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Author Topic: Why doesn't a teabag cause the water level to rise? (Read 2157 times)
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Zhao Jianhua
- As Beijing-Manila ties warm, China may give Filipino fishermen access to South China Sea fishing areaThe Japan Times
- South China Sea dispute: China may give Filipino fishermen access to ScarboroughSydney Morning Herald
- Duterte's diplomatic dance in China: How hard a pivot away from US?csmonitor.com
- Duterte in China: Conciliator-in-chief?BBCPacific Ocean
- Foreign Policy Shift? Philippines' Duterte Heads to China Amid Tensions With USSputnik (EN)South China Sea
- China: Beijing courts Philippines leader Duterte amid signs of US riftThe Guardian
- Philippines-China solution on Scarborough Shoal possible, envoy saysThe Japan TimesThe Hague
- Duterte snubs Washington, looks forward to historic China visitRT.com EnglishManila
- The Philippine pivot: Duterte readies huge business delegation for Beijing visitThe Japan TimesPalawan Island
- Philippines President Duterte again tells Obama to "go to hell"Denver PostManila
- Duterte to raise sea feud ruling against Chinese wishessanluisobispo.comLaos
- China seeks info on Chinese drug suspects in Philippinesseattletimes.comManila
- Philippines willing to share South China Sea, says governmentThe Japan Times
- 'Philippines ready to share South China Sea'PressTVUnited States
- SPhilippine government indicates it would be willing to share South China Sea resources with Beijingscmp.com
- SA bilateral approach will get the Philippines nowhere in its South China Sea dispute with Chinascmp.com
- Chinese harassment of Philippine fishermen in disputed South China Sea easesThe Japan TimesWashington
- Filipino outlines presidency plansnwaonline.comIsrael
Frequent names
Newstral's extraction of names of people and organisations from the world's news is completely automated. If you do not want your name to appear here, please contact us. We will be happy to look at your request.

subset: commoncrawl


text:
Deemo Level 6 - 98 Tips and Strategies
- App name: Deemo
- Developer: Rayark International
- Genre: Adventure
- Release: Nov 13, 2013
If you are stuck on Deemo level 6 - 98 you came to the right place. Below you will find a video walkthrough and some written tips that will guide you through that level. Have fun and enjoy this great game.
Level 6 - 98 Walkthrough
This page contains Deemo video walkthroughs for iOS (iPhone/iPad) called "canciones - platinum (hard 89% / full combo)" and has been uploaded on Admin official channel at Jun 3, 2015.
Still need help with this level? Here you can ask questions and discuss with other Deemo users.
Hit like if this helped you!
Stuck on some levels in Deemo? This walkthrough can help you finish the game.


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List all words starting with sinopie
Only the word sinopie was found, nothing longer.
Some random words: chablis voodoo ufological thack ngultrum if criollo
This is not a dictionary, it's a word game wordfinder.
- Help and FAQ - Examples - Home
Privacy and Cookies Policy - Share - © Copyright 2004-2016 Morewords.com - 6.142mS


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Your list is empty.
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Hire Violinists in Sherwood, AR
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Complete the form below to receive FREE no-obligation quotes from Violinists in Sherwood, AR.
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1 Nanny Found
Cheyanne W.
Experienced part-time nanny
- Age 20
- Less than a mile (Idabel, OK)
I am an Oklahoma native moving to the Kailua, Honolulu County, Hawaii area in August for a year. I am looking to babysit/nanny for a wonderful family while I am there! I am studying Elementary... More
Last signed in: Within five months
- 7 years paid experience
- Will care for up to 3 children
- Has own transportation
- Has a driver's license
- Will provide homework help
- References are available
- Available part-time
- Has special needs experience
Enhanced Background Check not run.
Enhanced Background Check(Not Run)
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Motor Vehicle Records Check(Not Run)


text:
available in PLUS SIZES
available in extended sizes
- roll over image to zoom
Carved Ovals Earrings
Silver Earrings(ID: A60449)
Created by Heather Guidero
Two Modernist inspired cutout ovals are carved from wax and cast into silver, then attached to form a movable sculpture for the ear that has posts and backs. Each oval is oxidized and abraded for a unique weathered finish.
other artwork you may like


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"I chose Curry because I really enjoyed the campus feel, I felt safe there. I also looked at the students and I saw me. I felt like I could relate to them. I felt comfortable and that was really important-just fitting in."
Alicia (Viscomi) Williams '09
Owner/President, Aliste' Internet Marketing, Inc.
Recent News
- Curry Duo Recognized as Massachusetts Nurse of the Year Finalists
- Student's Advocacy Earns Her a Trip to the White House
- Psychology Faculty, Alumni, Student Present Research at NEPA Conference
- More News >
Upcoming Events
- Alumni Art and Design Exhibit: Here & Back
October 22 - December 9
- Curry Theatre Presents: Green Day's 'American Idiot'
December 7 - December 10
- Free Workshop for Guidance Counselors and Educational Consultants: Helping Students with Learning Disabilities, ADHD, and/or Executive Function Difficulties Navigate the College Search
January 27
- More Events >
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- Curry College - Home /
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- Krista Selnau '09 Receives Prestigious Equal Justice Fellowship
Krista Selnau '09 Receives Prestigious Equal Justice Fellowship
September 16, 2013
Krista Selnau '09, Politics and History/English, was recently awarded one of 57 law postgraduate Equal Justice Works Fellowships for the 2013-2015 fellowship term. In the fall of 2013, she started her Fellowship at Legal Aid of Arkansas' Medical-Legal Partnership at Arkansas Children's Hospital in Little Rock, Arkansas, with a focus on the Hematology/Oncology clinic.
The project is designed to identify the special needs facing children and their families in the Hematology/Oncology clinic by developing targeted screening protocols through the use of focus groups and data collection. She will address the underlying social determinants of health and will directly represent patient-clients in cases such as housing, special education and SSI/SSDI. This Equal Justice Works Fellowship is sponsored by Akin Gump Strauss Hauer & Feld and Walmart.
Says Selnau, "Equal Justice Works Fellowships afford recent law graduates the opportunity to develop their dream job in the form of a public interest law two-year Fellowship project. I am honored and thrilled to have been chosen!"
After graduating from Curry College, Selnau graduated with a Juris Doctor degree from Suffolk University Law School in May 2012 and was sworn in as an attorney in Arkansas in May of 2013.


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BlondeinBrisvegas (22-06-2016),Blossom74 (22-06-2016),Charlie74 (22-06-2016),faithandhopellove (22-06-2016),MissDa (22-06-2016),tuxcat (22-06-2016),winsor (22-06-2016)
BlondeinBrisvegas (22-06-2016),Blossom74 (22-06-2016),faithandhopellove (22-06-2016),winsor (22-06-2016)
Haha ive got a good hubbie most of the time we met in london aa backpackers many years ago.
BlondeinBrisvegas (22-06-2016),Blossom74 (22-06-2016),winsor (22-06-2016)
BlondeinBrisvegas (22-06-2016),Blossom74 (22-06-2016),faithandhopellove (22-06-2016),winsor (22-06-2016)
Fair enough Luv
Just make sure to keep your legs closed for as long as possible if you're going to test this arvo (a good 4 hours) and don't be drinking massive amounts of fluids either is my advice!!!
Our POAS Queen Herself @Blossom74 knows all about bladder control and afternoon testing!!!
BlondeinBrisvegas (22-06-2016),Blossom74 (22-06-2016),Tahli (22-06-2016),tuxcat (22-06-2016),winsor (22-06-2016)
Ha ha when I met DP he was pretty much still living with his mum, his bedroom is still a shrine to him!
Not that I am, as I'm sooooo not interested in men at the moment (and I have no doubt I exude that vibe whenever I pass one single or otherwise!!) . Been there and done the "grow to love them" thing where I've compromised on the physical/sexual chemistry and it made me miserable in the end so if I ever get into another relationship (and I really can't see that happening any time soon in the foreseeable future) I won't be compromising on that again...just saying!!!
As for meeting them organically??? Of course it's still possible!! Though I think it doesn't hurt to cast your net a bit wider so perhaps casting an eye over a few of the more decent and legitimate dating sites (do any actually exist or are they all just fruck fests these days??) wouldn't hurt matters
Or you can just hang around the airport and go on random flights in/out of Aus!!! Never know who you might get a seat next to!!!!!
Blossom74 (22-06-2016),faithandhopellove (22-06-2016),Tahli (22-06-2016),tuxcat (22-06-2016),winsor (22-06-2016)
Blossom74 (22-06-2016),faithandhopellove (22-06-2016),MissDa (22-06-2016),winsor (22-06-2016)
Pregnant for the first-time?
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text:
Home › Forums › Gear Forums › Make Your Own Gear › cheap fabric on a budget
Feb 19, 2008 at 12:21 pm #1227371
Kyle PurcellMember
@dufus934Locale: North Texas
Just throwing this out there, what is the cheapist waterproof fabric, breathable is a must also. I am looking to make a varity of things from this fabric (backpack, hammock, jacket, tent, or anything else I deam important). Thanks and sorry this is vague, I'm just looking for opinions.Feb 19, 2008 at 5:57 pm #1421190
Tim MarshallBPL Member
@marshlaw303Locale: Minnesota
why would you want a breathable pack?
I have found breathable stuff at Joann's. It looks and feels like the 1.1oz I've used. I've made wind shirts and quilts with it and like it very much. Both times i got it for $2/yd (my scale isn't accurate enough to check if it is actually 1.1oz yd2)
I've heard of people finding silnylon at Walmart for $1/yd, i was not so lucky but i did find some 1.1oz with some type of treatment on it for $1/yd, it's not breathable and is waterproof, though not siliconized so i don't trust it for a tarp, but plan to use it for a pack.
If price is the biggest factor for you you're stuck scrounging the Walmarts and Joann's of this world. Check Noah Lamport for the best prices (under $3/yd) on 2nd silnylonFeb 20, 2008 at 2:12 am #1421210
Jan RezacBPL Member
@zkoumalLocale: Prague, CZ
In some gear you mentioned, I think it would be much better to use just waterproof fabrics, especially if it should be cheap.
My first concern is durability of the fabrics, for example in a pack. I don't have good experience with cheap WP/B fabrics (nylon with hydrophilic PU membrane, what is probably the only option that can be found cheap). For examples, trousers made of such a fabrics started to leak at knees almost immediately. On the other hand, a more expensive fabrics may work much better. I have made a pair of socks out of 2.5 layer goretex paclite and they still work fine after a year of occasional use. I can hardly imagine stressing the fabrics more than using it for socks.
Secondly, the WP/B fabrics doesn't work just in one direction. It simply transfer water from the side with higher potential to the other one. In clothing, it is usually warmer inside, and this gradient helps to transfer the moisture out. If you put dry gear in a WP/B backpack and subject it to wet conditions, the humidity gradient will slowly (very slowly) transport the water into your pack. I'd prefer just waterproof fabrics here.
To conclude, it would be much better to use appropriate material for each piece of gear, WP/B is not universal solution to everything.Feb 20, 2008 at 10:30 am #1421265
Kyle PurcellMember
@dufus934Locale: North Texas
I realize that the question might have been a little vague and dumb in parts (a breathable pack), but what I was wondering is if there was a fabric that I could just buy in bulk that would suffice for all of these applications.Feb 20, 2008 at 10:48 am #1421267
peter kvammeMember
@karacolorLocale: midwest
Silnylon is probably the best cheap waterproof fabric, although it is not breathable. Most applications do not need to be breathable–backpack, hammock, tent, etc.
Noah Lamport has the best prices I have seen for silnylon 2nds for under $3 a yard with a 10 yard minimum.Feb 20, 2008 at 1:20 pm #1421287
Vick HinesMember
@vickrhinesLocale: Central Texas
Ripstop nylon from Walmart or anywhere else you can find it for $2 per yard is OK for items that must breathe. These fabrics will weigh close to 1.6 ounces per yard. Very occasionally Walmart will have 1.1 ounce ripstop. The only way to tell is to take good scales to the store and weigh it then divide the weight by the width x length. A calculator helps. JoAnne usually carries germent grade 1.6 ounce Nylon 6 instead of parachute grade Nylon 66. Nylon 6 is about half the strength of Nylon 66.
You COULD make a pack out of breathable fabric, but it would need a waterproof cover. For packs, tarps and other items better made from waterproof fabric, careful shopping for silnylon seconds can turn up prices under $6 per yard for 1.35 oz. fabric.
If you really want to have waterproof and breathable fabric, the only low cost option is Tyvek HomeWrap. It's a very good product, great for tarps.Feb 20, 2008 at 1:54 pm #1421297
Tim MarshallBPL Member
@marshlaw303Locale: Minnesota
You said hammocks don't have to be breathable. I disagree, i am a horrible night sweater and would not like to wake up in my own personal swimming pool every night with a waterproof hammock fabric. I think others would experience discomfort as well, just maybe not as much water (sweat) in theirs as i would haveFeb 24, 2008 at 3:38 pm #1421880
peter kvammeMember
@karacolorLocale: midwest
Sorry, disregard anything I may have said about hammocks. I dont have any experience with them, and inadvertently added it to my list of things that wouldnt require breathability.
Thanks Tim for catching my error.
You must be logged in to reply to this topic.


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Optimus Prime Vector
Robots and science fiction vector graphics of Optimus Prime. Robotic head of the leader of the Autobots, sensors and plates in different colors and shapes. Free vector for robots, Transformers, sci-fi franchises, toys and movies visuals. Optimus Prime head for your T-shirt prints.
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Maine opted for a federally facilitated health insurance exchange when the Affordable Care Act began its first open enrollment period. The state remains among the 19 states that, to this date, have held out on Medicaid expansion under the ACA.
Have these decisions impacted Maine's public health and access to healthcare? A look at Maine's performance in national rankings, health insurance enrollment numbers, and state legislation will offer insight on the health insurance landscape in The Pine Tree State.
Maine health ratings
Maine ranked 11th in overall health on the 2015 Scorecard on State Health System Performance. The scorecard, compiled by The Commonwealth Fund, compares the states and the District of Columbia on health-related measures. Categories include Access, Prevention & Treatment, Avoidable Hospital Use & Cost, Healthy Lives, and Equity.
Maine ranked 16th in Access, performing better than the national average in number of uninsured adults, adults who went without care due to cost in the past year, at-risk adults without a routine doctor visit in the past two years, and adults without a dental visit in the past year. The state ranked 1st for Prevention & Treatment, with higher than average percentages of adults and children with a usual source of care and a medical home, adults and children with preventive care visits, and children who received key vaccines.
See Maine's scorecard for additional details on its ranking.
The 2015 edition of America's Health Rankings also provides state-by-state health rankings. Maine ranked 15th, an improvement from 20th in the 2014 edition. Again, high childhood immunization and uninsured rates were among the state's strongest-performing health measures. The number of primary care physicians and disparity in health status also contributed to Maine's ranking. Maine's public health funding and number of dentists negatively impacted its ranking.
Yet another resource for public health information is the 2015 edition of Trust for America's Health. You will find scores on various health measures for Maine and the other states.
Finally, the Robert Wood Johnson Foundation and the Population Health Institute at the University of Wisconsin have created a tool with county-level health rankings for Maine.
Is Obamacare affecting the uninsured rate in Maine?
Following the national trend, the uninsured rate in Maine dropped after the ACA's individual mandate went into effect.
In 2013, Maine's uninsured rate was 16.1 percent according to Gallup. The rate dropped 4.5 percentage points to 11.6 percent by the end of 2014. Nationally, the uninsured rate dropped 3.5 percentage points from 17.3 percent to 13.8 percent.
By mid-2015, Maine's uninsured rate dropped another 6.7 percentage points to 9.4 percent, still better than the national uninsured rate of 11.7 percent and better than the 13.4 percent uninsured rate among other states that have not embraced the ACA (i.e., those that have not implemented a state-run marketplace or expanded Medicaid, or have only implemented one of those measures).
2017 health insurance plans and rates
Maine's individual health insurance market includes five carriers; three of them will offer on-exchange plans for 2017. They include the following:
- Anthem
- Community Health Options
- Harvard Pilgrim HMOs
Currently, the exchange's overall weighted average rate increase is 20.6 percent; however, proposed rates have yet to be approved.
In addition to the three carriers listed above, these two carriers will offer individual plans outside of Maine's exchange: Harvard Pilgrim PPO and Aetna. Aetna was set to offer on-exchange plans in Maine for 2016, but announced in August that it would no longer participate.
Maine enrollment in qualified health plans
More than 44,000 Maine residents signed up for qualified health plans (QHPs) during the ACA's initial open enrollment period. That figure translates to about 36 percent of the estimated eligible market in Maine, more than the national average of 28 percent.
Exchange enrollment reached 84,059 people during 2016 open enrollment. By March 31, effectuated enrollment reached 75,240 and nearly 85 percent were receiving premium subsidies. Maine's 2016 effectuated enrollment was 12.5 percent higher than the previous year.
Maine and the Affordable Care Act
When Congress voted on the Affordable Care Act in 2010, Maine's senators voted against the measures, while its two representatives voted for it. Sen. Olympia Snowe retired in 2013, and Sen. Angus King now represents Maine. King is generally supportive of the Affordable Care Act. Sen. Susan and Rep. Chellie Pingree remain in office. Rep. Michael Michaud, a Democrat, left office and was succeeded by Rep. Bruce Poliquin, a Republican, in 2015.
In both 2011 and 2012, the Maine legislature considered bills to establish a state-run health insurance marketplace. However, the bills were not passed. Gov. Paul LePage, a Republican, announced in late 2012 that Maine would default to the federally facilitated exchange.
LePage is firmly opposed to the ACA. In addition to opposing a state-run marketplace, he repeatedly vetoed legislation to expand Medicaid. LePage faced current U.S. Rep. Michael Michaud, a Democrat, and independent Eliot Culter in the November 2014 gubernatorial election. Both Michaud and Cutler supported Medicaid expansion. LePage was re-elected, ending hopes that the state might move ahead with expansion under a new governor.
Maine Medicaid Expansion
According to the Kaiser Family Foundation, 38,000 Mainers are excluded from Medicaid given the state's decision against expanding the federal-state health insurance program for low-income residents. Kaiser also estimates that 24,000 people are in the coverage gap, meaning they don't qualify for Maine's Medicaid program or for premium subsidies to help offset the cost of purchasing a QHP policy through the marketplace.
Without Medicaid expansion in Maine, non-disabled adults without dependent children are not eligible for coverage. Parents of dependent children qualify for Medicaid if their household income is less than 105 percent of the federal poverty level – about $20,500 for a family of three.
During the ACA's 2016 open enrollment period, about 5,414 Maine residents qualified for Medicaid or the Children's Health Insurance Program (CHIP) based on the state's existing eligibility criteria.
Visit the MaineCare website for information about Maine's Medicaid programs.
Other ACA reform provisions
The Consumer Operated and Oriented Plan (CO-OP) Program was included in the Affordable Care Act to increase competition and consumer choice. Twenty-four CO-OPs, including Maine Community Health Options, received loans totaling $2.09 billion as of January 2014. Maine Community Health Options received about $64 million.
As of September 15, 2016, all but six Obamacare CO-OPs had announced their closure. Maine's CO-OP, which has been renamed Maine and New Hampshire Community Health Options, was not among them. However, enrollment in CHO's individual plans is currently frozen. The plan has requested an average rate increase of 22.8 percent for 2017.
In an HHS report published in July 2015, Community Health Options was the only CO-OP with a positive net income in 2014. That was not the case in 2015.
The carrier ended 2015 with $74 million in losses, and Maine's Insurance Superintendent proposed putting the CO-OP in receivership and cancelling a portion of its plans. CMS did not allow this action to be taken.
CHO has fared better in 2016. Claims were lower than expected, administrative costs were reduced, and the CO-OP did not have to draw down as much from reserves as anticipated.
Medicare in the state of Maine
Maine Medicare enrollment reached 306,420 in 2015, about 23 percent of the state's total population. Nationwide, 17 percent of the population is enrolled in Medicare.
Maine's Medicare enrollees have traditionally been about 80 percent individuals who qualify based on age alone and 20 percent who qualify as the result of disability. Maine spends about $7,678 annually per enrollee and ranks 38th in total spending on Medicare with $2.3 billion per year.
Maine's Medicare recipients can choose a Medicare Advantage plan instead of Original Medicare. These plans offer some additional benefits beyond traditional Medicare, and about 22 percent of Maine Medicare beneficiaries choose Medicare Advantage compared with 32 percent nationwide. Fifty percent of Medicare beneficiaries in Maine have a Medicare Part D plan for stand-alone prescription drug coverage. Nationwide, 45 percent of Medicare enrollees have Part D.
State-based health reform legislation


text:
Gerry Shaw / CC BY SA 3.0
A Root Cause Of Schizophrenia May Have Finally Been Found
For the first time, scientists have pinpointed a single gene that can shape a person's risk of developing schizophrenia.By Steven Sparkman | January 27, 2016
Scientists at the Broad Institute say they're finally cracking open the root causes of schizophrenia.
Until now, the biology behind the disease has been hard to pin down.
Earlier research had shown that the brain cells of people with schizophrenia have fewer connections than the brain cells of people without the disease. (Video via Salk Institute for Biological Studies)
Article Continues Below


text:
Electrical Ovens
|Page 1 of 1 | Total 8 contacts in this category
Action India Home Product Pvt Ltd
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Export Import Consortium
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Gajanan Engineering
Manufacturers & Designers Of All Kinds Of Industrial Ovens & Tray Dryers,flux Drying ,electrode Drying, Powder Coating,teflon Coating,teflon Moulding,grinding Wheel Oven, We Also Design Ovens As Per Customers Requirement & DimensionsAddress: Government Industrial Estate, hindustan Naka, m.g. Road, kandivali (west), Mumbai, Maharashtra-400067, India Contact: Viral Panchal (Engineer)
Mobile: 9867703409
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Red Line Industries Limited
One Of India's Leading Manufacturers And Exporters Of The Full Range Of Powder Coating Application Equipments And Systems - Powder Coating Equipments, Powder Guns, Powder Booths, Ovens, Etc. Users Spread All Over The World In More Than 30 CountriesAddress: 232 Kaliandas Udyog Bhavan, Behind Century Bhavan, Mumbai, Maharashtra-400025, India Contact: Himanshu Shah (Director)
Tel: 022-24324737 / 24324787
Fax: 022-66466936
Website: Www.redlineltd.com
Send Business InquiryEdit Download as vCard
S. Heatwell
Manufacturing Of Coil Heaters/manifould Heaters/tubuler Heaters/aluminium Casted Heaters/pencil Heaters/band Heaters/thermocouples/Address: V-142, m.i.d.c., V-142, m.i.d.c., Kalgaon, Maharashtra-425003, India Contact: Samir Sane (Propriator)
Mobile: 2572272273
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Shenzhen Jmt Glass Co. ,ltd
We Hold The Biggest Coating Production Line For Coating Glass In China. Our Products Including Anti-reflective Glass,anti-glare Glass,ar+ito Glass For Touch Panel. Tempered Glass,silk-printed Glass. We Are Providing All Glass Solutions.Address: No.23 Shihua Avenue West, xiangshuihe Development Area, daya Bay, Huizhou, Guangdong-516083, China Contact: Ben Fu
Tel: 86-13684947233
Fax: 86-752-5199613
Website: Www.jmtglass.com
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Sparr Electronics Limited
Sparr Electronics Ltd.,(sel), Is A Company Based In Bangalore, India, Engaged In The Development And Manufacture Of Need Based Innovative Products In The Field Of Electronics & Telecommunication. Sel Was Founded In 1991 To Create New Technologies For The Expanding Data Communications And Networking Market In India. As Part Of Its Expansion Plans The Company Is Trying To Forge Strategic Relationships With Companies Abroad In Order To Expand The Range Of Available Products In This Growing Market.Address: 43, Yms Complex Hmt Main Road, Mathikere Bangalore - 560054, India, Custom Built Electronic Products And Projects In The Aras Of Embedded Systems And Networking, Automation, And Control. Remote Data Acquisition, Control And Display Over The Cloud. Weather Monitoring, Climate, Monitoring, Reporting Etc., Bangalore, Karnataka-560054, India Contact: Mr. Mohandas (Md)
Tel: 918023602836
Fax: 918023608346
Website: Http://www.sparrl.com
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Supreme Industrial Heaters
Industrial Heaters, Electrical OvensAddress: No. 19 1st Street Ganapathy Nagar, (near Ganesh Mosaic), Ekkattuthangal, Chennai, Tamil Nadu-600097, India Tel: 044-22317797
Fax: 044-22317860
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|Page 1 of 1 | Total 8 contacts in this category
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6th Target, The
Little, Brown, May 8, 2007 - Fiction - 416 pages
When a horrifying attack leaves one of the four members of the Women's Murder Club struggling for her life, the others fight to keep a madman behind bars before anyone else is hurt. And Lindsay Boxer and her new partner in the San Francisco police department run flat-out to stop a series of kidnappings that has electrified the city: children are being plucked off the streets together with their nannies-- but the kidnappers aren't demanding ransom. Amid uncertainty and rising panic, Lindsay juggles the possibility of a new love with an unsolvable investigation, and the knowledge that one member of the club could be on the brink of death. And just when everything appears momentarily under control, the case takes a terrifying turn, putting an entire city in lethal danger. Lindsay must make a choice she never dreamed she'd face--with no certainty that either outcome has more than a prayer of success.
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the girls at their bestUser Review - bakerbabe - Overstock.com
whether or not you have read previous books about the womens murderclub youll love this onetwists turns in their careers..love lives as well as their own safety make this a real page turnereasy to read and follow ..itll make a james patterson fan out of you Read full review
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I am an avid reader of James Patterson books, this was a brilliant read and up to the usual high standard of this author Read full review
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June 30, 2011
SANOFI-AVENTIS DEUTSCHLANDGMBH, AVENTIS PHARMA S.A.,ABBOTT GMBH & CO. KG ANDABBOTT LABORATORIES PLAINTIFF,v.GLENMARK PHARMACEUTICALSINC., USA AND GLENMARKPHARMACEUTICALS LTD, DEFENDANTS.
This matter comes before the Court upon motion by Defendants Glenmark Pharmaceuticals, Inc., USA and Glenmark Pharmaceuticals, Ltd. (collectively, "Defendants") to dismiss Abbott Laboratories ("Abbott Laboratories") and Abbott Laboratories, Inc. ("ALI") (collectively, "Plaintiffs") pursuant to Fed. R. Civ. P. 12(b)(1). Defendants also move for summary judgment pursuant to Fed. R. Civ. P. 56 that Abbott GmBH & Co. KG, Abbott Laboratories, and ALI are not entitled to lost profits. Pursuant to Fed. R. Civ. P. 78, no oral argument was heard. After considering the submissions of all parties, it is the decision of this Court for the reasons herein expressed that Defendants' motions are denied.
I. BACKGROUND*fn1
The '244 patent, titled "Combination of Angiotensin-Converting Enzyme Inhibitors with Calcium Antagonists as well as their Use in Drugs[,]" issued on February 24, 1998, with a filing date of June 7, 1995 and a foreign application priority date of October 2, 1986. The '244 patent discloses and claims a "pharmaceutical composition" used to treat hypertension. The pharmaceutical composition contains an angiotensin-converting enzyme inhibitor ("ACE inhibitor") having certain bicyclic or tricyclic ring systems and a calcium antagonist (also known as a calcium channel blocker or "CCB") in "amounts effective for treating hypertension."
The '244 patent issued on February 24, 1998 to inventors Reinhard Becker, et al. The patent was initially assigned to Hoechst Aktiengesellschaft who subsequently assigned ownership rights to Aventis Pharma Deutschland GmbH, renamed Sanofi-Aventis Deutschland GmbH. Aventis Pharma S.A. was granted an exclusive license to manufacture, use and sell pharmaceutical products containing trandolapril and verapamil hydrochloride. Aventis Pharma S.A. granted Abbott Germany an exclusive license to manufacture, use and sell pharmaceutical products containing trandolapril and verapamil hydrochloride. Abbott Germany in turn granted Abbott Laboratories an exclusive license to manufacture, use and sell pharmaceutical products containing trandolapril and verapamil hydrochloride. Abbott Laboratories granted ALI an exclusive sublicense to use and sell pharmaceutical products containing trandolapril and verapamil.
Abbott Laboratories is the owner of the New Drug Application ("NDA") No. 20-591. Pursuant to the NDA approval, Abbott Laboratories, through ALI, sells drug products containing the trandolapril/verapamil hydrochloride combination in the United States under the trademark Tarka®.
The '244 patent is listed in FDA publication titled "Approved Drug Products with Therapeutic Equivalence Evaluation" ("Orange Book") as being applicable to Abbott Laboratories' aforementioned NDA for its Tarka® tablets.
On July 24, 2007, Glenmark filed an Abbreviated New Drug Application ("ANDA") No. 79-135 with the FDA for approval to market a generic version of the drug Tarka®. On October 24, 2007, Glenmark notified Plaintiffs that it had made a "Paragraph IV"certification asserting that the '244 patent is invalid. On December 7, 2007, consistent with the provisions of the Hatch-Waxman Act, Plaintiffs initiated suit before this Court against Defendants for patent infringement.
1. Standard of Review for Motion to Dismiss Pursuant to Rule 12(b)(1) Standing is a threshold requirement in any federal lawsuit, and the party must have standing at the time it brings the suit. Sicom Sys., Ltd. V. Agilent Techs., Inc., 427 F.3d 971, 975-76 (Fed. Cir. 2005). "The party bringing the action bears the burden of establishing that it has standing." Id. at 976. The district court must accept the complaint's allegations as true and "'general factual allegations of injury resulting from the defendant's conduct may suffice, for on a motion to dismiss [it is] presume[d] that general allegations embrace those specific facts that are necessary to support the claim.'" Wiav Solutions LLC v. Motorola, Inc., 631 F.3d 1257, 1264 (Fed. Cir. Dec. 22, 2010) (quoting Lujan v. Defenders of Wildlife, 504 U.S. 555, 561 (1992)). However, "consideration of a Rule 12(b)(1) jurisdiction-type motion need not be limited; conflicting written and oral evidence may be considered and a court may 'decide for itself the factual issues which determine jurisdiction.'" Id. (citing Williamson v. Tucker, 645 F.2d 404, 413 (5th Cir.) Cert. denied, 454 U.S. 897 (1981)). "When resolving a factual challenge, the court may consult materials outside the pleadings, and the burden of proving jurisdiction rests with the plaintiff." Med. Soc'y of N.J. v. Herr, 191 F. Supp. 2d 574, 578 (D.N.J. 2002) (citing Gould Elecs. Inc. v. U.S., 220 F.3d 169, 176, 178 (3d Cir. 2000)).
2. Standing in a Patent Case
"[T]he touchstone of constitutional standing in a patent infringement suit is whether a party can establish that it has an exclusionary right in a patent that, if violated by another, would cause the party holding the exclusionary right to suffer legal injury." Wiav Solutions, 631 F.3d at 1265. "Only a patent owner or an exclusive licensee can have constitutional standing to bring an infringement suit; a non-exclusive licensee does not." Mars, Inc. v. Coin Acceptors, Inc., 527 F.3d 1359, 1367 -1368 (Fed. Cir. 2008).
"To be an exclusive licensee for standing purposes, a party must have received, not only the right to practice the invention within a given territory, but also the patentee's express or implied promise that others shall be excluded from practicing the invention within that territory as well." Rite-Hite Corp. V. Kelley Co., Inc., 56 F.3d 1538,1552 (Fed. Cir. 1995)(emphasis added). Since exclusive licenses can be implied, "an exclusive license need not be in writing for the exclusive licensee to have standing to sue with the patentee as a co-plaintiff." Aspex Eyewear, Inc. v. Altair Eyewear, Inc., 288 Fed. Appx. 697, 705 (Fed. Cir. 2008) (emphasis added).
"The proprietary rights granted by any patent are the rights to exclude others from making, using or selling the invention in the United States." Ortho Pharm. Corp. v. Genetics Institute, Inc., 52 F.3d 1026, 1031-32 (Fed. Cir. 1995). An exclusive license "transfer[s] some of those proprietary rights from the patentee to its licensee... [and] makes the licensee a beneficial owner of some identifiable part of the patentee's bundle of rights to exclude others." Id. "[A] licensee is an exclusive licensee of a patent if it holds any of the exclusionary rights that accompany a patent." Wiav Solutions, 631 F.3d at 1266 (emphasis added); see also Amgen, Inc. V. Chugai Pharm. Co., 808 F. Supp. 894, 900 (D. Mass. 1992) (citing Weinar v. Rollform, Inc., 744 F.2d 797 (Fed. Cir. 1984)) ("A licensee can be deemed exclusive where the license pertains to less than all three of the rights granted under the patent, such as where the licensee has obtained only the exclusive right to sell the patented invention."). "[I]t is the licensee's beneficial ownership of a right to prevent others from making, using or selling the patented technology that provides the foundation for co-plaintiff standing, not simply that the word 'exclusive' may or may not appear in the license." Id. at 1032 (emphasis added).
"If the party has not received an express or implied promise of exclusivity under the patent, i.e., the right to exclude others from making, using, or selling the patented invention, the party has a 'bare license,' and has received only the patentee's promise that that party will not be sued for infringement." Rite-Hite, 56 F.3d at 1552; see also Mars, Inc., 527 F.3d at 1368 ("By the same token, if the patentee allows others to practice the patent in the licensee's territory, then the licensee is not an exclusive licensee."). "The grant of a bare license to sell an invention in a specified territory, even if it is the only license granted by the patentee, does not provide standing without the grant of a right to exclude others." Rite-Hite, 56 F.3d at 1552; see also Sicom, 427 F.3d at 976 ("A nonexclusive license confers no constitutional standing on the licensee to bring suit or even to join a suit with the patentee because a nonexclusive licensee suffers no legal injury from infringement.").
Defendants argue that Abbott Laboratories and ALI lack standing because they are not the exclusive licensees of the patent in suit.
In support of their argument, Defendants largely rely on the lack of any documentary evidence explicitly stating Abbott Laboratories and ALI were the exclusive licensees of the '244 Patent. However, by over emphasizing the lack of documentary evidence evincing an exclusive licensee agreement between Abbott Germany and Abbott Laboratories and ALI, Defendants ignore the fact that exclusive licenses can be implied. This Court agrees with Defendants that the promise of an exclusive license cannot be implied merely based on corporate structure. As Defendants correctly point out, "the fact that a corporate party is affiliated with or in a parent-subsidiary relationship with the patent owner or exclusive licensee is not sufficient to confer standing." This Court agrees with Defendants that if the only evidence supporting Plaintiffs' claim of an implied exclusive license was the corporate relationships among the Abbott entities, then Plaintiffs' claim would necessarily fail. However, here, Plaintiffs have provided sufficient evidence for this Court to conclude that Plaintiffs are exclusive licensees, and therefore this Court finds Plaintiffs have standing.
Plaintiffs argue that they have an implied exclusive license because they have the exclusive right to market and sell the patented product in the United States.*fn2 Plaintiffs trace the exclusive license to 2001 when Abbott Germany acquired Knoll, a German pharmaceutical company, and through that acquisition acquired the exclusive rights to develop, register, formulate and sell trandolapril-verapamil combinations in the United States. Abbott Germany then designated Abbott Laboratories as the sole owner of the New Drug Application ("NDA"),*fn3 which made Abbott Laboratories the sole owner of the right to sell the trandolapril-verapamil combination in the United States. Abbott Laboratories' exclusive rights include all of Abbott Germany's field of use, namely trandolapril-verapamil combinations, but are limited to the rights to market and sell. ALI became a sublicensee based on the distributor agreements between Abbott Laboratories and ALI, which provided ALI with the exclusive right to sell trandoloprilverapamil combinations on behalf of Abbott Laboratories in the United States. These rights were continued in the 2004 Agreement, wherein Abbott Germany acquired an exclusive license to the '244 Patent. Based on the 2004 Agreement, Abbott Germany had the exclusive license to manufacture, use, and sell TARKA, and was able to sublicense those rights. The 2004 Agreement did not extinguish the pre-existing rights of Abbott Laboratories and ALI with regard to their exclusive rights to sell TARKA in the United States.
Although these agreements do not explicitly state "Abbott Laboratories and ALI are exclusive licensees of the '244 patent," no such explicit written agreement is required to confer an exclusive license. When the 2001 acquisition of the NDA, th exclusive distributor agreement, and the 2004 agreement are considered together, they indicate intent of the parties to provide Abbott Labs and ALI with an exclusive license.
Based on the foregoing, this Court finds that Plaintiffs were an exclusive licensee because it had the right to market and sell the patented product in the United States to the exclusion of others. As discussed above, the exclusive license need not be in writing and can be implied. Here, the promise was implied. Through the implied promise, Plaintiffs did not receive a "bare license," but rather became the "beneficial owner[s] of some identifiable part of the patentee's bundle of rights to exclude others," namely the right to exclude others from marketing and selling the patented product in the United States. As exclusive licensees, Plaintiffs suffer injury from infringement and therefore have standing in this suit. Accordingly, Defendants motion to dismiss for lack of standing is denied.
Summary judgment is granted only if all probative materials of record, viewed with all inferences in favor of the non-moving party, demonstrate that there is no genuine issue of material fact and that the movant is entitled to judgment as a matter of law. See FED. R. CIV. P. 56(c); Celotex Corp. v. Catrett, 477 U.S. 317, 330 (1986). "A party seeking summary judgment always bears the initial responsibility of informing the district court of the basis for its motion." See Celotex Corp., 477 U.S. at 323. "This burden has two distinct components: an initial burden of production, which shifts to the nonmoving party if satisfied by the moving party; and an ultimate burden of persuasion, which always remains on the moving party." Id. at 330.
"In determining whether there are any issues of material fact, the Court must resolve all doubts as to the existence of a material fact against the moving party and draw all reasonable inferences - including issues of credibility - in favor of the nonmoving party." Newsome v. Admin. Office of the Courts of the State of N.J., 103 F. Supp.2d 807, 815 (D.N.J. 2000), aff'd, 51 Fed. Appx. 76 (3d Cir. 2002) (citing Watts v. Univ. of Del., 622 F.2d 47, 50 (D.N.J. 1980)).
While a court must draw reasonable inferences, the non-moving party "may not rest upon the mere allegations or denials of his pleading" to satisfy this burden, but must produce sufficient evidence to support a jury verdict in his favor. See FED. R. CIV. P. 56(e); see also Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586 (1986). "The mere existence of a scintilla of evidence in support of the [non-moving party]'s position will be insufficient; there must be evidence on which the jury could reasonably find for the [non-movant]." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 252 (1986). Additionally, "unsupported allegations in memorandum and pleadings are insufficient to repel summary judgment." Schoch v. First Fid. Bancorporation, 912 F.2d 654, 657 (3d Cir. 1990). Likewise, conclusory allegations are insufficient to establish genuine issues of fact. Lujan v. Nat'l Wildlife Fed'n, 497 U.S. 871, 902 (1990). The non-moving party "must do more than simply show that there is some metaphysical doubt as to the material facts." Matsushita Elec. Indus. Co., 475 U.S. at 586.
Defendants argue that Plaintiffs should not be allowed to argue for lost profits based on a payment between co-Plaintiffs Sanofi Aventis and Abbott. Under the 2004 Licensing Agreement ("Agreement") for manufacturing rights to the patent, Abbott paid $290 million in up front payments to Aventis. Of that amount, approximately $150 was credited to exclusive license to the patent-in-suit. The Agreement provided for a price reduction from the up front payments based on the date a generic product enters the market place. Since the price reduction for 2010 is greater than the estimated lost profit damages, Defendants argue the payment from Aventis to Abbott offsets any lost profit damages suffered by Plaintiffs.
The instant argument was also the subject of one of Plaintiffs' motions in limine (motion in limine #4) wherein Plaintiffs sought to exclude any testimony relating to the payment between Aventis and Abbott. This Court agreed with Plaintiffs that under the collateral source rule the payment between the Plaintiffs did not offset any damages from lost profits. Accordingly, this Court granted Plaintiffs' motion in limine to exclude any testimony related to the payment. Given that this Court previously determined that the payment could not offset the lost profits damages, Defendants argument that Plaintiffs cannot recover lost profits as a matter of law must necessarily fail. Accordingly, Defendants' motion for summary judgment must be denied.
For the foregoing reasons, Defendants' motions are denied.
Dennis M. Cavanaugh
Dennis M. Cavanaugh, U.S.D.J.
cc: All Counsel of Record Hon. J. A. Dickson, U.S.M.J.
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Pea & soya bean salad with fresh dill
Nutrition and extra info
- Vegetarian
- Dairy-free
Nutrition: per serving
- kcal96
- fat6g
- saturates1g
- carbs6g
- sugars2g
- fibre2g
- protein5g
- salt0.06g
- 200g each frozen pea and soya beans
- small handful dill, leaves chopped, plus extra sprigs to serve
For the dressing
- 1½ tbsp oil
- 1 tbsp sherry vinegar
- 1 tsp wholegrain mustard
- 1 tsp clear honey
Cook the peas and soya beans in boiling salted water for 3-4 mins until just tender. Drain, then run under cold water until completely cooled.
Meanwhile, make the dressing. Mix all the ingredients together, season, then stir until well combined. Toss the beans and peas in the dressing with the chopped dill and scatter over the sprigs to serve.
Give this dish a Thai twist by adding ½ tsp each grated fresh root ginger and lime zest to the dressing, and swapping the dill for mint.
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Remember that Android 4.3 update that started rolling out to the AT&T Galaxy S4 last week? Well, you can stop waiting for it and hitting the update button every 10 minutes – there's been a little hiccup.Read More
Remember when everyone was pissed off that the Verizon version of the Galaxy Nexus couldn't use Google Wallet because of "security concerns"? ISIS Mobile Wallet, the alternative carrier-sponsored NFC payment system (and the reason that last sentence was equipped with sarcastic quote marks) is finally available, just two years after Google Wallet was coincidentally blocked by the carriers that are pushing ISIS. Nice work there, fellas.
ISIS has been in a beta testing mode in limited markets for just over a year - the necessary Android apps have been available on the Google Play Store since then.Read More
So far Samsung has been right on the money when it comes to the much-anticipated Android 4.3 update for its major phones. Today customers with the AT&T model of the Galaxy S4 are getting the last version of Jelly Bean, according to this (very long) thread on XDA. It looks like the update file started going out to customers a few hours after midnight, so technically Samsung is a day late - then again, the schedule was leaked, so it's hard to hold that against them.Read More
Update: Welcome back to Android Police. And now, here's an AT&T representative with a report on the recent Galaxy Note 3 software update.
A software update for the Samsung Galaxy Note 3 was made available for AT&T customers today. It provides general performance improvements.
Thanks, AT&T.
AT&T's Galaxy Note 3 is barely out of the starting gate and it's already got an OTA update, probably fixing a few issues discovered as the Samsung phone was disseminated to a few hundred thousand users.Read More
The LG G Flex, a device that can survive a thousand mild scratches, is apparently destined for American shores after all. While it was first thought to be exclusive to Europe and Asia, noted leaker of phone-related business, @evleaks has said the phone is headed to AT&T, Sprint, And T-Mobile. In fact, he used the word "confirmed."
Read More
LG G Flex confirmed for AT&T, Sprint, and T-Mobile.
— @evleaks (@evleaks) November 13, 2013
Remember when people used to tape point-and-shoot cameras to their Nokia candybar phones and jokingly call it a "camera phone?" If you'd like to see the modern incarnation of that bad joke, you can but it on AT&T starting today. The Galaxy S4 Zoom, a mid-range smartphone with an admittedly decent point-and-shoot camera strapped to the back, is now available for purchase.
You can pick one up for $199.99 on-contract, or $529.99 if you want it free and clear.Read More
The Moto X got a price drop on all American carriers late last month, bringing the on-contract price down to $100 for all American carriers (though you can find it cheaper at some retailers). It looks like Motorola is following suit with the unlockable developer versions of the phone, which are sold directly from the manufacturer and without subsidy. Previously the Developer Editions were $649.99, but you can now pick one up for $549.99.Read More
AT&T is continuing to push its LTE network into more places as it races to catch Verizon, which got a head start in the LTE era. Today Ma Bell has announced 14 new markets with 4G LTE access. Is your town among them? Only one way to find out.
Here are the new markets direct from AT&T:
The Galaxy S4 Zoom is what you get if you hold a Galaxy S4 in one hand, a digital camera in the other, and slam them together. Samsung unveiled the device early in the summer, and while it didn't take long to arrive in other areas of the world, it's only just now coming to the US. Come November 8th, AT&T will become the first camera to offer the Galaxy S4 Zoom on this side of the pond.Read More
The LG G2 is barely out of the starting gate, but there have already been some impressive discounts on the flagship device. This weekend Amazon beats them all, at least if you're a prospective Verizon customer. Amazon Wireless is offering the G2 for a single penny if you sign a new contract or add a line to your account. If you're due for an upgrade, you can get it for $99.99 - not bad at all.Read More


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- Product Details
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September 10, 2010
UNITED STATES OF AMERICA, PLAINTIFF,v.SALVADOR HERNANDEZ-ESTRADA, DEFENDANT.
Defendant Hernandez-Estrada has filed a motion to dismiss the indictment due to invalid deportation [Doc. 21]. For the following reasons, the Court DENIES the motion.
1. Defendant's Criminal History
Defendant has several criminal convictions in California. In February 1996 he was convicted of a felony violation of California Health and Safety Code § 11351.5, possession of cocaine base for sale, and his sentence was suspended on the condition that he serve 181 days in jail and 3 years probation. (Opp. Br., Ex. 1, at 1.) In May 2001, he was convicted of a felony violation of California Health and Safety Code § 11360, transportation of marijuana, and his sentence was again suspended on the condition that he serve 180 days in jail and 3 years probation. (Opp. Br., Ex. 2, at 7.) His probation was later revoked and in April 2006 he was sentenced to 365 days in jail. (See id. at 8.) In May 2006, he was convicted of a misdemeanor violation of California Vehicle Code § 23152(b), driving under the influence, and sentenced to 160 days in jail and 4 years probation. (Opp. Br., Ex. 3, at 14.) He was then convicted of a misdemeanor violation of California Vehicle Code § 14601.2(a), driving with a suspended license, and sentenced to 90 days jail. (See id. at 2.) Finally, in November 2008 he was convicted of a felony violation of California Penal Code § 417(b), exhibiting a loaded firearm, and sentenced to two years prison. (Opp. Br., Ex. 4, at 14.)
2. Defendant's Immigration History
On October 8, 2009, an immigration judge ("IJ") ordered Defendant to be deported to Mexico. At Defendant's deportation hearing, the IJ considered Defendant's eligibility for voluntary departure. (Def.'s Suppl. Exs. at 18.) In considering voluntary departure, the IJ said he would "weigh all the good against all the bad." After asking questions about Defendant's family and property in the United States, the IJ noted Defendant's conviction under § 417(b) of the California Penal Code. Defendant admitted to being convicted in November 2008 under that statute. (Id. at 17--19.) The conviction, according to the IJ, was an aggravated felony and a crime of violence. The IJ said, "I find that code section is categorically a crime of violence under section 16b of title 18 U.S. Code, so I must deny [voluntary departure]. You do not have to accept my decision." Defendant affirmed that he understood that he had the right to appeal but declined to do so. Defendant also said he understood that by not appealing, he would never be able to appeal. (Id. at 19.)
Defendant was then removed to Mexico. On December 9, 2009, the Border Patrol found Defendant in the United States near the Mexican border. Defendant has been charged with being found in the United States after removal in violation of 8 U.S.C. § 1326.
A defendant charged with a violation of 8 U.S.C. § 1326 has a Fifth Amendment right to collaterally attack his removal order because the removal order serves as a predicate element of his conviction. United States v. Ubaldo-Figueroa, 364 F.3d 1042, 1047--48 (9th Cir. 2004). To sustain a collateral attack under Section 1326(d) a defendant must show that (1) he exhausted all administrative remedies available to him to appeal his removal order; (2) the underlying removal proceedings at which the order was issued improperly deprived him of the opportunity for judicial review; and (3) entry of the order was fundamentally unfair. Id. at 1048. "An underlying removal order is fundamentally unfair if (1) a defendant's due process rights were violated by defects in his underlying deportation proceeding, and (2) he suffered prejudice as a result of the defects." Id. (quoting United States v. Zarate-Martinez, 133 F.3d 1194, 1197 (9th Cir. 1998), cert. denied, 252 U.S. 849 (1998)). A defendant bears the burden of showing that he was prejudiced. United States v. Leon-Leon, 35 F.3d 1428, 1431 (9th Cir. 1994; United States v. Gonzalez-Valerio, 342 F.3d 1051, 1056 (9th Cir. 2003).
1. Defendant Has Not Exhausted His Administrative Remedies
One of the requirements for collaterally attacking a removal order is that the defendant has exhausted his administrative remedies by appealing the order. United States v. Villaviciencio-Burruel, 608 F.3d 556, 559 (9th Cir. 2010) (citing 8 U.S.C. § 1326(d)(1)). A defendant who validly waives his right to appeal the removal order is barred from collaterally attacking it. United States v. Ubaldo-Figuerora, 364 F.3d 1042, 1048 (9th Cir. 2004). But if the waiver was not "considered and intelligent," then the waiver does not comport with due process and is invalid. Id. In order for a waiver to be considered and intelligent, the IJ must "expressly and personally inform the alien that he has the right to appeal." See id. at 1049.
In Ubaldo-Figuerora, which Defendant cites, the Ninth Circuit held that the defendant's waiver was not considered and intelligent because the IJ in that case "failed to inform [the defendant] that he had the right to appeal his removal order." Id. Although the IJ mentioned in English the right to appeal to the defendant's lawyer, it was not translated into Spanish for the defendant's benefit. The waiver was therefore invalid because the "IJ failed to ensure that [the defendant] knew that he had the right to appeal." Id.
The situation here was very different. The IJ explicitly told Defendant he had the right to appeal the removal order. After considering Defendant for voluntary departure and finding him ineligible because of a past conviction, the following exchange occurred:
IJ: You do not have to accept my decision. Do you understand that if you do not appeal, you can never appeal?
Defendant: Yes.
IJ: Now that you know my thinking ( )*fn1 do you want to appeal?
Defendant: No.
IJ: Do you understand that if you did appeal ( ) . . .
IJ: Now, do you want to appeal?
IJ: Then I find you waived.
It is unclear what more the IJ should have done to inform Defendant of his right to appeal. The IJ told him that he did not have to accept the IJ's decision. And Defendant confirmed that he understood if he did not appeal then that he was forever waiving his right to do so. This is not a case where the IJ failed "to so inform the alien [of his or her eligibility for relief from removal]." Ubaldo-Figueroa, 364 F.3d at 1050 (bracketed text in original). Instead, here the IJ explicitly considered Defendant's possibility of voluntary departure and found that he was ineligible. He then told Defendant he had a right to appeal, which Defendant waived.
In supplemental briefing, Defendant cites authority holding that a "waiver cannot have been valid if the record contains an inference that he was eligible for relief, but the IJ misadvised him to the contrary." United States v. Leon-Paz, 340 F.3d 1003, 1005 (9th Cir. 2003); see also United States v. Pallares-Galan, 359 F.3d 1088, 1096 (9th Cir. 2004). But those cases are distinguishable. First, the IJ here said to Defendant, "You do not have to accept my decision," and then asked him several times if he wanted to appeal. He also expressly considered Defendant's eligibility for voluntary departure before deciding that he was ineligible. But most importantly, the IJ was right. Defendant, as discussed below, was ineligible for voluntary departure and therefore his waiver was considered and intelligent, and he failed to exhaust his administrative remedies.
2. Entry of the Deportation Order Was Not Fundamentally Unfair
Defendant must also show that the deportation order was fundamentally unfair. See id. at § 1326(d)(3); Ubaldo-Figueroa, 364 F.3d at 1048. A deportation order is fundamentally unfair if (1) defects in the proceeding violated the defendant's due-process rights and (2) he suffered prejudice as a result of the defects. Id. To show prejudice, a defendant "must only show that he had a 'plausible' ground for relief from deportation." Id. at 1050. As discussed above, the Court finds that there was no due process violation. Still, the Court considers whether Defendant was prejudiced and whether he had a plausible ground for relief.
Defendant argues that he was eligible for relief from deportation in the form of voluntary departure. To be eligible for voluntary departure, an alien must show he is "not deportable under section 1227(a)(2)(A)(iii) or section 1227(a)(4)(B) [relating to terrorist activities] of this title." 8 U.S.C. § 1229c(a)(1). Section 1227(a)(2)(A)(iii) states that "[a]ny alien who is convicted of an aggravated felony at any time after admission is deportable" (emphasis added). Although Defendant concedes for the sake of this motion only that he was convicted of an aggravated felony, he argues that he was not convicted of an aggravated felony after admission because he was never admitted to the United States. He came to this country illegally.
The United States argues that the statute should be construed to incorporate only the "aggravated felony" portion of § 1227(a)(2)(A)(iii), and make voluntary departure unavailable to all aliens who have been convicted of an aggravated felony, regardless of whether they were admitted lawfully. In support of this argument, the United States cites United States v. Hernandez-Vermudez, 356 F.3d 1011 (9th Cir. 2004), which held that another statute which incorporated § 1227(a)(2)(A)(iii) only incorporated the "aggravated felony" portion and applied to all aggravated felons, regardless of whether they were legally admitted to the United States. Although the Court notes that there are distinctions between this case and Hernandez-Vermudez,*fn2 the Court need not resolve this question here because the Attorney General has the authority to limit the class of aliens which are eligible for voluntary departure. See 8 U.S.C. § 1229c(e). So even if Defendant's interpretation is correct, the Attorney General can and has decided that all aggravated felons are ineligible for voluntary departure, regardless of whether they came to the United States legally.
Under 8 U.S.C. § 1229c(e), the "Attorney General may by regulation limit eligibility for voluntary departure under this section for any class or classes of aliens." The Attorney General has enacted regulations which provide that an alien who has been convicted of an aggravated felony is ineligible for voluntary departure. See 8 C.F.R. § 1240.26(b)(1)(i)(E). The regulations do not limit themselves to only those aggravated felons who have been admitted. See id. If the regulation is valid, then Defendant was not entitled to voluntary departure and he suffered no prejudice when the IJ denied it.
Defendant argues that the regulation is invalid for two reasons. The first is that the regulation contradicts the language of §§ 1229c(a)(1) and 1227(a)(2)(A)(iii) because those provisions arguably only make aliens who committed aggravated felons after admission ineligible for voluntary departure. The regulation, however, supposedly expands that provision to include all aggravated felons. Even assuming Defendant's interpretation of §§ 1229c(a)(1) and 1227(a)(2)(A)(iii) is right, there is no contradiction between the regulation and those provisions. The regulation only expands the class of ineligible aliens, which the statute gives the Attorney General the right to do. It does not contradict §§ 1229c(a)(1) and 1227(a)(2)(A)(iii) by, for example, making eligible for voluntary departure aliens who committed aggravated felons after admission. There is no contradiction here.
The second reason Defendant believes the regulation is invalid is because § 1229c(e) "impermissibly delegates legislative power to an executive agency and violates separation of power." (Def.'s Br. 5). The provision allows the Attorney General "by regulation [to] limit eligibility for voluntary departure under this section for any class or classes of aliens." 8 U.S.C. § 1229c(e). Congress expressly gave the Attorney General the discretion to decide which additional class or classes of aliens should be ineligible for voluntary departure. Id. And it only allowed the Attorney General to limit the class or classes eligible, not expand them. See id. Plaintiff argues that the provision gives the Attorney General authority to enlarge the class of ineligible aliens to include all aliens, effectively repealing the voluntary departure statute. But a reasonable reading of § 1229c(e) does not give the Attorney General that authority. The provision is titled "Additional conditions" and allows the Attorney General to "limit eligibility" for any class or classes of aliens. 8 U.S.C. § 1229c(e). It does not expressly allow the Attorney General to limit eligibility completely, and the Court is required to construe a statute so that it is constitutional "so long as such a reading is not plainly contrary to the intent of Congress." United States v. X-Citement Video, Inc., 513 U.S. 64, 78 (1994). Reading the statute to allow only additional limitations on eligibility for classes of aliens-but not denying eligibility to all aliens-is a reasonable interpretation, given the use of the phrase "Additional conditions" and the lack of express authority to completely limit eligibility.
The nature of the rulemaking authority in § 1229c(e) is straightforward. Although it does not give the Attorney General express guidance on which additional class or classes of aliens should be denied eligibility for voluntary departure, it sufficiently limits the Attorney General's discretion to add additional limitations which do not completely extinguish the right to voluntary departure. Section 1229c(e) is therefore not an unconstitutional delegation of legislative power.*fn3
The IJ found that Defendant had been convicted of an aggravated felony under California Penal Code § 417(b). Defendant does not attack that finding. Defendant also appears to have been convicted of an aggravated felony on February 8, 1996, when he was convicted of California Health and Safety Code § 11351.5, possession of cocaine base for sale. See Bradshaw v. Mukasey, 302 Fed. Appx. 548, 549 (9th Cir. 2008) (unpublished); Cazarez-Gutierrez v. Ashcroft, 382 F.3d 905, 912 (9th Cir.2004) (holding that a state drug offense is an aggravated felony for immigration purposes only if it would be punishable as a felony under federal drug laws or if the crime contains a trafficking element). Therefore, he was ineligible for voluntary departure and has suffered no prejudice.
For the foregoing reasons, the Court DENIES Defendant's motion to dismiss the indictment [Doc. 21].
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Cruisin' Connecticut – Jumping into the ring at "Pro Wrestling Academy" in Cheshire
Ryan Kristafer takes you on a high-flying journey to the Pro Wrestling Academy in Cheshire, Connecticut!
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Ryan Kristafer takes you on a high-flying journey to the Pro Wrestling Academy in Cheshire, Connecticut!
Kids are heading back to school and that means those soccer baseball and basketball games will soon be starting too. Certified nutritional h…
Every year more than half of a million Americans require knee replacement surgery. Now orthopedic surgeons with the Western Connecticut Heal…
The sixth annual 'Homerun for Heroes' event is kicking off Saturday August 20th.
Kids will be soon heading back to school, and that means parents are getting ready to plan what our kids will be eating for snacks.
Sending our kids back to school can be stressful, so we are helping you reduce and manage your stress by doing some yoga.
The Family Fun Day event is taking place August 20th in Old Lyme and the event helps raise money for the EMS.
Whether you're a teacher or a student getting ready to head back to the classroom, there are deals for you out there. Lots of places offer d…
In case you missed them, here are the #WakeUpGMCT videos we showed during Good Morning Connecticut this week.
Ryan Kristafer gives you a preview of "The Stand" roadside barbecue canteen with brisket, pulled pork and local brews!
News 8 talked to a mom who's bought a lot of supplies over the years, made a few mistakes and is now passing on the dos and the donts!
Ryan Kristafer gives you a preview of the 9th annual (free) "Tap Into Nature" event for families + kids at Lake Saltonstall in Branford.
The state Department of Energy and Environmental Protection has designated Saturday, August 13th as 'Free Fishing License' day.
We wanted to stretch your dollar on back to school clothes. What better way to do that than to talk to a mom who's living it right now.
Preview to the Bantam Lake Ski Club Show with pyramid skiers, barefoot skiers, and Ryan Kristafer in the "Ballet Line."


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Current News
AGM Delegate Application Form click here
Long Term Occasional List Interviews Fall 2016
Pink Listing Lifted
Marshall Jarvis, General Secretary of the Ontario English Catholic Teachers Association (OECTA) sent an email to the Toronto Occasional Teachers' Bargaining Unit (TOTBU) advising TOTL that as a result of the tentative agreement reached between Toronto Catholic District School Board (TCDSB) and the Toronto Elementary Catholic Teachers (TECT) the pink listing of the TCDSB was lifted immediately September 3, 2016 at 4:55pm.
Therefore, all qualified occasional teachers on the Long Term Occasional List may now apply for any permanent positions that are posted on the elementary panel in the future.
SEMS: New Call Out Area Now Available
Collective Agreement 2014-2017
Please note that the Collective Agreement between the TCDSB and TOTBU is NOW AVAILABLE online for downloading here or on the TCDSB website


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The 206 (TV Series)
Watch The 206 episodes online for free here at Telepisodes via the links provided in each episode page. Sketch comedy fans will remember the show Almost Live! This is the new show featuring a few of those same people. Here's hoping the High-Five'ing White Guys make an appearance or perhaps Billy Quan
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Released Date: January 6, 2013 (US)
Genre: Comedy
Network: K5 ()
Latest episode: The 206 Season 1 Episode 2
Season: 1, All Episodes
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There's no casting details yet.


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association with Dionne quintuplets
...providing profitable endorsements for products from cod-liver oil to typewriters and automobiles, and attracting hordes of tourists to northern Ontario. The attending physician, Allan Roy Dafoe (d. 1941), also became a celebrity. In 1935 Ontario made the quintuplets wards of the...


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(20 storage facilities)


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Sci fi/Fantasy image byKyrstin Haines
This is Dmirti. He was horribly abused by the orphanage and then by his foster parent. He ran away and then was picked up by a biker gang. this is him on a street bench.
Published More than a year ago
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|Property type
|Minimum Stay
Villa Yannakis is situated in the hamlet of Vinglatouri, above the nearby small beach and resort of Nissaki on the North East coast of Corfu. It is a wonderfully private location with large secluded pool, terrace and breathtaking sea views. The property has 3 bedrooms.
Lounge with separate kitchen area. 3 air conditioned bedrooms: 1 double bedroom (en suite) and 2 twin bedrooms. Family bathroom. Shaded dining terrace with BBQ. Private pool.
Living Room:
The lounge, with large comfy sofas along with TV and Wi-fi, has patio doors opening to the sea view dining balcony. Lounge sofas open into extra beds if required.
The kitchen has a large fridge/freezer, microwave, dishwasher and washing machine. Next to the kitchen is an inside formal dining area.
3 air conditioned bedrooms: 1 double bedroom (en suite) and 2 twin bedrooms.
There are 2 bathrooms: en suite (for the master bedroom) and 1 family bathroom with shower. Maid service, towels and bed linen is included.
Private Pool:
Sunbathing around the private swimming pool is the perfect way to unwind, relax and daydream about how you are going to spend your holiday free time!! Will it be sightseeing the many museums and art galleries in Corfu Town? Or exploring miles of sandy beaches on the West coast? Maybe a day at the waterpark? Or a few rounds of Golf at the 18-hole course set in the Ropa Valley? Visit neighbouring Albania to see the ancient historical site of Butrint?
The pool is exceptionally private with no nearby villas overlooking. Beside the pool is a large brick BBQ and preparation area.
Pool Dimensions:
Size: 10m x 5m
Depths: Shallow: 1m; Deep End: 2.7 m
Holiday Rating: Excellent
Recommend Property: Yes
Cleaner Rating: Excellent
Holiday Review:
The holiday was absolutely brilliant. The villa was 100 as described it had everything that you needed and I would definitely recommend.
Nissaki is a small pretty resort with a horseshoe-shaped beach, offering excellent swimming and water sports. There are several tavernas specialising in local cuisine. A small harbour shelters the many little fishing boats that are moored there and there is a jetty/collection point for the Taverna Agni water taxi which offers an evening service to Taverna Agni and a twice-weekly trip to Corfu Town.


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Current Doctor Who companion, Jenna-Louise Coleman has been cast to star in the new BBC1 period drama, Death Comes To Pemberley.
Death Comes Pemberley, written by P.D James, was written as a sequel to Jane Austen's Pride and Prejudice, set six years after the original story ended, following the lives of Elizabeth Bennet and Mr Darcy.
Coleman, who plays Clara Oswald in the hit BBC family sci-fi entertainment series Doctor Who, has been cast to play Lydia Wickham, who ran away to elope with Mr Wickham in the original novel, bringing shame and controversy to the Bennet family.
She is joined by Anna Maxwell Martin who has been cast to play Elizabeth Bennet, Matthew Rhys playing Mr Darcy and Matthew Goode who is due to play Mr Wickham as main cast members.
Other cast members include Trevor Eve as Sir Selwyn Hardcastle, Rebecca Front as Mrs Bennett, James Fleet as Mr Bennett, Penelope Keith as Lady Catherine de Burgh, Joanna Scanlan as Mrs Reynolds, Tom Ward as Colonel Fitzwilliam, Eleanor Tomlinson as Georgiana Darcy and James Norton as Mr Alveston.
Former Downton Abbey star, Dan Stevens had originally been linked to the role of Mr Darcy, a part played by Colin Firth in the original BBC adaptation, with US actress Claire Danes linked to the part of Elizabeth.
On Casting Danes, who played Juliett in the 90's hit adaption of Romeo and Juliett, the spin-off's producer David Thompson told the Sunday Times newspaper in February: "Yes, she's American but of course she can do British. She is also married to a Brit."
Shooting of Death Comes To Pemberley is due to start later this month in Yorkshire with the series will be directed by Daniel Percival.
Watch an interview with PD James, the author, discussing Death Comes To Pemberley in the clip below: