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Villa Penelope in Camposol, Mazarron, Costa Calida / Murcia, Spain - Quiet Location On Golf Estate, Elevated Position Looking Towards The Mountains
The open plan accommodation has a large comfortable lounge/dining room with leather sofas, freesat UK TV, 39"LED Flat screen TV, DVD player and Hifi. FREE WIFI internet service. The dining room seats 6 people and a large arch leads into the fully equipped kitchen with washing machine, dishwasher, fridge freezer, microwave, toaster and all the other items necessary. Also on the same floor are the two double bedrooms and two bathrooms. A good quality blow up mattress is supplied for additional sleepers. A covered terrace is at the front of the house with comfy sofas and a table and chairs, facing south west to catch the last rays of the sun as it sets over the hills. Perfect to eat and drink al fresco in the evenings. Villa Penelope is set in its own large, well kept gardens set mainly to gravel which get the sun until quite late in the evening and are well equipped for relaxing or playing. The centrepiece is the large completely private pool which is immaculately maintained for maximum enjoyment. The area around the pool has a non slip tile surface for safety but the pool itself is unsupervised and guests need to take adequate precautions if non swimmers and small children are in the holiday group. The drive can easily park 3 or more cars off road. The pool is larger than average as the villa owner is a keen swimmer! A welcome pack can be provided at reasonable charge. (payable locally). We can arrange airport transfers if required (payable locally). Our managing agent lives in close proximity for guests convenience and peace of mind. A "little tykes" travel cot is available at 10 Euro per week (payable locally). High-chair hire is available at 10 euros per week (payable locally). Or hire both high chair and cot for 15 Euro per week (payable locally). Want a night out without the kids? - Babysitting service available. FREE WIFI.
Top Traveller Review
About the Owner
Hello, I am Paul Bradbury and I have been living here in this lovely little corner of Spain with my wife Marie and daughter Siobhan since May 2008 when I was 54. We moved here from Cannock in the Midlands for a more relaxed lifestyle, and so far it has turned out as just that!
Guestbook comments from the owner
We stayed in this villa for a week this April. It is very comfortable and has everything you could wish for. Exceptionally well equipped and lovely pool and views of the mountains. There is a lovely shaded area at the side of the pool with a gazebo and table and chairs. the balcony has the evening / afternoon sun so ideal for drinks and dinner. Would highly recommend. Mazzaron Port has lots of lovely restaurants and is buzzing. Beautiful Marina and beach.
nous avons été enchanté par la maison . Elle est très bien équipée et très propre .Bien située
mais un véhicule est quand mème nécessaire . Et alors la piscine c est le top !!!! Je n hésiterais pas a recommander la maison a des amis et mème a y retourner
The villa is perfect for a self-catering holiday. It is set in a quiet location with distant views of the hills. The pool and BBQ area are perfect for al fresco living.
2 Reviews
2 holidaymaker reviews
This is the second time I have stayed in Villa Penelope and I will definitely be returning. The facilities and customer service are outstanding which added to making our overall holiday experience the best we have ever had. On arrival the villa was presented to us in immaculate condition which meant we could get straight into relaxing and enjoying our holiday. The pool and pool area were immaculate and we enjoyed spending our days by the pool relaxing. The villa has all the facilities needed for a perfect stay and I would definitely recommend to all my family and friends. The agent, Paul, was extremely helpful throughout our stay which made the experience even more enjoyable. We hired a car during our stay and particularly enjoyed visiting the port where there are so many nice bars and restaurants, including El Faro which is definitely worth a visit. On Camposol itself there are many nice restaurants and bars on sectors A and B and we particularly enjoyed Flavours on Sector A along with the karaoke at Vista bar.
Una casa muy grande muy bien equipada la piscina es maravillosa
Se la recomiendo a todo el mundo
el trato con Paul asido excelente
Activity and Interests
Most of the local beaches are blue flag and cleaned every morning, the nearest being Puerto de Mazarron, 15 mins drive away. There are so many that you can sit on a different beach every day for 2 weeks, some busy in Summer and some virtually deserted.
Nearest airports Murcia (45 mins) Alicante (75 mins)
Car hire not strictly essential but highly recommended for shopping and seeing the area properly. Hire direct from the airport as it's cheaper.
Mazarron, 10 mins drive, small Spanish market town.
Puerto de Mazarron, 15 mins drive, beautiful seaside resort town, still very Spanish with loads of cafes, bars, restaurants and shops.
Murcia City, 45 mins drive, capital city of the region with great shopping and sightseeing. Also waterpark and zoo combined.
Cartagena, 30 mins drive, ancient city of Hannibal and the Romans, full of history (and great shops!)
Vera, Waterpark 75 mins drive.
Further Details:
Camposol - Situated 12kms from the lovely beaches of Mazarron, a superb inland village has been created with supermarkets, restaurants, bars and shops. There is a 18 hole golf course. At the golf course you will also find a luxury clubhouse which has weekend entertainment and the driving range where a bucket of balls costs a modest €1.
Watersports, fishing and tennis all available locally. Bike and mountain bike hire available locally. Go kart circuit and tenpin bowling alley in Puerto de Mazarron.
Mazarron is a small Spanish town and is situated 25 miles from Murcia. Puerto de Mazarron has superb sandy beaches and secluded coves, a harbour and a marina. There are restaurants and bars but no chip shops or fast food take-away. Apart from tourism, the region is famous for farming and agriculture. Sports - Mazarron is one of the most important tourist centres for marine and sub-aquatic activities in Spain. The frequency of prevailing winds throughout the year in the Bay of Mazarron means sailing instruction and practice can be undertaken at any time of the year.Furthermore, the clear waters and rich flora and fauna offer the diving enthusiast some highly interesting underwater depths.
But Mazarron is not only sea, but also air - you can go hang-gliding and enjoy some unique views, and land: climb jagged mountains from whose peaks you can see the warmest beaches, follow paths on foot, by bicycle or on horseback through ever changing scenery. Mazarron is not just peace and relaxation. If you like adventure sports and being close to nature, you are at the right place.
Sierra Espuna - To the north of Mazarron, through Totana or Alhama, you will find the beautiful national park, Sierra Espuna. The drive can be daunting but the views are spectacular and along the journey you will find a few small bars and restaurants serving good quality and reasonably priced food. There are a number of walks signposted and if you are lucky, you will see some wild boar and red squirrels.
Rental rates
|Rental Period
|Minimum Price
|Additional Nights
|Weekend Night
|Event Price
My Standard Rate
7 night minimum stay
for 7 nights
Additional pricing information
|No additional mandatory fees
Booking Notes:
25% deposit secures your booking with the balance due 4 weeks before you travel.
We accept PayPal, Debit/Credit cards through PayPal, bank transfer to our UK bank or cheques.
Changeover Day:
We have no changeover day, preferring to be flexible on arrivals and departures.
Owner's Cancellation Policy
- 50% refund for cancellations more than 14 days before check-in date.
- 100% refund for cancellations more than 30 days before check-in date.
- 12
- Available arrival
- 12
- Available
- 12
- Unavailable
Property Type
- villa
- children welcome
- non smoking only
- pets considered
- wheelchair inaccessible
Location Type
- mountain
- near the sea
- resort
- rural
- town
- bay
- churches
- marina
- museums
- naturist beach
- restaurants
- ruins
- theme parks
- water parks
- winery tours
- zoo
Leisure Activities
- beachcombing
- bird watching
- gambling casinos
- horse riding
- outlet shopping
- scenic drives
- sight seeing
- walking
Local Services & Businesses
- ATM/bank
- Babysitter
- fitness centre
- groceries
- laundrette - serviced
- medical services
Sports & Adventure Activities
- cycling
- golf
- mountain biking
- mountain climbing
- mountaineering
- pier fishing
- sailing
- diving
- snorkelling
- bay fishing
- surf fishing
- swimming
- tennis
- Bathroom 1 - Toilet, Bath (no shower), Shower Enclosure, Bidet
- Bathroom 2 - Toilet, Bath (no shower), Shower Enclosure, Bidet
- En suite to double bedroom, bath, wc, bidet and bath with shower over. Family bathroom, shower, wc, bidet.
- 2 Bedrooms, Sleeps 6
- Bedroom 1
- Bedroom 2
- Description of sleeping capacity: Sleeps 6 (2 Bedrooms) Notes on bedrooms: Bedroom 1 with double bed Bedroom 2 with 2 single beds Inflatable double bed for use in lounge.
Learn more about this holiday rental at the owner's website
- Outside: Villa Penelope is set in its own large, well kept gardens set mainly to gravel which get the sun until quite late in the evening and are well equipped for relaxing or playing. The centrepiece is the large completely private pool which is immaculately maintained for maximum enjoyment. The area around the pool has a non slip tile surface for safety but the pool itself is unsupervised and guests need to take adequate precautions if non swimmers and small children are in the holiday group. The drive can easily park 3 or more cars off road. The pool is larger than average as the villa owner is a keen swimmer! Cleaning / Towels / Linen / Maid service: Bed linen, bath and hand towels (but not beach towels) are included. Final clean is included in price. Other: The dining room seats 6 people and a large arch leads into the fully equipped kitchen with washing machine, dishwasher, fridge freezer, microwave, toaster and all the other items necessary.

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decided: June 4, 1951.
COLLINS ET ALv.HARDYMAN ET AL.
Vinson, Black, Reed, Frankfurter, Douglas, Jackson, Burton, Clark, Minton
[ 341 U.S. Page 652]
MR. JUSTICE JACKSON delivered the opinion of the Court.
This controversy arises under 8 U. S. C. § 47 (3), which provides civil remedies for certain conspiracies.*fn1 A motion to dismiss the amended complaint raises the issue of its sufficiency and, of course, requires us to accept its well-pleaded facts as the hypothesis for decision.
[ 341 U.S. Page 653]
Its essential allegations are that plaintiffs are citizens of the United States, residents of California, and members or officers of a voluntary association or political club organized for the purpose of participating in the election of officers of the United States, petitioning the national government for redress of grievances, and engaging in public meetings for the discussion of national public issues. It planned a public meeting for November 14, 1947, on the subject, "The Cominform and the Marshall Plan," at which it was intended to adopt a resolution opposing said Marshall Plan, to be forwarded, by way of a petition for the redress of grievances, to appropriate federal officials.
The conspiracy charged as being within the Act is that defendants, with knowledge of the meeting and its purposes,
[ 341 U.S. Page 654]
entered into an agreement to deprive the plaintiffs, "as citizens of the United States, of privileges and immunities, as citizens of the United States, of the rights peaceably to assemble for the purpose of discussing and communicating upon national public issues . . . ." And further, "to deprive the plaintiffs as well as the members of said club, as citizens of the United States, of equal privileges and immunities under the laws of the United States . . . ." This is amplified by allegations that defendants knew of many public meetings in the locality, at which resolutions were adopted by groups with whose opinions defendants agreed, and with which defendants did not interfere or conspire to interfere. "With respect to the meeting aforesaid on November 14, 1947, however, the defendants conspired to interfere with said meeting for the reason that the defendants opposed the views of the plaintiffs . . . ."
In the effort to bring the case within the statute, the pleader also alleged that defendants conspired "to go in disguise upon the highways" and that they did in fact go in disguise "consisting of the unlawful and unauthorized wearing of caps of the American Legion." The District Court disposed of this part of the complaint by holding that wearing such headgear did not constitute the disguise or concealment of identity contemplated by the Act. Plaintiffs thereupon abandoned that part of the complaint and do not here rely upon it to support their claims.
The complaint then separately sets out the overt acts of injury and damage relied upon to meet the requirements of the Act. To carry out the conspiracy, it is alleged, defendants proceeded to the meeting place and, by force and threats of force, did assault and intimidate plaintiffs and those present at the meeting and thereby broke up the meeting, thus interfering with the right of the plaintiffs to petition the Government for
[ 341 U.S. Page 655]
redress of grievances. Both compensatory and punitive damages are demanded.
It is averred that the cause of action arises under the statute cited and under the Constitution of the United States. But apparently the draftsman was scrupulously cautious not to allege that it arose under the Fourteenth Amendment, or that defendants had conspired to deprive plaintiffs of rights secured by that Amendment, thus seeking to avoid the effect of earlier decisions of this Court in Fourteenth Amendment cases.
The complaint makes no claim that the conspiracy or the overt acts involved any action by state officials, or that defendants even pretended to act under color of state law. It is not shown that defendants had or claimed any protection or immunity from the law of the State, or that they in fact enjoyed such because of any act or omission by state authorities. Indeed, the trial court found that the acts alleged are punishable under the laws of California relating to disturbance of the peace, assault, and trespass, and are also civilly actionable.*fn2
[ 341 U.S. Page 656]
The District Judge held that the statute does not and cannot constitutionally afford redress for invasions of civil rights at the hands of individuals, but can only be applied to injuries to civil rights by persons acting pursuant to or under color of state law.*fn3 In reversing the District Court's dismissal of the complaint, the Court of Appeals for the Ninth Circuit held otherwise, one judge dissenting.*fn4 The Court of Appeals for the Eighth Circuit, in Love v. Chandler, 124 F.2d 785, has ruled in accord with the District Judge and the dissenting Court of Appeals Judge here.*fn5 To resolve the conflict, we granted certiorari.*fn6
This statutory provision has long been dormant. It was introduced into the federal statutes by the Act of April 20, 1871, entitled, "An Act to enforce the Provisions of the Fourteenth Amendment to the Constitution of the United States, and for other Purposes."*fn7 The Act was among the last of the reconstruction legislation to be based on the "conquered province" theory which prevailed in Congress for a period following the Civil War. This statute, without separability provisions, established the civil liability with which we are here concerned as well as other civil liabilities, together with parallel criminal liabilities. It also provided that unlawful combinations and conspiracies named in the Act might be deemed rebellions, and authorized the President to employ the militia to suppress them. The President was also authorized to suspend the privilege of the writ of habeas corpus. It prohibited any person from being a federal grand or
[ 341 U.S. Page 657]
petit juror in any case arising under the Act unless he took and subscribed an oath in open court "that he has never, directly or indirectly, counseled, advised, or voluntarily aided any such combination or conspiracy." Heavy penalties and liabilities were laid upon any person who, with knowledge of such conspiracies, aided them or failed to do what he could to suppress them.
The Act, popularly known as the Ku Klux Act, was passed by a partisan vote in a highly inflamed atmosphere. It was preceded by spirited debate which pointed out its grave character and susceptibility to abuse, and its defects were soon realized when its execution brought about a severe reaction.*fn8
The provision establishing criminal conspiracies in language indistinguishable from that used to describe civil conspiracies came to judgment in United States v. Harris, 106 U.S. 629.*fn9 It was held unconstitutional. This decision was in harmony with that of other important decisions during that period*fn10 by a Court, every member of
[ 341 U.S. Page 658]
which had been appointed by President Lincoln, Grant, Hayes, Garfield or Arthur -- all indoctrinated in the cause which produced the Fourteenth Amendment, but convinced that it was not to be used to centralize power so as to upset the federal system.
While we have not been in agreement as to the interpretation and application of some of the post-Civil War legislation,*fn11 the Court recently unanimously declared, through the Chief Justice:
"Since the decision of this Court in the Civil Rights Cases, 109 U.S. 3 (1883), the principle has become firmly embedded in our constitutional law that the action inhibited by the first section of the Fourteenth Amendment is only such action as may fairly be said to be that of the States. That Amendment erects no shield against merely private conduct, however discriminatory or wrongful."*fn12
And MR. JUSTICE DOUGLAS, dissenting, has quoted with approval from the Cruikshank case, "'The fourteenth amendment prohibits a State from denying to any person within its jurisdiction the equal protection of the laws; but this provision does not, any more than the one which precedes it . . . add anything to the rights which one citizen has under the Constitution against another.' 92 U.S. at pp. 554-555." And "'The only obligation resting upon the United States is to see that the States do not deny the right. This the amendment guarantees, but no more. The power of the national government is limited to the enforcement of this guaranty.'" He summed up: "The Fourteenth Amendment protects the individual against state action, not against wrongs done by individuals. . . . "*fn13
[ 341 U.S. Page 659]
It is apparent that, if this complaint meets the requirements of this Act, it raises constitutional problems of the first magnitude that, in the light of history, are not without difficulty. These would include issues as to congressional power under and apart from the Fourteenth Amendment, the reserved power of the States, the content of rights derived from national as distinguished from state citizenship, and the question of separability of the Act in its application to those two classes of rights. The latter question was long ago decided adversely to the plaintiffs. Baldwin v. Franks, 120 U.S. 678. Before we embark upon such a constitutional inquiry, it is necessary to satisfy ourselves that the attempt to allege a cause of action within the purview of the statute has been successful.
The section under which this action is brought falls into two divisions. The forepart defines conspiracies that may become the basis of liability, and the latter portion defines overt acts necessary to consummate the conspiracy as an actionable wrong. While a mere unlawful agreement or conspiracy may be made a federal crime, as it was at common law,*fn14 this statute does not make the mere agreement or understanding for concerted action which constitutes the forbidden conspiracy an actionable wrong unless it matures into some action that inflicts injury. That, we think, is the significance of the second division of the section.
The provision with reference to the overt act will bear repeating, with emphasis supplied: ". . . In any case of conspiracy set forth in this section, if one or more persons engaged therein do, or cause to be done, any act in furtherance of the object of such conspiracy, whereby another
[ 341 U.S. Page 660]
is injured in his person or property, or deprived of having and exercising any right or privilege of a citizen of the United States, the party so injured or deprived may have an action for the recovery of damages . . . ."
In the light of the dictum in United States v. Cruikshank, 92 U.S. 542, 552, we assume, without deciding, that the facts pleaded show that defendants did deprive plaintiffs "of having and exercising" a federal right which, provided the defendants were engaged in a "conspiracy set forth in this section," would bring the case within the Act.
The "conspiracy" required is differently stated from the required overt act and we think the difference is not accidental but significant. Its essentials, with emphasis supplied, are that two or more persons must conspire (1) for the purpose of depriving any person or class of persons of the equal protection of the laws, or of equal privileges and immunities under the law ; or (2) for the purpose of preventing or hindering the constituted authorities from giving or securing to all persons the equal protection of the laws; or (3) to prevent by force, intimidation, or threat, any citizen entitled to vote from giving his support or advocacy in a legal manner toward election of an elector for President or a member of Congress; or (4) to injure any citizen in person or property on account of such support or advocacy. There is no claim that any allegation brings this case within the provisions that we have numbered (2), (3), and (4), so we may eliminate any consideration of those categories. The complaint is within the statute only if it alleges a conspiracy of the first described class. It is apparent that this part of the Act defines conspiracies of a very limited character. They must, we repeat, be "for the purpose of depriving. . . of the equal protection of the laws, or of equal privileges and immunities under the laws." (Italics supplied.)
[ 341 U.S. Page 661]
Passing the argument, fully developed in the Civil Rights Cases, that an individual or group of individuals not in office cannot deprive anybody of constitutional rights, though they may invade or violate those rights, it is clear that this statute does not attempt to reach a conspiracy to deprive one of rights, unless it is a deprivation of equality, of "equal protection of the law," or of "equal privileges and immunities under the law." That accords with the purpose of the Act to put the lately freed Negro on an equal footing before the law with his former master. The Act apparently deemed that adequate and went no further.
What we have here is not a conspiracy to affect in any way these plaintiffs' equality of protection by the law, or their equality of privileges and immunities under the law. There is not the slightest allegation that defendants were conscious of or trying to influence the law, or were endeavoring to obstruct or interfere with it. The only inequality suggested is that the defendants broke up plaintiffs' meeting and did not break up meetings of others with whose sentiments they agreed. To be sure, this is not equal injury, but it is no more a deprivation of "equal protection" or of "equal privileges and immunities" than it would be for one to assault one neighbor without assaulting them all, or to libel some persons without mention of others. Such private discrimination is not inequality before the law unless there is some manipulation of the law or its agencies to give sanction or sanctuary for doing so. Plaintiffs' rights were certainly invaded, disregarded and lawlessly violated, but neither their rights nor their equality of rights under the law have been, or were intended to be, denied or impaired. Their rights under the laws and to protection of the laws remain untouched and equal to the rights of every other Californian, and may be vindicated in the same way and with the same effect as
[ 341 U.S. Page 662]
those of any other citizen who suffers violence at the hands of a mob.
We do not say that no conspiracy by private individuals could be of such magnitude and effect as to work a deprivation of equal protection of the laws, or of equal privileges and immunities under laws. Indeed, the post-Civil War Ku Klux Klan, against which this Act was fashioned, may have, or may reasonably have been thought to have, done so. It is estimated to have had a membership of around 550,000, and thus to have included "nearly the entire adult male white population of the South."*fn15 It may well be that a conspiracy, so far-flung and embracing such numbers, with a purpose to dominate and set at naught the "carpetbag" and "scalawag" governments of the day, was able effectively to deprive Negroes of their legal rights and to close all avenues of redress or vindication, in view of the then disparity of position, education and opportunity between them and those who made up the Ku Klux Klan. We do not know. But here nothing of that sort appears. We have a case of a lawless political brawl, precipitated by a handful of white citizens against other white citizens. California courts are open to plaintiffs and its laws offer redress for their injury and vindication for their rights.
We say nothing of the power of Congress to authorize such civil actions as respondents have commenced or otherwise to redress such grievances as they assert. We think that Congress has not, in the narrow class of conspiracies defined by this statute, included the conspiracy charged here. We therefore reach no constitutional questions. The facts alleged fall short of a conspiracy to alter, impair or deny equality of rights under the law, though they do show a lawless invasion of rights for which
[ 341 U.S. Page 663]
there are remedies in the law of California. It is not for this Court to compete with Congress or attempt to replace it as the Nation's law-making body.
The judgment of the Court of Appeals is
183 F.2d 308, reversed.
MR. JUSTICE BURTON, with whom MR. JUSTICE BLACK and MR. JUSTICE DOUGLAS concur, dissenting.
I cannot agree that the respondents in their complaint have failed to state a cause of action under R. S. § 1980 (3), 8 U. S. C. § 47 (3).
The right alleged to have been violated is the right to petition the Federal Government for a redress of grievances. This right is expressly recognized by the First Amendment and this Court has said that "The very idea of a government, republican in form, implies a right on the part of its citizens to meet peaceably for consultation in respect to public affairs and to petition for a redress of grievances." United States v. Cruikshank, 92 U.S. 542, 552, and see In re Quarles and Butler, 158 U.S. 532, 535. The source of the right in this case is not the Fourteenth Amendment. The complaint alleges that petitioners "knowingly" did not interfere with the "many public meetings" whose objectives they agreed with, but that they did conspire to break up respondents' meeting because petitioners were opposed to respondents' views, which were expected to be there expressed. Such conduct does not differ materially from the specific conspiracies which the Court recognizes that the statute was intended to reach.
The language of the statute refutes the suggestion that action under color of state law is a necessary ingredient of the cause of action which it recognizes. R. S. § 1980 (3) speaks of "two or more persons in any State or Territory" conspiring. That clause is not limited to state
[ 341 U.S. Page 664]
officials. Still more obviously, where the section speaks of persons going "in disguise on the highway . . . for the purpose of depriving . . . any person or class of persons of the equal protection of the laws," it certainly does not limit its reference to actions of that kind by state officials. When Congress, at this period, did intend to limit comparable civil rights legislation to action under color of state law, it said so in unmistakable terms. In fact, R. S. § 1980 (3) originally was § 2 of the Act of April 20, 1871, and § 1 of that same Act said "That any person who, under color of any law, statute, ordinance, regulation, custom, or usage of any State, shall subject . . . any person within the jurisdiction of the United States to the deprivation of any rights, privileges, or immunities secured by the Constitution of the United States, shall . . . be liable to the party injured . . . ." (Emphasis added.) 17 Stat. 13.
Congress certainly has the power to create a federal cause of action in favor of persons injured by private individuals through the abridgment of federally created constitutional rights. It seems to me that Congress has done just this in R. S. § 1980 (3). This is not inconsistent with the principle underlying the Fourteenth Amendment. That amendment prohibits the respective states from making laws abridging the privileges or immunities of citizens of the United States or denying to any person within the jurisdiction of a state the equal protection of the laws. Cases holding that those clauses are directed only at state action are not authority for the contention that Congress may not pass laws supporting rights which exist apart from the Fourteenth Amendment.
Accordingly, I would affirm the judgment of the Court of Appeals.
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Navy Seaman Recruit Kewonn M. Jones, son of Sandra R. Jones, of Richmond, recently completed U.S. Navy basic training at Recruit Training Command in Great Lakes, Ill. During the eight-week program, Kewonn completed a variety of training which included classroom study and practical instruction on naval customs, first aid, firefighting, water safety and survival, shipboard and aircraft safety and physical fitness. The capstone event of boot camp is "Battle Stations," an exercise that gives recruits the skills and confidence they need to succeed in the fleet. "Battle Stations" is designed to galvanize the basic warrior attributes of sacrifice, dedication, teamwork and endurance in each recruit through the practical application of basic Navy skills and the core values of Honor, Courage and Commitment. Its distinctly ''Navy'' flavor was designed to take into account what it means to be a Sailor. Kewonn is a 2002 graduate of Highland Springs High School.
Rebecca Hope Lessem, of Glen Allen, recently graduated from the University of Wisconsin-Madison in Madison, Wis. Lessem received a doctorate degree in philosophy/economics.
The following Washington & Lee students recently were named to the dean's list for the fall 2011 semester: Shannon Cusack, of Glen Allen; and Elizabeth Crenshaw, Elizabeth Crittenden, Mary Virginia Long, Ann Moore, William Thompson, Anne Watlington and Justin Welch, of Richmond. To be eligible for the dean's list, students must earn a grade point average of 3.4 or higher.
Margaret Thomas, of Richmond, recently was named to the honor roll for the fall 2011 semester at Washington & Lee University in Lexington, Va. To be eligible for the honor roll, students must earn a grade point average of 3.75 or higher.
Marie DeCarie Kuzemchak, of Glen Allen, recently was named to the dean's list for the fall 2011 semester at Washington University in St. Louis, Mo. To be eligible for the dean's list, students must earn a grade point average of 3.5 or higher. Kuzemchak is a graduate of Maggie L. Walker Governor's School.
Michael Stella, of Richmond, recently was named to the dean's list for the fall 2011 semester at Bentley University in Waltham, Mass. To be eligible for the dean's list, students must earn a grade point average of 3.3 or higher.
David Salisbury, assistant professor of geography and the environment at the University of Richmond, recently was awarded an $8,000 grant from the Pan American Institute of Geography and History (PAIGH) to organize and lead a one-week workshop in Pucallpa, Peru this spring. The workshop will bring together representatives from Acre, Brazil and Ucayali, Peru, the two countries containing the largest portion of the Amazon River basin. Salisbury hopes they will formalize an agreement to share cartographic data, apply participatory mapping and build an integrated formal map of the region. Salisbury has taught at Richmond since 2007, after completing his Ph.D. at the University of Texas at Austin. He also held a 2010 Fulbright Scholar Award at the Universidad Nacional de Ucayali (UNU) in Peru, where he has been an honorary professor for four years.
The following Randolph-Macon College students recently were named to the dean's list for the fall 2011 semester: Morgan Farrar, Mary Mooberry, Raymond Ruybe and Cherelle Williams, of Richmond; and Rebecca Astruc, Michael Baldwin, Vincent Combs, Kristen Gehlich, Laura Hazelwood, Audrey Hester, Sarah Maxwell, Sarah Parsons (daughter of Mr. Steven Parsons, III), Sarah Parsons (daughter of Mr. and Mrs. Paul Bowles), Lucien Roberts, Alyssa Saraniti and Courtney Wade, of Glen Allen. To be eligible for the dean's list, students must earn a grade point average of 3.25 or higher.
project:HOMES' 'Renew Crew' helps Henrico citizen
Citizen Staff Reports 12/01/2016
The project:HOMES "Renew Crew" (above) recently assisted an elderly member of the Laurel Presbyterian Church in Henrico by clearing brush, trimming hedges and raking leaves in her yard.
The Renew Crew serves low-income, disabled and elderly homeowners in need of small-scale home repairs such as porch, railing and step repairs, exterior painting, clearing overgrown yards, tearing down outbuildings, wheelchair ramps and other critical repairs and accessibility modifications. > Read more.
Alzheimer's Walk raises $436,000
More than 2,000 people participated in the the Alzheimer's Association Greater Richmond Chapter's annual Richmond Walk to End Alzheimer's Nov. 5 at Markel Plaza in Innsbrook. The event raised more than $436,000 for Alzheimer's care, support programs and research.
The event is one of three walks that benefit the Alzheimer's Association of Greater Richmond and is held in celebration of National Alzheimer's Disease Awareness Month and National Family Caregivers Month.
Donations to the Walk to End Alzheimer's will be accepted through the end of the year and can be made at http://www.alz.org/walk. In total, the three walks this year have raised more than $644,344. > Read more.
Weekend Top 10
The past couple of days haven't felt like it, but it's finally December and this weekend is packed with holiday events. Kicking the weekend off is Glorious Christmas Nights' production of "Finding Christmas" at West End Assembly of God. Gayton Baptist Church's annual Jazz Nativity starts tonight. Another annual favorite is tomorrow – the tree lighting at The Cultural Arts Center at Glen Allen. In search of Christmas concerts? The Virginians Barbershop Chorus will present its annual Christmas Show tomorrow at the Collegiate School and the Richmond Choral Society will perform Sunday at Trinity Lutheran Church. For all our top picks this weekend, click here! > Read more.
Henrico to receive third round of pre-K funding
Business in brief
Virginia woman caught with loaded gun at Richmond International Airport checkpoint
Hope by the pound
Henrico Schools to host job fair Dec. 6
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Dec. 1, 2016Click here to read the print edition.
Weekend Top 10
Restaurant Watch
Weekend Top 10
Cultural Arts Center announces winter/spring class schedule
Weekend Top 10
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Obituary – Barbara Veno Scheil
Obituary – Alice Faye Morgan
Obituary – Wanda G. Edmunds
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project:HOMES' 'Renew Crew' helps Henrico citizen
Alzheimer's Walk raises $436,000
'Father Christmas' to provide 15 local dads $100 gift cards for holidays
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Thanksgiving, Part II
Storm woes for e-junkies
'Good old days' were good – for some
- More Opinions
RIR to admit children 12 and younger free next year
Henrico teams win district, state championships
Varina HS to host Basketball Skill Development Academy June 20-23
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Place an Ad | More Classifieds
CalendarThe film "Home Alone" (PG) will play at 7 p.m. Dec. 9 and at 2 p.m. and 7 p.m. Dec. 10 at the Henrico Theatre, 305 E. Nine Mile Rd. Tickets and concessions are $1 and can be purchased at the door. For details, call 328-4491. Full text


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- ReplyAnonymous1: Why did you remove the next couple of scenes where I'm knocking them up? Am I not Dragonborn enough for you!? Well, the blonde chick seems to disagree! In fact, she say's I'm the COOLEST Dragonborn EVER!
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|This is a discussion on Question re: Position Basics within the online poker forums, in the Cash Games section; New Player, First Post, Still Learning I've been reading up on hold'em, and I think I have a basic understanding of the importance of position
Question re: Position Basics
New Player, First Post, Still Learning
I've been reading up on hold'em, and I think I have a basic understanding of the importance of position before the flop. The books I've read, though, make recommendations for pre-flop starting hands that seem to be absurdly intricate, depending upon position, how aggressive the table is, what has happened before you bet, etc.
My impression, though, is that all of this just boils down to a simple consideration: If you are playing a drawing hand, then you want a lot of people in the pot and to get in cheaply yourself. If you have a high pair/high card hand, then you don't want many people in the pot, but you don't mind multiple bets from those who are in. All of the rest about position, previous bets, aggressiveness of the table, etc., are just factors that you consider in trying to predict how many people will stay in the pot.
But maybe this is wrong. Nobody ever seems to put it in such simple terms, so maybe I'm missing something.
Position only factors into postflop betting. The reason that you can play more hands when you will be last to act postflop.
Think about it this way:
If no one bets in front you and you throw out a bet and everyone folds you win money. (You win money)
If someone bets in front of you and you fold because you didn't flop a hand. (you lose less money than you might have acting first)
If you flop a good hand and someone bets in front of you, you can reraise sweetening the pot. (you make more money with your good hands)
As you can see acting last affects the amount of money that you win and lose, thus making it more important.
Also, your analysis of reasons for betting high pairs and calling drawing hands is perfect.
Poker Preflop Mistakes
Poker Preflop Mistakes Part 2 (http://www.cardschat.com/poker-preflop-mistakes-part-2.php)
those articles helped me
re: Poker & Question re: Position Basics
Position is great a great thing in poker to exploit. If you have a tight image and a good feel of a table one move I really like making is stealing small pots from the blinds on the turn.
Lets say there is a small raise with about 3 callers, you being one of the from the small or big blind. If the flop gets checked around and I'm fairly confident the turn brings a blank and nobody has improved to a point of wanting to continue with the hand, you can lead out and bet to steal the pot. If you make this same play with your made hands and draws it keep you unpredictable. Also, most people, I find, would not make that bet without a made hand and it gets read as a missed attempt at a check raise on the flop.
The point I'm trying to make is don't always think of being first to act as a disadvantage, but try to think of ways that position can be exploited from all spots on the table.


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last warning
The Flash shot scenes for episode 222 in downtown Vancouver a few weeks ago.
They used a couple of locations on this night, most notable a building on Melville Street that they have used before (as as Arrow and others.). Later they moved out to the VERY open and public shoot on Burrard Street.
The opening scene. The Melville location had a couple of recognizable names on location. Carlos Valdes was there, along with former Arrow star Katie Cassidy who was dressed a bit differently from her Black Canary days, as she was there to portray the role of "Black Siren" the E2 version of Laurel Lance.
The scene was done inside, so we cant tell you what happened... but everyone that was there managed to meet the pair when they wrapped the scene.
After that, the production moved to the alley behind the building with a scene that had two actresses (which i confused for pretty much everyone on the DC roster at 1 point or another while I was staring at them from a block away, thought girl in red might be Katie Cassidy, then Willa Holland, thought the other girl might be candice Patton, then Malese Jow.) that at this time I dont know who/what role they were playing, seem to be getting chased by a cloaked villain at the end of the alley. At this time I cant say much on what the scene entailed as I suspect a lot of VFX was going to be added in later. If anyone has any insight as to who the two actresses are, or the villian, please let me know so I can credit them properly.
While that alley scene was going on, several of us met Grant Gustin as he left his holding area which was right near the first set, to go to the next location.
I know a lot of people are wondering if we will see Laurel on The Flash full time now that she is dead on Arrow. My feeling was this was a 1 off telling of E2 Laurel. Maybe I'll be wrong, but currently nothing has suggested other than that yet.
The Flash airs Tuesdays on The CW in the U.S. and on CTV in Canada, and this episode will air TOMORROW NIGHT, May 17, 2016.
You can catch all my other blog posts on The Flash filming this season & last HERE.


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Cancer torchbearer Maxine Foulds given free wedding venue
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Maxine Foulds, 35, from Alvaston, Derby, was chosen to run a leg of the Olympic torch relay earlier this year in recognition of her charity fundraising.
Her story moved bosses at Shottle Hall, part of the Chatsworth Estate, to offer their venue for nothing to allow her to tie the knot with fiance Ben Smith-Foulds on Saturday.


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April 23, 2012
LKQ CORPORATION, PLAINTIFF,v.DONALD FENGLER, AN INDIVIDUAL,DEFENDANT.
Plaintiff LKQ Corporation sued Donald Fengler, alleging that Fengler breached his confidentiality, non-competition, and non-solicitation agreement, and violated the Illinois Trade Secrets Act ("ITSA"), 765 ILCS 1065/1, et seq., when he went to work for one of LKQ's competitors, Allied Auto Salvage, Inc. In addition to its three-count complaint [1], LKQ has filed an emergency motion for a temporary restraining order and other relief [6]. For the reasons set forth below, the Court denies LKQ's motion [6].
I. Background
This case involves the aftermarket automobile parts industry, which Plaintiff describes as "highly competitive and subject to intense price competition." (Compl. ¶ 6.) Plaintiff LKQ Corporation is a national supplier of salvage and aftermarket automobile parts to body shops, mechanical repair shops, and other suppliers. Defendant Donald Fengler is a former employee of LKQ who, until recently, worked as an outside buyer for one of LKQ's wholly-owned subsidiaries.
In 2004, Fengler began working as a purchaser for Team Truck Dismantling ("Team Truck"). Team Truck is a California corporation with its principal place of business in California. All of the work that Fengler performed in connection with his Team Truck employment was in California. On September 8, 2011, Pick-Your-Part Auto Wrecking ("Pick-Your-Part"), a wholly-owned subsidiary of LKQ, acquired Team Truck. Pick-Your-Part was and is a California corporation with its principal place of business in California.
Upon Pick-Your-Part's acquisition of Team Truck, Fengler was presented with the "LKQ Corporation Confidentiality, Non-Competition and Non-Solicitation Agreement" ("the Agreement"). The Agreement stated, in part, that "in consideration of Employee's employment by and with [LKQ] or one of its subsidiaries (this Agreement being a condition of such employment), [LKQ] and Employee agree to": (1) keep all confidential information confidential, both during and after employment with LKQ, and return all confidential information to LKQ upon termination of employment for any reason; (2) not compete with any of LKQ's competitors for nine months following termination of employment, and within a 75-mile radius of any LKQ facility in which the employee worked; and (3) not solicit any of LKQ's customers for nine months following termination of employment. The Agreement included both a choice-of-law clause and a forum selection clause. Fengler's boss, Ted Smith, told Fengler that he was required to sign the Agreement as a condition of his continued employment as an outside buyer with Pick-Your-Part. Fengler signed the Agreement in California on September 13, 2011.
As an outside buyer for Pick-Your-Part, Fengler attended auctions, travelled to dealerships, and met with towing companies and auto repair garages to purchase vehicles for the company. As part of his employment, and to assist with his evaluation of vehicles for purchase, Fengler received LKQ's pricing book. LKQ's pricing book contains vehicle grades based on its evaluation of several benchmarks, including the volume of sales of parts from particular vehicles, inventory levels of vehicles, and other factors. LKQ assembled the pricing book using confidential and proprietary information not available in the public domain.
On March 23, 2012, after working for Pick-Your Part for six months, Fengler left the company and immediately began working for Pick-Your-Part's competitor, Allied Auto Salvage, Inc. Allied is a California corporation with its principal place of business in California. All of the work that Fengler performs as an outside buyer for Allied is done in California.
On April 13, 2012, LKQ filed its three-count complaint in this case, alleging breach of the Agreement and violation of the ITSA, and seeking preliminary and permanent injunctive relief. Along with its complaint, LKQ moved for a temporary restraining order under Federal Rule of Civil Procedure 65. In its motion, LKQ requests that the Court enter an order: (1) restraining and enjoining Fengler from competing against LKQ or any of its affiliated companies, within seventy-five miles of LKQ's present or former facilities in Riverside, San Bernardino, and Hesperia, California; (2) restraining and enjoining Fengler from soliciting any LKQ suppliers with which Fengler had business dealings during his employment with LKQ; (3) restraining and enjoining Fengler from using, disclosing, or transmitting LKQ's confidential information; and (4) entering a mandatory injunction that Fengler return all confidential information to LKQ, and ordering him to account for any profits obtained from its use.
In response, Fengler argues that LKQ's motion must fail because LKQ cannot show a likelihood of success on the merits. Specifically, Fengler contends that California, not Illinois, law applies here and that under California law, LKQ has no chance of success on the merits on either of its two claims. Fengler also attests that (1) he destroyed the pricing book at or about the time that he left his employment with Pick-Your-Part; (2) he did not make or keep any copies of the pricing book or provide the book to any other person or entity; and (3) since leaving Pick-Your-Part, he has never used or disclosed to anyone any information from the pricing book, either by consulting the physical manual or from his own recollection.
II. Analysis
A. Personal Jurisdiction
Before reaching the merits of LKQ's motion, the Court will first address Fengler's argument that this Court lacks personal jurisdiction over him. Fengler concedes that a valid forum-selection clause is enough to confer personal jurisdiction. See Heller Fin., Inc. v. Midwhey Powder Co., Inc., 883 F.2d 1286, 1292 n.4 (7th Cir. 1989); Ace Hardware Int'l Holdings, Ltd. v. Masso Expo Corp., 2011 WL 5077686, at *6 (N.D. Ill. Oct. 25, 2011) ("A defendant may waive the ability to challenge personal jurisdiction by consenting to an enforceable forum selection clause."); LKQ Corp. v. Thrasher, 785 F. Supp. 2d 737, 742 (N.D.
Ill. May 23, 2011) ("Waiving objections to personal jurisdiction via a valid forum selection provision renders any examination of the defendant's contacts with the forum state unnecessary."). He argues, however, that the forum-selection clause at issue in this case is invalid for lack of consideration. According to Fengler, because the entity that employed Fengler -- Pick-Your-Part -- is not the entity that extracted the promise that LKQ seeks to enforce, Fengler has not properly consented to jurisdiction in Illinois. Moreover, Fengler contends that the agreement was presented to him as a condition of continued employment at the time that Pick-Your-Part acquired Team Truck and California law prohibits such tactics. See Edwards v. Arthur Andersen LLP, 189 P.3d 285, 292 (Cal. 2008).
Although there are disputed issues of fact as to whether the Agreement and its forum-selection clause are enforceable, the Court need not delve deeply into that thicket at this time. Even assuming for the present exigent circumstances that the Court does have personal jurisdiction over Fengler, LKQ has not presented sufficient evidence to warrant the grant of a temporary restraining order in any event.*fn1
B. Motion for a Temporary Restraining Order
The Court turns to LKQ's motion for a temporary restraining order. Like all forms of injunctive relief, a temporary restraining order is "an extraordinary remedy that should not be granted unless the movant, by a clear showing, carries the burden of persuasion." Mazurek v. Armstrong, 520 U.S. 968, 972 (1997) (emphasis in original). A party seeking a temporary restraining order must demonstrate as a threshold matter that (1) its case has some likelihood of succeeding on the merits; (2) no adequate remedy at law exists; and (3) it will suffer irreparable harm if preliminary relief is denied. Abbott Labs. v. Mead Johnson & Co., 971 F.2d 6, 11 (7th Cir. 1992). If the moving party meets this burden, then the court must consider the irreparable harm that the nonmoving party will suffer if preliminary relief is granted, balancing such harm against the irreparable harm the moving party will suffer if relief is denied. Storck USA, L.P. v. Farley Candy Co., 14 F.3d 311, 314 (7th Cir. 1994). Finally, the court considers the public interest served by granting or denying the relief, including the effects of the relief on non-parties. Id.; see also Credit Suisse First Boston, LLC v. Vender, No. 04 C 7631, 2004 WL 2806191, at *1 (N.D. Ill. Dec. 3, 2004). The court then weighs all of these factors, "sitting as would a chancellor in equity," Abbott, 971 F.2d at 12, and applies a "sliding scale" approach, under which "the more likely plaintiff will succeed on the merits, the less the balance of irreparable harms need favor plaintiff's position." Ty, Inc. v. The Jones Group, 237 F.3d 891, 895 (7th Cir. 2001).
1. Likelihood of Success on the Merits
A party seeking a TRO or a preliminary injunction must demonstrate "that it has a 'better than negligible' chance of success on the merits of at least one of its claims." Girl Scouts of Manitou Council, Inc. v. Girl Scouts of U.S.A., 549 F.3d 1079, 1096 (7th Cir. 2008). This is an "admittedly low requirement." Id.
a. Choice of Law
The parties dispute whether Illinois or California law should govern the analysis of the merits of LKQ's claims. In a diversity case like this one, the Court applies the choice-of-law rules of the forum state to determine which state's substantive law will govern. See ECHO, Inc. v. Whitson Co., 52 F.3d 702, 706 (7th Cir. 1995) (citing Klaxon Co. v. Stentor Elec. Mfg. Co., 313 U.S. 487, 496 (1941)). Illinois courts have adopted the approach set forth in the Restatement (Second) of Conflict of Laws, which provides that a contract's choice-of-law provision will govern unless: "(1) the chosen state has no substantial relationship to the parties or the transaction; or (2) application of the chosen law would be contrary to a fundamental public policy of a state with a materially greater interest in the issue in dispute." Brown and Brown, Inc. v. Mudron, 887 N.E.2d 437, 439-40 (Ill. App. Ct. 3d Dist. 2008) (citing Restatement (Second) of Conflict of Laws, § 187 (1971)).
Here, the Agreement includes a specific choice-of-law provision, identifying the laws of the State of Illinois as the relevant substantive law governing the Agreement. (Compl., Ex. 1 ¶ 7.) Fengler argues that despite the contract's choice-of-law provision, California law applies to both of LKQ's claims because (1) application of Illinois law would contravene California's fundamental policy against non-competition clauses, and (2) under the facts of this case, California has a materially greater interest than does Illinois.
The Court agrees that Illinois courts would apply the substantive law of California to LKQ's breach of contract claim. California has a strong and long-standing public policy that favors open competition over the common law "rule of reasonableness" governing contractual restraints on the practice of a profession, business, or trade. See Edwards, 189 P.3d at 288 (stating that "California settled public policy in favor of open competition" in 1872 with the enactment of Bus & Prof. Code § 16600); Bosley v. Med. Group v. Abramson, 207 Cal. Rptr. 477, 480 (Cal. Ct. App. 2d Dist. 1984) ("At least since 1872, a non-competition agreement has been void unless specifically authorized by [statute]."). Section 16600 of the California Business and Professional Code states that "[e]xcept as provided in this chapter, every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent void."*fn2 In the years since its enactment, California courts "have consistently affirmed that section 16600 evinces a settled legislative policy in favor of open competition and employee mobility." Edwards, 189 P.3d at 288; see also id. at 289 ("[F]ollowing the Legislature, this court generally condemns non-competition agreements."). In 1988, the Seventh Circuit commented that "California is the leading jurisdiction on the other side [of the debate over the enforceability of restrictive employment covenants], treating almost all restrictive agreements, including many trade secret agreements, as interfering with the public's interest in obtaining the benefits of competition." Schlumberger Tech. Corp. v. Blaker, 859 F.2d 512, 516 (7th Cir. 1988). And there does not appear to have been any softening of that position in the years since.
In fact, in 2008, the California Supreme Court reaffirmed this policy, holding that a non-competition agreement, which prohibited an employee from working for or soliciting certain of the employer's clients for limited periods following the employee's termination, was invalid. Edwards, 189 P.3d at 290. The court made clear that "California courts have not embraced the * * * narrow-restraint exception." Id. at 291. The court also expressed its view that "section 16600 represents a strong public policy of the state which should not be diluted by judicial fiat." Id. (quotation omitted). Further, California cases decided after Edwards have expressed doubt as to the continued viability of any trade secret exception that would permit a contractual, rather than a tortuous or statutory, basis to enjoin a former employee's misuse of trade secrets to solicit former customers.*fn3 See, e.g., Ret. Group v. Galante, 98 Cal. Rptr. 3d 585, 593 (Cal. Ct. App. 4th Dist. 2009); Aspect Software, Inc. v. Barnett, 787 F. Supp. 2d 118, 127 n.6 (D. Mass. 2011) (recognizing that "some California courts have questioned the vitality of the * * * line of cases defining the trade secrets exception to Section 16600"). In light of Edwards, it is clear that the Illinois courts would conclude that California's public policy against restraints on employment are strong enough and of such a fundamental nature as to "justify overriding the chosen law of the parties." Potomac Leasing Co. v. Chuck's Pub Inc., 509 N.E.2d 751, 753-54 (Ill. 1987).
California also has a materially greater interest in this case than does Illinois. Fenger is a resident of California and has been all of his life. He has never travelled to Illinois, nor has he ever conducted any business here. Fenger was employed by Team Truck, a California company with its principal place of business in California. All of the work that Fenger did for Team Truck was in California. The company that acquired Team Truck -- Pick-Your-Part -- is also a California corporation with its principal place of business in California. All of the work that Fenger did for Pick-Your-Part also took place in California. Finally, the company that currently employs Fenger -- Allied -- is a California corporation with its principal place of business in California. All of the work that Fenger has done and will do for Allied is in California. The fact that Pick-Your-Part is wholly-owned by LKQ, which has its principal place of business in Illinois, and the fact that the Agreement was drafted in Illinois does give Illinois some interest in this case. But California's interest is materially greater. Indeed, it would be odd to use Illinois law to resolve a California-centered dispute between two California companies over a California employee about events that transpired in California. In sum, because California has, as a matter of fundamental public policy, "chosen to provide its workers greater protections" from non-competition provisions, and because California "has a materially greater interest in this dispute than does" Illinois, the Court concludes that California law applies to LKQ's contractual claims. See Brown and Brown, Inc., 887 N.E.2d at 440.
LKQ's claim under the ITSA may also be contrary to California's fundamental public policy. At least one California court has held that the doctrine of inevitable disclosure "is contrary to California law and policy because it creates an after-the-fact covenant not to compete restricting employee mobility." Whyte v. Schlage Lock Co., 125 Cal. Rptr. 2d 277 (Cal. Ct. App. 4th Dist. 2002). LKQ insists that its ITSA claim does not rest solely on that doctrine. But, as explained below, the Court is not persuaded -- at least based on the current record -- that LKQ's allegations of actual misappropriation of trade secrets rises above the speculative level. Accordingly, the Court concludes that LKQ has not met its burden of showing at least some likelihood of success on the merits under either California or Illinois law and need not definitively resolve which state's law applies to the ITSA claim at this time.
b. Merits of LKQ's claims
Because restrictions on an employee's profession, trade, or business are void under California law, the Court concludes that LKQ has not met its burden of establishing a likelihood of success on the merits. Even assuming that Edwards has left open the possibility of an exception for restrictions based on the protection of trade secrets, LKQ has not made a sufficiently clear showing that Fengler is using trade secrets to warrant the entry of a temporary restraining order. Despite Fengler's protestations, LKQ contends that something suspicious is going on. But suspicion is not enough to warrant the extraordinary relief of a temporary restraining order. LKQ's allegations are speculative at this point and are contradicted by the affidavit that Fengler has submitted. In short, the facts before the Court are not enough for a clear showing that Fengler is using or will use LKQ's trade secrets.
LKQ's claim under the ITSA fails for the same reason. To prevail on a claim under the ITSA, LKQ must establish that the information at issue was (1) a trade secret, (2) that Fengler misappropriated the information, and (3) that he used it in his business. See Strata Marketing, Inc. v. Murphy, 740 N.E.2d 1166, 1176 (Ill. App. Ct. 1st Dist. 2000). Under Section 2(d) of the Act (765 ILCS 1065/2(d)), a trade secret is defined as follows:
[I]nformation, including but not limited to, technical or non-technical data, a formula, pattern, compilation, program, device, method, technique, drawing, process, financial data, or list of actual or potential customers or suppliers, that:
(1) is sufficiently secret to derive economic value, actual or potential, from not being generally known to other persons who can obtain economic value from its disclosure or use; and (2) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy or confidentiality.
In determining whether a trade secret exists, Illinois courts also have looked to the following common law factors: (1) the extent to which the information is known outside of the employer's business; (2) the extent to which it is known by employees and others involved in the business; (3) the extent of measures taken by the employer to guard the secrecy of the information; (4) the value of the information to the employer and to his or her competitors; (5) the amount of effort or money expended by the employer in developing the information; and (6) the ease or difficulty with which the information could be properly acquired or duplicated by others. Delta Med. Sys. v. Mid-Am. Med. Sys., Inc., 772 N.E.2d 768, 780 (Ill. App. Ct. 1st Dist. 2002); see also Learning Curve Toys, Inc. v. PlayWood Toys, Inc., 342 F.3d 714, 723 (7th Cir. 2003).
Here, although LKQ harbors suspicions about Fengler's conduct since he left the company, under the facts before it, the Court cannot conclude that LKQ has any non-speculative basis from which the Court could conclude that it has some likelihood of success on the merits even under the "admittedly low" standard that applies. Girl Scouts of Manitou Council, 549 F.3d at 1096. And having determined that LKQ has not shown any likelihood of success on the merits of either of its two claims, the Court denies LKQ's motion for a temporary restraining order [6]. With that said, the Court believes that there are a number of legal and factual issues in this case that remain open for further development, particularly in regard to (1) the extent to which California retains a narrow exception for restrictions based on trade secrets that might apply to LKQ's contract-based claims and (2) LKQ's suspicions that Fengler may be -- contrary to the attestations in his affidavit -- actually misappropriating trade secrets, which may be actionable in contract if such a claim remains viable under California law, or under the ITSA (or any comparable California statute). Because these are potentially meritorious claims that may entitle LKQ to preliminary or permanent injunctive relief, the Court concludes that expedited discovery is appropriate in this case. To that end, the parties are directed to meet and confer and to file by Wednesday, April 25, 2012, a joint status report setting forth a plan for expedited discovery.
The parties are also encouraged to consider whether a settlement conference would be useful. To the extent that the parties' status report suggests that the involvement of Magistrate Judge Cole might be helpful on the discovery or settlement fronts, or both, the Court will make an appropriate referral on an expedited basis.
III. Conclusion
For the foregoing reasons, the Court denies LKQ's motion for a temporary restraining order [6]. The parties are directed to meet and confer and to file by Wednesday, April 25, 2012, a joint status report setting forth a plan for expedited discovery and indicating whether they have mutual interest in an early settlement conference with Magistrate Judge Cole.
Robert M. Dow, Jr. United States District Judge
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No Cook No Egg No Brains Necessary Chocolate Frosting
Total Time
Prep 5 mins
Cook 0 mins
Ingredients Nutrition
- 1⁄4 cup melted butter or 1⁄4 cup margarine
- 1⁄2 cup cocoa
- 1⁄4 teaspoon salt (regular table salt is better in this instance -- not kosher as I usually prefer)
- 1⁄3 cup milk
- 1 1⁄2 teaspoons vanilla
- 3 1⁄2 cups powdered sugar
- Combine butter/margarine, cocoa and salt.
- Add milk and vanilla, stirring well.
- Add sugar and mix until smooth and creamy.
Most Helpful
i loved this recipe! i have never made homemade icing before. It was quick and easy, and tastes REALLY good!!!
This was the best homemade chocolate frosting that I have ever made. It was perfect for my son's birthday cake. It was rich and chocolatey right away, I've had problems with them being a bit grainy until they sat around for a while. I think the key is mixing the melted butter with the cocoa. My only complaint is that it doesn't make enough. I am so glad I was filling the cake with peanut butter frosting or I would have had to make another batch.


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Luann by Greg Evans
- July 13, 2014
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Puddles and Frank both like to watch that educational health show that used to air…. hosted by Slam No-body….
If someone says to another: "Lets get in shape", are they just "wasting their breath"? One can remind them that they already are . After all, round is a shape…….
Does it also mean that if you eat something that's "fat free" that you "have no taste"?
The bottom middle panel is how I feel about all these so called "healthy meals!"
"Fit As A Griddle"
"Full Of Beans"
"Getting A Kick Out Of Kicking Health"
"Pyramids And Plates"
"Health Unconscious"
"See Food Diet"
"Lifestyles Of The Rich And Famous Amos"
"Rabbit Food Is For The Birds"
"Where's The Beef?"
I think that's the first time Puddles has lived up to his name in years, in that bottom panel.
Growing up in the 70s, we had "educational programs" like this one , "Mulligan Stew", this one , "The Inside Story With Slim Goodbody", and a few other shows…..
Good times, good times….
Love Puddles' reaction in the last panel…
Translation: "Aw, man! That ain't fair! Help a fella out… wouldya?"
"humans aren't carnivores despite their delusions."
Of course not. From a purely biological perspective, we are omnivores, eating both vegetable matter and meat.
Our teeth are a hybrid of carnivore and herbivore. Our intestines are longer than carnivores and shorter than herbivores.
The term "generalist" is appropriate for humans.
I've often wondered how good the slop put in dog and cat food is for them. In the wild, dogs and cats eat a minimal amount of vegetable matter, sustaining themselves mostly on animal matter. When a veterinarian says with a straight face that a high phosphorus diet is bad for cats, it's hard not to laugh. Cat diet in the wild and feral cats in our cities is predominantly rodents and they are loaded with phosphorus.
So why are most pet foods mostly vegetable matter?
I would care about my diet and weight and visit the doctor If, said doctor could guarantee absolutely, that I would live forever. They can't so I'll eat as I please, drink as I please until I die… when I die, I die. Over, finis, 'do not resuscitate… and SCREW… The HEALTH CARE / HEALTH FOOD INDUSTRY.
"Or they pee uncontrollably? I'm not sure which."
Hey- maybe for some days, it may seem like it for ol' Frank. Especially if the line in the Men's room at work was a little too long in the day…
And some days, Bad Frank could have had some "bad franks"…..
Puddles is all dog, and very discriminating.
Frank likes ice cream bars.
How much do they have in common? Maybe not too much….
"Brought to you" by…
Smearios….. "The 'O' shape reminds you how many taste buds will know what hit them"….from "General Spills"…
Cheaties… "the Shortcut of Champions!"…
And by…
Birds' sigh Frozen Foods… "Well, somebody's gotta eat it…"
Thanks for the break in the story line.
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Robber gets spanked on buttocks with closed fist
Larry Clifton
Jun 7, 2012 in
- Two armed masked robbers who thought they would take a day's earnings away from Zhen Yang while he was closing his convenience store in Gatineau, Que., were repelled by bear spray and one got his butt pounded, Tuesday.
It was around 10:30 p.m. and Yang was about to lock up and join his family in their upstairs apartment when the two masked men walked up to the counter where both pulled knives and demanded cash, according to a
Sun News
At first, Yang thought the men were joking, but when he saw the blades he knew his life was in danger.
"Nobody takes out a knife to make a joke," he said. "At that point, I got a little bit scared," said Yang using broken English.
Click this link for raw video showing bare-bottom spanking:
this link
On security footage obtained by QMI Agency, Yang seems calm and in control as the men point at the register with their knives. The crooks quickly become agitated as Yang stalls and one crawls over the counter.
In the video, Yang can be seen searching behind him for anything he can use as a defensive weapon.
Suddenly Yang remembered he had stowed a can of bear spray on a shelf years before. Yang is pictured grabbing the gnarly chemical and using it to douse the thieves' faces with the caustic spray. He said his own skin still burns from the mixture which hung heavy in the air.
One thief fled the scene but Yang managed to grab the other. The video shows the second thief, after being sprayed point blank in the eyes, struggling to get back across the counter to escape. But
Yang has hold
of his britches, creating just the perfect target for spanking.
"I need to find something to defend myself, I cannot use my pencil, right?" he told a reporter later.
By this time, Yang's wife and a friend arrive after hearing the commotion on an audio monitor set up in the apartment above. His wife Bi Liang begins kicking the now upside down robber in the face while Yang holds him with one hand and beats on his bare buttocks with his other fist.
Police identified the escaped suspect by interrogating the one detained by the couple and their friend. Both men were arrested for robbery, wearing a disguise and possession of a concealed weapon.
"I hate all robbers," said Bi Lang. "We did the right thing. You come in first to rob my store then to kill my husband, I try to protect myself and my family."
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WB952LED - LED Warning Beacon 12/24V 3 x Bolt Fixing
Supplier: Jack Sealey Ltd | Brand: SEALEY | Product: WB952LED
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Details of WB952LED
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Arc Flash Boundary Infographic
Designed By Joe Hanson
Published: Thursday, December 31, 2015 Updated: Tuesday, November 8, 2016
Published: Thursday, December 31, 2015 Updated: Tuesday, November 8, 2016
The National Fire Protection Association (NFPA) recommends a series of protective boundaries around live electrical equipment. These boundaries, defined in the NFPA 70E standard, provide a simple and effective way to protect workers from the hazards of arc flash and electric shock.
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Möchtest du als deine Standardwährung festlegen oder nur für diese Sitzung behalten?
Everything! Our family (8 people including two very young children) had to fly out of Malpensa Airport early morning. We arrived by bus to the airport from another city. Idea picked us up and brought us to the hotel and then in the morning returned us, free of charge, to airport for our return flight home. The food in the restaurant was great, the people who worked there were wonderful, the price couldn't be beat and the room accomodations were impeccable. Nothing!
Excellent value and location. The place was clean, beds are super comfy, and the food was decent. The staff are very helpful and courteous. We will stay again when flying thru Milan.
Very good condition and modern building. Good location-close to the airport. Clean. Has all the amenities. Shampoos, soap, towels, TV, blow dryer. Friendly people. Air conditioning works good. Free shuttle to the airport and back. The shuttle driver was very helpful and friendly. Good breakfast in a large room with hot food and cakes and fresh fruit, coffee and tea. Friendly staff in the breakfast room. I would go again and stay longer.
Close to the airport. Good only for the connection flights. My room didn't seem adjusted for living: wet wall in the bedroom, strong smell of mould. The hairdryer didn't work.I Tryed to call the reception - the telephone didn't work either. Had to go myself with wet hair.The lady at the recep. Reacted strangely (as if it was absolutely normally). No excuses, of course. The maintanance guy brought me the new hairdryer at least. Quite poor breakfast. The shuttle to/from the ariport goes only within short periods in the early morning morning and late afternoon.
Close to airport Showers didn't work. Not the best beds. Internet did not work
Free shuttle from and to the airport, very proximate to the airport location, friendly staff (which also speaks English), abundant breakfast, spacey rooms. No tea or coffee pot in the room, you have to call the reception to turn on the heating in the room
Close to Milan Malpensa airport. Dinner ordered in the hotel restaurant was good. Free breakfast provided. Air conditioning didn't work in our room. The door didn't lock. WiFi was slow to the point of non-functioning. The hotel shuttle never picked us up from the airport.
Great location and fantastic Italian restaurant only 2 minutes away. I booked 2 triple rooms only to find out that the hotel only has double rooms. Paid extra for 2 triples. Not pleased at all.
Overall great room especially the price. It was a last minute booking when we got to Milan and they even picked us up from the airport and dropped us off the next morning. They also had lovely beds! Comfortable. The wifi didn't work on the top floor and the shower clogged up a bit
The shuttle service, hourly, worked fine. The room and bed were comfortable except for the A/C. Staff was most helpful. The breakfast was superb, considering it was included in the price. In all, a great way to spend your last night in Italy and get to your plane the next day in a relaxed, stress-free and comfortable manner. The A/C was warmer than the setting in the room showed, leaving us too warm for a good part of the evening.
Clean, (american standard) good size rooms. Confortable beds and good shower. Buffet breakfast included in room price had good variety and plentiful. Service was "neutral", cannot be described as friendly.
The shuttle service was great! We were only there 1 night and chose to stay at an airport hotel because we had to catch a morning flight. It wasn't as close to the airport as I imagined. It's 15 minutes feom T1 and 20 from T2.
From the front desk to the restaurant staff, we couldn't ask for better service. If you come here try to find Marika in the restaurant and Honey at the front office. They are amazing. There was also a young man whose name I didn't catch, the morning we left - he loves Russian culture and literature- who is incredibly helpful. The shuttle runs to the airport just about every 30 minutes to take you to the hotel and you reserve it to take you to the airport for your departure every hour. Timely, very clean, delicious food, and modern. I loved it.
Sehr ruhige schallgeschützte Zimmer, schnelle Bearbeitung Restaurantpreise
freundlich und kompetend
Preis-Leistungsverhältnis Bar-Service
Service, Konfort und Dienstleistung Nein
Der Frühstücksraum im Keller ist etwas unpersönlich
ruhige Zimer nein
nichts in der Umgebung
- free shuttel bus to the airport
kostenloser Shuttle!Nähe zum Flughafen. unangenehmer Geruch im Flur (Bohnerwachs)der auch ins Zimmer zog
Very friendly and helpful staff. Excellent customer service Close to Terminal 1. The bus connection between Terminal 1 and 2 is great. Clean hotel, functional, comfortable and just what a traveler needs. The price is right. I will stay there again. We only stayed one night. Arrived at 9 PM and checked out at 6:30 AM. Very helpful and friendly staff.
Clean pleasant reception staff & food staff great price for the location important essentials available light breakfast included,,sufficient, limited selection cereals, danish rolls, coffee, tea, etc. no phone in the room, all was on the web, and when we finally found the message on the web, it said....'WE WOULD RATHER SPEAK TO YOU IN PERSON, SO THERE IS NO PHONE IN THE ROOM: Queen bed only, no king beds, ... asked for 2 twins, but not sure if 2 twins are available either no room service, food was packaged sandwiches/salads & 1 warm dish @ dinner next to the reception area.
Hotel was attractively decorated, front staff was very accommodating to our needs. Room was nice, clean and comfortable for two. Location was great directly across from terminal two with a shuttle going between terminal 1 & 2 every 5 minutes. We also took part in the buffet breakfast for 10 euros each. Which included unlimited milk, coffee, juice. Pastries, cold cereal, fruit, yogurt, and selected slices of cheeses and meats. Definitely would stay again if ever in the area. Cafe choices for food very limited and a little pricey, but convenience is expensive, choices consisted of cold sandwiches, premade" warm up meals and salads.
Close to airport, new and clean, attractively decorated, staff is friendly, attractive cafe on ground level. Very limited food options, hotel has a cafe with expensive sandwiches on the ground floor but no restaurant, check in is a little confusing since cafe is not separated from main hotel.
Clean, stylish, comfortable, with most amenities. Terrific value for an overnight stay. Food options were limited, so if you are looking for a full restaurant, it would disappoint. However, there are salads, sandwiches and so on.
Location is fantastic for an overnight stay. Very professional and classy hotel. Great room. USB charging & plenty of plug points expensive cafe and bar.
The whole hotel is very nice. Modern rooms and bathrooms. You can connect your smartphone or computer to the TV wireless for mirroring or with HDMI cable. WiFi is free. You can get drinks and snacks 24 hours in the lobby. Excellent staff. Excellent price for money. No breakfast included and no mini bar in room.


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As part of a major redesign courtesy of Diller Scofidio + Renfro, the Berkeley Art Museum & Pacific Film Archive, in Berkeley, California, will also unveil a 60-by-25-foot project space devoted to murals called Art Wall, the museum announced today. … Read More
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ERIC Number: ED172702
Record Type: RIE
Publication Date: 1979-Jan-31
Pages: 166
Abstractor: N/A
Reference Count: 0
The Federal 504 Handicapped Access Regulations: A Case Study in Government-Higher Education Relations.
Bailey, Cornelia W.
Development and implementation of the Federal 504 Handicapped Access Regulations of the Rehabilitation Act of 1973 and the relationship between the government and higher education institutions are considered. The legislative history and overview of the regulations, institutional responses to the regulations, problems experienced by institutions with the regulations, and compliance and enforcement are discussed. The regulations are designed to eliminate attitudinal, procedural, and physical barriers confronting handicapped individuals. Field trips and interviews were undertaken with eight institutions, representing the public and private sectors, large and small schools, and urban and rural areas. Information about characteristics of the eight institutions, which are not identified, are included. The cost of compliance, and particularly of structural modifications, was the dominant concern for most institutions. Problem areas for institutions included: technical aspects of the regulations, problems of administration, and problems that relate to providing access. Views of handicapped students, an overview of institutional benefits and burdens from the regulations, and a list of some problem solutions are included. Compliance oversight is through written complaints from either individuals or groups to the Office of Civil Rights. Appendices include questionnaires used in institutional and government interviews and compliance deadlines for the regulations. (SW)
Publication Type: Reports - Evaluative
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers: Rehabilitation Act 1973 (Section 504)
Note: Research prepared in collaboration with the Sloan Commission on Government and Higher Education; Best copy available