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- 1 Untitled
- 2 Do calendars really measure time?
- 3 Calendars are constructs/systemizations/conceptualizations of civil time
- 4 From VfD
- 5 Some reformatting needed?
- 6 "new" calendars
- 7 Asian Calendars
- 8 Improvement Drive
- 9 Moved from main article, by User:188.8.131.52
- 10 History behind the year starting in winter
- 11 Beginning the year in winter
- 12 Any Television Documentarys?
- 13 Kurdish calendar
- 14 hello wikipedians
- 15 Navigational bar 'Calendar systems'
- 16 Pragmatic and Theoretical Calendars
- 17 Calendar software
- 18 Additional information to the article.
- 19 Easter
- 20 Who uses which
- 21 Calendar#In legal use
- 22 Meaning of the word Calendar according to Indo-Persian languages
- 23 External Links
- 25 Pictures of calendars
- 26 Calendario Romano
- 27 Bulgarian calendar
- 28 Venus-based calendar in ancient Egypt?
- 29 Advent Calendar as a 'See Also' entry vs. a term needing disambiguation
- 30 New Calendars
- 31 Easter section
- 32 Other Date Systems
Validation of article performed by WIKICHECK. August 17 2006 17:12pm. WikiCheck 17:12, 17 August 2006 (UTC)
Do calendars really measure time?[edit]
I think a lot of misconceptions about calendars arise from the idea that a calendar measures time, like a clock or like a ruler measures distance.
All known calendars work by naming days (This is the definition in the Nupedia article). As such, a calendar can not measure time more accurately than 1 day. Furthermore, the duration of the day is known to vary in time owing to change in Earth's rotation rate, so is not a good standard in time measurement.
A solar calendar may measure years, by virtue of the fact that its year runs close to the cycle of seasons, but more accurate measurement can be got from an ephemeris.
The year even when measured in SI seconds, varies in duration and so can not be considered a unit of the same time that measured by SI seconds.
- That's not a misconception at all--a calendar does indeed measure time just like a
clock does, just not very precisely. That doesn't mean it's not a measurement. A measurement simply answers the question "how much"; one can answer precisely or vaguely. If you ask "How much sand in this bucket?", One can measure in "handfuls" just as easily as kilograms, and one is performing essentially the same function. Likewise, "How much time since I was born?" can be answered roughly in years with the help of a calendar, and in fact is a much more useful measurement for most purposes than an exact measurement in seconds: I'm over 1.2 billion seconds old; quick-- can I go into a bar? Run for president? --Lee Daniel Crocker
--- Mr. Crocker is confusing entities (e.g. length) with units (e.g. meter), organizational nomenclature (e.g. kilo-meter), and measuring devices (ruler, laser interferometer). A calendar itself, whether the paper thing on the wall or the rules and conventions used to make them, is NOT an instrument or system of time MEASUREMENT. Chalking up a mark each day is sufficiently similar to a clock (counting regular events) to call that a time measuring device: but that is a simple day count and not a calendar. A calendar is a convention on organizing time, dividing it, or tracking it if you like; but NOT "measuring" it. You might as well call the "minute" a system of time measurement, or a clock, or a calendar: and it is neither of these. So I propose as the initial definition for the article:
"A calendar is a system for organizing periods of time. Calendars generally use the day as the fundamental unit, and give a label (names or numbers) to each day. Days are organized into larger units which usually are repeated in cycles, often based on some natural cycle like month or year. These properties facilitate recording events or periods of history and planning future events."
-- 20011221: Tom Peters
For more discussion on Calendars and Time measurement, you may join the E-mail list CALNDR-L at http://personal.ecu.edu/mccartyr/calndr-l.html
Calendars are constructs/systemizations/conceptualizations of civil time[edit]
Various calendars were created to conceptualize and give a semblance of order to the passage of time in reference to repeating events such as the changing of the seasons, the phases of the moon, the movements of Venus, the flooding of the Nile, etc. The orbiting of the earth about the sun is one of the most important repeating events for societies and civilizations for agricultural pursuits and animal husbandry, for example, not to mention preparing for temperature extremes, etc. Naming of calendrical units is not what a calendar is, but only a small part of the construct. Doc Rock 17:21, 18 October 2006 (UTC)
This terminology from the existing article seems less than ideal. "A pragmatic calendar is one that is based on observation; an example is the religious Islamic calendar."
How about calling it "observation based calendar" and get rid of the pragmatic terminology.
"A theoretical calendar is one that is based on a strict set of rules; an example is the Jewish calendar. Such a calendar is also referred to a rule-based or arithmetical calendar."
I thought a "theoretical calendar" was one proposed bu never used.
Let's just move away from those two term and go with Rule based and observation based.
-Paul Hill
I've never seen the term pragmatic calendar used to mean observation-based calendar outside the Nupedia article in which it appears. It may be the author's invention. The terms astronomical and observation-based have been used elsewhere and I have added them to the article.
The same applies to the addition of arithmetical and rule-based for theoretical calendars.
A calendar is not an scheme for "giving names to days and years". What a year is is defined by the calendar...for example, in a lunar calendar a year is something different than in a solar one.
- I didn't write that that line, but actually I can't fault it. The primary purpose of most calendars is indeed to provide names for periods of time. Calendars generally do also define terms of common usage like "month", "week", and "year", and usually give alternate definitions for them that correspond in greater or lesser degree to other usages of those words which are not calendar-based (things like "mean sidereal year" exist independently of any calendar). But the purpose of those definitions is to provide a convenient way to label moments and/or periods of time in the past and future, to make it easier to record history and make long-range plans.
"Provide names to periods of time" that's a bit closer to it...my problem is, a year did not exist until a calendar that defined it did, so a calendar doesn't give a name to a year, creates it. But how do you measure those periods of time? A day is a pretty obvious thing, based on the movement of an astronomical object, the sun. The year is a bit more problematic, and you can only define it observing the constelations in the sky at sunset or sunrise. Thus my attempted definition. If you can do better, please be my guest, but I'm not going to leave that line as it is.
- You could always look at it from the units-of-measurement point of view. Things like "hour", "second", "week", etc. are somewhat arbitrary products of definition, but just as we chose units like "pounds" to be useful for everyday life and commerce (imagine buying food from a grocer if your only units of weight were milligrams or tons), our choice of units for time was not entirely arbitrary. The day was such an obvious thing that it made sense for smaller units to evenly divide it. Likewise the cycle of seasons pre-dated any calendar, so it made sense for calendars to define the "year" unit of time measure in a way that made it convenient for knowing when to plant crops. So I wouldn't call calendars totally "arbitary", but I would say that they defined measurements of time that served the purposes of the prople that created them.
The various astronomical days, months and years really do exist; but the calendrical day and month and year do not. They are creations of the calendar, which approximate the astronomical periods in some ways. But they aren't just inaccurate measurements; to use the astronomical units would be wrong by the calendar. So these units have no existence without the calendar. -- SJK
From VfD[edit]
- How to compute calendars - Article rehashes knowledge already available in detail on Gregorian calendar, Julian calendar, and Calendar itself, as well as being very centered on both of those calendars, but not giving details for either. If I have missed something, the missing content should be merged into one of those three and this page deleted; it does not provide additional value. Should the article instead be enhanced to encompass a "how to" guide for every calendar around, a lot of duplication would be neccessary (of the articles for the respective calendars) Eike 03:16, Feb 19, 2004 (UTC)
- Info needs correcting, but merge any useful content with calendar and redirect -- Graham :) 12:01, 19 Feb 2004 (UTC)
- Ditto. Elf 17:14, 19 Feb 2004 (UTC)
- merge and redirect Rossami 04:22, 23 Feb 2004 (UTC)
- If anyone wants to merge How to compute calendars into Calendar, they can access the non-redirected version from here.
Some reformatting needed?[edit]
and additions, especially where it just links to a main article. Lockeownzj00 06:25, 13 Feb 2005 (UTC)
- If you're thinking of placing main article links within the headings, then don't. That is to be avoided according to the Wikipedia:Manual of Style (headings). — Joe Kress 19:01, Feb 13, 2005 (UTC)
"new" calendars[edit]
Should we say something about the phenomenon of people trying to build new calendars (such as http://en.wikibooks.org/wiki/Triangular_Earth_Calendar ) ? Is there a name for this, perhaps something like constructed calendar, analogous to constructed language ?
- Some proposed calendars are at calendar reform. — Joe Kress 05:10, 2 Jun 2005 (UTC)
Asian Calendars[edit]
There is no information here on the main points someone would look for in a calendar article, which are the calendars in use today.
Japanese passports list birth dates that would make a westerner raise an eyebrow, and the Chinese calendar is misunderstood.
Perhaps before delving into the obscure, the present day topics should be tackled?
- This article discusses calendars in general terms. For specific calendars see the category "Calendars" at the upper right hand corner of the article and especially its subcategory "Specific calendars" or even the List of calendars under "See also". In the last two you will find the Chinese calendar and Japanese calendar. Also see Chinese New Year. — Joe Kress 20:04, 4 August 2005 (UTC)
Improvement Drive[edit]
Time management is currently a candidate on WP:IDRIVE. Support it with your vote if you want to see this article improved to featured status.--Fenice 07:51, 5 January 2006 (UTC)
Moved from main article, by User:188.8.131.52[edit]
I would like an article titled AD and/or ADE and BCE if BCE exists.
The article would explain the difference between AD and ADE when placed after the number of a year. For example 2006 AD and 2006 ADE. What does the E stand for and when should or can it be used? Thanks, Marvin L Morrison
History behind the year starting in winter[edit]
Coming from the southern hemisphere the question has occurred to me of why 1 January was placed in the middle of the nothern hemisphere winter. It doesn't appear to be a question that has occurred to anyone anwhere on the internet. Would it be one for modern psychologists or were there cultural/religious/astronomical reasons for the winter solstice being chosen over the summer solstice? Did the Chinese start their year in winter? What about the Mayans? - Diceman 18:38, 24 March 2006 (UTC)
- January 1 has no relation whatsoever to the winter solstice. Its placement relative to the seasons was the accidental result of converting the non-solar Roman Republican calendar into the Julian calendar in 46 BC. When Christianity adopted the Julian calendar as its own during the fourth century, it decided that the vernal equinox was on March 21. This caused January 1 to be 79 days earlier (80 in leap years)—there is no other significance to its placement. The difference between the Julian year and the tropical year then caused January 1 to drift later (closer to the vernal equinox). The Gregorian calendar corrected the drift in 1582 by placing the vernal equinox on March 19/20/21, depending on its leap year rules. The Chinese year begins roughly halfway between the winter solstice and the vernal equinox, but it is not a solar year. The Maya have two interrelated years: their 365-day haab year drifts relative to the seasons; their 260-day tzolkin year obviously has no relation whatsoever to the tropical year. — Joe Kress 09:49, 26 March 2006 (UTC)
- I can't seem to communicate the concept of someone arbitrarily deciding where the year should start (I grew up in a place where new year's eve is in summer, and later on began to wonder why in the northern hemipshere where the calendar was invented, why they put summer in the middle of the year). I wonder where hunter-gatherer societies (that use traditional means of timekeeping) generally place the year. Someone on another page suggested a link to crop planting cycles, I assume that for agarian societies in colder climates, the work would begin in spring and end in autmn, with winter off, so winter would be the "end" of one year and the start of another. But I believe in mediterranean conditions crops are planted in autumn and harvested in spring because summer is too dry, so that doesn't quite add up. - Diceman 14:26, 26 March 2006 (UTC)
- There is no reason that the beginning of the year should be logical, although many are. The Julian/Gregorian calendar is illogical, whereas the Hebrew calendar is logical, but as a result of history has two beginnings of the year in a single calendar, in spring and autumn, the months of Nisan and Tishri. Nisan (the first month) was the beginning of the year in the Torah (Pentateuch) when numbered months were used (with some Phonecian/Canaanite names), whereas Tishri (the seventh month) became the beginning if the year as result of the Babylonian captivity when the Jews adopted Babylonian names for their months. — Joe Kress 21:50, 26 March 2006 (UTC)
Originally March was the first month, December the tenth. Some of the months were named after gods, March = Mars. But most after numbers, Sep = 7, Oct = 8, Nov = 9, Dec = 10. These would have been in cycle with the moon originally. Later days were added to align months with the Solar Calendar (changed a number of times to correct them, additionally even numbers were considered unlucky by the Romans so that didn't help!). Jan and Feb were added in 713 BCE. before then it was just winter... The first month/moon cycle would have been when farming/trading resumed. The Romans celebrated New Year on the Ides on March. 15th March, although not always. This must have been in line with the Equilux when conceived but eventually dissociated and became half way in the month. Obviously the equilux would make sense, first signs of spring and equal day and night. Romans identified a year for dating purposes by naming it after two consuls who were in office. Elected on New Years Day. In 153 BCE Rome had problems controlling Lusitania (now Spain/Portugal) and they needed to elect new Consuls urgently. So they changed the election date to 1st January. And that date has stuck. Pnb73 (talk) 13:05, 4 January 2009 (UTC)
- Your 'equilux' theory may have some bearing on the Roman calendar during the time that kings ruled Rome, but only if we believe those Roman writers who state that King Numa added January and February (in either order) after December about 700 BC. Others state that at that time January became the beginning of the calendar year. Your theory has no bearing whatsoever during the time of the Roman Republic when consuls were elected. Since at least 450 BC (the time of the decemvirs) the calendar year had always been January to December, regardless of the day that consuls were elected to office. It was even January to December throughout the Middle Ages when days other than January 1 began the numbered year. According to Livy, consuls took office on July 1 before the third century BC. During most of the third century they took office on May 1. Only for the 70 years between 222 BC and 154 BC did they enter office on March 15. Furthermore, during this period the vernal equinox usually occurred in April or later. Indeed, the equinox occurred as late as Sextilis (August) (Roman) in 192–191 BC (the preceding March 15 (Roman) was November 5 (Julian)) ten years after the conclusion of the Second Punic War. See the conversion table associated with Roman Dates by Chris Bennett. From 153 BC until AD 888, when the Byzantine Empire ended the consulate, they took office on January 1. See Julian calendar#Year numbering. — Joe Kress (talk) 18:40, 4 January 2009 (UTC)
Beginning the year in winter[edit]
An important element influencing the placement of January [the beginning of our calendar year] certainly must be the apparent movement of the sun along the ecliptic throughout the earth's trip in its orbit around the sun. This is because starting with the third day after the summer solstice the length of the day appears to shorten by about eight minutes every day until the winter solstice and it appears that the sun "may be going away." The return of the sun, i.e., the lengthening of the daylight period daily following the third day after the winter solstice, occasions great joy that light and warmth are returning to earth--a beginning of an annual renewal. That is why Christmas, three days after the winter solstice, got stuck in the calendar where it is on the 25th of December. The Norse celebrated the New Year at this time. January, moreover, is named for the two-faced god, Janus, who looks backward and forward. The end of the shortening of the daylight makes a logical start time for a new year--there are other rationales for other times as well. Doc Rock 17:35, 18 October 2006 (UTC)
Any Television Documentarys?[edit]
There are television documentarys about almost every subject a person can think of, (execpt to best of my knowlege - Valentine's Day). As anyone, ie PBS or the History Channel, done a made-for-tv documentary on the calendar? If not, then they should. There should be a least one television documentary on the history of the calendar.220.127.116.11 19:20, 5 December 2006 (UTC)Bennett Turk
Kurdish calendar[edit]
I've moved the following from the "currently used" calendar section: Kurdish calendar is a Solar calendar used among the Kurdish people. The Kurdish year begins on March 21st, at the time of vernal equinox. Kurdish calendar began 612 BC, when the Medes conquered Nineveh and Assyria, which marks and symbolizes the end of lowland tyranny. The year 2007 corresponds to the Kurdish year 2619. (Reference Kurdish calendar converter)
The only reference I can find for it is one that is associated with the already linked reference: http://www.kurdistanweb.org/kucs/project/calendar.html. There are maybe 2 other passing mentions of this calendar online. Other than that, there is no evidence of this calendar. If anyone else knows of other references, it would be worth creating a new article for the subject (under the category of "specific calendars"). It isn't notable enough to warrant a paragraph in the "currently used" section though. —The preceding unsigned comment was added by Nposs (talk • contribs) 23:59, 23 February 2007 (UTC).
- It would be hard to get references for this as the Kurds have a mostly oral tradition. This makes it hard to get what you desire. However this does not mean that the kurdish calendar does not exist. In deed it does exist, and is well known among the kurds. Today is for example the first day of the year (20/3) 1 Jezhnan/Xakeléwe. Therefore i belive it is only just to mention the kurdish calendar in this encyclopedia. —Preceding unsigned comment added by 18.104.22.168 (talk) 12:13, 20 March 2008 (UTC)
hello wikipedians[edit]
I have to say .... I wold liked to see a quick referents table on when each calender was known to have bin calculated and taken in to use and so on. just saying it would be easier to visualize the time frame and also easier to remember :) thank you
The Dutch Wikipedia has a navigational bar about calendars: [1]. Would this be a good idea for the English version as well? Wiki-uk 12:49, 30 April 2007 (UTC)
- Looks good. Used on over 20 pages. We should have one too. Robin Patterson 14:57, 30 April 2007 (UTC)
- This was created on 27 June 2007: Template:Calendars Wiki-uk (talk) 17:56, 19 December 2007 (UTC)
Pragmatic and Theoretical Calendars[edit]
Does anyone know of any use of the terms pragmatic calendar for an astronomical calendar or theortetical calendar for an arithmetic calendar, independent of wikipedia? If not these terms should be deleted as original. Karl 12:17, 6 June 2007 (UTC)
I've removed the terminology of pragmatic and theoretical calendar on the grounds that they are original and other terms are used instead. You may restore them if you give good source independent of wikipedia for them. Karl 08:50, 12 June 2007 (UTC)
Calendar software[edit]
The calendar software section was getting a little spammy with a bunch of seemingly random additions [2]. Ironically it was linking to Mozilla Sunbird but not Outlook even though this is probably one of the most widely used calender programs. Instead I've linked to the Electronic calendar article and Calendar standards cat which covers most of what was linked to. The electronic calender article is a bit crap but it's the best we have. Ideally it would be better to link to a electronic calender standards article but we don't have one Nil Einne (talk) 07:26, 23 January 2008 (UTC)
Additional information to the article.[edit]
I feel that the part of the article on the Egyptian calendar should include the facts that their year was divided into three seasons of four months. I've seen a picture of the calendar taken off of an archeological site. One season was the harvest season, another was the flood season and the third I'm not sure of.
This way of measuring may explain some human ages in the Bible. For example, Abraham and Sarah were not 75 and 90 years old when Isaac was born. She was about 25. This would explain why she was concerned about not having a child, and why she was considered a great beauty by the Pharoah.
I don't have the time or the exact references, but they should be easy to obtain. —Preceding unsigned comment added by 126.96.36.199 (talk) 14:44, 27 January 2008 (UTC)
I'm genuinely confused about the assertions in the section about Easter Sunday:
Calculating the calendar of a previous year is a relatively easy matter when Easter Sunday is not included on the calendar. However, calculating for Easter Sunday is difficult because the calculation requires the knowledge of the full moon cycle. Easter Sunday is on the first Sunday after the first full moon after the Vernal Equinox according to the computus. So, this makes an additional calculation necessary on top of the normal calculation for January 1st and the calculation of whether or not the year is a leap year. There are only 14 different calendars when Easter Sunday is not involved. Each calendar is determined by the day of the week January 1st falls on and whether or not the year is a leap year. However, when Easter Sunday is included, there are quite a few different calendars.
The article asserts that calculating Easter Sunday results in "quite a few different calendars" than the 14 it asserts are all that exist by simply taking into account January 1 and leap days.
Easter Sunday does not actually appear on any other day of the week but Sunday. It does not affect the seasons. Certain related holidays are "movable" depending on the date fixed for Easter, but they don't affect the calendar itself.
Perhaps there is a point to this section that simply eludes me, but if there is, it needs a source and some explanation.
Bikerbudmatt (talk) 17:26, 28 January 2008 (UTC)
Easter can occur on any Sunday from March 22 to April 25 inclusive, which is a range of 35 days. If the range were only 7 days, then the 14 calendars would suffice even if Easter were taken into account. The range of 35 days results in 70 calendars being required. Each of these 70 calendars can be specified by the date of Easter and whether the year is a leap year. The sequence of these 70 calendars is much more complicated than the sequence of the 14 calendars ignoring Easter. See Computus for more details. Karl (talk) 09:24, 29 January 2008 (UTC)
The Computus article was helpful...thank you. Perhaps what I am missing here, especially in the larger context of the Calendar article, is what is meant by "calendar" in this discussion. I am starting from the frame of reference of a Gregorian calendar. But the sequence of 70 possible calendars that are cited here seems to refer to placing the date of Easter itself, not to the overall Gregorian system. I would find it helpful as a reader to know this is what is meant here.
Thank you again for your patience in considering this...my interest is as a cleric who needs occasionally to explain items like this to interested congregants.
Bikerbudmatt (talk) 22:37, 29 January 2008 (UTC)
A look a the article showed to me that the section under discussion was badly placed. The previous sections dealt with different types of calendar system (e.g. solar calendar and lunar calendar) and this section dealt with different arrangements of dates in a single calendar system. I've reordered some of the sections including this one and added some clarification to it. Karl (talk) 09:21, 30 January 2008 (UTC)
Thanks, Karl; the reordering puts this section in context for me and addresses my concerns. Again, thanks for your patience and interest in working through this. Bikerbudmatt (talk) 14:45, 22 February 2008 (UTC)
Definition of Easter[edit]
The article has "Easter Sunday is on the first Sunday after the first full moon after the Vernal Equinox according to the computus.". That is misleading (also it has the problem that, worldwide, the Equinox instant occurs on two adjacent local dates).
At least in the British Calendar Act / Prayer Book tradition, "Vernal Equinox" is not used in the definition; the date is given as March 21st. I've not seen whether the Catholic (Clavius) wording uses Equinox or 21st; but their calculation must be based on the 21st.
Since AD 325 or thereabouts, Easter has depended not on the actual moon but on a calculated approximation.
A simple change to sort that out would be to use "Easter Sunday is nominally on the first Sunday after the first full moon after the Vernal Equinox, and can be calculated according to the computus.".
22.214.171.124 (talk) 11:12, 7 June 2008 (UTC)
Who uses which[edit]
I would propose a 500-day 10-month 50-week "metric"-year calendar in which to rewrite history and current worldwide time recokings and tell solar, lunisolar and solar calendars fkoff away with their inconsistency and half-astrological half-astronomical religion-centred purposes because, really, when one reads a historical date... How much sense does it makes? Which land used which calendar when? Reading the articles on Julian reform there are questions still unanswered...
What calendar did the Ottoman Empire used? I guess the Islamic Calendar but then, they had an Ottoman Calenadar at the 18th century which was a modified Julian, when most of the world had stopped using the Julian, so had they been used the standard Julian before? What calendar[s] does modern day Turkey and Greece use? What calendar was Hungary using before occupied by the Ottoman Empire in the year 1526, starting with a battle (29/8/1526)? Before it being formally annexed (1541?)? During its occupation and then iduring its anexation and then afterwards when it was freed from Ottoman control (1699?) Does Hungary uses the Gregorian calendar now?
Making dating meaningful is basic to make history a science of past-reckoning and not an art of realistic storytelling. In order to do that I guess a whole set of historians worldwide must study time in relation to a central, worldwide reckoning, that would mean killing off daylight saving times and stablishing a metric way to calculate time, much like the way space and mass are defined on things whose inconsistency, althought inevitable, is not pertinent to human simplicity as our complixity lays far away from their. But until such consesus is reached... Could more data be given on which region used which calendar when? I'm not Hungarian and probably the best and swiftest means I have to data about Ottoman presence on Hungary is from the English Wikipedia as the Spanish Wikipedia is not good enough right now and googling tends to redirect to Wikipedia anyway, otherwise giving useless results.Undead Herle King (talk) 15:34, 13 April 2008 (UTC)
Calendar#In legal use[edit]
I was bold, and added this section. Please feel free to edit it or move to another place, but do not remove the entire section. I'd like to use it as a link or redirect to other legal articles. I will also find citations. Bearian (talk) 18:29, 2 September 2008 (UTC)
- Because this is so different from the other uses of 'calendar', which discuss how days are labeled or named rather than used, this would be better as an entry in calendar (disambiguation), possibly as an article named calendar (legal), even though it would be a Wikipedia stub. — Joe Kress (talk) 02:12, 3 September 2008 (UTC)
- I see now that you already knew of docket (court) to which court calendar redirects, which begs the question, why not link directly to either of those? In the meantime, I am simplifying the heading to Legal. — Joe Kress (talk) 09:20, 7 September 2008 (UTC)
Meaning of the word Calendar according to Indo-Persian languages[edit]
Jamsh1d says he "added meaning of the word Calendar according to Indo-Persian languages" to the article. This was a new introductory paragraph:
The English word calendar is derived from the Latin word kalendae, which was the Latin name of the first day of every month. The word Calendar consist of two words: 1)Cal( in Pashto means Year, in Hindi and Persian is Sal- also means Year).In Pashto question : so kalen ye? means how old are you? 2)Dar (Pashto - means having, Owning and in Persian - in). So we can say that Calendar means Having or owning or in the Year.
Obviously, this is not an appropriate introductory paragraph. It's also confusing, and lacks a reference. I would have moved it down rather than removing it, but the article already states this:
The English word calendar is derived from the Latin word kalendae, which was the Latin name of the first day of every month.
With a reference. Someone want to look into this? -AndromedaRoach (talk) 05:35, 12 October 2008 (UTC)
- The English word calendar is derived from the Latin word kalendæ which is derived from the Latin word calo meaning to call out or proclaim (that the thin crescent moon was observed on the western horizon, which marked the first day of each month in the original Roman lunisolar calendar). So if the English word was cognate to a Farsi or Sanskrit word, then calendar and call would begin with the same Farsi or Sanskrit letters, but using online English-Farsi and English-Sanskrit dictionaries, they don't. Because they aren't cognate, this 'derivation' was created by romanizing unrelated Indo-Persian word roots. — Joe Kress (talk) 09:13, 12 October 2008 (UTC)
External Links[edit]
http://www.blankcalendar.info - My site is highly relevant to the article and serves a very useful purpose to help those searching the web in need of free printable calendar pages to help with their work and personal appointments. Especially with a new year and a recession with a scarcity of jobs. My site serves it's content to a very minuscule amount of users who search through many search results before finding my site. I'm sure your well aware of link credibility. A link from Wikipedia would serve as a vote of approval and help search engines better rank my site regardless of no follow tags and thus get my site's content to more people in need of it and save users time.
Blankcalendardotinfo (talk) 22:27, 9 January 2009 (UTC) 01-09-2009: Jimmy C.
- It's too general for this page. It would be more appropriate at Gregorian calendar. However, looking over the ELs there, there is already a page there (pdfpad.com) which seems to have all the features of your site, and more as well. I'm not sure there's a place for your EL, sorry. Carl.bunderson (talk) 22:51, 9 January 2009 (UTC)
I think the Gregorian calendar article is perfect. My site is more streamlined straightforward and simple compared to ( Pdfpad.com ). Everything is easy to understand within sight on the homepage a quality reminiscent of Wikipedia. I provide users with the ability to print out calendar pages with a single click as well as provide each month of the year in three standard wallpaper sizes in the jpeg format which requires no plug-ins etc… (EX: Adobe® Reader). All of which ( Pdfpad.com ) does not! I plan on soon adding a Flash based widget where users can make notes on selected dates and more. I think my site is just right for the Gregorian calendar article. Adding my site to the external links would only improve Wikipedia users bottom line by offering them more.
Blankcalendardotinfo (talk) 23:44, 9 January 2009 (UTC) 01-09-2009: Jimmy C.
- Well, you can make your case on the talk page for that article. I'll start a thread on it now. Personally, I just don't see its value, in light of the pdfpad site. But if you can get consensus for it, I won't stand in your way. Carl.bunderson (talk) 23:55, 9 January 2009 (UTC)
RAMADAN DATE[edit]
WHAT WAS THE DATE OF RAMADAN IN 1983 —Preceding unsigned comment added by 22.214.171.124 (talk) 11:00, 9 April 2009 (UTC)
- According to Calendrica the month of Ramadan began on 13 June 1983 (1 Ramadan 1403) in the observational (not arithmetic) Islamic calendar, and ended on 11 July 1983 (29 Ramadan 1403). However, each Muslim country and Muslim association in non-Muslim countries use individual calendars with dates up to three days before or after these dates. — Joe Kress (talk) 00:58, 10 April 2009 (UTC)
Pictures of calendars[edit]
ther are no real pictures of calenders on here if you are searching for one to create a travel website turn around you have come to the wrong site —Preceding unsigned comment added by 22.214.171.124 (talk) 16:02, 13 May 2009 (UTC)
Calendario Romano[edit]
There is a calendar named Calendario Romano that is released by the Vatican every year, and which features priests on the cover of the monthly pages. I'm not sure how notable it is exactly, but it does get significant media coverage every year when it is published. [4][5][6][7] ADM (talk) 23:00, 7 December 2009 (UTC)
Bulgarian calendar[edit]
Removed copyvio text from [8] which was added to this talk page by 188.8.131.52 on 13:24, 16 May 2010 (UTC). — Joe Kress (talk) 22:17, 16 May 2010 (UTC)
The Eternal Calendar of the Bulgarians is a modern calendar proposal which is vaugely reminiscent of the Bulgar calendar but is falsely attributed to the ancient Bulgarians, so I'm removing its link. The equivalence 6328 AM − 823 AD = 5505 BC is simply the Anno Mundi epoch used by the medieval Bulgarian historian Constantine of Preslav in 894 according to the eminent Bulgarian historian Vasil Zlatarski (1866–1935) in [9]. — Joe Kress (talk) 10:31, 17 May 2010 (UTC)
Venus-based calendar in ancient Egypt?[edit]
Our article says "There are some calendars that appear to be synchronized to the motion of Venus, such as some of the ancient Egyptian calendars; synchronization to Venus appears to occur primarily in civilizations near the Equator.".
The link to Egyptian calendar was missing, so I added it - but there is no mention whatever of "venus" in that article. Instead it talks about a calendar linked to the rising of Syrius. Since neither article has adequate references - it's hard to know what to fix.
SteveBaker (talk) 15:38, 7 December 2012 (UTC)
Advent Calendar as a 'See Also' entry vs. a term needing disambiguation[edit]
I noticed in the "See Also" section for this page that an entry for "Advent Calendar" had been added.
That seems more like an entry for disambiguation, as another use for the term "calendar". An Advent "calendar" does not attempt to mark a solar cycle, which at base is the general use for calendars in this entry. It's more like a countdown to a specific day, a very slow clock if you will, and thus the term itself could be considered an ambiguous application.
To be clear, I do not in any way object to documenting the term "Advent calendar" in Wikipedia. It is an established cultural and religious practice (including in my own faith). It just doesn't seem to belong in the "See also" list.
I am certainly open to other interpretations of this term, and would like to hear the rationale for placing it in the list of "see also" terms.
Bikerbudmatt (talk) 16:11, 14 March 2013 (UTC)
New Calendars[edit]
How do new calendars become recognized as legitimate and added to wikipedia? As an example, I haven't seen the Borealis, Australis, & Globus Kalendars (http://ehoah.weebly.com/kalendars.html) on wikipedia, it is relatively new so it may have been by passed. If that is not the case, how do calendars like these gain the go ahead? 184.108.40.206 (talk) 19:32, 17 March 2013 (UTC)
- New articles must be about notable topics, as explained in the "Notability" guideline. For something to be mentioned in an article about something else, the "Neutral point of view" policy should be followed, in particular, the "Due and undue weight" section. For instance, the calendars mentioned by 126.96.36.199 seem to be related to the Reformed Druids of North America, which seems have only a few thousand people involved. Further, some of the sources seem to regard the movement to be humorous rather than sincerely held beliefs. So this would qualify as a tiny fringe movement, and its calendars should probably not be mentioned except in articles about the movement.
- Also, the person creating new articles or adding to existing articles should consider how he/she is involved in the subject and take care to follow the "Conflict of interest" guideline. Jc3s5h (talk) 01:57, 18 March 2013 (UTC)
- Thank you for the response. As I understand, the calendars are specifically related to Ehoah, an offshoot of the Reformed Druids of North America(RDNA). Even so the RDNA was founded on humor, but continued in a serious fashion with many dedicated practitioners that reflect the movement in a serious light. Especially with the Orders that require devoted rites to be performed by those who wish to join those Orders along with a third Ordered Druid to oversee and affirm that the rite be valid. It seems far from humor based on these observations. Either way, the points addressing the necessary elements for the calendars to be notable stands to reason. 188.8.131.52 (talk) 15:48, 18 March 2013 (UTC)
Easter section[edit]
Is there a reason why there is an entire section about Easter in the Gregorian calendar? It seems out of place in this article which is a general overview of various calendar systems. Jaxcp3 (talk) 04:31, 12 February 2014 (UTC)
- I agree and have removed it. Dougweller (talk) 14:04, 12 February 2014 (UTC)
Other Date Systems[edit]
Can a simple table be added to this article that describes different calendar systems in present and past use? It would be interesting to see at least a link to different types of calendar, and an explanation of their features (luni-solar, region first adopted, etc.) That way it would at least link to more detailed explanations. I was wondering about fixed 'switchover' dates in various calendars and the typology they use because I want to know about the reign of Urukagina in Sumer and how accurately his reign can be estimated. — Preceding unsigned comment added by 22.214.171.124 (talk • contribs) 05:41, 17 May 2014 UTC
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September 29, 1964
NAKLESv.UNION REAL ESTATE COMPANY OF PITTSBURGH, APPELLANT.
Appeal, No. 37, March T., 1964, from judgment of Court of Common Pleas of Allegheny County, April T., 1958, No. 510, in case of Edward G. Nakles and Sara Nakles v. Union Real Estate Company of Pittsburgh. Judgment reversed; reargument refused November 9, 1964.
David R. Levin, for appellant.
Paul E. Moses, for appellees.
Before Bell, C.j., Musmanno, Jones, Cohen, Eagen, O'brien and Roberts, JJ.
[ 415 Pa. Page 408]
Appellees operated a restaurant in Connellsville, Pennsylvania. Around the end of July, 1957, they were given notice to vacate their premises, whereupon
[ 415 Pa. Page 409]
they began a search for a new location. They found a storeroom for rent in the Connellsville Shopping Center and, responding to a sign in the window, contacted A. J. Aberman, the President of the appellant corporation.
After the initial contact, there began a series of negotiations and correspondence out of which this case arose. The chronological sequence of these negotiations and the correspondence is as follows:
At the first meeting, appellant indicated a rental demand of $465 per month; this demand was rejected by appellees. At a second meeting between Nakles and Aberman during the early part of August, 1957, appellant reiterated its asking price of $465. On August 16, 1957, another meeting was held, and the parties agreed on $275 per month for five years. At the August 16th meeting, the parties shook hands and agreed. Nakles paid one month's rent by check bearing the notation "1st month's Rent re Connellsville Shopping Center". The receipt of Union Real Estate bore a similar notation. This oral agreement was then to be reduced to a writing. The same day as the meeting, Union Real Estate Company sent appellees three copies of the lease and a plan of the dimensions of the demised premises. Appellees signed and returned the leases to Union. On August 20, 1957, Union Real Estate wrote a letter to the William Delp Company, a firm which was to design and furnish the restaurant, in which it stated that it was enclosing a plan of the storeroom Mr. Nakles "is renting" in the Connellsville Shopping Center.
On August 31, 1957, one day before the lease was to take effect, Union Real Estate Company wrote the appellees, indicating its regret that it was not legally free to enter into the lease.
Union Real Estate Company then re-rented the property to Bernedette Appliance Store at a rental of
[ 415 Pa. Page 410]
$385, $110 more per month than agreed to in the Nakles-Aberman oral agreement.
A jury trial resulted in a verdict for appellees in the amount of $15,000. Appellant's motions for new trial and judgment n.o.v. were denied and judgment was entered on the verdict; this appeal followed. "In considering a motion for judgment n.o.v., the evidence, together with all reasonable inferences therefrom, are considered in the light most favorable to the verdict winner. However, in considering the action of the lower court in granting or refusing a new trial, an appellate court will affirm, unless there has been a clear abuse of discretion or an error of law which controlled the outcome of the case or decision of the lower court". Chambers v. Montgomery, 411 Pa. 339, 192 A.2d 355 (1963), and cases cited therein.
In support of its motion for a judgment n.o.v., the appellant alleges that the appellees are without a valid cause of action, and that the action is barred by the statute of frauds. The thrust of this argument is that the parties were merely negotiating and no meeting of the minds was ever reached, in that the lease agreement was never reduced to writing as required by the statute of frauds. We have held on many occasions that the mere formality of reducing an agreement to a writing when not accomplished will not destroy the agreement, if the agreement does not fall within the Statute of Frauds. Taylor v. Stanley Co. of America, 305 Pa. 546, 158 A. 157 (1932), and cases cited therein. The evidence in this case indicates a meeting of the minds by the parties as of August 16, 1957, when Nakles paid the first month's rent. Union's acceptance of the check, the mailing of the lease and Aberman's letter to Delp are all indicative of an agreement which merely awaited the formality of being reduced to writing. Thus, under the Pennsylvania Statute of Frauds, Act of March 21, 1772, 1 Sm.
[ 415 Pa. Page 411]
L. 389, § 1, 33 P.S. § 1, a tenancy at will, if nothing more, was created. We therefore conclude that the appellees did prove a valid cause of action.
The appellant next alleges that the issue of damages as put to the jury was so speculative that the jury had no basis upon which to render a fair money verdict. In particular, the appellant addresses itself to claims for damages for loss of profits and the quality and quantity of the other evidence on damages. Before any comment on the issue is made, we must once again reiterate the proposition that the evidence of damages must be reasonably precise so as to provide the jury with an adequate framework upon which to base a verdict. Cf. Keystone Diesel E. Co. Inc. v. Irwin, 411 Pa. 222, 191 A.2d 376 (1963). In the case at bar, the jury was not given this framework on the question of loss of profits. The appellees were permitted to show their profits at the old location and their losses at the location they accepted after Aberman's breach. The evidence as such was not sufficient to provide the jury with the required framework. The profits and losses at different locations have no probative relationship to the damages in this case.
The liability portion of this case has been fairly and fully litigated. The appellant raises no question as to the evidence but merely challenges liability on an issue of law. We have examined its contention and have concluded that liability was clearly established. It would, therefore, serve no useful purpose to retry the issue of liability and once again expose the plaintiffs-appellees to the hazards of a jury trial, an obstacle they have already overcome. See Daugherty v. Erie R.R. Co., 403 Pa. 334, 169 A.2d 549 (1961); Berkeihiser v. DiBartolomeo, 413 Pa. 158, 196 A.2d 314 (1964) and cases cited therein.
Judgment reversed and case remanded to the court below for new trial limited to the issue of damages.
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1998 · Santa Rosa, CA
by Bukowski, Charles
Santa Rosa, CA: Black Sparrow Press, 1998. ninth printing. Hardcover. Very Good. Hardcover, illustrated paper over black cloth spine and paper spine label, 15.8 by 23.5 cm, 281 [2] pp. Light rubbing to the boards, some faint spots on the top edge of the textblock, and a slight cock to the spine. No writing, highlighting, names, or other markings. We ship our books in boxes or cardboard wraps, never in bags. Bay Leaf Books (Member ABAA, ILAB, IOBA) is an open shop dedicated to offering fine books for discriminating readers. (Inventory #: 2060)


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text:
Alpha Gen Capital
Nov. 15, 2012, 3:56 AM
News Corp (NWS) is reportedly in advanced talks to buy a stake - possibly almost 40% - in YES, the cable channel that televises New York Yankees games. News Corp is likely to acquire most of the holding from Goldman Sachs (GS) and Providence Equity Partners. The potential deal is likely to value YES at $3B.| Nov. 15, 2012, 3:56 AM
Oct. 29, 2012, 4:47 AM
Pearson (PSO -1.2% in London) agrees to merge its Penguin book-publishing unit with Bertelsmann's Random House in a deal that brings together companies with a combined 2011 operating profit of £272M and revenues of £2.48B. The JV, to be called Penguin Random House, will be 53% owned by Bertelsmann and 47% owned by Pearson. Confirmation of the tie-up follows reports that News Corp (NWS) had expressed interest in acquiring Penguin. (PR)| Oct. 29, 2012, 4:47 AM
Oct. 14, 2012, 6:10 AM
Providence Equity Partners has reportedly sold its 10% holding in Hulu back to the online video service for $200M in a transaction that values the company at $2B. Hulu is taking a loan to fund the acquisition, which leaves News Corp. (NWS), Comcast (CMCSA) and Disney (DIS) as the remaining owners. Separately, Hulu's CEO is poised to receive $40M.| Oct. 14, 2012, 6:10 AM
Sep. 19, 2012, 3:42 AM
Anschutz says it intends to sell its AEG sports-and-entertainment unit in a deal that could reportedly be worth several billion dollars. AEG's assets include a 30% stake in the LA Lakers, sports teams, stadiums and music festivals, as well as the world's second-largest concert promoter. Potential buyers could include News Corp. (NWS) and Liberty Media (LMCA), which owns 21% of AEG ticket rival Live Nation (LYV).| Sep. 19, 2012, 3:42 AM
Sep. 7, 2012, 3:27 AM
News Corp. (NWS) looks to strengthen its Australian pay TV holdings after agreeing to acquire Consolidated Media for A$1.94B ($2B). However, the deal is far from a shoo-in, as Kerry Stokes' Seven Group, which is considering a counter offer, owns a 25.3% stake in Consolidated. News Corp. needs 75% approval at a meeting next month to win through.| Sep. 7, 2012, 3:27 AM
Jul. 13, 2012, 1:16 PM
The EU is expected to unconditionally approve Cisco's (CSCO) $5B acquisition of set-top box software firm NDS, Reuters reports. NDS, 49%-owned by News Corp. (NWS, NWSA), stands to improve the reach of company's set-top box/cable infrastructure business in emerging markets, and could also bolster Cisco's efforts to deliver cloud video solutions to pay-TV providers.| Jul. 13, 2012, 1:16 PM | 1 Comment
Jun. 29, 2012, 4:34 PM
Dice Holdings (DHX), owner of industry-specific jobs sites, has bought finance/tech jobs site FINS.com from Dow Jones (NWS, NWSA). As part of the deal, Dice will handle the online career centers for fellow Dow Jones-owned WSJ.com and MarketWatch.com, and will migrate FINS.com's job listings service to its eFinancialCareers site.| Jun. 29, 2012, 4:34 PM
Jun. 26, 2012, 8:01 AM
Shares of News Corp. (NWS) move up 2.8% in premarket trading off of reports tipping off that the company may be split in two. Liberum Capital's Ian Whittaker speculates Rupert Murdoch's motivation behind a potential spinoff of the company's publishing division is that it would enable a freed-up News Corp. to make another run at British Sky Broadcasting (BSYBY.PK).| Jun. 26, 2012, 8:01 AM
Jun. 22, 2012, 6:08 AM
It looks like a nice little bidding war could play out Down Under between Rupert Murdoch and fellow tycoon Kerry Stokes for TV holding company CMH, with Stokes' Seven Group indicating it may make a proposal for the 76% it doesn't own. News Corp. (NWS) has already offered $2B for CMH.| Jun. 22, 2012, 6:08 AM
May 14, 2012, 9:58 AM
Mar. 15, 2012, 1:00 PM
Cisco (CSCO -1.6%) and News Corp. (NWS +1.7%) head in opposite directions following the former's purchase of NDS, in which the latter holds a 49% stake. Cisco says the deal will be immediately accretive to earnings, and that it will continue to sell NDS' software to rival set-top vendors. Strategy Analytics sees NDS aiding Cisco's efforts to get pay-TV providers to embrace online video, while Light Reading notes the value of NDS' relationships with Chinese and Indian pay-TV providers.| Mar. 15, 2012, 1:00 PM
Jan. 23, 2012, 2:58 AM
News Corp. (NWS) may bid for Turkish media assets ATV and Sabah, sources say. Calik Holdings, which owns ATV and Sabah, has extended the deadline for preliminary bids until next week. The deal could bring in between $700M and $1B, or possibly higher if deep-pocketed bidders like News Corp. are involved in the sale.| Jan. 23, 2012, 2:58 AM
Nov. 2, 2011, 3:02 PMBloomberg reports News Corp's (NWS +1%) Fox Sports is considering a bid to purchase the bankrupt L.A. Dodgers. An inside source sums up a possible motive: "If it comes down to paying $3 billion for telecast rights or $1 billion for the team, the math may mean you buy the team." | Nov. 2, 2011, 3:02 PM | 1 Comment
Oct. 13, 2011, 8:24 PMThe sale is off, say the content-focused owners of video hub Hulu - including NWS, DIS and CMCSA - because of its "unique and compelling strategic value" to each of them. Most bids from the likes of AMZN, DISH and GOOG didn't exceed the $2B owners thought they could get in an IPO last year, and new efforts like the $7.99/month Hulu Plus have them thinking there's value ahead. (previously on Hulu) | Oct. 13, 2011, 8:24 PM | 1 Comment
Oct. 10, 2011, 5:05 AM
Alibaba is interested in buying the 40% held in the company by Yahoo (YHOO), and has held talks with Singaporean investment company Temasek about providing the financing, Bloomberg reports. Yahoo's holding in Alibaba is worth an estimated $13B.| Oct. 10, 2011, 5:05 AM | 1 Comment
Oct. 10, 2011, 4:52 AM
Yahoo (YHOO) has withdrawn from the auction to buy Hulu as it focuses on its own problems, the WSJ reports. Those still in the running comprise Dish (DISH), Amazon (AMZN) and Google (GOOG), with the latter offering over $2B. However, Hulu's owners still may decide not to sell.| Oct. 10, 2011, 4:52 AM | 2 Comments


text:
Someone's priorities are all messed up, I hope
I travel all the time, so I was glad when Congress stepped in to force the FAA to stop the furloughs of Air Traffic Controllers. However when see this, I would rather be delayed on my flights then allow something like this to happen. I would gladly sit on a runway then have our wounded


text:
Nevada: 20 MW project acquired by Ted Turner and Southern Company02. July 2012 | Markets & Trends, Global PV markets, Applications & Installations | By: Jonathan Gifford
Through a strategic alliance, formed in 2010, Turner Renewable Energy and Southern Company have acquired a 20 megawatt (MW) photovoltaic power plant in Nevada. The plant was built by SunEdison and will be completed during the third quarter of 2012.
A second photovoltaic power plant project, in the America's Southwest, has been acquired by the Southern Company and Ted Turner's renewable-energy venture. The acquisition brings the strategic partnership's photovoltaic assets in the region to 50 MW.
The Apex Solar Project is located north of the Nevada city of Las Vegas, and was built by SunEdison using 88,000 Trina Solar modules. It will supply electricity under a 25-year PPA to the Nevada Power Company. After its acquisition by Turner and Southern Company, announced late last week, it adds more photovoltaics to Southern Company's "diverse fuel mix" in the region.
In a statement announcing the project's sale, Ahmad Chatila, the CEO of SunEdison's parent company MEMC, commented that as more utilities look to increase the amount of renewable energy as a part of their portfolio, solar is continuing to move towards grid parity. "We are delighted that Southern Company and Turner Renewable Energy share our commitment to the value of solar energy and to developing and operating solar projects as a clean and renewable source of energy."
Construction began on the Apex Solar plant in October 2011 and SunEdison will be responsible for the plant's ongoing operations and maintenance.
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June 13, 2012
EMESE M. VARGA, PLAINTIFF,v.RENT-A-CENTER EAST, INC., DEFENDANT
Currently before the Court are Plaintiff's motion to strike Defendant's affirmative defense of nonuse of a seatbelt and Plaintiff's motion to exclude the opinions and testimony of Defendant's two biomechanical experts.
On April 29, 2010, at the intersection of State Highway 206 and County Route 17, in the Town of Bainbridge, New York, Plaintiff was in a motor vehicle accident. At the time of the accident, Plaintiff had been operating her 1994 Subaru Legacy eastbound on State Highway 206, when it was caused to collide with Defendant's Chevrolet box truck, which had been proceeding southbound on County Route 17.
As a result of the accident, Plaintiff contends that she sustained serious physical injuries, including, among other things, a comminuted fracture of the right ankle, a comminuted fracture of the right distal tibia, an intra-articular fracture of the right medial malleolus, a fracture of the right posterior malleolus, a fracture of the right fibula, a comminuted fracture of the right patella requiring surgery with open reduction and internal fixation, multiple left rib fractures, a left-sided pleural effusion requiring the insertion of a chest tube, and a subarachnoid hemorrhage.
On May 13, 2010, Plaintiff commenced this personal injury action. On June 8, 2010, Defendant filed its answer, in which it asserted nonuse of a seatbelt as an affirmative defense.
A. Plaintiff's motion to strike Defendant's affirmative defense
In its answer, Defendant's Fourth Affirmative Defense reads as follows: "That the plaintiff was not wearing a seat belt at the time of the alleged occurrence and accordingly, any award made to and accepted by said plaintiff for injuries set forth in the complaint must be reduced in such proportion to the extent that the injuries complained of were caused, aggravated or contributed to by plaintiff's failure to wear a seat belt and to have same operational at the time of the occurrence." See Dkt. No. 5 at 4. Plaintiff claims that the Court should strike this affirmative defense because she has been exempt from the requirement to wear a seat belt since 2001 due to a physically disabling condition. See Dkt. No. 32 at 6.*fn1
Federal Rule of Civil Procedure 12(f) permits the court to "strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter." Fed. R. Civ. P. 12(f). Motions to strike affirmative defenses are generally disfavored. See, e.g. MTA Metro--North R.R. v. Buchanan Marine, No. 3:05--CV--881, 2006 WL 3544936, *3 (D. Conn. Dec. 8, 2006) (citing William Z. Salcer, Panfeld, Edelman v. Envicon Equities, 744 F.2d 935, 938-39 (2d Cir. 1984), vacated on other grounds, 478 U.S. 1015 (1986)).
Courts in the Second Circuit have adopted a three-part analysis in determining whether to grant a motion to strike an affirmative defense. "'Plaintiffs must establish that: (1) there is no question of fact which might allow the defense to succeed; (2) there is no question of law which might allow the defense to succeed; and (3) the plaintiff would be prejudiced by inclusion of the defense.'" Marshall v. New Horizons, No. 3:08--CV--633, 2009 WL 2983169, *1 (D. Conn. Sept. 14, 2009) (quotation omitted); see also Texas 1845 LLC v. Wu Air Corp., No. 11-CV-1825, 2012 WL 382828, *6 (E.D.N.Y. Feb. 6, 2012) (quotation omitted).
In the present matter, Plaintiff argues that the Court should grant its motion to strike Defendant's Fourth Affirmative Defense because New York's Vehicle and Traffic Law excuses an occupant of a vehicle from wearing a seatbelt if the occupant has a physically disabling condition which has been duly certified by a physician.
Plaintiff is correct that an exception applies to New York's general requirement that a motor vehicle's driver must use a safety belt while operating the vehicle. See N.Y. Veh. & Traf. Law § 1229-c(7). Specifically, this exclusion provides that New York's general safety belt requirement "shall not apply to a passenger or operator with a physically disabling condition whose physical disability would prevent appropriate restraint in such safety seat or safety belt provided, however, such condition is duly certified by a physician who shall state the nature of the handicap, as well as the reason such restraint is inappropriate." Id.*fn2
In support of her motion, Plaintiff contends that she had a note from her doctor which satisfied the statute's requirements, but that this note was in the glove compartment of her vehicle which was totaled in the accident. Therefore, at Plaintiff's request, Plaintiff's treating physician drafted a document entitled "Certification," which provides as follows: "Ms. Varga has a physically disabling condition, that is post herpetic neuralgia. This condition existed on 4/29/10. The use of a safety belt restraint is inappropriate for Ms. Varga due to the pain that would result from such use as a result of Ms. Varga's post herpetic neuralgia condition." See Dkt. No. 33-7. This "Certification," however, was not sworn under penalty of perjury, notarized, or even dated. See 28 U.S.C. § 1746; Link Treasure Ltd. v. Baby Trend, Inc., 809 F. Supp. 2d 1191, 1195 (C.D. Cal. 2011). Further, Dr. Butt failed to state how he has knowledge of Plaintiff's alleged disabling condition or whether he had "duly certified" her condition at the time of the accident. See Link Treasure Ltd., 809 F. Supp. 2d at 1195.
In an earlier letter from Dr. Butt to Plaintiff's attorney, Dr. Butt informed counsel that Plaintiff was issued a note to exempt her from wearing a safety belt "some time ago in 2009," but states that, "[u]nfortunately, the copies are not available." See Dkt. No. 33-6 at 4. This letter, again, is not sworn under penalty of perjury or notarized, and does not state whether Plaintiff's written exemption was permanent or subject to renewal.
As Defendant correctly argues, there is no evidence in the record clearly establishing that Plaintiff had a duly certified exemption to New York's safety belt law at the time of the accident. As such, questions of fact preclude the Court from granting Plaintiff's motion to strike. See N.Y. Pattern Jury Instr. § 2:87, at 498 (3d ed. 2012) (noting in the Comment that "[i]f there is an issue of fact as to whether plaintiff's disability prevents the use of a seat belt, that issue should be submitted to the jury"). Moreover, the Court fails to see how Plaintiff would be prejudiced by Defendant presenting evidence in support of this affirmative defense. At trial, it will be left to the jury to decide whether Plaintiff had a duly certified exemption from New York's safety belt law at the time of the accident.
B. Plaintiff's motion to exclude Defendant's two biomechanical experts
Plaintiff generally contends that Defendant's biomechanical experts' opinions should be excluded for the following reasons: (1) the opinions expressed in their report "are based upon flawed underlying assumptions concerning the facts of the accident in question and on assumptions that are contrary to the fundamental laws of physics and accepted engineering analysis methodologies;" and (2) the opinions expressed in their report "are not based on sound scientific methodology but instead on unfounded speculation, and there is no evidence that their opinions have been tested or are capable of being tested and verified." See Dkt. No. 35.
The admissibility of expert testimony is governed by Rule 702 of the Federal Rules of Evidence. That Rule provides as follows:
If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.
Fed. R. Evid. 702.
In reviewing the admissibility of expert testimony, "the district court has a 'gatekeeping' function under Rule 702 -- it is charged with 'the task of ensuring that an expert's testimony both rests on a reliable foundation and is relevant to the task at hand.'" Amorgianos v. Nat'l R.R. Passenger Corp., 303 F.3d 256, 265 (2d Cir. 2002) (quoting Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 597, 113 S. Ct. 2786 (1993)).
As the Second Circuit has explained,
[i]n fulfilling this gatekeeping role, the trial court should look to the standards of Rule 401 in analyzing whether proffered expert testimony is relevant, i.e., whether it has any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence. Next, the district court must determine whether the proffered testimony has a sufficiently reliable foundation to permit it to be considered. In this inquiry, the district court should consider the indicia of reliability identified in Rule 702, namely, (1) that the testimony is grounded on sufficient facts or data; (2) that the testimony is the product of reliable principles and methods; and (3) that the witness has applied the principles and methods reliably to the facts of the case. In short, the district court must make certain that an expert, whether basing testimony upon professional studies or personal experience, employs in the courtroom the same level of intellectual rigor that characterizes the practice of an expert in the relevant field.
Amorgianos, 303 F.3d at 265 (internal alterations, quotations, and citations omitted). Nevertheless, "experience in conjunction with other knowledge, skill, training or education . . . [may] provide a sufficient foundation for expert testimony," and "[i]n certain fields, experience is the predominant, if not sole, basis for a great deal of reliable expert testimony." Advisory Committee Notes, 2000 Amendments, Fed. R. Evid. 702; see also Kumho Tire, 526 U.S. at 156 ("[N]o one denies that an expert might draw a conclusion from a set of observations based on extensive and specialized experience").
"In undertaking this flexible inquiry, the district court must focus on the principles and methodology employed by the expert, without regard to the conclusions the expert has reached or the district court's belief as to the correctness of those conclusions." Id. "In deciding whether a step in an expert's analysis is unreliable, the district court should undertake a rigorous examination of the facts on which the expert relies, the method by which the expert draws an opinion from those facts, and how the expert applies the facts and methods to the case at hand." Id. "A minor flaw in an expert's reasoning or a slight modification of an otherwise reliable method will not render an expert's opinion per se inadmissible." Id. "'The judge should only exclude the evidence if the flaw is large enough that the expert lacks good grounds for his or her conclusions.'" Id. (quotation and other citation omitted).
Defendant's biomechanical experts are Dr. Anastasios Tsoumanis and Dr. Richard Baratta, who prepared a joint report. Plaintiff's expert is Dr. David Gushue. In response to Plaintiff's expert response, Defendant supplemented its expert report. Plaintiff directs the Courts attention to several discrepancies between the experts' reports. After thorough review of the expert reports and supplemental material, the Court finds that Defendant's expert report is relevant and sufficiently reliable to permit Defendant to present this expert testimony at trial.
In the November 8, 2011 Supplemental Conclusions of Defendant's expert report, Dr. Tsoumanis provides the following conclusions:
1. The Subaru experienced a decrease in forward speed between 30 and 35 miles per hour as a result of this collision.
2. Proper use of the seatbelts would have minimized the forward body movement of the driver.
3. Proper use of the seatbelts would have reduced forward movement of the occupant's head, torso, and lower extremities.
4. Proper use of the seatbelt would most likely have decreased the severity of the contact of the occupant's knees with the instrument panel and hence decreased the potential severity for a fracture to the right patella. Even if contact with the dashboard had occurred, the forces would be substantially less than without seatbelt use, since the seatbelts would bear the majority of the inertial loads associated with the torso and lower body.
5. Proper use of the seatbelt would most likely have decreased the potential and severity for fracture to the left thoracic area ribs. From potential contact with the airbag, the contact forces would be far less than without seatbelt use, since the seatbelt would bear the majority of the inertial loads associated with the torso and lower body.
6. Proper use of seatbelt would most likely have reduced the potential for fracture of the right ankle and lower leg as it would have constrained the forward motion of the body and hence reduced inertial loading on the lower legs.
7. Proper use of seatbelt would have reduced the potential for subarachnoid hemorrhage. Usage of seatbelt would have most likely eliminated contact of the scalp/head with hard interior surfaces (such as windshield or steering wheel).
8. If Ms. Varga had been properly using her seatbelt, she would most likely been exposed to the potential for cervical, thoracic, shoulder, and lumbar strains and sprains, as well as abrasions and contusions from airbag deployment.
See Dkt. No. 52-17 at 19. Defendant's expert's report continues with the following accident reconstruction and analysis:
There were no mechanical defects with the components available for inspection on the Chevrolet that could have caused or contributed to the collision. The right-front wheel assembly and brake were missing from the vehicle and could not be inspected. The damage to the right-front suspension and body of the Chevrolet was consistent with the Chevrolet colliding with the Subaru as described in the police report. The SDM data shows that at 2.5 seconds before the collision, the Chevrolet's brake petal switch was not activated, meaning the brake pedal was not being pressed. The SDM recorded also a non-deployment event. According to the SDM data, the brake switch was applied between approximately 2.5 and 2.0 second before impact and remained on until impact. The vehicle's speed was 55 miles per hour, the engine throttle was 41 percent, and the accelerator pedal position was at 0 percent approximately 2.5 seconds before the impact. One half second or less before impact the SDM recorded a vehicle speed of approximately 35 miles per hour while the maximum longitudinal and lateral velocity changes due to impact were: 8.67 miles per hour and 21.94 miles per hour respectively.
Based on the severe damage to the vehicles, the pre-impact breaking and the downloaded data of the Chevrolet and analysis of NHTSA (National Highway Traffic Administration Agency) studies on the Subaru, the result of this contact was that the Subaru would have experienced a decrease in forward speed between 30 and 35 miles per hour.
See id. at 19-20.
Plaintiff and Dr. Gushue contend that Defendants' experts failed "to take into consideration critical evidence that there w[ere] two impacts between the vehicles in question and that there was a lateral change in velocity of the Plaintiff's Subaru due to the contact with Defendant's truck" and that failure to take into consideration this evidence renders their analysis fundamentally flawed. See Dkt. No. 35 at 10-12. Dr. Tsoumanis, however, addressed this contention in an affidavit and explains that it was the longitudinal decrease in speed of Plaintiff's Subaru that was the predominant factor in causing Plaintiff's injuries and that taking into consideration the lateral change in velocity would actually increase the overall change in velocity by two-to-three miles per hour. See Dkt. No. 52-1 at ¶¶ 7-9. In fact, Dr. Tsoumanis explains that he did not consider the lateral velocity because "of its significantly lesser effect on the dynamics and mechanics of this accident" and because the injuries Plaintiff sustained were "clearly associated with her impact with frontal structures, such as the dashboard and steering wheel, and the floor panel and pedals, not lateral structures, such as the car door[.]" See id. at ¶¶ 8, 10.
Plaintiff further argues that Defendant's experts based the analysis in their report "not on the type of seatbelt that was involved in the Subaru Legacy in question, but on a vehicle equipped with a 'standard three-point seatbelt system[.]'" See Dkt. No. 35 at 13. Plaintiff claims that her Subaru Legacy was equipped with "'an automatic motorized shoulder belt and a separate manual lap belt.'" See id. at 14. Apart from pointing out this alleged inconsistency, Plaintiff does little to explain how this impacts Dr. Tsoumanis and Dr. Baratta's analysis. In Dr. Tsoumanis' February 16, 2012 supplemental report and affidavit, he explains that in his initial report he only made reference to a "lap belt and shoulder harness," and did not use the term "three-point seatbelt." See Dkt. No. 52-1 at ¶ 13. Moreover, Dr. Tsoumanis explains that Dr. Gushue used a woman in his surrogate fit study who was approximately sixty-seven inches and 175 pounds, while Plaintiff was approximately 230 pounds at the time of the accident, thereby accounting for several discrepancies pointed out by Plaintiff. See Dkt. No. 52-19 at 8. Dr. Tsoumanis continues in his supplemental report and affidavit to explain other inconsistencies between the parties' expert's reports and references tests on the Subaru Legacy conducted by the New Car Assessment Program under similar conditions and explains the effects these tests had on the crash dummies in various scenarios. See id. at 9-11.
Finally, contrary to Plaintiff's assertions, Dr. Tsoumanis and Dr. Baratta's report was not "purely speculative" and does not "lack any indicia of reliability because the experts failed to follow any valid and accepted scientific methodology." Defendant's experts relied on numerous publications and tests, some of which were relied on by Plaintiff's expert.
While many of Plaintiff's contentions are sensible, they simply go to the weight of Defendants' experts' testimony and do not provide a basis for exclusion. See Demar v. D.L. Peterson Trust, No. 1:05-cv-103, 2006 WL 2987314, *5 (N.D.N.Y. Oct. 13, 2006) (permitting the testimony of Dr. David Gushue regarding the effect of seatbelt use to challenge and discredit the defendant's expert and the methodologies he used in reaching his conclusions). Although Dr. Tsoumanis' supplemental report and affidavit provide a more thorough explanation of the methods used and indicate more clearly the tests and studies relied upon, it is clear that both his initial report and supplemental report rest on a sufficiently reliable foundation and are relevant to the issues presented. See Amorgianos, 303 F.3d at 265 (citation omitted); see also Borawick v. Shay, 68 F.3d 597, 610 (2d Cir. 1995) (holding that the Supreme Court in Daubert "expressed its faith in the power of the adversary system to test 'shaky but admissible' evidence, . . . and advanced a bias in favor of admitting evidence short of that solidly and indisputably proven to be reliable" (quotation omitted)).
Based on the foregoing, Plaintiff's motion to exclude the opinions and testimony of Defendant's two biomechanical experts is denied.
After carefully reviewing the entire record in this matter, the parties' submissions and the applicable law, and for the above-stated reasons, the Court hereby
ORDERS that Plaintiff's motion to strike Defendant's affirmative defense (Dkt. No. 31) is DENIED; and the Court further
ORDERS that Plaintiff's motion to exclude the opinions and testimony of Defendant's two biomechanical experts (Dkt. No. 34) is DENIED; and the Court further
ORDERS that counsel for both parties shall be available for a telephone conference on June 21, 2012 at 10:30 a.m.,to discuss a date for the trial of this matter. Defendant's counsel shall initiate the call using a professional conferencing service; and the Court further
ORDERS that the Clerk of the Court shall serve a copy of this Memorandum-Decision and Order on the parties in accordance with the Local Rules.
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Press Operator II-Gannett Publishing Services/Jackson, TN
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N.Y. Bomb Suspect Apprehended
The alleged mastermind of the World Trade Center bombing was in custody Wednesday in New York after two years as a fugitive.
Ramzi Yousef was arrested in Pakistan on Tuesday and flown to New York later in the day, U.S. Attorney General Janet Reno said Wednesday.
Yousef was the alleged mastermind behind the Feb. 26, 1993, bombing at the 110-story twin towers - the world's second-tallest buildings. The explosion killed six people, injured more than 1,000 and caused $500 million in damage.
The U.S. government posted a $2 million reward for the return of Yousef, who fled for Iraq hours after the blast. It was not immediately clear who, if anyone, would collect the reward. No details were provided immediately on how Yousef was found and apprehended.
President Clinton said Wednesday he wants to thank "all involved in this important process. This arrest is a major step forward in the fight against terrorism."
Yousef was indicted on 11 counts related to the bombing. He allegedly had come to the United States in September 1992 with plans to bomb a U.S. target.


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