor answer
My four month is running a fever of 101.9 she got her shots today. Should I call her doctors?
Read advice first: Pediatricians always give an informatoin sheet when little ones get shots. Read that first. If that doesn't provide you with guidance,then yes, call the doctor. ...Read more
My 6 month old son got his 6 months shot on Thursday and is still running fever between 100 and 103.giving Tylenol every four hours. Urine test - ve.
48 hours of fever: Poor baby! This timeline is definitely in the realm of fever related to vaccines. I would decide according to how the baby is looking after a dose of motrin. If he perks up and gives you a smile with a dose of motrin, then you can watch him tonight. if he appears ill, is not feeding well, or is hard to console, then bring him to the ER now. ...Read moreSee 1 more doctor answer
My 6yr old has been running a fever for 4 days now, appetite is ok but a couple of weeks ago we had her stool tested and there was blood there. ?
May need to be seen: While fevers and even blood in the stool can be from fairly benign causes, anytime a fever starts to last for close to 5-7 days, it could mean a more serious problem. While a good appetite is reassuring, it would be important to explore other symptoms. Also, blood in the stool from a few weeks ago, may or may not relate to this problem. Need to know why it was checked then. If child sick, be seen! ...Read more
I am a 33 year old female and have been running a fever (101 - 103) a couple days a week for about 2 months. I am also shaking violently about once or twice a week, lasting 1-4 hours per episode. ?
Time to consult a Do: You need to consult a doctor for complete medical check up and evaluation. Any recurring fever requires check up to find the cause which can be an infection, an inflammatory conditions or even cancer. It is now time to go see your doctor without any further delays ...Read moreSee 1 more doctor answer
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