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Date: 2000-09
Description: Wagon Train organized by Everett Schultz family living on Pole Road.
Description: Wagon Train continues on McArther Road.
Date: 1978-02
Description: Elevated view of the town's elaborate brick church featuring a central steeple.
Date: 1978-02-01
Description: "In the early morning hours, a new month dawns on the small village of Theresa. The village is now in the 130th year of its existence." The village marke...
Date: 1948-12-08
Description: "This is the dam at Luhns."
Date: date unknown
Description: "This field is located south of Theresa."
Date: 1994-12
Description: "When the Theresa Community Development Corporation had a naming contest for this park, Janet Schuster Checolinski was the winner, with 'Rivers Edge Park.'...
Date: 1997-03-19
Description: "Theresa water tower construction."
Date: 1988-07
Description: "Suzanne Erdman of Theresa State Bank and Fireman Chuck Trauba hold a sign showing progress of Theresa Fire Department's Jaws of Life Fund Raiser."
Date: 1968
Description: "Bonnie enjoys looking out of the window."
Date: 1983-06
Description: The dance hall at Theresa undergoing extensive remodeling by former TV personality Ward Allen.
Date: 1962
Description: "Shirley Widmer & daughter, Brenda, check out the excavation for the new addition to the Theresa Public School."
Date: 1980-04
Description: Shortly after their wedding at Saint Theresa Catholic Church, Eugene Bodden and his bride, Linda Johnson prepare to leave the church in a manure spreader.
Date: 1982-12
Description: "This old log house is located on Allen Road south of Theresa."
Date: 1949
Description: "Marge Walsch."
Description: Eunice Lamers and her pet are silloutted by the late afternoon sun.
Description: "Cows graze along the Rock River. In the distance is North Pole Road and beyond that tracks of the Soo Line Railroad."
Date: 1993-07
Description: "This home, with stone fence, which is southwest of Theresa, is on Cty Trk Hwy H near Midland Drive."
Date: 1987-07
Description: "Andy Schnitzler holds the plans for the 'River View Mobile Home Park' which will be developed in the fields behind."
Date: 1988-06
Description: "Workmen from Southeast Construction Company are laying a 10-inch gas line that begins at Pine Bend, MN and will end at Granville, IL."
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Report of immigration at Philadelphia for the week ended August 31, 1901
J. L. Hughes
Public Health Reports (1896-1970)
Vol. 16, No. 37 (September 13, 1901), p. 2100
Published by: Association of Schools of Public Health
Stable URL: http://www.jstor.org/stable/41459103
Page Count: 1
Subjects: Health Policy
Find more content in these subjects: Health Policy
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Public Health Reports (1896-1970)


text:
Well, I see Sen. Robert "Kleagle" Byrd has a book coming out later this month, and the reviewers are already lavishing praise on the old pork-monger. Publisher's Weekly writes: "This volume is a searing criticism, informed by Byrd's knowledge of history, leavened with his vast experience and written with his legendary rhetorical flourish." Amazon.com reviewer John Moe genuflects: "[Byrd's thoughts] are well earned, compellingly expressed, and come from a politician much more experienced than most."
As Sen. Byrd prepares to vault onto the best-seller list and spin his windy tales on Larry King, here's a small reminder of the august senator's unforgettable experience…in the KKK.
Oh, and a taste of that "legendary rhetorical flourish" that you won't read in the New York Times review:
Sen. Byrd, 1947: "[I would] never submit to fight beneath that banner (the American flag) with a Negro by my side. Rather I should die a thousand times, and see old Glory trampled in the dirt never to rise again, than to see this beloved land of ours become degraded by race mongrels, a throwback to the blackest specimen from the wilds."
Sen. Byrd, 2001: "There are white niggers. I've seen a lot of white niggers in my time. I'm going to use that word. We just need to work together to make our country a better country, and I'd just as soon quit talking about it so much."
"Compellingly expressed," indeed.
Schadenfreude overload: Senate Dems lament fact Harry Reid's leaving them powerless to stop Trump nominees
December 6, 2016 11:08 AM by Doug Powers
Altruistic former congressman beseeches Obama-the-Merciful to pardon millions of ex-inmates (including a certain former congressman)
December 1, 2016 07:24 PM by Doug Powers
(Knee)-Jerk of the Week: Tim Kaine was really in a hurry to blame the NRA for attack at Ohio St.
November 29, 2016 11:35 AM by Doug Powers
Obama: Trump happened because 'we're not serious about facts' (See also: 'If you like your plan' and 'video to blame for Benghazi')
November 18, 2016 12:49 PM by Doug Powers
Post-election investment advice: Go long on therapy dog (and cat) providers
November 16, 2016 06:09 AM by Doug Powers
Categories: 2016 Campaign, Democrats, Donald Trump, Hillary Clinton, Politics


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Easter Bunny in Towne
The other day my kid asked me why Santa's cottage at Towne Centre was still up. And I just got the answer in my e-mail: So the Easter Bunny has a place to greet visitors!
That's right kids, the Easter Bunny is stopping (or should I be cheesy and say "hopping"?) by this week, so you can go and say hello and maybe ask him for that little something special for the Easter basket. The bunny will be there from 11 a.m. to 7 p.m. today and Sunday; 3:30 p.m. to 6:30 p.m. Wednesday, Thursday and Friday; and 11 a.m. to 7 p.m. next Saturday, April 11.
The cottage is kind of in the middle of the shopping center, and Towne Centre is at the corner of Park and Otis.


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Listing Courtesy of Berkshire Hathaway Homeservices American Heritage
Listing information
- Beds: 3
- Total Rooms: 7
- Parking Type Description: Attached 2 cars
- Total Square Footage: 1,760 ($135.80 per sq. foot)
- County: Du Page
- Elementary School: Waterbury Elementary School
- Style: Townhouse
- Baths: 3 (Full: 2 3/4: 0 1/2: 1 Other: 0)
- Stories: 2
- New Construction: No
- Estimated Annual Taxes: $6,094
- High School: Lake Park High School
- Subdivision: Pembroke Estates
- Year Built: 1995
- Status: Active with Contingency
- Fireplaces: 1
- Special Considerations: Corporate Relocation
- Association Fee: $230
- Middle School: Spring Wood Middle School
Additional Rooms Eating Area
Age 21-25 Years
Air Conditioning Central Air
Appliances Dishwasher, Disposal, Dryer, Oven/Range, Refrigerator, Washer
Area Keeneyville / Roselle
Assessment Includes Common Insurance, Exterior Maintenance, Lawn Care, Snow Removal
Basement Full
Basement Bathrooms (Y/N) No
Basement Description Unfinished
Bath Amenities Double Sink, Separate Shower
Built Before 1978 (Y/N) No
Contingency Flag Attorney/Inspection
Dining Room Combined w/ LivRm
Disability Access and/or Equipped No
Driveway Asphalt
Electricity Circuit Breakers
Equipment Ceiling Fan, CO Detectors, Sump Pump
Exposure E (East), W (West)
Exterior Building Type Brick, Vinyl Siding
Exterior Property Features Patio, Storms/Screens
Fireplace Details Gas Logs, Gas Starter
Fireplace Location Living Room
Foundation Concrete
Garage Details Garage Door Opener(s), Transmitter(s)
Garage On-Site Yes
Garage Ownership Owned
Garage Type Attached
General Information Commuter Train, Interstate Access, School Bus Service
Heat/Fuel Forced Air, Gas
Interior Property Features 2nd Floor Laundry, Hardwood Floors, Laundry Hook-Up in Unit, Skylight(s), Vaulted/Cathedral Ceilings
Is Parking Included in Price Yes
Kitchen Type Eating Area-Table Space
Lot Description Common Grounds
Management Manager Off-site
Master Association Fee No
Master Bedroom Bath Full
Other Bedrooms (Below Grade) - 0, Max Pet Weight - 999, Model - Stratford, Special Service Area - N, Tax Year - 2015, Total # Units in Building - 4, Total Full/Half Baths - 2.1, Township - Bloomingdale, Unit Floor Level - 1
Ownership Fee Simple w/ HO Assn.
Parking Garage
Pet Information Cats OK, Dogs OK
Pets Allowed (Y/N) Yes
Possession Closing
Property Type Attached Single
Recent Rehab (Y/N) No
Roof Type Asphalt/Glass (Shingles)
Sale Terms Conventional, FHA
Sewer Sewer-Public
Special Assessments N
Tax Exemptions Homeowner
Type Attached Townhouse-2 Story
Virtual Tour None
Water Lake Michigan
Waterfront (Y/N) No
Dining Room Main Level 15X10
Eating Area Main Level 10X9
Kitchen Main Level 11X10
Living Room Main Level 20X10
Bedroom 2 2nd Level 14X11
Bedroom 3 2nd Level 12X10
Master Bedroom 2nd Level 21X12
Listing Courtesy of Berkshire Hathaway Homeservices American Heritage


text:
Milwaukee officials rake state voter system
Flaws in the state voter registration system will increase Milwaukee's costs in managing the 2008 elections, when the presidential race boosts turnout, city officials warned today.
Sue Edman, executive director of the Milwaukee Election Commission, told the Common Council's Steering & Rules Committee that her staff will have to spend extra time and money working around the shortcomings in the state system. She could not immediately estimate how much her staff costs will rise.
The statewide system was supposed to fix many of the problems that cropped up in the 2004 election. But in a rare appearance before the committee, Mayor Tom Barrett said, "I am concerned that the State Voter Registration System will not be functioning ... as it was committed to us, before the 2008 election."
In letters last month and testimony today, city officials said the system was too complicated and could result in the same voter receiving multiple absentee ballots. Barrett said the city's concerns were validated by a state audit this week that said the system won't be ready by the February election to check voting registrations against driving records, death records and criminal records to block vote fraud.
Kevin Kennedy, executive director of the State Elections Board, told aldermen the system is "still a work in progress," but that the absentee ballot functions would work if local elections workers properly followed all instructions. Neal Albrecht, the city election commission's assistant director, retorted that the current process was too time-consuming and labor-intensive.
"We don't have limitless dollars. We don't have limitless manpower," Albrecht said. "It's a pretty significant investment that the state is asking the city to make to compensate for a software flaw."
Some state lawmakers are pushing the soon-to-be-disbanded Elections Board to sue Accenture, the software company that developed the system. Kennedy said litigation would take several years, and he and his staff are trying to resolve the problems faster.
"We have a vendor that didn't give us what we contracted for," Kennedy said. "I won't let that slide."
- Pence addresses criticism of Waukesha rally
- Johnson seeks review of why Orlando gunman was taken off terror watch list
- Rep. Ron Kind draws anti-trade protest at convention
- Pence rally set for Waukesha Expo Center
- Feingold campaign continues robust fundraising
- Bernie Sanders urges Wisconsin delegates to back Clinton, stop Trump
- Live stream: Democratic Convention Day 1
- Feingold praises ruling allowing some people to vote without ID
- Third-party groups launch attacks against Ron Johnson
- Democrats "welcome" Ron Johnson return to Wisconsin
The Wisconsin Voter Blog
The Journal Sentinel's Craig Gilbert explores political trends in a purple state.


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Peter Adamson Quotes
Adamson feels that drug developers are unreasonably concerned about rare events. The reality is children tolerate phase I therapy new agents being tested to find the best dosage and possible side-effects as well as or better than adults, ... Once the initial studies are done that is, phase I trials in adults study should begin in children.
Al-Ghazali is the most important philosophical theologian of classical Islam, and Moderation in Belief is among his most important works. It sets out al-Ghazali's Ash?arite theology with unusual clarity and provides important background for such well-known works as his autobiographical Deliverance from Error and his attack on Avicenna in The Incoherence of the Philosophers. This first English-language translation, with notes that bring out the argumentation and background of the work, is thus very much to be welcomed.
Popular topics
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Peter Adamson
- Born: February 16, 1930
- Died: January 17, 2002
- Occupation: Television actor
- Cite this Page: Citation


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Products/Services for AM Shortwave Receiver
Radio Receiver ICs - (29 companies)...amplitude modulation (AM), a technique that causes the baseband signal to vary the amplitude or height of the carrier wave to create the desired information content. Radio receiver ICs for specific applications such as television, shortwave radio...Show MoreNumber of ReceiversOperating FrequencyData Rate
Radio Transmitter ICs - (20 companies)...to the instantaneous value of the modulating signal. AM radio transmitter ICs are also available. These devices use amplitude modulation (AM), a technique that causes the baseband signal to vary the amplitude or height of the carrier wave to create...Show More
Radios - (397 companies)...consist of a transmitter, receiver, and antenna. They are available in mobile and base configurations. Unlike cellular phones, radios do not require a monthly contract or carry per-call charges. In the United States, two-way radios are regulated...Show More
RF Transmitters - (254 companies)...moment of static on a receiver. This method was used in conjunction with Morse code to send information via pulses. Modern RF transmitters, while quite different, are based on the same principles as the spark gap transmitter. Instead of a spark gap...Show More
Sensor Transmitters - (560 companies)Temperature transmitter (electrical resistance). MIL-PRF-38230 Pressure transmitter (oil; variable reluctance). References. Texas A &M University - Sensor Characteristics. Image credits: Micron Instruments...Show More
Antennas - (1100 companies)...form factors for antennas. External. Antennas that are attached or located externally to the radio transmitter, receiver, transceiver, or waveguide. The unit may be freestanding on the ground or mounted on a mast, tower, portable hand radio...Show More
RF Receivers - (288 companies)...through a narrow set of channels in a sequential, cyclical, and predetermined pattern. Selecting RF Receivers. Selecting RF receivers requires an understanding of modulation methods such as AM and FM. On-off key (OOK), the simplest form of modulation...Show More
RF Amplifiers - (557 companies)RF amplifiers are devices that accept a varying input signal and produce an output signal that varies in the same way, but with larger amplitude.Show More
Telemetry Receivers and Telemetry Transmitters - (406 companies)Telemetry Receivers and Telemetry Transmitters Information. Telemetry receivers and telemetry transmitters are data acquisition components used to gather information from remote locations via wireless communication. Telemetry receivers and telemetry...Show More
Pulser-Receivers - (28 companies)Pulser-receivers generate ultrasonic pulses, which are propagated into materials for NDT testing. Pulser-Receivers Information. Pulser-receivers (also referred to as pulser/receivers) generate ultrasonic pulses, which are propagated into materials...Show More
Product News
G. Bopp USA Inc.
BOPP AM Acoustic Meshes BOPP MESHES - PERFECT PITCH, OPTIMUM PROTECTION. Perfect sound can only be achieved when all elements of an assembly are of the highest quality. Materials science plays an important role in this. Working closely with renowned acoustic specialists, BOPP has developed a range of specialist meshes offering many additional advantages for acoustics applications alongside the highest levels of sound technology. In contrast to products from other manufacturers, BOPP meshes are manufactured exclusively... (read more)Browse Mesh Datasheets for G. Bopp USA Inc.
Nex Flow Air Products Corp.
Introducting The Nex Flow™ Am 125 Air Amplifier The Nex Flow TM Model AM-125 - 8 " outlet Air Amplifier moves a "lot of air ". Equipped with a standard .003 " shim, it produces a flow at the exit 15 times the input of compressed air. Extra shims may be added for even more flow. With the. standard gap, air consumption is 180 SCFM at 80 PSIG. At the outlet it. will produce 15 times or more or 2700 SCFM. At six inches downstream with downstream entrainment you get three times more or 8100 SCFM!. Applications are mainly for cooling and venting... (read more)Browse Compressed Air and Vortex Cooling Tubes Datasheets for Nex Flow Air Products Corp.
Linx Technologies
GM Series GNSS Receiver Module Linx Technologies is pleased to announce its launch of the GM Series Global Navigation Satellite System (GNSS) receiver module to market. The GM Series GNSS receiver moduleis an autonomous, high-performance Global Satellite Navigation System receiver designed for navigation, asset tracking and positioning applications of all kinds. Based on the MediaTek chipset, it can simultaneously acquire and track several satellite constellations. These include the United States GPS system, Europe 's... (read more)Browse RF Receivers Datasheets for Linx Technologies
Linx Technologies
GNNS Receiver-Small, Low Power with High Accuracy TM Series GNSS Receiver Module Combines Small Size and Low Power with High Accuracy. Linx Technologies is pleased to announce its launch of the TM Series Global Navigation Satellite System (GNSS) receiver modules. At a very small size of 10mm x 10mm, the TM Series GNSS receiver moduleis a self-contained, high-performance Global Satellite Navigation System receiver designed for navigation, asset tracking and positioning applications of all kinds. Based on the MediaTek chipset, it can... (read more)Browse RF Modules Datasheets for Linx Technologies
Data Device Corporation (DDC)
A Better Source for ARINC 429 Line Receivers (CAC) Now there is a Better Source for ARINC 429 Line Receivers!. Bohemia, New York (August 2016) Data Device Corporation introduces a new ARINC 429 Line Receiver, in an 8-pin, SOIC (Small Outline Integrated Circuit) package. The DD-48588 Line Receivers translate incoming ARINC 429 data bus signals to a pair of TTL/CMOS outputs and are a direct drop-in replacement for Holt line receivers. The DD-48588 is engineered to provide maximum reliability, with inputs internally protected to lightning... (read more)Browse IC Bus Interfaces and Controllers Datasheets for Data Device Corporation (DDC)
Microwave Photonic Systems, Inc.
26.5 GHz RF Ultra Compact Transmitter & Receiver MPS announces Ultra Compact 26.5 GHz RF Photonic Transmitter and Receiver Design to provide superior wideband performance for high density integration, antenna remoting and signal support applications. The Ultra Compact Transmitter (UCT) & Ultra Compact Receiver (UCR) form factor offers design engineers and systems integrators a miniaturized package for incorporation into RF Photonic transport subsystems when Size, Weight and Power (SWaP) is a critical systems engineering design requirement... (read more)Browse Fiber Optic Transmitters Datasheets for Microwave Photonic Systems, Inc.
Four-Channel Wireless 915 MHz Receiver 5TEUTE's Series RF Rx SW914 4S 24VDC Wireless Receiver features four independent channels, each capable of receiving signals from up to ten different STEUTE 915 MHz wireless transmitters (switches and/or sensors). Each channel is equipped with a NO relay contact capable of controlling electrical loads up to 3A at 24 VDC/250 VAC. Programmable relay action. Unit has FCC, IC and cCSAus Certification. Features: Standard DIN rail mounting. Bidirectional communications with transmitters. Transmits... (read more)Browse RF Receivers Datasheets for steute
Honeywell Safety and Productivity Solutions
Limitless™ WDRR Series Din-Rail Receiver Honeywell's Limitless TM WDRR Series is a reliable din-rail or panel-mountable receiver that is designed to receive a wireless signal from a Limitless TM digital input. The WDRR then communicates the Limitless TM digital input status (i.e. switch open or closed) to a PLC (programmable logic controller) or any controller capable of NPN/PNP-type inputs.Honeywell 's wireless solutions can save up to 60% compared to traditional wired solutions by eliminating the need for conduit, connectors... (read more)Browse Limit Switches Datasheets for Honeywell Safety and Productivity Solutions
Linx Technologies
FM Global Positioning System (GPS) Receiver Module Linx Technologies announces its launch of the self-contained, high-performance FM Global Positioning System (GPS) receiver modules. At just 15 mm by 13 mm in size, the MediaTek MT3339-based FM Series gives the module fast lock times and high position accuracy even at low signal levels.Its very low power consumption helps maximize runtimes in battery powered applications, such as positioning and navigation, location tracking, marine, and asset management. Using the built-in MediaTek MT3339... (read more)Browse GPS Chips and Modules Datasheets for Linx Technologies
TT Semiconductor, Inc.
TT1200 Series InGenius Balanced Line Receivers Transformer-like Performance. 90 dB CMRR Under Real World Conditions. 3 Gain Choices: 0, -3, -6 dB. Wide Bandwidth. High Slew Rate. Low Distortion & Noise (read more)Browse Line Drivers Datasheets for TT Semiconductor, Inc.
Secrets of RF Circuit Design , Third Edition > Interpreting radio receiver specifications
Consider the case where the main mode for a high-frequency (HF) shortwave receiver is AM (for international broadcasting), and the sensitivity is 1.9 μV for 10 dB SNR, and the bandwidth is 5 kHz.
Acousto-optic spectroscopy as a tool for noninvasive determination of chemical compounds in blood: a feasibility study
Because the output of the S-meter of the shortwave receiver is highly nonlinear to the antenna input the response was calibrated using known µV sources.
MOSFET-C filter, with low excess noise and accurate automatic tuning
The application of this filter as an output filter of a synchronous detector for an AM shortwave upconversion receiver [2], [3] requires a fifth-order But- tenvorth low-pass filter with a 3.3-kHz cutoff frequency, having a dynamic range of …
Development of an integrated am shortwave upconversion receiver front-end :: TU Delft Institutional Repository
Development of an integrated am shortwave upconversion receiver front-end .
How physiotherapy generates problems
Audio equipment and telephones have proved to be good shortwave receivers emitting sound at the modulation frequency (repetition frequency of the pulses).
FM radio receiver front-end circuitry with on-chip SAW filters
AM shortwave upconversion receiver front-end", Ph.D. very 1ongQlO mm).
Radio broadcasting
Nearly 600 million shortwave radio receivers are in use worldwide.
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The result of simulating shows that the designed shortwave DFH receiver is effectively.
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Anyone who cares to build an ultra- shortwave receiver can be fairly sure of collecting useful information.
The Design and Implementation of Shortwave DFH Communication Receiver Based on FPGA
The result of simulating shows that the designed shortwave DFH receiver is effectively.


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› the last part of an internet address that belongs to a British university or college
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Nicki Minaj releases a lot of videos. Today, she's joined by Cassie (remember "Me & U"?) in the video for "The Boys," a quick romp heavy on primary covers, bikinis, thongs and kick drums.
The track is actually interesting because it vacillates from rap song to some version of a downtempo singer-songwriter tune. The video dances through moods in a similar fashion, assaulting the viewer with doses of Minaj's frenetic, craven Barbie personality, Cassie's street-chic stunting and both of them gazing longingly into the camera. There are also a few mild hints at something sapphic, with Minaj dancing around Cassie seductively. Also, some guys are dead at the end.
So it goes. Peep the visuals above. More Nicki below.
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"India represents a $250 billion retail market, growing 7.2 percent a year, but modern retailing is just starting to emerge This shows us that India is a huge organic growth opportunity for Wal-Mart."
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The Perfect Italian Honeymoon – Venice, Florence & Rome
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The perfect blend of romance, culture and history can be seen on this Italian honeymoon. Visit Venice aka the "city of love", Florence a city steeped in culture and discover the ancient history of Rome.
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December 23, 2008
WILBUR PITTMAN, PLAINTIFF,v.LINDA B. QUNNE, DEFENDANT.
Plaintiff is a prisoner without counsel suing for alleged civil rights violations. See 42 U.S.C. § 1983.
A civil action, other than one based on diversity jurisdiction, must be brought in "(1) a judicial district where any defendant resides, if all defendants reside in the same State, (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated, or (3) a judicial district in which any defendant may be found, if there is no district in which the action may otherwise be brought." 28 U.S.C. § 1391(b).
Here, it appears that the defendant is located in San Diego, California and the claim arose in San Diego, California which is in the Southern District of California. 28 U.S.C. § 84(d).
Therefore, in the interest of justice, this action is transferred to the United States District Court for the Southern District of California. See 28 U.S.C. § 1404(a); Starnes v. McGuire, 512 F.2d 918, 932 (D.C. Cir. 1974).
So ordered.
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United States District Court, District of Columbia
January 8, 2013
Nardyne JEFFERIES, Plaintiff,v.DISTRICT OF COLUMBIA, et al., Defendants.
Page 43
John F. Mercer, Mercer Law Associates, PLLC, Washington, DC, for Plaintiff.
Steven J. Anderson, Denise J. Baker, Office of Attorney General for DC, William Mark Nebeker, U.S. Attorney's Office, Clifford E. Pulliam, DC Housing Authority, Washington, DC, for Defendants.
ROYCE C. LAMBERTH, Chief Judge.
This case arises out of the tragic March 30, 2010 death of sixteen-year-old Brishell Tashé Jones. The " theft" of a five-dollar piece of costume jewelry set off a chain of senseless retaliatory violence, eventually taking the lives of five teenagers. After attending the funeral of another young homicide victim, Ms. Jones congregated with a group of mourners on South Capitol Street. Orlando Carter and his crew— seeking revenge for an earlier assault— indiscriminately fired into the crowd from a rented minivan. Ms. Jones died from a gunshot wound to the head.[1]
Plaintiff Nardyne Jefferies is the mother of Ms. Jones, and the personal representative and executor of her estate. She has sought to hold a wide array of government agencies and private actors responsible for the death of her daughter. Among those parties is Romanian National Company ROMARM S.A. (" ROMARM" ), which the Complaint alleges is " the manufacturer and exporter of the AK-47 assault rifle used in the retaliatory drive-by murder of Brishell Jones." Compl. ¶ 30. The plaintiff alleges, " ROMARM had a duty to act, and either negligently or intentionally failed to act, or acted in a manner that created and/or increased the danger that put Brishell Jones directly in harm's way on March 30, 2010." Id.
The law is very clear: The Protection of Lawful Commerce in Arms Act (" PLCAA" ) explicitly bars this kind of suit. 15 U.S.C.A. §§ 7901-03 (West 2013). This Act prohibits suits against firearms manufacturers and dealers for injuries " resulting from the criminal or unlawful misuse of" a firearm " by the person or a third party." Id. § 7903. Since the controlling law unambiguously bars plaintiff's claims
Page 44
against ROMARM, a sua sponte dismissal is appropriate. The Court will dismiss all plaintiff's claims against ROMARM with prejudice.
The Federal Rules of Civil Procedure require that a complaint contain " ' a short and plain statement of the claim showing that the pleader is entitled to relief,' in order to ' give the defendant fair notice of what the ... claim is and the grounds upon which it rests.' " Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007) (quoting Conley v. Gibson, 355 U.S. 41, 47, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957)). Under Rule 12(b)(6), a court may dismiss a cause of action or case for failing to state a claim upon which relief may be granted.
Typically, a court considers whether to dismiss a claim after the defendant files a motion to dismiss. " Complaints may also be dismissed, sua sponte if need be, under Rule 12(b)(6) whenever ' the plaintiff cannot possibly win relief.' " Best v. Kelly, 39 F.3d 328, 331 (D.C.Cir.1994) (quoting Baker v. Director, United States Parole Comm'n, 916 F.2d 725, 726 (D.C.Cir.1990)).[2] In this District, " Courts may dismiss the action sua sponte under Rule 12(b)(6) as ' [n]either the Federal Rules of Civil Procedure nor any federal statute expressly prohibits sua sponte dismissals for failure to state a claim' nor does any decision of the Supreme Court." Maynard v. District of Columbia, 579 F.Supp.2d 137, 142 (D.D.C.2008) (quoting Baker, 916 F.2d at 725, 726 & n. 2).
The court may dismiss a claim with prejudice when amending the complaint would be futile. See Firestone v. Firestone, 76 F.3d 1205, 1209 (D.C.Cir.1996) (dismissal with prejudice appropriate when " the allegation of other facts consistent with the challenged pleading could not possibly cure the deficiency" ) (internal quotation marks omitted) (emphasis omitted); Carty v. Author Solutions, Inc., 789 F.Supp.2d 131, 135-36 (D.D.C.2011) (dismissal with prejudice appropriate when permitting amendment would be futile because " amended complaint would suffer from the same flaw as the original complaint" ).
It is clear that no " set of facts consistent with the allegations," Twombly, 550 U.S. at 563, 127 S.Ct. 1955, could entitle plaintiff to any relief from ROMARM. The Complaint alleges that Ms. Jones' killers used a ROMARM-manufactured assault rifle during the drive by. Compl. ¶¶ 16, 47. The Complaint alleges that Ms. Jones' death was the direct and/or indirect result of the " negligence and/or incompetence by private gun manufacturer(s) (including ROMARM)." Id. ¶ 62. It alleges that " ROMARM had a duty to act, and either negligently or intentionally failed to act, or acted in a manner that created and/or increased the danger that put Brishell Jones directly in harm's way on March 30, 2010." Id. ¶ 30.
Prior to the passage of the federal Protection of Lawful Commerce in Arms Act, the District of Columbia had passed
Page 45
the Assault Weapons Manufacturing Strict Liability Act (" SLA" ). D.C. CODE ¶¶ 7-2551 (2001). The SLA provided that:
Any manufacturer, importer, or dealer of an assault weapon or machine gun shall be held strictly liable in tort, without regard to fault or proof of defect, for all direct and consequential damages that arise from bodily injury or death if the bodily injury or death proximately results from the discharge of the assault weapon or machine gun in the District of Columbia.
Id. § 7-2551.02. The SLA could have authorized an action against ROMARM. However, in 2006 Congress passed the PLCAA, which stated that firearms manufacturers, distributors, marketers and dealers " should not[ ] be liable for the harm caused by those who criminally or unlawfully misuse firearm products." 15 U.S.C.A. § 7901(a)(5). The purpose of the PLCAA is to " prohibit causes of action against manufacturers, distributors, dealers, and importers of firearms or ammunition products ... for the harm solely caused by the criminal or unlawful misuse of firearm products or ammunition products by others when the product functioned as designed and intended." Id. § 7901(b)(1).
Specifically, the PLCAA states, " A qualified civil liability action may not be brought in any Federal or State court" and " [a] qualified civil liability action that is pending on October 26, 2005, shall be immediately dismissed by the court in which the action was brought or is currently pending." Id. § 7902. The statute defines " qualified civil liability action" as " a civil action ... brought by any person against a manufacturer or seller of [a firearm] [3] ... for damages, injunctive or declaratory relief, abatement, restitution, fines, or penalties, or other relief, resulting from the criminal or unlawful misuse of [a firearm] by the person or a third party." Id. § 7903(6)(A). The PLCAA makes exceptions, inter alia, for negligent entrustment, breach of contract or warranty, and damages resulting directly from a defect or design or manufacture of the product (except where discharge of the product was caused by a volitional act that constituted a criminal offense). Id. §§ 7903(5)(A)(i)-(vi).
The District of Columbia Court of Appeals and the United States District Court for the District of Columbia have considered the effect and constitutionality of the PLCAA, as it relates to the SLA. The District of Columbia Court of Appeals held that SLA suits against assault weapon manufacturers do not fall under any exception to the PLCAA. District of Columbia v. Beretta U.S.A. Corp. ( Beretta V ), 940 A.2d 163, 170-71 (D.C.2008), cert. denied
__ U.S. __, 129 S.Ct. 1579, 173 L.Ed.2d 675 (2009). The Court held that the PLCAA barred suit against a gun manufacturer for injuries caused by the private, criminal use of its guns. Id. The United States District Court for the District of Columbia held that it was " bound by the D.C. Court of Appeals' interpretation of the SLA" in Beretta V, and agreed that the SLA does not create any exception to the PLCAA. Estate of Charlot v. Bushmaster Firearms, Inc., 628 F.Supp.2d 174, 181 (D.D.C.2009). The Court then held that the PLCAA " preempts and displaces conflicting state law." Id. at 184. The Court also upheld the constitutionality of the PLCAA against separation of powers challenges:
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The Court rejects plaintiffs' argument that the PLCAA imposes an impermissible rule of decision upon the courts.... [T]he PLCAA does not directly interfere with judicial fact-finding. The PLCAA identifies particular types of claims that are not permissible and leaves it to the courts to apply those standards in the cases before them. The statute permits the courts to determine whether the cases before them ... are covered by the PLCAA.
Id. at 184 (internal citations omitted).
The PLCAA unequivocally bars plaintiff's claims against ROMARM. Plaintiff claims that Ms. Jones' killers used a ROMARM-manufactured assault rifle in the fatal shooting. Compl. ¶ 47. Plaintiff makes a blanket assertion that ROMARM's negligence directly and/or indirectly contributed to Ms. Jones' death, and that ROMARM owed a duty of care to Ms. Jones. Compl. ¶¶ 30, 62. However, no plausible reading of the facts could state a claim against ROMARM. It is uncontroverted that a third party discharged the assault rifle, during the commission of a criminal act. See Compl. ¶¶ 40-49; see also Keith L. Alexander, Theresa Vargas & Paul Duggan, D.C. jury convicts 5 of murder in attacks, WASH. POSTT, May 8, 2012, at A14 (Ms. Jones' killers convicted of murder). The PLCAA explicitly and clearly prohibits this kind of suit. It is settled law that the SLA does not create any exception to the PLCAA, and this Court is bound to accept the District of Columbia Court of Appeals' interpretation of the SLA. See Beretta V, 940 A.2d at 170-71; Charlot, 628 F.Supp.2d at 181. The suit commenced after the effective date of the PLCAA; in any event, the PLCAA retroactively applies to all actions then pending. See Compl.; 15 U.S.C.A. § 7902(b).
The Court cannot construe the allegations— or draw any plausible inferences from the allegations— in a way that would put this case under any of the exceptions of the PLCAA. See 15 U.S.C.A. §§ 7903(5)(A)(i)-(vi) (list of exceptions). The only exception that comes close is the one that allows " an action for death, physical injuries or property damage resulting directly from a defect in design or manufacture of the product, when used as intended or in a reasonably foreseeable manner." Id. § 7903(A)(v). However, this exception does not apply " where the discharge of the product was caused by a volitional act that constituted a criminal offense." Id. None of the exceptions to the PLCAA can plausibly apply in this case.
The Court finds that the law here is so clear that it is appropriate to dismiss the claims against ROMARM sua sponte, and with prejudice. Plaintiff originally filed this action in the Superior Court of the District of Columbia. See Compl. Upon motion by the District of Columbia, this Court removed the action to the United States District Court or the District of Columbia. See Notice of Removal of Action, June 23, 2011, ECF No. 1. It is unclear from the file transferred from Superior Court whether plaintiff effectively served process on ROMARM. See Receipt of Original File, June 24, 2011, ECF No. 3. However— in the interests of judicial economy and justice— the Court resolves the issues on the merits, since it is plain from the Complaint that plaintiff cannot maintain a cause of action against ROMARM. In this case, " it is ' patently obvious' that the plaintiff cannot prevail on the facts alleged in the complaint." Perry v. Discover Bank, 514 F.Supp.2d 94, 95 (D.D.C.2007) (quoting Baker, 916 F.2d at 726-27). Allowing plaintiff to amend the Complaint or submit proof of service would
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be futile when the established law plainly prohibits this kind of suit. See, e.g., Carty, 789 F.Supp.2d at 135-36 (dismissal with prejudice appropriate when amended complaint would suffer from same defects).
The Court also finds that sua sponte dismissal is in line with the purposes of the PLCAA. Congress took a hard line against civil suits against gun manufacturers, stating:
The possibility of imposing liability on an entire industry for harm that is solely caused by others is an abuse of the legal system, erodes public confidence in our Nation's laws, threatens the diminution of a basic constitutional right and civil liberty.... The possible sustaining of these actions by a maverick judicial officer or petit jury would expand civil liability in a manner never contemplated by the framers of the Constitution, by Congress, or by the legislatures of the several States. Such an expansion of liability would constitute a deprivation of the rights, privileges, and immunities guaranteed to a citizen of the United States under the Fourteenth Amendment to the United States Constitution.... [Such liability actions] attempt to use the judicial branch to circumvent the Legislative branch of government to regulate interstate and foreign commerce through judgments and judicial decrees thereby threatening the Separation of Powers doctrine and weakening and undermining important principles of federalism, State sovereignty and comity between the sister States.
15 U.S.C.A. §§ 7901(a)(6)-(8). The Congress intended to " prevent the use of such lawsuits to impose unreasonable burdens on interstate and foreign commerce." Id. § 7901(b)(4). Congress was not only concerned about the effect of civil liability on gun manufacturers, but also the improper use of the judiciary to circumvent legislative judgments. This suggests that when it is clear that the PLCAA bars an action, sua sponte dismissal may be appropriate to promote judicial integrity and separation of powers interests. Furthermore, the PLCAA ordered the immediate dismissal of any action pending as of the effective date of the Act. Id. § 7902(b). This suggests that Congress intended courts to weed out, expeditiously, claims the PLCAA bars.
Plaintiff wants to sue ROMARM because it manufactured the assault rifle used in her daughter's murder. Congress, through the Protection of Lawful Commerce in Arms Act, has explicitly and unequivocally prohibited this kind of suit. The Court finds that under no " set of facts consistent with the complaint," Twombly, 550 U.S. at 563, 127 S.Ct. 1955, can the plaintiff " possibly win relief," Baker, 916 F.2d at 726. Therefore, it finds that a sua sponte dismissal of all claims against ROMARM is appropriate.
After consideration of the Complaint, all documents incorporated therein, the entire record, and the applicable law, the Court hereby
ORDERS that all plaintiff's claims against Romanian National Company ROMARM S.A. are DISMISSED WITH PREJUDICE; it further
ORDERS that all plaintiff's claims against ROMARM General Manager Vasile Marius Crisan, whether in his individual or official capacity, are DISMISSED WITH PREJUDICE.
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Massachusetts Senator Elizabeth Warren, in an open letter to U.S. president-elect Donald J. Trump, takes aim at the new administration's transition team, packed with corporate insiders and lobbyists.
In her letter, Warren said if Trump intends to keep his promise to voters to "drain the swamp" and rid it of "powerful special interests" that "rigged" the political and economic systems against the average American, he needs to start by reevaluating his own transition team. Although Trump promised he would not be a puppet to lobbyists or special interests or donors – something that struck a cord with many voters – he has since elevated to his team a number of industry insiders, special interest lobbyists, wealthy investors and Wall Street bankers. Several more are reported to be on the short list of possible cabinet members.
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Murphy's Law for the Farm:
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Today the hay shed gate fell off in the wind. I had it open to get the evening hay out, and then poof! It was torn off the hinge and on the ground.
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Subcategory: Silage Handling
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The Irondale Maroon U15 baseball team put together a championship season this summer. A four-game winning streak to end the season gave the team a record of 11-4-1 and vaulted them into first place in the North Star Baseball League.
Following his team's loss to DeLaSalle last week, Irondale High School football head coach Ben Fuller took a few minutes to reassure some of his players who were taking the defeat extra hard.
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The 2015 high school football schedule was already so different, what with the season starting two weeks earlier than normal because of stadium availability for the Prep Bowl. Then weather threw in another twist for week-one games on Saturday.
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District scheduling showed up just in time for the Irondale High School football team. After going 0-9 in their first year in the Northwest Suburban Conference, the Knights move to the Suburban District and a more balanced schedule this fall.
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