text:
Inherent Power Sanction: Stripping Pro Hac Vice Status (PHV) for Slipping Note to Witness — PHV as Property Right — Tossing Note = Spoliation — That Lawyer Was Corner-Cutting Before Relevant to Sanction (Good Quote)
Ryan v. Astra Tech, Inc., 2014 U.S. App. LEXIS 21628 (1st Cir. Nov. 14, 2014) (Kayatta, J.):
Attorney Jeffrey Ryan ("Ryan") appeals from the district court's revocation of his permission to practice pro hac vice for the plaintiff in the underlying lawsuit that gave rise to these proceedings.1 The district court revoked Ryan's pro hac vice admission after finding that he lied to the court about attempting to interfere with the deposition of his client. Finding no error, we affirm.
1 The parties consented to proceed before a magistrate judge pursuant to 28 U.S.C. § 636(c)(1). The magistrate judge thus had authority to "conduct any or all proceedings" in the matter, id., so we refer to relevant rulings as those of "the district court," or simply "the court."
The conduct that led to the revocation challenged on this appeal occurred during a deposition of Ryan's client by defense counsel on October 24, [*2] 2012. The deposition transcript shows that a half hour into the deposition, defense counsel asked Ryan's client, the plaintiff, about an interrogatory answer. After the plaintiff struggled for more than one minute to answer defense counsel's question, the following exchange between the attorneys took place:
[Defense counsel]: I would like the record to reflect Mr. Ryan is writing notes to his client while she is answering a question. If he wishes to prove that's not true rather than going on a rampage, he can turn back over the notepad that he just turned over, and he can show us all what he wrote on it. But I will, again, be bringing up to the court that he was writing on a notepad. And when I looked at him, he turned it over. It was clear that [the plaintiff's] eyes were looking at the notepad as well.
Mr. Ryan: Nothing that [defense counsel] said in that last statement was accurate. 100 percent false.
[Defense counsel]: Then I would request that you bring that notepad to the court and let the court look at it.
Defense counsel then asked the plaintiff while she was still under oath whether she had seen Ryan flip the notepad over. The plaintiff admitted that "[t]he notepad has been flipped [*3] over and reflipped over," and "I saw something in my peripheral vision." The plaintiff denied looking at the notepad. After further skirmishes, the deposition was suspended, with defense counsel announcing that she was calling the court.
After a forty-minute recess, Ryan and the plaintiff made statements on the deposition record. Ryan stated his position that defense counsel was wasting her allotted deposition time, and Ryan and the plaintiff both accused defense counsel of writing notes during prior depositions of the defendants. Ryan also announced that he was "prepared to show to the judge the notepad, which, as I accurately stated, only contains the information about the address of the courthouse which we're going to . . . later today."
A status conference with the district court had already been scheduled for 4:15 that afternoon to resolve unrelated deposition scheduling disputes. After the court addressed the scheduling issues, defense counsel described the notepad incident and made an oral motion for monetary sanctions, including costs for the court reporter and to have future depositions video-recorded.
Ryan began his rebuttal by showing the court a notepad that Ryan said was [*4] the notepad he had at the deposition. The only writing on the notepad was the address of the courthouse. Ryan denied that defense counsel saw him writing a note because defense counsel's binders on the table would have obstructed her view of his notepad. He accused defense counsel of writing notes to her clients during prior depositions. Ryan did admit to flipping the notepad over but maintained that he had only written the address of the courthouse on the notepad before doing so. When the court asked Ryan why he did not simply show defense counsel the notepad, Ryan at first answered that defense counsel did not ask to see the notepad, and if she had, he would have shown her: "All she had to do was ask. I would have handed it to her, your Honor. She did not ask to see it." In fact, the deposition transcript shows that opposing counsel did invite Ryan to turn the notepad over. Pressed on why he did not volunteer to show the notepad and resolve the dispute, Ryan stated that he was "deeply offended" and accused defense counsel of whispering to deposition witnesses.
The district court then heard testimony from the deposition's court reporter. She testified that Ryan wrote something on the [*5] notepad and moved it toward his client, the plaintiff. He then flipped the notepad over when accused by defense counsel. The court reporter could not read what Ryan had written, but she could see that there were two distinct pieces of writing on the notepad, one at the top and one further down the page. She recalled that, after the deposition was suspended, Ryan left the room with the notepad for less than a minute. When he returned, he held the notepad up, made some sort of offer that it was available for viewing, and placed it on the table. The court reporter was unsure whether defense counsel heard Ryan's announcement or looked at the notepad.
Most significantly, the court reporter testified that the writing on the notepad that Ryan placed on the table after reentering the room was not the same as the writing on the notepad that he had moved toward the plaintiff during the deposition. It was missing a few words or a sentence that had appeared under the writing at the top of the notepad. Likewise, the court reporter testified that the notepad that Ryan showed the court during the hearing was similarly missing the writing that was on the notepad that he had moved toward his client [*6] during the deposition.
The plaintiff also testified. She denied that she looked at the notepad on the table while a question was pending. She confirmed that Ryan flipped the notepad over after defense counsel went on the record about the notepad. She also opined that the court reporter could not have seen what was on the notepad because the reporter continued transcribing during the incident. The plaintiff had "no idea" what Ryan had taken out of the room when he left the deposition room. She did testify that Ryan showed her the notepad before he left the room and the notepad contained the courthouse address.
At the end of the hearing, defense counsel made an oral motion to revoke Ryan's pro hac vice admission because the court reporter's testimony showed that he had offered false evidence to the court. The court denied the motion without prejudice but told defense counsel that she could renew it in writing, after which "[Ryan] has an opportunity to respond to it."
One week later the district court issued an order granting defendants' motion for discovery sanctions. The district court found the court reporter's testimony "wholly credible" and not undermined by the plaintiff's testimony. [*7] 2 Siupa v. Astra Tech, Inc., No. 10-10525-LTS, 2012 WL 5385681, at *6-7 (D. Mass. Oct. 31, 2012). The court made the following specific findings of fact:
Mr. Ryan wrote something on his legal pad while the Plaintiff struggled to answer a question, pushed the pad toward his client, and then flipped it over to shield it from defense counsel's view. Immediately thereafter, Mr. Ryan failed to do what the Court would expect a lawyer to do in this circumstance: either show the legal pad to defense counsel when she stated her beliefs, or place the pad in a sealed envelope (if, for instance, it contained privileged information), taking steps to memorialize either action on the record during the deposition . . . . Instead, Mr. Ryan, in a patently false statement, denied having taken the actions defense counsel (and the court reporter) had witnessed. When the deposition was temporarily suspended, he took the legal pad, left the room, somehow disposed of the relevant writing, and returned. He later made another false statement on the record, before the parties left defense counsel's conference room, regarding the content of the writing on the legal pad.
. . . [A]t the hearing before this Court, Mr. Ryan again falsely denied his actions and knowingly presented [*8] as evidence a legal pad that he had intentionally altered.
Id. at *7.
2 Although the court found the plaintiff credible, when she testified about the contents of the notepad "her demeanor reflected that her answer was tentative, and she already had admitted she was under stress at the time based on the manner in which her deposition was suspended." Siupa v. Astra Tech, Inc., No. 10-10525-LTS, 2012 WL 5385681, at *7 (D. Mass. Oct. 31, 2012).
In short, the district court found as a matter of fact that Ryan attempted to communicate surreptitiously with his client while a question was pending at a deposition, that Ryan manufactured false evidence, and that Ryan lied to the court. The court put these findings in the context of Ryan's prior conduct during the case. This conduct included adding a jury demand to a filed amended complaint after obtaining opposing counsel's assent and the court's permission to file an amended complaint without a jury demand, disobeying a court order about discovery, attaching personal and irrelevant information as exhibits to a hearing request, and threatening to embarrass a defendant's wife. The court ordered Ryan to pay monetary sanctions consisting of fees and costs for litigating the motion for sanctions, the court reporter's [*9] time, and videotaping the plaintiff's and all subsequent depositions. The court also directed Ryan to show cause why it should not revoke his pro hac vice admission for flagrant violations of the Massachusetts Rules of Professional Conduct. Id. at *1, *8; Mass. R. Prof'l Conduct 3.3(a)(1) & (4), 3.4(a) & (b), 4.1(a). The court gave Ryan two weeks to file a response and, at Ryan's later request, a one week extension.
Ryan's response to the show cause order totaled more than 100 pages, including a memorandum of law, his declaration, the plaintiff's declaration, the declaration of a paralegal who worked with Ryan, results from a polygraph exam Ryan took with questions about the notepad, excerpts from deposition transcripts that Ryan argued showed defense counsel coaching witnesses, and several other exhibits. Soon after filing his response, Ryan also filed a motion for reconsideration of the monetary sanctions the court had already imposed, arguing that "new evidence ha[d] been presented" in his response to the show cause order that undermined the court's factual findings. After the defendants' opposition filing, Ryan filed a sur-reply. Neither side requested that the court take any additional testimony, [*10] hold oral argument, or follow any particular procedures.
After conducting a de novo review of the entire record in the case, including testimony during the October 24 hearing and Ryan's filings in response to the show cause order, the district court again found that Ryan lied to the court and opposing counsel and submitted false evidence. The court observed that our circuit has not set standards for the revocation of pro hac vice status once it has been granted. The court decided to apply the general due process requirements discussed in Johnson v. Trueblood, in which the Third Circuit concluded that "some type of notice and an opportunity to respond are necessary when a district court seeks to revoke an attorney's pro hac vice status." 629 F.2d 302, 303 (3d Cir. 1980). The court concluded that the order to show cause sufficed as notice and that Ryan had adequate opportunity to be heard in his substantial written filings. On December 18, 2012, the district court issued an order revoking Ryan's pro hac vice admission and denying the motion for reconsideration of the monetary sanctions. Siupa v. Astra Tech, Inc., No. 10-10525-LTS, 2012 WL 6622492, at *8 (D. Mass. Dec. 18, 2012).
At a subsequent January 16, 2013, status conference, Ryan, now represented by his own attorney, [*11] voiced to the district court due process concerns about the revocation of his pro hac vice admission. In particular, Ryan asked the court either to grant another evidentiary hearing or to strike the sanctions because of the potential adverse consequences the revocation could have for Ryan's legal career. The court gave Ryan leave to make yet another filing in order to spell out a request for different punishment or an additional evidentiary hearing:
To the extent you want me to reconsider, if you will, the consequence or the punishment I impose, or you wish me to reopen it for a hearing, then file a short motion explaining to me what the different issues are and why you think I should do it, and if I reopened it or had a further hearing, what it would be about and who would testify and why it would be a useful expenditure of time.
In response, Ryan filed a memorandum of law that asserted that the court denied Ryan notice and an opportunity to be heard in violation of his due process rights and the sanctions were disproportionate to the alleged misconduct. His filing ended with a request for a hearing ("Ryan requests a hearing"), but it contained no detail about who the witnesses would [*12] be, what they would testify about, or why a hearing "would be a useful expenditure of time."3 Ryan also objected that he did not have prior notice that the finding that he wrongfully inserted the jury demand into the amended complaint was a potential ground for revocation of his pro hac vice admission. Ryan did not attempt to controvert the finding itself.
3 The closest Ryan came to proposing testimony to be offered at a hearing was in his argument that the October 24, 2012, hearing was deficient: "[Ryan] should have been accorded at least notice of the purpose of the October 24, 2012 hearing and a separate opportunity to be heard, to confront his accuser, and even possibly to testify." Given notice and a chance to prepare, Ryan asserted that he could have prepared direct and cross examinations of the court reporter and the plaintiff, obtained photographs and a reconstruction of the deposition table to "analyze[] the lines of sight of the witnesses, a key factor in their testimony," obtained separate counsel, and called defense counsel as a witness. In fact, the record is undisputed that Ryan knew at least four hours beforehand exactly what the subject of the October 24 hearing would be--his [*13] behavior at the deposition--and he did not seek any greater opportunity to prepare for that hearing.
On February 5, 2013, the district court denied Ryan's requests for reconsideration and a hearing. Siupa v. Astra Tech, Inc., No. 10-10525-LTS, 2013 WL 450149, at *3 (D. Mass. Feb. 5, 2013). The court concluded that no due process violation occurred and Ryan failed to justify another evidentiary hearing. As for the amended complaint, the court noted that Ryan must have known that the complaint was at issue because he addressed it in his initial response to the show cause order. Ryan now appeals the revocation of his pro hac vice admission and the imposition of monetary sanctions,4 neither of which was mooted by the eventual settlement of his client's claim. See Obert v. Republic W. Ins. Co., 398 F.3d 138, 143 (1st Cir. 2005) (potential damage to attorneys' reputations from findings of ethical violations was sufficient to avoid mootness).
4 Ryan filed a joint notice of appeal with the plaintiff after the defendants prevailed in the underlying employment discrimination case. The joint notice of appeal announced Ryan's intention to "appeal[] the revocation of his pro hac vice admission to the United States District Court, District of Massachusetts, by Chief Magistrate Judge Leo T. Sorokin, on October 31, [*14] 2012, reconsideration denied, on December 18, 2012, in the above entitled case." Although it would have been preferable for Ryan to file a separate notice of appeal challenging the sanctions order, we nonetheless have jurisdiction over Ryan's appeal from the revocation of his pro hac vice admission. See In re Plaza-Martínez, 747 F.3d 10, 13 (1st Cir. 2014).
Ryan's intent to appeal the monetary sanctions order is not so clear. He seeks in a supplemental letter brief to clarify that he also appeals the order imposing monetary sanctions. We have an "oft-stated policy of affording liberal construction" to the notice requirement in Federal Rule of Appellate Procedure 3. Id. Both orders referenced in the joint notice of appeal concerned the monetary sanctions as well as Ryan's pro hac vice admission. These references, along with our policy of liberal construction, are enough for us to assert jurisdiction over Ryan's appeal of the monetary sanctions. See Fed. R. App. Proc. 3(c)(1)(B) ("The notice of appeal must . . . designate the judgment, order, or part thereof being appealed.").
II. Standard of Review
Although the district court did not explain the basis of its authority to revoke Ryan's pro hac vice admission, it relied on the district court's inherent power to sanction. See Chambers v. NASCO, Inc., 501 U.S. 32, 43 (1991) (federal courts have inherent [*15] power "to discipline attorneys who appear before it"). We review the imposition of a sanction pursuant to the court's inherent power for an abuse of discretion. United States v. Agosto-Vega, 731 F.3d 62, 64 (1st Cir. 2013); see also In re Cordova-González, 996 F.2d 1334, 1335 (1st Cir. 1993)(per curiam)(reviewing disbarment for abuse of discretion). Importantly, we accept all findings of fact unless clearly erroneous. F.A.C., Inc. v. Cooperativa de Seguros de Vida de P.R., 563 F.3d 1, 6 (1st Cir. 2009).
III. Analysis
We begin with the obvious. Trial courts have ample authority pursuant to Fed. R. Civ. P. 30(d)(2) to impose sanctions "on a person who impedes, delays, or frustrates the fair examination of the deponent." The rule itself spells out no specific procedure, but the procedure the district court followed at the request of both counsel is standard: counsel suspended the deposition to bring the issue to the court, and the court heard arguments from both counsel, took testimony and evidence as reasonably proffered, and later issued a decision imposing monetary sanctions. Under Rule 30(d)(2), this procedure was unassailable, and Ryan offers no precedent suggesting otherwise. Ryan does correctly argue that monetary sanctions of this type are more fair when accompanied by notice and an opportunity to be heard. See Agosto-Vega, 731 F.3d at 66 ("[T]he sua sponte issuance of a sanction order, staking out a view and judgment without any warning or opportunity [*16] to be heard, increases the likelihood of error and the appearance of unfairness."). Here, though, the sanctions were issued at the request of a party, and Ryan was heard before any decision was made. The issue, too, was quite simple, and turned entirely on the testimony of four people, all of whom were present at the hearing.
Unable to assail the procedures followed by the district court in resolving the discovery dispute with an award of sanctions, Ryan raises three challenges to the court's revocation of his pro hac vice admission. First, he argues that the district court failed to follow the procedure for attorney discipline in District of Massachusetts Local Rule 83.6. Second, he argues that the procedure the court did follow violated his due process rights. Finally, Ryan challenges the court's decision on the merits by arguing that there was insufficient evidence to support the fact findings upon which both the revocation of his pro hac vice admission and the preceding discovery sanctions were predicated. We address each challenge in turn.5
5 Ryan does not actually challenge in his brief the award of monetary sanctions per se. The only argument Ryan devotes to the issue is a short statement in his [*17] reply brief that the notice of appeal also included the monetary sanctions. See Rodríguez v. Municipality of San Juan, 659 F.3d 168, 175 (1st Cir. 2011) ("It should go without saying that we deem waived claims not made or claims adverted to in a cursory fashion, unaccompanied by developed argument."). Even if Ryan had not waived this claim, however, we would find the monetary sanctions proper for the same reasons we find the revocation of his pro hac vice admission proper.
A. Applicability of the Local Rules governing attorney discipline
Ryan argues that the district court failed to follow two provisions of the district court's local rule governing disciplinary proceedings. See D. Mass. Local R. 83.6(4), (5). The first provision provides that "[f]or misconduct defined in these rules, and for good cause shown, and after notice and opportunity to be heard, any attorney admitted to practice before this court may be disbarred, suspended from practice before this court, reprimanded or subjected to such other disciplinary action as the circumstances may warrant." D. Mass. Local R. 83.6(4)(A). Misconduct includes "[a]cts or omissions . . . that violate the ethical requirements and rules concerning the practice of law of the Commonwealth of Massachusetts." D. Mass. Local R. 83.6(4)(B). The court fully complied with Local Rule 83.6(4) before revoking [*18] Ryan's admission to practice before the court. Ryan received notice in the order to show cause informing Ryan that the court was considering revoking his pro hac vice admission based on two and a half pages of factual findings describing Ryan's "serious misconduct."
Ryan also had sufficient opportunity to be heard. The district court gave Ryan all the time he requested in order to file a response to the order to show cause. Ryan took advantage of this opportunity to file declarations, exhibits, and argument. The court also entertained a motion for reconsideration challenging the monetary sanctions and a "sur-reply" to Astra Tech's filing in support of the revocation and monetary sanctions. The court even allowed Ryan, through counsel, to file an additional memorandum continuing to re-argue the issues even after entry of the order revoking Ryan's pro hac vice status. These filings provided Ryan ample opportunity to contest the proposed revocation.
The second local rule Ryan relies on sets out a more detailed referral and hearing procedure for court-initiated attorney disciplinary proceedings. D. Mass. Local R. 83.6(5). The rule states in relevant part that
When misconduct or allegations of misconduct [*19] that, if substantiated, would warrant discipline as to an attorney admitted to practice before this court, is brought to the attention of a judicial officer, whether by complaint or otherwise, and the applicable procedure is not otherwise mandated by these rules, the judicial officer may refer the matter to counsel for investigation, the prosecution of a formal disciplinary proceeding or the formulation of such other recommendation as may be appropriate.
D. Mass. Local R. 83.6(5)(A). If the independent counsel decides that formal disciplinary proceedings are appropriate, the court may issue an order for the respondent-attorney to show cause why the attorney should not be disciplined. D. Mass. Local R. 83.6(5)(C). If the respondent-attorney raises "any issue of fact" or "wishes to be heard in mitigation," then the chief judge "shall set the matter for prompt hearing before three (3) judges of this court." D. Mass. Local R. 83.6(5)(D). The complaining judge may not sit on this panel. Id.
Local Rule 83.6(5) does not unambiguously indicate whether it is a mandatory or discretionary procedure for disciplining an attorney. The rule's language that the district court "may" refer the matter to independent counsel suggests that the rule's disciplinary procedure is merely [*20] an option available to the district court and not a prescribed course of action. Certainly the district court possesses inherent authority to levy sanctions and control who may appear before it. See Chambers, 501 U.S. at 42-46; Agosto-Vega, 731 F.3d at 64. It seems unlikely that the Massachusetts district court intended to restrict the exercise of its broad and important inherent authority so significantly and cumbersomely without doing so expressly and unambiguously.6 In fact, the Local Rules expressly preserve the district court's inherent power to sanction attorneys appearing before it. See D. Mass. Local R. 83.6(11)(A) ("Nothing contained in these rules shall be construed to deny to the court such powers as are necessary for the court to maintain control over proceedings conducted before it . . . ."). In at least one instance, the district court itself has expressed doubt about whether referral to bar counsel is always "effective and efficient" and treated the procedure as discretionary. United States v. Jones, 620 F. Supp. 2d 163, 177 (D. Mass. 2009) (stating intention to instead rely on criminal contempt authority pursuant to 18 U.S.C. § 401 and Fed. R. Crim. P. 42(a) to sanction prosecutors who withhold exculpatory evidence); see also United States v. Roberts, 978 F.2d 17, 20 (1st Cir. 1992) ("A district court possesses great leeway in the application and enforcement of its local rules."). Further, an interpretation [*21] that the extensive procedure in Local Rule 83.6(5) is mandatory would make superfluous the more general "notice and opportunity to be heard" requirement in Local Rule 83.6(4) for disciplining an attorney for misconduct.
6 Other district courts in the First Circuit have chosen to make referral to independent or bar counsel expressly mandatory. See, e.g., D. Me. Local R. 83.3(e)(1) ("[T]he Judge shall refer the matter to counsel for investigation and the prosecution of a formal proceeding or the formulation of such other recommendation as may be appropriate.").
On the other hand, it also seems unlikely that the district court would create such a detailed and resource-intensive procedure if individual district court judges could decline to follow it. And, once the judicial officer triggers the Local Rule 83.6(5) procedure by referring the matter to independent counsel, the rest of the steps in the process appear to be mandatory.
In the end, we need not decide this question because Ryan never asked the district court to follow the Local Rule 83.6(5) procedure. Ryan did not so much as mention the relevant local rule in any of his district court filings or appearances, his voluminous response to the order to show cause, or his sur-reply. Even after he retained counsel, counsel too made [*22] no belated request or argument that the rule's procedure be invoked. Ryan had ample opportunity to argue below that Local Rule 83.6(5) dictated a specific procedure, but he failed to do so.
We therefore review the district court's alleged failure to follow Local Rule 83.6(5) for plain error. See Tasker v. DHL Retirement Sav. Plan, 621 F.3d 34, 40-41 (1st Cir. 2010). To overcome plain error review, Ryan must show "(1) an error occurred (2) which was clear or obvious and which not only (3) affected [Ryan's] substantial rights, but also (4) seriously impaired the fairness, integrity, or public reputation of the judicial proceedings." Id. (internal quotations omitted). Given the lack of clarity that we have already discussed concerning whether the rule's procedure must always be invoked in such cases, we cannot find the failure to follow the procedure in the local rule clear or obvious error. Nor has Ryan given us reason to believe that the outcome of his case would have been any different if the district court had followed the local rule procedure. Ryan has therefore failed to establish plain error.
B. Alleged due process violations
That brings us to Ryan's more general challenge that the district court violated his right to procedural due process under the Fifth Amendment. In particular, Ryan claims that [*23] he was entitled to prior notice, an opportunity to be heard, and an evidentiary hearing. We have not yet decided whether an attorney's pro hac vice admission is a property interest protected by due process, and, if so, what procedural safeguards due process requires before the district court may revoke that admission. We need not answer these questions today, however, because the district court afforded Ryan each of the procedural protections to which he claims he was entitled.7
7 Other circuits have concluded that attorneys admitted pro hac vice are entitled to notice and an opportunity to be heard before the court revokes their admission. See Belue v. Leventhal, 640 F.3d 567, 577 (4th Cir. 2011) ("[O]nce [pro hac vice] status is granted, attorneys must receive some modicum of due process before it is revoked.") (collecting cases); Lasar v. Ford Motor Co., 399 F.3d 1101, 1112 (9th Cir. 2005) ("[W]e have held that a district court need only provide notice and an opportunity to be heard before revoking an attorney's pro hac vice status."); Johnson, 629 F.2d at 303 ("[W]e believe that some type of notice and an opportunity to respond are necessary when a district court seeks to revoke an attorney's pro hac vice status."). These courts have declined to require additional procedural safeguards. See Belue, 640 F.3d at 577 ("While courts are generally in agreement [*24] that pro hac vice attorneys must receive notice of the specific grounds for revocation and a meaningful opportunity to respond, none have been willing to extend due process protections beyond those baselines."). We have reached the same conclusion for attorneys facing disbarment. In re Cordova-González, 996 F.2d 1334, 1336 (1st Cir. 1993) (per curiam) ("[T]he due process rights of an attorney in a disciplinary proceeding do not extend so far as to guarantee the full panoply of rights afforded to an accused in a criminal case. Rather, an attorney facing discipline is entitled to procedural due process, including notice and an opportunity to be heard." (internal quotations and citations omitted)).
To the extent due process required prior notice and an opportunity to be heard, those requirements mirror those in Local Rule 83.6(4) and were satisfied by the October 31 order to show cause and the opportunities to file several written responses in the district court. This is not a case in which the district court disciplined an attorney without warning or a chance to explain alleged misconduct. Cf. Plaza-Martínez, 747 F.3d at 14 (reversing sanctions when "[t]he district court acted here without giving the appellant any notice that it was considering sanctions or any opportunity to tell her side of the story"); [*25] Lasar, 399 F.3d at 1113 (due process violation when district court imposed lifetime ban on attorney's pro hac vice appearance and show cause order did not clearly raise ban as a possibility). Nor is this a case in which the court sanctioned conduct that was not obviously sanctionable. Cf. Agosto-Vega, 731 F.3d at 65 (district court cannot "sanction counsel for defying the court's unstated expectations").
Ryan's assertion that the court was somehow required to notify him that it was considering revocation before the October 24, 2012, evidentiary hearing confuses the imposition of monetary sanctions under Fed. R. Civ. P. 30(d)(2) and the revocation of his pro hac vice admission for misconduct under Local Rule 83.6(4). The evidentiary hearing on October 24, 2012, was about monetary sanctions for deposition misconduct under Fed. R. Civ. P. 30(d)(2) brought to the court's attention on oral motion by defense counsel. At that hearing, and without objection by Ryan, the court did exactly what any court would do in such a situation: it heard out all counsel, accepted the evidence offered by each counsel, and then decided what happened at the deposition. There was nothing wrong with this procedure.
Nor was it improper for the court to consider its factual findings adopted in resolving the discovery dispute [*26] when subsequently deciding to revoke Ryan's admission. Courts regularly rely on fact findings from an earlier proceeding when the principles of issue preclusion apply. See, e.g., Negrón-Fuentes v. UPS Supply Chain Solutions, 532 F.3d 1, 7-8 (1st Cir. 2008); González-Piña v. Rodríguez, 407 F.3d 425, 430 (1st Cir. 2005). And Ryan makes no argument that those principles do not support such reliance here. Moreover, the record here shows that the court allowed Ryan to file any additional evidence that he wished to file, considered that evidence, and reconsidered its prior findings de novo. Ryan, in turn, requested no further hearing before the court ruled. Nor can we fault the district court for rejecting the later belated and perfunctory request for a further hearing. When Ryan's counsel orally requested an evidentiary hearing at a motion hearing one month after the revocation order, the court invited Ryan to submit his request in writing and describe the evidence he expected to produce during the hearing. Ryan failed to follow the court's instructions and instead submitted an eleven-page memorandum of law with no responsive description. We find no error in the denial of Ryan's perfunctory request.
To the extent Ryan also argues that due process required the judge to recuse himself or refer the pro hac vice matter to another [*27] judge, Ryan is incorrect. This is not a case in which the cause for the disciplinary action taken by the judge is a personal attack on that judge in circumstances in which reasonable observers might regard the judge as having lost the ability to remain detached. See Mayberry v. Pennsylvania, 400 U.S. 455, 465-66 (1971). Rather, this is a case in which the judge, in finding facts necessary to resolve a discovery dispute, determined that those same facts likely warranted further ramifications, gave Ryan several attempts to show otherwise, and then deliberatively addressed and resolved the matter in a manner that was hardly surprising or disproportionate. See Liteky v. United States, 510 U.S. 540, 555 (1994) ("[O]pinions formed by the judge on the basis of facts introduced or events occurring in the course of the current proceedings, or of prior proceedings, do not constitute a basis for a bias or partiality motion unless they display a deep-seated favoritism or antagonism that would make fair judgment impossible."). Nor, finally, could Ryan shop for judges simply by suggesting in his briefing on the pro hac vice matter that the judge was biased. See Isaacson v. Manty, 721 F.3d 533, 536, 539-40 (8th Cir. 2013) (holding no obvious error occurred when judge did not sua sponte recuse herself from contempt proceeding against party who accused the judge "of [*28] bigotry, prejudice, and conspiracy").
In sustaining the process afforded Ryan here, we are not saying that process does not matter. It does, and courts should take care before levying a sanction as serious as pro hac vice revocation. See Agosto-Vega, 731 F.3d at 66 (reversing a sanction order and noting "the importance of care and circumspection in the exercise of the court's inherent sanction power"). We are saying, instead, that the process was robust with many opportunities for Ryan to present evidence and dispute the facts and the punishment. That he did not timely ask for additional process below underscores the adequacy of the district court's procedure.
C. Sufficiency of the evidence to support the sanctions
We turn finally to Ryan's challenge on the merits of the district court's rulings. He argues that there was insufficient evidence of his misconduct and that the sanctions were disproportionate to any wrongdoing. Ryan directs us to authority from other circuits for the proposition that the standard of proof in attorney disciplinary proceedings ought to be clear and convincing evidence. See, e.g., Sealed Appellant 1 v. Sealed Appellee 1, 211 F.3d 252, 254 (5th Cir. 2000) ("[A]ttorney discipline proceedings require proof only by clear and convincing evidence."). But see In re Barach, 540 F.3d 82, 85 (1st Cir. 2008) ("[T]he use of a preponderance [*29] of the evidence standard in bar disciplinary proceedings does not offend due process."). He cites no controlling First Circuit authority, nor can we find any. We need not decide today whether the district court should have used an elevated standard of proof because there was clear and convincing evidence to support the court's findings of Ryan's misconduct.
The most serious instances of Ryan's misconduct are compellingly supported by the court reporter's testimony that a notepad Ryan slid toward the witness had a note in addition to the courthouse address. If the court reporter was correct, then Ryan lied to the court and submitted falsified evidence during the evidentiary hearing when he denied writing a note and offered a notepad without the writing that the court reporter had seen. The court found the court reporter "wholly credible." Ryan now responds by characterizing the court reporter's testimony as "addled" and "rife with interruptions, confusion, and contradictions," but the court disagreed and "[d]istrict court determinations of credibility are of course entitled to great deference." Jennings v. Jones, 587 F.3d 430, 444 (1st Cir. 2009). The court reporter may have been nervous after finding herself in the unusual position of testifying, [*30] but we see no basis in the transcript of her testimony to conclude that her testimony was unreliable. The court reporter testified consistently that Ryan wrote something on his notepad and pushed it toward his client while a question was pending, flipped the notepad over when defense counsel accused him on the record, left the deposition room with the notepad for less than a minute after the deposition was suspended, reentered the room, and announced that the notepad was available for examination. Most important, she testified consistently that the top sheet of the notepad contained two distinct pieces of writing before Ryan left the room but only one piece of writing when he reentered, and that the altered notepad was the one Ryan showed the court.
Ryan makes much of the court reporter's admission that she could not read the note Ryan wrote on the notepad or tell whether Ryan's client could read his note, but in doing so he entirely misses the point. The court revoked Ryan's pro hac vice status primarily because he lied and presented false evidence. And in assessing Ryan's conduct in this context, it matters little whether his client actually read the note. See In re BellSouth Corp., 334 F.3d 941, 951 (11th Cir. 2003) ("A court's inherent [*31] power to disqualify an attorney . . . is rooted in concern for the integrity of the judiciary and the public's perception thereof. It does not further those ends to punish only successful attempts at tampering with the judicial process . . . ."). Moreover, given the supported finding that he lied, it follows that he destroyed the only evidence of what he actually wrote on the notepad. Hornbook spoliation principles dictate an adverse inference that he did attempt to coach his witness. See Blinzler v. Marriott Int'l, Inc., 81 F.3d 1148, 1158-59 (1st Cir. 1996) ("When a document relevant to an issue in a case is destroyed, the trier of fact sometimes may infer that the party who obliterated it did so out of a realization that the contents were unfavorable.").
Ryan's account of the events and his actions during the deposition do not inspire confidence in his truthfulness. If all he had written was the court address, why not flip over the notepad and show defense counsel? Ryan's answer to this question (he would have done so if asked) only dug a deeper hole because the transcript shows he was invited to do so, and he refused.
We think it important, too, that Ryan's statements to the court were not spontaneous. This was not a fleeting moment of weakness under [*32] pressure without premeditation, later recanted. Ryan had four hours between the time the deposition was suspended and the status conference during which to decide what to say to the court about what he wrote on the notepad. That he used that time in part to create a false document to present to the court certainly works against him.
Ryan also complains that, in ordering the monetary sanctions and issuing the order to show cause, the district court cited prior conduct by Ryan in this lawsuit that reflected unfavorably on Ryan. Specifically, Ryan had unilaterally added a jury demand to an agreed and approved copy of an amended complaint without notice to counsel or the court, he had threatened to use publicity (and incorrect information) to publicly embarrass a third party if the case did not settle, and he had included gratuitous name-calling in a prior submission. Siupa v. Astra Tech, Inc., No. 10-10525-LTS, 2012 WL 5385681, at *1-3 (D. Mass. Oct. 31, 2012). Ryan makes no argument that this conduct did not occur. Rather, he argues that it was "no harm, no foul," that his client was entitled to the jury trial he unilaterally sought to secure, that he was "careless," and that the conduct in question was irrelevant to the sanctions motion. [*33] We disagree. In exercising its discretion to issue or not issue a sanction for misbehavior by counsel, the court may certainly consider the extent to which counsel's misconduct is aberrational. That Ryan had already staked out a position at the corner-cutting end of the spectrum weighed in the discretionary selection of an appropriate sanction. Nor should any lawyer confuse the combative aggressiveness manifest in much of Ryan's behavior with the professional resolve of an effective advocate. See American College of Trial Lawyers, Code of Pretrial and Trial Conduct 3-8 (2009).
Reduced to its nub, this is a simple, but important case. With notice, an opportunity to be heard, and ample, very convincing evidentiary support, the district court found that Ryan falsified evidence and lied point blank with premeditation to the court. Rejecting no procedure timely requested by Ryan or required by due process, and after further notice and opportunity to be heard, the court decided to withdraw its permission that Ryan could appear as counsel in this case. Anyone who thinks it important that lawyers not lie to judges would be surprised if the court had done otherwise. We therefore [*34] affirm the orders revoking Ryan's pro hac vice admission and imposing monetary sanctions.


text:
Q: Different lists in list have same id in python I understand that Python mutables like lists have different identities while "special situations" like certain strings and numbers will have the same IDs but I don't understand this situation:
>> a = [[0]*2]*2
>>> a
[[0, 0], [0, 0]]
>>> id(a[0])
140387455550664
>>> id(a[1])
140387455550664

Both [0,0] lists in the list a have the same ID
However, when I create a list like this, the IDs are different for each list element in that list
>>> b = [[0,0],[0,0]]
>>> id(b[0])
140387455550472
>>> id(b[1])
140387456353480

I am using CPython/Python 3.6 on Ubuntu

redpajama_set_name: RedPajamaStackExchange


Christmas is only a week away and I'm so behind. I haven't bought the presents for my family or myself and I still haven't put up my tree. Your probably thinking that's not a big deal, except that I have a 20 month old that knows something exciting is happening at the moment. I'm just dreading putting up the tree after she took one down at the shops the other day. We also had my partners birthday today, so now that is over with we can focus on getting ready for Christmas this week.
The only thing I have done to get into the Christmas spirit is colouring this Arctic Snow Leopard from Kerby Rosanes's Imagimorphia. I am so in love with this book. Since I bought it, it is the only book I've coloured in. I will post all the picture I have coloured so far soon. But first I wanted to show you this one I just completed.
Its done in Prismacolor Premier pencils, pastel and a White Uniball pen. When I was colouring it I did find there wasn't as much opportunity as I would have liked to have add more green and red, but overall I'm happy with it. I haven't seen this picture coloured by any other colourist, so I was excited to see the end result.
I just recently bought Prismacolor pencils. I love them. They blend beautifully and the colours are really vibrant. The only negative I have about them is that their is not many brown tones. However, there is a great variety of just about every other colour, many of which are not available in Faber Castell Polychomos range.
The front page of Imagimorphia is part of the same picture that I coloured. This was actually the first page that I coloured in this book with Polychomos pencils. I didn't realised when I first started this page that it was an arctic theme, so I coloured the leopard in more traditional colours. I used a limited colour scheme and I am really happy with the way it turned out. I did find that the Polychomos pencils were a bit hard on this paper, leaving an imprint, however it may of been because it was the first page. I didn't have the same experience when I coloured elsewhere in the book.


A FARMER has said he has "lost all trust" after being duped out of tens of thousands of pounds in an elaborate fraud scam linked to the Capital.
The man and his wife were caught up in the UK-wide racket after "plausible" fraudsters made them believe they were calling from the bank.
They are among hundreds of victims of ruthless scammers suspected of stealing at least £60 million. The News revealed last month that ringleader Feezan Hameed Choudhary had evaded capture in Edinburgh during a Metropolitan Police-led operation in Abbeyhill.
Choudhary, who is from Glasgow but has links to the Capital, is still at large.
Police Scotland has been working with the Met and other police forces south of the Border to crack down on the fraud ring.
The victims, who run a Borders farm, spoke to the News in the hope their story would spare others from the scammers.
The couple, who asked not to be named, said they had lost a "five-figure sum". "It was a huge amount for our small business," they said.
They had only recently agreed to online banking, fearing it would not be as secure as using cheques.
The farmer's wife said the scammers were "extremely plausible" and very professional-sounding.
The couple have sadly not managed to recoup any money through their bank, despite being hit with a further legal fee in trying to do so.
It is understood the scam has been so far-reaching that banks and building societies are struggling to refund victims.
They urged other customers to be "very wary" and not to volunteer any information over the phone or internet.
When the scam first came to light last summer, the gang was cold-calling and telling victims to ring back on the number on the back of their bank cards, while the crooks stayed on the line to record the numbers. They then "evolved" to use an app which disguises where a call comes from.
The scammer tells the victim they are from a bank and have detected fraud on their account and their cash needs moved to a secure account.


A great time awaits for those looking for a Goa diving holiday and several companies provide a professional service that can nurture the beginner into a lifetime passion with a Discover Scuba Course. The experienced diver will be treated to a selection of great new dive spots and advanced courses are available for those looking to hone their skills.
Abundant marine life, a variety of turtles, rays, sharks, large barracuda and tuna can be found at the local dive spots and there are various nearby islands that offer a great opportunity to explore off shore. A trip to Pigeon Island is also a popular choice for divers and this can be combined with an overnight stay on the island.
The Intercontinental Grand Resort has a great location for all Watersports fans, set on a soft sand beach. 5-star luxury awaits and Watersports are available in both the river and sea providing a nice variety for activities. First class service is offered throughout this resort and non-diving activities include a state of the art fitness centre, outdoor pool, tennis and squash.
To find out about the best Goa diving sites or to book a hotel please contact our short form and one of our holiday specialists will get in touch.


Connected to an existing sender to replace a head unit that stopped working. Does the job.
The water level indicator gauge and sender unit were easy to install and work well as described on line. I have no hesitation in recommending the product.


A list of the hardware required to run WodUp in your gym.
For best results, install TV monitors in a highly visible and easy-to-access location in your gym.
Find the best TV monitor for your gym. We recommend at least a 40''monitor with 1080p.


text:
Super assets hit $2 trillion
The total pool of superannuation assets in Australia reached $2 trillion on 31 March 2015, up 14.3 per cent on the previous year, according to the latest statistics from APRA.
The prudential regulator released its superannuation performance statistics for the March 2015 quarter yesterday.
Of the $2 trillion in super, $420.2 billion was invested in MySuper products as at the end of the March – with a 23.1 per cent increase in total assets in MySuper products over the year.
Throughout the year to 31 March 2015 there were $101.6 billion in contributions to the superannuation system, and the March 2015 quarter saw $23.7 billion in contributions.
Super funds paid out $14.4 billion in total benefit payments in March 2015, up 9.2 per cent from the March 2014 quarter.
Total benefit payments for the year ending March 2015 were $57.5 billion.
"Net contribution flows (contributions plus net benefit transfers less benefit payments) totalled $8.7 billion in the March 2015 quarter, a decrease of 1.4 per cent from the March 2014 quarter ($8.8 billion)," APRA said.
Net contribution flows for the year ending march 2015 were $39.3 billion.
The industry-wide rate of return for entities with more than four members for the year ending 31 March 2015 was an impressive 13 per cent.
Super industry groups split on APRA recommendations
The review into APRA's capabilities has been released and the review has singled out APRA's handling of superannuation as an area that n...
Investment in peer-to-peer lending an industry first
One Australian super fund has invested in new energy loans via a peer-to-peer lender in what is touted as an Australian super fund first. ...
APRA updates MySuper application
APRA has updated the approved form and instruction guide for applications for a MySuper Product authorisation. ...

redpajama_set_name: RedPajamaCommonCrawl


text:
Laboratory Design
LEED & Net Zero Facilitation
Integrated Design
McCallum Sather
HBSA recognizes five projects with awards of achievement
Posted in: All News , Awards
Last night, The Hamilton Burlington Society of Architects recognized the local architecture community with the bi-annual Awards of Excellence. mcCallumSather is honoured to announce it won five awards, including two Awards of Excellence, one each for its architectural and mechanical divisions.
"Congratulations to our clients, consultants and our staff. These awards recognize their vision, hard work and dedication to the design and construction of exceptional, sustainable environments," says Joanne McCallum, director and co-founder of the firm.
Award of Excellence, New Institutional – Ministry of Transportation, Traffic Operations Centre (shared with our partners on the project Kasian)
Award of Excellence, Heritage/Adaptive Re-Use – (Mechanical Division) Templar Flats by Lintack Architects
Award of Merit, Heritage/Adaptive Re-Use – The Cotton Factory
Award of Merit, Renovation (Large) Institutional – The Boris Clinic, Hamilton Health Sciences
Award of Merit, Renovation (Small) Institutional – Hamilton District Christian High
MINISTRY OF TRANSPORTATION TRAFFIC OPERATIONS CENTRE – Award of Excellence, New Institutional
mcCallumSather/Kasian team recently completed the The Traffic Operations Centre on the new COMPASS campus in Toronto, is carefully designed to improve the efficiency for traffic management services in Toronto and surrounding municipalities. Our challenge was to shape an environment that supported and enhanced its staff's ability to deliver essential services in a supportive and sustainable way, develop a facility that responded to the diverse needs of multiple stakeholder groups and to complete the facility on a fast-tracked schedule in order to allow the facility to act as the central security hub for the 2015 Pan Am Games. mcCallumSather was primarily involved in the design of its innovative building enclosure and exterior. The high performing building envelop was critical our client's sustainability objectives, and the facility recently reached its objective of becoming LEED Silver Certified.
COTTON FACTORY – Award of Merit – Heritage/Adaptive Re-Use
Our renovation transformed the third floor open warehouse into a co-working hub to enable the flexible provision of workshops for craftspeople, office space for creative professionals, and studios for artists. Keeping the original character of the large space, we were able to transform the environment into a space that supports the objectives of a co-working environment, including private offices and collaborative spaces. The project has been receiving significant attention, including recent articles Canadian Geographic, lauding it as an example of Hamilton's creative revitalization.
HAMILTON DISTRICT CHRISTIAN HIGH – Award of Merit – Renovation (Small) Institutional
The design at the high school explores innovative ways for students to interact with the space and with each other, therefore transforming what was a typical high school typology. We built on ideas pioneered by Prakash Nair's work, including the interpretation of Campfires, Caves and Cafes. The result – we shaped a Learning Grove downstairs and Learning Atrium upstairs. Each area is filled with light, skylights and natural materials. The two floors are bridged by a large, living fig tree an important symbol for the school that creates a visual connection between the outdoor and indoor environments as well as a focus at the end of the corridors.
THE BORIS CLINIC – Award of Merit – Renovation (small) Institutional
The Boris Clinic is a newly developed integrated amalgamation of three clinics: an Academic Medical Day Centre, McMaster Adult Ambulatory Clinic (MAAC) and a Diabetes Clinic. The MAAC specifically is based on a new model of healthcare delivery derived from Cleveland Clinic process. Our challenge was how to deliver a space that supported this cutting edge process, create collaboration and shared environments that supported its function as a teaching hospital and shape an environment where its staff and patients may thrive. The iconic building, dating from the mid '70's, reflected a brutalist approach to modern architecture. Recognizing the importance of natural light and views on the health and wellness of patients, a significant component of the cladding was replaced in strategic locations with floor to ceiling glazing to provide views south towards the escarpment as well as into an interior courtyard, flooding the interior with natural light.
Please direct all media inquiries to Laura Sears, 905.516.7323, lauras@mccallumsather.com
Westinghouse HQ, 2nd Floor
286 Sanford Ave N.
Hamilton, Ontario L8L 6A1


text:
Home > Law > Law School Journals > Law Review > Vol. 25 > Iss. 1 (1990)
Volume 25, Issue 1 (1990) Fall 1990
Prefatory Matter
University of Richmond Law Review
The RTC: A Practical Guide to the Receivership/Conservatorship Process and the Resolution of Failed Thrifts
Vicki O. Tucker, Patti G. Meire, and Phyllis M. Rubinstein
The Surrogate Mother Contract: In the Best Interests of Society?
Audrey Wolfson Latourette
Feres to Chappell to Stanley: Three Strikes and Servicemembers Are Out
Jonathan P. Tomes
As We Forgive Our Debtors: Bankruptcy and Consumer Credit in America
Michael J. Herbert
The Specificity of Pleading in Modern Civil Practice: Addressing Common Misconceptions
Ian James Wilson and William Louis Payne
Substantial Connection and the Illusive Facilitation Element for Civil Forfeiture of Narcoband in Drug Felony Cases
Steven S. Biss
Allen Chair Symposium
University of Richmond Law Review (Main Site)
All Issues Vol. 56, Iss. 5 Vol. 56, Iss. 4 Vol. 56, Iss. 3 Vol. 56, Iss. 2 Vol. 56, Iss. 1 Vol. 55, Iss. 3 Vol. 55, Iss. 2 Vol. 55, Iss. 1 Vol. 54, Iss. 5 Vol. 54, Iss. 4 Vol. 54, Iss. 3 Vol. 54, Iss. 2 Vol. 54, Iss. 1 Vol. 53, Iss. 5 Vol. 53, Iss. 4 Vol. 53, Iss. 3 Vol. 53, Iss. 2 Vol. 53, Iss. 1 Vol. 52, Iss. 5 Vol. 52, Iss. 4 Vol. 52, Iss. 3 Vol. 52, Iss. 2 Vol. 52, Iss. 1 Vol. 51, Iss. 5 Vol. 51, Iss. 4 Vol. 51, Iss. 3 Vol. 51, Iss. 2 Vol. 51, Iss. 1 Vol. 50, Iss. 5 Vol. 50, Iss. 4 Vol. 50, Iss. 3 Vol. 50, Iss. 2 Vol. 50, Iss. 1 Vol. 49, Iss. 4 Vol. 49, Iss. 3 Vol. 49, Iss. 2 Vol. 49, Iss. 1 Vol. 48, Iss. 4 Vol. 48, Iss. 3 Vol. 48, Iss. 2 Vol. 48, Iss. 1 Vol. 47, Iss. 4 Vol. 47, Iss. 3 Vol. 47, Iss. 2 Vol. 47, Iss. 1 Vol. 46, Iss. 4 Vol. 46, Iss. 3 Vol. 46, Iss. 2 Vol. 46, Iss. 1 Vol. 45, Iss. 4 Vol. 45, Iss. 3 Vol. 45, Iss. 2 Vol. 45, Iss. 1 Vol. 44, Iss. 4 Vol. 44, Iss. 3 Vol. 44, Iss. 2 Vol. 44, Iss. 1 Vol. 43, Iss. 4 Vol. 43, Iss. 3 Vol. 43, Iss. 2 Vol. 43, Iss. 1 Vol. 42, Iss. 5 Vol. 42, Iss. 4 Vol. 42, Iss. 3 Vol. 42, Iss. 2 Vol. 42, Iss. 1 Vol. 41, Iss. 4 Vol. 41, Iss. 3 Vol. 41, Iss. 2 Vol. 41, Iss. 1 Vol. 40, Iss. 4 Vol. 40, Iss. 3 Vol. 40, Iss. 2 Vol. 40, Iss. 1 Vol. 39, Iss. 4 Vol. 39, Iss. 3 Vol. 39, Iss. 2 Vol. 39, Iss. 1 Vol. 38, Iss. 4 Vol. 38, Iss. 3 Vol. 38, Iss. 2 Vol. 38, Iss. 1 Vol. 37, Iss. 4 Vol. 37, Iss. 3 Vol. 37, Iss. 2 Vol. 37, Iss. 1 Vol. 36, Iss. 2 Vol. 36, Iss. 1 Vol. 35, Iss. 4 Vol. 35, Iss. 3 Vol. 35, Iss. 2 Vol. 35, Iss. 1 Vol. 34, Iss. 4 Vol. 34, Iss. 3 Vol. 34, Iss. 2 Vol. 34, Iss. 1 Vol. 33, Iss. 4 Vol. 33, Iss. 3 Vol. 33, Iss. 2 Vol. 33, Iss. 1 Vol. 32, Iss. 5 Vol. 32, Iss. 4 Vol. 32, Iss. 3 Vol. 32, Iss. 2 Vol. 32, Iss. 1 Vol. 31, Iss. 5 Vol. 31, Iss. 4 Vol. 31, Iss. 3 Vol. 31, Iss. 2 Vol. 31, Iss. 1 Vol. 30, Iss. 5 Vol. 30, Iss. 4 Vol. 30, Iss. 3 Vol. 30, Iss. 2 Vol. 30, Iss. 1 Vol. 29, Iss. 5 Vol. 29, Iss. 4 Vol. 29, Iss. 3 Vol. 29, Iss. 2 Vol. 29, Iss. 1 Vol. 28, Iss. 5 Vol. 28, Iss. 4 Vol. 28, Iss. 3 Vol. 28, Iss. 2 Vol. 28, Iss. 1 Vol. 27, Iss. 5 Vol. 27, Iss. 4 Vol. 27, Iss. 3 Vol. 27, Iss. 2 Vol. 27, Iss. 1 Vol. 26, Iss. 4 Vol. 26, Iss. 3 Vol. 26, Iss. 2 Vol. 26, Iss. 1 Vol. 25, Iss. 4 Vol. 25, Iss. 3 Vol. 25, Iss. 2 Vol. 25, Iss. 1 Vol. 24, Iss. 4 Vol. 24, Iss. 3 Vol. 24, Iss. 2 Vol. 24, Iss. 1 Vol. 23, Iss. 4 Vol. 23, Iss. 3 Vol. 23, Iss. 2 Vol. 23, Iss. 1 Vol. 22, Iss. 4 Vol. 22, Iss. 3 Vol. 22, Iss. 2 Vol. 22, Iss. 1 Vol. 21, Iss. 4 Vol. 21, Iss. 3 Vol. 21, Iss. 2 Vol. 21, Iss. 1 Vol. 20, Iss. 4 Vol. 20, Iss. 3 Vol. 20, Iss. 2 Vol. 20, Iss. 1 Vol. 19, Iss. 4 Vol. 19, Iss. 3 Vol. 19, Iss. 2 Vol. 19, Iss. 1 Vol. 18, Iss. 4 Vol. 18, Iss. 3 Vol. 18, Iss. 2 Vol. 18, Iss. 1 Vol. 17, Iss. 4 Vol. 17, Iss. 3 Vol. 17, Iss. 2 Vol. 17, Iss. 1 Vol. 16, Iss. 4 Vol. 16, Iss. 3 Vol. 16, Iss. 2 Vol. 16, Iss. 1 Vol. 15, Iss. 4 Vol. 15, Iss. 3 Vol. 15, Iss. 2 Vol. 15, Iss. 1 Vol. 14, Iss. 4 Vol. 14, Iss. 3 Vol. 14, Iss. 2 Vol. 14, Iss. 1 Vol. 13, Iss. 4 Vol. 13, Iss. 3 Vol. 13, Iss. 2 Vol. 13, Iss. 1 Vol. 12, Iss. 4 Vol. 12, Iss. 3 Vol. 12, Iss. 2 Vol. 12, Iss. 1 Vol. 11, Iss. 4 Vol. 11, Iss. 3 Vol. 11, Iss. 2 Vol. 11, Iss. 1 Vol. 10, Iss. 3 Vol. 10, Iss. 2 Vol. 10, Iss. 1 Vol. 9, Iss. 3 Vol. 9, Iss. 2 Vol. 9, Iss. 1 Vol. 8, Iss. 3 Vol. 8, Iss. 2 Vol. 8, Iss. 1 Vol. 7, Iss. 3 Vol. 7, Iss. 2 Vol. 7, Iss. 1 Vol. 6, Iss. 2 Vol. 6, Iss. 1 Vol. 5, Iss. 2 Vol. 5, Iss. 1 Vol. 4, Iss. 2 Vol. 4, Iss. 1 Vol. 3, Iss. 2 Vol. 3, Iss. 1 Vol. 2, Iss. 5 Vol. 2, Iss. 4 Vol. 2, Iss. 3 Vol. 2, Iss. 2 Vol. 2, Iss. 1 Vol. 1, Iss. 5 Vol. 1, Iss. 4 Vol. 1, Iss. 3 Vol. 1, Iss. 2 Vol. 1, Iss. 1
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text:
Jamileh (, also Romanized as Jamīleh) is a village in Eram Rural District, Eram District, Dashtestan County, Bushehr Province, Iran. At the 2006 census, its population was 471, in 101 families.

References

Populated places in Dashtestan County

redpajama_set_name: RedPajamaWikipedia


For three months consecutively, Gas has declined in price but is currently slightly a few pips above a key monthly support line 2.834. I expect a rejection from this monthly key line to long gas. That is, unless 2.834 is clearly broken to the lower side with a big green candle, I expect long positions around this line. The downward rally that has been in play for the past three months is a mere pullback following the bullish breakout above 2.834 in June 2016. On the shorter time frames such as the daily and the 4 hour charts, this commodity still looks a little bearish; which means the price could decline further on the shorter time frames but by the end of this month, I expect a close above 2.834 to get a strategic buy entry.
Wait for a confirmed breakout below 5692.3 to short this index towards 5522.


text:
Muhammad Ali and Christina Aguilera, Haiti relief effort
Here is Muhammad Ali and Christina Aguilera asking for donation of $5 for Haiti relief effort
During the program with Christina Aguilera, Muhammad Ali had mentioned such earthquake and aftershocks in Haiti as among the worst tragedies of our lifetime. Christina Aguilera serves as the global spokesperson for Yum! Brands' World Hunger Relief campaign, which is the world's largest private-sector hunger-relief effort, operating in 110 countries and 36,000 restaurants of KFC, Pizza Hut, Long John Silver's, Taco Bell and A&W. The organization creates awareness, volunteers and raises fund for WFP. Aguilera said, as a mother, she was very much upset by watching the condition of children and families affected by the earthquake. David Novak, the Chairman and CEO, Yum! Brands, Inc., said, "as a company with a huge heart, it is their responsibility to help the people of Haiti rebuild their lives." He announced his company's decision to donate $500,000 for the Earthquake victims. We might remember that, in 2008, after four devastating hurricane attacks in the country, Novak visited Haiti and immediately pledged $1 million from that year's World Hunger Relief collection to Haiti.
Read more about Muhammad Ali, People
Ougan Alcenat Zamor eli nouvo Nasyonal ati
Ed Lozama, New Director Of Communication For Sweet Micky
Deportation of Haitians in DR illegal, immoral and racist
Haitiano-Japanese Naomi Osaka wins the US Open against Serena...
Commission of Verification at work
Luckner James Cambronne, head of Haiti Tonton Macoutes militiamen
Haitian rara music tought in formal classroom setting
Zombie votes in Haiti Election, October 25, 2015


text:
Buddhist-Christian Studies
Monasticism, Buddhist and Christian: The Korean Experience (review)
James A. Wiseman OSB
10.1353/bcs.2010.0004
Monasticism, Buddhist and Christian: The Korean Experience
Monasticism, Buddhist and Christian: The Korean Experience. Edited by Sunghae Kim and James W. Heisig. Louvain Theological and Pastoral Monographs 38. Leuven: Peeters; Grand Rapids: Eerdmans, 2008. 201 pp.
In order to evaluate Monasticism, Buddhist and Christian properly, one must know something about its origin. The principal editor, Sunghae Kim, is director of the Seton Interreligious Research Center in Seoul, a center that regularly sponsors interreligious dialogues at a scholarly level. In addition to those dialogues, the center also organizes a series of monthly lectures for the public at large, held each year around a specific theme. The chapters of this book were, with one exception, originally given in the 1995 lecture series and later translated from Korean into English. For that reason, most of the material will already be quite familiar to specialists in the Buddhist and Christian traditions and will at times seem to offer generalizations that would be accurate enough for presentations to the general public but would need various qualifications and nuances to meet the more rigorous standards of scholars.
The first two chapters are broadly introductory. In the first, Sunghae Kim gives a brief overview of the renunciatory life in six major religions (Hinduism, Buddhism, Daoism, Judaism, Christianity, and Islam). She concludes that "in terms of strict renunciation of possessions, family, and pursuit of the ego, Hinduism, Buddhism, Christianity, and Daoism stand out" (p. 35), with Buddhism and Christianity in particular being characterized by highly developed forms of monasticism per se. Bernard Senécal, a Canadian Jesuit who teaches Buddhist studies at Sogang University in Seoul, wrote the following chapter, "Korean Buddhism Today and Its Encounter with Christianity," specifically for this book. The eight chapters that follow are the heart of the book. Jaemoon Yun, the abbot of the Korean Buddhist monastery in Chung-ju, has chapters on the history of the Buddhist monastic precepts, on nonpossession and the use of property in the saṅgha, on the organizational structure of the saṅgha, and on the homeless life and the Buddhist practice of compassion. Following each of these four chapters is one by the Benedictine monk Thomas Timpte on the corresponding topic in Christian monastic life as found in the Roman Catholic Church. A short final chapter by Younghae Yun, a professor of Buddhist studies and comparative religion at Gongguk University in Kyeong-ju, highlights a few characteristics of Buddhist and Christian life. Rather than comment on material from each chapter, I [End Page 228] will discuss in this review three points that struck me as particularly interesting and/or controversial.
At the beginning of the first of his four chapters, "The History and Spirit of Christian Monastic Rules," Thomas Timpte rightly devotes several pages to clarifying terminology. The details need not concern us here, but in general monks and nuns in the Catholic Church make public profession of the "evangelical counsels" of poverty, celibacy (sometimes called chastity), and obedience; in addition, they practice some degree of enclosure ("separation from the world") and (except for the relatively few who are hermits) live in community. Timpte notes that although there have been men and women who practiced the evangelical counsels since New Testament times, the formal institution of Christian monastic life arose in the eastern part of the Mediterranean only around the year 300. For that reason, he argues that monasticism cannot be considered central to the Church in an institutional sense, whereas monasticism was an essential part of Buddhism from the beginning, the Buddha himself and his earliest followers all having been monks. This is one of the points about which Younghae Yun disagrees with Timpte, for the Buddhist scholar claims that even though Buddhist monks and nuns, like their Christian counterparts, take vows (precepts), and in some sense live apart from society at large, such a way of life itself "is neither essential nor central" in Buddhism (p. 185). Younghae Yun bases his argument on the fact that the Buddha considered such practices as only "a means to achieve enlightenment" and that enlightenment itself is not the true raison d'être of Buddhism but is rather a way of facilitating...