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Cisco Delivers Advanced Traffic Visibility and Control With New WAN Automation Engine

Latest Addition to the Cisco Evolved Services Platform Automates Functions Across the Network to Increase Agility, Improve Top-Line Business Results and Save Service Providers Up to 45 Percent

SAN JOSE, CA -- (Marketwired) -- 05/18/14 -- To help service providers reduce operating expenses and drive new revenue streams embracing the Internet of Everything (IoE), Cisco (NASDAQ: CSCO) today announced it has added the Cisco WAN Automation Engine (WAE) to its Evolved Services Platform (ESP), marking another key milestone in the company's network function virtualization (NFV) and software-defined-networking (SDN) strategy. These new capabilities will provide service providers with tools they need to analyze, visualize and control functions across multi-vendor, wide area networks (WAN).

With worldwide mobile data traffic projected to increase nearly 11-fold during the next four years, more pressure than ever will be placed on the foundation supporting it all -- the network. The explosive growth of the IoE presents service providers with a significant business opportunity, but it is difficult to obtain a global view of available capacity and its associated utilization by different services over the IP network. This impedes overall network optimization.

The Cisco® WAE offers service providers capabilities that reduce operational expenditures and enable applications that can increase revenues. Given the fluctuating network bandwidth needs of service providers, the Cisco WAE automates bandwidth scheduling and calendaring, circumventing congested network paths and delivering "bandwidth on demand," which can be used and purchased only when needed. Automating these functionalities can deliver a more than 90 percent return on investment (ROI) during the first year of deployment and a total cost of ownership (TCO) reduction of up to 45 percent.

WAE builds on the success the Cisco advanced network planning, design and traffic management software solution -- MATE -- which is currently deployed by more than 60 leading global service providers, including TDS Telecom (TDS), WOW! and XO Communications. Service providers worldwide are using MATE to optimize the network in a variety of ways, such as predicting the effects of traffic demands and better understanding hotspots and costly chronic congestion. By integrating MATE with WAE, service providers can extend MATE's capabilities and bring new levels of visibility, reliability and stability to IP traffic management and control.

Technology Highlights -- Cisco WAE and MATE

  • Situational and Predictive Analysis: Uses historical traffic data and anticipated demand to produce real-time and predictive models that increase overall service velocity; calculates high traffic "what-if" analysis while offering solutions for ultimate load balancing; utilizes flexible policy routing to enforce latency and utilization constraints for overall network optimization.

  • Traffic Visualization: Enables an accurate "total WAN" topology view with comprehensive modeling; collects and models traffic, equipment and topology data while maintaining the "state" of each and then maps everything together for holistic, real-time network transparency; utilizes time-sequenced global models to provide accurate forecasting across thousands of WAN nodes.

  • Control and Automated Provisioning: Extends Cisco ESP advanced orchestration and management across the WAN and dynamically assesses total traffic views to allow on-the-fly WAN reconfiguration of path calculations.

Cisco's Approach to Virtualization
"Service providers sit at the center of the IoE economy and have the ability to capitalize on the significant market opportunity it presents," said Gee Rittenhouse, vice president of engineering, Cisco. "As the network grows in size and complexity, service providers must continue to roll out new services and focus on optimizing the network. Cisco is committed to providing a complete portfolio of virtualization offerings to help reduce costs and add even greater value by enabling increased agility and elasticity."

With the industry's most open, elastic and extensible approach to SDN, the Cisco WAE enhances the capabilities of Cisco's ESP, which is a key element of the company's Cisco Open Network Environment (ONE) strategy. At the foundation of it all is the Evolved Programmable Network (EPN), which is the infrastructure layer consisting of physical and virtual devices working together to form an end-to-end unified fabric for a programmable network.

Customer Validation
Global service providers recognize the importance of using the Cisco WAE and MATE to deliver new experiences and expand revenue opportunities.

"We expect to implement Cisco's WAN Automation Engine to intelligently map our services to our transport across our core using cutting-edge SDN technology," said Henry Hou, general manager for the Network Platform Department at Tencent. "And, we anticipate significant cost reductions and highly efficient operations, even as we explore revenue-generating services using the WAN Automation Engine."

"The WAN Automation Engine provides straightforward interfaces to allow us with our capabilities, to develop network-aware applications such as bandwidth calendaring, automated maintenance planning and dynamic network configuration based on quality-of-experience monitoring," said Camillo Ascione, chief technology officer of Italtel. "Our mutual customers are ideally suited to benefit from Cisco MATE and its evolution towards WAE to control multivendor networks."

"As our business grows and the complexity of our multi-vendor, best-of-breed network increases, we need agility in our planning cycles that only Cisco MATE Design is able to provide," said Ken Paker, vice president of Network Services and chief technology officer, TDS.

"With Cisco Evolved Services Platform, XO delivers reliable networking service to our customers, including over half the Fortune 500, facilitating connectivity for a host of unified communications, data networking and mobility initiatives," said Don MacNeil, chief operating officer of XO Communications. "Leveraging Cisco MATE for automated, multivendor networks of tomorrow enables seamless transport of voice and data between customer locations and their multi-cloud environments."

"Cisco MATE Design shows us where we need to traffic engineer, optimize, or add or rearrange capacity on the fly," said Eric Fligel, vice president, Network Engineering, Wow!. "We have a best-of-breed network, and the Cisco Evolved Services Platform portfolio was able to adapt to the underlying equipment from multiple suppliers. Ease of use, visibility, and complete support for our heterogeneous, multivendor networks are high benchmarks met by Cisco."

Supporting Resources

Cisco, Cisco WAE, Cisco MATE, MATE, Cisco Elastic Services Platform, Unified Platform, virtualized, network function virtualization, NfV, software-defined networking, SDN, software, hardware

RSS Feed for Cisco: http://newsroom.cisco.com/rss-feeds

About Cisco
Cisco (NASDAQ: CSCO) is the worldwide leader in IT that helps companies seize the opportunities of tomorrow by proving that amazing things can happen when you connect the previously unconnected. For ongoing news, please go to http://thenetwork.cisco.com.

Cisco and the Cisco logo are trademarks or registered trademarks of Cisco and/or its affiliates in the U.S. and other countries. A listing of Cisco's trademarks can be found at www.cisco.com/go/trademarks. Third-party trademarks mentioned are the property of their respective owners. The use of the word partner does not imply a partnership relationship between Cisco and any other company.

Press Contact:
Jim Brady
(408) 424-2150
[email protected]

Industry Analyst Contact:
Carter Cromwell
(408) 526-6914
[email protected]

Investor Relations Contact:
Marilyn Mora
(408) 527-7452
[email protected]

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Copyright © 2009 Marketwired. All rights reserved. All the news releases provided by Marketwired are copyrighted. Any forms of copying other than an individual user's personal reference without express written permission is prohibited. Further distribution of these materials is strictly forbidden, including but not limited to, posting, emailing, faxing, archiving in a public database, redistributing via a computer network or in a printed form.

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News Feed Item

Inspiration to Proceed With the Dewatering of Langmuir No. 1 Mine

TORONTO, ONTARIO -- (Marketwired) -- 06/02/14 -- Inspiration Mining Corporation (the "Corporation") (TSX: ISM)(FRANKFURT: OI8)(PINKSHEETS: IRMGF) would like to announce that it intends to proceed with the dewatering of the existing ramp (the "Ramp") to the Langmuir No. 1 mine. The Corporation intends to dewater the Ramp in order to commence an advanced exploration program in the higher grade mineralization ore body which occurs in the Langmuir No. 1 mine. The dewatering process requires a permit to take water ("PTTW") application to the Ministry of the Environment. The PTTW is required to ensure safe working conditions and to supply process water for the mining operations. To support its application, the Corporation retained AMEC Earth & Environmental, a division of AMEC Americas Limited ("AMEC"), to undertake a hydrogeological study.

The Ramp was used by the property's former owner, Timmins Nickel, to extract over 100,000 tonnes of ore with an average of 2.2% nickel. Langmuir No. 1 mine is an underground mine which is only accessible through the use of the Ramp, which extends to a length of 1,650 feet. Upon the cessation of operations by Timmins Nickel, the Langmuir No. 1 mine and the Ramp were allowed to be filled with ground and rain water.

The results of the AMEC study were issued on September 3, 2008. That study was quite extensive and had to be based on a large number of factors, including surface water drainage, nature of the overburden and bedrock, groundwater chemistry, the details, underground water flow, and a multitude of environmental factors. The preparation of also required consideration not only all historical data for the area as well as the baseline environmental report by BZ Environmental. Details not otherwise available were developed through additional DDH drilling by AMEC to provide information.

In addition, a numerical 3D steady-state groundwater flow (MODFLOW) model was developed to estimate seepage into the underground workings at the Langmuir No.1 mine site and to access the zone-of-influence associated with the long-term mine dewatering operations. The model is based on the previously developed groundwater flow model for the McWatters Mine Site located at a distance of about 2 km to the south of the Langmuir No.1 Mine site.

Model simulations, conducted for the Langmuir No 1 mine site by AMEC, showed that:

--  Long-term groundwater seepage into the increased (by about 25%) existing
    underground mine workings is expected to be about 150 m,

--  Zone-of-influence, defined by the 0.3 m drawdown contour, is predicted
    to not exceed about 2 km from the mine site,

--  Reduction of the groundwater flow contribution to the unnamed creek,
    originating at a distance of about 750 m to the south-east of the mine
    site, is predicted to be 50 m, and

--  Total groundwater flow contribution to Night Hawk Lake and its
    tributaries is predicted to be reduced by about 65 m due to the
    dewatering of the Langmuir No.1 Mine.

Based on the above, AMEC concluded in its report that dewatering of the underground workings at the Langmuir No. 1 mine site may have a relatively limited impact on the nearby surface water features. However, impact on other surface water features, located further away from the mine site, is expected to be non-measurable or negligible.

"The dewatering process will represent a significant step forward in the advancement of the property," stated Randy Miller, the President of the Corporation. "The dewatering of the ramp is necessary for the Corporation to access the higher grade ore body in the Langmuir No. 1 Mine. Once access is obtained, the Corporation will be in a position to further advance the property."

The TSX has not reviewed and does not accept responsibility for the adequacy or accuracy of this release

Forward Looking Statements

This news release contains "forward-looking statements" within the meaning of the United States Private Securities Litigation Reform Act of 1995 and applicable Canadian securities legislation. Generally, these forward-looking statements can be identified by the use of forward-looking terminology such as "plans", "anticipated", "expects" or "does not expect", "is expected", "budget", "scheduled", "estimates", "forecasts", "intends", "anticipates" or "does not anticipate", or "believes", or variations of such words and phrases or state that certain actions, events or results "may", "could", "would", "might" or "will be taken", "occur" or "be achieved". Inspiration is subject to significant risks and uncertainties which may cause the actual results, performance or achievements to be materially different from any future results, performance or achievements expressed or implied by the forward looking statements contained in this release. Inspiration cannot assure investors that actual results will be consistent with these forward looking statements and Inspiration assumes no obligation to update or revise the forward looking statements contained in this release to reflect actual events or new circumstances.

Inspiration Mining Corporation
Randy Miller
Chief Executive Officer

More Stories By Marketwired .

Copyright © 2009 Marketwired. All rights reserved. All the news releases provided by Marketwired are copyrighted. Any forms of copying other than an individual user's personal reference without express written permission is prohibited. Further distribution of these materials is strictly forbidden, including but not limited to, posting, emailing, faxing, archiving in a public database, redistributing via a computer network or in a printed form.

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text:
Dey don confam d seedings for d 2018 World Cup finals draw.

Peru kon be d last country to qualify for d tournament for Russia next year after dem beat New Zealand.

FIFA dey use dia World Ranking wey dem publish last month take seed all four pots for d draw.

D draw go take place on Friday, December 1 at 6pm local time for Moscow.

Pot 1: Russia, Germany, Brazil, Portugal, Argentina, Belgium, Poland, France

Pot 2: Spain, Peru, Switzerland, England, Colombia, Mexico, Uruguay, Croatia

Pot 3: Denmark, Iceland, Costa Rica, Sweden, Tunisia, Egypt, Senegal, Iran

Pot 4: Serbia, Nigeria, Australia, Japan, Morocco, Panama, South Korea, Saudi Arabia

Dem bin don already set d nations for pot 1 since last month, while Croatia bin be d beneficiaries of Italy wey kon be d only seeded team wey no make am through d European playoffs. They bumped up to pot 2.

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Please enter your name here


text:
March 27th, 2012

Barchick Recommend The Alchemist

Barchick Recommend The Alchemist

This place is both pretty and cool, well it is sister to Australasia so it’s to be expected. It’s more on the smart side of the Manchester scene: big, well lit bar, dainty lights hanging in the long windows and lots of things to feast your eyes on (including some bartenders). In summer, if it’s not p*ssing it down with rain you can chill outside in one of the table booths, but even if it is, there are massive umbrellas so who cares, at least you can smoke and be seated – tick tick.

The food and the drinks get a big yes from us. The brunches won’t disappoint, think Eggs Benedict or waffles American stylee, plus they have flowering teas – perfect for if you’re hanging or healthy. Stay for lunch: Thai curry, fish finger sandwich, fajitas… take your pick.

Drinking? Obvs… well think molecular techniques and carefully crafted libations… these boys aren’t afraid to experiment/show-off. Definitely order up the Smokey Old Fashioned, with Woodford Reserve, maple syrup and bitters… but this baby ain't done yet, it is then smoked using a go-go gadget boy-toy and it looks and tastes awesome. The Lavender & Coconut Daiquiri is also pretty inventive, with Bacardi Oro, Koko Kanu, coconut cream, lime juice and pineapple juice, it’s topped with an incredible lavender foam which BarChick had sprayed into her mouth, not so classy but do it.

Click here to view full recommendation.

Tags: BarChick, The Alchemist
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The Alchemist is open for morning coffee, brunch, lunch and dinner offering  everything Living Ventures are renowned for – excellent service, innovative cocktails and great food.


text:
We posed a few questions to the Washington State Attorney General's office about the Arlene's Flowers case.

When the office filed its discrimination suit against Arlene's Flowers and owner Baronelle Stutzman, various published reports indicated it was unprecedented for the attorney general to take action in a consumer-related complaint without an actual complaint.

Examples usually include the allegedly-injured party filing a complaint with the Washington State Human Rights Commission, or seeking out the AG's office. In the case of Robert Ingersoll -- the man turned away from Arlene's after seeking flowers for a same-sex wedding -- did neither. Ingersoll and his partner did, however, seek help from the ACLU.

The AG's office told Newstalk 870  they acted upon the complaint after hearing about it through news reports. We asked Janet Guthrie, Communications Director for AG Robert Ferguson some questions related to the suit. She sent the following reply:

As noted in the release, we brought this action under the Consumer Protection Act, not under the Washington Law Against Discrimination. Discrimination against consumers on the basis of sexual orientation is a violation of the Consumer Protection Act, and it is not unprecedented or unusual for the Attorney General’s Office to enforce the Consumer Protection Act.

The Consumer Protection Act since 2006 has had specific language forbidding a business or person who supplies goods and services from discriminating on the basis of sexual preference or other related factors. The AG's position is they believe Arlene's is in violation of that law.

Her attorneys argue a business person is being forced to provide certain types of services against their religious or moral beliefs. They argue this is no different than a musician being forced to compose music, or an artist being forced to paint a picture, against their will.


text:
Indian Diplomat Indicted In Visa Fraud Case, Leaves U.S.Devyani Khobragade is charged with visa fraud and making false statements after she allegedly lied on a visa application for her nanny.
Indian Diplomat In New York Facing Fraud ChargesDevyani Khobragade is accused of paying her full-time babysitter just a few dollars an hour and lying on a visa application.
Hearing To Address Diplomatic Immunity For Strauss-KahnIt's unclear when a judge will decide whether the case should be allowed to go forward toward a trial, which Nafissatou Diallo's lawyers say she eagerly awaits.

Watch & Listen LIVE


text:
Zimbabwe is experiencing a new beginning aimed at achieving political and economic gain. The media are powerful growth accelerators if handled correctly and we the media have the power to bring positive change

PRESIDENT EMMERSON MNANGAGWA:Zimbabwe is experiencing a new beginning aimed at achieving political and economic gain. The media are powerful growth accelerators if handled correctly and we the media have the power to bring positive change.
Zimbabwe is experiencing a new beginning aimed at achieving political and economic gain. The media are powerful growth accelerators if handled correctly.
For 37 years, Zanu pf under the deposed president Mugabe, your predecessor, particularly ZBC, herald and chronicle acted like state organs and propaganda channels for brainwashing the people into continuously voting for the despot led regime and those not convinced, were helped to dance to that tune through traditional Zanu pf ‘Political re-education’, more commonly referred to as assault, arrest, murder, disappearance and forced exiling of activists and opposition.
Your government can reach out to the people through engaging in progressive political discourse throughout Zimbabwe and engaging everyone, all races, colour and tribes, gender age, religion and other in nation rebuilding.
The media as you very well know and have by your own admission during the 17th Annual Zanu pf December Conference in December 2017, have become increasingly hostile and Zanu pf is looking at starting a Zanu pf TV station to counter that.
This is the 21st century and the diaspora flow with at least 6 million Zimbabweans living in exile, some by choice but mostly forced all have a keen interest and role in shaping the narrative developing in Zimbabwe, so, as a president, instead of shutting them out, seek ways to engage them and all stakeholders.
The Diaspora represent the greatest threat to your government, Zanu pf stalwarts and securocrats, president Mnangagwa, you included as they are bound to vote against you and your Zanu pf stalwarts and securocrats.
The people of Zimbabwe were shocked a few days ago when you proudly announced that Zimbabwe will hold free and fair harmonised elections with the next 5 months.
This came out clearly as taking Zimbabweans for clowns after the way the same military which had continuously violently thwarted opposition for 37 years suddenly became the people’s saviours and allowed peaceful protest, the forced resignation of Mugabe and your return half a month later from South Africa to become the new Zimbabwe president.
It became obvious that this was all a political game probably involving Mugabe because he was swiftly granted immunity from prosecution basically over the same crimes that you Emerson Mnangagwa committed, covered up and silenced the masses, and the world at large with false hoods and sweeping everything under the carpet all along, starting from 54 years ago when you joined Mugabe in politics through to gukurahundi, murambatvina, Chiadzwa genocides and murderous white farmer evictions and all other heinous crimes against humanity as State security minister in charge of state security organs such as CIO, CID and Zanu pf militia then alternately as Justice Minister.
We know that your sisters son Martin Rushwaya is the Permanant Secretary for Defence, the General who master minded the fall of Mugabe, Gev Chiwenga was rewarded with the post of Vice president of Zimbabwe, while Mugabe was awarded a hefty lump sum pension of US$10 million and other perks, while Mugabe’s nephew Rtd Air Force Commander Perrance Shiri a.ka.a Bigboy Samson Chikerema from Mugabe’s mum mbuya Bona’s family is now the Minister of lands and agriculture.
We also know that Major Gen Sibusiso Moyo, listed as an international mineral offender because of the DRC war minerals looting by ZDF during the DRC war, who broke the news on TV to the whole world that Mugabe is under house arrest is now the Minister of International trade.
Zimbabweans are also aware that just this month, you deployed over 2000 soldiers to rural areas traditional Zanu pf power houses when it comes to voting.
To the Chiefs in these communities at least 52 received brand new 4wheel drives last weekend from you. Only afool would fail to spot the vote buying using happy chiefs who will not allow opposition or activists in their areas and only open up to Zanu pf and infact campaign for Zanu pf, while soldiers instill fear into the people. Its fair to say even befor elections, President Mnangagwa, Zanu pf stalwarts and securocrats have already won the 2018 election.
Only yesterday your wife First lady Auxillia Mnangagwa donated 100 tonnes of various goods to two orphanages and hospitals in Zimbabwe.
She is continuously rushing around and making donations and we know that the goods were supplied by the Grain Millers Association of Zimbabwe (GMAZ) but now typical of Zanu pf they are projected as from Mnangagwa, Zanu pf stalwarts and securocrats, vote buying again and brainwashing the uninformed.
Look at Zimbabwe right now, the unemploment rate has sky rocketed well over 90% and the ordinary street person survives on an average of US$1 or less including nothing a day yet we foolishly celebrate a truck load of goods,..what about the millions of other suffering, orphans, homeless, the girl child, disabled, aged and other around the country.
Zimbabwe needs Mnangagwa, Zanu pf stalwarts and securocrats regime to re engage with the global village, attract investment, create employment and we need Service Delivery in education, housing, employment, water reticulation, electricity, transport and other on a permanant or long term basis for us to begin talking of progress not the one day goodies that are coerced out of companies and forced down the throats of innocent recipients as Mnangagwa, Zanu pf stalwarts and securocrats, regime go into over drive with vote buying as usual.
We the people of Zimbabwe are alarmed by the fact that you proudly announced a few days ago that the Diaspora vote will not be established, effectively marginalising a powerful voice who have equal rights to Zimbabwe.
We need to see your government effect Electoral Reforms already signed up by Mugabe and GNU principals with the help of former South Africa President Thabo Mbeki, bring in the UN, AU and SADC to monitor elections, remove draconian laws such as AIPPA and POSA, open up rural areas to activist and opposition voter campaigns,demilitarisation of cabinet and rural areas,and return the soldiers back to barracks, along with depoliticisation of things like vehicle distribution to Chiefs and donations by the First lady Auxillia Mnangagwa.
Zimbabweans are well aware that Mnangagwa, Chiwenga, Zanu pf stalwarts and securocrats view themselves as holding ownership of protecting the motherland and our heritage but at what cost? This is not the Zimbabwe the people thought they were signing up to by pushing Mugabe out. Little did we realise that removing Mugabe was simply replacing him with Mnangagwa, old wine in a new bottle. What can anyone expect from Mnangagwa, arguably Mugabe’s clone who has for the last 54 years gone through thorough mentoring by Mugabe, his father and one he will always seek advice from?
Wake up Zimbabwe! At the moment people should not be foolish enough to glorify the continuous arrests of Zanu pf officials as all arrests so far point at Mnangagwa, Zanu pf stalwarts and securocrats cementing their monopoly over wealth and power. Case in point is up to now, have we ever had a conviction or just endless arrests of basically G40 camp? Does this then mean Mnangagwa’s lacoste faction are free of corruption or simply that Mnangagwa is protecting them. While ever Obert is free, and we fail to recover the US$15 billion that Mugabe spirited off from Chiadzwa..its all a con by Zanu pf.
We need to step up our game and ramp up pressure through the media to rebuild our nation. Mnangagwa, Zanu pf stalwarts and securocrats must go, lets fight together as we did in removing Mugabe. At this point in time, any election is simply to legitimise an illegitimate Mnangagwa, Zanu pf stalwarts and securocrats regime because these guys are rushing to get votes before people awaken to the con of the century, replacing Mugabe with Mnangagwa, and what better time to win an election than when opposition are mired in controversy with leadership squabbles in MDC T and MDC Alliance challenges.
The media are powerful growth accelerators if handled correctly and this is what the Mnangagwa, Zanu pf stalwarts and securocrats regime must recognise and respect and prove to us they are rebuilding Zimbabwe.
Our commitment to Zimbabwe and the whole world is that we will fearlessly continuously expose all cons and stimulate debate amongst the electorate while giving them an opportunity to make informed decisions and choices through voting. INFORMATION IS POWER!-please join newzimbabwevision media platforms for regular updates, inclusive debate that has respect for all. All budding writers are welcome to send, original News articles, covering, religion, business, celebrities, fashion, politics, sport, girl child, good governance, democracy, equality, service delivery, health, education, housing, transport and other issues directly affecting the ordinary street person, to us, so we can publish them for you on our site for global readership. All articles must be original, writers name and source acknowledged and where the writer needs to be protected, we will not publish your details. Please email all your articles, photos and breaking news, to newzimbabwe.vision@yahoo.com or whatsapp to
Mr Sibusiso Ngwenya 0044 749 1 333 603
for publication on the constantly growing online groups, currently standing as follows
1)Zimbabwe News 4 us Zimbabweans 125,722 members
3) New Zimbabwe Vision group 18,415 members
4) Newzimbabwevision.com website 21,992 likes and
5) 5000 friends and 10,617 followers, on my timeline. DISCUSS! By Sibusiso Ngwenya

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June 04, 2015

Legalize Prostitution Or Give Us Jobs –Sex Workers Beg Buhari

Following the spate of police raids in the country’s capital territory, where over 3,000 prostitutes have been arrested, sex workers have reportedly thronged the streets of Abuja... [360Nobs]» ..Subscribe to NGHeadlines by Email »
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What is MonkeyPox Disease All About?

Monkeypox is a rare viral zoonosis (a virus transmitted to humans from animals) with symptoms in humans similar to those seen in the past ...


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Monday, August 1, 2011

Top 50 Video Game Moments: Number 37

Today's favorite moment isn't really a moment, it's more of a feature. It's definitely not a spoiler, it's the most widely-advertised thing in the game. The game is Assassin's Creed, and I'm sure you've already determined what this entry is...

It was a known fact that the free running in Assassin's Creed was going to be awe-inspiring. It was such a huge selling point of the game that it almost seemed like a gimmick, but after all, if you're going to have a gimmick, make it a good one. Very few gimmicks in video game history have been as good as the free running in this game. Running over the rooftops, along scaffolds, and through crowded city markets in the ancient holy land is a thrill that not many games have been able to top.

Along the roofline, off the steeple, up the windowsill and a 50-foot drop into a haystack? Sweet. Let's do this.
What really made the whole thing click was how natural and intuitive it was. They could have made the free-running take some ungodly levels of skill - it probably would've been easier on the coders. Instead, the controls will you to succeed. It's never obvious about its little nudges, but you aren't going to run a dive for a ledge, only to find that you missed the angle by a couple of degrees.

The game itself mostly fails because the creators didn't seem to know what made everything work. The game turns into a slog of "go climb that tower so you can see what we need you to do next". Then it ditches the free-running altogether, leaving you to swordfight your way through  the last half hour or so (and the sword combat is easily the weakest aspect of the game). I've arranged everything into this helpful chart.
Oh yeah. You'd best believe I made this.

From what I hear, the second game fixed a lot of these problems. I'd like to think that it'll appear on the other list at some point, but even if it doesn't, I got hours of fun out of running around Jerusalem being a dick to hobos and then fleeing to the rooftops. That's gotta count for something.

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Car Shows & Meets

Streets of Willow Recap: May, 2017

After approximately five months of owning my 2012 Audi TTRS, I was chomping at the bit to get her on the track and see how she did. While my B7 S4 was setup to squeeze every millimeter of performance out of a platform that was never really a “true” sports car, the TTRS was designed from the factory to be a sports car first. I was excited to compare how a fully dialed-in S4 and a barely modified TTRS would compare…but with 409 HP and 438 TQ (APR Stage 1 figures) and about 600 lbs less curb weight (~3900 lbs for S4, 3300 lbs for TTRS), I had a feeling the TTRS would be faster – it was just a matter of by how much. I had driven my S4 at this track in the past, but with fewer straights and lots of challenging turns, I struggled with confidence in my B7 and my best lap was a 1:38. How would the TTRS fair in comparison?

I met up with a few friends at Streets of Willow in Rosamond, CA (about 1 hour Northeast of Los Angeles) to find out. Since buying my TTRS I had also picked up a set of track wheels – 18×9 Fifteen52 Turbomacs with Toyo R888s, along with some MSS Kits lowering springs. Other than those light handling modifications and an APR tune, my TTRS is bone stock so I was excited to see the “baseline” for this car. I packed up all of my gear Saturday AM and surprisingly everything fits in this small but versatile hatchback quite well, although there wasn’t room for much else other than the driver and his gear:

Upon arriving at the track I took a few ridealongs, studied YouTube instructional videos for the track, and got ready for the next day. I was also given the chance to drive a 997 GT3 on some access roads near the track, which was quite a delight…in the words of Ferris, it was quite choice. By Sunday morning, I woke up with the sunrise pumping with adrenaline and ready to go. A few long hours elapsed before the first session of the day for my run group and it was finally my turn.

In one word: wow. I was able to consistently record 1:31 lap times and there was tons of potential left to improve had I been a smoother driver…but with so much power and so much grip, it was nearly impossible to resist the urge to just mash the crap out of the car in every turn. The car never really understeered, and sometimes even broke a little loose in the rear, but mostly just went where it was supposed to and really dug out of the turns. I was able to get on the pedal early and recover from a lot of driver mistakes like missing the apex or over braking. I said it throughout the day, but it felt like I was cheating. I got pointbys by GT3s, GTRs, and other cars that had no business pointing me by, as this car made me look like a fast driver, even though I’m pretty far from actually being one. I took my friend Arnold out for a ride and he couldn’t refrain from laughing hysterically at how much power the car had and how well it could take my spirited (to put it nicely) driving.

Because the car is so forgiving of driver error, I worry it actually might make me a worse driver in the long run – I struggled with driving smooth between the adrenaline rush of having so much power and the somewhat overwhelming feeling of having such a beast of a car to tame. I was shifting too hard, braking too hard, using too much steering input, and generally fighting the car too much. On my next track day, I might do a few sessions on street tires just to make my mistakes a little more obvious and work on a lighter touch on the gas & brake pedals as well as driving a smoother line…but this is about my only complaint with the car, and that’s a pretty good problem to have.

Best of all, the car had none of the typical VW/Audi side-effects of a track day – no check engine lights, little brake fade, and no burnt oil. After completing four 20 minute sessions, I was able to drive 3 hours home no problem. While there were a ton of cars faster than mine at the track, few of them were then able to drive home on the freeway getting 28+ MPG with heated seats on and streaming bluetooth music over Bose speakers 🙂

My videos didn’t turn out great, but the course photographer CaliPhotography got some great shots I’m sharing here. I’ll have a few additional blog posts coming soon on Harry’s Lap Timer, my Toyo R888s, MSS Track Springs Rear Upgrade, and a few others – so stay tuned for that (pun intended).

Most importantly I had a blast, learned a lot about the car, and know that my car doesn’t really need any more power or additional performance modifications to be track ready, but I’ll probably try to make some small upgrades to the brakes (higher temp fluid, better pads, maybe 2 piece rotors) down the road. Largely though, I think my next modifications can be aesthetic knowing that the “driver mod” is what is really needed to improve track performance. I’ve been itching for a set of cooler street wheels, which I might prioritize higher now that I feel power, handling & brakes are more than adequate for even the most extreme conditions.

Thanks for checking out my first TTRS track day recap, and look forward to more of these to come in 2017!

Nick Roshon

Nick has been an Audi owner and fanatic for the last 10 years, and started Nick's Car Blog in 2009 to share DIYs and pictures of his A4. Currently he drives a 2012 Audi TT-RS, and has previously owned a B7 S4, B7 A4, and an 82 Audi Coupe (GT) LeMons race car. In his day job, Nick is a digital marketer and lives in San Diego, CA, USA.

  1. Shame the video didn’t work out….but there lies an excuse for the next track day.

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Check out my
new book!
HTML5 Games book
3D Javascript Particle Generator Particles are awesome and so are particle generators. If you didn't know, a particle emitter is an object which spawns a large group of small objects (particles). It can be used to create a whole bunch of different effects like fire, rain, snow and magic!

Building on to the canvas 3D renderer, I hacked together a small particle emitter as a learning experience.

The demo has a number of controls for adjusting particle generation (size, shape, speed, direction, etc.) Several of the controls also have an additional "noise" control, which allows adding a random amount to that parameter.
There are a bunch of presets as well, that show effects such as a cone of smoke, a flame and even a fruity spiral!

Will be expanded with more controls and particle goodness in the future.

Performance seems best in Opera (specially the beta). Firefox and Safari are ok, but a little sluggish with high particle counts. IE sits this one out, for now at least.

Check it out here

⇓ 10 comments Calm_Pear

Holly crap that's so cool! Very nicely done!

April 15, 2008 at 11:14 AM

Interesting, you are doing nice developments!

April 15, 2008 at 7:08 PM

Wow, very neat. Really digging your posts.

I'm not sure how free your time is, but looking for someone to do a XYZ (3D) scatter graph in Javascript/Canvas.

April 16, 2008 at 11:06 PM

@mud: E-mail me at and we'll see.

April 18, 2008 at 9:56 PM

May 7, 2008 at 2:20 AM

Please please please can i get a copy of this particle engine. I am dying for one that i can use offline. If you can, e-mail me at

May 24, 2008 at 1:20 PM

Is there a 2D version of this?

March 26, 2009 at 11:08 AM
Jacob Seidelin

@w1sh: No, but I recall seeing another 2d particle experiment somewhere else recently. Maybe if you google around a bit.

March 26, 2009 at 11:44 AM

Nice job!

March 18, 2012 at 9:05 PM

is it possible to place canvas transparant above a googlemap satelite vieuw
would like to see the smoke in actual wind direction out off my chimney

thanks for any help or examples in advance

April 6, 2012 at 11:47 AM
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Sunday, 23 March 2014

There are things about Peterborough which you may not know, for instance, it hosts a huge antiques fair twice a year on the East of England Showground. This is always a good hunting ground and one of my finds at the fair last week was this Prisoner of War work domino set.
The French officer painted on the box looks very like Napoleon Bonaparte or "Little Boney" as seen in the print above and, as it turns out, during the Napoleonic Wars Peterborough was home to the world's first purpose-built POW camp at nearby Norman Cross.

The prisoners were well fed, humanely treated and permitted to make beautiful toys and decorative items from waste materials like bones from their beef ration (1 lb. each per day!). These were then sold on market day.

Peterborough Museum has a large collection of these pieces and, though it may be fancy on my part, the most delicate of these could have been inspired by the fine Gothic detail on Peterborough Cathedral.

Wednesday, 12 March 2014

We fetched up recently in Wakefield for an antiques fair and thought it would be a good opportunity to visit the excellent Hepworth Gallery for the first time. We found it easily, close to the town centre, an angular, grey building overlooking the Calder and Hebble Navigation and set in an atmospheric, semi-industrial landscape.

We'd come to the Hepworth to see a brilliant new exhibition of work by the American photographer, Philip-Lorca diCorcia - photographs taken between 1975 - 2012. Here's what has been said about the exhibition:
"If you have never seen these images in person, I urge you to make the journey to Wakefield." The Guardian.
"The Hepworth Wakefield refers to diCorcia as one of America's greatest photographers, and for once it doesn't sound like puff." The Independent.
"Already giving the big London Galleries a run for their money, the Hepworth Wakefield has pulled off another major coup." The Yorkshire Post. Well, they would say that!
It's worth watching this film of diCorcia explaining the ideas behind his intriguing photographs - here.
They can appear to be quite random and informal, but are often elaborately staged. They seem meaningful but mysterious, prompting questions; "Are they who we think they are?" "What is their relationship?" "What just happened?"
We were not permitted to take our own photos in the gallery so here are a few of Mr N's own photos which I think, probably by chance, have a similar feel.

I think he's sulking - this time he forgot to bring HIS camera!

Monday, 3 March 2014

While we were in East Kent recently we revisited Dover Castle. I lived with its comforting presence for the whole of my youth - it watched over me as I was pushed in my pram, was just behind me on my first day at school and in the summer holidays it was always there, in the background.

It is situated high on the cliffs so that almost every part of the town possesses its own personal and spectacular view. We hadn't been inside the castle's square keep since its English Heritage makeover (E.H. has renamed the keep - it is now The Great Tower!) I was eager to see whether the new, brightly coloured furnishings were a distraction or if they helped tell the castle's history in a more realistic way than the empty stone halls and secret passageways that, when I was a child, I could explore at any time with my friends. I'm not sure there was even an entry fee for children, though perhaps it was 6d.

                            The views are still amazing and inside...

... there are still mysterious nooks and crannies to explore.

But, hang on, I don't remember this.

Who's eating here tonight?

"Where's my banquet?"
It's Richard II, well known for being a little difficult in his final years.
What did we think of Richard's colourful new décor?

The bright furnishings are restricted to the main chambers of the keep and are surprisingly authentic and beautifully handcrafted. Contemporary illuminated manuscripts were the inspiration...

..and we thought they worked well!
Back down to earth in the shockingly sad old town that is present day Dover, we found a very good restaurant called The Allotment.
Once a traditional wine-merchants shop (I remember visiting with my parents to stock up for Christmas) it still has its original stained glass window.
It faces Dover Town Hall and, as I looked out, the years rolled back to when, along with grand, banner-bedecked town council chambers, it housed a small dusty Museum and held prestigious events like my school speech day where I once provoked a sharp intake of collective breath by wearing the shortest mini dress in the place onto the stage. But, as you walk through the town, the landscape becomes more depressing...

..until just behind the seafront a menacing hulk, Burlington House, comes into view, with its accompanying multi-story car park. Both buildings, constructed in the late 1970s, were condemned 7 years ago and have been empty since then.

A few yards further on, in what used to be the prestigious heart of pre-World War II Dover, we came across this shocking scene.
No longer the "Gateway to Britain" but a bit of a dump. Heartbreaking.


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Friday, August 5, 2016

From ‘It's been a long day. A Nonagenarian remembers’ by Irene Heredia

When the decade of the 40s began, Bombay, a ‘city by the sea’ was just the right size. No squatters, no hutment colonies, no migrants who started pouring in…..No less pleasant were the walks and the drives in this open city with broad pavements and not a single pavement dweller, nor professional beggar.

Cricket was called ‘a gentleman’s game’ and it was so. It took four days, it was expensive, and played mostly by maharajahs, and wealthy businessmen …..A couple even had junior cricketeers running for them between the wickets! Christians never played it. Their game was hockey…..

The Portugese built a magnificent cathedral at Bhuleshwar in south Bombay, which was as grand as any in Europe.

The Goa Liberation Council decided to project Goa to all the people of Bombay who only knew that people who came from Goa were Goanese, and belonged to the city’s underclass. Most worked as domestics – cooks, butlers and nannies – to rich, Westernised Parsis …..The upper crust of Bombay society were hardly aware of the other half who could match them in all their skills and resources except wealth.

Emily Dickenson’s haunting lines….
Because I could not stop for Death,
He kindly stopped for me.

……..there is nothing more hateful to a Goan than to be called a Goanese. It would be the equivalent to calling a Tamil a Madrassi, a Maharashtrian a Ghati, a Japanese a Jap, or a Chinese a Chinaman. The word was coined by the British and had overtones of being menial or half-caste….

Among the famous Goans from Goa to name a few was Abbe Faria who discovered and practiced hypnotism as a medical system. He figured in the French revolution as he was in Paris at the time and is mentioned by Alexandre Dumas in his novel, The Count of Monte Christo. There’s a striking statue of him in Panjim……

Music: The Goans, both Hindus and Christians, are a carefree people, mild and non-competitive. They share the same ethnicity, and their talents turn to music, art, poetry and the professions rather than to business and commercial enterprise.

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State v. Kirk

Decided: May 28, 1985.

On appeal from the Superior Court of New Jersey, Law Division, Cape May County.

King, Deighan and Bilder. The opinion of the court was delivered by King, P.J.A.D.

The issue here is the constitutionality of a road block or vehicle check point set up by two State Troopers on a county highway in a rural area of Cape May County at about 5:30 p.m. on Saturday, October 15, 1983. The Law Division judge denied the defendant's motion to suppress the evidence against him on the charge of drunken driving. All of the evidence against defendant was the product of the stop which was made without any probable cause or particularized suspicion of illegal activity. Defendant contends that the stop was a violation of his constitutional rights.

After denial of the motion to suppress, defendant pled guilty to driving while under the influence of alcohol, N.J.S.A. 39:4-50, was fined $250, and his license to drive was revoked for six months. No stay of the license revocation was sought and defendant has suffered that aspect of the penalty. He now appeals under R. 3:5-7(d) which preserves his right, despite the guilty plea, to appellate review of the validity of the stop and seizure of his person which he claims violated his constitutional rights.

Trooper Mayes was the only witness at the hearing on the motion to suppress. He described his duties on October 15, 1983 as "general traffic -- any traffic enforcement." He and Trooper Martinez decided to stop all traffic in both directions on County Route 550 in Dennis Township, Cape May County. This

is a two-lane road in a rural area, lightly travelled, especially at this time of year. He described his purpose as follows

What we do is we set up. At that time it was only two Troopers me and another trooper, we take both lanes north and south bound in this instance and stop every car that comes down the road asking for driver's license, registration, insurance card and at this time we also check for any equipment violation such as bald tires and such, anybody who appears to be intoxicated and any drugs, anything in plain view of such sort.

The Trooper said he picked this road because it was less traveled than a main road. This was necessary because they planned to stop all cars. He said that "you have to keep in consideration the volume of traffic on these roadways" and "we can't go on any major highways because you have traffic buildup so much that we pick a side road that is not so heavily travelled." On Route 550, the troopers would usually have no more than five cars stopped going in each direction at the same time during a road block. The first car stopped was defendant's; this was about ten minutes after the road block was set up. Immediately after defendant was arrested on suspicion of drunken driving the road block was broken down and defendant was taken to the barracks for booking. A single trooper could not operate the check point because of safety and security considerations. Only defendant Kirk and one other car had been stopped before the road block was closed down. As noted, there was no probable cause to stop defendant Kirk's vehicle. The facts supporting the trooper's decision to charge him were gleaned only after he was stopped, questioned, and given roadside tests to perform.

Trooper Mayes himself selected the place on the highway where all vehicles would be intercepted. He gave no reason or justification for the particular location. When asked: "How often do you set up these traffic checks?" the trooper replied: "There's no specific, you know, amount." He then said the determinative factor was "mostly the weather, really . . . we don't have traffic checks in downpours." He added that they were not set up on every clear day. When asked: "What determines in your mind when you're going to set up a traffic

check?", he replied: "Basically we [he and his partner trooper] just discuss it and we'll have one."

No flares or warning signs were used. There was no advance publicity given. The intercepting trooper simply stood in the middle of the road and waved down all cars from both directions. The trooper also expressed his reliance on New Jersey State Police Official Training Bulletin # 1-79,*fn1 May 10, 1979, which contained a summary of the United States Supreme Court's opinion in Delaware v. Prouse, 440 U.S. 648, 99 S. Ct. 1391, 59 L. Ed. 2d 660 (1979), prohibiting random stops, and an admonition to troopers to either stop every vehicle, or stop vehicles at a uniform rate, i.e., every fifth, tenth or fifteenth vehicle, when conducting a road block.

We wish to be clear that our decision is rendered on State constitutional grounds exclusively, not on federal constitutional grounds. In compliance with the admonition of Justice O'Connor in Michigan v. Long, 463 U.S. 1032, 103 S. Ct. 3469, 77 L. Ed. 2d 1201, 1214 (1983), we rely on federal precedents for guidance as we would on precedents of any other jurisdiction, not because of any concept of federal constitutional compulsion. Ibid. We intend that our decision rest on "bona fide separate, adequate, and independent State grounds," not subject to federal review. Ibid. As Justice O'Connor noted in Long: "It is

fundamental that State courts be left free and unfettered by us in interpreting their state constitutions." Ibid.

Art. I, par. 7 of the New Jersey Constitution of 1947*fn2 is almost identical in wording to the Fourth Amendment to the federal Constitution.*fn3 Under our recent cases, we are free to look to our Constitution which on at least four occasions has been construed to afford greater protection to privacy interests than the parallel provision of the federal constitution. See State v. Hunt, 91 N.J. 338 (1982) (protectible interest in toll billing records); State v. Alston, 88 N.J. 211 (1981) (standing to challenge search and seizure); State v. Johnson, 68 N.J. 349 (1975) (consent to search); State v. Novembrino, 200 N.J. Super. 229 (App.Div.1985) (no "good faith" exception to exclusionary rule). Indeed, the United States Supreme Court itself has invited the several states to develop acceptable alternatives to the constitutionally infirm random traffic stop condemned in the leading federal case, Delaware v. Prouse, 440 U.S. 648, 663, 99 S. Ct. 1391, 1401, 59 L. Ed. 2d 660 (1979): "This holding does not preclude the State of Delaware or other States from developing methods for spot checks that involve less intrusion or that do not involve the unconstrained exercise of discretion."

Structural differences in the State and federal constitutions, and matters of particular state interest or local concern, are two of the factors to be considered in developing an independent body of state constitutional law. See Justice Handler's

concurring opinion in State v. Hunt, 91 N.J. 338, 365-366 (1982). See also his opinion in State v. Williams, 93 N.J. 39 (1983). See generally Brennan, "State Constitutions and the Protection of Individual Rights," 90 Harv.L.Rev. 489 (1977); "Developments In the Law -- Interpretation of State Constitutional Rights," 95 Harv.L.Rev. 1324, 1361 (1982); Pollock, "State Constitutions as Separate Sources of Fundamental Rights", 35 Rut.L.Rev. 707 (1983); Note, Fernandez, The New Jersey Supreme Court's Interpretation and Application of the State Constitution, 15 Rut.L.J. 491 (1984). We conclude, as have many other state courts, that our State Constitution, which serves only "to limit the sovereign power which inheres directly in the people and indirectly in their elected representatives," Hunt at 365, is a more appropriate vehicle to resolve questions concerning the rights of our citizens to travel the highways of our state without police interdiction and the rights of the police to use reasonable methods to enforce our traffic laws than is the federal constitution. As the United States Supreme Court recognized in Delaware v. Prouse, this is an essentially local, not a federal concern, subject of course to the constitutionally minimum federal standards established by Delaware v. Prouse and its antecedents.

This case is one of first appellate impression in New Jersey. One Law Division opinion has approved a sobriety road block in State v. Coccomo, 177 N.J. Super. 575 (Law Div.1979), a case widely cited in other jurisdictions' discussions of this problem.*fn4 The contrast of the facts in Coccomo to the facts before us are instructive in illustrating why we conclude that the road block in the present case rests so much upon the discretion of the

officers in the field that it is unconstitutional. See infra at 40.

As Justice Clifford said in State v. Carpentieri, 82 N.J. 546, 548 (1980):

There is, of course, no question that Prouse effected a radical departure from the state of our law as it existed up until the date of that decision, for until then such random stops were expressly authorized under case law in New Jersey, see State v. Gray, 59 N.J. 563, 567 (1971); State v. Braxton, 57 N.J. 286, 287 (1970); State v. Kabayama, 98 N.J. Super. 85, 87-88 (App.Div.1967), aff'd o.b. 52 N.J. 507 (1968), and at least inferentially under our statutory law, see N.J.S.A. 39:3-29.

See also State v. Gervasio, 94 N.J. 23, 24, 31 (1983), where Justice Handler observed, "a large majority of jurisdictions approved of random [investigatory] stops prior to the Supreme Court's decision in Prouse." Id. at 30.

Our survey of Prouse, its federal antecedents, United States v. Martinez-Fuerte, 428 U.S. 543, 96 S. Ct. 3074, 49 L. Ed. 2d 1116 (1976), and United States v. Brignoni-Ponce, 422 U.S. 873, 95 S. Ct. 2574, 45 L. Ed. 2d 607 (1975), and its successor, Brown v. Texas, 443 U.S. 47, 99 S. Ct. 2637, 61 L. Ed. 2d 357 (1979), and our consideration of the decisions of our sister states, leads us to the conclusion that the road block in this case was violative of our State constitutional provision against unreasonable seizure. We conclude that the road block used in this case is really not distinguishable from the random investigatory stop condemned in Prouse. This temporary road block was set up by the exercise of absolute, unbridled discretion of the officers in the field. There was no command or supervisory participation involved. There were no limits or directions of any kind on the "when, where and how" of this road block, and no hint as to any particular "why." There was no demonstration of need or efficacy at this particular time and place. We get the distinct impression that the purpose was little more than to give the officers something to do on the particular occasion. To quote Justice White, the practical effect of the system used here was to leave the traveller "subject to the discretion of the official in the field." Camara v. Municipal

Court, 387 U.S. 523, 532, 87 S. Ct. 1727, 1732, 18 L. Ed. 2d 930 (1967) (constitutional right to insist that building inspectors obtain administrative search warrant).

In Delaware v. Prouse the Supreme Court held that random investigatory stops of motor vehicles made without probable cause or reasonable suspicion were unconstitutional. The Court granted certiorari apparently because five jurisdictions thought the Fourth Amendment permitted such stops but six thought to the contrary, 440 U.S. at 651, 99 S. Ct. at 1391. The Fourth and Fourteenth Amendments were implicated "because stopping an automobile and detaining its occupants constitute[d] a 'seizure' within the meaning of these Amendments", 440 U.S. at 653, 99 S. Ct. at 1395, citing Martinez-Fuerte, Brignoni-Ponce, and Terry v. Ohio, 392 U.S. 1, 88 S. Ct. 1868, 20 L. Ed. 2d 889 (1968). The Prouse Court thought the essential purpose of the Fourth Amendment was to impose a standard of reasonableness upon law enforcement agents in order to safeguard the privacy and security of individuals. The Court stressed that in situations where the balance between intrusion on individual rights against the promotion of some legitimate governmental interests precluded insistence on some quantum of individualized suspicion, other safeguards are generally used to assure that reasonable privacy expectations are not subject to the whim or discretion of the official in the field. 440 U.S. at 654, 99 S. Ct. at 1396. In Prouse, Justice White alluded to the ruling in Brignoni-Ponce holding unconstitutional random stops by roving immigration patrols, stops not based on any individualized suspicion. This was in contrast to the approval of fixed road blocks strategically placed to uncover illegal immigrants approved in Martinez-Fuerte. Indeed the very question before us today, which may be fairly characterized as the "constitutionality of the roving road block", seemed to have been left open by the federal high Court in Martinez-Fuerte at least until Prouse. See 440 U.S. at 656 n. 13, 99 S. Ct. at 1397 n. 13 (judgment reserved on the permissibility of state and local road blocks for documents and credentials).

Prouse stressed that the unconstitutional aspect of roving patrols and random stops operating without probable cause or reasonable suspicion was "the unbridled discretion of law enforcement officials." Thus "standardless and unconstrainted discretion" was the "evil the Court has discerned when in previous cases it has insisted that the discretion of the official in the field be circumscribed, at least to some extent." 440 U.S. at 661, 99 S. Ct. at 1400. The "grave danger of abuse of discretion" required that regulatory inspections ...

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Ebbert v. DaimlerChrysler Corporation

February 04, 2003

ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE (D.C. Civil Action No. 01-cv-0029) District Judge: Honorable Gregory M. Sleet

Before: Nygaard, Cowen and MICHEL,*fn1 Circuit Judges.

The opinion of the court was delivered by: Michel, Circuit Judge

Argued October 29, 2002

Plaintiff Cynthia A. Ebbert brought an action against her former employer, DaimlerChrysler Corp., alleging that DaimlerChrysler failed to reasonably accommodate her spinal cord injury in violation of the Americans with Disabilities Act of 1990, 42 U.S.C. SS 12101 (2000) et seq. ("ADA"). The District Court granted summary judgment to the defendant on the ground that Ebbert's complaint was untimely filed. Ebbert v. DaimlerChrysler Corp. , 192 F. Supp. 2d 303 (D. Del. 2002). The District Court based its decision on both the lapse of time and finding her ineligible for equitable tolling. Id. at 309. Ebbert's appeal focuses on two District Court findings: (1) that she had actual notice of the dismissal of her case by the Equal Employment Opportunity Commission ("EEOC"); and (2) that the statute of limitations period was started by oral notice before October 16, 2000 even though she did not receive any of the dismissal and notice letters sent to her by the EEOC until that date. The District Court concluded that telephone calls Ebbert had with EEOC staff gave her actual notice of the requisite statute of limitations information by August 2000 and because she had actual notice, the 90-day statute of limitations period for filing her ADA claim in federal court had long since expired by January 16, 2001 when she did finally file. Ebbert contends that her pre-October notice was factually deficient and, in any event, that the District Court's interpretation of sufficient notice is erroneous as contrary to the EEOC's regulations. Ebbert and the EEOC, as amicus in this appeal,*fn2 both argue that this court must defer to the EEOC's understanding of the event that commences the limitations period, namely, receipt of a letter of notice. Ebbert also maintains that she was entitled to rely on the prior oral and written instructions of the EEOC telling her to wait for the letter. Thus, according to her, the limitations period could only have started when the letter was received.

This appeal presents the question of what constitutes sufficient notice under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. S 2000e-5(f)(1) (2000), to start the 90-day limitations period. The District Court found that there was no genuine issue of material fact that Ebbert had actual notice not later than her August 2000 phone discussions with EEOC staff. We hold, however, that on the summary judgment record, DaimlerChrysler did not meet its burden of proving the absence of a genuine dispute of fact respecting proper notice. Missing from the defendant's evidence was any indication that Ebbert was told in the phone conversation of August 2000 that the 90-day limitations period was started by the phone call, as opposed to receipt of a letter of notice subsequently sent. Thus, we must conclude the District Court erroneously granted summary judgment. The judgment of the District Court will be reversed and the case remanded.

I. Facts and Procedural History

Ebbert was employed by DaimlerChrysler at an assembly plant as an apprentice pipefitter. On September 7, 1995, Ebbert was injured in a motor vehicle accident. Her spinal cord injury caused complete paralysis from the waist down. She maintains that she requested an accommodation from DaimlerChrysler so that she could continue working for the company in some capacity and was refused.

On April 28, 1997, Ebbert filed a charge of disability discrimination with the EEOC. On February 24, 1998, she informed the EEOC that she had moved and gave her new mailing address. On March 17, 1999 she received, at her new address, a letter from EEOC Supervisory Investigator, Howard Gurmankin, informing her that the EEOC was going to dismiss her case and that "the Dismissal and Notice of Rights" which the EEOC would be sending to her would "allow" her to file a private suit if she wished. Ebbert telephoned in response and was told that the follow-up letter was in the mail. A "right to sue" letter may have been sent to Ebbert's former address instead of her current address but it is not clear.*fn3 In any event, Ebbert denies ever receiving the letter and there is no undisputed evidence that she did. After waiting a month, Ebbert telephoned the EEOC again and was told that the earlier letter had been premature and the EEOC had decided to reopen her case.

Then after further investigation, the EEOC again decided to dismiss her case. The case log shows that Investigator Karin Porter told Ebbert on September 21, 1999 that the charge would be dismissed.*fn4 On November 4, 1999 the EEOC issued Ebbert a second notice letter but mailed the letter to her former address. Ebbert again denies having received this second letter and there is again no direct or undisputed proof that she did. On August 14, 2000 Ebbert sent a letter to Porter requesting a status update and shortly thereafter Porter informed her by telephone that her case was closed and that the letter had been sent some time ago. Ebbert recounted the phone conversation in her letter to Porter of August 23, 2000. On October 16, 2000 the EEOC sent Ebbert a third notice, this time to the correct address, and Ebbert instituted this lawsuit on January 16, 2001.

Ebbert testified at her deposition that she was aware that "after you receive [the notice letter], you've got 90 days" but was not sure who told her that. The trial court said that "[a]s best [sic] can be discerned from the record and the parties' briefs, this conversation [about the statute of limitations] appears to have occurred at some point during 1999." Ebbert, 192 F. Supp. 2d at 305 n.2. The trial court found that for purposes of summary judgment Ebbert had not received any notice letter before October 16, 2000 but concluded that Ebbert had other, actual notice before October 16, 2000.

The trial court also addressed her claim to equitable tolling. The trial court found that Ebbert was not diligent in pursuing her claim and concluded that, if nothing else, would prevent the court from allowing equitable tolling. The determination that Ebbert was not diligent was based on the finding that Ebbert "showed little concern for her case between approximately October 10, 1999 and August 2000." Id. at 308. The court also concluded that precedent showed it did not matter whether EEOC personnel misled the appellant into thinking that she had 90 days upon receipt of the notice letter, because a third party should not be able to destroy a defendant's immunity from untimely litigation. Id. at 309.

Finally, the trial court also concluded that Ebbert's argument that the October 16, 2000 "right to sue" letter "rescinded" the earlier letters had no merit because the EEOC regulations require other, specific actions in order for such letters to be revoked. As those actions were not taken in this case, the District Court concluded it does not matter that Gurmankin stated that the third letter rescinded the previous letters.

II. Standard of Review

We exercise plenary review of the District Court's decision to grant summary judgment. See Gray v. York Newspapers, Inc., 957 F.2d 1070, 1078 (3d Cir. 1992). Summary judgment is proper if there is no genuine issue of material fact and if, viewing the facts in the light most favorable to the non-moving party, the moving party is entitled to judgment as a matter of law. See F.R.C.P. 56(c); Celotex Corp. v. Catrett, 477 U.S. 317 (1986).

III. Discussion

If the employer in an ADA case asserts an affirmative defense, like the expiration of the statute of limitations as DaimlerChrysler did in this case, then the burden of proof for that defense rests solely on the employer. See Williams v. Runyon, 130 F.3d 568, 573 (3d. Cir. 1997) (holding that the defendant has the burden of proof regarding its affirmative defenses in Title VII actions). Proof of the expiration of the statute of limitations clearly requires proof of the lawful start date for the limitations period. It is with respect to this detail that we hold that DaimlerChrysler did not meet its summary judgment burden and, therefore, the trial court's grant of summary judgment constituted reversible error.

For ADA discrimination claims like the one Ebbert has brought, 42 U.S.C. S 2000e-5(f)(1)*fn5 requires that upon dismissal of a charge, the EEOC shall "notify the person aggrieved and within ninety days after the giving of such notice a civil action may be brought."*fn6 Thus, the statute is clear that a dismissal by the EEOC followed by notice to the person aggrieved are the two events that together start the statute of limitations period. These are, therefore, ...

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The Philippine interior secretary says officials expect "a very high number of fatalities" from one of the strongest typhoons on record. He describes the damage in the city of Tacloban as "really horrific."

The Philippine Red Cross says its field staff in the region estimated the toll was about 1,000.

Civil aviation authorities in Tacloban, about 360 miles southeast of Manila, reported that the seaside airport terminal was "ruined." U.S. Marine Col. Mike Wylie says military planes could still land with relief aid.

Secretary of State John Kerry says America "stands ready to help."

Waiting For Word In New Jersey

Filipionos who live in Jersey City. Woodbridge, Edison, Piscataway, Belleville, Union Township and Bloomfield are watching coverage on television, horrified at the damage as they await word from their family and friends. “We don’t know anything, but we’ve heard it’s bad,” Angelina Ferrer of Jersey City told the Star-Ledger.

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Heading For Vietnam

The typhoon's sustained winds weakened Saturday to 163 kph (101 mph) with stronger gusts as it blew farther away from the Philippines toward Vietnam.

Vietnamese authorities in four central provinces began evacuating more than 500,000 people from high risk areas to government buildings, schools and other concrete homes able to withstand strong winds.

"The evacuation is being conducted with urgency," disaster official Nguyen Thi Yen Linh said from central Danang City, where some 76,000 were being moved to safety.

Bureau of Fire Protection volunteers pack relief goods bound for hard-hit areas of the southern Philippines at a government warehouse in Manila (Dondi Tawatao/Getty Images)

Hundreds of thousands of others were being taken to shelters in the provinces of Quang Ngai, Quang Nam and Thua Thien Hue. Schools were closed and two deputy prime ministers were sent to the region to direct the preparations.

The typhoon was forecast to make landfall in Vietnam at around 10 a.m. Sunday between Danang and Quang Ngai and move northwest.

The Associated Press contributed to this report


text:
End of year statement from NLA

Date: 22, December 2016
It has been promised for a long time but now it should be coming! I am not talking about Christmas - which arrives with a certain reliability on December 24; I am talking about the long promised proposals from the Commission on revision of the rules for doing road transport in the EU.

We have been preparing and discussing for a long time – 2-3 years or more. In fact it was quite early after the existing rules entered into force that it became clear something was wrong. NLA and its member associations called already in Spring 2012 for use of the emergency procedure provided for in the legislation – a suspension of cabotage in the Nordic countries because the impact of cabotage was ruining the national road transport market.

It did not happen – it seems the emergency clause in the EU rules is only for show and not to be used – but what did happen, was that the Nordics have set the priorities for the EU. Since then we and the EU have not looked back. The issues being discussed in the EU are the issues on the Nordic agenda: more fair rules for cabotage and market access, better controls, fight against letterbox companies, better rules and better use of the rules for driving and rest time, a more fair market for transport with vehicles below 3,5 tons and of course a more efficient and effective framework for running a road transport business.

These are the proposals we will see coming the next 6 months, as well as changes to the rules on training, the rules on road charging and the rules on combined transport.

On top of this we are already dealing with proposals regarding climate and CO2, where the Nordic road transport industry is expected to deliver reductions that are close to impossible. Impossible also because our ways of reaching the reductions – longer, heavier trucks as well as for instance biofuels – are ways that are regarded critically in the EU.

Its never good to reach your peak too early. Sportsmen and lobbyist share this knowledge. We will need a lot of strength and effort in the coming years for when the proposals from the Commission arrive and for the discussions between Member States and the European Parliament. But we have the strength and the resources to stay on peak. Once again the Nordic cooperation will show its true value. Four associations from the Nordic countries working together for the best results in Bruxelles can only be the best way to use our resources and to fight for our gains.

NLA wishes you the best of Christmases and a very Happy New Year.


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