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United States District Court, E.D. Pennsylvania
April 30, 2004.
POCONO INVITATIONAL SPORTS CAMP, INC., AND EASTERN INVITATIONAL BASKETBALL CLINIC, INC., AND FUTURE STARS BASKETBALL, LLC., AND FIVE-STAR BASKETBALL CAMP, INC., AND BLUE STAR PRODUCTIONS, INC., Plaintiffs
NATIONAL COLLEGIATE ATHLETIC ASSOCIATION, Defendant
On November 9, 2000, plaintiffs Pocono Invitational Sports Camp, Inc.
("Pocono"), Eastern Invitational Basketball Clinic, Inc. ("Eastern"),
Future Stars Basketball, LLC ("Future Stars"), Five-Star Basketball Camp,
Inc. ("Five-Star"), and Blue Star Productions, Inc. ("Blue Star") brought
this action against defendant National Collegiate Athletic Association
("NCAA"). Plaintiffs alleged two antitrust violations under the Sherman
Antitrust Act, 15 U.S.C. § 1 and 2, and one count of tortious
interference with contractual arrangements and prospective contractual
arrangements.*fn1 Jurisdiction is based on the existence of a federal
question. Defendant has moved for summary judgment on all counts. For the reasons set forth
below, I grant defendant's motion.
I. FACTS*fn2
A. The Parties
Plaintiffs are operators of for-profit summer basketball camps for
children and teenagers. (JSMF ¶ 26.) Plaintiffs also conduct a
variety of other youth basketball events and activities, including
shootouts, tournaments, travel teams, and leagues.*fn3 (Id.)
Defendant has acknowledged that the plaintiffs in this case operate some
of the finest summer basketball camps in the United States. (Pl. SMF
¶ 4.)
Defendant NCAA, formed in 1905, is a non-profit, voluntary
unincorporated association of approximately 1260 colleges, universities,
athletic conferences and affiliated organizations. (JSMF ¶ 1,
see also NCAA v. Bd. of Regents, 468 U.S. 85 (1984).) According
to the NCAA Constitution, the purposes of the NCAA are, among other things,
"[t]o uphold the principle of institutional control of, and
responsibility for, all intercollegiate sports in conformity with the
constitution and bylaws of [the NCAA]," "[t]o formulate, copyright and
publish rules of play governing intercollegiate athletics," and "[t]o
legislate, through bylaws or by resolutions of a Convention, upon any
subject of general concern to the members related to the administration
of intercollegiate athletics." (NCAA Constitution, Article 1.2.) One of
the NCAA's many responsibilities is the regulation of coaches' recruiting
of prospective student-athletes ("prospects"). (Def. SMF ¶ 12.) The
NCAA Constitution includes a statement of the "basic purpose" of
amateurism, which guides the organization's regulation of recruiting:
The competitive athletics programs of member
institutions are designed to be a vital part of
the educational system. A basic purpose of this
Association is to maintain intercollegiate
athletics as an integral part of the educational
program and the athlete as an integral part of the
student body and, by so doing, retain a clear line
of demarcation between intercollegiate athletics
and professional sports.
The NCAA Constitution also provides a Principle of Recruiting:
The recruiting process involves a balancing of the
interests of prospective student athletes,
their educational institutions and the
Association's member institutions. Recruiting
regulations shall be designed to promote equity
among member institutions in their recruiting of
prospects and to shield them from undue pressures
that may interfere with the scholastic or athletics
interests of the prospects or their educational
Although the NCAA does not own, sponsor, or operate any youth
basketball camps, some of the NCAA member institutions do own and operate
camps ("institutional camps"). These institutional camps compete with
plaintiffs' camps ("non-institutional camps") for campers. (Pl. SMF ¶ 9.) One notable difference between institutional and
non-institutional camps is that institutional camps are subject to NCAA
rules, including the entirety of the NCAA's amateurism and recruiting
bylaws. (Def. SMF ¶ 55, NCAA Bylaw 13.13.) Among other things, these
guidelines require that institutional camps be open to any and all
entrants. Plaintiffs' non-institutional camps, on the other hand, are
free to be selective. Non-institutional camps are not subject to the
NCAA's direct control, although they are indirectly affected by many NCAA
recruiting rules.
B. NCAA Regulating Activity and the Challenged
Under its constitution, the NCAA membership adopts and amends its
various bylaws and regulations to advance the organization's principles.
(NCAA Constitution, Article 2.01.) Plaintiffs challenge certain
regulations affecting the recruiting of Division I basketball players at
their summer basketball camps.*fn4 Specifically, plaintiffs challenge
three of these NCAA recruiting regulations as anticompetitive: (1) the
NCAA requirement that Division I coaches can only evaluate prospects at
non-institutional basketball camps if the camps are certified by the NCAA
(Bylaw 13.13.3) and the requirements with which non-institutional camps
must comply in order to be certified (Administrative Regulation
§ 30.16); (2) the reduced number of days coaches are permitted to
visit plaintiffs' camps; and (3) the prohibition of Division I men's
basketball coaches from accepting employment with non-institutional camps attended by
prospects (former Bylaw 220.127.116.11.2, in effect from 1990 to 2001).
I will describe each of the challenged recruiting regulations in turn.
The Certification Requirement and Process
Plaintiffs object to both the existence of the certification
requirement, and the certification process. Since 1993, Division I
basketball coaches are only permitted by the NCAA to attend (1)
institutional camps and (2) non-institutional camps certified by the
NCAA. (JSMF ¶ 71.) In order for a summer basketball event in men's
basketball to be certified, an application form must be submitted to the
NCAA forty-five days before the camp begins. The following criteria must
be met:*fn5
A comprehensive financial disclosure of
information related to the operation of the
event (and any team participating in the
event) [must be submitted];
Admissions fees charged to all event
participants must be similar;
No air or ground transportation or other
gifts or inducements shall be provided to the
event participants or their coaches or
A prospective student-athlete who attends
an NCAA certified event shall not retain any
athletics equipment or apparel provided for
his use at the event other than an event
T-shirt. All other apparel (e.g. shoes or
shorts) may be retained only if the prospect is
charged the normal retail value of such items
(as opposed to the event's cost in purchasing
the items); Compensation provided to event personnel
shall be commensurate with the going rate for
event personnel of like teaching ability and
event experience;
The event or tour shall include a
comprehensive educational session presented
in-person or in a video format that includes
a review of regulations related to
initial-eligibility standards, gambling, agents
and drug use (Revised January 13, 2003)',
An event operator, staff member of a league
or member of any team may not participate if the
individual has been found guilty or pleaded
guilty in a court of law for having been
involved in sports bribery, point shaving or
game fixing;
The event shall not be conducted in a venue
where sports wagering on intercollegiate
athletics is permitted, or on property sponsored
by an establishment that permits sports wagering
on intercollegiate athletics or branded with
signage for such an establishment; The event
(and any team participating in the event) shall
not be operated or managed by any individual or
agency involved in the marketing of any
individual's athletics reputation or ability;
The event (and any team participating in
the event) may not receive financial support
from any individual or agency involved in
marketing any individual's athletics reputation
or ability or any representatives of an NCAA
member institution's athletics interests that is
assisting or has assisted in the recruiting
Individuals involved in coaching activities
must have been approved in accordance with
guidelines established by the NCAA basketball
certification staff (Revised January 13, 2003);
Participants on nonscholastic teams must be
legal residents of the state in which the team is located or a geographically adjoining state
and not more than a total of three prospects
from adjoining states may participate on any one
nonscholastic team (Revised January 13, 2003);
A participant may receive an award,
provided the cost of the award is included in
the participant's entry fee (Adopted January
13, 2003).
The institutional camps are not subject to the certification
requirements, but are required to abide by all NCAA amateurism and
recruiting bylaws. These bylaws require that institutional camps, among
other things:
ust be open to any and all entrants (Bylaw
are not permitted to pay a prospect's
expenses to attend camp (Bylaw
may only give prospects awards with the
understanding that the cost of such awards
is included in the admissions fees (Bylaw
must include an educational session
detailing NCAA initial-eligibility
standards to all camp participants (Bylaw
In 1981, the NCAA developed a complex recruiting calendar for Division
I men's basketball. (JSMF ¶ 76.) The recruiting calendar is divided
by type of permitted coach activity, and there are four types of
recruiting periods: Contact periods, Evaluation periods, Quiet periods
and Dead periods. The NCAA bylaws describe the periods as follows:
Contact Period: that period of time
when it is permissible for authorized athletics
department staff members to make in-person,
off-campus recruiting contacts and evaluations.
(NCAA Bylaw 13.02.4.1)
Evaluation Period: that period of time
when it is permissible for authorized athletics
department staff members to be involved in
off-campus activities designed to assess the
academic qualifications and playing ability of
prospects. No in-person off-campus recruiting
contacts shall be made with the prospect during an
evaluation period. (NCAA Bylaw 13.02.4.2)
Quiet Period: that period of time when
it is permissible to make in-person recruiting
contacts only on the member institution's campus.
No in-person, off-campus recruiting contacts or
evaluations may be made during the quiet period.
(NCAA Bylaw 13.02.4.3)
Dead Period: that period of time when
it is not permissible to make in-person recruiting
contacts or evaluations on or off the member
institution's campus or to permit official or
unofficial visits by prospects to the
institution's campus. The provision of
complimentary admissions to a prospect during a
dead period is prohibited, except as provided in
Bylaw 188.8.131.52 for a prospect who visits an
institution as part of a group. During such a dead
period, a coaching staff member may not serve as a
speaker at or attend a meeting or banquet at which
prospects are in attendance, except as provided in
Bylaw 220.127.116.11, and may not visit the prospects'
educational institutions. It remains permissible,
however, for an institutional staff member to
write or telephone prospects during such a dead
period. (NCAA Bylaw 13.02.4.4)
Plaintiffs claim that giving their campers the opportunity to display
their skills before Division I college basketball coaches, which can only
occur during the evaluation period, is essential to the success of their
camps.*fn6 (Pl. SMF ¶ 10.) Accordingly, plaintiffs factor the NCAA
recruiting calendar into their camp schedules.*fn7 However, plaintiffs
concede that they cannot and do not guarantee to campers that any
Division I coaches will attend the camps to observe the campers. (JSMF
¶ 94.)
Although plaintiffs claim that the NCAA permits observations and
evaluations to take place at institutional basketball camps throughout
the months of June, July and August, defendant claims that institutional
camps are never permitted to have formal observation and evaluation of
players by Division I coaches. Plaintiffs have offered the following
evidence in support of their claim that the institutional camps permit
observation and evaluation throughout the summer: (1) the text of NCAA
Bylaw 220.127.116.11.2: "An institution's football or basketball camp or
clinic may be conducted only during the months of June, July and August,
unless such activities meet the provisions regarding developmental
clinics set forth in Bylaw 220.127.116.11"; and (2) the deposition of Wilbur
H. Klein, a representative of plaintiff Five-Star, which suggests that
observation and evaluation occur by Division I coaches who are employed
by the institutional camps. Plaintiffs offer no evidence suggesting that
a Division I coach who is not employed by an institutional camp can
observe and evaluate prospects at that camp outside of the official
evaluation period, nor any evidence that Division I coaches employed by
institutional camps are permitted to formally evaluate players while
coaching them.*fn8
The Coach Employment Prohibition
According to plaintiffs, it is significant to the success of a summer
basketball camp that the participants be exposed to, and taught by, the
most knowledgeable, capable and experienced coaches available. (PL SMF ¶ 11.) From 1990 through 2001, the
NCAA prohibited Division I college basketball coaches from being employed
by or lecturing at non-institutional basketball camps, though these
coaches were permitted to coach and lecture at institutional basketball
camps. (NCAA Bylaw 220.127.116.11.2.) This restriction was lifted for the 2002
summer camp season.
C. The Parties' Explanations for the Bylaws at Issue
Not surprisingly, the parties offer very different explanations for the
challenged recruiting regulations.
Plaintiffs claim that the NCAA enacted the rules and regulations at
issue in this case "in order to protect institutional basketball camps
and to harm non-institutional basketball camps." (Pl. SMF ¶ 26.)
Plaintiffs also claim that the "NCAA [has] threatened to destroy
non-institutional basketball camps." (Pl. SMF ¶ 27.)
Defendant responds that its regulation of the recruiting of
student-athletes is intended to protect the young prospects from being
exploited, and that this regulation has been in place for decades.*fn9
Defendant further states that the contested recruiting regulations were
instituted in response to a growing concern that the summer evaluation
period had become "cancerous" and that the campers were subjected to too
much pressure. (Def. SMF ¶ 74.) Defendant has responded in detail
about each of the three challenged recruiting regulations, and I will
summarize each explanation briefly. As for the certification requirement, in 1991, in response to a
report*fn10 prepared about the problems in summer recruiting, defendant
considered sponsoring or running its own summer camps. The NCAA
ultimately rejected this idea, and decided instead to develop a
certification program for non-institutional camps. (JSMF ¶ 71.)
Division I coaches would only be permitted to attend and evaluate
prospects and non-institutional camps that complied with the
certification requirements. (Id.) In this way, defendant was
not exercising direct control over the non-institutional camps, but
rather over the coaches, who are employees of NCAA member institution
Turning to the reduction in the evaluation period, in August 1998, the
NCAA Division I Board of Directors created the Division I Working Group
to Study Basketball Issues to examine issues impacting basketball,
including recruiting and the summer evaluation season. (JSMF ¶ 81.)
Among the problems discovered by the Working Group were street agents
taking advantage of prospects, the summer season hurting prospects by
making them miss classes and tests, and a lack of parental involvement
which exposed the prospects to exploitation by "street agents, runners,
and hangers-on." (Def. SMF ¶ 82.) After a year of meetings and
information gathering, the Working Group identified goals for the
recruiting rules, which included increasing the importance of scholastics
and decreasing the impact of nonscholastic external influences in
basketball student-athlete recruitment. (Def. SMF ¶ 82.) The Working Group was
eventually replaced by a standing subcommittee, the Basketball Issues
Subcommittee. (JSMF ¶ 81.)
The reduction in evaluation period days from 24 to 14 for the 2000
summer camp season resulted from the NCAA Board of Directors' approval of
one of several proposals aimed at promoting amateurism. The NCAA detailed
as its rational for the proposal, among other things, to "decrease the
impact of nonscholastic external influences in the recruitment of
prospective basketball student-athletes." (Def. SMF ¶ 87.) In
response to concerns that too much of the evaluation period occurred in
the summer when prospects are away from their parents and high school
coaches, at the same time that the summer evaluation period was reduced
by 10 days, the number of evaluation days permitted during the academic
year was increased from 40 days to 50. Graham Spanier, President of
Pennsylvania State University, who served on the NCAA Board of Directors
and the Executive Committee that approved the change in evaluation days,
was deposed on the question of what problems the NCAA was responding to
in making these changes:
The problems ranged from the length of the summer
period and how taxing this was for high school
students from a physical and emotional standpoint,
time away from home, coaches who are away from
home and away from campuses for considerable
lengths of time, costs associated with all of the
travel, rather widespread reports of corruption in
the summer programs, the growing involvement of
agents and runners, street agents, the improper
level of contacts between players and coaches and
others, concerns about high school coaches whose
influence was being diminished because of the
involvement of others, shoe company involvement.
Those were most, but probably not all of the
different kinds of concerns that had emerged among
athletic directors, to some extent basketball
coaches, certainly university presidents and the
public more generally.
After the evaluation period was reduced to 14 days for the 2000 season,
the NCAA Division I Basketball Issues Committee continued to examine its
recruiting rules. After taking into account what the prospects could handle, the minimum number of
days needed and the maximum number that could be monitored, the Committee
suggested increasing the period from 14 to 20 days, and this
recommendation was adopted. (Def. SMF ¶ 92.)
Defendant provides a two-fold response to plaintiffs' complaint about
the decade long restriction on Division I coaches working at
non-institutional camps. First, defendant offers what it believes to be a
legitimate, non-discriminatory motivation for the rule. Specifically,
defendant explains that the NCAA was concerned that if these coaches were
permitted to work at non-institutional camps, they could obtain a
recruiting advantage as compared with those coaches who could only
evaluate prospects during the evaluation periods. (Def. Mot. Summ. J.
20.) Second, defendant contends that some of the plaintiffs themselves
supported the rule. In this regard, defendant has brought forth evidence
that representatives of plaintiffs Pocono, Eastern, Five Star and Future
Stars all signed a letter sent to the NCAA (submitted by the American
Basketball Camp Association, of which these four camps are members) in
1991 which unequivocally expressed their support for prohibiting Division
I coaches from working at non-institutional camps. (Def. SMF ¶ 67,
accompanied by Def. Ex. 8, Letter to NCAA Director of Legislation from
American Basketball Camp Association, 12/16/91 at BS 986 & 989). In
addition, in the letter these four plaintiffs also all stated that a rule
against employing Division I coaches was already in effect at their
camps. (Id.)
The prohibition on Division I coaches working at non-institutional
summer camps was repealed in 2001 as part of an "on-going process of
deregulation and simplification of [NCAA bylaws]." (Def. SMF ¶ 68.)
Since then, Division I coaches have been permitted to work at
non-institutional camps that meet the NCAA certification requirements. The Market
Plaintiffs describe the relevant product market as the operation of
summer basketball camps. (PI. SMF ¶ 5.) Although plaintiffs state the
relevant product market in these terms in several papers (including their
verified complaint, statement of facts, and an interrogatory answer,)
they offer no evidentiary support for the statement. Plaintiffs describe
the geographic scope of the market as the United States of America. (Pl.
SMF ¶ 6.) In support of this assertion, plaintiffs offer the
deposition testimony of three representatives from plaintiffs' camps.
These depositions offer no specific numbers or data, but do indicate that
the players and coaches at plaintiffs' camps come from all over the
United States. (See Pl. SMF ¶ 6, citing Robert W. Kennedy
Dep. 81, 98; Wilbur H. Klein Dep. 50; Van D. Coleman Dep. 36.)
Plaintiffs claim that their damages will require calculations of the
different profits of institutional and non-institutional camps. (Def. Ex.
41, Plaintiffs' Response to Defendant's First Set of Interrogatories).
Plaintiffs estimate that the loss of profit for each of the named
plaintiffs each summer ranges from approximately $10,000 to $30,000.
(Pl's Resp. Def's 1st Interrogs ¶ 12.)
Pursuant to Federal Rule of Civil Procedure 56(c), "[s]ummary judgment
should be granted if, after drawing all reasonable inferences from the
underlying facts in the light most favorable to the non-moving party, the
court concludes that there is no genuine issue of material fact to be
resolved at trial and the moving party is entitled to judgment as a
matter of law." Kornegay v. Cottingham, 120 F.3d 392, 395 (3d Cir. 1997).
Stated differently, "[t]he inquiry is whether the evidence presents a
sufficient disagreement to require submission to the jury or whether it
is so one-sided that one party must, as a matter of law, prevail over the
other." Anderson v. Liberty Lobby. Inc., 477 U.S. 242, 249
(1986). Moreover, when the nonmoving party bears the burden of proof, it
must "make a showing sufficient to establish the existence of [every]
element essential to that party's case." Equimark Commercial Fin.
Co. v. C.I.T. Fin. Servs. Corp., 812 F.2d 141, 144 (3d. Cir. 1987)
(quoting Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986)).
If a party "fails to make a showing sufficient to establish the existence
of an element essential to that party's case, and on which that party
will bear the burden of proof at trial," summary judgment must be
granted. Celotex, 477 U.S. at 322.
Defendant first argues that plaintiffs do not have standing to bring
their antitrust claims. Because plaintiffs have presented sufficient
facts to arguably overcome a standing challenge, I will proceed to
defendant's stronger contentions. Defendant makes the following arguments
in support of its motion for summary judgment: (1) the claim under §
1 of the Sherman Act fails because: (a) the recruiting rules are
noncommercial and therefore are not subject to Sherman Act scrutiny, (b)
plaintiffs have not plead a relevant market and (c) the restrictions are
reasonable; (2) plaintiffs cannot prove their essential facilities claim
under § 2 of the Sherman Act; and (3) plaintiffs cannot show tortious
interference with any contract.
III. SHERMAN ACT § 1 A. Roadmap of the Analysis
Section 1 of the Sherman Act provides that: "Every contract,
combination in the form of trust or otherwise, or conspiracy, in
restraint of trade or commerce among the several States, or with foreign
nations, is declared to be illegal." 15 U.S.C. § 1 (1988).*fn11
Analysis of an antitrust claim under § 1 of the Sherman Act is a
multi-step process.
The plaintiff must first show that the challenged restraint involves
"trade or commerce," or, in other words, is the restraint "commercial."
If the restraint is not commercial, it cannot be analyzed under the
antitrust laws. Because it is a strong argument of defendant, this
contention will be addressed.
If the challenged restraint is commercial, the plaintiff must next show
that the restraint is illegal. Despite the plain language of § 1 of
the Sherman Act, not all commercial restraints are illegal. If they were,
every contract would be prohibited. Instead, commercial restraints are
illegal if the restraint is unreasonable. The court makes the
determination of unreasonableness under either a "per se" or
"rule of reason" analysis. In a per se analysis, conduct that is
"manifestly anticompetitive" is "conclusively presumed to unreasonably
restrain competition without elaborate inquiry as to the precise harm it
has caused or the business excuse for its use." Rossi v. Standard
Roofing, 156 F.3d 452, 461 (3d Cir. 1998)(citations omitted). A
"manifestly anticompetitive restraint" might include an outright
agreement to restrain trade. If a restraint is not per se unreasonable,
however, a court should apply rule of reason analysis.
Analysis under the rule of reason involves three steps: (1) plaintiff
must demonstrate that a competitive restraint has had substantial adverse, anti-competitive
effects; (2) defendant must then show that the challenged conduct
promotes a sufficiently pro-competitive objective; and (3) in rebuttal,
plaintiff must demonstrate that the restraint is not reasonably necessary
to achieve the stated objective. United States v. Brown Univ.,
5 F.3d 658, 668 (3d Cir. 1993).
The first step of rule of reason analysis, plaintiff's burden of
proving the substantial adverse, anti-competitive effects, itself
requires plaintiff to prove four things: (1) that the defendants
contracted, combined or conspired among each other; (2) that the
combination or conspiracy produced adverse, anti-competitive effects
within the relevant product and geographic markets; (3) that the objects
of and the conduct pursuant to that contract or conspiracy were illegal;
and (4) that the plaintiffs were injured as a proximate result of that
conspiracy. Rossi, 156 F.3d at 464-65. My discussion of the
rule of reason will focus on prong two of this test, which requires a
plaintiff to adequately identify a relevant product and geographic
With this analytical framework in mind, I will evaluate plaintiffs'
claim under § 1 of the Sherman Act.
B. "Trade or Commerce"
Plaintiffs allege that the challenged NCAA bylaws violate § 1 of
the Sherman Act. The Act, however, is limited in its application in that,
"Section one [of the Sherman Act], by its terms, does not apply to all
conspiracies, but only to those which restrain `trade or commerce'."
Brown Univ., 5 F.3d at 665. The threshold question is therefore
whether the alleged conspiracy is one which restrains trade or commerce.
Defendant argues that the three challenged regulations are recruiting
rules and recruiting is not a commercial activity. The rules are: (1) the
NCAA requirement that Division I coaches can only evaluate prospects at
non-institutional basketball camps if the camps are certified by the NCAA
and meet the requirements with which non-institutional camps must comply
in order to be certified; (2) a rule reducing the number of days coaches
are permitted to visit plaintiffs' camps; and (3) the prohibition of
Division I men's basketball coaches from accepting employment with
non-institutional camps attended by prospects. Plaintiffs respond that
the NCAA regulations are commercial because they impose costs on
non-institutional basketball camps and affect who can coach at and visit
the camps.
"Courts classify a transaction as commercial or noncommercial based on
the nature of the conduct in light of the totality of surrounding
circumstances." Id. at 666. There is no question that § 1
of the Sherman Act applies to the activities of nonprofit organizations,
including defendant. Id. at 665 ("Nonprofit organizations are
not beyond the purview of the Sherman Act, because the absence of profit
is no guarantee that an entity will act in the best interest of
The Third Circuit has held that eligibility rules promulgated by the
NCAA are not within the meaning of "trade or commerce" under § 1 of
the Sherman Act. Smith v. NCAA, 139 F.3d 180, 185 (3d Cir.
1998), vacated on other grounds. NCAA v. Smith, 525 U.S. 459
(1999)).*fn12 In Smith, plaintiff, a student athlete, challenged an NCAA
bylaw which prohibited any student athlete from participating in
intercollegiate athletics while enrolled in a graduate program at an
institution other than the student athlete's undergraduate institution.
In addition to a Sherman Act claim, the plaintiff in Smith also
brought a private action for a Title IX violation. The district court
dismissed the antitrust claim, holding that NCAA eligibility bylaws have
no nexus to commercial or business activities. The district court also
dismissed the Title IX claim. On appeal, the Third Circuit affirmed the
dismissal of the Sherman Act claim, likewise holding that the Sherman Act
does not apply to the NCAA's promulgation of eligibility requirements
because the activity is not a commercial or business one. Smith v.
NCAA, 139 F.3d 180, 185-86 (3d Cir. 1998). Considering the character
of the NCAA's activities relating to eligibility, the court explained
that: "Rather than intending to provide the NCAA with a commercial
advantage, the eligibility rules primarily seek to ensure fair
competition in intercollegiate athletics." Id. at 185.*fn13 In Smith, the Third Circuit cited with approval three
district court opinions that found that antitrust laws do not apply to
NCAA eligibility rules: Gaines v. NCAA, 746 F. Supp. 738 (M.D.
Tenn. 1990)*fn14; Jones v. NCAA, 392 F. Supp. 295 (D.Mass. 1975);
Coll. Athletic Placement Serv., Inc. v. NCAA, No. Civ. A.
74-1144, 1974 WL 998, 1974 U.S. Dist. LEXIS 7050 (D.N.J. Aug. 22, 1974),
aff'd without opinion, 506 F.2d 1050 (3d Cir. 1974).
Id. at 185. The Smith court's approval of the case
from the District of New Jersey is instructive for the present analysis.
In that case, plaintiffs College Athletic Placement Service, Inc.
("CAPS") and College Athletic Placement Service of Ohio, Inc. ("CAPS of
Ohio") were both companies who located athletic scholarships offered by
colleges and universities to high school student athletes in exchange for
contractual fees from the students' parents. Plaintiffs' services enabled
student athletes to obtain scholarships of which they would normally be
unaware and also assisted students in selecting the most suitable
colleges for their scholastic and athletic abilities. CAPS was organized
in reliance on a letter from the NCAA stating that no student athlete's
eligibility would be jeopardized by contracting with CAPS. Only eighteen
months after assuring CAPS that it would not consider students'
association with the company a bar to eligibility, the NCAA passed an
amendment which, in effect rendered any student athlete who utilized
plaintiffs' services ineligible for NCAA competition. Plaintiffs brought
suit under § 1 of the Sherman Act, claiming that the amendment was
tantamount to a group boycott, a per se violation of the antitrust laws.
CAPS, 1974 WL at *2, 1974 U.S. Dist. LEXIS at *5.
The CAPS court did not specifically discuss whether the
restraint was commercial, but instead framed its discussion of the issue
as a question of whether the parties even competed with each other. In
this regard, the court found that there was no competition, and that the
"NCAA's action in ratifying an amendment to its Constitution for the
purpose of preserving educational standards in its member institutions
does not come within the purview of the Sherman Act." CAPS.
1974 WL at *4, 1974 U.S. Dist. LEXIS at * 10-11. Thus, the CAPS
court found that the NCAA could not be liable for an antitrust violation
when it was acting in its paternalistic capacity of promoting education.
Like the rule considered by that court, the regulations challenged by
plaintiffs in the present case were enacted by the NCAA for paternalistic
reasons. The NCAA has provided substantial evidence in support of its
position that the rules were enacted to protect young players from being
exploited. The NCAA assembled a committee to study and analyze the
problems campers at non-institutional camps had been having for years.
The committee carefully evaluated the best methods of preventing manipulation and
exploitation of the campers. (See Def. Ex. 7.) Plaintiffs have
offered no evidence that rebuts the evidence disclosed by studies
demonstrating abuse under the prior system.
The evidence shows that the NCAA enacted the certification requirement
in response to basketball recruiting becoming a "showplace" that seemed
"inconsistent and inappropriate for college athletic recruiters."
(See id.) In this regard, many of the certification
requirements, such as the requirement that camp staff not have a history
of illegal involvement in sports, the prohibition of gifts and
inducements, and the requirement that camp events not be financed by
marketers, are grounded in the paternalistic goal of separating high
school athletics from the realm of professional sports.
The evidence also shows that the NCAA reduced the summer evaluation
period so that prospects would have more recruiting time when parents and
coaches were available to supervise the process. (Def. SMF ¶ 82.) The
NCAA committee's goal, as recommended by its study, was to increase the
importance of scholastics and decrease the impact of nonscholastic
external influences on the prospects' lives. (Id.) The
deposition testimony of Mr. Spanier, President of Pennsylvania State
University, summarizes the concerns of many of those involved in the
promulgation of the bylaws. Mr. Spanier noted how physically and
emotionally taxing the length of the summer evaluation periods was for
high school students, and how the community was concerned about the
diminished involvement of high school coaches. (Spanier Dep. 27-28.) This
finding supports the NCAA's position that the rules were enacted in the
spirit of promoting amateurism, and with the prospects' best interests in mind.*fn15
The evidence further shows that these justifications are in keeping
with the NCAA principles of amateurism and recruiting that aim to promote
education and keep student athletics separate from professional sports.
As the district court did in CAPS, a decision affirmed by the
Third Circuit at the time and approved again twenty-four years later in
Smith, I conclude that when the NCAA promulgated these rules it
was acting in a paternalistic capacity to promote amateurism and
education. Thus, for the same reasons the Third Circuit found eligibility
rules immune from antitrust scrutiny, I find that these recruiting rules
are also immune.*fn16 Plaintiffs' argument that the rules are commercial
because they impose costs on the camps and affect who can coach at and
visit the camps is therefore unpersuasive; the Third Circuit test for
whether a restraint is commercial or noncommercial is not whether the
restraint results in some kind of incidental economic effect. The
restrictions challenged by plaintiffs are not commercial within the Third
Circuit's interpretation of the Sherman Act, and are therefore not
subject to Sherman Act scrutiny in this case.
C. "Reasonable Restraint"*fn17 Although the language in § 1 of the Sherman Act suggests a broad
restriction on commercial restraints, the Supreme Court has repeatedly
recognized that this provision covers only unreasonable restraints of
trade. NCAA v. Bd. of Regents, 468 U.S. 85, 98 (1984).
As stated previously, in determining whether a defendant's conduct
unreasonably restrains trade, courts apply one of two modes of analysis.
Rossi, 156 F.3d at 461. Courts apply per se analysis
when "the practice facially appears to be one that would always or almost
always tend to restrict competition and decrease output." Bd. of
Regents, 468 U.S. at 100 (quoting Broad. Music. Inc. v.
Columbia Broad. Sys., Inc., 441 U.S. 1, 19-20 (1979)). In a per se
analysis, conduct that is "manifestly anticompetitive" is "conclusively
presumed to unreasonably restrain competition without elaborate inquiry
as to the precise harm it has caused or the business excuse for its use."
Rossi, 156 F.3d at 461(citations omitted.)*fn18 If a court
finds that a restraint is not per se unreasonable, the rule of reason
analysis is applied. In applying this analysis, the court "weighs all of
the circumstances of a case in deciding whether a restrictive practice
should be prohibited as imposing an unreasonable restraint on
competition." Id. (quoting Business Elecs. Corp. v. Sharp
Elecs. Corp., 485 U.S. 717, 723 (1988).)
Since the Supreme Court applied rule of reason analysis to NCAA v.
Bd. of Regents, 468 U.S. 85 (1984)*fn19, the Third Circuit has also applied rule of
reason analysis when considering NCAA restrictions. See Smith,
139 F.3d at 186. The challenged bylaws relating to regulating
non-institutional summer camps are not "facially" anticompetitive. I find
that there is no per se restraint and will apply rule of reason
To repeat, the first step in applying the rule of reason requires that
the plaintiffs demonstrate that a competitive restraint has had
substantial adverse, anti-competitive effect. To meet this initial
burden, plaintiffs must prove: (1) that the defendants contracted,
combined or conspired among each other*fn20; (2) that the combination or
conspiracy produced adverse, anti-competitive effects within the
relevant product and geographic markets; (3) that the objects of and the
conduct pursuant to that contract or conspiracy were illegal; and (4)
that the plaintiffs were injured as a proximate result of that
conspiracy. Rossi, 156 F.3d at 464-465. Plaintiffs may satisfy
this burden by proving the existence of actual anticompetitive effects,
such as reduction of output, increase in price, or deterioration in quality of goods or
services. Brown Univ., 5 F.3d at 668.
The second step in plaintiffs' case, proving that the combination or
conspiracy produced adverse, anti-competitive effects within the relevant
product and geographic markets, requires that plaintiff adequately define
the relevant product and geographic markets. Plaintiffs have the burden
of defining the relevant market. Queen City Pizza. Inc. v. Domino's
Pizza. Inc., 124 F.3d 430, 436 (3d Cir. 1997). "The relevant market
has both a product and a geographic component." Fresh Made. Inc. v.
Lifeway Foods. Inc., No. Civ. A. 01-4254, 2002 WL 31246922 at *5,
2002 U.S. Dist. LEXIS 15098 at *17 (E.D.Pa. Aug. 9 2002). The relevant
product market is defined as "those commodities reasonably
interchangeable by consumers for the same purposes." Tunis Bros.
Co., Inc. v. Ford Motor Co., 952 F.2d 715, 722 (3d Cir. 1991)
(citations omitted.) "The outer boundaries of a product market are
determined by the reasonable interchangeability of use*fn21 or the
cross-elasticity of demand*fn22 between the product itself and
substitutes for it." Queen City Pizza, 124 F.3d at 436. "The relevant geographic market
is the area in which a potential buyer may rationally look for the goods
or services he or she seeks." Tunis Bros., 952 F.2d at 726.
The pleading requirements for the antitrust plaintiff are strictly
applied. "Where the plaintiff fails to define its proposed relevant
market with reference to the rule of reasonable interchangeability and
cross-elasticity of demand, or alleges a proposed relevant market that
clearly does not encompass all interchangeable substitute products even
when all factual inferences are granted in plaintiff's favor, the
relevant market is legally insufficient and a motion to dismiss may be
granted." Queen City Pizza, 124 F.3d at 436.
Plaintiffs claim they plead the relevant market in their complaint by
defining the relevant product market as summer basketball camps and the
geographic market as the United States of America. In their sur-reply,
plaintiffs state for the first time that "nothing is reasonably
interchangeable with summer basketball camps" and that defendant's
argument to the contrary is "absurd". (Pl. Sur-Reply 29.) As we are now
at the summary judgment stage, plaintiffs should have brought forth
evidence to support their market definitions. Plaintiffs have not alleged
specific facts or brought forth evidence establishing that the market for
summer basketball camps is distinct from the market for other kinds of
summer camps, or from camps run during the academic year. There are no
allegations in the complaint, nor any evidence relating to the price of
or demand for summer basketball camps. Thus, plaintiffs have not alleged
or proven whether there are reasonably interchangeable alternatives for
their product. Defendant has suggested that many prospective basketball
summer camp attendees would consider other kinds of athletic camps
reasonable substitutes for basketball summer camp, and would also
consider basketball camps run during the school year as reasonable
alternatives. Without plaintiffs properly setting forth a relevant product market, a
court cannot conclude that the proposed market of summer basketball camps
is a separate and distinct market, and therefore a relevant market for
antitrust purposes. See Brotech Corp. v. White Eagle Int'l Tech.
Group. Inc. No. Civ. A. 03-232, 2003 WL 22797730, 2003 U.S. Dist.
LEXIS 21073 (E.D.Pa. Nov. 18, 2003), Fresh Made. Inc., No. Civ.
A. 01-4254, 2002 WL 31246922, 2002 U.S. Dist. LEXIS 15098 (E.D.Pa. Aug.
9, 2002) (both cases dismissing plaintiff's federal antitrust claims for
failure to plead a relevant market.) Therefore, plaintiffs have failed to
adequately set forth the relevant market, which is another reason that
the § 1 claim fails.
Plaintiffs also bring a claim under § 2 of the Sherman Act, which
provides that: "Every person who shall monopolize, or attempt to
monopolize, or combine or conspire with any other person or persons, to
monopolize any part of the trade or commerce among the several States, or
with foreign nations, shall be deemed guilty of a felony."
15 U.S.C. § 2 (2004). "The offense of monopoly under Section 2 of the Sherman
Act has two elements: (1) the possession of monopoly power in the
relevant market and (2) the willful acquisition or maintenance of that
power as distinguished from growth or development as a consequence of a
superior product, business acumen, or historic accident." Queen City
Pizza, 124 F.3d at 437. Thus, like a claim under § 1 of the
Sherman Act, a "court must inquire into the relevant product and
geographic market and the defendant's economic power in that market."
Id. at 442. I have already determined that plaintiffs' claim
under § 1 of the Sherman Act must be dismissed for failure to plead a
relevant market, and I will dismiss their claim under § 2 of the
Sherman Act for the same reason. See Queen City Pizza, 124 F.3d
at 441 (dismissing a monopoly claim for failure to plead a valid relevant market.)*fn23
In addition to their antitrust claims, plaintiffs have alleged that
defendant has tortiously interfered with plaintiffs' "contractual
arrangements and prospective contractual arrangements with
parents/guardians of high school basketball players who wish to send
their sons and daughters to summer basketball camps, and with locations
where such camps are conducted each year." (Cmplt. ¶ 86.) Plaintiffs
further allege that defendant was aware of these arrangements and that
defendant "deliberately and maliciously adopted regulations to minimize
(and ultimately eliminate) the period of time during which Division I
basketball coaches may observe and evaluate players at private basketball
camps." (Compl. ¶ 87.)
Defendant argues that this claim must be dismissed because plaintiffs
have not brought forth any evidence about the specific contracts with which they
claim defendant tortiously interfered. "When a motion for summary
judgment is made and supported as provided in this rule, an adverse party
may not rest upon the mere allegations or denials of the adverse party's
pleading, but the adverse party's response, by affidavits or as otherwise
provided in this rule, must set forth specific facts showing that there
is a genuine issue for trial." Fed.R.Civ.P. 56(e). Because plaintiffs
have brought forth no evidence supporting their claim for tortious
interference, this claim is dismissed. ORDER
AND NOW, this day of April, 2004, defendant's motion for
summary judgment (Docket #90) is GRANTED and this case is
DISMISSED with prejudice.
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text:
evening folks, hope you are all fit and healthy despite the cold weather..
Unfortunately my training has taken a bit of a blow today when i was told by the doc i should avoid excersise for 2 weeks after having a mole removed...i had to have a good laugh at that and i told them i was training for a marathon so not an option, plus im a postie so my job involves a fair amount of excersise...I managed to persuade the doc to allow me to run by the weekend all depending how well the stitches have done their job. I might have a VERY gentle 3 mile jog on thursday to see how it feels before attempting a slightly longer run on friday. oh well i might as well enjoy the feet up chance while i have it..
Put your feet up Iain - it's bloody cold out there - still, at least it's not nearly April !!!!!
Iain - the enforced rest might do your knees and hamstrings some good though. I had a mole removed 5 years ago on a Wednesday and on the Sunday I ran a marathon PB.....of course it does depend where the mole is/was. Mine was on my forearm.
Not quite so cold today as the north east wind has eased a little, had a great run
Iain - I'd listen to the dr. I'm not sure where the mole is but take it easy. You don't want the stitches taking longer to heal than necessary
hi shades, pretty much because it was very inflamed at the same point so a bit confusing really but because he did some work on my back yesterday the whole thing is in spasm today.. foot pain feels irrelevant right now!! shame!
Emmy - how's the hip? Still freezing weather with you?
bootsie - ouch, hope the treatment works
Hi Shades - Hip feels OK. I'm going to give it another day and try a 5 miler tomorrow morning and see how I get on. I can cut back at 3 miles so it gives me some 'cut out' options if needed. I've been trying some different stretches but they seem to hurt my calf muscle!
It's absolutely freezing here It's really not a nice wind as its so cold. At the weekend - it kept blowing off my hat and whilst I was walking to the supermarket yesterday; I was almost blown sideways!
@Bootsie - that doesnt sound nice
Thanks.. me too.. god so bored of not running!!
Good luck with the hip Emmy
Freezing here too.. two pairs of socks on at least long weekend this weekend !
bootsie wrote (see)
Thanks.. me too.. god so bored of not running!! Good luck with the hip Emmy Freezing here too.. two pairs of socks on at least long weekend this weekend !
You're so lucky - I "only" get Monday off
It sounds like there is a bit of an injury bench developing I hope everyone gets better soon.
Shades - I think I'm only 1 or 2 miles up the road from you and it's very lightly snowing here, and feels very cold.
Club session for me tonight. It's either 5x1m intervals (which sounds horrendous!) or something called "Team relays with a mystery twist". Hmmm.
I have rearranged my runs a bit this week, and I'm planning my LSR either Thursday after work or Friday AM. You may know that I've drastically reduced my alcohol intake recently...well that's all going out the window this weekend as there is a favourite beer festival of mine in Paignton which I feel obliged to attend
Big_G.. that sounds like fun!!
Slowkoala wrote (see)
Now need to take my 6 year old to the dentist to have two teeth removed Poor thing has managed to grow an 'extra' tooth which shouldn't be there. Really hope they come out easily.
I had an extra tooth when I was younger behind my two front teeth. It was hell to get out (I still remember it).
Fingers in ears whilst the talk turns to dentists
Emmy - don't overdo the stretching! Just enough to gently work the damaged muscle so it repairs without scar tissue
I'm sick to death of this cold weather
Big G - there were a few flakes this morning when I was running. Have no windows in our office only Velux roof ones and can't see any snow there.
Mile reps are one for the best sessions for marathon training, so might not seem as bad as you think
Slowkoala - hope the visit to the dentist went OK
Big G - I thought you liked the training sessions at Brunel!!I'm refusing to go to training at night unles it warms up!
Lol in for a long wait then VR BBC says mid april before we get back to normal ie ave temps
VR - you're right, I do like the Brunel sessions. However, I usually do the 1k or 400m sessions and haven't done the mile reps before.....
Slowkoala - Glad that tooth came out ok - def deserves LOADS of ice cream!
VR and Big_G - good luck with your training sessions tonight if you can brave the gales/ice/snow - beautiful day here... just PERFECT stretching weather!
Shades - good to hear you have found another marathon to do... !
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text:
Check in from 12h / Check out prior to 12h
The Centurion Hotel: Find photos, reviews, information, amenities and compare prices for 4 stars hotels in Pune, India.
The Centurion Hotel provides 4-star accommodation in Pune. It is conveniently positioned for those wanting to sightsee in the area.
Hotel description
There are a variety of amenities at Centurion Hotel on offer to guests, such as a laundry service, parking and a gym.
Equipped to ensure an enjoyable stay, rooms feature a ceiling fan, bottled water and a TV. Individual bathrooms are equipped with a shower and a bathtub.
Offering international and European cuisine, Hotel Centurion's stylish restaurant provides a convenient dining option for those who wish dine in.
Local sites close to the hotel include AISSMS College of Engineering, College of Engineering Pune and Shaniwar Wada. Pune International Airport is within a 25-minute drive.
Hotel features
Restaurant, Cable / Satellite TV, TV, Shower, En suite, Private Bathroom
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Good Luck Square, Bhandarkar Road Deccan Gymkhana, Pune
Gandharv Residency
1291,1292,Shivaji Nagar Behind Gandharv Restaurant, Pune
1291,1292,Shivaji Nagar Behind Gandharv Restaurant, Pune
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Official citation and/or docket number and footnotes (if any) for this case available with purchase.
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September 7, 2012
JAMES S. LEONI, JR.,PLAINTIFF,v.SEC. HILLARY R. CLINTON; SEC. JANET NAPOLITANO; U.S.A.,DEFENDANTS.
MOTION FOR APPOINTMENT OF COUNSEL [Doc. No. 2]
Plaintiff moves the Court for an order appointing counsel for him in this civil rights action alleging that Section 301(g) of the Immigration and Nationality Act of 1952 is unconstitutional. On August 23, 2012, Plaintiff filed a Request for Appointment of Counsel under the Civil Rights Act of 1964. (Doc. No. 2). The Court notes that Plaintiff's motion to appoint counsel indicates an employment discrimination action unrelated to his civil rights claim. Based upon Plaintiff's application and a review of the Complaint, the Court concludes that there is no basis for appointment of counsel.
"[T]here is no absolute right to counsel in civil proceedings." Hedges v. Resolution Trust Corp. (In re Hedges), 32 F.3d 1360, 1363 (9th Cir. 1994) (citation omitted). Thus, federal courts do not have the authority "to make coercive appointments of counsel." Mallard v. United States Dist. Ct., 490 U.S. 296, 310 (1989); see also United States v. $292,888.04 in U.S. Currency, 54 F.3d 564, 569 (9th Cir. 1995). District courts have discretion, however, pursuant to 28 U.S.C. § 1915(e)(1), to "request" that an attorney represent indigent civil litigants upon a showing of exceptional circumstances. See Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); Burns v. Cnty. of King, 883 F.2d 819, 823 (9th Cir. 1989). "A finding of exceptional circumstances requires an evaluation of both the 'likelihood of success on the merits and the ability of the plaintiff to articulate his claims pro se in light of the complexity of the legal issues involved.' Neither of these issues is dispositive and both must be viewed together before reaching a decision." Id. (quoting Wilborn v. Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1986)).
Here, this Court does not find that exceptional circumstances exist so as to justify an appointment of counsel. Plaintiff has set forth the factual and legal basis for his claim in a straightforward and intelligent manner with sufficient clarity to allow it to be addressed on the merits. Plaintiff's legal claim, and the factual bases for his claim, is not so complex as to require the appointment of counsel. Accordingly, the Court finds no "exceptional circumstances" requiring the appointment of counsel pursuant to 28 U.S.C. § 1915(e)(1) at this time. Plaintiff's motion is DENIED without prejudice.
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- Photos
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Near W. 107th , this 2 bedroom apartment is a comfortable square feet. A steal at $2, 595! AG. Close to dining and shops, bright, gas stove, trash included. More details (copy link to browser) http://ah.qa/9bPHk4d or call 212-257-0113 now! (listing id: 135807362) Please visit 4RentInNewYork.com for many similar properties.
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70 Years!
This year, the Victoria Flying Club, incorporated in 1946, celebrates 70 years of promoting aviation in Victoria. Learn more about us on our History page.Learn more
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Aviation Excellence Since 1946
This year, the Victoria Flying Club, incorporated in 1946, celebrates 70 years of promoting aviation in Victoria. Learn more about us on our History page.Learn more
Stop dreaming and do it! You CAN learn to fly! Including your first flight, everything you need for ground school, and some additional perks, this package is the best value going to get you started on your way to becoming a pilot!Find Out More!
Local and international students benefit from top-notch instruction on a standardized fleet of Cessna 172S Model aircraft, at one of Canada's busiest airports, and in a varied terrain setting, providing an unsurpassed level of training.
The Victoria Flying Club has been training pilots and meeting the needs of recreational and career flyers for 70 years. We share a rich aviation history with thousands of past and current members, who are bound by one thing—the love of flying.
"On this cold shivery day, we can't help but think back to the early antarctic aviators of 1928 and the climate conditions they dealt with as the first to explore and map Antarctica by air. The fascinating story can be found here:…"Read more
VFC has an excellent group of instructors. Patient, knowledgeable, friendly, and most importantly, professional! Whether it be in the air or in the classroom, the instructors make it as easy as possible for you to soak in the knowledge. Thank you to my instructor Hannah N. and the rest of the VFC staff for making my summer so enjoyable. Hesitate no more if you are thinking about learning to fly at VFC! (Bonus: Grab a delicious brunch at Dakota Cafe!)


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At UFC on FOX 13 media day, Stefan Struve talks about his long road back to the UFC, his fight against Alistair Overeem at UFC on FOX 13, how he is currently feeling, his place in the division, and m watch video >>
Joe Riggs talks about his loss to Ben Saunders. watch video >>
UFC correspondent catches up with UFC heavyweight Cain Velasquez backstage at the UFC 180 media day. Velasquez talks about his injury, the UFC's reaction, and what he thinks about the interim title f watch video >>
SUBSCRIBE - https://twitter.com/SubmissionAus Hector Lombard talks about his infamous gym incident with UFC Heavyweight Josh Barnett. Many people have often wondered how the beef between the two guy watch video >>
Alistair Overeem talks about his new contract with the UFC, the UFC heavyweight title picture, what's next for him, and much more. Subscribe: http://www.youtube.com/subscription_center?add_user=mma watch video >>
The Dutch heavyweight talks about his upcoming fight against Andrei Arlovski watch video >>
UFC middleweight champion Chris Weidman talks about his win over Vitor Belfort to retain his title at UFC 187 and what could be next in this backstage interview with UFC correspondent Megan Olivi. watch video >>
UFC flyweight Dustin Poirier talks about his decision to move to South Florida to train at American Top Team and push himself to the next level. watch video >>
Travis Browne brings us close to home as he talks about his family and what his children mean to him. Catch him as he takes on Andrei Arlovski this Saturday at UFC 187. watch video >>
Hayder Hassan talks about his faith as a Muslim fighter and how it gives him strength as he gets ready for his moment to finally step inside the Octagon. watch video >>


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The Field of Blood (TV Series)
Watch The Field of Blood episodes online for free here at Telepisodes via the links provided in each episode page. The Field of Blood is a British thriller TV series that is based on the novel by Denise Mina with the same title. The story's synopsis can be read below: When the story of a murder has huge implications for her family, newspaper copy boy Paddy Meehan battles prejudices to get to the truth. As she inches closer to revealing the truth, her investigations place her in mortal danger.
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Released Date: August 29, 2011 (US)
Latest episode: The Field Of Blood Season 2 Episode 1


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by AYLWARD
AYLWARD. AYLWARD,W.J. DRAWING. THis item features a lovely pen and ink drawing on a piece of stationery from an autograph collection. The drawing depicts a sailboat on the ocean with an island in the foreground. Signed by Aylward and dated April 1916. This is an attractive little piece by this Brandywine artist. (Inventory #: 3199)


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February 20, 2016 (9:00 am to 1:00 pm)
Nepean Sportsplex, Halls A&B
We're carrying on the tradition of the Ottawa Geek Garage Sales and hosting a geek and gaming garage sale this winter to help stave off those evil winter blues! That's right! You'll be able to buy or sell all sorts of geek and gaming-related items at this one-day shopping event, hooray! The event will also feature a free open video gaming (and a Smash Bros. tournament) and table top gaming area and is being sponsored by our friends at UsedOttawa.com.
Over 1,000 patrons attended our one-day gaming garage sale in August. We're doubling the size of the space this time and opening up the sale to all sorts of geeky items, so this event promises to be awesome.
Here's our floor plan with a list of all our exhibitors.
This will also be a great time to purchase your admission tickets for the April Capital Gaming Expo event. Buying tickets in advance saves you money! And if you buy your ticket to our April event, you get into the garage sale for free!
We're proudly supporting Tysen's Mission to a Million once again and will have a donation jar for those of you interested in donating money to his very worthy cause.
Want to help us run the event? If you'd like to volunteer at the event (thanks!) please visit our volunteer page on the Geek Market website.
Selling geek or gaming items on consignment
Have a few items to sell, but don't want to man your own table? No problemo! We'll be accepting all sorts of items related to geekery and gaming on consignment at a rate of 15% meaning that we'll do the work for you! All of the money raised will be used to pay for the logistical costs associated with running the garage sale (i.e. hall rental, advertising, etc.).
Want more details? Please visit the Ottawa Geek Market's new webpage that provides information on how sell items on consignment at our garage sale.
Selling geeky or gaming items at your own table
Do you have so many geeky or gaming items to sell that you'd like to purchase and manage your own table? If so, please fill out the Vendor Application Form found on the Ottawa Geek Market website by February 12th, 2016.
Please note that this IS a garage sale so patrons will be looking for garage sale-type deals. This event is not meant for exhibitors selling new/original art at full price. If you have new/handmade items that you're looking to sell at full price, we encourage you to apply to be a vendor at the Ottawa Geek Market April event.
Each table space costs $50 and measures 6 feet deep x 8 feet wide and comes with:
- Two exhibitor passes
- One 6 feet x 2.5 feet unskirted table
- Two chairs
Please note that we have a limited number of tables available and will be accepting vendors on a first come, first serve basis.


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A Few Simple Choices Can Help Fight Childhood Obesity
Combatting childhood obesity can be as simple as changing a few habits.By Matt Picht | September 7, 2015
Roughly one in three American children is overweight or obese. Those children face an increased risk of health problems like heart disease and diabetes, both as kids and into adulthood.
Childhood obesity is usually caused by three factors: genetics, unhealthy diet and lack of physical activity. There's not much parents can do about the first one, but a few simple dietary and exercise tweaks can dramatically help the other two. (Video via CNN)
Swapping sugar- and calorie-laden foods and drinks out for healthier options like fruits and vegetables can be a critical part of keeping kids healthy. But it's a common belief that eating healthy costs too much in time, money and energy.


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Model LRP180QH by Optex is designed to detect human movement at ranges of up to 180 meters. The rugged housing contains two separate detectors. One detector is similar to the popular REDWALL LRP100Q quad sensor which has a detection range up to 100 meters. The other detector is also a 'quad' sensor system with a long focal length optical system speci cally designed to detect movement at ranges between 80 and 180 meters.
The LRP180QH is ideal for use with CCTV surveillance systems which have multi-cameras or domes with pan, tilt and zoom facilities. The two outputs (near and far) may be used to automatically activate camera pan or zoom controls to precisely locate an intruder over the full detection range. Alternatively, the two outputs may be used to direct an operator to a speci c area of interest or to activate local oodlighting.
The LRP180QH comprises two units, the detector head and the control unit which contains three relays for 'near', 'far' and tamper signaling. The control unit may be located remote from the detector head, for instance at a control/monitoring area, or may be located close to the detector or camera where direct automatic pan or zoom is used.
Connection between head and control unit is 4-core screen cable which may be up to 1400 meters. Alarm signaling between the detector head and the control unit is by means of simple line current monitoring which is highly immune to radio and electrical interference.
|Outdoor Use
|Passive Infrared
|Low Voltage
|595' x 13'
|Form C Relay, Heater Option
|LRP180QH Manual (Size: 891.3 KB)


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Make a statement with on-trend decor pieces.
Your coupon will be applied to the highest regular-price, eligible item in your cart.
Offer good for one item at regular price only. Limit one coupon per customer per day. Must present coupon at time of purchase. Offer is not valid with any other coupon, discount or previous purchase. One cut or one bolt of fabric or trim "by the yard" equals one item. Online fabric & trim discount is limited to 10 yards, single cut. Excludes Heidi Swapp™ Minc.™ Foil Applicator, CRICUT® products, Gemini Machine™ Crafters Companion, Silhouette CAMEO® Machine, candy & snack products, gum & mints, helium tanks, gift cards, custom orders, special orders, labor, rentals or class fees. Cash Value 1/10¢.
Make a statement with on-trend decor pieces.
The makings of holiday memories start here.
Fabric for your DIYs - stuffable and otherwise.
Unwrap happiness with papercrafted goodies.
Greet the season with foliage and flowers.
Everything for holiday baking and party making.
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Put the finishing touches on Christmas.
Because handmade is what's in.
Time to match accessories to your personality.
Melt Art Ultra Thick Embossing Enamel (UTEE) is a specially formulated, large particle embossing powder perfect for many craft projects, such as: creating jewelry pieces, magnets, trinket boxes, frames and other craft embellishments.
Pour onto a non-stick surface and use with a heat tool to add dimension and texture.
One layer of UTEE produces a bumpy texture, two or more create a smooth finish and three layers can be crackled or stamped into.
Bottle contains 8 ounces.
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Reduced Fat Buttermilk Chocolate Cake
Total Time
Prep 20 mins
Cook 35 mins
This is from Shape Mag and they revamped it so that it has 180 less calories and 12 grams less fat per serving ... however still tastes great.
Ingredients Nutrition
- 2 cups all-purpose flour
- 1 3⁄4 cups sugar
- 5 tablespoons cocoa powder
- 1 teaspoon baking soda
- 4 egg whites
- 1 cup unsweetened applesauce
- 3⁄4 cup buttermilk
- 1 teaspoon vanilla extract
- 1⁄2 cup light butter, softened
- 3 cups powdered sugar
- 6 tablespoons buttermilk
- 4 tablespoons cocoa powder
- 1 teaspoon vanilla extract
- 1⁄3 cup chopped nuts
- To make the cake, preheat oven to 350°F Lightly coat a 9-by-13-inch baking pan with nonstick cooking spray. In a bowl, combine flour, sugar, cocoa powder and baking soda. Set aside. In a large bowl, using an electric mixer on the highest speed, beat the egg whites for 90 seconds. Add applesauce, buttermilk and vanilla. Beat until smooth. Add half of the flour mixture and beat on a low setting until just mixed. Add the remaining flour mixture and beat on high for 2 minutes. Transfer batter to the prepared pan. Bake for 35-40 minutes, or until toothpick inserted in the center comes out clean and the sides of the cake begin to pull away from the pan. Remove from oven and cool completely.
- To make the frosting, beat the butter in a small bowl until smooth and fluffy. Add 1/2 cup of powdered sugar; beat on low until smooth.
- Add 1 tablespoon each of buttermilk and cocoa powder; beat until smooth. Add half of the remaining sugar, buttermilk and cocoa powder; beat well. Add remaining ingredients and beat until smooth. Spread over cooled cake. Scatter nuts evenly on top of the frosting. Slice and serve.
Most Helpful
yummy! I did however alter the recipe some.....used 2 whole eggs, 1/2 cup applesauce with 1/2 cup oil and lowfat buttermilk in the cake batter. The taste and texture of the cake was perfect! The icing was a little soft to me, so I added about 1/2 c more powdered sugar and next time would add a little more cocoa b/c it wasn't quite chocolatey enough. Toasted my walnuts and sprinkled on top. EXCELLECT recipe to replace the one I have that calls for THREE sticks of butter!!
wow.Fantastic recipe!.I used half oil and half applesauce though.I used organic brown sugar too.I did not make frosting which I am sure would have made it brilliant but it tasted marvellous!!!My children loved it and both came back from school telling me it was great in their lunch. The cake had a lovely 'fresh' taste to it. I am sure it was similar to red velvet cake but without the red!! Will make again-oh I used a loaf pan to bake it in.thank you!


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"Relax. Stop worrying about making sales…If you focus on the
people, the money will follow."
Pat Kennedy, Nordstrom Department Manager
Excerpt from The Nordstrom Way "The Inside
Story of America's #1Customer Service Company"
"Relax. Stop worrying about making sales…If you focus on the
people, the money will follow."
Pat Kennedy, Nordstrom Department Manager
Excerpt from The Nordstrom Way "The Inside
Story of America's #1Customer Service Company"
Pat Kennedy, Nordstrom Department Manager
Excerpt from The Nordstrom Way "The Inside
Story of America's #1Customer Service Company"
The Concierge Culture produces a sales organization with the look and feel
of a service organization.
Sales…Concierge-- If the goal is sales, then, it's just semantics
you say--It's true the desired results are the same; however, the Traditional
Sales Culture places its focus on product while the culture of the Credit Union
Concierge places its focus on the member. Remember, people don't want
products, they want solutions.
Traditional Sales Model:
In the traditional sales model, the salesperson spends 10% of the time Building
Rapport, 20% qualifying, 30% Presenting Product and 40% Closing.
If a sale is made…
Pitching product can result in the discovery of a lack of suitability, more
attractive pricing and features causing attrition, wasting employee(s) time
and the member's time while artificially inflating sales results.
Concierge Sales Model:
The concierge spends 40% of the time Building Rapport and Trust, 30% Identifying
Needs, 20% Presenting Solutions and 10% Closing.
When we listen more than we speak, we can gain insight into how to position
a product or service to that member. We use their desires, even their own words.
Perhaps most importantly, in times of dissatisfaction, it's more difficult
to fire a friend than a product provider.
Quite possibly, the Concierge Sales model is how you would envision your sales
environment. The challenge we face in achieving this culture is in calling it
sales, because when the average person thinks of sales, they think of the Traditional
Sales model. Remember the old saying "Perception is reality!" The
Concierge Culture changes that perception.
Creating the Concierge Culture
Financial Solutions Specialist
Primary "Concierge" Responsibilities:
Training Requirements:
According to LightHawk International, Customers and Support Staff view being
Knowledgeable as the trait most likely to encourage them to buy from
or refer to a salesperson. These individuals cannot be over trained!
Primary "Concierge" Responsibilities:
1. Recognize specific "Life Events,"
2. Refer to the Financial Solutions Specialist (FSS) for needs analysis.
Training Requirements:
1. FSS and Product/Service Specialists train the staff on which life events
to look for, and share specific instances providing member solutions.
Any referral must have the giver's full endorsement. Without the endorsement,
the foundation of the referral network fails. First-hand experience is preferable.
Branch Manager
Department Specialists (Insurance, Investments and Loans)
Primary "Concierge" Responsibilities:
Training Requirements:
1. How to Coach and Mentor
This is just an overview of how to implement the Concierge Culture. If you
would like further detail or assistance in building your sales organization
utilizing this method, please contact Donna Gervig by e-mail email@example.com
or by telephone (800)470-4270.
Fusion Financial Marketing Group, Inc. is a sales training organization
with an emphasis on creating the Concierge Culture through Platform Sales.
July 5, 2004
This is similiar to a sales philosophy I already use in my branch. "PEOPLE BUY FROM PEOPLE THEY LIKE AND TRUST." Build a relationship with the member and most likely they will come back to you the next time they need something or have a question. Rate is not always everything, focus on member service and rate will become less of an obstacle to get over in the future. True rate shoppers will come and go; and will never be loyal to any one financial institution.
People truly want "one stop shopping" if you sit down and have heart felt conversations with them about what are their needs and work on providing solutions to their needs,"not products" sales will come. But lastly remember if you dont A.S.K., you probably won't G.E.T..
Mike Gruber
would like to see more information on this and incentive plans ~ thanks!
We are using a very similar model so appreciate the ideas. Sales/Service is one for our credit union. We have been working diligently on our sales culture for over 5 years. This year our goal is 4 products per new member within 90 days. By products we mean a share or loan product not services that compliment. It is a huge goal but one we know we can attain with excellent training and on-going coaching.
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1001 Connecticut Ave. NW Suite 1001
Washington, DC 20036


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Event: Celina Jaitley was seen in her desi look as she launched the music of MADHOLAL KEEP WALKING. Altaf Raja, Anil Sharma, Subrat Dutta, Swara Bhaskar, Aditya Raj Kapoor, Ajay Gehi, Manasi Scott, Jai Tank amongst others graced the event. Altaf Raja even sang one song from the film which was enjoyed by the audience.
Guest List: Celina Jaitley, Manasi Scott, Chandrachur Singh, Ajay Gehi, Subrat Dutta, Jai Tank, Anil Sharma, Vaishali Desai, Swara, Aditya Raj Kapoor
Bollywood celebss Varun Dhawan, Sonakshi Sinha, Arjun Kapoor were snapped at Ravi Chopra's house.
Sexy Bollywood actress Sonam Kapoor was snapped at the airport.
Bollywood actress Sonakshi Sinha was snapped at the airport.
Bollywood celebs Ajay Devgn, Arjun Kapoor, Farhan Akhtar, Vishal Dadlani, Shekhar Ravijani, Raj Kundra, Mahesh Bhatt, Sapna Pabbi among others were snapped at the airport.
Bollywood director Farhan Akhtar was snapped at Shankar Mahadevan's studio.


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ISSUES AND ARTICLES MOST READ eTOC
Indexed/Abstracted in: Chemical Abstracts, CINAHL, Current Contents/Clinical Medicine, EMBASE, PubMed/MEDLINE, Science Citation Index Expanded (SciSearch), Scopus
Impact Factor 1,111
Amri HAMMAMI 1, Sofien KASMI 2, Narimen YOUSFI 2, Marwa BOUAMRA 2, Zouhaier TABKA 1, Ezdine BOUHLEL 1
1 Laboratory of Physiology, Faculty of Medicine Sousse, Sousse, Tunisia; 2 Research Laboratory "Sport Performance Optimization", National Center of Medicine and Sciences in Sport (CNMSS), Tunis, Tunisia
BACKGROUND: It has been shown that recreational soccer was a highly motivating and social activity which produces large improvements in health-related indices in sedentary healthy and unhealthy subjects. The purpose of this study was to compare the acute parasympathetic reactivation after small-sided soccer games (SSG) and repeated sprints training (RST) sessions.
METHODS: Eight post-pubertal untrained adolescents (age 15.8 ± 0.6 years, body mass 59.1 ± 3.7 kg, height 1.7 ± 0.1 m) performed a RST, SSG and a control session in a counterbalanced order. Heart rate variability (HRV) indices in time and frequency domain, heart rate recovery and rating of perceived exertion (RPE) were evaluated.
RESULTS: RPE was significantly lower after SSGs compared with RST (P = 0.02, ES = 1.1). There was a significant decrease in mean R-R intervals after RST (difference: -19.6%, P < 0.01, ES = 1.7) and after SSG (-19.2%, P < 0.01, ES = 2.3). A significant decrease was also noted in SDNN after RST (-26.6%, P = 0.02, ES = 1.8) and SSG (-37.8%, P = 0.01, ES = 1.1). For RMSSD, a significant decrease was observed only after SSG (48%, P = 0.01, ES = 1.3). No significant change in all HRV indices after the control condition.
CONCLUSIONS: SSG and RST elicited high and similar heart rates responses. A low parasympathetic reactivation during early recovery was noted after both RST and SSG. These results were important especially for clinician looking to prescribe repeated sprint or small-sided game for sedentary subjects.
language: English


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Lemon Pudding Cake for Two
Total Time
Prep 10 mins
Cook 35 mins
Most recipes serve four or more, which means leftovers. Here is a pudding cake for two. Light cake with pudding sauce in the bottom.
Ingredients Nutrition
- 1⁄2 cup sugar
- 2 1⁄2 tablespoons all-purpose flour
- 1⁄8 teaspoon salt
- 1 egg, separated
- 1⁄2 cup milk
- 1 1⁄2 teaspoons grated lemon rind
- 1 tablespoon lemon juice
- whipped cream (optional)
- Combine first 3 ingredients in a medium bowl; set aside.
- Beat egg yolk; add milk, lemon rind, and juice. Add to dry ingredients, and mix well. Beat egg white (at room temperature) until soft peaks form; fold into milk mixture.
- Pour into 2 lightly greased 10-ounce custard cups; place in a pan of warm water. Bake at 350°F for 30 to 35 minutes or until a knife inserted in center comes out clean. Serve warm; top with whipped cream, if desired. Yield: 2 servings.
- Southern Living.
Most Helpful
The serving sizes were perfect for two. The cake part was more like a meringue, and just as sweet. The sauce was wonderful. It baked up nicely, but unfortunately it's just a bit sweet for us.


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Trail Mix Bars
No-Bake Healthy Peanut Butter Trail Mix Bars - I wonder if these would work if you soaked the oats first?
Oatmeal Trail Mix Cookies - Healthier oatmeal cookies that are soft and chewy…
These Peanut Butter Chocolate Trail Mix Granola Bars are made with wholesome ingredients to create homemade granola bars you feel good about eating. On MyRecipeMagic.com
make it yourself trail mix. Mine would be almonds, pecans, pistachios, cranberries, apricots, pineapple, pumpkin seeds, m&ms, Cheerios and granola!
Peanut Butter Trail Mix Bars - almonds, cashews, oats, flaxseed, chocolate chips, dried cranberries, raisins, honey, creamy peanut butter
No Bake Trail Mix Granola Bars -- sweet, salty, chewy, and crisp, these granola bars are sure to satisfy any craving! || runningwithspoons.com #glutenfree #vegan
Scarecrow Fall Snack Mix - Easy to make! Have a small plastic cup or cupcake wrapper full of snack mix waiting on their plate. Good to entertain and keep them happy while they wait, when they first arrive. :-) Keep it healthy and no candy.
Frozen Yogurt Trail Mix Bars - such an easy, healthy, & delicious recipe! You only need 5 ingredients to make it & it's a huge hit all around. | Get the recipe on MrsHappyHomemaker.com
Sweet and Salty Trail Mix Granola Bars! So good we make these once a week.
Trail Mix More


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Instant Cappuccino Mix
Total Time
Prep 0 mins
Cook 0 mins
Gift Idea
Ingredients Nutrition
- 1 (8 quart) package nonfat dry milk powder
- 1 (16 ounce) jar powdered nonfat dry creamer
- 1 (8 ounce) jar instant coffee
- 1 (1 lb) package confectioners' sugar
- Combine all ingredients in bowl.
- Pour into wide-mouth jars for gifts.
- On label include instructions: TO SERVE, PUT 1/4 CUP MIX IN MUG. ADD 1 CUP BOILING WATER.
- NOTE: Coffee can be flavored, such as hazelnut or vanilla.
Most Helpful
I made a batch of this and kept a little for myself, but put most of it in a merchantile-style jar for my dear friend for her birthday (which was a big hit!!). We are both just crazy about your mix and are having so much fun making our own creations with different types of flavors using chocolate milk mix for mocha, and flavored creamers and such. This mix combined with a heaping Tbs of the "International-type" coffees really makes them stretch and is quite a penny-saver!! The combinations and possibilities are ENDLESS!!! Thanks for posting this very versatile, DELICIOUS, home-made mix for all java-junkies!! :)
I agree!! This is less expensive than buying the mix at the store and tastes much better. I'm also going to be making Christmas gifts with this wonderful recipe!! Kelly
Fantastic You have really made my day and my Christmas presents easier. Thank you Grannymj0


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ING cuts more from IT
ING plans further cuts to its investment banking operations outside the Netherlands and Belgium. The move follows last month's sale of its Asian equities business to Australia's Macquarie Bank.
ING will shrink the number of products it offers and scale back client coverage in its non-home markets as it looks to increase its return on capital in those areas.
The bank said it would focus its business solely on high value-added products, including equity and credit derivatives, high yield, and M&A advisory.
It will also only cover large international companies outside its core markets. In the Netherlands, Belgium, Germany and Poland, it will still cater for medium sized companies. Across the board, ING plans to reduce costs in IT projects and systems.
Investment banking contributed €1.2bn ($1.5bn) or 21% to ING group's total operating profit in 2003. Revenues stood at €5.6bn last year, almost unchanged on the year before, while expenses fell by 4% to €3.6bn.
Asia and Germany have been a drag on ING profits with both showing negative returns on investment. The return on capital was -4.4% in Germany and -2.4% in Asia last year.
In 2003, ING closed Asian offices in India, Indonesia, Thailand, Vietnam as well as in five locations across South America. The Dutch bank also slashed 260 jobs in Germany.
Last year ING's equities and broking operations were hit by job cuts, departures and client losses following the bank's decision to retreat from small-cap equities in favour of medium and large stocks.
It has been a difficult first quarter for ING's equity business culminating in the sale of its Asian business, which it had inherited from Barings in 1995.
Last month the bank scrapped its first significant initial public offering (IPO) for two years, after investors snubbed the valuation. X-Fab Semiconductor Foundries, the technology firm, was due to raise €138m at its flotation in Germany.
This followed news in January that ING's entire convertibles team in London had been made redundant after 12 members of the team defected to Nomura, the Japanese bank.
ING is now ranked 21st in the ECM league table with a 0.85% market share according to Dealogic, the investment banking research firm. It has completed five deals this year raising €278m.


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Cozy 3 Bedroom cape/2 full baths. Enclosed heated front porch. EIK w/granite countertops and recessed lighting-Anderson patio doors to deck/Hardwood flooring--large yard w/basketball hoops and storage shed. Newer carpet on 1st floor. Finished basement with ceramic floor tile. Oil heat. Quiet neighborhood. Move-in ready. Easy access to major highways and shopping. This is a short sale with bank approval at $210,000. All seller docs in and approved...should be a quick sale!! Ready to go!!! Bring only serious and pre-approved buyers please!! As is sale!! Buyer responsible for any and all municipal requirements in order to close. There is a C of O in place--must see if it's transferable.
Listing Courtesy of ERA QUEEN CITY REALTY


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Contact Loews Miami Beach Hotel
Have a question?
Want to leave a comment? We would love to hear from you.
Miami Beach, FL
When you can see the sea, order the seafood. It's easy to obey this maxim when staying at Loews Miami Beach Hotel, thanks to our signature restaurant, Lure Fishbar. After success in the SoHo neighborhood of NYC, Executive Chef Josh Capon brings Lure and its luxury yacht-inspired setting and menu loaded with fresh seafood and other classic dishes to its natural home in South Beach. Choose from a wide selection of sushi, shucked oysters and fresh shellfish as well as other delicious Miami-inspired appetizers and entrees. Not in the mood for seafood? No problem; Lure Fishbar offers a full menu of mouthwatering steaks, pastas and other non-seafood dishes. You'll be pleased to know that drinks are just as fresh, with the eclectic bar menu offering cocktails like "The Catch and Release," "Masters At Arms" and the "Auxiliary Ship." Yes, you could say we're nuts for all things nautical. But when you have stunning ocean views like the ones from the outdoor terrace at one of the best South Beach hotels, wouldn't you be, too?
Monday - Thursday: 6 PM–11 PM
Friday & Saturday: 6 PM–12 AM
Sunday: 6 PM–10 PM
Happy Hour: Daily 6 PM–8 PM
Savor farm-to-table, locally sourced American cuisine with a Latin twist at Preston's Market. Open for breakfast, lunch and dinner, seasonal menu selections include Preston's Signature Burger, Florida Shrimp & Grits, premium cuts of meat and more, as well as Preston's famous Breakfast Buffet and a la carte selections.
Burgers, craft beers, big-screen TVs and delicious drink options surround you in our relaxed bar and lounge. From organic microbrews to small batch bourbons, sipping rums and smoked cocktail creations, there's something to quench everyone's thirst. Pair your drink with fresh sushi and dim sum, or favorites like Cuban sandwiches, wings and other treats from Hemisphere's big-bites bar style menu.
Hemisphere Bar And Lounge Menu
Hang out at the Hemisphere Lounge or poolside on a night you don't feel like going far. (We don't blame you.) That's right, you don't have to leave the hotel to hear local sounds and savor the flavor of Miami. Each week we have a variety of different Miami Beach music and entertainment options for guests to enjoy. Get ready for classic rock and Latin Night as well as Miami's up-and-coming stars and DJs.
Step away from the sun, lounge poolside or escape the waves with a tropical cocktail or light fare at our grill. Food and Beverage service available from 11 AM to dusk. Sunset Specials every Friday and Saturday night. No reservations required.
Nautilus Poolside Menu & Cocktail List
Cool off in our eclectic ice-cream and candy shop. SoBe Scoops offers a variety of sweet treats featuring the popular and locally churned Azucar ice cream with unique, Miami influenced flavors, great topping choices, homemade bakery treats and a candy wall. Tempting treats baked by our pastry chefs, as well as sundaes, shakes, smoothies, Starbucks Coffee and daily specials make it hard to settle on just one thing. Consider this your excuse to come back for seconds. Open daily from 11 AM to 11 PM. No reservations required.
Escape the daily grind and grab a Starbucks coffee, latte, Tazo tea or juice or even a quick Continental breakfast from our local baristas. Open daily from 6 AM–12 PM. No reservations required.
For our guests' privacy and comfort, those who wish to eat a meal or order a snack to their room can do so 24 hours a day.
Want to leave a comment? We would love to hear from you.
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Prices and availability are subject to change from the time and date that you print this page.
12/9/2016 12:36:45 PM. For Customer Service, please call 800.933.9904
One doll's a pal. Two is company. And three's a crowd. Especially when they're these super soft, hand knit dolls with stylish outfits and pets. Plus, they're perfectly sized for toddlers, too.
Knit Crowd Toddler Doll Redhead 9"H
Details, details
- Nod exclusive, designed by us
- Perfect playmate for toddlers
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Show 'em what you're made of
Care instructions
Age range
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