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Skip to comments.'Star Trek Into Darkness' Preview: Prepare To Cry
Posted on 01/22/2013 5:06:33 PM PST by EveningStar
In space, no one can hear you scream. But in theaters showing movies set in space, everyone should be able to hear you cry as long as director J.J. Abrams does his job right.
In space, no one can hear you scream. But in theaters showing movies set in space, everyone should be able to hear you cry as long as director J.J. Abrams does his job right.
(Excerpt) Read more at mtv.com ...
What you've posted here seems to be a bit repetitive.
What you've posted here seems to be a bit repetitive.
Sorry for the double post.
I know.
I know.
That's ok. It guvs me a chance to repeat my jike.
Does he think he's produced a bad movie. :)
It's not really Star Trek, so it hardly matters.
This movie is based off of The Original Series episode - "Where No Man Has Gone Before" the second pilot episode. That all Im going to say because its obvious who the blonde woman is and why the villain is seen where a Star fleet uniform and why he wants revenge
You know, I kind of feel the same way. Now, I do think the Spock and McCoy characters are well realized, but I can't get into the new Kirk.
According to what I've read, the blonde lady is Dr. Carol Marcus.
Have you see the captioned version of the second image? :)
To be fair, the series had a mature Kirk who was in command of his ship for a few years. Whereas the movies are starting off where Kirk had to take command and has to work to gain the crew's trust.
Could Charlie X be the new villian in the new Star Trek?
Looks great, I can't wait for this to come out. It's one of the few recent movies that I will probably get out to see in the theater.
Two things though:
#1 - Spock's hair is too "floppy". When he is running around, it's getting blown all over the place. The "Vulcan cut" is good, but they need to gel that down. Spock's hair is more of a helmet than a coif.
#2 - The trailer music. Does every movie that strikes a "dark" tone have to steal from Christopher Nolan's trick bag? Hans Zimmer, who came up with the gloomy, booming ambient music from Inception and Dark Knight Rises, isn't half as repetitive as the people copying him. Watch some of the other movies that he has scored, like the Sherlock Holmes films, and you can see that he is much more versatile. If Zimmer can change it up, then certainly the guys doing Star Trek can do better than this.
the nuSpock is not believable. He has no credibility as an actor or character.
I like the new kirk as a younger version of the kennedyesque incarnation of the 1960's
Well, from some hints they have given in previews and set photos, it seems like the new villain is a former Starfleet officer, so probably not Charlie Evans. He talks about returning for vengeance, so there is obviously a backstory where he has some grievance against the Federation, but I don't think it will be a story from the original series. They're trying to appeal to a new generation of viewers, so they won't throw in some obscure character that only 10% of the audience might have heard of.
In the first film, they did a lot of "shout-outs" to the original series and older films, but they were pretty subtle, so they wouldn't be a distraction to a viewer that was completely new to the franchise. I think they will continue that with this film. Khan is about the only villain that is well known enough for them to revive without retelling the whole story, but they have said he isn't Khan, so forget that angle.
"the nuSpock is not believable. He has no credibility as an actor or character."
It's because Quinto is a gay man with limited talent more interested in promoting a lifestyle than a profession.
Star Trek Phase II
A well done fan series for jonesing Trekkies...
90% certain it's going to Gary Mitchell.
I'm thinking that it will be a storyline, along the lines, where the Enterprise either receives a distress signal or is ordered by Star Fleet to respond to a sip in distress, but arrives in time to see ship debris and a lone shuttlecraft, with a lone male occupant claiming to ba a John Harrison, who tells a lie as to how he managed to escape a ship that self destructed and the movie will go from there.
I've heard the Gary Mitchell theory, but I don't know if it would work. If anything, they might have just taken some inspiration for the new character from Gary Mitchell, but decided to make him a different character so they don't have to retell the same story.
What is interesting is that Delta Vega is featured in the first film of the new series. Whether that was just an easter egg for the long-time fans, or part of a set-up for the second film, I think we'll have to wait to find out.
Ya know a Gay Vulcan Pon Farr seen is probably in the works...
"He has no credibility as an actor or character."
Well, he was Sylar on Heroes, so for some people, he has a lot of credibility as an actor just for that role. He's no Nimoy, that is for sure, but can you think of an actor of the right age who could do better in the Spock role? I'm drawing a blank.
that must be why they only let sulu say "warp speed, captain".
"Phasers set to 'stunning', captain."
It's possible. I think they would have to do a retelling of the Mitchell story, and not a continuation of it. So, I'm not sure where the vengeance angle comes in. If it were Mitchell wanting vengeance against Kirk for leaving him for dead on a hostile world (that plot sounds kinda familiar), then I could see it. But... then they would have to rehash the backstory for the benefit of the audience, which I don't think they would want to do.
Plus, this is a young Kirk who probably hasn't been commanding the ship for very long, so I doubt he has had time for his old adventures to come back to haunt him. So, if it was Mitchell back for revenge, they wouldn't have the personal angle to work with, and it wouldn't be as powerful emotionally.
The trailers suggest that Mitchell, if it is Mitchell, is out to get revenge against the Federation, not Kirk.
sorry did not get into that tv series. There are a plethora of such actors.
more than a few fans would not shed a tear if he was replaced.
I find Sylar to be a credible Spock. Unfortunately, his public admission to being a homosexual will kill off any storylines of relationships with women.
I'm fine with that. I want adventure anyway.
ANOTHER giant FX movie with cardboard characters? How original. Looks like Batman out-takes.
Yes, but revenge for what? I think it has to be something that happened before the beginning of the film, at least that is the impression I get. When they say he has "returned", it implies that before the film starts, he wasn't around, and that whatever he is seeking vengeance for, happened a while ago.
So, if it's Mitchell, is this pre-marooning Mitchell, or post-marooning Mitchell? If it is pre, then what is his grievance? If it is post, then why seek vengeance on the whole Federation, and not just Kirk, or whoever marooned him in this continuity?
Personally, I think they wanted to remake Wrath of Khan, but didn't have the gall to actually do a remake, because the fans would destroy them if it was weak in any way. So, they probably lifted some key ideas from WoK, but made a new villain that wasn't named Khan, and doesn't look like Khan. They could then, hopefully, duplicate some of the success of WoK without risking raping the memory of the most successful Star Trek film.
and anne heche was able to build her career by taking time as a homosexual.....not.
credibility is everything. there is no place for such homosexuals.
look at what happened to rock hudson's films. they became instant NONclassics in the bargain bin dumpster.
it would be better to replace him.
"ANOTHER giant FX movie with cardboard characters?"
How do you know they are cardboard characters if you haven't seen the film yet? Maybe Scotty's wrestling with substance abuse issues now.
Lots of movies have revenge plots, where the wrong was done in a time frame set before the movie, so having him marooned on some abandoned planet or in a powerless shuttle to die would be a good reason to want revenge.
Captain Garth was a mentally deranged starship captain sent to Elba II and who vowed revenge on the Federation. The new character could be a composite of Garth, Kahn, and Mitchell.
"There are a plethora of such actors."
Ok, then it shouldn't be hard to name one, eh? I can't really think of any, certainly not any of the right age with any kind of resume and resemblance to the original actor.
Personally I would dearly love to see a Khan Movie showing his youth and fsiled revolution.That would make a fantastic Star Trek Movie.We have the show after the failed revolution,and of course the movie after the planet they are given turns bad,,,but no real movie showing him young and almost ruling the world.
You have to keep in mind that this is not a continuation of the tv show. This is Star Trek rebooted, so while they are using classic characters, it's not the same universe.
I'm not sure if that's based on photos of him in Star Fleet uniform but if it is then Charlie Evans was in uniform, or at least uniform looking clothes (including the judo suit) in the original.
It was also a very sad episode in many ways with Charlie going back to the beings who didn't know how to feel or love. That would make him the worst kind of criminal if he were to come back.
Oh well guess we'll know soon enough.. :-)
"Unfortunately, his public admission to being a homosexual will kill off any storylines of relationships with women."
Usually, that's how it works, but since he is playing a Vulcan, who are kind of strange to begin with, I don't know if it will matter. Also, pretty much everyone figured that Quinto was gay back when he was on Heroes, and that didn't stop all the women from lusting after him and pulling for major female characters to get romantically involved with him.
True, but it wouldn't be "personal". Revenge usually plays out better when there is that personal element, which is why WoK worked so well. The last movie made it personal by tying it in through the Spock character. So I doubt they will go with a plot with less emotional impact in this film, which is supposed to be darker and have more emotional impact.
Most movie viewers would be more bothered by such a change, mid-stream. It would certainly hurt the box office. As long as Syler keeps his mouth shut about his homosexuality, most people will get over his public admission, if he plays his part well.
Yes, it would be awesome, but being so far back in the past, it would have to be a time travel plot in order to tie it in with any Star Trek series. How they would time travel back and show those events, but not change them, and make a good plot out of it, I can't imagine. It could maybe work as a stand-alone, non-Star Trek film, like the "Hannibal Rising" origin story for Hannibal Lektor was done.
Yes, I know that. Still, if it's Mitchell, and they are keeping the same basic storyline for him, then it doesn't seem to add up for me.
Charlie Evans was just a teenager though, he wasn't a Starfleet officer, which is the impression I get for this villain. I could be wrong, this is just my guess.
For all you sh-Acting fans out there, here's the full version of "Incubus", the 1966 suspense/horror film Shatner starred in which was filmed entirely in the Esperanto language (and yes, Shatner does manage to "shact" in a completely non-native tongue):
Every time I see that actress, all I can think of is her saying "Hidden Valley Ranch" in that breathy, seductive voice. Sign me up for a trip to her "Hidden Valley", anytime :)
I have the DVD. :)
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- Health issues as South Africa play catch-up in India
- Team SA head off to Angola on Region 5 Games mission
- Mthembu puts SA back on podium… after 23 years!
- Reverse strategy puts Waschefort in front
- Debut Hawaii win for Jordy Smith
- Blitzboks skipper calls for improvement on home soil
- Runaway Test win for South Africa in India
- Olympian Stone pounces at Leopard Creek
- SA team extend lead in Indian Test
- Blitzboks blast past Kiwis to reach Dubai semi-finals
SASCOC mourns deaths
- Updated: July 3, 2012
South Africa's Olympic governing body SASCOC has expressed its sadness over the double loss suffered by the judo fraternity.
Judo South Africa lost two vastly experienced administration staff in the space of a week.
First Kenny Rinquest, Judo South Africa's Development Director, passed away in Cape Town. Shortly afterwards Judo South Africa first vice-president Daan le Grange passed away in Bloemfontein, after a suspected heart attack.
Rinquest was in charge of university judo in South African for many years, participating in many summer universiades and also organised several important student exchanges in the judo code.
Le Grange was 50 and a former SA judo champion himself. His 20-year-old son, DJ, is a current senior South African champion.
Said SASCOC President Gideon Sam: "This is a terrible loss for the South African judo fraternity. The sport is going to be particularly hard hit by this double blow. At a time when we need qualified administrators to step up to the plate and help the sport move forward, the deaths of Kenny and Daan leave us all the poorer.
"Our thoughts go out to their families and loved ones and we will give every assistance to judo in these times of hardship."
SASCOC Chief Executive Officer Mr Tubby Reddy also expressed his condolences. "To lose two key administrative figures with their collective knowledge is going to hit the sport hard. But we have every faith that Judo South Africa will come together at this sad time."

subset: commoncrawl


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"Suan Pakkad Palace" Suan Pakkad Palace Museum Tip by suraphona
Suan Pakkad Palace Museum, Bangkok: 20 reviews and 38 photos
On Si Ayutthaya Road not far from the intersection of Phaya Thai Road, used to be the residence of princess Chumbhot of Nagara Svarga, one of Thailand's leading art collectors.
There is a complex of five traditional Thai houses, overlooking a beautifully kept garden.
They house a large collection of Asian art and antiques.
One building exhibits a collection of seashells, mineral crystal and painted pottery from Ban Chiang.
Suan Pakkad Palace is open everyday except Sunday from 9.00 am - 4.00 pm. There is an admission fee of 80 baht.
Address: 352-354 Sri Ayudhya Road ,Phyathai , Bangkok
Directions: From Phyathai BTS station turn right and walk along the road about 3 minutes , you 'll see a group of Thai tradition house .That's museum.
othercontact: pics coming
Phone: 02-2454934
Website: http://www.suanpakkad.com
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Brain activity predicts personalized antidepressant treatment
Today results from the large multicenter randomized iSPOT-D study were published in Clinical Neurophysiology demonstrating that brain activity can assist in predicting antidepressant treatment outcome to commonly used antidepressant drugs. In addition, this study clearly demonstrated qualitative differences in brain activity between males and females with depression, with implications for predicting antidepressant treatment outcome.
Association between ADHD and intensity of sunlight
A study published today in Biological Psychiatry sheds new light on the increasing rates (prevalence) of attention-deficit/hyperactivity disorder, known as ADHD. Children with ADHD have problems with inattention, distractibility, disorganization, impulsiveness, and overactivity. This study found that "sunny" regions with high solar intensity, such as the US states of California, Arizona, and Colorado, and countries like Spain and Mexico have lower prevalence of ADHD.


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United States District Court, Third Circuit
June 14, 2013
JOHN GAVAGHAN, Plaintiff,v.SAYED BIBI SAID and SOUTHLAND CORP., Defendants.
Presently before this Court is Defendants, Sayed Bibbi Said and Southland Corporation's, Motion for Sanctions.[1] For the reasons set forth below, Defendants' Motion is granted.
The Parties
Plaintiff, John Gavaghan ("Plaintiff"), is an adult individual residing in Philadelphia, Pennsylvania. (Compl. ¶ 1.) Defendant, Sayed Bibi Said (singularly "Defendant Said"), is an adult individual residing in Oakley, California. (Not. of Removal ¶ 17.) Defendant, Southland Corporation (singularly "Defendant 7-Eleven") changed its name to 7-Eleven, Corporation, in 1999. (Id. ¶ 18.) Defendant 7-Eleven is a Texas corporation with its principal place of business in Dallas, Texas. (Id. ¶ 19.) Defendant Said operates a 7-Eleven store at 5231 Harbison Avenue in Philadelphia, Pennsylvania. (Compl. ¶ 2.) Plaintiff's suit against Defendant Said and Defendant 7-Eleven (collectively "Defendants") is for personal injury suffered as a consequence of allegedly dangerous conditions at the 7-Eleven storefront on Harbison Avenue. (Id. ¶ 8.)
Plaintiff's Allegations
On or about September 11, 2010, Plaintiff was walking into the 7-Eleven store on Harbison Avenue when he tripped, stumbled and fell over a concrete wheel stop that was off its moorings. (Id. ¶¶ 6, 8.) Defendants did not place any warning signs or markers indicating the dangerous condition on their premises. (Id. ¶ 7.) Plaintiff suffered severe and permanent injuries to his hip, neck, back, spine and limbs, as well as multiple abrasions and contusions, and severe shock to his nerves and nervous system. (Id. ¶ 9.) These injuries have resulted in cosmetic disfigurement, physical and mental impairment, as well as physical pain, mental anguish, embarrassment and humiliation, which prevent Plaintiff from performing all or substantially all of the material acts, duties and occupations which constitute his usual and customary activities. (Id. ¶¶ 13-14.) Additionally, Plaintiff has suffered financial expenses and losses including a loss of his earnings and impairment of his earning capacity, which may continue into the future. (Id. ¶¶ 11-12.)
Plaintiff filed a Complaint against Defendants in the Court of Common Pleas of Philadelphia County on September 7, 2012. (Not. of Removal at 1.) Noting the complete diversity of the parties and that the amount in controversy exceeds $75, 000, Defendants removed the litigation to federal court on November 13, 2012. (Id.)
After a telephone conference between the Court and the parties, discovery began on November 30, 2012, and was to be completed by May 1, 2013. (Sch. Order Nov. 30, 2012.) The record evidences repeated noncooperation by Plaintiff, which required Defendants petitioning this Court for relief. These incidents are summarized in the following:
Defendants' Motion for Contempt and Compel Compliance with a Subpoena
On December 17, 2012, Defendants served Plaintiff with a subpoena requesting the production of certain photographs of the site where the alleged injury occurred and any information relating to these photographs. (Defs.' Mot. for Contempt ¶ 5.) Plaintiff's response was due January 7, 2013. (Id. ¶ 6.) After not receiving any response, Defendants sent letters to Plaintiff on January 25, 2013, and February 14, 2013. (Id. ¶¶ 7-8.) Plaintiff again failed to respond in any way to Defendants' attempts at correspondence, which necessitated Defendants to file a Motion for Contempt and to Compel Compliance with the Subpoena on March 7, 2013. (Doc. 9.) Five days later, we granted Defendants' Motion and Ordered Plaintiff to produce the requested materials. (See Doc. 10.)
Defendants' Motions to Compel
On January 22, 2013, Defendants filed a Motion to Compel Plaintiff's Response to Defendants' Interrogatories and Document Requests. (Doc. 6.) The Motion asserted that Plaintiff had failed to respond in any way to Defendants' discovery requests, which were due on January 2, 2013, nor respond to a letter sent by Defendants on January 10, 2013, informing Plaintiff of his non-compliance. (Id. at 3.) On January 24, 2013, we issued an Order compelling Plaintiff to provide full responses to Defendants' interrogatories and document requests within ten days or Plaintiff would be sanctioned by this Court. (See Doc. 7 (Ct. Order Jan. 24, 2013)).
Plaintiff submitted responses to the discovery requests on February 1, 2013; however, Plaintiff's responses were incomplete. (Defs.' Mot. to Compel (Doc. 11) ¶ 7.) Defendants notified Plaintiff of the inadequacies of his responses by letter, which specifically stated that the responses were not in accordance with the Federal Rules of Civil Procedure and that Plaintiff did not provide written responses to the Request for Production of Documents, nor full and complete responses to two interrogatories. (Id. ¶ 8.) On February 13, 2013, Plaintiff's attorney sent a letter to Defendants amending the answers to two interrogatories. (Id. ¶ 9.) Thirteen days later, Defendants sent another letter to Plaintiff pointing out the continuing deficiencies in Plaintiff's responses. (Id. ¶ 10.) Plaintiff's continued non-compliance with Defendants' discovery requests and the January 24, 2013 Order of this Court impelled Defendants to file another Motion to Compel Plaintiff's Response to Defendants' Interrogatories and Document Requests. (See Doc. 11.) On April 3, 2013, we issued an Order for Plaintiff to provide full and verified responses to Defendants' document requests and interrogatories within ten days or Plaintiff would suffer sanctions. (See Doc. 15.) The Order specifically required Plaintiff to provide information relating to his earnings from a horse racing business known as Buddy Boy Stables. (Id.) This information is integral to Defendants' ability to defend against Plaintiffs' lost earnings claim. (Def.'s Mot. for Sanctions ¶ 9-10.) Although more than a month has passed since our April 3, 2013 Order, Plaintiff has not produced the records and tax returns related to this purported business loss claim. (Id. ¶ 12.)
Plaintiff's Failure to Appear at a Medical Examination
In a letter dated March 2, 2013, Defendants notified Plaintiff's counsel that Plaintiff was scheduled for a medical examination pursuant to Federal Rules of Civil Procedure 35 at the Rothman Institute on May 2, 2013. (Id. ¶ 17; see also Fed.R.Civ.P. 35.) Out of an abundance of caution, Defendants provided Plaintiff, at his April 24, 2013 deposition, with a copy of the letter setting the medical examination date and time. (Id.) Plaintiff failed to appear at the May 2, 2013 examination. (Id. ¶ 18.) Due to Plaintiff's failure to attend the examination, Defendants are unable to reschedule an appointment prior to the May 30, 2013 deadline for submission of Defendants' expert disclosures. (Id. ¶ 20.) In addition, the Rothman Institute charges a $1, 000 fee for rescheduling a medical examination. (Id. ¶ 21.)
Plaintiff's Failure to Make any Expert Disclosures
Pursuant to our Scheduling Order of November 30, 2012, Plaintiff was required to identify his expert witness(es) no later than May 1, 2013. (Id. ¶ 22.) Despite being reminded by Defendants, Plaintiff has not, at the time of this Opinion, identified any medical or economic loss expert to Defendants. (Id. ¶ 23.)
Defendants seek sanctions against Plaintiff pursuant to Federal Rule of Civil Procedure 37(b)(2)(A) and (C) due to Plaintiff's persistent failure to provide discovery and for the continued violation of this Court's Orders. Defendants argue that dismissal is proper "[I]n light of plaintiff's repeated failure to comply with discovery, including plaintiff's failure to comply with this Court's Orders, failure to appear at the agreed upon medical examination, failure to disclose relevant tax returns and failure to disclose any experts by the Court mandated deadline." (Defs.' Mot. for Sanctions at 8.) In the alternative, Defendants contend that Plaintiff should be precluded from advancing any wage or business loss claim and precluded from advancing any claim or all medical records relating to hip pain and injuries suffered by Plaintiff. (Id.) With due regard for Plaintiff's repeated violations of the Federal Rules and the Orders of this Court, we find dismissal with prejudice to be the only appropriate sanction.
The Federal Rules permit dismissal as a sanction when a party fails to obey a court order compelling discovery. See Fed.R.Civ.P. 37(b)(2)(A)(v). Dismissal with prejudice is a drastic sanction which the United States Supreme Court has declared as "extreme." Wesley v. Dixon, 198 Fed. App'x. 249, 251 (3d Cir. 2006) (quoting Nat'l Hockey League v. Met. Hockey Club, Inc., 427 U.S. 639, 643 (1976)). Recognizing the severity of dismissal with prejudice, the United States Court of Appeals for the Third Circuit has constructed a six-factor analysis, known as the Poulis factors, to scrutinize and ultimately sift out the unworthy cases. See Poulis v. State Farm Fire and Cas. Co., 747 F.2d 863 (3d Cir. 1984). Before imposing any sanctions that "deprive a party of the right to proceed with or defend against a claim, " courts must view the circumstances of the case through the lens of the Poulis factors. See Comdyne I, Inc. v. Corbin, 908 F.2d 1142, 1148 (3d Cir. 1990).
The factors to be weighed under Poulis are: (1) the extent of the parties' personal responsibility; (2) the prejudice to the defendant; (3) the history of dilatoriness; (4) whether the conduct was willful or in bad faith; (5) the effectiveness of sanctions other than dismissal; and (6) the meritoriousness of the claim. Poulis, 747 F.2d at 868. Each factor does not need to be satisfied for the district court to dismiss a claim. Hicks v. Feeney, 850 F.2d 152, 156 (3d Cir. 1988). However, all the factors must be considered. Mindek v. Rigatti, 964 F.2d 1369, 1373 (3d Cir. 1992). After carefully reviewing these factors, we conclude that Plaintiff's repeated disregard for the Federal Rules and the Orders of this Court warrant dismissal with prejudice.
A. The Poulis Factors
(1) The Extent of Plaintiff's Personal Responsibility
Even though Plaintiff is represented by counsel, it is undeniable that Plaintiff bears some level of personal responsibility. Plaintiff failed to attend a medical examination that was required by Rule 35 after receiving adequate notice from Defendants. Additionally, Plaintiff has neglected to provide Defendants with tax and earning records that are pertinent to Plaintiff's claims for economic loss. Thus, we weigh this factor in Defendants' favor.
(2) Prejudice to Defendants
Defendants have been severely prejudiced by Plaintiff's failures to provide the necessary discovery materials and follow the Orders of this Court. Plaintiff's transgressions have cost Defendants significant time and money to attempt to coax compliance from Plaintiff. See Poulis, 747 F.2d at 868; Adams v. Trustees of N.J. Brewery Employees' Pension Trust Fund, 29 F.3d 863, 873-74 (3d Cir. 1994) (finding burdens or costs imposed on a defendant to gain compliance with court orders are prejudicial). Overall, Defendants' efforts at putting together a proper defense have been thwarted by Plaintiff's consistent non-compliance. See Ware v. Rodale Press, Inc., 322 F.3d 218, 222 (3d Cir. 2003) (finding prejudice where ability to prepare effectively a full and complete trial strategy is impeded). A finding of prejudice weighs heavily in favor of dismissal. See Adams, 29 F.3d at 874; Huertas v. City of Phila., No. 02-7955, 2005 WL 226149, at *3 (E.D. Pa. Jan. 26, 2005).
(3) History of Dilatoriness
A history of dilatoriness is exhibited by "extensive and repeated delay or delinquency" such as "consistent non-response to interrogatories or consistent tardiness in complying with court orders." Briscoe v. Klaus, 538 F.3d 252, 260 (3d Cir. 2008) (citing Adams, 29 F.3d at 874). The record is replete with Plaintiff's dilatory conduct. Plaintiff has consistently disregarded the requirements of the Federal Rules, discovery requests made by Defendants, this Court's Scheduling Order and other Orders compelling action by Plaintiff.
(4) Willfulness or Bad Faith
In essence, this prong tasks the court with determining the underlying rationale behind the plaintiff's conduct. A plaintiff's "failure to comply with the court's orders and in dragging the case out [must be] willful and not merely the result of negligence or inadvertence" to find for the defendant. Emerson v. Thiel College, 296 F.3d 184, 191 (3d Cir. 2002). Thus, this Court must ascertain whether the conduct was "strategic, intentional or self-serving" and not just negligence. Adams, 29 F.3d at 875. Where the record is devoid of any indication that Plaintiff's failure was from "excusable neglect" the conclusion that his "failure is willful is inescapable." Palmer v. Rustin, No. 10-42, 2011 WL 5101774, at *2 (W.D. Pa. Oct. 25, 2011). Here, the record bears none of the signs of excusable neglect. Rather, we find that Plaintiff's conduct, if not "strategic" or "intentional, " has at least been "self-serving." See Adams, 29 F.3d at 875. In addition, as noted, Plaintiff has failed to file a response to this Motion explaining his violations. Accordingly, we find that Plaintiff's conduct was willful or in bad faith. See Palmer, 2011 WL 5101774, at *2.
(5) Effectiveness of Sanctions Other than Dismissal
As previously noted, "dismissals with prejudice . . . are a drastic sanction, termed 'extreme' by the Supreme Court . . . and are to be reserved for comparable cases." Poulis, 747 F.2d at 867-68 (citing Nat'l Hockey League, 427 U.S. at 643). In this Circuit, dismissal has been found appropriate for not obeying court orders. See Deslonde v. N.J., No. 09-03446, 2010 WL 4226505, at *3 (D. N.J. Oct. 21, 2010) (sanctions less than dismissal would be ineffective for repeated and consistent failure to respond to court orders); see also Smith v. Altegra Credit Co., No. 02-8221, 2004 WL 2399773, at *5 (E.D. Pa. Sept. 22, 2004) (failure to respond to court order even after warnings indicated that additional warnings and sanctions short of dismissal would be ineffective); Rita's Water Ice Franchise Co., LLC v. Smith Enters., LLC, No. 10-4297, 2011 WL 1196468, at *5-6 (E.D. Pa. Mar. 29, 2011) (dismissal for failure to obey court orders). Here, Plaintiff has repeatedly disregarded the mandates of our Scheduling Order and subsequent Orders compelling action by Plaintiff. Consequently, we find that any sanctions short of dismissal would be ineffective in this case.[2]
(6) Meritoriousness of the Claim
Plaintiff's noncompliant conduct has stunted the discovery process resulting in limited information from which to ascertain the meritoriousness of Plaintiff's claims. Thus, in this case we have placed less weight on this factor, yet still proceed with the analysis.
The limited record, as set forth by Defendants', evidences that Plaintiff suffered previous injury to his hip, and that the medical reports do not connote any new injury from the alleged fall underlying this litigation. Plaintiff has neglected to contradict this fact. Thus, in light of the meager record due to Plaintiff's failure to adequately participate in discovery and specifically respond to Defendants' contentions, we express some skepticism at the seriousness of Plaintiff's injury, and the overall meritoriousness of his claims.
With regards to the Poulis factors, we find that the record clearly evidences that: Plaintiff bears some level of personal responsibility; Defendants were prejudiced by Plaintiff's failure; there is a history of dilatoriness by Plaintiff; such conduct was willful or in bad faith; and dismissal with prejudice is the only effective sanction. In sum, we are confronted with a litigant "who flagrantly violate[s] or ignore[s] court orders, " and have no appropriate recourse other than dismissal with prejudice. See Mindek, 964 F.2d at 1373. Accordingly, Defendants' Motion for Sanctions is granted. Plaintiff's Complaint is dismissed with prejudice.
An appropriate Order follows.
AND NOW, this 14th day of June, 2013, upon consideration of the "Motion for Sanctions" filed by Defendants, Sayed Bibbi Said and Southland Corporation ("Defendants") (Doc. No. 16), against Plaintiff, John Gavaghan ("Plaintiff"), to which Plaintiff has not filed a response, it is hereby ORDERED that the Motion is GRANTED. It is FURTHER ORDERED that Plaintiff's Complaint is DISMISSED with PREJUDICE.
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|About 103 results (0.36 seconds)
Did you mean: "Email"
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January 8, 2008
JOHN S. PENROD, PETITIONER,v.UNITED STATES OF AMERICA, RESPONDENT.
This matter comes before the Court on petitioner John S. Penrod's ("Penrod") motion for a certificate of appealability (Doc. 18). As a preliminary matter, the Court notes that Penrod has not yet filed a document labeled "Notice of Appeal." However, the contents of his pending motion evidence an intent to appeal the Court's denial of his motion to vacate his sentence pursuant to 28 U.S.C. § 2255 to the Court of Appeals for the Seventh Circuit and therefore satisfy the requirements of Federal Rule of Appellate Procedure 3(c)(1). Accordingly, the Court CONSTRUES the motion for a certificate of appealability (Doc. 18) to contain a notice of appeal and DIRECTS the Clerk of Court to docket it as such as of the date it was filed.
A § 2255 petitioner may not proceed on appeal without a certificate of appealability. 28 U.S.C. § 2253(c)(1); see Ouska v. Cahill-Masching, 246 F.3d 1036, 1045 (7th Cir. 2001). A certificate of appealability may issue "only if the applicant has made a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2); see Tennard v. Dretke, 542 U.S. 274, 282 (2004); Ouska, 246 F.3d at 1045. To make such a showing, the petitioner must "demonstrate that reasonable jurists could debate whether [the] challenge in [the] habeas petition should have been resolved in a different manner or that the issue presented was adequate to deserve encouragement to proceed further."Ouska, 246 F.3d at 1046; accord Tennard, 542 U.S. at 282; Slack v. McDaniel, 529 U.S. 473, 484 (2000) (certificate of appealability should issue if the petitioner demonstrates "that reasonable jurists would find the district court's assessment of the constitutional claims debatable or wrong.") The Court finds that Penrod has not made such a showing and, accordingly, DENIES the motion for a certificate of appealability (Doc. 18).
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United States District Court, M.D. Pennsylvania
November 18, 2005.
KEITH BARTELLI, Plaintiff,
PAUL ROMANOWSKI, et al., Defendants.
AND NOW, THIS 18th DAY OF NOVEMBER, 2005, IT APPEARING TO
[1] On April 26, 2004, plaintiff filed the above-captioned
action pursuant to 42 U.S.C. § 1983, against Paul Romanowski,
Wayne Cole, Dan Douglas, and Donald Jones, all staff members at
the State Correctional Institution at Dallas (SCI Dallas),
[2] the matter was assigned to United States Magistrate Judge
Thomas M. Blewitt;
[3] on October 29, 2004, this court adopted in part a Report
and Recommendation of the Magistrate Judge and dismissed the
claims against defendants Douglas and Cole for failure to state a
cognizable claim;
[4] we further directed that Bartelli's complaint be served
upon defendants Romanowski and Jones; (Doc. 13)
[5] plaintiff's complaint asserts two claims: (1) that
defendant Romanowski filed a misconduct against Bartelli, who was
subsequently adjudged guilty by defendant Jones, and terminated the inmate's employment after the
plaintiff filed a grievance against Romanowski on March 15, 2001;
and, (2) that on March 25, 2001, defendant Romanowski conspired
with other SCI Dallas staff at a support team hearing to prevent
the plaintiff from obtaining any future employment in skill
[6] the defendants filed a motion for summary judgment and,
alternatively, for judgment on the pleadings, on May 26, 2005;
(Doc. 52)
[7] both parties briefed the motion for summary judgment;
[8] Magistrate Judge Blewitt issued a Report and Recommendation
on September 23, 2005, suggesting that we grant the defendants'
motion for judgment on the pleadings as the plaintiff failed to
exhaust his available administrative remedies and because his
claims are time-barred by the statute of limitations, and further
recommended that we grant the defendants' motion for summary
[9] neither the plaintiff, nor the defendant filed objections
to the Report and Recommendation.*fn2 IT FURTHER APPEARING THAT:
[10] If no objections are filed to a Magistrate Judge's Report
and Recommendation, the Court need not conduct a de novo review
of the plaintiff's claims. 28 U.S.C. § 636(b)(1)(C); Thomas v.
Arn, 474 U.S. 140, 150-53, 106 S.Ct. 466 (1985). Nonetheless,
the usual practice of the district court is to give "reasoned
consideration" to a magistrate judge's report prior to adopting
it. Henderson v. Carlson, 812 F.2d 874, 878 (3rd Cir.
[11] having examined the Magistrate Judge's Report and
Recommendation, we agree with his recommendation to grant the
defendants' motion for summary judgment and for judgment on the
[12] we concur with the Magistrate Judge's analysis of the
issues raised in the defendants' motion and find the Magistrate
Judge's review of the record to be comprehensive;
[13] specifically, we agree with the Magistrate Judge's
conclusion that the defendants' motion for judgment on the
pleadings should be granted because the plaintiff failed to
exhaust his administrative remedies and because plaintiff's
claims are time-barred by the applicable statute of limitations;
[14] we further agree with the Magistrate Judge's determination
that summary judgment should be entered in favor of the
defendants as they have submitted uncontested evidence to
establish that no retaliatory action was taken by defendant Romanowski against the plaintiff, and that defendant
Jones had no personal involvement in the adjudication of the
misconduct, as the misconduct was handled through informal
institutional resolution and not presented to a hearing
[1] the Report and Recommendation of Magistrate Judge Thomas M.
Blewitt dated September 23, 2005 (Doc. 69) is adopted;
[2] the defendants' motion for summary judgment (Doc. 52) is
[3] judgment is entered in favor of the defendants, Paul
Romanowski and Donald Jones, and against the plaintiff, Keith
Bartelli; and
[4] the Clerk of Court is directed to close this case, and
forward a copy of this Memorandum and Order to the Magistrate
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Job ID: 20160111-6699-SH Company Name: 3E Company Description: 3E Company is currently hiring for a Solutions Engineer. This position can be based in Canton, OH or Bethesda, MD. What 3E has to offer? To work with a collaborative team To join an industry leader that9/27/2016 Bethesda, MD Save This Job
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Open Positions Expert Wellness Coach (Telecommute) Location: Chicago, ILType: Part TimeMin. Experience: Mid Level Who we are: Retrofit?s vision is to transform lives and workplaces by improving health, happiness and performance. Our mission is to deliver the most personalized11/15/2016 Chicago, IL Save This Job
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WorkCycles Fr8 Bikes
You guessed it! Pictures of the fantastically versatile, modular Workcycles Fr8 transport bike in all forms and colors. We build these bikes for customers of all sorts: families with several kids, businesses, really big men and those who just want a super tough, great riding, stylish bike.
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Take a break from your busy schedule and refresh your spirit with nature at the refuge. Take a guided nature walk on the Tidelands Trail and hear what makes this National Wildlife Refuge unique. The 1.3-mile walk traverses through endangered species habitat and offers great views of south San Francisco Bay. Led by Matthew Keehner. Meet in front of the Visitor Center
Bay Nature's Event Calendar
Bay Nature's events calendar has events from nature organizations all over the Bay Area. Find guided Bay Area hiking, learn about Bay Area wildlife, and more. For Bay Nature sponsored events click here
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Work experience at least 9 to 10 years of PeopleSoft HRMS modules strong technical skill related to PeopleSoft in the area of People Code, Application engine, integration broker, & SQR reporting exposure to functional understanding of various modules is required.
Experience of managing the team size of 10 People and an understanding of managing the operation activities like ticket resolution, Performance improvement , validating the effort estimation for various changes in PeopleSoft. Should have supporting experience for Core HRMS, Performance management, Absence, Competence modules also require exposure to CRM & portal modules.
Notice Period: Max 15 days only
Peoplesoft Hrms Peoplesoft Hrms Integration Broker People Code Integration


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Create an Account - Increase your productivity, customize your experience, and engage in information you care about.
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Wake County Economic Development Incentive Programs


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Hitch Adapter Receiver, 2 In. To 1-1/4 In.
Fit this hitch adapter into standard 2 inch receivers in order to haul cargo carriers and more. It accepts 1-1/4 inch inserts for the proper towing capacities. This adapter sleeve is constructed from steel and powder coated for additional durability.
A useful hauling accessory for smaller towing items, this truck hitch adapter can safely install bike racks and more on the back of your vehicle. For safe towing this adapter receiver tube requires 5/8 inch or 1/2 inch hitch pins, which are sold separately. The adapter sleeve measures 7 inches long and is constructed from steel with a powder coating that helps protect it against harsh outdoor conditions. It is compatible with most standard 2 inch truck receivers and can accept hitch inserts that measure 1-1/4 inches.Specifications
- Hitch Adapter Receiver
- Fits standard 2 in. receiver
- Accepts 1-1/4 in. inserts
- Ideal for cargo carriers, bike racks and other mounted hitches
- Length: 7 in.
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Sophie Zelmani - Black Day CDS
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Outrage after Virginia server receives 'racist' note in lieu of tip
The owner of a Virginia restaurant said she doesn't want the people who are responsible for a "nasty and racist" comment that was left on a receipt and was directed toward a server.
WHSV-TV reported Thursday Sadie Elledge, 18, served a man and a woman two gyros, sodas and a Greek salad at Jess' Lunch in Harrisonburg. Elledge said that she felt uncomfortable serving the pair because they wouldn't talk to her and only would "nod their heads."
The woman signed the receipt and didn't leave a tip, which the station reported isn't uncommon for the restaurant workers. However, what she wrote in the tip spot is what has caused an uproar.
The receipt read: "We only tip citizens."
A server here in the Valley received a #receipt with a note many are calling #racist that said #WeOnlyTipCitizens: https://t.co/XNs51ZyH0p
— WHSVnews (@WHSVnews) August 19, 2016
"It shouldn't even matter, I just feel like it's rude and disrespectful. I've never met, I've never done anything to them," Elledge told WHSV-TV.
Elledge said she was born in the U.S., but is of Mexican and Honduran descent. She also said the woman who left the rude message had an accent and that the restaurant is an immigrant-created and owned business, which also left her in disbelief.
"Coward is the word to describe what they did. I have worse words to use," the eatery's owner Angeliki Floros told the station. "But let's go with coward."
The station reported that the entire incident was caught on surveillance footage. The woman who left the tip wouldn't comment on the situation.
Floros said she wants an apology.
"I would like for them to not come here unless they regret what they did," she added.


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Seems everywhere we look these days everyone is becoming more and more into Survival, either from a Catastrophe or for fear of Government break down, I


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Womens Cowl Neck Sweater
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Accenture employees pledge more than 10,000 hours to participate in Hour of Code tutorials, teach computer programming to students, promote access to computer science education
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♥ Add EpisodeTube.com to your favorite bar.
Conviction S01E08
|Watch Online Conviction: Season 1 Episode 8 (S01E08) Stream
|Air Date: 28/11/2016
Bad Deals
Plot: CIU revisits the case of Sierra Macy, a teenage girl who was kidnapped ten years ago and assumed dead - until she manages to escape her captor's home after he suffers a heart attack and dies. Sam, one of the original prosecutors, steadfastly believes that the right man was convicted: Sierra's former teacher Josh Fleck. Sam's undeniable conflict of interest has Hayes second-guessing her decision to keep him on the CIU review of the case. Meanwhile, Hayes is determined to intercede on Wallace's behalf - and against his wishes - in an investigation into his professional misconduct. Her stunning discoveries about quid pro quos that Wallace brokered in her cocaine bust and an earlier case they worked back in Chicago force the two to re-examine their personal and professional relationships.


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Music Gear News
Sophie Ellis-Bextor heading to Ibiza for video
Sophie Ellis-Bextor will film her next video in Ibiza.
The 31-year-old singer has recorded a trance track, 'Not Giving Up', with DJ Armin Van Buuren and the pair are heading to the clubber's paradise to shoot the promo and will also perform at legendary club Amnesia.
Speaking at the launch of the Jacques pop-up Townhouse earlier in the week, Sophie told BANG Showbiz: "I'm filming the video for 'Not Giving Up' in Ibiza this weekend.
"We've got a really beautiful location. And we'll be on a boat. It's going to be directed by Sophie Muller. And then I'm going to perform with Armin at the Amnesia club, where he has a residency.
"I can't wait. It's going to be so much fun. I like Ibiza, it's really beautiful. San Antonio is not really my cup of tea but the rest of the island is gorgeous."
Discussing upcoming album 'Straight to the Heart', Sophie revealed the LP is now finished ahead of its release in the autumn.
She said: "My album is all done. It will be out in the autumn. Although that's as far as I've got in my head. I'm not very good at planning ahead, it's sort of one thing at a time."Posted on 29 Jul 2010 10:00 to category : Music News
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May 24, 2011
SCION DWIGHT MANAGING MEMBER LLC, AN ILLINOIS LIMITED LIABILITY COMPANY, PLAINTIFF,v.DWIGHT LOFTS HOLDINGS, LLC, A DELAWARE LIMITED LIABILITY COMPANY, DEFENDANT.
Plaintiff Scion Dwight Managing Member LLC ("Scion Dwight") has sued defendant Dwight Lofts Holdings, LLC ("DLH") for breach of contract and fiduciary duty. DLH asks the Court to stay this case pursuant to the Colorado River doctrine. For the reasons set forth below, the Court denies the motion.
On January 22, 2008, Scion Dwight and DLH formed Dwight Lofts LLC ("the Company") to purchase and manage certain rental property in Chicago. (First Am. Compl. ¶¶ 8-11.) Among other things, the Company's Amended LLC Agreement ("Agreement"): (1) makes Scion Dwight the Company's managing member and gives it the absolute right, starting twenty-four months after the rental property is acquired, to sell its interest in the Company to DLH ("Put Right"); (2) gives DLH the absolute right to revoke Scion Dwight's management authority; and (3) sets forth the order in which the proceeds from selling the Company will be distributed to the parties ("Sale Proceeds Waterfall Provision"). (Id. ¶¶ 17-18, 21-29; id., Ex. 1, Agreement §§ 1.1, 4.2, 5.1.1, 5.1.4, 6.4.1, 6.4.2; id., Ex. 2, First Amendment §§ 6.4.1-.4.2.) On July 22, 2008, the Company purchased the property. (See First Am. Compl. ¶¶ 21-22.)
In early 2010, the Company began negotiating a long-term lease of the property with Columbia College. (Id. ¶ 36.) Before the lease was finalized, DLH terminated Scion Dwight's management rights and offered to let Scion Dwight exercise the Put Right early to liquidate its interest in the Company. (Id. ¶¶ 30-34, 41.) Scion Dwight said it would do interested in doing so, but not until the lease with Columbia was in place. (Id. ¶ 42.)
On April 7, 2010, Columbia College signed a lease for five academic years starting August 2010, but gave the Company the right to rent the property to others during the summer when school was not in session. (Id. ¶¶ 37-40.)
Thereafter, Scion Dwight prepared to exercise its Put Right by analyzing the property's fair market value. (Id. ¶ 43.) It concluded the property was worth about $96.5 million, a figure based in part on projected summer rental revenues of $958,000.000 each year. (Id. ¶¶ 44-48.) In May 2010, DLH rejected Scion Dwight's valuation and withdrew its offer to let Scion Dwight exercise the Put Right early. (Id. ¶ 54.)
Over the next few weeks, Scion Dwight urged DLH to make meaningful efforts to secure summer rentals because that revenue would greatly impact the value of Scion Dwight's interest in the Company. (Id. ¶¶ 55-58.) DLH ignored these requests. (Id. ¶¶ 59-71.)
On July 22, 2010, Scion Dwight exercised its Put Right and, in accordance with the Agreement, the parties mutually appointed an appraiser to determine the property's fair market value (Id. ¶¶ 72-73.) DLH falsely told the appraiser that the prospects for obtaining summer rentals were dim, and thus such rentals were not likely to generate much revenue in the future. (Id. ¶¶ 74-77.)
The appraiser accepted DLH's representations and projected summer occupancy rates of ten and twenty percent for 2011 and 2012, respectively, and fifty percent for each lease year thereafter. (Id. ¶ 79.) The appraiser set the property's fair market value at $97.5 million. (Id. ¶ 78.)
On September 20, 2010, DLH told Scion Dwight that there was a mistake in the Sale Proceeds Waterfall provision of the Agreement and two others like it that the parties had signed in connection with similar projects. (See First Am. Compl., Ex. 6, Letter from Bellinger to Bronstein of 9/20/10.) DLH said the parties had agreed that Scion Dwight would be paid a "promote percentage," or additional return, when the Company was liquidated but only after DLH's capital investment had been repaid. (Id.) The Agreement, however, states that the promote percentage will be paid first. (Id.; see First Am Compl., Ex. A, Agreement § 4.2.) DLH asked Scion Dwight to amend the agreements to reflect the parties' true intent. (Id., Ex. 6, Letter from Bellinger to Bronstein of 9/20/10.)
In response, Scion Dwight filed this suit, alleging that DLH had anticipatorily breached the Agreement. Subsequently, Scion Dwight added a claim for breach of fiduciary duty, alleging that DLH deliberately failed to obtain summer rentals to decrease the property's value, and thus Scion Dwight's payout.
Immediately after Scion Dwight filed this suit, DLH filed suit in Delaware state court asking for reformation of the Sale Proceeds Waterfall provision in the three agreements executed by ht parties or their affiliates. (See Barnett Aff. Supp. Mot. Stay, Ex. 1, ASB Allegiance Real Estate Fund v. Scion Breckenridge Managing Member LLC, No. 5843 (Del. Ch. Ct.) (Compl).)
DLH asks the Court to stay this case pursuant to the doctrine set forth in Colorado River Water Conservation District v. United States, 424 U.S. 800 (1976). A stay is appropriate under that doctrine only if the state suit is parallel to the federal suit and there are "exceptional circumstances" that warrant abstention. Clark v. Lacy 376 F.3d 682, 685 (7th Cir. 2004); see Sverdrup Corp. v. Edwardsville Cmt'y Unit Sch. Dist. No. 7, 125 F.3d 546, 549 (7th Cir. 1997) (noting that "federal courts have a virtually unflagging obligation to exercise the jurisdiction conferred on them" and "[o]nly the clearest of justifications warrants abstention in favor of a concurrent state proceeding" (quotations omitted)). Two suits are parallel if substantially the same parties are litigating substantially the same issues simultaneously in two different courts. Clark, 376 F.3d at 686. The cases need not be entirely symmetrical to be parallel, but there should be "a substantial likelihood that the state litigation will dispose of all claims presented in the federal case." Id. (quotation omitted).
In the Delaware suit, DLH and its affiliates are suing Scion Dwight and its affiliates for reformation of the Sale Proceeds Waterfall Provision in three LLC agreements. (Barnett Aff. Supp. Mot. Stay, Ex. 1, ASB Allegiance Real Estate Fund v. Scion Breckenridge Managing Member LLC, No. 5843 (Del. Ch. Ct.) (Compl).) In this case, Scion Dwight alleges that DLH anticipatorily breached that provision and, by deliberately suppressing the fair market value of the Company's property, its fiduciary duty to Scion Dwight. Though Scion Dwight has not asserted the fiduciary duty claim in the Delaware suit, DLH says it will have to do so because the claim is a compulsory counterclaim under Delaware law. Because the claims in this suit are or will be before the Delaware court, DLH argues that the two suits parallel.
The fiduciary duty claim is a compulsory counterclaim under Delaware law only "if it arises out of the transaction or occurrence that is the subject matter of [DLH's] claim" and was not "the subject of another pending action" when the Delaware suit was filed. Del. Super. Ct. R. Civ. P. 13(a). Scion Dwight filed this suit before DLH filed suit in Delaware, but it did not assert the fiduciary duty claim until after the state suit had been filed. Thus, it is not clear whether the fiduciary duty claim, which Scion Dwight could have alleged from the start, was "the subject" of this suit when it was filed or subsequently become its subject when Scion Dwight actually asserted the claim.
DLH contends, without citation to authority, that it is the latter. Even if that were true, an issue the Court does not decide, the fact that claims raised in this suit are compulsory counterclaims in the Delaware suit would not make the two suits parallel:
[I]t could be argued that a claim brought in a federal action based on a claim which would be a compulsory counterclaim in a pending foreign action might make the federal action "parallel" to the foreign action, because the federal claim would be "disposed of" in the foreign action in one way or another. (That is, it would either be asserted as a counterclaim in the foreign action and decided there, or lost if not asserted before the conclusion of the foreign action. Either way, conclusion of the foreign litigation would leave nothing left for the federal court to decide.) However, the appellees point to no authority (nor have we found any) suggesting that a federal action is parallel to a state or foreign action for Colorado River abstention purposes when the claim upon which the federal action is based is pleadable as a compulsory counterclaim in the other action.
AAR Int'l, Inc. v. Nimelias Enters. S.A., 250 F.3d 510, 522 (7th Cir. 2001); see TruServ Corp. v. Flegles, Inc., 419 F.3d 584, 593 (7th Cir. 2005) (same). Because the Delaware suit is not parallel to this one, the Court has no basis for granting DLH's motion to stay. TruServ, 419 F.3d 592 ("[I]f . . . two cases are not parallel, the Colorado River doctrine does not apply.")
For the reasons set forth above, the Court denies defendant's motion to stay [doc. no. 12].
HON. RONALD A. GUZMAN United States District Judge
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'The film is a mirror image of the Zapruder film' and was swept up in the investigation of Kennedy's death, and never returned to its owner
Now, a declassified 2013 report by CIA historian David Robarge details how, at the very least, the CIA knew much more than it has let on
Obama's intellectual pedigree runs to Woodrow Wilson, the first presidential disparager of the separation of powers. Like Wilson, Obama ignores the constitutional etiquette of respecting even rivalrous institutions.
Even Kennedy, the Captain of Cool, was beginning to fret as airtime approached. If he stammered or stumbled, if he appeared too hot, he knew that television could undo him
A new book explores two of John F. Kennedy's most famous speeches, delivered just months before his fateful trip to Dallas
A funeral home wants to sell the coffin Lee Harvey Oswald was buried in for nearly 20 years, until a 1981 exhumation. The killer's brother wants it 'destroyed'
One photo captures a dapper JFK slicing into his wedding cake. Another shows the family dog peeking out playfully from the folds of Jacqueline's billowing dress
The Warren report was meant to put an end to the swirling conspiracy theories — but 50 years later, one man who worked on the report is questioning it's accuracy
The correspondence, from 1950 to 1964, has excited Kennedy experts who have long craved an insight into the secretive former First Lady's thinking
A new historical novel takes readers inside the seams of Jackie Kennedy's Camelot wardrobe


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