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"This insightful and absorbing collection confirms John D'Emilio's stature as the gay and lesbian movement's premier chronicler and analyst. D'Emilio is a rare scholar and activist whose writing is clear and direct. Each essay tells vivid stories, shares wisdom earned through participation and observation—all in an engaging and inclusive voice. This is one of the most interesting collections on contemporary gay and lesbian history yet to be published."—Urvashi Vaid, columnist for The Advocate and long-time activist
The World Turned: Essays on Gay History, Politics, and Cultureby D'Emilio, John D'Emilio, John D'Emilio
Something happened in the 1990s, something dramatic and irreversible. A group of people long considered a moral menace and an issue previously deemed unmentionable in public discourse were transformed into a matter of human rights, discussed in every institution of American society. Marriage, the military, parenting, media and the arts, hate violence, electoral
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Something happened in the 1990s, something dramatic and irreversible. A group of people long considered a moral menace and an issue previously deemed unmentionable in public discourse were transformed into a matter of human rights, discussed in every institution of American society. Marriage, the military, parenting, media and the arts, hate violence, electoral politics, public school curricula, human genetics, religion: Name the issue, and the the role of gays and lesbians was a subject of debate. During the 1990s, the world seemed finally to turn and take notice of the gay people in its midst. In The World Turned, distinguished historian and leading gay-rights activist John D'Emilio shows how gay issues moved from the margins to the center of national consciousness during the critical decade of the 1990s.
In this collection of essays, D'Emilio brings his historian's eye to bear on these profound changes in American society, culture, and politics. He explores the career of Bayard Rustin, a civil rights leader and pacifist who was openly gay a generation before almost everyone else; the legacy of radical gay and lesbian liberation; the influence of AIDS activist and writer Larry Kramer; the scapegoating of gays and lesbians by the Christian Right; the gay-gene controversy and the debate over whether people are "born gay"; and the explosion of attention focused on queer families. He illuminates the historical roots of contemporary debates over identity politics and explains why the gay community has become, over the last decade, such a visible part of American life.
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- 9780822330233
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- Duke University Press Books
- Publication date:
- 10/08/2002
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- 280
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Read an Excerpt
The World TurnedEssays on Gay History, Politics, and Culture
By John D'Emilio
DUKE UNIVERSITY PRESSCopyright © 2002 Duke University Press
All right reserved.
Chapter OneHomophobia and the Course of Post-World War II American Radicalism: The Career of Bayard Rustin
Since the 1970s, gay and lesbian history has emerged as a vibrant new area of knowledge. Combining the inventiveness of the skilled detective with the insight of the finest cultural critic, a relatively small group of historians has opened unexpected startling vistas on the past. Although the better part of the job of recuperating these lost worlds is still to come, enough has been done to justify a heady sense of accomplishment.
While lesbian history has forged strong intellectual tics with women's history and thus travels across the broad terrain mapped by gender studies, the historical literature on male homosexuality, at least that written about the United States, has for the most part remained curiously centered on itself. Not only is it, as one would expect, primarily about men whose erotic desire draws them toward other men, but it also focuses relentlessly on those aspects of their lives in which gayness is central-on the construction of identity, the evolution of urban subcultures and communities, the forging of a political emancipation movement. Even when the literature moves beyond these topics,into areas such as cultural representations and the elaboration of scientific theories of sexuality, the point has generally been to assess how these men have been oppressed.
To characterize the writing of gay American history in this way is not to fault it. It seems almost foreordained that these would be the topics initially to capture attention; they are the ones that most readily could be excavated through scholarly digging. But it is also true that the steady focus on gayness-either gay life or gay oppression-threatens to obscure the bulk of gay historical experience. Most men who desired men did not lead queer-centered social lives, and even those who did would have passed much of their time-in work, politics, worship, voluntary associations, and civic affairs-in nongay contexts. How do we draw this experience into the orbit of gay history? How do we avoid writing a history of marginalized men that, ironically, reproduces the very marginality gay oppression attempts to enforce?
My current project, a biography of Bayard Rustin, did not begin as an exploration in gay history. Rather, I wanted to study the 1960s. Personally, those times still resonate emotionally for me. For better or worse-though I like to think better-I am a product of the 1960s. That decade shaped irrevocably my outlook on life. Intellectually, as someone who regularly teaches courses on the sixties, I have also felt compelled to reexamine that time, as I watch the complex emotional responses of my students. Initially thrilled by the optimism, idealism, and power of the civil rights and student movements, they also become disturbed by what they see as the outcome: a nation spinning out of control, cynical, disillusioned, and fractured into separate identity movements. The sense that I carried away from those years-of a revolutionary moment greater than the sum of its individual parts-seems harder to grasp at the remove of a generation.
Rustin's career, which has not received much play in the writing about post-World War II struggles for peace and justice, caught my attention for a number of reasons. For one, the broad range of his interests offered an opportunity to explore the connections between several movements. Through his work with the Congress of Racial Equality and with A. Philip Randolph in the 1940s, and with Martin Luther King Jr. in the 1950s, Rustin was certainly as responsible as anyone for injecting Gandhian nonviolence into the heart of the struggle for racial equality. He was also at the center of the pacifist circles that kept alive a critique of Cold War militarism, sparked the first demonstrations against the nuclear arms race, and stood ready to mobilize as the Johnson administration escalated the war in Vietnam. Rustin was fiercely internationalist as well. He worked closely with European pacifists, such as those in the Campaign for Nuclear Disarmament in Britain, and, keenly attuned to the historical significance of decolonization, with African liberation leaders such as Kwame Nkrumah of Ghana, Nnamdi Azikiwe of Nigeria, and Kenneth Kaunda of Zambia. To all these efforts, Rustin brought the skills of a master strategist and a compelling vision of revolutionary possibilities. It would not be an exaggeration to claim that, more than anyone else in the postwar era, he was a bridge linking the African American freedom struggle, peace campaigns, and a socialist dream of economic democracy.
Rustin's career also intrigued me because, in the mid-1960s, he proposed a road not taken. During the critical years from 1963 to 1966, as the force of the civil rights movement provoked a wave of support for social and economic reforms not seen since the mid-1930s, Rustin argued that radicals had to engage directly the political process. Just when the line between radical and liberal was opening into an unbridgeable chasm, just when many student radicals were embarking on an eternal romance with street action, Rustin urged a transition "from protest to politics." At the time, militants tended to scorn Rustin's ideas. Many of his longtime associates argued then-and have continued to claim-that Rustin's strategic call was simply one manifestation of a more generalized turn to the right. In retrospect, with our ability to sec how the radical war on liberalism helped to usher in a generation-long conservative hegemony in American politics, his approach seems to me less suspect. Thus, Rustin's career appeared as a promising vehicle for exploring afresh the achievements and failures of the 1960s.
That Rustin was also a gay man, and publicly identified as such in an era when the stigma attached to homosexuality was heavy, was a bonus. But I imagined his sexuality safely contained in the corner labeled "personal life," and saw it raising interesting, but secondary, questions that were not essential to the story of politics I wished to tell.
As my research has progressed, Rustin's sexuality has resisted this ghettoization. It appears, increasingly, inescapable, injecting itself everywhere. I am coming to believe that it molded his public life and shaped the response of others to him and to his ideas. In other words, it occupies not a peripheral but a critical place in Rustin's biography and, by extension, in the history of the 1960s. Rustin's life suggests ways that gay history, by bursting out of its ghetto, can inform new ways of understanding critical moments and core topics in American history.
In the rest of this chapter, I will trace in broad outline Rustin's life and career. Along the way, I will pause to consider the moments when his sexual identity erupted into public view. Finally, I will speculate about the ways that I think his homosexuality shaped his strategic thinking in the mid-1960s, conditioned the reactions of others to him, and propelled, eventually, his alleged turn to the right.
* * *
Bayard Rustin was born in 1912 into an African American family in West Chester, Pennsylvania, a Quaker-settled area that had been a stop on the underground railroad for runaway slaves. His grandmother, Julia, who raised Bayard as her own child, was an early member of the NAACP. Rustin excelled in high school as a scholar, athlete, and singer, and he also displayed a willingness early on to challenge racial discrimination. In the mid-1930s, he made his way to New York City, which remained his home for the rest of his life.
Living in Harlem and attending City College, Rustin found himself in the midst of the unruly politics of Depression-era New York. Along with many Americans of conscience in the 1930s, he was drawn to the Communist Party. Rustin's Quaker beliefs, expressed during these years by participation in work-study projects of the American Friends Service Committee, only added to the attractiveness of the communist movement, for during the Popular Front period the party seemed to be against both war and fascism. Rustin joined the Young Communist League (YCL) and was active in the American Student Union, a major campus-based organization in which communists were influential. Yet, like many others, he eventually found himself alienated by the party's subservience to Moscow. After Hitler's invasion of the Soviet Union in June 1941, YCL leaders told Rustin to stop his activities for racial justice. Rustin broke with the party and remained deeply distrustful of it for the rest of his life.
In the months just before his split with the party, Rustin embarked on two critical political relationships. Earlier in 1941, he had met A. Philip Randolph, the black socialist labor leader who had recently called for an African American march on Washington. With Randolph leading a charge of the black masses, Rustin was naturally attracted to the older, more experienced leader, and he began working in the youth section of the organization. A. J. Muste was the other older radical to whom Rustin was drawn. Muste, whose background included years at Brookwood Labor College in the 1920s and 1930s and involvement with the American Trotskyist movement, had recently become director of the Fellowship of Reconciliation (FOR), the leading Christian-pacifist organization in the United States. He believed pacifists must engage in more than moral witness against injustice; they had to build a movement for permanent change. At Muste's invitation, Rustin joined the Fellowship's staff in September 1941 and stayed for the next twelve years.
It may seem odd to describe the war years as an exciting moment for American pacifists, but such was their characterization of the times. The worldwide conflagration created an elan, an intense solidarity that drove the truest believers to ever greater sacrifices of time and energy. Rustin traveled across the country, speaking to church and student groups, signing up new members, and visiting the relocation camps where Japanese Americans were incarcerated. For Rustin, a good bit of the promise of this first paying job as an agent of social change came from the knowledge that he was breaking new ground. Along with James Farmer and George Houser, two other young staff members of the FOR, Rustin was expanding the group's mission into the field of race relations. They were building a new interracial organization, the Congress of Racial Equality (CORE), dedicated to the application of Gandhian techniques to the struggle for racial equality. During the 1940s, they conducted training workshops and embarked on action projects, desegregating restaurants, drugstore lunch counters, skating rinks, and theaters. Rustin also served as the FOR's liaison to Randolph's March on Washington organization. Here was an authentic working-class vehicle, and Rustin strove to inject Gandhian nonviolence into this urban mass movement. After one of its major conferences, Rustin wrote enthusiastically to Muste that "Randolph really `hit the gong.' We had a superb meeting.... [he] spoke in a way that convinced me that he is really concerned to develop an understanding and use of non-violence by the American Negro."
Early in 1944, Rustin was jailed for refusing induction. He entered a federal prison system that had been flooded by conscientious objectors whose hunger strikes and work stoppages were disrupting the routines of guards and inmates alike. Rustin plunged into these activities, challenging segregation and mail censorship, fomenting strikes among the prisoners, and, in the process, deepening his commitment to a hybrid of Gandhian, Quaker, and Marxist teachings. The prison years convinced Rustin that Gandhianism was the gospel of the future, and that the postwar years would require a steel-like commitment to militant action.
By the time he was released from prison in June 1946, the Cold War was becoming national dogma. Pacifists found themselves increasingly isolated and were forced into symbolic forms of protest. Race relations, on the other hand, seemed to offer a more promising field of action. In 1947, Rustin and George Houser, acting through CORE, organized a test of bus company compliance with a Supreme Court decision banning segregated seating in interstate travel. Riding through the upper South, the members of the "Journey of Reconciliation" used Gandhian techniques and rallied black communities wherever they traveled. Rustin and three others also faced arrest and conviction, leading to another prison sentence. In 1948, pacifists joined forces once again with Randolph, who was mobilizing against military segregation. Under prodding from Rustin, Randolph promised a campaign of civil disobedience, which opened new opportunities for Rustin's message of nonviolent resistance to sink roots into African American communities. Meanwhile, Rustin spent much of his time on the road, leading workshops in which participants not only studied Gandhianism, but also exposed discrimination and instigated direct action campaigns.
Because of the leadership qualities he displayed, Rustin attracted notice. Muste consciously mentored him, and strategized his development as a leader. The FOR sent him to meet with European pacifist leaders and to confer with Gandhi's followers in India. The peers with whom he worked remember the Rustin of the 1940s vividly. They were awed by the personal courage of a man who, in his solitary travels, regularly refused to comply with segregation and received beatings and jail sentences because of it. In my interviews with pacifists from this era, the two words that recurred most frequently in their description of Rustin were "prophetic" and "charismatic." Possessing a beautiful tenor voice, he could shift easily between speech and song, and he moved audiences to tears with his renditions of Negro spirituals. Rustin made an indelible impression wherever he traveled. In the eyes of one associate, Bayard was "a shining star." Another remembered "the magic about him." To many, he seemed destined to become an American Gandhi.
By the early 1950s, opportunities for radical activity, even in the area of race relations, were vanishing. Aware of the rising agitation throughout Africa for independence, Rustin proposed shifting the FOR's focus to support for decolonization. The strategy was to inject nonviolent methods into the independence movements; the larger goal was to open a new space for agitation that might eventually loosen the Cold War grip on politics at home. After extended travels in Africa in 1952, Rustin returned home enthusiastic about the possibilities, and the FOR began raising money for his plans.
And then the roof caved in. In January 1953, while on a speaking tour to promote his African plans, Rustin was arrested in Pasadena, California. Discovered in a parked car with two other men, he was convicted of violating California's lewd-vagrancy law and sentenced to sixty days. The Los Angeles Times reported the incident and, since Rustin's lectures on the West Coast had to be canceled abruptly, word spread quickly through pacifist circles.
The Pasadena arrest was not the first time that Rustin's homosexuality was subjected to scrutiny. Sometime early in his tenure at the Fellowship, he and Muste discussed it. Whether Rustin raised the issue himself, or whether Muste initiated the dialogue, is uncertain, and the circumstances and content of these early talks have eluded me. Rustin's primary erotic interest was young white men in their late teens and early twenties, with whom he had ample opportunity for contact through his work. Perhaps rumors about Rustin's approaches had reached Muste. Or, the quick intense bond that A. J. and Bayard formed (almost everyone who knew them during the 1940s referred to it as a father-son relationship characterized by mutual affection and respect) may have impelled Rustin to turn to Muste for guidance. In any case, Rustin's sexuality was grist for gossip among female staffers at the FOR, some of whom were smitten by his charm and good looks. Moreover, by 1943 Bayard was in a relationship with Davis Platt, a nineteen year old whom he had met at a conference, and Platt was now a Columbia student, visiting Rustin frequently at the FOR offices across the street from the campus. Platt does not recall having to hide their intimacy from Muste and the rest of the staff, and so, before Rustin went off to federal prison in 1944, sexual matters had certainly surfaced.
Excerpted from The World Turned by John D'Emilio Copyright © 2002 by Duke University Press
Excerpted by permission. All rights reserved. No part of this excerpt may be reproduced or reprinted without permission in writing from the publisher.
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Columnist for The Advocate and long-time activist
Jonathan Ned Katz, Author of Love Stories: Sex between Men before Homosexuality
Meet the Author
John D'Emilio is Professor of History and Gender and Women's Studies at the University of Illinois at Chicago. He is the author of Sexual Politics, Sexual Communities: The Making of a Homosexual Minority in the United States, 1940–1970 and Intimate Matters: A History of Sexuality in America (with Estelle B. Freedman). He was the first director of the National Gay and Lesbian Task Force's Policy Institute.
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This review is from: CORSAIR HX Series HX750 750W ATX12V 2.3 / EPS12V 2.91 SLI Ready CrossFire Ready 80 PLUS GOLD Certified Modular Active PFC Power Supply New 4th Gen CPU Certified Haswell Ready
Pros: I received a Dud, failed after a few months. Corsair replaced it with a new unit(1 wk turnaround). Works fine otherwise. nice assortment of bundled cables.
This power supply replaced an older unit that had problems with my Haswell board.
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Pros: With minor modification, this can fit 10x 3.5" drives plus a few more SSDs. I'm using an ATX motherboard, with SAS RAID controller, video tuner/capture board and full length dual-slot graphics card, and 240mm radiator(mounted externally). I also added extra slot fans for the SAS controller and video tuner. It's all a bit noisy under load, so I run this in a closet.
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An Analysis of Theme for English B
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Konovalova Veronica Poems of protest In a poem Theme for English B black student worries about an essay that he has to write for his English class in College According to the description of the place of the school I can assume that the school that he goes to is Columbia University a very highly competitive school with very high standards He is talking about being the only black student in his class and how it feels to be different from other people The poem had been written in 1951 when getting into school was very tough people had to do exceptionally well in school just to get into a City University Most students in school were white and there were very few minorities in colleges The story of CUNYs experiment with open admissions explains important changes in college education since 1970 It also demonstrates the persistence of controversy about the meaning and value of equal educational opportunities Open Admissions has guaranteed that every New Yorker with a high school diploma or GED can attend a college in the City University Open Admissions meant working people the poor people of color and immigrants whose segregated inferior public education may have failed to adequately prepare them for college-level work would not be denied the chance for a decent education a second time by being denied access to college According to the research that Ive done since Open Admissions was won in 1970 more than 450000 students have earned their degrees from CUNY Since 1970 more people of color have graduated from CUNY than have graduated from any other institution in the history of this country After World War II demand for higher education in US has increased rapidly each decade into the 1970s By the end of the 1960s an applicant needed high school grades of B-plus or higher to get into one of the four-year colleges and at least
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The Ultimate Answer to Life, The Universe, and Everything Test
Your result for The Ultimate Answer to Life, The Universe, and Everything Test ...
The Engineer
You scored 0% Egocentricism, 0% Heirarchy, 0% Spiritualityand 0% Morality!
You examine the structure and rules of the universe, and find the best way for yourself and others to live with it. You don't need miracles or a heavenly reward; with a good idea and a lot of work you can make this world just as good.
You are mostly selfless. You believe in an ordered universe and an ordered society. The physical world is more important to you than the soul. You believe there is justice.
You SHOULD: Pursue higher education. Seek a career that benefits society, whether it's cancer research or firefighting, doing something that makes the world better, and having the knowledge to improve on it, will make you feel good. Be open to relationships with religious believers- they share many of your values, despite your differences.
You should NOT: Use your skills destructively just for money- you'll regret it.
Your life will be: Satisfying.
Your life may be: Inspirational.
Your life will not be: Thrilling.
Your opposite is: The Chaos Mage.
Your companion is: The Missionary, The Hero.
Check out the other personality types too!
The Medic/The Servant
The Hero
The Explorer
The Sage
The Entertainer
The Engineer
The Counselor
The Missionary
The Conqueror
The Freedom Fighter
The Chaos Mage
The Deist
The Villain
The Worker
The Devil
The Televangelist
Your Analysis (Vertical line = Average)
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The Medic
**You're The Medic! You're a jaded but good person in a bad world. There's no one to help you, but you're there to help others, not for any particular reason- you're just compelled. You're the o... Read more
The Hero
You're The Hero! You bring justice to a chaotic world. You are comfortable with disorder, but not with evil. If all police were like you, Rodney King wouldn't be famous. You are mos... Read more
The Explorer
You are the Explorer! Something is missing. Your giving and spiritual nature has not yet found its reason for being. The higher power and cosmic justice which give your nature meaning are out th... Read more
The Sage
You're The Sage! You are wise and moral. You don't pray for gifts from God- you do it yourself. You do it so convincingly that others may assume that you are Blessed. Without you, there would be... Read more
The Entertainer
You're The Entertainer! You can't change the world, so you change the way people react to it. Fun, laughter, food, drink, sex, friendship- you need it not only for yourself but also to share- an... Read more
The Engineer
You're The Engineer! You examine the structure and rules of the universe, and find the best way for yourself and others to live with it. You don't need miracles or a heavenly reward; with a good... Read more
The Counselor
You are The Counselor! You are giving and in touch with the order of the world, but not judgmental. You are a great listener and advisor. You are mostly selfless. You believe in an... Read more
The Missionary
You're The Missionary! You're a good person. You have little to worry about, but much to do. You are on a mission from God, and you want to do it well. You are mostly selfless. You ... Read more
The Conqueror
You're The Conqueror! You may not be a bad person, but you're capable of it, and you probably know it. You have no one to answer to, and no one to stop you, except for yourself. You are free and... Read more
The Freedom Fighter
You are The Freedom Fighter! You reject order, but you have a strong sense of justice, especially regarding how you are treated personally. You are a constant problem for authority figures in yo... Read more
The Chaos Mage
You're A Chaos Mage! Could you be any more freaking eccentric? You manipulate a random and unfair universe to your will, which seems easy for you, because YOU ARE the random and unfair universe.... Read more
The Deist
You are The Deist! You are a spiritual and moral person, but that doesn't necessarily translate into your day to day life. You are most concerned with human affairs, which you believe you are in... Read more
The Villain
You're The Villain! You know your place in the world, and you know how to make it a comfortable one. You do so with ruthless efficiency. People tend to get hurt around you and you may or may not... Read more
The Worker
You are The Worker! You want to attain things for yourself, and you're not afraid to work for them. You know that there is a structure to the universe, and that what goes around does come around... Read more
The Devil
You are The Devil! For you, there is no getting around the fact that there is a higher force controlling your destiny, but you feel no obligation to submit to it. You are very conscious of the c... Read more
The Televangelist
You're The Televangelist! You have your niche in a strongly ordered world, and you make sure it's a comfortable one. You think that you are well adjusted. Others think you are a hypocrite. Time ... Read more
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When it comes to food prep, the Kenwood MultiOne really is a handy solution for everything. Slice, chop and grate with the food processor or whisk, beat and mix up cakes in the mixer bowl.
The Kenwood Cooking Chef KM080 stand mixer adds a revolutionary new dimension to the art of cooking.
Create more with a wide range of blenders, hand mixers and meat grinders.
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Chop, blend, slice, whisk, fold and mix your way to the perfect family meal with Kenwood's largest capacity food processor.
The Multipro Sense FPM810 is Kenwood's intelligent food processor, featuring an auto speed function, Thermoresist glass blender and revolutionary Tritan™ food bowl.
Create family meals quickly and easily with this all metal compact food processor, complete with a wide range of attachments.
Kenwood's Blend Xtract range breaks down the cell walls of fruit, vegetables, nuts and seeds, to release the vitamins, minerals and enzymes inside.
If you're a cook with big ideas and a small kitchen, the super-compact, white Kenwood BL237 Blend Xtract 3-in-1 will always work for you.
The Kenwood SB056 compact Blend Xtract Smoothie model has two speeds, plus pulse action, to make everyday smoothie making quick and simple.
The grab and go solution for boosting your fitness.
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A piece of art in the kitchen that makes a bright, bold statement about you.
Please note - this product is no longer available.
The kMix Blender - Outrageous Orange is the perfect match for creative cooks, with a versatile design that works for both right and left handed users.
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The kMix blender comes with a powerful 800W motor, 1.6 litre glass goblet control dial program selection for crushing ice and blending drinks, soups and dips, and push button pulse control.
Made of high quality metal with a white finish a kMix Blender will be admired for its looks and performance alike in the creative kitchen.
This product is now discontinued. This page is for information only.
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DeLonghi Australia Pty Limited ABN 49 104 012 857
Postal Address: PO Box 4540 Casula Mall NSW 2170 Australia
Address: Unit 3, 43 Lyn Parade Prestons NSW 2170 Australia
Ph:1800 126 659 Fax:1800 007 289
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[Web Link ==B Theater:== Woman's Will at Rengstorff House]
Woman's Will, a Bay Area Shakespeare troupe, returns to the gardens of the Rengstorff House for a free performance of "A Midsummer Night's Dream" on Sunday, Aug. 7, 1-3 p.m. Rengstorff House at Shoreline, 3070 N. Shoreline Blvd., Mountain View.
[Web Link ==B Event:== Obon Bazaar]
The Palo Alto Buddhist Temple holds its annual Obon festival, featuring a silent auction, Japanese and American food, music, dance and cultural exhibits, this weekend, Aug. 6 and 7, from 5-10 p.m. Saturday and noon to 9 p.m. Sunday at Palo Alto Buddhist Temple, 2751 Louis Road, Palo Alto.
Read the full story here Web Link posted Friday, August 5, 2011, 11:59 AM
This story contains 156 words.
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| was $1864 |
25% off estimated retail price
Cash on delivery | Cash On Location (*) | Free shipping
Defined and sturdy, this Givenchy number is one statement bag that will surely draw desire from onlookers. The goatskin leather imparts slight texture to this classic bag. It features an elegant geometric cut, double rolled top handles, removable shoulder strap, and silver hardware. The zip-enclosed interior is lined with black fabric, it includes one zipped pocket and two patch pockets.
Estimated retail price US $1864
Condition:Used - Like New ( This bag has no signs of use. )
Gender: Women
Includes: Orig Dustbag
Exterior Material: Leather
Interior Material: Canvas
Hardware: Gold-tone
Length: 33 cm
Width: 19.5 cm
Height: 28 cm
Handle Drop: 10.5 cm
Shoulder Strap: 29 cm
Includes: Info Booklet
Condition:Used - Like New ( This bag has no signs of use. )
Within UAE/Dubai
Over 90% of the orders are shipped within 2 business days.Most handbags/shoes/accessories are shipped within 2 business days, while some watches/jewelry take up to 7 business days to ship. If you would like an exact date of delivery, please contact us.
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Delivery charges apply and are added to the order in step 3. Please go through the checkout process to see the exact shipping fee.
The Luxury Closet has a 3 day return policy which allows you to return your item within 3 days of receipt for a full refund of the price of the item. This does not include refund of shipping/duty charges.
Handle Drop is measured from high point of the strap to bag opening.
Brand: Givenchy
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A Few Pros And Cons For Those Wanting To Install A
Even after they've been in existence for a long time, you will still find men and women that are surprised after they encounter
undermount kitchen sinks
. These unique sinks remain a rather novel idea, probably to some extent because they are available in an incredible range of shapes, colors, dimensions and materials. One of the greatest things regarding this specific style of sink having been in existence for a while nowadays, is without a doubt that they have got a track record. Folks have seen them, esteemed them, plus put them inside their residences. They've already had the chance to experience them and figure out their pros and cons. What do men and women typically find they like and also not like concerning such sinks?
A lot will depend on the particular sink by itself. Someone may not really like one vessel, and often will appreciate another one. Exactly why won't have anything to do utilizing the particular type of sink, but perhaps, the particular sink. By just grouping all such sinks directly into one category, however, it is without a doubt possible to perhaps generate a number of beneficial observations that actually may help individuals see whether this type of sink will give good results for them.
For example, they will not have an overflow drain like classic sinks. This will probably not be an issue for the average childless couple, however a family unit with no shortage of
may wish to delay until their kids are beyond the ages of water play. The particular rim of glass vessel sinks are frequently more susceptible to impact damages. Furthermore, if ever you are thinking about installing virtually any above counter top level sink, thoroughly consider both the level belonging to the sink as well as the height of the people who will be utilizing it. Many very short people find it problematical to use sinks that happen to be bigger as compared to average.
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On Voice of Israel, Yarden Frankl takes on the BBC's assertion that Iran no longer threatens Israel and asks why the New York Times is acting like a cheerleader for the Iran deal.
Video: Is the UN Human Rights Council Obsessed with Israel?
The New York Times makes an editorial comment stuck in the middle of an article that undermines the Israeli Prime Minister's claim that the United Nations Human Rights Council is "obsessed" with Israel. But the facts are on the Prime Minister's side and the comment is harmful and misleading.
Time Correction, Battling the BBC, and Weymouth's Double Standards
The Washington Post's Lally Weymouth interviews an Israeli and a Palestinian official, but makes clear whose view she thinks is more reasonable.
"Modern and Hip"
Journalist expresses surprise that "modern and hip" minister has a differing opinion on the peace process.
Green Lines, Jewish Hands, Terror Tunnels
HR's Yarden Frankl on Voice of Israel. Today: Newsweek's Green Line reversal, how you can help our BBC complaint, and what's going on underground in Lebanon.
An Inciting Angel and Missing Trees
The New York Times doesn't believe that Palestinian Authority President Mahmoud Abbas incites to violence, saying Israel only "claims" he does; and what happened to all those olive trees that CNN says were chopped down and "seized" by Israeli settlers?
Radio: The BBC's Guerin Defense and Jimmy Carter's Praise for Hamas
Listen to Yarden Frankl on the Voice of Israel by clicking on the image above or on this link to play. HonestReporting's Yarden Frankl joins VOI's Josh Hasten to discuss this week's media coverage of Israel including the BBC's response to complaints about Orla Guerin's Gaza conflict dispatch and coverage of former U.S. President Jimmy Carter's…
Human Rights Watch's Disaster Effort
Roth sits in the HRW office in a NYC highrise on Fifth Avenue sending out his demeaning tweets. At the same time, Israelis are on the ground in Nepal, treating the wounded and searching for more bodies in the snow and the ice.
Do News Stories Have Borders?
Why aren't the media covering the plight of Palestinians in Syria? Could it be that they are only interested if Israel is accused of wrongdoing?
The Independent's Hypocritical Critique of Madonna
Since when was being located there a prerequisite for criticizing a country? It is for The Independent when Madonna criticized French anti-Semitism.


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Buying Guide for Inline Skates
RC & AO Accessories
Showing 1 - 2 items
The RC Medallion Plus is style and simplicity at its best. Constructed from a Hi-Grip Urethane, the Medallion Plus offers superior roll and a little bit of flash all in one. Simply put the Medallion Plus Wheels are Super high grip urethane roller skate... Read More
{"boxId":"compare7f34cd5a46d7328e24b0768471", "id":"147096P"}
Constructed with a special DuPont Nylon Material for the Sure-Grip Probe Roller Skate Plates include trucks and will remain strong and sturdy whether you're a beginner skater or advanced skater. Light Weight Plate, Standard 10 Degree Double Action Sk... Read More
{"boxId":"compare2743a4ee467eec94e785e1a5a6", "id":"210330P"}


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The U.S. is full of warm and sunny destinations
People don't need a reason to take a break, and they certainly don't want to spend an unnecessarily huge amount of money to make the most of a well-deserved time off.
Who says you need a passport to escape to an island in wintertime?
Ice skating is the quintessential winter pastime. When temperatures drop below zero, Americans lace up their skates and take to the rink.
Some winter hikes are sheer, frightening, and unpredictable, but really enchanting.
Everybody needs a temporary escape in the winter.
Seeing kids in colorful mittens learning to let go of rink walls — and adults trying to do the same — makes for a sweet, fun, and seasonal experience.
Stay in cozy lodges and beautiful cabins to get the most out of your experience.


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First reported as Elena
|Also reported as:
|Variants of name(s):
|Alenka, Eleena, Elen, Elenka, Elenochka, Eli, Ellena, Ellene, Elona, Helen, Helena, Jelena, Lena, Lenaa, Lenchik, Lennochka, Lenochka, Lenusik, Lenusikka, Lenusya, Lienkchik, Lleena, Olena, Yelena
|Approximate age:
|Known location(s):
|Lugansk (Ukraine)
|Phone number(s):
|E-mail address(es):
|Found on website(s):
|Foreign Brides
|Available media:
|Available fake docs:
Added report(s)
Report N1
The normal scenario. After a few e-mails, in which she explained how lucky she was, when she had found me, she explained that she has to use a translation agency for our communication, and wanted money from me.
I told her that I have noticed that a lot of women in the Internet are just trying to cheat money in this way. And, surprise, surprise, I did not hear from her again. After a week I wrote to her and told that I'm going to report her to this site if she don't admit that she tried to cheat with me. She answered that I am a very cruel man and she hoped other women would stop writing to me as well. No money was ever sent to her.
Eliel (Finland)


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|Key Info
Taliesin sleeps twelve adults in luxury. It has many decks to relax and take in the stunning views. Heaven for the bird watcher as it is steps from the bird reserve. Feeling energetic you can swim in the heated 10m pool or the safe waterways. As it is steps from the beach you could swim there.
A daily house keeper looks after the house and you so this is a real holiday for all!
It has been designed to make the most of the Knysna light and breezes with many windows and high full hieght ceilings.
The area is stunning and there are many things and places to explore.
|Sleeps up to 12, 6 bedrooms
|6 bedrooms, 7 bathrooms of which 2 family bathrooms and 5 en suites
|Nearest beach
|Steps away
|Car advised
|Nearest Amenities
|500 m
|Nearest travel links
|Nearest airport: George 60 km, Nearest railway: Knysna 1 km
|Family friendly
|Great for children of all ages
|Some pets are welcome - please contact the owner, No smoking at this property
|Private outdoor pool (heated), Fireplace, Internet access, DVD player, Staffed property, Sea view
|Private outdoor pool (heated)
|Central heating, TV, CD player, Telephone, Satellite TV, Wi-Fi available
|Kettle, Toaster, Iron, Hair dryer
|Clothes dryer, Dishwasher, Cooker, Microwave, Fridge, Freezer, Washing machine
|Double Beds (3), Single Beds (6), Cots available (1), Dining seats for 12, Lounge seats for 12
|Linen provided, Towels provided
|Private outdoor pool (heated), Balcony or terrace, Private garden, BBQ
|Secure parking, Wheelchair users
|Further details indoors
Taliesin can either be rented out as a six or four bedroom house depending on the beds needed. There is also a two bedroom apartment which is rented out when the house is vacant. This makes it a very special apartment as it has the sole use of the gardens, decks & pool of the main house. All the beds & linen are of a very high standard so you will get a great nights sleep. There are many restaurants in the area. The small island boasts three.
|Further details outdoors
Parking is in an automated garage. There is room for two cars. Taliesin has it's own boat dock. If you don't have a boat it is great to fish off. The island being private is very secure and you will see many children cycling around without the adults. The gardens are beautiful and well maintained.
|Further details
There is wheelchair access to the ground floor, where there is one large bedroom.
The apartment can sleep upto four. The four bedroom house upto eight and the main house twelve.
Knysna nestles on the banks of a beautiful lagoon in the heart of the 'Garden Route', South Africa. It is surrounded by a natural paradise of lush indigenous forests, tranquil lakes and golden beaches, making it a real natural wonderland.
It offers many activities and attractions to a wide variety of people. "People. beauty and mystery" is what comes to mind when describing Knysna. The town nestles between the impressive Outeniqua Mountains and the Indian Ocean, with the world-renowned forests encircling it like a protective mantle. The 21 ha estuary is protected from the sea by the monolithic sandstone "Heads" - silent sentinels down the centuries of the rich history of this unique part of "paradise of earth".
In and around Knysna one will find a selection of fine restaurants, seafood taverns, pubs, coffee shops and eateries, to match your mood or budget. For the shopper, there are interesting shops tucked away around every corner, authentic African traders and for the person with a passion for history, well, Knysna will intrigue you...


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Pope's Appeal for Peace in Iraq: 'Stop These Crimes'
A man and three children flee violence from forces loyal to the Islamic State in Sinjar, Iraq, on 10 August. Islamic State militants have killed at least 500 Yazidi ethnic minorities, an Iraqi human rights minister said. (photo: CNS/Rodi Said, Reuters)
12 Aug 2014 By Cindy Wooden
VATICAN CITY (CNS) — Pope Francis condemned the actions of Islamic State militants in Iraq, saying that persecuting Christians and other minorities "seriously offends God and seriously offends humanity."
"One cannot generate hatred in God's name," he said on 10 August. "One cannot make war in God's name!"
After reciting the Angelus, Pope Francis asked tens of thousands of people gathered in St. Peter's Square to join him for a moment of silent prayer for peace in Iraq and for the tens of thousands of people forced from their homes in northeastern Iraq as fighters from the Islamic State tried to increase the territory under their control.
"The news from Iraq leaves us incredulous and appalled," Pope Francis said. "Thousands of people, including many Christians, have been chased from their homes in a brutal way; children die of thirst and hunger during the flight; women are kidnapped; people are massacred; violence of every kind; destruction everywhere."
The pope also used Twitter to appeal for peace and for the protection of innocent civilians. Instead of one daily general message about faith on his @Pontifex account, Pope Francis sent three tweets each day from 8-10 August urging people to join him in prayer.
At the Angelus, he also called on the international community and Iraq's beleaguered government to "stop these crimes" and reestablish law and order.
Pope Francis thanked "those who, with courage, are bringing aid to these brothers and sisters of ours" and told people he was sending Cardinal Fernando Filoni as his personal envoy to Iraq.
Cardinal Filoni, a former nuncio to Iraq and current prefect of the Congregation for the Evangelization of Peoples, met the pope privately the evening of 10 August to receive instructions for the mission and a financial contribution "for the urgent needs" of the victims, according to Jesuit Father Federico Lombardi, the Vatican spokesman.
The cardinal told CTV, the Vatican television center, that he had the impression Pope Francis "would like to go himself to be with these poor people. He entrusted this mission to me precisely so that I would make his affection, his profound love," clear to the people.
The Vatican said on 11 August that the cardinal was expected to leave Rome on 12 August and visit Baghdad as well as Iraqi Kurdistan, where many of those displaced by the Islamic State are seeking shelter.
Along with perhaps hundreds of thousands of Christians and tens of thousands of members of the Yezidi religious minority, the cardinal said, there probably are "a million displaced people looking for a safe place" to live free from the threat of the forces of the Islamic State, which the U.S. government defines as a terrorist organization.
The U.S. military began airstrikes against the Islamic state on 8 August as well as airdrops of food and water for Iraqis forced to flee their homes.
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- Pope to Send Envoy to Displaced Christians in Iraq
- Pope Francis appoints special envoy to Northern Iraq
- Iraqi Minorities Need More Than Material Aid, Cardinal Says
- U.S. Bishops, Parishes Asked to Offer Special Prayer for Peace in Iraq
- Western Leaders Press Governments to Increase Help to Iraqi Minorities
This press release is licensed under a Creative Commons Attribution 3.0 Unported License. Read full copyright information here.


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Real earnings in March 2012
April 17, 2012
Real average hourly earnings for all employees fell 0.1 percent from February 2012 to March 2012, seasonally adjusted. A 0.2-percent increase in average hourly earnings was more than offset by a 0.3-percent increase in the Consumer Price Index for All Urban Consumers (CPI-U).
Real average weekly earnings fell 0.4 percent in March, resulting from a 0.3-percent decline in the workweek combined with the decline in real average hourly earnings. Since reaching a peak in October 2010, real average weekly earnings have fallen 1.1 percent.
Over the year—March 2011 to March 2012—real average hourly earnings fell 0.6 percent, seasonally adjusted. Real average weekly earnings over the year were unchanged, as the decline in hourly earnings offset a 0.6-percent increase in average weekly hours.
These earnings data are from the Current Employment Statistics program. Earnings data for February and March are preliminary and subject to revision. To learn more, see "Real Earnings – March 2012" (HTML) (PDF), news release USDL-12-0667.
Bureau of Labor Statistics, U.S. Department of Labor, The Economics Daily, Real earnings in March 2012 on the Internet at https://www.bls.gov/opub/ted/2012/ted_20120417.htm (visited January 21, 2017).
Recent editions of Spotlight on Statistics
Workplace injuries and illnesses and employer costs for workers' compensation
Workplace injury and illness data and the costs to employers for workers' compensation in natural resources, construction, and maintenance occupations.
A look at the future of the U.S. labor force to 2060
Projected long-term trends in the growth, size, and composition of the labor force.
Union membership in the United States
Historical trends in union membership among employed wage and salary workers; union membership by a variety of demographic characteristics.
A look at healthcare spending, employment, pay, benefits, and prices
Spending on healthcare, current and projected employment in the industry, employer-provided healthcare benefits, healthcare prices, and pay for workers in healthcare occupations.
Self-employment in the United States
Trends in self-employment by various demographic and socioeconomic characteristics, including both the unincorporated and the incorporated self-employed, as well as data on paid employees who work for the self-employed.


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The 2011 Jeep Grand Cherokee is already earning high praise in its standard form, and now Chrysler's Mopar division has released a host of accessories to beef up the new sport-ute's style and functionality.
Grand Cherokees can now be fitted with the usual collection of exterior bolt-ons, including a range of new wheel options, skid plates, and side steps. What's more interesting, however, is the stuff available for the Grand Cherokee's interior. Mopar is offering FLO TV, a live, mobile television streaming service, making the big Jeep the first SUV available with this feature. That sure beats listening to the same episode of Yo Gabba Gabba over and over. Additionally, the latest version of Chrysler's UConnect infotainment software is available, which can turn the SUV into a mobile wi-fi hotspot.
See the full list of available Mopar goodies in the press release after the jump, and scroll through our attached gallery to see high-res shots of Grand Cherokees fitted with these add-ons.


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Use the tools below to refine your search by only displaying reviews with a certain number of star ratings or to only show reviews from a certain time period. Eg click on '1 star' to just display the reviews we have which received a 1 star rating click or 'Within the last month' to display just reviews posted over the last month.
Written on: 15/11/2008 by lcarlisle (31 reviews written)
I used to have a warbling bird when i was younger and I loved it. Its basically like a whistle but you put water in it and it makes a warbling, bird sound. A bit like blowing in to a half full bottle of beer.
Simple, easy to use and kids love them. Adults may get a bit tired of the sounds after a while though… Read Full Review
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" These tins have been around so long now and they are great little p... " Read More
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text: Valuation shortcut 3 Trading stock This shortcut is not available for joining entities that were majority owned by the prospective head company at 27 June 2002. The trading stock of such entities must be treated as a retained cost base asset. The terminating value at the joining time can be taken as the market value for assets that are items of trading stock, except where either of the following applies: the trading stock comprises livestock, standing or growing crops, crop-stools and trees planted and tended for sale the value of the trading stock has been affected by market volatility, market collapses, obsolescence or any other event to the extent that its terminating value would not be a reasonable approximation of its market value at the joining time. In such cases, the trading stock should be market valued appropriately at the joining time. Last modified: 01 Jul 2015QC 21245


text:
CodePlexProject Hosting for Open Source Software
You all have been such great help before, so thanks in advance.
I'm trying to have the columns detected dynamically...I know the array bit works but is limited:
So what would a loop look like that would detect the number of columns in use? Columns do have headers in this situation, so the first cell of each column would have data in them.
Thanks again,
It also seems that I could use GetHighestColumn() in this instance...is this correct?
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text:
Bomb in Bangkok - level 2
24-08-2015 07:00
A bomb exploded near a popular Bangkok shrine last Monday evening. The explosion killed 22 people and wounded 123 more. A camera inside a car filmed the moment of the explosion.
Students, relatives and others lit candles and brought flowers at the memorial for those who died. Nearly half of those killed were foreigners.
Thai police are now looking for a man. A security camera near the shrine filmed him. Before the explosion, he left a backpack there.
Difficult words: shrine (a place where people come to talk to a god or gods), wound (to damage the body), memorial (something to remind you of people who died).
You can read the original story and watch the video in the Level 3 section.
How to improve your English with News in Levels:


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Integrated Engineering offers a full line of silicone couplers for your project- whether it be a simple intake install, factory hose replacement, or a full drag turbo setup. These can be used for any project with boost, as well as coolant or water. These hump hoses are great for tight fitting locations that need a bit of flex in them. They can be bent in any direction to join pipes that are not prefectly aligned. All of our couplers are 4 ply, which is reinforced with polyester for ultimate strength. Don't be fooled by other couplers, which are not a true 4 ply construction. These couplers are available in many shapes and sizes, as well as different colors to suit your needs.
4 ply construction
4" length
350+ degree heat resistance
4-5mm thickness
Available in black and red
This is a straight 2.5" hump coupler.
Sorry, returns or exchanges cannot be accepted for this product.


text:
Big One 100% Licensed Giant Plush 6 ct
$ 205.00
Big One Licensed Giant Plush Toys - This set includes 6 pieces of soft filled licensed huge plush toys. Plush mix characters may include: Scooby Doo, M&M's, Porky Pig Taz, and more. Adding pieces of premium plush licensed toys are a great way to add interest to a generic crane mix.
Availability: Usually ships within 1-business day.
Note: Products receive occasional updates. Characters will be the same but poses and sizes may vary.


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United States District Court, Ninth Circuit
October 11, 2013
J&J SPORTS PRODUCTIONS, INC., Plaintiff,v.LAN T. VU, Defendant.
LUCY H. KOH, District Judge.
On April 18, 2013, the Clerk of the Court entered default against Defendant Lan T. Vu, individually and doing business as Super Juice Burger and More (also known as Juicy Burger Gilroy) ("Defendant"), after Defendant failed to appear or otherwise respond to the Summons and Complaint in this case within the time prescribed by the Federal Rules of Civil Procedure. See ECF No. 12. Before this Court is the Motion for Default Judgment filed by J&J Sports Productions, Inc. ("Plaintiff"). See Mot. Default J. ("Mot."), ECF No. 14. Defendant, not having appeared in this action to this date, has not opposed the motion. Pursuant to Civil Local Rule 7-1(b), the Court finds this matter appropriate for determination without oral argument. Accordingly, the hearing and the case management conference set for October 17, 2013, are VACATED. For the reasons discussed below, Plaintiff's Motion for Default Judgment is GRANTED.
Plaintiff J&J Sports Productions, Inc. is a sports and entertainment programming distributor, and alleges it secured the exclusive nationwide commercial distribution rights to broadcast the "Manny Pacquiao v. Juan Manuel Marquez III, WBO Welterweight Championship Fight Program" (the "Program"), which telecast nationwide on November 12, 2011. See Compl. ¶ 14, ECF No. 1. Plaintiff then entered into sub-licensing agreements with various commercial entities throughout the United States, wherein it granted limited public exhibition rights to these entities in exchange for licensing fees. See Compl. ¶ 15. On November 12, 2011, investigator Nathan Tate observed the Program being displayed at Defendant's commercial establishment, Super Juice Burger and More, located in Gilroy, California. See Compl. ¶¶ 7-12; Mot. at 2. Plaintiff alleges that Defendant intercepted the Program unlawfully, and intentionally exhibited it for the purpose of direct or indirect commercial advantage. See Compl. ¶¶ 17-18.
On November 9, 2012, Plaintiff filed this action against Defendant for: (1) violation of the Federal Communications Act of 1934, as amended, 47 U.S.C. §§ 605, et seq.; (2) violation of the Cable Television Consumer Protection and Competition Act of 1992, as amended, 47 U.S.C. §§ 553, et seq.; (3) conversion; and (4) violation of California Business and Professions Code §§ 17200, et seq. See ECF No. 1. On March 3, 2013, Plaintiff served Defendant with a copy of the Summons, Complaint, and related documents. See ECF No. 9. Pursuant to Federal Rules of Civil Procedure Rule 12(a)(1)(A)(i), Defendant was thereby required to file and serve a response to Plaintiff no later than March 25, 2013. However, Defendant failed to appear and also failed to file any responsive pleading. See Decl. Thomas P. Riley Supp. Pl.'s Appl. Default J. ("Riley Decl.") ¶ 2, ECF No. 14-2.
On April 18, 2013, the Clerk of the Court granted Plaintiff's request and entered default against Defendant. See ECF No. 12. Plaintiff now moves for entry of default judgment pursuant to Rule 55(b) of the Federal Rules of Civil Procedure. See ECF No. 14.
A. Default Judgment
The Court finds that default judgment is appropriate in the instant case. If a defendant fails to answer a complaint in a timely manner, a plaintiff may move the court for an entry of default judgment. Fed.R.Civ.P. 55(b)(2). The district court's decision whether to enter a default judgment is discretionary. See Aldabe v. Aldabe, 616 F.2d 1089, 1092 (9th Cir. 1980) (per curiam). When deciding whether a default judgment is warranted, a court may consider the following factors:
(1) the possibility of prejudice to the plaintiff, (2) the merits of plaintiff's substantive claim, (3) the sufficiency of the complaint, (4) the sum of money at stake in the action[, ] (5) the possibility of a dispute concerning material facts[, ] (6) whether the default was due to excusable neglect, and (7) the strong policy underlying the Federal Rules of Civil Procedure favoring decisions on the merits.
Eitel v. McCool, 782 F.2d 1470, 1471-72 (9th Cir. 1986). Generally, default judgments are disfavored because "[c]ases should be decided upon their merits whenever reasonably possible." Id. at 1472.
Here, many of the Eitel factors favor entry of default judgment. First, Plaintiff will likely be prejudiced if default judgment is not entered. Because Defendant has refused to take part in the litigation, Plaintiff will be denied the right to adjudicate the claims and obtain relief if default judgment is not granted. See PepsiCo, Inc. v. Cal. Sec. Cans, 238 F.Supp.2d 1172, 1177 (C.D. Cal. 2002). Additionally, there is no indication that Defendant's default is due to excusable neglect or that material facts are disputed since Defendant has not presented a defense or otherwise communicated with the Court. Moreover, though public policy favors decisions on the merits, litigation of the merits is simply not possible in light of Defendant's refusal to litigate.
In contrast, Plaintiff's request for maximum statutory damages weighs against granting an entry of default judgment, particularly because the amount requested appears disproportionate to the harm alleged. See Eitel, 782 F.2d at 1472. However, given that the Court may address the reasonableness of Plaintiff's request when deciding the question of damages, the Court need not deny default judgment on this factor alone. See, e.g., Joe Hand Promotions, Inc. v. Mujadidi, No. 11-5570, 2012 WL 3537036, at *3 (N.D. Cal. Aug. 14, 2012) (noting that a request for maximum possible statutory damages "is not enough on its own to bar a default judgment... as it may be addressed by the Court in deciding what damages should be awarded, assuming that a default judgment is otherwise appropriate.").
The second and third Eitel factors, involving the merits of Plaintiff's substantive claim and the sufficiency of the Complaint, warrant a closer analysis by the Court. Although Plaintiff's complaint alleges violations of (1) 47 U.S.C. § 605, (2) 47 U.S.C. § 553, (3) California's law against conversion, and (4) California Business and Professions Code §17200, Plaintiff's Motion for Default Judgment only seeks damages under 47 U.S.C. § 605 and for conversion. Compare Compl. at 4-9 with Riley Decl. ¶ 7.
Section 605 of the Federal Communications Act of 1934 "prohibits the unauthorized receipt and use of radio communications for one's own benefit or for the benefit of another not entitled thereto.'" DirecTV, Inc. v. Webb, 545 F.3d 837, 844 (9th Cir. 2008) (citing 47 U.S.C. § 605(a)). "[T]he communications' protected by § 605(a) include satellite television signals." Id. Section 553 of the Cable Television Consumer Protection and Competition Act of 1992, however, prohibits the unauthorized reception or interception of "any communications service offered over a cable system, unless specifically authorized to do so...." 47 U.S.C. § 553(a)(1) (emphasis added). It follows that, generally, "a plaintiff may not recover under both § 605 and § 553 as it is highly unlikely that a pirate used a satellite dish and a cable box to broadcast a single program simultaneously." Mujadidi, No. 11-5570, 2012 WL 3537036, at *3 (internal citation omitted).
Plaintiff states that Defendant violated Section 605 because, "[w]ith full knowledge that the Program was not to be intercepted... displayed, and/or exhibited by commercial entities unauthorized to do so, ... Defendant... did unlawfully intercept... display, and/or exhibit the Program at the time of its transmission at his commercial establishment...." Compl. ¶ 17. The declaration of Plaintiff's investigator, Nathan Tate, affirmatively states that the establishment "does not have a satellite dish" but does not state whether a cable box was visible. See Decl. of Affiant, ECF 14-3. However, Plaintiff fails to state the actual means of signal transmission used, which is necessary to determine whether Plaintiff has sufficiently stated a claim pursuant to either Section 605 or Section 553. See Mot. at 8 (stating "Plaintiff cannot determine the precise means that the Defendant used to receive the Program unlawfully").
When the means of signal transmission used is uncertain, courts have been split on whether to apply Section 553 or Section 605 in the context of a motion for default judgment.[1] The Court need not resolve this issue here as Plaintiff's allegations suffice to demonstrate that Defendant violated either Section 553 or Section 605, and both statutes provide a discretionary range of possible damage awards that partially overlap. As discussed in Part II.B, the Court awards Plaintiff damages that fall within both statutory ranges. Therefore, for the purposes of this particular case, any uncertainty as to whether Defendant violated Section 553 or 605 is immaterial; the statutory award in the same amount is equally appropriate in either case. See G&G Closed Circuit Events, LLC v. Castro, No. 12-01036, 2012 WL 3276989, at *3 (N.D. Cal. Aug. 9, 2012) (finding, in the context of a similar case, that "[a]ny uncertainty as to whether [Defendants] in fact violated Section 605 is immaterial in light of the fact that a statutory award in the same amount is equally appropriate in the event [Defendants] actually violated Section 553.").
Finally, the Court finds that default judgment on Plaintiff's conversion claim is also appropriate in the instant case. The elements of conversion are: (1) ownership of a right to possession of property; (2) wrongful disposition of the property right of another; and (3) damages. See Tyrone Pacific Int'l, Inc. v. MV Eurychili, 658 F.2d 664, 666 (9th Cir. 1981) (citing Hartford Financial Corp. v. Burns, 96 Cal.App.3d 591, 598 (1979)). Plaintiff properly alleges ownership of the distribution rights to the Program, misappropriation of those rights by Defendant's unlawful interception, and damages. See Compl. ¶¶ 28-31. Therefore, Plaintiff's allegations regarding liability, which are taken as true in light of the Clerk's entry of default, are sufficient to entitle Plaintiff to damages.
Accordingly, the Court GRANTS Plaintiff's Motion for Default Judgment.
B. Requests for Relief
Plaintiff requests $10, 000 in statutory damages for violation of 47 U.S.C. § 605(e)(3)(C)(i)(II), and $100, 000 in enhanced damages for willful violation of 47 U.S.C. § 605(e)(3)(C)(ii). Mot. at 11, 14. Plaintiff also seeks $2, 200 in conversion damages, the amount Defendant allegedly would have been required to pay had Defendant licensed the Program from Plaintiff. See Mot. at 20.
While a court must assume that all well-pleaded allegations regarding liability are true once the Clerk of Court enters default, this same presumption does not apply to a plaintiff's request for damages. See Geddes v. United Financial Group, 559 F.2d 557, 560 (9th Cir. 1977); see also Pope v. United States, 323 U.S. 1, 12 (1944) ("It is a familiar practice and an exercise of judicial power for a court upon default, by taking evidence when necessary or by computation from facts of record, to fix the amount which the plaintiff is lawfully entitled to recover and to give judgment accordingly.").
1. Statutory Damages
Plaintiff requests maximum statutory damages available under Section 605, noting that the court has discretion to award significant damages "[e]ven in... cases of commercial signal piracy where there has been no egregious circumstance noted[.]" Mot. at 11. Section 605(e)(3)(C)(i)(II) provides that an aggrieved party may recover a sum of not less than $1, 000 and not more than $10, 000 for each violation of § 605(a), as the Court considers just. Section 553(c)(3)(A)(ii) also provides that an aggrieved party may recover a sum up to $10, 000 for each violation, but affords courts discretion to award as little as $250. "A traditional method of determining statutory damages is to estimate either the loss incurred by the plaintiff or the profits made by the Defendant." Joe Hand Promotions v. Kim Thuy Ho, No. 09-01435, 2009 WL 3047231, at *1 (N.D. Cal. Sept. 18, 2009) (internal quotation marks and citation omitted).
Plaintiff submits evidence that a commercial license for the broadcast of the Program would have cost Defendant approximately $2, 200, based on the estimated 60-person capacity of Defendant's commercial establishment. See Pl.'s Aff. Supp. Appl. Default J. ("Gagliardi Decl.") ¶ 8, ECF No. 15; see id., Ex. 1 (advertising that to order the Manny Pacquiao v. Juan Manuel Marquez III fight on November 12, 2011, the rate was $2, 200 for seating up to 100 people and $4, 200 for seating between 100 and 200 people). Additionally, as evidence of Defendant's potential profit, Plaintiff submits evidence that during Plaintiff's investigation of Super Juicy Burger and More, there were approximately thirty-five patrons and there was no cover charge. See Decl. of Affiant at 1-2. Because the amount that Defendant made during the alleged unlawful exhibition of the Program is difficult to determine, the Court shall base statutory damages on the cost of the commercial license.
Accordingly, the Court finds that Plaintiff is entitled to $2, 200 in statutory damages.
2. Enhanced Damages
Plaintiff also requests enhanced damages pursuant to Section 605(e)(3)(C)(ii). Mot. at 14. This section authorizes the Court to award up to $100, 000, in its discretion, upon finding that the violation "was committed willfully and for purposes of direct or indirect commercial advantage or private financial gain." In contrast, 47 U.S.C. § 553(c)(3)(B) authorizes the Court discretion to award up to $50, 000.
Here, Plaintiff has not submitted any evidence of significant "commercial advantage or private financial gain." 47 U.S.C. § 605(e)(3)(C)(ii). Plaintiff has presented evidence that Defendant had two television sets in their commercial establishment that displayed the Program. See Decl. of Affiant at 1-2. Plaintiff asserts that there were approximately 35 patrons present. Id. However, there is no evidence that Defendant advertised the fight, assessed a cover charge, had a minimum purchase requirement, or had a special premium on food and drink on the night of the fight. See Kingvision Pay-Per-View, Ltd. v. Backman, 102 F.Supp.2d 1196, 1198 n.2 (N.D. Cal. 2000) (stating that "[a]n establishment that does not promote itself by advertising the Program, does not assess a cover charge, and does not charge a special premium for food and drinks hardly seems like the willful perpetrators envisioned by the statute's framers."); but cf. J&J Sports Prods., Inc. v. Mosley, No. 10-5126, 2011 U.S. Dist. LEXIS 56220, at *12-15 (N.D. Cal. Apr. 13, 2011) (awarding $2, 500 in enhanced damages under Section 553, where 17 patrons were present, there was no cover charge).
Furthermore, Plaintiff has not submitted evidence that Defendant is a repeat offender, which is another factor that would indicate that Defendant's actions were willful, and thus justify an award of enhanced damages. See, e.g., Kingvision Pay-Per-View, Ltd., 102 F.Supp.2d at 1198-1199 (noting that "a higher statutory award may be justified in cases where Defendants are repeat offenders who have pirated similar Programs on previous occasions, and who need an especially severe financial deterrent."). Defendant's lack of repeated violations leans against a finding of willfulness that would warrant a greater enhanced damages award.
In light of these facts, the Court does not agree with Plaintiff that the maximum enhanced damages award is warranted. Although Plaintiff cites to several out-of-district cases to support its request for maximum enhanced damages possible, see Mot. at 14-19, Plaintiff has not cited any binding precedent or identified any specific circumstances that justify such a high award.
Therefore, the Court GRANTS Plaintiff's request for enhanced damages, but concludes that an award of $500 is more than adequate and just to compensate Plaintiff for lost profits and to deter Defendant's future infringement.
3. Damages for Conversion
Plaintiff also seeks $2, 200 in damages for conversion under California Civil Code § 3336. Mot. at 20. Damages for conversion are based on the value of the property at the time of conversion. See Tyrone P. Intern., Inc., 658 F.2d at 666. As noted in Part II.B.1, the commercial license allegedly would have cost Defendant $2, 200. See Gagliardi Decl. ¶ 8, ECF No. 15. Thus, Plaintiff's request is appropriate.
Accordingly, the Court finds that Plaintiff is entitled to $2, 200 in damages for conversion.
For the reasons discussed above, Plaintiff's Motion for Default Judgment is GRANTED. Judgment shall be entered in favor of Plaintiff J&J Sports Productions, Inc., and against Defendant Lan T. Vu, individually and doing business as Super Juicy Burger and More (also known as Juicy Burger Gilroy). Plaintiff shall recover $4, 900 in total damages.[2] The Clerk shall close the file.
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- 02-15-2014, 11:00 PM Thread Author #1
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Nexus 7 not charging and now completely dead!
My Nexus 7's (2013) battery was low so I decided to charge it. I plugged it in to a AC adapter and it showed that it was charging. The tablet's battery was decreasing! I decided to turn it off and charge it. I've been trying to fix the tablet for a while. It showed empty battery icon, LED light above the usb port was flickering 5 times. Then it showed no more sign of life. I've tried many things including holding power button for 1 minute, tried different chargers, plugged in a different outlet, used original charger. The tablet is still under warranty but I don't want to go through all the trouble to get a new one. Please help, all posts are appreciated. Also my tablet is not rooted.
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Re: Nexus 7 not charging and now completely dead!
Tried to charge it using wireless Qi instead of the micro usb port?
- 02-16-2014, 01:05 PM Thread Author #3
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Re: Nexus 7 not charging and now completely dead!
Since the battery went almost (let's hope it's almost, because if it's dead, the internal safety fuse blew and it's no longer a battery) completely dead, the first few hours on the charger won't put any charge into the battery, it'll just ramp the battery up to begin to charge. Leave it plugged in (turned off through the whole time) for 24 hours and see if that brings it back to life.
In the future, charge it around the 50% point. If it gets much below 30% and won't charge when turned off, don't turn it on, get it fixed.
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By The Associated Press
JACKSON, Miss. (AP) — The military says an Army Reserve soldier from east Mississippi has died in Afghanistan.
The Department of Defense announced Tuesday in a news release that 55-year-old Sgt. 1st Class Coater B. Debose of State Line, Miss., died Sunday in Kandahar province, Afghanistan.
Army spokeswoman Amanda C. Glenn said Debose was killed by small arms fire while conducting security operations. He deployed in April to train Afghan police in and around Kandahar. The death is under investigation.
Debose joined the Alabama Army National Guard in 1983. State Line, his hometown, is a small town southeast of Waynesboro, Miss., near the border of Mississippi and Alabama. He transferred to the Army Reserves in 2008.
Debose is survived by his wife, Juanita and several children: Latravis Debose of Moss Point, Miss., Caronica Jackson, of Hattiesburg, Miss., Christopher Debose, of Parris Island, S.C., Nekeshia Raybon, of Wright Patterson Air Force Base Dayton Ohio, and Broderick Debose, of Petal, Miss.
Funeral services and a unit memorial service are being planned.
Debose was assigned to the 2nd Battalion, 351st Infantry Regiment, 158th Infantry Brigade, 1st Army Division East, Camp Shelby, Miss. The 158th trains other soldiers at Camp Shelby, a sprawling base near Hattiesburg, but the group also deploys overseas for missions.


text:
Last week I presented the concept of equally-weighted risk contribution (ERC) portfolios and showed that this risk-based indexation methodology can deliver alpha compared to classical benchmarks like the S&P 500. I want to give readers a quick update on the recent performance.
After a light pullback in the first half of April, the US stock market recovered nicely until month-end and reached new highs for the year. The SPDR S&P 500 (NYSEARCA:SPY) gained 2.90% and the SPDR Dow Jones Total Market (TMW) gained 2.76% while all basic ERC Portfolios also delivered strong gains. The US Sector ERC Portfolio even overtook its benchmark during the month of April for the first time this year.
The US Sector ERC Portfolio, which consist of the nine sector SPDRs (XLY, XLP, XLE, XLF, XLV, XLI, XLB, XLK, XLU), gained 3.55% during April and outperformed its benchmark by 65bps. On a risk-adjusted basis, the US Sector ERC Portfolio outperformed the SPDR S&P 500 clearly over the last year with a Sharpe Ratio of 1.02 compared to 0.84 for the benchmark. In addition, its information ratio is currently at 0.76, which is very good for a passive index strategy. Furthermore, the portfolio's daily Value-at-Risk is just at -2.87% compared to 3.23% for the SPDR S&P 500.
Both the US Equities ERC Portfolio, which consist of SPY, IJH and IJR, and the US Style ERC Portfolio, which consist of IVW, IVE, IJK, IJJ, IJTand IJS, delivered strong returns during April. The US Equities ERC Portfolio's gain of 2.76% matched the benchmarks performance, while the gain of 2.72% of the US Style ERC portfolio fell just 4bps short off the benchmark's month-end gain. However, both portfolios still clearly outperform their benchmark over a mid- to long-term view on an absolute comparison as well as on a risk-adjusted basis. Both portfolios exhibit currently an information ratio of 0.59 and a Treynor Ratio of 0.22 over the last year, despite their slightly higher volatility and VaR compared to the benchmark. Furthermore, both portfolios exhibit a beat below 1.
Given the steadily rising equity markets during the month of April, the volatility (the VIX Index) went gradually lower until month-end, despite its volatility hiccup on April 18, which turned out to be a sharp reversal day. Given the easing volatility, all hedged portfolios with volatility instruments underperformed their un-hedged versions as well as their respective benchmarks on an absolute basis.
The US Sector ERC Portfolio Hedge gained 2.74%, which brings its return over the last year to +12.83% with a volatility of 11.71%. Given the much lower volatility compared to the benchmark, its Sharpe Ratio at 1.07 is still much higher than the Sharpe Ratio of 0.84 of the SPDR S&P 500.
The US Equities ERC Portfolio Hedge gained 2.02% which brings its gain over the last year to 15.16%, with a volatility of 15.36%. Its Sharpe Ratio of 0.97 is still above that of the SPDR Dow Jones Total Market.
The US Style ERC Portfolio Hedge gained 1.99%, which brings its return to +15.10% with a volatility of 15.37%. Given its Sharpe Ratio of 0.97 it still outperforms its benchmark from a risk-adjusted point of view.
Disclosure: I have no positions in any stocks mentioned, and no plans to initiate any positions within the next 72 hours.


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Word mark
Trademark: 'APACK'
On 27. 7. 1999 the community trademark application no. 001256031 was filed for APACK (Word mark) by APACK Aktiengesellschaft für biologische Verpackungen before the OAMI.The goods and services in respect of which registration of the trademark was sought are in class 16. The current status of the trademark is registration expired.
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The Lewmar Ocean line offers an extensive range of features starting with the モWavespring in self-tailer. Lewmar's self-tailing system combines a gentle wave grip with self-adjusting springs. It can handle today's smaller diameter lines as well as traditional larger Dacron composite ropes. A sleek, minimum friction feeder arm provides a snag-free operation. No tools are required to service a Lewmar winch. Just unscrew the top cap with your fingers to remove the drum and provide access to the center stem and deck fitting holes.
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