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United States District Court, N.D. California
April 19, 2004.
DANIEL J. BERNSTEIN, Plaintiff,
UNITED STATES DEPARTMENT OF COMMERCE, et al, Defendants and McGLASHAN & SARRAIL, THE FIRST AMENDMENT PROJECT, LEE TIEN, CINDY A. COHN, ROBERT CORN-REVERE, Applicants for Intervention
MEMORANDUM AND ORDER Re: Motion to Intervene
In 1995, plaintiff Daniel Bernstein filed an action against the United
States Department of State seeking declaratory and injunctive relief from
enforcement of the Arms Export Control Act and the International Traffic
in Arms Regulations. After several years of litigation and a trip to the
Ninth Circuit, the case was resolved on summary judgment when on July
28, 2003, this court granted defendants' summary judgment motion on
plaintiff's second amended complaint, concluding that plaintiff lacked
standing. Now before the court is a motion to intervene by plaintiff's
former attorneys, McGlashan & Sarrail, the First Amendment Project, Lee
Tien, Cindy A. Cohn, and Robert Corn-Revere ("applicants"). Applicants
seek to recover attorneys' fees under the Equal Access to Justice Act
("EAJA"), 28 U.S.C. § 2412. After having considered the parties'
arguments, and for the reasons stated herein, the court rules as
follows. BACKGROUND*fn1
I. Facts
Bernstein is an associate professor in the Department of Mathematics,
Statistics, and Computer Science at the University of Illinois at
Chicago. His research interests include cryptography, a field of applied
mathematics that uses computer programs to encrypt electronic
communications. Encryption converts a set of data into code, and a strong
encryption system can ensure data integrity, authenticate users, link
messages to their senders, and maintain confidentiality. In June 1992,
Bernstein submitted source code for an encryption algorithm he called
"Snuffle," together with papers explaining the program, to the Department
of State. Under the then-current Arms Export Control Act ("AECA"),
22 U.S.C. § 2278, and the International Traffic in Arms Regulations
("ITAR"), 22 C.F.R. § 120-30, the Department of State determined that
"Snuffle" was a "defense article" subject to limited export of encryption
items and that it required a license for export under the United States
Munitions List ("USML"). Bernstein v. Dep't of Commerce, No. 95-0582
(N.D. Cal. July 28, 2003) (order granting defendant's motion for summary
In 1994, plaintiff entered into a Pro Bono Representation Agreement
("Agreement") with applicant McGlashan & Sarrail for the purposes of
seeking declaratory and injunctive relief against the United States. The
Agreement includes three clauses concerning the disposition of attorneys'
fees in the plaintiff's case. Section 2 of the Agreement provides:
2. Attorney's Fees. Our office will not bill you
for the legal services which we perform on your
behalf. We have decided to take this case on a pro
bono basis. We will, however, pursue the recovery
of attorneys fees, and costs and other expenses
under applicable law.
7. Withdrawal or Termination. We and any other
attorney we have associated on this matter may
withdraw from your representation at any time after
giving you reasonable notice. You may also terminate
our services at any time. If we withdraw from
representing you or are terminated by you, we shall be
entitled, upon successful conclusion of the case, to
pursue the recovery of attorneys fees, under any
applicable law equal to the reasonable value of the
services we have performed up to the date of our
5. Association of Other Attorneys. We may, at our
sole discretion and expense, associate any other
attorneys in the representation of your claim. The
terms of such association, if any, will be disclosed to you. Such associated
attorneys may also pursue recovery of attorneys
fees. At this time, it appears that Lee Tien and
also Shari Steele of the EFF will act as either
associated counsel or legal consultants.
II. Procedural History
Plaintiff originally brought this action against the Department of
State seeking declaratory and injunctive relief from defendants'
enforcement of the AECA and the ITAR, contending that the export controls
were unconstitutional both on their face and as applied. After transfer
of enforcement responsibility to the DOC, several revisions to the
contested export regulations, years of litigation, and an appeal to the
Ninth Circuit,*fn2 the court held in July 2003 that plaintiff no longer
had standing in light of particular revisions to the export regulations
and several DOC advisory opinions; these advisory opinions informed
plaintiff that, because of the regulation revisions, he was no longer
subject to prosecution based on the export restrictions at issue.
Accordingly, the court entered summary judgment for the defendants on
July 28, 2003. Bernstein v. Dep't of Commerce, No. 95-0582 (N.D. Cal.
July 28, 2003) (Patel, C.J.).
Plaintiff filed a motion for reconsideration on August 6, 2003, which
this court denied on August 18, 2003. The period during which plaintiff
could have appealed the denial expired on October 17, 2003. See
Fed.R.App.P. 4(a)(1)(B) & 4(a)(4)(A)(iv). Thirty-one days later, on
November 17, 2003,*fn3 applicants filed an ex parte Miscellaneous
Administrative Request to Extend Time seeking to extend the deadline for
filing motions for attorneys' fees to December 15, 2003. The court
granted the request on November 21, 2003. On December 15, 2003, the
applicants 1) entered a stipulation with the parties extending the time to
file motions regarding applicants' eligibility for attorneys' fees,*fn4
and 2) moved to intervene under Federal Rule of Civil Procedure 24(a)(2)
as plaintiffs in the present action for the purposes of collecting
attorneys' fees under the EAJA, 28 U.S.C. § 2412. LEGAL STANDARD
Under Federal Rule of Civil Procedure 24, a non-party may move to
intervene in a federal action either as a matter of right or with the
court's permission. Fed.R.Civ.P. 24(a) & (b). To intervene as a matter
of right, a non-party must show: 1) that it has a significant protectable
interest relating to the property or transaction that is the subject of
the action; 2) that the disposition of the action may, as a practical
matter, impair or impede the applicants' ability to protect their
interest; 3) that the application is timely; and 4) that the existing
parties may not adequately represent the applicants' interest. S. Cal.
Edison Co. v. Lynch, 307 F.3d 794, 802 (9th Cir. 2002) (citing United
States v. City of Los Angeles, 288 F.3d 391, 397 (9th Cir. 2002)); see
also League of United Latin Am. Citizens v. Wilson 131 F.3d 1297, 1302
(9th Cir. 1997) (holding that all four requirements must be satisfied).
Applicants have a "significant protectable interest" in an action if 1)
they assert an interest that is protected under some law, and 2) there is
a "relationship" between their legally protected interest and the
plaintiff's claims. S. Cal. Edison, 307 F.3d at 803 (citing Donnelly v.
Glickman, 159 F.3d 405, 409 (9th Cir. 1998)). The interest at stake need
not be a specific legal or equitable interest, but the would-be
intervenor must be able to show "a protectable interest of sufficient
magnitude to warrant inclusion in the action." Smith v. Pangilinan,
651 F.2d 1320, 1324 (9th Cir. 1981).
Under the EAJA, a prevailing party has thirty days from the date of
final judgment in an action to file an application for attorneys' fees.
Section 2412(d)(1)(B) of the EAJA provides, in relevant part:
A party seeking an award of fees and other expenses
shall, within thirty days of final judgment in the
action, submit to the court an application for fees
and other expenses which shows that the party is a
prevailing party and is eligible to receive an award
under this subsection. . . .
The court starts with the principle that the EAJA is a statute that
waives sovereign immunity. Auke Bay Concerned Citizen's Advisory Council
v. Marsh, 779 F.2d 1391, 1392-93 (9th Cir. 1986). Such waivers are
bounded by the explicit terms of the statute. See, e.g., Ardestani v.
INS, 502 U.S. 129, 137 (1991) (strictly construing the EAJA partial waiver of sovereign immunity
in favor of the United States according to the terms of the statute). In
this case, the EAJA's thirty-day limitation period for submitting fee
applications is jurisdictional. Yang v. Shalala, 22 F.3d 213, 216 n.4 (9th
Cir. 1994) (stating that EAJA thirty-day limitation is jurisdictional for
purposes of filing for attorneys' fees against an agency under
5 U.S.C. § 504); Auke Bay, 779 F.2d at 1393 (9th Cir. 1986) (holding that
the thirty-day limitation period under EAJA is jurisdictional).
"[A]litigant's failure to clear a jurisdictional hurdle can never be
`harmless' or waived by a court." Torres v. Oakland Scavenger Company,
487 U.S. 312. 317 n.3 (1988). Thus, a failure to file an application for
fees under the EAJA within thirty days of a final judgment deprives the
court of jurisdiction to consider an application for attorneys' fees.
See, e.g., Columbia Mfg. Corp. v. Nat'l Labor Relations Bd., 715 F.2d 1409
(9th Cir. 1983) (holding that, because the EAJA filing deadline was
jurisdictional, the NLRB was compelled to apply the thirty-day limit
strictly to fee applications under 5 U.S.C. § 504). Neither the court nor
the parties may create subject matter jurisdiction where none exists.
In this case, the applicants did not comply with the EAJA's
jurisdictional time limit. The last day for the applicants to file an
application for fees under the EAJA was November 17, 2003. On that date,
the applicants filed a Miscellaneous Administrative Request to Extend
Time for the purpose of allowing the applicants and the existing parties
to complete the meet and confer process required by Civil Local Rule
54-5.*fn5 While the court granted this request, it had no authority to
do so because the EAJA time limit is jurisdictional. For the same
reason, moreover, the parties could not stipulate to extend the
deadline. See id. at 1409. Thus, the applicants did not then and cannot
now file their application for fees within the jurisdictional time
The applicants argue that the court should equitably toll the EAJA
filing deadline. This court need not decide whether equitable tolling
would be available to extend the EAJA's jurisdictional time limit because
the applicants have not put forth a sufficient equitable basis for
invoking the doctrine. Equitable tolling generally applies when
"extraordinary circumstances beyond [applicants'] control made it
impossible to file the claims on time." Seattle Audubon Soc'y v.
Robertson, 931 F.2d 590, 595 (9th Cir. 1991), rev'd on other grounds.
503 U.S. 429 (1991). Courts apply the doctrine of equitable tolling
"sparingly." Scholar v. Pacific Bell, 963 F.2d 264, 268 (9th Cir. 1992).
Equitable tolling may apply "in situations where the claimant has
actively pursued his judicial remedies by filing a defective pleading
during the statutory period, or where the complainant has been induced or tricked by his adversary's
misconduct into allowing the filing deadline to pass." Irwin v. Dep't of
Vets. Affairs, 498 U.S. 89, 96 (1990). Equitable tolling is
inappropriate, however, "where the claimant failed to exercise due
diligence in preserving his legal rights." Id. (citing Baldwin County
Welcome Ctr. v. Brown, 466 U.S. 147, 151 (1984)).
The applicants have demonstrated no extraordinary circumstances beyond
their control that would have caused them to miss the filing deadline.
They had been in contact with the defendants and plaintiff since at least
October 7, 2003, regarding attorneys' fees. Coppolino Dec., Exh. 1.
Defendants asked the applicants to provide a basis for their view that
they were entitled to fees under the EAJA on October 21, 2003, see
Coppolino Dec., Exh. 2, to which the applicants responded on October 22,
2003, that they would draft memo on the issue. Id. at Exh. 3. The
applicants also exchanged email with plaintiff on the subject beginning on
October 1, 2003. Bernstein Dec., Exh. H. While defendants did not inform
applicants that they would not stipulate to an extension until November
17, 2003, they did not induce or trick applicants into missing the
deadline. Applicants have known since August 18, 2003 (and certainly
since October 1, 2003 when they raised the issue with plaintiff) that the
EAJA deadline was approaching.
Applicants cannot argue that they failed to meet the EAJA deadline
because they relied upon this court's order granting the applicants'
request to extend time by thirty days. The court granted the request on
November 21, 2003, three days after the EAJA filing deadline. An
extension granted by the court after a filing deadline has passed cannot
be a reasonable basis for applicants to believe that a deadline can be
extended. Nor does their administrative request constitute "actively
pursu[ing . . .] judicial remedies by filing a defective pleading during
the statutory period." Irwin, 498 U.S. at 96. In this case, equitable
tolling, even were it available to extend a jurisdictional time limit, is
inappropriate because the applicants "failed to exercise due diligence in
preserving [their] legal rights." Id. The applicants' request for
additional time was also not a deficient pleading of the type
contemplated in Irwin:*fn6 it was a request for an extension of time the
court could not grant. This is a classic example of a failure to exercise
reasonable diligence in preserving legal rights-a failure that equitable
tolling is not designed to remedy. Therefore, applicants are not entitled
to intervene pursuant to Federal Rule of Civil Procedure 24(a)(2).*fn7 CONCLUSION
For the reasons stated above, the court DENIES the Motion to Intervene
by applicants McGlashan & Sarrail, the First Amendment Project, Lee
Tien, Cindy A. Cohn, and Robert Corn-Revere.
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decided: June 21, 1974.
COMMONWEALTHv.HOLLOWAY, APPELLANT
Appeal from judgment of sentence of Court of Common Pleas, Trial Division, of Philadelphia, May T., 1972, No. 436, in case of Commonwealth of Pennsylvania v. Barney Holloway.
Holly Maguigan and John W. Packel, Assistant Defenders, and Vincent J. Ziccardi, Defender, for appellant.
Louis A. Perez, Jr., and David Richman, Assistant District Attorneys, Abraham J. Gafni, Deputy District Attorney, Richard A. Sprague, First Assistant District Attorney, and F. Emmett Fitzpatrick, District Attorney, for Commonwealth, appellee.
Watkins, P. J., Jacobs, Hoffman, Cercone, Price, Van der Voort, and Spaeth, JJ. Opinion by Cercone, J.
[ 229 Pa. Super. Page 129]
The instant appeal comes before us after a non-jury trial, wherein the court found the appellant, Holloway,
[ 229 Pa. Super. Page 130]
guilty of receiving stolen goods. Holloway raises two issues for our consideration: (1) That there was no probable cause to arrest him prior to the officer's ascertaining that the goods were stolen; (2) That there was insufficient evidence to establish that he had the guilty knowledge required to sustain a charge of receiving stolen goods.
On the evening of April 1, 1972, a police officer was patrolling a high burglary area in Philadelphia. At that time the officer observed the appellant put a large object on the sidewalk and walk away from it. He then stopped the appellant ten to twenty feet from the object and asked the appellant what it was that he had just abandoned, but the appellant denied that he had abandoned anything. The officer then walked him back to the object which turned out to be a stereo amplifier. Although the officer had no personal knowledge that the amplifier was stolen, he took the appellant and the amplifier to the police station for further investigation. The officer thereupon discovered that the amplifier had indeed been recently reported as stolen.
Prior to trial both the assistant district attorney and the public defender agreed to stipulate that the amplifier was taken from an apartment and that the appellant did not have permission to take it. The apparent intention for so doing was to avoid the necessity of bringing the owner in as a witness.
There was probable cause to make an arrest when the appellant denied that he had abandoned the amplifier despite the fact that the officer saw him do so. Probable cause to arrest exists if the facts and circumstances within the officer's knowledge are sufficient to warrant a man of reasonable caution in the belief that the suspect had committed or is committing a crime: Commonwealth v. Murray, 437 Pa. 326 (1970). The officer under the instant facts had probable cause to
[ 229 Pa. Super. Page 131]
believe that criminal activity was afoot. He was properly suspicious about someone in a high burglary neighborhood carrying part of a stereo set on the street after dark. As the officer testified: "I figured, you know, the way he put it down and walked away from it, I figured something was wrong here, you know, more or less he was trying to hide something." This belief was solidified when the appellant denied ever having had possession of it. It is only probability, and not a prima facie showing of criminal activity that is the standard of probable cause for arrest: Id. If the officer had known of a complaint when he took the appellant into custody, he would have had all the evidence presented at trial, i.e., prima facie evidence of guilt beyond a reasonable doubt.
The appellant also argues that Commonwealth v. Henderson, 451 Pa. 452 (1973) and Commonwealth v. Owens, 441 Pa. 318 (1970), require a reversal of the lower court's judgment of sentence. We disagree. Those cases merely hold that an inference of guilty knowledge may not arise from mere possession of the goods unless, under the circumstances, the possession was relatively proximate to the time the crime was committed. Despite the fact that there was no evidence presented in this case of when the stereo was stolen, the appellant's denial that he had the amplifier in his possession was an independent and sufficient basis for the inference of guilty knowledge.
We affirm.
Judgment of sentence affirmed.
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Filza Amaro, Filza Jordan, Filza Moussa, Filza Cherif, Filza Soltani
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have seen no progress. >> took 11 years of my life away. and i have got it back. >> a cleveland woman held hostage for more than a decade confronts her kidnapper. >> i'm not a monster. >> the state department as ordered the shutdown of consulates and embassies in muslim countries this sunday. >> we are extremely disappointed the russian government would take this step. >> tension escalate between the u.s. and russia after edward snowden is granted temporary asylum. >> beyon belief. >> blaring of a train announcer. >> from across the bay to around the world, the stories that matter on "kpix 5 news this morning. captions by: caption colorado email@example.com >> your realtime captioner: linda marie macdonald. good morning. friday is here. it's august 2. i'm frank mallicoat. >> i'm michelle griego. time now is 6:00. we all want to know what the weekend forecast is going to be like. >> days flying by, guys. looks like it will be a much nicer day today.
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temperatures changing a little bit over the weekend but this is about as nice as it's been all week long. take a look at this shot from our mount vaca cam. skies have cleared out nicely. we have a lot of smoke early on this week. most of that is gone too. we have more clouds inside the bay. that's not a big surprise. we have seen that all week long, as well. looks like by the afternoon a little more sunshine and the temperatures going to start to warm up. right now a little cool in spots in the north bay. 47 degrees in santa rosa. 55 in san francisco. 55 also in san jose. this afternoon, we'll see some sunshine, temperatures just a little bit warmer outside. yesterday we had some 70s and 80s inland. this afternoon moving well into the 80s. 90 in the hottest spots about 67 degrees, breezy into san francisco. let's check the roads with elizabeth. thank you, lawrence. unfortunately, off to a rough start. there's a backup heading toward the bay bridge toll plaza so there was an accident reported on the incline section or just past the incline couple of cars involved. the number 4 lane was block.
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crews are working to clear it. but in the meantime, they have been cycling slowly through the metering lights. it's jammed solid through the macarthur maze. 6:02 and it's at least 20 minutes to get on the bay bridge and it's growing. they turned on the metering lights about 15 to 20 minutes earlier than typical. so our "friday light" conditions over at the bay bridge are officially over for now. san mateo bridge, we had a stalled big regular reported on the high-rise section blocking one lane kind of in a dangerous spot where drivers were coming on it quickly. they are working to clear that and no major delays out of hayward even with the stall. that is traffic. back to you guys. >> thank you. developing news out of hayward. kpix 5 reporter anne makovec live now at an apartment complex where several cars got torched in an early-morning fire. good morning. >> reporter: firefighters wrapping up their work here. they are pretty sure the fire is out. all the hot spots are out.
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but the investigation into how this fire started is just beginning. take a look at the video from earlier. you can see the damage to six sneaks this carport. so much damage that it is going to be very difficult for investigators to figure out exactly how this fire started. there is an arson investigator on scene and people who live in this building here on pierce street in hayward are suspicious. >> i'm suspicious. my mama raised no fool, you know what i'm saying? i lived in neighbors where i seen cars get on fire but i have never seen seven cars get on fire altogether. this is a first. >> reporter: this fire started just after 3 a.m. there was damage to two outside sheds from radiating heat but none of the dozen people who live in this building are out of their homes. they are just out of their vehicles at this time. so the firefighters were able to get here quickly and put out
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the flames. they are only about 4 blocks away so they were here in a minute and a half and prevented the fire from spreading to the homes. live in hayward, anne makovec, kpix 5. a motorcyclist is dead after a bizarre accident overnight in oakland. he was crushed by that car there you see flipped over. it started when police got a report of an accident on adeline around 10:00 last night. they saw the motorcyclist on the ground and as they began to approach him, tragedy struck. >> another vehicle traveling at a height rate of speed came up behind them, collided with yet another vehicle and that vehicle flipped over a couple of times and again collided with the motorcyclist. >> police say that man on the motorcycle died at the scene. no one else was seriously injured. the drivers were detained at the scene for questioning. investigators are now determining whether alcohol might have been involved in the second crash. bart workers say they could have been on the picket lines monday morning. we are down to two days left
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before the contract extension runs out. they issued a 72-hour notice last night. kpix 5 reporter cate caugiran is in san francisco this morning with the last-minute efforts to reach a deal. >> reporter: talks are expected to resume this morning. the union plans to storm bart's board of directors meeting staffed for a negotiator they can actually work with. that's because there's been little movement over the major issues of salary and pension. the unions say they haven't had a raise in four years. bart says its employees deserve a raise. but a new contract needs to address the rising costs of their benefit packages. >> there's no question that bart employees should get a pay raise. but contracts that continue to allow bart employees to pay nothing toward their pensions and a flat rate for healthcare those contracts are no longer sustainable. >> this is not something that we want to do. it is not something we intend to do. the district has forced us nava
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right of ways as you guys are fully aware. >> reporter: the unions are not calling this a second strike but a resumption strike. whatever you call it, it will be a traffic nightmare. bart says they were disappointed in the union's move in announcing a potential strike, only set decisions back. unfortunately for the riders coming out of the embarcadero bart station behind me, this really is -- we're hearing there's no indication bart and the two unions will reach a deal by that monday deadline. we also know they will be at the bargaining table throughout the weekend. live in san francisco, cate caugiran, kpix 5. >> our exclusive kpix 5 surveyusa poll asked bart riders which side is making a better case. 44% say management is making a stronger argument. 19% say the unions are. 29% say neither. the rest say they are not sure. the poll has a margin of error of 4.3%. james fang says he is
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shocked about how little is getting done during the contract talks. the long-time bart board member says the session he attended had no communication and no progress. >> maybe that's a tactic and maybe that's ultimately breaking the union's spirit. might be a good thing. i just don't know if that's the most effective thing for the riders of the bay area. >> fang says he thinks he and other board members should be allowed in the room to help with those negotiations. kpix 5 will be on early at 4 a.m. should the strike happen come monday morning. you can also find our survivors guide to getting around without bart here in the bay area next week at kpix.com. berkeley police are searching for the suspect who shot a man near a popular bar. it happened shortly after 9:00 last night on san pablo avenue near the albatross pub. officers found the victim a 24- year-old man with multiple gunshot wounds. he later died at a hospital. the victim's name hasn't been released. other bay area headlines,
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the city of richmond is taking legal action against oil giant chevron. the suit addresses damages from that refinery fire that happened a year ago this month. the fire sent toxic smoke into the air prompting an estimated 15,000 people to get checked out at local hospitals. mayor gail mclaughlin will hold a news conference this morning. new tests on the eastern span of the bay bridge today the start of stress corrosion testing of anchor rods. 32 rods were found to be broken back in march. that's led to more delays in getting the bridge open. >> developing story out of syria this morning. a massive explosion at a weapons depot there. flames and plumes of smoke blanketed a neighborhood yesterday in the city of homs. opposition rebels are behind
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it. a security threat is forcing u.s. embassies and consulates in several muslim countries to close on sunday. cbs news' susan mcginnis reports the threat appears connected to al qaeda. >> reporter: the state department reacted to a security concern thursday ordering u.s. embassies an consulates across africa and the middle east to be shut on sunday. that includes diplomatic posts in egypt, israel and jordan. >> the department takes steps to balance our continued operations with security and safety. >> reporter: the state department stayed quiet on the details of the threat but the closings are tied to a nonspecific threat from al qaeda. without knowing an exact location, officials ordered all of the posts to close. embassies in qatar, kuwait, tel aviv, cairo and others all posted notices on their twitter pages. >> it's possible we may have additional days of closing as well depending on our analysis. >> reporter: security at u.s.
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embassies and consulates was tested last year. four americans including ambassador chris stevens were killed during a terrorist attack on the consulate in benghazi, libya last september 11th. the embassy in libya is among those that will be closed on sunday. u.s. officials are making this move without a lot of details. they say they are reacting out of an abundance of caution. in washington, susan mcginnis cbs news. >> those places are closed on sunday anyway. the white house is disappointed with russia for giving temporary asylum to u.s. fugitive edward snowden. the former security contractor left a moscow airport yesterday where he had been for weeks. russia says he can stay in the country for a year as long as he does not leave the country and does not leak any more u.s. secrets. >> this move by the russian government undermines a long- standing record of law enforcement cooperation, cooperation that has recently
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been on the upswing since the boston marathon bombings. >> the white house wants snowden back in the u.s. to face espionage charges for releasing information about surveillance programs. president obama is said to be reconsidering his upcoming summit with russian president vladimir putin planned for this fall in moscow. you have heard of old faithful. you could call this old unreliable. the world's largest geyser putting on a historic show. >> a new tool to help people with food allergies. the smartphone app that detects suspicious ingredients on the spot. >> and they promise not to mess up the order or get your name wrong. the coffee shop that's substituting robots now for baristas. >> and we have to talk about the weekend weather now. lots of sunshine coming our way today. but changes for the weekend coming up. we'll talk about that coming up. >> and they finally cleared that accident on the upper deck. so lanes are open. unfortunately we have a big wait behind the pay gates. your latest drive times coming up. ,,,,,,,,,,,,,,,,
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♪ all right, let's go ♪ shimmy, shimmy chocolate ♪ shimmy, shimmy chocolate ♪ we, we chocolate cross over ♪ yeah, we chocolate cross over ♪ [ male announcer ] fiber one 80 calorie chocolate cereal. ♪ chocolate with clusters, flakes, and o's. oh, ho, ho... it's the honey sweetness i...i mean, you...love. [ female announcer ] and with all these great cheerios flavors, the love just keeps on coming.
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dance class, shopping, and more. so do something nice for it. chevron with techron. care for your car. trains themselves. "attention.. train 151 approaching.." people who live near the san carlos train station are fed up with the noise but not from the trains themselves. >> attention, train 151 approaching. >> neighbors say they can hear loud announcements all day long from just after 5 a.m. until 11:30 p.m. >> the community does not need to be blasted on a constant basis on train arrivals or departures. >> caltrain says it continues to conduct tests. it also plans to buy different speakers that can better aim the noise downward at the station instead of towards the homes. at 5 a.m.? that would be a little jarring. >> when the blaring horns aren't bothering you -- >> the horns are kind of, i
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don't know, okay. that can
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a geyser at yellowstone natl park in wyoming finally decided to put on a show th
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week. it's the first time t steamboat geyser has erupte eight years and it kept it up for about 24 hours. it's the world s tallest ace geyser, at two- to three- hundred feet. in today's health watch... there's a new warning out at a popular pain reliever thay cause serious skin reaction the f-d-a says it will now require a warning on labelsf prescription drugs containi acetaminophen. it will also manufacturers to add warnino their over-the- counter medications. according to t f-d-a, the skin reactions are rare but can deadly. there may soon be a new sma phone application, for peop with food allergies. university of illinois researchers say they're developing a bio-sensor... connect to phones. the senss being designed to detect to, bacteria and allergens in f coffee making is going high-tech... robots may soon be replacing your favorite barista.
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this is a new coffee kiosk the university of texas in austin. the company that ma this kiosk says... the robo inside... "emulate the motis of a champion barista to precisely prepare specialty coffee drinks to your specifications." suspensions could come todar some big names in baseball. a-rod may be able to avoid a lifetime ban. "..." major league baseball couldd out suspensions to 14 female narrator: female narrator: closed captioning brought to you by sleep train.
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visit vacareers.va.gov. they are. they don't think like you and i. you know it. they just, they ignore us. totally. it's like we're only here to serve them. yeah, that's what i been saying. but then they turn around and fill you up with chevron with techron. i guess we're doing something right. yeah but, come on, humans? humans are weird. [ male announcer ] your car takes care of you, care for it. chevron with techron. care for your car. and what's up with the cat? [ laughter ] [ laughter ] got my eye on him.
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players... as soon as today. several reports say m-l-b officials have told the major league baseball could hand out suspensions to 14 players as soon as today. several reports say mlb officials told the new york yankees' alex rodriguez they are prepared to give him a lifetime ban unless he agrees to a lengthy suspension. >> major league baseball has to get this thing done this -- by no later than sunday. >> rodriguez and the other players are linked to the biogenesis clinic in florida whose owner reportedly supplied steroid abuse evidence to baseball investigators. the injuries keep piling up for the 49ers and one key player on defense is done for the year. chris culliver will be lost for the season after tearing an acl in practice. appeared in all 16 games in 2012. this guy patrick willis broke his hand during practice but the good news on willis is he should be back for opening day.
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yes. that is good news for the 9ers. matt cain went 8 innings and his giants didn't score a run until the 9th inning. nothing like waiting until the last second down a run giants struck 4-2, arias with the go ahead run off papelbon. sergio romo got out of the bases loaded jam. arias on the fielders' choice to end the game two straight wins for the giants. they beat the phillies 2-1. tiger woods shot a 66. he is tied for third after round 1 of the bridgestone invitational. look out, tiger's on the prowl. mv park trying to make history in the broach. a win would give her the first- ever women's grand slam. right now she is three off the lead tied for 18 will. that's sports. play of the day major league baseball, as well. kansas cities' lorenzo cain with an impressive catch at the fence.
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he is going to pull it back into the ballpark preventing the home run. great catch. royals beat the twins 7-2. kansas city hottest team in baseball right now has won nine in a row. he coming up, their rescue captured global attention. 33 chilean miners trapped underground for two months. the court ruling that's being called a slap in the face. >> and we have all been warned. bart workers are ready to strike monday if no deal is reached over the weekend. the last-minute maneuvering to avoid commuter chaos. >> an early-morning fire destroys six vehicles. coming up we have new video of this fire and we'll tell you why people who live here are suspicious. ,, ,,,,
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a carport fire lights up the early-morning skies in hayward. people who live in the apartment building next door are suspicious about how this started. >> prepare for a mess monday morning. the last-ditch effort to avoid a bart strike. >> time to get ready for the weekend. we'll talk about that coming up. >> and the bay bridge is backed up beyond the macarthur maze already this morning. why is it so jammed up? we'll let you know coming up. >> good morning. it's friday, august 2. i'm michelle griego. >> hi, everyone. i'm frank mallicoat. friday is here! it is 6:30. and just into our newsroom, some dramatic video from hayward firefighters. a carport going up in flames and destroyed several cars at an apartment complex in the east bay. kpix 5 reporter anne makovec
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live with a look at all the damage. anne. >> reporter: and the fire is out but investigators are just starting their investigation trying to figure out how this fire started. take a look at this video. you can see some of the damage here. six cars destroyed. the carport itself almost nonexistent. most of it was melted by the heat and flames. this is on pierce street in hayward. two outside sheds nearby were also damaged in this fire by radiant heat. and here is that video taken by the battalion chief right after they arrived at about 3:15 this morning. flames were shooting about 40 feet in the air. the fire station luckily is only about four blocks away so firefighters were able to get here very quickly. people who live in the nearby apartment building are just very grateful this morning that no one was hurt. >> i'm like i hope it doesn't go to the houses, you know, like, not to the material things but like all the neighbors, you know, personal
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things, i guess. >> reporter: the apartment building itself is just a few yards from the carport and there are about a dozen people that live in the apartment building. and now all of the people that i spoke with here are very suspicious about one particular resident. they believe he may have started the fire and in fact one of them actually punched this guy in the face. he was just taken away by an ambulance. the investigation continues. firefighters will not say right now if they believe this may have been arson. live in hayward, anne makovec, kpix 5. >> bart unions have given their warning. we should prepare for a second strike on monday. other unions supported bart workers in a rally in oakland last night. and this morning, there could be a new effort to governor jerry brown san francisco. mayor lee will meet with california's labor secretary at 10:00 to talk about bart. kpix 5 reporter cate caugiran is in san francisco this morning where there's still hope to reach a deal. cate. >> reporter: i'm sure riders are hoping for that for sure and the unions aren't actually calling this a second strike.
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they are calling it a resumption strike. no matter how you spin it for the riders coming out of the embarcadero station this morning, really it's going to come down to being a monday morning commute nightmare. now, right now the unions are placing the blame at bart's chief negotiator tom hock. he is thought to have a hardball tactic. bart says they are only picking about them because they can't talk about the issues. bart hopes to compromise but there is no indication from both bart and the unions of reaching a deal by that monday strike deadline. >> it looks during at this point. there is no evidence that the district or its negotiators are prepared to do anything differently than they have done in the last 30 days. >> we believe there is a way to both ensure that our employees are adequately compensated and that the public is served by reining in the rising cost of benefits. >> reporter: bart says they are
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extremely disappointed by thursday's move and a strike will only set things back like decision-making on salary and benefits that the two sides have yet to come to an agreement on. but talks are expected to resume this morning. we also know that the union plans on storming the bart directors meeting -- board of supervisors meeting this morning to ask for a -- board of directors meeting this morning to ask for a new negotiator. live in san francisco, cate caugiran, kpix 5. >> some big star power in support of the bart unions. actor danny glover joined leaders at their rally in oakland yesterday and he said he was glad to see such a big turnout. >> this is an important issue for not only the hard workers but the future of workers, this is not simply a -- a -- this is a strike that would resonate [ indiscernible ] >> he spoke at the rally and said he has recently been at other events to support workers
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in other parts of the country. >> we wanted to know what you would do instead of bart. our poll finds 55% say they are going to take a car. 15% say they will take a bus. and 7% say they will take a ferry. casual carpool is another option for those looking to get to work in case of strike monday. there are several locations to get a ride around the bay. the cost is around $1.20 for bridge tolls and gas and if a strike happens all bart station parking lots will remain open so you can carpool out of those and carpool lanes hours will be extended all day, as well. you can get casual carpool locations at our website, kpix.com. if there is a strike monday morning, tune in to kpix 5 at a special early start time. we'll be on the air at 4 a.m. for complete coverage. you can also find our survivors guide to getting around without bart at kpix.com. could be a very busy monday. >> many commuters are hoping for an agreement. >> i would venture to get about 100% of the bart riders are not
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going to be happy. >> not at all. >> some of us newscasters hope it works out. >> you don't want to start at 4:00 for the morning show? i like that. maybe that will be a trend. how exciting would that be. >> come on. [ laughter ] folks around the bay area today we are starting out with patchy fog this morning but it looks like it will be a nicer friday ahead. a lot of sunshine in the valleys already looking from our mount vaca cam really the nicest shot we have seen in quite some time. out over the bay still some low clouds and fog out there at this hour. we have seen it cool in the north bay valleys down to the 40s there, 50s elsewhere. this afternoon squeezing in some sunshine and warmer temperatures. let's plan on 80 in san jose and sunny and bright in afternoon. 85 in morgan hill. 78 milpitas. inside the bay cool. east bay numbers in the 80s. temperatures in san francisco about 67 degrees. all right. some place that could be very affected the roads but not yet. >> i know.
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it's true. monday morning, it will be an interesting morning for sure so enjoy it while we have some "friday light" traffic conditions now. we'll show you a good spot. coming from walnut creek southbound 680 flowing nicely this morning, approaching north main continues to look good actually on 24 through lafayette. an earlier problem spot we had a couple of different accidents approaching the albany turnoff another one in richmond. since those cleared out to the right hand shoulder our drive time is grown westbound 80 now down to 23 minutes from the carquinez bridge to the maze. also mass transit once again for now bart systemwide on time. and out towards the bay bridge, it is stacked up well into the maze this morning again that's because of an earlier accident on the upper deck. that is traffic. back to you. life in prison with no possibility of parole plus 1,000 years, that's the sentence for ariel castro, the man who held three women captive for years in a house of
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horrors. >> i spent 11 years in hell. now your hell is just beginning. >> michelle knight was the only victim who came to court yesterday and investigators say castro impregnated her five times in captivity then beat her so badly she miscarried. >> i will live on, you will die a little every day. >> most of the things that went on in the house as we all did was consensual. this -- this -- these things about being forceful on them is totally wrong. as god is my witness, i never beat these women. >> took three young women out of their significant relationships they had in their families, their communities and the time of their lives and you made them slaves and you treated them as if they were not people. >> castro says he blames it on
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sex addiction. no criminal charges will be filed in that mine collapse that trapped 33 miners underground in chile for more than two months. their jubilant rescue operation was watched around the world three years ago. who can forget that? a prosecutor now says there is not enough evidence to pursue a criminal case against the mine owners. the miners say they will appeal the decision. the cave-in brought the mine safety record and the nation's mining industry under close scrutiny. all of a sudden out of nowhere, bam. >> california woman snorkeling in maui is rammed by a shark. how she survived a frightening attack. >> and you can call it a bear's version of take-out. what happened when he tried to make off with an entire dumpster. coming up. >> and the markets reacting to a promising unemployment report. let's check the early numbers. not too good yet. coming up, we get an update from kcbs radio's financial reporter jason brooks. southern california school,, ,,,,
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teacher was snorkeling in hawaii out 30 feet from sho imagine how scary this must have been a retired southern california schoolteacher snorkeling in hawaii on vacation. only 30 feet away from the shore wednesday morning when a shark grabbed her. >> all of a sudden out of nowhere, bam. i have got bites on my back, of course on my hands. my ribs. >> stitches -- >> there's one staple up here and i guess there's some up on the back of my neck. >> the woman says she is glad the shark only bit her once and now they have signs on that beach to warn people about the attack. a freak accident in new york as a woman fell to her death from the balcony of her
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17th floor apartment. police say 35-year-old jennifer rosoff went out of side of her balcony yesterday morning and to talk and smoke a cigarette with her date when the railing broke. >> i knew something but not in my wildest dreams would i imagine this. >> she landed on a scaffolding below and died at the scene. check out these legislators in taiwan getting physical over a planned nuclear power plant. the fight started after a party that opposes the construction of the new plan blocked the doors with chairs. when members from the ruling party showed up, punches were thrown. no word as to what will happen with the nuclear power plant. by comparison the u.s. congress is more agreeable and the senate managed to agree on president obama's nominee for united nations ambassador. samantha power was approved
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yesterday by an 87-10 vote. she will replace susan rice whom the president named as national security advisor. our unemployment rate is lower than it's been in more than four years. >> here's kcbs radio's financial reporter jason brooks on this friday morning. good morning. >> reporter: good morning, frank. good morning, michelle. that surely is a positive takeaway from that july jobs report from the labor department as we saw the unemployment rate drop from 7.6 to 7.4%. that's the lowest it's been since 2008. however, the gain of 162,000 jobs last month was weaker than expected. economists were looking for 185,000 gain. we have seen unemployment claims fall over the past couple of weeks to the lowest level in years and adp had a strong report for private sector jobs so weaker than expected although that dogs give the federal reserve more -- that does give the federal fer more cover in its monthly bond purchase program. consumer spending in june was up a .5% from the prior month. that was the strongest gain in
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four months. however, incomes grew at a slightly weaker peace after .3% and gas prices which were quite a bit higher led to a big chunk of that overall gain. earnings playing a big role today including a couple of bay area firms chevron and linkedin. chevron's profit was down 26% from a year earlier but it still made $5.3 billion revenue also down 8% but that did top expectations. and linkedin another social media firm doing very well after its earnings expectations were good its profit up 146%. market pulling back after setting new records for the dow and s&p yesterday. dow down 66. nasdaq down 11. s&p down 5. chevron down 2%. linkedin right now up by 7.5%. back to you. >> thank you, jason brooks. another look now what the public thinks about the bart contract talks. our exclusive kpix 5/surveyusa poll asked bart riders which
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side is making a better case. 44% say management is making a stronger argument. 19% sided with the unions. 29% say neither side is doing well at all. the rest say they don't know. kpix 5 political insider phil matier and former mayor willie brown join us on this friday. >> good morning, guys. >> hello. what do you think of those numbers? >> ha ha ha ha. they don't surprise me. as a matter of fact, i find it unusual that management isn't over 50%. i would have assumed that's where they would be in terms of favorability? >> why? >> because they have made pr wise a better case than the union. >> i think both sides look bad. >> obviously. >> i got one that people say they took a strike and then the other one where as frank said before we went on camera the lead negotiator goes on vacation for 10 days? that doesn't sit well with the public. >> well, you have to know that the union didn't exploit that. every day of his absence they should have gone down to
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negotiate and said he is not here and continue to do that and it would have demonstrated how cavalier management is treating this. >> well, you know, it is an interesting one. the flip side of that is when the public takes a look at the numbers and they find out, people driving automated trains are making $80,000, $90,000 a year and they are paying 98 bucks a month into their healthcare, the riders don't have it that good. >> throws are all things that were negotiated -- those are all things that were negotiated over the years. it's not like the union showed one a mask and pistol and walked out with everything. >> no. but it looks like they put the pistol to the riders head and walked out. >> they didn't touch the riders at all. they were the riders. they look out for the riders. but with management they're on management's case fairly fierce. >> it is interesting the riders want this over and it's also interesting that when it comes to things like this scene with the line-up to try to get what limited bus services they are going to have if there is a strike, nobody seems to be doing much to try to make it
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any better this time around. >> well, you really have a real difficulty trying to figure out how to take that many people and ship them in one week or two weeks, it's the cost is just enormous. i can't imagine how you would be able to finance that without some serious downside. >> mayor, i have a question for you. they have had 30 days since the first week of july to work on this. why weren't they at the table five days a week and on the weekends trying to hammer something out? it's like the old term paper adage. >> clearly it should not be five days a week it should have been seven days a week. >> why? because whether it's union contracts like this or even anything political, it's not until the 11th hour 59th minute that you get something done. >> people keep pushing for their position and they don't abandon that until it's the last opportunity to close the deal. if it is not my deal, i'm not for it. >> but mayor, they weren't even
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at the table. they are not pushing anything. the negotiator was off for 11 days. i mean, that's just ridiculous. >> you know what it is? part of it? they were so far apart and the only way they are going to cut a deal is to have everybody so excited, everybody so upset about the idea of a strike, that they will be able to push through anything and then when we get the bill we're going to flip out. >> no, no, no. you're being very cynical about this whole thing. >> cynical, me? you're kidding. that's all we have time for. we're moving on. back to you guys. >> they are moving on. i think they need to start negotiating a little bit. >> mayor brown, phil matier, thank you so much. 6:50. let's go to weather now. lawrence, take it away. >> got some great weather coming our way for today, going to be a little warmer outside although we are starting out with patchy fog along the coastline and the bay most of the interior valleys looking clear. toward the afternoon we are going to see a little more sunshine. but things cooling right back down as we sail in toward the weekend. so we'll have one area of low pressure that's moving out. high pressure going to sneak in ever so briefly and that's
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going to warm us up today when this low moves in keep these temperatures below average. near seasonal though for today and then we cool right back down as we head in towards saturday. we are seeing some delays due to some low cloud cover of about 45 minutes on arriving flights at sfo now. but sunshine expected by the afternoon. also some delays possible as you make your way into chicago and denver, looking at thunderstorms there. a hot 100 and partly cloudy skies in houston. 86 and comes into new york. temperatures around the bay today expected as high as 80 in san jose under sunny skies, 70 hayward breezy in the afternoon? >> 50s and 60s toward the coastline but in the east bay, 80s, maybe even low 90s into brentwood but you have to head well inland for that. 60s a few 70s around the bay. at the coastline we are going to keep the temperatures down with the sea breeze. next couple of days more fog and low clouds maybe from drizzle at the coastline. temperatures below average through the middle of next week. let's check the roads with elizabeth. >> thank you, lawrence. they finally started cycling through the metering lights more quickly at the bay bridge
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toll plaza. an early-morning accident before 6:00 messed up this commute heading towards the bay bridge toll plaza. this accident is cleared on the incline section. the big wait is behind the pay gates jammed up beyond the macarthur maze this morning at least 25 minutes just to get on the bridge. once you get past treasure island, there is improvement towards san francisco. here's a live look through san jose. 101 near trimble, you can see both directions moving fine this morning between santa clara and san jose. now to our maps. if you are coming down the eastshore freeway we had a couple of different fender- benders in richmond and berkeley, they are cleared. everything is moving okay down the eastshore freeway. drive time turned back to green. sluggish past carlson but not too bad still "friday light" still in the green 24 minutes between the carquinez bridge to the maze. that is traffic. back to you guys. well, this is really the video of the day, right?
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colorado restaurant has a furry new regular. >> big guy, too. security video shows the bear dumpster diving for leftover food. yeah. you will see him again. when those dumpsters are full, they weigh a half ton but that didn't seem to be a problem for mr. bear. he wheels them out and dove in for dinner. one was found about 50 feet away from its usual spot tipped over of course. the owners hope to chain them up and putting out a board with spikes may keep the hungry bears away. an early-morning fire destroys half a dozen cars in hayward and people who own those cars think it is very suspicious. we'll tell you about it next. ,,,,,,,,,,,,,,,,,,,,,,
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a bizarre accident in oakla turned deadly. police got te scene on
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i'm anne makovec in hayward where arson investigators are trying to figure out what started a carport fire here on pierce street. this is video taken by the battalion street after they arrived around 3 a.m. flames shooting 40 feet into the air at one point. the fire station is close and they got here within a minute and a half of the 911 call. there's an apartment building a few yards away. no damage to that building. but check out this damage. seven vehicles caught fire six of them destroyed. the carport itself almost nonexistent this morning. most of it was melted by the heat and flames. >> outside sheds were also -- two outsides sheds were also damaged by the heat. people who live in the building are suspicious about another one of the residents. they think he may have started it. one of those residents punched that guy in the face. he was taken by an ambulance. the investigation continues. anne makovec, kpix 5. an accident in oakland turned deadly. police got to the scene on
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adeline street last night and saw a motorcyclist on the ground there. as the officers began to approach him, two other vehicles collided. one car flipped over on the motorcyclist killing him there. investigators are still trying to determine if anyone should be charged. bart unions might be back on the picket lines monday morning. they say they will keep talking through the weekend. but there's been no progress reported on the major issues of pay and benefits. this morning, union members plan to go to the regular bart board meeting. they want the transit agency to find a new negotiator. they say they can't work with the current one. kpix 5 will go on early at 4 a.m. should the strike happen monday morning. you can also find our survivors guide to getting around without bart on our website, kpix.com. if you are traveling up and down the nimitz freeway, everything looks great. 880 this is near 66th. and right now the drive time is 15 minutes between 238 and the maze. one of our slowest spots is the macarthur maze heading towards
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the upper deck of the bay bridge. an earlier crash this morning didn't help matters. it's still slow jammed solid through the macarthur maze and then once you get past the incline sensors pick up better speeds towards san francisco and checking mass transit bart has 57 trains and they are all running with no delay. >> no delays. >> no delays. >> we like that. >> we can say that. >> it may change. >> outside right now we have some clouds out over the bay a lot of sunshine in the valleys a little cool to start in spots in the north bay valleys 50s there early on. we have 50s elsewhere outside. by the afternoon, though, lots of sunshine and these temperatures going to be warmer well into the 80s inland. 70s a few 80s around the bay and 60s into san francisco and the coastline. next couple of days, we cool off a little more fog and low clouds. temperatures staying below average through the middle of next week. >> we like lots of sunshine in the weekend. >> lots of sunshine. have a great weekend, guys. >> you, too. >> he is very happy today. >> both of you are. >> i know. [ laughter ] >> vacation thing going on. >> there's it for us here.
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remember your next local update is at 7:26. happy friday, everybody. captions by: caption colorado email@example.com good morning to our viewers in the west. it is friday, august 2nd, 2013. welcome to "cbs this morning." u.s. embassies around the world are closing their doors. the al qaeda threat that has the u.s. taking drastic measures. >> snowden leaves the moscow airport. and cruise ships turning into crime scenes. >> plus, the new controversial superhero. the controversy over the new burqa avenger. and today's eye opener, your world in 90 seconds. >> american
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How to Open Activity Monitor
The Activity Monitor application, which is an included utility of the Mac OS X operating system, provides information and statistics concerning your computer's performance. The program is located in the Utilities folder of your Mac and can be opened by users with either standard or administrative accounts.
Step 1
Open a new Finder window by clicking on the Finder icon in the Dock.
Step 2
Click "Applications" in the Finder window to view the contents of the Applications folder.
Step 3
Double-click the "Utilities" folder in the Applications window.
Step 4
Double-click on the "Activity Monitor" icon to launch the utility program.
Step 5
Click on the tabs at the top of the Activity Monitor window to view different information and statistics concerning your computer's performance.


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Hillbilly Elegy divides into two components: the family stories Vance tells – and the questions he raises
There may be some specific tax credits worth keeping. Income splitting is also perfectly good way of helping families shoulder the burden of keeping one partner at home. But why are you all helping send my toddler to gymnastics?
The Tories have spent years telling people that Senate scandals were embarrassing but ultimately insignificant. And now we're suddenly confronted with the prospect that, rather than a trivial irritation, the Senate scandals may be about to become a centrepiece of the Conservative re-election campaign.
Does this make me look oppressed? Women check in with Harper about their fashion after PM says niqabs are 'rooted in a culture that is anti-women'
Guinness is known for its restorative qualities, a tonic in other words. In spite of all the claptrap that your reporter managed to put together, it is obvious that Mr. Harper was drinking the Guinness for medicinal reasons after his exchange with Vladimir Putin.
The poll showing that the Liberals are beating the Tories, even without Trudeau as leader, ought to be cause for alarm. The government is currently losing to a party that has no leader, no agenda and is effectively in self-induced stasis. Oh, and the economy is weak. Shape up, fellas.
The Harper government's massive budget implementation bill is poised to clear its first major legislative hurdle without further attempts by the NDP to delay the vote.
In his first interview since the election, Prime Minister Stephen Harper talks with L. Ian MacDonald, editor of the magazine Policy Options, about issues ranging from Quebec's Cabinet representation to Afghanistan and Libya. Here is an edited version of their May 18 conversation, which appears in the June edition of Policy Options. Q You've just […]
Mayor Rob Ford is strongly urging Torontonians to vote for Prime Minister Stephen Harper on Monday because he says the Conservative leader wants to help the city build a subway. "The other leaders are promising more tax and spend, tax and spend. Mr. Harper has not," Mr. Ford said in an interview with the National […]
Scandals and gaffes have so far overshadowed policy announcements this week, but the major parties are scheduled Friday to give Canadians a glimpse at the meat of their campaigns. Prime Minister Stephen Harper is in Ontario yet again, where he will begin his day at the Mississauga Convention Centre releasing his party's platform. The platform, […]


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Twelfth Planet
By (author) Zecharia Sitchin
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Twelfth Planet by Zecharia Sitchin
Book DescriptionWeaving the story of humanity's origins by means of archaeology, mythology, and ancient texts, Zecharia Sitchin documents extraterrestrial involvement in Earth's history in "The 12th Planet." Focusing primarily on ancient Sumeria, he reveals with awesome precision a complete history of the Solar System as told by the visitors from another planet that orbits close to Earth every 3,600 years. "The 12th Planet" is the critical sourcebook on the ancient astronauts--how they got there, when they came, and how their technology and culture have influenced the human race for hundreds of thousands of years.
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Book DetailsISBN: 9780061379130
(174mm x 106mm x 24mm)
Pages: 46
Imprint: HarperCollins
Publisher: HarperCollins Publishers Inc
Publish Date: 15-Mar-2007
Country of Publication: United States
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The crowning work of the bestselling Earth Chronicles series.
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An insider's look into the decades of research behind Zecharia Sitchin's books as well as an in-depth overview of his theories and discoveries
Complete Earth Chronicles, Hardback (October 2014)
Hardcover collector's editions of all 7 volumes of the Earth Chronicles Series in a display slipcase
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Zecharia Sitchin's secret allegorical novel that brings to life the key concepts of his bestselling book The 12th Planet.
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When registering, please remember that MTH 145 is now STAT 145
Curriculum committee review process
One original LX 138C or LX 138P must be prepared on yellow paper and signed by the department chairperson and the dean of the college. This will become the official curriculum record after action by the appropriate committee(s). The original and 1 copy for UCC/1 copy for GCC are due in the Records and Registration Office by Wednesday noon the week before the curriculum committee meets. The Records and Registration Office staff will include proposals on the agenda and add the materials to the appropriate D2L site for the curriculum committee members to review. Curriculum committee agendas are distributed to all department chairs and program directors prior to the curriculum meeting.
After a proposal has been approved and all signatures have been obtained, including the provost's and registrar's, the Records and Registration Office staff update the curriculum data file; program the Advisement Reports (AR); and, include the information in the catalog copy. After those tasks are accomplished, a signed copy of the LX form is returned to the department for its files.
Salsh courses
A proposal for a slash course must be approved by both the graduate and undergraduate curriculum committees. It does not matter which body hears the proposal first. The same LX138C and 139 forms should be used for both levels. The undergraduate course number should be circled for the set to be used for UCC; the graduate course number should be circled for the set to be used for GCC review. If a department is deleting one level of a slash course (usually the graduate level) and not making any changes to the other level, the proposal only needs committee approval for the deletion. There is no reason to submit the proposal to the committee at the level that is not changing, i.e. if a department is dropping the graduate level, there is no need for the Undergraduate Curriculum Committee to review it.
Umbrella courses
New umbrella courses and revisions to existing umbrella courses need curriculum committee approval.Individual topics offered under umbrella courses do NOT need curriculum committee review. When offering a topic, an LX138C and 139 are completed and approved by the department and dean. The signed originals are submitted to the Records and Registration Office if the course is only offered for undergraduate credit. If it is offered for graduate credit, the director of graduate studies must sign it after the college dean, before the registrar signs it. The LX138C and 139 are specific to the particular topic being proposed. It is important to identify if it is offered as pass/fail or graded if that option exists for the course. The specific topic title will appear on the students' transcripts. It is helpful to list the instructor so graduate faculty status can be verified if the topic is offered at the graduate level. Use the description section of the form for this.
General Education courses
After a course has been approved at UCC that the department would like to be added to the General Education curriculum, the department must submit the course along with the approved LX138C and 139, to the chairperson of the General Education Committee, who will include it on the agenda for that group. The department will also need to submit the LX140 for General Education Committee consideration.
Approval Process (after dept/college approval)
Majors - Academic Planning Committee, Faculty Senate, System, UCC or GCC
Emphases within majors - Academic Planning Committee, UCC, Faculty Senate
Major Name Change - UCC, UW System
Minors - Academic Planning Committee, UCC, Faculty Senate
Undergraduate Courses - UCC (possibly Academic Planning if unresolved resource issues)
Graduate Courses - GCC (possibly Academic Planning if unresolved resource issues)
Slash Courses - Both UCC and GCC (either committee first)
General Education Courses - UCC, then Gen Ed Committee
Umbrella topics - Dean, Graduate Director if appropriate, Records & Registration (not Curriculum Committee)
Contact Records and Registration at 785-8577 or firstname.lastname@example.com or email@example.com.


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Social Media Update 2016 (Pew Research Center)November 15th, 2016 No Comments
A yearly highlight for me, the latest update of the Pew Research Center report on the social media usage of people living in the USA was just published: Social Media Update 2016.Read More
How to Authentically Engage on Social MediaOctober 14th, 2016 No Comments
"Too many marketers are still making the critical mistake of equating the sheer size of their audience with social media success. Social media is NOT about collecting followers like mint-condition baseball cards. It IS about building real relationships with those followers." Jessica BennettRead More
What You Always Wanted to Know About Google – But Did Not Have the Time to GoogleSeptember 20th, 2016 No Comments
If you are a social media marketer or simply trying to leverage social media for your business, Google is the most important and possibly most demanding platform to learn to use. There are simply so many options and you are able to go deep (seemingly without end).Read More
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Do You Know How to Use #Twitter for Business?August 30th, 2016 No Comments
There has been a lot of press around Twitter lately, whether it's too hard to use and if the channel has a viable future. I like to bet on Twitter's future, as it's a channel I get a lot of engagement from. People are much more responsive on Twitter than on email.Read More
How Do I Use LinkedIn to Effectively Market My Company?August 23rd, 2016 No Comments
LinkedIn is one of the best social media channels to reach a B2B audience in the United States. It happens to be one of my favorite channels, as I seem to get some very good engagement with wonderful people here that sometimes lead to a business relationship. Learn how to use it!Read More
Posted in B2B Social Media Marketing | No Comments »
Thoughts From The ShowerAugust 8th, 2016 No Comments
MediaShower kindly invited me to be interviewed by them about best practices for using social media for B2B vs. B2C marketing. Here's what I have to say: How should businesses approach marketing to other businesses through social media compared with marketing to consumers?Read More
Posted in B2B Social Media Marketing | No Comments »
Should You Be Marketing on Pinterest or Instagram?July 25th, 2016 No Comments
In my Fundamentals of Social Media class at UC Santa Cruz Silicon Valley, we recently covered Pinterest and Instagram, on an introductory level. Getting started can be overwhelming, and it's important to go into each social media channel well-informed, as there are always opportunity costs.Read More
Posted in Uncategorized | No Comments »
Facebook for Business Tips for BeginnersJuly 19th, 2016 No Comments
Are you a Facebook user but new to using Facebook for business? This slide deck is a comprehensive introduction to Facebook demographics, features, metrics and tools, as presented at UCSC Silicon Valley.Read More
Growth Hacking for B2B Startups (Stanford Cont. Studies)July 11th, 2016 No Comments
Today, I'd like to share a slide deck with you that I recently used at Stanford University in Palo Alto to teach Continuing Studies students about B2B #GrowthHacking.Read More
2016 Digital Yearbook by We Are Social (Stats for 232 Countries)June 29th, 2016 No Comments
Do you work in social media and always look for good reports to direct your strategy planning? We Are Social has created a Digital Yearbook for 2016, that provides key digital statistics for 232 countries around the world.Read More


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Berghaus Ben Alder 3 in 1 Jacket Features:
Outer Jacket
Inner Jacket
The Berghaus Ben Alder 3 in 1 Jacket is a three in one combination designed for wither use with a fully waterproof and breathable outer jacket ably supported by a warm insulated inner jacket using HydroLoft Fusion technology. The 3 in 1 design allows you to choose the best combination to suit the weather conditions giving this winter jacket great versatility. The Berghaus Ben Alder 3 in 1 Jacket is a great choice for winter days on the high Lakeland fell or Munro bagging in the Scottish Highlands. Both the outer and inner jackets feature great pocket configurations that complement each other nicely.


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Eddy was always on time and willing to do the extra yard in completing the job. He is a perfectionist and hard worker. I would recommend Eddy to anyone.
I've used Safari Gardens services for just over a year. Excellent customer service. Tailored my requests into an affordable package and left my yard looking stunning. Would recommend you to anyone. Thanks so much. Will continue to use your services.
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Castlereagh, NSW
Tiling, Other
Not sure
Full day
Lay 61 pavers 40x40cm level on top of existing pebbles and realign existing 4 tiles.
Mount laundry dryer on wall
Drill 6 holes in brickwork
Reassemble older wooden chair
Mount 3 coat hooks ont...