text:
Azonique Free Products
Azonique Password Manager Freeware (Last Update: 2015-07-01)
A versatile program to keep all your passwords in one place. All the data is securly encrypted with strong 256bit AES encryption. You can also add secret notes and other data. Keep your logins and passwords for your many online accounts, ftp, e-mail accounts safe. Instead of remembering dozens of passwords or worse even, use the same password for all the sites, store all your sensitive information in a secure password safe.
Shredda Freeware (Last Update: 2015-06-01)
Shredda removes files from your hard drive so that they cannot be recovered. It offers 36 different file shredding algorithms, and can erase shred free space on your hard drive as well as the format the whole hard drive. Files shredded with Shredda are unrecoverable.
Batch Watermark Studio Freeware (Last Update: 2015-05-18)
Protect your photos from data thieves. Add watermarks to your photos to copyright them before your post them on the Internet. With the batch mode you can protect many images at once. You can use templates and change appearance options, and adjust the watermarks in any way you like to get the best protection for your photos. You can rename and resize as well as convert the photos into other image formats.
File Split and Join Freeware (Last Update: 2015-05-16)
A simple and useful application to help you split, join, encrypt, and decrypt files. With File Split and Join you can split large files into smaller parts, optionally encrypt them and join them together again. It allows you to determine checksums and compare two files.
Checksum Generator Freeware (Last Update: 2015-05-15)
A program to calculate different checksums of files. Generate checksums MD5, SHA1, CRC32 and others. Simply drag and drop one or multiple files into the app and the selected checksum will be calculated. Export the data to the clipboard to use it in any other program such as Excel.
Steganomatic Freeware (Last Update: 2015-05-17)
A powerful steganography program to hide any kind of data in images. Hide secret messages, images, sounds, even movies in images. It uses high-security cryptography to keep your secrets save. Use many images to hide data. It provides cryptographic algorithms for AES, DES, IDEA, Blowfish, Twofish, RC5, CAST-128, and CAST-256 with various key lengths.
Azonique Sound Recorder Freeware (Last Update: 2015-06-01)
Record from the microphone or any other sound that is produced on your computer. Save as WAVE, MP3 or OGG. Set scheduled recordings. Extremely fine grained recording options. Record from the internet, from youtube, record online-seminars or podcasts, that you cannot download. Azonique sound recorder allows you to save the recorded sounds as WAV, MP3 or OGG. Schedule your recordings, use voice activation and improve recording quality with Automatic gain control.
Azonique Cam Recorder Freeware (Last Update: 2015-07-14)
Use Azonique Cam Recorder to record from your webcam. Use it to make snapshots or record an image or video only every couple of seconds. Use it as a security cam. It has even an integrated webserver that can stream to the web.
File Search Plus Freeware (Last Update: 2015-05-10)
A program to search through your files and find them. Forgot where you have put that file? Try File Search Plus. It searches through all the files on your computer, has powerful filters, searches within files, select files according to extension, content, size, date used or changed. Use Boolean expression to filter through the search results. Export the results to Excel or other programs through text or CSV.
Clean Slate Freeware (Last Update: 2015-05-14)
A powerful soft reset for your computer. Reset your computer in less than 5 seconds. Does your computer feel sluggish after a long period of use? Instead of rebooting it – try Clean Slate. It performs a "soft reboot" without actually rebooting. Additionally it protects your privacy by cleaning all the recently used lists and other key settings.
Super Shutdowner Freeware (Last Update: 2015-05-10)
A powerful shutdown program, which lets you shut down your notebook or computer in different ways: Shutdown now, shutdown in a certain amount of timer, shutdown at specific time, and shutdown a remote computer. A useful tool to cut down on your electricity bill. Shut your computer down automatically when you don't need it.
One Click Power Control Freeware (Last Update: 2015-05-10)
With one click you have all the power control options at your hands. You can log off, reboot, suspend, hibernate and shutdown your computer or notebook. Not more start menu, no more confirmation dialogs, no more "Are you really sure?" nonsense. One click and this app does exactly what you want. It will save you time and your nerves without any additional annoying mouse clicks.
One Click Shutdown Freeware (Last Update: 2015-05-10)
Hassle-free shutdown of your computer or notebook. Shutdown your computer with a single click. No more menus, no more confirmation. No more "Are you really sure" nonsense. One click and your computer shuts down. Because this is what you want!
One Click Reboot Freeware (Last Update: 2015-05-10)
Hassle-free reboot of your computer or notebook. Reboot your computer with a single click. No more menus, no more confirmation. No more "Are you really sure?" nonsense. One click and your computer reboots. Because this is what you want!
One Click Hibernate Freeware (Last Update: 2015-05-10)
Hassle-free hibernation of your computer or notebook. Hibernate your computer with a single click. No more menus, no more confirmation. No more "Are you really sure?" nonsense. One click and your computer hibernates. A real time saver! You won't want to live without that useful app.
One Click Suspend Freeware (Last Update: 2015-05-10)
Hassle-free suspend mode for your computer or notebook. Suspend your computer with a single click. No more menus, no more confirmation. No more "Are you really sure?" nonsense. One click and your computer goes into suspend mode. A real time saver! You won't want to live without that useful app.


text:
Gladiator Robot Mech Builder - Customize n BattleFree
Ever wanted to build your own robot? Or fight to the death in a gladiator match? Then this is the app for you! Customize your own robot from various guns and weapons to fight to the death against other gladiators to see who is the real champion! Features: Robots gladiators Beautiful graphics Customizable characters Upgradable weapons Endless Deathmatch
Downloads: 4,818+Report app for spam or abuse!
Games > Action for Android
Recommended apps
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Happy Wheels is now available for android divice . Happy Wheels is a side-scrolling, physics-based
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Modern Combat 4: Zero Hour is a new story line of a popular action game from Gameloft.
Truck Driver 3D Free
Do you like truck games? This truck simulator allows you to drive different kinds of heavy trucks.

subset: commoncrawl


text:
your bag
Your bag is empty.
Sorry, this product has sold out!
If you would like ARCHFASHION to try to and find it for you complete the form below.
- made from a beautiful japanese satin crepe - v-neckline - wide shoulder straps - rose gold front zipper detail - relaxed fit - dry clean only free shipping on all australian orders over aud$70+ returns are easy. Click here for more info.


text:
|Price incl. VAT
|£191.62 £179.45
|Price excl. VAT
Get the amazing experience of playing games on a highly portable tablet. Foursome powerful speaker, customizable settings, fast internal components and the best display we've ever planted in tablet - all together cares for it to be picked up by your experience of mobile gaming to new heights.
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Add a Predator Mediamaster to your fun new layer control. Customize your audio and video settings and save them as a profile. Tune settings for deeper black levels in the movies, better contrast in games, the volume level you prefer and other settings.
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The latest version of Android, which saves battery life up to 90 minutes faster performance and higher security of your data and accounts.
Build your own cloud, which will be on all your devices, yet with maximum privacy and security. The capacity of your cloud may be as large as you like, and your computer will become your personal multimedia center. The BYOC is your digital world in sync wirelessly and simultaneously across the entire ecosystem of your devices, regardless of network connectivity, operating system or brand of device.
Acer has focused on developing and selling its branded products in the field of information technology. Acer offers its products in Europe, Middle East, Africa, the Americas, Asia Pacific, China and Taiwan. The company was founded in 1976 and the milestones include the takeover of the IT division of the American Society of Texas Insrumets (1997) or the takeover of Gateway and Packardbell (2008). Acer Group is among the four largest producers of personal computers globally and employing over 7,400 employees. The current success of Acer's mission is to break the barriers between people and technology.
Specifications can be changed without notice. Images are for illustrative purposes only. Retail Price (MSRP) means the manufacturer's/supplier's suggested retail price.
Link to Manufacturer's Website: Enter link to the external review


text:
Upcoming Events
School News
Parent/Teacher Conferences were held on December 1, 2016.
"On December 1, 2016, the campus of ABS Middle & High School was transformed into an international arenas International Day was celebrated.
Students in ABS delight in the multi-cultural environment of the day and often say that: "the international element prepares us for life".
It was wonderful seeing all the children dressed in beautiful traditional wear from different countries all over the world.
Parent Coffee was held last week with a focus on Discovery Education, STEM, and techbooks.
From 14th to 20th November, the Elementary Department students had a general "Dental Screening". Students with dental issues were referred to a Clinic in their area.
The ABSMUN Delegation attended the final local conference for 2016 at the American Creative Academy (ACA) November 17-19.
On November 8, 2016, Girls Sports day was held. They arrive early and left in buses on time as the girls were ready and eager to get on the field and participate in a variety of activities including volleyball, soccer, and the tug of war.


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May 27, 2011
DESPATCH INDUSTRIES LIMITED PARTNERSHIP, PLAINTIFF,v.TP SOLAR, INC., DEFENDANT.
Kurt J. Niederluecke (admitted pro hac vice) email@example.com James R. Mayer (admitted pro hac vice) firstname.lastname@example.com Laura L. Myers (admitted pro hac vice) email@example.com FREDRIKSON & BYRON, PA 200 South Sixth Street, Ste. 4000 Minneapolis, MN 55402 Telephone: 612-492-7000 Facsimile: 612-492-7077 Craig S. Summers (Bar No. 108,688) firstname.lastname@example.com Nicholas M. Zovko (Bar No. 238,248) firstname.lastname@example.com KNOBBE, MARTENS, OLSON & BEAR, LLP 2040 Main Street, 14th Floor Irvine, CA 92614 Telephone: 949-760-0404 Facsimile: 949-760-9502 Attorneys for Plaintiff DESPATCH INDUSTRIES LIMITED PARTNERSHIP
Hon. Fernando M. Olguin
Plaintiff DESPATCH INDUSTRIES LIMITED PARTNERSHIP ("Plaintiff") and Defendant TP SOLAR, INC. ("Defendant") agree that disclosure and discovery activity in the above-captioned lawsuit are likely to involve production of confidential, proprietary, and/or private information for which special protection from public disclosure and from use for any purpose other than prosecuting this litigation would be warranted. Such information likely will include, among other things, sensitive product information, research and testing information, product design and development materials, engineering materials, supplier and vendor information, manufacturing and shipping information, marketing and sales information, purchase orders, invoices, and customer information relating to infrared furnaces and related equipment for heat treatment of Silicon wafers (collectively, the "Sensitive Information").
Plaintiff and Defendant (collectively, the "parties," or singularly, a "party") respectfully believe that good cause exists to enter the instant Protective Order in order to protect the Sensitive Information from public disclosure. The Sensitive Information includes information and data that could be used by actual or potential competitors, including the other party, to gain an improper and unlawful competitive advantage in the marketplace. For example, the Sensitive Information includes, among other things, confidential information regarding the parties' business strategy, operations and plans, financial and ownership information, proprietary technical information, and employee and customer information.
The parties are competitors in the design, manufacture, and sale of continuous infrared furnaces for treating Silicon wafers converted into solar cells for assembly into solar panels and other materials that can benefit from controlled infrared radiation treatment. Due to the competitive relationship between the parties, it is highly likely that disclosure of the Sensitive Information of one party, especially that party's research, product design, development, financial, sales, and customer information regarding infrared furnaces and related equipment, will provide an improper or unlawful competitive advantage to the other party. This Protective Order is necessary to prevent such harm to each of the parties. The parties have attempted to draft this Protective Order narrowly and in a manner no more restrictive than necessary to protect the Sensitive Information from public disclosure.
IT IS HEREBY STIPULATED and agreed by and between counsel for the parties that the terms and conditions of this Stipulated Protective Order shall be entered as follows:
1. As used in this Protective Order, these terms have the following meanings:
a. "Attorneys" means counsel of record;
b. "Confidential" documents are documents designated pursuant to paragraph 2;
c. "Highly Confidential -- Attorneys Eyes Only" documents are the subset of Confidential documents designated pursuant to paragraph 5;
d. "Documents" are all materials within the scope of Fed. R. Civ.
P. 34; and
e. "Written Assurance" means an executed document in the form attached as Exhibit A.
2. By identifying a document "Confidential," a party may designate any document, including interrogatory responses, other discovery responses, or transcripts, that it in good faith contends to constitute or contain trade secret business and technical information, including but not limited to: business strategy, operations and plans; financial and ownership information; sales, profits, costs, shipping and customer information; vendor and supplier information; intellectual property information; research and technical information about products and processes including blueprints, CAD drawings, schematics, lay outs, manufacturing and assembly plans, operations and drawings; process operations; parts, equipment and services supplier and vendor information; labor, employee and sales representative information, or other confidential information entitled to protection under 26(c)(1)(G) of the Federal Rules of Civil Procedure.
A party may not designate as "Confidential" any document or information that:
a. at the time of the production or disclosure, is publicly available as evidenced by: (1) a citation permitting unrestricted access,
(2) is in the public domain, as evidenced by a written document, drawing or photograph not having a proprietary, confidential or restricted notice, or (3) discloses a product, process, thing, device or part that is now or has been in the past, commercially available;
b. through no wrongful act or fault of the receiving party, is or has become part of the public domain; or
c. the receiving party can show it already lawfully possessed at the time of the production or disclosure without being subjected to any obligation to maintain the confidentiality of the information.
3. All Confidential documents, along with the information contained in the documents, shall be used solely for the purpose of this action and no person receiving such documents, or information contained in such documents shall, directly or indirectly, transfer, disclose, or communicate in any way the contents of the documents or information therein to any person other than those specified in paragraph 4. Prohibited purposes include, but are not limited to, use for competitive purposes, reverse engineering, or the obtaining, prosecution, or enforcement of any intellectual property rights.
4. Access to any Confidential document shall be limited to:
a. the Court and its officers;
b. Attorneys and their office associates, legal assistants, and stenographic and clerical employees;
c. persons shown on the face of the document to have authored or received it;
d. court reporters retained to transcribe testimony; e. officers, directors, principals, representatives and employees of the parties, to the extent reasonably necessary to assist in the litigation;
f. outside independent persons (i.e., persons not currently or formerly employed by, consulting with, or otherwise associated with any party) who are retained by a party or its attorneys to furnish technical or expert services, or to provide assistance as mock jurors or focus group members or the like, and/or to give testimony in this action.
The parties may agree in writing or on the record to permit access to Confidential information to individuals not otherwise granted access by the terms of this Protective Order. The writing or statement on the record must identify the particular individual to whom the Confidential information will be disclosed and specify, by Bates number if possible, the Protected Information to be disclosed, and shall obtain a Written Assurance from each individual prior to disclosing the Confidential Information.
5. A party shall have the right to further designate Confidential documents or portions of documents as "Highly Confidential -- Attorneys Eyes Only" only if, in the reasonable and good faith belief of such party and its counsel, (1) such document, including interrogatory responses, other discovery responses, or transcripts, is properly entitled to protection under Rule 26(c)(1)(G) of the Federal Rules of Civil Procedure, and (2) the information relates to certain financial, pricing, cost, licensing, supplier, representative, distributor, vendor, marketing, business strategy or operations, sales, customer, employment, research, engineering, development, manufacturing, shipping, product, process and/or technical information that is particularly sensitive and/or of immediate competitive significance. Disclosure of such information shall be limited to the persons designated in paragraphs 4(a), (b), (c), (d), and (f), so long as the persons of paragraphs 4(a), (b), (c), (d), and 4(f) do not communicate any Highly Confidential information to persons of paragraph 4(e).
6. Third parties producing documents in the course of this action may also designate documents as "Confidential" or "Highly Confidential -- Attorneys Eyes Only," subject to the same protections and constraints as the parties to the action. A copy of this Protective Order shall be served along with any subpoena served in connection with this action. All documents produced by such third parties shall be treated as "Highly Confidential -- Attorneys Eyes Only" for a period of fifteen (15) days from the date of their production, and during that period any party may designate such documents as "Confidential" or "Highly Confidential -- Attorneys Eyes Only" pursuant to the terms of this Protective Order.
7. Each person appropriately designated pursuant to paragraphs 4(e) and 4(f) (herein "Such Person"), in advance, and as a condition of receiving any Confidential information, shall execute a "Written Assurance" in the form attached as Exhibit A. Opposing counsel shall be notified at least ten (10) business days prior to disclosure to any Such Person and identify as to each the designated documents by Bates number that are sought to be disclosed to each Such Person. Such notice shall provide a reasonable description of Such Person to whom disclosure is sought sufficient to permit objection to be made. If a party objects in writing to such disclosure within ten (10) business days after receipt of notice, no disclosure shall be made until the party seeking disclosure obtains the prior approval of the Court or the objecting party. Notices and objections made pursuant to this paragraph 7 may be made electronically in writing by e-mail or fax, followed by a confirmation copy by U.S. Mail.
8. All depositions or portions of depositions taken in this action that contain trade secret, Sensitive Information, or other confidential information may be designated "Confidential" or "Highly Confidential -- Attorneys Eyes Only" and thereby obtain the protections accorded other "Confidential" or "Highly Confidential -- Attorneys Eyes Only" documents. Confidentiality designations for depositions shall be made either on the record or by written notice to the other party within ten (10) business days after receipt of the transcript. Unless otherwise agreed, the entire transcript of depositions shall be treated as "Highly Confidential -- Attorneys Eyes Only" during the 10-day period following receipt of the transcript. The deposition of any witness (or any portion of such deposition) that encompasses confidential information shall be taken only in the presence of persons who are qualified to have access to such information and permitted to attend such depositions. A party may request that anyone not authorized to receive "Confidential" or "Highly Confidential -- Attorneys Eyes Only" information, or not permitted to attend depositions or court sessions pursuant to the Federal Rules of Evidence, exit the deposition during the discussions of any such information, but the failure of any party to request the removal of anyone not authorized to receive such information or attend shall not constitute a waiver of the right to subsequently designate any or all portions of the deposition as "Confidential" or "Highly Confidential -- Attorneys Eyes Only" in accordance with this paragraph. The term "deposition" as used herein also applies to any notes, extracts, data or information from each deposition made or communicated by attorneys for the parties relating to the deposition.
9. Any party who inadvertently fails to identify documents as "Confidential" or "Highly Confidential -- Attorneys Eyes Only" shall have ten (10) business days from the discovery of its oversight to correct its failure. Such failure shall be corrected by providing written notice of the error and substituted copies of the inadvertently produced documents. Any party receiving such inadvertently unmarked documents shall use its best efforts to retrieve documents distributed to persons not entitled to receive documents with the corrected designation, and to advise the other party of the recipients of the documents prior to retrieval.
10. Any party who inadvertently discloses documents that are privileged or otherwise immune from discovery shall, promptly upon discovery of such inadvertent disclosure, so advise the receiving party and request that the documents be returned. The receiving party shall return such inadvertently produced documents, including all copies, within ten (10) business days of receiving such a written request. The party returning such inadvertently produced documents may thereafter seek appropriate production of any such documents pursuant to applicable law.
11. With respect to Court filing or use at trial or on appeal of Confidential information produced hereunder:
a. If a party files a document containing Confidential information with the Court, it shall do so in compliance with the Electronic Case Filing Procedures for the Central District of California.
b. Before any materials produced in discovery, Answers to Interrogatories, Responses to Requests for Admission, deposition transcripts or other documents which are designated as "Confidential" or "Highly Confidential -- Attorneys Eyes Only," are filed with the Court for any purpose, the party seeking to file the material so designated shall seek permission of the Court by appropriate Motion to file the material under seal, providing notice to any third party whose designation of produced documents as "Confidential" and/or "Highly Confidential -- Attorneys Eyes Only" in the action may be affected. The Court permitting, until permission is granted, the party seeking permission shall file the material provisionally under seal, so marked, unless the producing party agrees otherwise. The parties agree to and will follow and abide by applicable law, including Local Civil Rule 79-5, with respect to filing documents under seal in this Court.
c. Any documents approved by the Court for filing under seal shall be so designated in a cover sheet, captioned "Filed" or "Provisionally Filed" as the case may be followed by "Under Seal Pursuant to Protective Order by Order of Court," and each page shall carry a stamp with the same designation. The Order of Permission to File Under Seal may request or direct the Clerk of Court to maintain such documents under seal, unavailable to anyone but Outside Counsel of record for the parties. Prior to disclosure at trial or a hearing of materials or information designated "Confidential" or "Highly Confidential -- Attorneys Eyes Only," the parties may seek from the Court further protections against public disclosure as the parties may deem necessary.
12. Any party may request a change in the designation of any information designated "Confidential" and/or "Highly Confidential -- Attorneys Eyes Only." Any such document shall be treated as originally designated until the change is completed. If the requested change in designation is not agreed to, the party seeking the change may move the Court for appropriate relief, providing notice to any third party whose designation of produced documents as "Confidential" and/or "Highly Confidential -- Attorneys Eyes Only" in the action may be affected. The party asserting that the material is Confidential shall have the burden of proving that the information in question is within the scope of protection afforded by Fed. R. Civ. P. 26(c).
13. Within sixty (60) days of the termination of this action, including any appeals, each party shall, at the election of the producing party, either destroy or return to the producing party all documents designated by the producing party as "Confidential" and/or "Highly Confidential -- Attorneys Eyes Only," and all copies of such documents, and shall destroy all extracts and/or data taken from such documents. Each party shall provide a certification as to such return or destruction as having been completed within the 60-day period. Attorneys shall be entitled to retain under seal appropriately designated in the caption as "Retained Under Seal Pursuant to Protective Order" a set of all Confidential documents filed with the Court and all notes, communication and correspondence related thereto that were generated by them in connection with the action. Such retained documents may be unsealed only by appropriate order of Court, or by permission in writing of the producing party.
14. Any party may apply to the Court for a modification of this Protective Order, and nothing in this Protective Order shall be construed to prevent a party from seeking such further provisions enhancing or limiting confidentiality as may be appropriate.
15. No action taken in accordance with this Protective Order shall be construed as a waiver of any claim or defense in the action or of any position as to discoverability or admissibility of evidence.
16. The obligations imposed by this Protective Order shall survive the termination of this action. Within sixty (60) days following the expiration of the last period for appeal from any order issued in connection with this action, the parties may remove any materials designated "Confidential" and/or "Highly Confidential -- Attorneys Eyes Only" from the office of the Clerk of Court.
Following that 60-day period, the Clerk of Court shall destroy all "Confidential" and/or "Highly Confidential -- Attorneys Eyes Only" materials.
17. This Order may be modified by agreement of the parties, subject to approval by the Court.
Case No. 2:11-CV-2357 R (FMO)
WRITTEN ASSURANCE REGARDING PROTECTIVER ORDER Plaintiff, v. TP SOLAR, INC., Defendant.
Hon. Manuel L. Real
_____________________ declares that:
1. I reside at ________________________________________ in the city of __________________________, county _______________________, state of ________________________.
2. I am currently employed by ____________________________ located at _____________________________________ and my current job title is __________________________.
3. I have read and believe I understand the terms of the Protective Order dated ___________, filed in Civil Action No. 2:11-CV-2357 R (FMO), pending in the United States District Court for the Central District of California. I agree to comply with and be bound by the provisions of the Protective Order. I understand that any violation of the Protective Order may subject me to sanctions by the Court.
4. I shall not divulge any documents, or copies of documents, designated "Confidential" or "Highly Confidential -- Attorneys Eyes Only" obtained pursuant to such Protective Order, or the contents of such documents, to any person other than those specifically authorized by the Protective Order. I shall not copy or use such documents except for the purposes of this action and pursuant to the terms of the Protective Order.
5. As soon as practical, but no later than thirty (30) days after final termination of this action, I shall return to the attorney from whom I have received them any documents in my possession designated "Confidential" or "Highly Confidential -- Attorneys Eyes Only," and all copies, excerpts, summaries, notes, digests, abstracts, and indices relating to such documents.
6. I submit myself to the jurisdiction of the United States District Court for the Central District of California for the purpose of enforcing or otherwise providing relief relating to the Protective Order, but not for the purpose of conferring jurisdiction over the party engaging me, or for whom I am employed, in any jurisdiction other than the Central District of California.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on _______________ ________________________________
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Recruiters report intense competition for trainee places as would-be students are deterred by cost
Sweeping cuts to the Department for Environment, Food and Rural Affairs' budget challenge coalition's green credentials
Key nature reserves could be run by big business
Conservationists split over private sector takeover
First a publishing sensation, now a Hollywood film, Elizabeth Gilbert's spiritual journey has plenty of followers. But does enlightenment come at a price?
Julie Bindel: Portia de Rossi wants to take her partner Ellen DeGeneres's surname. But should gay marriages be established on new, more equal, terms?
Owen Hatherley: Don't blame the recession – to find work in filing or pest control all the jobless need is vision. Or so the motivational guru told me
Editorial: It is a sad truth that the humane instinct of compassion has to be discussed in the rough language of marketing
Germany reports 2.2% growth in second quarter, helping the eurozone to outpace the US
Harry Tincknell, son of firm's former executive chairman, benefited from series of sponsorship deals
Royal Opera House, London
This Bolshoi production is the most compelling version of Tchaikovsky's masterpiece to be seen here since Graham Vick's Glyndebourne show more than a decade and a half ago, writes Andrew Clements
Nashville's Lady Antebellum offered a straightforward package of tight harmonies and grade-A playing but they haven't got the monster tunes, writes Caroline Sullivan


text:
HOTEL INFO stars
Hotel Mediolanum
7.2 / 10
This is what awaits you:
Free WI-FI
Hotel's own parking spaces
Reception open day and night
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Please repeat your entry.
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Hotel description Hotel Mediolanum
Our entire crew would like to happily welcome you to the Hotel Mediolanum. When you stay at a hotel that is a part of the Worldhotels family you can be certain that all of your needs will fulfilled.
The homey hotel is easy to reach on foot from the station, just0,51 km.
Visitors are welcome to hire a car directly from our reception and can use hotel parking during their stay. Located at our hotel are car parking spots for the benefit of our guests. A special car lot for bicycles and motorcycles is available.
Our hotel provides daily newspapers, free of charge, for its guests.
We have an Internet terminal at the hotel which you can use free of charge. In addition, there is free Wi-Fi in public areas.
Make yourself at home
Our visitors are welcome to leave articles of value at our safe at the reception. To reach your fetchingly furnished room on one of the upper floors we recommend you to use the lift. In the beautiful lobby area of the hotel you will be welcomed by our friendly staff. During your stay, you can spend some relaxing hours with a good book in the reading room.
Meet your family or friends at the bar or at the hotel's café - bistro. The chef there also caters for our vegetarian visitors.
Where you will stay
In each and every room we offer hand-held blow-dryer as well as other great highlights such as a landline, a minibar, an air conditioner and cable. When visiting us, our guests are supplied with a work desk, a safe, a hand-held blow-dryer as well as a radio receiver that can be located in all of our hotel rooms. Satellite TVs are available in every hotel room. Pay TV is provided in every room. Our guests like the fact that international newspaper await them in their room.
Bathrooms in this hotel come with windows. Bathrooms feature a shower, a bathtub and a hairdryer.
Soundproof windows are a feature in all rooms at our hotel.
We feature a well-equipped fitness room for the hotel guests.
Further information on the hotel
We give to all our guests a careful attention and offer them detailed helpful service as: a very rich buffet breakfast akways included and served every morning in our bright breakfast room, free 24 hrs wi-fi or w-lan internet connection in the whole hotel area, room service, pay tv and free access to our offsite fitness room located by sister Hotel Sanpi MIlano, only 300 meters far from our building.
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Via Mauro Macchi 1, 20124 Milano, Italy
Distances (km)
|Metro / suburban train
|Highway (A1)
|Congress center (LE STELLINE)
|Tennis court
|Tennis court
|Golf course (TULCINASCO)
|City district (Mailand)
|Station (Milano - Centrale Railway Station)
|Station (Stazione Garibaldi)
|Station (Stazione Cadorna)
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|Airport (Linate Airport (LIN))
|Airport (Malpensa International Airport (MXP))
|Airport (Bergamo / Orio Al Serio Airport (BGY))
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Starting point:The Hotel is only 200 mt far from central station (Air Terminal) stop of the subway line (Green Line M2). At 800 mt you can find Porta Venezia (Red Line M1) and Repubblica (Yellow Line M3):... more
The Hotel is only 200 mt far from central station (Air Terminal) stop of the subway line (Green Line M2). At 800 mt you can find Porta Venezia (Red Line M1) and Repubblica (Yellow Line M3): from both the railway link stops. TORINO-VARESE-MALPENSA-SVIZZERA: Follow directions to Milan.Cross the tollbooth,then to Milano Center until the direction Fieramilanocity.Turn in Viale Teodorico then in P.ta Garibaldi.You find Ferrari-Strurzo-Liberazione-Piazza Repubblica.Then on the left go in Via Vittor Pisani then on the right in Via Cappellini.At the end you find the Mediolanum.For more info visit the official website.
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Complimentary daily newspaper
Free internet terminal
Free WI-FI
Hotel features
- Single rooms: 7
- Double rooms: 42
- Suites: 1
- Junior suites: 1
- Twin rooms: 21
- Triple rooms: 10
- Quadruple rooms: 1
- Designated parking place for the disabled
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Room features
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Accepted credit card payments
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Hotel location
|2.3 km/1.4 mi
|6.96 km/4.3 mi
|6 km/3.7 mi
|0.51 km/0.3 mi


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decided: July 13, 1987.
BILLY MERRITT, PLAINTIFF-APPELLANT,v.GORDON H. FAULKNER, ET AL., DEFENDANTS-APPELLEES
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. No. 80 C 207-William C. Lee, Judge.
Per Curiam. This appeal involves a challenge to the validity of a settlement of an action brought pursuant to 42 U.S.C. § 1983 (1982). The district court found that the settlement agreement was valid and enforceable and that neither party had breached the agreement. We affirm.
The plaintiff, Billy Merritt, brought a section 1983 suit alleging that certain prison officials acted with deliberate indifference to his serious medical problems while he was an inmate at Indiana State Prison. Merritt initially brought this suit pro se, but this court on an earlier appeal held that Merritt had the right to a court-appointed lawyer. Merritt v. Faulkner, 697 F.2d 761 (7th Cir. 1983). Because the facts are set forth in that first appeal, we will repeat them here only to the extent necessary to evaluate the enforceability of the settlement agreement.
In July 1978, Merritt injured his left eye and complained of blurred vision to the officials of the Indiana State Prison where Merritt was an inmate. Several prison physicians examined Merritt, including the prison opthalmologist who discovered a vitreous hemorrhage in Merritt's left eye. Approximately one month later, Merritt was diagnosed as having sickle cell disease, which the prison opthalmologist believed was related to Merritt's eye condition. Approximately six months after the injury, Merritt was sent to an Indianapolis hospital for treatment of his left eye. The surgeons at the hospital performed a vitrectomy (an operation to remove fluid from the eye) on the right eye, even though there were apparently no medical problems with that eye. Merritt alleges that subsequently the vision in his right eye deteriorated and he became functionally blind in both eyes.
The district court held a status conference on August 20, 1985 which was attended by Merritt, has counsel Ernest Beal, and counsel for the state defendants. At that conference the parties informed the court that they had reached an agreement whereby the case could be settled. Beal described the agreement to the court as follows:
Working under permission given to me by the client-my client, Mr. Merritt, the State and I have made some agreements which, I believe, are acceptable to my client which he believe will resolve the case.
One of the things that the State has agreed to do-and which I believe to be a very important part of the care and treatment for Mr. Merritt-is to make arrangements for the development of a treatment plan to deal with the current state of his visual condition and to deal with the future course of care.
We have talked among ourselves that the arrangements for the timetable for developing such a treatment plan ought to be something like 45 days from this date. We have talked about who should provide the direction for the development of that treatment plan, and the State has agreed to allow the University of Illinois Eye and Ear Infirmary, which performed the evaluation, to be the equity which develops the treatment plan; and it's my understanding that the arrangements will be made for them to do so.
The development of that treatment plan may or may not involve another visit by Mr. Merritt to their facilities. If it does, it's my understanding that we, the State and the plaintiff will allow this case to remain open, allow the Court to retain jurisdiction such that an application for habeas corpus relief may be granted, essentially at the parties' consent so that Mr. Merritt may be transferred by the marshals to that facility.
I understand that if there's a cost or expense associated wit the care and treatment associated with the treatment plan, that that will be borne by the State.
It is understood that the treatment that will be required will be at the plaintiff's option, obviously. He has the right to refuse if he chooses. If he elects to have treatment provided, it is understood that it will be provided by the medical providers contracted by, supplied by the Department of Corrections.
We have asked that the treatment plan include two ingredients at a minimum. One is a provision for annual visual examinations, and the other is a provision that such emergency care as is necessary will be provided when it's necessary.
The State has indicated that both of those conditions are reasonable and acceptable.
As an additional element of the resolution, we have agreed not to pursue and, indeed, to waive any claim for attorney's fees or costs associated with the representation of the plaintiff. Obviously, the State has accepted that offer.
And I think that represents the agreement of the parties.
Merritt v. Faulkner, No. S-80-207, at 3-5 (N.D. Ind. Aug. 21, 1985)(transcript of status conference).
After confirming with counsel for the defendants that Beal's description of the agreement was accurate, the district court judge made certain that Merritt understood and agreed with the terms under which the case was being settled:
THE COURT: All right. Mr. Merritt?
THE PLAINTIFF: Yes, your Honor.
THE COURT: You may remain seated.
I take it that you understand and heard all of Mr. Beal's remarks to me about the agreement that's generally been concluded between yourself and the State?
THE PLAINTIFF: Yes, sir, your Honor.
THE COURT: And do you understand that essentially the case is going to be settled, as I understand it, in consideration for the state providing you the opportunity to go to the Illinois facility and develop a treatment plan and then for the State to provide the medical services to you under that treatment plan?
THE COURT: And is that agreeable with you?
THE PLAINTIFF: Yes, sir, your Honor.
THE COURT: All right. Do you have any questions you want to ask me or Mr. Beal here in open court about the settlement?
THE PLAINTIFF: No, sir, Your Honor.
Id. at 5-6.
Pursuant to this agreement, Merritt was examined on January 8, 1986 by Dr. Howard C. Charles at the University of Illinois Sickle Cell Eye Clinic (the "Eye Clinic"). In his report based on that examination, Dr. Charles briefly reviewed the history of Merritt's vision condition. Although Merritt unquestionably suffers from some visual impairment, the precise extent of that impairment is unclear. During an examination performed at the Indiana School of Medicine on September 12, 1980, Merritt was found to have no light perception in both eyes; the diagnosis is that report was blindness of an undetermined etiology. Merritt first visited the University of Illinois Sickle Cell Eye Clinic on July 25, 1984, at which time he was examined by Dr. Ralph Paylor. Dr. Paylor found that Merritt had sickle cell disease, cataracts and a great deal of old vitreous hemorrhage in his left eye, and marked iris atrophy in both eyes. In addition, he found that Merritt had some light perception in both eyes. Dr. Paylor concluded that his examination revealed no "obvious reason for [Merritt's] level of visual dysfunction," but noted that the "lack of findings in the eyes itself do [sic] not preclude the possibility that the patient could be suffering from some disorder posterior to the eye that we are unable to see."
During the January 8, 1986 examination held pursuant to the settlement agreement, Dr. Charles found that Merritt's condition was unchanged from the time of the July 1984 visit. He stated, "we still believe that based on the patient's ocular examination, the visual acuity should be much better than light perception with projection."*fn1 In a letter dated February 18, 1986, Dr. Charles summarized his findings based on Merritt's two examinations at the Eye Clinic, Dr. Charles concluded that Merritt's loss of vision is incurable and likely to be permanent, and he recommended annual eye examinations to prevent further vision loss:
We believe that [Merritt's] vision loss is referable to choroidal and retinal ischemia based on sickle cell retinopathy. There is not cure for this condition. Laser and surgical intervention is inappropriate. Because the changes involve the neutral component of Mr. Merritt's retina, we suspect that any changes present are permanent.
We suggest annual ophthalmologic exams to prevent further loss of vision from some of the other stigmata of sickle cell retinopathy (i.e. retinal neovascularization). Given the extent of Mr. Merritt's visual loss we doubt that a referral to a low vision specialist for telescopic or magnified glasses would help.
Merritt raises a number of related objections to the enforcement of the settlement agreement, including absence of a "meeting of the minds," indefinite contract terms, unilateral mistake and lack of consideration. Merritt argues that the settlement reached at the status conference was only a preliminary agreement, the terms of which are too indefinite to be enforceable. Merritt also claims that he believed that the "treatment" promised in the agreement "was more than a mere visit to a clinic for a determination that his condition was noncurable." Appellant's Brief at 21. He argues that "on the bottom line, [he] received essentially nothing for dismissing his case." Id. at 22.
We agree with the district court's determination (to which we show considerable deference) that the agreement reached was a final settlement agreement containing the following elements:
1. That Merritt would be sent to the University of Illinois Sickle Cell Eye Clinic in Chicago, Illinois, for an examination and the development of a treatment plan to deal with Merritt's vision condition;
2. That the Indiana Department of Corrections would arrange for the examination in Chicago, and that the costs of the examination would be borne by the Department of Corrections;
3. That any treatment plan recommended by the Eye Clinic would be provided by the Department of Corrections through physicians chosen by the Department, and all costs of such treatment would be borne by the state;
4. That Merritt could refuse such treatment if he chose to;
5. That the Department of Corrections would provide Merritt with an annual examination and any emergency treatment as would as necessary;
6. Beal would waive all costs and fees incurred in the action; and
7. That Merritt would dismiss the action with prejudice.
Merritt v. Faulkner, No. S-80-207, at 2 (N.D. Ind. Aug. 13, 1986) (order). These settlement terms are sufficiently definite to be enforceable. And Merritt did gain something valuable from the settlement. He was guaranteed, among other things, an eye examination and the development of a treatment plan by the University of Illinois Sickle Cell Eye Clinic, a clinic that Merritt's attorney described as "the foremost facility in this country."
Merritt very likely did expect that the treatment plan he would be provided pursuant to the agreement would be more extensive than a single visit to the Eye Clinic and subsequent annual eye examinations. That initial visit, however, revealed that his blindness was incurable and no further treatment was available. The settlement agreement did not guarantee that Merritt's blindness would be cured, and Merritt could not have reasonably believed that it made that promise.
Now that his blindness has been diagnosed as incurable, Merritt may well regret having agreed to settle his suit as he did. Nonetheless, Merritt is bound by the terms of the settlement agreement. We therefore affirm the district court's dismissal with prejudice of this case.
CUDAHY, Circuit Judge, Concurring:
Much could be said in response to Judge Posner's commentary on the blindness of judges, the iniquity of prisoners and the triviality of their concerns. Since the financial net worth of most prisoners is zero and their economic value while incarcerated perhaps less than zero, it is not surprising that efforts to take them seriously as human beings are sometimes scorned. They are not all Jean Valjean*fn1 but they are people.
I do not believe that Judge Swygert and I need apologize for the appointment of counsel for Merritt. See Merritt v. Faulkner, 697 F.2d 761 (7th Cir. 1983). Counsel appears to have performed a real service in having Merritt referred to the leading sickle cell eye clinic in the Midwest to diagnose and prescribe for him. Whether Merritt is satisfied is not the point; those of us who have some responsibility in the matter can be assured that his eyesight is in good hands. I remain skeptical that the market could have assured an equivalent result. Somehow I doubt that we will find lawyers knocking on jail cell doors for business-even with the promise of a contingent fee. In any event, generalizations, drawn from Merritt's experience, about all prisoner civil rights litigation or about the efficiency of the prison litigation market are unwarranted. There is anecdotal "evidence" on all sides of the problem, see, e.g., Wilson v. Lambert, 789 F.2d 656 (8th Cir. 1986) (prisoner with court-appointed counsel prevailed on section 1983 claim and was awarded compensatory damages).
Nor am I as concerned as Judge Posner about the time we have "wasted" on Merritt. His problems seem to me to carry as much weight on the social scales as much weight on the social scales as the concerns, for example of corporations caught in an unending and apparently sterile cycle of takeover, merger and break-up. The Merritts of this world are pikers indeed in their demands on the legal system in comparison with the corporate adventurers. Nor is lying a vice unique to prisons. Current reports suggest that Wall Street and the nation's capital also may have some experience with it.
Above all Judge Posner seems to want to prove Merritt a charlatan-hoodwinking a few credulous judges with ease. The hard evidence is difficult to interpret and even appellate judges, who usually claim to know a lot, are beyond their depth in medical diagnosis. In this case, the brief of the state defendants furnishes all sorts of dubious ammunition in the cause of discrediting Merritt. As Judge Posner's opinion notes, the reports from the University of Illinois Sickle Cell Eye Clinic-one dated January 22, 1986 and the other dated February 18, 1986-give startlingly different impressions of the severity of Merritt's loss of sight. The first letter suggests only moderate damage and the second severe impairment incurable by laser or surgical intervention and uncorrectable by any sort of lenses. It is undisputed, of course, that Merritt had cataracts and suffered from sickle cell S-C disease. Whether his vision is improving, getting worse or merely maintaining itself at some diminished level is certainly not clear; these opinions are becoming a sort of judicial Grand Rounds.*fn2
In any event, Merritt, now armed with adequate legal representation, has received a settlement which seems to meet his legitimate problems. The absence of a dramatic victory on the merits here should not deter us from appointing counsel where the facts are complex and the issues exclusive, as they were here. As I have suggested before, contingent fees will not likely break down the formidable barriers to entry that surround the prison litigation "market." Merritt, 697 F.2d at 768.
POSNER, Circuit Judge, concurring. Karl Marx said that every great event or personality appears twice in history: first as tragedy and then as farce. This case, a prisoner's civil rights case, illustrates his adage, provided we do insist on the greatness of the event. When the case was first here, four years ago, the judges on the panel (Judge Cudahy and I, and Senior Judge Swygert) engaged in a serious debate over whether the district judge should have appointed counsel to represent a blind prisoner who claimed that his blindness was due to the prison's deliberate indifference to his medical needs and hence that the prison officials had subjected him to cruel and unusual punishment. See 697 F.2d 761 (7th Cir. 1983). I argued that if Merritt really had a meritorious case, it was a money case, and he could have inducement provided by the Civil Rights Attorney's Fees Awards Act, 42 U.S.C. § 1988) to handle it; his failure to do so suggested to me that he did not have a meritorious case. See 697 F.2d at 769-71 (separate opinion). The contingent-fee contract is the usual method of financing personal-injury damage suits in this country, and, when a prisoner plaintiff was good prospects for a substantial damage award, is as usable in a prisoner's constitutional-tort case as in any other tort case.
The majority rejected my analysis and ordered that Merritt be given counsel to represent him in a new trial, predicting that "when properly presented the evidence in this case will consist of quite complex and probably contradictory evidence from medical experts, the plaintiff, and the defendants. Testing their opinions and their credibility will require the skills of a trained advocate to aid the fact-finder in the job of sifting and weighing the evidence." Id. at 765. Judge Cudahy wrote a concurring opinion in reply to my (partial) dissent. He emphasized that "we are dealing here with a blind man." Id. at 768. He suggested that "the laws of economics take a different turn when prison wall intervene." Id.
From the start there was something fishy about this case. Merritt had stuck his thumb in his eye, and was complaining that the prison had neglected the injury and that as a result he had become blind. Yet the prison-it was uncontested-had had him examined by an opthalmologist, another physician, and an optometrist, all within two days of the accident, and later had taken him to the best medical center (that of Indiana University) in Indiana. While Merritt claimed that the doctors there had operated on the wrong eye, he did not name any of the doctors as defendants and it is hard to see how their negligence (if such there was) would translate into a violation of the Eighth Amendment. We have been at pains to stress the difference between negligence, which is not actionable under the Eighth Amendment, and the kind of reckless indifference to medical need that can violate the amendment. See, e.g., Duckworth v. Franzen, 780 F.2d 645, 652-53 (7th Cir. 1985).
But however this may be, and whatever the merits of Judge Cudahy's speculations about the domain of economics, the only fruit of the majority's decision to order the appointment of counsel for Merritt in the district court has been to establish that Merritt's suit is frivolous. Not only have his vision problems nothing to do with the Eighth Amendment; he may have been faking his blindness. The "settlement" that his appointed counsel (an experienced trial lawyer) negotiated on his behalf and that this court upholds today is a face-saving give-up. There is no award of damages, of other compensation, or of attorney's fees; no injunction; no relief of any sort except that the dismissal is conditioned on the prison's agreeing to pay for an annual eye check-up for Merritt at a designated clinic plus treatment at the state's expense if indicated by the check-up. Since Merritt's eye troubles are caused by sickle cell anemia, and there is no treatment for the underlying condition and little if any for its symptoms, Merritt may never receive any treatment. But if he does, it will be no less than he would be entitled to receive without the stipulation; for a prison is not allowed to neglect a prisoner's serious medical condition of which it knows. (We were told at argument that Merritt's parole is imminent, but it is unclear what effect that will have on the defendants' agreement with him.)
Furthermore, the agreement is not embodied in a consent decree. There is merely a stipulation of dismissal, so that if the defendants violate the agreement Merritt will have no remedy by way of contempt, and probably no remedy at all except to reinstate this worthless suit. See McCall-Bey v. Franzen, 777 F.2d 1178, 1183-84 (7th Cir.1985). Merritt told the district judge that he would be happy to settle for an early release from prison ("All be happy to settle for an early release from prison ("All I want the state to do is grant me a medical release, and I can take it from there. No damages, they don't have to give me anything"). He didn't get that either. He has gotten nothing out of this suits, except to waste many people's time.
Throughout this litigation Merritt has claimed to have only light perception in his right eye, and not even that in his left. On July 25, 1984, after we had remanded the case, the doctors at the University of Illinois Sickle Cell Eye Clinic in Chicago-the clinic later specified in the settlement agreement-examined Merritt's eyes. When he said he couldn't perceive light within his left eye, the doctors decided to test his statement by shining a bright light in that eye. He winced, and admitted he had light perception in the eye as well as in the right eye. The doctors thought he could see more than light-thought in fact that he should have 20/100 vision in his right eye and 20/50 in his left (he had a cataract in his left eye-otherwise the vision in that eye might have been normal), unless he was "suffering from disorder posterior to the eye that we are unable to see." A patient with 20/50 and 20/100 vision has keener eyesight than most federal judges.
The doctors Merritt to another specialist to find out whether there was indeed some "disorder posterior to the eye" that might account for Merritt's claimed inability to see. This specialist, Dr. Fishman, examined Merritt on August 13, 1984, found no such disorder, and reported:
The patient claims to have lost all vision essentially since 1980. . . .Of great interest, the patient was able to identify the symbols on the American Optical HRR Plates. . . . The findings. . .would strongly suggest that the patient's vision potential is considerably better than we are obtaining on standard acuity tests. Although the exact level cannot be quantified with great certainty, the probability exists that vision in the left eye is either within normal limits or is only minimally reduced. Regardless, with his ability to discriminate colors and have [sic] excellent stereo acuity, the patient's vision cannot be hand motion or light perception. The level must be appreciably better.
The clinic next examined Merritt on January 22, 1986, and found no change in his condition. A letter that Merritt sent the district judge, dated October 28, 1985, and a motion that he filed with the court on June 18, 1986, both contain flawless signatures-right on the dotted line, not what you would expect from a blind man.
Merritt does have eye disease, though, and possibly it impairs his vision more than the three reports on which I have drawn, and the signatures, indicate. For on February 18, 1986, the doctor who had signed the report of the January 22 examination, after stating that Merritt's condition was due to sickle cell anemia, added: "Given the extent of Mr. Merritt's visual loss, we doubt that a referral to a low vision specialist for telescopic or magnified glass would help." This doctor, however, had not seen the report by Dr. Fishman.
What is not in doubt that Merritt has greatly exaggerated his loss of vision and that such loss as he does have, the extent of which remains unclear, is due to sickle cell anemia, an incurable condition, rather than to the prison's neglect of (let alone deliberate indifference to) the thumb-in-the-eye incident; and anyway there is no evidence of such neglect. The case is frivolous, because of Merritt's total failure to prove either liability or causation; so be can hardly complain that the settlement provides him with only insignificant relief-annual eye examinations for a condition that is not treatable.
Prisoners, however heinous their crimes, are human beings, and have constitutional rights, when prison officials sometimes violate. But experience has shown that frivolous cases are the norm in prisoner civil rights litigation. Inmates have much time on their hands (especially long termers like Merritt, a first-degree murderer), and bountiful access to law libraries and the federal courts. Last year they brought 20,842 civil rights suits in federal district courts. 1986 Ann. Rept. of Director, Admin. Off. of U.S. Courts 176 (tab. C2). Inmates love turning the tables on the prison's staff by hauling it into court. They like the occasional vacation from prison to testify in court. They enjoy being able to portray themselves as victims rather than predators. They delight in transmuting remorse for their criminal behavior into righteous indignation against their keepers. Their antics are not a free good, however; they was the time of prison officials, federal judges, and, in this case, appointed counsel, who labored diligently in a barren vineyard. In Merritt's first trial he was represented by two "lay advocates" (jailhouse lawyers) rather than a real lawyer, and managed to conceal the fakery in his claim of blindness, though he still lost the case. When a lawyer was appointed for him, the jig was up and a nominal settlement was the best that Merritt could hope for. He is not well named; the case has not merited two appeals to this court.
We should cast a colder eye on these cases. To speak with some understatement, prison inmates often lie. This is partly because criminals are less scrupulous than law-abiding people (the premise of Fed. R. Evid. 609(a), which allows the use of prior convictions to impeach a witness's credibility), and partly because there are no effective sanctions for prisoners who bring frivolous suits or give untruthful testimony. We should not have been taken in so readily by the affecting tale of a blind prisoner who, by being forced to proceed to trial without a lawyer, was thwarted in his effort to bring book the callous prison officials whose indifference to his medical needs caused him to go blind. If the tale was true, he could despite his poverty, have hired a lawyer in the private market. His failure to do so, we now know, is evidence not that prison walls keep out the law of economics but that Merritt's affecting tale was a fantasy.
There is a danger, well illustrated by this case, of misusing the power to appointed counsel, by deflecting lawyers from more to less meritorious cases. See Darden v. Illinois Bell Tel. Co., 797 F.2d 497, 504-05 (7th Cir. 1986) (concurring opinion). The time that the lawyer appointed for Merritt spent on this case was time that this experienced trial lawyer could have spent on cases with greater promise. The supply of high-quality legal services is not unlimited; some potential plaintiff, somewhere, was denied counsel of his choice so that Merritt could harass the Indiana prison system. We judges should be more sensitive than we sometimes are to the invisible costs of our rulings, by which I mean the costs that the rulings impose on persons who are not parties to the immediate litigation. It is no answer that the average prisoner's rights case is not a "big" case; we must multiply by 20,842 to get the aggregate burden of prisoner civil rights litigation on the federal court system. Mindful that attorneys' time is not a free good that we can shift about as we please without harming other people who need legal services, we should let the market direct the allocation of those services in cases where there is an effective market in them; and does anyone doubt that there is vigorous competition among lawyers to represent on a contingent-fee basis tort plaintiffs with meritorious claims for substantial damages? Above all we should not be blinded by the sentimental appeal of the litigant to the repercussions of our decisions for the unrepresented community at large. Only if we take this lesson to heart will the mistake that this court made in ordering the appointment of counsel for Merritt be redeemed.
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The kitchen has all new appliances and has an open view through the condo that lets you enjoy the view of the ocean as you prepare meals.
South Seas Club is a 55 acre gated community with tropical landscaping and is located on the north end of Marco Island's Crescent Beach and at the south end of Tigertail Beach. Walk South for parasailing, jet skiing, shops, restaurants, Resorts etc. Walk north to Tiger Tail Beach, a thirty-one acre nature preserve and shorebird nesting area. There you will find a snack bar, a picnic area with grills, a playground, and a concession stand that rents inner tubes, canoes, kayaks, paddle boats, windsurfers, and electric-powered boats, which can be used to explore a tropical lagoon. Be sure to bring a beach bag to keep all the sand dollars and shells you collect on your way.
You can also watch the dolphins swim by or take in the most amazing sunsets and incredible views from the 4th floor balcony while enjoying the warm breezes. Also included is free Wifi, covered parking, clean and well kept laundry facilities right around the corner from our unit. South Seas also has a fitness center on the main floor and on site boat docks.
Marco Island is a small, family-oriented community that boasts 335 days of sunshine every year. The atmosphere on Marco Island is very quiet, casual, warm and friendly. Anytime is a great time to enjoy the warm, blue waters and white sandy beaches of Crescent Beach or Tigertail Beach. Explore all that Marco Island has to offer: Boating, Fishing, Shelling, Snorkeling, Golfing, Shopping, Dining, and more! There are also sunset dinner cruises for romantic getaways or day trips to Key West. A short drive and you can enjoy water parks and wildlife excursions for the whole family. With so much to do, we're sure that Marco Island would be the perfect place for your next vacation.
There are over 40 golf courses in Marco Island area. Naples is 20 miles away and offers more shopping, dining and exploring. The Everglades are also close by and offer many opportunities to explore the area.
We discovered Marco Island by accident in 2012 while trying to find a quick getaway in the winter. Once we arrived, we never wanted to leave. Two months later, we brought our three children here to enjoy the beach and relax on Spring Break. We collected shells, walked the beach, watched the sunset and relaxed. We returned again in October and while picking up a real estate advertisement, we met an agent who then took us on a tour of the island. We returned again in January to 'just look' and before our four-day weekend was over, we had put in a purchase agreement for this condo.
We love Marco Island and our plan is to someday retire here and have the kids and hopefully their kids come and visit.
We hope you enjoy your stay in Marco as much as we do every time we come here.
Nicolette Fazio purchased this condo in 2013
We picked this condo over all the others because of the view and its location on the beach. We love listening to the waves, being able to get up each morning and go running or walking on the beach and watching the sunset each night.
The condo was very nice and had everything we needed! The laundry room is conveniently located right around the corner as well. The building is very quiet and the beach was not busy at all. Nicolette was a huge help prior to our arrival by answering all the questions that I had and made recommendations about restaurants and activities. We loved having the cart they provide to take to the beach! This was our first time to Marco Island and we will definitely be back!
We found the neighborhood very welcoming. The grounds around the condo are well maintained. Nicole gave us good information and updates before
we went on our trip. The condo was clean and accommodating. Relaxing pool environment during our stay. We also utilized the beach wagon to help carry
all our beach stuff down to the beach. Snook's Restaurant had great seafood and Joey's had good Italian food. We would recommend this property to our friends and relatives.
Before arriving at the property Nicolette was helpful and great with any questions and getting back to me! The place was clean, safe and perfect for our vacation. They had everything you would need. Beach things for kids, umbrella, chairs and wagon to bring everything to the beach! Location was perfect -going out to dinners and staying on the balcony for breakfast and lunch it had great views! Thanks for a great place!
The owners, Ed & Nicole, are super nice & very easy to work with. They made themselves readily available if we were to have any issues. We stayed at their unit over spring break this year and it was just as pictured. The weather was perfect every day! We loved the balcony with the views of the ocean & beach, which by the way, is a little hike to get to. The beach in front of the building is extremely wide, so be prepared to walk a bit in order to get to the ocean. The unit had a wagon, chairs, cooler, umbrella, towels, etc...which was great! Beautiful sunsets and lots of shells! The unit itself could have been a little more updated. The twin bed mattress in the second bedroom was awful. We didn't use it at all, we used the couch instead. The décor in that room was not inviting either. Very drab. No pictures, no window treatments or dressers. Just a stainless steel type utility shelf. The master bedroom was nice, the bed was comfortable and the décor much more pleasant. The bathrooms were fine but could use a little TLC. The fact that the fan came on with the light got to be annoying and the fans weren't quiet either. This was the case in both bathrooms. There were plenty of towels. The kitchen was well equipped with everything we would need. We did have a problem with the disposal not working, which in turn backed up into the dishwasher. We called and spoke with Ed and I think it took like 5 days for a guy to come look at it. We couldn't use it pretty much our whole stay. Overall the unit was okay but would be nice if it were a little more 'homey' and cozy. The washer & dryer was right around the corner, so that was good, but it was a challenge at times to get to use it. There are two washers & two dryers and not having this amenity in the unit was kind of an inconvenience. We did have a wonderful vacation though. Marco Island is probably more geared towards older people or families with young children. There's just not much to do and not a lot of activity after dark. I had two teenagers with me and we would probably pick a different destination next time. We actually left and spent two days in Key West and that was the highlight of our trip! My mother, on the other hand, really liked the area and she said she would return. Thank you Ed & Nicole!
We had stayed at one of the South Seas Towers in 2006 and the experiences of this stay were similar to that stay (i.e. good). The condo unit was what we expected size wise, cleanliness, and amenities. Likewise for general property area (first class). Owners were very cooperative. Would recommend to others.
Jim Sabula (Ohio)
This unit as amazing for our needs. The initial check-in process was a little cumbersome but after that, everything was perfect. The beach equipment was wonderful when flying. The owner was great to deal with and I can't wait to return.
Marco Island is a very quaint, quiet island. There are miles of white sandy beaches that are great for walking and shelling. Walking down the beach you can rent jet skis to enjoy the water. There are also dolphin tours and boat rides. You can go boating, fishing, shopping, dining all on the island. A short drive to Naples and you have more opportunities to shop, eat and explore.
|Rental Period
|Minimum Price
|Additional Nights
|Weekend Night
|Monthly *
|Event Price
Low Season
24 Apr 2016 - 16 Dec 2016
7 night minimum stay
for 7 nights
Winter 2017
17 Dec 2016 - 22 Apr 2017
7 night minimum stay
for 7 nights
My Standard Rate
7 night minimum stay
for 7 nights
|Refundable Damage Deposit
|Cleaning Fee
|£91 + Tax
|Tax Rate
Rates are subject to change until contract is signed.
Rentals are usually Saturday to Saturday.
One week minimum rentals for South Seas Northwest.
$250 refundable deposit required to reserve desired dates.
50% of Lease cost due at booking along with $250 deposit
Remaining 50% of lease cost due 60 days before arrival date.
$115 cleaning fee + 10% FL tax added to price of lease
$25 parking fee to be paid when you arrive for your stay.
* Approximate monthly price. Actual pricing will depend on the days of the month you stay.


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Award Winning Certified Family Law Specialist handling Divorce and Family Law MattersAward Winning Certified Family Law Specialist handling Child Custody and DivorceAward Winning Certified Family Law Specialist handling Family Law and Divorce MattersAward Winning Certified Family Law Specialist ready to fight for your rights!Award Winning Certified Family Law Specialist handling Child Support and DivorceAward Winning Certified Family Law Specialist handling Uncontested Divorce.
Posted by Thomas
Jennifer helped me with a divorce modification. We had to modify my child support and visitation. What I loved is that she didn't wait to file documents, she immediately got to work on my case. She got my visitation increased and the child support to what it should have been to begin with instead of the ridiculously high number that the other side had insisted on--a number that would have left me unable to even pay my bills each month. Trust me, its not that I don't want to support my kids but as a father, I have to also keep a roof over my head. I hate that so many dads get a bad rap who actually take care of their kids. (Although I know there are some deadbeat dads out there!) I am just thankful that Jennifer cares about her clients. She even took the time to look at my kids pictures and took the time to get to know me as a person. This meant so much to me. I have used other attorney's in the past, unfortunately, who didn't care about me and my family they just cared about the bottom dollar. I am so glad that I used Jennifer Rose and would highly recommend her to anyone looking for a family law attorney.
Posted by Billy
Mrs. Rose came highly recommended to me for custody by a friend who was a former client and she did not disappoint. I actually had no idea that she had two great attorneys working for her as well though, they were a great help to me and my wife at a dark time in my life and best of all I got everything I had initially asked for and then some. Best group of lawyers I've ever used.
Anonymous review posted on
Mrs. Rose helped me through the worst time in my life. I had lost my children due to false allegations by my husband. She fought for me tooth and nail until I got my kids back. She returned my whole world to me and I am forever grateful. Thanks Mrs. Rose for all you do! I would recommend her to everyone including my family and closest friends. She is the best.
Posted by Bill
Jennifer and her staff saved my business and my children! I'm very glad I hired Jennifer as I was easily able to tell the difference between how much better my attorneys were vs how my wife's attorney who was supposed to be so great was and the result was that I ended up getting way more than I thought I could. I hope I don't need to hire a divorce attorney again, but if I do at least I know where to go.
Posted by Michael
Jennifer and her associate Katherine Wright handled my case and were very professional and helpful. They both seemed very experienced in my opinion and always able to quickly answer my questions and concerns about my case and my former wife's behavior. In the end I made out far better in my divorce than I had even asked or hoped for. Highly recommended. :)
Posted by Lori
After interviewing several attorneys for my divorce, Jennifer Rose stood out as the best. I knew the minute I sat down with her that she would take me through the divorce process with my children's best interest in mind and keep me focused on what was important. Her experience in family law is what sealed the deal. Over the agonizing months of the divorce process, I put my trust in Jennifer Rose and her dedication helped me get the outcome I was happy with. Her entire staff was understanding, helpful and efficient. She was was confident, direct, clear and thorough with her answers to my questions. Choosing the right lawyer makes all the difference. I made the right decision choosing Jennifer Rose.
Posted by David
Mrs. Rose was very helpful in helping me navigate a nasty divorce and scary trial. She was very aggressive in defending me to the court and in putting forward a very compelling case as to why I should have custody of my children. The judge was even impressed enough to tell me during our proceedings what an excellent job my attorney was doing. Needless to say I won my case and my children are where they are safest, with me. I would wholeheartedly recommend for anyone who needs a GOOD lawyer to check out the Rose Law Firm, it worked wonders for me :)
Posted by Terri
Very patient with a case that was drawn out by opposing party. Understanding to clients frustrations. Persistent in resolving matters that were delayed by opposing party. Knowlegeable of other states laws regarding child support. Firm, when needs to be. Fair, competent, dependable. Office staff, proficient in relaying detailed messages, returns call promptly and maintains professional at all times, even when dealing with stressed client.
As one of the only certified family law specialists in Alabama, Mrs. Rose practices family law exclusively. She is the daughter of a respected solo practice attorney, Warren Freeman of Delta Alabama. She grew up assisting her father in his practice and watching him in the courtroom, dreaming of one day protecting people's rights as her father has done for so many years.
Today, with almost two decades of experience in and around the legal system, Jennifer Rose is living her dream and continuing her family's goal of protecting other's legal rights with her practice. In the courtroom she aggressively fights to get the justice you deserve and works hard to get you get the best outcome for your case whether it is in the matters of Alabama divorce, adoption, child custody, child support, spousal support, family law, paternity, grandparent's rights, or divorce modifications.
Hourly ($250-300/hour), Retainer (always), Free consultation (30 minutes)
Payment types:
Cash, Check, Credit card
Are you an attorney? Endorse this lawyer
Mrs. Rose is a tireless advocate for her clients. Through her years of work as a family law attorney, Mrs. Rose has shown a unique ability to reach satisfactory outcomes for her clients. She is a strong and zealous advocate for her clients and a credit to the legal profession.
Justin Taylor Estate planning Attorney
Relationship: Fellow lawyer in community
Jennifer Rose is a dedicated and ambitious attorney making a name for herself in the legal community. Like her father who is also an attorney, Jennifer is a persistent advocate for her clients who strives to deliver outstanding results for them.
William Pfeifer Appeals Attorney
Relationship: Fellow lawyer in community
811 20th Street South
Birmingham, AL, 35205
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|The Rose Law Firm, LLC
|2007 - Present
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|American Bar Association, Family Law Section
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Exhumed Tickets for Sale
Exhumed is always a great hit with every crowd. We stock all tickets to every Exhumed show!
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text:
Court sentences four Catholic students
Three receive more than three-year prison terms, while fourth gets suspended sentence for alleged anti-government activities
ucanews.com reporter, Bangkok
May 25, 2012
Three Catholic students charged with spreading anti-government propaganda were each sentenced Thursday to more than three years in prison, while a fourth received a two-year suspended sentence. The People's Court of Nghe An Province in Vinh city sentenced Anthony Dau Van Duong, Peter Tran Huu Duc and Anthony Chu Manh Son, all 23, to 42, 39, and 36 months in prison, respectively, followed by 1-1.5 years of house arrest. The fourth defendant, John Baptist Hoang Phong, 24, who had no lawyer at the court, was given a suspended sentence of 24 months. Some 1,000 local people including Catholics and two priests gathered outside the court with banners reading "Our children are innocent" and "Protest illegal arrests," while policemen and security officials stood by. The defendants were accused of passing out 5,000 leaflets in May 2011 that demanded a multiparty system, criticized Communist Party policies and rejected the results of last year's national assembly election. "You're innocent. Be brave! All people stand by you," Chu Van Nghiem, Son's father, said in court before he was removed by security officials, local Church sources reported. Church sources also said the defendants' relatives and lawyers plan to lodge an appeal to a higher court immediately. Since 2011, as many as 27 bloggers, dissidents, and activists in the country have been detained and accused of anti-government propaganda. Related reports Catholic students to stand trial
Related Reports
Thousands demand Jakarta's Christian governor be arrested
Basuki Tjahaja Purnama has apologized for his alleged blasphemy to no avail
Changing perception of Pakistan
Could recent rulings against extremists signal a new start for the Islamic republic?
Excommunicated Chinese bishop joins in yet another episcopal ordination
Bishop Lei Shiyin attends ordination of new Xichang prelate, two days after ceremony in Chengdu
Church excluded from helping Bhopal gas victims
Archdiocese wants to help but because of a lack of support from the government we are unable to support them, says archbishop
Mixed reaction to Sri Lanka's new reconciliation police
Minorities are skeptical that the new unit will be able to stop sectarian abuse


text:
Expats Vote Singapore Best Place To Live And Work
- Details
- Thursday, 24 September 2015 14:56
Singapore takes the top spot in the eighth Expat Explorer country league table, with expatriates praising the opportunities for career development, appealing salaries and an excellent quality of life.
Over a quarter (28%) of expats in Singapore earn more than USD200,000 per annum compared to 13% of expats globally. Fifty-nine per cent say the city-state is a place for career development and 79% are confident about the Singapore economy.
Overall, 67% of expats say Singapore offers a better quality of life than their home country and 65% of parents say their children's health and wellbeing has improved since moving there.
The Expat Explorer survey is commissioned by HSBC Expat and conducted by YouGov. Now in its eighth year, it is the largest and one of the longest running surveys of expats, with 21,950 respondents sharing their views on different aspects of life abroad including careers, financial wellbeing, quality of life and ease of settling for partners and children. A total of 39 countries qualified for the league tables in this edition.
Expat Explorer also reveals that:
A better quality of life and the desire to take on a new challenge are the main reasons for making a move abroad. In both cases, 37% of expats say these are the reasons why they moved, compared to just over a quarter (26%) that say they did so to improve their job prospects. In fact, 61% of expats haven't benefited from an immediate salary increase since moving.
Expats are dedicated to experiencing as much as possible during their time abroad and only 11% say they haven't immersed themselves into their new culture. Destinations where expats are the most likely to have moved to improve their quality of life are New Zealand (71%), Spain (61%) and Portugal (56%).
Expat entrepreneurs blossom in the world's financial hubs:
The vast majority of expats living in the world's financial hubs of Singapore, Dubai, Hong Kong or London agree they are good places to start a new business (87%, 86%, 85% and 85% respectively). This is much higher than the global average of 56%2.
A high level of confidence in the local economy is another reason why these economic hubs suit the entrepreneurial spirit: 78% of expats in Singapore and 60% in Hong Kong feel confident about the local economy.
The opportunity to broaden their skillset is a further upside for expat entrepreneurs who have settled in one of these cities: 64% of expats in London have acquired new skills since moving, compared to 43% globally.
Dean Blackburn, Head of HSBC Expat, comments, "Living abroad allows people to realise a whole range of ambitions. Learning new skills, enjoying a different culture or growing closer to loved ones through a shared adventure: these are just some of the rewards expats tell us they have enjoyed through their time in another country.
"As global mobility continues to increase, expat life is more attainable than ever before. Expats need services that keep up with their changing needs, as managing money overseas remains a challenge. Indeed, 74% tell us their finances have become more complex in some way since moving, which highlights the value of seeking help with this aspect of life."
For the purposes of our survey, an expatriate as someone over 18 years old who is currently living away from their country of origin/home country.
Top countries for expatriates:
New Zealand
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text:
Why Does Al-Qaeda Have Taxpayer-Funded Weapons And Humvees?
June 13, 2014 7:07am PST
In the process of taking over several cities in Iraq, the Islamic State of Iraq and Syria (ISIS) has gained control of more than just the second largest city in the nation, they've also seized American military equipment.
Pictures have emerged of Omar as-Shishani, who's the top Islamist leader from Chechnya, riding around and getting out of an American Humvee in Mosul. It's worth noting that Chechnya is where the Boston Bombers came from as well.
However, Obama would have us believe that al-Qaeda is on the run and that the war on terror is over. Along with that narrative he would like us to believe that these extremists don't pose a threat to Western nations so releasing five Taliban commanders will have little to no impact on us.
Anyways, the Iraqi forces that the U.S. spent years training to stabilize their country have fled their posts in Mosul while al-Qaeda insurgents invaded, leaving behind all the expensive equipment we provided them with. So, needless to say the militants are enjoying their new Uncle Sam-funded toys.
Now they're riding around in our Humvees and using our weapons against the same people we tried to help, and what's Obama doing about it?
"Closely monitoring" the situation.
Since it's not politically convenient for him to act he's not going to. In fact, he'll more than likely let this go until our intervention would be pointless.
Even the rogue state of Iran has sent their own forces to help the Iraqi military and citizen-soldiers who are rising up to quell the evil they face, but Obama's sitting on his hands, again. This is yet another example of the disastrous Obama-Clinton foreign policy that has destabilized the entire Middle East.
Way to go team!
Obama Fails To Act, Iran Deploys Troops To Aid Citizen Fighters In War-Torn Iraq
[H/T: AmericanOverlook]
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