text:
BOSTON TELECOMMUNICATIONS GROUP INC v. WOOD
United States Court of Appeals,Ninth Circuit.
BOSTON TELECOMMUNICATIONS GROUP, INC.; Roderick Marshall, Plaintiffs-Appellants, v. Robert WOOD, Defendant-Appellee.
No. 08-16358.
Before: J. CLIFFORD WALLACE, DAVID R. THOMPSON, and SIDNEY R. THOMAS, Circuit Judges. Steven M. Cowley, Esq., Boston, MA, for plaintiffs-appellants Boston Telecommunications Group, Inc. and Roderick Marshall. Susan K. Jamison, Esq., San Francisco, CA, for defendant-appellee Robert Wood.
Plaintiffs-appellants Boston Telecommunications Group, Inc. (BTG) and Roderick Marshall (collectively, Marshall) appeal from the judgment of dismissal of claims against defendant-appellee Robert Wood arising out of an allegedly fraudulent business venture. The district court dismissed the action on forum non conveniens grounds. We have jurisdiction over Marshall's appeal pursuant to 28 U.S.C. § 1291, and we reverse.
The following are facts as alleged in Marshall's first amended complaint, except where otherwise stated. In late 1995 and early 1996, Marshall, a United States citizen, was living and working in Bratislava, Slovakia, providing legal services to various Slovak entities. During much of this time, he shared office space with Deloitte & Touche Slovakia, s.r.o. (Deloitte Slovakia), an entity providing consulting, auditing and other professional services. Marshall became acquainted with another American citizen, Robert Wood, who was then managing partner of Deloitte Slovakia.
Around April 1996, Wood began soliciting Marshall to invest in a business venture being pursued by a Deloitte Slovakia client, Global Cable Systems, Inc. (GCS), a Canadian company. Wood told Marshall that GCS was planning to acquire two Bulgarian cable television companies (the Bulgarian Venture), but needed funds to consummate the purchases. Wood further represented that GCS had signed a joint venture agreement (the Joint Venture) with a handful of other companies (United & Phillips Communications BV, itself a joint venture between an American company and a subsidiary of a Dutch company; Tevel Israel International Communications, Ltd., an Israeli corporation; and Bezeq Israel Telecommunications Company, Ltd., another Israeli company) pursuant to which those companies would pay GCS for the Bulgarian cable television companies.
Wood told Marshall that Deloitte Slovakia was assisting GCS with certain tasks related to the acquisition, but that financing for GCS's purchase of the Bulgarian cable television companies had fallen through and without a replacement investor, Wood might lose his job. Wood told Marshall that if Marshall invested $250,000 in the Bulgarian Venture, Deloitte Slovakia would give Marshall business referrals, offer Marshall future partnership in Deloitte Slovakia, guarantee the value of the Bulgarian Venture, and loan Marshall the amount of his investment. Wood provided various documents related to the Bulgarian Venture, including a valuation report prepared for GCS by Deloitte Slovakia (the Deloitte Valuation) and a copy of the signed Joint Venture agreement.
Initial discussions between Wood and Marshall apparently took place in Slovakia, and another meeting was held in Israel, attended by Wood, Marshall, GCS's chief executive officer George Mainas, and others, to discuss certain aspects of the proposed transactions. On Mainas's invitation, Marshall and Wood traveled to Vancouver and San Francisco to negotiate Marshall's investment. Mainas lived and worked in the San Francisco area and GCS was based in Vancouver. In opposition to Wood's renewed motion to dismiss on grounds of forum non conveniens, Marshall alleged that GCS was operated, in substantial part, from Mainas's offices in California. At these meetings in June 1996, Wood "reiterated" his previous representations, and in reliance on these and other representations, Marshall agreed to invest $250,000. In order to carry out the contemplated transactions, Marshall formed plaintiff BTG, which would enter into a partnership (the Partnership) with a subsidiary of GCS.
Upon their return to Slovakia, Marshall and Wood arranged for financing, through a Slovakian bank, of Marshall's $250,000 investment. During the Summer of 1996, Marshall and Avraham Zimmerman, a shareholder of GCS, engaged in various negotiations on behalf of the Partnership for the purchase of the Bulgarian cable television companies. By late August 1996, Marshall believed that the Partnership agreement had been finalized, that one of the target Bulgarian cable television companies had been purchased, and that an agreement had been reached with the seller as to the other one.
In September 1996, at Mainas's invitation, Marshall returned to Vancouver for a GCS meeting. Mainas asked Marshall for an additional investment, allegedly because the Bulgarian Venture was undervalued and it would appear to GCS shareholders that Mainas had sold half of GCS's business opportunity to Marshall at a fraction of its value. Mainas, Wood, Marshall and Zimmerman then traveled to San Francisco and, over the course of about three days, negotiated an arrangement pursuant to which BTG would invest an additional $250,000 in the Partnership. During these negotiations, Wood repeated many of the same representations he had already made. Based on those representations, Marshall agreed to invest the additional funds, and subsequently obtained financing for that investment through the same Slovakian bank.
By July 1997, however, Marshall learned that Mainas, GCS and its subsidiary had not taken certain necessary steps to complete the purchases of the two Bulgarian cable television companies. Marshall threatened litigation against GCS, but Wood continued, throughout the rest of 1997 and early 1998, to reassure Marshall that the necessary steps would be taken and that in any event, Marshall's investment was protected because Deloitte Slovakia had guaranteed it. In the Spring of 1999, Wood was transferred to a job in Yugoslavia with a different Deloitte entity, but the parties continued to communicate by telephone. Wood also continued to represent that he and Deloitte Slovakia were working toward completing the Bulgarian Venture. In reliance on Wood's representations, Marshall did not sue GCS.
In 2000, Wood returned to Deloitte Slovakia. Wood's subsequent conduct led Marshall to believe that Wood was trying to intimidate him, so that he would not seek to enforce Deloitte Slovakia's guarantee of his investment or investigate the matter further. By the end of 2002, Marshall obtained information that caused him to conclude that Wood had knowingly or recklessly made a number of fundamental factual misrepresentations, including: that some of the documentation Marshall had received in connection with his investment was fraudulent; that the Joint Venture had been dissolved long before Wood convinced Marshall to invest; that the Joint Venture agreement contained a forged signature or had been terminated at the time Wood convinced Marshall to invest; that Wood, Mainas and others had acted to deceive Marshall for their own benefit; and that Deloitte Slovakia had never intended to guarantee Marshall's investment.
In December 2002, Marshall filed an action in the Northern District of California against Wood, Mainas, GCS (under the name "Consolidated Global Cable Systems, Inc."), and "Deloitte Touche Tohmatsu," which he characterized as a Swiss Verein with a United States headquarters and operations in approximately 90 countries, including Slovakia, through its "affiliate and agent" Deloitte Slovakia. The complaint was amended in March 2003 to add Deloitte Slovakia and a handful of other Deloitte-related entities as defendants.
The defendants moved to dismiss the complaint on several grounds. Wood moved for dismissal pursuant to Federal Rule of Civil Procedure 12(b)(5), arguing that he had not been served properly. The Deloitte entities moved to dismiss for lack of personal jurisdiction, and Wood later attempted to "join" those motions. Mainas and GCS moved to dismiss on the grounds that there was a mandatory arbitration clause in the Partnership agreement between GCS and BTG. All defendants moved to dismiss on forum non conveniens grounds.
In 2003, the district court dismissed the claims against Mainas and GCS in favor of arbitration, and in 2004 dismissed the claims against the Deloitte entities and Wood for lack of personal jurisdiction. Having dismissed all claims, the district court did not address the forum non conveniens issue.
Marshall appealed and we affirmed the dismissals of Mainas, GCS and the Deloitte entities, but reversed the dismissal of Wood, reasoning that Wood had waived any personal jurisdiction defense by failing to raise it at the same time he brought his Rule 12(b)(5) motion. The case was remanded to the district court, with Wood the sole remaining defendant.
On remand, Wood renewed his motion to dismiss on forum non conveniens grounds. Marshall opposed that motion. The district court granted Wood's motion to dismiss on the conditions that (1) the courts of Slovakia accept the parties' agreement to toll the statute of limitations and (2) Wood accept service of process in Slovakia. Marshall now appeals.
We have held that a district court considering a motion for dismissal on the ground of forum non conveniens must decide
whether defendants have made a clear showing of facts which establish such oppression and vexation of a defendant as to be out of proportion to plaintiff's convenience, which may be shown to be slight or nonexistent. Forum non conveniens is an exceptional tool to be employed sparingly, not a doctrine that compels plaintiffs to choose the optimal forum for their claim.
Dole Food Co. v. Watts, 303 F.3d 1104, 1118 (9th Cir.2002) (internal quotation marks, citations and alterations omitted).
A party seeking dismissal of an action on forum non conveniens grounds "must show two things: (1) the existence of an adequate alternative forum, and (2) that the balance of private and public interest factors favors dismissal." Loya v. Starwood Hotels & Resorts Worldwide, Inc., 583 F.3d 656, 664 (9th Cir.2009) (internal quotation marks and citation omitted). Here, Marshall does not question the district court's determination that Slovakia provides "an adequate alternative forum" for the case, and thus we will not address that portion of the district court's ruling.
Marshall urges, instead, that the district court incorrectly concluded that the balance of relevant private and public interest factors favored dismissal. In weighing the relevant private and public interest factors, "[o]rdinarily, a plaintiff's choice of forum will not be disturbed unless the 'private interest' and the 'public interest' factors strongly favor trial in a foreign country." Lueck v. Sundstrand Corp., 236 F.3d 1137, 1145 (9th Cir.2001).
We review the district court's dismissal in this action with the understanding that a determination of forum non conveniens "is committed to the sound discretion of the trial court" and "may be reversed only when there has been a clear abuse of discretion; where the court has considered all relevant public and private interest factors, and where its balancing of these factors is reasonable, its decision deserves substantial deference." Creative Tech., Ltd. v. Aztech Sys. Pte., Ltd., 61 F.3d 696, 699 (9th Cir.1995) (internal quotation marks and citation omitted); see also Piper Aircraft Co. v. Reyno, 454 U.S. 235, 257, 102 S.Ct. 252, 70 L.Ed.2d 419 (1981).
We turn first to the private interest factors at issue in this case. The private interest factors to be weighed in a forum non conveniens inquiry are:
(1) the residence of the parties and the witnesses; (2) the forum's convenience to the litigants; (3) access to physical evidence and other sources of proof; (4) whether unwilling witnesses can be compelled to testify; (5) the cost of bringing witnesses to trial; (6) the enforceability of the judgment; and (7) all other practical problems that make trial of a case easy, expeditious and inexpensive.
Lueck, 236 F.3d at 1145(internal quotation marks and citations omitted).
With regard to the residence of the parties, BTG is a Delaware corporation with its principal place of business in Massachusetts; Marshall is a United States citizen who resides in New Hampshire; and Wood is a United States citizen. In 2003, in support of his initial motion to dismiss on forum non conveniens grounds, Wood averred that he had been working in Eastern Europe, particularly in Bratislava, since 1992. In February 2008, in support of his renewed motion to dismiss on forum non conveniens grounds, Wood stated that he was living in Albania and that his wife and children, although living in North Carolina, intended to move to Slovakia later that year. Wood averred he would divide his time between Slovakia and Albania after his family's relocation.
The district court held that the private interest factor of the parties' residences was neutral because the parties resided in neither of the potential forums (California or Slovakia). Marshall argues that the district court failed to give proper deference to his choice of forum. Although California is not Marshall's "home" forum, as he is a New Hampshire resident, Marshall is a United States citizen and resident suing in a United States forum. In that sense, Marshall asserts, he is suing in his "home" forum.
We have held that the mere "presence of American plaintiffs ․ is not in and of itself sufficient to bar a district court from dismissing a case on the ground of forum non conveniens." Cheng v. Boeing Co., 708 F.2d 1406, 1411 (9th Cir.1983). Moreover, in Gemini Capital Group, Inc. v. Yap Fishing Corp., 150 F.3d 1088 (9th Cir.1998) (Gemini Capital ), we held that a United States citizen's decision to sue in Hawaii, even though he was not a Hawaii resident, was properly accorded less deference than if Hawaii had been his true "home" forum. Id. at 1090-91; see also Contact Lumber Co. v. P.T. Moges Shipping Co., 918 F.2d 1446, 1449(9th Cir.1990). Even if Marshall's choice of forum was due "less" deference than if he had been a California resident, Gemini Capital did not disturb our earlier admonitions that, "where the plaintiff is a United States citizen, the defendant must satisfy a heavy burden of proof," Lueck, 236 F.3d at 1143, and that " 'unless the balance is strongly in favor of the defendant, the plaintiff's choice of forum should rarely be disturbed.' " Gates Learjet Corp. v. Jensen, 743 F.2d 1325, 1334-35 (9th Cir.1984), quoting Manu Int'l, S.A. v. Avon Prods., Inc., 641 F.2d 62, 65 (2d Cir.1981). Gemini Capital did not hold that an American citizen suing in a state other than his state of residence deserves no more deference than a truly "foreign" plaintiff (i.e., someone who is not a United States citizen or resident). Indeed, even as to such quintessentially foreign plaintiffs, it is clear that "less deference is not the same thing as no deference." Ravelo Monegro v. Rosa, 211 F.3d 509, 514 (9th Cir.2000).
Here, the district court acknowledged that it had an obligation to afford Marshall's choice of forum "the deference it is due," but proceeded to hold that the private interest factor of the parties' residences was neutral. Although Marshall would stand in a stronger position were he a California resident, Marshall is a citizen and resident of the United States and his choice of forum is therefore entitled to more deference than that shown by the district court.
Turning to the next private interest factor, the forum's convenience to the litigants, Wood argued that defending an action in California would be "extraordinarily burdensome and expensive" for him given the difficulty communicating or meeting with his legal counsel, the expense and time required to travel between Europe and California, and the possibility that he may have to retain two sets of counsel. These same considerations would apply, however, if Marshall were to bring his case in Slovakia. The district court properly concluded that this factor was neutral.
We next compare the ease of access to physical evidence and other sources of proof if this case is litigated in California versus Slovakia. Wood argues that he has no control over the documents that he intends to use in his defense, because those documents are in the custody of Deloitte Slovakia, which no longer employs him. Wood also asserts that his defense requires access to documents located in Slovakia or nearby European countries, such as documents allegedly held by other Deloitte entities and by the Slovakian bank that provided financing to Marshall.
But if this case proceeds in California, Wood may seek these documents through procedures for international third-party discovery, such as those under the Hague Convention on Taking of Evidence Abroad in Civil or Commercial Matters, 23 U.S.T. 2555 (1968). "Any court ․ will necessarily face some difficulty in securing evidence from abroad," but these complications do not necessarily justify dismissal. Tuazon v. R.J. Reynolds Tobacco Co., 433 F.3d 1163, 1181(9th Cir.2006). Moreover, Marshall points out that many of the documents to which Wood refers were prepared by Deloitte Slovakia on behalf of its client, GCS. It is reasonable to assume that many of such documents exist in the files of GCS or its CEO, Mainas, who is a California resident. Although GCS was incorporated in Canada, Marshall alleges that GCS's business was effectively operated from Mainas's California offices. Other key documents are in Marshall's custody, including the documents given to Marshall containing representations about the transaction; these documents may be obtained wherever Marshall's action proceeds. Other documents pertaining to the Joint Venture-relevant to Marshall's claims that Wood misrepresented the status of the Joint Venture-are likely in the custody of the other purported parties to the Joint Venture. Those companies, according to Marshall, were based in Colorado, the Netherlands and Israel. The difficulty of obtaining those documents for a lawsuit in Slovakia is likely to be equal to, or perhaps even greater than, the difficulty of obtaining them for purposes of an action in California. Overall, Wood has not made a strong showing that this private interest factor favors dismissal. The comparative difficulties presented by litigation in either of the two potential jurisdictions are, at best, in equipoise.
The next private interest factor to be weighed deals with the potential witnesses in the case. Here, we look to where witnesses reside, whether unwilling witnesses can be compelled to testify, and the cost of bringing witnesses to trial. For efficiency, we will consolidate our discussion of all of the private interest factors related to witnesses-the first, fourth and fifth factors outlined in Lueck.
Marshall argues that "the two most important non-party witnesses" are George Mainas and Avraham Zimmerman, who attended the California meetings at which Wood allegedly made the fraudulent representations to Marshall. Mainas is a California resident and could be compelled to testify in a California court. Zimmerman is a resident of Israel. Zimmerman submitted a declaration to the district court stating that he would not testify in Slovakia, out of fear for his physical safety, but that he would travel to California to testify voluntarily in this case.
Marshall also lists other key witnesses: (1) representatives of the United States and Israeli corporations involved in the Joint Venture, who are believed to be located in Colorado or Israel; (2) Stuart Rogers, a board member of GCS, who Marshall believes has knowledge of the misrepresentations made by Wood, has knowledge of the "true nature" of the Bulgarian Venture, and who "lives somewhere in Western Canada or the Western United States"; (3) Christopher Ashby, a Deloitte employee who is alleged to have witnessed discussions regarding the Bulgarian cable companies, to have assisted in drafting the Deloitte Valuation, to have knowledge of Deloitte's role in the contemplated transactions and Wood's representations regarding the same, and who is believed to reside in California; and (4) George Miklas, a California resident whom Marshall says has knowledge of actions taken by GCS and Wood during the parties' course of dealing with Marshall.
For his part, Wood argues that at least fifteen witnesses who had either knowledge of the Bulgarian Venture or knowledge of Wood's character are located in Slovakia or "other nearby Central European countries."
The district court held that, because both sides "would be required to rely on procedures under the Hague Convention to obtain evidence" from at least some witnesses, and because "both sides would benefit from live testimony that would enable a factfinder to evaluate [witnesses'] demeanor," this private interest factor did not favor either party. The court also concluded that, because there was insufficient evidence regarding lodging and travel costs related to the two forums and because some witnesses would need to travel to court in either forum, the factor of the cost of bringing witnesses to trial was also neutral. The district court acknowledged that it had difficulty with this analysis, however, given that the parties provided much information that was either hearsay or insufficient to allow the court to understand fully why the various witnesses were important to the case.
The district court properly considered both the sources of proof that the plaintiff intended to use to present his case, and the proof that the defendant intended to use to defend himself. See Lockman Found. v. Evangelical Alliance Mission, 930 F.2d 764, 769-70 (9th Cir.1991). The district court also appropriately pointed out that, in the context of allegations of fraud, it is particularly "desirable that the factfinder have the benefit of demeanor testimony of witnesses." Id. at 770, quoting Fustok v. Banque Populaire Suisse, 546 F.Supp. 506, 511 (S.D.N.Y.1982). Nevertheless, we have cautioned that the focus for this private interest analysis "should not rest on the number of witnesses ․ in each locale" but rather the court "should evaluate the materiality and importance of the anticipated ․ witnesses' testimony and then determine their accessibility and convenience to the forum." Lueck, 236 F.3d at 1146(internal quotation marks, citations and alteration omitted).
The record reflects that Marshall explained with specificity how several of the witnesses who could testify in California were important to his claims against Wood, and which witnesses were most vital to his case. In contrast, Wood argued, in conclusory fashion, that the various Slovakia or Europe-based witnesses "worked with and under him ․ on the professional engagements for [GCS]," "understood the relationship between him and Marshall," and "could help defend his professional, reputation for honesty, and character," without explaining who these witnesses were or what information each would have. Wood's declaration in support of the 2003 motion to dismiss on forum non conveniens grounds speaks to the witnesses "identified by plaintiffs in their Initial Disclosures ․ and information that plaintiffs allege the witnesses possess" (emphasis added), but sheds no further light on the relative importance of various witnesses to his defense. Similarly, Wood's supplemental disclosures, filed in April 2008, listed witnesses with a general statement that they were "expected to have relevant knowledge and information" regarding a long list of topics, but these disclosures failed to specify which witnesses would testify as to each topic.
This is a case in which witnesses are scattered around the globe. Whether the case is tried in Slovakia or California, both parties will likely be forced to depend on deposition testimony in lieu of live testimony for at least some witnesses. Wood, in asking for the extraordinary measure of dismissal on forum non conveniens grounds, needed to provide not simply the numbers of witnesses in each locale, but information sufficient to assist the court in assessing the "materiality and importance" of each witness. Lueck, 236 F.3d at 1146; see also Gates Learjet Corp., 743 F.2d at 1335. A defendant need not specify in great detail the contents of each witness's testimony, but "must provide enough information to enable the District Court to balance the parties' interests." Piper Aircraft, 454 U.S. at 258, 102 S.Ct. 252. Here, the district court abused its discretion in holding that this private interest factor was neutral when Wood provided very little information that would have enabled the district court to understand why various witnesses were material to his defense. Moreover, although Wood stressed the need to present witnesses who worked on the Deloitte Valuation, his counsel acknowledged at oral argument that Marshall's fraud claims relating to the Deloitte Valuation are only one theory of fraud in this case. Marshall alleges fraud based not only on documents allegedly prepared by Deloitte, but also on Wood's alleged oral representations to Marshall on a wide variety of topics. On balance, the private interest factors relating to witnesses weigh against dismissal.
Neither party has argued that there would be any problem enforcing a judgment in either forum, and thus the district court properly concluded that the sixth public interest factor was neutral.
Finally, we consider any other "practical problems that make trial of a case easy, expeditious and inexpensive." Wood asserts that "[m]any, but by no means all, of the documents regarding the [GCS] venture into Bulgarian cable systems ․ were written in English." He stated in a declaration that "many other" relevant documents were not in English, including "[m]any records issued or maintained by the Deloitte Slovakia office," "[d]ocuments regarding the cable licenses," and "correspondence with potential lenders," which were in Slovak, Bulgarian, or Dutch and would therefore need to be translated if the case were to proceed in an American court. However, it is equally true that the numerous documents in languages other than Slovak would need to be translated for a Slovakian court. Similarly, evidence was before the district court that many potential witnesses were fluent in English, but some were fluent in Slovak. Thus, the district court properly concluded that the inconvenience and costs of translation for live witness testimony would likely affect both parties in either forum.
The district court ultimately held, however, that this final private interest factor favored dismissal because Marshall initially sought "to hold the Deloitte Defendants'[sic] liable for fraud on the theory that Wood was acting as their agent" and Marshall "did not back off this theory at the hearing on this matter," even though the Deloitte entities had been dismissed for lack of personal jurisdiction. The district court accepted Wood's argument that this meant it would be "impossible to resolve all of the issues in this case unless the case were tried in the Slovak Republic, where those defendants are subject to jurisdiction."
It is true that "the inability to implead potential third-party defendants" can be a factor weighing in favor of dismissal in a forum non conveniens analysis. Piper Aircraft, 454 U.S. at 259, 102 S.Ct. 252. As the Supreme Court observed there, if the defendants
can show that the accident [giving rise to the plaintiffs' claims] was caused not by a design defect, but rather by the negligence of the pilot, the plane's owners, or the charter company, they will be relieved of all liability. It is true, of course, that if[the defendants] were found liable after a trial in the United States, they could institute an action for indemnity or contribution against these parties in Scotland. It would be far more convenient, however, to resolve all claims in one trial.
Id.; see also Contact Lumber, 918 F.2d at 1452(holding that "the inability to implead other parties directly involved in the controversy is a factor which weighs against the retention of jurisdiction") (internal quotation marks, citations and alteration omitted). Nevertheless, the fact that Wood may be unable to implead alleged joint tortfeasors in California is by no means determinative of the forum non conveniens inquiry; it is only one consideration weighing in favor of dismissal, but all of the other private interest factors are either neutral or weigh against dismissal.
We turn now to the five public interest factors: "(1) the local interest in the lawsuit, (2) the court's familiarity with the governing law, (3) the burden on local courts and juries, (4) congestion in the court, and (5) the costs of resolving a dispute unrelated to a particular forum." Tuazon, 433 F.3d at 1181, citing Lueck, 236 F.3d at 1147.
In this case, the district court held that the second, third and fourth factors were neutral, and Marshall expressly conceded that the district court did not abuse its discretion in so concluding. Thus, we examine only the remaining two factors, which the district court held favored dismissal.
The district court held that the connection between the parties' dispute and California was "attenuated." Although Marshall alleges that two meetings regarding his investment were held in California, the court concluded that neither meeting added any "unique statement or contribution to the overall scheme" alleged to have caused Marshall's injuries, because the representations made at those meetings had already been made to Marshall in other locations. Moreover, the district court emphasized that this case "concerns a venture to be carried out entirely in Europe, concerning the acquisition of Bulgarian cable television licenses, with financing by a Slovakian bank for a joint venture consisting of Canadian, Israeli and non-California-based United States companies." Thus, the district court held that the first public interest factor, local interest in the suit, weighed in favor of dismissal. The district court also held that, given that the case promised to be expensive to litigate, the final public interest factor, the costs of resolving a dispute unrelated to a particular forum, also weighed in favor of dismissal.
We need not hold, as Marshall urges, that "California is the principal locus" of the case or that California "has more of an interest than any other jurisdiction" in order to conclude that California has a meaningful interest in this litigation. "[W]ith this [public] interest factor, we ask only if there is an identifiable local interest in the controversy, not whether another forum also has an interest." Tuazon, 433 F.3d at 1182. Although Wood allegedly made misrepresentations both before and after the two meetings in San Francisco, he also allegedly made these representations at the San Francisco meetings. Further, Marshall alleges that it was in San Francisco that he finally agreed to invest in the ill-fated Bulgarian Venture. We do not suggest that California's interest in this controversy must somehow be unique or not shared with any other forum. Marshall's claims are rooted in a course of conduct that took place over several years and in multiple locations around the globe, including California. California has an "interest in preventing fraud from taking place within its borders" that is at least as strong as Slovakia's interest in this case. The district court abused its discretion in holding that no "identifiable local interest [exists] in this lawsuit." Compare Vivendi SA v. T-Mobile USA Inc., 586 F.3d 689, 694 (9th Cir.2009) (holding that the local interest in the case was "tenuous" where the only asserted connection to the United States was the use of "U.S. wires" in various communications between the parties).
In sum, the district court did not hold Wood to his burden of making "a clear showing of facts which establish such oppression and vexation of a defendant as to be out of proportion to plaintiff's convenience." Ravelo Monegro, 211 F.3d at 514 (internal quotation marks, citations and alterations omitted). All but one of the private and public interest factors were either neutral or weighed against dismissal. The doctrine of forum non conveniens is "an exceptional tool to be employed sparingly," id., and the district court abused its discretion in concluding that this was a proper case for application of that doctrine.
REVERSED AND REMANDED.
WALLACE, Senior Circuit Judge:


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Someday I would gladly do the same for someone else !!! Thanks guys.


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Before and After: A Zen-inspired Basement Remodel
Elisabeth Dunham
Photos by Mhari Scott
"Basement remodel" is not the phrase that comes to mind with this zen- inspired master bedroom suite. In fact, what was once a mostly unfinished basement is now a quite luxurious spa-like retreat.
Desia Graybill of Atomic Design and contractor Sean Fields of SageFields Construction worked together to complete the trans- formation. The husband-and-wife clients travel frequently and wanted a haven that was as luxurious as some of the hotels they visit.
"This master suite design is a true reflection of the homeowners' lifestyle and personalities," says Atomic Design's Graybill. "Through a collaborative effort, we were able to reinvent this once drab basement remodel into the suite of their dreams that strikes a perfect balance between high-end style and reclaimed design. We couldn't be happier with the outcome."
Atomic Design specializes in the restoration of vintage and mid-century homes in the greater Portland area. All designs are a client-designer collaboration with an emphasis on sustainability, practicality and intelligent design that reflects the homeowner's character and lifestyle.
"We offer full-circle design, from concept to construction documents, to ensure that our clients are getting the remodel of their dreams at a budget they can afford," Graybill explains.
In this case, the "before" space was like many partially finished basements in this Northeast Portland neighborhood: a less-than-charming space containing, among other things, a nondescript laundry, a workout zone with gym equipment, an old bathroom and storage.
"It was a Home Depot special done in the 1980s with a dropped ceiling in the living space and stairs that were closed off," Graybill says. "But it was a really great structure, and that became the inspiration for the whole remodel."
Among the lovable features was the ceiling, made up of exposed 4-by-10 ceiling joists that are also the floor joists for the upstairs footprint, she says.
So Atomic Design set about to highlight structural elements that were appealing and conceal less desirable features. Among other things, the crew sanded the ceilings to give it a smooth surface, then applied lacquer to bring out the grain of the wood.
Workers then tucked the electrical and mechanical details up into the joists, concealing them in conduit metal pipes, which were then spray-painted a flat black.
The Chinese "five elements" of wood, fire, earth, metal and water became something of a guiding principle for the design of the new remodel, according to Graybill.
"The couple own a travel agency and travel a lot," Graybill says. "They spend time in motels and hotels and wanted to create their own luxurious and soothing master suite at home."
Both work out of the 2,000-square-foot home. Upstairs is a kitchen and two bedrooms that they use as offices—so the basement boudoir is now their retreat, complete with a master bedroom, a closet, a living area with a fireplace and a bathroom. Keying off the earth elements, Fields accented the brick around the fireplace by leaving it "exposed and rough," and using reclaimed lumber to build a drop-down soffit with directional puck lights that shine on the mantel, which he built from 4-inch-thick live edge Doug fir that juts out about 12 inches from the wall at its widest spot.
Using reclaimed lumber was important to the homeowners, who liked the environmental and aesthetic aspects of salvaged wood. "It's all Doug fir," Fields explains. "When we started the project, the entire basement had this wonderful post and beam construction in the ceiling. It's not usual that you get this type of sub-floor construction to work with—and use as a soffit—so it was fun to clean it all up and give a light sand and a quarter-inch round over to all the beams to soften the edges. We then used the Doug fir throughout."
Salvaged wood for the accent wall, mantel, shelving and tub faucet shelving came from Salvage Works. The staircase guardrail is made from fir that was torn out of the basement during demo.
"I love the concept of using salvaged lumber and the look of the finished product. Not only are you using material for the sake of conservancy—but it has history and rich colors after it is lacquered—the deep tannins of rust from nails, exhaust from vehicles, and even bug and rot damage."
Some of Fields' favorite elements include the shelf for the tub's faucet in the master bath and the barn-style sliding doors that divide the staircase area from the bedroom.
"We used a faucet that was compatible with the detail, which meant the faucet came straight out of the slab of wood," he explains.
As for the barn-style doors: "The clients really liked the look of the sliding barn doors they had seen online. I thought it would be a nice complement to add the reclaimed wood doors along with the dark bronze hardware, so I built them both from scratch."
http://www.atomicdesignpdx.com/
http://www.sagefieldsconstruction.com/
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How-to: Make an Old Door New Again
The Evolution of Urban Farming

redpajama_set_name: RedPajamaCommonCrawl


As the semester draws to a close, I look back on the events that have happened with joy, yet a bit of sadness that yet another year has flown by so quickly. It has been a great honor to be on the editorial staff of The Beggar Blade working with a group of wonderfully talented student writers. I want to thank everyone who has taken the time to write articles in the past. Your contributions make The Beggar Blade what it is.
Even though the future of Providence, and therefore The Beggar Blade, is uncertain, it is my belief that a student run newspaper is an important tool for students to gain writing experience, express their voice, and interact with the school and surrounding community. I hope to see some form of a news outlet for students continue next year even as changes develop.
As always, student feedback is extremely valuable in shaping future years of our school newspaper. Notes and Asides Editor, Marissa Branson, has put together a short survey so that students can directly give feedback regarding the content of the website. Please take a few minutes out of your hectic finals week to let us know what you like, dislike, and would like to see differently on the website. All comments will be taken into consideration as we seek to expand the newspaper and deliver information to the Providence community.
As this is the last edition of The Beggar Blade this semester, I want to leave you with a bit of encouragement from Scripture to help with finals week and the uncertainty that lies ahead for many of us.


The Taapion Records triumvirate have been pushing a brand of techno that places an emphasis on texture, structure and form since the Parisian label's inception in 2013. Using Taapion as a platform to develop as individual artists during these formative years, Adrien Ozouf aka AWB has followed up a handful of releases from label mates Shlømo and PVNV with a solo debut that further cements their place at techno's top table.
When you cite Jeff Mills and Brian Eno as influencers in the press release, you're probably out to achieve something cinematic. Luckily, it's a quality that pervades both original tracks from the offing. An immersive piece of broken techno, 'Celestial Longitude' wouldn't have been out of place under the Livity Sound banner. You may find yourself staring into empty space as the swirling ambience coagulates with dubby textures while Ozouf's entrancing sonics and a pitter-patter of steely drums tickle the synapses.
'Ecliptic' does away with the fragmented rhythms in favour of something tightly coiled and devastating. With only a hint of melody, it's left to the dramatic atmospheres and volatile drums to provide personality, but they deliver it in spades while some darkly lit pads faintly illuminate the track.
On the flipside, PVNV keeps his take on the title track shrouded in the same mist that coloured AWB's original, but that's where the similarities end. Instead the Taapion co-founder employs a more conventional, rolling rhythm, backing it up with a thicket of biting cymbals and charging drums that add steel without overwhelming. Antigone and Shlømo dull the kick drum on their remix, swapping the pummelling percussion of 'Ecliptic' for a mechanist throb. It lacks the foreboding sense of dread that Ozouf's original brings to the table, but at its heart remains the imposing backbone that proved so destructive the first time around.
Celestial Longitude will be out in 12″ format soon. Pre-order from Redeye or Delsin.


VADOSTA, Ga. – The No. 20 Georgia College golf team shot 590 after two rounds Monday, to be tied for sixth with St. Leo University in the 2014 First Federal Southeastern Collegiate, hosted by Valdosta State University at the 7,113-yard, par-72 Kinderlou Forest Golf Club. Senior Bryan Fox (Roswell, Ga.) led all players shooting a four-under par 140 through 36 holes.
The 18-team, 90-player field will finish the final round tomorrow with the Bobcats currently ahead of five top-20 schools. Fox and the host team's John Fordham had the top round with a three-under par 69, but Fox's second round score of one-under par 71 put him atop the field. Georgia College averaged a 295-team score in the first two rounds, shooting 294 in the morning and 296 in the afternoon.
Junior Ryan Trocchio (Norcross, Ga.) finished tied-35th for the day with scores of two- and three-over par 74 and 75. Senior Victor Monte's (Chantilly, Va.) first-round two-over par 74 and freshman Conner Albright's (Macon, Ga.) first-round five-over par 77 rounded out the team's first-round total.
Freshman Nicolas Falkinhoff (Buenos Aires, Argentina) factored in the second-round scoring with a four-over par 76. Both Monte and Albright are tied at 45th overall with combined seven-over par 151 totals, while Falkinhoff ended with a 155.
After two rounds, No. 1 Barry University and No. 2 Lynn University are tied for the lead at 572, while host-team Valdosta State and No. 9 Armstrong Atlantic State University are tied-third at 583. No. 12 University of North Alabama is fifth for teams currently ahead of Georgia College.
The Bobcats currently lead No. 6 University of West Florida, No. 11 Columbus State University, No. 13 Flagler College, No. 15 Florida Southern College and No. 19 Florida Institute of Technology.
The Bobcats will conclude the final round tomorrow.


text:
PP Vol.5 No.1 , January 2014
Liver Cancer: Zheng Classification of Qi Stagnation and Blood Stasis
Yongsong Guan*, Qing He
Department of Oncology, West China Hospital of Sichuan University, Chengdu, China;.
State Key Laboratory of Biotherapy, West China Medical School, Sichuan University, Chengdu, China..
Abstract: There is a long history of using traditional Chinese medicine in the treatment of liver cancer and other malignnancies. The classification of Qi stagnation and blood stasis (QSBS) is the most common Zheng in liver cancer. This Zheng is frequently encountered in liver cancers falling into the pathological category of massive type. QSBS is the principal mechanism for a tumor to develop. Liver cancer with QSBS Zheng has characteristic clinical manifestations. Evidence from ex vivo, in vivo and clinical studies has been reported for the identification and management of liver cancer with QSBS Zheng. This article reviews evidence-based study advances of QSBS Zheng, the most common Zheng encountered in liver cancer.
Keywords: Chinese Traditional Medicine; Syndrome; Liver Cancer
Cite this paper: Y. Guan and Q. He, "Liver Cancer: Zheng Classification of Qi Stagnation and Blood Stasis," Pharmacology & Pharmacy, Vol. 5 No. 1, 2014, pp. 75-82. doi: 10.4236/pp.2014.51012.
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text:
What is your PhD worth to you? (photo from sqeets.com)
Courage: How much is your PhD worth?
by Christopher Teh Boon Sung
I first met Amir (not his real name) in my office about six years ago when he told me that he wanted to do his PhD under my supervision. While I do not remember much what we discussed, I do remember being a little annoyed by his presence. Overdressed and smelling of strong cologne, Amir looked more like a rich man's spoiled son than someone committed to the long haul of a PhD endeavor.
Amir was indeed rich. He comes from an upper middle-class family, but this pales in comparison to his parents-in-law's much higher socioeconomic standing. Amir was married to the daughter of a very rich and influential man from his country.
Amir's troubles started about a year into his studies when his father-in-law wanted to stop Amir from continuing his PhD in Malaysia.
"I was recently married to his daughter," Amir explained to me, "so perhaps he wanted me to spend more time with his daughter rather than being away from her in Malaysia—but what really shocked me was the great lengths he would go into stopping my studies."
Pressured by her father, Amir's wife not only later divorced Amir but also tarnished his image by spreading false rumors about him. Amir's own business in his country was high-handedly shut down by his father-in law. Amir suddenly found himself with rapidly depleting funds.
"My own parents would not even give me any money because my father said there has never been a divorce in our family history," Amir disclosed to me. "My father wanted me to return home to save my marriage. He too wanted me to stop my studies."
Abandoned by his own parents and with no money other than his modest monthly scholarship he gets from my research funds, Amir had to take on part-time and odd jobs to help pay for his living expenses and university fees. He also had to make large changes in how he lived in Malaysia. He had to move from his large apartment to renting a simple room, from driving a car to riding an old motorbike, and from affluent to simple living. Amir now looked more simple and much less like a rich man's son.
But Amir's problems would soon exacerbate. His father-in-law may have exerted his influence to have Amir's embassy in Malaysia summoned him three times to the embassy and each time to make subtle threats to make Amir return home. Lawyers, acting like thugs, were even dispatched to Malaysia to threaten Amir with abduction if Amir did not comply with his father-in-law's wishes.
Whether these threats were real or mere scare tactics, Amir took no chances and had to seek protection from the Malaysian police. Only then did their threats rescind – but only for as long as his father-in-law to change tactics, one of which was to have the embassy write a letter to my university, incredulously requesting that my university terminate Amir's studies. This request did not work of course, as Amir had done nothing wrong in the university or in Malaysia.
Well, if Amir is reluctant to return home, his father-in-law may have thought, might as well make the boy's decision permanent.
Amir was blacklisted in his country's immigration records. This meant Amir was barred from entering his country. This carried serious consequences especially when Amir learned sometime later of the tragic deaths of his two brothers. Being blacklisted meant Amir could not attend their funerals back home in the usual manner.
Amir's story, however, has a light at the end of a very dark tunnel. Despite the difficulties he faced from his PhD research, not helped by the immense pressure from his father-in-law, Amir did complete his PhD and will graduate at the end of this year. Amir has also managed to overturn his country's blacklist of him through a legal court battle at his country. To top it off, Amir has met someone else, a new love of his life. He has already met her parents, and he tells me he would soon ask for their daughter's hand.
Pursuing a PhD degree in any university is hard. PhD students often work at the knowledge frontier, between the known and unknown. Consequently, measurement difficulties, perplexing results, limited resources and time, and unexpected equipment failures are only some of the common challenges faced by PhD students. Moreover, doing a PhD requires immense discipline, concentration, determination, and sacrifices. No one comes out the same after a PhD experience.
But for Amir, his PhD experience has not only deepen and widen his knowledge and technical skills, it has also forged him in fire, making him more resilient, independent, and determined in the face of severe adversity.
In all my years of being a research supervisor, I thought I had seen them all: the many types of stress and problems faced by postgraduate students, that is, until I met Amir. Despite my initial impression of him, I quickly found Amir intelligent, independent, and tenacious. He would surmount unexpected research problems and difficulties exemplary well and would push through with his research until completion with diligence, resilience, and enthusiasm.
I did ask Amir if getting his PhD was worth all his troubles.
"If my father-in-law had tried to persuade me to quit my studies without resorting to insults, rumors, and threats , I could have ceded to him," Amir explained, "but the more he resorted to heavy-handed tactics, the more determined I was to finish my studies."
The last time I met Amir, he thanked me for my support and patience during his troubles, but I think I should also thank him for showing me something I thought I would never learn from my students: courage.
Apr. 26, 2015 – Personal / Rants and raves / Work / education / PhD / postgraduate / university
TEOH SOO HUAT
Nov. 25, 2018 - 7:14 PM
Inspiring story. Good write up.
Christopher Teh Boon Sung Author
Thanks for your visit and comments!
Tom Yam
May. 13, 2017 - 9:49 AM
It shows how wrong first impressions can be and displays an element of prejudice to kids of rich parents.
May. 13, 2017 - 11:03 PM
Is that the only point you gleaned after reading this article?
Phillip Anderson
Sep. 13, 2016 - 11:40 PM
I read this article with rapt attention being so compelling and written in an exquisite manner.It did bring out some vicissitudes of real life well portrayed.I admire your courage in supporting Amir contrary to many superisors who are either high-handed nor egoistic and treat their scholar as subservient.
Sep. 14, 2016 - 2:41 PM
Thank you for your comments. "Amir" is now in the US.
Yu Dian
May. 13, 2015 - 5:28 PM
Our life is like a research process, we need deep thoughts and broad view, considering various factors before writing up a plan or making a decision. Sometimes, the reason(s) that hold us is/are the most unexpected, innocent looking ones. Similarly, the most impactful findings, fruitful rewards, also comes in the most unexpected ways.
I am not in the position of judging or assuming anything about Amir's family and in-law family, of course. However, the story gives me a very good message, before making a decision (be it doing a PhD, or even marrying someone, you know…), consider all factors and potential risks.
Thank you for sharing your thoughts. Problems can come in so many forms and shapes – – they can break us or shape us into a stronger person.


The Arts Theatre in London's West End welcomes the Bristol musician Cemlyn Jones to the stage. It will be an opportunity to witness a rising singer songwriter whose album "All These Dreams" introduced him to audiences nationwide. With support from PaperPlane, plus the promise of some new tracks, it is likely to be a memorable show and one that will ensure that London theatre audiences flock to his performances in the future.
Cemlyn Jones may be relatively new to many audiences but that is not to say he is new to the world of music and he has been performing for many years, whether it has been as a busker or as the headline act of shows. So he is well used to putting on a stand-out show and this should ensure that his performance at the Arts Theatre is one that audiences will want to witness whilst they can.
Cemlyn Jones performs at the Arts Theatre on Sunday 26th February 2012.


Set off to tackle the Glenshee 6 at 08.45 from the car park 2kms north of the Glenshee ski centre (fortunately dropped off so not requiring a return) in great walking conditions, high cloud, great visibility, low winds. Followed a clear path straight up the first Munro of the day, Carn Tuirc, avoiding the scree slopes by going around to the left to reach the top in 1hr 25mins.
Top of Carn Tuirc in sunshine.
With good visibility the route up the next Munro, Cairn of Claise, was via an obvious easy going track, following a dry stone wall just before the summit which I reached in 2hrs 20mins.
Munros 3 & 4 of the day, the more remote Tolmount (3hrs 10mins) & Ben Buidhe (3hrs 45m), were reached by a walk across a peaty plateau. It did take quite a few looks at my map to work out which were the Munros as both looked little more than small hills on the expansive plateau, an area which the guide books say can provide difficult navigation in poor weather.
The walk from Ben Buidhe to Munro 5 of the day, Glas Maol, required a long but easy 2 hour walk back via just below the summit of Cairn of Claise to pick up a wide track to just short of Glas Maol's summit which was reached in 5hrs 30mins.
Munro number 6 was Creag Leacach, which looked by far the most interesting of the day, requiring a walk along a very rocky but easy ridge to its summit, which was reached in 6hrs 35mins. The descent from Creag Leacach should have been via the SW top however I managed it (not planned) via a very steep path (thank God for those walking poles) before the SW top, reaching the car park 2 kms south of the ski-centre in 7hrs 45mins, glad of the fact that I didn't have a 4km road walk back to the start point.
A long but easy going walk to get 6 Munros.
Last edited by howzat on Mon Aug 01, 2011 9:42 pm, edited 2 times in total.
Nice report. We were at Glenshee today hoping to do the Cairnwell 3. Visibility was so poor first thing this morning, you couldn't even see the Ski Centre from the road. Gave up in the end and went to Loch Callater which was clear, despite being so close to there.
Well done. Glenshee 4 was more than enough for us though.
Thanks for posting, I lost my pics of exactly the same walk done in 1993, so it's good to get a wee reminder. The most memorable thing I had of my walk, was a Seiko watch I found by the path just 5 m from that first car park. The date / time function was in French. I handed it it & the cops eventually returned it to me.


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McDonald, Gregory
He wrote the Fletch series. This story takes place in the South. A studly young handsome is accused of murder. Rated R
Every Heart A Doorway
Kids who disappeared and reappeared are sent by their desperate parents to a peculiar school run by Miss Eleanor West. Really nicely written. First of a series.
The Ablative Case
McInerny, Ralph
Kinapping goes wrong. Wrong people keep getting kidnapped, and bodies keep ending up in people's cars... Book ends suddenly.
Widow's Mate
A confusing mystery of a body in a cement mixer, multiple girlfriends, and money. Who is that bearded guy in Kentucky? Who lets their kid have a trap door?
Mcmanus, Patrick
I can't believe I don't have any other books by this author on The Big List! I've read several, and many of his stories in Outdoor Life. I enjoy his comedic outdoor adventures. This is a light mystery, taking place in Idaho, as far as I can tell, the second of the Sheriff Bo Tully series. Some editing boo-boos (A character is called by the wrong name; Bo visits a crime scene that he has already visited, yet asks directions to it.). Interesting characters, but not a lot of depth. I guess I said "light mystery", didn't I!
"Those things are already killing me," Tully said. "I might as well smoke them myself."
The Blight Way
Sheriff Bo Tully investigates the murder of a man found on a fence. He meets Susan the medical examiner.
He wondered how much they paid ambulance personnel these days, that they could afford to smoke. (pg. 73)
Library Quote:
"They all had ID of some kind, Bo. You count a library card as ID, don't you?"
"It's one of the best, Ernie."
McNab, Andy
British agent Nick Stone tries to find out who BLOODILY murdered his friend in Washington, D.C.
The Book Of Ralph
McNally, John
Hank recounts his inadvertent adventures with Ralph, who is quite the character. The shenanigans run from burglary to involvement in a murder.
The author seems to have confused CB "channels" with "stations", unless this is a Chicago thing. It certainly is not in the Big Dummy's Guide To CB Radio!
"You see anything good?"
"Cassette deck, turntables, ham radio?"
"Ham radio? What's a ham radio?? (pg. 98)
"See!" she said. "It's always about you!"
I started for my bike, but I yelled behind me. "I'm me! Why shouldn't it be about me?" (pg. 158)
Snow Treasure
McSwigan, Marie
A Norse boy named Peter leads the children of their village in transporting the town's gold from the bank to a fishing boat so the Nazis don't steal it. Written in 1942, interestingly. Recommended by Tiffany.
Clear For Action!
Meader, Stephen W.
Rousing story of young Jeff Robbins who signs on a cargo schooner just before the start of the War of 1812 and pressed-ganged into service on a British warship. Good stuff!
Right as a trivet (pg. 312) -- Initially "as steady as a trivet", implying stability. In the book, "right as rain" might have fit the sentence better, though.
How Elizabeth Barrett Browning Saved My Life
Medwed, Mameve
Abby inherits a chamberpot from her mother and takes it to The Antiques Roadshow. Pretty good, chicklit?
Madeleine -- A sweet scallop-shaped cake.
Christmas Cookie Murders
Meier, Leslie
Lucy Stone lives in a small town in Maine and aggravates the local police by solving murders. Two recipes.
Janie's parents have to leave the U.S. for England in 1952 because of persecution by the government. Janie a little trouble adjusting, but then she meets an interesting boy. And THEN things get weird.
I enjoyed this story very much, and especially the observations on post-ware life in London.
I should have realized there was gonna be a sequel!
Meluch, R.M.
Last book (#4) in the U.S.S. Merrimack series. Ties things up nicely.
The Myriad
Tour of the Merrimack #1. The battleship is chasing down Hive, finds a unknown populated planet, some battle fought, the timeline is changed, black hole, blah blah.
The Sagitarius Command
Book three of the U.S.S. Merrimack series. Gosh, I didn't care for the first book and here I am on the third one! Oddly, SPQR came up in conversation (on television they were showing The Robe), Cam translated it (High school Latin pays off again!), and now I find it on page 90, among pages. Whoops, I misspelled the title!
Wolf Star
Tour of the Merrimack #2. Didn't care much for the last book, and here I am reading book two! Wept a bit at page 322. Now I gotta go walk to the library and get the next one.
A Cinderella story, except she's a cyborg, live in New Beijing a couple centuries in the future, and the Moon Queen is out to get her. Good story, sure to be a sequel.
Book Three in the Lunar Chronicles. The continuing adventures of Cinder the Cyborg and her wacky gang of misfits. Iko is my favorite character, but I forget how she became the ship so I guess I'll have to read Scarlet again.
Fairest : Levana's Story
How Levana got that way.


Maharshi Dayanand University Rohtak declared BA BSc BEd BVoc BCom MCom MSc 1st 2nd 3rd Year MDU Rohtak Result 2018 at www.mdurohtak.ac.in of 1st, 2nd, 3rd, 4th, 5th, 6th Semester. The Maharshi Dayanand University Rohtak conducted Under Graduate and Post Graduate examinations. These written exams were conducted semester wise for the session 2018-19. A large number of candidates from Haryana state attended these university examinations. Now after the exams, the university is going to declare MDU Rohtak Result. Candidates who are in seek of their marks please enter your registration number and roll number on the tab given below.
Enter your Registration number and Roll Number.
The Maharshi Dayanand University Rohtak conducts UG and PG written examinations every year. These written exams are conducted on semester/year basis. Every year a number of candidates from Haryana state enroll themselves for these written university examinations.For the session 2018-18 MDU In Rohtak conducted Semester exams.Now after the exams the university is going to declare MDU Result 2018. Candidates who are in seek of their Results please refer above link or window.
The Maharshi Dayanand University which was established in 1976, is a public state university located in Rohtak city in India. The university offers a number of Under Graduate as well as Post Graduate courses to its students. It is also accredited with 'A' grade by NAAC. MDU has 126 institutions and colleges under its banner with a total enrollment of about 170,000 students.At present Professor Bijender Kumar Punia is vice chancellor and Governor Of Haryana is Chancellor of Rohtak University.


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Yahoo Joins List of Tech Firms Challenging Travel Ban
Yahoo and Tumblr are the latest companies to file a friend-of-the-court brief to challenge Trump's executive order on immigration.
Comcast technology employees walk out of work Thursday to protest President Donald Trump's immigration order.Jessica Kourkounis / Getty Images
Feb. 6, 2017, 2:39 AM UTC / Updated Feb. 17, 2017, 4:30 PM UTC
By Jo Ling Kent and Alex Johnson
Trump loses again as travel ban dies in court
Feb. 17, 201705:31
Yahoo and Tumblr announced Friday that they had filed an amicus brief challenging President Donald Trump's executive order on immigration.
The tech companies join the likes of almost 100 firms — including Twitter, Uber, Google and Apple — who filed a friend-of-the-court brief earlier this month with a federal appeals court.
"Yahoo was founded by Jerry Yang and David Filo — two Stanford grad students, one from Taiwan and one from Louisiana — so we know firsthand that great things can happen when America welcomes the world's best and brightest," said Yahoo's General Counsel, Ron Bell, in a blog post Friday morning.
"The order effects a sudden shift in the rules governing entry into the United States, and is inflicting substantial harm on U.S. companies," the amicus curiae brief, filed to the 9th U.S. Circuit Court of Appeals in San Francisco, read. "It hinders the ability of American companies to attract great talent; increases costs imposed on business; makes it more difficult for American firms to compete in the international market- place; and gives global enterprises a new, significant incentive to build operations—and hire new employees—outside the United States."
The brief also calls the order "a significant departure from the principles of fairness and predictability that have governed the immigration system" and argues that it violates 1965 immigration legislation, signed into law by former President Lyndon Johnson, which prohibited discrimination on the basis of national origin when granting asylum to foreign travelers.
Yahoo's brief was filed in the U.S. District Court for the Eastern District of New York.
Related: Silicon Valley's Visceral Reaction to Trump's Immigration Ban
The appeals court already dealt a blow to the order when it rejected the Trump administration's request to reinstate the president's order restricting entry into the United States by travelers from seven majority Muslim countries. A federal district judge in Seattle halted implementation of the order.
Some tech giants, including Amazon and Expedia, filed briefs in connection with that case early last week, arguing that Trump's order negatively affects their businesses.
Amazon chose not to join Monday's amicus brief, referencing its participation in a lawsuit in the company's home state of Washington.
Related: Amazon Prepares a Lawsuit Opposing Trump's Immigration Order
An estimated 37.4 percent of Silicon Valley employees are foreign born, according to the 2016 Silicon Valley Index (PDF) released by think tank Joint Venture.
(NBC News is a division of NBCUniversal, which is owned by Comcast Corp., the nation's largest cable provider. Comcast technology employees in Philadelphia staged a workplace demonstration against Trump's order last week. It wasn't immediately clear on Monday whether Comcast or any of its divisions are involved in the new court brief.)
Jo Ling Kent is the business and technology correspondent for NBC News.
Alex Johnson
Alex Johnson is a reporter and editor for NBC News based in Los Angeles.


Russian soldiers will no longer be able to take selfies or share information online under new legislation passed by the State Duma on Tuesday.
In recent years, online investigative journalism sites like Bellingcat have used open source data to cast light on Russia's alleged role in eastern Ukraine and other countries.
In a third and final reading on Tuesday, 90.7 percent of State Duma deputies voted in favor of the bill to ban Russian soldiers from uploading information that could give away their affiliation, activity or location.
The bill institutes a ban on the sharing of photographs, videos, and geolocation data and prohibits soldiers from sharing details about other servicemen or the relatives of servicemen. Those who break the ban will be subject to disciplinary measures.
The bill formally institutes a 2017 Defense Ministry recommendation to ban Russian soldiers from uploading compromising information online.
Before entering into force, the bill must pass through Russia's upper-house Federation Council and secure President Vladimir Putin's signature.
Russia's Defense Minister lamented the lack of films about the modern Russian army.
Defense Minister Sergei Shoigu said the reinforcements will counter increased NATO presence in the region.
Russia has been modernizing its military while the U.S. has been engaged in fighting insurgencies in the Middle East.


T'is the season of the full mailbox. Every day when I pick up our mail, the box is stuffed with requests for donations. My wife Susan and I get them from everyone – from CARE to the Salvation Army to cancer research to the Red Cross. We get them just like you do because this is the time of year when people think about giving to others – and tax deductions only count if you make that donation before December 31.
Poring over some demographic materials a few years back, I realized that Susan and I are among the top three percent of givers in Southern California. I couldn't believe my eyes. How could a low-paid Methodist minister give away enough money each year to be in the upper echelon of generosity? Especially with all the wealth in Los Angeles.
Turns out, it wasn't hard at all. We practice the ancient religious tradition of tithing – we give away 10% of our income. So if we live on $5000 a month, we give away $500 a month. Now retired, we live on considerably less than that, but we still give away 10%. It makes the math easy. More to the point, the religious tradition distinguishes between taxes, what we pay to the government, and tithe, the money that sustains community and the common good. We pay taxes to support our country, we give tithes because it connects us to all of humankind.
But for the most part, the rich in L.A. don't do that. A few years back Britney Spears filed an accounting of her monthly expenses with the court. She spent $737,000 a month, while donating $500 to charity during the same time. You read both those numbers right. I cannot imagine spending three-quarters of a million dollars a month, and personally, if I lived on that much, I would be embarrassed to report making such a trivial donation.
One American myth says we are the most generous nation on the planet. Newspapers report major gifts like $100 million to a hospital or $25 million to a university or $300 million to an art museum. And we think, ah, charity like that can take care of all of society's needs, including helping the poor. Except it is not true. Take the Salvation Army for example. Every year it is among the top two or three largest recipients of charity dollars. But most of what it spends comes from government grants. It feeds and houses and serves the poor because of our taxes as much as our charity.
Furthermore, Americans consistently give about 45 percent of their donations to religious bodies – churches, synagogues, mosques, temples. Susan and I give some of our tithe to our faith community as well – because it provides a spiritually supportive community for people who believe in change. But most of our monthly giving goes to secular advocacy groups, non-profits that organize to change public policy on behalf of poor people, the environment, gay and lesbian civil rights, or living-wage campaigns. We support groups that oppose racism, the death penalty and war.
I have started 25 non-profit organizations in my life. Most of those do charity work, some do advocacy. So it is not that we don't believe in charity, but we use our donations to support advocacy work because we know there are many people who will give to a charity, but few who financially support social change.


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LISTEN: New International Teachers Of Pop
Christian Eede , November 6th, 2018 18:10
The Moonlandingz' Adrian Flanagan and Dean Honer have a new project called International Teachers Of Pop who will release their debut album next year
International Teachers of Pop have announced a self-titled debut album. Above, you can hear 'Brick in the Wall', a cover of Pink Floyd sung in German, which the group have shared as a free download.
International Teachers of Pop formed at the start of the year when The Moonlandingz' Adrian Flanagan and Dean Honer enlisted singer Leonore Wheatley to join them. Curiously, this meeting took place at a 'Circuit Bending Workshop' in South Yorkshire.
They've since been working on a wealth of music together and have performed some live shows to showcase this early material, much of which is going into their debut album, which will be released on February 8.
"I think it's the third most important outsider pop album to come out of Sheffield since Dare and Different Class," says Flanagan of the band's debut. "Sheffield has a great history of drawing out these awkward, gangly weirdoes that make a very British, nay eccentric, kind of pop music that stews in the underground for a few years then appears seemingly from nowhere fully formed, like a very peculiar butterfly."
The band will follow the album's release with a UK tour through February, and you can find the full list of dates here where you can also find a handy pre-order link for the album.
Last month saw them share an alternate mix of their recent single 'After Dark', which you can check here.
LISTEN: Debut International Teachers Of Pop Single »
LIVE REPORT: International Teachers Of Pop & Róisín Murphy »
International Teachers Of Pop Announce Tour »
LISTEN: International Teachers Of Pop De-Mixed By Marta Salogni »
Classy Bastards: An Interview With International Teachers Of Pop »
MORE FROM CHRISTIAN EEDE


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Standup.comedycentral.com.br
Atlantichealth.org/atlantic/eservices
Noelpharma.com
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