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United States District Court, N.D. California, San Jose Division
June 11, 2014
EVOLUTIONARY INTELLIGENCE, LLC, Plaintiff,v.MILLENIAL MEDIA, INC., Defendant.
EDWARD J. DAVILA, District Judge.
Defendant Millenial Media, Inc. ("Millenial") brings this motion to stay pending inter partes review ("IPR") of U.S. Patent Nos. 7, 010, 536 ("the 536 Patent") and 7, 702, 682 ("the 682 patent") (collectively, the "asserted patents"). Dkt. No. 113. Plaintiff Evolutionary Intelligence, LLC ("Evolutionary") opposes the motion. Dkt. No. 115. Pursuant to Local Rule 7-1(b), the court found this matter suitable for resolution without oral argument and previously vacated the hearing. Having considered the parties' briefing and for the reasons set forth below, the court GRANTS the motion to stay.
I. Background
a. Procedural Background
In October 2012, Evolutionary filed complaints in the Eastern District of Texas alleging infringement of the asserted patents against nine unrelated defendants: Millenial Media, Inc., Apple, Inc., Twitter, Inc., Facebook, Inc., Groupon, Inc., LivingSocial, Inc., FourSquare Labs, Inc., Yelp, Inc., and Sprint Nextel Corp. In its complaint against Millenial, Evolutionary specifically alleges infringement of claims 1-16 of the 536 patent and claims 1, 3-7, 10, 11, and 14-22 of the 682 patent. Dkt. No. 1. Millenial filed its answer on December 17, 2012 and a few days later moved to transfer venue to this District under 35 U.S.C. § 1404(a). Dkt. Nos. 9, 13. The parties engaged in limited discovery relating to venue. The Texas court ordered the case be transferred to this court on August 27, 2013. Dkt. No. 88. Between July and September 2013, the other eight actions were also transferred to this district. On October 8, 2013, Evolutionary's motion to relate the nine actions was denied. Dkt. No. 100.
On October 22 and 23, 2013, four defendants from the co-pending cases-Apple, Inc., Twitter, Inc., Yelp, Inc., and Facebook, Inc. (the "petitioners")-filed petitions for IPR at the United States Patent and Trademark Office ("PTO") seeking review of the asserted patents. Together, the IPR petitions seek review of all claims that Evolutionary asserts against Millenial. Millenial did not request an IPR for any claims of either asserted patent nor does it intend to. Decl. of Nathan K. Cummings ¶ 2, Dkt. No. 117-1. All defendants in the Evolutionary cases have requested a stay on the basis of these petitions for IPR and the other eight actions have been stayed pending resolution of the IPR proceedings.[1] On April 25, 2014, after Millenial filed the instant motion, the PTO granted Apple's Petition 2014-00086 in part, taking claims 2-12, 14, and 16 of the 536 patent under review. The PTO denied the remaining petitions, including all petitions directed to the 682 patent.
b. IPR Background
Pursuant to the Leahy-Smith America Invents Act ("AIA"), the IPR proceeding replaces the PTO's previous inter partes reexamination. 35 U.S.C. §§ 311-319. Congress, in enacting the IPR procedure, sought "to establish a more efficient and streamlined patent system that will improve patent quality and limit unnecessary and counterproductive litigation costs" and "to create a timely, cost-effective alternative to litigation." Changes to Implement Inter Partes Review Proceedings, Post-Grant Review Proceedings, and Transitional Program for Covered Business Method Patents, 77 Fed. Reg. 48680-01 (August 12, 2012) (codified at 37 C.F.R. §§ 42.100 et seq.). Under the new procedure, any party other than the patent owner may request to cancel one or more claims of a patent; in doing so, the petitioner is limited to grounds that could be raised under 35 U.S.C. §§ 102 and/or 103 and only based on prior art consisting of patents and printed publications. 35 U.S.C. § 311(a)-(b). If a party has been served with a patent infringement complaint, the party must file for IPR within one year of being served with the complaint. 35 U.S.C. § 315(b).
For the PTO to institute an IPR proceeding, the petitioner must show "that there is a reasonable likelihood that the petitioner would prevail with respect to at least 1 of the claims challenged in the petition, " a higher burden than in the predecessor reexamination proceedings where the requester was only required to show a "substantial new question of patentability." 35 U.S.C. §§ 304, 314(a). Within three months of the filing of the petition, the patent owner may file a preliminary response setting forth arguments as to why the PTO should not institute IPR; alternatively the patent owner may waive the preliminary response to expedite the proceeding. 37 C.F.R. § 42.107(a)-(b). The PTO must decide whether to institute the IPR within three months after the patent owner's preliminary response or by the last date on which the response could have been filed if the patent owner did not file a response. 35 U.S.C. § 314(b).
If the PTO institutes the IPR, the proceeding is conducted before three technically-trained Administrative Patent Judges of the Patent Trial and Appeal Board ("PTAB"). See 35 U.S.C. §§ 6(a)-(c), 311. This proceeding "converts inter partes reexamination from an examinational to an adjudicative proceeding." H.R. Rep. No. 112-98, 46 (2011), reprinted in 2011 U.S.C.C.A.N. 67, 77. Where parties previously conducted amendment-and-response before a PTO examiner, the parties are now permitted to take limited discovery, respond to each other's arguments, and are entitled to an oral hearing before the PTAB. 35 U.S.C. § 316(a)(5), (8), (10), (13).
The PTO must issue its final IPR determination within one year, extendable for good cause for not more than six months. 35 U.S.C. § 316(a)(11). Final determinations are appealable to the Federal Circuit. 35 U.S.C. §§ 141(c), 319. To streamline later litigation and reduce the likelihood of inconsistent judgment, the petitioner is estopped from later asserting that a "claim is invalid on any ground that the petitioner raised or reasonably could have raised during that inter partes review." 35 U.S.C. § 315(e)(2).
II. Legal Standard
Courts have inherent power to manage their dockets, including the discretion to decide whether to grant a stay pending a concurrent proceeding before the PTO. Ethicon, Inc. v. Quigg , 849 F.2d 1422, 1426-27 (Fed. Cir. 1988). A stay is particularly justified where the outcome of a PTO proceeding is likely to assist the court in determining patent validity or eliminate the need to try infringement issues. In re Cygnus Telecomm. Tech., LLC, Patent Litig. , 385 F.Supp.2d 1022, 1023 (N.D. Cal. 2005) (citing Gould v. Control Laser Corp. , 705 F.2d 1340, 1342 (Fed. Cir. 1983)). "While the case law states several general considerations that are helpful in determining whether to order a stay, ultimately the court must decide stay requests on a case-by-case basis." TPK Touch Solutions, Inc. v. Wintek Electro-Optics Corp., No. 13-CV-02218, 2013 WL 6021324, at *1 (N.D. Cal. Nov. 13, 2013).
Courts typically consider three factors to determine the appropriateness of a stay: "(1) whether discovery is complete and whether a trial date has been set; (2) whether a stay will simplify the issues in question and trial of the case; and (3) whether a stay would unduly prejudice or present a clear tactical disadvantage to the non-moving party." Telemac Corp. v. Teledigital, Inc. , 450 F.Supp.2d 1107, 1111 (N.D. Cal. 2006) (citation omitted). The party seeking the stay bears the burden of persuading the court that a stay is appropriate. Nken v. Holder , 556 U.S. 418, 433-34 (2009).
III. Discussion
a. Stage and History of Litigation
The first factor requires the court to consider the stage and history of litigation, including whether discovery is complete or whether a trial date has been set. Telemac , 450 F.Supp.2d at 1111. Here, Millenial contends this case is "in its very early stage" considering there is no case schedule; minimal discovery has been completed; Evolutionary's infringement contentions must be updated; Evolutionary has not requested to review Millenial's source code; no claim construction process has begun; there has been no expert discovery; and no trial date has been set. Def.'s Reply Br. at 1-2, Dkt. No. 117. Evolutionary counters that despite the fact that a trial date has not been set, Evolutionary has invested significant time in preparing its lengthy infringement contentions, producing 4, 000 pages of documents, and serving several interrogatories on Millenial. Pl.'s Opp'n Br. at 25, Dkt. No. 115.
Considering the substantial amount of work that lies ahead of both parties, the court agrees with Millenial that the early stage in this case favors granting a stay. This district strongly favors granting a stay where there has been no material progress in litigation. ASCII Corp. v. STD Entm't USA, Inc. , 844 F.Supp. 1378, 1381 (N.D. Cal. 1994); see also Pragmatus AV, LLC v. Facebook, Inc., No. 11-CV-02168 , 2011 WL 48502958, at *2-3 (N.D. Cal. Oct. 21, 2011) (granting stay where no material progress in litigation was made despite plaintiff's serving infringement contentions, interrogatories, requests for admission, and document requests). This policy underlying reexamination proceedings has extended with the same force to IPR proceedings. See, e.g., Pi-Net Int'l, Inc. v. Focus Bus. Bank, No. 12-CV-04958 , 2013 WL 4475940, at *3 (N.D. Cal. Aug. 16, 2013) (granting stay where a trial date was scheduled but significant discovery remained); see also Internet Patents Corp. v. eBags, Inc., No. 12-CV-03385, 2013 WL 4609533, at *2 (N.D. Cal. Aug. 28, 2013) (granting stay where no trial date had been set and no dispositive motions or claim construction briefs had been filed). Notably, the courts in each of the co-pending Evolutionary cases have similarly held that the early stage of litigation weighs in favor of a stay.
Here, Evolutionary has engaged in limited discovery relating to venue, served infringement contentions, and served common interrogatories to Millenial as well as all defendants in the co-pending cases. The court recognizes that Evolutionary may have spent some time and resources at this stage, but the bulk of the time and expenses lie ahead. Further, Evolutionary does not present any additional evidence to indicate why this case against Millenial is more advanced than the other Evolutionary cases, all of which recognized that discovery is far from complete. Millenial seeks a stay at this early stage of litigation and before any substantive proceedings have occurred. Accordingly, the first factor weighs in favor of stay.
b. Simplification of Issues and Trial
The second factor considers whether granting a stay will simplify the litigation. Telemac , 450 F.Supp.2d at 1111. Evolutionary argues that because patents often survive PTO proceedings with at least some patent claims in their original form, there is no evidence that the IPR proceeding will eliminate the need for litigation or simplify the issues in this case. Pl.'s Opp'n at 10-11, Dkt. No. 115. Millenial counters that the simplification of the issues in an IPR proceeding does not require that the IPR resolve all or most of the issues, merely that some issues for litigation are simplified. Def.'s Reply at 10, Dkt. No. 117.
The court agrees with Millenial that a stay is not contingent upon IPR resolving every issue in this action. Instead, the court considers whether the IPR proceedings will streamline the litigation. Internet Patents Corp., 2013 WL 4609533, at *3 ("[a] stay is not contingent upon the reexamination proceeding resolving every claim and issue in this action."); see also Ho Keung Tse v. Apple, Inc., No. 06-CV-06573 , 2007 WL 2904279, at *8 (N.D. Cal. Oct. 4, 2007) ("[I]f the reexamination proceeding should narrow any of the asserted claims... the scope of this litigation may be significantly simplified."); see also AT&T Intellectual Prop. I v. Tivo, Inc. , 774 F.Supp.2d 1049, 1053 (N.D. Cal. 2011) (rejecting the argument that a stay is inappropriate where the reexamination is unlikely to resolve all the claims at issue). Here, the PTO has granted IPR as to the majority of the 536 patent claims asserted against Millenial. If the PTO modifies or cancels some or all of the claims subject to review, both the court and parties benefit because the scope of this case may be narrowed and further proceedings will be streamlined. See 35 U.S.C. § 317.
Even if the IPR proceeding does not result in any cancelled or modified claims, this court will receive the benefit of the PTO's expertise and guidance on these claims. See In re Cygnus, 385 F.Supp.2d at 1024 ("For those claims that survive the reexamination, this court may have a richer prosecution history upon which to base necessary claim construction determinations or reconsiderations"). This expectation is particularly relevant at this juncture, where the court has not yet invested significant resources into familiarizing itself with the technology. See Internet Patents Corp., 2013 WL 4609533, at *3 (stating that the court is unfamiliar with the technology at this early stage of litigation so the court's "interest in simplifying the proceedings by waiting for the PTO to re-examine the asserted claims weighs in favor of granting a stay"). Further, by employing the specialized expertise of the PTO, the court and the parties avoid duplicative costs and efforts. See Microsoft Corp. v. Tivo Inc., No. 10-CV-00240, 2011 WL 1748428, at *4 (N.D. Cal. May 6, 2011) (noting that there is significant concern with wasting resources by proceeding forward when the court and PTO reach inconsistent conclusions). Evolutionary simply does not proffer any persuasive argument why staying this proceeding pending resolution of the IPR proceedings will not foster efficiency or simplify issues for trial.
Evolutionary does, however, present a compelling argument as to the inefficiency of a stay absent an estoppel requirement. Typically, the benefit of a stay pending IPR is contingent in part upon the IPR proceeding's estoppel effect, i.e., the prohibition that the petitioner is precluded from relitigating the same issues that were raised or reasonably could have been raised during the IPR proceeding. The posture of the parties in this case calls that benefit into question. The plain language of Section 315(e)(2) imposes a full statutory estoppel on IPR petitioners; however, because Millenial is not a party to the relevant IPR proceeding, Millenial is not necessarily bound by this statutory provision. Considering the position of the parties, the strategic options available to patent infringement defendants, and the relief Millenial requests through this motion, as well as to fully appreciate the benefits of a more streamlined litigation, the court will condition a stay on Millenial's agreement to be bound as if it itself had filed the relevant IPR petition. With this estoppel in place, the court finds that the second factor weighs in favor of a stay.
c. Prejudicial and Tactical Concerns
The third factor looks to whether a stay will unduly prejudice or present a clear tactical disadvantage to the non-moving party. See In re Cygnus, 385 F.Supp.2d at 1023. Evolutionary makes two arguments as to why it will suffer undue prejudice as a result of the stay: (1) Millenial's motion to stay is a dilatory tactic and (2) a stay would cause the spoliation of critical evidence. The court is not persuaded that either of these alleged harms constitutes undue prejudice.
Evolutionary argues Millenial unduly delayed in filing this motion because the petitioners to the IPR proceedings waited an entire year after being served with a complaint to file IPR petitions and Millenial, which did not join as a petitioner, waited an additional three months to file the instant motion to stay. Pl.'s Opp'n at 9, Dkt. No. 115. The petitioners' delay in filing for IPR could potentially suggest that they were acting in a strategically dilatory fashion, however, IPR petitioners are permitted one year after receiving a patent infringement complaint to file an IPR petition with the PTO. Many courts have recognized that undue prejudice does not automatically flow from a party's choosing to exercise its statutory rights. See Software Rights Archive LLC v. Facebook, Inc., No. 12-CV-03970, 2013 WL 5225522, at *6 (N.D. Cal. Sept. 17, 2013) ("Although defendants did wait nearly a year to file the IPR petitions, they properly filed the petitions within the statutory time frame, and the delay was not unreasonable."); see also Convergence Tech. (USA), LLC v. Microloops Corp., No. 5:10-CV-02051 , 2012 WL 1232187, at *3 (N.D. Cal. Apr. 12, 2012) ("parties having protection under the patent statutory framework may not complain of the rights afforded to others by that same statutory framework"); but cf. Universal Elecs., Inc. v. Universal Remote Control, Inc., No. 12-CV-00329 , 2013 WL 1876459, at *2 (C.D. Cal. May 2, 2013) (denying stay where the defendant filed for petition nearly a year later because written discovery had been exchanged, a Markman hearing had been held, a claim construction order had been entered, and a trial date had been set). Here, petitioners did not act in a dilatory fashion by waiting until significant discovery commenced before filing their IPR petitions. Instead, the petitioners properly filed IPR petitions in accordance within the statutorily mandated deadline before the infringement actions made any significant progress.
As to Millenial's actions, Millenial filed the instant motion within five months after Evolutionary first served its infringement contentions, a reasonable time period recognized by many courts. See Ho Keung Tse , 2007 WL 2904279, at *4 (finding no dilatory motive where defendants filed the request for reexamination three months after serving their invalidity contentions); see also Semiconductor Energy Lab Co., Ltd. v. Chimei Innolux Corp., No-12-CV-00021 , 2012 WL 7170593, at *3 (C.D. Cal. Dec. 19, 2012) (filing IPR petitions ten months after complaint and three to four months after receiving the infringement contentions was not an unreasonable delay); see also Fresenius Medical Care Holdings, Inc. v. Baxter Int'l, Inc., No. 03-CV-01431 , 2007 WL 1655625, at *4 (N.D. Cal. June 7, 2007) (noting that parties may not abuse the reexamination process by applying for reexamination after significant discovery has commenced). Although Millenial filed this motion fifteen months after the initial complaint was filed, it is reasonable that Millenial concentrated its efforts thus far in its motion to transfer this action and discovery related to venue. Additionally, discovery is in its early stage and Millenial has not yet provided its invalidity contentions or its source code. Accordingly, Evolutionary fails to offer any evidence that demonstrates Millenial's timing of this motion was intended to disadvantage Evolutionary.
Evolutionary's second contention, that a stay is prejudicial because it would result in the loss of critical evidence, amounts to nothing more than speculation. According to Evolutionary, the accused product in this case is comprised of source code that is modified on a daily basis. Pl.'s Opp'n at 17-18, Dkt. No. 115. Evolutionary opines that as time passes, the source code will be altered and the software developers responsible for the source code may leave the company or their memories will fade. Id . Millenial disagrees and argues that Evolutionary offers no evidence to demonstrate that the relevant documents and source code would be unavailable. Def.'s Reply at 11, Dkt. No. 117. Speculation that evidence will be lost, without more, is insufficient to demonstrate undue prejudice. See, e.g., Software Rights Archive, 2013 WL 5225522, at *5 ("[Plaintiff] has not identified a particular expert witness who is likely to be lost, nor is the court convinced that the relevant technology or evidence thereof would become "unavailable" for the purposes of a patent infringement analysis."); Internet Patents Corp., 2013 WL 4609533, at *4 (noting that the potential for loss of evidence, such as witness memory, applies to any case where IPR is sought and alone does not demonstrate undue prejudice). Moreover, Evolutionary has made the same arguments in parallel cases, and all were similarly rejected. See, e.g., Evolutionary Intelligence LLC v. Apple, Inc., No. 13-CV-04201, 2014 WL 93954, at *3 (N.D. Cal. Jan. 9, 2014); Evolutionary Intelligence LLC v. Sprint Nextel Corp., No. 13-CV-04513, 2014 WL 819277, at *7 (N.D. Cal. Feb. 28, 2014). This court is not persuaded that a stay will result in the spoliation of critical evidence. Thus, the third factor weighs in favor of stay.
IV. Conclusion
For the foregoing reasons, the court CONDITIONALLY GRANTS Millenial's Motion to Stay, contingent upon Millenial's agreement to be bound by the same estoppel that limits 1PR petitioners as set forth by 35 U.S.C. § 315(e). This action is STAYED in its entirety pending final exhaustion of the relevant review proceedings, including any appeals.[2]
Millenial shall file, on or before June 20, 2014, a notice indicating its consent or declination to be bound by this estoppel limitation. The notice shall not exceed one page in length. Millenial is cautioned that, absent full consent, the court may sua sponte reconsider this Order.
The parties shall submit a joint status report apprising the court of the status of the relevant review proceedings on December 8, 2014 and every six months thereafter.
The parties shall provide notice to the court within one week of final exhaustion of all relevant review proceedings, including appeals. In their notice, the parties shall request that this matter be reopened, and that a case management conference be scheduled.
The clerk shall ADMINISTRATIVELY CLOSE this file.
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$1,600.00 1 year ago
2004 ttr 125l - $1600 (Upland)
2004 Yamaha ttr 125l so it's a big wheel, is in good condition runs perfectly, I have all the paper work clean title green stickered until June 2016. I'm selling because my daughter has grown out of it and wants a bigger bike $1600 you can call or text Alyssa atThank youIgnore: ttr yz Yamaha crf cr Honda drz rm Suzuki dirtbike motocross quad mx sx dirt bike motorcycle supercross ttr125l ttr 125l t
1 year ago
Inland Empire, CA
$950.00 1 year ago
2004 Honda CRF50 XR50 w/ 88 kit pitbike - $950 (Tujunga, CA)
2004 Honda CRF50 current registration and clean title88cc big bore kitProtaper big bar kitheavy duty suspension front and rearBig Gun exhaustnewer dunlop tires with good life left in themkey words: PITBIKE, crf50, xr50, crf 50, xr 50, kx250 kawasaki 250 kx250f kawasaki 250f honda yamaha Suzuki 250 125 450 150 crf crf450 crf450r crf450x 450r 450x klx450 klr650 03 04 05 06 07 08 09 2003 2004 2005 20
1 year ago
Los Angeles, CA
$1,300.00 1 year ago
Honda CR 85 2004 need to sell obo - $1300 (Houston)
This is a Honda CR 85 in very nice condition. It has full FMF exhaust, excel rims. ASV levels and a lot of extras!! Bike start first kick and runs like a champ!! Call todayand make your offer!!! Thanks!!HONDA CRF450, CRF450R, CR, XR, YAMAHA, YZ, YZF, YZF450, KAWASAKI, KX, KX450, KX450F, SUZUKI, RM, RMZ, RMZ450, KTM, 450SX, 450SXF, 450SX-F, SX, HUSKY, 2016, 2014,2013,2012,2011,2010, 2009,2008,2007,
1 year ago
Houston, TX
$3,300.00 1 year ago
KLX450R Trail bike with MSO title - $3300 (charlotte)
selling a KLX450R 2 owner of this bike. i have the original certificate of origin. everything on this bike works and have been rebuild and modified, the bike has a little less than 1600 miles and i will be riding it until it sells. Mods:- Protape bars- Pro Circuit series full exhaust system with power bomb- Valves just adjusted- new top end rebuild- Recluse clutch Also have the OEM clutch- Koubali
1 year ago
Charlotte, NC
$5,900.00 1 year ago
VERY CLEAN 2014 Honda CRF 450 RJM Racing SuspensionThis is the cleanest 2014 you will see! Only 6 total rides on the bike. 48 year old "play only rider" Selling due to soon to be having a surgery that will keep me off a bike for 6 months +No low balls, No trades, and I do not need help selling it. No PayPal. This bike is in Excellent condition and if this ad is still Up the bike Will be available.
1 year ago
Austin, TX
$2,000.00 1 year ago
2008 kx250f many extras - $2000 (Inland empire)
im looking to sell my 2008 kx 250F it has low compression it starts right up though asking 2000 obo please call or text me atKeywords: Honda, KTM, Suzuki, Yamaha, Kawasaki, supermoto, super moto, dual sport, dualsport, desert, dirt bike, trackbike, dirtbike, 450, 500, 505, 525, 530, 325, xcf, sxf, sx f, xc f, 450xc, 450sx, 450xcf, 450sxf, 450xc-f, 450sx-f, 505xc, 505sx, 505xcf, 505sxf, 505xc-f, 50
1 year ago
Inland Empire, CA
$1,800.00 1 year ago
2007 CRF150R Low Hours and very Clean - $1800 (Cedar City)
no text or emails2007 CRF150R This bike is in very good shape and has low hours. Call to come ride it. Thanks!Key Words: Yamaha, Honda, Kawasaki, Suzuki, KTM, Ducati, Aprilla, BMW, Street Bike, Sport Bike, Race Bike, Track Bike, Great Condition, Low Miles, Great Price, Leo Vince Exhaust, GPR Stabilizer, Vortex, Clean Bike fz1 fz6 monster ducati banditt triumph street triple speed 919 z1000 street
1 year ago
St. George, UT
$6,800.00 1 year ago
2015 crf450r ONLY 8 hours - $6800 (Belleville)
Jm suspension Reno racing engine work Yoshimura full system Cycra power flow plastics Moose radiator guards bike is amazing need to sell text needs to go make me an offerTags: kx, yz, cr, rm, xr, crf, wr, drz, ttr, ktm, kawasaki, suzuki, yamaha, 85, rm 65,kx 65, ktm 65,rm65, kx65, 65sx, rm 65, polini, 50jr, 50sr, mini bike, yz125, cr125, kx125, rm125, cr125r,80 yz 125,kx 125,ktm 105, rm 125, ktm,
1 year ago
St. Louis, MO
$4,200.00 1 year ago
2012 KTM 250xc mint - $4200 (Rockaway)
For sale is my 2012 KTM 250xc. Bike has about 60 well maintained hours and is in beautiful shape. Original plastics and graphics are still on it as seen in the pictures. I have the certificate of origin, no liens. Bike is pretty much stock other than a skid plate and radiator guards. Factory suspension setup for 160 woods riding. I have the paperwork from FC with the suspension specs. Excellent co
1 year ago
New Jersey, NJ
$9,800.00 1 year ago
Yamaha YZF-R1 WGP 50th Anniversary Special Edition #770 of 2000 - $9800 (Myrtle Beach)
Not enough time to enjoy so gonna let it go. This is the Yamaha YZF-R1 WGP 50th Anniversary Special Edition #770 of 2000. It has VERY low mileage (1220) and has been taken care of. There are no aftermarket parts. This is a good opportunity for someone to purchase an "unmolested" crotch rocket below retail value. If you have done any research on this bike, you will see that the regular retail value
1 year ago
Wilmington, NC


text:
2 couches Voile de mariée longueur coude avec Bord festonné #3750
Voiles de mariage
* Livraison standard : 5-8 jours
* Livraison économique : 15-30 jours
Fondé en 2007, JJ's House s'impose comme leader mondial de détaillant en ligne. Il offre aux clientes une large gamme de robe de mariée, robe d'évènements spéciaux, robe cocktail et accessoires adaptés à la robe de leur rêve. Nos clientes éprouvent une grande satisfaction à parcourir notre site, trouvant leur bonheur parmi les robes sélectionnées. JJ's House se dote d'un service à la clientèle exceptionnel, offrant des pièces de qualité à des prix abordables.
|Code produit
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|33.46 pouce (85cm)
|Plus courte longueur de la couche
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|Printemps, Été, Automne, Hiver
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|Voile avec peigne, prêt à porter
|Couleur et le style peuvent varier selon le moniteur
Commentaires sur les produitsEcrire un commentaire
2015-11-01 00:10:04
Received my veil few days ago! Thank you JJ house. It looks exactly like the picture. :)
2015-07-01 09:15:44
Very nice
2014-04-14 23:52:22
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2013-11-18 00:39:36
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2013-11-15 00:47:53
Couldn't be any happier then I am right now, loved the dress and veil....so did my daughter considering she left it up to me to select the dress and veil..her words were- I could not have chosen a better wedding dress then you mum....thank you so much for making the ordering so easy and the shipping so fast. THANKS jj's house
2013-11-15 00:44:43
I cannot express enough how much this wedding dress impressed my daughter, the dress just fitted perfectly and she looked absolutely stunning in it....it fitted just like a glove, the veil was also absolutely beautiful... I can't believe I ordered them both for her and she had no idea. My daughter said that my taste in the gown and veil was perfect and she is glad that she left it up to me to decide on her gown and veil....Making and delivery was fantastic it took less the 3 weeks. Thank you so much jj's house xxxx
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2013-07-28 22:56:13
I have to tell you guys that i love this veil!!It is just as lovely as the picture.And to my big surprise they are in such good quality.The tulle is soft and the color goes well with my wedding dress.Only 16 dollars,it totally worth the price.Thanks
- Robe de Soirée , Robe de Cocktail , Robe de Mariée , Robe Demoiselle d'Honneur , Robe de Bal , Chaussures de mariage , Chaussures de Danse


text:
HYPOCRITE: V. Stiviano Goes On Racial Rant About "Black People"
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(See also: DISGUSTING: Thug Brutally Beats Wife While She Holds Baby)
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August 3, 1979
THE AMOCO OIL COMPANY,v.ROBERT F. BURNS, APPELLANT. THE AMOCO OIL COMPANY, APPELLANT, V. ROBERT F. BURNS
No. 8 October Term, 1979, No. 59 October Term, 1979, Appeal from Orders of the Court of Common Pleas, Civil Action, Law - Bucks County, entered December 20, 1978 at No. 77-9557-08-6.
Norman P. Zarwin, Philadelphia, for appellant at No. 8 and appellee at No. 59.
William A. DeStefano, Philadelphia, for appellant at No. 59 and appellee at No. 8.
Price, Hoffman and Dowling, JJ.
[ 268 Pa. Super. Page 392]
Landlord Amoco Oil Company (Amoco) sued its holdover tenant, Robert F. Burns, in ejectment and trespass for damages and mesne profits caused by Burns' possession beyond the lease term. After a non-jury trial, the court awarded possession to Amoco but denied damages. Both parties filed exceptions, which the lower court denied. Both Burns and Amoco have appealed from the order denying their exceptions.
Amoco purchased the land in question in 1966 and constructed a two-bay gasoline service station thereon. Amoco leased the station to Burns on August 11, 1967. The last lease executed by the parties was for a one-year term ending September 11, 1976, with automatic renewals for two successive one-year terms unless either party gave written notice of cancellation prior*fn1 to the end of the initial or renewal term. Other provisions of the lease give the parties the right to cancel the lease in mid-term for enumerated "good cause" reasons. The lease automatically renewed itself for the first additional term, but on June 8, 1977, Amoco gave written notice of cancellation of the last additional term and
[ 268 Pa. Super. Page 393]
directed Burns to vacate the premises effective September 11, 1977. Amoco offered to sell the premises to Burns for $140,000, which he refused. Subsequently Amoco contracted to sell the property to the U-Haul Company of Delaware Valley (U-Haul) for $140,000, contingent upon Burns' timely vacation of the premises. Settlement was scheduled for December 1, 1977, but when Burns refused to surrender possession at the end of the term, U-Haul withdrew its offer and Amoco returned U-Haul's $10,000 deposit. During the pendency of the litigation below, the parties entered into a stipulation without prejudice whereby Amoco continued to sell Burns gasoline and other Amoco products. After entry of its order, the court below granted a supersedeas conditioned upon the positing of $11,000 security bond. However, Burns did not post bond and vacated the premises on or about March 27, 1979.
At trial, Amoco officials testified that during 1976 they decided not to renew Burns' lease because his diminishing volume of sales was making it unprofitable for Amoco to maintain the station.*fn2 An Amoco economic analyst testified that Amoco lost $2,000, $7,109, and $11,840, in 1975, 1976, and 1977, respectively on Burns' station. Burns testified that the lack of business at his station was not due to any dereliction of his own, but was due to Amoco's failure to take the following steps to improve business: (1) construct a high rise sign to attract passing motorists from the recently constructed Interstate Highway 95; (2) convert one island into self-service pumps,*fn3 and (3) reduce the price of gasoline sold to him so he could engage in effective price competition with other nearby stations. Regarding this evidence, the court found as follows: "Executive personnel of the corporation
[ 268 Pa. Super. Page 394]
stated the reasons why these actions were not taken and the court concludes that the decisions were made in accordance with good faith business judgment. The weight of evidence is that even if [Amoco] had complied with [Burns'] requests in these areas, the resulting effect would be insufficient to warrant continuing the operation of the business."
Although the parties' last executed lease agreement was on September 11, 1975, prior to the effective date of the Gasoline Act,*fn4 the Act nonetheless is applicable to the instant case because it was renewed on September 11, 1976, after the effective date of the Act. See 73 P.S. § 202-5.
Burns contends that Amoco's cancellation of his lease was illegal under the Act because none of the specific grounds for cancellation permitted by the Act existed in this case. Amoco concedes as much but relies upon the following provision of the Act: "Nothing . . . shall prohibit termination, cancellation, or failure to renew: . . . where there is such cause for termination as a court of competent jurisdiction might find to be reasonable and just under all the circumstances." 73 P.S. § 202-3(c)(3). The court below thought that the unprofitability of a franchise for a franchisor was reasonable cause for termination, and we agree.*fn5 Therefore, we conclude that Amoco's termination of Burns' lease was not in violation of the Gasoline Act.
[ 268 Pa. Super. Page 395]
Burns next contends that Amoco did not deal with him in a commercially reasonable manner, terminating his lease in bad faith and in derogation of his reasonable expectations. See Atlantic Richfield Co. v. Razumic, 480 Pa. 366, 390 A.2d 736 (1978). Because Amoco is attempting to terminate Burns' franchise by this ejectment action, we must consider the effect of the Razumic decision on this case. Compare Witmer v. Exxon Corp., 260 Pa. Super. 537, 394 A.2d 1276 (1978) (mere attempt to collect higher rent and not to terminate franchise).
In Razumic, the franchisor did not explicitly reserve a right to terminate the franchise without a cause. "The Court in Razumic thought the absence of such a provision was significant, if not crucial to their decision. Indeed, at one point in the opinion, the Court implied that it would enforce such a termination clause." Witmer v. Exxon Corp., 260 Pa. Super. at 554, 394 A.2d at 1285. "[I]t appears that the duty of good faith and commercial reasonableness is used to define the franchisor's power to terminate the franchise only when it is not explicitly described in the parties' written agreements." Id., 260 Pa. Super. at 551 n. 12, 394 A.2d at 1283, n. 12.
Here, the lease between Amoco and Burns specifies that either party could cancel the lease at the end of the original or renewal term with prior written notice, without limitation as to reasons or cause. Additional rights of cancellation in mid-term for cause are specified elsewhere in the lease. Because Amoco explicitly reserved the power to terminate without cause in the lease, the Razumic standards do not apply to its termination of Burns' franchise. Thus, we need
[ 268 Pa. Super. Page 396]
not consider whether cancellation of a franchise for unprofitability is in bad faith or commercially unreasonable.
Amoco has also appealed from the court's failure to award damages and mesne profits from Burns' wrongful possession of the premises. Amoco claims that it continued to lose money on the station while Burns operated it pursuant to the parties' stipulation until he vacated the premises near the end of March, 1979, and that it lost the benefit of its bargain with U-Haul because of Burns' failure to quit the premises at the end of his term.
While damages and mesne profits may be recovered in an ejectment action, Doyle v. Goldman, 407 Pa. 269, 180 A.2d 51 (1962), the recovery is equitable in nature, and may be denied where the defendant is a bona fide occupant under color of title. Ege v. Kille, 84 Pa. 333, 340 (1877). Here, the lower court concluded that allowing recovery of damages was not equitable since Burns was remaining in possession under color of title (a leasehold interest arguably protected from termination by Razumic or the Gasoline Act) all the while retailing Amoco products and otherwise performing his lease obligations. Under these circumstances, we find no abuse of discretion in failing to award money damages to Amoco.
Orders affirmed.
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330 COLLINDALE Avenue, Grand Rapids 49504
See more homes for sale in Grand Rapids, MI
This property has been Sold!
02/04/2016 at $215,000
Custom built, turn of the century classic! Loaded with character and old world charm. The original builder built this home for his personal residence and spared no expense. From the highest quality Indiana lime-stone exterior to the combination of oak flooring and cherry trim. The expansive main floor features a grand entrance with two closets and french doors opening to a spacious living room with a wood burning fireplace and bay windows. Formal dining room, kitchen, office with plenty of windows facing the east, and a half bath complete the main level. 4 large bedrooms, full, bath, private balcony, and huge walk in master closet are located on the 2nd level. The basement features a rec room with custom oak trim, doors, moldings, and a private bar.
Property Information
- Status
- Sold
- Address
- 330 COLLINDALE Avenue
- City
- Grand Rapids
- Zip
- 49504
- County
- Kent
- Possession
- 30 Days Ac
- Zoning
- Garage Desc.
- 2, Attached
- Water
- Public
- Sewer
- Public
- Year Built
- 1925
- Taxes
- $3,114
Rooms and Land
- MasterBedroom:
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- Bedroom2:
- 14'x10.5'x 2nd Floor
- Bedroom3:
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- 10.5'x15'x Basement
- Den:
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- Hot Water, Natural Gas
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- 0.37
- Lot Dimensions
- 80 x 200
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- Dishwasher, Range, Refrigerator
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- Living, Rec Room, Wood
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Listing Video for 330 COLLINDALE Avenue, Grand Rapids MI 49504
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HEAT 101 - 76ers 86 Game Recap and Infographic
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By Joe B.
Photo Credit: David Liam Kyle
The Miami HEAT fell to the Cleveland Cavaliers 114-84 Friday night at Quicken Loans Arena. Derrick Williams led the way for the HEAT with 17 points. Click here for the full recap on HEAT.com.
By Joe B.
Photo Credit: Matthew Stockman
The Miami HEAT face the Cleveland Cavaliers Friday night at Quicken Loans Arena. The HEAT defeated the Cavaliers 122-101 in their last meeting on March 19. Tip-off is set for 7:30 PM. Television coverage on FOX Sports Sun begins at 7:00 PM. You can also listen to the action live on 790 The Ticket.
1: While down for most of the second half, what led to Miami pulling within three against the Hawks on Wednesday?
Couper Moorhead: This is where we throw the statistics out the window for a bit and talk about just how much this HEAT team, even with just nine available players for a stretch of four games in five nights, just seems to keep on coming no matter the score. Even with 15 losses, Miami's net rating (pace adjusted average scoring differential) is -2.6, meaning they rarely actually get blown out. It just seems this team is allergic to being down double digits, and with players like Tyler Johnson and Rodney McGruder going all out all the time they tend to make enough hustle plays and run enough in transition to keep the team in it even on nights like Wednesday when the offense isn't quite flowing as they would want it to. That sort of grit doesn't always translate to wins, but it says a lot about the collective character of this group.
Joe Beguiristain: Pure grit. Despite having just nine available players on the second night of a back-to-back, Miami made no excuses and kept grinding. While Tyler Johnson had a career-night, both Goran Dragić and Rodney McGruder were also instrumental in the comeback bid. Dragić fought through the fatigue and did all he could in the fourth quarter, while McGruder never stopped hustling on both ends.
In short, the HEAT showed a lot of resolve to climb back and cut the deficit to single-digits a few times in the fourth. Although they ultimately fell short, you have to commend them for never giving up. That persistent mentality all starts at the top with Coach Spo, who always says that his team has enough to compete regardless of the circumstances. It remains to be seen how Miami will fare on a tough back-to-back set against the Cavaliers and Bulls, but you can rest assured that the HEAT will give it their all from beginning to end.
2: How have the Cavaliers started their season as defending champs?
Couper: As you would expect the defending champs to do. Cleveland is 15-5 with an elite offense and an overall defensive rating that, hovering around league average, probably doesn't quite tell the full story since Cleveland has so often been up early. The Cavs recently went on a three-game losing streak, with two coming on the road, against the Bucks, Clippers and Bulls, but this is one of those teams where the true story of their season will be told after April 15. It's somewhat similar to the 2014 Miami HEAT, in that respect, as that team had just come off three-straight trips to the Finals, back-to-back titles and even a 27-game winning streak – there just wasn't much left to prove in the regular season for a veteran group. So, they took a business-like approach to the regular season, won their games, and rounded into shape for the playoffs.
Joe: Outside of a three-game losing streak last week, Cleveland has started the season pretty well. In fact, the Cavaliers are the best three-point shooting team in the league, which should come as no surprise given all the weapons they have. Here's a crazy stat: Cleveland has four regular rotation players who shoot well over 40 percent from downtown. Of course, a lot of that has to do with LeBron James' ability to consistently find the open man when opposing teams send a double team his way. While that's nothing new, James is averaging a career-high 9.1 assists per game this season. Otherwise, Kyrie Irving has been superb on the offensive end, especially from mid-range.
Things haven't been as sharp for the Cavaliers on the defensive side of things, as they rank below league average in efficiency. That said, this is a team that can turn it on at a moment's notice.
3: How can Miami defend LeBron James and is narrowing it down to that one matchup even the right way to think about the Cavaliers anymore?
Couper: Similar to the situation with Carmelo Anthony and the Knicks or Paul Millsap and the Hawks, the HEAT are short a number of their best wing defenders right now. McGruder and Johnson will do the best they can, but sometimes you're just at a size disadvantage and smart, veteran players know how to take advantage of that. And with James you have the added threat of his passing so if Miami elects to try and double him in the post when he has a smaller defender on him, James will immediately find the open space on the floor. Nobody in the league has a particularly good answer for that right now, so Miami may just have to live with the results in one-on-one defense and stay disciplined in their help so as not to allow a barrage of open threes.
Joe: Like I stated in my previous response, Cleveland has so many weapons that you can't just solely focus in on James. If it's not Irving torching you from distance, it's Kevin Love, who is shooting a career-best 42.2 percent from beyond the arc. Let's also not forget the forward's 34-point first quarter against the Trail Blazers on November 23.
As such, I believe Miami should try and go at James one-on-one rather than double team him. Regardless of how much size McGruder has given up, he has made things tough on every assignment thus far. It'll be difficult either way, but the HEAT have the mental fortitude and toughness needed to compete at a high level on Friday night.
March 19-Cavaliers at HEAT
December 5-Cavaliers at HEAT
Game Notes:
The HEAT are 7-15, while the Cavaliers are 15-5. Miami has won 14 of its last 17 against Cleveland. Goran Dragić leads the HEAT in points (18.0) and assists (6.5) per game. Kyrie Irving leads the Cavaliers in scoring at 24.6 points per contest.
Efficiencies (Rank):
HEAT Offense: 100.4 (24) HEAT Defense: 103.0 (14) Cavaliers Offense: 111.0 (3) Cavaliers Defense: 105.2 (19)
By Joe B.
Photo Credit: Scott Cunningham
The Miami HEAT fell to the Atlanta Hawks 103-95 Wednesday night at Philips Arena. Tyler Johnson led the way for the HEAT with 27 points. Click here for the full recap on HEAT.com.


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Raiders quarterback Matt Schaub made it clear on Wednesday that he't worried if Oakland takes a quarterback in next month's NFL Draft.
"I'm a realist, and I understand where I am in my career," Schaub said, via CSNBayArea.com. "As you get older, teams are always going to try and find young players to come in and compete. I was one of those guys myself at one point. As a player, you just have to do your job to the best of your ability and let the chips fall where they may. I'm looking forward to helping the team in any way possible. I'm going to be the guy to lead them and show them the way."
If Schaub can get back to his 2012 form, he won't have to worry about not being the Raiders starter in 2014


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Watch Flight World War II (2015) Free Online
Flight World War II
IMDB Link:
Rating: 4.4/10 (463 votes)
Director: Emile Edwin Smith
Writer: Jacob Cooney (screenplay), Bill Hanstock (screenplay)
Stars: Aqueela Zoll, Faran Tahir, Matias Ponce, Robbie Kay
Runtime: 85 min
Rated: NOT RATED
Year: 2015
Genre: Action, Adventure, Sci-Fi
Quality: 720p HD, HD
Language: English, German
Released: 02 Jun 2015
|Plot: Flight 42 was on its way, when it comes across an unidentifiable storm. Realizing they must go through, find themselves in France, 1940, World war II. A young soldier (Robbie Kay) tells them they are in the middle of a war zone. Dodging bullets and bombs the flight will attempt to make it back to modern day, without changing history too much.
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text: Hey all, I wonder if anyone here has been curious enough to try either of these recording methods, and if so, please relay your experiences/success/failures. I have a few commericial organ recordings made with an Aachen head, but haven't heard anything that I know of recorded with a Jecklin. Just a little curiosity on a Sunday morning ... Cheers! -M


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What was your source for this sewing project? Online Photo or Website Name of website or photo Simplicity Pattern # 2300 Link to website or photo www.simplicity.com/p-5547-bags.aspx What are you most proud of? How cute it turned out. It seems like it will be very useful and helpful to someone who needs to use a walker to get around and not have to have a purse to carry. What advice would you give someone starting this project? Be sure you are familiar with how to turn tabs/straps - with the double sided quilted fabric it is more difficult than regular cotton fabric. Also, when sewing, be sure to use a heavy duty needle and go slow when sewing, as the fabric is very thick.
No completed Q&As yet.


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Much as we hate leaving home (we always feel bad not being here when our guests are) the groupie/Cornwall instincts took over. We immediately booked a holiday cottage and are happy to pass on a good tip. if ever any of you are looking for a romantic cottage for two of course please look at Tom's and Douglas's Barns. However, if you are heading to Cornwall we aren't anyway near so can't help. I am sure there are hundreds of lovely cottages there but we would have no hesitation recommending you look at another Premier Cottage property, Little White Alice
Little White Alice is very new, very ecologically 'green' and very attractive. There are seven cottages I think, a natural pool and a wood-fired hot tub, so very different from us but – swings and roundabouts and all that – we are both super but very different and in very different parts of the world so neither of us need have any fears from the other and we are very happy to recommend Simon and Rosie's cottages whole heartedly.
I didn't set off the write a blurb for Little White Alice but it sort of took over. Tomorrow I will let you know what we have been doing on our time off – more puffs for Cornwall and things Cornish! And a big puff for the Addison Singers. They are the greatest!
(Just listened to the weather forecast for tomorrow – not good- so plans for a trip to St Michael's Mount may be jettisoned…)
The Parwich Church, Hall & Legion are holding there Christmas Fayre on Sunday 4th December. The fayre will be opened by the Deputy Mayor, Councillor Denise Brown at 3pm. The church is open 3 – 5pm, the Hall and Legion 4-6pm. The Chameleon Choral Coir will perform in the Hall and the Legion and there […]
The Sycamore Inn in Parwich has recently changed manager and has a complete refurbish. The pub is fully functional now with food being served at lunchtime and at evenings. Sunday there is a Sunday Roast. Can be recommended. Congratulations to White's In Ashbourne who have been awarded The Food Awards England 2016 Restaurant of the […]
We got married at Parwich Church on 16 September 2016 at 12noon so now are Mr and Mrs Roebuck. We had our reception at Tissington Hall followed on the Saturday with a Garden Party at Orchard Farm. Great celebrations lasted for 3 days. Here are a couple of photos
Call us on01335 390 519


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I like to keep my mind and body active. So I'm usually reading, writing, running, meditating, playing music, or trying to learn something new.
Work wise, I'm a resident physician at UCSD.
Movies: Eternal Sunshine of a Spotless Mind, Dark Knight (all of them), Godfather (pt 1 & 2), Moonrise Kingdom, Memento, Fight Club, Grand Budapest Hotel, A Beautiful Mind, Big Fish, Pan's Labyrinth, Goodwill Hunting, Inglorious Bastards, Boondock Saints, Pulp Fiction, Donnie Darko, Anchorman, Blade Runner, Star Wars
Shows: Star Trek, Archer, Game of Thrones, Dr. Who, Battlestar Galactica, True Blood, Dexter, Twin Peaks, Sense 8, Big Bang Theory, Rick and Morty, Breaking Bad, Walking Dead, The League
Music: The Beatles, Led Zeppelin, Radiohead, LCD Soundsystem, Phantogram, Cafe Tacuba, Soda Stereo, Manu Chau, M83, Black Keys, Aterciopelados, STRFKR, Daft Punk, The Doors, Deftones, Joao Gilberto, Elliott Smith, Little Dragon, Electric Guest, Queen, Crystal Castles, CHVRCHES, Purity Ring, MGMT, Naked and Famous, of Montreal, At the Drive-In, Sleater-Kinney, The Smiths, Joy Division
Food: Anything really, I'll try anything twice :)


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DARIEN - In response to a the nationally known hate group Westboro Baptist Church, a group of Connecticut bike riders have renewed their pledge to come between future mourners and protesters, when invited.
The church is an anti-gay, anti-abortion and anti-U.S. military group that travels the country protesting funerals.
The Connecticut Guard Riders would provide a buffer between the protesters and those attending the funerals.


text:
- Location:
- Elgin, IL
- Price:
- Contact Seller
- Manufacturer:
- Fluke test and laboratory equipment
- Model:
Top Seller
Interested in this machine?
Verified Seller
- Condition:
- used
- Division:
- Electronic Test Equipment
- Condition info:
- Refurbished
- Subcategory:
- Meters
- Subcategory 2:
- Thermometers
80TK features:
Converts any Fluke DMM to a thermometer via standard banana plugs.
Uses Type-K thermocouple with mini-connector (one included).
Switch selectable for ºC or ºF.
Low-cost, powered by standard 9V battery.
Get email updates for Fluke 80TK


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Towards Agile CMMI Level 3: Requirement Development and Verification
This article shows how to do requirement development in agile environments, covering concepts and offering examples of how an agile team could run a CMMI for Development SCAMPI to become appraised at a targeted level 3 for the areas of requirements development and verification.
Interview and Book Review of The Technical and Social History of Software Engineering
Capers Jones wrote the book The Technical and Social History of Software Engineering in which he provides an overview of the evolution of information technology and software development. InfoQ interviewed Capers about advancements and events in software engineering and the effects that they have had on our society.
DevOps @ large investment bank
This article is part of the "DevOps War Stories" series. In each issue we hear what DevOps brings to a different organisation, we learn what worked and what didn't, and chart the challenges faced during adoption. This time a very personal story on introducing a DevOps mindset at a large bank. In particular how the automation of configuration and release management processes enabled collaboration.
Implementing Software Lifecycle Integration (Part Two)
In this article we focus on the practical steps a software delivery professional should take in implementing an end-to-end software delivery process.
Book Review: Vagrant up and running
Mitchell Hashimoto released his book "Vagrant up and running" which covers everything from basic Vagrant usage to extending its functionality.
The Case for Software Lifecycle Integration
For many, software delivery has been treated as an ancillary business process that, though very expensive, does not have the structure, rigor, or focus of other business processes. 2
Managing Build Jobs for Continuous Delivery
The number of jobs in a continuous integration tool can range from a few to several thousand, all performing various functions. There is an approach to manage these jobs in a more efficient manner. 1
Evaluating Agile and Scrum with Other Software Methodologies
Capers Jones compares the effectiveness of Agile and Scrum with a sample of contemporary software development methods using several standard metrics. 19
Interview and Book Review: Enterprise Software Delivery
"Enterprise Software Delivery" is the latest book by Alan W. Brown, and is a must-read guide for anybody concerned with the development and delivery of software in a large organisation.
Automated Builds: How to Get Started
In this article, we will take a common example of a corporate web application for a fictional financial institution, and walk through fully automating their build process. 1
Integrated ALM Tools Are Fundamental to Success
The software business has moved from ancillary to mission critical. This teams must start thinking about how to best integrate their delivery disciplines, creating a holistic integrated ALM approach. 2
Automated Builds: The Key to Consistency
If there's one thing developers are good at, it's automating things that used to be done manually. However, development teams often neglect the one audience that would benefit the most - themselves.


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Product Description
MBRP XP Series 3" Cat-Back Exhaust System with Black Tips for all 2013, 2014, 2015 and 2016 Focus STs.
Increase the horsepower and torque of your 2013-2016 Focus ST with a top of the line exhaust system. This XP Series 3" Cat-Back Exhaust System with Black Tips designed by MBRP exclusively for CJ Pony Parts will open up the air flow of your ST, allowing it to breathe much better for improved performance.
As with all MBRP products, you can expect high performance gains with this cat-back exhaust for your Focus ST. Best of all, you don't even need a tune to use this cat-back exhaust! You are sure to feel the ST's 2.0L EcoBoost engine come to life as it breathes more efficiently with the 3" diameter exhaust pipes. This cat-back will also give you what some may say is arguably one of the best exhaust notes for the Focus ST.
Exclusive to CJ Pony Parts, this MBRP cat-back exhaust was designed to handle anything thrown at it, from salt and rocks, to tar and grime. It has been constructed from sixteen gauge T409 stainless steel, with a mirror polished finish, making the underside of your Focus ST look as good as it sounds. The dual tip center exhaust is made from dual wall T304 stainless steel with a black finish for a clean, simple look for the rear end of your 2013-2016 ST.
MBRP Cat-Back Exhaust S4200409BLK Features and Benefits:
- Increased horsepower and torque
- 3" diameter
- Constructed from sixteen gauge T409 stainless steel
- Polished mirror finish
- Black dual wall T304 stainless steel exhaust tips
- Exclusively sold at CJ Pony Parts
Please Note: Ford designed the 2015 Focus ST with four exhaust hangers but only added three on the factory exhaust system. All aftermarket exhaust systems are built to use that fourth exhaust hanger. CJ Pony Parts recommends the purchase of COBB's Polyurethane Exhaust Hanger Kit (591001).
Each exhaust system is designed with the lowest bend degree angles and smooth mandrel bends so exhaust gases have an easier exit path. This creates faster moving exhaust gases, reduces exhaust gas temperatures and flows much better than stock exhaust. Hundreds of test miles and hundreds of hours are invested into every MBRP system to provide you with the best sound and best performance improvement. Rigorous testing procedures ensure every component will fit as expected. MBRP designs their exhaust kits to be user friendly with simple bolt-on installation. Includes installation instructions.
Order this MBRP S4200409BLK XP Series 3" Cat-Back Exhaust System with Black Tips for your 2013, 2014, 2015 or 2016 Focus ST from CJ Pony Parts today!
Similar Focus PartsMore Focus ST Parts
Installation Instructions
Product ReviewsWrite a review
Product Questions
I'm interested in buying the cut-back exhaust system XP series 3" with black tips for my 2016 focus st, it looks like it's not in stock, any idea when it will be available to purchase?
Are the black tips 4" diameter also? There is no mention of the size for the system with black tips. Thank you in advance.
does this exhaust require a tune or can i run the factory map for a little while?
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Nomiku Kickstarter: Why WiFi?
We're heading into the homestretch of our Kickstarter campaign for the new wi-fi connected Nomiku!
We've had some questions about why and how we decided to implement WiFi with our app–and it's a great question. Hear what our Creative Director and CTO have to say about using your Nomiku with our app, Tender, and how having a WiFi capability provides a stable connection between you and your Nomiku (as opposed to Bluetooth) and allows for connectivity to other wearable devices.
And don't forget to share our project–we want to change the future of food and we can't do it without your help!
We can do it!
The Nomiku Team


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Mick Taylor terrorises and murders a family of American tourists–but teenage daughter Eve escapes and embarks on a plan of revenge.
Underbelly: Badness chronicles the spider web of criminality spun by Anthony Perish and the quest by a dedicated team of police to bring him and his associates to justice. A feared underworld figure, Perish managed to maintain an almost non-existent public profile, which was only revealed when his connection to the murder of Terry Falconer, a former inmate of Sydney's Silverwater jail, brought him to the attention of Strike Force Tuno, which was formed to find Falconer's killers. Displaying an extraordinary level of perseverance and determination, Strike Force Tuno, led by Detective Inspector Jubelin spent ten years gathering the evidence that would finally see Perish brought to justice.'
(Source: Inside Film website)
'In 1998 two masked bandits undertook a series of hits on Asian restaurants in Melbourne, leaving a dire message for victims to give police: "Tell them Lucifer was here." A police sting known as Operation Hamada was set up to get them. But in the middle of a stakeout, two policemen Gary Silk and Rod Miller were killed in cold-blood on a lonely street in Moorabbin.'
Source: www.tvtonight.com.au (Sighted 05/10/2011).


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Videos: Billboard Music Awards 2011 Live Performances – Taio Cruz, Britney Spears, Nicki Minaj, Beyonce, Rihanna, & more
Last night were the 2011 Billboard Music Awards in Las Vegas. As every awards show, a lot of trophies, speeches, and live performances.
The last one is what you will see here, so if you want to know who won what or who wore what, it's over there.
Check out all the performances from that night, with performances by Beyonce, Rihanna, Britney Spears, Nicki Minaj, Taio Cruz, The Black Eyed Peas, Far East Movement, Snoop Dogg, Lil Wayne, Ke$ha, Mary J. Blige, and Cee-Lo.
Videos after the break.
Enjoy! :)
Beyonce – "Run The World (Girls)"
Cee-Lo Green – "Crazy", "Bright Lights Bigger City" and "
Fuck Forget You".
Rihanna – S&M Remix (feat. Britney Spears)
Nicki Minaj – Super Bass/Till The World Ends Remix (feat. Britney Spears)
Mary J. Blige – Someone to Love Me (Naked) (feat. Lil' Wayne)
Ke$ha – Animal/Blow
OneRepublic, Far East Movement & Snoop Dogg
Black Eyed Peas – Just Can't Get Enough/I Gotta Feeling
Taio Cruz - Break My Heart/Dynamite
Related Posts
LMFAO – Party Rock Anthem (Benny Benassi Club Mix) Next Story »
5 Tracks You Need To Have In Your iPod This Week


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James Bawden
Sunday, December 4, 2016
I Remember Earl Hammer Jr.
So there I was in Los Angeles in July 1972 and the chief publicist for CBS Mary Lamm was driving me to the set of a new series titled The Waltons.
"Hasn't premiered yet," she told me as her car zoomed through the back lot at Warner Bros.
We stopped at an imposing soundstage and inside the interiors of the Walton family home had been laid out. It was lunch break so there were no actors present.
Then we walked over to an administrative building and into the offices of creator Earl Hamner Jr. Hamner died in March 2016 but I haven;t had time until now to salute this kind and courageous man.
First reaction: he sure was homespun as he related true tales of his life in the Blue Ridge Mountains.
Hamner had recounted childhood memories in the 1963 novel Spencer's Mountain which Warners had made into a 1963 flick with Henry Fonda and Maureen O'Hara "which I positively loathed."
I immediately typed him as a courtly Southern gentleman but this day there were tears in his eyes.
His pet turtle was sick, he confessed. Or was it his secretary's?
We talked about many things that afternoon particularly his thesis that Canadians were lost Southerners --or rather Tories loyal to the British crown who had to emigrated to Canada but never lost their heritage.
Hamner was born in 1923 in Schuyler, Vermont, the oldest of eight children --three girls, five boys and "all tow heads".
"Dad was a machine operator in Waynesboro who lived away from the family but walked home on weekends the entire six miles and "this was the inspiration for the 1971 special introducing the family to TV viewers."
CBS snapped it up as a potential series to star Richard Thomas.
"It broke my heart when they said our original actors Pat Neal and Andrew Duggan were too old to play the parents in the series. But the network had full casting rights. And the substitutes were Michael Learned and Ralph Waite. Then Edgar Bergen said he wouldn't do a series and he was replaced by Will Geer."
Hamner once said --but not to me --that Richard Thomas made a better John Boy "than I ever could."
But here's the catch: CBS scheduled the new series Thursdays at 8 directly opposite NBC's Flip Wilson then the number one U.S. series.
Hamner showed me the letter from the CBS president which merely stated "Make us proud."
And CBS then forked over $4 million dollars for set contruction and casting.
By the second season Flip Wilson had been destroyed and The Waltons was number two in the national ratings although it always underperformed in the great cities.
Hamner opened and closed every episode with his narration and each episode famously closed with the siblings saying goodnight to each other.
Over the years The Waltons garnered 39 Emmy nominations including 13 wins and in 1873 was names best drama series.
In 1981 The Waltons closed and Hamner's second show went into production for Lorimar: Falcon Crest.
Again I was back in his office as he explained this one: _The Waltons was about a family with no money. Falcon Crest is about a family with too much money."
Hamner wanted to cast Barbara Stranwyck as the imposing matriarch but wound up with Jane Wyman.
Both invited me to a press screening that was a disaster.
The pilot was titled The Vintage Years and had Wyman in a white wig with a crazy daughter up in the tower.
As the lights came on Wyman took over, ordered several cast members fired and virtually produced a new pilot that was a hit.
The series lasted nine seasons but Hamner quit after the fifth season because "it's really not my kind of show." THe reality was it made more money for him as creator than The Waltons.
Hamner was drafted in 1943 and later attended the University of Cincinnati where he wrote his first script --for the Dr. Christian series, He worked as a staff writer for NBC Radio in New York.
He later wrote eight scripts for CBS's The Twilight Zone and later wrote for such series as Gentle Ben, Nanny And The Professor and Apple's Way another series he created.
His wife Jane was an editor at Harper's Bazaar and they had two children Scott and Carole.
But I'll always remember that first time in his office in 1972 and his fearless prediction The Waltons "just might last a season or two."
Posted by james bawden at 10:00 PM No comments:
Friday, December 2, 2016
I Remember Grant Tinker
I haven't thought of TV icon Grant Tinker in some time.
But the news that he had died at his Beverly Hills home aged 90 hit me hard and I'm still trying to digest it.
I was lucky to get two long interviews with Tinker, the unassuming TV genius who changed the face of American television.
I remember a huge party hosted by Tinker and his then wife Mary Tyler Moore at Chasens eatery in Beverly Hills--it was on the second floor and there were 100 U.S. TV critics present.
At each table sat an MTM star.
MTM studios was then (in 1977) the premiere TV studio churning out such hits as Mary Tyler Moore, Bob Newhart, Rhoda, Phyllis.
"I get more requests for the tapes of Texas Wheelers," Tinker told me with a laugh. "It's one that failed because it was in the wrong time slot.
Originally an advertising executive, Tinker later became head of Universal TV and was responsible for such hits as Marcus Welby before going out on his own.
His first creation was The Mary Tyler Moore Show (1970) starring wife Moore and stocked with a gaggle of scene stealers including Asner, Harper and Leachman --later Betty White would join the cast.
The show had a run of seven years and as Tinker told me "We should have tried for a few more years."
Spinoffs included Rhoda, Phyllis and Lou Grant and the easy going Tinker said he merely rounded together the best available writing talent including Jim Brooks and Allan Burns.
It was a formula replicated in such later quality series as The White Shadow and Hill Street Blues.
"Rhoda was a big hit at first," Tinker said. "Phyllis bombed because she was too outrageous a character to be front billed. Lou Grant was a completely different challenge --a sitcom co-star who was changed into a dramatic figure."
When I first visited Tinker he had the corner office in MTM Studios which had started out as Republic studios. It wasn't a huge, imposing place but comfy with a lot of sofas because Tinker spent his days working with his writers and producers.
Later I met him again when he was president of ailing NBC which he turned around with such quality series as Cheers and Hill Street Blues.
When cable came in and the big networks started leaking viewers Tinker told me "I guess I miss the days of the Big Three networks but I admit there were too many cookie cutter shows. We should have tackled more cultural shows instead of madly dashing for ratings with sometimes inferior series."
Betty White once told me "When Grant and Mary separated in 1980 I was floored. My husband and I went out to dinner with them that very night and they were completely civil and I wanted to cry. An era was ending that night."
When I later asked Tinker at a press conference what he thought of Moore's decision to return to sitcoms in 1985 he quipped : "She'd better hurry at her age is all I can say."
Then he immediately said "Don't print that. I was being very catty."
Later I interviewed his son John Tinker on the set of his series St. Elsewhere and thought how much he resembled his father in his insistence on quality.
MTM Studios no longer exists. The studio was sold off, but MTM Productions can still be seen in reruns.
But the Tinker touch of magic is still being practised in a handful of shows that focus on quality and highlight fine writing anmd casting.
Posted by james bawden at 1:27 AM No comments:
Sunday, November 20, 2016
Discovery's Frontier Is Sheer Fun
I remember in my august history classes at the University of Toronto we were always taught what a peaceable kingdom Canada was --and is.
But all that gets dispelled with merry abandonment in the rollicking new six-part series from Allan Hawco titled Frontier and currently running on Discovery Sunday nights at 9.
The scripted series has already been renewed for a second season and the premiere attracted almost 600,000 hearty Canadian viewers which is a new high for a cable drama.
And in an unique programming partnership Frontier will soon be seen on Netflix as well.
For me this one is a guilty pleasure just as much fun as Reign.
Characters snarl at each other, brawl, kill with glee and the scenery is threatening in all its savage beauty.
Filming of the second season is now underway in St,. John's (Newfoundland), Cape Breton Island and Cornwall (U.K.).
Starring are Landon Linoiron (Hemlock Grove), Alun Armstrong (Braveheart), Zoe Boyle (Downton Abbey), Allan Hawco (Republic Of Doyle), Jessica Matten (Red Girl's Reasoning), Shawn Doyle (House Ofd Cards).
The saga is the fur trade and the early days of the Hudson's Bay Fur Trading Company.
Does anybody out there remember the terrible 1941 Hollywood saga with Paul Muni as Radisson? If you don't you're truly lucky it was that awful.
Declan Harp (Momoa) is the Irish-native outlaw who trying to wrest control of the lucrative trade.
Lord Benton (Alun Armstrong) must travel to the frontier of James Bay to try and teach this upstart a lesson.
A stoway on his voyage Michael Smyth (Landon Liboiron) is conned into getting close with Harp and help Lord Benton's side.
Then there's Samuel Grant (Shawn Doyle) who wants to get in on the lucrative business.
The Blackie brothers have created a rollicking saga and like Reign it might be too historically correct but it sure is fun.
And those of you with very long memories swill recall a CBC series from 1958 titled Radisson --the last time I lcontacted at the CBC archives I was told no copiers exist at all!
Posted by james bawden at 11:06 PM No comments:
Wednesday, November 16, 2016
Vital Bonds Will Challenge You
I had just about determined I would not watch Vital Bonds, CBC-TV's new documentary on organ donors.
That's because I had a dear friend who did not long survive his heart transplant and after a decade ago memory is still painful to me.
Then curiosity got the best of me and I thought I'd watch the first 10 minutes.
Well, the next thing I realized was I'd watched the entire hour --it's that well made, an often brilliant pastiche of interviews with survivors and donors' families stitched in with min-profiles of the doctors and nurses who seem to toil around the clock.
You can check it out on CBC-TV's The Nature Of Things Thursday night at 8.
This one could have degenerated into a welter of statistics.
Hey, I go way back with NOT and I remember a similarly riveting documentary at least a decade ago directed by David Tucker that looked at the inner workings of a big city heart and stroke unit.
Now it's director Niobe Thompson's chance to weave threads of true stories into one cohesive whole and keep us watching through all those disparate themes.
I knew in advance Thompson might be up to it based on such docus he'd made like Tipping Point: Age Of The Oil Sands and The Perfect Runner.
Thompson has the ability to personalize a subject and here he concentrates on intense close-ups of the faces of people desperately needing transplants or they will surely die.
This one could have degenerated into a welter of statistics.
Instead we are instantly engrossed in the study of Lee whose every gasp of air is difficult.
And there is a distressed baby Harlow, a mere two-year old, whose young parents understand if she doesn't get a heart transplant very quickly she will expire.
And surely one theme is how many patients die before an organ becomes available.
And what about 28-year old Matthew who is brain dead after a terrible accident and now his parents must decide whether to permit his organs to be harvested.
The excruciatingly painful decisions by the parents is captured here in all its awfulness--they are certainly brave.
And we learn one donor can save up to eight lives and enhance 75 lives.
And we're told 246 Canadians died waiting for that elusive transplant.
Set mostly at an Alberta hospital, it shows how transplants east of Quebec cannot be accepted simply because the time of air transport is over five hours.
The strangest scenes are those of hope and we see if science can truly clone organs --the answer is not yet but the research is fascinating.
At the Texas Heart Institute we see researchers "washing" cadavers of their living cells
and using stem cells to fill the matrix of connective tissue.
And clinical trials with human patients using the re-grown human hearts may be just five years in the future.
At the end we see who gets heart transplants and how they have fared --I can't reveal names here.
In other words Vital Bonds takes us all on a vital journey of growth and renewal.
Tuesday, November 15, 2016
How To Prepare For Prison Is A Must See
Of course I immediately wanted to watch How To Prepare For Prison as I soon as I spotted the brilliant title.
But when I popped in the preview DVD there was a space of about 10 minutes when the sound went off.
I kept watching anyway because of the terrific images which are riveting --most TV documentaries are shot in a flat, unimpressive style.
Here the images are muted, sometimes in silhouette as the camera lingers over eyes filled with tears, lonely figures on the landscape and sometimes grit and determination.
That's because director Matt Gallagher also functions as cinematographer.
Check it out Wednesday night at 9 on TVOntario (available the next day on tvo.org).
Gallagher has produced a real winner, the kind of challenging premise one used to find all the time on CBC but here it's TVOntario.
I was once accused at university of a crime which I never committed --it was somebody else with a similar name!
But it took me weeks and a high priced lawyer to clear my name so I know all about that creeping feeling of sickness in the stomach and night sweats and trembling.
This is the real reality TV --we come to know these accused as caring, feeling people trapped in a system they do not full comprehend.
What astonished me was Gallagher's compassion,his refusal to pass judgment and his constant search for the humanity of each of these accused subjects.
Are they innocent or guilty? Or is it the system which does not seem to always work.
Some viewers may wonder why Gallagher has selected both American and Canadian accused subjects.
And I think I know the reason : with the Americans we get to go into the courtroom and watch how justice is meted out.
But cameras are not allowed in Canadian courtrooms which I think reduces the degree of tension in tv storytelling.
Gallagher shows the judicial system is a competitive race of retribution versus rehabilitation.
And here we meet Lee Burrell, a Dallas man sentenced to four decades in jail after a botch armed robbery --he was shot in his legs and these days gets around legless in a wheel chair.
The tension of watching these people wait around for their sentencing is palpable --I simply couldn't turn away.
Gallagher who is also a skilled interviewer spent three years talking to judges, lawyers, family members and even the police.
What these accused have to go through as they await their future is, I submit, a form of cruelty in itself.
We meet the three accused and we feel for them as caring people.
There's Joe who was arrested for marijuana production --he says he rented out a facility --and traffickers were growing marijuana and he never knew what was going on.
The toll on his wife and little children is unbelievable.
Then there's Detroit based Demarco who is accused of striking a female which he denies --he is coming out as gay and feels intense pressure from this charge.
And there's Alberta's Christy accused of embezzlement --she says she lost her baby because of the ongoing tension and her husband left her.
Then she hires a prison consultant who coaches her on what to expect if she is indeed sentenced to a jail term.
I won't give away the three endings but viewers will surely suffer along with the accused.
I think viewers will surely wonder how they'd react in similar circumstances.
And I think that emotion makes How To Prepare For Prison a TV documentary to be remembered.
Posted by james bawden at 7:11 PM No comments:
Thursday, November 10, 2016
Black Watch Snipers: Must See TV
The best way to observe Remembrance Day ? Reserve time to watch the brilliant new documentary Black Watch Snipers which premieres Friday night at 9 on History.
Look, I thought I knew a fair bit about Canada's role in World War II But Black Watch Snipers opens up a whole new perspective.
It's a docudrama finely directed by Robin Bicknell (for Yap Films) that profiles four young Canadians from Montreal's Black Watch regiment who operated behind German lines.
The four survivors interviewed here are Jimmy Bennett, Jim"Hook" Wilkinson, Russell "Sandy" Sanderson and Mike Brunner.
"They were very young men then," Bicknell says. "And now they are very aged, at the ends of their lives. And the stories just came pouring out, Many of these harrowing details they had never even told to their families."
The story has texture and substance through their shared experiences of working under a charismatic leader --Ontario's Dale Sharpe and I'm not giving anything away by saying he died in battle aged just 27.
Says Bicknell :"His family never knew much of this story, they never knew his truly heroic characteristics. He led his men brilliantly."
Certainly the most heart wrenching moment comes when his son comes to the simple graveyard in Holland and begins talking to the dead father he barely knew.
"That just came out," Bicknell says. "And it tried everything together, the young father who died heroically, his son now old himself.
And he had never been there--perhaps he felt it would be too much. But it becomes a sort of tieing up of the story."
Over 5,000 Canadians served in the Black Watch but time has taken most of them and less than 20 are still alive.
"We ended up traveling across Canada and interviewing just eight survivors. We use four of these stories here --we may do another film on the others."
The four she chose were all fast friends back then and have stayed in touch at reunions.
"Their memories were so strong. They could describe every minute of their heroic encounters. They operated behind the German lines collecting information on troop movements and causing disruption."
And here's where this film becomes particularly important although in a macabre way.
"We got to two of them just in time. Two have died --Sanderson and Wilkinson. This is their bequest because they tell a story few know anything about."
Because so much of the work of the snipers was done undercover very little actual footage exists.
Bicknell brilliantly uses dramatic recreations shot at Elora, Ontario with actors and period weapons and uniforms to show the utter confusion of these battles.
In one true scene a large number of German soldiers were rounded up and captured by just one Canadian sniper who pretended to have other Canadians hidden in the nearby woods.
"In one new scene I bring them together except Bennett who could not fly and we took them to a rifle range and their sharp shooting was still completely accurate!
"In some Dutch towns I found old people who were children when the Canadians liberated them and it's a touching moment because they can recall every thing vividly. It's an example of living history jumping out at you."
An hour earlier comes an equally fascinating new documentary War Story in which veterans of conflicts in Korea, Afghanistan, Bosnia and Vietnam talk to each other and director Barry Stevens and find they have the same problems despite different distances from their wars.
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text: What was your source for this quilting project? Online Photo or Website Name of website or photo Project Pattern Link to website or photo craftygemini.blogspot.com/p/free-tutorials-by-crafty-gemini.html What are you most proud of? That i was able to follow her video tutorials on You Tube to make my very first quilt. It is currently a work in progress. What advice would you give someone starting this project? Give it a try... It's so much fun to make the blocks then post our photos on facebook and share notes etc. :)