text:
Home /
Our Sources / About Us
/ FAQs /
Advanced Search
Not what you're
looking for? Try an advanced search.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
United States District Court, S.D. New York
December 14, 2004.
WILLIAM S. SHANAHAN and ANTARES, LLC, Plaintiffs,
MAURICE VALLAT, JAMES COLLINS-TAYLOR, LOUIS BOWEN, ACL NOMINEES LTD., ACL HOLDINGS LIMITED, and ACL ASIA LIMITED Defendants.
Plaintiffs William S. Shanahan and Antares, LLC, sue Maurice
Vallat, James Collins-Taylor, Louis Bowen and three corporations
ACL Nominees Ltd., ACL Holdings Limited, and ACL Asia Limited
alleging securities fraud in violation of section 12(2) of the
Securities Act of 1933 (Securities Act), sections 10(b) and 20(a)
of the Securities and Exchange Act of 1934 (Exchange Act), Rule
10b-5 promulgated thereunder, and state common law. Defendant
Vallat moves to dismiss the amended complaint pursuant to
Fed.R.Civ.P. 9(b), 12(b)(2), and 12(b)(6). Defendants Collins-Taylor,
Bowen, ACL Nominees Ltd., and ACL Holdings Limited move to
dismiss the complaint under the above rules, and also under
Fed.R.Civ.P. 12(b)(7) and the Private Securities Litigation Reform
Act (PSLRA), or in the alternative, under the doctrines of
international comity and forum non conveniens. For the reasons
set forth below, the motions are denied, with the exception of
defendants' motions to dismiss plaintiffs' claims under Section
12(2) of the Securities Act, and Vallat's and the ACL companies'
motions to dismiss plaintiffs' claim under Section 20(a) of the
Exchange Act, which are granted. Defendants' motion to dismiss
plaintiffs' claim for punitive damages is also granted.
The facts, as alleged in plaintiffs' amended complaint, are as
follows. Plaintiff Shanahan and his company Antares, LLC,*fn1 were fraudulently induced by defendants to invest
funds in Phoenix Telecommunication Limited (Phoenix).
Defendant ACL*fn2 was a financial adviser to Phoenix. (Am.
Compl. ¶ 6). ACL also served as Phoenix's corporate secretary
through August 2000, acted as an escrow agent for Phoenix, and
managed Phoenix's financial accounts and records from its
incorporation through February 2000. (Id.) Defendant
Collins-Taylor was a Director of Phoenix from its incorporation
through May, 2001; Collins-Taylor is Executive Director of ACL,
and had primary responsibility for ACL's work for Phoenix. (Id.
¶ 7) Defendant Bowen is founder and Managing Director of ACL, and
was Collins-Taylor's supervisor at ACL. (Id. ¶ 8) Defendant
Vallat was Chairman of Phoenix's Board of Directors in 1998 and
1999, and remained on Phoenix's Board until he was fired by the
company in December, 2002. (Id. ¶ 5)
On or before March 23, 2000, plaintiffs allege, defendant ACL
provided defendant Vallat with Phoenix's financial statements for
the years 1998 and 1999. (Id. ¶ 18) These statements had been
written by Collins-Taylor under Bowen's supervision and were given to Vallat by ACL with the knowledge
that Vallat would pass them on to Shanahan, who would use them in
deciding whether or not to invest in Phoenix. Bowen and
Collins-Taylor advised Vallat that he was to review only the
portion of the statements pertaining to his own salary and
expenses, and to "rubber stamp" the rest. Vallat forwarded the
statements "to New York with the knowledge that they would be
provided to Shanahan there," and subsequently discussed with
Shanahan his potential investments in Phoenix during a telephonic
meeting of the Phoenix Board, in which Shanahan participated.
(Id.) By October 25, 2000, on the basis of Phoenix's 1998 and
1999 financial statements, Shanahan had invested a total of $2.2
million in Phoenix in exchange for 22 million shares of the
company. (Id. ¶¶ 21-26)
In November, 2000, Phoenix issued financial statements for the
year 2000, which had been compiled by Vallat with the help of "an
accountant he hired" and which were provided to Shanahan in
December 2000 to help him decide whether to make any further
investments in the company. (Id. ¶ 27) Between February 1,
2001, and September 19, 2001, Shanahan invested another
$1,082,650 in Phoenix at $0.10 per share. (Id. ¶ 28) Plaintiff
Antares, LLC, invested $1,756,256 in Phoenix between November 27,
2001 and October 7, 2002, at the same price. (Id. ¶ 29)
Plaintiffs allege that they would not have made any of the above
investments were it not for the 1998, 1999, and 2000 Phoenix
financial statements that defendants provided. (Id. ¶ 30) Beginning in September, 2002, plaintiffs began to learn about
numerous financial improprieties at Phoenix. First, Shanahan
learned that ACL had commingled Phoenix's funds in a general
account, allowing ACL to lend Phoenix's funds to another company
and otherwise mismanage the funds without Phoenix's knowledge or
consent, and without disclosure to any of Phoenix's shareholders.
(Id. ¶ 36) The same month, Shanahan learned that Collins-Taylor
and Bowen had arranged for Phoenix to pay $25,000 to ACL that was
owed by a third party a debt which Phoenix itself had no
obligation to pay. (Id. ¶ 39) Though Phoenix and Sino had a
similar This payment to ACL was not disclosed in any of the
statements provided to plaintiffs. (Id. ¶ 39) Also in
September, 2002, Shanahan learned that Phoenix had been paying
the entire salary of an ACL employee from October 1998 through
September 1999, which was contrary to the percentage payment
agreement for that employee that had been disclosed in the 1998
and 1999 Phoenix financial statements. (Id. ¶ 40)
In November, 2002, Shanahan learned that defendant Vallat
accepted payment from Phoenix for past due salary, even though
Shanahan had already paid Vallat the overdue amount from his own
pocket. This so-called "double payment" was not disclosed in the
financial statements provided to plaintiffs. (Id. ¶ 37) In
December, 2002, Shanahan learned that Vallat had fraudulently
issued 1.5 million shares of Phoenix stock to himself in
December, 2001. (Id. ¶ 38) Around that time Shanahan learned
also that in February, 2000, Vallat, Collins-Taylor, and Bowen had signed a contract to pay Vallat a salary of $9,000 a
month from Phoenix. Vallat never disclosed this contract to the
Phoenix Board of Directors, and instead obtained a higher salary
from the company. (Id. ¶ 41)
Vallat was fired on December 19, 2002, and in January, 2003,
sued Phoenix in Hong Kong for back wages he alleged he was owed
from 1998 through 2002. (Id. ¶¶ 41, 43) Phoenix's purported
underpayments to Vallat were never disclosed to the Phoenix Board
or identified as liabilities in the financial statements
forwarded by defendants to plaintiffs. (Id. ¶¶ 43-44)
Collins-Taylor testified in the Hong Kong labor proceeding that
Vallat had always been owed these wages despite their
nondisclosure in the financial statements he had helped to
compile. (Id. ¶ 48) Vallat was awarded more than $76,000 in
back wages by the Hong Kong court an amount that exceeded
Phoenix's liquid assets. Vallat has since threatened to liquidate
the company to collect the judgment. (Id. ¶ 50)
Because Phoenix's assets were depleted by the Vallat judgment,
Phoenix has been unable to raise money to continue operating, and
plaintiffs' more than $5 million investment has become
"essentially worthless." (Id. ¶ 51) Plaintiffs allege that if
defendants had disclosed Phoenix's liability to Vallat in any of
the financial statements provided to them for the years 1998,
1999, and 2000, the company would have been able to plan for or
pay the necessary expenses, and avoid the Hong Kong litigation
and the subsequent downfall of the company. (Id. ¶¶ 50-51)
This court must view the allegations in the amended complaint
in the light most favorable to the nonmoving party, here the
plaintiffs. Todd v. Exxon Corp., 275 F.3d 191, 197 (2d Cir.
2001). Dismissal is not warranted "unless it appears beyond doubt
that the plaintiff can prove no set of facts in support of his
claim which would entitle him to relief." Conley v. Gibson,
In their amended complaint, plaintiffs accuse defendants of
violating various federal securities laws, including section
12(2) of the Securities Act, sections 10(b) and 20(a) of the
Exchange Act, and Rule 10b-5 promulgated thereunder. They also
allege common law fraud. Defendants respond with two motions
alleging assorted bases for dismissal of the entire action, and
of each of the various claims contained therein. With the
exception of the claim under section 12(2) of the Securities Act
and any claims alleged under section 20(a) of the Exchange Act
against defendants Vallat and ACL, all of plaintiffs' claims
survive. Plaintiffs have adequately pleaded a basis for personal
jurisdiction over defendants; their claims are pleaded with the
requisite specificity; brought in an acceptable forum; do not
violate the principle of international comity; and satisfy the
requirements to state a claim under the various statutes at
issue, except for section 12(2) of the Securities Act. I have provided brief reasons for these determinations
A. Pleading Requirements Under Fed.R.Civ.P. 9(b) and PSLRA
Defendants Vallat, Collins-Taylor, Bowen, ACL Nominees Ltd.,
and ACL Holdings Limited have moved to dismiss plaintiffs'
allegations of fraud for lack of particularity under Fed.R. Civ.
P. 9(b). Defendants Bowen, Collins-Taylor, ACL Nominees Ltd. and
ACL Holdings Limited also allege that plaintiffs' claims are not
pleaded with sufficient particularity under the PSLRA,
15 U.S.C. § 78u-4(b)(1) (2000).
A complaint alleging securities fraud must satisfy Rule 9(b),
Ganino v. Citizens Utils. Co., 228 F.3d 154, 168 (2d Cir.
2000), and that rule requires that "the circumstances
constituting fraud . . . shall be stated with particularity."
Fed.R.Civ.P. 9(b). To comply with Rule 9(b), plaintiffs must
"`(1) specify the statements that . . . were fraudulent, (2)
identify the speaker, (3) state where and when the statements
were made, and (4) explain why the statements were fraudulent."
Novak v. Kasaks, 216 F.3d 300, 306 (2d Cir. 2000) (quoting
Shields v. Citytrust Bancorp Inc., 25 F.3d 1124, 1128 (2d
Cir. 1994)). Similarly, the PSLRA, which applies to securities
fraud claims brought under the Exchange Act only, requires that
the complaint "specify each statement alleged to have been
misleading, the reason or reasons why the statement is
misleading, and, if an allegation regarding the statement or omission is made on information and belief, the complaint shall
state with particularity all facts on which that belief is
formed." 15 U.S.C. § 74u-4(b) (1); see also Rombach v.
Chang, 355 F.3d 164, 170 (2d Cir. 2004). Our Circuit "do[es]
not require the pleading of detailed evidentiary matter in
securities litigation," In re Scholastic Corp. Sec. Litig.,
252 F.3d 63, 72 (2d Cir. 2001), and "malice, intent, knowledge, and
other condition of mind of a person may be averred generally."
Ganino, 228 F.3d at 168.
This Circuit requires also that plaintiffs must plead scienter
in their fraud claims, and "allege facts to support a strong
inference of `an intent to deceive, manipulate, or defraud.'" In
re Vivendi Universal, S.A. Sec. Litig., No. 02-5571, 2003 U.S.
Dist. LEXIS 19431, at *70 (S.D.N.Y. Nov. 3, 2003) (quoting Ernst
& Ernst v. Hochfelder, 425 U.S. 185, 193 n. 12 (1976)). To
prove such intent, plaintiffs must either (a) allege facts to
show defendants had "both motive and opportunity to commit
fraud," or (b) allege facts constituting "strong circumstantial
evidence of conscious misbehavior or recklessness." Ganino,
228 F.3d at 168-69 (quoting Shields, 25 F.3d at 1128).
In addition, plaintiffs are relieved of some of the burden of
pleading specific defendants' specific roles in the alleged fraud
by virtue of the "group pleading doctrine," which allows
plaintiffs "to rely on a presumption that statements in
prospectuses, registration statements, annual reports, press releases, or other group-published information, are the
collective work of those individuals with direct involvement in
the everyday business of the company." In re Oxford Health
Plans, Inc. Sec. Litig., 187 F.R.D. 133, 142 (S.D.N.Y. 1999)
(internal quotation marks omitted); see also DiVittorio v.
Eguidyne Extractive Indus., 822 F.2d 1242, 1247 (2d Cir. 1987);
Luce v. Edelstein, 802 F.2d 49, 55 (2d Cir. 1986); In re
Philip Servs. Corp. Sec. Litig., No. 98-0835, 2004 U.S. Dist.
LEXIS 9261, at *54-*55 (S.D.N.Y. May 19, 2004).
Plaintiffs have satisfied the requirements for particularity
and scienter in their securities fraud claims under the above
standards. The amended complaint sets forth the alleged
fraudulent statements the omission of some of Phoenix's
financial liabilities in the 1998, 1999, and 2000 financial
statements provided to plaintiffs. (Am. Compl. ¶¶ 18, 27, 36-37,
39-50) The complaint identifies the authors of those statements
(Collins-Taylor, under the supervision of Bowen, and ACL
generally for the 1998 and 1999 statements; and Vallat for the
2000 statement), and states when Vallat provided all three
statements to Shanahan. (Id. ¶¶ 18, 27) The complaint, by
alleging material omissions in the financial statements, but for
which plaintiffs would not have invested, specifies why the
statements are fraudulent. (Id. ¶ 30) The complaint also
alleges sufficient scienter under either the motive and
opportunity or the recklessness standard: Defendants were
reckless in failing to disclose known financial liabilities to a potential investor that ultimately may have led to the company's
insolvency; defendants had opportunity to omit liabilities from
the statements by virtue of their collective control over ACL and
Phoenix, and motive to do so in order to attract investors to a
company in need of financing. Finally, the group pleading
doctrine relieves plaintiffs from proving the exact details of
Bowen's, Collins-Taylor's, and Vallat's involvement in the 1998,
1999, and 2000 statements, because all three individuals were
allegedly involved in the everyday business of Phoenix. (Id. ¶¶
5, 7, 8)
B. Transaction and Loss Causation
Defendant Vallat has moved to dismiss plaintiffs' claims under
section 10(b) of the Exchange Act, and under Rule 10b-5
promulgated thereunder, alleging that the amended complaint fails
to allege transaction or loss causation. Defendants
Collins-Taylor, Bowen, ACL Nominees Ltd., and ACL Holdings
Limited move to dismiss the above claims on the ground that no
loss causation is alleged.
A plaintiff must be able to prove causation when alleging
securities fraud, and:
[i]t is settled that causation under federal
securities law is two-pronged: a plaintiff must
allege both transaction causation, i.e., but for the
fraudulent statement or omission, the plaintiff would
not have entered into the transaction; and loss
causation, i.e., that the subject of the fraudulent
statement or omission was the cause of the actual
loss suffered."
Transaction causation is alleged on the face of plaintiffs'
amended complaint: Plaintiffs explicitly allege that but for the
allegedly fraudulent financial statements provided by defendants,
they would not have invested in Phoenix. (Am. Compl. ¶ 30) The
court has no reason to doubt the truthfulness of this statement.
Additionally, plaintiffs are entitled to a rebuttable presumption
of reliance on the fraudulent statements. Cromer Fin. Ltd. v.
Berger, No, 00-2284, 2003 U.S. Dist. LEXIS 10554, at *17
(S.D.N.Y. June 23, 2003).
Loss causation is also apparent from the amended complaint.
Plaintiffs allege that defendants' omissions of Phoenix's
financial liabilities in the statements defendants provided to
them caused plaintiffs to invest, and to end up with an
"essentially worthless" investment when one of those liabilities
became embroiled in a costly lawsuit. (Am. Compl. ¶ 51) These
allegations are sufficient to form a basis for loss causation
under the above standard; both plaintiffs and defendants might have foreseen future losses for Phoenix if the
unreported liabilities had come due, or indeed if any of the
other omissions in the financial statements had caused harm to
the company.
C. Control Liability Under Section 20(a) of the Exchange Act
All defendants move to dismiss plaintiffs' claim for securities
fraud under section 20(a) of the Exchange Act,
15 U.S.C. § 78t(a), which establishes a cause of action for persons in
control of fraudulent activity.
To make a prima facie case under section 20(a), plaintiffs must
show: "(1) a primary violation by a controlled person; (2)
control of the primary violator by the defendant; and (3) that
the controlling person was in some meaningful sense a culpable
participant in the primary violation." Boguslavsky v. Kaplan,
159 F.3d 715, 720 (2d Cir. 1998) (internal quotation marks
omitted). The second element control over a primary violator
may be established by showing that a defendant "`possessed the
power to direct or cause the direction of the management and
policies of a person, whether through the ownership of voting
securities, by contract, or otherwise.'" SEC v. First Jersey
Sec., Inc., 101 F.3d 1450, 1473 (2d Cir. 1996) (quoting
17 C.F.R. § 240.12b-2). The third element of the control person
liability test is subject to the heightened pleading standards of
the PSLRA: The controlling person's role must be stated with
particularity and give rise to an inference of scienter that is, there must be a strong reason to believe
that the controlling person either knew or should have known that
the controlled person was committing fraud. See
15 U.S.C. § 78u-4(b)(2); Abbad v. Amman, No. 03-9169, 2004 U.S. App.
LEXIS 21033, at *1-*3 (2d Cir. Oct. 8, 2004); Gabriel Capital,
L.P. v. Natwest Fin., Inc., 122 F. Supp. 2d 407, 427 (S.D.N.Y.
Plaintiffs' amended complaint satisfies these requirements as
to defendants Bowen and Collins-Taylor. Plaintiffs allege primary
violations by Vallat and the ACL companies, such as the failure
to disclose or point out various financial liabilities in the
Phoenix statements provided to plaintiffs for 1998, 1999, and
2000. (Am. Compl. ¶¶ 36-50) The complaint also alleges that Bowen
was in control of all other defendants by virtue of his position
as founder and Managing Director of ACL, his participation in
ACL's management of Phoenix's affairs, and his direction and
supervision of Collins-Taylor and Vallat. (Am. Compl. ¶ 8) Bowen
is alleged to have had control over the financial statements
provided by ACL to Vallat and plaintiffs; given his level of
involvement in ACL's management of Phoenix's affairs, Bowen knew
or should have known about any fraudulent conduct that was
occurring. Similarly, Collins-Taylor was in control of ACL's
Phoenix operations, sat on the Phoenix Board of Directors, and
allegedly had direct influence over Vallat's conduct and
decisions on the Phoenix Board. (Am. Compl. ¶ 7) The amended
complaint sufficiently pleads control liability as to both Bowen
and Collins-Taylor. Plaintiffs do not appear to accuse ACL or Vallat of control
liability under section 20(a), but to the extent that they do,
those claims are dismissed, as the amended complaint does not
allege that either ACL or Vallat had control over other persons
conducting fraudulent activities.
D. Securities Fraud Under Section 12(2) of the Securities Act
Defendants allege that plaintiffs' claims under section 12(2)
of the Securities Act, 15 U.S.C. § 77l(2), should be dismissed
because the transactions at issue involved the private sale of
securities from Phoenix to Shanahan, and section 12(2) applies
only to public sales and offerings; defendants also argue that
plaintiffs' section 12(2) claim is not pleaded with sufficient
particularity. The latter argument fails for the reasons stated
in Part II.A of this opinion plaintiffs' securities fraud
claims are pleaded with sufficient particularity for the purposes
of Fed.R.Civ.P. Rule 9(b), if Rule 9(b) even applies to
section 12(2) claims. See In re Ultrafem Inc. Sec. Litig.,
91 F. Supp. 2d 678, 690 (S.D.N.Y. 2000) (noting that the Second
Circuit has not ruled on whether Rule 9(b) applies to section
12(2) claims).
Section 12(2) gives a buyer a claim against a seller who makes
material misstatements or omissions "by means of a prospectus or
oral communication." 15 U.S.C. § 77l(2)). "[T]he phrase `oral
communication' is restricted to oral communications that relate
to a prospectus," and the definition of a prospectus under the Securities Act "is confined to documents related to
public offerings by an issuer or its controlling shareholders."
Gustafson v. Alloyd Co., 513 U.S. 561, 567-68, 569 (1995).
The breadth of the Supreme Court's holding in Gustafson has
been disputed in this District. Several courts have held that
Gustafson excludes "purchasers in private or secondary market
offerings" from bringing claims under section 12(2). Saslaw v.
Askari, No. 95-7641, 1997 WL 221208, at *6 (S.D.N.Y. Apr. 25,
1997); see also In re WRT Energy Sec. Litig., No. 96-3611,
1997 U.S. Dist. LEXIS 14009, at *16 (S.D.N.Y. Sept. 9, 1997),
vacated and remanded on other grounds sub nom. Attard v.
McGuire, 75 Fed. Appx. 839, 2003 U.S. App. LEXIS 21098 (2d Cir.
2003). Other courts have held that section 12(2) claims may be
more broadly available where plaintiffs allege that a sale
defendants define as private is actually public. Fisk v.
Super Annuities, Inc., 927 F. Supp. 718, 730 (S.D.N.Y. 1996);
cf. Vannest v. Sage, Rutty & Co., 960 F. Supp. 651, 655
(W.D.N.Y. 1997) (giving controlling weight to the offerors'
intention as to the public or private nature of the sale).
Whether an offering is public within the meaning of the
Securities Act depends on "(1) the number of offerees; (2) the
sophistication of the offerees, including their access to the
type of information that would be contained in a registration
statement; and (3) the manner of the offering." ESI Montgomery
County, Inc. v. Montenay Int'l Corp., 899 F. Supp. 1061, 1065
(S.D.N.Y. 1995) (quoting United States v. Arutunoff,
1 F.3d 1112, 1118 (10th Cir. 1993)). In ESI, the Court held that if the
plaintiffs had alleged a public offering, then it was "premature"
for the Court to "assess the weight" of the above factors and
decide whether the offering was public or private at the summary
judgment stage. Id.
In their amended complaint, plaintiffs state that when
plaintiff Shanahan requested the 1998 and 1999 financial
statements from Phoenix, "by this point in time millions of
shares of Phoenix's had been publicly offered to numerous
investors all over the world." (Am. Compl. ¶ 16) On the face of
the amended complaint, plaintiffs separate the Shanahan
transaction in time from the public offering of Phoenix shares,
and do not claim that his purchase was connected with the
offering. Additionally, there is no allegation that Phoenix's
provision of its 2000 financial statements to Shanahan was in any
way connected with a public offering of Phoenix stock. Analysis
of whether offering is the public or private is unnecessary,
given that plaintiffs themselves do not allege a connection
between Phoenix's public offering and the private sales of
securities by Phoenix to Shanahan and Antares, LLC. Plaintiffs'
section 12(2) claim is therefore invalid under the Supreme
Court's holding that the meaning of the term "prospectus" for the
purposes of the Securities Act "is confined to documents related
to public offerings by an issuer or its controlling
shareholders." Gustafson, 513 U.S. at 569.
Plaintiffs' motion to replead this claim under Fed.R.Civ.P. 15(a) is denied. Plaintiffs already have had one
opportunity to amend their complaint and did not see fit to alter
the allegations underlying their section 12(2) claim at that
point. Plaintiffs' request to replead is framed in general terms
and applies to all claims in the amended complaint; plaintiffs
provide no specific justification for their request to replead
the 12(2) claim. Moreover, in the absence of new evidence, there
is no feasible way repleading could cure the defect in
plaintiffs' 12(2) claim, because the alleged fraudulent
statements were not part of a public offering. The section 12(2)
claim is therefore dismissed with prejudice.
E. Common Law Fraud
Because plaintiffs have sufficiently pleaded at least one
federal securities fraud claim, this court retains supplemental
jurisdiction over plaintiffs' common law fraud claim.
F. Personal Jurisdiction
Personal jurisdiction under the federal securities laws is
measured by the limits of the Fifth Amendment Due Process Clause.
SEC v. Softpoint, Inc., No. 95-2951, 2001 U.S. Dist. LEXIS
286, at *6-*7 (S.D.N.Y. Jan. 17, 2001); see also SEC v.
Unifund SAL, 910 F.2d 1028, 1033 (2d Cir. 1990).*fn3 The
due process test for personal jurisdiction analysis has two
components: A "minimum contacts" inquiry and a "reasonableness"
inquiry. Metro. Life Ins. Co. v. Robertson-Ceco Corp.,
84 F.3d 560, 567 (2d Cir. 1996).
When personal jurisdiction is assessed under a federal statute,
minimum contacts are to be examined between defendants and the
forum nation, rather than between defendants and the forum state.
Cromer Fin. Ltd. v. Berger, 137 F. Supp. 2d 452, 473
(S.D.N.Y. 2001); Softpoint, 2001 U.S. Dist. LEXIS 286, at
*9-*10; see also Chew v. Dietrich, 143 F.3d 24, 28 n. 4 (2d
Cir. 1998). Minimum contacts analysis has a specific component,
which encompasses whether "defendant has purposefully directed
his activities at residents of the forum, and the litigation
results from alleged injuries that arise out of or relate to
those activities," Burger King Corp. v. Rudzewicz,
471 U.S. 462, 472 (1985) (citation and internal quotation marks omitted),
and a general component, which requires defendant to have
"continuous and systematic general business contacts" with the
forum. Helicopteros Nacionales de Colombia, S.A. v. Hall,
If minimum contacts are established, the court must assess the
reasonableness of exercising personal jurisdiction over
defendant. That inquiry is determined by weighing the following
(1) the burden that the exercise of jurisdiction will
impose on the defendant; (2) the interests of the
forum state in adjudicating the case; (3) the
plaintiff's interest in obtaining convenient and
effective relief; (4) the interstate judicial
system's interest in obtaining the most efficient
resolution of the controversy; and (5) the shared
interest of the states in furthering substantive
social policies.
If personal jurisdiction is established under a federal
statute, then pendent personal jurisdiction may be asserted over
plaintiffs' state law claim if the state and federal claims
"derive from a common nucleus of operative fact," and where the
"federal statute authorizes nationwide service of process" even
if personal jurisdiction over the state claim is not "otherwise
available." IUE AFL-CIO Pension Fund v. Herrmann,
9 F.3d 1049, 1056 (2d Cir. 1993).
Following the above analysis, personal jurisdiction exists over
all defendants in this case. The amended complaint alleges that
Bowen and Vallat visited the United States several times to
solicit investors for Phoenix, including one trip in November
1999 that included visits to Texas, Louisiana, and New York. (Am.
Compl. ¶¶ 5, 8) All defendants provided Shanahan in New York with
the financial statements that have led to this litigation (all
defendants were involved in the 1998 and 1999 statements, and Vallat provided the 2000 statement), and all
noncorporate defendants contacted Shanahan in New York by
telephone, fax, and email while negotiating his investment in
Phoenix. (Am. Compl. ¶¶ 15-16, 18)
These contacts are sufficient to establish specific personal
jurisdiction: Defendants acted with intent to influence a
resident of the United States, and this litigation arises out of
defendants' acts. Defendants' frequent business contacts with
United States residents through ACL and individually establish
general personal jurisdiction. The reasonableness of exercising
personal jurisdiction is also evident: Plaintiff Shanahan resides
in the United States and works in New York, making this forum
convenient for him; "The United States has a substantial interest
in the enforcement of its securities laws," Cromer Fin.,
137 F. Supp. 2d at 479; New York has a strong interest in a fraud which
was perpetrated against one of its citizens; defendants reside in
many different countries,*fn4 "such that the choice of the
Southern District of New York for litigation provides both a
convenient forum [for plaintiff] and one with expertise in this kind of
litigation." Id.
Finally, this court retains pendent personal jurisdiction over
plaintiffs' state fraud claims against defendants, because
worldwide service of process applies to the Securities Act and
the Exchange Act, see 15 U.S.C. § 77v(a) and 15 U.S.C. § 78aa,
and because the alleged state and federal claims stem from the
same facts. Therefore personal jurisdiction in this district is
proper as to all defendants in this case.
G. International Comity
Defendants ACL, Bowen, and Collins-Taylor have moved to dismiss
on the ground of international comity, arguing that a proceeding
for back pay instituted by defendant Vallat in the Hong Kong
Labour Tribunal should bar any action by this court in this
matter. (Def. Mem. at 38-40)
International comity is "the recognition which one nation
allows within its territory to the legislative, executive, or
judicial acts of another nation." Hilton v. Guyot,
159 U.S. 113, 164 (1895). Comity is a rule of "practice, convenience, and
expediency," rather than one of law, Somportex, Ltd. v.
Philadephia Chewing Gum, 453 F.2d 435, 440 (3d Cir. 1971), and
"courts will not extend comity to foreign proceedings when doing
so would be contrary to the policies or prejudicial to the
interests of the United States." Pravin Banker Assocs. v.
Banco Popular Del Peru, 109 F.3d 850, 854 (2d Cir. 1997). The principle of international comity will permit a court to
decline to hear a case only when there is a "true conflict"
between the laws of the countries involved. Hartford Fire Ins.
Co. v. California, 509 U.S. 764, 798-99 (1993). A true
conflict exists between the laws of two countries "only if the
laws of one `require conduct that violates [the laws of the
other.]'" In re CINAR Corp. Sec. Litig., 186 F. Supp. 2d 279,
291 (E.D.N.Y. 2002) (quoting In re Maxwell Communication Corp.,
93 F.3d 1036, 1050 (2d Cir. 1996)) (alteration in original). If a
true conflict is found, the court must then apply a seven-factor
balancing test to identify the strength of each country's
interest in the matter and determine whether the case should be
dismissed on comity grounds. In re CINAR,
186 F. Supp. 2d at 291; see also Filetech, S.A. v. Fr. Telecom S.A.,
157 F.3d 922, 928-29 (2d Cir. 1998).
In this case, we need look no further than the "true conflict"
requirement to determine that the principle of international
comity does not require dismissal here. The Hong Kong Labour
Tribunal's decision that Vallat was owed back wages by Phoenix
has no bearing on this action, which concerns alleged securities
fraud by Phoenix against plaintiffs Shanahan and Antares, LLC.
The fact that the Hong Kong Tribunal did not award Vallat back
pay for 1998 and 1999 does not affect whether or not the
nondisclosure of those liabilities in the 1998 and 1999 financial
statements constituted securities fraud under United States law,
and no foreign law will be violated if this court considers the fact that those liabilities were unreported. That
the Securities and Futures Commission in Hong Kong and the
Commercial Crime Bureau of the Hong Kong Police have both
declined to investigate whether or not Phoenix's actions
constituted crimes in Hong Kong also has no bearing on and
creates no conflict with the securities laws of this nation. No
true conflict is present, and even if one were present, the court
would retain this case because the United States has a strong
interest in enforcing its own securities laws when one of its
residents has alleged a violation thereof. Cromer Fin.,
137 F. Supp. 2d at 479.
H. Forum Non Conveniens
Defendants ACL, Bowen, and Collins-Taylor have moved to dismiss
the amended complaint also on the ground of forum non conveniens.
The parties in this case are located all over the world,*fn5
but defendants argue that Hong Kong is the most appropriate and
convenient forum.
The doctrine of forum non conveniens permits a district court
"in rare instances," Wiwa v. Royal Dutch Petroleum Co.,
226 F.3d 88, 100 (2d Cir. 2000) to dismiss a case otherwise properly
brought if moving the case elsewhere "will best serve the
convenience of the parties and the ends of justice." Koster v.
(American) Lumbermens Mut. Cas. Co., 330 U.S. 518, 527 (1947). In assessing a forum non conveniens motion, the court must engage
in a two-step analysis: First, the court must determine if an
adequate alternative forum exists, and if one does, the court
nonetheless applies a presumption in favor of the plaintiff's
choice of forum. Second, the court must weigh factors related to
the public interest and the private interests of the parties to
determine whether the presumption in favor of the plaintiff's
forum is overcome. Iragorri v. Int'l Elevator Inc.,
243 F.3d 678, 680 (2d Cir. 2001). "[U]nless the balance is strongly in
favor of the defendant, the plaintiff's choice of forum should
rarely be disturbed," Gulf Oil Corp. v. Gilbert,
330 U.S. 501, 508 (1947), and the burden of proof to demonstrate
inconvenience is on the defendant seeking dismissal. DiRenzo v.
Philip Servs. Corp., 232 F.3d 49, 57 (2d Cir. 2000). A
plaintiff's choice of forum is given even more weight if the
plaintiff has chosen to litigate in the United States, his home
forum, and defendants seek to litigate the case in a foreign
jurisdiction. Id. at 62-63 ("Our result is not motivated by
jingoism, but rather by the sensible consideration that the
greater connections a plaintiff has to his chosen forum, the more
likely is the inconvenience to him resulting from changing to a
foreign forum.").
"An alternate forum will normally be adequate so long as the
defendant is amenable to process there," DiRenzo,
232 F.3d at 57, and by that standard, Hong Kong is an adequate alternative
forum because the federal securities laws at issue provide for
worldwide service of process. Additionally, courts in this district have found Hong Kong to be an adequate alternative forum
for litigation of commercial disputes, see, e.g., Yung v.
Lee, No. 00-3965, 2002 U.S. Dist. LEXIS 16655, at *6 (S.D.N.Y.
Sept. 5, 2002), and plaintiffs have not argued to the contrary.
Having found an adequate alternative forum, the court must
apply the presumption in favor of plaintiffs' choice of forum,
and then balance the public and private interest factors to
decide whether dismissal is appropriate despite the presumption.
In Gulf Oil Corp. v. Gilbert, the Supreme Court enumerated
five "public interest" factors to assess in considering a forum
non conveniens motion:
"the administrative difficulties flowing from court
congestion; the `local interest in having localized
controversies decided at home'; the interest in
having the trial of a diversity case in a forum that
is at home with the law that must govern the action;
the avoidance of unnecessary problems in conflict of
laws, or in the application of foreign law; and the
unfairness of burdening citizens in an unrelated
forum with jury duty."
Administrative difficulties are not a factor in this case.
See Cromer Fin. Ltd. v. Berger, 158 F. Supp. 2d 347, 355
(S.D.N.Y. 2001) ("While the docket of the Southern District is an
active one, courts in this district have shown themselves more
than able to address the issues that arise in complex actions in
an expeditious and comprehensive manner.") Because plaintiffs
allege fraud under United States law, committed at least
partially in New York against plaintiffs based in New York and Connecticut, New York has a greater public interest in being host
to the litigation than does Hong Kong, which is simply the
residence and place of business of several (but not all) of the
The private interest factors elaborated by the Gilbert court
also fail to tip the balance in defendants' favor. These factors
include: "(1) ease of access to evidence; (2) the availability of
compulsory process to compel the attendance of unwilling
witnesses; (3) the cost of willing witnesses' attendance; . . .
and all other factors that might make the trial quicker or less
expensive." DiRenzo, 232 F.3d at 66 (citing Gilbert,
330 U.S. at 508). These factors weigh less clearly in favor of plaintiffs,
simply because the parties and the evidence are spread all over
the world plaintiffs are in New York and Connecticut, several
defendants are in Hong Kong, one is in France, and Phoenix and
many of its documents are in Rome. See supra note 4. But
wherever the case is adjudicated, at least some of the parties
and witnesses will incur expenses and be inconvenienced by
travel. Because neither the public nor the private Gilbert
factors weigh in favor of defendants, the court must apply the
presumption in favor of plaintiffs' choice of forum, and deny
defendants' motion for dismissal on the ground of forum non
Defendants ACL, Bowen, and Collins-Taylor also move to dismiss plaintiffs' claim for punitive damages. Under New York
law, punitive damages are not available in "the ordinary fraud
and deceit case," but they may be available in fraud actions
where the fraud "is gross and involves high moral culpability."
Walker v. Sheldon, 10 N.Y.2d 401, 405, 223 N.Y.S.2d 488, 499
(1961). See also Lovely Peoples Fashion, Inc. v. Magna
Fabrics, Inc., No. 95-8450, 1998 U.S. Dist. LEXIS 11197, at *27
(S.D.N.Y. July 22, 1998) (allowing punitive damages if plaintiffs
could plead and prove that defendants engaged in `gross, wanton,
or willful fraud or other morally culpable conduct.'") (quoting
China Trust Bank v. Standard Chartered Bank, PLC,
981 F. Supp. 282 (S.D.N.Y. 1997)). There is no need to prove that the
fraud is aimed at the general public to recover punitive damages.
See id.; Borkowski v. Borkowski, 39 N.Y.2d 982, 983,
387 N.Y.S.2d 233, 234 (1976); Blakeslee v. Rabinor,
182 A.D.2d 390, 392, 582 N.Y.S.2d 132, 134 (1st Dep't 1992).
Plaintiffs have sufficiently pleaded a case for fraud, but have
not alleged facts that point to high moral culpability or to
gross, wanton, or willful fraud. Defendants have not been
convicted of any crime relating to this transaction, either in
Hong Kong or in the United States. The dollar value of the
information omitted from the Phoenix statements provided to
plaintiffs, and defendants' other alleged omissions, appears to
be little more than $200,000, while plaintiffs invested more than
$5 million in Phoenix. Although these omissions did ultimately
lead to a costly litigation and the near-liquidation of Phoenix, defendants do not appear to have acted with greater moral
culpability than is involved in an "ordinary" fraud case.
Therefore, defendants' motion to dismiss plaintiffs' claim for
punitive damages is granted.
* * *
For the reasons set forth above, defendants' motions to dismiss
are denied, with the exception of Vallat's and the ACL companies'
motions to dismiss a claim under section 20(a) of the Exchange
Act against them, and all defendants' motions to dismiss
plaintiffs' claims under section 12(2) of the Securities Act,
which are granted. Defendants' motion to dismiss plaintiffs'
claim for punitive damages is granted.
Our website includes the main text of the court's opinion but does not include the
docket number, case citation or footnotes. Upon purchase, docket numbers and/or
citations allow you to research a case further or to use a case in a legal proceeding.
Footnotes (if any) include details of the court's decision.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
LRC, Inc. About Us


text:
"The dogs loved their stay at Emma's. She is very much a dog person. We were sent photos during..."
"Thank you Isabel for taking such great care of Baxter and our home. We will definitely use..."
"Fantastic. Indie loved her stay with Laura....she will be back!"
"Luke and his housemates were very accommodating when I was delayed coming back to Melbourne from..."
"Excellent as always, Ramsey really enjoyed his atay with Christine especially as he got to play..."
"Peanut and butter had a great weekend. They are so happy and would come stay again you are such a..."
"Return visit, and quite honestly when we got out of the car, Sally was so desperate to get inside..."
"Ariel is very caring and attentive. She sends photos of Bobo at the park, and he looked like he's..."
"Wynona looked after Lucy for the night. All went well :)"
"Very happy, annabel clearly loves dogs a lot!"
"Fantastic with dogs and a lovely girl as well "
"Therezia was wonderful with Ginny and very easy to make arrangements with! "
"It was real easy to get in touch with Kirsty, immediate response. She was very friendly,..."

subset: commoncrawl


text:
Snow at Sarusawa Pond, by Tsuchiya Koitsu, 1934
Snow at Sarusawa Pond, by Tsuchiya Koitsu, 1934
Tsuchiya Koitsu (1870‒1949)
Benkei Bridge - Tsuchiya Koitsu
Benkei Bridge at Night (Detail) - Tsuchiya Koitsu 1933
Japanese 1870 - 1949
What is it about this twilight hour? Even the sound of a barely perceptible breeze pierces the heart. (Ono no Komachi, c. 825 – c. 900, Japanese poet of the early Heian period).
It's no longer day but night hasn't come yet either. One by one, the voices that fill the hours of the day with their incessant noise fade until the silence is almost complete. Some aspects of the colours stay concealed in daylight, but now comes the moment for them to appear. The evening light reduces every superfluous detail, every unnecessary shape; it is at the same time the absolute truth and the most beautiful lie.
Today let's wander in evening landscapes (top to bottom, left to right): Evening at Ushibori, by Kawase Hasui, 1930 [source]; Evening Glow at Choshi, by Tsuchiya Koitsu, 1932 [source]; Dusk at Itako, by Kawase Hasui, 1932 [source]; Fishing Boats at Sea, by Ohara Koson, c. 1900 [source]; Evening at Minano in Chichibu, by Kawase Hasui, 1946 [source]; Evening Snow at Hashiba, by Utagawa Hiroshige II 1861 [source].
Tsuchiya Koitsu
Kofukuji Temple in Nara, 1937, Tsuchiya Koitsu
Japan, 1932Prints; woodcuts Color woodblock print
Sarusawa pond in Nara, woodblock print by Tsuchiya Koitsu, ca. 1930.
Long Spell of Rain -
Tsuchiya Koitsu 1930
Japanese, 1870-1949
Nothing in the world is usual today. This is the first morning (Izumi Shikibu, Japanese poet of the mid-Heian period).
The light returns, bringing back shapes and colours. Everything seems just as it was when the night was falling; the night may wrap things tightly, but when it passes, they remain undiminished. But maybe not only that; maybe each passing night leaves a veneer of melancholy and each dawn reveals a new layer. This shore, that village, those streets are just like always, just like never before.
Wandering in morning landscapes with (top to bottom, left to right): Tsuchiya Koitsu, Morning Fuji from Lake Kawaguchi, 1936 [source]; Yoshikawa Kanpo, Sanjo Ohashi, no date [source]; Kawase Hasui, Morning in Dotonbori, Osaka, 1921 [source]; Kawase Hasui, Morning on the Daikon Wharf, 1927 [source]; Kawase Hasui, Morning at Cape Inubo, 1931 [source]; Kasamatsu Shiro, Clear Morning After Snow at Shinobazu Pond, 1938 [source]; Kawase Hasui, Morning in Dotonbori, Osaka, 1933 [source]; Kawase Hasui, Beppu in the Morning, Oita, 1928 [source]; Utagawa Hiroshige, Snowy Morning in the Yoshiwara, 1832–1838 [source].
Tsuchiya Koitsu - Tea House (1935)
Sparrows and snow, woodblock print by Tsuchiya Koitsu, ca. 1930.
Benkei Bridge , Spring - Koitsu, Tsuchiya 1939
Japanese 1870-1949
I watch over
the spring night—
but no amount of guarding
is enough to make it stay.
(Izumi Shikibu, Japanese poet of the mid-Heian period)
A spring night, made of blossom, moonlight, and the whisper of the wind in fresh green leaves is fragile by its very nature; trying to grasp it in its floating splendour is a vain effort. But its spirit is persistent—so much so that sometimes in mid-winter we catch a sudden whiff of cherry petals bathed in moonlight.
Top to bottom, left to right: Tsuchiya Koitsu, Benkei Bridge, 1933 [source]; Tsuchiya Koitsu, Spring Moon at Osaka Castle, 1932 [source]; Kawase Hasui, Spring Evening at Inokashira Park, 1931 [source]; Kawase Hasui, Spring Evening at the Tōshōgū Shrine in Ueno, 1948 [source]; Kawase Hasui, Night View of Cherry Blossoms at Koganei, 1935 [source]; Kawase Hasui, Tochinoki Hot Springs in Higo Province, 1922 [source].
Tsuchiya Koitsu 土屋光逸 (Japanese, 1870-1949, b. Hammamatsu, Japan) - 長雨 (Heavy Rain), 1930 Woodblock
Hetalia + Art: Asian Countries + Greece
China: Pavilions in the mountains of the immortals by Qiu Ying
Japan: Snow at Miyajima by Tsuchiya Koitsu
(South) Korea Oksunbong Peak by Kim Hong-do
Greece Sailing boats by Alexandros Christofis
Art by Himaruya, transparents by @transparentalia
No need of credit of permission, just don't claim it as your own.
Tsuchiya Koitsu, Five-story Pagoda, Nikko, c.1948 (source).
Great lantern at the Kaminarimon gate leading to the Senso-ji temple in Asakusa - by Tsuchiya Koitsu ca. 1930.
Cyclamen - Tsuchiya_Koitsu 1930s
Japanese 1870-1949
Watercolour 37,5 x 27,0 cm.


text:
A Good Deal: No Evil 022
Round up4.31 / 5.00 1,634 Views
Park Bench
A short film about a park bench4.12 / 5.00 1,189 Views
frog thing
frogggsgsgs3.86 / 5.00 1,398 Views
The number one
The number one rule with making a joke on the internet is...
Fools with two digit IQ's who are too dumb to get it become confused and run their mouth. First off, This all happened on APRIL FOOLS DAY, and China would never, NEVER have any tankman like images being put on their internet. Seriously though, go look up lolcats or somthing rather than annoy us who know our feet from out heads.
C'mon people, act mature for once
I don't see what everyones problem is. everyone is a HUMAN BEING, it doesn't matter if were Chinees, African American or Aborigional, we all have the same nneds and wants. If everybody is going to throw a temper tantrum because someone pays a tribute to China.
I don't think people can do that
Angry People
people just can't take jokes any more...
I know, it's sad
just asking.......
how come as soon as this big Chinese thing comes out I'm not allowed to watch madness anymore? dos it have somthin to do with this? if so..... LET ME WATCH MADDNESS COMBAT!!!!!
Good Job
Nice work on this. I think others fail to see that this was meant for the Chinese... Not USA, You can clearly see that in the authors comments. "I welcome you CHINA." Anyways, keep up the positive thinking LittleRena. :)


text:
Hostelworld beveelt aan
Wij zijn dol op dit hostel! Ze verdienen een dikke pluim voor consequent hoge klantenbeoordelingen en uitstekende scores voor kwaliteit.
Resultaten vergelijken
Wanneer wilt u in Cat Ba Island verblijven?
Voer datums in om beschikbaarheid te controleren
- Beschikbaarheid en prijzen opzoeken
- 05 dec 2016, 3 Nachten
- 2 Gasten
- Verander zoekopdracht
- Prijs
- Klassement
- Afstand
- Naam
- Weergeven:
- Lijst
- Foto's
- Prijs
- Kamer
- Faciliteiten
- Meer
- Klassement
- type
- Payment
Alles opnieuw instellen
- toon meer Minder tonen
Cat Ba Mountain View Guesthouse
All with air conditioning, fully equipped bathrooms, lockers and free WiFi for our guests these rooms also have the charm of being much more immersed in nature than any other hostel in Cat Ba.
Ther... Meer...
Catba Central Hostel
CatBa Central Hostel, situated on the ocean/harbour promenade, offering 54 beds in two shared dorms and two female dorm. Private rooms are available in our owned hotel adjacent to the Hostel. A breakf... Meer...
Woodstock Beach Camp
Woodstock Beach Camp is located at a remote bay with a private beach, about 6 kilometers away from the busy life of Cat Ba town. Here you will enjoy a quiet and laidback atmosphere, what makes it the... Meer...
Cat Ba Guest House
Cat Ba Guest House is located in the tourist center of Cat Ba town, just a about 400m from the Speedboat terminal or Cat Ba bus station. We are 1 Kms to the Ben Beo harbor, cannon fort and Cat Bo beac... Meer...
Full Moon Party Hotel
The Full Moon Party Hotel is located in Cat Ba Town, Just a five hour bus ride from Hanoi. All rooms are equipped with A/C, TV's Double beds and Wifi throughout the hotel. We have three different type... Meer...
- Prijs Kamertype
Catba Hostel
Catba, the most beautiful and the largest one in the archipelago of 1969 islands, is a natural world heritage amid the Ha Long Bay and was recognized by UNESCO as a World Biosphere Reserve on April 1,... Meer...
- Prijs Kamertype
Cat Ba House Backpackers
Cat Ba House Backpackers Hostel has 14 double rooms, each with two comfortable, soft double beds. Every room has air conditioning, fans, hot water and a wardrobe. We have 24 hour reception, and famili... Meer...
Cat Ong Island Beach Cottages
An eco-cottage made with all natural material, built along the private beach and just 3 miles from Cat Ba town. We offer clean and friendly budget bungalows in a great island!
Cat Ong island is an... Meer...
- Prijs Kamertype
Trang Anh Seaview Hotel
Cat Ba, the most beautiful and the largest one in the archipelago of 1969 islands, is a natural world heritage amid the Ha Long Bay and was recognized by UNESCO as a World Biosphere Reserve on April 1... Meer...
Catba Ecolodge Resort
Wooden-style rooms are air-conditioned and come with a flat-screen cable TV. Mountain and garden views can be enjoyed. A minibar and tea/coffee-making facilities are provided.
All units include a s... Meer...
- Prijs Kamertype
Thao Minh New Star Hotel
Thao Minh New Star hotel is situated on the harbour front in Cat Ba Town. We welcome you to stay in our comfortable hotel and enjoy our restaurant which is open for breakfast, lunch and dinner. Cat Ba... Meer...
- Prijs Kamertype
Ngoc Hoa Hotel
Ngoc Hoa Hotel is located in the center of Cat Ba tourism, 50 meters far from high-speed boat station, 20 meters far from bus station, in front of Cat Ba Bay. From hotel to Cat Co beach about 800 met... Meer...
- Prijs Kamertype
Monkey Island Resort
Monkey Island is a private island located 2 miles from Cat Ba town. The beach here is one of the most beautiful beaches in Cat Ba Island. The sea water is so clean and emerald, the climate here is won... Meer...
- Prijs Kamertype
Hostelworld mobiele apps
Boek onderweg met de nieuwe mobiele apps van Hostelworld.


text:
FREE NEWSLETTER: Econintersect sends a nightly newsletter highlighting news events of the day, and providing a summary of new articles posted on the website. Econintersect will not sell or pass your email address to others per our privacy policy. You can cancel this subscription at any time by selecting the unsubscribing link in the footer of each email.
With the Federal Aviation Administration, FAA, recently releasing new rules regarding commercial drone operations, it seems like it will only be a matter of time before the skies will be buzzing with drone deliveries. One company aims to take drone deliveries to the nation's capital. Will Washington, DC soon see packages and pizzas delivered by drone.
Historical List of Video of the Day:
If the video you are looking for is not the one being previewed today, here is our historical list (click on hyperlink to view):
Click here to view the "Video of the Day" list for this year
Click here to view the "Video of the Day" list for 2015
Click here to view the "Video of the Day" list for 2014
Click here to view the "Video of the Day" list for 2013 and before.
>>>>> Scroll down to view and make comments <<<<<<
Econintersect Video of the Day
|.... and keep up with economic news using our dynamic economic newspapers with the largest international coverage on the internet
|Asia / Pacific
|Middle East / Africa
|USA Government
This Web Page by Steven Hansen ---- Copyright 2010 - 2016 Econintersect LLC - all rights reserved


text:
The Martian Chronicles
Bantam Books, 1977 - Fiction - 181 pages
Bradbury's Mars is a place of hope, dreams and metaphor - of crystal pillars and fossil seas - where a fine dust settles on the great, empty cities of a silently destroyed civilization. It is here the invaders have come to despoil and commercialize, to grow and to learn - first a trickle, then a torrent, rushing from a world with no future toward a promise of tomorrow. The Earthman conquers Mars...and then is conquered by it, lulled by dangerous lies of comfort and familiarity, and enchanted by the lingering glamour of an ancient, mysterious native race.
What people are saying - Write a review
User ratings
|5 stars
|4 stars
|3 stars
|2 stars
|1 star
The Martian chroniclesUser Review - Not Available - Book Verdict
This 1950 short story cycle is a future history of the colonization of the Red planet. At first, the Martians repel the invaders, but Earth's fourth expedition succeeds, helped along by a plague that ... Read full review
User Review - Flag as inappropriate
This book is great and captivating from beggining to end. Ray Bradbury really knows how to "construct" the mind of and alien and what it thinks of us coming to mars. Amazingly he brings up problems that we are having with the earth today. He provides deatail in every corner of the book. I loved it.
Other editions - View all
Common terms and phrases
asked Belter Biggs blew blue breath burned canal Captain Black Captain John Black Captain Wilder chess cities chicken pox cold cool cried damn dark dead dead sea door dream dust Earth Elma empty eyes face fire Garrett Genevieve gone Grandpa green hands Harry Lauder Hathaway Hello hills Hinkston hypnosis kill LaFarge land laughed light listened looked Lustig Mars Martian Martian canaL MARTIAN CHRONICLES mask morning mouth moved never night Parkhill Pikes planet porch quiet rain RAY BRADBURY robot rocket Rocket summer sand screamed ship shouted silent silly silver pistol smiled softly someone sound Spender Stendahl stood talk Teece Telepathy There's thin thing thought thousand Timothy Tomas tonight town trees turned voice waited walked warm watched What's whispered wind woman
References to this book
Times Square Red, Times Square Blue
Samuel R. Delany
Limited preview - 1999
All Book Search results »


text:
2N is heading to London for IFSEC
In just a few weeks we will be launching our latest Access Control solution at the largest security-focused European trade fair, the IFSEC International 2016 (21-23/6/2016) in London. Visitors to our stand D1625 will have the opportunity to see with their own eyes why 2N products belong among the most highly regarded not just in Europe, but worldwide.
The issue of personal security in buildings, whether it be kids in school, or staff in companies or administrative offices is constantly gaining importance worldwide. This is a major topic for 2N, because it is precisely about intercoms and access control systems, i.e. our core portfolio products, which are in the front line in the event of a violent building intrusion. This is exactly why in their manufacture we place such great emphasis not only on their physical ruggedness, but also some key features.
These include the integral HD camera, the night vision function, full integration with CCTV systems, but also novelties that we shall be showing to those who visit our stand, and which set our intercoms apart from most competing products. These important functions will most definitely be appreciated by anyone tasked with the safety and security of persons in their building or on the premises, whether they be employees, school children or residents of an apartment house.
In addition to our stand D1625 you will encounter 2N in a special section of the exhibition dedicated to the Smart Home. In the central part of the exhibition space a small model apartment will show in a realistic setting the smart home solutions from Control4. And one of the featured products is our smart door phone!
Sign up for free today and come and see all our product benefits with your own eyes!
We look forward to seeing you there!


text:
03-26-2004, 04:01 PM #1Junior Guru
- Join Date
- Nov 2003
- Posts
- 212
New P4 Processor w/1meg cache compatibility question
Hey everyone.
I just got a new 2.4Ghz P4 with the 1meg cache. Installed in and it appears to be dead. Before I request and RMA though, I wanted to check and make sure that there isnt some type of compatibility issue that I havnt heard about or something like that. These new large cache chips should work on any P4 ready motherboard right?
03-26-2004, 04:36 PM #2Web Hosting Master
- Join Date
- Nov 2000
- Location
- localhost
- Posts
- 3,510
IIRC You have to a have a Prescott enable motherboard.MattF - Since the start..
03-27-2004, 04:42 AM #3Web Hosting Evangelist
- Join Date
- May 2003
- Posts
- 472
Yes like MattF said its probably because your motherboard only supports Northwood pentium 4's, but these new processors have the prescott core.
03-27-2004, 05:00 AM #4Retired Web Hoster
- Join Date
- Apr 2003
- Posts
- 959
The Prescott only works on all I875
most I865 as well, only the good brands can such as ASUS, Gigabyte, Intel, probably Magic-Pro...etc


text:
- Worldwide Rank #83,904,934
- Follower/Following Ratio 0.53
- Daily New Followers 0
有安の杏果は鉄板です Twitter Stats
@01200822A - Tracking 有安の杏果は鉄板です Twitter profile since August 3, 2015
有安の杏果は鉄板です Tweets
@01200822A has posted 488 tweets in the last 4 days, which translates to an average of 122.0 tweets per day.
有安の杏果は鉄板です Twitter Followers
@01200822A has 35 followers on Twitter.
This account is #83,904,934 in the worldwide rank of the most popular Twitter users.
有安の杏果は鉄板です Following on Twitter
@01200822A is following 66 Twitter accounts.
Last month this account followed 24 users.
有安の杏果は鉄板です Predictions & Milestones
@01200822A will hit 39 followers in the next 3 months, and 52 in one year.
You are on 有安の杏果は鉄板です's Twitter stats page
We track these Twitter stats since August 3, 2015 . You can see how many followers 有安の杏果は鉄板です lost or gained and what the prediction is for tomorrow or the next 15 days, together with all kinds of other stats like rank compared to all Twitter users, tweets etc.
Why don't you give it a try and compare 有安の杏果は鉄板です to yourself ? Or if you are 有安の杏果は鉄板です get even more feature rich & up-to-date stats with our premium Twitter Stats.
Twitter Counter is the #1 Twitter stats site powered by Twitter. It all started in June 12, 2008 and we grew rather rapidly because of our Twitter Counter badge. The button is a nice small image that shows your visitors how many followers you have on Twitter. Within a year the button was on many many blogs around the world and we displayed more than 100 million buttons in one month. We track follower stats for over 180 million users now.


text:
Marc B Grab Bag
Regrettably this item is unavailable to order.
Marc B new season must have grab bag in this Springs key colour taupe shade. Featuring top handle grab with additional cross body detachable shoulder strap. New branded gold finish cresent detail lock.
Bag Dimensions: W 36 cm x H 21 cm x D16 cm. Handle Drop 12 cm. Detachable Cross Body Strap 130 cm.
Washing instructions: Do not wash.
Washing instructions: Do not wash.
Outer: 100% Polyurethane. Lining: 100% Polyester


text:
The stock of Hanesbrands Inc. (NYSE:HBI) hit a new 52-week low and has $21.87 target or 7.00% below today's $23.52 share price. The 6 months bearish chart indicates high risk for the $8.77 billion company. The 1-year low was reported on Nov, 30 by Barchart.com. If the $21.87 price target is reached, the company will be worth $613.90M less.
The 52-week low event is an important milestone for every stock because it shows very negative momentum and is time when sellers come in. During such technical setups, fundamental investors usually stay away and are careful buying the stock. About 982,354 shares traded hands. Hanesbrands Inc. (NYSE:HBI) has declined 15.55% since April 27, 2016 and is downtrending. It has underperformed by 20.77% the S&P500.
Analysts await Hanesbrands Inc. (NYSE:HBI) to report earnings on February, 2. They expect $0.58 EPS, up 31.82% or $0.14 from last year's $0.44 per share. HBI's profit will be $216.27 million for 10.14 P/E if the $0.58 EPS becomes a reality. After $0.56 actual EPS reported by Hanesbrands Inc. for the previous quarter, Wall Street now forecasts 3.57% EPS growth.
Hanesbrands Inc. (NYSE:HBI) Ratings Coverage
Out of 12 analysts covering Hanesbrands (NYSE:HBI), 10 rate it a "Buy", 0 "Sell", while 2 "Hold". This means 83% are positive. $42 is the highest target while $30 is the lowest. The $34.09 average target is 44.94% above today's ($23.52) stock price. Hanesbrands has been the topic of 20 analyst reports since September 17, 2015 according to StockzIntelligence Inc. Citigroup maintained the stock with "Buy" rating in Thursday, August 4 report. The firm has "Market Perform" rating by Cowen & Co given on Wednesday, October 12. The company was upgraded on Thursday, September 17 by Goldman Sachs. The firm has "Neutral" rating given on Monday, October 26 by DA Davidson. The firm has "Outperform" rating by Oppenheimer given on Friday, October 16. On Friday, February 5 the stock rating was maintained by UBS with "Buy". The stock of Hanesbrands Inc. (NYSE:HBI) earned "Conviction Buy" rating by Goldman Sachs on Friday, December 4. The stock has "Outperform" rating given by Wells Fargo on Thursday, October 22. Nomura upgraded the stock to "Buy" rating in Monday, January 11 report.
According to Zacks Investment Research, "Hanesbrands Inc. is a leading marketer of innerwear, outerwear and hosiery apparel under strong consumer brands, including Hanes, Champion, Playtex, Bali, Just My Size, barely there and Wonderbra. The company designs, manufactures, sources and sells T-shirts, bras, panties, men's underwear, children's underwear, socks, hosiery, casual wear and active wear. Hanesbrands Inc. is a world-class consumer goods company with more than a century of history and a portfolio of leading apparel essentials brands including Hanes, Champion, Playtex, Bali, L'eggs, Just My Size, Barely There and Wonderbra. Hanesbrands sells high-volume apparel essentials such as T-shirts, bras, panties, men's underwear, kids' underwear, socks, hosiery, casualwear and activewear."
Insitutional Activity: The institutional sentiment decreased to 1 in 2016 Q2. Its down 0.04, from 1.04 in 2016Q1. The ratio worsened, as 55 funds sold all Hanesbrands Inc. shares owned while 172 reduced positions. 59 funds bought stakes while 177 increased positions. They now own 331.36 million shares or 4.80% more from 316.18 million shares in 2016Q1.
Blackrock holds 703,461 shares or 0.03% of its portfolio. Timessquare Ltd has 3.24M shares for 0.54% of their US portfolio. Smith Salley And Assocs owns 27,676 shares or 0.16% of their US portfolio. North Star holds 0.01% of its portfolio in Hanesbrands Inc. (NYSE:HBI) for 2,796 shares. Moreover, Credit Agricole S A has 0.03% invested in Hanesbrands Inc. (NYSE:HBI) for 302,546 shares. Piedmont last reported 4 shares in the company. Tealwood Asset accumulated 0.54% or 48,052 shares. Advsrs Mgmt Limited Liability has 0.69% invested in the company for 267,383 shares. Penn Management, a Pennsylvania-based fund reported 39,621 shares. Janney Capital Mngmt last reported 0.63% of its portfolio in the stock. Citigroup Inc reported 32,078 shares or 0% of all its holdings. Affinity Wealth Mgmt holds 0.16% of its portfolio in Hanesbrands Inc. (NYSE:HBI) for 9,418 shares. Cupps Cap Mngmt Ltd Company holds 0.13% or 19,641 shares in its portfolio. Apg Asset Management Nv last reported 661,671 shares in the company. Finemark Bank & Trust & Tru last reported 3,434 shares in the company.
Insider Transactions: Since June 3, 2016, the stock had 1 buying transaction, and 1 sale for $381,552 net activity. On Friday, June 3 Marsh John T. sold $299,962 worth of the stock or 10,986 shares. 20,000 shares were bought by NOLL RICHARD A, worth $514,742 on Tuesday, August 9. On Monday, November 21 Mathews Jessica Tuchman sold $133,190 worth of the stock or 5,433 shares.
Another recent and important Hanesbrands Inc. (NYSE:HBI) news was published by Forbes.com which published an article titled: "Ex-Dividend Reminder: Standard Motor Products, HanesBrands and Kroger" on November 08, 2016.
HBI Company Profile
Hanesbrands Inc., incorporated on October 30, 2005, is a maker and marketer of apparels. The Firm operates through four divisions: Innerwear, Activewear, Direct to Consumer and International. The Company's portfolio of brands includes Hanes, Champion, Maidenform, DIM, Playtex, Bali, JMS/Just My Size, Nur Die/Nur Der, L'eggs, Lovable, Wonderbra, Flexees, Lilyette and Gear for Sports. The Company's Hanes brand offers various products, including men's, women's and children's underwear, bras, socks, T-shirts, fleece, shape wear and sheer hosiery. The Company's Champion brand offers athletic apparel, including sports bras, team uniforms, and gym essentials, such as T-shirts, mesh shorts and fleece hoodies.
Receive News & Ratings Via Email - Enter your email address below to receive a concise daily summary of the latest news and analysts' ratings with our FREE daily email newsletter.


text:
Having undesirable fat in various areas of your body can have a considerable influence on your health and self-esteem. While traditional weight loss through exercise and diet plan is a fantastic method to slim down in general, even the best workouts can't target problem areas like the belly, inner thighs, arms, and butts. Liposuction is a time tested treatment that is used to remove excess fat from particular locations of the body, permitting an individual to shape and contour their body to their preference. Is liposuction right for you? Discover now.
Pros of Liposuction
There are many benefits to this cosmetic procedure, including:
• Right away visible changes. Unlike conventional weight reduction, liposuction develops modifications that are immediately visible in the body. Some distinction is visible right away, and the preferred outcomes are normally accomplished in just a few days.
• Proven and safe. This cosmetic procedure has been performed by knowledgeable specialists all over the world for several years and the strategy has actually been refined over and again to be safe and efficient.
• Recovery time is normally fast. The downtime required after having this kind of procedure is usually much less than what is needed for other kinds of cosmetic treatments, consisting of tummy tucks, breast reduction, and more. People who have had the treatment can frequently return to work a lot more rapidly than they expected and can get back to living a healthy, active lifestyle.
• Weight-loss can be permanent. With the best maintenance methods, the fat that was removed throughout the liposuction treatment will not return.
• Complete control over your body. With liposuction, an individual can have complete control over how they want to look, beyond exactly what traditional diet and exercise can provide. Providing people this power over their bodies enhances self-confidence and help people feel their very best.While there are numerous benefits to liposuction, there are obviously a couple of caveats that need to be taken into account prior to making the final decision to move forward with the procedure.
Cons of Liposuction
Prior to having actually liposuction done, it is necessary to analyze the possible drawbacks of the treatment and identify if the benefits exceed the threats in your certain case. Your surgeon can assist you learn more about the threats associated with the procedure and can assist you choose if progressing is the right thing for you.
• Problems with basic anesthesia. Because liposuction is carried out under basic anesthesia, the procedure brings the exact same threats as other kind of surgery where general anesthesia is utilized. Hidden medical conditions may enhance these risks.
• Unfavorable responses. Bruising, bleeding, and pain are all to be anticipated, however, in unusual cases can trigger more considerable issues.
• The possible to gain the weight back. After having actually liposuction done, it is important to preserve a healthy diet and exercise appropriately as recommended by your doctor. Failure to do so could cause getting back the weight that was lost or potentially much more.
Although there are threats related to liposuction, for lots of people, the advantages far surpass them. Educate yourself about the treatment by having thorough conversations with your cosmetic surgeon and think about how liposuction has the prospective to impact you as a special individual. Just you and your cosmetic surgeon can figure out if liposuction will supply you with the results you are searching for within your expectations.
Laser Liposuction procedure is a new non invasive procedure to loose unwanted bodyfat in Indianola WA
Laser liposuction is a more recent, minimally invasive treatment that includes heating the fat cells to melting point and getting rid of the melted fat through a small cannula. The procedure is usually done right in your doctor's workplace and is an outstanding choice for people who have less than 500 ml of fat to remove from any one area. Laser liposuction can be a safe, complementary treatment to weight loss in order to sculpt the body you've constantly desired.
Contact a Specialist in your Indianola WA today.
If you're thinking about liposuction as a weight-loss option, it is essential that you discuss your desires with a certified plastic surgeon in your location. Your cosmetic surgeon will perform a complete exam and health history survey to identify if liposuction can benefit you and help you reach your physical and emotional objectives. Call today for a consultation and find out more about how liposuction can assist you attain the body of your dreams.


text:
This seller is away until December 31, 2016.
Added to Shopping Bag
Gold Skeleton Fashion Men's Automatic Watch-FREE SHIPPING 1/2 PRICE
Listed by Penny Lane
Price: $36.99
Returnable for Site Credit.
You can request a return for Tradesy Site Credit within 4 days of delivery. FREE return shipping.
If your item was misrepresented in any way, you can file a misrepresentation claim. Tradesy will investigate and you'll be eligible for a Full Refund.
Shopping Bag :
Reserved for -:--
Gold Skeleton Fashion Men's Automatic Watch-FREE SHIPPING 1/2 PRICE
Shipping Included Shipping & packaging provided by seller. Learn More
Pay with Credit Card, PayPal, or Affirm.
This item has original tags and shows no visible signs of wear.
Gold Skeleton Dial Analog Fashion Men's Watch With Automatic Mechanical Movement. This is a sharp looking men's skeleton watch . A handsome and distinctive watch with an eye catching gold face. Dress yourself up with this unique automatic watch that has precise movement and accuracy priced at half normal retail value. It is fascinating to watch the unique movement of this watch through the front or the back. This handsome watch is a magnificent timepiece built to last a lifetime. FREE SHIPPING and insurance with the purchase of this fine timepiece.
Item Specifications
Model Number: 01-0060250
Condition: New Style 2014
Gender: Men's
Material: Leather Band
Brand: MCE A Distinctive World Brand
Style: Casual Quartz Sport Watch
Movement: Automatic Quartz Precision
Features: Power Reserve, Water Resistant
Watch Case Diameter: 43.4mm
Width of band: 1.4cm
Length of Watch: 26cm
Have a similar item? Sell Yours
Feel free to return this item for any reason and get Tradesy Credit. Use your credit to buy something that makes you happy. Just a head's up, purchases outside the U.S. are Final Sale.See Return Policy
Our Guarantee
Get what you ordered, or your money back. We'll give you a full refund if the condition, style, or authenticity of an item are misrepresented in any way.**Only applies to U.S. purchases. Learn More


text:
The New York Giants have been lacking in the linebacking corps for years; any Big Blue fan will tell you this. They improved dramatically in that department when they acquired Jon Beason from the Carolina Panthers midway through the season, but there is still room for improvement this offseason, especially since Beason himself is set to become a free agent.
cover32's list of the NFL's top 10 free agent linebackers features a host of players that the Giants could benefit from adding.
10. O'Brien Schofield
9. D'Qwell Jackson
8. Perry Riley
7. Mike Neal
6. Brandon Spikes
5. Jon Beason
4. Daryl Smith
3. Karlos Dansby
2. Jason Worilds
1. Brian Orakpo
Only one, however, looks like a fit and a possibility for the Giants via free agency. Of course, that man would be Beason, who finished the 2013 season with New York.
The former Pro Bowl linebacker should be the top priority for the G-Men this offseason. The change his presence made on the Giants defense was huge and they're going to need him in the middle in 2014.
Yes, his health should be a concern, and that should not his price tag down. But Beason wants to be in New York and they should be able to cut a deal that works for both sides.
In just 12 games with the team, Beason led the way with 93 tackles. He was a present, physical force against the run and helped sparked a stretch of defensive performances that included shutting down top rushers LeSean McCoy (twice), Adrian Peterson and Matt Forte.
Beason is the player the Giants have been lacking at middle linebacker for years—no offense to Chase Blackburn—and they'd be missing out if they let him go to another team. They'll need him even more next season as it's unlikely stout run-stopping defensive tackle Linval Joseph will be back with Big Blue after this offseason.
Make sure you follow @cover32_NYG and @cover32_NFL on Twitter for all the latest breaking news, columns, blogs and features from the Giants and the entire NFL.


text:
I'm going to be hosting a contest worth over $1200 soon, and am looking for ANY BLOGGER that will donate a prize towards this contest. If you are interested, just contact me and tell me what you would like to donate towards the contest.
What you'll get out of it:
- With big prizes comes a big amount of entries. You'll be listed in the "Sponsor" column of the post.. and you will get back-links (including me from the sponsor post) as one of the ways to enter will be to link to the sponsors of the contest.
- Publicity from sponsoring a large contest.
- A "Thanks a lot!" from Me.
Prize Ideas:
- Advertising Spots on your Blog/Website
- Free Links
- Entrecard Credits
- Cash
- Blog Reviews
- Custom Blog Designs
A full list of ideas can be found on a previous post I wrote: Generating Prizes Worth Blogging About
So if your interesting in sponsoring the upcoming contest here on BradBlogging.com, drop me a line on my contact form. Thanks for reading!


text: This pharmacy sucks only because the pharmacist that wason duty was Rude, Crude, and made rude comments to me. I use to use CVS services all the time but I will never use this one again. I hope that i am writing to the store thats right off of 39th and Rockwell, across from the 7-11. The Pharmacist said "Well Thats a inconvenince for you then", after he told me that I could not transfer my RX to his store, from another CVS. I was taken back after some of the comments that he made to me while I was leaving. I told him that he doesn't have to be so rude and short with people, he said "Well sometimes people are short and rude to me, so why can't I be rude. Well i never. And will never again.


text:
"Fantastic Old Sukhothai Guest House" Mountain View Guest House Tip by TheSeeker70
Mountain View Guest House, Sukhothai: 30 reviews and 1 photos
The MV is located about 4 km west of the center of the park. That is, in fact, its greatest appeal. It's a simple, clean and affordable place to stay, but the main attractions are the location; secluded, quiet, and beautiful, and the owners, who'll spoil you with the most important ingredient to a good stay - information, about everything. Rooms are comfy with fan or AC, and no more expensive than 750 baht. Malcolm rents bikes, motos, and even if truck on occasion. He also operates a restaurant opposite the museum in the old city. On the lighter side, the pool is amazingly refreshing at about 400 pm. Although you need your own transportation, this is a great place be stay while you see the park, the surroundings, and avoid the new city at the same time. I stayed for the week of Loi Kratong, and couldn't be happier.
Address: 4 KM from the center of the old town. The restaurant (MV) is opposite the museum
Price Comparison: less expensive than average
Phone: +66 55 601 111
Price: less than US$20
Theme: Pension/Guesthouse
Website: http://www.mountainviewguesthouse.com/
"Travelling makes you decidedly difficult to catch."
- Member Rank:
- 3 3 9 7 4
- 1 Reviews
- 1 Photos
- Add Friend
- Follow
- Send Message
Have you been to Sukhothai?Share Your Travels


text:
Home /
Our Sources / About Us
/ FAQs /
Advanced Search
Not what you're
looking for? Try an advanced search.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
July 14, 2008
UNITED STATES OF AMERICA, PLAINTIFF,v.OMAR S. BLAKES, DEFENDANT.
Motion of Assistant Federal Defender Jonathan Hawley to withdraw as counsel (Doc. #19) is allowed, and Defendant is allowed to proceed in this matter pro se.
Defendant's motion for a reduction in his sentence (Doc. #17) pursuant to 18 U.S.C. § 3582(c)(2) is denied. The recent amendment to the crack cocaine guideline (Amendment 702) made retroactive under U.S.S.G. § 1B1.10 does not change Defendant's guideline range or sentence as he was not convicted of a drug offense but convicted of one count of Felon in Possession of a Firearm in violation of 18 U.S.C. § 922(g).
Based on his pro se petition for a sentence reduction (Doc. #17), it appears that the actual basis for Defendant's motion for a sentence reduction is his claim that U.S.S.G. § 4A1.1(f), comment. (n.6) was recently amended (Amendment 709) since his sentencing to provide that multiple prior sentences imposed on the same day are to be counted as one sentence for purposes of calculating criminal history; and application of the amendment to his case would result in a lower criminal history score thereby producing a lower guideline range. Assuming all this is true, 18 U.S.C. § 3582(c)(2) is no help to Defendant. U.S.S.G. § 1B1.10 implements § 3582(c)(2) and subsection (a) (U.S.S.G §. 1B1.10(a)) only makes retroactive the specific amendments to the Sentencing Guidelines listed in § 1B1.10(c). The amendment to U.S.S.G. § 4A1.1(f), comment.
(n.6) (Amendment 709) is not one of the amendments listed in § 1B1.10(c). Defendant is directed to file a pleading no later than August 7, 2008, that either concedes he is not entitled to any relief under 18 U.S.C. § 3582(c)(2) or explain why the Amendment to U.S.S.G. § 4A1.1(f), comment.
(n.6) (Amendment 709) applies in spite of the fact that Amendment 709 is not listed in U.S.S.G. § 1B1.10(c).
ENTERED this 14th day of July, 2008.
© 1992-2008 VersusLaw Inc.
Our website includes the main text of the court's opinion but does not include the
docket number, case citation or footnotes. Upon purchase, docket numbers and/or
citations allow you to research a case further or to use a case in a legal proceeding.
Footnotes (if any) include details of the court's decision.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
LRC, Inc. About Us


text:
Home /
Our Sources / About Us
/ FAQs /
Advanced Search
Not what you're
looking for? Try an advanced search.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
April 25, 1989
Minor, et al., Defendants)
538 N.E.2d 127, 182 Ill. App. 3d 411, 130 Ill. Dec. 916 1989.IL.599
Appeal from the Circuit Court of Will County; the Hon. Thomas Ewert, Judge, presiding.
APPELLATE Judges:
JUSTICE BARRY delivered the opinion of the court. HEIPLE and WOMBACHER, JJ., concur.
Plaintiff Bobby Piwowar sought damages for injuries sustained while attempting to stamp out a grass fire on property belonging to defendant Clint Garrett. The trial court entered a summary judgment in favor of defendant. We affirm.
Plaintiff, who was 12 years old, was walking with his 13-year-old friend, Vyto Spackauskas, across an empty lot owned by defendant, when Vyto attempted to light a cigarette and in the process dropped his lighter onto the ground, thereby starting a grass fire. Vyto wanted to run away, but plaintiff thought they should stamp out the fire to avoid getting into trouble. Plaintiff slipped as he jogged toward the flames and fell into the fire. His clothing caught fire, and he was severely burned before he was able to extinguish the flames in a large puddle of water nearby.
Plaintiff's complaint alleged that defendant's premises were saturated with gasoline and that an explosion knocked plaintiff to the ground and caused his burns. Defendant denied all the allegations concerning the presence of gasoline and asserted in his affirmative defense that any gasoline on the premises was brought there by plaintiff and Vyto without the knowledge of defendant. Defendant's motion for summary judgment incorporated plaintiff's deposition, in which he described the accident which resulted in his injuries. According to the deposition, plaintiff detected no gasoline in the vicinity of the fire. He did see a plastic bleach bottle about a foot away from the flames, but it did not ignite.
On appeal plaintiff contends the trial court erred in entering summary judgment for defendant because the court failed to recognize that plaintiff had the status of an invitee to whom defendant owed a duty of ordinary care under the "rescue doctrine." It is plaintiff's theory, for purposes of this argument, that he was attempting to protect defendant's property from fire at the time he was injured.
This contention is without merit for several reasons. First, the common law categories of trespasser, licensee and invitee are no longer applicable in determining the landowner's liability for injuries to a child upon the land, but rather the test is the foreseeability of harm to the child. Kahn v. James Burton Co. (1955), 5 Ill. 2d 614, 625, 126 N.E.2d 836.
Second, Illinois does not recognize the "rescue doctrine" as a basis for liability under the facts of this case. Illinois courts have held that "a plaintiff . . . injured in an attempt to rescue a third party . . . [may] negate the presumption that his intentional act of rescue is the superseding cause of his injuries, thereby allowing him to prove that the defendant's negligence was the proximate cause of his injuries and to negate the presumption that he was guilty of contributory negligence by voluntarily assuming a known risk of harm in the rescue attempt." (McGinty v. Nissen (1984), 127 Ill. App. 3d 618, 620, 469 N.E.2d 445.) Plaintiff does not claim to have been attempting to rescue his friend or any other third party but merely to have been attempting to prevent himself from getting into trouble. Furthermore, the grass fire was on an empty lot containing no buildings or structures that would have been endangered by the fire.
Third, plaintiff's argument is premised on the assumption that gasoline was present on the ground where the lighter was dropped. However, plaintiff's own deposition contains nothing to support the allegations of the complaint concerning the presence of gasoline. In fact, the deposition indicates that plaintiff neither saw nor smelled gasoline in the vicinity. The ground was damp because it had been raining earlier the morning of the accident. Thus, plaintiff's assumption is not supported by anything in the record.
The determinative question is whether this fire was an obvious danger which a 12-year-old child would be expected to appreciate and to avoid. Under the law of Illinois, children of an age to be allowed at large may reasonably be expected to fully understand and appreciate the danger of fire. (Cope v. Doe (1984), 102 Ill. 2d 278, 464 N.E.2d 1023.) Even a child of five years can be expected to comprehend and avoid the obvious risks presented by fire. (Sampson v. Zimmerman (1986), 151 Ill. App. 3d 396, 502 N.E.2d 846.) Plaintiff stated in his deposition that he had had Boy Scout training as to the dangers of fire, and in any event, a boy of his age would be expected to understand fully the obvious danger involved in attempting to extinguish a grass fire under these circumstances.
The material facts of this case are not in dispute. Under the pleadings and deposition in the record, defendant owed no duty to plaintiff, the breach of which could be the basis of liability. Summary judgment for defendant was properly entered by the trial court, and that judgment is affirmed on appeal.
Judgment affirmed.
© 2002 VersusLaw Inc.
Our website includes the main text of the court's opinion but does not include the
docket number, case citation or footnotes. Upon purchase, docket numbers and/or
citations allow you to research a case further or to use a case in a legal proceeding.
Footnotes (if any) include details of the court's decision.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
LRC, Inc. About Us


text:
Begin New Search
Refine Last Search
Cemetery Lookup
Add Burial Records
Help with Find A Grave
Top Contributors
Success Stories
Community Forums
Find A Grave Store
Log In
ad feedback
ad feedback
member for 8 years, 9 months, 14 days
Add to MyFriends
Bio and Links
The Recording of a Cemetery
Thelma Greene Reagan
Today we walked where others walked
On a lonely, windswept hill;
Today we talked where others cried
For Loved Ones whose lives are stilled.
Today our hearts were touched
By graves of tiny babies;
Snatched from the arms of loving kin,
In a heartbreak of the ages.
Today we saw there the grandparents lay
In the last sleep of their time;
Lying under the trees and clouds -
Their beds kissed by the sun and wind.
Today we wondered about an unmarked spot;
Who lied beneath this hollowed ground?
Was it a babe, child, young or old?
No indication could be found.
Today we saw where Mom and Dad lay.
We had been here once before
On a day we'd all like to forget,
But will remember forever more.
Today we recorded for kith and kin
The graves of ancestors past;
To be preserved for generations hence,
A record we hope will last.
Cherish it, my friend; preserve it, my friend,
For stones sometimes crumble to dust
And generations of folks yet to come
Will be grateful for your trust.
Leave Public Message
Contributions to
Find A Grave
945 Memorials Added
969 Memorials Managed
2 Memorials/Week
1,934 Photos
4 Photo Requests
12 Volunteer Photos Taken
8 Friends
Search Contributor's Records
First Name
Last Name
Find A Grave Friends
Crypt Tonight
Deborah (Vetron...
Genealogical So...
Jan Miller
Robert Hobdell
Ronald Jones Jr
Tom Myers
Messages left for Al (21)
Leave Message
Kathleen Hewins
Lorraine Hammond
I want to thank you for your time in taking the photo of my Aunt, she was a pistol of a lady, and her stone was perfect. Please have a wonderful Holiday Season with your family,
Added by
Kathleen Hewins
on Nov 27, 2016 3:27 PM
Judi McGarvey
Kaye Ward Vinson
Hi Al,
Thanks so much for providing the picture of my cousin's grave marker! -- judi mcg
Added by
Judi McGarvey
on Nov 27, 2016 12:23 PM
Mary Ann
RE: Dorothy Dilks Warning
Thanks for catching this. I deleted one of them.
Added by
Mary Ann
on Nov 08, 2016 8:55 AM
debbie donehower-adams
George Donehower (1858-1908)
Thank you so very much for taking a photo of my GGF brother's grave! I would love to add information I have. Shall I do so directly to his Find A Grave ?
Added by
debbie donehower-adams
on Nov 06, 2016 11:01 AM
Patricia Moore
Ann Crothers
Hi Al. I have submitted a request to the memorial of William Crothers to add Ann as his spouse so I will be declining your request but wanted to provide a reason as a lot of folks don't read the decline reason. Thanks for your efforts. Pat
Added by
Patricia Moore
on Oct 02, 2016 5:23 AM
Rich Vance
Uploading photos
Hi Al,
When uploading photos with Find A Grave's Beta "Upload and Transcribe" program, please do not include photos of headstones with no date of death unless you know for a fact that the person is deceased.
Most of them are "pre-need" stones and will cause invalid pre-need memorials to be created when transcribed.
Thanks, Rich
Added by
Rich Vance
on Sep 30, 2016 7:15 PM
Mary Harrell-Sesniak
RE: Mary Hannigan
I saw the maiden name on her death certificate on Ancestry.
Added by
Mary Harrell-Sesniak
on Aug 24, 2016 8:19 AM
Linda Decker
RE: Beechwood Cemetary
Thanks Al. I'll try and reach them next week.
Added by
Linda Decker
on Apr 23, 2016 8:19 PM
Samuel Fullaway 102926988
Just discovered the photo you added to his site. Thanks so much.
Added by
on Apr 22, 2016 2:05 PM
John & Annie Brenton
Thank you very much for photographing my 2nd great grandparents headstones, I truly appreciate it!!
Added by
on Mar 02, 2016 5:42 AM
View all messages...
Privacy Statement
Terms of Service
ad feedback


text:
Allow us to introduce ourselves. We are a strong, vibrant and global real estate family. We strive every day to deliver unsurpassed market intelligence and insights and use our strengths to help our clients successfully buy and sell real estate. We embrace our goals and are committed to achieving them. We are over 80 offices and 1,600 agents strong. We are #1 in the world. We are CENTURY 21 Affiliated. #OurVision
Jerry Morrow – Century 21 Affiliated - Realtor - Associate Broker
Multi-Million Dollar Producer - Currently Ranked #1 in the World
Top 10 Producing Office for 40 Years - Centurion Award Recipient
email@example.com - www.jerrymorrow.com
Direct Line - (260.740.4663) HOME -Fax (888.385.9003)
Find your Dream home or Your Current homes value at, www.jerrymorrowhomesearch.com
Thank you for the Opportunity to work with you! You can Learn more about my services at:
www.jerrymorrowfacebook.com | www.jerrymorrowlinkedin.com | www.jerrymorrowgoogle.com | www.jerrymorrowtwitter.com |


text:
Published/Aired:January 2007
January 27, 2007
Advertising Agency: Black Sheep Miami, USA
Creative Director: Alejandro Berbari
Art director: Sebastian Galbusera
Production: H2O films, Seabstian Lopez
Creative Director: Alejandro Berbari
Art director: Sebastian Galbusera
Production: H2O films, Seabstian Lopez
Highest Rated
Jan 28, 2007 - 12:29
i knew someone would make an ad out of this... it was just a matter of time
"two things that give cubans great pleasure" > this is so lame, they should have thought of something better. there's no real idea behind it, it's just using the funny clip.
maybe fidel's falling because he drinks the bad cuban beer that remains after the one good cuban brewery went into exile? just a first thought
Jan 29, 2007 - 20:21
could be my computer here....but i cant get this to load.
Popular Reads
Holiday Season
5 Creative Black Friday Campaigns You Should KnowRead More
Signature Style
Shelley Zalis of The Girls' Lounge is "Not Afraid to Be Bold"Read More
Sponsored By the drum
How WildAid & Grey London Created #jointheherd to Impact the World's Ivory TradeRead More
Election Season
The Results Are In: Reflecting on Adland's Election SeasonRead More


text:
BUSHWICK - Police are investigating a possible domestic violence incident after a woman was shot in the face.
Police were called to an apartment on Woodbine Street in Bushwick early Monday morning where they found a 28-year-old woman shot in the face. She was rushed to Kings County Hospital where she is listed in critical condition.
Police say an argument lead to the shooting. No arrests have been made but police are questioning the woman's boyfriend.