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Welcome to only4ukids

The nation Egypt was created in 3100 BC. It was when two small kingdoms joined together. The king was known as PHARAOH and believed to be a god. Pharaohs ruled Egypt for the next 3000 years. Egypt became rich and strong during their rule.

Egyptians believed that people's spirits could only survive after death if their bodies were preserved. So they made mummies by drying bodies in salt and wrapping them in bandages. Not only people but also dogs and falcons were made into mummies.

The planet Jupiter is two and a half times larger than all the other planets, satellites, asteroids and cometsof our solar system put together. It is the fifth planet from the Sun. In planet Venus, the Sun rises inthe West and sets in the East, opposite of Earth. Venus is the brightest planetin the sky except for the Sun and the Moon. Planets Uranus, Neptune  and Pluto are many times colder than thecoldest places on earth. Planet Mars is also called the Red Planet. The month of March derives its name from Mars. The Spacecraft Cassini, has explored the Saturn - no longer recognised as a planet,  in 2004.

The moon is our closest neighbor in space. It looks bright because it reflects light from the Sun. From day to day, the moonseems to change shape. This is because as it travels around the Earth, differentparts of the moon are lit up by the Sun's light. Unlike the earth, the Moon hasno air or life, and its surface is covered with craters.

Longest English Word:

Praetertranssubstantiationalistically.    It has 37 letters!

Book Without Letter "e":

GADFY, written by Earnest Wright in 1939 is a 50,000+ word book, which doesn't contain a single word with 'e' in it.

Word without Vowel:

Rhythm ; Sky;    Fry ;     Cry.

Organ of body which has no sensation when cut:

Only animal & reptile which sheds tear while eating:

Alphabets, which SOUND AS WORDS:

**B*        Bee *                 **C*        Sea *                 **G*        Zee *               **I*        Eye *                   **Q*        Queue *             **R*        Are *                  **S*        Yes *                  **T*        Tea *                **U*        You *                 **Y*        Why *
Fascinating Animals, Birds, Trees:

1)     SNAILS have 14175 teeth laid along 135 rows on their tongue.
2)     A BUTTERFLY has 12,000 eyes.
3)     DOLPHINS sleep with 1 eye open.
4)     A BLUE WHALE can eat as much as 3 tonnes of food everyday, but at the same time can live without food for 6 months.
5)     The EARTH has over 12,00,000 species of animals, 3,00,000 species of plants & 1,00,000 other species.
6)     The fierce DINOSAUR was TYRANNOSAURS which had sixty long & sharp teeth. It used to attack & eat other dinosaurs.
7)     DEMETRIO was a mammal like REPTILE with a snail on its back. It acted as a radiator to cool its body animal.
8)     CASSOWARY is one of the dangerous BIRD, that can kill a man or animal by tearing off with its dagger like claw.
9)     The SWAN has over 25,000 feathers in its body.
10)   OSTRICH eats pebbles to help digestion by grinding up the ingested food.
11)   POLAR BEAR can look clumsy & slow but during chase on ice, can reach 25 miles / hr of speed.
12)   KIWIS are the only birds, which hunt by sense of smell.
13)   ELEPHANT teeth can weigh as much as 9 pounds.
14)   OWL is the only bird, which can rotate its head to 270 degrees.

In 24 Hours Average Human:

1)      HEART beats 1,03,689 times.
2)      LUNGS respire 23,045 times.
3)       BLOOD flows 16,80,000 miles.
4)      NAILS grow 0.00007 inches
5)      HAIR grows 0.01715 inches
6)      Take 2.9 pounds WATER (including all liquids)
7)      Take of 3.25 pounds FOOD.
8)      Breathe 438 cubic feet AIR.
9)      Lose 85.60, BODY TEMPERATURE.
10)     Produce 1.43 pints SWEAT.
11)     Speak 4,800 WORDS.
12)     During SLEEP move 25.4 times

What are They ?

1)      They come together if we say 'MUMMY' & go apart when we say 'DADDY': LIPS
2)      What goes up & never comes down:                                                                 AGE
3)      Patches over patches but no stitches:                                                               CABBAGE
4)      What is that we cannot see, but is always before you:                                     FUTURE
5)      What goes up & down a hill, but never moves:                                                  ROAD
6)      You can never wet it:                                                                                SHADOW
7)      What belongs to You, but used by your friends more often than you:              YOUR NAME.

We are sure you know something that you would like others to know. Simply mail us the information at webmaster@only4ukids.com and we'll publish it

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Quote Originally Posted by Nikk View Post
If I understand correctly, the TSA pat downs are always performed by someone of your same gender.

Answer at very bottom of page:
There's a TSA agent on another forum that stated they TRY to have someone of the same gender do the pat down, but there's no guarantee. That's especially true at small airports where only 2 or 3 TSOs might be on duty at any given time.

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Fork me on GitHub
an open source database of all discovered extrasolar planets

HD 102195

The planetary system HD 102195 hosts at least one planet.

  System parameters
Primary system name HD 102195
Alternative system names N/A
Right ascension 11 45 42
Declination +02 49 17
Distance [parsec] 29.0edit
Distance [lightyears] 94.5
Number of stars in system 1
Number of planets in system 1

ArchitectureArchitecture of the system

This list shows all planetary and stellar components in the system. It gives a quick overview of the hierarchical architecture.

  •  HD 102195, stellar object
    •  HD 102195 b, planet, semi-major axis: 0.0490 AU

    PlanetsPlanets in the system

    This table lists all planets in the system HD 102195.

      HD 102195 b
    Alternative planet names N/A
    Description N/A
    Lists Confirmed planets
    Mass [Mjup] 0.450edit
    Mass [Mearth] 143.1
    Radius [Rjup] N/A
    Radius [Rearth] N/A
    Orbital period [days] 4.11edit
    Semi-major axis [AU] 0.0490edit
    Eccentricity 0.00edit
    Equilibrium temperature [K] 963edit
    Discovery method RV
    Discovery year 2005
    Last updated [yy/mm/dd] 10/12/21

    starStars in the system

    This table lists all stars in the system HD 102195.

      HD 102195
    Alternative star names N/A
    Mass [MSun] 0.926edit
    Radius [RSun] 0.835edit
    Age [Gyr] N/A
    Metallicity [Fe/H] 0.0500edit
    Temperature [K] 5291edit
    Spectral type K0V
    Visual magnitude 8.05edit

    Planet sizes

    The following plot shows the approximate sizes of the planets in this system The Solar System planets are shown as a comparison. Note that unless the radius has been determined through a transit observation, this is only an approximation (see Lissauer et al. 2011b).

    PlutoMercuryMarsVenusEarthNeptuneUranusSaturnJupiterHD 102195 b

    Habitable zone

    The following plot shows the approximate location of the planets in this system with respect to the habitable zone (green) and the size of the star (red). This is only an estimate, using the star's spectral type and mass. Note that if no green band is shown in the plot, then the planet's orbit is far outside the habitable zone. The equations of Selsis, Kasting et al are used to draw the inner and outer boundaries.

    HD 102195 b

    referencesScientific references and contributors

    Links to scientific papers and other data sources

    This table lists all links which are relevant to this particular system. Note that this is just a summary. More references to the scientific publications and comments can be found in the commit messages. To see these, head over the github or click here to directly go to the git blame output of this system. In the left column of the output you can see the commit message corresponding to each parameter. It also lists the date of the last commit and the person making the changes. Within the commit message, you will find a link to the scientific publication where the data is taken from. Note that this is a new feature and not all system parameters might have a reference associated with it yet. Please help making this catalogue better and contribute data or references!

    Open Exoplanet Catalogue contributors

    Contributor E-mail Number of commits
    Hanno Rein hanno(at) 4
    Marc-Antoine Martinod marc-antoine.martinod(at) 1

    This table lists all people who have contributed to the Open Exoplanet Catalogue. Please consider contributing! Click here to find out how. You can also view all commits contributing to this file on github.

    xmlData download

    You can download the xml file corresponding to this planetary system, which is part of the Open Exoplanet Catalogue. All information on this page has been directly generated from this XML file. You can also download the entire catalogue over at github. If you prefer to download the dataset as an ASCII tables, you might find the oec_tables repository usefule.

    If you spot an error or if you can contribute additional data to this entry, please send an e-mail to Please include the corrected xml file and a reference to where the new data is coming from, ideally a scientific paper. If you are fluent with git and github, you can also create a pull request or open an issue on the Open Exoplanet Catalogue repository. Please include the reference to the relevant scientific paper in your commit message.


text:
Fork me on GitHub
an open source database of all discovered extrasolar planets

KIC 10525077

The planetary system KIC 10525077 hosts at least 2 planets.

  System parameters
Primary system name KIC 10525077
Alternative system names KOI-5800, Kepler-459
Right ascension 19 09 30.737
Declination +47 46 16.28
Distance [parsec] N/A
Distance [lightyears] N/A
Number of stars in system 1
Number of planets in system 2

ArchitectureArchitecture of the system

This list shows all planetary and stellar components in the system. It gives a quick overview of the hierarchical architecture.

  •  KIC 10525077, stellar object
    •  KIC 10525077 b, planet
      •  KOI-5800.01, planet

      PlanetsPlanets in the system

      This table lists all planets in the system KIC 10525077.

        KIC 10525077 b KOI-5800.01
      Alternative planet names KOI-5800 b, Kepler-459 b N/A
      Description The planet KIC 10525077 b was discovered and validated by the Planet Hunters project in 2015. Only two transits have been observed for this planet. Because of missing data, the period is uncertain: an alternate value of 427 days is possible. It is validated with a confidence of 0.998.edit KOI-5800.01 is an unconfirmed planet candidate observed orbiting KIC 10525077.edit
      Lists Confirmed planets Controversial
      Mass [Mjup] N/A N/A
      Mass [Mearth] N/A N/A
      Radius [Rjup] 0.49+0.08−0.07edit 0.121+0.056−0.013edit
      Radius [Rearth] 5.4+0.9−0.8 1.33+0.62−0.14
      Orbital period [days] 854.083+0.016−0.017edit 11.0069±0.0002edit
      Semi-major axis [AU] N/A N/A
      Eccentricity N/A N/A
      Equilibrium temperature [K] N/A N/A
      Discovery method transit
      Discovery year 2015
      Last updated [yy/mm/dd] 16/01/09

      starStars in the system

      This table lists all stars in the system KIC 10525077.

        KIC 10525077
      Alternative star names KOI-5800, Kepler-459, 2MASS J19093073+4746162
      Mass [MSun] 1.01±0.12edit
      Radius [RSun] 1.01±0.10edit
      Age [Gyr] N/A
      Metallicity [Fe/H] -0.04+0.22−0.30edit
      Temperature [K] 6091+164−213edit
      Spectral type N/A
      Visual magnitude N/A

      Planet sizes

      The following plot shows the approximate sizes of the planets in this system The Solar System planets are shown as a comparison. Note that unless the radius has been determined through a transit observation, this is only an approximation (see Lissauer et al. 2011b).

      PlutoMercuryMarsVenusEarthNeptuneUranusSaturnJupiterKIC 10525077 bKOI-5800.01

      Habitable zone

      The following plot shows the approximate location of the planets in this system with respect to the habitable zone (green) and the size of the star (red). This is only an estimate, using the star's spectral type and mass. Note that if no green band is shown in the plot, then the planet's orbit is far outside the habitable zone. The equations of Selsis, Kasting et al are used to draw the inner and outer boundaries.

      Habitable zoneKIC 10525077 bKOI-5800.01

      referencesScientific references and contributors

      Links to scientific papers and other data sources

      This table lists all links which are relevant to this particular system. Note that this is just a summary. More references to the scientific publications and comments can be found in the commit messages. To see these, head over the github or click here to directly go to the git blame output of this system. In the left column of the output you can see the commit message corresponding to each parameter. It also lists the date of the last commit and the person making the changes. Within the commit message, you will find a link to the scientific publication where the data is taken from. Note that this is a new feature and not all system parameters might have a reference associated with it yet. Please help making this catalogue better and contribute data or references!

      Open Exoplanet Catalogue contributors

      Contributor E-mail Number of commits
      Andrew Tribick ajtribick(at) 1

      This table lists all people who have contributed to the Open Exoplanet Catalogue. Please consider contributing! Click here to find out how. You can also view all commits contributing to this file on github.

      xmlData download

      You can download the xml file corresponding to this planetary system, which is part of the Open Exoplanet Catalogue. All information on this page has been directly generated from this XML file. You can also download the entire catalogue over at github. If you prefer to download the dataset as an ASCII tables, you might find the oec_tables repository usefule.

      If you spot an error or if you can contribute additional data to this entry, please send an e-mail to Please include the corrected xml file and a reference to where the new data is coming from, ideally a scientific paper. If you are fluent with git and github, you can also create a pull request or open an issue on the Open Exoplanet Catalogue repository. Please include the reference to the relevant scientific paper in your commit message.


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288 US 469 Central Transfer Co v. Terminal Railroad Ass'n of St Louis

288 U.S. 469

53 S.Ct. 444

77 L.Ed. 899

No. 523.

Argued Feb. 14, 1933.

Decided March 13, 1933.

Mr. Glendy B. Arnold, of St. Louis, Mo., for petitioner.

Messrs. C. S. Burg and H. H. Larimore, both of St. Louis, Mo., for respondents.

Mr. Justice STONE delivered the opinion of the Court.

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Petitioner, a Delaware corporation engaged in the transportation of interstate freight in St. Louis, brought suit in the District Court for Eastern Missouri against respondent, Terminal Railroad Association of St. Louis, and its sixteen constituent members, interstate rail carriers having terminals in St. Louis or East St. Louis, to restrain an alleged violation of the Sherman Anti-Trust Act (15 USCA §§ 1—7, 15 note). The District Court dismissed the suit after a trial on the merits, on the ground that, as the acts complained of involved matters within the jurisdiction of the Interstate Commerce Commission, a suit to enjoin them was unauthorized under section 16 of the Clayton Act, 38 Stat. 737, 15 USCA § 26, unless brought by the United States. The Court of Appeals for the Eighth Circuit affirmed. 61 F.(2d) 546. This Court granted certiorari. 287 U.S. 595, 53 S.Ct. 313, 77 L.Ed. —-.

For many years before the present suit the respondent rail carriers had maintained in St. Louis and East St. Louis certain 'off track' stations for receipt and delivery of less than carload freight and by the employment of transfer companies, including petitioner, had provided for the transportation of such freight by truck between such stations and their 'on track' stations, and between each of the latter in St. Louis and East St. Louis. Tariffs filed with the Interstate Commerce Commission designated all such 'off track' stations and fixed line haul rates for the transportation of freight in less than carload lots between such stations and points on their lines. The 'off track' stations were generally places of business of local transfer companies, including petitioner, and the Columbia Terminals Company, also named as a defendant.

The several carriers, having proposed, in the interest of economy and efficiency, to reduce the number of 'off track' stations and to employ a single transfer company in interchanging freight, the Interstate Commerce Commission, on May 2, 1927, in response to numerous petitions, ordered a general investigation of the lawfulness of this proposal, and of the methods and practices of the respondents in handling less than carload freight in St. Louis and East St. Louis. On May 25, 1927, the rail carriers filed with the Interstate Commerce Commission a proposed tariff under which the number of designated 'off track' stations was to be reduced from twelve to seven in St. Louis, and from two to one in East St. Louis; new schedules of line haul rates, absorbing the allowances paid by the carrier for the interstation haul, were applied between all stations in St. Louis and East St. Louis and points on the lines of the carriers. The only 'off track' stations retained belonged to the Columbia Terminals Company. Those to be abandoned included three operated by petitioner and two operated and one controlled by the Columbia Terminals Company.

Thereupon, the Interstate Commerce Commission instituted a proceeding for an investigation of the lawfulness of the proposed tariffs and consolidated it with the proceeding for a general investigation already pending. In the course of the consolidated proceeding the Commission made two reports. The first, of May 13, 1929, 155 I.C.C. 129, upheld as reasonable and lawful the proposed reduction in number of 'off track' stations and the employment by the several rail carriers of a single transfer company to do the interstation hauling. The Commission found that these changes in method of handling freight under the proposed rate schedules would effect large savings in transportation costs, and that the arrangement entered into to effect them was not a violation of the anti-trust laws of the United States. The proposed rate schedule was suspended, pending a cost study, at the conclusion of which the Commission, by a second report and order of July 27, 1931, 177 I.C.C. 316, approved the rate schedule as filed.

Pending the proceedings before the Commission, respondent, the Terminal Railroad Association, acting on behalf of the respondent carriers, on June 1, 1931, entered into a contract with Columbia Terminals Company, embodying the arrangement between the carriers and the Columbia Terminals Company, which is the subject of complaint in this suit. By this contract it was agreed that the reduced number of 'off track' stations named in the filed tariffs, which were places of business of the Columbia Terminals Company, should be designated and maintained as the only 'off track' stations of the carriers; that the Columbia Terminals Company should have the exclusive right to transport less than carload freight between the 'on track' stations and between them and the 'off track' stations; that the carriers should file the necessary amended tarifis with the Interstate Commerce Commission to carry out the agreement and pay for the services rendered at prescribed rates, which were absorbed in the line haul rates ultimately approved by the Commission. The practical effect of the contract was to give the Columbia Terminals Company the exclusive right to operate the 'off track' stations, to haul the interchanged freight, and thus to preclude the employment of petitioner and others in that service.

Petitioner assails the contract and the consequent refusal of the carriers to employ it and to use its places of business as stations, as creating a forbidden monopoly in restraint of interstate commerce. To this the respondents answer that the contract is concerned with matters within the jurisdiction of the Interstate Commerce Commission in respect to which the Clayton Act provides that no one except the United States may maintain a suit for an injunction. The question which we must decide is whether the petitioner is thus precluded from prosecuting the present suit.

By the Sherman Anti-Trust Act, the government alone was authorized to maintain a suit to restrain violations of its provisions, Paine Lumber Co. v. Neal, 244 U.S. 459, 37 S.Ct. 718, 61 L.Ed. 1256. Private persons were first authorized to bring suits for that purpose by section 16 of the Clayton Act (15 USCA § 26), but with the proviso 'that nothing herein contained shall be construed to entitle any person, firm, corporation or association, except the United States, to bring suit in equity for injunctive relief against any common carrier subject to the provisions' of the Interstate Commerce Act 'in respect of any matter subject to the regulation, supervision, or other jurisdiction of the Interstate Commerce Commission.'

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It is not denied that the respondents are common carriers subject to the provisions of the Interstate Commerce Act. 49 USCA c. 1, § 1 et seq. Nor is it denied that by the applicable provisions of the act the maintenance by the carriers of the 'off track' stations, the transportation service rendered in connection with them and between the 'on track' stations, through the exclusive agency of a single transfer company, the restriction of the number of 'off track' stations designated by filed tariffs establishing line haul rates to and from those stations, are all within the jurisdiction of the Commission.1

The petitioner, conceding that the Commission has jurisdiction of the service of the transfer companies in interchanging freight between the stations, insists that the Commission has no jurisdiction or control over the carrier's discretion in selecting their agents to perform that service, and consequently no jurisdiction over a contract by which that discretion is exercised or of a cause of action arising out of its unlawful exercise; that jurisdiction is therefore in the federal court to grant the relief prayed.

This argument misconceives both the effect and the purpose of section 16 of the Clayton Act (15 USCA § 26). Under that section jurisdiction of the Commission does not delimit the jurisdiction of the federal courts to restrain violations of the Sherman Anti-Trust Act. Compare United States v. Trans-Missouri Freight Ass'n, 166 U.S. 290, 17 S.Ct. 540, 41 L.Ed. 1007; United States v. Joint Traffic Ass'n, 171 U.S. 505, 19 S.Ct. 25, 43 L.Ed. 259. It affects only the capacity of a private party to maintain a suit to restrain violations. See General Investment Company v. New York Central R.R., 271 U.S. 228, 46 S.Ct. 496, 70 L.Ed. 920. Its obvious purpose is to preclude any interference by injunction with any business or transactions of interstate carriers of sufficient public significance and importance to be within the jurisdiction of the Commission, except when the suit is brought by the government itself. Here the relief prayed is that performance of the contract be enjoined. Performance necessarily involves the continued designation in the filed tariffs of the Columbia Terminal Company's places of business as the 'off track' stations specified in the contract, and the continued exclusive employment of that company to render the stipulated service; both matters within the jurisdiction of the Commission. True, a contract may precede and have existence apart from the several acts required to perform it, and conceivably all of those acts might be done if no contract or agreement to perform them had ever existed. But when they are done in performance of an agreement, there is no way by which the agreement itself can be assailed by injunction except by restraining acts done in performance of it. That, in this case, the statute forbids, not because the contract is within the jurisdiction of the Interstate Commerce Commission, but because the acts done in performance of it, which must necessarily be enjoined if any relief is given, are matters subject to the jurisdiction of the Commission. See Wheeling & Lake Erie Co. v. Pittsburgh & West Virginia Ry. (C.C.A.) 33 F.(2d) 390, 392; General Investment Co. v. New York Central R.R. Co. (C.C.A.) 23 F.(2d) 822.

Section 12 of the Interstate Commerce Act (section 12, tit. 49, USCA) invests the Commission with broad powers to conduct proceedings to inquire into the management of the business of all carriers subject to the act, and to execute and enforce the provisions of the act. See Smith v. Interstate Commerce Commission, 245 U.S. 33, 43, 38 S.Ct. 30, 62 L.Ed. 135. By paragraph 3 of section 3 of the act (section 3, par. (3), tit. 49 USCA), rail carriers subject to it are required to afford all 'reasonable, proper, and equal facilities for the interchange of traffic between their respective lines, and for the receiving, forwarding, and delivering of passengers or property to and from their several lines and those connecting therewith.' 'Reasonable, proper, and equal facilities' include not only trackage, but all other terminal facilities, all of which are brought under jurisdiction of the Commission. See Pennsylvania Company v. United States, 236 U.S. 351, 35 S.Ct. 370, 59 L.Ed. 616. They include privately owned warehouses designated as such by the owner, acting as the carrier's agent, United States v. Balt. & Ohio R.R. Co., 231 U.S. 274, 34 S.Ct. 75, 58 L.Ed. 218; see Merchants' Warehouse Co. v. United States, 283 U.S. 501, 506, 513, 51 S.Ct. 505, 75 L.Ed. 1227; cf. Interstate Commerce Commission v. Diffenbaugh, 222 U.S. 42, 32 S.Ct. 22, 56 L.Ed. 83, and motortruck transfer in connection with transportation by rail. In the Matter of Legality of Tariffs Purporting to Embrace Motor Truck Transfer Service, 91 I.C.C. 539; Motor Bus and Motor Truck Operation, 140 I.C.C. 685, 729; Discontinuance of Inland or Off-Track Stations in New York City, 173 I.C.C. 727; Coordination of Motor Transportation, 182 I.C.C. 263, 367; Trucking Less-Than-Carload Freight, 185 I.C.C. 71.

By section 1, par. 6 (section 1, par. (6), tit. 49 USCA), it is made the duty of rail carriers to establish and observe just and reasonable regulations and practices affecting the 'facilities for transportation' and 'all other matters relating to or connected with the receiving, handling, transporting, storing, and delivery of property subject to the provisions of this chapter which may be necessary or proper to secure the safe and prompt receipt, handling, transportation, and delivery of property * * * upon just and reasonable terms, and every unjust and unreasonable classification, regulation, and practice is prohibited and declared to be unlawful.' See Director General of Railroads v. Viscose Co., 254 U.S. 498, 41 S.Ct. 151, 65 L.Ed. 372.

Section 6(1) (section 6(1), tit. 49, USCA) requires every rail carrier to file schedules of rates applicable between different points on its own route and between points on its own route and on that of any other carrier when a through route has been established. They 'shall plainly state the places between which property and passengers will be carried * * * and shall also state separately all terminal charges * * * and all other charges which the commission may require, all privileges or facilities granted or allowed and any rules or regulations which * * * affect * * * any part * * * of such aforesaid rates * * * or the value of the service rendered to the * * * shipper. * * *' Tariffs changing the published rates are also required to be filed (section 6(3), and by section 15(7) (section 6(3), 15(7), tit. 49 USCA), the Commission is authorized on its own motion to enter upon a hearing concerning the lawfulness of the rate and of any classification, regulation, or practice specified in the tariff. See Director General of Railroads v. Viscose Co., supra; Texas & Pacific R.R. Co. v. Abilene Cotton Oil Co., 204 U.S. 426, 437, 27 S.Ct. 350, 51 L.Ed. 553, 9 Ann.Cas. 1075; Baltimore & Ohio R.R. Co. v. U.S. of America ex rel. Pitcairn Coal Co., 215 U.S. 481, 494, 30 S.Ct. 164, 54 L.Ed. 292.


text:
WGBH Openvault

Masterpiece Theatre; Casanova

Casanova Part 1 of 2 HV Home Video Master

License Clip

More material is available from this program at the WGBH Archive. If you are a researcher interested in accessing the collection at WGBH, please email archive_requests@wgbh.org.

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Masterpiece Theatre
Series Description

Program premiered in 1971 with The First Churchills. Hosted by Alastair Cooke. Intended as a showcase for the best of British television drama. Spawned MYSTERY! in 1980. Current executive producer Rebecca Eaton. All promotion of program done by Frank Goodman & Associates (see below). Synopsis, cast information and producers listed by individual title. Series release date: 1971

Program Description

Broadcast October 8 and 15, 2006

A legendary lover romances his way across eighteenth-century Europe in Masterpiece Theatre's rollicking retelling of the life of Casanova, with Peter O'Toole (Lawrence of Arabia, Troy) as the champion seducer in his golden years and David Tennant (Blackpool, Doctor Who) as Casanova in his frisky prime.

Part One: The aging Casanova (Peter O’Toole) is eking out a living as librarian to an absentee count. Encouraged by Edith (Rose Byrne), an innocent but curious servant, he begins reading extracts from his salacious memoirs. We learn of his unhappy childhood, his sexual awakening and the adult Casanova’s (David Tennant) modus operandi in Venetian high society, where he acquires a servant, Rocco (Shaun Parkes), and impersonates the ways of the wellborn in order to acquire money and seduce women. He meets an equally canny and upwardly mobile female version of himself in Henriette (Laura Fraser), with whom he falls madly in love. But she is engaged to Grimani (Rupert Penry-Jones), a jealous and conceited member of the nobility. While pursuing the seducer’s art, Casanova becomes intrigued by Bellino (Nina Sosanya), a castrato whom Casanova is convinced is really a woman. He proposes; however his more lasting attachments have a way of not working out. While hearing Casanova’s confession, a priest collapses from sin overload. Casanova nurses the cleric, Bragadin (Freddie Jones), back to health and is rewarded handsomely. Convinced that Henriette can now afford to ditch Grimani for him, our hero makes his move.

Part Two: Continuing his reminiscences to Edith, Casanova relates the aftermath of his daring prison break from Venice, where Grimani was responsible for his incarceration. Accompanied by his young bastard son and Rocco, Casanova travels through Europe, searching for a sympathetic Venetian ambassador who will grant him a pardon so that he may return to Venice and Henriette. In Paris, he chances on Bellino. In London, he briefly glimpses Henriette herself and later trades insults with Grimani, who challenges him to a duel. In the exchange of pistol shots, he learns that Henriette loathes Grimani. Wounded, Casanova travels to Saxony, where a mysterious nurse (Selina Cadell) sent by an anonymous benefactor saves his life. A visit to Naples on the eve of an eruption of Vesuvius puts him back in touch with Bellino, who introduces Casanova to his previously unknown daughter, now grown up and irresistibly attracted to Casanova’s grown up son (Tom Burke). The prospect of incest between brother and sister is too much for our hero, proving that he has standards after all. Years later, he laments to Rose his abiding love for Henriette concerning whose fate one last message arrives.

Asset Type

Broadcast program

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Chicago: “Masterpiece Theatre; Casanova,” WGBH Media Library & Archives, accessed February 24, 2017, http://openvault.wgbh.org/catalog/V_4A71062FE08048A98DAC9372ECF1E396.
MLA: “Masterpiece Theatre; Casanova.” WGBH Media Library & Archives. Web. February 24, 2017. <http://openvault.wgbh.org/catalog/V_4A71062FE08048A98DAC9372ECF1E396>.
APA: Masterpiece Theatre; Casanova. Boston, MA: WGBH Media Library & Archives. Retrieved from http://openvault.wgbh.org/catalog/V_4A71062FE08048A98DAC9372ECF1E396
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Previous Entry | Next Entry

OpenVZ past and future

Looking forward to 2015, we have very exciting news to share on the future on OpenVZ. But first, let's take a quick look into OpenVZ history.

Linux Containers is an ancient technology, going back to last century. Indeed it was 1999 when our engineers started adding bits and pieces of containers technology to Linux kernel 2.2. Well, not exactly "containers", but rather "virtual environments" at that time -- as it often happens with new technologies, the terminology was different (the term "container" was coined by Sun only five years later, in 2004).

Anyway, in 2000 we ported our experimental code to kernel 2.4.0test1, and in January 2002 we already had Virtuozzo 2.0 version released. From there it went on and on, with more releases, newer kernels, improved feature set (like adding live migration capability) and so on.

It was 2005 when we finally realized we made a mistake of not employing the open source development model for the whole project from the very beginning. This is when OpenVZ was born as a separate entity, to complement commercial Virtuozzo (which was later renamed to Parallels Cloud Server, or PCS for short).

Now it's time to admit -- over the course of years OpenVZ became just a little bit too separate, essentially becoming a fork (perhaps even a stepchild) of Parallels Cloud Server. While the kernel is the same between two of them, userspace tools (notably vzctl) differ. This results in slight incompatiblities between the configuration files, command line options etc. More to say, userspace development efforts need to be doubled.

Better late than never; we are going to fix it now! We are going to merge OpenVZ and Parallels Cloud Server into a single common open source code base. The obvious benefit for OpenVZ users is, of course, more features and better tested code. There will be other much anticipated changes, rolled out in a few stages.

As a first step, we will open the git repository of RHEL7-based Virtuozzo kernel early next year (2015, that is). This has become possible as we changed the internal development process to be more git-friendly (before that we relied on lists of patches a la quilt but with home grown set of scripts). We have worked on this kernel for quite some time already, initially porting our patchset to kernel 3.6, then rebasing it to RHEL7 beta, then final RHEL7. While it is still in development, we will publish it so anyone can follow the development process.

Our kernel development mailing list will also be made public. The big advantage of this change for those who want to participate in the development process is that you'll see our proposed changes discussed on this mailing list before the maintainer adds them to the repository, not just months later when the the code is published and we'll consider any patch sent to the mailing list. This should allow the community to become full participants in development rather than mere bystanders as they were previously.

Bug tracking systems have also diverged over time. Internally, we use JIRA (this is where all those PCLIN-xxxx and PSBM-xxxx codes come from), while OpenVZ relies on Bugzilla. For the new unified product, we are going to open up JIRA which we find to me more usable than Bugzilla. Similar to what Red Hat and other major Linux vendors do, we will limit access to security-sensitive issues in order to not compromise our user base.

Last but not least, the name. We had a lot of discussions about naming, had a few good candidates, and finally unanimously agreed on this one:

Virtuozzo Core

Please stay tuned for more news (including more formal press release from Parallels). Feel free to ask any questions as we don't even have a FAQ yet.

Merry Christmas and a Happy New Year!

( 29 comments — Leave a comment )
Dec. 27th, 2014 12:05 am (UTC)
Open source process
"we will open the git repository of RHEL7-based Virtuozzo kernel early next year"

You should have done that way earlier.

Android has gone the same path, where development is "dumped" once in a while.

When can we hope for OpenVZ in Mainline? Never?
Jan. 13th, 2015 07:31 pm (UTC)
Re: Open source process
Good questions, thanks for asking!

> Android has gone the same path, where development is "dumped"
> once in a while.

No. Android is doing "dumps" for every release, so they are working on something and once it's ready they push it to their public repo.

What we are going to do is to always have an up-to-date repository, i.e. all changes will be visible immediately, not once we feel "Virtuozzo Cherry Pie" is ready.

Now, the current delay is just organizational.

> When can we hope for OpenVZ in Mainline? Never?

Not sure why you are so skeptical. How do you track our progress?

So far very big portion of OpenVZ is already upstream -- to the point vzctl can be used on top of the recent upstream kernel. In terms of number of kernel patches we have in upstream kernel, it's close to 2000. In terms of features -- we have PID and net namespaces, some cgroup controllers (to replace UBC), and finally we even have checkpointing and live migration (in form of CRIU, see http://criu.org). This is years of work of our engineers that enable projects such as Docker and LXC.

Now, the big missing pieces are ploop and kernel memory controller. We are working on latter and is going to work on former.
Jan. 19th, 2015 10:42 pm (UTC)
Re: Open source process
Do you have a list of what features of Parallels Cloud Server will be included in Virtuozzo core?

The big one I am wondering about is the hypervisor and the ability to run it alongside containers on the same server.

Also wondering about Parallels Cloud Storage.
Jan. 20th, 2015 05:54 pm (UTC)
Re: Open source process
Yes, a hypervisor will be included.

Parallels Cloud Storage will most probably require a separate license.
Dec. 27th, 2014 11:27 am (UTC)
Ну наконец-то, отличная новость! А то мне уж было твой коллега на днях посоветовал тебя и подёргать насчёт доступа к 3.x для раннего тестирования.

Мира тебе и пельменей :)
Dec. 27th, 2014 01:08 pm (UTC)
Great news.

One major question though: 3.10, used in RHEL7, is more than 1.5 years old which is all young and fresh for enterprise but hopelessly ancient for real life. Are there plans to close that gap and move to a somewhat more recent kernel?
Jan. 13th, 2015 07:50 pm (UTC)
I have answered that question before (see http://openvz.livejournal.com/45647.html for one good answer). But people still ask about it, so maybe I need to write a "War and Piece" sized book dedicated to the topic.

Seriously, a job of maintaining a kernel for thousands of clients big and small is a challenge, and it is a lot of work (kernel engineers investigating bug reports, porting patches etc., QA engineers testing all this stuff). It's a lot of work. For a piece of software the size of the Linux kernel, and user base such as OpenVZ + Virtuozzo, it is a job for hundreds of people.

On top of that job, we have our own OpenVZ stuff to care about -- bugs, new features, optimizations, porting. We have tens of people working on that. We don't have hundreds to work on what is described in previous paragraph, so we "outsource" most of this work to Red Hat engineers.
Jan. 13th, 2015 09:54 pm (UTC)
Thank you for the good answer, this clarifies things a lot.

Okay, so in the end what is the recommended way to run OpenVZ on a modern linux distro? Or do I get it right that there isn't, so the Right Way™ is to take RHEL/CentOS and run modern distro inside OpenVZ and basically abandon the host machine for anything else?
Jan. 14th, 2015 06:05 pm (UTC)
First, you can use OpenVZ kernel on any modern distro. We don't specifically target for it, but since we have to have kernel features needed for applications running in containers with newest distros (such as Ubuntu 14.10, Fedora 21, openSUSE 13.2 etc), kernel should work for the host as well.

Having said that, the recommended way of course is to use what we recommend -- and for RHEL6-based OpenVZ kernel it is RHEL6 or CentOS 6 or Scientific Linux 6. You are quite right that you can run any other distros inside containers -- more to say, you should NOT run anything sensible on the host, since host is privileged, i.e. it has access to all containers.
Dec. 27th, 2014 06:33 pm (UTC)
Sounds good -- but...
This sounds good, but I predict that you will keep the name OpenVZ... there is no need to change the name. People know OpenVZ is true Open Source whereas "Virtuozzo Core" implies that it is the "open" part of a larger thing that is closed source.

The naming convention you are adopting is identical to that used by Zenoss, and from working there I know that it ends up confusing Open Source users and customers. It's best to avoid using an existing commercial brand for Open Source and then adding a "Core" to designate it as the Open Source edition.

Learn from past mistakes to avoid repeating them :) Keep it OpenVZ. For commercial efforts, also call it OpenVZ. Create a unified, not segmented ecosystem from the beginning -- it will save you headaches down the road. That is what you are trying to do with code and it's what you should be doing with your brand.

Best Regards,

Daniel Robbins
Jan. 13th, 2015 09:50 pm (UTC)
Re: Sounds good -- but...
I agree with Daniel Robbins and more, "Virtuozzo Core" can generate confusion with the existing Virtuozzo products.
Dec. 29th, 2014 08:18 am (UTC)
Main differences betwwen PCS and Virtuozzo Core?
What will be the main differences between the commercial and the open source version in future?
Dec. 30th, 2014 10:02 am (UTC)
Virtuozzo Core
Great news! Good luck
Jan. 1st, 2015 05:47 am (UTC)
Why change the name? It works and is known in the community.
Jan. 2nd, 2015 10:57 am (UTC)
Looking forward to the RHEL7-based kernel and hopefully RHEL7-based hardware nodes (for future proofing, mostly) in 2015! The name Virtuozzo Core sounds great, but isn't Parallels phasing out the whole Virtuozzo name in favor of PCS?
Jan. 6th, 2015 05:28 pm (UTC)
Upstream kernel

How will this affect development for upstream kernels? I'd rather keep the Amazon kernel for AWS and would love to see OpenVZ / Virtuozzo Core work on top of this..

Thanks :)
Alex Litvak
Feb. 23rd, 2015 01:52 am (UTC)
OpenVZ past and future
I loved the post, but I hope to see an update on how things are progressing. Especially related to new 3.10 kernel development and access to the git repository.

Thank you for all the great work,
Mar. 6th, 2015 06:39 am (UTC)
any news about git for 3.10 kernel ?

We are looking to add it in promox 4.0
Jul. 2nd, 2015 07:49 pm (UTC)
Mar. 10th, 2015 07:43 am (UTC)
Progress report?
Hi there,

when can we expect the opened up repository??
Mar. 31st, 2015 06:10 am (UTC)
Re: Progress report?
Wonder if it is never. I hear openvz is dying and there is more interest in docker elsewhere. Too sad.
Jul. 2nd, 2015 07:50 pm (UTC)
Re: Progress report?
May. 3rd, 2015 01:40 pm (UTC)
Would you provide support for containers to run on nfsv4 with rhel7 kernel?.
Jun. 16th, 2015 05:40 pm (UTC)
any updates on C7 kernel?

Jul. 2nd, 2015 07:50 pm (UTC)
Re: Updates
Jun. 24th, 2015 06:20 pm (UTC)
Is this still happening?
Will this mean that OpenVZ (or Virtuozzo Core) containers then be based on linux kernel 3.10 like RHEL7? It would be great to be able to use Docker on an OpenVZ based vps!
Jul. 2nd, 2015 07:51 pm (UTC)
Re: Is this still happening?
You can use Docker inside RHEL6-based CT already: https://openvz.org/Docker_inside_CT

And yes, VZ7 kernel is based on RHEL7 kernel which is based on 3.10 kernel. Note though that even RHEL6 kernel is able to run Docker, as it's NOT 2.6.32 but based on 2.6.32 with many new stuff added by Red Hat.
Jul. 21st, 2015 03:22 pm (UTC)
do OpenVZ sleep?
Technology is running fast, Proxmox VE, the Common interface for OpenVZ containers management is stop supporting OpenVZ since it's not up-to date with the OS / kernel releases
they move to LXC :(
Jul. 25th, 2015 04:22 am (UTC)
Re: do OpenVZ sleep?
Proxmos is not the interface to OpenVZ, is not the only control panel available for OpenVZ, and it's completely up to them to add/drop support of various features and underlying technologies from their product.

Having said that, I had a conversation with Proxmox, and asked if they are going to support OpenVZ. Their reply was they do support OpenVZ. They have two versions -- Proxmox 3.x (with OpenVZ) and Proxmox 4.0 (without OpenVZ). It's up to you, the user, to choose what you want to run.
( 29 comments — Leave a comment )

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text:
Quantifying Longitudinal, Corner and Transverse Cracking in Jointed Concrete Pavements

Heath, A., Roesler, J. and Harvey, J., 2001. Quantifying Longitudinal, Corner and Transverse Cracking in Jointed Concrete Pavements. In: Transportation Research Board (TRB) Annual Meeting, 2001-01-01.

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Mechanistic analysis of jointed concrete pavements has traditionally been performed by analyzing the pavements under either traffic loading or combined environmental and traffic loading. The environmental loading analysis is often limited to a linear temperature differential through the slab and the traffic loading is often reduced to a single or dual wheel load positioned at a free slab edge. This type of analysis usually predicts bottom-up transverse cracking in the center of the slab. However, some field data has indicated that this is often not the failure mode in rigid pavements as corner cracking and longitudinal cracking can also occur. A fatigue analysis using stresses predicted for the edge loading case under a positive temperature gradient will therefore give misleading results. This paper shows that the failure mode of rigid pavements can be transverse cracking, corner cracking or longitudinal cracking originating at either the top or bottom of the slab, depending on the slab geometry, concrete properties, environmental conditions and traffic loading. This indicates that a rigorous finite element analysis of a concrete pavement investigating all possible failure modes is required for a deterministic fatigue analysis based on concrete tensile stresses.

Item Type Conference or Workshop Items (Paper)
CreatorsHeath, A., Roesler, J. and Harvey, J.
DepartmentsFaculty of Engineering & Design > Architecture & Civil Engineering
ID Code773

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text:
Orchard as Cloud Service on Windows Azure with multiple instances

Topics: Customizing Orchard, General
Dec 6, 2013 at 4:52 PM
Edited Dec 6, 2013 at 5:35 PM
Project: http://www.apospasma.gr [5.000 daily visitors - 5 editors]
Orchard Version: 1.7.1
Cloud Service: 2 instances (no autoscale)
  • Cache Cluster Settings: Co-Related Role with Cache Size 30% - how does it affect memory?
  • Named Cache Settings:
    Name / [High Availability] / [Notifications] / [Eviction Policy] / [Expiration Type] / [Time To Live(min)]
    default / Disabled / Disabled / LRU / Absolute / 10
    SessionStateCache / Enabled / Disabled / LRU / Sliding Window / 60
    OutputCache / Enabled / Disabled / LRU / Absolute / 5
    DatabaseCache / Enabled / Disabled / LRU / Absolute / 5
  • Orchard OutputCache: Enabled - 480secs
This is our firtst attempt on Orchard as cloud service on Azure. Pretty much well I think but small problems.

We have the following issues but do not know how to handle them exactly (Orchard or Azure):
  1. When publishing a blogpost (most of times when updating) from time to time we get an error of: "no row with the given identifier exists" for taxonomies (category) or tags - seems nhibernate sync issue between instances?
  2. Problem when rearranging widgets - probably somehow the 2 instances are not in sync. But how?
  3. Problemwith Indexes. We created one, it disppeared. Then appeared again. Then, invisible again. x documents have been indexed. y documents have been indexed. Finally works.
  4. About OutputCache, which value should we trigger: module or Named Cache Settings?
  5. Do you think that we should fine tune Azure settings? If yes, which way?


text:
OSU has new ways to assess groundwater pollution

CORVALLIS - A team of Oregon State University scientists is working to develop simpler, faster and more cost-effective methods to assess and clean up groundwater contamination in places such as Hanford Nuclear Reservation, military installations and petrochemical facilities.

The new OSU tests are five to 10 times less expensive and take much less time - hours or days, instead of months or years. They also give just as much or more information than the more traditionally used methods, which may take many years and cost millions of dollars to complete.

"Often times, with traditional methods, more money and time is spent studying the problem than on cleaning it up," said Jack Istok, a professor of civil engineering at OSU. "We think our new methods help us get into the field more quickly and inexpensively and get to the cleanup stage sooner. And we learn about the factors that influence the whole system - the physical, chemical, biological. Managers are a lot more willing to start clean up if they can see initial results sooner."

Rather than start with small experiments in the lab as most scientists do, Istok and his colleagues jump into the field right away.

"Otherwise," Istok said, "we might be studying the wrong problem or miss something totally obvious."

To initially assess a groundwater contamination problem, Istok and his colleagues devised a new "push-pull" method, where a known amount of test solution is injected into a single well, then later extracted, along with the groundwater mixture from the same well. Their test is much quicker than the more standard methods where test solutions are injected into one well, then measured in other wells in the aquifer.

The liquid extracted from the well may reveal a lot about the nature of the groundwater pollution, said Jennifer Field, an assistant professor of environmental chemistry at OSU. Field and her colleagues analyze the solutions from the push-pull tests in the Department of Agricultural Chemistry at OSU.

"This push-pull method can give us information about the aquifer, the chemical contamination and its biological characteristics, depending on what we inject into the well," said Field. "It can also give us information on how best to clean up the groundwater."

Working with the team to develop test solutions to inject down the wells in the push-pull tests is Michael Hyman, a microbial ecologist in OSU's Department of Botany and Plant Pathology. Hyman looks at the influence of microorganisms, especially their role in cleaning up fuel and solvent spills.

Once initial information is gleaned from the push-pull tests, the scientists build intermediate scale models of a section of the aquifer in OSU's Groundwater Research Laboratory in Corvallis. Hauling in large amounts of uncontaminated native sediments from an aquifer of interest, they build large pie-shaped wedges in which they conduct their "sandbox" experiments.

"In our sandbox models, we can simulate the movement of contaminants traveling through the aquifer," said Istok. "Once we know how a contaminant moves in the subsurface, we can also test how well a clean up method might work."

Istok has used these methods to assess and clean up sites at Hanford Nuclear Reservation, Hickam Air Force Base and on oil company property in the Pacific Northwest. They have addressed radioactive contamination, fuel spills and trichloroethylene (TCE), a common solvent and groundwater contaminant.


text:
Neah-Kah-Nie Continues Dominance of Salmon Bowl Competition

CORVALLIS, Ore. – For the seventh time in the 11-year history of the Salmon Bowl, Neah-Kah-Nie High School has emerged victorious.

Hosted by the College of Oceanic and Atmospheric Sciences at Oregon State University, the Salmon Bowl is a competition among high school teams that tests their knowledge about marine science. The winning team represents Oregon at the national competition, held this April in Alaska.

Neah-Kah-Nie had won the last two Salmon Bowls and emerged victorious again in 2008, defeating the Grant High School “A” team in the final round. The Neah-Kah-Nie team was coached by Beth Gienger and Peter Walczak. Team members include Sean Compton, Mikaela Atkinson, Bryan Delgadillo, Josh Degayner and Kevin Filosi.

Grant finished second in the competition, and the “A” team from Benson High School was third. A second team from Neah-Kah-Nie finished fourth.

Astoria’s “A” team received the sportsmanship award.

“The Salmon Bowl is a fun way to encourage student interest in the marine sciences,” said Pete Strutton, a faculty member in the College of Oceanic and Atmospheric Sciences and an adviser to the event. “Climate change and other issues have focused public attention on the world’s oceans and interest in the Salmon Bowl has increased every year.”

The statewide competition is part of the National Ocean Sciences Bowl, which aims to develop the next generation of marine scientists, policy makers, educators, explorers, researchers and advocates. It is organized by the Consortium for Ocean Leadership, a group of 85 universities and aquaria, including OSU. More information is available at: http://www.nosb.org/

Sixteen teams at the 2008 Salmon Bowl tackled questions about the global carbon cycle, phytoplankton, ocean currents, tsunamis, undersea earthquakes, fisheries and climate change – to name just a few, according to Eleanor Hodak, a graduate student in COAS and one of the coordinators of the event.

A sample question: Why are green sea turtles called what they are? Is it because A) In their preferred habitat, refracted light makes them look green; B) Fat deposits inside them are green; C) they were first identified by biologist Jacob Green; or D) they feed primarily on green algae. The answer: “B.”

For more information on OSU's College of Oceanic and Atmospheric Sciences, visit the college website.


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Sunday, August 24, 2008

Ferocious Fay? No way.

Tropical Storm Fay (nope my Minnesota friend, it never got to be a hurricane here) derailed some plans around our area this past week.  Thankfully we were never without power and there is no major storm damage here.  I'm hoping that holds true for our water level.

Thanks to all for the great response to the upcoming Home Hub Seminar.  There are still seats available for Monday evening (Sept 15, 5:30-7pm) if you are still interested.

Next time we will talk about "Back to School"!

Sunday, August 17, 2008

An exciting Announcement!

Hello organizing friends!  We've been doing some end of summer traveling this month.  School starts in our district tomorrow.  Can you believe it!?!

I have something new in the works for organizewithjulie!  I think you are going to be very excited to hear this news! Many of you have expressed to me that you want to set up a Home Hub or that you just don't know what to do with all of the paper work that infiltrates your home.  No worries!  Coming to Jacksonville, FL in the month of September, I am offering a FREE workshop to help us all Conquer the Paper Chaos!

You will be able to see what a Home Hub is like in real life action. You will learn how to set up a Custom Home Hub Notebook System… and it is easy!

This is the perfect time of year to figure out: how to schedule your week, how to plan your meals, what to do with all the incoming school papers and the mail. You can get your bills paid on time. You will be able to return calls in a timely manner. Your home life will become less chaotic. This system is designed to give you everything you need at your finger tips.

With school just starting, the paper work you are about to receive will seem endless. This is my proven survival technique.

The Dates are:

Monday Sept 15, 5:30pm - 7

Tuesday Sept 16, 10 am - 11:30am.

The seminar is totally FREE. If you choose to buy notebooks or supplies at the seminar, those materials will be extra.

Send an e-mail to or leave a comment here to let me know that you are interested.


text:
Sunday, November 30, 2008

Buffett Swoops Into Bond Insurance - Forbes

Buffett Swoops Into Bond Insurance Forbes - 1 hour ago Warren Buffett seems like such a nice old guy, but that doesn't mean he wouldn't kick a company when it was down.

News - Insurance regulation costs £400m

Export finance and insurance of the general insurance industry, introduced last year, is costing 400m a year, the Association of British Insurers (ABI) has said.

Would You Trade Lower Insurance for An In-Car Breathalyzer?

Four friends killed in head-on collision in San Diego County I've been wondering about drunk driving and how it could be addressed in a more proactive and preventive way.

Saturday, November 29, 2008

Site redesign for an Online Insurance Company $600 First Prize ...

Site redesign for a consumer site with an emphasis on conversion.

Massachusetts Auto Insurance Rates

With auto insurers soon being allowed to set their own rates in Massachusetts, it looks like it's possible that Massachusetts may lose its image of having the most expensive insurance rates for cars in the US.

Safety Advocate Starts Car Insurance 180 Blog

With the Car Insurance Blog readers can keep up with the latest car insurance accident statistics and cheap car insurance news! Are you interested in topics like car insurance comparison and car insurance quotes rates?

RAR v. Standard Mutual Insurance Company

Indiana Northern District Court. Insurance. Filed: November 21, 2007. Plaintiff: RAR; Defendant: Standard Mutual Insurance Company.


text:
our everyday life

Things to Do With Kids Near Lady Lake, Florida

by Jane Rodda

Lady Lake, Florida is a small town about 50 miles from Orlando. It is surrounded by many other little towns and outdoor recreational areas. You will be able to find plenty to do with the kids without having to drive all the way to Orlando. Visitors and residents alike will enjoy much to do in this little area of central Florida.

Headquartered 27 miles from Lady Lake in Eustis, Central Florida Nature Adventures (kayakcentralflorida.com) will provide you and the kids with an exciting kayaking trip down one of central Florida's many rivers. St. John's River and the Rock Springs Run are tours with no experience needed. Fish and birds are bountiful along the trip. Twenty-three miles from Lady Lake in Lake Panasoffkee is Tom and Jerry's Airboat Tours (airboattoursorlando.com). It offers thrilling airboat rides along scenic river systems around the lake. Kids can have fun feeding the fish off the pier before departure.

The Lady Lake Historical Society Museum (ladylake.org/home/historical-museum) is a great spot for you and the kids to learn about the history of Lady Lake. Information about the Seminole Indians, the history of the log cabin and the town's train depot await at this interesting site. The Grand Oaks Resort (thegrandoaks.com) in Weirsdale, which is just four miles from Lady Lake, has a Carriage Museum. Over 160 vintage carriages and equine treasures are there to see. Kids would be intrigued by the horse and buggy concept and might even picture Cinderella in one of them.

Games and Sports

The Villages Bowling (thevillagesbowling.com) has two different bowling centers in Lady Lake. Fiesta Bowl and Spanish Springs Lanes both offer quality bowling with snack bars and live entertainment including karaoke. Just 2 miles from Lady Lake in Fruitland Park you will find The "Original" Speedway Park (originalspeedwaypark.com). You and the kids can enjoy watching go-kart and dirt bike races on this dirt track. Easy Street Family Fun Center (funworks.com/easystreet) is a 25 mile trip to Ocala, and offers batting cages, go-karts, miniature golf, arcade games and fun water games.

National Parks

Silver River State Park (floridastateparks.org/silverriver) is 23 miles from Lady Lake near Silver Springs. It has numerous hiking trails, rivers for canoeing and fishing, picnic pavilions, a playground and overnight camping facilities. Home to the state's largest living oak tree and only 5 miles from Lady Lake in Fruitland Park, is Lake Griffin State Park (floridastateparks.org/lakegriffin). Viewing the tree requires a short hike, and the park also features fishing, canoeing, kayaking and camping.

About the Author

Jane Rodda has been a writer since 2004, with articles featured in "Gameday Magazine" and "Urban Family Magazine." She is also the social media director and lead copywriter for a piano instruction website. Rodda holds a Bachelor of Arts in liberal studies with a concentration in psychology from Point Loma Nazarene University.


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Wednesday, November 7, 2012

Puerto Ricans Vote in Vital Elections (Updated)

All eyes have been placed on the U.S. presidential election that is projected to be won by incumbent Barack Obama over Mitt Romney.  Off the mainland, however, Puerto Ricans participate in a pair of crucial votes on Tuesday.

Hundreds of thousands of boricuas voted in a two-part plebiscite to help decide the political status of the island.  The first part of the referendum asked voters if they prefer the island’s political status as a commonwealth.  The second part of the plebiscite allowed voters to chose what type of political status they would like for Puerto Rico:  become the fifty-first U.S. state, become an independent country or remain as a commonwealth? (The island has been a commonwealth since the U.S. took control of the territory in 1898).

The results of the plebiscite are reportedly too close to call with exit polls indicating a 48%-48% tie over the first question on the island’s “status quo”.  Preliminary results for the second part of the plebiscite have indicated 50% for statehood, 32% for “enhanced commonwealth status” and 4% for independence.

The referendum is non-binding and details of the island’s upcoming political status would have to be agreed upon by the governments of the U.S. and Puerto Rico.  The role of Puerto Rican governor thus gains more importance yet it’s unknown who will hold that seat for those critical negotiations.

The future of Gov. Luis Fortuño, who is representing the pro-statehood party, is in the balance with results of the gubernatorial election far too close to call.  With half of the votes tabulated in a recount Fortuño is behind by less than 1.0% to pro-commonwealth candidate Alejandro García Padilla.

Obama has said that he would “respect the people's will if there is a clear majority”.   The negotiations over Puerto Rico’s future political status could be made easier if Padilla wins his race since the political party he’s with is allied with the Democrats.

Update below the page break:

Update (3:00 AM): According to Puerto Rico's electoral board Alejandro Garcia Padilla leads Gov. Luis Fortuño by 0.65% with roughly 90% of the votes counted.

Regarding the plebiscite, 53.87% of voters rejected the island's "status quo" commonwealth status and a clear majority prefer Puerto Rican statehood over independence or commonwealth.

Video Source– YouTube via user Alun Hill

Online Sources – Orlando Sentinel,, BBC News, Huffington Post

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Sunday, January 29, 2012

Update on the National Wildlife Federation - Scotts Partnership That Isn't

I'll make this brief, quoting a joint statement released by the National Wildlife Federation and Scotts Miracle-Gro today (January 29, 2012):

"The National Wildlife Federation has worked together with ScottsMiracle-Gro over the past two years on programs to educate gardeners about global warming, connect children to the outdoors and help restore habitat following the Gulf oil disaster. Both parties recently announced plans for an even broader partnership that was based on our common interests.

Since that time, Scotts announced a pending legal settlement related to events in 2008 that predate our partnership, which has made it clear that the partnership is not viable. Therefore, NWF and Scotts will work together to end the partnership in a friendly and mutually beneficial way."

In case you aren't familiar with the "pending legal settlement," it was announced on Friday that Scotts was charged with selling bird seed tainted with chemicals intended to keep insects from eating it, while knowing that it was toxic for birds, fish and other wildlife. They are charged with doing so for more than two years. More on that here:

Scotts to pay $4.5 million in fines - Columbus Dispatch, January 27, 2012

Terra said...

Yikes, what is the brand of birdseed? I am a member of National Wildlife Federation and did not know about this, so thanks for pointing it out.

Kylee said...

Terra ~ The birdseed was sold from November 2005 to March 2008, so it's no longer sold. I haven't heard what name was on the bird seed.

Corner Gardener Sue said...

I read the article. I can't believe the National Wildlife Federation would want anything to do with a company that sells chemicals that are not good for the environment, let alone tainted birdseed!

I am disappointed that the comments on that article got so political. I am so tired of people on either side caring more about their party and being right than working together for the common good.

Julie Kroske said...

Thank for sharing. I too thought it sounded like a strange Partnership.

Robin Horton/Urbwn Gardens said...

Hmm, who will they partner with now, Monsanto?

redgardenclogs said...

Good GRIEF! Well, I'm glad to hear the deal is OFF, but how terrible about the chemically treated birdseed. It's unreal to me that NWF was even considering partnering up with Scott's!!! I hope they learned their lesson and will stick with protecting wildlife and lands instead of selling out to big businesses that contradict what NWF is supposed to be all about.

Kylee said...

Sue ~ You said it in your second paragraph. I agree.

Julie ~ Most people did!

Robin ~ I sure hope not!!

Aimee ~ I got an email today from the NWF because I'd posted about this earlier and we had a nice exchange. I do think they were taken by surprise by the passion of their supporters against this partnership. I think more than a few have learned some things through all this.

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Saturday, November 5, 2011

"Dog On It" by Spencer Quinn (UPDATED)

Two Paws Way Up For Chet (25 stars)

Dog On It by Spencer Quinn is a fun book to read. It is told by Chet, a trained K-9 dog who helps Bernice, a private eye, investigate a missing person report. You are just going to love Chet's perspective on things! It goes fast and you're into it quickly. The best thing is that there is going to be another book with Chet and Bernice. You can bet I'll be reading that one too.
(Gerard's review 4/1/09)

Karen's thoughts (11/5/11):

I liked this one because the dog tells the story from his point of view.  Chet, the dog, has a wonderful relationship with Bernie, his owner and they make a good team in solving the case.  This is different from the usual mysteries because the reader finds out what happens along with the dog who knows way before Bernie.  Parts are very sad--the dog got abducted, mistreated, and wound up at a shelter where he almost was put to sleep for good!  This is a quick fun read if you like dogs.

The Dog Who Knew Too Much is another one we read by this author which was good too!

Have you read this one? What did you think of it?

  1. My husband and I have been listening to this series on audio and love it! I'm waiting for the library to get the last one in.

  2. Glad you are enjoying it! Thanks for stopping by and taking time to comment.

Thanks for commenting and happy reading!

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OWAA selects Fort Wayne for 2018 conference

Fort Wayne, Indiana, has earned many nicknames over the years – Summit City, City of Churches and the City That Saved Itself are just a few. And now Indiana’s second-largest city has been named host for the Outdoor Writers Association of America’s national conference June 2-4, 2018.

OWAA Executive Director Tom Sadler announced the selection just prior to OWAA’s 2016 conference July 16-18, in Billings, Montana.

“From the folks at Visit Fort Wayne, to Mayor Tom Henry, the ballpark staff and everyone else we met, the hospitality is outstanding,” Sadler said. “And the recreational opportunities in northeast Indiana are made to order for our members. We’re looking forward to having a terrific conference in this Midwest gem of a city.”

The ballpark Sadler mentioned is Parkview Field, consistently ranked one of the top minor league baseball stadiums in the country. Home to the Class A TinCaps, Parkview Field is adjacent to the conference hotels and could hold conference events.

Breakout Day will be at the St. Joe Valley Conservation Club, one of the largest shotgun facilities in the Midwest. Water Day will take place on the banks of the Maumee River, a few blocks from The Courtyard Fort Wayne, the host hotel located in the heart of downtown. All conference sessions will be across the street at the Grand Wayne Convention Center.

Room rates at The Courtyard are set at $109 per night and include complimentary Wi-Fi, plus access to the hotel’s indoor pool and fitness center. The Courtyard also provides complimentary shuttle service to Fort Wayne International Airport.

The Fort Wayne area is rich with history. Its earliest inhabitants, the Miami Indians, settled at the confluence of the St. Joseph, St. Marys and Maume rivers that form the heart of the city. French traders, the British, and eventually Americans, recognized the strategic advantages of the waterways and established footholds in the form of military forts.

Hundreds of glacially formed natural lakes in northeast Indiana provide endless recreational opportunities, as do three major reservoir lakes, five state parks, three state-managed fish and wildlife areas, and the nearby Wabash River, which is the longest free-flowing waterway east of the Mississippi.

If that’s not enough, Fort Wayne is within striking distance of Lake Erie and Lake Michigan, as well as other outdoor recreational destinations throughout Indiana that present abundant story opportunities for OWAA members.

Indiana Dunes National Lakeshore ranks near the top of National Park Service properties for biodiversity, and a combination of state and federal lands in southern Indiana provide more than a half million acres of public lands.

Fort Wayne is a city of firsts, including the first professional baseball game and one of the first night baseball games. The National Basketball Association was established here over a kitchen table talk between leaders of rival leagues. The television, pocket calculator, jukebox and motors for the refrigerator and garbage disposal were invented here.

That same innovative spirit is alive in Fort Wayne today and can be seen in a downtown renaissance and neighborhood pride.

Nearly 90 parks of all sizes and shapes dot the city and surrounding county, and more than 90 miles of trails (and growing) connect neighborhoods to these parks.

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Volunteering at OwlCon

There are a number of volunteer roles at OwlCon. To sign up as a volunteer, you will need to log into your account and then look for the appropriate link below (they will appear after you log in) or on your My Convention page. The general categories of volunteer roles are as follows.

Coordinators are the folks that plan and run the convention. The work load and responsibility for Coordinators vary considerably from role to role, but they are all rewarding and fun. All Coordinators receive a free badge and a t-shirt (that are distinct in appearance from the regular convention t-shirts). To sign up as a Coordinator, you will need to contact the Director first (just click on the "Contact" link at the bottom left of the page) to request to be a Coordinator.

Gamemasters run the various gaming events at our convention. Without gamemasters, there really is no convention. Gamemasters who run a sufficient amount of games (typically, two 4-hour games for at least 6 players each) will receive a free badge and t-shirt.

Please review our Gamemaster Information Packet.

Staff Member

The OwlCon Staff are the folks that help us execute the convention itself. The primary duties include setting up, staffing the Registration area, general assistance, running messages or forms, and breaking down the convention. Volunteers who work for at least two shifts (shifts are around 5 hours each) will receive a free badge and t-shirt.


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The major structural proteoglycan of cartilage, the core protein (2316 aa) to which ~100 chondroitin sulphate chains and several keratan sulphate chains as well as O- and N-linked oligosaccharide chains are linked. It binds to a link protein (~40 kDa) and to hyaluronic acid to produce very large multimolecular aggregates. A mutation in aggrecan leads to Kimberley type spondyloepiphyseal dysplasia. The linker domain between the N-terminal globular domains is highly sensitive to proteolysis by aggrecanases, peptidases of the ADAM family.

http://www.glycoforum.gr.jp/science/word/proteoglycan/PGA03E.html Structure and function of aggrecan and versican.

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(c. 256—357)

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Bp. of Córdoba from c.295. He seems to have been Constantine's ecclesiastical adviser from 313 to 325. In the early stages of the Arian struggle he was sent to Alexandria to investigate and it was apparently as a result of his report that the Emperor summoned the Council of Nicaea (325). He played an important part in this Council and presided over the anti-Arian Council of Sardica in 343. His support of St Athanasius led to his banishment in 355. At the Synod of Sirmium (357) he signed the ‘Blasphemy’ and was allowed to return to his diocese.

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filed: April 28, 1987.

Appeal from the Judgment Entered June 19, 1986 in the Court of Common Pleas of Philadelphia County at No. 1003 October Term, 1983.

Daniel A. Rendine, Philadelphia, for appellant.

Janel W. Mason, Assistant Public Defender, Philadelphia, for appellee.

Cirillo, President Judge, and Tamilia and Cercone, JJ.

Author: Cirillo

[ 362 Pa. Super. Page 487]

This is an appeal from the grant of defendant's motion for summary judgment by the Court of Common Pleas of Philadelphia based on a statute of limitations defense in an action alleging legal malpractice. We affirm.

Appellant, Santos Garcia, owns a home in Philadelphia which allegedly was damaged through demolition work at an adjacent property during November, 1977. Appellee, Community Legal Services Corporation (CLS), represented Mrs. Garcia in her attempts to recover for the property damage. She later retained a private attorney, Jack M. Bernard, who instituted suit on April 2, 1981 against the company which had performed the demolition work.

The statute of limitations for trespass to real property was three years until the legislature shortened the period to two years, effective June 27, 1978. The new statute provided that, wherever the limitation period was reduced, an action must be brought within one year after the effective date of the statute or the period provided for under the old statute, whichever is less. Therefore, the statute expired on Mrs. Garcia's claim on June 27, 1979.

During that time period, she was represented by CLS. She later retained Mr. Bernard, who filed suit in April, 1981 because he felt that it was possible to make a viable legal argument that the statute applicable to Mrs. Garcia's claim was 42 Pa.C.S. § 5536, which provided a twelve year period to file claims. However, on August 28, the Superior Court filed a decision holding that § 5536 was a statute of repose with no effect upon the provisions of § 5524. See Mitchell, v. United Elevator Co. Inc., 290 Pa. Super. 476, 434 A.2d 1243 (1981). Based on Mitchell, the trial court dismissed Mrs. Garcia's action on October 2, 1981 as barred by the statute of limitations. Bernard was notified by the court of the entry of judgment against his client on October 5, 1981. He then mailed Garcia a letter explaining the court's action. However, because she does not read English, Garcia was allegedly unaware of the contents of the letter until it was translated for her on October 19, 1981.

[ 362 Pa. Super. Page 488]

Mrs. Garcia commenced the present action on October 6, 1983. She filed a complaint in trespass, alleging that CLS acted negligently in failing to bring an action to recover for the damage to her home before the applicable statute of limitations expired.

CLS filed a motion for summary judgment, asserting that Mrs. Garcia's malpractice claim was governed by a two year statute of limitation (42 Pa.C.S. § 5524). They claimed that her action should have been brought no later than two years after October 2, 1981, the date summary judgment was entered in the earlier proceeding. The trial court granted the motion and Mrs. Garcia appealed to this court.

Appellant presents two issues for our review: (1) whether the trial court erred in holding that the two year statute of limitation applies to her claim for legal malpractice; and, (2) whether the trial court erred in granting summary judgment because there is a genuine issue of material fact as to when the appellant reasonably discovered the existence of her malpractice claim. Because of our disposition of this matter, we need not address these issues separately.

Mrs. Garcia argues that the trial court erred in dismissing her action. She claims that the relevant statute of limitations is either the four year period of 42 Pa.C.S.A. 5525(4) or the six year period of 42 Pa.C.S. § 5527(6). Section 5524(4) is applicable to implied contracts while § 5527(6) is a catchall provision for all civil actions not subject to a specific statute of limitation. CLS asserts that we should apply the two year period specified in § 5524. This section provides in pertinent part:

The following actions and proceedings must be commenced within two years: . . . (3) An action for taking, detaining or injuring personal property . . . .

42 Pa.C.S.A. § 5524(3).

Mrs. Garcia counters that even if we apply the two year period of § 5524, the statute was tolled until October 12, 1981 because that is when she was first able to reasonably discover that she possessed a cause of action against CLS. Because her claim was instituted on October 6, 1983, she

[ 362 Pa. Super. Page 489]

    argues that it was timely filed within two years of the date the statute started to run.

An action for legal malpractice may be brought in either contract or tort. Guy v. Liederbach, 501 Pa. 47, 55, 459 A.2d 744, 748, (1983). See also Trice v. Mozenter, 356 Pa. Super. 510, 520, 515 A.2d 10, 15 (1986); Hoyer v. Frazee, 323 Pa. Super. 421, 425, 470 A.2d 990, 992 (1984) Duke & Co. v. Anderson, 275 Pa. Super. 65, 70, 418 A.2d 613, 616 (1980).

But, at the time Mrs. Garcia instituted the present suit against CLS, the applicable Pennsylvania rules of pleading provided in pertinent part:

If a transaction or occurrence or a series of transactions or occurrences gives rise to causes of action in assumpsit and trespass against the same person . . . they shall be joined in an action against any such person in separate counts. Each count shall specify whether ...

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Michael J. Zampogna v. the Sheriff of Westmoreland

May 8, 2013

The opinion of the court was delivered by: Nora Barry Fischer U.S. District Court

Presently before the Court are a Motion to Dismiss filed by Defendants, the Sheriff of Westmoreland County, Pennsylvania and Westmoreland County (Docket No. [6]), their Brief in Support (Docket No. [7]), and Plaintiff's Brief in Opposition to Defendants' Motion to Dismiss (Docket No. [8]). Upon consideration of these submissions, and the allegations in Plaintiff's Complaint (Docket No. [1]), the Court finds that Plaintiff has argued additional facts in his opposition brief which are not pled in his Complaint, specifically, that Westmoreland County was the entity that paid his salary and benefits while the Sheriff supervised his employment and that such facts are material to the determination of whether Plaintiff has sufficiently pled that Westmoreland County and the Sheriff are joint employers for purposes of Plaintiff's claims under the Age Discrimination in Employment Act, 29 U.S.C. § 621, et. seq. ("ADEA"). (See Docket Nos. 1, 8). It is well-settled that the Court may not consider additional facts which are argued in a brief in opposition to a motion to dismiss when deciding such a motion under Third Circuit precedent. See Dongelewicz v. PNC Bank Nat'l. Ass'n., 104 F. App'x 811, 819 n.4 (3d Cir. 2004) (citing Williams v. New Castle County, 970 F.2d 1260, 1266 n.4 (3d Cir. 1992)). Therefore, the Court will grant Plaintiff leave to amend his Complaint to include all relevant facts supporting his causes of action against the Defendants pursuant to Rule 15(a)(2) of the Federal Rules of Civil Procedure and Defendant's Motion to Dismiss [6] will be denied, without prejudice.

With respect to the forthcoming Amended Complaint, the Court further directs Plaintiff to correct the alleged ambiguities in the Complaint which have been pointed out by Defendants in that several of the paragraphs in the Complaint and the prayer for relief refer to "Defendant" singularly without specifically identifying which of the Defendants is the alleged actor involved or from which Defendant (or Defendants) relief is sought. (See Docket No. 1 at ¶¶ 20, 21, 25-28, 30, "Wherefore" clause). In addition, the allegations in ¶ 11 of the Complaint should be clarified because that paragraph appears to refer to Plaintiff in the first person (i.e., "me") while the remainder of the pleading refers to him in the third person (i.e., "Zampogna"). (Id. at ¶ 11).

As noted, the Court will deny Defendant's Motion to Dismiss, without prejudice, given that Plaintiff will be filing an Amended Complaint. However, the Court notes that Plaintiff's position that he has sufficiently pled his causes of action against Defendants under the ADEA and the relevant pleading standards applicable to Rule 12(b)(6) motions, see e.g., Fowler v. UPMC Shadyside, 578 F.3d 203, 213 (3d Cir. 2009), is well-taken. In this regard, aside from the errors identified above, and with the prospective inclusion of the additional information presented for the first time in his brief in opposition delineating the precise roles of the Sheriff vis-a-vis the County as his alleged joint employers, it appears that Plaintiff has plausibly stated claims for relief against both Defendants under the ADEA because he has alleged that he was: 67 years old and within the protected class; terminated from his position as a Sheriff's Deputy; qualified for this position; and was replaced by an individual who was more than ten (10) years younger than him. See Haynos v. Siemens Water Technologies Corp., Civ. A. No. 12-173, 2012 WL 5834374, at *1 (W.D. Pa. Nov. 16, 2012); see also Stabile v. Allegheny Ludlum, LLC, Civ. A. No. 12--168, 2012 WL 3877611, at *5--7 (W.D.Pa. Sept. 6, 2012). The Court also agrees that age discrimination may be inferred from the averments that Plaintiff was asked by his supervisors about his retirement plans on four occasions within the one-month period immediately prior to his termination. See e.g., Wargats v. Pittsburgh Technical Inst., 2007 WL 81056, at *5 (W.D. Pa. Jan. 8, 2007)(McVerry, J.) ("Courts have also recognized, however, that some retirement inquiries are so unnecessary and unreasonable, that such inquiries may constitute evidence of age discrimination, especially when placed in the context of all facts and circumstances in a particular case.") (citations omitted); Romantine v. CH2M Hill Engineers, Inc., Civ. A. No. 09-973, 2010 WL 5419017, at *13 (W.D. Pa. Nov. 24, 2010) (Lenihan, M.J.) (same). In addition, his claim is further supported by his allegation that his replacement was more than ten (10) years younger than him, a fact which also may be sufficient to create a reasonable inference that he was discriminated against in violation of the ADEA. See Ullrich v. United States Sec'y of Veterans Affairs, 457 F. App'x 132, 138 n. 3 (3d Cir. 2012) (citing Hill v. Borough of Kutztown, 455 F.3d 225, 247 (3d Cir. 2006)) (age discrimination may be inferred from the fact "that a plaintiff's replacement was sufficiently younger to permit a reasonable inference of age discrimination.").

Finally, in this Court's estimation, the remaining issues that have been raised by Defendants are more appropriately addressed in the context of a well-supported motion for summary judgment or, if there are genuine disputes of material facts, argued to the jury at trial. To this end, courts have recognized that the dispute as to whether the County and Sheriff are joint employers is fact intensive and requires discovery prior to resolution by the Court. See Braden v. County of Washington, Civ. A. No. 08-574, 2008 WL 5129919, at *3 (W.D. Pa. Dec. 5, 2008) (Ambrose, J.) (holding that joint employer issue in FMLA case was fact intensive and was more appropriately addressed at summary judgment). In addition, the United States Court of Appeals for the Third Circuit has held that the issue of whether an ADEA violation is willful depends not on any additional proof adduced by a plaintiff in excess of the evidence required to sustain an ADEA claim but whether the facts of the case meet the legal definition of willfulness, i.e., did the employer know or show a reckless disregard for the fact that its conduct was prohibited by the ADEA? See Starceski v. Westinghouse Elec. Corp., 54 F.3d 1089, 1099 (3d Cir. 1995) (quoting Hazen Paper Co. v. Biggins, 507 U.S. 604, 617 (1993) ("An ADEA violation is willful if the employer either 'knew or showed reckless disregard for the matter of whether its conduct was prohibited by the ADEA'" and such determination does not require additional evidence than is required to prove the substantive ADEA claim). Therefore, the Court finds that dismissal would not be appropriate on a Rule 12(b)(6) motion in light of the arguments raised by Defendants.

For these reasons,

IT IS HEREBY ORDERED that Plaintiff shall file his Amended Complaint by May 15, 2013 at 12:00 p.m.

IT IS FURTHER ORDERED that Defendant's Motion to Dismiss [6] is DENIED, without prejudice.

Nora Barry Fischer

cc/ecf: All counsel of record.

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Roundup: 'Barbie Girl' one of RichRod's musical picks

Arizona Athletics

ESPN Pac-12 Blog's Chantel Jennings uncovers what music is played during football practices across the league. The oddest discovery: Rich Rodriguez has played tracks of crying babies and, even worse, Aqua's "Barbie Girl." Also, Sean Miller's Arizona Wildcats will open the Maui Invitiational against Missouri on Nov. 24, according to the story on

On Monday, UCLA cornerback Marcus Rios participated in practice for the first time in two years after fighting off a deadly fungal infection. The rare ailment threatened his life and even landed him on the Animal Planet show “Monsters Inside Me,” so Rios is grateful to be playing football again writes the Los Angeles Times' Chris Foster

USC cornerback Kevon Seymour is battling a stomach ailment that hospitalized him for a week last month and has already caused him to lose a significant amount of weight. Coach Steve Sarkisian knows the junior is likely to start, so he's not rushing Seymour back, according to Fox Sports West.

Washington State

CougCenter's Andrew Crookston writes that Gerard Wicks did enough during a hot day at camp to heat up the running back competition for Mike Leach's Washington State team.

Kyle Whittingham says the Utes have undergone makeovers at wide receiver, safety and on the defensive line. Matt Piper of The Salt Lake Tribune breaks down each positional group

Ducks running back Thomas Tyner dipped his toe in the water last season. As a sophomore, coach Mark Helfrich expects Tyner to “cut it loose.”

Arizona State

Yesterday in the roundup, we noted that ASU wideout Jaelen Strong is only expected to improve upon last season. Today, we wonder who might be his sidekick, and junior college transfer Eric Lauderdale is one player who comes in with high expectations, writes the Arizona Republic's Jeff Metcalfe

Winston Cho from The Daily Californian writes about how Cal volleyball player Sarah Cole's journey involved a battle with depression. In hoops, Cal has a Nov. 20 battle against Syracuse lined up in the 2K Classic at Madison Square Garden.

Colorado's coaches hope Auburn transfer Shane Callahan can win himself a starting job on the offensive line, Kyle Ringo of the Daily Camera reports.

Receiver Kasen Williams saw his 2013 season end with five games left thanks to a broken leg and an additional foot injury, but he's crediting his parents for pushing him to make a strong comeback, reports The Seattle Times' Percy Allen. Williams says he's at 85 percent but expects to be 100 percent ready to go by the beginning of the football season.

Oregon State

Oregon State freshman Kammy Delp is famous on Twitter and loves cheesecake. The Oregonian's Connor Letourneau dug up five interesting facts about the right guard

The Bootleg cleans up the leftovers from the Bay Area media day last week. David Shaw's short list of breakout players includes linebacker A.J. Tarpley, safety Jordan Richards and receiver Devon Cajuste.

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'Pac-12 Classics' preview: Sun Devils talk about excitement for 1987 Rose Bowl
Aug 26, 2014
Members of the 1986 Arizona State football team talk about their anticipation heading into the school's first Rose Bowl appearance against the Michigan Wolverines on Jan. 1, 1987. See the full "Pac-12 Classics" episode debut Tuesday, Aug. 26 at 8 p.m. PT on Pac-12 Networks.
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Friday, 22 February 2013

Today in the Pace case: 22 February 1928

Wednesday, 22 February 1928: Rowland Ellis, Government Analyst for the City of Gloucester and the County of Gloucestershire—who had been given Harry’s organs and blood samples by Bristol pathology professor Isaac Walker Hall—sends his own report to the coroner.

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Billy Baldwin & Chynna Phillips on marital mend

It looks like Billy Baldwin and Chynna Phillips have made progress mending their 14-year marriage. The couple, who have three kids, had dinner with a group including Lizzie Grubman and Simon Rex (a k a Dirt Nasty) at Boathouse in East Hampton Sunday. “They look like they are all made up,” said an onlooker. Phillips filed for divorce in March but withdrew the papers days later. Also in the Hamptons was Billy’s brother, Alec Baldwin, who dined at Bamboo with “30 Rock” and “Saturday Night Live” producer Marci Klein.


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Hillary Clinton, ‘the next president of the United States’

We’re a long way from 2016, but a roomful of fans at Cipriani Wall Street didn’t think it was too early to name Hillary Clinton our next president on Tuesday night.

The black-tie crowd at the Elton John AIDS Foundation gala gave the former first lady a standing ovation, and Revlon billionaire Ronald Perelman — an independent who supported Mitt Romney — introduced Hillary as “the next president of the United States.”

“You’ve got my vote,” Perelman told Clinton.

Gov. Andrew Cuomo, the other Democrat who might run for the White House, forced a smile. His girlfriend, Sandra Lee, was honored with Clinton at the event.

Also smiling was Huma Abedin, who was shadowing her boss Clinton without the baggage-laden presence of her husband, Anthony “Carlos Danger” Weiner.

Emcee Matt Lauer drew laughs from the likes of Elton John, Billy Joel, Courtney Love, Michael Strahan, Jeff Koons, “Girls” star Allison Williams and singer Ciara.

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