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Justia Dockets & Filings Fourth Circuit Maryland District Court Healthy Teen Network v. Azar et al Filing 35
Healthy Teen Network v. Azar et al
MEMORANDUM. Signed by Judge Catherine C. Blake on 4/25/2018. (hmls, Deputy Clerk)
Case 1:18-cv-00468-CCB Document 35 Filed 04/25/18 Page 1 of 21 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND Healthy Teen Network, et al. * v. * Alex M. Azar II, et al. * Civil Action No. CCB-18-468 * *** Memorandum The plaintiffs, Healthy Teen Network and the Mayor and City Council of Baltimore ("Baltimore City") have sued the defendants, Alex M. Azar II, Secretary of the U.S. Department of Health and Human Services, and the Department of Health and Human Services itself, (collectively "HHS"), claiming that the defendants' decision to end their grant award under the Teen Pregnancy Prevention, ("TPP"), program early is contrary to the agency's regulations and arbitrary and capricious. Healthy Teen Network and Baltimore City now move for a preliminary or permanent injunction. HHS opposes the motion, and has cross moved for dismissal for failure to state a claim or for summary judgment. Because both parties agree that there are no disputed issues of fact, and that the plaintiffs' case presents pure issues of law, the plaintiffs' motion will be treated as a motion for summary judgment.1 For the reasons stated below, the plaintiffs will be granted summary judgment and the defendants' motion will be denied. 1 In light of the parties' agreement, there is no need to address in detail the elements for granting a permanent injunction, but it is clear that the plaintiffs have met them. The plaintiffs have shown (1) irreparable harm, (Pls.' Mot., ECF No. 18, Ex. 3 Paluzzi Decl. ¶¶ 23-26; ECF No. 18, Ex. 2, Wen Decl. ¶ 33, 35); (2) that the remedies available at law are inadequate because HHS intends to recompete the funding that might otherwise be awarded to them; (3) "that, considering the balance of hardships between the plaintiff[s] and defendants, a remedy in equity is warranted; and (4) that the public interest would not be disserved by a permanent injunction." eBay Inc. v. MercExchange, LLC, 547 U.S. 388, 391 (2006); see also Planned Parenthood of Greater Washington & North Idaho, et al. v. U.S. Dep't of Health & Human Services, et al., 2018 WL 1934070 at *12-*15 (E.D. Wash. April 24, 2018). Further, the plaintiffs will not be required to post a bond under Federal Rule of Civil Procedure 65(c). 1 Case 1:18-cv-00468-CCB Document 35 Filed 04/25/18 Page 2 of 21 Regulatory Background Although administered through the Office of Adolescent Health in HHS, (Defs.' Mot., ECF No. 27, Ex. B, p. 3), the TPP program is a creature of Congress. For the first time in the Consolidated Appropriations Act of 2010, Congress directed that of the funding appropriated to HHS: $110,000,000 shall be for making competitive contracts and grants to public and private entities to fund medically accurate and age appropriate programs that reduce teen pregnancy and for the Federal costs associated with administering and evaluating such contracts and grants, of which not less than $75,000,000 shall be for replicating programs that have been proven effective through rigorous evaluation to reduce teenage pregnancy, behavioral risk factors underlying teenage pregnancy, or other associated risk factors, of which not less than $25,000,000 shall be available for research and demonstration grants to develop, replicate, refine, and test additional models and innovative strategies for preventing teenage pregnancy, and of which any remaining amounts shall be available for training and technical assistance, evaluation, outreach, and additional program support activities. Consolidated Appropriations Act, 2010, Pub. L. No. 111-117, 123 Stat. 3034 (2009). The program has been renewed in every appropriations act since, including the 2018 Act. See Consolidated Appropriations Act, 2018, Pub. L. No. 115-141, 132 Stat. 348 (2018). As a result of this funding, HHS announced two funding opportunities—labelled Tier 1 and Tier 2—in April 2010. (Am. Compl. at ¶ 23). Tier 1 grants were to be awarded to tried and true program models that had already shown promise in reducing teen pregnancy and delaying sexual activity. (Id.) Tier 2 grants were to break ground, and fund new research and programs for reducing teenage pregnancy. (Id.)2 2 Whether these grants were funded through the budget and project period system—further explained below—is unclear from the parties' briefing. 2 Case 1:18-cv-00468-CCB Document 35 Filed 04/25/18 Page 3 of 21 Five years later, HHS expanded its funding opportunities, this time adding Tier 1B and 2B grants. Tier 1B grants were awarded to "replicate evidence-based TPP programs to scale in communities with the greatest need." (Defs.' Mot., ECF No. 27, Ex. B, p. 3). And Tier 2B grants were designed to test "new or innovative approaches to prevent teen pregnancy." (Id.). These two grants provided funding to Baltimore City and Healthy Teen Network. To support what HHS anticipated would be "substantial programmatic involvement . . . between OAH and the grantee during performance of the project," (Am. Compl. at ¶ 34), Tier 1B and Tier 2B awards were distributed over two periods. The first is called the budget period, and refers to the funding successful applicants were guaranteed for one fiscal year. (Defs.' Mot., ECF No. 27, Ex. B, I-34). The second is called the project period—the amount of funding successful applicants could expect over the course of a five year project plan. (Id.) Successful applicants were not guaranteed funding for the entire project period, but were required to submit a noncompeting continuation application—which had to include a "progress report for the current budget year, and work plan, budget and budget justification for the upcoming year"—for each of the four budget periods, after the initial award year, during the project period. (Id.) Each award required grantees to "comply with all terms and conditions outlined in their grant awards," and with HHS's Grants Policy Statement. (Defs.' Mot., ECF No. 27, City of Baltimore 2015-16 Notice of Award, Ex. A at 68).3 The Grants Policy Statement is important for two reasons. First, the Statement warned that funding over the course of a project period is: contingent on satisfactory progress, the availability of funds, and the continued best interests of the Federal government. They are not guarantees that the project or program will be funded or will be funded at those levels, and they create no 3 The defendants assert that drawing down awarded funds constitutes acceptance of the award's terms. 3 Case 1:18-cv-00468-CCB Document 35 Filed 04/25/18 Page 4 of 21 legal obligation to provide funding beyond the ending date of the current budget period. (Defs.' Mot. ECF No. 27, Grants Policy Statement, U.S. Dep't of Health & Human Servs., Ex. B at I-34). The Statement further warns that HHS may decide not to "make a non-competing continuation award" because (1) "[a]dequate Federal funds are not available to support the project;" (2) "[a] recipient failed to show satisfactory progress in achieving the objectives of the project;" (3) "[a] recipient failed to meet the terms and conditions of a previous award;" or (4) "[f]or whatever reason, continued funding would not be in the best interests of the Federal government." (Id. at II-89). Grant termination is the last piece of this case's regulatory puzzle. HHS regulations define "termination" as "the ending of a Federal award, in whole or in part at any time prior to the planned end of period of performance." 45 C.F.R. § 75.2. And "period of performance" is its own term of art, referring to the "time during which the non-Federal entity may incur new obligations to carry out the work authorized under the Federal award." 45 C.F.R. § 75.2. HHS may only terminate a grant award if: (1) the grantee failed "to comply with the terms and conditions of the award;" (2) "for cause;" (3) "with the consent" of the grantee; or (4) if the grantee requests termination and provides written notification of the reasons for such termination. 45 C.F.R. § 75.372(a)(1)-(4). Factual Background Healthy Teen Network and Baltimore City both were awarded funding under the TPP program in 2015 for five-year project periods ending in 2020. 4 Case 1:18-cv-00468-CCB Document 35 Filed 04/25/18 Page 5 of 21 Baltimore City On June 29, 2015, Baltimore City was awarded an $8.745 million grant over a five year project period, with $1.749 million anticipated for each budget period. (Pls.' Mot., ECF No. 18, Ex. 2, ¶ 9). The award noted that Baltimore City was guaranteed funding for the first year (the budget period) of the project period, and that projected future funding (over the project period) was "subject to the availability of funds and satisfactory progress of the project." (Id.) After submitting non-competing applications, Baltimore City was granted funding through year two of the project period. On July 3, 2017, however, Baltimore City received a notice of award for the third budget period, which explained the award and warned that "this award also shortens the project period to end on June 30, 2018," two years earlier than was projected when Baltimore City won funding in 2015. (Id. at ¶ 24). The notice did not explain HHS's decision to cut the project period short, although Baltimore City is sure that it "complied with all program requirements throughout the grant," (id.), and HHS has not stated otherwise. Baltimore City appealed the termination of the grant in August of 2017 without response. (Id. at ¶ 25). Indeed, HHS still has not provided Baltimore City with any specific reason for its decision to end the City's project period by two years. (Id. at ¶ 24). Healthy Teen Network On July 1, 2015, Healthy Teen Network was awarded $3.6 million in funding over a five year project period, with $723,000 anticipated for each one year budget period.4 (Pls.' Mot., ECF No. 18, Ex. 3, ¶ 3). As was true for Baltimore City's award, notice of Healthy Teen 4 Healthy Teen Network also received a sub-award from Baltimore City—to increase capacity and provide training for the City's project—and a sub-award from the South Carolina Campaign to Prevent Teen Pregnancy—to help several organizations provide pregnancy prevention programming to teens in juvenile justice or foster care. (Pls.' Mot., ECF No. 18, Ex. 3, ¶ 16). 5 Case 1:18-cv-00468-CCB Document 35 Filed 04/25/18 Page 6 of 21 Network's award warned that the project period merely represents "recommended future support . . . subject to the availability of funds and satisfactory progress of the project." (Id. at p. 10). Also like Baltimore City, Healthy Teen Network successfully submitted non-competing continuation applications for the next two years of the project period. On July 6, 2017, along with its award for year three of the project period, however, Healthy Teen Network was notified that its project period would be cut short by two years. (Id. at ¶ 13). HHS's decision was unexplained, (id. at ¶ 15), and Healthy Teen Network alleges that in August 2017 it was advised by an HHS employee that there was no use in appealing the agency's decision, (Id. at ¶ 18). *** After ending Baltimore City's and Healthy Teen Network's project periods early, HHS later provided two public explanations for its decision. It claimed: (1) "that there was strong evidence of negative impact or no impact by the funded projects;" and (2) that because the President's proposed budget for Fiscal Year 2018 eliminated funding for the TPP program, HHS anticipated it would lack funding for the projects and terminated them early. (Am. Compl. at ¶¶ 107-08). Healthy Teen Network and Baltimore City contend that these explanations are merely pretense undercut by HHS's longstanding praise for their work, which persisted even after their funding was terminated, (Pls.' Mot., ECF No. 18, Ex. 2, ¶¶ 22, 26); by the Tier 1B grants themselves, which were only awarded to programs that had demonstrated positive results in reducing teen pregnancy; and by the fact that, despite what the President's budget might have suggested, only Congress possesses the power to eliminate funding for the TPP program, (Am. Compl. at ¶¶ 107-10). The plaintiffs sued HHS on February 15, 2018, and subsequently moved for a preliminary or permanent injunction. HHS cross-moved for dismissal under Federal Rule of 6 Case 1:18-cv-00468-CCB Document 35 Filed 04/25/18 Page 7 of 21 Civil Procedure 12(b)(6) or for summary judgment under Rule 56. The court heard oral argument on the motions on April 19, 2018. Standard of Review Federal Rule of Civil Procedure 56(a) provides that summary judgment should be granted "if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(a) (emphases added). "A dispute is genuine if 'a reasonable jury could return a verdict for the nonmoving party.'" Libertarian Party of Va. v. Judd, 718 F.3d 308, 313 (4th Cir. 2013) (quoting Dulaney v. Packaging Corp. of Am., 673 F.3d 323, 330 (4th Cir. 2012)). "A fact is material if it 'might affect the outcome of the suit under the governing law.'" Id. (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986)). Accordingly, "the mere existence of some alleged factual dispute between the parties will not defeat an otherwise properly supported motion for summary judgment[.]" Anderson, 477 U.S. at 247-48. The court must view the evidence in the light most favorable to the nonmoving party, Tolan v. Cotton, 134 S. Ct. 1861, 1866 (2014) (per curiam), and draw all reasonable inferences in that party's favor, Scott v. Harris, 550 U.S. 372, 378 (2007) (citations omitted); see also Jacobs v. N.C. Admin. Office of the Courts, 780 F.3d 562, 568-69 (4th Cir. 2015). At the same time, the court must "prevent factually unsupported claims and defenses from proceeding to trial." Bouchat v. Balt. Ravens Football Club, Inc., 346 F.3d 514, 526 (4th Cir. 2003) (quoting Drewitt v. Pratt, 999 F.2d 774, 778-79 (4th Cir. 1993)). Analysis The plaintiffs have moved for a permanent injunction, here treated as a motion for summary judgment, on the grounds that HHS's decision to end their project periods early was unlawful under the Administrative Procedure Act, 5 U.S.C. § 701 et seq., because (1) it 7 Case 1:18-cv-00468-CCB Document 35 Filed 04/25/18 Page 8 of 21 constituted an improper termination under the agency's regulations and (2) was arbitrary and capricious. For the reasons stated below, the court agrees that HHS's decision was an unlawful termination or, in the alternative, an unlawful arbitrary and capricious decision. The plaintiffs will be granted summary judgment.5 I. Termination Baltimore City and Healthy Teen Network argue that HHS's decision to end their project periods two years early constituted a termination, an action that may only be taken if one of four conditions is met. And because HHS did not comply with those conditions when it terminated the plaintiffs' project periods early, the action was unlawful. HHS concedes that it did not comply with the regulations governing "termination" but argues that those regulations are not applicable here and that Baltimore City's and Healthy Teen Network's interpretation of "termination" runs counter to the established practice of grant funding. As further explained below, however, the clear text of the regulations defines the challenged action as a termination. "The [regulatory framework] says what it says—or perhaps better put here, does not say what it does not say." Cyan, Inc. v. Beaver County Employees Retirement Fund, 138 S.Ct. 1061, 1069 (2018). The plaintiffs' motion will, thus, be granted. HHS regulations define "termination" as "the ending of a Federal award, in whole or in part at any time prior to the planned end of period of performance." 45 C.F.R. § 75.2. And HHS may only terminate a grant: (1) if the grantee failed "to comply with the terms and conditions of the award;" (2) "for cause;" (3) "with the consent" of the grantee; or (4) if the grantee requests 5 In a ruling from the bench on April 19, 2018, Judge Jackson of the District Court for the District of Columbia reached a similar judgment, holding that "HHS terminated plaintiffs' federal grants within the meaning of the regulations." Policy & Research, LLC, et al. v. Department of Health and Human Services, Civil Action No. 18-346, Transcript of Oral Ruling at pp. 13, 23. Judge Jackson granted summary judgment, as the court does here, after the parties agreed that a judgment on the merits was appropriate. Id., Transcript of Argument at pp. 3-4. 8 Case 1:18-cv-00468-CCB Document 35 Filed 04/25/18 Page 9 of 21 termination and provides written notification of the reasons for such termination. 45 C.F.R. § 75.372(a)(1)-(4). Recall that "period of performance" is its own term of art under HHS regulations, and it refers to the "time during which the non-Federal entity may incur new obligations to carry out the work authorized under the Federal award." 45 C.F.R. § 75.2. And by cross-reference the regulations make clear that the "period of performance" includes, at minimum, the "project period." Id. (stating, in full, "Project period (see Period of Performance)."6 This definition is further bolstered by the regulation's definition of "obligations," which contemplates that grantees may commit funding beyond their current budget period: "when used in connection with a non-Federal entity's utilization of funds under a Federal award, obligations means orders placed for property and services, contracts and subawards made, and similar transactions during a given period that require payment by the nonFederal entity during the same or a future period," 45 C.F.R. § 75.2 (emphasis added). Put another way, the clear text of the regulations defines "termination" as "the ending of a Federal award, in whole or in part at any time prior to the planned end of the [project period]." Id. And when faced with clear text, the court may not accept alternative agency interpretations. See Christensen v. Harris County, 529 U.S. 576, 588 (2000).7 Unconvinced by the clarity of its own regulations, HHS asserts several arguments, extraneous to the express text of those regulations, to prove that the "period of performance" is not the "project period" but the "budget period." When facing clear text, however, the court is 6 This cross-reference is a recent, and considered, addition to HHS regulations. In 2014 HHS amended its regulations to adopt the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards promulgated by the Office of Management and Budget. See Federal Awarding Agency Regulatory Implementation of Office of Management and Budget's Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 79 Fed. Reg. 75871, 75872 (Dec. 26, 2014). Among the amendments HHS made was an alteration to its definition of "project period" so that it cross-referenced "period of performance." See id. at 75875-76, 75896. 7 To be sure, in cases where the plain meaning of a statute or regulation would lead to absurd results the court may appropriately "treat the text as if it were ambiguous." See Lamie v. U.S. Trustee, 540 U.S. 526, 536 (2004). 9 Case 1:18-cv-00468-CCB Document 35 Filed 04/25/18 Page 10 of 21 not free to alter its interpretation based on "legislative history, purpose, and post-enactment practice." See N.L.R.B. v. SW General, Inc., 137 S.Ct. 929, 941-42 (2017). But even if the court were to consider HHS's arguments, at best, their extra-textual materials are ambiguous. Ignoring the fact that nowhere do the regulations suggest that the budget period is the period of performance, HHS argues that the "budget period" makes more sense as the "period of performance" because it represents guaranteed funding, whereas the "project period" provides merely an expectation of future funding. HHS insists that there can be no obligation of funds that have not yet been awarded. But there can be obligations contingent on future funding.8 Indeed, one of the purposes of a five-year period of performance is to give the grantee organization some assurance that, so long as Congress continues to provide funding and they comply with the terms of their grant, they can plan for the necessary staff and facilities to carry out the grant's purpose. Nevertheless, HHS argues that its Grants Policy Statement supports its view that the budget period makes more sense as the period of performance by stating that: "the amount of Federal funds authorized for obligation and any future-year commitments, is issued for each budget period in the approved project period." (Defs.' Opp., Ex. B, HHS Grant Policy Statement, I-33). Thus, in the agency's view, a grantee can only incur obligations during the budget period and as a result that is the period of performance. But the Grants Policy Statement is merely a guidance document, and, even if it says what HHS believes it says, does not control over the agency's regulations. Putting that aside, the very next sentence after the part of the Statement quoted by the agency seems to contemplate grantees obligating funds even before their budget period: "until an awarding office has issued a [Notice 8 Plaintiffs do not suggest a contractual obligation to the funds. They concede that if Congress failed to fund the TPP program, they would have no claim on federal money. 10 Case 1:18-cv-00468-CCB Document 35 Filed 04/25/18 Page 11 of 21 of Award] for the initial budget period, any costs incurred by the applicant for the project are incurred at its own risk." And the document defines "obligations" much the same way HHS's regulations do: "[t]he amounts of orders placed, contract and subawards, goods and services received, and similar transactions by a recipient during a budget period that will require payment during the same or a future budget period." (Id. at B-7) (emphasis added).9 Thus, at best, the Grants Policy Statement provides equivocal support for the government's position. And indeed it may be evidence that a "project period" is the "period of performance" because its definition of "obligations" contemplates payment beyond the one-year budget period. Next, the agency argues that the court's interpretation would violate the Anti-Deficiency Act. The Act prohibits "[a]n officer or employee of the United States Government" from "mak[ing] or authoriz[ing] an expenditure or obligation exceeding an amount available in an appropriation or fund for the expenditure or obligation" or from "involv[ing] [the] government in a contract or obligation for the payment of money before an appropriation is made unless authorized by law." 31 U.S.C. § 1341(a)(1)(A)-(B). Thus, the Act bars federal employees from obligating funds "for future payment of money in advance of, or in excess of, an existing appropriation." Hercules Inc. v. U.S., 516 U.S. 417, 427 (1996) (using the Anti-Deficiency Act as a backdrop for interpreting agency action). 10 Because of this, the Act only has relevance if 9 If the court considers extraneous documents related to the TPP program, it also should consider the Funding Opportunity Announcement, which contemplates that the period of performance may be longer than one year. (Defs.' Opp., Ex. A, Funding Opportunity Announcement, p. 33) (stating in full, "Period of Performance: Not to exceed 5 years"). 10 HHS also asserts that Leiter v. U.S., 271 U.S. 204 (1926) counsels in favor of rejecting the plaintiffs' interpretation because there the Court held that an agency may not make multi-year funding commitments for a lease without a specific appropriation authorizing such action. 271 U.S. at 206-07. Such a commitment is binding in a future year, however, if the Government affirmatively continues the commitment, and if a specific "appropriation [is] made available." Id. at 207. For the reasons stated above, the plaintiffs' interpretation would not force HHS to treat the multi-year funding represented by project periods as binding without a congressional appropriation. 11 Case 1:18-cv-00468-CCB Document 35 Filed 04/25/18 Page 12 of 21 the court's interpretation would require a federal officer or employee to authorize funding beyond an existing appropriation. There is no reason to think it would. Reading "period of performance" as including at least the "project period," as the text clearly commands, means only that the grantee could obligate funding projected in its project period, and not that HHS would be required to provide that funding. Indeed, as the Grants Policy Statement puts it, such obligations would be done at the grantee's own risk—it may or may not receive funding to cover the obligation, but the obligation itself does not affect the discretionary nature of HHS's funding decisions under the TPP program. Ending on a practical note, HHS insists that "termination" is not one of a number of ordinary functions carried out during a grant funding program but rather best considered as a sanction, used only in limited circumstances such as where the agency fails to comply with the conditions of its award. (See, e.g., Transcript of Oral Argument, pp. 35-36). Treating project periods as the "period of performance" runs counter to long running agency practice, according to HHS, and would threaten the use of project periods—which no one doubts provides a helpful framework for awarding funds—across all grant awarding agencies. At base, the agency would have the court ask, "Notwithstanding the clear text of its regulations, does the plaintiffs' interpretation make sense as a practical matter?" But the court may not ignore clear text based on past agency practice or prudential considerations, N.L.R.B., 137 S.Ct. at 941-42, and in any event the record as to past practice has not been definitively explored. It may be the case that considering the "project period" as the "period of performance" is impractical. It may also be the case that the agency has never treated a project period as the period of performance. Or it may be the case that the agency has never terminated a grant prior 12 Case 1:18-cv-00468-CCB Document 35 Filed 04/25/18 Page 13 of 21 to the end of its project period where there were no grounds to do so. In any event, unlawful action does not necessarily become lawful by virtue of a long period of unchallenged practice. On the merits of HHS's counter argument, nothing about the court's ruling would permanently affect the project period system of awarding grants. HHS remains free to amend its regulations to make the period of performance the budget period rather than the project period, and thus line up its governing regulations with what it claims to be ordinary practice. What it cannot do, however, is act as if its regulations say something other than what they say. The period of performance includes the project period. *** Thus, the agency's decision to end Baltimore City's and Healthy Teen Network's project periods constituted a termination. HHS was therefore required to comply with at least one of the four conditions for termination: (1) the grantee failed "to comply with the terms and conditions of the award;" (2) "for cause;" (3) "with the consent" of the grantee; or (4) if the grantee requests termination and provides written notification of the reasons for such termination. 45 C.F.R. § 75.372(a)(1)-(4). Because it is undisputed that none of these four conditions was met, HHS's action was unlawful. 11 Accordingly, the plaintiffs' motion for a permanent injunction will be granted. The agency's decision will be vacated, and the agency will be ordered to process the plaintiffs' non-compete continuation awards consistent with this opinion. 11 HHS does not agree that its decision constituted a termination, but also does not challenge the court's ability to review whether the agency complied with its own regulations if the court determines that its decision was a termination. (See Defs.' Mot., ECF No. 27). An agency has no discretion to decide whether and when to abide by its own regulations. See Citizens to Preserve Overton Park, Inc. v. Volpe, 401 U.S. 402, 411-13 (1971) (finding "law to apply" when determining whether an agency complied with statutory directives.) 13 Case 1:18-cv-00468-CCB Document 35 Filed 04/25/18 Page 14 of 21 II. Arbitrary and Capricious Review Even if HHS's decision to end Baltimore City's and Healthy Teen Network's grants was not a termination, the plaintiffs claim the decision was still arbitrary and capricious and thus unlawful. Because (1) HHS's decision to end the plaintiffs' project periods early is reviewable; (2) post hoc rationalizations cannot cure a decision unreasoned at the time it was made; and (3) the agency failed to consider relevant factors when making its decision, the plaintiffs are granted summary judgment as to this claim as well. A As a threshold matter, HHS argues that its decision to recompete Baltimore City's and Healthy Teen Network's funding is a decision committed to agency discretion by law because the appropriations acts that have funded the TPP program delegate broad discretion to HHS to determine how best to spend the money. But the relevant congressional act does impose restrictions on how HHS may distribute TPP funding, and the court has manageable standards to ensure that it acts accordingly. The APA provides that "[a] person suffering legal wrong because of agency action, or adversely affected or aggrieved by agency action within the meaning of a relevant statute, is entitled to judicial review thereof." 5 U.S.C. § 702. But no such review is available if the "agency action is committed to agency discretion by law." 5 U.S.C § 701(a)(2). Together, these provisions create a "basic presumption of judicial review" of agency action that may be rebutted where "the relevant statute is drawn so that a court would have no manageable standard against which to judge the agency's exercise of discretion." Lincoln v. Vigil, 508 U.S. 182, 190-91 (1993) (internal quotation marks omitted). An "agency bears a heavy burden in attempting to show that Congress prohibited all judicial review of the agency's compliance with a legislative 14 Case 1:18-cv-00468-CCB Document 35 Filed 04/25/18 Page 15 of 21 mandate." Mach Mining, LLC v. E.E.O.C., 135 S.Ct. 1645, 1651 (2015) (internal quotation marks omitted); see also Quinteros-Mendoza v. Holder, 556 F.3d 159, 162 (4th Cir. 2009) ("The Supreme Court has drawn the 'committed to agency discretion' exception extremely narrowly."). In the context of congressional appropriations, the Supreme Court has determined that courts have "no leave to intrude" on the agency's chosen method of achieving the congressionally determined objects of the appropriation, so "long as the agency" acts within "permissible statutory" bounds. Lincoln, 508 U.S. at 193. 12 And although asking whether an agency chose the best method to advance that object is unreviewable, whether the agency acted with the appropriate object in mind is. See Mach Mining, 135 S.Ct. at 1652. Eliding this distinction, HHS insists that Baltimore City and Healthy Teen Network, in demanding that the agency provide reasons for its decision, are really challenging the agency's ability to determine how best to spend TPP program funding.13 And that is a problem, HHS argues, because it has broad discretion to determine how best to prevent teen pregnancies with the money Congress appropriated for that task, and, as a result, the court lacks a manageable standard by which to judge its decision. HHS is correct, to an extent. Congress's appropriation for the TPP program comes with few restrictions, pregnancy prevention is an issue squarely within HHS's expertise, and how to accomplish that object eludes judicially manageable standards. Yet, the government's argument sweeps too broadly, and misses the subtlety of the plaintiffs' challenge. Baltimore City and Healthy Teen Network challenge HHS's decision to end their project periods as arbitrary and capricious because the agency failed to provide reasons for 12 The Supreme Court also has withheld judicial review of agency decisions "not to institute enforcement proceedings;" "an agency's refusal to grant reconsideration of an action because of material error;" and agency decisions "to terminate an employee in the interests of national security." Lincoln, 508 U.S. at 191-92 (explaining precedent). 13 Indeed, the cases cited in HHS's briefing focus on this issue. See, e.g., Alan Guttmacher Inst. v. McPherson, 597 F. Supp. 1530, 1536 (S.D.N.Y. 1984) (noting that an appropriation did not "give courts any guidance in sorting among the many projects consistent with the goals stated."). But even Guttmacher noted that the relevant act "might . . . permit a court to decide whether a project was particularly inappropriate for funding." Id. 15 Case 1:18-cv-00468-CCB Document 35 Filed 04/25/18 Page 16 of 21 its decision, and in doing so asks not for the court to weigh in on the worthiness of the organizations HHS selected and rejected for funding, but whether HHS acted within permissible congressional bounds when doing so.14 The appropriations act for the TPP program required that HHS use the appropriation to (1) "fund medically accurate and age appropriate programs that reduce teen pregnancy;" (2) to "replicat[e] programs that have been proven effective through rigorous evaluation to reduce teenage pregnancy, behavioral risk factors underlying teenage pregnancy, or other associated risk factors;" and (3) "to develop, replicate, refine, and test additional models and innovative strategies for preventing teenage pregnancy." Consolidated Appropriations Act, 2010, Pub. L. No. 111-117, 123 Stat. 3034 (2009).15 At minimum, Congress required that HHS consider teenage pregnancy prevention when making decisions on how to spend teen pregnancy prevention funding. Thus, the essential question of the plaintiffs' arbitrary and capricious challenge may be posed as such: "Notwithstanding HHS's broad discretion to determine which organizations will receive funding, when it decided to end the plaintiffs' funding did it, among other things, consider teenage pregnancy prevention at all?" And "in insisting that the [agency]" follow that restriction, "as the statutory language directs, a court applies a manageable standard." Mach Mining, 135 S.Ct. at 1652. Demanding that a "recipient agency . . . distribute [its] funds among some or all of the permissible objects" identified by the relevant appropriations act does not break new ground. Int'l Union, United Auto., Aerospace & Agric. Implement Workers of America v. Donovan, 746 14 Thus this case is unlike Speed Mining, Inc. v. Federal Mind Safety & Health Review Com'n, 528 F.3d 310 (4th Cir. 2008), where the Fourth Circuit held that because Congress did not impose limitations on the particular agency action challenged by the plaintiffs, the court had no "guidelines against which to measure [the agency's]" action and therefore "no manageable standards to apply." 528 F.3d at 317. 15 As previously noted, all consolidated appropriations acts since the one passed in 2010 use the same language to fund the TPP program. See, e.g., Consolidated Appropriations Act, 2017, Pub. L. No. 115-31, 131 Stat. 135 (2017). 16 Case 1:18-cv-00468-CCB Document 35 Filed 04/25/18 Page 17 of 21 F.2d 855, 861 (D.C. Cir. 1984) (J. Scalia). The Supreme Court has shown similar concern over policing the outer bounds of Congressional appropriations, in Lincoln ("a lump-sum appropriation . . . give[s] an agency the capacity to . . . meet its statutory responsibilities in what it sees as the most effective or desirable way"), 508 U.S. at 192 (emphasis added), and also in Salazar v. Ramah Navajo Chapter, 567 U.S. 182 (2012) ("[w]ithin" the constraints imposed by an appropriations act, an agency's "ability to direct those funds was committed to agency discretion by law"), 567 U.S. at 192 (internal quotation marks omitted). In sum, the TPP program appropriation gave HHS discretion to act within congressionally imposed restrictions, such as that HHS consider teenage pregnancy prevention when making funding decisions. The court has no business second-guessing the agency's decision to fund one program over another, but the court does have the authority to ensure that when making that decision HHS considers statutory restrictions. And in doing so the court applies manageable standards. B Turning now to the merits of the plaintiffs' claim, Baltimore City and Healthy Teen Network argue that because HHS did not provide reasons for ending their grants, the action was arbitrary and capricious within the meaning of the APA. Section 701 of the Administrative Procedure Act instructs courts to set aside an agency action if it is arbitrary and capricious. Arbitrary and capricious review "is narrow and a court is not to substitute its judgment for that of the agency." Motor Vehicle Mfrs. Ass'n of U.S., Inc. v. State Farm Mut. Auto. Ins. Co. et al., 463 U.S. 29, 43 (1983). And the court should "uphold a decision of less than ideal clarity if the agency's path may reasonably be discerned." Id. (internal citation omitted). Still, "an agency [action] would be arbitrary and capricious if the agency" 17 Case 1:18-cv-00468-CCB Document 35 Filed 04/25/18 Page 18 of 21 failed to consider "relevant factors" or "relied on factors which Congress has not intended it to consider." Id. As explained below, HHS's decision was arbitrary and capricious. The agency has not shown that it considered relevant congressional factors when making its decision to end the plaintiffs' project periods early, and post hoc rationalizations cannot rehabilitate a decision unreasoned at the time it was made. Congress declared that funding for the TPP program shall be used to (1) "fund medically accurate and age appropriate programs that reduce teen pregnancy;" (2) to "replicat[e] programs that have been proven effective through rigorous evaluation to reduce teenage pregnancy, behavioral risk factors underlying teenage pregnancy, or other associated risk factors;" and (3) "to develop, replicate, refine, and test additional models and innovative strategies for preventing teenage pregnancy." Consolidated Appropriations Act, 2010, Pub. L. No. 111-117, 123 Stat. 3034 (2009). This text suggests that relevant factors to consider when awarding grants are: (1) whether the program is aimed at preventing teenage pregnancy; (2) whether the program is medically accurate and age appropriate; (3) whether the program has achieved proven results; and (4) whether the program represents an innovative strategy for preventing teenage pregnancy. Thus, the appropriation was not an unrestricted sum of money to use for any purpose that might fall within HHS's broad mandate, but rather directs the agency to use the funds to support proven or innovative medically accurate methods of preventing teenage pregnancy.16 16 To be sure, HHS may well receive deference on its own interpretation of the relevant factors in the appropriations act, Chevron, U.S.A., Inc. v. Nat. Res. Def. Council, Inc., 467 U.S. 837, 842-45 (1984), but that argument misses the point. HHS may interpret the TPP program appropriation to determine the relevant factors for administering grants. It may promulgate regulations and policies related to that interpretation, and still more, it may receive deference on its interpretation of those regulations and policies. See Auer v. Robbins, 519 U.S. 452, 461-63 (1997). But HHS does not lay claim to any of those things. It instead relies on its own guidance documents, without reference to congressional authority, to explain an unexplained decision. If agency decisionmaking without concern for relevant factors is arbitrary and capricious, this is the standard's paradigm case. 18 Case 1:18-cv-00468-CCB Document 35 Filed 04/25/18 Page 19 of 21 HHS has not shown that it considered any of these congressionally prescribed factors when making its decision to end the plaintiffs' program periods early, as it did not provide any contemporaneous reasons for its decision.17 And the court may not "supply a reasoned basis for the agency's action that the agency itself has not given." N.C. Growers' Ass'n, Inc. v. United Farm Workers, 702 F.3d 755, 767 (4th Cir. 2012) (quoting State Farm, 463 U.S. at 43). "An agency's view . . . may change . . . . But an agency changing its course must supply a reasoned analysis." State Farm, 463 U.S. at 57. Here no such reasoned analysis was provided. Sidestepping its obligation to provide reasoned decisionmaking, HHS argues that its discretion over the project periods is so broad that it did not have to provide any reason at all for ending the plaintiffs' project periods early. (See, e.g., Transcript of Oral Argument, p. 37-40). But even if that were not true, HHS insists, it did in fact give reasons for its decision, specifically that the programs funded were not performing as HHS expected.18 To begin, both parties concede that HHS eventually offered public reasons for ending TPP grants early, and HHS asserts that those reasons are good reasons. They may be, but that is beside the point, because an agency may not justify an action through post hoc rationalization. See Burlington Truck Lines, Inc. v. U.S., 371 U.S. 156, 168-69 (1962) ("The courts may not accept [an agency's] post hoc rationalizations for agency action.") Rather, an agency must show that its decision was reasoned at the time it was made. Here, neither party asserts that HHS met this requirement. Therefore, HHS's post hoc public justifications for its decision cannot carry the agency's burden to provide reasons for its decisions. 17 To be clear, the court does not claim authority to judge how the agency applies these factors. Such decisions are squarely within the agency's expertise. But the court can ensure that HHS considers them when making TPP program funding decisions. 18 The plaintiffs offer contrary evidence that indicates HHS praised the performance of their programs even after the programs were terminated. (Pls.' Mot., ECF No. 18, Ex. 2, ¶¶ 22, 26). 19 Case 1:18-cv-00468-CCB Document 35 Filed 04/25/18 Page 20 of 21 Falling back, HHS asserts that those post hoc rationalizations were unnecessary in any case because the Grants Policy Statement warned grantees that their project periods may be cut short if "[f]or whatever reason, continued funding would not be in the best interests of the Federal government." (Defs.' Mot., ECF No. 27, Grants Policy Statement, Ex. B at II-89). Thus, HHS asserts any reason for its decision would suffice. There are two problems with this view. The first is that HHS ignores the second, narrowing, clause of the condition it is quoting. HHS cannot provide just any reason for its decision, that reason must be a change in the federal interest. HHS provides no evidence a change in the federal interest motivated its decision here. The second, and more fundamental, problem with HHS's view is that the "federal interest" does not necessarily mean "the federal interest as determined by HHS." The ultimate touchstone for all agency action is not its own guidance documents, or even regulations, but the power delegated to it by Congress. HHS misses this point by not once considering the appropriation act funding the TPP program, and provides no evidence that Congress authorized HHS to determine the federal interest in the area of teen pregnancy or that Congress had nevertheless indicated itself that the federal interest in this area has changed. But still more, by failing to consider Congress's grant of authority, HHS has not shown that an unanchored federal interest is even a relevant factor in distributing grant funding under the TPP program. In fact, congressional appropriations for funding the TPP program, as stated above, suggest that the federal interest must be anchored in, among other things, the prevention of teenage pregnancy. Thus, even under the framework HHS proposes, not only was the agency required to provide reasons for its decision, those reasons had to be related to the relevant factors in the congressional appropriation. 20 Case 1:18-cv-00468-CCB Document 35 Filed 04/25/18 Page 21 of 21 In sum, the text of Congress's appropriations act suggests that HHS was to provide and end grants with some reference to their success in preventing teen pregnancy. HHS may have had a sufficient, lawful reason, for terminating the plaintiffs' project period early, but because it failed to provide a reason in this case, or to meaningfully explain the factors it considered relevant to its decision, it is impossible to determine what was motivating the agency and whether that motivation was relevant at all. HHS's decision was, therefore, arbitrary and capricious. Conclusion For the reasons stated above, the plaintiffs will be granted summary judgment. HHS's decision to terminate the Baltimore City's and Healthy Teen Network's project periods will be vacated, and the agency will be ordered to process the plaintiffs' non-compete applications consistent with this opinion. A separate order follows. ___April 25, 2018____________ Date ________________/s/_________________ Catherine C. Blake United States District Judge 21


Are you looking to increase the amount of confidence you have in your social life, work environment, financial security, and relationship prospects? If you've been wondering what the secret is behind feeling massive amounts of confidence in every aspect of your life, then look no further. Today we'll be discussing the formula for confidence—it's incredibly easy, yet powerful, and it will have you opening doors to potential in your life that you never knew existed.
Fear + Act of Courage = Confidence.
Now, of course, this isn't the only aspect to building unstoppable confidence—there are countless tools that can help you on your way to reaching your full potential (self-talk, letting go of self-sabotage, communication techniques, etc.), and I teach them all through my many programs, such as The Confidence Code and Confidence Unleashed. When it comes to taking bold action and using these tools cohesively, however, this formula is imperative to success.
In order to move forward in building your confidence—regardless of the situation—you must act courageously in the face of your fear. It's that simple.
If you're not applying this formula, it won't matter how many techniques you apply or how many courses you take—you'll never develop long-term confidence. So, why is this formula so effective? Because it addresses the main problem we all face as human beings: fear.
Fear is the one thing that is holding you back. It causes discomfort and shows you where the edge of your comfort zone lies . . . and no one likes being made aware of their limitations. Think about it: where do you draw the line when it comes to taking bold action in your life? Maybe you avoid social situations in which you will be forced to interact with strangers; perhaps you refuse to speak up in meetings at work; or maybe you refuse to stand up to your in-laws when they criticize you. In each of these cases, you're connecting with the edge of your comfort zone and the fear is keeping you from experiencing your power.
Unfortunately, the first argument that I hear from my clients at this point is that their fears will make them fail at their Act of Courage, which will just make them feel even worse. First of all, that's not going to happen. I don't mean that you won't fail—you very well may fail! Just having faced your fear, however, will prove to you that the consequences of that failure were not nearly as horrifying as you might have imagined. Secondly, practicing self-compassion is the part of the process that makes it effective long term.
Ultimately, you have to see this as a process. It's not going to happen overnight, and anyone who tells you that it should is lying to you. Changing your mental patterns involves a reconditioning process—that takes time. One Act of Courage may result in a feeling of success, while the next may result in momentary heartbreak. Over time, however, you'll begin to realize that those moments of temporary heartbreak are just that: temporary. The moments of victory will far outweigh the rough times, and the negative emotions you feel will typically be the result of minor letdowns that won't change your life in any way, certainly not irreparably.
Each time you engage in an Act of Courage, you build one unit of confidence, making it easier to engage in that same act the next time. Now, does that mean you'll instantly and permanently be more confident in that area? No. You have to amass many units of confidence before the fear dissipates completely. Each time you take action, though, it will get easier.
The good news is that you don't have to take on massive challenges to begin to see results. Sure, the greater the fear and the greater the Act of Courage, the more units of confidence you will build—but each step forward is important movement, no matter the size. You can use the repetition of smaller acts to slowly build your courage, which will eventually help you tackle the larger acts and more quickly unlock your confidence.
This formula is backed by decades of research on exposure work and behavioral conditioning—and it works. It is the key to breaking through your comfort zone barriers to discover your next level of unstoppable confidence, and it will transform your life, just like it has mine and the many clients with whom I've worked.
As always, I'm very interested in hearing about your progress and learning about what is working well for you! What's the biggest Act of Courage you face? What fear are you facing when it comes to acting boldly? I invite you to share your thoughts in the comments below, just as I invite you to "like," and subscribe using the available links. If you've experienced success with this method, please share that as well and help to inspire others within our community. The more we engage as a group, the faster we'll grow, and the more confidence we will build together.


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Role of Glycosphingolipids and Therapeutic Perspectives on Alzheimers Disease
Author(s): Tatsuro Mutoh, Yoshio Hirabayashi, Takateru Mihara, Madoka Ueda, Hiroshi Koga, Akihiro Ueda, Takako Kokura, Hiroko Yamamoto	Department of Neurology, Fujita Health University School of Medicine, 1-98 Dengakugakubo, Kutsukake-cho, Toyoake, Aichi 470-1192, Japan., Japan
Journal Name: CNS & Neurological Disorders - Drug Targets
(Formerly Current Drug Targets - CNS & Neurological Disorders)
Alzheimers disease (AD) is a devastating neurodegenerative disorder dividing into two forms, early onset familial and late onset sporadic forms. Early onset genetic cases (familial AD (FAD)) constitute about 10% of all AD cases. Heretofore, highly fibrillinogenic and pathological Aβ peptide formation is regarded as the fundamental molecular basis for this disorder. Recent enormous efforts to find out a pathogenesis, however, have revealed that this disorder has a multiplicity of causes such as glycosphingolipids abnormalities, impairment of neurotrophin signaling, protein trafficking, and protein turnover. Most of these aspects were disclosed by the studies on FAD-related presenilin. In this review, we will focus on the current knowledge of many abnormal aspects of cellular lipids, especially glycosphingolipids other than a pathogenic Aβ production caused by the mutant presenilins as a model system. Moreover, we will discuss how these glycosphingolipids abnormalities cause the pathological conditions found in this disorder.
Keywords: Glycosphingolipids, ganglioside, presenilin, neurotrophin, Trk, lipid rafts, cholesterol, familial Alzheimer's disease
CNS & Neurological Disorders - Drug Targets
Title: Role of Glycosphingolipids and Therapeutic Perspectives on Alzheimers Disease
Author(s):Tatsuro Mutoh, Yoshio Hirabayashi, Takateru Mihara, Madoka Ueda, Hiroshi Koga, Akihiro Ueda, Takako Kokura and Hiroko Yamamoto
Affiliation:Department of Neurology, Fujita Health University School of Medicine, 1-98 Dengakugakubo, Kutsukake-cho, Toyoake, Aichi 470-1192, Japan.
Keywords:Glycosphingolipids, ganglioside, presenilin, neurotrophin, Trk, lipid rafts, cholesterol, familial Alzheimer's disease
Abstract: Alzheimers disease (AD) is a devastating neurodegenerative disorder dividing into two forms, early onset familial and late onset sporadic forms. Early onset genetic cases (familial AD (FAD)) constitute about 10% of all AD cases. Heretofore, highly fibrillinogenic and pathological Aβ peptide formation is regarded as the fundamental molecular basis for this disorder. Recent enormous efforts to find out a pathogenesis, however, have revealed that this disorder has a multiplicity of causes such as glycosphingolipids abnormalities, impairment of neurotrophin signaling, protein trafficking, and protein turnover. Most of these aspects were disclosed by the studies on FAD-related presenilin. In this review, we will focus on the current knowledge of many abnormal aspects of cellular lipids, especially glycosphingolipids other than a pathogenic Aβ production caused by the mutant presenilins as a model system. Moreover, we will discuss how these glycosphingolipids abnormalities cause the pathological conditions found in this disorder.
Tatsuro Mutoh, Yoshio Hirabayashi, Takateru Mihara, Madoka Ueda, Hiroshi Koga, Akihiro Ueda, Takako Kokura and Hiroko Yamamoto, " Role of Glycosphingolipids and Therapeutic Perspectives on Alzheimers Disease", CNS & Neurological Disorders - Drug Targets (2006) 5: 375. https://doi.org/10.2174/187152706777950710
Role of Mitochondrial Translocator Protein (18 kDa) on Mitochondrial- Related Cell Death Processes
Recent Patents on Endocrine, Metabolic & Immune Drug Discovery (Discontinued)
Conserved Domains, Residues, WebLogo and Active Sites of Caspase- Cascades Related to Apoptotic Signaling Pathway
Current Bioinformatics
Targeted Drug Delivery to Central Nervous System (CNS) for the Treatment of Neurodegenerative Disorders: Trends and Advances
Removing Protein Aggregates: The Role of Proteolysis in Neurodegeneration
Current Medicinal Chemistry
Treating Neurodegenerative Conditions Through the Understanding of Neuronal Apoptosis
Current Drug Targets - CNS & Neurological Disorders
The Future of Neuroregenerative Therapy for Parkinson's Disease
Current Tissue Engineering (Discontinued)
Editorial: Protein Kinases and their Inhibitors
Amyloidophilic Compounds for Prion Diseases
Infectious Disorders - Drug Targets
Mitochondrial Pharmaceutics: A New Therapeutic Strategy to Ameliorate Oxidative Stress in Alzheimer's Disease
Current Aging Science
Aβ Oligomers Induce Glutamate Release from Hippocampal Neurons
Current Alzheimer Research
Current Options and Future Possibilities for the Treatment of Dyskinesia and Motor Fluctuations in Parkinson's Disease
Molecular Manipulation Targeting Regulation of Dopaminergic Differentiation and Proliferation of Neural Stem Cells or Pluripotent Stem Cells
Clearance of Amyloid-β Peptide Across the Blood-Brain Barrier: Implication for Therapies in Alzheimers Disease
Curcumin, an Active Constiuent of the Ancient Medicinal Herb Curcuma longa L.: Some Uses and the Establishment and Biological Basis of Medical Efficacy
Commentary: The Effects of Psychological Stress on Microglial Cells in the Brain
Stem Cells in Stroke Repair: Current Success & Future Prospects
Overview of the Recent Advances in Pathophysiology and Treatment for Autism
Transdermal Drug Delivery Systems and their Potential in Alzheimer's Disease Management
Autoimmune Encephalitis: Current Knowledge on Subtypes, Disease Mechanisms and Treatment
TRP Channels: New Potential Therapeutic Approaches in CNS Neuropathies

redpajama_set_name: RedPajamaCommonCrawl


New ideas for hair and makeup aren't easy to come by and we can easily get stuck in a rut. That's why I always look forward to the Chanel makeup events at Bloomingdale's for a fresh new look.
National makeup artists fly all over the world to perform at Chanel runway shows and red carpet events. If you want the latest from Paris these guys are in the know!
Contour - Use Contouring powder to define the cheek bones and yes it must be contouring powder. I was mistakenly using bronzer which Kalyd pointed out is completely wrong. Bronzer is orange, specifically designed for a glowing sun kissed look, not contouring.
Cream Blush - During dry weather use cream blush instead of powder. There's no reason to add powder to already dry skin. The cream will help keep your skin moisturized.
Foundation Cream – I was using two foundations, one for evening heavy flawless coverage and another for a light daytime look. Smart, huh? Nope, my daytime foundation never provided enough coverage. The answer, use one foundation cream and simply apply more in those specific areas that need it. Now why didn't I think of that?
Blending Brush – I love smoky eyes and for that you need to blend, blend, blend…you can't over blend.
Melting Mascara or Eyeliner – The problem isn't makeup, it's your eye cream. Slick cream will cause mascara to run and eye shadow to crease. Use a daytime water or gel base eye cream and do not apply to the lid, only around the eye cavity.
It's impossible to retain all this information. Chanel sends you home with a guide so that you can recreated the same look at home, or attempt to anyways.
We intentionally did not touch up or filter these photos in anyway, this is just what great make up looks like!
Love this pink lip, perfect for spring.
We also got an excellent lesson in eyebrows! Where to start, where to stop and what color is best on you.
I've always been impressed with Chanel's National artists and Kalyd did not disappoint. This meeting was packed full of useful advice. There's no charge for a session by the way…they don't need to, you will be so thrilled with the results you will want to buy everything!
Check in with your nearest Bloomingdale's for the next Chanel Makeup Event. They are usually 3 to 4 times a year at the start of each season.


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Home Music Features Tupelo money
Tupelo money
New play looks at dealings in Elvis' humble birthplace
by Rick Cornell
Still bigger than the town he called home: Elvis in Tupelo
Paul Newell and Elvis Presley go way back: "I remember collecting Elvis cards as an 8-year-old in 1958. They were like baseball cards, you know, with the slab of bubble gum in the package," remembers Newell. "I had a really good and rare card of Elvis on a motorcycle. I was proud of it."
Not everyone shared Newell's feeling, though. The den mother of his Cub Scout pack said the picture and its star were ridiculous, and that Elvis was a bad influence. The Army was going to "fix" him, she said.
"His life and legacy personify so many dichotomies of America in the 20th century," says Newell. "There will always be something very triumphant, something poignant, and something tragic about Elvis Presley."
It's that legacy that drives Newell's play, Tupelo: To Elvis and the Town He Left Behind. No actor portrays Elvis in the play, but the Kinglarger than life when he walked (and changed) the earth and even larger in deathis arguably still the main character. The play, set in the present day, focuses on a group of fledgling entrepreneurs with high hopes and big plans for Elvis's humble birthplace. "I became fascinated by the Depression-era shack town Elvis came from and the music there that became such formative influences for the hybrid music we call rock 'n' roll," says Newell, who was inspired by Peter Guralnick's book, Last Train to Memphis: The Rise of Elvis Presley. As the play's tagline describes it, Tupelo investigates the collision of those influencesmusic, religion, race and moneyas a group of small-town Southerners dream of "transforming their backwater into a world-renowned cradle of rock 'n' roll."
Newell does tap Elvis' music for the play, using Elvis' songs during scene changes to comment on the events that just unfolded, an after-the-fact, swivel-hipped Greek chorus. "In one scene, a man and woman get together who shouldn't. So putting in 'Mess O' Blues' over the scene change was fun," he offers. "Or 'Money Honey' after one character sells out another."
Newell doesn't see Elvis as only the glory and excess of his myth. He has come to enjoy Elvis' gospel songs, and says he'd costar in Follow That Dream with Elvis, if anything. "It's the one film where he's more or less an average Joe, not out to prove anything, no hyped-up anger, and he's funny in a natural kind of way," says Newell. "I'd be, I don't know, someone he hung out with. He would laugh at my imitation of Sammy Davis Jr."
Still, his overall favorite Elvis memory remains one of the unfixable Elvis, a megawatt star who could dazzle and inspire the masses, small-town or otherwise. "[I love]in Jailhouse Rock where he kisses the lead woman and says, 'That's just the devil in me.' Then he gives her a smile that says it all," Newell says. "To me, it's the one moment in all of those films where James Dean, Marlon Brando, Sean Penn or whoever you can name had nothing on Elvis Presley."
That is, he'll trade you three Tom Cruises for one Elvis.
Tupelo: To Elvis and the Town He Left Behind premieres at The ArtsCenter Thursday, Nov. 8. The plays runs through Sunday, Nov. 11, and again Thursday, Nov. 15, through Sunday, Nov. 18. Sunday shows are at 3 p.m. and all others are 8 p.m. See www.artscenterlive.org for details about special events coinciding with the play, including a gospel night, an appearance by acclaimed Elvis tribute artist Keith Henderson, and a roundtable titled "Southern Writers Love Elvis and Fried Pickles" featuring Lee Smith and others.


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[Game Review] Knytt Stories
By Casey - December 8, 2010 - 13 comments Email article | Print article
This is my first post on dotTech as a dotTech author; I hope you enjoy it. Please consider leaving a comment, as it really makes my day and makes me feel as if I didn't waste my time.
Knytt Stories is a simplistic, yet intriguing platformer from Nifflas, a popular indie game developer who is most well known for his work on the Knytt franchise, Within a Deep Forest, and NightSky. Every once and a while you stumble across a game that defies all expectations and is one that you can hardly stop playing. Knytt Stories is one of these games: Clever, intuitive, expandable, replayable, and just plain fun. This game is less a game and more a work of art.
At first sight, Knytt Stories isn't much. There is a small screen with retro-looking "pixel" graphics, which looks the same regardless of it you run the game in full-screen or windowed mode. The controls are simple with the arrow keys to move, and the "s" key to jump (who would've thought of that!). The tutorial level has easy-to-follow instructions for any newbies to the game. However, as soon as you step into the first level, "The Machine", you may be a little lost because of how Knytt Stories works. Knytt Stories has a "puzzle" aspect to it, causing some players to be confused on how to advance to newer levels: Throughout the levels, you will need to collect certain power-ups in order to advance. These power-ups include the ability to run, to double jump, run on walls, float farther distances with an umbrella, and other cool skills that you can usually find only in video games (unless, of course, you are telling me you can float with an umbrella in real life). You will not be able to get far without locating and utilizing these power-ups; so getting lost is about the only drawback to Knytt Stories, and you find out about it rather quickly.
The controls are pretty easy to learn.
Initial Impression: 87/100 – Good
Knytt Stories Full Review
Knytt Stories is similar to other platform games. You run around, avoid enemies, and collect power-ups.
Collecting your first power-up, the ability to run
Finding power-ups is the only way to advance in the level, as the more that you have, the more places that you can go.
This wall would be impossible to pass without the power-up.
Unlike most other platformers, Knytt Stories revolves more heavily around exploration. You can frequently find yourself backtracking.
Backtracking reveals locations that were unreachable in the past. This is not one of them.
Enemies are also handled a little differently in Knytt. Instead of simply jumping on their heads to kill them (how boring!), you get to avoid their numerous attacks.
Avoid the spikes!
Later in the game, more difficult enemies shoot stuff at you, requiring the need to be fast on your feet.
Finally, in Knytt Stories, each level is a story (come on, you say that one coming). You follow a predefined path, picking up the story through the opening sequence, or through the dialog in the game. As long as you have new levels, which are constantly being made and shared by the users of KnyttLevels, you can be sure to never play the same level twice unless you want to, like I did. These gameplay features make Knytt unique, but could be frustrating to people who do not like to explore. For this reason, I give Knytt Stories a superb rating for gameplay, instead of a perfect score.
Gameplay: 97/100 – Superb!
The graphics are nothing too advanced; they are barely a step about the pixel graphics popular in the days of Nintendo Gameboy. Long story short, the pixel graphics will not appeal to everyone; so the graphics rating is very subjective and will vary on a person-to-person basis. However, viewing the graphics in the context of being pixel graphics, I feel that the game is enhanced by the graphics, and that the animations of the characters, the backgrounds, and the objects are all beautifully drawn. I understand that this will not appeal to everyone, but I think it is perfect.
Graphics: 100/100 – Perfect!
The audial aspect of Knytt Stories are soothing. Personally, because of the background music, I find playing this game helps me to relax. Even the sound effects, from the gentle ambient sounds of waterfalls (when you are near one) to the chirping of birds, enhance the playability. I personally enjoy the sound the player makes when she dies. I've jumped into several water pits just to hear the awesome "whoosh" that accompanies Juni's death. Cruel, I know, but it is only a game. You may find yourself doing the same. One last thing about the music is that it fits with the level (at least in the included levels). When your character is just exploring (and getting lost ), you hear a mournful, lonely piece. When the game is about to become intense with a lot of enemies, the music will change, intensifying your experience. I personally welcome the music and sounds and praise them with my highest honor, a perfect. (Of course anyone disliking the music and/or sound effects can turn them off.)
Sound: 100/100 – Perfect!
I have a few final notes about the game before I give my final rating. First is that this game will not be loved by everyone as I love it. Some aspects will be criticized. Others will be praised. It all depends on the person playing it. Second, the level that comes with the game, "The Machine" is BIG. You will be surprised with how many different "sublevels" you will encounter, along with the variety of enemies, tricks and turns, and exciting occurrences. The sublevels range from a dark cave that has the life sucked out of it by a mysterious machine, to a snowcapped wonderland high up above the rest of the land, and also an underwater factory which surprisingly takes a while to pass. These sublevels are all included in the same story, and you really have to step back for a moment, and admire the time that was spent creating this. Finally, you can't be too harsh about this game. It was created largely by one person (a few others assisted him in a few things), and it was done entirely in his spare time, without any thought of seeking profit. Enjoy that this is free, and will (hopefully) always remain free.
Final Score: 99/100 – Phenomenal!
Version reviewed: v1.2.1
Supported OS: Windows 2000 and higher, Ubuntu (with Wine), Nintendo DS Homebrew
Download size: 34.7MB (installer), 38.8(ZIP)
Price: Freeware ($0)
Note: Extra levels are available to download at http://knyttlevels.com/ (contributed to by the community) and at the official website (for official full-quality add-ons), in addition to levels that you can make yourself with the included level-builder.
Knytt Stories Homepage
[direct download (installer – v1.0.4)]
[direct download (zip – v1.2.1)]
TagsFreeware game knytt knytt stories
About Casey
Casey is one of the youngest authors on dotTech. He is currently working on another website, which will be released sometime in 2011.
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Startup's recent success tied to Penn State entrepreneurial ecosystem
UNIVERSITY PARK, Pa. — In the past year, State College-based Phospholutions has grown from seven to 20 employees, and recently raised $10.3 million in venture capital funding to support the development and growth of its RhizoSorb soil-enhancement technology across market segments and expand to global markets.
Phospholutions CEO Hunter Swisher began developing RhizoSorb as an undergraduate in the plant sciences program at Penn State. As part of an undergraduate research project, Swisher learned about the technology that had been developed and patented by one of his professors. Seeing the market potential for the technology, he worked with the Penn State Office of Technology Management to license the IP and launch Phospholutions.
"From the moment I learned about the technology in the classroom through the point of raising this round of financing, I have been supported by the incredible staff and organizations that make the Happy Valley entrepreneurial ecosystem what it is today," Swisher said. "The Happy Valley LaunchBox powered by PNC Bank was where Phospholutions transitioned from an idea to a real company. We utilized the Penn State Law Entrepreneur Assistance Clinic and IP Clinic for everything from forming an LLC to structuring employee contracts and commercial agreements, to terms and conditions language needed for our website."
Phospholution's RhizoSorb is a soil-enhancement product utilizing technology originally created in the Penn State College of Agricultural Sciences. With research showing more than half of fertilizer applied to soil is never actually utilized by plants, RhizoSorb aims to naturally improve nutrient retention, increase plant uptake, and ultimately reduce leaching and phosphorus waste.
"Our research over the past two years has shown, among many environmental benefits, a clear cost-savings for crops like corn and soybean through reducing phosphorus fertilizer use," said Swisher. "This year, we are focused on establishing a robust farmer network (think early adopters) to use RhizoSorb on hundreds to thousands of acres to collect the data and testimonials for launching commercially into the broad-acre crop market in 2022."
The recent investment round was led by Continental Grain Company Ventures and included new investment from Tekfen Ventures, Ag Ventures Alliance Cooperative, and an individual angel investor. It also included follow-on investments from Maumee Ventures, the venture capital subsidiary of The Andersons Inc., a diversified U.S. agribusiness, as well as Penn State-affiliated 1855 Capital and Ben Franklin Technology Partners.
"Phospholutions has the potential to solve systemic issues around fertilizer application in several key crops," said Continental Grain's Chris Abbott. "We are excited to partner with the Phospholutions team to help commercialize this technology globally, which we believe will positively impact key issues around soil health, water quality and grower profitability."
The capital from the latest investment round is allowing Phospholutions to conduct the research and field trial program, which involves testing varying RhizoSorb formulations in numerous crops, soil conditions, and application methods in regions across the U.S. and internationally.
"This investment provides the capital and the partnerships necessary to bring our company and technology to the next stage," Swisher said. "As a startup founder, there is no better outcome than being fully funded with the right partners who believe and support your vision. For us at Phospholutions, this investment round is just the beginning to making phosphorus use in agriculture more sustainable."
As an undergraduate developing Phospholutions, Swisher participated in the Invent Penn State Summer Founder's program, the Ben Franklin Technology Partners TechCelerator, the Happy Valley LaunchBox FastTrack Accelerator, and competed in the 2018 Invent Penn State Venture & IP Conference Tech Tournament, where he won first place and $75,000. More broadly, he leveraged economic development resources such as the Penn State Small Business Development Center (SBDC) and the Pennsylvania Technical Assistance Program (PennTAP).
"Over the last five years, I've been proudly labeled the biggest user of Invent Penn State resources," Swisher said. "We immersed ourselves in an ecosystem that allowed us to design a website, develop a brand, reach advisers and early adopters, and even raise nondilutive capital and meet investors. This doesn't even include the immense amount of knowledge and support that came from participating in the accelerator program and Summer Founder's program."
Swisher also tapped into the vast Penn State alumni network, conducting early product testing on numerous golf courses operated by Penn State turf management program alumni across the U.S. Phospholutions has now been selling RhizoSorb in the turf and ornamental market since 2018, but the startup has been working in the background to bring the technology to the larger market segment of broad-acre row crop production.
"As a very early investor and supporter of Phospholutions, Ben Franklin Technology Partners is thrilled that such an impressive group of knowledgeable investors has recognized the amazing potential of Phospholutions technology," said Stephen Brawley, president and CEO of Ben Franklin Technology Partners. "We believe it has the potential to positively affect the economics for farmers while improving the environment. The sooner that Phospholutions' team and strategic partners can get the technology deployed, the better!"
There is a lot in store in the coming year for Phospholutions, including the development of new formulations for RhizoSorb, expansion of its product line into new market segments, continuation of research and pilot projects, growth of its sales team to establish and support a growing distribution network, and preparation to eventually expand to an international market in the coming years.
Invent Penn State is a statewide initiative to spur economic development, job creation and student career success.
The Invent Penn State LaunchBox and Innovation Hub Network is made up of 21 hubs embedded in Penn State campus communities offering no-cost co-working space, makerspace, accelerator programs, pitch competitions, speaker series, access to experts and mentors, and legal and IP advice through Penn State Law clinics. Five years since opening, the Invent Penn State LaunchBox and Innovation Hub Network has supported 3,325 community entrepreneurs, created 194.5 jobs, and helped to launch 164 new Pennsylvania companies.
Source: Startup's recent success tied to Penn State entrepreneurial ecosystem | Penn State University
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Saud ibn Abd al-Aziz ibn Saud
*Abd al-Aziz ibn Saud
*Abd al-Rahman ibn Saud
*Muhammad ibn Saud
*Turki ibn Saud
*Fahd ibn Saud
*Sultan ibn Saud
*Abdallah
Saud ibn Abd al-Aziz ibn Saud was the grandson of the Amir Faisal ibn Turki, the seventh Imam of the Second Saudi State, who ruled the area of Najd from 1834 until 1838, and again from 1843 until his death in 1865. Although Faisal's eldest son Abdallah ibn Faisal was the legitimate successor, the second-born, Saud, fought his brother for control, and after Saud's death in 1875, his sons, and later his grandsons, continued intermittent hostilities against their cousins from their base in al-Kharj province.
Saud ibn Abd al-Aziz ibn Saud was born in 1878, the son of Wadhba bint Muhammad bin Hazzam al-Mana al-Hithlain, daughter of the sheikh of the Ajman Bedouin tribe. The family was extensively intermarried with the Ajman and the tribesmen were loyal supporters. After the fall of Riyadh in 1891 to the Al Rashid dynasty of Ha'il, who had benefited from the endless infighting among the sons of Faisal, Saud, along with his brothers and cousins, were captured by the Rashid and taken to Ha'il. They spent the next fifteen years in captivity but developed co-operative ties in the hope of some day recovery their position in Riyadh. During a battle in 1904 with Ibn Saud who had by this time retaken Riyadh and was consolidating a revived Saudi state, they were defeated and later recognized among prisoners in the enemy camp. For this reason they were given the sobriquet of al-Ara'if (from the Arabic root for "recognition"), a Najdi term used to refer to a camel which had been lost but subsequently regained by its owner. Although pledging loyalty to the Amir Abd al-Aziz, they revolted with their Ajman allies again and it was not until 1912 that Saud was finally defeated. Some of his cousins fled to the Hijaz, but Saud was granted a pardon and allowed to marry the sister of Abd al-Aziz, Nura bint Abd al-Rahman. From this point on he was a loyal friend and supporter.
Saud died in 1954. Because they trace their descent to the eldest surviving son of Faisal ibn Turki, the descendants of Saud are still considered to represent the senior line of the family.Fact|date=August 2007 Hence, they are known as the al-Kabir (senior) branch, and take ceremonially second place to all but the King.Fact|date=August 2007
The Buccaneers of Shadaki
Pat Thomas (linebacker)
Abd al-Aziz ibn Saud — (1953) Abd al Aziz ibn Saud (* 24. November 1880 in Riad; † 9. November 1953 in Taif; arabisch عبد العزيز ابن سعود, DMG ʿAbd al ʿAzīz ibn Saʿūd) war Gründer des modernen … Deutsch Wikipedia
Saud ibn Abd al-Aziz — Al Saud (arabisch سعود بن عبد العزيز آل سعود, DMG Saʿūd ibn ʿAbd al ʿAzīz Āl Saʿūd; * 15. Januar 1902; † 23. Februar 1969 in Athen) war König von Saudi Arabien von 1953 bis 1964. Inhaltsverzeichnis 1 Aufstieg … Deutsch Wikipedia
Abd al-Aziz — Abd al Aziz, auch Abdel Aziz bzw. Abdul Aziz ist der Name folgender Personen: Abd al Aziz (al Andalus) (8. Jahrhundert), Statthalter des Umayyaden Reiches in Spanien Abd al Aziz II. († 1434), Kalif der Hafsiden in Tunesien 1394–1434 Abd al Aziz… … Deutsch Wikipedia
Abd ar-Rahman ibn Abd al-Aziz — (arabisch عبد الرحمن بن عبد العزيز آل سعود, DMG ʿAbd ar Raḥmān b. ʿAbd al ʿAzīz Āl Saʿūd; * 1931) ist einer von 44 Söhnen des Königs Abd al Aziz ibn Saud und gehört, da seine Mutter Hasa bint Sudairi war, zu den sogenannten Sudairi Sieben … Deutsch Wikipedia
Abd al-Aziz ibn Muhammad — ibn Saud (arabisch عبد العزيز بن محمد بن سعود, DMG ʿAbd al ʿAzīz b. Muḥammad b. Saʿūd; * 1721; † 1803) war von 1765 1803 der zweite Herrscher der saudischen Dynastie. Abd al Aziz ibn Muhammad wurde schon zu Lebzeiten seines Vaters Muhammad … Deutsch Wikipedia
Saud I. ibn Abd al-Aziz — ibn Muhammad Al Saud (arabisch سعود الكبير بن عبد العزيز بن محمد آل سعود, DMG Saʿūd al kabīr ibn ʿAbd al ʿAzīz b. Muḥammad Āl Saʿūd; * 1759; † 1814) war Imam der Wahhabiten (1803–1814). Saud I. ibn Abd al Aziz übernahm mit 55 Jahren die… … Deutsch Wikipedia
Abd al-Rahman ibn Abd al-Aziz — (* 1931) ist seit 1978 saudischer Vizeverteidigungsminister. Er gehört der Fraktion der Sudairi Sieben an. Als erster der Söhne von Abd al Aziz ibn Saud studierte er im Westen. 1978 folgte er seinem Bruder Turki bin Abdul Aziz als… … Deutsch Wikipedia
Abd al-Aziz — es un nombre árabe que significa esclavo del Autosuficiente o servidor del Autosuficiente . Las transliteraciones son Abdul Aziz, Abulaziz, Abdolaziz y Abdelaziz (siendo esta última una forma tradicionalmente usada en castellano y por musulmanes… … Wikipedia Español
Abd al-Aziz ibn Saud — Saltar a navegación, búsqueda Abdelaziz bin Saud Obtenido de Abd al Aziz ibn Saud … Wikipedia Español
Abd al-'Aziz III ibn Saud — Saltar a navegación, búsqueda Abdelaziz bin Saud Obtenido de Abd al %27Aziz III ibn Saud … Wikipedia Español


A while ago I decided that it would be nice if I could host all the services that I "need" at home on some Docker host. While my NAS could run all those services, I didn't want to put the burden of running an increasing number of containers on that one box. Instead I started moving my containers onto my Raspberry Pi.
Having run that setup sucessfully based on HypriotOS, I was wondering if there were any affordable ARM based systems out there that could be better equipped for the task. And I found the Odroid-C2, which comes with a 64-bit quad-core processor, 2Gbyte of RAM, and Gigabit Ethernet. Most importantly, there was a HypriotOS version support the Odroid-C2 - at least that's what I thought.
As it turned out, the HypriotOS team did some initial work, but then stopped. The pre-build image that was available was missing a crucial piece of code - Docker itself. At least at the time they stopped their efforts, there was no good way to build an ARM64 version of Docker. Luckily for me, they had pushed everything to their GitHub Repository, so at least there was a decent starting point for me.
Initially I had hoped that I running image-builder-odroid-c2 as described would result in a working version of the image. In reality that didn't work and it took some days until I was able to properly boot the Odroid-C2 with a custom HypriotOS image. In retrospect, I am not sure if the problems I encountered were because the builder wasn't maintained or due to the (premature?) changes I had made to the build scripts.
Picking up rootfs-arm64-*.tar.gz as basis for the disk image.
Modifying the way the build process imports GPG keys. Probably non-critical, but it certainly helped with the diffing.
Adoption of changes to the test scripts.
All of that took a while but didn't get me much closer to my actual goal: running Docker on the Odroid-C2. That's what Part 2 will be about.


On December 21, 2012, ALJ David P. Shaw issued the public versions of Order Nos. 36 (dated June 19, 2012), 42 (dated July 17, 2012), 44 (dated July 20, 2012), 51 (dated August 15, 2012), 56 (dated August 20, 2012), and 57 (dated August 20, 2012) in Certain Microprocessors, Components Thereof, and Products Containing Same (Inv. No. 337-TA-781).
By way of background, the Complainant in this investigation is X2Y Attenuators, LLC (X2Y) and the Respondents are Intel Corporation; Componentes Intel de Costa Rica S.A.; Intel Malaysia Sdn. Bhd; Intel Products (Chengdu) Ltd.; Intel Products (Shanghai) Ltd.; Apple Inc.; and Hewlett-Packard Company (collectively, the "Respondents"). On December 14, 2012, ALJ Shaw issued a notice regarding the Initial Determination ("ID") holding: a violation of Section 337 has not occurred, certain claims of the 7,916,444 (the '444 patent) and 8,023,241 (the '241 patent) patents are invalid, and the domestic industry requirement was satisfied with respect to all asserted patents. See our December 18, 2012 post for more details.
On December 21, 2012, the International Trade Commission ("Commission") issued a notice of its determination not to review the Initial Determination ("ID") of Chief ALJ Charles E. Bullock finding no violation of Section 337 in Certain Computer Forensic Devices and Products Containing Same (Inv. No. 337-TA-799).
By way of background, the Complainant in this investigation is MyKey Technology Inc. ("MyKey") and the remaining Respondents are CRU Acquisitions Group LLC d/b/a CRU Data-Port LLC, Guidance Software, Inc., Guidance Tableau LLC, and Digital Intelligence, Inc. MyKey filed a complaint on July 22, 2011 alleging violation of Section 337 in the importation and sale of certain computer forensic devices and products containing same that infringe one or more claims of U.S. Patent Nos. 6,813,682; 7,159,086 and 7,228,379. See our August 26, 2011 post for more details.
On December 26, 2012, Speculative Product Design, LLC of Mountain View, California, d/b/a Speck, ("Speck") filed a complaint requesting that the U.S. International Trade Commission ( the "Commission") commence an investigation pursuant to Section 337.
The complaint alleges that En Jinn Industrial Co. Ltd. of Taiwan, Shengda Huanqiu Shijie of China, Global Digital Star Industry, Ltd. of China, JWIN Electronics Corp., d/b/a iLuv of Port Washington, New York, Project Horizon, Inc. d/b/a InMotion Entertainment of Jacksonville, Florida, Superior Communications, Inc. d/b/a PureGear of Irwindale, California, and Jie Sheng Technology of Taiwan (collectively, the "Proposed Respondents") unlawfully import and/or sell certain one-piece protective cases for portable handheld electronic devices that infringe one or more of claims 1–16 of U.S. Patent No. 8,204,561 (the '561 patent).
On December 21, 2012, the International Trade Commission (the "Commission") issued a notice and order in Certain Static Random Access Memories and Products Containing Same (Inv. No. 337-TA-792). In the notice, the Commission determined to review Chief ALJ Charles E. Bullock's October 25, 2013 initial determination ("ID") which found no violation of Section 337. Further, the Commission issued an order remanding the investigation back to ALJ Bullock.
By way of background, the Complainant in this matter is Cypress Semiconductor Corporation ("Cypress") and the remaining Respondents are GSI Technology, Inc. ("GSI"), Cisco Systems, Inc. ("Cisco"); and Avnet, Inc. ("Avnet"; collectively, the "Respondents"). The patents at issue in the investigation are U.S. Patent Nos. 6,651,134 (the '134 patent); 6,262,937 (the '937 patent); 7,142,477 (the '477 patent); and 6,534,805 (the 805 patent). See our July 26, 2011 post for more information about this investigation.
On December 21, 2012, Samsung Electronics Co., Ltd. of South Korea and Samsung Telecommunications America, LLC of Richardson, Texas (collectively, "Samsung") filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.
The complaint alleges that Ericsson Inc. of Plano, Texas and Telefonaktiebolaget LM Ericsson of Sweden (collectively, "Ericsson") unlawfully import into the U.S., sell for importation, sell within the U.S. after importation, service, and/or repair certain wireless communications systems and equipment used in those systems, such as wireless communication base stations, that infringe one or more claims of U.S. Patent Nos. 7,782,749 (the '749 patent), 8,165,081 (the '081 patent), 8,208,438 (the '438 patent), 8,228,827 (the '827 patent), 6,617,929 (the '929 patent), 6,767,813 (the '813 patent), and 6,865,682 (the '682 patent) (collectively, the "asserted patents").
On December 21, 2012, the International Trade Commission (the "Commission") issued a notice and order in Certain Devices for Improving Uniformity Used in a Backlight Module and Components Thereof and Products Containing Same (337-TA-805). In the notice, the Commission determined to review ALJ Theodore R. Essex's October 22, 2012 initial determination ("ID") which found no violation of Section 337. Further, the Commission issued an order remanding-in-part the investigation back to ALJ Essex.
By way of background, the Complainants in this matter are Industrial Technology Research Institute and ITRI International, Inc. (collectively, "ITRI") and the Respondents are LG Corporation, LG Electronics, Inc., and LG Electronics U.S.A., Inc. (collectively, "LG"). ITRI alleged that LG violated Section 337 by the importation and/or sale of LCD televisions and monitors that infringed claims 6, 9, and 10 of U.S. Patent No. 6,883,932 (the '932 patent). The subject matter of the '932 patent is an apparatus for improving uniformity used in backlight modules using light sources, a reflective housing, and at least one structured arc sheet. See our September 12, 2011 post for more details.
Further to our December 10, 2012 post, on December 21, 2012, ALJ Theodore R. Essex issued Order 7 in Certain Optoelectronic Devices for Fiber Optic Communications, Components Thereof, and Products Containing Same (Inv. No. 337-TA-860).
In the Order, ALJ Essex determined that the evidentiary hearing will commence on July 8, 2013. The Initial Determination is due on October 30, 2013 and the target date for completing the investigation is February 28, 2014 (approximately 16 months after institution of the investigation).
On December 21, 2012, Covidien LP of Mansfield, Massachusetts ("Covidien") filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.
The complaint alleges that Pajunk Medizintechnik GmbH of Germany, Pajunk Medizintechnologie GmbH of Germany, and Pajunk Medical Systems L.P. of Norcross, Georgia (collectively, "Pajunk") unlawfully import and/or sell certain balloon dissection devices and products containing the same that infringe one or more claims of U.S. Patent No. 6,312,442 (the '442 patent).
On December 20, 2012, Fellowes, Inc. of Itasca, Illinois and Fellowes Office Products (Suzhou) Co. Ltd. of China (collectively, "Fellowes") filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.
According to the complaint, the intellectual property at issue relates to the development and testing processes and engineering know-how necessary to manufacture Fellowes shredders. In particular, Fellowes refers to trade secrets embodied in its shredder development processes, bill of specifications, design tools, drawings, specifications, tolerances, manufacturing molds and tooling, quality control tests, "key learnings," and training materials. Fellowes also refers to the '859 and '048 patents, which cover various design features of Fellowes's shredders.


This idea is as useless and feckless as some approach to the sense that women should handle all of the housework. A couple should control finance with mutual understanding. This gives women confidence that she can handle things if her significant is not around because two minds are better than one.
As we know women are more emotional than men and tend to be more cautions and they have to stop it. Ignore the feelings that hold you back when it comes to money. Don't feel shy whether it's a new job any interview or conversation with a stranger or partner or any kind of investment opportunity. Just do it and be confident.
As we know women face many difficulties and they are tangled in many other issues but women have to think about the issues like making planning for retirement, making a budget and long-term financial planning that cannot be cut off and all this should be happen on time.
Women have to observe or notice their worth as an employee or entrepreneur. They have to consider themselves first and the customer/business second while setting prices even if they own their own business or work as an employee. They have to think what they need or what they want for themselves that is how you make your worth.
too timid to ask for a raise and no offense such people are replaced readily.
Look for perfect time and perfect opportunity.
days or have paid vacations.
Build trust on your boss.
prominent and whatever you say will be listened.
compared to geographical location. Get the raise you want.
card to assure you that you are saving up for college.
1.5%cash back. You must know that this card doesn't charge annual fee.
Coming in light of above.
debt and there'd be no use of getting such offers from these cards.
Paying off debt is one hell of a task especially when you are everywhere and operating multiple accounts which can be pretty hectic but with these 5 wonders your worries are just thin air while you handle at the palm of your hand.
MINT is the one app with every solution. From budgeting, bill management to calculating your spending the mint can do it all. In fact paying off the credit card debt is the other goal mint has to do.all you have to do is to link the credit card details and it'll help you pay off the debt in time.
Tally is a little upgraded because It not handles the debt management only. Tally actually extends a line of credit to you. It pays the most money towards your card with the highest interest rate and also pays minimum balance at the other credit cards. So instead paying to the creditors you can pay back line of credit through tally. You will need a minimum FICO score of 660, and to meet other eligibility requirements that you have to pay like most of the lines of credit.
This app is for those who have student loans which constitute about 50% of our population. For this it must be linked with your account . The app will round of your purchase to a nearest dollar and the difference is then added to your loan when the balance reaches to 100$.
This app is perfect for those who want to apply different strategies to pay off the debt.It emphasizes on snowball method but it also has other strategies which it offer according to the lifestyle.It offers calculators and notifications but unfortunately it is only available on iPhone.
This app helps you pay off debt by putting a schedule for you. Make a target when you'd like to pay off the debt and the app will tell you how much to pay every month.also have other option according to what's feasible to you. The app is best and exclusive for Android only.


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Ariana Grande, Cynthia Erivo to Star as 'Wicked' Goes to Cinemas
Pop star Ariana Grande and British actress Cynthia Erivo will soon be defying gravity in Universal's new big-screen adaptation of the Tony-winning musical.
Grande and Erivo will portray Glinda the Good and Elphaba, the Wicked Witch of the West, respectively, in Universal's big-screen adaptation of the Tony-winning musical helmed by "In the Heights" director Jon M. Chu. Chu has been attached to the project since February, following the departure of Stephen Daldry last October due to scheduling conflicts.
The stars announced their castings in respective Instagram posts on Thursday evening.
"Dear Cynthia, honored doesn't even begin to cover it. I cannot wait to hug you. See you in Oz," Grande wrote in a message to Erivo, sent with a pink and green floral arrangement (the signature colors of Glinda and Elphaba).
In one photo, the "Thank U, Next" singer is seen on a video call with director Jon M. Chu ("In the Heights," "Crazy Rich Asians") and her co-star Erivo.
Grande also shared a snap of the flowers Erivo sent her, which included a note that read, "'Pink goes good with green.' Congratulations Miss A, the part was made for you, I look forward to sharing this musical journey with you."
A post shared by Cynthia Erivo (@cynthiaerivo)
A post shared by Ariana Grande (@arianagrande)
Wicked tells the story of everything leading up to Dorothy's arrival in the Land of Oz. Idina Menzel and Kristin Chenoweth portrayed the lead roles of Elphaba and Glinda in the original Broadway musical. The show has resumed live performances on Broadway now that theaters there have begun to reopen.
Stephen Schwartz wrote both music and lyrics for the Broadway show, and he's adapting the screenplay with Winnie Holzman. Marc Platt, the same man who produced the Broadway musical, is set to also produce the film, so we know the show will be in good hands.
Ariana Grande is obviously hugely popular outside our genre, but if you had any questions as to whether she can handle the job, have a look at this. It's a performance of The Wizard and I, which she gave at the Wicked 15th Anniversary Enjoy this iconic performance of the musical's song 'The Wizard and I' as performed by Grande in 2018 for the Wicked 15th Anniversay.
Gene Turnbow
President of Krypton Media Group, Inc., radio personality and station manager of SCIFI.radio. Part writer, part animator, part musician, part illustrator, part programmer, part entrepreneur – all geek.
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President of Krypton Media Group, Inc., radio personality and station manager of SCIFI.radio. Part writer, part animator, part musician, part illustrator, part programmer, part entrepreneur - all geek.
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Earth is suddenly visited by water soluable coconut shells who are friendly but incomprehensible even though they all do bad impressions of William Shatner and can be destroyed by army, navy, air force, space force and/or marines .


One bedroom apartments in new and prestigious complex in the area Potamos Germasogeia. The complex has a swimming pool and children's playground. In walking distance of all the necessary infrastructure: the beach, cafes and restaurants, shops, a children's amusement park with rides and entertainment. Quiet and peaceful place, ideal for permanent living with the family. Distance from the sea 150 meters. Gym.