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Equine Law Matter - Closed - Get Information, Read Court Documents

No. CIV.A.02-30099-KPN
September 27, 2002
NEIMAN, United States Magistrate Judge.
In this diversity action, Back Bay Farm, LLC (“Plaintiff”) alleges that Allison Collucio d/b/a Ashmont Farms (“Defendant”) knowingly used false and deceitful tactics when selling Plaintiff a horse. The complaint alleges a single violation of the Massachusetts consumer protection statute, Mass. Gen. L. ch. 93A (“chapter 93A”). Currently at issue is Defendant’s motion to dismiss the complaint for failing to state a claim upon which relief may be granted, for lack of personal jurisdiction and for improper venue. After hearing and for the reasons stated below, the court will deny Defendant’s motion.1
The factual background is taken verbatim from Plaintiff’s complaint:
1. Plaintiff is a Massachusetts LLC with offices … [in] Springfield ….
2. Defendant is an individual doing business as Ashmont Farms with [her] usual address … in Middleburg, [Virginia].2
. . . . .
4. Plaintiff, in November, 2000[,] purchased from … Defendant a horse named “Valentina” for the sum of $60,000.00 under the representation of … Defendant that the horse was suitable for the average rider and was suitable for the purpose of a “show horse” for less then [sic] an expert rider.
5. Upon receipt of the horse in Massachusetts Lisa Kupsc [(“Kupsc”)], [Plaintiff’s] manager … and an above average rider[,] found that in fact the horse could not be handled or ridden by a rider unless the rider was a very experience [sic] and professional horseman.
6…. Defendant was so notified and agreed that the horse could not be ridden by the average rider and requested that the horse be sent to her farm in Florida where she would sell it and return the $60,000.00 to … Plaintiff.
7. Plaintiff, at its expense, shipped the horse to Florida. Despite numerous communications and demands Defendant has refused to return the $60,000.00 and without notifying or asking permission shipped the horse to a farm in New Jersey. A demand letter as required under [chapter] 93A was sent to … Defendant on November 19, 2001 without response.
8. Defendant has knowingly used false and deceitful tactics in fraudulently selling the horse to … Plaintiff in violation of [chapter] 93A.
(Complaint at 1-2.) Additional facts with respect to the personal jurisdiction issue are described below.
In support of her motion to dismiss, Defendant asserts that Plaintiff’s complaint fails to state a claim upon which relief may be granted, that the court lacks personal jurisdiction over Defendant, and that venue is improper. The court considers each of these three arguments in turn. In the end, the court concludes that the case should not be dismissed.
Echoing the language of Fed. R.Civ.P. 12(b)(6), Defendant argues in the last few paragraphs of her memorandum of law that Plaintiff’s complaint “fails to state a claim against [her] upon which relief may be granted.” (Docket No. 5 (Defendant’s Brief) at 13-14.) Defendant’s Rule 12(b)(6) argument, however, depends almost exclusively on facts and documents outside of those raised in the complaint. Accordingly, it is misplaced. See Watterson v. Page,987 F.2d 1, 3 (1st Cir.1993) (observing in Rule 12(b)(6) context that “any consideration of documents not attached to the complaint, or not expressly incorporated therein, is [ordinarily] forbidden, unless the proceeding is properly converted into one for summary judgment under Rule 56”).3
Even if Defendant’s Rule 12(b)(6) argument was properly presented, Plaintiff has sufficiently pled a violation of chapter 93A. Federal Rule of Civil Procedure 8(a)(2) states that a complaint need only contain “a short and plain statement of the claim showing that the pleader is entitled to relief.” See also Fed.R.Civ.P. 8(e)(1) (“Each averment of a pleading shall be simple, concise, and direct.”). According to the Supreme Court, under these “ordinary rules for assessing the sufficiency of a complaint … [t]he issue is not whether a plaintiff will ultimately prevail but whether the claimant is entitled to evidence to support the claims.” Swierkiewicz v. Sorema,534 U.S. 506, 122 S.Ct. 992, 997, 152 L.Ed.2d 1 (2002) (citation and internal quotation marks omitted).
Moreover, with respect to chapter 93A, the Massachusetts Supreme Judicial Court has held that “the existence of unfair acts and practices must be determined from the circumstances of each case.” Nader v. Citron,372 Mass. 96, 360 N.E.2d 870, 876 (1977). In addition, the court observed that other “factual nuances” of a particular chapter 93A action might also “require elaboration through discovery and development at trial.” Id.See also id. at 875-76 (discussing 93A claim in context of Mass. R. Civ. P. 8(a)(1) and noting that “[d]ecisions under the analogous Federal rule hold that a complaint is sufficient against a motion to dismiss if it appears that the plaintiff may be entitled to any form of relief, even though the particular relief he has demanded and the theory on which he seems to rely may not be appropriate”). Such is the case here. In the court’s view, Plaintiff has sufficiently pled a violation of chapter 93A and ought to be allowed to flesh out that claim through discovery. Accordingly, the court turns to Defendant’s central contention, that the court lacks personal jurisdiction over her.
Rule 12(b)(2) provides the basis for Defendant’s personal jurisdiction argument. See id. (a defendant, prior to filing an answer, may move to dismiss action for “lack of jurisdiction over the person”). A court’s exercise of personal jurisdiction over a non-resident defendant, as here, presents a two-fold inquiry: (1) whether the plaintiff has demonstrated that the assertion of jurisdiction is authorized by statute, and, if authorized, (2) whether such assertion is consistent with basic due process requirements. Sawtelle v. Farrell,70 F.3d 1381, 1387 (1st Cir.1995); Foster-Miller, Inc. v. Babcock & Wilcox Canada,46 F.3d 138, 144 (1st Cir.1995). The court will consider these two questions after describing some additional facts. See Boit v. Gar-Tec Products, Inc.,967 F.2d 671, 675, 681-82 (1st Cir.1992) (when faced with Rule 12(b)(2) motion, a plaintiff must go beyond the pleadings and affirmatively prove that sufficient contacts exist between the defendant and the foreign state) (citations omitted); Callahan v. Harvest Bd. Intern., Inc.,138 F.Supp.2d 147, 152-53 (D.Mass.2001) (unlike Rule 12(b)(6) motion, “[t]he consideration of materials outside the complaint is appropriate in ruling on a [Rule 12(b)(2)] motion to dismiss for lack of personal jurisdiction”) (citing cases).
1. Plaintiff’s Facts
Along with her opposition, Plaintiff has submitted a number of personal jurisdiction-related facts. First, Plaintiff tenders an affidavit of its manager, Kupsc, which states as follows with respect to Plaintiff’s initial contact with Defendant: “I was contacted in Massachusetts by an agent for … Defendant about the purchase of the horse and was familiar with the name of … Defendant due to her advertising in The Chronicle of the Horse magazine[,] to which I subscribe[,] and her inter net web site.” (Docket No. 7 (Plaintiff’s Brief), Exhibit IV ¶ 9.) This initial contact apparently took place prior to November of 2000, (see id., Exhibit VIII), and “was instituted through [Defendant’s] agent with contact made in Massachusetts” (id., Exhibit IV ¶ 9).
Plaintiff also attaches a one-page “Ashmont Farm, Inc.” advertisement from a recent edition of The Chronicle of Horse magazine in which pictures and descriptions of four horses (but not Valentina) are displayed. (Id., Exhibit VI (dated May 17, 2002).) The bottom of the page reads as follows:
Many of these Wonderful horses are available for sale!
Don’t Forget our Ponies too!
Visit our website: www.ashmontfarm.com
540-253-9612 Fax
(Id.) Similarly, a recent page from Defendant’s web-site states the following: “Ashmont is one of the most successful sales, showing and breeding businesses in the United States. Our horses and ponies have dominated every major horse show in both performance and breeding divisions. We offer twenty to thirty outstanding horses and ponies.” (Id., Exhibit VII (dated July 24, 2002).)4
In addition, Kupsc notes in a July 27, 2001 letter she wrote to Defendant that she and her trainer, Chris Johnson (“Johnson”), “after receiving a call from [Defendant’s] agent,” flew to Virginia in November of 2000 in order to make the purchase. (Id., Exhibit VIII.) It was at Defendant’s premises in Virginia, Kupsc wrote, that the alleged deception apparently took place:
The horse was represented to [us] as being the “the perfect horse” for an older beginner. While at your farm [Johnson] was very emphatic that the horse was being purchased for myself [sic] and that my riding ability could best be described as “a forty two year old short stirrup rider”. At that time … Johnson asked you point blank if the horse “could take a joke” due to my limited experience as a rider. You and your husband responded without hesitation “absolutely”.
For his part, Johnson avers in his own affidavit that, based on Defendant’s representations, he “signed a bill of sale on behalf of … Plaintiff on November 27, 2000” and that Valentina was then delivered to Plaintiff’s farm. (Id., Exhibit V ¶¶ 2-4.)5 In return, $60,000 was “transferred from [Kupsc’s] Massachusetts bank to [Defendant’s] bank in Virginia.” (Id., Exhibit IV ¶ 4.)
Finally, Kupsc’s affidavit states the following:
5. Upon receipt of the horse it was found that even after four weeks the horse was so headstrong and unmanageable that she was a danger to ride.
6…. Defendant was notified of the problem and a demand for the return of the purchase price was made. Defendant in lieu of refunding the $60,000.00 agreed that she would sell the horse by the end of February [of 2001] and return the purchase price at that time if [I] ship the horse to her farm in Florida. I shipped the horse as requested and failed to hear [a]nything more from … Defendant until May [of 2001] when I was informed that … Defendant had a buyer for the horse.
7…. Defendant informed me that the horse had a fungus on her hoof and the buyer wanted it cleared up before completing the purchase. On or about August 15, 2001 I received a fax from … Defendant which included a “bill of sale” which the buyers of the horse had requested as “they are sticklers for paperwork”. I was asked to execute this new “bill of sale” which I would not do as it did not comply with the original bill of sale.
8. Numerous attempts to contact … Defendant were to no avail and I requested our attorney to write to her demanding our purchase price or face legal action ….
(Id. ¶¶ 5-8.)
2. Defendant’s Facts
Defendant supplies a number of additional jurisdictional facts as well. First, she states in an affidavit that she is the president of Ashmont Farm, Inc., which has “places of business (farms) in Middleburg, Virginia and Wellington, Florida.” (Defendant’s Brief, Exhibit A ¶ 3.) Defendant also avers that she is “not a resident of Massachusetts” and does “not own any real estate in the Commonwealth.” (Id. ¶ 2.) As for Ashmont Farm, Inc. — a company “in the business of breeding, training, and selling horses” — Defendant further avows that the corporation “does not own property or have a place of business in Massachusetts[,] … have an agent or employee who resides in Massachusetts[,] … regularly transact business or solicit business in Massachusetts … [or] derive substantial revenue from sales of horses to Massachusetts residents.” (Id. ¶¶ 4-8.) Defendant also states in her affidavit that “Ashmont Farm, Inc. has sold few horses that were going to Massachusetts” and she “can only think of two such sales in the past five years, one of them being the horse sold to [Plaintiff].” (Id. ¶ 9.) With respect to Valentina, Defendant then avows as follows:
10. The sale of [Valentina] to [Plaintiff] was made through a broker or agent.
11. I was in Virginia during all of my communications with that broker or agent.
12. The horse was paid for by a wire transfer of funds to Ashmont Farm, Inc.’s bank account in Virginia.
13. The horse was picked up by [Plaintiff] in Virginia and [Plaintiff] arranged for the horse to be transported by a commercial transporter.
(Id. 10-13.) Defendant then appends a “bill of sale” dated November 24, 2000. However, that document, the court notes, contains only Defendant’s signature. (Id.,Exhibit B.)6
Finally, Defendant attaches a “consignment agreement” dated February 2, 2001, which was executed by both Kupsc (on behalf of Plaintiff) and Defendant (on behalf of Ashmont Farm, Inc.). (Id., Exhibit C.) The consignment agreement specifically states that, while Plaintiff “is the sole owner of … Valentina,” Ashmont Farm, Inc. is the “exclusive agent to sell the animal.” (Id. ¶¶ 1 and 2.) In addition, the agreement provides that Ashmont Farm, Inc. “may offer the animal for sale for [$75,000]” and that Plaintiff agreed to accept that sum less Ashmont Farm, Inc.’s right to be paid a fifteen percent commission. (Id. ¶¶ 3-5.) The agreement also states that its “term … shall be until further notice, except that Ashmont [Farm, Inc.] may terminate [it] whenever in its opinion the animal becomes unsaleable for any reason for [$75,000].” (Id. ¶ 9.) Plaintiff, the agreement continues, “may terminate this agreement at any time with 14 days advance written notice to Ashmont [Farm, Inc.],” so long as “no deposit or sale transaction has already begun.” (Id.) The consignment agreement concludes by stating that it “shall be governed by the laws of the State of Florida.” (Id. ¶ 10.)
3. Statutory Considerations
With regard to the initial personal jurisdiction inquiry, the law of the forum state applies. Sawtelle, 70 F.3d at 1387 (citing cases). Here, both parties agree, personal jurisdiction depends, first, on the Massachusetts long-arm statute. In relevant part, that statute provides that “[a] court may exercise personal jurisdiction over a person, who acts directly or by an agent, as to a cause of action in law or equity arising from the person’s (a) transacting any business in this commonwealth.” Mass. Gen. L. ch. 223A, § 3(a).7
The parties’ section 3(a) arguments are perfunctory. Defendant states merely that neither she nor her agent came to Massachusetts, all of her dealings with Plaintiff occurred while she was in Virginia or Florida, the bill of sale was executed in Virginia, and she accepted payment for the horse in Virginia. Plaintiff’s argument is similarly sparse. It notes simply that Defendant regularly advertises in Massachusetts, contacted Plaintiff through Defendant’s agent and sold Valentina knowing the horse was going to the Commonwealth. Plaintiff also observes that Defendant has sold at least one other horse destined for Massachusetts.
Despite the scant attention paid to section 3(a), the parties do cite a few apt decisions. Plaintiff relies principally on Tatro v. Manor Care, Inc., 416 Mass. 763, 625 N.E.2d 549 (1994). In Tatro, a Massachusetts plaintiff slipped and fell in a hotel bathtub in California. The Supreme Judicial Court found that the hotel transacted business in Massachusetts under section 3(a) based on a broad range of activities and solicitations within the Commonwealth. See id. at 552. The court observed that “[t]he `transacting any business’ clause in § 3 has been construed broadly.” Id. at 551. (citations and internal quotation marks omitted). “Although an isolated (and minor) transaction with a Massachusetts resident may be insufficient,” the court explained, “generally the purposeful and successful solicitation of business from residents of the Commonwealth, by a defendant or its agent, will suffice to satisfy this requirement.” Id. at 551-52 (citations omitted). Given that the hotel in question engaged in a “broad[ ] range of activities”, — it “solicited and obtained meeting and convention business from at least ten Massachusetts businesses, … maintained telephone and mail contact with them … [and] accept[ed] … the plaintiff’s room reservation” — the court deemed it “obvious” that it transacted business in Massachusetts. Id. at 552.
Plaintiff also relies on Hahn v. Vermont Law Sch.,698 F.2d 48 (1st Cir. 1983), in support of this court’s personal jurisdiction over Defendant. In Hahn, cited approvingly in Tatro, the plaintiff-student sued his out-of-state law school after he received an “F” on an exam. The First Circuit, observing that the Massachusetts long-arm statute should be broadly construed, held that the law school’s purposeful actions in mailing application information and an acceptance letter to the plaintiff in Massachusetts were sufficient, without more, to constitute transacting business under section 3(a). See id. at 50-51.
In counterpoint, Defendant cites two decisions in which personal jurisdiction was found not to lie under section 3(a). Both of those decisions, Defendant argues, militate against the exercise of jurisdiction here.
In the first, Droukas v. Divers Training Academy, Inc.,375 Mass. 149, 376 N.E.2d 548 (1978), the Supreme Judicial Court held that the defendant, a Florida vendor, could not be haled into Massachusetts to defend a breach of warranty action arising from the sale of allegedly defective marine engines. See id. at 551-53. “[T]he defendant’s only contacts with Massachusetts,” the court noted, “were the placement of an advertisement in a publication distributed in the Commonwealth, the receipt in Florida of a telephone call from the plaintiff in Massachusetts in regard to the purchase of the two engines, the sending of correspondence to the plaintiff confirming the sale, and the shipment of the engines `collect’ to the plaintiff in Massachusetts.” Id. at 551. It was also “undisputed that the defendant’s principal place of business [was] in Florida[,] … [i]t maintain[ed] no office in Massachusetts, … own[ed][no] property within the Commonwealth … [and] neither [it], its corporate president, nor any of its agents ha[d] previously done business within the Commonwealth or had any contact here other than that detailed above.” Id. On such facts, the court found, “the defendant’s contacts with Massachusetts were insufficient to constitute the transaction of business in the Commonwealth so as to come within the reach of [section] 3(a).” Id.
The second section 3(a) decision Defendant cites is Lyle Richards Intern., Ltd. v. Ashworth, Inc.,132 F.3d 111 (1st Cir. 1997). There, the First Circuit was confronted with a breach of contract and chapter 93A action brought by a Massachusetts company which served as the purchasing agent for the defendant, a California-Delaware corporation. The First Circuit found that jurisdiction did not exist under section 3(a) for the contract claim. Id. at 113-14.8 Key to the court’s decision was the fact that the plaintiff had made an unsolicited offer to be the defendant’s purchasing agent. See id. 112-13. In addition, the court found that the agreement, although “drafted and signed by [the plaintiff] in Massachusetts,” was negotiated “by phone and at meetings in California and China.” Id. at 112. Moreover, the court noted, “most performance required from [the plaintiff] under the Agreement was to be rendered outside Massachusetts [and] … [t]he Agreement did not even require that the internal administrative functions actually conducted by [the plaintiff] in Massachusetts be performed there, such as arranging for merchandise shipments from the Chinese-Taiwanese suppliers to [the defendant] in California, receiving price quotes or product samples from the Asian factories, or reporting to [the defendant] on market conditions and the availability of merchandise.” Id. at 113 (emphasis in original). Finally, the court observed that the parties’ agreement did not “indicate that [the plaintiff] either needed or intended to perform its `quality control’ responsibilities in Massachusetts.” Id.
Even with the assistance of the cited decisions, the section 3(a) question in the case at bar remains difficult to answer. On the one hand, Defendant’s modest contacts with Massachusetts appear “isolated” or “minor.” On the other hand, it seems reasonable to conclude that, given the facts presented, Defendant, through her agent, not only targeted Plaintiff but also, with or without an agent, purposefully and successfully engaged in other horse sales with Massachusetts residents. At bottom, the court believes that Plaintiff’s cause of action is one “arising from” Defendant’s “transacting business” in Massachusetts such that jurisdiction over her pursuant to section 3(a) exists. Several reasons support this conclusion. First, although the parties do not argue the point, the court finds that the chapter 93A claim is one “arising from” Defendant’s initial contact with a Massachusetts consumer. As the First Circuit stated in Lyle Richards, “[t]he `arising from’ clause … is to be generously construed in favor of asserting personal jurisdiction, by applying the following `but for’ causation test: Did the defendant’s contacts with the Commonwealth constitute the first step in a train of events that resulted in the personal injury.” Id., 132 F.3d at 14 (citation and internal quotation marks omitted). Here, unlike the cases she cites, Defendant appears to have made the initial contact with Plaintiff. Kupsc avers not only that she “was contacted in Massachusetts by an agent for … Defendant about the purchase of the horse,” but that the sale “was instituted through [Defendant’s] agent with contact made in Massachusetts.”9 In the court’s view, this initial contact by Defendant’s agent began the “train of events” which resulted in the alleged chapter 93A violation. Accordingly, like the hotel in Tatro,Defendant purposefully “solicited and obtained” Plaintiff’s business and Plaintiff’s complaint is one “arising from” that contact.
Second, the caselaw indicates that the purposeful and successful solicitation by a defendant of a Massachusetts customer may, when combined with other forum contacts, amount to “transacting business” under section 3(a). See Tatro, 625 N.E.2d at 554 (viewing defendant’s agreement to provide plaintiff with hotel accommodations in California in conjunction with its solicitation of business in Massachusetts in section 3(a) calculus). Cf. Asahi Metal Indus. Co. v. Superior Court,480 U.S. 102, 112, 107 S.Ct. 1026, 94 L.Ed.2d 92 (1987) (plurality observation that placement of product into stream of commerce, plus “something more,” e.g., advertising, establishing channels for advice to customers in the state or using a sales agent in the forum, might subject defendant to jurisdiction in the forum state). Here, as indicated, Defendant concedes that she has sold other horses (she says “few”) “that were going to Massachusetts.” Compare Northern Light Tech., Inc. v. Northern Lights Club,97 F.Supp.2d 96, 104 (D.Mass. 2000) (refusing to find personal jurisdiction under section 3(a) where “none of the Defendants entered into a commercial relation with a Massachusetts resident”), aff’d,236 F.3d 57 (1st Cir.), cert. denied, 533 U.S. 911, 121 S.Ct. 2263, 150 L.Ed.2d 247 (2001). In addition, Defendant advertised her horses to Massachusetts consumers, including Plaintiff, via a world wide web page describing “sales … in the United States” and in a magazine. These extra contacts, the court believes, further tip the scale in favor of personal jurisdiction under section 3(a).10
Third, and perhaps most importantly, there are several unique facts that further tie Defendant to Plaintiff in Massachusetts. For example, it appears that Kupsc and Johnson agreed to fly to Virginia only after they received a call from Defendant’s agent, the very person who had initiated the transaction. Also, in February of 2001, after Plaintiff shipped the horse from Massachusetts to Virginia, the parties negotiated a consignment agreement. Thereafter, Defendant contacted Plaintiff with information about a possible sale to a third party. Then, in August of 2001, Defendant attempted to persuade Plaintiff to sign a new “bill of sale” by sending a draft to Plaintiff in Massachusetts. In short, the court believes that, based upon the totality of the circumstances, there are sufficient facts to conclude that Defendant “transacted business” in Massachusetts under section 3(a) of the Commonwealth’s long-arm statute and that the action is one “arising from” those transactions.
4. Due Process Requirements
In addition to the statutory inquiry, the court must necessarily determine whether the assertion of jurisdiction over Defendant would comport with the restraints imposed by the due process clause of the United States Constitution. The First Circuit has designated “three distinct components” to this due process inquiry, “relatedness, purposeful availment (sometimes called `minimum contacts’), and reasonableness,” Foster-Miller, 46 F.3d at 144, each of which must be satisfied,Ticketmaster-New York, Inc. v. Alioto,26 F.3d 201, 206 (1st Cir.1994). In the court’s view, Plaintiff has sufficiently satisfied all three components.
a. Relatedness
Defendant first argues that she established no meaningful contacts, ties or relations with Massachusetts and, therefore, that Plaintiff has not satisfied the relatedness inquiry. In light of all the facts discussed above, however, the court believes that, at least for personal jurisdictional purposes, Defendant is sufficiently tied to the Commonwealth under the relatedness prong. As the First Circuit has stated, the relatedness requirement — “that a suit arise out of, or be related to” Defendant’s forum activities — “ensures that the element of causation remains in the forefront.” Ticketmaster-New York, 26 F.3d at 206, 207. Here, as the court has already determined, Plaintiff’s claim arises from Defendant’s Massachusetts activity. The relatedness element has thus been met.
b. Purposeful Availment
The “purposeful availment” requirement of the due process inquiry is designed to assure that personal jurisdiction is not premised solely upon a defendant’s “random, isolated, or fortuitous” contacts with the forum. Keeton v. Hustler Magazine, Inc.,465 U.S. 770, 774, 104 S.Ct. 1473, 79 L.Ed.2d 790 (1984). Plaintiff must demonstrate that Defendant’s contacts “represent a purposeful availment of the privilege of conducting activities in [Massachusetts], thereby invoking the benefits and protections of its laws and making [Defendant’s] involuntary presence before [a Massachusetts] court foreseeable.” Pritzker v. Yari,42 F.3d 53, 61 (1st Cir. 1994). The cornerstones upon which the purposeful availment component rests are voluntariness and foreseeability. Ticketmaster-New York, 26 F.3d at 207.
The facts of the case at bar demonstrate that Defendant voluntarily entered into a relationship with Plaintiff and that it was reasonably foreseeable that she would have further contact with Massachusetts. As described, the facts as presented indicate that Defendant, through her agent, initiated contact with Plaintiff with respect to the transaction at issue. Defendant also purposefully solicited and engaged in business relationships with other buyers of horses destined for Massachusetts. Finally, as indicated, Defendant engaged in additional post-transaction contact with Plaintiff in the Commonwealth. Thus, she purposefully availed herself of this forum.
c. Reasonableness
As to the last component, the assertion of jurisdiction over a defendant must also be reasonable, that is, it must “not offend `traditional notions of fair play and substantial justice.'” International Shoe Co. v. State of Washington,326 U.S. 310, 316, 66 S.Ct. 154, 90 L.Ed. 95 (1945) (quoting Milliken v. Meyer,311 U.S. 457, 463, 61 S.Ct. 339, 85 L.Ed. 278 (1940)). See Asahi, 480 U.S. at 113, 107 S.Ct. 1026. As the First Circuit has explained,
[T]he Due Process Clause bars a court from asserting jurisdiction over the person of a defendant if doing so would be fundamentally unfair. In this context, gauging fairness requires an assessment of reasonableness for, in certain circumstances, unreasonableness can trump a minimally sufficient showing of relatedness and purposefulness…. [T]he reasonableness prong of the due process inquiry evokes a sliding scale: the weaker the plaintiff’s showing on the first two prongs (relatedness and purposeful availment), the less a defendant need show in terms of unreasonableness to defeat jurisdiction. The reverse is equally true: an especially strong showing of reasonableness may serve to fortify a borderline showing of relatedness and purposefulness.
Ticketmaster-New York, 26 F.3d at 210. In analyzing this reasonableness prong, the court, as further directed by the First Circuit, must weigh five factors: (1) the burden on the defendant in appearing; (2) the interest of the forum state in adjudicating the dispute; (3) the interest of the plaintiff in obtaining convenient and effective relief; (4) the interest of the judicial system in obtaining the most effective resolution of the controversy; and (5) the interests common to all sovereigns in promoting substantive social policies. Foster-Miller,46 F.3d 138 at 150.
The court believes that, on balance, the five reasonableness factors favor Plaintiff. First, although there is clearly a burden on Defendant in having to litigate this case far from home, she has not demonstrated any special or unusual hardship. See Pritzker, 42 F.3d at 64; Northern Light Tech., 97 F.Supp.2d at 107. Second, Massachusetts certainly has an interest in preventing the violation of its consumer protection statute. Third, Defendant does not dispute that the convenience of Plaintiff, who has specifically sought this forum, weighs in favor of Massachusetts. The fourth and fifth factors add little to the mix: the judicial systems’ interest in obtaining the most efficient resolution of a case such as this is generally considered “a wash,” Nowak v. Tak How Invs., Ltd., 94 F.3d 708, 718 (1st Cir.1996), and the interests of competing social policies, id. at 719, has little impact here.
5. Viability
Defendant finally argues that the court may not “base its exercise of jurisdiction on claims which are not viable.” Callahan, 138 F.Supp.2d at 165 (citation omitted). As indicated, however, the court does not believe the complaint fails to state a claim upon which relief may be granted. Still, it is worth addressing one specific personal jurisdiction argument Defendant makes with respect to viability.
Defendant characterizes the complaint as involving section eleven of chapter 93A — which allows a consumer protection suit to be brought by and against “[a]ny person who engages in the conduct of any trade or commerce,” Mass. Gen. L. ch. 93A, § 11 — as opposed to section nine — which permits a chapter 93A action to be brought only by “[a]ny person, other than a person entitled to bring an action under section eleven,” Mass. Gen. L. ch. 93A, § 9. The distinction is important for personal jurisdiction purposes, Defendant contends, because section eleven, unlike section nine, also provides for a jurisdiction-sounding affirmative defense, that is, there can be no liability under section eleven where “the actions or transactions constituting the alleged … unfair or deceptive act or practice [have not] occurredprimarily and substantially within the commonwealth.” Mass. Gen. L. ch. 93A, § 11 (emphasis added). In essence, Defendant argues as follows: her alleged deceit did not occur “primarily and substantially within the commonwealth”; the chapter 93A claim, therefore, is not viable; ergo, personal jurisdiction does not lie.
In the court’s view, the ultimate viability of the claim, as well as Defendant’s section eleven affirmative defense, is for another day. Even assuming section eleven governs, the case law is clear that the personal jurisdiction inquiry is separate and distinct from the question of whether the allegedly deceptive acts occurred “primarily and substantially within the commonwealth.” See Sonesta Intern. Hotels Corp. v. Cent. Fla. Investments, Inc.,47 Mass.App.Ct. 154, 712 N.E.2d 607, 611-13 (1999). See generally Amcel Corp. v. Intern. Executive Sales, Inc.,170 F.3d 32 (1st Cir.1999); Charles River Data Sys., Inc. v. Oracle Complex Sys. Corp.,788 F.Supp. 54 (D.Mass.1991). Moreover, as the First Circuit has directed, a section eleven cause of action, attacked via a motion to dismiss, should survive a “primarily and substantially” challenge so long as the complaint alleges that the plaintiff is located, and claims an injury, in Massachusetts. See Amcel, 170 F.3d at 36. Such is the case here. (See Complaint ¶¶ 1, 5-8.) In short, Plaintiff has sufficiently pled a chapter 93A violation under Rule 8’s liberal standards and is entitled to further define the contours of that claim — either as a section nine or section eleven claim — through discovery.
6. Summary
In sum, the viability question is, at best, premature. Moreover, since Plaintiff has satisfied the relatedness, purposeful availment and reasonableness inquiries, the assertion of jurisdiction over Defendant comports with due process. The court also believes, for the reasons described, that jurisdiction over Defendant is supported by section 3(a) of the Massachusetts long-arm statute. Accordingly, the court rejects Defendant’s Rule 12(b)(2) argument.
Finally, Defendant’s conclusory argument to the contrary, the court believes that venue in Massachusetts is permissible under 28 U.S.C. § 1391(a)(1) (allowing diversity action to be brought in a judicial district where the defendant resides) since Defendant is “deemed to reside in any judicial district in which it is subject to personal jurisdiction at the time the action is commenced.” 28 U.S.C. § 1391(c). See Kolash v. Vermont Ctr. for Deaf & Hard of Hearing, Inc., 2002 WL 1465768, at *2 (D.Mass. July 9, 2002). To be sure, section 1391(c) applies only when the defendant is a “corporation” and here Defendant has been sued as a “person” doing business as a corporate entity. Any distinction between these two forms, however, is of no moment since, as indicated, Defendant acknowledges that the suit, “in fact,” is against “Ashmont Farm, Inc., a corporation that is incorporated in Florida with places of business in Wellington, Florida and Middleburg, Virginia.”11
For the foregoing reasons, Defendant’s motion to dismiss Plaintiff’s complaint is DENIED. The clerk shall schedule an initial scheduling conference.

1. The parties have consented to the jurisdiction of this court pursuant to 28 U.S.C. § 636(c) and FED. R. CIV. P. 73(b).
2. Although the court will refer to Defendant as “she” or “her,” i.e., Ms. Collucio, Defendant acknowledges in her Notice of Removal that the suit, “in fact,” is against “Ashmont Farm, Inc., a corporation that is incorporated in Florida with places of business in Wellington, Florida and Middleburg, Virginia.” (Docket No. 1 ¶ 7.)
3. Defendant does not (nor could she) contend that her Rule 12(b)(6) argument has been converted into a request for summary judgment pursuant to Fed.R.Civ.P. 56. For conversion to take place, a plaintiff must “be given reasonable opportunity to present all material made pertinent to such a motion by Rule 56.” Fed.R.Civ.P. 12(b). Plaintiff has had no such opportunity here.
4. The web page also states “When You’re Dreaming of A Champion … Today the dream is reality.” This language is then followed by the following: pictures and captions of two prize-winning horses (but not Valentina); what appears to be links to another company; and an “on-site calculator” for “Hunter Points” and “Jumper Money.” Finally, the page indicates that the web-site has registered over 64,000 hits since July 4, 1999. (Id.)
5. A copy of the November 27, 2000 “bill of sale” is appended to Plaintiff’s memorandum of law, (see id., Exhibit I), although Kupsc avers that the sale was actually “completed on November 24, 2000” (id., Exhibit IV ¶ 3).
6. It appears that the November 24, 2000 “bill of sale” appended to Defendant’s memorandum of law is actually the one Kupsc received from Defendant on August 15, 2001, but refused to sign. (See Plaintiff’s Brief, Exhibit IV ¶ 7.) Nonetheless, Defendant characterizes the November 24, 2000 document as the operative contract. (See Defendant’s Brief at 2-3, 8, 10 and 12-13.)
7. Although Defendant, in her motion, addresses other prongs of the long-arm statute, (e.g., sections 3(b), 3(c) and 3(d)), Plaintiff seeks shelter only under section 3(a). Thus, Plaintiff argues merely that the court has personal jurisdiction over Defendant because Defendant transacts business in Massachusetts.
8. The court considered the chapter 93A claim solely under section 3(c) of the Massachusetts long-arm statute which, as indicated, has not been argued here.
9. To be sure, Defendant’s counsel states in his memorandum of law that “Plaintiff, through an employee or agent, contacted an independent horse broker for purposes of purchasing a horse from Ashmont Farm, Inc.” (Defendant’s Brief at 2 (emphasis added).) However, there is no affidavit or other evidence to that effect.
10. That being said, the court would not find the existence of personal jurisdiction if the web page provided here was Defendant’s only contact with Massachusetts. In internet-personal jurisdiction cases, some courts have looked to the “interactivity” of the web-site and concluded that “passive” pages — i.e., ones that only make information available to those who are interested — do not provide independent grounds for the exercise of personal jurisdiction. See e.g., Zippo Mfg. Co. v. Zippo Dot Com, Inc.,952 F.Supp. 1119, 1124 (W.D.Pa. 1997). See also Hasbro, Inc. v. Clue Computing, Inc.,994 F.Supp. 34, 40 (D.Mass. 1997) (applying Zippo). The page at issue here is essentially passive and, thus, would not independently provide for jurisdiction under a Zippo analysis. However, even viewing the web-site here as more than a static advertisement (e.g., it has “links” and an “on-site calculator”), the court would be reluctant to follow Zippo and transform those interactive elements, by themselves, into the “transacting of business.” See generally Nathan A. Olin, The A-B-C-s of Targeting: A Formula for Resolving Personal Jurisdiction-Internet Issues Within the District of Massachusetts, 23 W. New. Eng. L.Rev. 237, 251-55 (2002) (describing the current “movement … to look deeper than the mere level of inactivity or passivity of a particular web-site”).See also Robert W. Hamilton & Gregory A. Castanias, Tangled Web: Personal Jurisdiction and the Internet, 24 No. 2 LITIG. 27, 34 (“If, in order to avoid the risk of being haled into [every] court across the country, you must limit your company’s use of the Web to simply a passive, static Website, then why bother?”); Am. Bar Ass’n Global Cyberspace Jurisdiction Project, Achieving Legal and Business Order in Cyberspace: A Report on Global Jurisdiction Issues Created by the Internet, at 60 n. 1 (July 10, 2000), at http://www.abanet.org/buslaw/cyber/initiatives/draft.rtf (“If each web site subjected its sponsor to global jurisdiction, many would forego use of the technology for fear of its secondary costs.”); cf. id. at 63 (noting that, because of Zippo, courts have become “clearly … convinced that the nature of a defendant’s web site is relevant to the jurisdictional issue, but a failure to articulate why it is relevant makes it difficult to determine where the jurisdictional line should be drawn in cases that fall between Zippo‘s two extremes”). Cf. Digital Equip. Corp. v. AltaVista Tech., Inc.,960 F.Supp. 456, 471 (D.Mass. 1997) (finding it “troubl[ing] … to force corporations that do business over the Internet, precisely because it is cost-effective, to now factor in the potential costs of defending against litigation in each and every state”).
11. In any event, the venue statute also provides that “if there is no district in which the action may otherwise be brought,” venue will lie in “a judicial district in which any defendant is subject to personal jurisdiction at the time the action is commenced.” 28 U.S.C. § 1391(a)(3) (emphasis added).

May 2013 – Case settled
June 2013 – Notice to court – Allyson Collucio breached settlement agreement by tendering a “hot” check for $15,000 on May 16, 2003, according to court documents
Case closed September 2003

This post was updated on


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Academic Advising

Academic Advising

Welcome to the Office of Student Services on behalf of UCF Rosen College of Hospitality Management. Our mission is to provide outstanding service to students and the larger UCF community. From orientation to graduation, we provide you with the support and guidance needed to realize your educational goals. Our team is here to assist you in understanding university policies, course planning and registration assistance, study abroad and more.

We are available for assistance Monday through Friday, from 9:00 a.m.– 4:00 p.m.
Walk-ins Mondays and Fridays: 9:00 a.m. - 12:00 p.m. and 2:00 p.m. - 4:00 p.m.
Appointments ONLY Tuesdays, Wednesdays, Thursdays: 9:00 a.m. - 4:00 p.m.

  • Please note, the academic advisers take lunch between the hours of 12:00 p.m. and 2:00 p.m. so there may be an additional wait time if you walk-in to meet with them during that timeframe.

There are two convenient office locations: UCF Rosen College campus location in Suite 201 at 9907 Universal Boulevard, Orlando, FL 32819, and the UCF main campus location in Classroom Building l, Suite 302. Students utilizing the UCF Rosen Campus location may walk-in or schedule an appointment (except during registration periods).

Mission of the Office of Student Services

Provide students with outstanding service and support to ensure they meet their educational objectives at the university while maintaining and abiding by the specific policies, procedures, and values of the University of Central Florida. In pursuing our mission we are committed to promoting an environment that is inclusive and diverse in all of our endeavors.

Vision Statement

Our vision is to provide guidance that will equip students with the tools to become future leader’s capable of making informed ethical decisions.

Our Team

Ms. Lori V Safford
Director of Student Services

Mrs. Vanessa Blackmon
Assistant Director

Mrs. Edwina Norvelus
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Ms. Dao Nguyen
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Ms. Vanessa Gonzalez
Program Adviser

Mr. Fazal Jameer
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Ms. Wendy McKnight
Program Assistant

Immigration Advising

Students with immigration advising needs are welcome to visit the UCF Global website or visit them in person at the UCF Global building on main campus. You may email for more information.

Contact Us

Visit Student Services in Suite 201 Monday through Friday, 8 a.m. to 5 p.m., or contact or 407.903.8056. For program advising on the main campus, please visit (by appointment) Classroom Building 1, Suite 302H or call 407.823.1112.

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Here at Hotel Aurora, we've thought up a range of services and activities dedicated to our younger guests, who will have the time of their lives playing in the specially designed kids' areas both inside and out. We also provide a miniclub service three times a week, giving your little ones the chance to have fun, play together and make new friends, all under the close supervision of our trained entertainment staff, while Mommy and Daddy can sit back and relax on their own for a while.
Children are free to run around on the beach, building sandcastles or splashing around in the sea. Jesolo really is a dream beach for children as the sand drops off very gradually into the sea. We also have a children's swimming pool, kept nice and warm at 28°.
We also cater for children in our restaurant, going to great lengths to satisfy their dietary requirements. If you have children, we offer them the chance to eat lunch and/or dinner beforehand, in peace.
High chairs are available whenever you need, as are cots, protective side rails and cribs in the rooms. Bottle heaters and baby monitors are available upon request.
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About Last Week . . .

If you were a subscriber to my blog last week, you received an email for my post (published formally today, in fact) Keep Your Pants On. . .All The Way On.  Actually, I had forgotten that I had it scheduled to post automatically last week, July 13, and I was not done editing it.  I found out that it had been published when it simultaneously posted a notice to that effect on my Facebook page.  Surprise!  Immediately, I pulled the post off the worldwide web; I could not take it back from your email boxes.  So if you tried to access the post that way, you probably saw a message that post could not be found.

I hope you’ll forgive the oversight that might have caused you some confusion.  The post is ready for reading now.  Enjoy!

Keep Your Pants On. . .All The Way On.

Relationship Tip #14 – Keep Your Pants On. . .All The Way On.

I really struggled with writing this tip; it’s steeped in timeless controversy.  Hold on to your seat because what you’re about to read goes completely against our culture, but it works.  My intention for putting it out on the worldwide web is to make a difference for you.

When you’re dating these days, keep your pants on.  Stated simply, don’t have sex.  I can just hear your argument as I write this.  In all of my discussions with all sorts of people from all different walks of life, most people argue with me.

Just like everyone else, I have an opinion and you can either agree with me or not.  However, based on my experience refraining from sex simply works for a number of reasons.  Here they are:

  1. Chances are, you don’t know him very well.  Why do most jobs require a 90 day or longer probationary period for new hires?  Companies these days are wise to the fact that it takes some time to find out if a new hire is the right fit for a position within the company before they’ll extend full benefits.  Knowing that corporations proceed with caution when they form relationships, why would a woman give her body to a man after knowing him for even less time than that?  Realistically, it takes far longer than 90 days to get to know someone well.  Many people I know, hop in the sack with a guy after only a few dates.  Do you really want to give your body to a man before you know him?  Is he going to look out for your best interest?  Is he trustworthy?  Does he trust you?  Does he love you for the woman that you are?  Does he have good friends?  I could go on and on. . .
  2. You’ll have no regrets.  Ask any girl who has had sex with a guy and I promise you’ll never hear her say, “I wish I had sex with him sooner.”  Most girls wish they had waited longer and gotten to know a guy better before having sex.
  3. Whether you want it or not, sex creates an emotional bond between you and your partner.  How many times have you stayed in a relationship with someone who wasn’t right for you because you had trouble walking away from him?  How many times have you sat by and watched a friend stay in a miserable relationship with a guy who was wrong for her?  Whether you like it or not, you’re going to bond with a man with whom you have sex.  Take an, honest, realistic look at the man with whom you’re involved.  Ask yourself, “Do I want to bond physically with this man such that I will remember his body for the rest of my life?”
  4. Sex creates baggage you carry into your next relationship.  Yikes!  It’s the “B” word.  When you bond with someone physically and that person leaves your life via a breakup, baggage results.  Often what you’re left with are feelings of inadequacy:  “I wasn’t _______ <you fill in the blank> enough for him to stay.”  What happens is that you spend energy in the next relationship trying to be “enough” of whatever you believe was missing in the last one.  The man you’re then dating is left scratching his head wondering why you’re trying so hard to be something you’re not.
  5. Refraining from sex keeps your head clear.  While I won’t get into a chemistry or biology lesson, most of us know from experience what a powerful motivator sex can be.  You’re a grown up.  One of the most important decisions you’ll make in your life is who you choose as your partner in marriage.  Supposing that you date for the purpose of finding that partner, you’ll want to make your choice wisely.  I think we can all agree that would be incredibly stupid to make that choice under the influence of alcohol or drugs.  It is equally as stupid to make that choice under the influence of sex.
  6. You want to stay STD free.  STD’s are a whole different kind of baggage.  Contract something serious and you’ll quickly learn that pre-existing conditions are not covered by health insurance.  To put a nasty, ugly spin on it, you don’t want to make yourself a carrier that perpetuates disease in our society.  Besides, your health and well-being are far more important than a romp in the hay.
  7. The last thing you want is to be a single parent.  Condoms break and birth control can fail.  Even though the birth control pill can be 99.97% effective if you use it “perfectly,” it can fail as much as 8% amongst those who use it imperfectly, according to Wikipedia.  Eight percent!  There’s a reason why there’s a disclaimer with every package of any type of birth control; the statistics are real.  Having been raised by a single parent I can tell you it’s far from ideal for both you and a child.
  8. It won’t make him stay.  If there’s a man in your life who loves you, he’s going to stay with you through the good times and bad, sickness and heath, job or no job, because he loves the person you are.  A man who is willing to walk away from you because you won’t have sex with him is not with you because he loves the person you are.  Should you date a guy who needs to “take you for a test-drive” before he’s willing to commit, let him go.
  9. You’re worth more than your body.  Let’s face it.  The easiest thing is for someone to be attracted to you because you’re beautiful or well-dressed or successful or athletic or anything else that shows on the surface.  Ask anyone, even men, and they’ll tell you that one’s physical appearance only goes so far.  I’ve known more than one girl that lots of guys found “Hot!” or “sexy.”  Yet, when the guys found out they were opportunistic, dishonest and materialistic they wouldn’t have anything to do with those girls.  A man who loves you will grow more attracted to you the more he gets to know you.  The woman that you are will be increasingly more beautiful to him.
  10. Once you go there, you can never take it back.  I’ve witnessed the regrets of some of my friends who’ve had sex with someone they wish they hadn’t.  So great was their regret that they would literally hide whenever they’d see that person coming.  While that’s a bit extreme, realize that when you’re in a relationship you can always choose as a couple to pick up the pace in your relationship.  Remember that once things get sexual, it’s nearly impossible to slow things down.
  11. It makes a difference for the man you date.  Unless he’s weird, there’s not a man on the planet that likes to imagine the woman he loves or is dating having sex with another guy.  Even as a woman, I hate the idea of the man I love being with another woman.  Imagine the security you bring to the table in your relationship if you’re the type of woman who demonstrates that you don’t have sex with every guy you date.  There’s a lot of comfort in that.
There are my 11 reasons.  I could actually come up with more.  Keep in mind that I write these tips in the hopes that it could bring one woman closer to having the relationship she so deeply desires.  That you’re reading this means you are a thinking individual capable of making your own choices.  Think about what you’re doing.  Always remember that you have a choice in relationship too.


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Japanese Idol Band Necronomidol to Perform at H. P. Lovecraft Film Festival

PORTLAND, OR - Necronomidol, an "occult-infused" Japanese Idol band, will be performing at the H. P. Lovecraft Film Festival! The Lovecraftian metal pop, darkwave band will open the festival on Friday night, October 5th, and will also perform a longer set on Saturday night, October 6th. With song titles like "Strange Aeons," "Ithaqua," and "Celephais," festival attendees are sure to appreciate the juxtaposition of pop vocals, metal/darkwave instrumentals, and lyrics suffused with cosmic horror and mythological references.

More about Necronomidol on their Facebook Page or their official website.


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Hiatal Hernia - Pictures, Symptoms, Treatment, Recovery time, Surgery

Updated on January 7, 2014

What is Hiatal Hernia?

This is a medical condition in which a small portion of your stomach gets into your chest through an opening in your diaphragm, which is the flat thin dome shaped sheet of muscle that lies above your abdomen and below your chest, separating them. In your diaphragm there is a small opening referred to as a hiatus, which is where your esophagus passes through on its way to connect to your stomach. It is as that opening where your hiatal hernia can happen. It is also called a hiatus hernia. It can happen to any race, gender, or age but it is most common in people over the age of fifty.

There are two types of hiatal hernias which are:

  • Paraesophageal hernia - this type of hiatal hernia is not very common but yet has more cause for concern. In this type your stomach and esophagus stay in the normal locations but a part of your stomach squeezes through your hiatus. The part that squeezes through lands next to your esophagus and the danger with this type are that your stomach can have its blood supply cut off, which is referred to as your stomach being “strangled.”
  • Sliding hiatal hernia - in this type a section of your esophagus that joins your stomach and your stomach slide up into your chest. This is the most common type.

Most people who have a hiatal hernia will have no symptoms but there are others who may have heartburn. This symptom is related to GERD, which is gastroesophageal reflux disease. Some who experience the heartburn may also have chest pains. In addition, the size of the hiatal hernia will normally reflect on whether you have symptoms of not.

Small hiatal hernia - this type causes no symptoms

Large hiatal hernia - this type may cause symptoms such as:

  • Heartburn
  • Belching
  • Having difficulty swallowing
  • Feeling fatigued

A person gets a hiatal hernia when your weakened muscle tissue allows your stomach to push up through your diaphragm but the exact cause of having a hiatal hernia is not known but some physicians feel it could be caused by:

  • Your esophagus has permanently got shortened and as a result it consequently pulls your stomach up through the hole in your diaphragm. Your esophagus could be shortened by scarring and inflammation from the regurgitation of your stomach acid. It could also be caused by an abnormally loose attachment of your esophagus to your diaphragm allowing your stomach and esophagus to slip upwards.
  • If it happens in children they are usually born with it, making their hiatal hernia a congenital defect.
  • In adults it is something that has usually developed over a period of time.
  • Being obese
  • Getting older
  • Smoking
  • Injury to the area where a hiatal hernia forms
  • Intense and persistent pressure on the surround muscles which can happen when you strain during a bowel movement, violent chronic coughing, lifting heavy things, pregnancy, or even vomiting.
  • Your esophageal hiatus is bigger than its normal size.

If your physician feels you have a hiatal hernia in order to confirm it your physician will do either

  • A specialized x-ray after doing a barium swallow. This will allow your physician to see your esophagus. When you have this type of x-ray, you have to drink a chalky liquid that contains barium. This barium will coat the upper digestive tract so the physician will have a clear silhouette of the stomach, the upper part of your small intestine, and esophagus.
  • Do an endoscopy, which is when the physician uses a thin scope with a camera and light at the tip to look inside your upper part of your digestive system. Your physician will guide this scope down your throat into your stomach and esophagus to look for inflammation.

Both of these tests are done as an outpatient procedure.

If you have a hiatal hernia and are not experiencing any symptoms you probably will not need any type of treatment but if you have recurrent acid reflux and heartburn these are usually treated with medications, and if it is severe you may need surgery.

  • Antacids that will help to neutralize your stomach acid may help to provide some fast relief using over-the-counter medications like Maalox, Tums, or Rolaids.
  • Medications that will help to reduce the production of acid, which are called H-2 receptor blockers. Some of these milder over-the-counter medications can include Tagamet HB, Axid AR, Zantac 75, or Pepcid AC. If you need a stronger form of these medications your physician will have to give you a prescription for them.
  • Medications that help to heal your esophagus and block acid production which are called proton pump inhibitors. They not only block the production of acids but also help to allow time for your damaged esophageal tissue to heal. You can get milder over-the-counter medications such as Prilosec OTC, or Prevacid 24 HR. Again, if you need a stronger form of these medications you will need a prescription from your physician.

With a hiatal hernia in a small number of cases you may need surgery to correct the problem. Normally surgery is done on an emergency basis and also for those that none of the medications help to relieve the acid reflux and heartburn. Having hiatal hernia repair surgery is often combined with gastroesophageal reflux disease surgery.

When having hiatal hernia surgery the surgeon may:

  • Pull your stomach down into the abdomen, making the opening in the diaphragm smaller.
  • Reconstruct your weakened esophageal sphincter
  • Removing your hernia sac.

When surgery is performed in some cases the surgeon will make a single incision in your abdomen, called a laparotomy or in your chest wall, called a thoracotomy. In other hiatal hernia surgeries the surgeon may insert special surgical tools and a tiny camera through several small incisions in the abdomen. When doing this type of hiatal hernia surgery your surgeon views the images from inside your body, which are displayed on a monitor as he performs the operation, which is called a laparoscopic surgery. When you have either of these surgeries it is done under general anesthesia.

Recovery time

Most people who have had hiatal hernia surgery can return to their normal activities within fourteen to twenty-eight days. During the first week the area will be tender and it is important during this first week that you protect the incision from any activity that will increase abdominal pressure. You can do this by applying gentle but firm pressure on your incision line.

You should protect your incision when you:

  • Cough
  • Sneeze
  • Move from a lying position to a seated position or from sitting to standing
  • Crying
  • Straining to have a bowel movement
  • vomiting

Foods to Avoid

Some of the foods that you need to avoid after to help prevent your hiatal hernia from developing the symptoms of acid reflux disease and after having hiatal hernia surgery to help prevent it from reoccurring include:

  • Raw onions
  • Fried potatoes
  • Tomatoes
  • Orange, cranberry, and grapefruit juice
  • Fat free sour cream
  • Milkshakes
  • Ice cream
  • Macaroni and spaghetti
  • Salad dressings that are creamed based or made with vinegar and oil
  • Buffalo wings
  • Chicken nuggets
  • Ground beef
  • Sirloin that is marbled
  • White sugar
  • Liquor
  • Coffee
  • Tea

Lifestyle Changes

These should be implemented after hiatal surgery and before to help prevent acid reflux disease.

  • Do not drink water with meals but drink it either thirty minutes before or after eating
  • Eat six smaller meals instead of three big ones and the last meal you eat should be two hours before bedtime.
  • After eating do not lie down but sit up for at least an hour.
  • After meals try to avoid bending over but if you have to bend over bend to the right.
  • Avoid smoking and drinking alcohol
  • Keep your head and shoulders at an incline of at least six inches when sleeping
  • Do not wear clothes that can constrict your stomach.

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    Post Comment
    • weezyschannel profile image

      4 years ago from Central USA

      great article! My son actually has a parasophageal hiatal hernia and I found this information very helpful to me. Thank you so much!

    • Quoteslover profile image

      Quotes Lover

      5 years ago

      very interesting

    • Andrew Channing profile image

      Andrew Channing

      5 years ago from UK

      Very helpful and well written

    • Eiddwen profile image

      5 years ago from Wales

      Interesting and useful.

      Thank you for sharing.

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Heidrick & Struggles Adds Partner in Education and Social Enterprise Practice

April 18, 2013 – Executive search firm Heidrick & Struggles International has added Michelle Bonoan to its Los Angles office as a partner within its education and social enterprise practice. Most recently, Ms. Bonoan was managing director in the education and not-for-profit practice at Diversified Search in Los Angeles. Prior to that, she was with Gary Kaplan & Associates. With more than 15 years of executive search experience, Ms. Bonoan has led searches across a broad range of clients in education such as: private universities, small liberal arts colleges, and independent schools. She has also worked to place top leaders within social services, the arts and culture sector, environmental and health-related fields." Heidrick & Struggles is a provider of senior-level executive search and leadership advisory services, including succession planning, executive assessment, talent retention management, executive development, transition consulting for newly appointed executives, and M&A human capital integration consulting.

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Hydac introduces new active heave compensation system at Offshore Energy 2017

Save up to 85% on energy consumption

The new AHC system from Hydac can be interesting for you when:
– you are looking to save on weight, maintenance and energy consumption of your system
– you have an existing crane which you want to convert to an active heave system

Gotten curious?
Let us inform you about all the other advantages!
Visit Hydac at the Offshore Energy 2017 at booth 1.077A for more information about our new active heave compensation system.


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Controversy about fuel supply in Nariño

Wednesday, December 5th, 2018 Category: Downstream & Pricing

Pasto’s fuel entrepreneurs were hoping for Vice Minister of Energy, Diego Mesa, to clear out ‘rumors’ about fuel prices in Nariño. His speech started another controversy instead.

To read the full article, or


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Let all the world in every corner sing

Let all the world in every corner sing. George Herbert* (1593-1633). From Herbert’s posthumous collection The Temple (Cambridge, 1633) where it is entitled ‘Antiphon (I)’, this was the first of Herbert’s poems to be used as a hymn without significant adaptation when it was published in Church Hymns (1871). An antiphon is ‘a composition, in verse or prose, consisting of verses or passages sung alternately by two choirs in worship’ (Oxford English Dictionary). In the original poem, this is made clear by alternating the ‘Cho.’ (Chorus) first two lines ‘Let all the world in ev’ry corner sing/My God and King’ with a four-line ‘Vers.’ (Versicle) to create the antiphonal effect: so the poem...

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Eleftherios Ouzounoglou

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Dr, Eleftherios Ouzounoglou holds an B.Sc. in Informatics and Telecommunications, received in 2009, and an M.Sc. in Bioinformatics from National and Kapodistrian University of Athens (UoA).  He has obtained a PhD degree from the National Technical University of Athens, School of Electrical and Computer Engineering in 2018. In his Bachelor Thesis he focused on the field of Machine Learning (Bayesian Networks) and during his Master Thesis on Systems Biology-oriented modeling. One of his models has been selected as the “Model of the Month” of the BIOMODELS database. His PhD Thesis focused on the utilization of Machine Learning methods for the personalization of cancer simulation models. His research interests include, among others, Machine Learning, Software Development for Desktop and Mobile devices, Data and Communications Security, Systems Biology and Multiscale Cancer Modelling. He has participated in several EC funded research projects (FP7, H2020) such as TUMOR, p-medicine, CHIC, MyHealthAvatar and ZONeSEC, as a software developer and bioinformatician. He contributed in several tasks of these projects including those related to sensitive data handling, sensor integration and communications security issues as well as those of personalized cancer simulation and outcome prediction. He has published a number of articles in scientific journals and conferences. He has been a member of In Silico Oncology and In Silico Medicine Group of ICCS since 2011 and a member of I-SENSE Group since October 2017.

ORCID: 0000-0002-5078-3248

LinkedIn: https://www.linkedin.com/in/eleftherios-ouzounoglou/

ResearchGate: https://www.researchgate.net/profile/Eleftherios_Ouzounoglou

Tel: +30 210 7721076

E-mail: eleftherios.ouzounoglou@iccs.gr

E-mail: eleftherios.ouzounoglou@iccs.gr


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cycling through the corridors of history: war, peace, and corregidor

truth be told, i did not expect to have such an overwhelming response when i set out to organize a bike tour of corregidor island. it was a rather selfish idea actually: i just needed a few other people to accompany me as i explore the island on two wheels. i have been on this historical chunk of rock twice, and although i had an opportunity to bike its well-paved streets during the first corregidor aquathlon, i did not really get a sense of place, even as i passed ruin after ruin. but when i put the invitation out there, i quickly filled all the available slots, and i was managing a big group of bikers and non-cyclists eager to pedal and walk their way around corregidor.

corregidor island is located on the mouth of manila bay. although closer in terms of proximity to mariveles in bataan and naic, cavite, it is actually part of cavite city, which along with manila, is nearly 50 kilometers east of it. access is available from mariveles where you may hire outrigger boats, or from the cultural center of the philippines complex. sun cruises has a monopoly on the ferry services from manila to corregidor, which is a little unfortunate because the sales associates i dealt with were not the most helpful in terms of arranging the trip. they often flipped on previous statements to the extent they denied having ever said them, and were not always very responsive. since we planned to camp on the island, i asked if it was possible to bring stoves, and she said no, saying that we should just cook the traditional way with "stones and tweaks".

but my complaints about the reservation staff are a minor setback, and on a beautiful saturday morning, i woke up with a start and realized i was going to run late to my own assembly time, so i dashed out of the house with my huge backpack on. someone biked alongside me in buendia and remarked about the size of my bag. although there were many cyclists en route to CCP, i was conspicuously the only one burdened by that much weight. it was a good thing that the stretch of road from malugay to the suncruises ferry terminal was completely flat. we loaded our bikes onto the ferry and i concluded immediately that the limit i was given -- which was 25 bikes -- was nothing but a very random number. the front deck of the ferry clearly could have accommodated more.

our departure from manila bay was slightly delayed by employees of manulife -- including one lawyer friend -- who spent an afternoon touring corregidor as part of their summer outing. nevertheless, the trip took no more than an hour and a half as promised, and pretty soon, the ferry's staff were unloading our bikes onto the pier. our guide harry was already there on his motorbike, waiting to take us around. after our things were deposited at the south dock, we asked for a few minutes to prepare. and pretty soon, we were off to see the island. the route is pretty much established. from the south dock we pedaled towards the malinta tunnel, and made several stops until we reached the island's tail end, where a grass runway is located. in between we also stopped by the japanese garden of peace, the filipino heroes memorial, and the kindley airfield, where a new landmark to commemorate the jabidah massacre has also been erected. the guide volunteered that this event is said to have been the catalyst of the moro insurgency, although my own knowledge of politics in mindanao would trace the struggle for self-determination to have started much earlier, just after the spanish-american war. henry then pointed to an island just off the tip of corregidor, which they referred to as hooker point, supposedly because this is where women of pleasure were brought during the time of the american occupation.

the story of corregidor can be traced to the arrival of the spaniards. corregidor's unique location at the mouth of manila bay made for a perfect garrison and gatekeeper: it was both a military checkpoint and a place for customs inspections. it became a rather vibrant and teeming community during the time of the americans, who built dormitories to house soldiers and workers. at its peak, corregidor had its own tram system, a cinema, chapels, schools, a golf course, excellent housing, hospitals, a lighthouse, an airport. on top of that, it was fortified with a formidable coastal artillery, the most powerful of which could have damaged planes and destroyed the largest ships at the time, even if they were 16 miles away. the americans divided the island into 4 sections, and filipinos, with the exception of very few officials, were not allowed topside. when i asked this of our guide, he said that discrimination was really intense during that time, and was probably the reason why the buildings built for filipinos by filipinos and japanese seem to appear in better condition following the carpet bombing during the second world war. the construction methods employed at the time were impressive: even the walls of these buildings were made with pure cement rather than hollow blocks, and supported by imported bethlehem steel, which ironically does not come from israel, but the US.

the fall of bataan, now remembered as the day of valor, in fact took place earlier than the capture of corregidor -- it was the last to survive the japanese campaign in the archipelago, and even the last outpost in the pacific to hold off the enemy during the protracted pacific war. it held out a while longer until a period of intense warfare over the course of two days exactly 72 years ago this month, when the japanese imperial army rained fire and brimstone on the island to impale manila's ability to defend itself from naval attacks. the japanese threw everything at corregidor island. the failure to capture it was becoming an embarrassment, and it prevented the japanese navy from attacking through manila bay. they bombed even hospitals, and poured acid that ate through the steel of the island's harbor defenses. corregidor, or fort mills to the americans, is not the only island on the narrow entrance of manila bay: there are others there equally armed, even to this day. the japanese succeeded following a battle that lasted 2 days, and american and filipino troops were herded to mariveles where they began the infamous bataan death march to san fernando. but the japanese are not solely to blame for the damage endured by corregidor during world war II. when the americans sought to reclaim the strategic island, they bombed it for over the course of several weeks, employing tactics which would now offend rules of war, but the retreating japanese forces survived briefly by taking shelter in the malinta tunnel -- the last spot on the rock to have evaded the americans. the amount of explosives poured over corregidor was such that history books describe the explosions over malinta hill as similar to that of a volcano. only after a few days would silence reign inside the tunnel, with the americans succeeding in its recapture of corregidor following that siege.

the aftermath of the two battles waged on corregidor was devastating: not a single living thing was left breathing, left standing. it became a barren, scorched rock. years later, in an effort to green the island, president quirino poured seedlings from a plane, and a decade later, there rose a forest. the marcoses are credited to have introduced wildlife once again, and it was during the time of cory aquino that the residents were sent away, and roads were built to accommodate tourism. corregidor suffered still after the wars when filipinos, hungry and enterprising, sneaked into the island armed with acetylene torches to steal the cannons that survived the two battles that took place here. today, corregidor is a pleasant island that welcomes tourists, whether they are inclined to explore it on bicycles, the trams, or on a pair of sturdy legs.

there is no longer a local community here, but there are "permanent" residents: people who work at the hotel, offering a variety of services to visitors. there are also sari-sari stores and souvenir shops anywhere between the docks and the museums and lighthouses top side. monkeys (long tailed philippine macaques) now number in the thousands, and they are known to come down from their perches late in the afternoon, picking out ticks from other monkeys on the asphalt road. the ruins are all that remain of corregidor. and of course, there are the blood-stained stones. after the bike ride that took us to the last remaining batteries, where decades have not erased the vestiges of war -- there are still craters there that mark where bombs fell -- i biked back to our campsite. we still had dinner to take care of. when night fell, there was a crazy idea to march towards malinta tunnel. armed with torchlights, it appeared different: halls were bored on the sides of the tunnel. they were very deep, and one even functioned as an infirmary during the war. hundreds of people died in malinta, and it is said to be the most haunted place in corregidor. i saw nothing there, although my armpits were wet with sweat when we went inside.

we continued our evening walk by proceeding to the pier to drink. we weren't nearly done yet, so we continued at the campsite. many of us passed out that night that 5 tents were left empty. the following day, few of us rose early enough to either go for another ride or the trail run i was imagining in my sober head. but i didn't mind too much. i had achieved my purpose, which was to see corregidor on two wheels. i wouldn't mind going back, this time weighed down by less alcohol, and armed with more power in my legs.


text: "Environment-Behavior effort for a thousand years in China, a hundred years in Europe, and thirty years in North America has led to conversation and composition but no clear design relevant definitions for "environment" or "behavior". This presentation addresses the question: Can finishing design students from an architecture school influenced by recent "Environment-Behavior" definitions evaluate design and design to met behavioral goals?Fifteen fourth and fifth-year architecture students at Tulane University were given a five-week problem to design a day-care center to bring children and elderly citizens helpfully together through interaction with pets. 35mm color slides of resulting student design solutions will be shown and brief comments made."


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Tranexamic Acid Is Effective in Reducing Blood Loss in Revision TKA

    The orthopaedic literature generally supports the use of tranexamic acid (TXA) in reducing blood loss and decreasing the need for transfusion after primary total hip and total knee arthroplasty, although the optimal route of administration and dose remain in question. [1]

    What about in revision procedures, which typically involve greater blood loss than primary surgery? Is TXA effective for these patients as well?

    The data are more limited in this area, but the findings of a study presented at the 2018 American Association of Hip and Knee Surgeons Annual Meeting suggest that TXA is also beneficial in reducing blood loss in revision total knee arthroplasty (TKA).

    This multicenter, randomized trial sought to determine the optimal dosing regimen of TXA to maximize its blood-sparing properties in patients undergoing revision TKA. The researchers randomized 233 TKA patients scheduled for revision surgery for septic and aseptic causes to receive 1 of the following TXA regimens:

    • 1 gram of intravenous (IV) TXA pre-incision
    • 1 gram of IV TXA pre- and post-incision
    • 1 gram of IV TXA pre-incision and 1 gram of topical TXA intraoperatively
    • 3 oral doses of TXA (1950 mg each) given 2 hours preoperatively, 6 hours postoperatively, and the morning of POD1

    The researchers included 196 patients in the analysis, which had a primary outcome of reduced hemoglobin level. Of the original group of 233 patients, 1 withdrew from the study, 3 did not undergo revision TKA, 16 were screen failures, and 17 did not receive the treatment they were assigned.

    No significant difference was seen in reduction in hemoglobin among the groups (P=0.48):

    • 2.79g/dL for the single dose of IV TXA
    • 2.58g/dL for the double dose of IV TXA
    • 2.59g/dL for the combined IV and topical doses of TXA
    • 2.88g/dL for the oral doses of TXA

    Calculated blood loss (P=0.63) and transfusions (P=0.78) were also similar among the treatment groups.

    The researchers concluded that given the study findings, surgeons should “consider using the lowest effective dose and the least costly regimen for TXA use in revision TKA.”

    Fillingham YA Darrith B, Calkins TE, Abdel MP, Malkani AL, Schwarzkopf R, Padgett DE, Sershon RA Bini SA, Della Valle CJ. A Multi-Center Randomized Clinical Trial of Tranexamic Acid in Revision Total Knee Arthroplasty: Does the Dosage Regimen Matter? (Paper #33). Presented at the 2018 Annual Meeting of the American Association of Hip & Knee Surgeons, November 1-4, 2018, Dallas, Texas.

    1. Fillingham YA, Ramkumar DB, Jevsevar DS, et al. Tranexamic acid use in total joint arthroplasty: the clinical practice guidelines endorsed by the American Association of Hip and Knee Surgeons, American Society of Regional Anesthesia and Pain Medicine, American Academy of Orthopaedic Surgeons, Hip Society, and Knee Society. J Arthroplasty. 2018 Oct;33(10):3065-3069. doi: 10.1016/j.arth.2018.08.002. Epub 2018 Aug 7.


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2015 Mid-America Orthopaedic Association (MAOA) Annual Meeting: Surgical Conference Coverage

2015 Mid-America Orthopaedic Association (MAOA) Annual Meeting: Surgical Conference Coverage
The Westin Hilton Head Island, Hilton Head

Epiphysiodesis for Correction of Leg Length Discrepancy in Fibular Deficiency

Joshua Griffin, View Presentation

High Tibial Osteotomy Accuracy: Computer Navigation Versus Conventional Methods

Justin Chang, View Presentation

Reverse Total Shoulder Arthroplasty Patients With A Proximal Humerus Fracture Have Worse Perioperative Outcomes Than Other Indications: Analysis Of 5,466 Cases

Jimmy Jiang, View Presentation

Comparison of Perioperative Complications and Hospitalization Outcomes after Ankle Arthrodesis versus Total Ankle Arthroplasty from 2002-2011

Jimmy Jiang, View Presentation

Low Socioeconomic Status Increases Risk for 30-Day Readmission Following Total Knee Arthroplasty

James Keeney, View Presentation

Comparison of Intraoperative Stitched Fluoroscopic Images to Postoperative Standing Full Spine Radiographs

Erica Petersen, View Presentation

Utility of Three-Dimensional Computed Tomography for the Surgical Management of Rib Fractures

Benjamin Pulley, View Presentation

Outcomes and Complications of Neuroma Resection and Implantation into the Muscle in Lower Extremity

Chamnanni Rungprai, View Presentation

Temperature Change When Drilling Near the Distal Femoral Physis in A Skeletally Immature Ovine Model

Stephen Lemos, View Presentation

Incidence and Risk Factors for Early Wound Complications After Spinal Arthrodesis in Children

Christopher Martin, View Presentation

Renal Impairment As A Continuous Variable in Short Term Morbidity Risk Following Lumbar Spine Surgeries

Christopher Martin, View Presentation

The Association Between Medial Malleolar Fracture Geometry, Injury Mechanism, and Syndesmotic Disruption

Jiayong Liu, View Presentation

Humeral Stem Revision Versus Retention in the Conversion of Failed Shoulder Arthroplasty to Reverse Total Shoulder Arthroplasty: The Utilization of A Platform System

Matthew Dilisio, View Presentation


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Chocolate Cheesecake No Bake Cake Recipe Divine Taste With Anushruti

RajshriFood's picture

Nov. 24, 2016

Watch how to make Eggless Chocolate Cheesecake, a mouth watering recipe by Anushruti.

Here is a guilt trip down the chocolate cheesecake lane. Sinfully sweet and easy to make, no bake chocolate cheesecake, which you should definitely try for this Christmas. It is amazingly sweet and serves best to satisfy the chocolaty craving of chocolate addicts!

Note : You can either make this in a deep dish 8? springform pan or a 9? regular pan. Garnishing is optional and you could leave it plain, sprinkle some grated chocolate over it or make some pretty decorations.

Please watch the video for directions.

Recipe Summary


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Sensory Webinar Series: Cerebellum Now Available!

Sensory Webinar Series: Jaw

Regular price $39.99

The goal of this 1 hour lecture and powerpoint webinar is to dive into the neuroanatomy, and detailed function of the Ponto-Medullary Reticular Formation.

This course is valuable for anyone wanting to learn more about the PMRF, or to supplement the practical applications we teach in our IKN Approach course.


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John Layman

John Layman

John Layman is the creator, writer and letterer of Chew, the New York Times best-selling, Harvey Award and multi-Eisner Award winning cannibal cop comedy series from Image Comics. Layman was an editor for WildStorm Production and has written or lettered for every major publisher in comics for the last decade and a half. He’s written Cyclops, Detective Comics, Mars Attacks, Godzilla, Aliens, Thundercats, Gambit, Scarface, Red Sonja, Marvel Zombies Vs. Army of Darkness, House of M: Fantastic Four, the Marvel Identity Wars Annuals, Stephen Colbert’s Tek Jansen… and a whole lotta other stuff. He's currently the writer of Leviathan with artist Nick Pitarra and Outer Darkness with artist Afu Chan, both published by Image Comics.

Latest Releases

Outer Darkness #4 Outer Darkness #4 Feb 13, 2019
Outer Darkness #2 Outer Darkness #2 Dec 12, 2018
Leviathan #3 Leviathan #3 Oct 31, 2018
Leviathan #2 Leviathan #2 Sep 5, 2018

Collected Editions


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CRY HAVOC takes a bite out of the comics industry

October 19, 2015

The gritty new fantasy, military noir series hits stores this January

“The werewolves of London are chihuahuas compared with the hardier breeds we have out here in the regions. With Cry Havoc Si Spurrier, Ryan Kelly and their ingenious colour and design cohorts unveil an electrifying account of black ops, black dogs and weaponised folklore that is unlike anything you've ever seen. Best in show.”
Alan Moore

X-Men Legacy writer Simon Spurrier and superstar artist Ryan Kelly present fiends, fragility, and firepower in an all-new series called, CRY HAVOC.

"Folklore is saturated with monsters," said Spurrier. "Centuries ago these wonderful fictions were at the bleeding-edge of the Zeitgeist, but they've faded from relevance. Cry Havoc asks what happens when those bright-eyed and bloody-fanged stories force themselves back into the modern limelight. Who resists them, and who gets caught in the middle?"

"I've been itching to work with Ryan for years," Spurrier added, "but doing so with Image, in a book blending military hardware with a heartfelt take on the supernatural...? That's the stuff of legend."

First announced at Image Expo, CRY HAVOC mixes the hard-boiled militaria of Jarhead with the dark folklore of Pan's Labyrinth and includes an unprecedented use of multiple colorists—Matt Wilson, Lee Loughridge, and Nick Filardi—to define the story's threads. As the creators themselves wryly note: this is not the tale of a lesbian werewolf who goes to war... except it kind of is.

Kelly said of the series, “I was begging Si Spurrier to let me draw this, and he did. One of the best scripts I've ever worked on. Top-notch coloring, lettering, design… It's got everything!”

CRY HAVOC #1 Cover A by Ryan Kelly and Emma Price (Diamond Code NOV150482) will hit comic book stores on Wednesday, January 27th. Cover B by Eisner Award-winning artist Cameron Stewart will be available with Diamond Code NOV150483. The final order cutoff deadline for comic book retailers is Monday, January 4th.


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SpoilerTV | Photos | Agents of SHIELD | Season 5 | Promotional Episode Photos | Episode 5.01 - Orientation, Part One |

MARVEL'S AGENTS OF S.H.I.E.L.D. - ÒOrientation (Part One)Ó - Coulson and the team find themselves stranded on a mysterious ship in outer space, and thatÕs just the beginning of the nightmare to come, when ÒMarvelÕs Agents of S.H.I.E.L.D.Ó returns for its highly anticipated fifth season with a special two-hour premiere, FRIDAY, DEC. 1 (8:00-10:01 p.m. EST), on The ABC Television Network. (ABC/Jennifer Clasen) JEFF WARD

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