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United States District Court, E.D. Pennsylvania
August 13, 2014
KAMIAN SCHWARTZMAN, in his capacity as Receiver, Plaintiff,v.ROGUE INTERNATIONAL TALENT GROUP, INC., et al., Defendants.
BERLE SCHILLER, District Judge.
Kamian Schwartzman, in his capacity as Receiver for the Receivership Estate established by the Court in SEC v. Stinson, Civ. A. No. 10-3130, brought this action to recover stolen funds received by Defendants Roger Paul, Inc. ("RPI"), Rogue International Talent Group, Inc. ("Rogue"), Roger Paul ("Paul"), High Idea Corp., LLC ("High Idea"), and Dustin Diamond ("Diamond"). Currently before the Court is the Receiver's motion for summary judgment on his claims for fraudulent transfer, unjust enrichment, and equitable accounting against Defendants Paul, RPI, and Rogue, and Paul's cross-motion for summary judgment.[1] Because the Court has granted default judgment for the Receiver against Rogue and RPI, the Court will deny as moot the Receiver's motion for summary judgment against Rogue and RPI. For the following reasons, the Court grants summary judgment to the Receiver on his claim of fraudulent transfer against Paul for $61, 411.55. The Court denies summary judgment on the Receiver's claim that the Court should pierce the veils of Rogue and RPI to hold Paul liable for the debts of those companies.
The Receiver filed this action on September 12, 2012, alleging that Rogue, RPI, Paul, High Idea, and Diamond received stolen funds that originated from a Ponzi scheme perpetrated by Robert Stinson, Jr. Through the Ponzi scheme, Stinson and the entities that he controlled obtained over $17 million from at least 262 investors. SEC v. Stinson, Civ. A. No. 10-3130, 2011 WL 2462038, at *1 (E.D. Pa. June 20, 2011). Following an SEC investigation and civil enforcement action, the Court appointed the Receiver to recover funds that investors lost in Stinson's scheme. See id. at *2.
The Receiver alleges that $143, 273.44 in the form of services, property, and cash was transferred from Stinson's entities to Paul, Rogue, RPI, High Idea, and Diamond.[2] On July 3, 2013, the Court granted the Receiver's motion for default judgment against High Idea and Diamond for $40, 000. Schwartzman v. Rogue Int'l Talent Group, Inc., Civ. A. No. 12-5255, 2013 WL 3367262, at *1 (E.D. Pa. July 3, 2013). On November 7, 2013, the Court granted the Receiver's motion for default judgment against Rogue and RPI for $81, 861.89. Schwartzman v. Rogue Int'l Talent Group, Inc., Civ. A. No. 12-5255, 2013 WL 5948028, at *1 (E.D. Pa. Nov. 7, 2013). The Receiver now seeks judgment against Paul, Rogue, and RPI in the amount of $143, 273.44, plus pre- and post-judgment interest and court costs. The Receiver requests that a constructive trust be imposed on the assets of Paul, Rogue, and RPI in the amount of $143, 273.44, and that these Defendants be enjoined from transferring or disposing of any assets.
Summary judgment is appropriate when the admissible evidence fails to demonstrate a genuine dispute of material fact and the movant is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(a); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48 (1986). When the moving party bears the burden of persuasion at trial, it must identify evidence in the record establishing the absence of a genuine factual issue. Nat'l State Bank v. Fed. Reserve Bank, 979 F.2d 1579, 1582 (3d Cir. 1992). When the moving party does not bear the burden of persuasion at trial, it may meet its burden on summary judgment by showing that the nonmoving party's evidence is insufficient to carry its burden of persuasion. Celotex Corp. v. Catrett, 477 U.S. 317, 323-24 (1986). Thereafter, the nonmoving party demonstrates a genuine issue of material fact if sufficient evidence is provided to allow a reasonable finder of fact to find for the nonmoving party at trial. Anderson, 477 U.S. at 248.
In reviewing the record, "a court must view the facts in the light most favorable to the nonmoving party and draw all inferences in that party's favor." Shuman ex rel. Shertzer v. Penn Manor Sch. Dist., 422 F.3d 141, 146 (3d Cir. 2005). The court may not, however, make credibility determinations or weigh the evidence in considering motions for summary judgment. See Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133, 150 (2000); see also Goodman v. Pa. Tpk. Comm'n, 293 F.3d 655, 655 (3d Cir. 2002). A court must apply the same standards to cross-motions for summary judgment. Lawrence v. City of Phila., 527 F.3d 299, 310 (3d Cir. 2008).
A. Fraudulent Transfer
The Receiver brings his fraudulent transfer claim under the Pennsylvania Uniform Fraudulent Transfer Act ("PUFTA"). PUFTA allows a creditor to obtain avoidance of a "transfer" made to another party with "actual intent to... defraud." 12 Pa. Cons. Stat. §§ 5104(a), 5107(a). A transfer is "[e]very mode... of disposing of or parting with an asset or an interest in an asset, " including the payment of money. Id. § 5101(b). Actual fraudulent intent is established through the mere existence of a Ponzi scheme. Hecht v. Malvern Preparatory Sch., 716 F.Supp.2d 395, 400 (E.D. Pa. 2010); see also SEC v. Forte, Civ. A. Nos. 09-63, 09-64, 2010 WL 939042, at *5 (E.D. Pa. Mar. 17, 2010). Therefore, a creditor establishes a prima facie claim under PUFTA by showing that money was transferred from a fund that operated as a Ponzi scheme.
As an affirmative defense under PUFTA, the transferee may claim that he took the money "in good faith and for a reasonably equivalent value." 12 Pa. Cons. Stat. § 5108(a); see also id. Committee Cmt. 1 (stating that the transferee bears the burden of establishing both his good faith and the reasonable equivalence of the consideration exchanged).
If the creditor prevails under PUFTA, his remedies include, inter alia, avoidance of the transfer, attachment of the transferred asset or other property of the transferee, an injunction against future transfers, or any other relief that the circumstances may require. Id. § 5107(a). Judgment may be entered against "the first transferee of the asset or the person for whose benefit the transfer was made, " among other parties. Id. § 5108(b).
The Court finds that the Receiver has established a fraudulent transfer claim against Paul in the amount of $61, 411.55. The Receiver has established that Stinson's entities transferred $40, 000 by check to Paul, who transferred that money to Diamond and High Idea. (Pl.'s Mot. for Summ. J. [Pl.'s Mot.] Statement of Undisputed Material Facts [SOF] ¶ 20, Exs. J [Check], K [Promissory Note].) The Receiver has also established that Stinson's entities paid $21, 411.55 directly to Paul in the form of checks. (SOF ¶ 18, Ex. H [Checks] at 2-20.) Paul concedes that he received transfers from Stinson's entities. (Def. Paul's Opp. at 8.) Because this Court has already determined that Stinson's entities operated a Ponzi scheme, the transfers from Stinson's entities to Paul are presumptively fraudulent. See Hecht, 716 F.Supp.2d at 400-01.
In addition, Paul has not demonstrated that he took the money "in good faith and for a reasonably equivalent value." See 12 Pa. Cons. Stat. § 5108(a). Paul did not expressly raise this good-faith affirmative defense in his Answer. However, he now argues that he was unaware that Stinson's business was a Ponzi scheme, and he argues that he gave "equivalent value" to Stinson's entities in exchange for the transfers. (Def. Paul's Opp. at 8.) Paul does not point to any evidence in the record to support these assertions. ( Id. ) Even if Paul adequately raised a good-faith affirmative defense under PUFTA, he has not met his burden of demonstrating a genuine issue of fact with respect to both elements of that defense. See Anderson, 477 U.S. at 248.
That this Court has already granted default judgment against Diamond and High Idea in the amount of $40, 000 does not support a reduction in damages as against Paul. Recipients of fraudulent transfers may be held jointly and severally liable under PUFTA. See Titus v. Shearer, 498 B.R. 508, 522-23 (W.D. Pa. 2013). Therefore, the Receiver succeeds on his fraudulent transfer claim against Paul in the amount of $61, 411.55.
B. Veil Piercing
The Receiver seeks judgment against Paul in the amount of $143, 273.44. That figure includes transfers to Paul in the amount of $61, 411.55 and transfers to Rogue and RPI in the amount of $81, 861.89. As noted above, the Receiver obtained default judgment against Rogue and RPI in the amount of $81, 861.89.
The Receiver argues that the Court should pierce the corporate veils of Rogue and RPI to hold Paul liable for those companies' debts because those companies were Paul's alter egos. (Pl.'s Mot. at 6-7.) In Pennsylvania, veil piercing is "an equitable remedy whereby a court disregards the existence of the corporation to make the corporation's individual principals and their personal assets liable for the debts of the corporation." In re Blatstein, 192 F.3d 88, 100 (3d Cir. 1999). When deciding whether to pierce the corporate veil, courts balance a number of factors, including: (1) the failure to observe corporate formalities; (2) the non-payment of dividends; (3) the insolvency of the debtor corporation at the time; (4) the siphoning of funds of the corporation by the dominant shareholder; (5) the non-functioning of other officers or directors; (6) the absence of corporate records; and (7) the fact that the corporation is merely a facade for the operations of the dominant stockholder or stockholders. Id. The party seeking to pierce the corporate veil must demonstrate through clear and convincing evidence that the corporate veil should be pierced. Siematic Mobelwerke GmbH & Co. KG v. Siematic Corp., 643 F.Supp.2d 675, 695 (E.D. Pa. 2009). There is a strong presumption against piercing the corporate veil in Pennsylvania. Lumax Industries, Inc. v. Aultman, 669 A.2d 893, 895 (Pa. 1995). In addition, the fact-specific nature of the veil piercing analysis counsels for submitting the question of corporate disregard to the jury. See Peltz Boxing Promotions, Inc. v. Big Fights, Inc., Civ. A. No. 02-2062, 2004 WL 2137823, at *1 n.1 (E.D. Pa. Sept. 23, 2004).
According to the Complaint, the following factors support veil piercing here: (1) Paul controls both RPI and Rogue; (2) both entities were undercapitalized relative to the business within which they sought to engage; (3) the entities were used to perpetuate fraud; and (4) Paul treated the assets of Rogue and RPI as though they were his own. (Compl. ¶¶ 46-52; SOF ¶ 30.) The Receiver asks the Court to find that Paul admitted these allegations in the Complaint because he failed to deny them in his Answer. (Pl.'s Mot. at 7.) Because Paul proceeds pro se, the Court will not deem all unanswered allegations as admitted pursuant to Federal Rule of Civil Procedure 8. See Fed.R.Civ.P. 8(e) ("Pleadings must be construed so as to do justice."); see also United States v. Allgyer, Civ. A. No. 11-2651, 2012 WL 355261, at *1 n.5 (E.D. Pa. Feb. 3, 2012) (refusing to deem admitted under Rule 8 unanswered allegations where defendant was unrepresented by counsel).
In addition, the evidentiary record does not establish the absence of a genuine factual issue with respect to the Receiver's veil piercing claim. The evidence establishes only one of the factors that courts have considered relevant to a veil piercing claim: Rogue did not keep corporate records. (Pl.'s Supplemental Statement of Undisputed Material Facts Ex. O [Paul Dep.] at 28-29.) Because the record does not demonstrate any of the other factors relevant to a veil piercing claim, the Receiver cannot establish as a matter of law that he is entitled to hold Paul liable for the debts of Rogue and RPI. See Nat'l State Bank, 979 F.2d at 1582.
However, Paul is not entitled to summary judgment on the veil piercing claim because he did not respond to several of the Receiver's discovery requests for information on that issue. (Pl.'s Mot. Ex. M [Decl. of Francesco P. Trapani]; Pl.'s Mot. Ex. O [First Set of Interrogs.] at 8, 9; Pl.'s Mot. Ex. P [Request for Production of Docs.] at 8, 9). When the nonmoving party has not had an adequate opportunity to discover evidence essential to its opposition, a summary judgment motion should be denied. Killian v. McCulloch, 850 F.Supp. 1239, 1256 (E.D. Pa. 1994).
The Court will grant the Receiver's motion for summary judgment on his fraudulent transfer claim against Paul in the amount of $61, 411.55. The Court will also impose a constructive trust on Paul's assets in the amount of $61, 411.55 and enjoin Paul from transferring or disposing of any assets. See 12 Pa. Cons. Stat. § 5107. It is not necessary for the Court to reach the Receiver's unjust enrichment and equitable accounting claims because he is entitled to relief of $61, 411.55 based on the fraudulent transfer claim alone. The Court further finds that there is a genuine factual issue as to whether Paul may be held liable for Rogue's and RPI's debts under a veil piercing claim. Therefore, the Court will not grant summary judgment against Paul for the $81, 861.89 that was transferred to, or for the benefit of, Rogue and RPI. An Order consistent with this Memorandum will be docketed separately.
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Look... Mom is coming
Me, my son and a borrowed M7 during a beachwalk on our small familytrip to the baltic sea last week.
It was my first real experience with a Leica and maybe not my last.
Leica M7, Voigtländer 50mm f1.5
Agfa Apx100, 13min in Rodinal 1+50 agitating the first minute and every 30s
Negative captured with a DSLR and developed in Lightroom 3.4
1,237 views
4 faves
9 comments
Taken on July 24, 2011


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3 Bedrooms Terraced House for sale
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text: It got better after a couple of nights & it was easier too if your stim cycles were close together. (I did back to back). But you were back to square one if a long break between stims. Have you tried day strength mersyndol? Might not make you has drowsy. Lots of water but Panadol probably won't do much. Good luck


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You know you won't fall asleep again. You know that you have to get up, and you'll probably be late. But you know that without those extra five minutes, it's like you haven't slept at all.
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Sin embargo es bueno ver cosas conceptuales y no más avisos de cosas que se parecen a cosas y síntesis visuales, buen trabajo.
El que sabe, sabe arte. El que no, es redactor.
somewhat i am liking it, but is here anyone else also who is feeling that showing clock 4 times was not necessary
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text:
Chicken Barley Soup
Total Time
Prep 0 mins
Cook 1 hr
Chicken Barley Soup
Ingredients Nutrition
- 1 -2 lb chicken, cut up
- 2 quarts water
- 1 1⁄2 cups carrots, diced
- 1 cup celery, diced
- 1⁄2 cup barley
- 1⁄2 cup onion, chopped
- 1 chicken bouillon cube (optional)
- 1 teaspoon salt (optional)
- 1 bay leaf
- 1⁄2 teaspoon poultry seasoning
- 1⁄2 teaspoon pepper
- 1⁄2 teaspoon dried sage
- In large kettle, cook chicken in water until tender.
- Cool broth and skim off fat.
- Bone chicken and cut into bite-size pieces; return to kettle along with remaining ingredients.
- Simmer, covered, for at least 1 hour or until vegetables and barley are tender.
- Remove bayleaf.
Most Helpful
A very easy to prepare recipe for a hearty soup, I used 4 chicken legs and simmered them for an hour, then removed and deboned the meat. Added carrots, celery, a couple of potatoes and a few pieces of turnip and two onions. I used the bay leaf, savoury, parsley, pepper, salt and chicken bouillon. When the vegetables and barley were tender I put the chicken into the pot and served the soup. It was the perfect meal on a very cold winter day!
we used 2 lbs chicken breasts cubed and boiled it in 2 quarts turkey broth then added remainder of ingredients except for the chicken bouillon cube and salt. We are trying to cook and eat with less or no salt and this soup had Excellent flavor. Very hearty and great for our entire household of sick people with colds. Forgot to add the stars


text:
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text:
Another Microwave Fudge Recipe
Total Time
Prep 10 mins
Cook 2 mins
I've tried a number of recipes for making fudge from the microwave, but after experimenting, I've found this one that I came up with to work great, quickly and easy. I've tossed boiling fudge with microwave fudge into one recipe. What I love about this recipe that I came up with is that you don't have to use a drop of water, and you don't have to add any sugar to it. I'm not sure about using semi sweet chocolates, but the sweet chocolates worked great for me.
Ingredients Nutrition
- 1 package sweet chocolate, morsals
- 1 cup sweetened condensed milk
- 1 pinch salt
- 1 tablespoon butter
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- After one minute stir to keep from burning.
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text:
This home is part of a major project at 211 Elizabeth Street. The penthouse closed for just under $7 million, a neighborhood record for price-per-square-foot.
Read all about this apartment here on curbed.
The above two photos are from a condo in the former Parish House of St. Georges Church.
- Condo
- 988 square feet
- 1 beds / 1.5 baths
- Maint./CC$901
- Taxes$588
Asking: $1,365,000
Central Park South, Midtown
- Coop
- 1930 square feet
- 3 beds / 3 baths
- Maint./CC$2,297
- Taxes$0
Asking: $2,495,000
Upper West Side
5-story, 6,000 sq. ft. townhouse, 18 ft wide x 99 ft deep currently configured as an (owner's) triplex and three free market-rate apartments
The three images above are from a condo for sale in Williamsburg, a very popular neighborhood in Brooklyn. I lived there for two years but my apartment was a far cry from this beauty.
- Condo
- 1468 square feet
- 2 beds / 2.5 baths
- Maint./CC$1,312
- Taxes$0
Asking $1,090,000
Do these numbers surprise you? Pretty much what you expected? Thought prices would be higher? Thought prices would be lower?
photos and info via Curbed


text:
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White Pantera from "El Tigre".
White Pantera from "El Tigre".
"2 Pieces of Candyyyyyyyyy"
This drawing was featured in the Flapjack Valentine Music Video Found HERE! <3
"Sit Dressy Sit"
"Themrog Tea Party"-For Dirk
The other day I had a sudden urge to draw some Stitch sketches and decided to ink this one traditionally out of the bunch. I used ink brush pen. Slapped some digi colors on it for kicks.
Hes one of my favorite Disney characters. I'm fond of alien Stitch more if you couldn't tell.
"Heart Speaker"
Me, when my hair was brown….
"Mortimer the Zombie Racoon Magician"
A past commission.
-Tiny Kitten Teeth Pinup-
Phil Lord actually saw this one. Whoo!
"Check Out Slugzilla"
-Hula Skelly Skelly-
"Sugar Glider Skulls"
I was just looking at their day of the dead cage accessories and bam! Had to draw this picture. Jippo and Oswald are more into their yoggie treats than posing in their skulls.
My tribute to Oswald. Cheers, ya floppy eared varmint.
"Vroom Vroom Birdo"
This was a part of a huge collab project with a bunch of amazing artists! Check out the final result HERE.
I haven't posted any traditional stuff yet! GAAAASP!!!
Here's Zach and I as our favorite animals but I swapped our favorites with ourselves.
"Werewolf's Halloween Night"
"Peppermint Larry's New Model"
"Hillbilly Kitty Jamboree"
"Hula Skelly Skelly"


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- Autor: MAYER, ARNO J.
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The great romance and fear of bloody revolution--strange blend of idealism and terror--have been superseded by blind faith in the bloodless expansion of human rights and global capitalism. Flying in the face of history, violence is dismissed as rare, immoral, and counterproductive. Arguing against this pervasive wishful thinking, the distinguished historian Arno J. Mayer revisits the two most tumultuous and influential revolutions of modern times: the French Revolution of 1789 and the Russian Revolution of 1917.Although these two upheavals arose in different environments, they followed similar courses. The thought and language of Enlightenment France were the glories of western civilization; those of tsarist Russia's intelligentsia were on its margins. Both revolutions began as revolts vowed to fight unreason, injustice, and inequality; both swept away old regimes and defied established religions in societies that were 85% peasant and illiterate; both entailed the terrifying return of repressed vengeance. Contrary to prevalent belief, Mayer argues, ideologies and personalities did not control events. Rather, the tide of violence overwhelmed the political actors who assumed power and were rudderless. Even the best plans could not stem the chaos that at once benefited and swallowed them. Mayer argues that we have ignored an essential part of all revolutions: the resistances to revolution, both domestic and foreign, which help fuel the spiral of terror.In his sweeping yet close comparison of the world's two transnational revolutions, Mayer follows their unfolding--from the French Declaration of the Rights of Man and the Bolshevik Declaration of the Rights of the Toiling and Exploited Masses; the escalation of the initial violence into the reign of terror of 1793-95 and of 1918-21; the dismemberment of the hegemonic churches and religion of both societies.
Detalhes do Produto
- Formato: ePub
- Subtítulo: AND RUSSIAN REVOLUTIONS
- Origem: IMPORTADO
- Editora: PRINCETON UNIVERSITY
- Assunto: História
- Idioma: INGLÊS
- Ano de Edição: 2001
- Ano: 2001
- País de Produção: United States
- Código de Barras: 2000173290206


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Done Art and Design, Cairns: "The Art of Ken Done" Cairns Shopping Tip by Robachu1
Cairns Shopping: 37 reviews and 63 photos
The Done Art and Design shop is in what appears to be an old post office building across from the Casino. The interior is bright and modern and filled with Ken Done designed clothes and gifts. Kaoru loved it.
What to pay: AUD$20 for T-shirts, AUD$30-$40 for women's blouses, AUD$50 for neckties, etc.
Address: 4 Spence Street, Cairns QLD 4870, Australia
Phone: (07) 4031 5592
Theme: Gifts
Website: http://www.done.com.au/contact/
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With extensive private and community amenity offerings in your own home and Houston's finest attractions just beyond your doorstep, it's time to experience for yourself why our community is an all-new level of luxury living right in the heart of Houston. Custom-color accent walls Dual vanities and stand-up showers in select homes Energy-efficient washers and dryers Espresso cabinetry with stone backsplashes Gourmet kitchens with stainless steel appliances Granite and quartz countertops One and two-bedroom apartment homes available Open living spaces with high ceilings Plush carpet in bedrooms Spacious walk-in closets Spa-like bathrooms with oversized soaking tubs Wood-style flooring in living...
and dining areas 1/8 mile resident jogging trail 24-Hour Technogym fitness club Bocce ball court and outdoor ping pong table Controlled-access community E-Lounge with WiFi and USB connectivity Flex room with TRX, yoga and spin bikes Fully-equipped catering kitchen Garages and covered parking Available Large dog park and small pet run Outdoor grilling and dining stations Pet-friendly living including pet washing station Private conference and dining room Resident Clubhouse with HDTV lounge and billiards Screening Room with 147 projection screen TV Smoke-free community Swimming pool with sun shelf and private cabanas Online Payments Available *Our community is not authorized to accept housing vouchers. *Our community is not authorized to accept section 8 housing. *Our community is not authorized to accept ANY government subsidized rent programs. *No felony convictions in the last 10 years. *No evictions or broken leases. *No temporary housing. Must rent for 6 months or longer.
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Apartment located at 7100 Old Katy Rd in Houston, TX 77024 has 1 beds, 1 baths, pet friendly and available to rent for $1,210. 7100 Old Katy Rd was listed on RentalSource 65 days ago by Jodi Southwick. 7100 Old Katy Rd is in zip code 77024 which is located in Houston, TX. The rental price of $1,210 is 24% lower than the average rental price of $1,608 for apartment rentals in 77024 and 3% lower than the average rental price of $1,259 for apartment rentals in Houston, TX.Report listing | Visit website
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Very friendly staff and good food.
I have never seen a menu that extensive. Deep in the neighborhood but it was very nice, don't let that area scare you off!
Good server, but she did not cook my burger. This is a diner, so one would expect they could cook a burger to order. NOT. Ordered burger medium rare. First time it came well done. Second time it came out raw. Third time acceptable. Salad, fries, cole slaw very good. Server offered dessert. Desserts looked stale and old. Passed. Cashier...
I have been to the Boulevard Diner several times and have had my food cooked all wrong in the past, and I don't like to complain bc I know the cooks might do horrible things to your returnable items, but today was the icing on the cake!! I ordered a simple thing, eggs over MEDIUM, which came with a hot...
I reviewed this diner in Aug 2015, but since then it's gone downhill. They have made mistakes on my takeout orders. When I dine in, there always seems to be the same 2 bratty kids running around and causing mayhem. I believe their father may work there. It's hard to enjoy a meal.
Breakfast was good but a very poor attitude of our server counteracted the food. He was rude and unattentive. We decided he was so bad at his job, we decided not to leave him any tip.
I've been to this diner several times over the past year both eating in and take-out. The service is almost always friendly and fast. Burgers, wraps, salads, vegetables and breakfasts have been consistently good. Changes and adjustments to menu items is never a problem and have never experienced errors. My favorite, the Sicilian Wrap with sweet potato fries, is delicious....
For lunch and dinner and breakfast you can't beat the service and the quality of food here. My wife and I usually go out for breakfast and we love the whole wheat pancakes. The portions are great and the breakfast delicious. Our only complaint -- and we have voiced this to the owner -- is that their coffee is very...
I grew up in this neighborhood and live down the hill, easy walking distance from this place. It is very convenient so I really, really wanted to at least like it. too many mistakes made on orders, long waits, poor service and forget trying to call in order for delivery because IF they can understand you, they will still mess...
Pancakes are excellent and staff so friendly we will be back on Christmas Day. Great value for money. .
Took my mother here for breakfast yesterday morning (December 7th) after Church. Despite the place being packed, it only took about two minutes to be seated. I ordered the chicno wrap and my mother ordered the western omelette. My chicano wrap, which consisted of scrambled eggs, cheese, bacon, onions and jalopena peppers, was excellent and my mother also enjoyed her...
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garden wedding | Tumblr
candles and flowers
Gosh! I love this style so much but it looks kinda hard to do! Anyone know if its easy? Please comment!
garden party table
This is one of my fav lace dresses from watters, so pretty, so stylish :) Great of a photo shoot during the day!!


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Welcome to Baptist World Alliance Planned Giving.
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Learn how others have made an impact through their acts of giving to our organization and others. Explore the many benefits of charitable gift planning.
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The living trust is becoming quite a popular estate planning strategy. It costs more than a will, but includes many features that are helpful during life and in your estate. Let's review some of the...


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Courtyard Little Rock West
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Driving from Henryetta we called into a small town Checotah (home of Carrie Underwood), which we just happen to come across.
Griff spoke to a truckie who was connecting his trailer to his truck, just blokes talk I suspect.
We stayed and had lunch at Diner 96 and had a chat to a couple of local ranchers. It appeared the whole diner was listening at one point, I ...
Little Time in Little Rock
Larry came here to bring Sue to the airport, so we spent our first night here going out to dinner with him and then relaxing by the shore of the Arkansas River, watching the dancing lights on the bridges and the occassional barge.
Friends and Flying Fish
A four fun days with the Sairavan Gang on the shores of the Arkansas River. Happy Hours every evening at our place (with LOTS of uninvited noseeums/chiggers), and a great dinner in Downtown Little Rock at the Flying Fish.
Heading to Branson tomorrow!
Day 20 William J Clinton Presidential Library
Today they were celebrating President Clintons birthday with free admission woohoo we scored again. They also were handing out free 1500 free backpacks for kids. The line was aground the building. They let us in a separate entrance so we avoided the kids for ...
Day 23| Clinton Presidential Museum Visit
... were plodding across the wide open Texas landscape.
Following the GPS I rolled into the $47/night Econolodge in North Little Rock around 3 pm. As I entered the Lobby, I quickly heard and saw an attendant of Asian-Indian descent who was loudly complaining on the phone that he wanted to talk to someone who spoke English. As we made eye contact, we both started laughing. He quickly terminated the call, and said he knew what I was thinking. ...


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decided: March 15, 1973.
JUAN A. GONZALEZ, ADMINISTRATOR ON BEHALF OF THE ESTATE OF EFRAIN GONZALES, DECEASED, PLAINTIFF-APPELLANT,v.JOHN DOE, OFFICER OF THE HARTFORD POLICE FORCE, ET AL., DEFENDANTS-APPELLEES
Lumbard, Smith and Mansfield, Circuit Judges.
MANSFIELD, Circuit Judge:
Juan A. Gonzalez, administrator of the estate of his deceased brother Efrain, brought an action in the United States District Court for the District of Connecticut seeking damages against a then unknown Hartford police officer, other named supervisory police officials of the City of Hartford, the former City Manager, and the City itself, for the alleged homicide of Efrain and the deprivation of his civil rights in violation of 42 U.S.C. § 1983.*fn1 The police officer, originally designated John Doe, is now claimed to be Thomas Ganley.*fn2
The district court, acting upon a motion filed by the City alone, dismissed the claims against the City,*fn3 holding in reliance upon Monroe v. Pape, 365 U.S. 167, 187-192, 81 S. Ct. 473, 5 L. Ed. 2d 492 (1961), that the City is not a "person" within the meaning of 42 U.S.C. § 1983 and that it therefore may not be sued thereunder. Plaintiff urged retention of pendent jurisdiction over the City, even if it were held not liable to suit under § 1983, because Conn.Gen. Stats. § 7-465 (1972)*fn4 might obligate it to pay on behalf of the defendant City officials any sums for which they might be held liable as a result of this proceeding. Applying the standards set forth in United Mine Workers v. Gibbs, 383 U.S. 715, 86 S. Ct. 1130, 16 L. Ed. 2d 218 (1966), however, the court also declined to exercise pendent jurisdiction over state law claims against the City.
On motion of the plaintiff under Rule 54(b), F.R.Civ.P., Judge Clarie determined that there was no just reason for delay and directed entry of a final judgment dismissing the claims against the City.*fn5 Accordingly, the appeal is properly before us. See Farrell v. Piedmont Aviation, Inc., 411 F.2d 812, 814-815 (2d Cir.), cert. denied, 396 U.S. 840, 90 S. Ct. 103, 24 L. Ed. 2d 91 (1969); 6 Moore, Federal Practice para. 54.45 [2-2] (2d ed. 1971). We affirm the dismissal of both the § 1983 and pendent claims against the City.
The case arises out of the shotgun slaying of Efrain Gonzalez in Hartford during a period of civil strife in that City in July, 1970. Defendant police officers were on duty at the time in an attempt to quell the disturbances. Plaintiff claims that his brother was shot without provocation by Officer Ganley who then left the scene with other police officers, none of whom attempted to render any assistance to the fatally wounded victim.
The complaint designates eight separate claims or causes of action. The first three seek compensatory and punitive damages under § 1983 against Officer Ganley for the slaying of Efrain Gonzalez, either wilfully and wantonly or through the negligent use of excessive force. The Fourth and Fifth Claims are jointly and severally directed against the other defendant municipal employees, seeking the same relief under § 1983 for negligent failure to supervise and prevent in various respects the use of deadly force by the police in the control of civil disturbances, which allegedly resulted in the shotgun death of Efrain Gonzalez. The Eighth Claim seeks the same relief from Ganley and the other individual defendants for an alleged conspiracy to conceal Ganley's identity and thereby prevent the enforcement of plaintiff's right to damages under § 1983.
Upon this appeal we are concerned only with the dismissal of the Sixth and Seventh Claims as against the defendant City of Hartford. The Sixth Claim was brought under Connecticut's wrongful death statute*fn6 and seeks "pecuniary damages" jointly and severally against the individual defendants. The Seventh Claim, which incorporates the § 1983 and wrongful death allegations contained in the first six claims, and further alleges that at all material times the defendant City officials were acting within the scope of their employment, is directed against the City of Hartford and asks compensatory damages and costs only.
In Monroe v. Pape, 365 U.S. 167, 81 S. Ct. 473, 5 L. Ed. 2d 492 (1961), the Supreme Court canvassed the legislative history of Section 1 of the Ku Klux Act of April 20, 1871, now codified as 42 U.S.C. § 1983, and noted that a proposal (suggested by Senator Sherman) to add a separate section to the Act providing for municipal liability in damages was rejected amidst vigorous debate over the question of Congress' constitutional power to impose civil liability on the municipal corporations of the states. The Court concluded that "the response of the Congress to the proposal to make municipalities liable for certain actions being brought within federal purview by the Act of April 20, 1871, was so antagonistic that we cannot believe that the word 'person' was used in this particular Act to include them." Id. at 191, 81 S. Ct. at 486. Absent any judicial or legislative modification, the effect of this landmark decision is to preclude suit against a municipality based on § 1983.
Appellant seeks to avoid the breadth of Monroe by urging that where a state has, through a law such as Conn.Gen.Stats. § 7-465,*fn7 voluntarily imposed on its municipalities an obligation to pay certain damages for which one or more of its employees has been held liable and has removed from them the defense of governmental immunity, no question of federal deference to local immunity is involved and a claim for damages under § 1983 should therefore be permitted against the municipality. The correctness of this view is said to be buttressed by the existence of 42 U.S.C. § 1988*fn8 which has been read to mean that "both federal and state rules on damages may be utilized, whichever better serves the policies expressed in the federal [civil rights] statutes [described in § 1983]," Sullivan v. Little Hunting Park, Inc., 396 U.S. 229, 240, 90 S. Ct. 400, 406, 24 L. Ed. 2d 386 (1969) (action under 42 U.S.C. § 1982). Appellant further argues that Monroe v. Pape has been eroded by decisions granting equitable relief against municipal corporations under § 1983 and by the absence of any indication in that statute's legislative history of Congressional hostility toward the imposition of municipal liability where such liability is imposed by state law. In short, we are asked to draw the "inference that Congress intended municipalities to be liable under the Civil Rights Act to the extent that they are liable under state law." This we decline to do.
In construing the word "person" as used in § 1983, the Supreme Court did not base its decision upon policy considerations but upon the clearly defined intent of Congress as evidenced by the legislative history of that statute. 365 U.S. at 191, 81 S. Ct. 473, 5 L. Ed. 2d 492. The 42nd Congress, voicing sharp hostility to subjecting municipalities to liability for damages based upon violation of civil rights, made it clear that the term "person" was not to include a municipality. Whatever may be our views as to the wisdom of subjecting municipalities to liability when the parent state has adopted a legislative amendment, we cannot now expand that meaning by attributing to Congress policy considerations which it never entertained. To say that the 42nd Congress, if it had pondered further upon the matter, might have concluded that § 1983 should reach a situation where a state itself imposes liability upon its municipalities for acts of their employees is to rewrite history. There is no evidence that it ever contemplated such a possibility. But there is strong evidence to the contrary, which led the Supreme Court in Monroe to conclude that since a municipality is not a "person" it may not be held liable in damages for deprivation of rights protected by § 1983. The word "person" as used in the statute has the same meaning now as it had then. As the Seventh Circuit recognized in dealing with the same issue in Ries v. Lynskey, 452 F.2d 172, 175 (7th Cir. 1971), the question is
"Not whether the Congress in 1871 would have included a municipality within the definition of 'person' if at the time municipalities generally had not had immunity under the common law of states but rather the test is what Congress meant to do at that time irrespective of the reasons leading to that action. What Congress meant to do, it seems clear from the exposition in Monroe, was to legislate that 'person' did not include a municipality."
We are aware that in Carter v. Carlson, 144 U.S.App.D.C. 388, 447 F.2d 358, 368-369 (1971), reversed on other grounds sub nom. District of Columbia v. Carter, 409 U.S. 418, 93 S. Ct. 602, 34 L. Ed. 2d 613 (Jan. 10, 1973), the District of Columbia Court of Appeals adopted the view, here advocated by appellant, that municipalities may be held liable in damages under § 1983 to the extent that they are liable under state law. But we find ourselves in accord with the contrary views expressed in Yumich v. Cotter, 452 F.2d 59 (7th Cir. 1971), cert. denied, 410 U.S. 908, 93 S. Ct. 955, 35 L. Ed. 2d 269 (1973), which rejected the reasoning of Carter v. Carlson, supra, stating:
"With all respect, however, we read Monroe as a binding statutory construction, not dependent upon state law immunity, and not related to a deficiency in federal remedies, but establishing that § 1983 does not impose liability for damages upon a city." Id. 452 F.2d at 61.
The same position has been adopted by other courts which have considered the issue in this light, see Moor v. Madigan, 458 F.2d 1217, 1218-1220 (9th Cir. 1972); Wilcher v. Gain, 311 F. Supp. 754 (N.D.Cal.1970); see also Patrum v. City of Greensburg, 419 F.2d 1300 (6th Cir. 1969), cert. denied, 397 U.S. 990, 90 S. Ct. 1125, 25 L. Ed. 2d 398 (1970).
We find no warrant for a departure from the Monroe rule of municipal immunity from damages under § 1983 in the reasons pressed upon us by appellant. While § 1988 may allow use of state remedies in redressing deprivations under § 1983, at least where federal remedies are deficient, see Sullivan v. Little Hunting Park, Inc., supra, we are here confronted with the preliminary issue of whether liability exists at all under § 1983, not what remedy would be appropriate if liability should exist. Manifestly the nature of an appropriate remedy, which assumes the existence of liability, is irrelevant to the question of whether liability can attach in the first place. Furthermore, since state remedies available by virtue of § 1988 may not be "inconsistent with the. . . laws of the United States," and municipal liability for damages does not exist under § 1983, Monroe v. Pape, supra, such liability cannot be created by state legislation, whether or not it be labelled a legislative waiver of immunity. See Moor v. Madigan, supra 458 F.2d at 1220. Federal liability can be created only by an affirmative act of Congress.*fn9
In short, Congress intended municipalities not to be encompassed within the term "person" as used in § 1983, at least for the purpose of damage suits. The decision to change what it enacted should remain exclusively with Congress itself. In such a posture consideration of the wisdom of making municipalities liable to suit under § 1983*fn10 when the parent state has removed governmental immunity and imposed liability on them for damages assessed against their employees acting in the scope of municipal employment*fn11 would not be an appropriate course for us to pursue.
We turn to the issue of pendent jurisdiction over the state law claim of indemnification against the City under Conn.Gen.Stats. § 7-465, which is contingent upon a judgment ultimately being entered in favor of appellant against the City officials.*fn12 Judge Clarie declined to exercise such jurisdiction, and we think it was within his discretionary power to do so.
In United Mine Workers v. Gibbs, 383 U.S. 715, 86 S. Ct. 1130, 16 L. Ed. 2d 218 (1966), the Supreme Court considered the question whether a federal court, assuming it had the power to hear a state claim as pendent, should, after taking into account "considerations of judicial economy, convenience, and fairness to litigants," exercise that power, id. at 726, 86 S. Ct. at 1139, and observed:
"That power need not be exercised in every case in which it is found to exist. It has consistently been recognized that pendent jurisdiction is a doctrine of discretion, not of plaintiff's right." Id.
Applying these principles here, we find no abuse of discretion in the dismissal of the pendent claims against the City. See Patrum v. City of Greensburg, 419 F.2d 1300 (6th Cir. 1969), cert. denied, 397 U.S. 990, 90 S. Ct. 1125, 25 L. Ed. 2d 398 (1970). Appellant phrases the issue as "whether a state law claim against a public entity can be pendent to a § 1983 action against one or more of the entity's employees" and, answering in the affirmative, refers us to Eidschun v. Pierce, 335 F. Supp. 603 (S.D.Iowa 1971), where the court, after finding it had the power, chose to retain pendent claims against a city as § 1983 claims remained to be tried against municipal employees and the proof required to establish both sets of claims was essentially the same. In the present case, however, the district court struck a different balance in weighing the factors of economy, convenience, and fairness, and we do not find its conclusion to be unsound.
We may assume for the purpose of review that there was power in the district court to hear pendent state claims against the City even though federal claims survived only against the other defendants, cf. Leather's Best, Inc. v. Mormaclynx, 451 F.2d 800, 809-811 (2d Cir. 1971); Astor-Honor, Inc. v. Grosset & Dunlap, Inc., 441 F.2d 627 (2d Cir. 1971),*fn13 because we are convinced in any event that there were sound reasons for not retaining pendent jurisdiction over the City in this case as a matter of discretion. First, the City of Hartford notes in its brief that it "filed a statement with the Clerk of the District Court on June 8, 1971, that the municipality will pay any judgment entered in the action against named employees." Secondly, there is no reason to assume that, if necessary, the state courts would not grant full faith and credit to any judgment obtained against the municipal officials in the federal court. Thirdly, if the City should contest its obligation to pay any judgment rendered against its employees, the issues of whether they were "acting in the performance of [their] duties and within the scope of [their] employment" and whether the damage was "the result of any wilful or wanton act"*fn14 would likely be raised. Those issues concern the interpretation of a state statute and the Supreme Court reminded us in Gibbs that "needless decisions of state law should be avoided both as a matter of comity and to promote justice between the parties, by procuring for them a surer-footed reading of applicable law." 383 U.S. at 726, 86 S. Ct. at 1139. Moreover, to the extent that the standards to be applied and the proof required to meet them in order to render the City liable under the state statute differ from the standards and proof required to render the individual defendants liable under § 1983, any jury which might be empanelled would be subject to confusion which it would be best to avoid. Finally, there is the possibility that a jury might be prejudiced against the other defendants on the primary claims if it knew from the claim against the City as a defendant that it might be obligated as an indemnitor to pay for any judgment assessed.
Under these circumstances the district court was well within the bounds of allowable discretion in refusing to hear the state law claims against the City once the federal claim against it was dismissed before trial.
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CIO weekly wrap-up: IT budgets, outsourcing applications, CIO tenure
We had an info-packed past week at SearchCIO.com. Don't believe me? Check out the stories and guides below, covering 2010 information technology budgets, CIO job tenure, outsourcing IT application develoment and management and more.
2010 information technology plans will have smaller budgets — Will 2010 be the year most IT budgets decline? Our annual survey says "yes" but also reveals significant differences in both budgets and priorities between the haves and have-nots.
A mainframe application modernization strategy that pays for itself — This "lift and shift" migration from 700 MIPS to Windows paid for itself and future enhancements out of operational savings. In this piece, experts weigh in on some best practices.
Insourcing IT application development and management: A how-to guide — Insourcing your IT application development and management can bring you closer to your mission-critical applications and data. In this tip, get advice on bringing application work back in-house.
CIOs parlay business smarts into stable job tenures — In a sign that the IT role is maturing, the tenure of IT executive jobs was an average six years in 2009, a dramatic difference from past downturns. Find out why CIOs are sticking around.
CIO's guide to outsourcing application development and management — Application outsourcing will lead enterprise CIO agendas again next year, with IT application development and management services in high demand. Learn more in this guide, our latest in the CIO Briefing series.
PMO becomes cornerstone of IT executive leadership
How important is a strong project management office to the success of an IT leader? For Ogilvy & Mather Worldwide CTO Yuri Aguiar, building a centralized PMO was the cornerstone of his efforts over the past year to leverage technology for the ad agency's 15,000 employees.
Ogilvy was spending millions annually on technology-related projects but not getting very far, Aguiar said. "It would all go towards hardware and services and be fragmented around the globe." A year and a half ago, the PMO was established under the auspices of the global IT operations in New York.
"We have managed to centralize every single dime of the capital. It is our biggest success story in managing spending," he said.
Aguiar was in Boston last night to talk about transformational leadership at the Society For Information Management's (SIM) end-of-year get together.
The power is not in the PMO, per se, Aguiar said, but in a fundamental change in how projects are funded and managed at Ogilvy. All projects are reviewed by three architects and subjected to a risk mitigation and management (dubbed RM2) metric before approval. Top priority is given to revenue-generating projects. Urgent projects trump "important" projects, and timelines run about 12 to 14 months max. Also, all project managers report directly to Aguiar. "If somebody is running one day late, he or she is knocking on my door," he said. He also appointed a person (based outside New York) who spends roughly 50% of his time capturing the results of the projects. Success stories are then shown off on a regular basis, with "real statistic and measurements, no vaporware," he said. If the project "can't be seen or touched or used, it is not there."
The project management office becomes even more critical in a tough economy. To compete on price, Ogilvy has built small production hubs in places around the world to take advantage of the lower labor costs.
I'll be digging deeper into how the Ogilvy PMO works in an upcoming story. In the meantime, we'd like to hear from you on how you are structuring your PMOs to drive IT execution and strategy.
Coda: CIO equals "career in overdrive"
Typical of good speakers, Aguiar's talk was peppered with multi-point lessons and catch phrases — and raw ambition proudly on display. Aguiar said he stepped into the position in January armed with four personal goals. Nobody in the organization was going to think of the CIO as a "career is over." In his realm, CIO is going to stand for "career in overdrive." He wanted to be "sought after" by the business to solve problems, not "hunted" down to answer why something wasn't working He is earning the respect of his IT team by showing them he is a leader not a "middleman" in the business, and he plans to convince the business he is a partner, not a participant, in Ogilvy's success.
CIO weekly wrap-up: Customer feedback management, outsourcing risks
We got our first snowfall here in Boston yesterday (not counting the snow we had in mid-October — yes, October), and I think I'm already done with winter…if only Mother Nature were on board! If you're hating snow like I am — or even if you're not — check out the latest content from SearchCIO.com, covering disaster recovery, customer feedback management, outsourcing application development and log management practices.
Four lessons in IT disaster recovery planning from an FAA outage — Does the recent FAA outage contain lessons for CIOs? You bet, starting with the fact that most IT disasters are exactly like the one that hobbled the flight management system.
Customer feedback management tools advance, but still no social media — Customer feedback management tools offer new functionality, but responding to social media often falls to the call center.
Managing application development outsourcing risks — Application development outsourcing poses risks, from developers sharing information on blogs to not knowing who is really writing your code. Find out how to manage them here.
Leveraging log management for IT and business process efficiency — Having invested in log management for security and compliance, some companies are using their security information and event management tools to drive business process efficiency.
Has Google Wave impressed you as an enterprise collaboration tool?
I'm going to preface this post by admitting that Google usually impresses me with ease. Google Web search? Easily the best one out there. Google Street View? Amazing. Google Chrome Web browser? Just made the switch and glad that I did. So, when I received my long-awaited Google Wave invite last week, I was ecstatic, and quickly passed invites along to several friends and colleagues. I'd heard all the buzzwords. "Unified communication." "Enterprise collaboration." "Real-time integration." All of this, plus Google's well-earned reputation as a leader in Web and IT innovation? I couldn't wait to ride the Wave!
OK, now somebody please explain this to me, because I am so unimpressed. I've been able to chat through Gmail through years, so how is this much different? I guess the fact that you can hold a multi-person chat is cool, as is the ability to embed videos and photos directly into the chat stream (when it works). But I don't see anything revolutionary in here. Moreover, I find it cluttered and confusing to navigate, whereas Google is usually so intuitive. (Also, a friend and I each experienced an unwanted person from our past popping up on our contact list – come on, Google, you're supposed to be smarter than that!)
My experience has made me question Google's long-term strategy with regard to enterprise collaboration and Google Wave. Google likes to be the standard by which other Software as a Service applications judge themselves. More and more, Google is trying to market its services, like Gmail, to enterprise organizations. From all of the hype surrounding it, I had the impression that Google Wave would make me feel like my colleague in the Midwest is sitting at the next desk over. Alas, it hasn't, and I can't see Google Wave, in its present iteration anyway, taking on any kind of foothold in the enterprise.
Moreover, would enterprise audiences want so much pertinent communication taking place on a platform that they do not oversee? In a new and somewhat untested Web 2.0 environment, security and privacy issues are likely to emerge, and I would anticipate compliance headaches aplenty for CIOs who have employees communicating on this platform about work-related matters.
Despite the rocky start to our relationship, I'm trying to give Google Wave a second shot, and envision ways it could carry an enterprise forward. Have you tried using Google Wave in the workplace yet? What's your experience been? Can you see a CIO sanctioning its use as an enterprise collaboration platform in the distributed workforce?
CIO weekly wrap-up: IT application management outsourcing, BSM tools
Welcome back from Thanksgiving! If you're anything like me, you're still going through some post-turkey malaise. As you recover, check out SearchCIO.com's stories from last week.
Outsourcing IT application management on rise for 2010; here's why — The effects of the recession continue for 2010, with outsourcing IT application management and maintenance expected to be robust, while application development won't bounce back, our experts and users say.
Business service management software and tools for IT service delivery — Learn how business service management software and tools can help better align IT with the business and improve governance and service delivery.
CIO weekly wrap-up: Agile, app consolidation, IT management FAQ guides
It's almost Thanksgiving! And nobody is looking forward to mashed potatoes and pumpkin pie more than I am. Since those of us in the U.S. have a shortened work week ahead, I won't keep you for long, but please take a few moments to check out our latest SearchCIO.com content, from Agile best practices to application consolidation to a compilation of our best IT management FAQ guides for the CIO.
FAQ: Agile practices and their role in software development — Companies are increasingly using Agile practices to improve software project outcomes. Learn more about Agile in our latest FAQ guide, from Scrum to Extreme Programming and more.
IT exec's best practices for application consolidation include SaaS — Learn how one IT director employed application consolidation to cut maintenance costs, improve reliability and centralize data with a strategy that included SaaS.
IT management FAQ guides for enterprise IT strategies — In these IT management FAQ guides, get answers to frequently asked questions about technologies and methodologies such as ITIL, Lean thinking, Six Sigma, and more.
Customer feedback management: Is anybody listening?
I recently made my first big purchase — a new vehicle — and I made my mind up pretty much before I entered the showroom floor, thanks to customer feedback I gathered on the Internet. What surprised me when I went to test drive my dream SUV was the lack of customer feedback management being done by the car dealers and makers.
I went to Consumer Reports and Edmunds to compare safety ratings, highway miles per gallon, handling and longevity, but my list of choices was narrowed down much further by comments made at the end of the reviews by current and former drivers.
I was sure I was going to buy one particular SUV but found repeated complaints about its small back window that caused huge blind spots. Another one on my list had a souped-up engine [based on customer feedback] but left the gas tank the same size, leading to another customer complaint that still hasn't been addressed: frequent fill-ups.
I was overloaded by all the different complaints and accolades made by drivers, but when I asked the salespeople about the customer feedback I read on blogs and reviews I heard "I haven't heard that" or "No one's told me that."
I don't lay the blame on the salespeople — they might not even be encouraged to look at what people are saying on public forums like blogs, Twitter, Facebook, emails or YouTube.
But who is responsible for customer feedback management? The feet on the street, or management? How do you centralize all this information, and distribute it so front-line employees are on top of what customers are saying and equipped to respond?
Was my experience atypical, or are companies ignoring a channel that may decide what people actually buy? Are they paralyzed by some of the critiques, and choosing to ignore them instead?
This is just the experience I had when looking for an SUV. I won't even go into how the dealer dropped the ball when it came to rating my buying experience.
Share your thoughts on customer feedback management, or the lack of it — but particularly if you work for a company that does it well. Email me at firstname.lastname@example.com.
Things to be thankful for: IT executives on Thanksgiving 2009
This has been a tough year, yet there are always things to be thankful for. Indeed, the upside of the worst of times may just be to make that clear. Pondering this over the past few days with Thanksgiving approaching, I asked around to find out what things some of you were thankful for, from technologies to the softer side of managing. Here are some of your responses.
"What springs to mind immediately is that [the recession] has given us (IT) the chance to dig into regrouping, planning, reorganizing and streamlining our processes and architecture to be positioned so that we are able to meet increased demand with aplomb. Thank goodness we had that chance, because that demand has already begun with a vengeance!" — Kendyl Peebles, IT director/department manager, Clancy & Theys Construction Co.
"The sense of humor and the absurd of my staff; Windows 7; virtualization." — Joanne Kossuth, CIO and vice president for operations, Franklin W. Olin College of Engineering
"I am thankful for having a talented and dedicated team of professionals who have never lost their focus, passion or commitment in these difficult times." — Larry Bonfante, CIO, U.S. Tennis Association
"Our industry is going strong and gold is well over $1,100! We made a lot of headway towards standardization and process improvements and we have many key projects in our pipeline for 2010 that my team is excited and ready to execute." — Shelly Barnes, director of PMO, IT Services & Infrastructure, Newmont Mining Corp.
"That my company considered IT part of the solution (rather than a target) to finding better, less expensive ways to get work done." — Niel Nickolaisen, CIO and vice president of strategic planning, Headwaters Inc
"Not having lost anything that really matters during this year of greed and idiocy. I'm truly thankful for being reminded of what is important." — Les Johnson, CIO, North Coast Electric Co.
And we here at SearchCIO.com and TechTarget are thankful for all of you, who contribute to our efforts in so many ways as readers, as sources, as advisers and even as friends. Thank you for a great year so far, and have a great holiday!
CIO weekly wrap-up: SOA best practices, ITIL, ITSM, app consolidation
Last week was a busy one for SearchCIO.com, with SOA topping our slate. We have best practices for SOA implementation, SOA for business process transformation, SOA in action at Amtrak…you get the picture. We also quizzed you on your ITIL and ITSM knowledge and discussed application consolidation in four ssteps. For the full list of articles, click on the links below!
(And yes, if you sense some forced cheeriness, it's because I'm still trying to recover from last night's Patriots-Colts game. I don't want to talk about it — still too painful to put into words.)
Best practices for a SOA implementation and application integration — A service-oriented architecture (SOA) implementation and application integration allow information to be transferred and supported efficiently. In this month's CIO Briefing, learn more about SOA best practices.
SOA implementation propels business process transformation — When business process automation was insufficient and BPM products proved too narrow, a CIO turned to SOA to streamline business processes and boost productivity by 30%.
SOA best practices from Amtrak — Amtrak's chief SOA architect offers advice to CIOs on implementing SOA services, from creating a plan and choosing standards to governance and monitoring.
Review the latest trends in ITSM and ITIL best practices — Many enterprises find that implementing ITSM and ITIL best practices leads to improved efficiencies and lower costs. Review our latest ITSM and ITIL content and take our quiz.
Should it stay or should it go? Application consolidation in 4 steps — In this piece, learn how to decide which applications to cut and which to keep when consolidating your application portfolio.
UMD CIO Forum highlights the role of IT innovation, Web 2.0 potential
Last week at the University of Maryland's 10th Annual CIO Forum, a succession of CIOs from the government, health care and publishing industries described how they are harnessing IT innovation with limited resources during the recession. The featured speakers also discussed what they see as the future of Web 2.0 in the business.
Bipin Patel, CIO of ProQuest, spoke to the audience about the ways that Web 2.0 is changing business and usage patterns at his company. As he observed, "the inflection point [for Web 2.0] has been met and passed. The old model of publishing is gone." So, what has replaced it? "The users themselves – the researchers – are creating information and reacting with each other," he said. "They are the publishers now." They're working collaboratively with their community to identify and feature useful information. As part of his company's Web 2.0 efforts, Patel's team has created an online community for graduate students, where they can publish their dissertations for public view. The online community, called GradShare, has been rolled out in about 30 schools.
Premal Shah, formerly of PayPal and now the president of Kiva, offered another example of how to leverage Web 2.0. He described how the "eBay for microfinance," as he put it, has leveraged Web 2.0 to both sustain innovation and build out features that Kiva's resources could not provide. Kiva has grown rapidly since its founding and now has made more than $100 million in loans from more than 600,000 people, with 103 microfinance partners globally. Shah said the microcredit model is working, citing a 98% repayment rate for Kiva loans, and that transparency in results is crucial to success. "Imperfect credit is OK, but imperfect data is not OK," he said. "The donors of the world want transparency."
"Radical transparency," in fact, was one of three Web 2.0 principles that Shah listed, along with providing an addictive user experience and crowdsourcing against constraints. Since engineering resources were scarce for IT innovation, Kiva opened up its API to crowdsource development. As a result, Kivadata.org is online. Shah said that Kiva now also has about 500 volunteers that work as "virtual translators," helping to translate profiles so that their projects can get funded.
Shah also offered advice on growing Web 2.0 communities: identity the influencers and power users. "Cater to your addicts," said Shah. "Keep short feedback loops."
Douglas Abel, CIO of Anne Arundel Health System, focused his remarks on how to manage growing demand for health care at a new health care campus in downtown Annapolis. He's seen success using targeted IT innovation, like bar-coding medicine at the bedside to "check to see if it's the right patient, right dose." Now, as electronic healthcare records (EHRs) enter the system, he says the effectiveness of sharing data depends on standards, identifying bad data and avoiding duplicate records. Should his efforts succeed, Bell said that Anne Arundel Health System will be in the top 10% of automated hospitals. "It's about building an infrastructure that's patient-centric," he said, "not venue-centric."
Web platforms for health care information exchange are growing outside of major hospital systems. David Horrocks, former CIO and president of CRISP, discussed the ways that he's building out Maryland's statewide health information exchange and maintaining privacy. CRISP is Maryland's statewide health information exchange, which moves clinical information electronically among disparate health information systems.
New models for IT innovation in telemedicine also are also emerging. Dr. Sean Khozin presented on Hello Health, a pilot practice in New York that uses a Web-based platform for primary health care. Hello Health requires an in-person initial checkup, after which virtual follow-ups use telemedicine, unified communications and EHRs.


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i have this place in my heart for the upper west side in the 100's near columbia university. for whatever reason, it doesn't feel like you're in manhattan anymore. we find ourselves walking up there a lot on the weekends to get treats at the hungarian pastry shop and stock up on bagels for the week at absolute.
new yorkers get opinionated over pizza and bagels. everyone knows the best place and there's no use arguing about it. pick your favorite and defend it.
i daresay they are the best bagels on the upper west side, though i'm sure some would disagree.
ps: it's close to the famous seinfeld restaurant.


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The Wayside Bed & Breakfast Bilbrook Minehead
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The Wayside Bed & Breakfast Bilbrook Minehead: Find photos, reviews, information, amenities and compare prices for 3 stars hotels in Washford, United Kingdom.
Situated in Washford, this 3-star property is modern and stylish.
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URGENT: Blacky Needs a Foster Home ASAP!!
Our sweet, 7 year old fella is in desperate need for a foster home! He recently had to have his eye removed because of the severe glaucoma and he lost his foster home. Blacky is not good with cats and small dogs. He would do best in a quieter home. Blacky is good with kids and adults. He is house trained, crate trained and pretty good on the leash. He needs OUT of boarding!
Email email@example.com or fill out our online application at www.labradorsandfriends.org Blacky is located in Southern California.
In the Beginning:
Foster or Forever Home Wanted: Meet Blackie!!
Blackie is an amazing, almost blind, lab/bully mix. Blackie came to us from the OC Shelter, after his family left him there, he was euthanasia listed for having vision issues. He will most likely loose his one eye to glaucoma, but his other eye for now is functioning. He is a big love bug who loves to cuddle and snuggle!
Blackie is house trained, crate trained, good with dogs his size (no small dogs or cats). He love s people and kids. He walks well on the leash, knows some commands and is very food motivated. Blackie is sweet, loving and still ready for adventure.
Email email@example.com or fill out our online application at www.labradorsandfriends.org Blackie is located in Southern California.
Thank You!
Your message has been sent to Labradors and Friends Dog Rescue Group.
You'll receive a copy, too, at to help you keep track of which pets you've inquired about, and which shelters and rescues you've emailed.
NOTE: Some shelters have physical locations you can visit; some of these shelters may only have pets for a limited time, so please do not wait for a reply—just go visit the shelter! Other organizations are rescue groups run by busy volunteers who may take a while to reply. You can find information about the shelter or rescue group caring for this pet, and their adoption procedures, on the pet's details page on Adopt-a-Pet.com.


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Today, my biology professor was giving a lecture to everyone and used me as an example. For what? Traits men are repulsed by in potential mates. FML
by Anonymous / 04/22/2014 at 11:26am / Canada (New Brunswick) / Miscellaneous
Today, my friend saw a stamp on my hand and asked me which club I had gone to last night. I was so desperate to seem cool that I lied, instead of admitting it was actually from a children's play group that I took my kids to. FML
by lamemom / 04/05/2014 at 6:05pm / Canada (New Brunswick) / Kids
Today, I was sitting in the coffee shop where my boyfriend and I used to go before he broke up with me about a week ago. I was missing him and wishing he was there, when all of a sudden this 14-year-old kid comes up to me and says, "He's not coming, you may as well go home." FML
by Anonymous / 03/27/2014 at 7:03pm / Canada (New Brunswick) / Love
Today, I went to take a shower. When I turned it on, no water came out. Only ants. FML
by anon / 12/27/2013 at 2:28am / Canada (New Brunswick) / Miscellaneous
Today, I watched my mother tell a man that the holocaust was "a good thing" and "necessary for population control". That man was my girlfriend's father. Who is Jewish. FML
by Colby / 11/15/2013 at 11:59am / Canada (New Brunswick) / Miscellaneous
Today, I decided to make what I thought was a pretzel recipe. I ended up eating cooked, egg-coated play dough. Literally, homemade Play-Doh. FML
by thecodecat / 11/15/2013 at 7:13am / Canada (New Brunswick) / Miscellaneous
Today, my boyfriend came over for the first time after we made up from a huge fight. He loves my cat, but she's sick right now so she wouldn't play with him. He yelled at me for "making" her not like him by "telling her lies". FML
by littlekellilee / 10/07/2013 at 12:20pm / Canada (New Brunswick) / Animals
Today, I got in a heated fight and ended up being punched in the jaw. The fight was about Harry Potter. FML
by Anonymous / 08/27/2013 at 3:21am / Canada (New Brunswick) / Geek
Today, I went to the movies with my boyfriend. The movie was in 3D, and he couldn't help but notice it would be much cooler if you could feel what the characters did. He spent the next two hours slapping me every time the person in the movie did, claiming the movie would be "better". FML
by bruised / 03/13/2013 at 5:06pm / Canada (New Brunswick) / Miscellaneous
Today, my boyfriend invited me over to "play with his lizard." After excitedly rushing across town, I realized this wasn't a euphemism, he actually bought an Iguana. FML
by Iguana / 09/11/2012 at 10:35pm / Canada (New Brunswick) / Intimacy
Today, my dad sat me down for the sex talk. Almost before he could open his mouth, my mother popped her head into the room and said, "Be realistic, Dan. Who would want to sleep with that?" FML
by CallaC / 03/14/2012 at 10:01pm / Canada (New Brunswick) / Miscellaneous
Today, I got my first driving lesson from my dad. We traded seats, I started the car and his entire lesson was, "Go." FML
by Maggie / 12/10/2011 at 11:45am / Canada (New Brunswick) / Miscellaneous
Today, during my friend's group's science project presentation, the teacher yelled at me, "Stop making stupid faces at the presenters!" I was smiling. FML
by mcadabax / 11/05/2011 at 7:06am / Canada (New Brunswick) / Miscellaneous
- Today my fiancee and I were having sex, it was lovely and we both were really into it. I decided to… Today, my crush got together with a dude on my 18th birthday party after I tried my best to win her… Today while walking to the shop under the blistering African sun, I stepped on something that stuck…