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CME eyes multi-asset exchange with strong futures
CME chief executive Craig Donohue said the largest US futures exchange would 'certainly' be interested in acquiring a large multi-product exchange with a strong futures business.
The comments followed press reports saying the CME has held merger talks with Euronext, the parent of Euronext.liffe, Europe's second-largest derivatives market.
Both exchanges have declined to comment on the report that cited industry sources.
But when asked at a Morgan Stanley capital markets conference what he thought of exchange mergers involving multiple asset classes, Donohue said: "If there was a large universal exchange that has a futures market with a derivatives product line, we might find ourselves interested in something like that, certainly."
Euronext.liffe is a European leader in STIRs, or short-term interest rate futures, while the CME dominates Eurodollars, the world's flagship STIR market. Bringing all STIR products under one roof would represent synergies that Euronext.liffe tried to achieve three years ago by using its US futures market, NQLX, to offer Eurodollars but without success.
Donohue, however, reiterated his opposition to the one-stop shop, multi-asset exchange model without the economic benefit of efficiencies, in particular when this involves low-margin stock trading.
He said: "Would we go into the cash equity market on a stand-alone basis, because we think we should seek diversification opportunities on behalf of shareholders or we can say we are a one-stop shop or a universal exchange? Absolutely not."
CME and Euronext dominate the STIR market, handling more than half of the world's volume. Acquiring Euronext could give the CME all-around dominance in that sector.
But, according to one industry source, the CME would be better off if it could grab Euronext.liffe separately in the event of a Euronext takeover by another US exchange.
The New York Stock Exchange has reportedly been in takeover talks with Euronext, which is not interested in splitting its business. Despite its intention to enter the futures arena, the NYSE may not find much benefit in Euronext.liffe's highly specialized overseas STIR market, while it would clearly gain from acquiring Euronext's stock business.
The industry source said if the NYSE does make a bid for Euronext, the deal may involve a quick spin-off of Euronext.liffe to another party, with the CME likely to be among the top bidders in such instance. The CME could also buy Euronext and sell its equity business, if needed.
Donohue anticipated "a lot of consolidation [among exchanges] over the next 10 years. You are seeing a shift in strategy around consolidation that is very much reflective of the change of exchanges from being membership organizations to for-profit organizations. The decision-making is quite different."
The CME's strategy has so far been squarely focused on product lines, not on acquisitions that would solely expand its geographic footprint or eliminate a competitor.
Donohue stressed that the CME, with multiple trading hubs around the world, is already a global exchange and does not need foreign acquisitions.
Instead, the CME has focused on embracing electronic trading, boosting its options on futures business, and trying to convert over-the-counter futures into exchange-listed products.
To this effect, the CME has just sealed a deal with Reuters to launch the world's first foreign exchange market with central clearing, which would result in cost savings for participants of the $2-trillion a day market.
The CME has also scored a coup by signing a new agreement with the New York Mercantile Exchange, which will soon start trading all its energy contracts, not just the miNYs, on the CME Globex platform as well as in its pit. The deal also involves Nymex's red-hot precious metals contracts.


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UMass Lowell announced detailed plans for the new location of its satellite campus in downtown Haverhill, including expanded academic programs and a new business incubator to serve the region.
UMass Lowell provides world-class faculty, researchers and scholars to print, radio and TV journalists looking for expert sources.
Chemical engineering major New Michael Ingemi is a writer, performer and co-founder of Asperger's Are Us, a comedy troupe that's the subject of a new documentary by the same name.
UMass Lowell will announce its plans for the new location of its Haverhill satellite campus, including academic programs and a new initiative that will promote economic development in the city.
Honors Marketing Principles students design, produce and sell new Manning School of Business T-shirts, with proceeds benefitting school's student activities fund.
The recent student-organized Graduate Volunteer Day gave grad students across all disciplines a chance to help the local community while building connections with one another.
The "Digital Healthcare Revolution" panel discussion featured experts in the areas of technology, entrepreneurship and clinical care and operations.
MSNBC and "Today" show political analyst Steve Kornacki, who has been a frequent commentator on the presidential campaign and its outcome, will headline the event "Election 2016: What the #&^! Happened" at UMass Lowell.
This is a notice of upcoming events, photo opportunities and story ideas at UMass Lowell, compiled by the Office of University Relations, 978-934-3224.
At the university's 2016 National and International Partnerships in Sustainability Workshop, a broad range of attendees collaborated on existing initiatives — and explored new ones.
Six-time Grammy winner Adam Ayan '97 returned to campus to participate in the Alumni Showcase to talk to students about this career in the recording and mastering business.
Sarit Yishai-Levi, an Israeli journalist and best-selling novelist, warned students about threats to media freedom in Israel and elsewhere.
Since Kierra Walsh was 6 months old, she's been a regular at the Boston Museum of Science. Walsh, now 18 and a student at UMass Lowell, would dress up as a bee -- playing in the Discovery Center's hive. For the last four years, she's been volunteering at the museum.
Two Theatre Arts students spent a week helping actors and directors from Merrimack Repertory Theatre workshop a new play on campus. MRT actors and directors also spoke to students about their craft and careers.
Molly the pit bull gets a second chance, and helps others now, thanks to owner Katie Robinson '16.
Steven Chu was on campus on Nov. 16 to deliver this year's Tripathy Endowed Memorial Lecture and receive an honorary doctorate.
UMass Lowell today announced the first recipients of this year's 2020 Challenge Grants, which provide funding for new projects on campus and in the community.
Manning School of Business creates new chapter of National Association of Women MBAs, giving grad students and alumni an opportunity to connect and build a community.
The University of Massachusetts Lowell has been selected to receive $80,000 over two years as one of five Pollution Prevention grants being awarded by EPA's New England Regional Office for the FY2016-FY2017 Pollution Prevention Grants cycle.
Project Blue, a consortium of non-governmental, non-profit space and research institutions, including UMass Lowell, has embarked on an ambitious quest to design, build and launch by 2020 a small, privately funded space telescope to detect planets around our nearest stellar neighbor called Alpha Centauri.
UMass Lowell today presented its highest honor to Nobel laureate and former U.S. energy secretary Steven Chu for his contributions to the pursuits of clean energy and solutions to climate change.
The annual David Lustick Climate Change Teach-In drew nearly 400 students to Cumnock Hall, where speakers offered lessons on responding to a changing world.
Several of the technologies necessary for the telescope have already been on various NASA missions, according to Project Blue's lead scientist Supriya Chakrabarti, an astronomer at the University of Massachusetts Lowell.
UMass Lowell will present Steven Chu, Nobel laureate and former U.S. secretary of energy, with an honorary degree in recognition of his contributions to scientific research and work to advance clean energy.
More students than ever are majoring in mathematics, which opens the door to careers in data analytics, statistics, computer science and teaching.
Nobel laureate Steven Chu will receive an honorary degree from UMass Lowell this week.
It was just two seasons ago that the UMass Lowell women's basketball team finished one game below .500 (14-15) in just their second year as a Division 1 program. They hope hope this season will be even better.
Nobel laureate Steven Chu, former U.S. secretary of energy and a scientist who holds 11 patents, will be presented with an honorary degree by UMass Lowell on Nov. 16.
UMass Lowell makes a concerted effort to have vets feel welcome on campus.
Prof. David Turcotte and a team of students carried out a community health needs assessment for Lowell and surrounding towns—and made some surprising findings.
Buoyed by the success of the Student Managed Fund, finance students in the Manning School of Business have been invited to meet billionaire investor Warren Buffett in February in Omaha, Neb.
Students from the eNABLE Lowell group fitted 8-year-old Liam Haggerty with a custom-made artificial hand at the South Campus basketball court.
Members of the campus Student Veterans' Organization find healing, support and camaraderie as members of the New England Warriors sled hockey team for disabled players.
The talents of budding musicians educated through UMass Lowell's community programs will take center stage during "Reaching Out!," a free concert for the public.
From improving rehabilitation for stroke survivors to reducing inflammation through diet in older adults, faculty members in the College of Health Sciences are conducting studies that have the potential to make a powerful impact on people's lives.
Latest UMass Lowell/7News poll shows Clinton and Trump in a dead heat and U.S. Senate and gubernatorial races in New Hampshire are also close.
Two history majors have created a web study guide to "Browsing Through Birke's," a documentary about the Holocaust survivors who ran Birke's Department Store in Lowell for decades. The study guide is being used at Lowell High School.
A flag ceremony in honor of Veterans Day will pay tribute to the service and sacrifices of UMass Lowell's approximately 1,200 student-veterans – the most at any college or university in Massachusetts – and veterans throughout the region.
Polling expert Marjorie Connelly and political scientist Jeffrey Berry say the 2016 presidential race presents unique challenges for pollsters, the parties and the voters.
Review of Philosophy Professor John Kaag's new book, "American Philosopher, A Love Story."
A team of computer science students won an award at a Simmons hackathon for an app that helps people listening to rap music understand the lyrics. They also got mentored by an engineer at Spotify, who invited them to visit the company and apply for internships or jobs.
Assoc. Prof. Josh Dyck, co-director of the university's Center for Public Opinion, discusses the business of voter polling.
Many students are casting their first presidential ballots this year, an act they'll remember for years to come. Their participation, and that of the entire university community, whether through voting, scholarship or activism, ensure an informed, engaged electorate.
One can become exposed to cyber attacks simply by using the internet said, UMass Lowell professor Xinwen Fu during "Cybersecurity Awareness Day" on Monday featuring expert speakers from both the public and private sector.
More than 400 UMass Lowell students, faculty and staff will participate in the university's Climate Change Teach-In, an event that engages the campus and public to take action on this environmental issue.
When global pharmaceutical company Allergan acquired Anterios, it also acquired intellectual property developed at UMass Lowell.
Mechanical Engineering Asst. Prof. Scott Stapleton and research collaborators are developing tissue-engineered heart valves that can be implanted in a less invasive procedure that can cut the cost of the operation and the patient's hospital recovery time, especially for the young and elderly.
Print, radio and TV journalists looking for sources will find engaging authorities on a variety of topics in UMass Lowell's world-class faculty, researchers and scholars.
Mechanical engineering Ph.D. student Tina Dardeno '14, who was awarded an NSF Graduate Research Fellowship Award, is developing a non-contact, non-invasive method for monitoring the insertion and seating of cementless femoral implants in real-time.
Asst. Prof. Joyita Dutta, who leads the Biomedical Imaging and Data Sciences Laboratory at UMass Lowell, is working to develop novel image- and data-processing tools that merge traditional signal processing with the emerging field of data science.
A team of researchers led by electrical and computer engineering Assoc. Prof. Hengyong Yu is developing a new ultralow-dose CT screening method to improve the image quality and resolution of CT scans while reducing the radiation dose.
The Francis College of Engineering has launched a biomedical engineering (BME) undergraduate bachelor's degree program this fall, the first offered by a public university in the Commonwealth.
Peace and Conflict Studies students on the university's brand-new mediation team performed well against law students from around the country at their first mediation tournament.
More than 100 students had the opportunity to ask administrators about the campuswide master plan at the Student Government Association's Chancellor's Forum.
The UMass Lowell field hockey is heading to California in pursuit of a conference crown. UMass Lowell will play nationally ranked Stanford in a quarterfinal game at the America East Conference Championship Tournament Thursday at 3 p.m. on the campus of the University of the Pacific in Stockton, Calif.
In unveiling a fresh structure, the university's engine of entrepreneurship and economic development celebrates those who get it there.
"Election 2016: The Challenge," a UMass Lowell forum for the campus and community, will explore how the presidential race has upended voters' and experts' understanding of the political process and rules of engagement.
New study abroad programs and a language and culture track are making it easier and more enjoyable for FAHSS students to meet their language requirement.
The university's Core Research Facilities, a group of open access laboratories, is showing off its state-of-the-art scientific equipment by offering a fictional crime "Lunch and Learn" series of workshops and a short-story contest for undergraduates.
Researchers at UMass Lowell are bringing together fields as diverse as psychology, education, nursing, economics, and engineering to build a Center for Autism Research and Education.
The Hawkey Way festival, reunions and two Division I men's ice hockey games drew lots of alumni, faculty and staff, students and their families to Homecoming.
Honors biology major Kierra Walsh shared the podium with businessman and former New York City Mayor Michael Bloomberg when he announced a $50 million gift to the Boston Museum of Science.
UMass Lowell's Fall Career Fair will bring 200 employers together with 1,500 students looking for jobs after graduation or to build on their academic studies through professional internships and co-ops.
The Career & Co-op Center is targeting FAHSS majors with several innovative programs, including Employer-in-Residence days and a one-credit course on career preparation.
UMass Lowell physical therapy professor Alexandre Lopes, 42, monitored athletes' injuries and health during the Olympic Games in Rio de Janeiro over the summer as a member of the International Olympic Committee's Medical and Scientific Commission.
"Especially for deep blue Massachusetts, this is a year for the liberal side to win on ballot initiatives," said Joshua Dyck, a professor and co-director of Center for Public Opinion at UMass Lowell.
Chemical engineering Asst. Prof. Prakash Rai was awarded a grant by the National Cancer Institute at the National Institutes of Health (NCI/NIH) totaling more than $725,000 to study a combined, nanotechnology-based diagnostic/therapeutic strategy for the targeted treatment of breast cancer.
Sophomore plastics engineering major Brian Amici combines his love of domino designs and Taylor Swift's music into an internet sensation.
A team of researchers from UMass Lowell and Dartmouth College has developed two new tools that allow users nationwide to react and view responses to the presidential debates in real time.
Nearly a quarter of Americans ages 18 to 35 would rather see a giant meteor strike the Earth than see either Hillary Clinton or Donald Trump in the White House, according to the new UMass Lowell/Odyssey Millennials poll released today.
The new Kerouac Room at the Center for Lowell History brings the UMass Lowell Libraries' collection of Beat literature together in one place as a research resource for the university community and general public.
Veteran vocal groups Manhattan Transfer and Take 6 rehearsed on campus and spent time sharing their expertise with students.
TIHC has 25-year-old partnership with Lowell National Historical Park, Lowell School Department and UMass Lowell.
Generations of UMass Lowell alumni, students, parents and the public will come together next weekend for River Hawk Homecoming, an autumn festival that will showcase campus life during this exciting time in the university's history.
The debut of a race of kinetic sculptures from near and far was engineered by UMass Lowell lecturer Michael Roundy. It was a sloppy, kooky and colorful blast, and Roundy says you can count on it returning next fall.
Democratic presidential candidate Hillary Clinton is leading Republican Donald Trump in the race to capture New Hampshire's important four electoral votes, according to a new UMass Lowell/7News poll released today.
Students get one-on-one resume tips from local employers at the Career & Co-op Center's Drop-in Résumé Makeover session at University Crossing.
The Tsongas Industrial History Center connects students to the outdoors.
The Tsongas Industrial History Center, which educates thousands of schoolchildren and teachers annually about the American Industrial Revolution, will kick off a series of events marking its 25th anniversary with a celebration for the public.
UMass Lowell professors MinJeong Kim, Allyssa McCabe and Phitsamay Sychitkokhong Uy will work to bring original Southeast Asian folk tales to Lowell's elementary students.
The second annual Kennedy College of Sciences Block Party at Cumnock Hall gave the school's new dean, Noureddine Melikechi, a fun and informal way to introduce himself to students, faculty and staff.
John Cullen, a senior art major, is spending a chunk of his senior year at NASA's Johnson Space Center in Houston as a graphic design and video intern.
Christopher Allen, an assistant professor of psychology, has been awarded a prestigious grant from the Robert Wood Johnson Foundation to further his research on sexual violence and prevention.
University researchers helped the Lowell Police Department win two major grants totaling nearly $1.3 million over three years to study factors contributing to opioid addiction and come up with solutions.
Twenty-two-year-old plastics engineering senior Michael Akerstrom has been racing speedboats in international circuits since 2013.
Senior mechanical engineering major Jesse Knowlton and chemistry grad Kelly Dinning '16 won a quidditch national championship with Boston Night Riders team.
The U.S. National Security Agency and Department of Homeland Security have designated UMass Lowell a National Center of Academic Excellence in Cyber Defense Research in recognition of the university's intensive cyber-security research and academic programs.

subset: commoncrawl


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Giving Thanks: CPHS Inaugural Scholarship Ceremony
Posted on November 18, 2015 in Alumni, Community, Nursing, PA Program, Pharmaceutical Sciences, Pharmacy, Physical Therapy, Public Health, Students
The College of Pharmacy & Health Sciences (CPHS) held its inaugural Scholarship Ceremony on Saturday, October 24, in Campbell University's Turner Auditorium. Many students and alumni remember filing into Turner Auditorium in D. Rich Hall for scholastic traditions like Convocation, commencement exercises for the inaugural Physician Assistant class, and Campbell University Worship; however, this ceremony was unlike anything ever hosted by CPHS. The ceremony allowed scholarship recipients and their families to meet their scholarship donors and share stories of accomplishment, gratitude, and get to know their donors on a personal level.
CCNC President and CEO to deliver graduation address
Posted on February 5, 2015 in Clinical Research, Community, Interprofessional Education, Pharmaceutical Sciences, Pharmacy, Physical Therapy, Public Health, Students
Community Care of North Carolina (CCNC) President and CEO, L. Allen Dobson, Jr., MD, will deliver the graduation address at Campbell University's College of Pharmacy & Health Sciences' 26th hooding and commencement exercises.
Campbell University welcomes second class of PT students
Posted on January 5, 2015 in Interprofessional Education, Physical Therapy, Students
Forty of Campbell University's newest students arrived on campus today to begin orientation for the Doctor of Physical Therapy program. This class is the second cohort of student physical therapists for Campbell and will begin classes immediately following the one-day orientation held on Monday.
Campbell holds first interprofessional education event of the semester
Posted on August 24, 2014 in Interprofessional Education, Nursing, PA Program, Pharmaceutical Sciences, Pharmacy, Physical Therapy, Public Health, Students
Campbell University's first year interprofessional education (IPE) event signaled the beginning of the academic year as first year students from all disciplines of health sciences headed towards main campus on Wednesday, August 20. This year's event focused on autoimmune encephalitis, the mysterious disease which is discussed in the New York Bestseller Brain on Fire by Susannah Cahalan.
Michael L. Adams named next dean of Campbell University's College of Pharmacy & Health Sciences
Posted on May 1, 2014 in Alumni, Clinical Research, Community, Faculty, Interprofessional Education, Nursing, PA Program, Pharmaceutical Sciences, Pharmacy, Physical Therapy, Public Health, Students
Michael L. Adams, an assistant dean and an associate professor of pharmaceutical sciences at Campbell University, has been named the next dean of Campbell's College of Pharmacy & Health Sciences, effective Jan. 1, 2015. Adams will succeed current CPHS dean, Ronald W. Maddox, who will retire effective Dec. 31. CPHS has been under the leadership of Maddox since its inception in 1986.


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Ahmad Abughazaleh
Saudi Arabia - Jeddah
• Brainstorms new product directions and makes Ideas with high quality and speed.
• Managing the marketing programs, brand image, Event planning and designing, new product launches and marketing research based on global marketing strategies..
• Developing and supporting all marketing materials, including presentations, brochures, online support materials, video content, etc.
Writing and developing the creative aspects of all marketing initiatives, web sites and social media content.
• Planning managing the company's attendance and participation for exhibitions, trade shows, conferences and all other events.


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Lot 1248D: Jennifer Gale Allred (1955-2016) 3Pcs. Pottery
Mighty Memorabilia From Cars To Guitars Day 1
by J Levine Auction & Appraisal LLC
27 October 2016
Scottsdale, AZ, USALive Auction
Past Lot
Looking for the realised and estimated price?
Description: Artist: Jennifer Gale Allred (1955-2016); Number of Pieces: Three; Type of Item: Two vases and one bowl; Era or Year Produced: 20th century; Color(s): Tan/teal/blue; Approximate Measurement: Tallest is 21" x 5" x 5"; Approximate Weight: 11 Lbs; Note: One unmarked, one marked "JGA 2010", and one marked "JGA 2011"
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For some B2B advertisers, the conventional promoting channel that inspires prospects to self-distinguish and afterward move to a business pipe, is instilled in our brains. In any case, in the Age of the Customer, Forrester Research's expression for a clientMore


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United States District Court, N.D. Illinois, Eastern Division
July 15, 2015
IMPERIAL CRANE SALES, INC., Plaintiff,v.SANY AMERICA, INC., Defendant.
CHARLES P. KOCORAS, District Judge.
Now before the Court is the motion of Defendant Sany America, Inc. ("Sany") to dismiss this action for improper venue pursuant to Fed.R.Civ.P. 12(b)(3), based on an arbitration provision in a "Distributor Agreement" between Sany and Plaintiff Imperial Crane Sales, Inc. ("Imperial"). Sany's Motion asserts that "Imperial and SANY agreed to submit any disputes arising from their commercial relationship to arbitration in Atlanta, Georgia." See Def. Mot., Dkt. 8, at 1. Three days after the briefing on this motion was concluded, Imperial filed an arbitration demand with the American Arbitration Association ("AAA") in Atlanta, in which Imperial admits that its demand there "includes the claims" it brings here. See Def. Supp. Ex. A, Dkt. 26-1, at 1. Sany contends in the instant motion to dismiss this case that "it is for the arbitrator, and not this Court, to determine whether Imperial's claims are covered by or within the scope of the arbitration agreement." Def. Mem., Dkt. 9, at 7-8.
For the following reasons, the Court agrees with Sany that the arbitrability of Imperial's claims should be determined in the AAA proceeding now pending in Atlanta. The Court disagrees, however, that the instant action should be dismissed before that determination is made, and thus grants Imperial's request, pursuant to 9 U.S.C. § 3 of the Federal Arbitration Act (the "FAA"), to stay this action pending a determination of arbitrability in the Atlanta proceeding. See Pltf. Resp., Dkt. 18, at 12-13. Accordingly, Sany's motion to dismiss (Dkt. 8) is denied without prejudice pending the determination of arbitrability in the Atlanta proceeding, during which time this action will be stayed.
Imperial "is a distributor, supplier and lessor of cranes, and related equipment and machinery, " Compl., Dkt. 1-1, ¶ 1; and Sany "is in the business of selling cranes and heavy equipment." Id. at ¶ 2. Imperial's claims in this case concern three purchases of cranes from Sany. Pltf. Resp., Dkt. 18, at 1. Imperial's first purchase- for a Sany "crawler crane"-is evidenced by a March 17, 2011 letter from Imperial to Sany reciting "the purchase of one new Sany model... crawler crane for the sum of $2, 100, 000.00 USD, subject to" various conditions, including those "outlined in the attached Floor Plan Financing' agreement." Chen Decl. Ex. A, Dkt. 10, at 6-7.
Among other things, this financing agreement stated that a "Dealer Agreement must be signed and in place before delivery." Id. at 7. Notwithstanding this stated condition, however, Imperial and Sany did not sign their Distributor Agreement until July 5, 2011, three months after the crawler crane was delivered to Imperial on or about March 30, 2011. See Pltf. Resp., Dkt. 18, at 3, 5; Chen Decl. Ex. B (Distributor Agreement), Dkt. 10, at 24. But the Distributor Agreement they ultimately signed included the following integration clause addressing such earlier agreements: "This Agreement, together with any and all exhibits hereto and Purchase Orders, constitutes the entire agreement of the parties hereto with respect to the subject matter herein and therein, and supersedes all prior oral or written agreements. Any and all exhibits hereto and Purchase Orders completed pursuant to Section 1.4(a) hereof are hereby incorporated by reference into this Agreement." Dkt. 10, at 22, § 5.2(a) (emphasis added). In addition, this Distributor Agreement also included an arbitration provision requiring that "any and all controversies or claims arising out of or relating to this Agreement shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association." Id. at § 5.8.
In the months following the parties' execution of this Distributor Agreement, Imperial made its second and third purchases from Sany-for various "rough terrain cranes"-in November and December 2011, with delivery "commencing in early February 2012." Compl., Dkt. 1-1, ¶¶ 45-46, 52-55, 58-60, 63, and Exs. 2-4, Dkt. 1-1, at 23-28. But according to Imperial's Complaint, at least some of the cranes delivered "suffered from significant manufacturing deficiencies" and "were not in the condition as warranted." Compl., Dkt. 1-1, ¶ 65. When "repairs and servicing" of these cranes "proved unsuccessful, " Imperial notified Sany "of its revocation of acceptance of these cranes, " id. at ¶ 74; Sany "acknowledged the issues" with the cranes and "accepted Imperial Crane's revocation of acceptance, " id. at ¶ 76; and Imperial canceled its remaining order for additional cranes. Id. at ¶ 78. As a result, Imperial was allegedly "forced to find and purchase" other rough terrain cranes at a higher price, "rent substitute cranes" while awaiting delivery of these replacements, and "lost revenue" while substitutes were unavailable. Id. at ¶¶ 79-84.
Similar issues allegedly plagued the crawler crane that was the subject of Imperial's first crane purchase from Sany. According to Imperial's Complaint, shortly after this purchase, Sany notified purchasers of this crane (including Imperial) of certain limitations preventing the crane's use in specified applications. Id. at ¶ 32. In addition, other deficiencies with the crawler crane "became apparent over time, " id. at ¶ 34; and "repairs ultimately provided by Sany America did not resolve the deficiencies." Id. at ¶ 38. As a result, Imperial was allegedly again "forced to rent other cranes to substitute, " "lost rental revenue, " and "incurred substantial labor expense servicing and repairing deficiencies with the Crawler Crane." Id. at ¶¶ 40-44. Following these issues, and the foregoing issues with the rough terrain cranes, Sany allegedly terminated the parties' Distributor Agreement in 2013, see Pltf. Resp., Dkt. 18, at 12; Def. Reply, Dkt. 20, at 6-7. This litigation then ensued in 2014.
Imperial originally filed its Complaint against Sany in the Circuit Court of Cook County, Illinois, Law Division, on December 22, 2014. See Removal Not., Dkt. 1, at 1. Sany removed that action to this district on January 28, 2015, asserting diversity jurisdiction under 28 U.S.C. 1332, id., and then filed the instant motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(3) on February 4, 2015. Dkt. 8. Briefing on this motion proceeded according to this Court's Order of February 10, 2015, Dkt. 15, concluding with Sany's Reply filed March 24, 2015. Three days later, Imperial filed its arbitration demand in Atlanta, in which Imperial admitted that its demand there "includes the claims set forth" here. See Dkt. 26-1, at 1. Additional briefing then followed in this action in April 2015, addressing the impact of Imperial's AAA proceeding on the instant motion to dismiss. See Dkts. 23-27. Having reviewed all of the parties' briefs on this motion, including that supplemental briefing, the Court now denies Sany's motion to dismiss without prejudice, but stays the instant action while the arbitrability of Imperial's claims is determined in the Atlanta AAA proceeding.
The Seventh Circuit has made clear that a motion to dismiss based on an arbitration clause is properly asserted as one challenging venue under Fed.R.Civ.P. 12(b)(3), Faulkenberg, 637 F.3d at 808, since an arbitration provision "is a type of forum selection clause." Jackson v. Payday Fin., LLC, 764 F.3d 765, 772 (7th Cir. 2014). And as noted above, a motion under Rule 12(b)(3) requires the Court to assume the truth of the plaintiff's factual allegations and draw reasonable inferences in its favor, id. at 806, but does not limit a district court to the allegations in the plaintiff's complaint. In determining whether venue is proper in this district, this Court thus may consider not only Imperial's Complaint and exhibits, but also the materials submitted with the parties' briefs on this motion, including their Distributor Agreement and its arbitration clause. See id. at 809-10 (it is appropriate to consider evidence submitted with motion, including agreement containing arbitration clause).
Neither party disputes these standards. As for the substantive law applicable to Sany's motion, however, the parties disagree. Sany argues that the FAA ultimately "applies to this case because the Distributor Agreement involves interstate commerce, " Def. Mem., Dkt. 9, at 5 (citing 9 U.S.C. § 2), but that Georgia law governs any questions concerning contract formation, pursuant to a choice of law provision in the parties' Distributor Agreement. Def. Mem., Dkt. 9, at 5-7. Imperial, on the other hand, while acknowledging that "federal courts apply state-law principles of contract formation, " argues that the three purchase orders at issue "do not include selection of law clauses, " and thus asserts that "Illinois law applies." Pltf. Resp., Dkt. 18, at 3. The Court agrees with Sany that the FAA governs the arbitrability issue raised by Sany's motion to dismiss.
The parties are correct that the "validity and meaning of a forum selection clause"-which includes an arbitration provision-is generally determined in a diversity case "by reference to the law of the jurisdiction whose law governs the rest of the contract in which the clause appears." Jackson, 764 F.3d at 774-75 (quoting Abbott Labs. v. Takeda Pharm. Co., 476 F.3d 421, 423 (7th Cir. 2007)). "Once it is clear, however, that the parties have a contract that provides for arbitration of some issues between them, any doubt concerning the scope of the arbitration clause is resolved in favor of arbitration as a matter of federal law." Gore v. Alltel Commc'ns, LLC, 666 F.3d 1027, 1032 (7th Cir. 2012). The parties here dispute neither the validity nor enforceability of their Distributor Agreement, or that it requires arbitration of at least some of their disputes. Rather, the instant motion presents a question of arbitrability, which is governed by the FAA, not state law.
"The FAA creates a body of federal substantive law of arbitrability, applicable to any arbitration agreement within the coverage of the Act." Wal-Mart Stores, Inc. v. Helferich Patent Licensing, LLC, 51 F.Supp. 3d 713, 718 (N.D. Ill. 2014) (brackets omitted, quoting Moses H. Cone Mem'l Hosp. v. Mercury Constr. Corp., 460 U.S. 1, 24 (1983)). "To the extent there are conflicts between state arbitration law and the FAA that would contravene the pro-arbitration policies embodied in the FAA, the FAA applies and preempts such state laws." Id. "Thus, a general choice of law provision in a contract will not extend to the arbitration clause, absent specific evidence the parties intended it to do so." Id. at 718-19. There is no such indication here; to the contrary, the parties' Distributor Agreement provides for "arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, " Dkt. 10 (Distributor Agreement), at § 5.8, as opposed to any state's law.
Imperial tacitly acknowledges as much, insofar as it invokes the FAA to support its request for a stay (as opposed to dismissal) of these proceedings. See Pltf. Resp., Dkt. 18, at 12-13 (requesting stay "in accordance with the Federal Arbitration Act 9 U.S.C. § 3"). "Accordingly, the Court will rely on Federal law interpreting the FAA to decide this motion." Helferich, 51 F.Supp. 3d at 719 (applying federal law to arbitrability question presented in motion to dismiss based on arbitration clause).
Now turning to the merits of Sany's motion, the Court addresses first Imperial's arguments that disputes relating to its purchases from Sany are not governed by the arbitration provision in the parties' Distributor Agreement, and second, Sany's request to dismiss (rather than stay) the current action.
I. Arbitrability
Sany rightly notes that "any doubts concerning the scope of arbitrable issues should be resolved in favor of arbitration." Def. Mem., Dkt. 9, at 8-9 (quoting Moses H. Cone, 460 U.S. at 24-25); see also Faulkenberg, 637 F.3d at 808 (same). Imperial correctly counters, however, that parties are required to arbitrate only those issues they agreed to arbitrate. Pltf. Resp., Dkt. 18, at 5; see also Faulkenberg, 637 F.3d at 808-09 ("Notwithstanding this strong federal policy in favor of arbitration, the FAA's provisions are not to be construed so broadly as to include claims that were never intended for arbitration.'" (quoting Am. United Logistics, Inc. v. Catellus Dev. Corp., 319 F.3d 921, 929 (7th Cir. 2003)). Imperial contends that the purchase agreements over which it sues here are thus immune from the arbitration clause in the parties' Distributor agreement for three reasons: (1) the purchase orders at issue are "separate and distinct purchase contracts" that "do not include arbitration clauses, " Pltf. Resp., Dkt. 18, at 1; (2) "one of the three purchase contracts could not have incorporated the distributor agreement because it pre-dates that agreement by over 3 months, " id.; and (3) "the distributor agreement terminated in May of 2013." Id.
As to Imperial's argument that its purchase agreements are "separate and distinct" from the parties' Distributor Agreement containing the arbitration clause, id., Sany asserts that Imperial's attempt to cast its claims solely under its purchase orders is a "mischaracterization of the parties' dealings, " which involved "one Distributor Agreement" and "corresponding purchase orders." Def. Mem., Dkt. 9, at 3-4. Seventh Circuit precedent supports Sany's argument that a party's narrow "characterization" will not evade an arbitration clause, particularly where (as here) the arbitration clause asserted "broadly" covers all matters "arising out of" and "relating to" to the parties' agreement. Alltel, 666 F.3d at 1033-36 ("were the rule otherwise, a party could frustrate any agreement to arbitrate simply by the manner in which it framed its claims." (quoting In re Oil Spill by the Amoco Cadiz" Off the Coast of France March 16, 1978, 659 F.2d 789, 794 (7th Cir. 1981)).
Sany similarly contends that such a broad arbitration provision further buttresses application of that clause to both pre-agreement purchase orders (per the Distributor Agreement's integration clause) and "post-termination claims." Def. Reply, Dkt. 20, at 7 (quoting Shipp v. XA, Inc., No. 06 C 1193, 2006 WL 2583720, at *7 (N.D. Ill. Aug. 31, 2006)). Again, Seventh Circuit precedent is in accord. See Alltel, 666 F.3d at 1035 (rejecting argument that plaintiff's claim arose solely out of agreement that did not require arbitration, where claim was "interlinked" with related agreement that required arbitration);[2] Int'l Union, United Auto. & Aerospace & Agric. Implement Workers of Am. (UAW) v. Young Radiator Co., 904 F.2d 9, 10 (7th Cir. 1990) ("the opposite result would encourage [parties] simply seek to avoid arbitration to wait until six months or some other arbitrary period passes before [seeking relief] under an expired... agreement"). But as Sany also acknowledges, these arguments are for the arbitrator, not the Court, to resolve. Def. Mem., Dkt. 9, at 7-8.
As noted above, the parties' arbitration clause here requires not merely arbitration, but "arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association." Dkt. 10 (Distributor Agreement), at § 5.8. Such a provision serves to "incorporate the AAA's rules into the arbitration agreement, " including (among others) AAA Rule 7. Helferich, 51 F.Supp. 3d at 719-20 (brackets omitted). "Rule 7 of the AAA Commercial Arbitration Rules states, with respect to jurisdiction, that the arbitrator shall have the power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the arbitration agreement or to the arbitrability of any claim or counterclaim.'" Id. (brackets omitted, quoting AAA Rule 7-(a)). "While neither the Supreme Court nor the Seventh Circuit have resolved whether incorporation of the AAA Rules constitutes clear and unmistakable' evidence that the parties intended the question of arbitrability to be decided by an arbitrator, other circuits have drawn this conclusion, " id. (citing cases from the 2d, 8th, 11th, and Federal Circuits), in addition to numerous sister courts in the Seventh Circuit. See, e.g., id. (citing cases); Gilman v. Walters, 61 F.Supp. 3d 794, 801 (S. D. Ind. 2014) (citing cases).
Imperial neither disputes nor even acknowledges this case law. Absent any argument or citations to the contrary, this Court concurs with that "overwhelming majority." Gilman, 61 F.Supp. 3d at 801, n.4. "Accordingly, the Court finds that by incorporating the AAA Rules, including Rule 7(a), into the arbitration provision, " the parties "clearly and unmistakably agreed to have an arbitrator decide whether they agreed to arbitrate Plaintiff's disputes." Helferich, 51 F.Supp. 3d at 720.
II. Dismissal, versus Stay, of this Action
Having determined that the parties agreed to arbitrate at least some of their disputes, and that the parties' arbitration provision requires the arbitrability of their current disputes to be determined by an AAA arbitrator, there remains only the question of whether to dismiss (as Sany requests) or stay (as Imperial requests) this action. The Court agrees with Imperial that a stay pursuant to § 3 of the FAA is appropriate here, 9 U.S.C. § 3, and that dismissal would not be.
"For arbitrable issues, a § 3 stay is mandatory." Volkswagen of Am., Inc. v. Süds of Peoria, Inc., 474 F.3d 966, 971 (7th Cir. 2007); 9 U.S.C. § 3 ("the court... shall on application of one of the parties stay the trial of the action until such arbitration has been had" (emphasis added)). Seventh Circuit precedent correspondingly holds that a stay "is the normal procedure when an arbitrable issue arises in the course of a federal suit, " both because a stay is required under § 3 of the FAA, and because "district courts should retain jurisdiction over a suit that must be interrupted for reference of an issue to another forum rather than dismiss it if, should it be dismissed, there might later be grounds for reinstating it." Tice v. Am. Airlines, Inc., 288 F.3d 313, 318 (7th Cir. 2002) ("rather than dismiss the present suit the district judge should have stayed it to await the outcome of arbitration in order to spare the parties the burden of a second litigation should the arbitrators fail to resolve the entire controversy"); Cigna Healthcare of St. Louis, Inc. v. Kaiser, 294 F.3d 849, 851 (7th Cir. 2002) (district court "should not dismiss the proceedings before it" while arbitrability is being determined in another forum).
Sany nevertheless urges dismissal here, because the asserted arbitration provision requires arbitration outside of this district-specifically, in Atlanta, Georgia. Quoting the Seventh Circuit's decision in Faulkenberg, Sany asserts that "a Rule 12(b)(3) motion to dismiss for improper venue, rather than a motion to stay or compel arbitration, is the proper procedure to use when the arbitration clause requires arbitration outside the confines of the district court's district." Def. Mem., Dkt. 9, at 9 (quoting Faulkenberg, 637 F.3d at 808). But the rationale for this directive-that "under § 4 of the FAA, a district court cannot compel arbitration outside the confines of its district, " id. -is inapplicable here. See Faulkenberg, 637 F.3d at 808 (" In this situation ... a Rule 12(b)(3) motion to dismiss for improper venue, rather than a motion to stay or to compel arbitration, is the proper procedure" when arbitration is required in a different district (emphasis added)).
"While courts cannot grant a § 4 order to compel arbitration unless they sit in the same district as the arbitration venue, a § 3 order to stay pending arbitration has no such requirement." See Kawasaki Heavy Indus., Ltd. v. Bombardier Recreational Prods. Inc., 660 F.3d 988, 997 (7th Cir. 2011). Thus, where (as here) an arbitration proceeding has been initiated in the foreign district required by an arbitration clause, § 3 of the FAA provides for a stay of related litigation pending elsewhere "on application of one of the parties, " 9 U.S.C. § 3, just as Imperial has requested here. See Dkt. 18 at 12-13; see also GEA Group AG v. Flex-N-Gate Corp., 740 F.3d 411, 414 (7th Cir. 2014) (acknowledging prior order that "case should be stayed pending arbitration" in Germany); EZLinks Golf, Inc. v. Brown, No. 12 C 3630, 2013 WL 1285651, at *2 (N.D. Ill. Mar. 27, 2013) (once an action to compel arbitration is brought in appropriate district, defendant "may then file a motion asking this Court to stay this case pending resolution of the arbitration issues in" that other district).[3]
Imperial's request for a stay additionally requires consideration of potential "statute of limitations arguments previously raised by Defendant." See Pltf. Resp. to Supp., Dkt. 27, at 2 ("before this lawsuit was filed, said counsel raised statute of limitations issues with Imperial Crane's claims"); cf. Sharif v. Wellness Int'l Network, Ltd., 376 F.3d 720, 725 (7th Cir. 2004) (district court abused discretion by dismissing, rather than staying, action, where "plaintiffs notified the court that there may be statute of limitations problems if the case [was] dismissed for lack of prosecution"). For this reason, as well as "the FAA's mandate, " Williams-Bell, 2014 WL 7499398, at *3, the Court denies Sany's motion to dismiss and grants Imperial's request for a stay pursuant to 9 U.S.C. § 3. Sany's motion to dismiss is denied without prejudice, however, and may be reasserted in the event the AAA proceeding in Atlanta does not "resolve the entire controversy." Tice, 288 F.3d at 318. In that event, the Court will determine whether the stay should be lifted in whole or in part. See French v. Wachovia Bank, 574 F.3d 830, 835 n.6 (7th Cir. 2009) ("when a district court determines whether to stay arbitrable issues while allowing litigation of nonarbitrable issues to proceed, the court should consider the risk of inconsistent rulings, the extent to which parties will be bound by the arbitrators' decision, and the prejudice that may result from delays'" (quoting Volkswagen, 474 F.3d at 972)).
For the foregoing reasons, the Court denies without prejudice Defendant Sany America, Inc.'s motion to dismiss this action for improper venue pursuant to Fed.R.Civ.P. 12(b)(3). See Dkt. 8. At the request of Plaintiff Imperial Crane Sales, Inc., this action is stayed pursuant to 9 U.S.C. § 3 pending the AAA arbitration proceeding initiated by Imperial in Atlanta, Georgia.
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Why incorporate in Delaware if you just have to pay in-state taxes? When do you have to pay the in-state tax?
What are the reasons to set up an LLC in Delaware if you are just going to get stuck with a foreign llc tax in CA anyways? When do you have to pay the in-state tax? Is it when you start doing business or when you initially register your LLC in say Delaware?
7 Replies
Steven Heintz Entrepreneur • Advisor
Chief Technology Officer at Quirky
Delaware allows you to issue more initial shares in your corp (some states have a small tax/fee per share allocated) Also, for a while, Funders (VC's, etc) preferred knowing the ins-and-outs of corp law in one state jurisdiction (vs 50 different sets of state laws) For this reason, it was advantageous to get setup in Delaware if you thought you might pursue funding.
Eoin Matthews Entrepreneur
Cofounder at Point
It's pretty much all for the lawyers/investors in the event of something meaningful happening with your business in terms of funding or m&a. There is also a perception among corporate lawyers that Delaware is predictable whereas California is not -- if you've ever called the California Div. of Corporations with a filing questions, you will often find you get 2 different answers. If you are a foreign corp in CA operating as a DE C corp, you have minimal filings in CA and so the lawyers benefit from the predictability of DE. You benefit from the predictability too since the corp lawyers know DE corp law better and the hours billed should be less. If you are flying solo or as a very small team, a CA LLC may be the best route and then restructure as a DE c-corp when investors are banging on your door (and get the investors to pay for the restructure). Brad Feld posts a useful piece here: http://www.feld.com/wp/archives/2006/05/why-incorporate-in-delaware.html
Michael Brill Entrepreneur
Technology startup exec focused on AI-driven products
As has been discussed on numerous threads, if you do intend to raise money from traditional sources, you'll end up wanting a C corp instead of an LLC. You can change forms later, but if that's your end-goal then just start with a corp.
The primary reason that people form entities outside of their home state comes down to business-friendliness of the courts. Hopefully you won't have to worry about that, but there are tons of gray areas in law where you want a friendly court on your side. People choose Delaware (plus a few other states) because it also imposes the least amount of hassle and restrictions relative to other states. File a form a year and pay a couple hundred dollars and that's it.
There are filing fees of a few hundred dollars plus you probably want a DE registered agent to do the paperwork and that's another couple hundred dollars.
Stephen Williams Advisor
CTO & cofounder at Change My Path
After analyzing everything, for my consulting company I just registered in California. Simpler and I could see no savings when operating in California, just an extra state to deal with. Corporations seem to be taxed the same for income generated in California regardless of where they are based, if they have an operating presence in California. I believe that corporations of every kind owe the $800 minimum California tax the first full year you are in operation, and I decided I had to pay it in the first quarter as an estimated tax payment. I dimly remember some period after first incorporating, the rest of the first year perhaps, where it was waived or delayed or something. The minimum corporate tax is galling, but only matters if you have less income than it represents anyway. More important, depending on what you're doing, is deciding which type of corporation you want: The tax rate on an S-Corp style LLC is 1.5% I think, vs. 8% or more perhaps for a C-Corp. Depending on where the money is going, one or the other is better. For instance, if you are spending it personally in a consulting company, it is going to be double-taxed anyway (other than what you write off), the 1.5% looks better. I've read that there is less rationale to incorporate in Delaware and Nevada than there used to be. The advantages had something to do with yearly fees including on stock issued (some states charge a fee for every share that exists in every corporation every year, prohibitive if you create and/or issue many shares) and perhaps something about corporate rules/requirements and liability. For a consulting company or other small business, little of this seems relevant. For something that is intended to go big, there is probably some cross-over point where the extra expense and headache makes sense. For bootstrapped ventures, you can probably defer the problem by rechartering or creating a subsidiary or similar if and when the situation warrants it. Stephen
Anthony Zeoli Entrepreneur • Advisor
Digital Strategy and WordPress Consultant and Trainer
As Michael Brill said and I second, you would set up a C in Delaware and not your LLC. If you are looking to raise money quickly, then you want to go with a C corp structure. An LLC is not investor friendly and you'll end up needing to restructure. So, if you're doing something like running an agency, you are cash flow positive and you split profits between partners, then you want to do an LLC, because you're not interested in raising money. But, if you're building out a web or mobile app or some other startup and you want to take in VC money, then go with a C corp out of the gate.
Eric Landeen Entrepreneur
Director at doxo
Most people go the Delaware path because that's what most VCs prefer. So it's about setting things up so that there is minimal resistance later if you plan to raise money.
O.Shane Balloun Advisor
Attorney / Shareholder at Balloun Law Professional Corporation
(Obligatory disclaimer: I am a lawyer but not your lawyer for the purposes of this legal information. This is not legal advice.)
Delaware's Court of Chancery is arguably the most respected court with respect to business matters in the nation. The Delaware General Corporation Law is typically clear, and business owners can rely on the treatment they will get when issues have to be litigated over the nature/structure/or ownership of the Delaware corporation. This is one of the two main reasons Silicon Valley VCs urge founders to start with corporations formed in Delaware.
As to LLCs, many people choose Delaware for LLCs as well. I typically prefer Wyoming LLCs for cost reasons, because the Supreme Court of Wyoming is about as friendly to business as they come, and because of a few highly technical differences between laws. Generally, Wyoming > Delaware > Nevada > everything else, though a specific entrepreneur's circumstances may dictate differently.
But after you form the LLC in another state, you will still need to register it in your state where your principal place of business (PPB) is and you will not avoid (typically) paying taxes to that second state.
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January , the festival is famous for San Antonio, which cut a pine tree in the forest and brought to town, offering food and drink typical of the island. During Holy Week is celebrated the "devallament", which is a very ancient procession downstairs emblematic of Pollensa. Also in April is a wine fair island.
During the months of July and August is the music festival with artists very famous.
Perhaps the most emblematic party Pollensa is the battle of Moors and Christians which is celebrated on August 2 in the festivities.
On Wednesdays the weekly market organized in Puerto Pollensa and Pollensa on Sundays.
The beach is a just 10 min. from the apartment, 100 meters. You can also take a boat that takes you to one of the best beaches in Mallorca called Formentor beach. A 5 km can enjoy the beaches of the north in Cala San Vicente or Alcudia.
From the airport to the port of Pollensa is a 50 kilometres. They can use public transport from the airport to the city, and then another bus will take you directly to the port of Pollensa, leaving only a few meters from the apartment.
Airport to Puerto Pollensa 50 km.
Puerto Pollensa to Pollenca 7 km
Puerto Pollensa to Formentor 8 km
Puerto Pollensa to Cala San Vicente 8 km
Puerto Pollensa to Alcudia 6 km
Further Details:
The apartment is located in a place that is very close to shops, restaurants and entertainment venues.
Rental rates
Additional pricing information
|No additional mandatory fees
Changeover Day:
The days are flexible input and output, depending on other inputs.
Notes on prices:
Booking Notes:
When booking you pay a deposit by bank transfer, the rest upon entering the apartment.
Longer term rental details will be discussed at the time of enquiry.
To comply with the Spanish Law of Urban Rentals, and The Tenancy Act you will be asked to sign a contract on booking the apartment.
- 12
- Available arrival
- 12
- Available
- 12
- Unavailable
From the Owner
"With a brand new building, the apartment is immaculate. No expense has been spared, having good quality beds and furniture all done with families in mind. We takes a real pride in presenting a clean and comfortable property and this is reflected throughout. Being on the top floor can be a real advantage, with no noise from above, great views and the choice of enjoying a terraces in full sun or in shade."
Property Type
- apartment
- Air Conditioning
- Lift ...
- Internet
- Living Room ...
- Washing Machine
- Dishwasher
- Freezer
- Kitchen ...
- Microwave
- Oven
- Refrigerator
- Hob
- Dining Area
- Satellite / Cable
- Television
- Long-term Renters Welcome
- children welcome
Location Type
- beach
- near the sea
- resort
- town
- village
- bay
- marina
- museums
- playground
- restaurants
- water parks
- winery tours
Leisure Activities
- bird watching
- horse riding
- outlet shopping
- scenic drives
- walking
Local Services & Businesses
- ATM/bank
- Babysitter
- fitness centre
- groceries
- laundrette - serviced
- massage therapist
- medical services
Sports & Adventure Activities
- cycling
- fishing
- golf
- hiking
- jet skiing
- mountain biking
- mountain climbing
- paragliding
- rafting
- sailing
- diving
- snorkelling
- bay fishing
- surf fishing
- surfing
- swimming
- tennis
- wind-surfing
Floor Area
- 100 m²
- Bathroom 1 - Toilet, Bath (no shower), Shower Enclosure, Bidet
- Bathroom 2 - Toilet, Bath (no shower), Shower Enclosure, Bidet
- En-suite complete bathroom to main bedroom . Separate family bathroom with bath/shower over and wc
- 3 Bedrooms, Sleeps 6
- Bedroom 1
- Bedroom 2
- Bedroom 3
- Description of sleeping capacity: Sleeps 6 (3 Bedrooms) Notes on bedrooms: • 1 double -double bed with mountain views and access to the terrace. • 1 double room with two beds and mountain views. • 1 double room with trundle bed and mountain views.
- Balcony
- Terrace
- Golf ...
- Barbecue
- Self-catering
- Outside: The terraces are attractive and private. Great views to the mountains . Utility Room: Washing machine , iron & ironing board Cleaning / Towels / Linen / Maid service: Prior to arrival,we ensures that the property is always in first class condition. To comply with The Tenancy Act and Spanish Law of Urban Rentals, no other services will be provided during your stay.


text:
Two Masters For Samantha [Awakenings 3] (Siren Publishing Menage Amour)by Michele Zurlo
[Menage Amour: Erotic BDSM Menage a Trois Romance, M/F/M] Aspiring artist Samantha Spencer has been around the BDSM lifestyle for years, but she has never had a taste of it. When identical twins Alexei and Stefano Morozov propose a night of sensuous pleasure, free-spirited Sam jumps at the chance to experience something new, even though she knows it has to be just a passing fling. She's very close to her family, and she knows there is no way they would accept this unconventional relationship. But one night isn't enough for the Morozov brothers. They've found the one woman who can complete them, and they're not willing to give her up. For her, they'll have to pretend to be one man. Samantha isn't comfortable with this arrangement. It feels too much like a betrayal. Can she find the courage to stand up for what she wants and honor the two men who love her? ** A Siren Erotic Romance
Product Details
- 9781610342452
- Publisher:
- Siren Publishing
- Publication date:
- 01/06/2011
- Series:
- Awakenings Series
- Pages:
- 322
- Product dimensions:
- 6.00(w) x 9.00(h) x 0.67(d)
Customer Reviews
Average Review:
Most Helpful Customer Reviews
See all customer reviews
Soo worth it!! Loved every bit of it! Going looking for more from this auther!!!
I was told by a friend that this local author might be something I might enjoy.. I am must admit I am truly and pleasantly surprized. Her calibur of writing is a wonderful treat. I fell in love with these characters. And oh there are pages of filled with dirty, passionate, & naughty sex. Great erotic read that will have your toes curlin and ur heart raacing. Plus I did get a kick out of the mention of michigan towns. Cant wait to read more from this author. Enjoy;) Over 850 pgs
It still seemed like they were very over controling. Also for someone with no experiance they were not fair about talking about limits and what she wanted. Most things she put at hard limits they still pushed and got their way because they used sneaky ways to go around them or when she was not thinking clearly. Everything was so fast and they pushed that way also. They never really gave her time to think things over, expecially with her feeling so emotional and overwhelmed. I dont think this gives a very safe, sane, & consentual outlook to bdsm.
Good book though i would have liked to have known if sammy made it big in the art world


text:
Cucumbers and Onions (Diabetic)
Total Time
Prep 10 mins
Cook 30 mins
The other recipes I've seen have sugar and some have sour cream. This one is diabetic friendly and has neither. It's from Cottage Living Magazine, 8/2007. The magazine says "This is a simple and essential summer recipe, good with everything and a great addition to cold salad platters. Be sure to taste a slice of each cucumber-a bitter one can ruin the whole salad".
Ingredients Nutrition
- 9 cucumbers, about 2 1/2 lbs., scored and cut into 1/4 inch rounds
- 1 red onion, halved and sliced
- 1 teaspoon salt, plus more to taste
- 1 teaspoon celery seed
- 1⁄3 cup cider vinegar
- 1⁄4 cup olive oil
- fresh ground pepper, to taste
- One tip to score the cucumber's skin is to run the tines of a fork from end to the other, working your eay around the entire cucmber.
- Put cucumber and onion in a large mixing bowl, and toss with 1 teaspoon salt and celery seeds.
- Let stand 30 minutes.
- Stir in vinegar and oil.
- Season with additional salt and pepper.
- Refrigerate until ready to serve, up to 3 days.
Most Helpful
I made this with dill instead of celery seed, since I was out of it. I left out the oil too, to save calories. I sweetened it with a little Splenda. Terrific salad! Thanks for sharing the recipe.


text:
For Fun projects #1: Golden Ratio Gauge.
11-01-2012 01:11 AM by JC Boysha | 1 comment »
So, I haven't told you all this yet, but I'm a huge fan of Steve Ramsey at Woodworking for Mere Mortals. I was watching one of his videos and I noticed he made a Golden Ratio (or Phi) Gauge. This gauge is used to determine the proportions of an object so that it matches the Golden Ratio, which is considered a mathematical model for perfect beauty. I'm also a fan of Finite Mathematics. WARNING MATH CONTENT AHEAD! <math>Phi is a mathematical concept. It's a cons...
wedged marking gauge
01-16-2012 10:55 AM by andyboy | 13 comments »
Her are some processes I used to make a marking gauge that locks with a wedge. The timber is NZ Black Maire and Australian Blackwood.
Fibonacci At Any Scale
08-06-2011 05:02 AM by Grumpy | 11 comments »
I thought it was about time I made myself a 'Fibonacci Gauge' and like most of us would I looked up on how everyone else did it. There were some great efforts made by fellow Jocks on the subject;David made a good crack at it http://lumberjocks.com/David/blog/1639so did FJPetruso http://lumberjocks.com/projects/37696and my good buddy Karson http://lumberjocks.com/projects/24528 Karson has his Excel spreadsheet for calculating gauges at any size. This is w...
Height Gauge from Wood Magizne #1: Quick-and-easy height gauge
04-01-2011 03:35 AM by bubinga | 1 comment »
LINK TO WOOD MAG http://www.woodmagazine.com/woodworking-plans/tablesaw/quick-and-easy-height-gauge/?sssdmh=dm17.516531&esrc=nwwood033111&email=3150142140!
Beads Box #6: Incra Style Box Joint Jig/Sled for the Table Saw (998SE)
12-31-2010 02:15 AM by PurpLev | 5 comments »
While waiting for glue to dry I tackled the large drawer that will be faced with the mahogany/maple-stripe front. After the last project where I used dovetails for all the small drawer I wisened up (is that a word?!?) and went with box joint. My box joint jig is based on my Incra 998SE Miter gauge . The 1000SE comes with the flip stop which is very useful with 2 built in stops, and a micro adjustment which I use to sneak up to a perfect box joint fit. For added stability I also use the...
Work(shop) in Progress #16: Incra 998SE Miter Gauge
08-20-2008 04:42 AM by PurpLev | 11 comments »
So I am building a box frame using box-joints. I have my Incra 1000SE miter gauge setup with the stop block to cut the side pieces to length, and I'm all done with that. Time to cut the box joints. So I swap the blade on the table saw with my new (only used once before) Dado blade, I attach my homemade high fence for making box joints onto the Incra 1000 fence, and I'm ready to start cutting. If you've followed the details up to this point – you might have ...
New toys from Woodworkers Expo in San Mateo
11-14-2007 05:55 PM by Nils | 4 comments »
On Saturday I went to the Woodworkers Expo in San Mateo, California. I dragged along a friend who's done some woodworking (he's taking a class at the Palo Alto Adult Ed, which apparently has an awesome shop) but who didn't want to buy anything. I made up for this by spending my entire budget. I had a list of things I "needed" – and I kept pretty close to the list, although my dollar didn't stretch as far as I'd hoped it would. Anyway, here'...
A Clean Shop #1: A New Shop Cabinet
11-12-2007 11:25 PM by Tim Dorcas | 0 comments »
The last two months or so, the shop has been a mess. Partly this is due to not having a place to put all of my lumber but the bigger part is I have had no place to put the larger equipment. Recently in one of the woodworking magazines they built a shop cabinet that housed the same type equipment I was trying to organize. They built it with spruce and peg board. I had some left over melamine (melamine that just happened to match all of the other cabinets in the shop) so I went to work with a d...
Reviews - Tools #2: Router Depth Gauge
10-22-2007 01:24 PM by Dekker | 2 comments »
I got this tool last year as a freebie when I made an order from Rockler, and I just tossed it in my router table and promptly forgot about it. But now that I needed to do some precision router table work, I finally got a chance to use it, and so I'll give a bit of a review. Though I'm sure there are other examples of the same concept, this one can be gotten from Rockler for $5.99. Though they illustrate the gauge being used directly on the router, it is also useful for ...
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text:
October is National Apple Month! I can't think of a better time to shed some light on the wonders of this fabulous fruit. Both delicious and nutritious, apples are a true "superfood" and a great addition to every diet.
Here are 10 wonderful reasons why apples are great:
- Apples are free of fat, cholesterol and sodium.
- A medium apple (about 5 ounces), is satisfying, has a mere 80 calories and equals one carbohydrate choice or fruit exchange.
- They have a low glycemic index (the rate at which they raise blood sugar). In fact, women who eat at least one apple a day have been found to be 28% less likely to develop type 2 diabetes than those who do not eat apples.
- They are loaded with fiber. A medium apple has 4 grams of fiber, most of it in the form of pectin, which lowers cholesterol and blunts blood sugar swings.
- Apples are vitamin and mineral rich providing vitamins A and thiamin, along with healthy doses of potassium, phosphorus and iron.
- According to Cornell University, the fresh apple extract from just one medium apple provides as much antioxidant activity as 1500 milligrams of vitamin C!
- Apples are good for your smile. Apples don't actually clean your teeth but biting and chewing an apple stimulates saliva production which lowers the amount of bacteria in your mouth reducing the risk of tooth decay.
- The flavonoids found in the peel may be potent cancer fighters.
- When it comes to cooking, apples are sweet, crunchy, versatile and economical. Chopped or sliced apples are a perfect topping for hot oatmeal or cottage cheese (especially when finished off with a dusting of cinnamon and a sprinkle of your favorite sweetener), a terrific mix-in for muffins and breads, and a flavorful addition to salads and slaws.
- Nothing beats a hot apple dessert, especially when paired with fragrant cinnamon. Luscious enough for any occasion, this no-sugar added Sour Cream Apple Pie (with just 20 grams of carbs per slice) is a snap to prepare when made with a store-bought pre-prepared crust, while a Microwave Cinnamon Baked Apple is perfect any time at all (even for breakfast) and quick to make.
Marlene Koch
Marlene graduated Magna Cum Laude with a degree in nutrition from U.C.L.A. in 1986 and is one of a select group of dietitians to hold an advanced certificate in Child and Adolescent Weight Management from the American Dietetic Association. Combining her love of food with her educational foundation, she has held such positions as Hospital Foodservice Director, Nutrition Professor, Cooking Instructor for the Columbus State Culinary Academy and as a national nutrition educator to chefs for the American Culinary Federation. Her passion for teaching others how to make healthy food taste delicious also extend to her private nutrition practice specializing in weight loss, diabetes, and wellness.
Marlene loves to teach (and to eat!); her energetic and upbeat style has made her a popular food and nutrition speaker for organizations such as the American Diabetes and American Heart Associations and sought after for television and radio appearances which have included affiliates for ABC, NBC, CBS, FOX and Shaw TV (Vancouver) and radio stations nationwide.
Latest posts by Marlene Koch (see all)
- Simple Strawberry Smoothie - July 20, 2016
- No-Bake Red, White and Blue Cheesecake Cupcakes - June 27, 2012
- Totally Terrific Turkey Burgers - June 27, 2012


text:
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December 17, 1964.
MAIN SHIP REPAIR CORPORATION, employer and Liberty Mutual Insurance Company, insurance carrier, Plaintiffs-Appellants,
Thomas F. HUGHES, as Deputy Commissioner for the Second Compensation District of the United States Department of Labor, Defendant-Appellee.
ZAVATT, Chief Judge.
This case is before the court upon cross-motions for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. The complaint, filed pursuant to 33 U.S.C. § 921, seeks to review and set aside a compensation order of Thomas F. Hughes, Deputy Commissioner, Bureau of Employees' Compensation, United States Department of Labor, dated September 18, 1963, as modified March 26, 1964.
The contested order awarded compensation to one Walter F. Wesolowski (hereinafter the claimant), in the amount of $1,554.00 for a deterioration of his hearing caused by exposure to excessive noise while employed as a welder by Main Ship Repair Corporation aboard the S.S. Kennebec. The complaint alleges that the record does not support the Deputy Commissioner's finding that the plaintiffs are liable for payment of the claimant's entire hearing loss disability as found to exist on January 27, 1962. The plaintiffs contend that the evidence establishes that the claimant suffered a scientifically measured loss of hearing prior to this employment which was in no way related to or caused by his employment with Main Ship Repair Corporation.
Both parties have moved for summary judgment on the ground that there exists no genuine issue of fact. The court must now determine, as a matter of law, if the findings of the Deputy Commissioner are supported by substantial evidence on the record as a whole.
Although described by 33 U.S.C. § 921, as an "injunction proceeding," the instant action is purely one of judicial review. Bassett v. Massman Constr. Co., 120 F.2d 230 (8th Cir.), cert. denied, 314 U.S. 648, 62 S. Ct. 92, 86 L. Ed. 520 (1941). The findings of fact by the Deputy Commissioner are to be accepted unless they are unsupported by substantial evidence on the record as a whole. Rotondi v. McLellan, 194 F. Supp. 415 (E.D.N.Y.1961). See also, Universal Camera Corp. v. NLRB, 340 U.S. 474, 71 S. Ct. 456, 95 L. Ed. 456 (1951); O'Leary v. Brown-Pacific-Maxon, Inc., 340 U.S. 504, 71 S. Ct. 470, 95 L. Ed. 483 (1951); John W. McGrath Corp. v. Hughes, 264 F.2d 314 (2d Cir.), cert. denied, 360 U.S. 931, 79 S. Ct. 1451, 3 L. Ed. 2d 1545 (1959); Gooding v. Willard, 209 F.2d 913 (2d Cir. 1954).
The Findings
The order of the Deputy Commissioner was based upon the following findings:
1. From October 10, 1961 to December 18, 1961, the claimant was in the employ of Main Ship Repair Corporation as a welder engaged in the repair of the S.S. Kennebec;
2. from 1942 to October 9, 1961, the claimant had worked as a welder for many employers, including Main Ship Repair Corporation;
3. during the course of these employments prior to October 10, 1961, he was exposed to injurious noises generated by pneumatic tools operated by chippers, scalers, and caulkers;
4. Main Ship Repair Corporation was the last employer during the periods of employment wherein the claimant was exposed to such noises;
5. the claimant became aware of a deterioration of his hearing on January 27, 1962.
The Deputy Commissioner concluded that the claimant sustained a permanent partial disability (an 11.1% binaural loss of hearing computed in accordance with the American Medical Association formula), occupational in nature, caused by a continuous accumulative deterioration of his hearing as a result of his exposure to injurious noise. The claimant was awarded compensation in the amount of $1,554.00.
Pursuant to an agreement between the parties, embodied in an order of this court, the matter herein was remanded to the Deputy Commissioner for further hearing, findings and evidence consistent with the record. The Deputy Commissioner made the following additional findings:
1. The audiogram dated August 9, 1954, consisted of one single testing in an environment that was not soundproof, thereby exposing the testing procedure to ambient or background noises;
2. the audiogram dated July 9, 1954, consisted solely of one single testing of brief duration, at an unknown hour of the day, by an operator of qualified but limited professional training;
3. a proper audiometric examination is made by skilled, competent and professionally trained individuals under the supervision of an otologist;
4. a proper otological examination consists of more than a single testing. The Deputy Commissioner then concluded that the audiometric tests conducted in 1954 were inadequate, inconclusive and insufficient as evidence, and therefore the award would not be altered.
The Evidence
The plaintiffs contend that two audiograms taken in 1954 establish that claimant suffered a loss of hearing before his employment with Main Ship Repair Corporation commencing on October 10, 1961, and therefore plaintiffs are liable only for the measurable increase in loss of hearing over that allegedly established in 1954.The threshold question is whether the record as a whole supports the finding of the Deputy Commissioner that the audiograms taken in 1954 are inadequate, inconclusive and insufficient. The court finds that the record as a whole supports such a finding.
Dr. Goldner, an otologist, who is in charge of the Audiological Clinic at Polyclinic Hospital and Queens Hospital Center, testified that the technique of taking audiograms is a factor and many audiograms need be taken. He further testified that the circumstances under which an audiogram is conducted may significantly affect the result thereof; such as, working under noisy conditions, fatigue or having a cold. In the course of such an examination it is proper to first take a history and then conduct an examination of the area of the body which is concerned. Dr. Goldner testified that he had often observed errors in audiograms taken by a registered nurse, that a machine is a machine and there is a margin of error which a doctor must take into consideration. He further observed that a registered nurse can be utilized for limited testing but under very strict supervision.
Mr. Alphonso Russen, a registered nurse employed by Bethlehem Steel Corporation, testified that on July 9, 1954, he conducted a single audiometric examination of the claimant. Mr. Russen admittedly lacks special training other than a three day course and does not consider himself an expert in the operation of an audiogram machine. He had no recollection as to what time of day the examination was conducted or whether claimant had worked that day; nor did he recall examining claimant's nose and throat, whether a doctor was in attendance at any time or whether he advised the claimant of any measured hearing loss.
Carol Ann Klotz, a registered nurse employed by Todd Shipyards Corporation, testified that on August 9, 1954, she conducted a single audiometric examination of the claimant. She admitted that her sole training in the use of the machine was given her by another nurse. The examination was of brief duration and was conducted in an ordinary room which was neither airtight nor soundproof and at a time when the windows were probably open. She made no physical examination of claimant's nose, throat or ears and submitted her findings to a doctor who was not an otologist.
It cannot be said that the preceding testimony will not support a logical deduction or inference that the 1954 audiograms were inadequate, inconclusive and insufficient to establish any prior loss of hearing or to establish an awareness by claimant of any such prior loss. Logical deductions and inferences drawn by the Deputy Commissioner from the evidence are to be taken as established facts not judicially reviewable. Parker v. Motor Boat Sales, Inc., 314 U.S. 244, 62 S. Ct. 221, 86 L. Ed. 184 (1941); Mississippi Shipping Co. v. Henderson, 231 F.2d 457 (5th Cir. 1956); Pan American Airways, Inc. v. Willard, 99 F. Supp. 257 (S.D.N.Y.1951). Moreover, where the evidence permits of conflicting inferences, the inference or conclusion drawn by the Deputy Commissioner will not be reviewed by the court. Parker v. Motor Boat Sales, Inc., supra; Pan American Airways, Inc. v. Willard, supra.
The motion of plaintiffs Main Ship Repair Corporation and Liberty Mutual Insurance Company, for summary judgment is denied. The motion of the defendant for summary judgment is granted. Travelers Insurance Co. v. Cardillo, 225 F.2d 137 (2d Cir.), cert. denied, Ira S. Bushey & Sons, Inc. v. Cardillo, 350 U.S. 913, 76 S. Ct. 196, 100 L. Ed. 800 (1955).
Settle on order on or before ten (10) days from the date hereof.
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text:
Students can win a once-in-a-lifetime opportunity to attend the 100th anniversary of the Battle of Vimy Ridge at the Canadian National Vimy Memorial in France.
Young Canadians, aged 14-17, who demonstrate outstanding service, positive contributions, bravery or leadership are eligible to apply for the Vimy Foundation's annual Vimy Pilgrimage Award. This is a fully-funded immersive educational program in France and Belgium to study Canada's tremendous First World War effort.
Scheduled for April 7-16, 2017, the program will include interactive education and visits to significant First World War battlefields, cemeteries, and memorials including the Canadian National Vimy Memorial. The 2017 visit to Vimy will be a unique occasion: on April 9, students will be joined by thousands of others from Canada and around the world to mark the 100th anniversary of the historic battle.
17 Canadian students will be chosen to participate alongside students from Belgium, Great Britain, France, and Germany, for a truly international educational experience.
Applicants are required to submit a motivation letter (500-word maximum) outlining the reasons why they are worthy of the award. In choosing award winners, the Award Committee will put great weight on the enthusiasm and excitement displayed in the motivation letter. Applications must also include two letters of support by a teacher, guidance counsellor or principal; service club; community, provincial or federal organization; or a member of the community. All applications are due November 11, 2016.
Please click here for more information including rules and regulations on Canada's History website.
Deadline for applications was November 11, 2016.
Thank you to all who applied. We will be in touch with all applicants in mid-December.
Curious about past programs? Click here for the 2016 Vimy Pilgrimage Award recipients. Click here to view photos from the 2016 Vimy Pilgrimage Award program.
Additional questions? Send an email to firstname.lastname@example.com.
Thank you to The Peter Cundill Foundation for their generous support of the Vimy Pilgrimage Award. Established in 2012, The Peter Cundill Foundation honours the legacy of renowned Canadian investment fund manager and philanthropist, F. Peter Cundill FCA, CFA, 1938-2011. The Foundation has an emphasis on promoting the health, education and wellbeing of young people.
Thank you to Canada's History and to EF Educational Tours Canada for their ongoing support of the Vimy Pilgrimage Award.


text:
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