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United States District Court, Seventh Circuit
May 15, 2013
PLAYBOY ENTERPRISES INTERNATIONAL, INC., a Delaware corporation, Plaintiff,v.PLAY BEVERAGES, LLC, a Delaware limited liability company; CIRTRAN BEVERAGE CORPORATION, a Utah corporation; and CIRTRAN CORPORATION, a Nevada corporation, Defendants.
ROBERT W. GETTLEMAN, District Judge.
On February 1, 2013, Playboy Enterprises International, Inc. ("plaintiff") filed a motion for preliminary injunction to enjoin Play Beverages, LLC ("Play Bev"), CirTran Beverage Corporation ("CBC"), and CirTran Corporation ("CirTran") (collectively, "defendants") from using plaintiff's trademarks on defendants' products. Defendants opposed the entry of a preliminary injunction, and on March 5, 2013, moved to dismiss or stay this action pending the resolution of a parallel case in state court. For the reasons described below, the court grants defendants' motion to stay the instant case and denies the motion for a preliminary injunction without prejudice.
The instant dispute arises from a license agreement between the parties regarding the use of two of plaintiff's trademarks: the "Playboy" name and the Rabbit Head Design. In 2006, plaintiff and Play Bev entered into a product license agreement ("license agreement") that granted Play Bev the right to distribute certain non-alcoholic drinks, including an energy drink labeled "Playboy Energy Drink, " in certain territories. Play Bev subsequently entered into a manufacturing and distribution agreement with CBC, a subsidiary of CirTran, that granted CBC certain manufacturing and distribution rights regarding Playboy Energy Drink. CBC in turn recruited various sub-distributors in different countries, including Redi FZE, an entity based in the United Kingdom.
The parties characterize the terms of the license agreement slightly differently. Plaintiff states that the license agreement had an initial five and a half year term with three five-year renewal options that required explicit approval by plaintiff. Defendants state that the license agreement had a twenty year term, with an initial five year term and additional renewal terms. The parties agree that under the terms of the license agreement, Play Bev was required to pay plaintiff a guaranteed royalty and meet a certain amount of "minimum net sales" each year the license was in effect. During the initial five year term, Play Bev did not meet the minimum net sales amount, but plaintiff expressly waived this default.
Plaintiff contends that the license agreement has expired and that defendants continue to use the Playboy marks illegally, creating confusion among consumers and causing irreparable harm. Defendants allege that, even if the agreement has expired, plaintiff is obligated to renew the license and the continuing use of the mark does not constitute infringement.
According to defendants, in March 2011, plaintiff expressly indicated that it intended to renew the license agreement with two amendments: plaintiff would accept the quarterly payments of guaranteed royalties; and the net sales target would be waived as long as Play Bev developed its territory and distribution network. Plaintiff then allegedly reversed its position on April 1, 2011, when it demanded the full $2 million guaranteed royalty owed under contract. Defendants allege that plaintiff intended to terminate the license agreement in order to work with an alternative licensee: Redi FZE. Plaintiff allegedly was in formal negotiations with Redi FZE by May 2011, while Redi FZE was under contract with CBC and subject to a non-circumvention provision. Defendants also allege that plaintiff disrupted defendants' business operations and distribution network by communicating with distributors and sub-licensees, contributing to defendants' default on certain contract requirements.
The instant case is not the first time these parties have met in court in connection with the license agreement. On April 26, 2011, prior to the expiration of the initial term of the agreement, several Play Bev creditors filed a petition commencing an involuntary Chapter 7 bankruptcy proceeding against Play Bev, which Play Bev converted to a voluntary bankruptcy under Chapter 11. On June 7, 2011, plaintiff notified defendants that the license agreement had expired due to defendants' failure to pay the royalties. Play Bev advised plaintiff of the bankruptcy proceeding and indicated that the termination notice was void due to the bankruptcy. On August 29, 2011, Play Bev initiated an adversary proceeding against plaintiff and others in the bankruptcy court, alleging that plaintiff had breached its contractual obligations and tortiously interfered with Play Bev's distribution network. Plaintiff filed a counterclaim. The parties subsequently negotiated a standstill agreement wherein Play Bev agreed to dismiss the adversary proceeding without prejudice in order for the parties to negotiate a business resolution. No resolution was reached in these negotiations.
Under the license agreement, the initial five-year term was to expire on March 30, 2012. During the course of the bankruptcy proceedings, the parties entered into two extension agreements in furtherance of the parties' negotiations for a settlement of claims and a new license agreement. The parties first agreed to extend the original license agreement until July 31, 2012. In July 2012, the parties entered into a second extension agreement, which provided three alternative expiration dates for the original license agreement. The extension agreement stated that the license agreement would expire on September 30, 2012, and provided that the license agreement would end on an alternative date if Play Bev obtained an order confirming its Chapter 11 plan of reorganization by September 30, 2012. Alternatively, the extension agreement provided that it would "terminate automatically and without further action by either party or the Bankruptcy Court" if Play Bev's proposed reorganized debtor did not make a $2 million payment into escrow for the benefit of Playboy in a specified time-frame.
In August 2012, a new license agreement was executed. Play Bev, however, failed to the make the $2 million payment required to make the agreement effective.
On October 15, 2012, plaintiff provided notice to defendants that it considered the license agreement to be expired and asserted that Play Bev had no continuing license rights. In response, on October 25, 2012, Play Bev and CBC filed a lawsuit in Illinois state court against Playboy and others, re-alleging the claims from the adversary proceeding. That case is currently proceeding before Judge Pantle in the Circuit Court of Cook County.
The bankruptcy court in Utah dismissed Play Bev's case on December 7, 2012. On December 11, 2012, plaintiff filed a complaint and motion for a preliminary injunction in federal court in the Central District of California. On January 30, 2013, the federal court dismissed plaintiff's action without prejudice, finding that venue was more proper in Illinois. On February 1, 2013, plaintiff filed the instant action and sought a preliminary injunction. On March 5, 2013, defendants filed a motion to stay the instant suit under the abstention doctrine announced in Colorado River Water Conservation District v. United States , 424 U.S. 800, 96 S.Ct. 1236 (1976), or alternatively, under the first-to-file rule.
The court first analyzes defendants' motion to stay the instant case pending the resolution of the state court case. "Federal courts have a virtually unflagging obligation' to exercise the jurisdiction conferred on them by Congress." AAR International, Inc. v. Nimelias Enterprises S.A. , 250 F.3d 510, 517 (7th Cir. 2001), quoting Colorado River , 424 U.S. at 817. Nonetheless, animated by concerns about "wise judicial administration" and "conservation of judicial resources, " in Colorado River the Supreme Court held that under "limited" and "exceptional" circumstances, a federal district court may stay or dismiss[1] an action when there is an ongoing parallel action in state court. Id. at 818; LaDuke v. Burlington Northern Railroad Company , 879 F.2d 1556, 1558 (7th Cir. 1989).
As the Seventh Circuit noted in Lumen Construction, Inc. v. Brant Construction Co. Inc. , 780 F.2d 691, 694 (7th Cir. 1985), "a federal court cannot lightly abjure its responsibility to assert jurisdiction." Thus, "if there is any substantial doubt that the parallel litigation will be an adequate vehicle for the complete and prompt resolution of the issues between the parties, it would be a serious abuse of discretion for the district court to stay or dismiss a case in deference to the parallel litigation." AAR International , 250 F.3d at 518. (Internal citations omitted.) To determine whether Colorado River abstention is appropriate, a court must first address whether the state and federal actions are parallel. Id . If the actions are parallel, the court then considers the factors articulated in Colorado River and its progeny to determine whether exceptional circumstances exist warranting abstention. Id.
Suits are parallel if "substantially the same parties are litigating substantially the same issues simultaneously in two fora." Id . (quoting Schneider Nat'l Carriers, Inc. v. Carr , 903 F.2d 1154, 1156 (7th Cir. 1990). A court asks not whether the suits are "formally symmetrical" or identical, but rather whether there is "a substantial likelihood that the foreign litigation will dispose of all claims presented in the federal case.'" Id., quoting Day v. Union Mines, Inc. , 862 F.2d 652, 656 (7th Cir. 1988). The mere presence of additional parties or issues in one of the cases will not necessarily preclude a finding that they are parallel. Caminiti & Iatarola, Ltd. v. Behnke Warehousing, Inc. , 962 F.2d 698, 701 (7th Cir. 1992); Lumen , 780 F.2d at 695.
In support of their motion, defendants argue that the instant case is simply the "mirror image" of the state court suit, and that the suits are parallel. Plaintiff argues that the actions are not parallel because the state suit deals with conduct during the term of the contract, and the federal suit deals with post-contractual conduct.[2] The court disagrees. Although plaintiff focuses on alleged post-contractual infringement, defendants' defense in the federal action involves the conduct that occurred during the term of the contract. Drawing a temporal line is an artificial barrier; the court must consider the conduct of the parties that is relevant to the determination of merits of the case, regardless of when it occurred.
Here, the parties and issues are substantially the same in both the state court case and the instant action. At the heart of both cases is the status of the license agreement. The determination of whether defendants are entitled to continue to use the marks is crucial to the outcome of both actions.[3] Should this court determine that defendants have the right to continue to use the mark, plaintiff's request for a preliminary injunction will be denied. The state court will have to consider the same arguments in order to rule on defendants' claims in the state court action, and a determination in favor of defendants would essentially resolve the predicate factual and legal questions in plaintiff's trademark, false advertising, and cybersquatting claims in this court. Likewise, should this court find that the license has expired, defendants will no longer have the right to make use of the marks, and plaintiff's request for preliminary injunction may be granted. The state court could also evaluate the same arguments and determine that defendants are not entitled to use the mark.[4] Such a ruling would potentially resolve many predicate questions necessary to the resolution of all of plaintiff's claims in the instant case.
Because of the substantial overlap in the relevant facts, arguments, and claims in these actions, there exists the potential for inconsistent rulings. If this court were to consider and grant the motion for preliminary injunction at this juncture, such a ruling could contradict and interfere with the state court's prerogative to decide the issues pending before it. Additionally, "since a judgment by either court would ordinarily be res judicata in the other, the existence of such concurrent proceedings creates the serious potential for spawning an unseemly and destructive race to see which forum can resolve the same issues first- a race... prejudicial... to the possibility of reasoned decisionmaking by either forum." Arizona v. San Carlos Apache Tribe of Arizona , 463 U.S. 545, 567-68, 103 S.Ct. 3201, 3214, 77 L.Ed. 2D 837 (1983). Because both actions seek injunctive relief, there is the possibility that competing injunctions could issue from both courts, a grave "consequence[] for the appearance and actuality of justice." Lumen , 780 F.2d at 694 n. 2. The central question in this dispute is currently being considered by both courts, and "there would be a grand waste of efforts by both the courts and parties in litigating the same issues regarding the same contract in two forums at once." Microsoftware Computer Systems, Inc. v. Ontel Corp. , 686 F.2d 531, 538 (7th Cir. 1982), overruled on other grounds by GulfStream Aerospace Corp. v. Mayacamas Corp. , 485 U.S. 271, 108 S.Ct. 1133, 99 L.Ed.2d 296. These two actions are an instance of the parties litigating the same issues in both fora and are parallel. Having determined that the state and federal actions are substantially similar, the court must analyze the following factors to determine whether "exceptional circumstances" exist to justify deference to the state court under Colorado River: (1) whether the state court has assumed jurisdiction over property; (2) the inconvenience of the federal forum; (3) the desirability of avoiding piecemeal litigation; (4) the order in which jurisdiction was obtained by the concurrent fora; (5) the source of governing law; (6) the adequacy of state court action to protect the federal plaintiff's rights; (7) the relative progress of state and federal proceedings; (8) the presence or absence of concurrent jurisdiction; (9) the availability of removal; and (10) the vexatious or contrived nature of the federal claim. Lumen , 780 F.2d at 694-95. No single factor is determinative. See Colorado River , 424 U.S. at 818.
"The decision to abstain is based on an assessment of the totality of the circumstances." Finova Capital Corp. v. Ryan Helicopters U.S.A., Inc. , 180 F.3d 896, 900 (7th Cir. 1999). Thus, the district court's decision whether to abstain should not rest on a "mechanical checklist" of the relevant factors, and the weight given to any particular factor will vary greatly from case to case, depending on the particular factual setting. LaDuke , 879 F.2d at 1559, citing Moses H. Cone Memorial Hosp. v. Mercury Construction Corp. , 460 U.S. 1, 16, 103 S.Ct. 927, 942 (1983).
Several of the factors listed above weigh heavily in favor of abstention. The state court obtained jurisdiction first when defendants filed the state court case in October 2012, approximately three months prior to the filing of the instant action. The state court has also invested significant time in familiarizing itself with the facts of this dispute and has advanced greater discovery and ruled on substantive motions. The relative progress of the suit in state court favors a stay in the federal action.
Additionally, because the issues in both cases are intertwined and there exists the potential for inconsistent rulings, the desirability of avoiding piecemeal litigation is strong. "Piecemeal litigation occurs when different tribunals consider the same issue, thereby duplicating efforts and possibly reaching different results.'" Day , 862 F.2d at 659 (quoting American Int'l Underwriters, (Philippines), Inc. v. Continental Ins. Co. , 843 F.2d 1253, 1258 (9th Cir. 1988)). Here, a state court decision could obviate the need for a ruling from this court, as described above. Moreover, there is a definite possibility of inconsistent results if the courts were to arrive at differing conclusions regarding the defendants' use of the marks. The potential for duplication and inconsistency counsel in favor of abstention.
It should be noted as well that plaintiff did not attempt to remove the state court case to federal court until such a motion was untimely. While staying the federal case may preclude plaintiff from pursuing its claims in a federal forum, plaintiff had the opportunity to remove the state court action and did not do so. The availability of removal therefore does not weigh against abstention. The failure to pursue removal, however, does factor into whether the federal claim is vexatious or contrived. Although defendants allege that plaintiff is forum shopping by filing the federal action, the court notes only that plaintiff's motives for filing the case in this court instead of removing the state case are questionable. The tenth factor therefore does not weigh heavily for or against abstention.
Although plaintiff's trademark-related claims arise under federal law, the dispute surrounding the license agreement is to be adjudicated pursuant to Illinois law governing contracts. Defendants' claims in the state court lawsuit are all state law tort claims that are properly before the state court. There is also concurrent jurisdiction in the state court over plaintiff's federal trademark claim. Should plaintiff decide to seek a more speedy resolution to its federal claims, those claims may properly be pursued as counterclaims in the state court. Plaintiff's rights are therefore not disadvantaged by abstention.
The remaining factors do not weigh either for or against abstention, or else are not significant in this case. The first factor, whether the state has assumed jurisdiction over property, is inapplicable to the present case. The second factor, the inconvenience of the federal forum, is not significant here either: the federal and state courthouses involved are close to each other. The totality of the circumstances surrounding the instant case counsel in favor of abstention.
Because the court finds that a stay is appropriate under Colorado River, there is no need to reach the question of whether a stay is appropriate under the first-to-file rule.
For the reasons described above, the court grants defendants' motion to stay pending the resolution of the state court case. In light of the stay, the court denies plaintiff's motion for preliminary injunction without prejudice to plaintiff's seeking such relief in the state court. The status date of May 21, 2013, is stricken, and a report for status is set for October 17, 2013, at 9:00 a.m.
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"James Warren "Jim" Jones (May 13, 1931 – November 18, 1978) was the founder and the leader of the Peoples Temple, best known for the cult murder/suicide in 1978, 909 of its members in Jonestown, Guyana, and the murder of five individuals at a nearby airstrip. Over 300 children were murdered at Jonestown, almost all of them by cyanide poisoning. Jones died from a gunshot wound to the head.
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Federica CIOLINA, Lucia MANGANARO, Roberto SCIPIONE, Alessandro NAPOLI
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Below are the all-time best Paul Knight-Kirby poems as chosen by PoetrySoup members
View ALL
Paul Knight-Kirby
I envy the dust, the way it moves all free and careless,
released from it's sleeping state the thunderous pounds
of late shelling, again endless.
Muffled shouting, through this trench confounding,
Mustard attack, gas mask aside, fingers in fumbling fight
bitter cold night in a field.
No fireside, food to bite
cigarettes to smoke and mates to joke.
last one gone two days ago up one minute then vanished in a puff of smoke.
this place is beyond reality, it's beyond insanity
fighting for earth no mother walked nor father built.
If they want to fight then bring it to my hills, not this flat wasteland of mud, blood, bones and chills.
We were thrown into this bloody war,
and we wont have our say, like we've never had before.
Taken to the slaughter history will say,
throwing ourselves forward like tidal-waves.
Waves on waves of sacrificial lunacy again and again.
we've taken little ground and this other trench looks bad, worse than ours
doesn't looked heavily manned looks like we lost more man.
What do we gain now? apart from more time in thought.
those withered layers of rotting feverish flesh, one part is fresh
the other pure dread.
captain is shouting, up on my legs
what's going on...conscious or dead?
Copyright © Paul K K | Year Posted 2016
The riveting and winding complexity of this dated device moans in the grinds of it's exhausted exterior.
Delicate though precise it punctures through the malice of the fools logic.
Grasping onto a vision so modestly tamed.
permitting the inner reflection of it's grimy vanity and cannily projecting the alter ego for the bespoke acceptance of it's dreary fantasy.
They will never understand, or ever know...the burden of the wise to the limits of stupidity.
The jester of maximum proportion, the seller of false attire.
The woven ingredients come forth to the shiny purity of it's ending destination.
The folly of all ages, that great pretender of truth.
And gone to days past the awakening of this shattered belief and fading out the moment of blissful reign.
The crow is solemn among the branch,
Staring at nothing but horizons and bark.
The snow capped scene it did surround, in the quiet, sleepy
and noisy town.
The crow shudders its wings and wakes the snow in a hazy
Clouded shroud the crow did go
He had witnessed the inhabitants more than he dare see
The abuse, the guile the festering fleas
The rodents of theatre masquerading a foul vigor
In duplicated ego, and whispered intuition.
He saw the truth he saw the daily lies the grand hypocrisy
The grand prevail.
They cannot ere another fable the replica of tales repeats
In ceaseless curiosity.
He flaps amongst the cold air and feels the rush of europhia
As he dances with ability, freedom and choice
The crow moves in unstoppable momentum towards the observed horizon
And behind the orange glow of life.
I once owned a uniform that shone in pride
The polished brass, creases and lines
An army of friends and civilian respect
I marched upon every street, placed every laureate
The glowing admiration, the tireless market
Of gazing faces that sung even to the heartless
Badgered by memories that I couldn't forget
Now withered and worn the years of regret
My mental battle the suffering toll of silence
No words I could mouth about the raw entirety
Flashbacks of those wars supplying me
But I sit a cluster of before
My battlefield a daily occurrence of aimlessly wandering
In routine emergence
of seeking cigarette butts and borrowing more time and beer
To drown out the battle none but mine could hear
I clamber from bush broken sunlight, coughing up
The empty sobriety of reality
Just a used device a human resource
Hoodwinked and lead noose in ignorant obligation
A never-ending instigation from mind emancipation
From this dumb founded degree of humiliation
Drunken laughter upon this man once bold
Pissing on the soul, and soles of my ragged boots I couldn't maintain or even hold
Completely neglected by all I did serve
Now served by a starvational solitude
A face that none could remember, a shadow of my youth
Just aloof, wandering every day until my feet give up from the holes in my boots
Until I drop dead like the rest of the 'glorious dead'
Should have been left with my rifle on a battlefield proper
Something my mind could accept, something I would now offer.
And who would care and would begin to wonder
Who these men were and why in such slumber
After all I am just a homeless soldier.
Modern day Empire
The same as old,
Man doesn't really have time
Just Inventions and different clothes.
Still craving our nature the two split purpose,
Consumption and reproduction
All else is conjuring vanity,
An evolving Microchip of lost perception, a tinted clarity.
Yet we entrapped ourselves into a diamond cast,
Being compounded by every grasp that meets ear, eye and touch.
Never forget the truth bearing lust,
that feeling of inner-ness that splinter-hair precision awareness
And ask the question you've subconsciously locked away
Why are you being and what are the aims?
And then at that moment your shell will fall apart
so remind yourself of the real truth the binds mind and heart,
and roam among your ancestors in the lyceum of endless fascination
in one's mighty reflection and complacence.
Copyright © Paul K K | Year Posted 2013
The world is a lave a pallet of creation
Looking into space, a futile distraction
The earth is in space and all it represents
Looking upward wondering ignoring the obvious
The pattern of nature the key to life
Everything in nature release us from strife
From wondering mind, from wondering soul
Pillar too pillar young and old
Some think of it as architecture, some confusing mess,
Some a spontaneous fragment of scientific jest
To some a duty a jigsaw to caress,
And some just get on and never confess
We each hold the answer to our brain
Coming once sometimes again and again
Sometimes never at all, contained in distraction
The harrowing lore, the abyss of infatuation
The buckled belt restraint on the mind
Have to find out, not sure I will with death and time
But will it empower or dissolve my life
Sitting here continually wondering why
When that could be it, just to live to experience and enjoy it
And we the fools who try to explain never understood the simplicity
Expanding our stupidity with information overload, we didn't need
To study or to vex our thoughts flexing our complexion
With stressful sickness broken and distraught,
Are we just the sickness in god's body?
A disease spreading in the DNA of the supreme
Thinking we are special, a comforting belief
Or are we trapped in our own creation,
Our creation is no waiting quotation
Or selfish intoxication of boredom
Or perhaps, the conclusion the capstone solution
Buried with its foundation, alas the incantation released
And now fondled into confusion its veil of truth still uncovered
No one is true enough to bind its rudder,
Elevate one's conscience, conjure up the thunder
Not in modern times where knowledge is sought
By any mind, any person, any element of thought.
Copyright © Paul K K | Year Posted 2012
And here i arrive at the lovers gate,
Steering thoughts to captivate
the ferrying notions of our fate,
the empty, quiet, familiar state.
Alas it's come to say goodbye
as i knock on yesterday's door,
no confidence or measure
no laughter, no more.
as we continue in our absence
we fade our memories in weary complacence,
like festering leaves among the steps,
leaning over the window ledge
coffee morning toast, bed
we eliminate the dread of the past undead.
just so we can forget and adjust
and forever pass-by in forgotten love.
Copyright © Paul K K | Year Posted 2015
We the victim's of incompetence
We the pawns of vain experiments
Imprisoned by oligarchic, social engine.
Our pains, reflected by gluttonous pride.
Fermenting in black boil bubbling greed
Modern slavery in it's prime, glistening
like polished diamond shine.
All pretentious, phoney entrapment,
lurking through time, the ideal system,
for a criminal eye, the perfect crook,
filtered on a system it built, it impressed,
and we undertook, now just mere
Upon the ladder of fingers,
The shadow composer casting the melody
of subjugated illusion, laughing at ease,
gazing upon their resolution.
A famine of needs and desires, tortured
by the selected lot, who mock as we rot,
in the mould around the bars of our cot.
The misleading consequence of
innocence, of ignorance, of vulnerability.
The digital web of deception, ripples in
shuddered glee, it's next victim
screaming, and then hushed silently
among those chambers of conformity, an
commodity given a number and then
freed, for some years.
Next it's taught to adhere to the
requirement of 'our' society,
Pushed through any resistance,
Your ADD, labeled and branded for all to
see, your defunct from a higher form, an
acceptable sense of reality, the easier
chores of slavery,
and less material distraction, an extra
In the sinister sweating perversion,
The passive exodus that moves in night
and day excursions, fossiled in a lava of
weary confusion.
We are the lost Generation on a path we
cannot see, in a destiny that isn't you and
isn't me.
What do you see in the mirror of your reflection?
your own body, or your own detection?
or the competition of another...the mindless mind occupy your subjective projector
Confusing, deluding...dreams know more order, dreams show more practical structure
The Ego is your master and you the acute apprentice infecting the weak of reality
using the close resources to master it's design in your mind
It's built your normality and to question is your own insanity
Feasting upon your wretched blindfold granting your desires \
it gave you your house, that house in which it made you.
the fatal awareness that mostly last breaths discover
a touching leap too late too seeped with much too weep
And by then too little to seek what then shall you do once you see the truth?
Could you even muster your own imagination and destroy natures enemy
Or are you the Anti-persona dripped in your own tragedy rippled and shelled
making a hell of a heaven or a heaven of a hell this is the abundant device
so rarely fought so quiet like mice so if you unveil this master of tricks
be sure to find your way out of it like shattered glass you may find yourself
lost without hope grinding deeper into the oblivion vanishing like air in smoke.
Bang, Bang, Bang
The cracks in my ears
Run,run,gone the silhouette of my peers
My boots are sandals of mud, moulded like baked pastry
Time, time, time, was the beating of my thought
March, march, march, were my orders of before
Now the battle smoke has cleared and my heart can feel no more
Strains of my friends leave memories upon this ground
Like ripped soggy tissue, all around
And I am alone, too scared to make sound
Too much realization too young to know
What things I could be doing and what things I should bestow
What sights I should of seen and what has tarnished the in-between
The passive reacting cold has taken my future, blemished the soul
Young,young,young was the age of us all
Kill, blood, kill was all we had in store
Rapid swirling deaf I see the blood inside
I've taken one round and I'll never survive
I can see a rain drop roaming down this rock
It's the last vision to understand this life I still have got
It's harmonic stature it's peaceful rot
And here is my end I cannot grip a stare
I cannot effort my fingers I know I must be dying, seconds to bare
I don't know what to do but I am not crying
It's getting hard to breathe I cannot feel my toes
I can hear my mother calling, I muster a smile
I am surrounded by the loved ones escalating mile upon mile
A final push of effort understood as folly
Yawn, gasp, then death has taken me to dark
I'll miss a many faces; I'll never ride my bike
I'll never kiss those soft lips or feed a little guy
I'll never enjoy those things I've always lived to buy
And I'll never know the future as I am far too young to die


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November 30, 2010
VASANTHANKUMARAN SELVARAJAH, PLAINTIFF,v. U.S. DEPARTMENT OF HOMELAND SECURITY,ERIC HOLDER U.S. ATTORNEY GENERALDEFENDANTS.
The plaintiff Vasanthankumaran Selvarajah ("Selvarajah" or the "plaintiff"), seeks to enjoin the defendants Department of Homeland Security ("DHS") and United States Attorney General Eric Holder, Jr. (collectively the "defendants" or the "Government") from continuing removal proceedings against him. He seeks a preliminary injunction enjoining those proceedings. The plaintiff claims that the Notice to Appear ("NTA") charging him with removability is defective because it was signed by an officer who was not authorized to issue an NTA. The defendants move to dismiss the Complaint pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure, and oppose the motion for a preliminary injunction.
The Government contends that the Complaint should be dismissed for lack of subject matter jurisdiction. Because the plaintiff's removal proceeding is currently pending before the immigration court and a final order has not yet been issued, the Government contends that this proceeding is not ripe for judicial review and that under 8 U.S.C. § 1252(a)(5), the district court does not have jurisdiction over the plaintiff's claim because it relates to a removal order.
In defending a motion to dismiss for lack of subject matter jurisdiction pursuant to Federal Rule of Procedure 12(b)(1), the plaintiff bears the burden of proving the Court's jurisdiction by a preponderance of the evidence. In considering such a motion, the Court generally must accept the material factual allegations in the complaint as true. See J.S. ex rel. N.S. v. Attica Cent. Schs., 386 F.3d 107, 110 (2d Cir. 2004). The Court does not, however, draw all reasonable inferences in the plaintiff's favor. Id.; Graubart v. Jazz Images, Inc., No. 02 Civ. 4645, 2006 WL 1140724, at *2 (S.D.N.Y. Apr. 27, 2006). Indeed, where jurisdictional facts are disputed, the Court has the power and the obligation to consider matters outside the pleadings, such as affidavits, documents, and testimony, to determine whether jurisdiction exists. See Anglo-Iberia Underwriting Mgmt. Co. v. P.T. Jamsostek (Persero), 600 F.3d 171, 175 (2d Cir. 2010); APWU v. Potter, 343 F.3d 619, 627 (2d Cir. 2003); Filetech S.A. v. France Telecom S.A., 157 F.3d 922, 932 (2d Cir. 1998); Kamen v. Am. Tel. & Tel. Co., 791 F.2d 1006, 1011 (2d Cir. 1986). In so doing, the Court is guided by that body of decisional law that has developed under Federal Rule of Civil Procedure 56. Kamen, 791 F.2d at 1011; see also Leyse v. Bank of Am., No. 09 Civ. 7654, 2010 WL 2382400, at *1 (S.D.N.Y. June 14, 2010).*fn1
The plaintiff is a native of Sri Lanka who sought political asylum in the United States. On May 22, 2002, the plaintiff was granted asylum and his status was adjusted to lawful permanent resident. (See Compl. Ex. A.)
On March 17, 2009, the United States Department of Homeland Security issued Selvarajah an NTA alleging that he procured asylum "by fraud or by willfully misrepresenting a material fact." (Id.) The NTA was executed by Philip A. Savage, a Supervisory Immigration Services Officer.
On November 24, 2009, the plaintiff filed a Motion to Terminate Proceedings before Immigration Judge Javier Balasquide, on the ground that the NTA was defective. (Compl. ¶¶ 10-11.) The plaintiff argued that the NTA was defective, because a Supervisory Immigration Services Officer ("SISO") is not one of the enumerated officials authorized to issue an NTA pursuant to 8 C.F.R. § 239.1(a). (Id.) In an oral decision delivered on March 2, 2010, Judge Balasquide denied the motion, explaining that he found SISO Savage to be authorized to execute an NTA. (Id. ¶ 11.)
The plaintiff's request for an Interlocutory Appeal to the Board of Immigration Appeals (BIA) was denied. (Id. ¶ 13.) The Board's decision stated that "[t]he circumstances of this case do not meet [the] stringent criteria for interlocutory review." (Id. ¶ 13.)*fn2
The plaintiff now moves for a preliminary injunction against the Government to stop the removal proceedings against him.
The Government contends that this Court does not have subject matter jurisdiction in this case, because § 1252 vests the court of appeals with exclusive jurisdiction to review challenges arising from removal proceedings and requires a final order as a prerequisite to judicial review. The petitioner argues that this Court has jurisdiction over his claim.
Section 1252(b)(9)of Title 8, provides for judicial review.
This section states that,
Judicial review of all questions of law and fact, including interpretation and application of constitutional and statutory provisions, arising from any action taken or proceeding brought to remove an alien from the United States... shall be available only in judicial review of a final order under this section.
8 U.S.C. § 1252 (a)(5) makes clear that "judicial review" in this context means review by the court of appeals:
[A] petition for review filed with an appropriate court of appeals in accordance with this section shall be the sole and exclusive means for judicial review of an order of removal entered or issued under any provision of this chapter....
8 U.S.C. § 1252(g) further clarifies that Except as provided in this section and notwithstanding any other provisions of law (statutory or non-statutory),...no court shall have jurisdiction to hear any cause or claim by or on behalf of any alien arising from the decision or action by the Attorney General to commence proceedings, adjudicate cases, or execute removal orders against any alien under this chapter.
It is plain from these provisions that this Court lacks jurisdiction to review the interlocutory determination of whether the INA was signed by an appropriate person. Judicial review of this question of law or fact, arising from the petitioner's removal proceeding, is only available in judicial review of a final order of removal. 8 U.S.C. § 1252(b)(9). That type of judicial review can only be entertained by the court of appeals. 8 U.S.C. § 1252(a)(5). This court lacks the jurisdiction to hear a claim, such as the plaintiff's, that arises from the action of the Attorney General in the adjudication of a removal proceeding. 8 U.S.C. § 1252(g).
The plaintiff argues that this Court has jurisdiction on several different grounds. First, the plaintiff argues that "[j]udicial review of all questions of law and fact... arising from any action taken or proceeding brought to remove an alien...," 8 U.S.C. § 1252(b)(9), is limited to review of orders of removal only. Because the plaintiff is challenging an NTA, and not a removal order, the plaintiff argues that § 1252(b)(9) does not divest the Court of jurisdiction for this matter. The plaintiff relies on the decision of the Court of Appeals for the Second Circuit in Luna v. Holder, 2010 WL 3447886 (2d Cir. Sep. 3, 2010) (withdrawn). That decision has since been withdrawn for reconsideration, and, in any event, is plainly distinguishable.
Luna concerned a situation where the petitioners were apparently banned from challenging their final orders of removal in the Court of Appeals, because the petitions were untimely. The petitioners argued that the petitions were untimely because of ineffective assistance of counsel or circumstances created by the government. The Court of Appeals was thus faced with the question of where, if at all, the petitioners could raise their challenge that their petitions for review in the Court of Appeals were untimely through no fault of their own. The Court of Appeals determined that the challenge should be heard by the district court and that 8 U.S.C. § 1252(b)(9) did not preclude such review because the claim was not a direct challenge to a final order of removal. The Court of Appeals joined other courts of appeals which had found that district courts retain jurisdiction over claims that are collateral to or independent of removal orders. Luna v. Holder, 2010 WL 3447886 (2d Cir. Sep. 3, 2010) (withdrawn).
Luna, even if it were not withdrawn, provides no help to the plaintiff here. First, it was plain in Luna that there were final orders of removal, and the issue was where, if at all, challenges to alleged defects in the subsequent review process could be heard. Here, there is no final order of removal, and 8 U.S.C. § 1252(b)(9) bars review of the questions of law or fact concerning the validity of the NTA, which plainly arises from the removal proceeding, except in judicial review of a final order of removal. Second, while the Court of Appeals construed the challenge in Luna to be "collateral" or "independent" of the removal, the plaintiff's challenge to the NTA which began the removal proceeding and was litigated in the removal proceeding could not conceivably be described as "collateral" or "independent" of the removal proceeding. Here, the plaintiff unsuccessfully raised a challenge to the NTA in the immigration court and can raise his claim with the BIA after completion of the removal proceeding.
While the petitioner argues that § 1252(b)(9) grants courts of appeals exclusive authority to review removal orders only, and that district courts may entertain other challenges related to removal, the only such challenges that the district courts have in fact been permitted to entertain are challenges that are independent of a removal order. See, e.g., Nnadika v. Atty. Gen., 484 F.3d 626, 631-33 (3d Cir. 2007) (explaining that the petition for habeas corpus was properly made in the district court to the extent it challenged a denial of an asylum application rather than a final order of removal); Madu v. Atty. Gen., 470 F.3d 1362, 1367 (11th Cir. 2006) (question presented to the district court was whether there was a removal order at all); Hernandez v. Gonzales, 424 F.3d 42, 42 (1st Cir. 2005) (concluding that the district court retains jurisdiction for a challenge to detention that is independent of a challenge to a removal order).
By contrast, challenges to actions that are part of a removal proceeding have been treated in the same manner as challenges to removal orders, for jurisdictional purposes. See, e.g., Haider v. Gonzales, 438 F.3d 902, 910 (8th Cir. 2006) (stating that a challenge to an NTA is in effect a challenge to an order of removal). In Haider v. Gonzales, the petitioner contended that "jurisdiction never vested with the Immigration Court because the NTA did not include the date and time of the removal hearing." 438 F.3d at 909. The Eighth Circuit Court of Appeals affirmed the district court's conclusion that the challenge to the constitutionality of the notice provided to him, was, in effect, a challenge to the ultimate order of removal and therefore that review of the BIA decision was properly before the court of appeals. See id. at 9-10.*fn3
Just as the petitioner in Haider, 438 F.3d 902, the plaintiff challenges the validity of an NTA. An NTA is executed as the necessary first step for initiating the removal process. The question of the validity of an NTA is thus one "arising from any action taken or proceeding brought to remove an alien..." under § 1252(b)(9), and this Court is divested of jurisdiction by § 1252(a)(5). Such a challenge is properly raised with the immigration court and on appeal to the BIA. A decision by the BIA may be reviewed by the court of appeals, after the issuance of a final order. See 8 U.S.C. §§ 1252(a)(5), 1252(d).*fn4
Finally, the plaintiff asserts that this Court has jurisdiction to hear his claim under the Administrative Procedure Act ("APA"). Selvarajah claims that he is not challenging an order of removal under § 1252(a)(1) or § 1252(a)(5), nor the decision of the Attorney General to initiate proceedings under § 1252(g). (Pl.'s Reply ¶ 5.) He claims that he is challenging the administrative actions of the Department of Homeland Security and the Department of Justice under the APA. As the defendants point out, the Supreme Court has long held that the APA is inapplicable to removal proceedings. See Marcello v. Bonds, 349 U.S. 302, 310 (1955); see also Hashim v. INS, 936 F.2d 711, 713 (2d. Cir. 1991) (stating that the Supreme Court has "explicitly held that the APA does not apply to deportation proceedings...."); Baez-Fernandez v. I.N.S., 385 F. Supp. 2d 292, 295 (S.D.N.Y. 2005).
Because the APA does not apply to the plaintiff's claim, it does not serve as a basis for jurisdiction for this Court.
Because the complaint must be dismissed for lack of subject matter jurisdiction, there is no jurisdiction to issue a preliminary injunction and the application for a preliminary injunction must be denied.
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Ebba Alm Educational Fund
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Ebba Alm Educational Fund
P.O. Box 1908
Orlando, FL United States 32802-1908
Telephone: (727) 341-3302
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Assets: $256,234
Total giving: $5,000
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Scholarships to financially needy, worthy male students who are residents of Pinellas County, FL, to attend Eckerd College and St. Petersburg Junior College, both in FL.
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Financial Data
Year ended 2015-05-31
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Expenditures: $13,274
Total giving: $5,000
Qualifying distributions: $10,318


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If aliens came to earth, which piece of classical music would you play them? Start with Bach and you can't go far wrong, as proven by this 2008 film: the alien's positive reaction to the Aria from the Goldberg Variations proves we're not so different after all.
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Are you sure you have this right? I believe you have it backwards.
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Loser strategies like sac bunts are why Riggleman managed teams win fewer games than they should.
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General Information on Tripoli
Tripoli is a Town in Arcadia in Arkadia in the Peloponnese Region of Greece.
Tripoli is also an Airport, a Military airport, a Town hall, a Prefecture capital, a Province capital, a Regional seat, a Castle, a Municipal district and a Cathedral house.
The postal code of Tripoli is 22100 and its telephone access code is +302710.
Tripoli is at an altitude of 655 meters.
In 1991, Tripoli's population was 22,429, up from 21,337 in 1981.
Locations near Tripoli include the Village of Agios Konstantinos and the Village of Merkovouni.
Other Names of Tripoli include Drobolitsa (modern History), Tripolitsa, Tripolis (alternative).
On our Tripoli page you can see Tripoli Photos, explore Tripoli's Map and nearby Destinations, find Tripoli Hotels and check Tripoli's Weather by following the links below and to the left.
Current Weather in Tripoli
The weather conditions recorded for Tripoli on Friday, December 9 at 9:20 am are:
Mist and the temperature is 7.0°.
The wind is blowing at a speed of 1 Bf (2.1 mph) from the North West (330.0°) and the pressure is 1031 hPa.
Today's sunrise was at 07:33 and the sunset is at 17:12.
Weather Forecast for Tripoli
|Fri 09/12
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|Wed 14/12
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|Thu 15/12
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Hotels near Tripoli include Galaxy Hotel Tripoli (Greece), Arcadia Hotel Tripoli (Greece), Arcadia Hotel Tripoli, Hotel Anaktorikon and Mainalon Resort Tripoli (Greece). See All Hotels in Tripoli >
Restaurants Near Tripoli
Restaurants near Tripoli include agapitos (Greek), The Grillbar (Grill), Pinakothiki (Greek), Tsiolis taverna (Greek) and Klimataria Piteros (Greek).
Businesses Near Tripoli
Businesses near Tripoli include Meggos Dimitris (Jewellery), Aggelakopoulos Nikolaos (Jewellery Engraving & Goldsmiths), Tmima Ast.katastasis Kai Koin.entaxis N.arkadias - Tripoli (Public Enterprises and Organizations), Alexopoulou Ioanna (Coffee Grinding & Roasting Shops) and Music Center (Dvd - Cd).
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Come join the fun at summer camp and take your game to the next level! We are excited to return to Gonzaga University again this summer and host this outstanding camp. The Nike Tennis Camp at Gonzaga University is a great place for kids to learn from some of the best coaches in the sport and leave tennis camp with confidence and a passion to enjoy the "sport of a lifetime."
Our goal is to stimulate the passion for tennis in young players, give them the opportunity to hit a lot of balls, improve their technique and match play skills, and have a blast while doing it! Campers will work hard, receive world-class tennis training, and make great friends along the way.
His sixth career 10-win season came in 2016, the best in program history so far. In addition to the 16 dual wins, Gonzaga also won a record six conference matches that year, finishing second in the West Coast Conference and earning a historic berth to the WCC Championships' semifinal round. The year also included an 11-match win streak – another program record – and single-season individual wins highs in both singles (25; Domonique Garley) and doubles play (25; Samantha Polayes and Sophie Whittle).
The Gonzaga women's tennis program saw its first national ranking with Gurule at the helm when it was voted No. 72 by the ITA in February 2014. A year later, the Zags returned to the rankings at the beginning of conference play and picked up their first win as a ranked squad at Loyola Marymount.
During this rise, Gurule has coached 31 All-West Coast Conference honorees, including the Zags' first-ever First Team All-WCC Singles winner (Katie Edwards, 2015), Doubles pair (Polayes and Whittle, 2016), and Second Team All-WCC honoree (Agalya Kokurina, 2008). He's also seen numerous program records equaled or bested, including the most singles and doubles wins by an individual player during a season. Additionally, Gurule has coached many of the players on the Gonzaga career wins lists.
In addition to their skills on the court, Gurule's teams have also found tremendous success in the classroom. The Zags have earned numerous ITA All-Academic honors as a team, and 32 student-athletes have been recognized individually. The West Coast Conference has also recognized 19 of Gurule's student-athletes with WCC All-Academic honors.
In addition to his collegiate coaching experience, Gurule has spent time working in tennis clubs throughout the Pacific Northwest. He's served as co-director of the Spokane Racquet Club and also spent time at Eagle Crest Resort in Redmond, Oregon, and Broken Top in Bend, Oregon. He got his start in coaching at Bend's Mountain View High School.
Gurule played collegiate tennis at Pacific Lutheran University, earning four letters for the Lutes. He and his wife, Katie, reside in Spokane with their daughter, Eliana.
MacDonald has led the Zags to numerous program firsts and top seasons, the most recent coming in 2014-15. Most notably, the Zags picked up their first WCC Tournament Opening Round victory in school history, dispatching Santa Clara 4-0 to open the tournament. The win advanced them to the tournament's second round, also a program first. Additionally, Gonzaga posted three conference victories during the regular season for the first time, and the Zags tied for sixth in the regular season standings, their highest finish under MacDonald and highest in a 10-team West Coast Conference.
In all, the Bulldogs have finished seventh or better five times in the tough WCC with MacDonald at the helm. They've recorded four seasons with double-digit victories under MacDonald, and they've twice won 11 dual matches (2007 and 2015).
Under MacDonald, the Zags have seen numerous other records fall as well. Alvaro Nazal broke the program's single-season and career singles victories with 27 and 76, respectively, and Nazal became the first Bulldog to play at the ITA All-American Championships in during the 2013-14 season. In October of 2014, MacDonald coached Nazal to the semifinals of the ITA Northwest Regionals, the deepest run throughout Gonzaga tennis history in that tournament.
During his time in Spokane, MacDonald also served as Co-Director of the Spokane Racquet Club. The Spokane Racquet Club was the home site of men's and women's home matches before The Stevens Center opened in 2013-14.
Before Gonzaga, MacDonald was a private tennis coach in Portland, Oregon. During that time, he developed a high performance junior tennis program while organizing and coordinating clinics for the top players in the Pacific Northwest. As a private instructor, MacDonald helped coach several players reach national open tournaments in both singles and doubles play. MacDonald also served as the assistant women's tennis coach at the University of Portland from 1996-98, helping with the technical and strategic development of the players.
MacDonald is a 1996 graduate of the University of Portland, earning his bachelors of science degree in business management.
The High School Program is designed for those players currently on their high school team who want to improve their game, or for new high school players interested in trying out for their high school team. Come individually or come as a team as a great way to get ready for your high school season.
Lunch is included for all Day campers.
2016: Housing and evening meals will be at Gonzaga University. Campers stay 2 per room (no triples available) and are assigned by age and roommate requests. There is no A/C in the dorms. Camper may bring fans.
Camp evening activities may include bowling, laser tag, field games, a camp dance, and movie night.
Gonzaga University offers a beautiful setting for this Nike Tennis Camp. Campers will use Gonzaga Prep Courts, home of the Gonzaga Men's and Women's Tennis Teams. There are eight hard surface courts surrounded by protective fencing and a hill. Campers will be transported to and from the University to the practice facility each day (approximately 5 min).
Weekend stayovers are not available at this location.
Spokane International Airport
Nike Tennis Camps does not provide transportation to/from camp from airport, train stations or bus depots. If you fly into camp, we recommend that you fly into Spokane Airport. For ground transportation, please check the airport website at www.spokaneairport.net
A detailed camper registration packet containing check in location, health/release forms, emergency contact info, and a list of things to bring will be emailed to all registered campers in the Spring. Our health and release forms do not require a doctor's signature and they will be collected on the first day of camp.
Camp Code: TNXRGU
Nice camp, nice coach staff, friendly campers
Counselers were great.
This was a great camp and I thoroughly enjoyed the whole experience. The instructors created a positive learning atmosphere and the counselors were more than willing to help in any way even with nontennis related activities. I can't wait for the next camp!
This was a great camp and I thoroughly enjoyed the whole experience. The instructors created a positive learning atmosphere and the counselors were more than willing to help in any way even with nontennis related activities. I can't wait for the next camp!
Camp was a great experience. Very fun! Instructors were very good. Flexible yet Safe experience. Loved meeting new tennis players my age and getting to know people from all over.
Camp was a great experience. Very fun! Instructors were very good. Flexible yet Safe experience. Loved meeting new tennis players my age and getting to know people from all over.
Colton had an amazing time at camp and is already saving up for next year! Thank you so much to everyone who made his week so great, both on and off the court.
Colton had an amazing time at camp and is already saving up for next year! Thank you so much to everyone who made his week so great, both on and off the court.
Camp on Gonzaga University was one of the most pleasurable experiences of my life. I had a wonderful time, and the coaches were fantastic. When it was time to go I was very sad because all I wanted to do was stay at camp.
My son said he had a great time at the Gonzaga tennis camp. Time on the court each day was great. They had plenty of water to drink at all times and had helpful instruction throughout the entire week. My son especially liked having free time after tennis each day and enjoyed the bowling, laser tag and pizza party. He is asking to return next year.
I had a great time at camp and I left it wanting to play tennis even more. I'm looking foward to participating next year.
The camp is absolutely amazing. the camp never fails to improve my game drastically and to motivate me to play as much as possible. The counselors and directors are extremely helpful and know how to break down concepts so everyone can understand, and they keep the camp enjoyable and fun! Thanks for everything!
This was the last year for my eldest son since he will be a senior in HS. He has attended 6 years and it's been a great experience. Now time to start with the younger brother!
Can't say enough good things about the coaches and counselors.
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Totale ordine: € 0,00
FASCICOLI E ARTICOLI I PIÙ LETTI eTOC
Official Journal of the Italian Society of Anesthesiology, Analgesia, Resuscitation and Intensive Care
Indexed/Abstracted in: Current Contents/Clinical Medicine, EMBASE, PubMed/MEDLINE, Science Citation Index Expanded (SciSearch), Scopus
Impact Factor 2,036
Periodicità: Mensile
Online ISSN 1827-1596
Van Den Heuvel I. 1, 2, Boschin M. 1, Langer M. 3, Frosch M. 2, Gottschalk A. 1, Ellger B. 1, Hahnenkamp K. 1
1 Department of Anesthesiology, Intensive Care Medicine and Pain Therapy, University hospital Muenster, Germany;
2 Department of General Pediatrics, University Children's Hospital Muenster, Muenster, Germany;
3 Department of Trauma-, Hand- and Reconstructive Surgery, University hospital Muenster, Germany
Background: Anesthesia in children with dystrophic epidermolysis bullosa (EB) presents a significant challenge as many children have a difficult airway and are at risk for additional blistering. In this retrospective study we compared deep sedation/ analgesia and general anesthesia for safety and efficiency. Procedure, type of anesthesia, airway management, complications, time for induction and awakening, length of stay in recovery room, length of procedure were noted and compared, qualitatively and with statistic tests as appropriate.
Methods: Fourteen children underwent 148 procedures: 79 under general anesthesia, 67 under sedation.
Results: Several complications – including intubation difficulties and the need for change of airway management – were observed in the general anesthesia group, none in the sedated group. Induction time was 36 min vs. 17 min (P<0.001), mean time to recovery 23 min vs. 6 min (P<0.001). Surgical duration did not differ between groups.
Conclusions: In children with dystrophic EB deep sedation/ analgesia can be safely performed and is less time consuming than traditional management.
lingua: Inglese


text:
NATO, Russia to meet after troop boost277 views
Brussels (AFP) – NATO and Russia on Wednesday hold their first talks since the alliance agreed at a summit in Warsaw to beef up its presence in eastern Europe due to fears over the Kremlin's expansionism.
The meeting between ambassadors from the 28-nation alliance and Russia is the first since April and just the second since 2014, when the Ukraine crisis plunged relations into a deep freeze.
The alliance said it would brief Moscow on last week's decision to send four battalions totalling around 4,000 soldiers to Poland and the Baltic states, which have been nervous ever since Russia's 2014 annexation of Crimea.
Moscow said it would discuss the risks of the US missile shield that NATO declared operational at the summit in the Polish capital, as well as improving airspace safety over the Baltic.
Allies and Russia will discuss three topics – the crisis in Ukraine, military transparency and the security situation in Afghanistan," NATO spokeswoman Carmen Romero said.
"In the spirit of transparency, we will brief Russia on the important decisions we took in Warsaw last week to enhance our security."
Russia has been strongly critical of the NATO decision, accusing the alliance of aggression and warning that it will react to the deployment of forces in its former Soviet backyard.
But NATO said it was acting purely defensively.
"NATO does not pose a threat to Russia. We do not seek confrontation. We continue to aspire to a constructive relationship with Russia, when Russia's actions make that possible," Romero said.
"Tomorrow's meeting is a sign that NATO is following through on our commitment to political dialogue with Russia."
– 'Looking-glass world'
The last set of talks in Brussels in April ended in "profound disagreements" between NATO and Russia over Ukraine and other issues, despite hopes they could ease years of tensions.
NATO leaders meeting in the Polish capital last week said they had agreed on a twin-track policy of "deterrence and dialogue" with Russia, insisting they would not back down until Moscow abided by the Minsk peace deal for Ukraine.
Alliance chief Jens Stoltenberg said they "stand together" despite signs from some NATO nations like France that they want to focus on a diplomatic solution with Moscow.
Moscow however slammed NATO at the weekend for focusing on a "non-existent" threat from Russia and accusing it of living in a "military-political looking-glass world".
It took a more measured line on Tuesday, with Russian foreign ministry spokeswoman Maria Zakharova saying Moscow plans to raise "increasing aviation safety in the Baltic Sea region" at the Brussels talks.
Russia's NATO-member Baltic neighbours have accused Moscow of regularly violating their airspace in recent months and flying with switched-off transponders, devices that allow radars to identify planes and prevent collisions.
President Vladimir Putin this month backed a call for all military aircraft flying over the Baltic region to keep their transponders on.
At the summit with NATO, Moscow will also "stress the risks to strategic stability that have appeared as a result of the ongoing construction of the US and NATO anti-missile system in Europe," Zakharova said.
NATO insists the missile shield is aimed at Iran or possible rogue non-state actors, and says it poses no threat to Russia's military deterrent.
NATO, Russia to meet after troop boost by thekooza


text:
Madam Ki Nayi Important Panties Ghar Mein Ghum Ho Gayi.
Usne Apne Har Wale Se Pucha: "Tumne Kahin Dekhi Hai?"
Husband Ne Kaam Wali Se Pucha: "Tere Pass To Nahi Hai?"
Kaamwali: "Saab Ji Aapko To Maloom Hi Hai Ki Main Panties Nahi Pahnti"
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Aubrey O'Day Has Issues
We aren't lying about Aubrey O'Day– she really does have mental health issues, and enough of them to warrant bringing her dogs on a plane with her!
O'Day has a piece of paper from her psychiatrists that allows her to bring her 2 pets into the 1st class section of a flight from LAX to San Francisco this week. Why? Because they are registered as "Emotional Support Animals" for the reality star and singer.
According to the Virgin America website, the airline requires a passenger to produce a letter from a licensed mental health professional which "substantiates the guest's disability-related need for the animal to accompany them in the aircraft cabin."
And, O'Day did! No word on O'Day and her mental health condition yet, TMZ reports. Still, staff on the Virgin America flight called O'Day and her furry companions sweet and polite. Well, that's good, at least!
Photo: Fame/Flynet
Filed under Aubrey O'Day | 1 Comment


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My skin had been really finicky lately, what with my pregnancy hormones, weather changes and stress. Finding a body wash that would help soothe my eczema flare ups and be effectively cleansing my skin was a challenge. This body wash is a miracle worker and did everything I wanted and needed it to do. Whats's better? Its soap-free, fragrance-free and paraben-free! And even better than that?? It works wonders for my 2 year old son as well!! It's made for babies and children too!! What more could you ask for??
These reviews are the subjective opinions of ChickAdvisor members and not of ChickAdvisor Inc.


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|Message view
|« Date » · « Thread »
|« Date » · « Thread »
|"David Nuescheler" <david.nuesche...@gmail.com>
|Re: Newbie Question: Oracle Support
|Thu, 15 Jun 2006 09:22:29 GMT
Hi David, > This is when I discovered Apache Jackrabbit. If we used a Jackrabbit > repository to back > the Resource Bundle then if would make the search functionality a whole lot > easier. This makes perfect sense to me. As a matter of fact we have built a ResourceBundle implementation over a content repository in the past which turned out to be both very simple and extremely effective. Could maybe be a contribution to the Jackrabbit community, what do you think? > I have looked at a number of simple implementations and jackrabbit looks > like a good fit: > Is this a valid use of the Jackrabbit Content Repository ? Very much so ;) > Should I back my repository with a Database? Depends a bit on "the design" of the content, the quantity of the content that you intend to store and primarily on the resources (eg. pre-installed and supported rdbms readily availa) at your disposal. Personally, I would use the embedded Derby persistence for the sake of ease of deployment. regards, david
|View raw message


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Check in from 13h / Check out prior to 12h
Na Konnoy Hotel: Find photos, reviews, information, amenities and compare prices for 3 stars hotels in St Petersburg, Russia.
Situated a short drive from Nevsky Avenue, Na Konnoy Hotel provides modern accommodation in St Petersburg. It also offers room service, a 24-hour reception and an airport shuttle.
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This 3-star hotel provides laundry facilities, a safe and a shuttle service. Honeymoon suites are on offer for those seeking some extra luxury.
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February 10, 2009
WASHINGTON TOWNSHIP BOARD OF EDUCATION, APPELLANT,v.BOARD OF REVIEW AND MARIA A. DESIMONE, RESPONDENTS.
On appeal from a decision of the Board of Review, Department of Labor, Docket No. 166,705.
Submitted January 13, 2009
Before Judges Gilroy and Chambers.
Appellant Washington Township Board of Education (School Board) appeals from that portion of the decision of the Board of Review that found its employee Maria A. DeSimone eligible for unemployment benefits for the weeks ending September 16, 2006, and June 16, 2007, and that set aside a determination that she was ineligible for benefits from September 27, 2007.*fn1 We affirm.
DeSimone worked as a substitute teacher for the School Board since September 1986. When she was not called back to work at the commencement of the 2006-2007 school year on September 4, 2006, she filed a claim for unemployment benefits and received $205 of partial unemployment benefits for the week ending September 16, 2006. Because she then returned to work, DeSimone received no further benefits until the week ending June 16, 2007, when she received $242 in unemployment benefits. She had not worked that week, which was the last week of the school year. DeSimone continued to receive unemployment benefits during the summer break from June 23, 2007, through September 1, 2007, totaling the sum of $2,662. She returned to work when the school year began on September 4, 2007. On September 23, 2007, she filed another claim for unemployment benefits, but apparently no payments were received because she had returned to work within one or two days.
The Director of the Division of Unemployment Insurance issued two determinations dated October 17, 2007, one finding DeSimone ineligible for benefits from September 10, 2006, and the second finding her ineligible for benefits from September 23, 2007. DeSimone appealed these determinations to the Appeal Tribunal. On November 21, 2007, the Appeals Examiner held a telephonic hearing, and DeSimone and the payroll secretary for the School Board testified. On November 23, 2007, the Appeal Tribunal affirmed the decision of the Director and required DeSimone to refund the unemployment benefits she had received. DeSimone appealed to the Board of Review.
The Board of Review modified the decision of the Appeal Tribunal. In reaching its decision, the Board of Review distinguished between the times DeSimone was out of work in the summer period between school terms and the times she was out of work during the school year. It held that from the weeks ending June 23, 2007, through September 1, 2007, she was ineligible for unemployment benefits. The Board of Review required that she refund $2,662 in benefits received during this time period. This portion of the decision of the Board of Review has not been appealed.
The Board of Review found that DeSimone was eligible for benefits for the weeks ending September 16, 2006, and June 16, 2007, since these two weeks fell within a school term. The Board of Review also set aside that portion of the Appeal Tribunal decision that found DeSimone ineligible for benefits from September 23, 2007,*fn2 since this time period also fell within the school year, although, as noted above, no benefits were paid under that application. In this appeal, the School Board contends that DeSimone failed to prove her eligibility for unemployment benefits for these three weeks, and that the Board of Review's decision regarding these weeks must be reversed.
The distinction that the Board of Review made between the weeks that fell within the school year and those that fell within the period between school terms is valid. Teachers are not entitled to unemployment benefits "during the period between two successive academic years, or during a similar period between two regular terms" or "during an established and customary vacation period or holiday recess" provided they have "reasonable assurance" that they will be returning to work once the period has lapsed. N.J.S.A. 43:21-4(g)(1), (3); N.J.A.C. 12:17-12.4. This law applies to substitute teachers. Patrick v. Bd. of Review, 171 N.J. Super. 424, 426 (App. Div. 1979). A substitute teacher is considered to have "reasonable assurance" of returning to work if his or her name is placed on the substitute list for the next academic year or term. N.J.A.C. 12:17-12.4(a)(3). The record indicates that DeSimone's name was placed on the list of substitute teachers for the 2007-2008 academic year. As a result, the Board of Review properly held that DeSimone was not entitled to unemployment benefits during the period between the 2006-2007 and 2007-2008 school years.
The School Board contends that DeSimone failed to establish that the weeks of September 16, 2006, June 16, 2007, and September 23, 2007, fell within the school year for substitute teachers. Noting that the claimant has the burden of proving entitlement for unemployment benefits citing Bastas v. Bd. of Review in the Dep't of Labor & Indus., 155 N.J. Super. 312, 315 (App. Div. 1978), the School Board argues that DeSimone failed to prove that the weeks in question fell outside the period between terms or a customary vacation period or holiday. It maintains that the vacation period and school year for substitute teachers is not necessarily coterminous with the school year.
At the hearing below, the Appeals Examiner questioned the payroll secretary appearing for the School Board as follows:
Q: Okay. And can you please verify the dates of employment of Ms. DeSimone for the school year 2005-2006? Was she employed during that time?
A: Yes she was.
The payroll secretary confirmed that the school year had ended on June 15, 2007. In response to a line of questioning by the Appeals Examiner to find out when DeSimone returned to work, the payroll secretary testified the first day of school was September 4, 2007, and "[t]hat's when the substitute teachers were brought back."
Thus, the proofs support a finding that the three weeks in question fell within a school year and that substitute teachers were employed for a school year. Since those weeks did not fall within the period "between two successive academic years, or during a similar period between two regular terms" or "during an established and customary vacation period or holiday recess," as provided by N.J.S.A. 43:21-4(g)(1) and (3), DeSimone was eligible for unemployment benefits for the three weeks.
The scope of our review of the Board of Review's decision is limited. Brady v. Bd. of Review, 152 N.J. 197, 210 (1997). "In reviewing the factual findings made in an unemployment compensation proceeding, the test is not whether an appellate court would come to the same conclusion if the original determination was its to make, but rather whether the factfinder could reasonably so conclude upon the proofs." Ibid. (quoting Charatan v. Bd. of Review, 200 N.J. Super. 74, 79 (App. Div. 1985)). We will uphold the agency's decision where it is supported by "substantial credible evidence" in the record. Ibid. This standard has been met in this case.
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A coherent anti-Stokes Raman scattering microscope based on a Ti:sapphire femtosecond oscillator and a photonic crystal fiber is demonstrated. The nonlinear response of the fiber is used to generate the additional wavelength needed in the Raman process. The applicability of the setup is demonstrated by imaging of micrometer-sized polystyrene beads.
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Red, Maroon, and Tan Hermes Leather Color Block "Baccara" Envelope Clutch
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I am disappointed that your standard of journalism is such that you have adopted the populist but uninformed view that the lifetime cap on non-concessional super contributions is "retrospective". Of course a lifetime cap is measured from some time in the past - that is what lifetime cap means. If someone has contributed more than the cap since 2007, there is no requirement for them to withdraw it. The significant of the year 2007 is that contributions prior to that year do not count towards the cap. Your talk of retrospectivity and loss of trust is a storm in a teacup.
- David
I read the letters to the editor more closely than usual this week after 2 were quoted in Robert Gottliebsen's column. Interesting comments by Simon. Whilst he says he has done the maths, I think he needs to look further.


text:
ALMOST 200 runners took part in the inaugural Herdwick 10km road race on Saturday (July 5).
The run was launched by the Herdwick Sheep Breeders' Association (HSBA) and Taste Cumbria andfunded by the Prince's Countryside Fund.
The aim of the run is to raise awareness and funds to help hill farmers.
- Plea to dog owners - clear up your poo bags
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- 'Don't build pylons in the Duddon Estuary' - says descendant of poet William Wordsworth
The overall winner was Matt King, from Winchester, who crossed the finish line in 34 minutes and 44seconds.
The first woman back was Heidi Dent, who finished in 39 minutes and 37 seconds.
The route started at the Sticklebarn, Great Langdale, and went through the Langdale Estate to Eltermere before looping back on itself.
The event raised £2,500 which will go to the Herdwick Marquee Fund and enable the Herdwick Sheep Breeders' Association to have increased presence at the major Cumbrian shows.
Mary Houston, Taste Cumbria manager, said: "These agricultural shows provide important business benefits to the farming community and play a strong role in increasing tourism in the region.
"Having a presence and communicating the importance of this iconic breed of sheep and its role in shaping the Lake District landscape, which is enjoyed by so many, is vital to sustaining hill farming inCumbria."


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This is a Polar Lights 1/25 Back to the Future III Final Act DeLorean Time Machine Snap-Together Plastic Model Kit. This kit celebrates the trilogy's conclusion by presenting the Time Machine in this final configuration.Learn More
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This is a Tamiya 1/24 Nissan Skyline GT-R (R32) Nismo-Custom Plastic Model Kit. This particular kit varies from previous releases as it has brand new parts that depict customizing accessories that were designed and made by Nissan's tuning outfit Nismo.Learn More