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ISSUES AND ARTICLES MOST READ eTOC
Official Journal of the International Union of Angiology, the International Union of Phlebology and the Central European Vascular Forum
Indexed/Abstracted in: BIOSIS Previews, Current Contents/Clinical Medicine, EMBASE, PubMed/MEDLINE, Science Citation Index Expanded (SciSearch), Scopus
Impact Factor 0,899
Frequency: Bi-Monthly
Online ISSN 1827-1839
Lobastov K., Barinov V., Laberko L., Obolensky V., Boyarintsev V., Rodoman G.
Department of general Surgery and Radiology, Russian National Research Medical University named after N.I. Pirogov, Moscow, Russian Federation
Aim: The aim of this pilot study was to evaluate the potential effect of electrical calf muscle stimulation (EMS) in the prevention of postoperative deep vein thrombosis (DVT) in high risk patients and to assess efficacy and safety of EMS in patients with calf DVT.
Methods: This was a prospective non-randomized controlled study involving 80 patients over the age of 40 having major surgery (44 abdominal and 36 cranial or spinal surgery; duration more than 60 min under general anesthesia). Patients were divided into 2 comparable groups: main (N.=40) and control (N.=40). In both groups graduated middle stretch compression bandage with compression level 20-40 mmHg was applied and low dose unfractioned heparin (LDUH) injections (5000 U s.c. 3 t.i.d) were started on 1st or 2-5th day after surgery and continued until discharge. The time of starting LDUH was comparable in both groups. In addition, electrical calf muscle stimulation (EMS) with Veinoplus device was performed for not less than 5 periods of 20 minutes per day (total >100 minutes) in the main group. Control of venous patency was performed with duplex ultrasound obligatory at baseline (first 24 h after surgery) and then every 3 days until discharge.
Results: The incidence of DVT was 2.5% in the main group and 25% in the control group (P=0.007). In patients without DVT at baseline it was 3% versus 21% (P=0.025). Patients with baseline thrombosis who underwent EMS did not have any new cases of DVT and PE, while in patients without EMS thrombosis progression was observed in 43% cases also without pulmonary embolism (not significant).
Conclusion: EMS with Veinoplus device at >100 min per day (>5 sessions) can decrease the rate of postoperative DVT in high risk patients. Using of EMS in patients with calf DVT does not increase the rate of PE. These findings need to be confirmed in a randomized controlled trial.
language: English


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'Black Beauty' Meteorite Reveals Secrets Of Mars' Surface
The 4.4 billion-year-old meteorite is like nothing ever discovered on Earth and gives researchers insight into the makeup of the Red Planet's surface.By Nathan Giannini | February 2, 2015
A new study claims a recently discovered meteorite is a chunk of Martian crust and is like nothing else ever discovered on Earth.
The meteorite, known as NWA 7034, weighs just 11 ounces. It was discovered in the Moroccan desert in 2011 and eventually sold to a collector in the U.S.
According to the study by researchers from Brown University and the University of New Mexico, the meteorite, known as "Black Beauty," is about 4.4 billion years old.

subset: commoncrawl


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Sci fi/Fantasy image byN. Diamond
I don't know what she is, she just kind of appeared at the end of my pencil. I love her arm though, the bones are so.... weird... Anyway, I like it a lot. Her hair is flying out behind her because she's actually underwater and there's a current by her head. You just can't tell. ;)
Published More than a year ago
Category Fantasy
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- Genomsnittlig
- Huvudrätt: £7
- Matkostnad: £15
- Öppettider
- Monday - Sunday: 09:00 - 23:00
Serving honest, freshly-cooked food, Harvester creates a warm, family-friendly vibe at its hundreds of restaurants throughout the UK. From tapas-style starters and juicy rotisserie chicken, to famous signature ribs and 100% British beef burgers, the Harvester menu is filled with crowd-pleasing favourites. Harvester's unlimited salad bar is on hand for a healthy accompaniment: replenished with super-fresh ingredients throughout the day.
Breakfast goods (including an unlimited cooked or continental option) are on offer in the morning, and there's a kids menu served throughout the day to keep the little ones happy.
Harvester - Swan Centre
Unit L1B The Swan Centre, Wells Place, Eastleigh, SO50 5FX
Se alla Harvester Restaurants
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Se alla restauranger i Eastleigh
Kundbetyg för Harvester - Swan Centre
- Mat
- Värde
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- Drycker
((*** 16 september 2016 av Lesley Nye från Eastleigh
Not enough staff to take food orders we waited over 10mins before they came and took a drinks order then we had to call them. We were a table of 4 when we ordered the waiter had to cone back and tell us 3 out of the 4 of us had to change their main dish as they didn't have the chicken ! Also on the salad bar there were no onions they did offer us 20% off the bill but luckily one of our group had a voucher for 33% off so even better the waiter was pleasant but I dont think I would return
Tyvärr så kan du inte boka Harvester - Swan Centre online via vår hemsida
Erbjudanden direkt till din inkorg!
Hör om våra topperbjudanden först, och boka de bästa borden.
Du kommer snart att få tillgång till en massa bra erbjudanden
Restauranger i närheten
113m 21 recensionerChimichanga - Eastleigh
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155m 0 recensionerFrankie & Benny's - Eastleigh
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1576m 150 recensionerPrezzo - Eastleigh
Prezzo - Eastleigh
1872m 6 recensionerHarvester - Ham Farm
Harvester - Ham Farm


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September 13, 2011
ARINA V. DONATO-GATTO,PLAINTIFF,v.BENJAMIN ANDREW GATTO, DEFENDANT.
The matters before the Court are the Order to Show Cause issued by the Court, the Motion for Leave to Proceed In Forma Pauperis (ECF No. 2) and the Motion for Appointment of Counsel (ECF No. 3) filed by Plaintiff Arina V. Donato-Gatto.
I. Background
August 9, 2011, Plaintiff Arina V. Donato-Gatto, proceeding pro se, initiated this action by filing the "Complaint for Breach of Contract (I-864 Affidavit of Support)." (ECF No. 1). Plaintiff alleges that on September 29, 2000, she married Defendant Benjamin Gatto in Korea. On August 6, 2001, Defendant Gatto entered into a form I-864 affidavit of support listing the sponsored immigrants as Plaintiff and Plaintiff's son. On September 20, 2007, Plaintiff and Defendant dissolved the marriage. Plaintiff alleges that "[o]n February 23, 2010, [Plaintiff] was denied her request for Calworks based upon [Defendant's] sponsorship of her." Id. at 1. Plaintiff alleges that "[s]ince the date of the [dissolution of the marriage, Defendant] has never provided any support pursuant to the requirements of the affidavit of support form I-864 to [Plaintiff] or [Plaintiff's son]." Id. at 2. Plaintiff has completed a civil cover sheet in which she states that the basis of the Court's jurisdiction over this matter is pursuant to 28 U.S.C. § 1332 and that she demands $58,840.00. Id. at 3.
II. Order to Show Cause
On August 11, 2011, this Court issued an Order stating:
As the party seeking to invoke the jurisdiction of this court, Plaintiff bears the burden of establishing the 'actual existence of subject matter jurisdiction.' See Thompson v. McComb, 99 F.3d 352, 353 (9th Cir. 1996).'Subject matter jurisdiction based upon diversity of citizenship requires that no defendant have the same citizenship as any plaintiff.' Tosco Corp. v. Communities for a Better Environment, 236 F.3d 495, 499 (9th Cir. 2001). ... Plaintiff has failed to allege facts to show that this action involves a matter in controversy which exceeds $75,000 and that the citizenship of the parties are diverse. Plaintiff is hereby ORDERED TO SHOW CAUSE why this case should not be dismissed for lack of subject matter jurisdiction. Plaintiff shall respond to this order on or before September 12, 2011. If Plaintiff fails to respond or fails to establish that this Court has jurisdiction this case will be dismissed without prejudice. (ECF No. 4).
On August 19, 2011, Plaintiff filed an "Amendment to Complaint" which responds to the Order to Show Cause and states: "The basis for this Court's jurisdiction is not diversity, but federal question jurisdiction to enforce an I-864, Affidavit of Support, under §213A of the Immigration and Nationality Act." (ECF no. 6 at 1).
"A Form I-864 is a legally enforceable contract between the sponsor and both the United States Government and the sponsored immigrant." Shumye v. Felleke, 555 F. Supp. 2d 1020, 1023 (N.D. Cal. 2008). "An action to enforce an affidavit of support executed under subsection (a) of this section may be brought against the sponsor in any appropriate court-- (1) by a sponsored alien, with respect to financial support." 8 U.S.C. § 1183a(e)(1); see also Davis v. United States, 499 F.3d 590, 594-95 (6th Cir. 2007); Montgomery v. Montgomery, 764 F. Supp. 2d 328, 334 n.5 (D. N.H. 2011) (finding that a claim to enforce an affidavit of support presents a federal question). The Court finds that Plaintiff has adequately established the existence of subject matter jurisdiction based on federal question.
III. In Forma Pauperis
All parties instituting any civil action, suit or proceeding in a district court of the United States, except an application for writ of habeas corpus, must pay a filing fee of $350. See 28 U.S.C. § 1914(a). An action may proceed despite a plaintiff's failure to prepay the entire fee only if the plaintiff is granted leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915(a). See Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999).
In her declaration accompanying the Motion to Proceed In Forma Pauperis, Plaintiff states that she is not currently employed and was last employed in November 2009 earning $300 per week. (ECF No. 2 at 2). Plaintiff states that in the last twelve months her son has received social security benefits and she has received two weeks of unemployment benefits in the amount of $368. Id. Plaintiff states that she has no money in her checking account. Plaintiff states that she does not have any other significant assets such as a vehicle, real estate, stocks, bonds or securities. Plaintiff states that she supports her son in the amount of $150 per week and has debts for "evictions, medical bills, dental bills, [and] cosmetology school." Id. at 2-3.
The Court has reviewed Plaintiff's declaration of assets and finds it is sufficient to show that Plaintiff is unable to pay the fees or post securities required to maintain this action. Plaintiff's Motion to Proceed In Forma Pauperis (ECF No. 2) pursuant to 28 U.S.C. § 1915(a) is GRANTED.
Notwithstanding Plaintiff's indigence, a complaint filed by any person proceeding in forma pauperis pursuant to 28 U.S.C. § 1915(a) is also subject to mandatory review and sua sponte dismissal to the extent it "is frivolous or malicious; fails to state a claim on which relief may be granted; or seeks monetary relief from a defendant who is immune from such relief."
28 U.S.C. § 1915(e)(2)(B)(i)-(iii); Calhoun v. Stahl, 254 F.3d 845, 845 (9th Cir. 2001) (per curiam); Lopez v. Smith, 203 F.3d 1122, 1127 (9th Cir. 2000) (en banc). Upon review of allegations in Plaintiff's Complaint the Court finds they are sufficient to satisfy the requirements of section 1915(e)(2)(B).
IV. Motion for Appointment of Counsel
Generally, a person does not have a right to counsel in a civil case. See Campbell v. Burt, 141 F.3d 927, 931 (9th Cir.1998); Ivey v. Board of Regents of the University of Alaska, 673 F.2d 266, 269 (9th Cir.1982). A federal court does not have the authority to "make coercive appointments of counsel." Mallard v. United States District Court, 490 U.S. 296, 310 (1989). Pursuant to 28 U.S.C. § 1915(e)(1), "[t]he court may request an attorney to represent any person unable to afford counsel." 28 U.S.C. § 1915(e)(1). The Court has discretion in deciding whether to request that an attorney provide pro bono representation. Solis v. Los Angeles, 514 F.3d 946, 958 (9th Cir. 2008). In exercising this discretion the Court must consider Plaintiff's ability to represent herself, the complexity of the case, and the merits of Plaintiff's claims. See id.; Agyeman v. Corrs. Corp. of Am., 390 F.3d 1101, 1103-04 (9th Cir. 2004). "Counsel should only be appointed in exceptional circumstances . . . ." Wood v. Housewright, 900 F.2d 1332, 1335 (9th Cir. 1990). "[D]ifficulties which any litigant would have in proceeding pro se . . . do not indicate exceptional factors." Id. at 1335-36.
Plaintiff has demonstrated in her filings that she is capable of doing legal research, presenting arguments in writing, and that she has an understanding of the issues in this case. Plaintiff's Motion for Appointment of Counsel is DENIED without prejudice.
V. Conclusion
Plaintiff's the Motion for Appointment of Counsel (ECF No. 3) is DENIED. Plaintiff's Motion for Leave to Proceed In Forma Pauperis is GRANTED. (ECF No. 2). The Clerk of the Court is directed to issue a summons and provide Plaintiff with the summons, certified copies of both this Order and the Complaint, and a blank U.S. Marshal Form 285. Plaintiff shall complete the U.S. Marshal Form 285, and forward the Form 285 along with the designated copies of this Order and the Complaint to the U.S. Marshal. The U.S. Marshal shall serve a copy of the Complaint and summons upon the Defendant as directed by Plaintiff on the U.S. Marshal Form 285.
United States District Judge WILLIAM Q. HAYES
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text: Ok, I've been at this for about 4 hours now, completely restored my ipod to factory default and followed 2 different how to's on this and every time I get to the same part...the iTunes restore. I've created a pwned firmware, done all the other steps in DFU mode successfully but I ALWAYS get one of the following errors in iTunes 21, 2001, 2005, 2006. I have tried the command line and Red Jolt GUI. Can anyone help me? P.S. I'm on 10.5.6


text:
4 drug peddlers held in Daska
DASKA: Circle police Monday arrested four drug peddlers and recovered narcotics and illegal firearms from them.
On a tip-off, police intercepted Muhammad Usman, Muhammad Imran, Shahbaz and Muhammad Jameel, and recovered 3,000 gram charas and illegal arms from them.
The original article can be found at The News.
Tagged under: arrested, charas, Crime, Crime News, Daska, drug peddlers, illegal arms, illegal firearms, Narcotics, pakistan criminal check, recovered, The News


text: Explore the Ocean's Bounty on a Swedish Seafood Safari. Most people do not think of Sweden — or Scandinavia in general — when considering the top culinary destinations in the world. The five-star restaurants of Paris or the rolling hills of Tuscany are far more likely to spring to Continue reading


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Kylie Jenner has arguably the most famous lips in show business today. Would you like tattooing lips for the same look?
Although Kylie's now infamous plump pout is the result of cosmetic lip fillers the trend of people trying to achieve the Kylie lip look has not died down, instead it has reached new heights...it has hit tattooing!!!
Yep, people are now using lip liner tattoos to extend their lip line permanently! Cosmetic tattoos are by no means a new thing, they've been around a few years now, but tattooing your lips to achieve the Kylie look just sounds ridiculous!! Trends don't last forever so although your freshly tattooed lips may look the part today what about 5 years down the line when plump pouts are no longer the 'it' look! Of course some people choose to have a lip liner tattoo for other reasons than fashion, but is it really worth it?
The initial treatment costs around $1000 and touch ups will be a necessity, being required every 3-5 years, and even then the overall lip liner tattoo will only last fully for around 10 years! Aside from simply tattooing a new lip outline the lip liner tattoo also adds more color to the persons lips to give them a fuller look. The lip liner inking is painful and after a few days will begin to scab before healing, after a few weeks however you'll be left with a lovely new lip outline, that is unless it's uneven or wonky!!
....Would you consider a lip liner tattoo or is it just another fashion trend that will soon pass us by??
21inkedd@Robert DaviesFollow


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|1983 Dodge RampageL4-2.2L
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|YourMechanic Price$170.76
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|1984 Dodge RampageL4-2.2L
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Sci fi/Fantasy image byElle Neiderer
this drawing i like a lot..its me and my boyfriend kissing each other :). the title has not much to go with the idea of me and my boyfriend but i thought it was a cute title!
Published More than a year ago
Category Fantasy
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|There's more than one way to do things
Re: I usually boil water for tea using a(n) ...by cpaplham (Initiate)
|on Feb 24, 2013 at 17:39 UTC ( #1020408=note: print w/replies, xml )
|Need Help??
I use the video card in my tower not only to heat water, but as an alternative to a slow cooker. It's water cooled (no pun intended), but it still often goes above 200 degrees F if I'm playing a graphically intensive game, like Skyrim, at max settings.
In Section Past Polls


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String Camerata
Chorale Family Weekend Concert
The Assumption College Chorale in the first concert of the season will present a concert of varied choral works from traditional to contemporary. The Chorale is directed by Dr. Michelle Graveline and accompanied by Mr. Ian Watson.
AC Family Weekend Band Performance
The Assumption College Band under the direction of its conductor, Bruce Hopkins, will be performing its first concert of the school year in the Chapel of the Holy Spirit. Featured will be works from the concert band repertoire from many different centuries.
Voice recital by Julianne Gearhart, Soprano
Reception to follow in the Tinsley Community Room.
Click Here to Read Julianne's Biography
Civil War Era Music
This concert is a concert/lecture performance of music from the Civil War era of the United States played by an ensemble comprised of a Brass Quintet, Percussion, Piano and Vocalist. The pianist, Allan Mueller, has researched and arranged all the music for this performance. As well as the performance of these pieces, there will be a description of each piece focusing on its historical relevancy.
The Bach Consort of Worcester
Michelle Graveline, Artistic Director
Peter Sulski, String Leader
Ash Wednesday Mass - 12 noon, 5, 7, & 10 PM
Ash Wednesday Mass Will be held at 12 PM (noon), 5 PM, 7 PM, and 10 PM.
Ecumenical Prayer Service: "Has Christ Been Divided?"
As part of the Jan. 18-25 Week of Prayer for Christian Unity, Assumption College will host an Ecumenical Prayer Service. The public is welcome to attend this service.
Christmas Eve Mass
Choral and instrumental music will begin at 7:30 p.m. There will be no Mass on Christmas Day.


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The special light-reflecting pigments in the new MK Signature® Facial Highlighting Pen optically lift the shadowy areas of your face. Instantly your skin looks brighter, your tone more even and your face more radiant. This easy-to-use, super-sheer formula can be reapplied throughout the day to keep you looking refreshed and natural. And its available in four shades, for all skin tones.
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Progressio has commended the High Level Panel report on post 2015 development for the inclusion of specific goals targeting women and girls.
Leading charities have expressed disappointment that the Prime Minister is not attending a high-level global development panel that he co-chairs.
Progressio has given direct feedback from its partners around the world to members of the High Level Panel set up to set anti-poverty action goals.
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- Product Information
Product DescriptionCover your door with memories of the 60's, Our 24" wide x 78" long plastic Flower Power door curtain is easy to assemble to set the scene for your flower power party. and a perfect addition to accent your decorations for your 60's party. Use to decorate doors or windows or just as a room divider. Great for enhancing your Hippie or 60's theme party. Easy to hang and assemble. Our beaded door curtain is sold by the pack. Please order in increments of 1 box.
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- These can't be beat ! Review by kathyn6
We hosted a 60's party and the beaded doorways were perfect. They helped transform our home into a hippie haven !
(Posted on 3/26/12)
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I bought this to decorate our playroom for my 9yo b'day party and they were perfect. If I had spent $20-30 I would have likely have been disappointed, but for <$10 they were perfect. I am actually pondering getting another set to cover more area.
The bead strings hang from a plastic track that is screwed into the door/window frame. The packet comes with 2 tracks each which are about 10" in leng
(Posted on 7/25/11)
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I used the strings separately and attached to door frame with a staple gun. Worked great. I did not have enough patience to untangle and install on the track.
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How to Create the Perfect Holiday Party Look with Holiday Party Accessories
Whether it's a company holiday party or an Ugly Christmas Sweater Party, you can make your party attire look fun and festive when you add the right holiday party accessories!
Ugly Christmas Sweater Party Ideas
Host a fun and tacky Ugly Christmas Sweater Party this holiday season! Invite friends over for an ugly sweater contest, karaoke, drinks and more, with these great party ideas and tips.
How to Throw a Stress-Free Friendsgiving Dinner Party
Spend time with friends, giving thanks and eating delicious food, by throwing a dinner party this November. Have a second, more casual, Thanksgiving Dinner without all of the stress and family drama! Here are some simple ideas on how to do just that.


text: My Friend's Hot Girl Vol. 19 Naughty America (2015) Cast : Cherry Morgan , Kleio Valentien , Victoria Rae Black , Dee Dee Lynn , Tiff Bannister Synopsis : Have you ever fantasized about fucking your buddy's hot girlfriend? You've seen her huge tits in tight shirts and bikinis, and her hot ass in tight pants, and your buddy has told you she's got a tight, wet pussy and loves the cock. Your fantasy becomes a reality with My Friend's Hot Girl! Now's your chance to bang her with your big dick! Did you wonder if the risk is worth it? It is! TRAILER EP.01EP.02EP.03EP.04EP.05 My Friend's Hot Girl Vol. 19 Naughty America (2015) Cherry Morgan, Dee Dee Lynn, Kleio Valentien, Tiff Bannister, Victoria Rae Black will | Naughty America | 4 febrero, 2016 1:17 am 0 Comments


text:
Today's Devotional
Always LovedEven before he made the world, God loved us and chose us.
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- Graffiti - Bridge To Life (D2BD)When Gospel and Graffiti collide! A new spin to the Gospel presentation. Features: Camer1, DJ Promote and Fasm. Produced by: The Billy Graham Evangelistic Association to paint the Gospel in graffiti form for a video project dubbed "Bridge to Life"...fbckingsmountain2010-10-01T22:27:0840,574 views00:03:44


text: Weber and the Buzztones - ep • Heavy, Metal, Psychedelic • Year : 0 • On demand! (album available 128-320kbs)* 0 Label Facebook Twitter Google+ Pinterest Hide/Show Album Info I would to thank Michael D. for sending me copy's of the Cassette cover and the inside info: of the cassette.And would like to thank Bim over at http://www.rockroach.com/ for fixing them up to look like it came from a Cd. The new download has not only has the album. But also has the covers that Bim made. So now if you want to make a nice cd cover now you can.Download at : The BuzztonesPlus would like to add a new cover that I got from Mark. He sent me a email and here is a part of it. this is what he had to say.The main reason for this email was that I was stunned to see the Weber and the Buzztones EP on your site. Never expected to see that again anywhere! I happen to be the guy who drew the bee/mascot logo for it, and my friend Paul designed the whole package (they even credited us there on the sleeve). #tags The album code is : ODI172125 You may also like ... Frank Weber - Frank Weber (Vinyl, LP) 1980 Frank Weber ... Linda Cassady - Introducing Linda Cassady Linda ... Linda Cassady - Hard Core Country Linda ... Linda Cassady - A Little More Country Linda ... Curty Ray needs a little help! Curty Ray ... Labor of Love - Message to the Bands Labor of


text:
This research was supported in part by a doctoral fellowship from the Social Sciences and Humanities Research Council of Canada and the Pierre Elliott Trudeau Fellowship from York University. I thank the staff at the following archives for their assistance: Archives of the History of American Psychology, the Bentley Historical Library at the University of Michigan, the Harvard University Archives, and the Syracuse University Archives.
"Education for Democracy": SPSSI and the Study of Morale in World War II
Version of Record online: 14 MAR 2011
DOI: 10.1111/j.1540-4560.2010.01680.x
© 2011 The Society for the Psychological Study of Social Issues
Journal of Social Issues
Volume 67, Issue 1, pages 12–26, March 2011
Additional Information
How to Cite
Faye, C. (2011), "Education for Democracy": SPSSI and the Study of Morale in World War II. Journal of Social Issues, 67: 12–26. doi: 10.1111/j.1540-4560.2010.01680.x
Publication History
- Issue online: 14 MAR 2011
- Version of Record online: 14 MAR 2011
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Check in from 2:00 PM / Check out prior to 10:00 AM
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why would you let someone stand in the way of doing the right thing...when people act stupid in the workplace, do you refuse to go back? no. these kind of people get in the church. that does not mean that is what the church is like. God is still working and there are still people living for him. but rest assured Satan has his people out there too. don't let anyone cause you to go the wrong way. stand for God and live right! no excuses!Reading these post makes me glad that I do not attend church anymore!
New Haven Church
Posted in the Greeneville Forum
#191 Sep 21, 2012
United States
#192 Sep 21, 2012
Me too!! As a Christian you are suppose to be Christ like. There is nothing Christ like about any of this!!!
#193 Sep 21, 2012
Just because your name is not on the membership list for an organized church, doesn't mean you are not doing the right thing or living the right way. To be a Child of God you have to repent your sins, pray, have a person realationship with God, and read your Bible to help you make through the evrerday life stuggles and learn to walk in Christ ways. You can praise God without being in a building or on a membership list. He said to worship me and fellowship. Have you took a day with your family and extended Christian family went for a walk and picnic in God wonderful landscape, song praises to him, prayed, read your Bible together and just Thanked him for you many blessing??? I think that is pour hearted fellowship and worship. Attending and being on the membership list of a church doesn't make me a Christian. My repenting of my sins,faith and Godly filled heart makes me a Christian!
#195 Sep 21, 2012
I agree with you Beck 100%. And to you WHY, I have went to Church almost all my life I am a Christian, If you knew me you would agree I am one of the nicest people you could ever know! It was hard to leave and take my family out but I had to for our mental health. Alot of true Christians are leaving church now days not because the are backslidden it is because the church has become backslidden in these last days and they find it more peacefull being home worshipping God in truth, I wish it was not so but it is what it is
#196 Sep 21, 2012
Oh I wanted to say my post has nothing to do with New Haven Church, I have never been there, My post was "The Church" in general al1 dominations.
#198 Sep 21, 2012
okay, Woah! it stops there... Becca is NOT a tub of lard.. she happens to be very beautiful and is such a sweetheart!
#203 Sep 21, 2012
It's Ollie's personality, don't hate on her or that family .. They are some of the sweetest people. This is a bunch of nonsense from adults that honestly need to look around and say hey, is this something god wants us doing? I'm a teenager and looking at you adults like omg are they really arguing over something that seriously just needs to be prayed about or given to god?
#204 Sep 21, 2012
Because trips that the youth took, was mainly a youth trip not the whole church .. I just wanted to make that clear.. But I'm getting off of this bc I feel as if I'm in highschool all over again.. So God Bless
#205 Sep 21, 2012
Actually those kind of people are not in God's church. They may be in the church building, but only christian people are members of God's church.
#206 Sep 21, 2012
And why are you using my name to reply back lol? You make it as if I am having a conversation with myself?
#207 Sep 22, 2012
Let's just pray that KW has figured out what the
communion table is for and wil not continue to sit on
it. It is so embarassing when he does you would think
he knows better.And also hope he learns how to control
his anger.
#208 Sep 22, 2012
I would ask the ones that are complaining to come and visit where I attend, but in my many years of attending church, I have found that they probably won't be happy there either. I'm not saying things aren't happening, I don't know. Why stay at a church and complain? There are numerous church's in this county. Try another one. BE HAPPY!
#209 Sep 22, 2012
What is the communion table for? Have you ever taken communion on it? I've rarely seen a communion table used for communion around here.
Fort Campbell, TN
#210 Sep 24, 2012
#211 Sep 24, 2012
It will be just like everything else that has went on in this church. All the older members will set around and complain but won't stand up to him and his un - Godly ways. This church is not Keith William's, it was built by God and the Members. If we don't like the things that is going on. Have a back bone and stand up and say it. Vote no if you don't agree, don't just set there! As for the board members that are talking and complaining you all are appointed to look out for the well being of God's church not Keith William's church. If this church is not being ran in a Godly way or you feel that Keith Williams is not acting in a Godly way. Then vote on him and put it front of the members of the church and stop just standing there complaining!!! Do what God has called you to do watch out for his church and God's people. If you don't then you are just as guilty as Keith Williams!
United States
#212 Sep 24, 2012
I think its time to get over it!
#213 Sep 24, 2012
Jeremy Harmon spoke at New Haven Church sun pm.boy he really told the members off and sat on the communion
table while he did . I bet KW is proud of him. I just
wondered what God thought of him .He even told the church members if he made them to hit the door. Jeremy
you did not represent your father well. Don't forget
how much God also.
United States
#214 Sep 24, 2012
Just leave em alone they well get whats coming
United States
#215 Sep 25, 2012
I'am not a member of this Church. In fact, this is the first time I've ever heard of it, but I think it is so sad what is happening here, and all the negative comments being made. But, it's not just this Church that satan is trying to destroy, it's Churches all over the world. He knows his time is running short, and his number one goal is to tear down GOD'S people. The Bible speaks of a "great falling away" and the " love of many waxing cold" (not exact quotes) but I truly believe that we are living in the last days. Look at our Nation as a whole. The state of our economy. Crime and drugs have overtaken people. GOD is no longer allowed in our schools, judicial systems, and even some CHURCHES!! I'm sure there will be people who read this and laugh and call me crazy or a JESUS freak or whatever, but to all Christians, we need to be about our Father's business! Love one another! Spreading HIS word! Leading others to CHRIST! Because, I believe that soon we will hear that great trumpet sound and for those that have laughed and scoffed, it will be too late. My heart breaks for them. So if there is anyone who is lost, and you are reading this post, "It's. NOT too late!" All it takes is a simple prayer to ask JESUS for forgiveness of your sins, and to come into your heart, and to BELIEVE that HE died on the cross for your sins, but that he AROSE again, and is sitting at the right hand of the FATHER (GOD). Its that simple. I beg you, please, don't let a 30 second prayer keep you from eternal life!!
#216 Jan 29, 2013
It sickens me that people are saying such horrible things about a church!! Ive been there plenty of times and its nothing more than a house of worship for the good Lord above!! Shame on all of you who talked about a church and man of God for JUDGING, LYING, and JEAlOUSY!! Real Christians dont put anyone down for any reason and especially on a public display for everyone to see! Everyone is a sinner and its a Christians resposibility to repent and FORGIVE anyone who has because you do it too! Just as Jesus would! Love one another!! If you dont like it there than maybe you should go somewhere else instead letting the devil in YOUR life like your claiming its in others. Get yourself to Alter and fast is my suggestion!! Let God back in your life and apologize to God, Pastor Keith, and the Church for all the horrible things you said. I pray he shows mercy on all of you on Judgement day!!
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March 20, 2007
ARMEL ALVAREZ, PLAINTIFF,v.RYDER TRUCK RENTAL, ET AL., DEFENDANTS.
By letter dated March 15, 2007, defendant Ryder Truck Rental has advised the court that the plaintiff has failed to appear for orthopedic and psychological independent medical examinations as was ordered by the court on February 12, 2007, nor has she provided authorizations. In addition, the court has received separate pretrial order submissions from the plaintiff and defendant Ryder Truck Rental, Inc. According to the defendant, the plaintiff has been uncooperative in preparing a joint order requiring the defendant to submit its portion of the pretrial order directly to the court. Plaintiff has failed to respond to any of these issues and has not provided a reason for the failure to submit a joint pretrial order as was ordered by the court on February 12, 2007 and as required by Judge Vitaliano's rules. See Individual Motion Practices and Rules of District Judge Eric Vitaliano.
Plaintiff will be given one final opportunity to comply with his discovery obligations. Accordingly, plaintiff must appear for an orthopedic and psychological medical examination on or before April 3, 2007. Any outstanding authorizations must be provided by March 26, 2007. Finally, plaintiff is also directed to cooperate and confer with the defendant in the preparation of a joint pretrial order for submission by April 10, 2007. Plaintiff is cautioned that failure to comply with this order will lead to a recommendation that sanctions be imposed including the preclusion of evidence.
The final conference scheduled for March 21, 2007 is adjourned to April 11, 2007 at 11:30 a.m.
ARLENE R. LINDSAY United States Magistrate Judge
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Designing a Shakespeare GardenBy the Plant Information Specialists
|·· Design & Planning ··
A Shakespeare Garden
Creating a garden inspired by Shakespeare using plants mentioned in his plays and sonnets is an intriguing project. In more than 20 of his works, gardens and plants are often metaphors for life, with many important scenes taking place in garden settings. The Bard describes the plants of his world in fresh, pithy, and often poignant ways, and his characters are often compared to gardeners.
Elements of Design
Aristocratic Elizabethan gardens were usually formal in design with geometrically shaped planting beds laid out symmetrically. The overall shape of the garden might be a large square subdivided into quadrants. Focal points were created with sculptural elements like sundials, stone urns, fountains, and statues placed at the end of a central axis or in the center of a planting area. Hedges, fences, and stone walls enclosed garden areas and kept livestock away. Well-placed benches provided seating while allées of clipped trees gave much needed shade and privacy. Espaliered fruit trees were formal and decorative as well as edible.
Today, a Shakespeare garden might include these formal design features as well as plantings in a less formal cottage and herb garden style. Elements of the English countryside such as woodlands, meadows, and hedgerows might also be incorporated. The plant palette for all these areas would be chosen from the hundreds of plants mentioned and described in the plays and sonnets.
A decorative hedge or stone or brick wall might define the garden. Geometric planting beds could be symmetrically placed around a central feature or along a central axis. Shade-providing fruit trees might fill the corners of the design. At each entrance, there might be gates with arbors overhead draped with roses or other vines. The view through the arbors might be of a meadow or woodland garden. Beds within the garden could even be devoted to the plants mentioned in individual plays.
Surrounding hedges could be boxwood, yew, or closely spaced trees such as pleached linden or hawthorn. Espaliered roses and fruit trees might be trained along a sheltering brick wall. Herb gardens could include a useful and fragrant mix of medicinal and kitchen herbs like parsley, chamomile, caraway, fennel, lavender, and rosemary. Accents could be pyramidal evergreen shrubs such as English holly (Ilex aquifolium), the more modern Meserve holly (Ilex ×meserveae) or English yew (Taxus baccata). Planting beds might contain a mix of flowering annuals, biennials, and herbaceous perennials such as pansies (Viola), foxgloves (Digitalis), monkshood (Aconitum) and many others. Spring-flowering bulbs could include daffodils (Narcissus), tulips (Tulipa), crocus (Crocus), hyacinth (Hyacinthus), English bluebells (Hyacinthoides), and fritillaries (Fritillaria). Climbing and shrub roses would grace arbor entrances and formal beds while small shrubs such as lavender-cotton (Santolina) and germander (Teucrium) might edge the smaller flower and herb beds.
Selection of Plants for a Shakespeare Garden
Spring Bulbs
Crown imperial Fritillaria imperialis
English bluebell Hyacinthoides non-scripta
Hyacinth Hyacinthus orientalis
Iris Iris germanica, I. florentina, I. pseudocarus
Star-of-Bethlehem Ornithogalum umbellatum
Bay Laurus nobilis
Chamomile Chamaemelum nobile
Fennel Foeniculum vulgare
Leek Allium porrum
Lavender Lavandula angustifolia
Lavender-cotton Santolina chamaecyparissus
Marjoram Origanum majorana
Mint Mentha spicata
Parsley Petroselinum
Rosemary Rosmarinus officinalis
Rue Ruta graveolens
Creeping thyme Thymus serpyllum
Garden Flowers
Carnation Dianthus
Columbine Aquilegia vulgaris
English daisy Bellis perennis
Foxglove Digitalis purpurea
Poppy Papaver
Rose Rosa
Sweet woodruff Galium odoratum
Sweet violet Viola odorata
Trees and Shrubs
Crabapple Malus floribunda
English hawthorn Crataegus oxyacantha
English Holly
Woodbine Lonicera periclymenum
English ivy Hedera helix
Box Buxus semperviren
|·· Design & Planning ··
Generous support for the Home Gardening Center has been provided by Kenneth and Ellen Roman.
Home Gardening Center
Plant Trials Gardens
Pauline Gillespie Gossett Plant Trials Garden


text: Good portions, funky décor, music, and free peanuts at this busy place on a Friday night in Brooksville, FL. Just passing through and this appeared to be the busiest place on the strip so we stopped. Steak was delicious; pork chop moist and large but not as flavorful as the steak. Portions were ample. Rolls were delicious and warm.


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For Better or For Worse by Lynn Johnston
- October 09, 2012
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Comments (37) (Please sign in to comment)
No, you don't.
dinners can't all be winners…
Perhaps, but with that death glare Elly was giving him, even John wouldn't be dumb enough to say so!
If John didn't comply, Elly looks like not only sending John to the doghouse, but also locking him inside and setting fire to it. What a burn!!
If looks could kill, John would be a dead man.
you could tell in panel 3 John wants to make a sandwich too but Elly's look told him to eat what's in front of him or ELSE!! At least this time he kept his mouth from making some smart A$$ remark like he normally does.
With that many unhappy people, maybe Elly should learn to cook.
Perhaps Ellie should just have John make suppers for a week or two so he can cater to his and the kids taste in meals. It seems to me that none of them appreciate Ellie or try to cooperate with meal prep.It's easy to criticize because we don't know her weekly food budget allowance. In the recent US economy…and elsewhere…people have been resorting to food stamps and having to stretch them by buying staples and other cheap items. I would guess she made a rice and veggie cassarole with mushrooms, tomatoes, onions and celery etc. Kids would prefer peanut butter no matter what you cooked! I would't have given in so easy because they probably make such a fuss no matter what she makes.
I know my 7 year old daughter does! She doesn't agree with much of anything anyone cooks.
True enough- my kids would happily eat sweet a PB&J 10 times a week and pizza and hot dogs the rest- almost never touching fresh fruits, veggies, lean meats or legumes (yes, a couple of the kids avoid even the ones they love to grow in the garden). But they almost never have that opportunity. Instead, they must suffer through salads or soups or stir-fry or any of hundreds of varied healthier options they are served.
No, Michael needs to eat what mom made for dinner, maybe on a smaller plate with smaller portions but after he eats the Mom made dinner, if he is still hungry, he can have a PB&J sandwich. Kids need to learn to eat what is made. She is not a short order cook
When my wife doesn't like what I fix for supper, the inevitable reply is 'I'll find something." We have a freezer well-stocked with White Castles.
My mom, apparently unlike like Elly, was a good cook. I don't remember a bad meal ever. Some said yesterday that they'd take mushrooms over onions. I'm the opposite. No shrooms, but don't hold the onion.
They're more likely to be winners if the person cooking makes sure to cook what the people eating actually like – unlike a lot of parents that don't pay any attention to what their children prefer.
yeah. Except she won't since these strips are all in re-run because the author saw fit to abandon her fans months ago.
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text: I'm writing this article to a generation that might never have heard the old song, Old Time Religion (so I included a clip from an old movie for you). I grew up in an old-fashioned church. We had an old building, built in 1833, and an old cemetery with civil war era headstones. We sang old songs on … [Read more...]


text:
You have no such right. Only in your house.
This is not a right you have
When it gets to the point where I can't go out in public without having to look at men kissing other men or women pawing other women
Then don't go out. You don't have the right to tell adults that they cannot kiss each other in public.
This is not a right you have.
or when I can't turn on the television or go to the movies without having to see some faggot lust scene
Watch a channel or a movie that doesn't have gays in it. Watch something black and white. Watch G rated Movies. Don't watch TV. You don't have the right to tell the rest of us adults what to watch.
This is not a right you have
then they are infringing on my pursuit of happiness
Ridculuous. You don't have a RIGHT to happiness, only the attempt to obtain it.
There is right and wrong and trying to pretend there isn't doesn't change it.
Correct. Trying to make others obey your moral standards is wrong, no matter how you want to make it right.
Their behavior offends me, and it offends anybody who knows the difference between right and wrong
Big deal. You don't have a right not to be offended.
This is not a right you have.
Would y'all care to respond (See posts #9, 23, 30, & 55) because if I say anything more at this point, it will not be very nice and I'm not looking to get myself banned.
Oh- REALLY? Then why are Christians becoming more and more Christian values and symbols being pushed out of the public realm? Weather it be the 10 commandments, or a simple Cross displayed - these symbols are being removed because of fear that they might "offend" someone. If we don't have the right to "not be offended", then why the recent special considerations for non-Christians?
To be perfectly honest - all gratuitous displays of public affection - regardless of the nature of those doing it, is in bad taste and annoying at the least. The fact that homosexual couples in some cases prefer to flaunt their deviant sexuality by displaying behaviour in public that would be disgusting even if between heterosexual couples only acts as a slap in the face of anyone with a sense of morality.
I have another question for you....
Why are there laws against public indecency? If some freak decides to whip out his privates and wave them at you in the parking lot of the local mall - why would that be illegal? Answer - because such behaviour is extremely offensive. There may be some of that freak's friends who would not be offended, while others might just think it's funny. But the fact remains - it is illegal because it is offensive.
What about laws against nudity? Are these laws just random acts to keep legislators busy? No, they are to protect those who might otherwise be offended by such displays.
I subimit that anyone with a shred of morality left in their body who is not offended by such grotesque demonstrations, both in the "real world" as well as in the majority of "entertainment" venues - ie Television, then I suggest that they are either the appoligists for or are active participants in said behaivior.
I might also suggest that your leftist rantings might be better of on another unmentionable message board with the initials DU -


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SAINT Com424 module 2 assignment 2
Question;Assignment 2In this course, as you complete your required reading assignments from the textbook, you will then complete the Running Case assignment for a specific chapter(s). In this module, you are required to complete the following assignment:?Read Chapter 5?Running Case?Answer all five tasks?In the file name of your document, include your name and assignment number. For example,JohnDoe_Assignment2.doc?Submit Assignment 2 as a Word document to the Dropboxno later than Sunday 11:59 PM EST/EDT.Note:Templates 1-7 are located in Doc Sharing. These templates are needed tocomplete many of the assignments in this course.
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United States District Court for the District of Columbia
February 5, 2004.
ROY BANKS, Plaintiff,
OFFICE OF THE SENATE SERGEANT-AT-ARMS AND DOORKEEPER OF THE UNITED STATES SENATE, Defendant
This is a Title VII action against the Office of the Senate
During the course of the deposition of a witness named Alvin Macon,
plaintiffs counsel posed four questions to which objection was made. As
the matter now stands, defendant's counsel has withdrawn the objection to
two of the four questions and the dispute centers on the remaining two
questions. This dispute has now generated 78 pages of pleadings or 39
pages per question. That must the break old record. Since there has been
so much heat and so little light, I must first elucidate the principles
pertaining to the attorney-client and work product privileges when the
defendant is a government agency.
The Attorney-Client Privilege
The attorney-client privilege in this Circuit shields what the client
tells an attorney in confidence for the purpose of securing legal advice
or legal services. As I have stated:
I have discussed the attorney-client privilege in
several of my previous opinions. The fundamental
premise of all of them is that
Page 2
the communication must have been made to "a member
of the bar of a court" who "in connection with
th[e] communication is acting as a lawyer" and the
communication must have been made for the purpose
of securing either an opinion on law, legal
services, or assistance in some legal proceeding.
In re Sealed Case, 737 F.2d 94. 98-99
(D.C. Cir. 1984). The privilege only applies
when the information is the product of an
attorney-client relationship and is maintained as
confidential between the attorney and client.
Brinton v. Department of State. 636 F.2d 600.
603 (D.C. Cir. 1980). cert denied. 452 U.S. 905.
101 S.Ct. 3030. 69 L.Ed.2d 405 (1981).
The mere showing that the communication was from
the client to the attorney does not suffice.
United States v. Western Electric Co.,
132 F.R.D. 1. 3 (D.D.C.1990). The standard
applied is to determine whether the client
reasonably intended the attorney to keep the
communication confidential. In re Ampicillin
Antitrust Litigation, 81 F.R.D. 377. 389
(D.D.C.1978) ("[I]n order for the privilege
to apply the client's communications must be made
with the intention of confidentiality . . .");
Overseas Private Investment Corporation v.
Mandelbaum, Civ.A. No. 97-1138, Memorandum Opinion
at 6, December 15, 1998, (The privilege insulates
from disclosure those communications between a
client and his attorney in which the client
enjoyed a reasonable belief that what he shared
with counsel would remain confidential.).
Thus, the relevant inquiry for the set of
documents containing communications from the
client to the attorney is whether the
communications made by Nextel to its attorneys
were for the purposes of seeking legal advice,
whether Nextel had a reasonable belief that the
communication was confidential, and whether the
disclosure of this communication would tend to
reveal this confidential information. The
attorney-client privilege also protects
communications from the attorney to the client but
only insofar as the attorney's communication
discloses a confidential communication from the
client. Evans v. Atwood, 177 F.R.D. 1, 3
(D.D.C.1997), (citing Brinton v. Department
of State, 636 F.2d 600, 603-604 (D.C. Cir. 1980)).
An attorney-client relationship may exist between an institution or
organization and its counsel. A corporation may claim an attorney-client
privilege for confidential communications
Page 3
made by its employees to corporate counsel in order to permit
counsel to render legal services or legal advise to the corporation.
There is no doubt that government agencies have the same privilege.
Evans v. Atwood, 177 F.R.D. 1. 3 (D.D.C. 1997), (citing
Tax Analysts v. IRS, 117 F.3d 607. 617 (D.C. Cir. 1997)).
The Work Product Privilege
Attorneys can also claim, on behalf of their clients, a privilege
against disclosure of their work product. That privilege takes two forms.
Fed.R.Civ.P. 26(b)(4) protects from disclosure a document prepared
by a party or her agent, including her attorney, for trial or in
anticipation of litigation. While the document may lose a portion of its
protection upon a showing of substantial need and the inability to secure
a substantial equivalent, the "mental impressions, conclusions, opinions
or legal theories of an attorney . . . concerning the litigation" are
never to be disclosed. Fed.R.Civ.P. 26(b)(3). Hence, the
attorney-client privilege may yield to several exceptions, but the work
product privilege is, in this sense, inviolate.
The federal courts also protect work product even if it has not been
memorialized in a document. Questions of a witness that would disclose
counsel's mental impressions, conclusions, opinions or legal theories may
be interdicted to protect "intangible work product." Sadowski v.
Gudmundsson, 206 F.R.D. 25 (D.D.C. 2002): Neese v. Pittman,
202 F.R.D. 344 (D.D.C. 2001); Athridge v. Aetna Cas. & Surety Co.,
Application of These Principles
Page 4
Application of these principles to the deposition of an agency
employee,*fn1 whether a present or former employee, would yield the
following results when that employee is deposed in a lawsuit against the
First, counsel for the agency may object to a question that would
disclose a communication made by the agency employee that was intended by
the employee to be confidential and was uttered to permit counsel to
render legal advice or legal services to the agency. Note that the
privilege pertains only to what the employee told the lawyer; what the
lawyer told the employee is not protected unless it necessarily discloses
what the employee told the lawyer in confidence.
Even if the attorney-client privilege is not available, the question
may still be improper if the answer would tend to disclose the lawyer's
intangible work product privilege as I have defined it, i.e., it
would disclose counsel's mental impressions, conclusions, opinions or
legal theories.
Applying these principles to the two questions at issue compels the
conclusion that Mason's answers would not have breached either privilege.
The first question to Macon was:
When you were given a copy of this notice of
deposition were you told why you were given a copy
of it?
The second question posed to Mason was:
Has anyone ever explained to you if you have a
conflict of interest with the Sergeant-at-Arms,
who will represent you? And what was the option
[you had concerning Ms. Pence's and Ms. Watkins'
Agency Counsel's Representing Agency Employees
I have purposefully not discussed the significance of government
counsel's representing the witness in this context because I deem it
irrelevant. There is only one instance where a government lawyer may
truly be said to be representing a government employee in the same sense
as the traditional representation of a client by a lawyer. When
authorized by the Attorney General, attorneys for the Department of
Justice may represent employees of federal agencies within the Executive
Branch when plaintiffs sue those employees and predicate their cases upon
acts that "reasonably appear to have been performed within the scope of
the employee's employment." 28 C.F.R. § 50.15.*fn3 The
most common example of the exercise of this authority
Page 6
occurs in a so-called "Bivens"*fn4 action in which a plaintiff
claims that a government employee violated her constitutional rights. The
Assistant United States Attorney who represents the Park Police officer
who is sued for unreasonably searching the plaintiff is an obvious
example. Once the Attorney General authorizes the Assistant's
representation, there exists the same attorney-client privilege between
the Assistant and the Park Police officer that would have existed if the
Park Police officer had hired her own counsel. There must, of course, be
some connection between the act complained of and the government's
business. No one would seriously suggest that the taxpayers should pay
for government lawyers to represent a government employee when her spouse
sues her for divorce.
On the other hand, when a government employee is served with a
subpoena duces tecum, that calls for the production of documents
that belong to a government agency or body, counsel for the agency may
protest there has not been compliance with agency regulations pertaining
to such a subpoena*fn5 or that the documents sought are, according to
the agency, privileged from production. In this situation, it is the
agency that is the client. The individual served with the subpoena is a
nominal or titular party and his representation by agency counsel is
normative and not personal. Counsel is appearing for the employee solely
to protect the agency's interest in preventing disclosure of the
documents and, thereby, fulfilling counsel's obligation to her client,
the agency.
On a daily basis, counsel for an agency appear to represent the agency
at a deposition
Page 7
taken of a government employee. Like any other lawyer, counsel for
the agency must represent the agency's interest by preparing the witness
for the deposition and objecting to any question that is improper or
seeks disclosure of privileged information. Whether or not agency counsel
purports to represent the witness being deposed does not diminish or
contract the privileges available to the agency one iota. They remain the
same for the simple reason that counsel is representing her client, the
agency, and the employee, who is being asked questions about matters that
occurred during the course of employment, cannot claim a privilege
independent of or greater than the privilege his employer can claim.
Hence, counsel for the agency cannot assert any greater privilege than is
available to the agency by purporting to represent the employee, as well
as the agency, in the litigation.
Ethical Problems
In the hopes of resolving the ethical problems that arise when the
attorneys for the defendant indicate they are also representing the
employees of the defendant, I add the following final note. A lawyer may
not communicate with a party whom she knows to be represented by an
attorney without that attorney's consent. B.C. Rules of Professional
Conduct R. 4.2(a). The B.C. Bar Legal Ethics Committee has opined,
however, that if the opposing party is a corporation, a lawyer may
interview persons employed by that corporation without opposing counsel's
consent if those employees do not have the authority to bind the
corporation with respect to the pending litigation. B.C. Bar Legal Ethics
Comm. No. 129. Most significantly in that opinion, the B.C. Committee
cited as authoritative an opinion of the ABA Committee on Ethics and
Professional Responsibility that spoke to the precise question presented
here: must a lawyer secure the consent of opposing counsel before
interviewing persons employed by a
Page 8
government agency? The ABA Committee indicated that the lawyer did
not have to seek such consent, stating, in pertinent part, the following:
Nor should the rule [requiring consent of counsel
before opposing counsel interviews her client]
extend to government employees who are merely
witnesses, or otherwise sources of information,
but who have no decisional authority with regard
to the subject matter of the representation, for
such an extension would inhibit the search for
truth without protecting any government interest
legitimately sought to be protected by the rule.
It would then follow that counsel for the plaintiff can interview
persons employed by the defendant without opposing counsel's consent. In
my view, the indication by defendant's counsel that they represent the
employees should not be used as a way to require plaintiffs counsel to
seek defendant's counsel's consent before conducting the interview. It
must be recalled that, generally speaking, no one owns a witness and each
party to a lawsuit has an equal right to interview the witnesses who are
not parties. See, e.g., Flamma v. Atlantic City Fire Dept.,
573 A.2d 158. 161 (N.J. 1990). It, therefore, follows that it is improper in
this Circuit for a prosecutor to tell government witnesses not to speak
to defense counsel if the prosecutor is not present. Gregory v.
United States. 369 F.2d 185. 187-188 (D.C. Cir. 1966) ("But we know
of nothing in the law which gives the prosecutor the right to interfere
with the preparation of the defense by effectively denying defense
counsel access to the witnesses except in his presence."). While
application of that principle to civil matters may or may not be
appropriate, the case bespeaks the attitude within the profession that
obstructing another party's access to a witness in any kind of case
solely for the sake of obstruction is improper. See Restatement
(Third) of the Law Governing Lawyers, § 116(2) (2000). By the
same token, counsel who is interviewing the
Page 9
witness has no right to attempt to have the witness disclose
information that interviewing counsel has reason to believe is
privileged. E.g., Valassis v. Samelson, 143 F.R.D. 118
(E.D. Mich. 1992); In re Domestic Air Transp. Antitrust
Litigation, 141 F.R.D. 556. 561-62 (N.D. Ga. 1992); Amarin
Plastics, Inc. v. Maryland Cup Corp., 116 F.R.D. 36. 42 (D. Mass.
1987). It would, therefore, follow that counsel for the defendant
may not use their representation of the employee and their concomitant
"right" to withhold their consent as a means to prevent plaintiff's
counsel from interviewing present or former employees of the defendant.
Counsel for the defendant must permit those interviews whether or not
they purport to represent the witnesses. On the other hand, plaintiffs
counsel may not ask any question that would reasonably threaten the
witness's disclosing of any information that is protected by the
attorney-client or work product privileges as I have defined them in this
Other Problems
The parties have also addressed other problems that have arisen either
during the course of or during the planning for the deposition. I will
not speak to hypothetical issues but, in the exercise of my obligation to
keep a firm hand on the discovery process, I will provide them with
guidance so that they cannot argue that they were not aware of my
expectations the next time one of them complains. I will first say this.
The papers in this case are all too full of the kind of bickering that is
costing everyone far too much money. If it does not stop, counsel will be
amazed at how much more expensive it will get once I start issuing
sanctions. I am denying the motion for sanctions, but a word to the wise
is sufficient.
Second, directing a witness not to answer a question on the grounds of
relevance is a clear violation of the Federal Rules of Civil Procedure
(F.R.Civ.P. 30(d)(1)) and sanctionable.
Page 10
Third, the depositions of all remaining witnesses will be conducted in
accordance with the principles elucidated in this opinion. Failure to
comply with them will result in sanctions.
I specifically note that Mr. Macon's deposition may be taken again and
conducted in accordance with these principles.
An Order accompanies this Memorandum Opinion
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text:
Business journalism in 10 years will look radically different than today. But not even experts at a seminar focusing on the future of business media could say what it will be.
The industry is just experiencing too much disruptive technology to make any predictions. Five years ago, who ever heard of iPods? said Roger McNamee, managing director of Elevation Partners, a private equity group that invests in media properties.
Even more startling (not to mention disruptive), who ever heard of social-networking sites?
Such sites are the hottest trend on the Web right now. Leading players like Myspace and Facebook are drawing huge audiences of highly desired 18- to 34-year-olds. (As well as eye-opening valuations on Wall Street.) It kind of makes you wonder what's been going on in the corporate suites of mainstream media companies. For the most part, they have been blindsided by the trend.
Traditional media should have been thinking outside the box and trying to figure out what the Web truly represents. Instead, they were preoccupied with recreating their print publications online. Big mistake. You can't look at the Web as just another medium, said James J. Spanfeller, president and chief executive of Forbes.com. Rather, it's a platform for a variety of media, he said.
McNamee and Spanfeller offered those insights in the opening panel discussion on transforming the business media brand. They specifically looked at the evolution of Forbes magazine and Forbes.com, in which Elevation Partners is an investor.
Although they couldn't foresee what business media would look like in a decade, they gave a hint at what we might not see — journalists! McNamee projected that 90 percent of the words on Forbes.com of the future will be written by audience members. "Our goal will be to provide guidance and filters," he said.
That undoubtedly caused publishers in the audience to perk up. The traditional print media model has always been highly labor intensive. A staff of professional journalists not only takes a big bite out of the bottom line, they are often thorny to deal with as well.
Bloggers, on the other hand, usually provide content for free. In these days of eroding revenue and profit margins, the future looks bright indeed.


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