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R is the need-to-know stat software
This Forbes post on the greatness that is R is being passed around by every statistician and his mother today.
It's not that this type of analysis wasn't possible before — statisticians have existed, and commercial software has been available to support them, for decades. The fact that R is free to use, free to modify, and its source is open to view, extend and improve means students, stock traders-in-training and fantasy football junkies can familiarize themselves with the software. They can write programs against it. They're likely to continue that usage into their professional lives. When they share their work, the community, down the line, benefits. And the virtuous cycle strengthens.
What's your favorite (graphical) use of R?
24 Comments
ggplot2, combined with plyr and reshape and you have a whole load of manipulation and visualisation covered.
So where do I start learning R?
Amen to this! Is there a "classic" first text for R noobs?
Actually yes, there is, but it´s in spanish. "Analisis de datos en Psicologia. Haztelo en R."
USGS has a pretty good intro webinar-based course at http://www.fort.usgs.gov/brdscience/learnR.htm and you can use their tutorials without being part of the webinar.
If I already know Python/SQL would it still be worth my while to learn R?
I've never used it, but RPY allows you to access R from Python. I'm not sure if there's a significant advantage to using R this way or not, but it is probably worth looking into.
My favorite tool is library(sas).
Works great, you should try in.
Anyone know what procedure was used to create the awesome graphic on the Forbes post? Are there any demo examples of this procedure?
Follow the links (of the graphic itself), they take you to John Fox's web-site which has an introduction to R along with code/scripts for generating graphs, my guess would be its one of those.
I like using R to baffle and amaze people, when I show people the UI under Emacs/ESS few people can comprehend using command line interfaces and expect to have menus and so forth for doing the analysis. Favourite package which is sort of graphical related is Sweave for its ability to embed R code into LaTeX for presentation and self-documentation.
I like the hex bin, its not something I've been able to duplicate in Excel or other software. Although I have yet to present it to a client because it seems messy, its interesting for my own person data exploration.
I don't have a favorite package in R, but I use it for almost everything by default. And when I'm not using R, it's Perl. STATA is pretty useful too.
Open source and free sound good, and the
R examples look fantastic. Yet does R have any
practical application for web display? It seems
all the graph examples on the web are non-interactive
and static images? (Sorry, I know next to nothing about R…. )
Take a look at rapache for programming web apps with R, http://rapache.net/
As for interactive web graphics, one of the many Jacascript libraries is a better bet, as they run in the browser. While R is good for data graphics, its real strength is on the analysis side.
Thanks for the shout-out, Nathan.
The conversation on the R post has great examples of the excellent work being done.
bearman's link here, to the USGS "Learn R By Example" course, looks great.
http://learnr.wordpress.com/ is a fantastic resource – amazing variety of examples that are very well documented.
I would point out this site: http://zoonek2.free.fr/UNIX/48_R/all.html
It's very heavy on statistics and statistical graphics, but it is full of example R code.


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From Baylor Athletic's Department:
SPRINGFIELD, Mass. – Baylor men's basketball senior Pierre Jackson has been selected as one of 12 finalists for the 2013 Bob Cousy Collegiate Point Guard of the Year Award, as announced by the Naismith Memorial Basketball Hall of Fame Thursday.
Jackson was one of 11 Cousy Award finalists during his debut season at Baylor last year, and he's one of only three players to be finalists in both 2012 and 2013, joining Phil Pressey (Missouri) and Aaron Craft (Ohio State). The annual honor, named for Hall of Famer and former Boston Celtic Bob Cousy, recognizes the top point guard in men's college basketball.
Jackson was one of 85 players on the initial watch list and one of 20 watch list finalists. He's joined by Keith Appling (Michigan State), Lorenzo Brown (North Carolina State), Trey Burke (Michigan), Craft, Matthew Dellavadova (Saint Mary's), Shane Larkin (Miami), Pressey, Peyton Siva (Louisville), Marcus Smart (Oklahoma State), Michael Carter-Williams (Syracuse) and Nate Wolters (South Dakota State).
A Las Vegas, Nev., native, Jackson leads the Big 12 in points and assists per game. His 19.3 points per game rank 21st nationally, and he's tied for 22nd nationally with 6.0 assists per game. Jackson is the only player in the nation's top 25 in both points and assists per game, and he's on track to be the first player from a power-6 conference to lead his league in both points and assists since Arizona's Jason Terry in 1998-99.
Jackson has the Big 12 Conference's longest active streak with 29 consecutive games scoring in double figures, averaging 18.8 points and 6.1 assists per game during the streak. His active streak of 33 consecutive games with at least one three-point field goal made is the second-longest streak in Baylor history.
The list will be trimmed to five candidates in early March. A selection committee has been appointed by the Hall of Fame to review the final five candidates in contention for the nation's top collegiate point guard award. The winner of the 2013 Bob Cousy Award will be presented at the Hall of Fame's Class Announcement on Championship Monday in Atlanta as part of NCAA Final Four weekend.
Fans are able to vote for the top point guard at www.cousyaward.com. The player that receives the most fan votes will receive one vote toward the final committee vote. Fan voting will run one month, concluding March 7.
Previous winners of the Bob Cousy Award have included Jameer Nelson (St. Joseph's), Raymond Felton (North Carolina), Dee Brown (Illinois), Acie Law (Texas A & M), DJ Augustin (Texas), Ty Lawson (North Carolina), Greivis Vasquez (Maryland), Kemba Walker (Connecticut) and last year's recipient Kendall Marshall (North Carolina).
2013 Bob Cousy Award Finalists
Keith Appling (Michigan State)
Lorenzo Brown (North Carolina State)
Trey Burke (Michigan)
Aaron Craft (Ohio State)
Matthew Dellavadova (Saint Mary's)
Shane Larkin (Miami)
Phil Pressey (Missouri)
Peyton Siva (Louisville)
Marcus Smart (Oklahoma State)
Michael Carter-Williams (Syracuse)
Nate Wolters (South Dakota State)
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subset: commoncrawl


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Try This: Make A Bird Bath From An Unloved Lamp
I always feel a little sad for the unloved lamps I see on Craigslist. There seems to be a million of them and more often than not, they don't go with a modern home. Forget trying to put them in your living room - look to the garden instead.
Sue, who blogs at Chic Cottage Junk, specializes in repurposing materials and breathing new life into old objects. Case in point - these old lamps she has re-imagined as bird baths. The end result is quaint and brings a unique look to your outdoor oasis.
The sky is the limit as far as the style of lamp you use, though we do suggest removing all the wiring before using it outdoors. You can see a more detailed view of one of these lamps here.
(Image: Chic Cottage Junk)
3 Comments
hahahaha. i have too many cats to have a bird bath, but i *love* this!
Fun idea! Reminds me of the stacked dessert plates using old china and candle sticks. If I had an outdoor space/balcony, I'd make this...
Interesting idea!


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Of all the offerings in markets that cater to the Greater Sacramento area's Russian, Ukrainian and eastern European populations, dairy products are a highlight for quality and richness.
Sour cream, butter and a dry crumbly curd variously called pot cheese, farmer cheese or Russian white cheese all figure in paskha, a sort of cheesecake molded into a squat, four-sided obelisk and served as the starring dessert during the Easter feast.
Paired with paskha is kulich, a yolky yeast bread kneaded with candied fruit, currants, almonds and sultanas and flavored with rum and saffron. If baked tall in a can, the unmolded kulich shows up with a big mushroom cap where the dough rose over the rim and baked in place. On top is an icing that dribbles down the sides like thick, white rain.
Kulich you can buy. But paskha is a home dessert that requires a trip to a Russian store.
I went shopping with Victoria Hagele from Ukraine. Her family is both Russian and Ukrainian. A few weeks earlier, the Siberian-born Hagele had returned from visiting her mother in a town just west of Kiev. The day she landed there, central Kiev turned violent over a trade deal with the European Union.
"We watched it on TV," Victoria said of the rioting. "It was all happening in a small area in Kiev. We went shopping" as if nothing were amiss.
With a trip home fresh on her mind, Victoria and I entered Naroe's in Carmichael. It's a bright store she visits once a week.
On our way to the dairy case, we pass fresh pears, dill, beets and gherkin-sized cucumbers. We see half a dozen bulk fetas – French, Armenian, Bulgarian, Greek, Hungarian, Danish. The aisles are stuffed with buckwheat, grape leaves, Israeli jams, jars of roasted peppers and eggplant spreads.
Victoria stops at a large bin of apples selling for 89 cents a pound. When her family ate fruit, it was apples. "We didn't have anything else." A bittersweet memory, but one from home.
Naroe's is also a wholesale bakery. Its Russian rye, sourdough, flat breads, pumpernickel and Friday challah are distributed to other European-style stores, including Good Neighbor European Deli and Market and Berezka European Market in West Sacramento.
Finally at the dairy case, we see an international array of butters, typical of most Russian stores, from Denmark, Lithuania and true Russian butter. Victoria spies one from Vologda, a nod to the northern Russian city famous for butter.
The sour cream includes the excellent and lush Canadian brand. Off to the side was a no-name container marked "Moska" (Moscow). Naroe's owner, Julietta Zakaryan, says it arrives in bulk from Russia. She repacks it and sells it by weight. If you turn the tub upside down, it's so dense it won't fall out.
For the pot cheese, we saw Friendship from New York and small tubs of "white Russian cheese" at every store we stopped in. I bought bulk no-name pot cheese at Berezka.
If you want to make paskha so it resembles one Victoria might make, pick up a small pouch of vanilla sugar. "In the Soviet Union, we did not have vanilla extract, only vanilla sugar," she said.
When you go to a Russian store, get ready to check out Russian-style – in a line. It's the cashier's job to also slice meats, cheeses and fish to order, customer by customer. Depending on whether the person in front of you has finished shopping or is only beginning, take a cue from Victoria and settle in for the wait. "It's kind of nostalgic," she says. "It comes from my upbringing in Soviet times."
Victoria's family recipe for paskha uses some advanced cooking skills. After she translated, I saw it involves curdling sour cream, milk and eggs. Curds are separated and mixed with butter, more eggs, sugar and the vanilla pouch and churned by hand for 45 minutes.
"It was a most holy experience for me," she said of this pre-Easter duty. "When you do it right, your brain goes through everything. It's like you become part of the Divine."
Paskha is served with kulich. Naroe's makes a colorful kulich already showing up in many Russian markets.
Elaine Corn is an award-winning cookbook author and former newspaper food editor.


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Reader Comments (Page 1 of 1)
I played a warrior for the first time recently, and I've been loving every second of it. My toon is Wraegixx - Proudmoore.
First of all, the nerf to our DPS is absolutely ridiculous and not justified at all. I play arms, and I have researched my class/spec vigorously. I know what talents to spec into, I know what glyphs benefit me and my rotation the best, and i know the rotation that maximizes my DPS and utilizes all of my Rage effectively.
I sit, generally, on the top of the DPS meter in most cases. I don't have ANY BoA gear, all of my gear i either made myself or got through dungeons/quests.
I beat out other classes (at my current level, and previous to) in DPS because of my skill as a player. I have seen other Arms warriors in the group with me sit right at the bottom, some of them with BoA gear on.
As for the rage 'issue'... I generate a good amount of rage with my rotation. I'm NEVER in excess of rage, i never have rage I can just burn; I don't exactly have to 'manage' it exactly... but with the rotation I use, I'm basically always sitting at low rage (which is fine because it doesn't affect my performance or DPS... it's just how the class works and how I play the class specifically).
My OS is Protection, So i've been Arms/Prot from a very low level and I know what it's like to generate rage for both specs.
Once again, I don't have an issue with generating rage as a tank. Unless some Noob DPS decides to pull for me, and messes me up... but in most cases I can still pull the mob of them, pull the mob together, and tank the crap outta them.
Personally I think it's all about the skill of the player. Knowing what abilities to use, when, and knowing what gear to have/talents to spec into and which glyphs to use.
Don't hate on our rage, cause I believe it's just as hard to 'manage' as any other class resource in the game. And I strongly believe that Blizz is nerfing us unfairly... IMO.


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By Anna Prior
International companies trading in New York closed higher Wednesday as data showing the euro-zone economy contracted for a sixth straight quarter raised hopes the European Central Bank would consider more measures to help boost the sluggish economy.
The Bank of New York index of ADRs rose 0.2%, to 142.54.
First-quarter gross domestic product fell 0.2% from the fourth quarter in the euro zone, slightly above forecasts for a 0.1% decline. Germany expanded less than expected, while economies in France and Italy weakened more than forecast.
Meanwhile, in Asia, Japan's top three banks reported strong earnings for the 12 months to March, in part thanks to gains from bond holdings and a recovery in the Tokyo stock market. Shares of Mitsubishi UFJ Financial Group Inc. (MTU, 8306.TO), Japan's biggest lender, rose 2.3%, to $7.28, while Japan's second largest bank by market capitalization, Sumitomo Mitsui Financial Group Inc. (SMFG, 8316.TO), rose 0.9%, to $9.83. Mizuho Financial Group Inc. (MFG, 8411.TO), meanwhile, added 0.7%, to $4.51.
The European index edged up 0.1%, to 134.
Nomura upgraded the consumer-goods conglomerate Unilever PLC (UL, ULVR.LN) to buy from reduce, based on a more positive business outlook. Analyst David Hayes said the broker has been cautious because it saw the stock's performance affected by the drag of food sales, a mixed and low-quality development of margin, and an absence of a step-up in cash generation. Firm sees those three areas of concern abating. Shares rose 1.1%, to $43.54.
Shares of U.K.-based HSBC Holdings PLC (HBC, HSBA.LN) edged up 0.6%, to $57.39, as the banking giant said it plans to cut costs by up to $3 billion by 2016.
The Asian index added 0.5%, to 147.83.
Suntech Power Holdings Co. (STP, K3ND.SG) reached a new forbearance agreement with the majority of holders of the company's 3% convertible notes, giving the Chinese solar-panel maker more time to work on its restructuring plans. Shares rose 11%, to 65 cents.
China's aviation regulator said it is looking into threats to five flights that three Chinese airlines received Wednesday morning. The flights operated by China Eastern Airlines Corp. (CEA, 0670.HK, 600115.SH, K3CD.SG), Shenzhen Airlines and Juneyao Airlines landed safely after some delays due to security checks. The Civil Administration of China said the threats appeared to be false. Still, shares of China Eastern Airlines slipped 3.5%, to $19.28. Fellow carrier China Southern Airlines Co. (ZNH, 1055.HK, 600029.SH, K3TD.SG) also dropped, falling 2.2%, to $25.72.
The Latin American index was essentially flat, at 321.46, and the emerging-markets index was also flat, at 283.39.
Brazil's biggest private-sector bank, Itau Unibanco Holding SA (ITU, ITUB3.BR, ITUB4.BR), said it will buy the credit card division of Citigroup's Brazilian unit for BRL2.77 billion. Itau Unibanco shares rose 1.6%, to $17.33.
Meanwhile, Brazilian mining giant Vale SA (VALE, VALE3.BR VALE5.BR) dropped 2.8%, to $15.88, amid falling international metals prices.
Write to Anna Prior at email@example.com
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Orange Apricot Muffins
Orange zest enhances the apricot flavor of these muffins shared by Lois Gelzer from Standish, Maine. "Sometimes, I substitute raisins, chopped dates or other dried fruit for the apricots," she writes.
12 Servings
Prep/Total Time: 30 min.
2 cups all-purpose flour
1/2 cup sugar
2 teaspoons baking powder
1/2 teaspoon salt
2 eggs
1 cup 2% milk
1/4 cup canola oil
1/2 to 3/4 cup chopped dried apricots
2 teaspoons grated orange peel
In a large bowl, combine the flour, sugar, baking powder and salt.
In another bowl, combine the eggs, milk and oil. Stir into dry
ingredients just until combined. Fold in apricots and orange peel.
Fill paper-lined muffin cups two-thirds full.
Bake at 400° for 15-20 minutes or until a toothpick inserted near
the center comes out clean. Cool for 5 minutes before removing from
pan to a wire rack. Serve warm. Yield: 1 dozen.
Nutritional Facts:
1 serving (1 each) equals 187 calories, 6 g fat (1 g saturated fat), 38 mg cholesterol, 190 mg sodium, 29 g carbohydrate, 1 g fiber, 4 g protein.
© Taste of Home 2014


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Chloe Saltau
Chloe Saltau is the chief cricket writer at The Age, regularly covering international cricket and providing news, comment and analysis on international cricket. She joined The Age as a trainee in 1998 and spent several years writing for general news (chiefly as a social policy reporter covering welfare and family issues) before moving to sport.
We can do some finals damage, says Buckley
Chloe Saltau Coach's assertion comes as Pies book home final with 62-point thrashing of Eagles.
Lynch and Didak stake finals claim
Chloe Saltau Collingwood defender Nathan Brown says Pies bracing for tough selection calls.
Returning pair give Pies a boost
Chloe Saltau Chloe Saltau
Pair's return boost for Pies
Chloe Saltau Collingwood coach Nathan Buckley believes the return of Andrew Krakouer and Brent Macaffer to the VFL this weekend, six months after they ruptured anterior cruciate ligaments, will provide the...
Fizzing forward runs out of time
Chloe Saltau Collingwood has finally lost patience with one of its struggling power forwards, Chris Dawes, dumping him on the verge of the finals for tomorrow night's clash with Essendon.
Krakouer dumped for Anzac Day
Chloe Saltau Andrew Krakouer hits stumbling block in inspiring journey back, dropped from Collingwood side to play Essendon on Anzac Day.
Pies determined to do it for Mick
Chloe Saltau and Jared Lynch Club plays down fears that Pies would be missing key players for grand final.
At last siren, it all starts to kick in
Chloe Saltau Leigh Brown might not be the only player who knows grand final will be his last game.
Pies turn to Wood to man up against Blues
Chloe Saltau The return of a reformed Cameron Wood should have immediate benefits for Collingwood's powerful forward Chris Dawes.
Pies big three set to attack
Chloe Saltau Nathan Brown, Chris Tarrant and Ben Reid will play in the same team for the first time.
Buckley: Pies have work to do
Chloe Saltau Coach Nathan Buckley says team exposed for parts of classic encounter with West Coast.
Burgoyne likely to miss until round four
Chloe Saltau Hawthorn has been provided with a reality check about the physical readiness of Shaun Burgoyne, and may have to wait until round four to unveil its star recruit.


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The 52nd-ranked men's tennis team travels to No. 9 Stanford for a 12:30 p.m. meet at the Taube Family Tennis Stadium.
"Stanford is a storied tennis program," said BYU coach Brad Pearce. "I think we can compete against them. We're excited to compete there. Our goal every match is to win."
The Cougars are 3-4 on the season after back-to-back wins against Idaho State and Montana State. The Cardinal, 5-2, is coming off a 6-1 victory over Hawaii Tuesday. Stanford fell to then No. 9 UCLA 6-1 last week. BYU dropped its match to UCLA Jan. 20 by the same score.
Georgy Batrakov is the Cougars' top singles player and teams with sophomore Patrick Kawka in doubles. The Cardinals are led by Ryan Thacher and Matt Kandath.


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Randall G. Rogan
Co-Interim Dean
Senior Associate Dean for Academic Planning
126 Reynolda Hall
Phone: 336.758.5063
Email: firstname.lastname@example.com
Randall G. Rogan, Professor of Communication and Associate Dean for Academic Planning, has been at Wake Forest since 1990. Prior to July, 2010, he served as faculty member in the Department of Communication, departmental chair, and Associate Dean for the Graduate School of Arts and Sciences at Wake Forest. He teaches courses in relational communication, communication and conflict, research methods, and communication, terrorism and hostage negotiation. He is an internationally recognized authority in crisis and hostage negotiation and communication of terrorism, having spoken at many national and international venues. As Associate Dean for Academic Planning, Randall will manage faculty recruitment and hiring, accreditation and program reviews, faculty workload, course enrollment, grade reporting and the Hebrew University faculty exchange program.


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School Superintendent Kathy Cox felt compelled today to issue a clarification to one of her deputy's comments yesterday at a budget hearing that Georgia might have have to reduce its school year, now set by law at 180 days.
I am not exactly sure what the superintendent is saying here, but having worked my way through high school, college and grad school as a waitress in many fine establishments, I can testify that you have to get in early and stay late. I can also say that there is no better moment in life than when you have escorted all your IHOP customers out the door, locked it behind them and sat down to a customized chocolatee chip pancake with extra chocolate chips and whip cream. To be 18 again.
I understand and agree that teachers need time before school begins and after it ends, but I am not sure how strongly, if at all, Cox is calling for tweaks to the 180-days in view of the budget crisis. Read it and let us know what you think.
Here is the superintendent's statement, which will explain my pancake nostalgia:
Superintendent Cox issued the following statement today:
"I believe there is a need for clarification about the Department of Education's position regarding the state budget. I maintain that drastic and severe cuts hurt teachers and students and negatively impact the progress we have made in recent years. If there are further cuts to QBE (school system funding) then we can't expect things to be business as usual. While we fully recognize the severity of our revenue shortfall, we are not in favor of additional cuts to public K-12 education.
It is unrealistic to think that you can truly retain 180 days of quality instruction for students if all ten days of pre- and post-planning for teachers are cut. Expecting teachers to begin and end a school year on the same day students do is like a restaurant manager asking staff members to show up at the same time the first customer is to be served. That manager knows that if dinner service starts at 5:00 you better be willing to pay your chef to come in for preparation a few hours earlier. And when have you ever seen the staff leave the restaurant at the same time as the last customer? That restaurant would not be successful. Similarly, teachers need preparation time to be successful.
I appreciate the diligence of the legislators and the seriousness of their exploration of all the issues and all the options. We will continue to work with them to find the best solution for our state."
February 24th, 2010
3:24 pm
This woman is incompetent on both personal (finance) and vocational (APS test scores) levels. Why should anyone trust a word from her?
How are we to have confidence in her and her minions to adequately design a "teacher teach the test" bonus system, manage the pay system, and secure adequate funding for the plan. Not happening in our life span.
All you teachers better sharpen up on you erasure skills.
February 24th, 2010
3:25 pm
February 24th, 2010
3:33 pm
@ Maureen I worked in an IHOP in college and did the graveyard shift. I was the lucky one that encounterd drunk frat boys after the bars closed in Athens. We never closed. Never ever. You were lucky.
I hate to admit it, but Kathy Cox's statement makes a lot of sense to me. There are a great many things that a teacher must do to prepare for that first day of school when we get our new students. I wish I still had my "To-Do" list from this year so that I could share it with you, but it was pretty busy. I spent about 15 hours at school during my one day of pre planning this year and still felt unprepared when the kidlets came in.
I have 3 completely different class preparations so I had to have plans in place so that there could be a jumping off place for my classes. (At least 2 weeks worth of lessons.) I had to make sure that I had a syllabus for each class (plus copies) and first day materials prepared and copied. Then, there is the preparing of the room, begging the registrar to PLEASE let us have rolls, make out seating charts, cleaning and organizing, and putting up the bulletin and oh so wonderful word wall. There was also the 3 and a half hour butt numbing faculty meeting. That wasn't productive whatsoever after the first 30 minutes, but it was still a requirement to attend. I had to sweet talk the media specialist for technology items, go through the pittances of new inventory that I had received over the summer. And those were just the highlights. I won't tell you about my encounter with the 4 foot snake skin in my supply closet.
The thing is, those were just the necessities. I'd hate to think of how totally awful it would be to show up that first day with kids that I do not know and say "We is here! Let's get the show on the road!" Could you imagine the chaos? I couldn't even imagine what I'd do with kids on that kind of day or even for days after that as I'd be floundering like a fish gasping for air as the disorganization would be just totally insane. Moreover, the kids would get the idea right off that disorganization is how we roll around here…and that wouldn't make me much of a roll model, would it?
February 24th, 2010
3:53 pm
Keeping to the waitress angle, waitresses are typically paid a low (below minimum wage) rate per hour, and the rest of the day is made on hourly + tips. However, when a company meeting is held and required, the waitress typically can only get the hourly rate and therefore has no tips to make a decent income.
In a way, isn't that what we are talking about here. How to comp teachers for out of classroom, mandidtory time? The Central Falls, RI example here was interesting with the school system offering to pay $30 an hour, only to have the union reject it and counter at $90 / hour.
February 24th, 2010
4:10 pm
Well the restaurant manager would not bring in the whole staff just to prepare for the day. They usually bring in the prep crew (1 to 3 people, might include manager).
February 24th, 2010
4:20 pm
@Sick & Tired – when I waited tables, the cooks were there prepping a couple hours before dinner started, and wait staff got there and hour before we were scheduled to be on the floor. Of course, this was a four star restaurant. I'm guessing we don't care about 4 star education here in Georgia.
February 24th, 2010
4:20 pm
correction "an hour"
February 24th, 2010
4:21 pm
Hey sick and tired, each teacher is the prep crew for their classroom, as they are also the only ones working in them. DUH!
February 24th, 2010
4:52 pm
You can easily cut some of the 5 days prior and post school year. Most teachers are dragged into meetings having little or no bearing on actual teaching. Let them get into the class room and prepare for students and I think many teachers would accept the cuts.
February 24th, 2010
5:33 pm
I agree with you, jj – What pre-planning? All we do on those days is listen to the same old crap-ola from the boss and his buddies and then we get to do "team activities" so we can "brainstorm" either "horizontally" or "vertically" and make sure we discuss how to better use CMCD, SFA, B2B, GOAS, AR, and other B.S.
It's like someone sits around and thinks of the biggest time wasters available.
February 24th, 2010
5:33 pm
Filter is sucking up my posts….
February 24th, 2010
5:41 pm
Who gets 5 days preplanning and 5 days postplanning? We get 3 days for each (at least one of which is spent in meetings). Also, we're on block schedule, which means we teach the equivalent of 2 years during each school year (one per semester), so we get 2 days in between semesters, at least one of which is spent in meetings and/or "staff development." Two more days of staff development and/or meetings fitted into the school year, and there you have it…
February 24th, 2010
5:44 pm
After leaving GA, I taught in a neighboring state for two years. I, too, had three preps. In this county (small, rural) we had one "In-service" day. We sat at the county meeting place all day listening to speakers.
The next day was ours…no official day(Friday). On Monday the kids came for two hours. Anything done in the room was on your own time. When school was out we again had a two hour day, gave report cards to homeroom (those who came) and then at 10 everyone went home. After years in GA with planning time, I missed it. Teachers did much getting ready and cleaning up using kids in the room. Of course the good ones used their own time.
February 24th, 2010
5:46 pm
Planning days are vital to the success of a school. If days must be cut they should be student days not planning days. For you principals out there who use up the workdays with long, drawn out meetings and mindless workshops, stop it. Teachers need time to plan together, develop units of instruction, review assessment information of students, and be prepared for the first day of school. To the ones who think we just get together to party – wrong!
February 24th, 2010
5:55 pm
There is a possibility that the legislature will decide that merit pay is the way to go. If that were to happen teachers would no longer get a raise for advanced degrees. If they "furloughed" all 10 days that teachers have for pre/post planning and staff development (or professional learning) when would teachers ever learn anything new?
I know we are required to get 10 PLU's in order to recertify, but I can get those easily through meetings, etc. at my school. There is no incentive at all for teachers to learn anything new! Is that what we want? A state full of teachers who are stagnant?
Not to mention how tiring it is to be expected to do the same thing with less time to prepare and less materials – and for less compensation.
February 24th, 2010
6:03 pm
The first day of school for teachers should be a 1 to 2 hr school-wide goals and expectations meeting. Parents of all students in that school should be vigorously encouraged to attend. Then break them up to departments for a 1 hour meeting. Again, parents should be very encouraged to attend. After that, leave the teachers alone to prepare for the school year. If administrators cannot elucidate their goals and objectives for the school year in that amount of time they should be re-assigned. There is so much micromanaging of teachers that they are hamstrung as to what to do.
Put resources in the classroom. An administrator is there to administer not to teach. If we want to improve our students then the classroom is where the money needs to go.
February 24th, 2010
6:12 pm
I have 7 preps per day, Joy, and a 20 minute lunch plus 35 minutes of planning. This year we "only" had 8 hours of meetings plus a "mandatory" breakfast. We ARE allowed to spend 15 minutes showing the 3rd graders around on the first day, and everyone gets 15 minutes of "rule reading" before immediately launching into direct instruction. We are still going strong (including 2 hrs and 40 minutes of reading only) even on the last day. We are not allowed to just let students read–a waste of time when we could be didactically instructing!
I maintain that until more than teachers are impacted by furlough days, the legislature and administrators will continue to cut teacher prep time, but expect the same amount of work done.
We were reminded that the schools would be open on furlough days if we wanted to work. But I heard that some systems did not unlock the buildings, due to liability issues.
February 24th, 2010
6:35 pm
Why don't we have a state law that requires 75% of educational dollars be spent at the classroom level? Simple. Straight forward. Direct.
February 24th, 2010
7:15 pm
Let's up it to 75% or 80%. It is more.
February 24th, 2010
7:17 pm
Even with the new math.
February 24th, 2010
7:43 pm
Catlady – Our building was locked up tight on the furlough days. They wanted to save as much money as possible. No electricity, etc.
February 24th, 2010
8:04 pm
Cox is essentially daring the legislature to make the cuts they are threatening. She is making real for them the consequences of their reckless and irresponsible actions. I'm not a fan, but she is standing up for kids.
February 24th, 2010
8:43 pm
What a backward state Georgia is toward education. That's the Go Fish mentality we have been stuck with for 8 years.
February 24th, 2010
9:04 pm
This is a mess – it's a mess due to the economy, but it's also a mess due to fiscal mismanagement and a ridiculously stubborn adherence to partisan nonsense. I agree with posters who say that the next round of furloughs need to come from academic days – not because I want any kind of time off, but because I truly, truly believe that until it impacts the voters at home (and I'm not talking about the "free babysitter" crowd, although they're included), the lawmakers aren't going to get the message that people are unhappy. Now, they're hearing from teachers – a crowd largely discounted on a good day. Get the rest of the constituents involved, and something might actually be done.
As far as me personally, I always got my room ready on my own time, because my time was largely spent in meetings during the 5 days of pre-planning. We'd have a few hours here and there, but I'm the kind of person who only gets in a flow with chunks of uninterrupted time. I'd maybe be ok with fewer days of pre-planning if we were left alone to get our rooms and plans ready. I can tell you right now that there are teachers who, if no planning existed, wouldn't walk into a classroom until the first day of school. Is that the kind of room you want YOUR child in? People already think the first and last weeks of school of a waste – this will only exacerbate that.
As for funding – why oh why can't we legalize gambling – paramutuel, slots, etc? Why oh why can't we sell alcohol on Sundays? Why oh why can't raise the cigarette tax? And indeed, why not legalize pot? In addition to taxes raised from it, we could save some on law enforcement. Why not charge a "thanks for passing through" toll on I95 or a 1% raise on restaurant and lodging taxes? No one likes taxes, but no one is going to like how severely services (all services, not just education) is going to need to be cut in the future.
February 24th, 2010
9:28 pm
WORST ANALOGY EVER! I am NOT a waitress; I am a teacher!
February 25th, 2010
7:57 am
If they take all your ppreparation time away, then you are esentially giving them your time because you must prepare. Since you are not allowed to sit at your computer dueing the time yo have students, if you leave when the kids do, when do grades get entered in the system? When do projects too bulky to take home get graded? As long as parents are not incomvenienced, no one willcare how many days we lose to furloughs.
As for the buildings being open on furlough days, ours were– but I did not come in,. I may CHOOSE to work on my own time, but I also CHOOSE not to work on a day when i know I am receiving no money. Furthermore, If the day is a furlough day and you are injured at school, you are not eligible for Workman's Comp.
If they want me to be ready for kids, then do'nt cut my Preparation days. Because I willnot be ready for kids and they will do busy work while I do the prep needed to teach.
February 25th, 2010
11:50 am
An analogy is used to make things easier for the audience to understand. I think the restaurant analogy is probably at the appropriate level of complexity for our legislatures.
February 25th, 2010
12:06 pm
Elizabeth-I'm with you. When I signed on to teach, I knew that I would work beyond 8:30 to 3:30. I have always done so and never expected otherwise. Now, I will get more students and fewer days of instruction AND be exptected to produce the same results. I choose not work harder (for less money) to try to perform a miracle.
February 25th, 2010
1:05 pm
Teacher-parent: I agree and I will not.
February 25th, 2010
4:23 pm
Correct me if I'm wrong, but isn't teaching the least paid profession that requires a 4 year degree? I have a friend who cuts hair that makes more than I do. Not saying that doing hair isn't important, but shaping the minds of our future leaders sounds like it has more substance. Just a thought.
February 25th, 2010
9:06 pm
I guess what I wanted to say was that people don't become teachers for the pay because it is no secret that teachers get paid next to nothing. But without teachers, who would teach anyone. I just sometimes wonder if the powers that be have thought about what outcome they are producing with the pay cuts, lengthed days, larger class sizes, higher standards, and dismal support that teachers today face. Many people have commented about how, as teachers, they don't feel valued or supported. What kind of environment are we creating for our children? I don't know what the solution is to the economic downturn, but I know that the solution for better educating our kids is not by giving teachers less and expecting them to perform more. Just my thoughts.
February 26th, 2010
8:21 am
No matter how many pre- and post-planning days we have, my room is going to be ready before the beginning of pre-planning, and I won't turn out the lights until at least a day after post-planning–this is both by choice and, at times, by necessity. My real gripe here is that my kids no longer order the chocolate chip pancake, so I no longer get my bite.
February 26th, 2010
4:38 pm
The woman is a moron, but, the problem here is that she's right. Teachers need time to prepare *before* students show up. Anybody who thinks otherwise knows not a damn thing about teaching.


text:
The peace-and-love press release issued, significantly, by the Atlanta City Council:
Atlanta Mayor Kasim Reed and Council President Ceasar Mitchell on Thursday applauded the Atlanta City Council for taking a major step toward approving pension plan reform. If approved by the Atlanta City Council next week, the legislation would avoid the need for personnel reductions and service cuts, and put the city on a path toward greater fiscal stability in FY2012 and beyond.
The Council voted 14-0 in favor of an amendment to the proposal recently put forth by Finance Executive Committee Chairwoman Yolanda Adrean and sponsored by Councilmembers H. Lamar Willis, Aaron Watson, Keisha Lance Bottoms, Alex Wan, Howard Shook and Ivory Lee Young. The amendment contains some features of the proposals developed by the Reed Administration and Councilmembers Adrean and Felicia Moore, with input from other council members.
"I strongly support the Atlanta City Council's actions today in taking this major step toward reforming the city's unsustainable pension plan," said Mayor Reed. "This legislation would achieve my administration's goal of providing employees with a retirement benefit the city can deliver while also saving millions of dollars for our city's taxpayers."
"Today's vote shows that local government leaders can work together to solve tough fiscal problems while not breaking faith with public employees, many of whom have risked their lives and provided years of dedicated service to the City of Atlanta," Mayor Reed added.
"The City Council's acceptance today of a 'common ground' pension plan moves us closer to adopting reform that is a win-win for our taxpayers, city employees and the overall financial health of our City," said Council President Ceasar Mitchell. "I applaud Mayor Reed for his unwavering commitment to this critical issue and commend the tremendous effort and leadership shown by the City Council."
President Mitchell added: "The Mayor passionately called on the Council to expedite our work, and the Council asked for his collaboration in reaching common ground. In respectively meeting both challenges, collectively we are poised to embrace a pension reform plan that will unlock our City's untapped potential. I enthusiastically endorse the proposed plan on the table not just because it is a compromise, but because I believe it is a plan that is fiscally prudent, legally defensible, functionally sustainable and humane."
Under the amended proposal, current employees in the traditional pension plan would contribute an extra five percent of their compensation to keep their existing benefits with no other changes.
New sworn police and fire personnel as well as those below a certain payroll grade would be placed into a hybrid composed of a reduced traditional pension and a 401K-type plan. The traditional pension portion would have a one percent defined benefit multiplier and an eight percent employee contribution.
Employees would also participate in a 401K-type plan with a 3.75 percent mandatory contribution that is matched 100 percent by the city. These employees may also contribute an additional 4.25 percent that will be matched by the city. There would be a 15-year vesting period for the defined benefit portion and a five-year vesting period for the 401K-type plan.
In addition, the retirement age for new employees would be increased by two years. The retirement age for new sworn police and fire personnel would be increased from age 55 to 57. The retirement age for all other new employees below a certain payroll grade would be increased from age 60 to 62.
Today's vote is the result of dozens of committee meetings, presentations, workshops, and employee sessions on pension reform over the past 18 months attended by Atlanta City Council members, employees, union representatives and the public.
Mayor Reed has made shoring up the city's reserves, balancing the budget and safeguarding taxpayer dollars a top priority, second only to public safety. Shortly after his inauguration in January 2010, he appointed a Pension Review Panel to begin studying the city's pension fund and make recommendations on how to address the problem.
Six months after taking office, the Reed Administration successfully took the first step toward pension reform by proposing legislation to reduce the multiplier for new employees. The multiplier decreased from three percent to two percent for sworn firefighters and police officers, and from 2.5 percent to two percent for the city's general workers. The legislation also increased the vesting period from 10 to 15 years.
There will be a Special Called meeting of the Atlanta City Council at 3 p.m. on Wednesday, June 29, 2011 in the City Council Chambers.
- By Jim Galloway, Political Insider
For instant updates, follow me on Twitter, or connect with me on Facebook.
June 23rd, 2011
7:49 pm
Thanks for calling this issue to question, Mayor Reed. I'm proud of our City Council as well.
June 23rd, 2011
7:52 pm
It's been years since City of Atlanta government has been able to put egos aside and accomplish something this big. True leadership at work here.
June 23rd, 2011
7:55 pm
"Mayor Reed has made shoring up the city's reserves, balancing the budget and safeguarding taxpayer dollars a top priority, second only to public safety. Shortly after his inauguration in January 2010, he appointed a Pension Review Panel to begin studying the city's pension fund and make recommendations on how to address the problem."
That's what it's all about. This could warm the heart of the harshest cynic. Great work!
June 23rd, 2011
8:03 pm
I'm just glad all the drama is over. It was great theatre, but it was time for the curtain to close on that act. I'll be a lot slower to criticize our City Council after this legislation is passed. How you get all those personalities to agree is beyond me, but I'll take it.
June 23rd, 2011
8:05 pm
Did someone say consensus builder?
June 23rd, 2011
8:08 pm
Notwithstanding the Rush Limbaugh crowd, self-government is hard work and its takes skills and a sense of responsibility. Kudos to the Mayor.
June 23rd, 2011
8:09 pm
Reed called it:
June 23rd, 2011
8:16 pm
The Phoenix arises again. Way to lead the charge on a nationwide problem Atlanta.
June 23rd, 2011
8:23 pm
Well Done Atlanta
June 23rd, 2011
8:23 pm
I guess it is too much to ask that our federal government take note and not kick our national debt ceiling problem further down the road and actually address it now.
Congratulations to Mayor Reed and the Atlanta City Council.
June 23rd, 2011
8:40 pm
but still…62? really? retirement age should be raised to a lot higher than that…
June 23rd, 2011
9:14 pm
This is all about the defined benefit plan which is mainly for the lower paid blue colar workers. A lower retirement age is justified (actuarialy speaking) because their life-spans are shorter on average.
June 23rd, 2011
9:16 pm
I'll be happy when this is over so we can focus on managing the rest of the City's issues.
June 23rd, 2011
9:52 pm
@ SWATS Guy- What no one mentioned during this entire episode, was that the majority of this council cast the votes in 2001 and 2005 that got us into this entire situation. With the exception of the newly elected officials, Martin, Moore, and Shook, the rest of the Council should be pushed on out the door.
June 23rd, 2011
11:14 pm
translation…more new money for us to piss away on something else our cronies want
June 23rd, 2011
11:30 pm
How did Mayor Reed prevail??? We as employees came up with the idea to increase our contribution by 5%, and other concessions. If you remember, the Mayor wanted to turn over EVERYTHING to wall street. I would call it a compromise between the employees, and council.
June 23rd, 2011
11:34 pm
Isn't this "pension reform" just kicking the can down the road with untenable assumptions and politics trumping financial common sense? How many people will claim to be surprised when the City is gasping for air five or so years down the road and real pension reform is put back on the table?
June 24th, 2011
6:07 am
How long has it been since corporations started phasing out pensions for 401K's. I think it has been more than five years.
June 24th, 2011
8:34 am
Actually pensions are a no-win proposition for cities anyway. They basically they became a weath redistribution program for those who benefitted from society's view at the time that employment (and retirement) was a birth right based on race and to the detriment of those who really did the heavy lifting.
June 24th, 2011
9:34 am
Well had it not been for Ceasar Mitchell pushing for that 10th vote we wouldn't be here having this discussion on who to give credit too.
June 24th, 2011
10:19 am
I wish they'd go one step further and exempt themselves as legialators from the City's pension program. Legialators at all levels, from city to county to state to federal, ought not get pensions for their time in that service. In addition to removing what could be considered a real conflict of interest, it could also have the effect of keeping peoople from treating legislative service as a career.
June 24th, 2011
11:25 am
These are prudent financial steps that needed to be taken. Even the new, revised pension/401-K/retirement age provisions look pretty attractive compared to what most workers in the private sector get.
If the City workers don't like it let them leave and find employment elsewhere.
June 24th, 2011
12:46 pm
dump pensions for these overpaid, lazy atlanta workers and make them use 401k plans like everyone else. The city is broke and can't be paying for guaranteed retirement benefits for these "workers." End all pensions now!!!
June 24th, 2011
2:21 pm
I thought there was a federal law that private pensions must vest in five years and public pensions in ten. How are they getting away with a 15 year vest?
Now that the pensions have been reduced, are they going to pay market rate for their employees? Most would get higher hourly wages in the private sector.
June 24th, 2011
10:55 pm
It should be noted that this was NOT the Mayor's plan. This was not the Mayor's win–he did not have the votes to get what he wanted. The Council and the city workers developed this and Council President Mitchell provided not only the guidelines, but the leadership to get the votes. While the Mayor will get the credit, and I applaud him for making this a major issue, the Council and Council President Mitchell deserve the credit for passing reform.


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Superior Pontiac Buick GMC, Incorporated et al v. Nissan North America, Incorporated - Document 64
Court Description:
OPINION AND ORDER granting in part and denying in part 47 Motion for Partial Summary Judgment. Signed by District Judge Marianne O. Battani. (BThe)
Superior Pontiac Buick GMC, Incorporated et al v. Nissan North America, Incorporated Doc. 64 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION SUPERIOR PONTIAC BUICK GMC, INC., a Delaware corporation, d/b/a SUPERIOR NISSAN and WALTER J. SCHWARTZ, CASE NO. 08-10642 HON. MARIANNE O. BATTANI Plaintiffs, v. NISSAN NORTH AMERICA, INC., a California corporation, Defendant. / OPINION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT This matter is before the Court is Defendant Nissan North America, Inc.'s ("Nissan") Motion for Partial Summary Judgment. (Doc. 47). The Court heard oral argument on February 3, 2011, and at the conclusion of the hearing took this matter under advisement. For the reasons that follow the motion is GRANTED in part and DENIED in part. I. STATEMENT OF FACTS In their complaint, Plaintiffs Superior Pontiac Buick GMC, Inc. ("Superior) and Walter Schwartz (collectively "Superior") allege that Nissan committed various illegal acts during the course of the parties' dealings and through Nissan's eventual termination of the parties' sales and service agreement. (Doc. 1.) The parties' relationship is longstanding; in January 2001, they entered into a term agreement, the Nissan Dealer Term Sales & Service Agreement (term agreement), which expired on June 30, 2002. Dockets.Justia.com On March 10, 2003, Superior and Nissan executed a Nissan Dealer Sales & Service Agreement (Dealer Agreement), which governs their relationship. (Doc. No. 47, Ex. D.) Schwartz signed the Dealer Agreement in his capacity as the Principal Owner of Superior. (Id.) Throughout their relationship, Superior's Primary Market Area (PMA) increased. PMA includes the geographical territory for which a dealer is charged with the primary responsibility of making vehicle sales. In 2003, Superior's sales were poor, and in 2004, they fell to the lowest sales penetration ranking in the North Central Region, Michigan, and the District. In 2005, Superior was ranked next to last in the North Central region. (Doc. No. 47, Ex. I.) Based on the performance, Nissan issued Superior a Notice of Default (NOD) on September 6, 2005. (Doc. No. 47, Ex. J.) Superior had 180 days to improve its sales performance or face termination of the franchise. (Id.) Superior denied that it was in default and maintained that its sales were adequate. In August 2006, Nissan agreed to extend Superior's cure period another 180 days. (Doc. No. 47, Ex. K.) Superior's sales had improved apart from a recent dropoff, and it believed its sales were good given the large number of Ford employees in the area. Nissan did not endorse this position. In 2006, Nissan initiated a study of the Detroit market. In March 2007, Nissan reviewed the results and determined that Superior would benefit if it relocated. (Doc. No. 47, Ex. M.) Nissan informed Superior in April 2007, that if Superior elected to sell or transfer the dealership, Nissan had to approve the sale and could base approval on the buyer's commitment to relocate the dealership. (Doc. No. 47, Ex. N; Doc. No. 52, Ex. 3.) 2 On December 4, 2007, Nissan issued Superior a Notice of Termination because Superior had "unsatisfactory sales penetration performance." (Doc. No. 47, Ex. O.) Plaintiffs filed this lawsuit two months later, in February 2008. Underlying the claims alleged in their complaint, is Plaintiffs' contention that they never received enough inventory to succeed. Specifically, when Superior purchased the Nissan franchise, it purchased the existing inventory of thirty-six vehicles. Superior believed that Nissan would provide it with an "opening allocation" of vehicles as detailed in the new dealer literature. (Doc. No. 52, Ex. 4, Nissan Sales Distribution Polices and Procedures.) Schwartz asserts that other dealerships were given opening allocations, and one dealership's was so large, Superior purchased some of its vehicles. (Id.) Further, according to Plaintiffs, the opening allocation is important because it begins the "turn and earn" system by which Nissan supplied vehicles based on the dealer's sales. Schwartz asserts that without inventory, Superior could not increase sales, and Superior was chronically undersupplied. (Doc. No. 52, Ex. 5.) Supply was addressed in the parties agreements, and without question, the parties understood that: numerous factors [ ] affect the availability of Nissan Vehicles. . .including, without limitation, production capacity, sales potential in Dealer's and other Primary Market Areas, varying consumer demand, weather and transportation conditions, and state and federal government requirements. Since such factors may affect individual dealers differently, Seller reserves to itself sole discretion to distribute Nissan Vehicles in a fair and consistent manner, and its decision in such matters shall be final. (Doc. No. 47, Ex. B, � 7.A.1.) 3 In their complaint, Plaintiffs seek to enjoin the termination of the franchise and seek damages for violations of the federal Automobile Dealer Day in Court Act, 15 U.S.C. �1221, et seq. (ADDCA), the Michigan Motor Vehicle Dealers Act, MICH. COMP. LAWS � 445.1561 et seq. (MMVDA), breach of contract, and tortious interference with a business relationship. Plaintiffs' claims arise out of their assertion that Nissan failed to exercise good faith in its dealings with Superior and imposed unreasonable and unobtainable performance standards thereby undermining Superior's sales performance and justifying termination. II. STANDARD OF REVIEW Rule 56(c) states that summary judgment "should be rendered if the pleadings, the discovery, and disclosure materials on file, and any affidavits show that there is no genuine issue as to any material fact and that the movant is entitled to a judgment as a matter of law." FED. R. CIV. P. 56(c). There is no genuine issue of material fact if there is no factual dispute that could affect the legal outcome on the issue. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248-49 (1986). In other words, the movant must show that it would prevail on the issue even if all factual disputes are conceded to the nonmovant. Additionally, for the purposes of deciding on a motion for summary judgment, a court must draw all inferences from those facts in the light most favorable to the nonmovant. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587 (1986). III. ANALYSIS Nissan asks the Court to dismiss all claims asserted by Plaintiff Schwartz individually. It also asks the Court to dismiss the request for punitive damages, to apply 4 the doctrine of laches or to limit claims based on the respective statute of limitations, to dismiss any allegation of harm arising from Nissan's reservation of the right to approve any dealership sale, to dismiss the tortious interference claim, and to dismiss any claim of coercion or intimidation by Nissan arising out of the decision to terminate Superior for poor sales performance. The Court discusses the merits below. A. Schwartz's Status The parties agree that Schwartz signed the Dealer Agreement in his capacity as an officer of Superior, and that he is the principal owner of Superior. They disagree as to the import of his signature on the parties' agreements. Under long established law, even a sole stockholder cannot maintain an action to redress injuries to a corporation. Canderm Pharmacal, Ltd. v. Elder Pharaceuticals, Inc., 862 F.2d 597, 603 (6th Cir. 1988) (citation omitted). Notably, in Canderm Pharmacal, the appellate court noted that even a contract conditioned on the continued involvement of the president with the corporation, did not establish a basis for an exception to the rule. Id. Nevertheless, if an individual can show a violation of a duty owed directly to him, he may pursue an action on his own behalf. See Gaff v. FDIC, 814 F.2d 311, 315 (6th Cir. 1987). Accordingly, the resolution of this dispute turns on whether Schwartz can establish a violation of a duty owed directly to him. Plaintiffs assert that there was a violation of a duty owed directly to Schwartz because the Dealer Agreement indicates that it is a personal services agreement entered into by Nissan in reliance upon Schwartz individually. The Agreement defines the principal owner as the person "upon whose personal qualifications, expertise, reputation, integrity, experience, ability and representations concerning the management and operation of 5 Dealer, Seller has relied in entering the Agreement." (Doc. No. 52, Ex. 23, Sec. 1(O).) Further, the owner is prohibited from assigning the rights and privileges conferred upon him. Plaintiffs assert that these provisions distinguish this case from those invoking the general rule that a corporation is separate and distinct from its shareholders. The Court disagrees. Nissan's contractual obligations were to Superior, not Schwartz. (See Doc. No. 47, Exs. B and D.) Here, there is no "separate and distinct" injury to Schwartz that could support an individual recovery. To the contrary, any injury he suffered is inextricably intertwined with, or derivative of, any injury suffered by Superior. Further, the statutory claims do not authorize damages to an individual in Schwartz's position. See Caruana v. Gen. Motors Corp., No. 05-5458, 2006 WL 2873178 (6th Cir. Oct. 5, 2006) (holding that a dealer principal lacked standing under the DDCA despite contractual reference to his personal involvement in the dealership or status as sole shareholder); MICH. COMP. LAWS � 445.1562(2). Accordingly, the Court finds Schwartz lacks standing to pursue claims individually. B. AVAILABILITY OF PUNITIVE DAMAGES Plaintiffs seek punitive damages. Neither California nor Michigan law allows punitive damages for a breach of contract claim. See Quigley v. Pet, Inc., 208 Cal. Rptr. 394 (Cal. Ct. App. 1984); Fellows v. Superior Products Co., 506 N.W.2d 534 (Mich. Ct. App. 1993). Further, punitive damages are not available under the MMVDA or the Dealer Day in Court Act. In Laverly et al., v. Nissan North America, No. 03-1005, 2004 WL 1041604 at *6 (6th Cir. May 4, 2004), the court held as follows: Michigan law prohibits the recovery of punitive damages (or exemplary damages, as Michigan labels them) for a statutory claim unless the statute itself authorizes the damages. See B & B Inv. Group v. Gitler, 229 Mich. 6 App. 1, 581 N.W.2d 17, 21 (1998) ("[W]here a cause of action is statutorily based, there must be a basis in the statute for awarding exemplary damages, i.e., either an express provision or [ ] legislative history from which one could infer a legislative intent to provide such an unusual remedy.") (citation and quotation omitted). Accordingly, the Court dismisses the request for punitive damages relative to the contractual claim and the statutory claims. C. LACHES Next, Nissan asserts that Plaintiffs waited too long to bring their claims. The Court disagrees. Under Michigan law, laches requires "a lack of due diligence on the part of the plaintiff resulting in some prejudice to the defendant." Gallagher v. Keefe, 591 N.W.2d 297, 300 (Mich. Ct. App. 1998); Herman Miller, Inc. v. Palazzetti Imports and Exports, Inc., 270 F.3d 298, 320 (6th Cir. 2001). In the Sixth Circuit, there is a strong presumption that any delay by the plaintiff is reasonable provided the applicable state statute of limitations has not lapsed. Id. This is not a situation where Plaintiffs' delay has misled Nissan "into acting on the assumption" that they abandoned their claim. See 11A Charles Alan Wright, Arthur R. Miller, & Mary Kay Kane, Federal Practice and Procedure � 2946 at 117 (2d ed.1995) (quotation omitted). Nor have Plaintiffs acquiesced in Nissan's conduct. To the contrary, the parties' correspondence undermines any contention of abandonment. Nissan was aware of Superior's position that it needed more inventory and that the assessment of performance was arbitrary. Here, Plaintiffs had no incentive to file a lawsuit until they received the Notice of Termination. The Court therefore denies Nissan's request for summary judgment on its defense of laches. 7 D. STATUTE OF LIMITATIONS Because the contract at issue includes goods and services, the parties dispute how it should be characterized. According to Nissan, a dealership agreement is predominantly a sales agreement and subject to a four-year statute of limitations. In contrast, Plaintiffs maintain that the agreement is a personal services agreement, and subject to a six-year limitation period. The Dealer Agreement establishes Superior as an authorized dealer for Nissan. Pursuant to Section 12C, the agreement " is a personal services agreement. . . ." (Doc. No. 47, Ex. B, Sect. 12C.) The Court finds the language is unambiguous. The parties entered into a personal service contract setting forth the rights and obligations of dealer relating to the sale and service of Nissan vehicles. They intended this contract to be for personal services, and it is subject to a six-year statute of limitations. This determination is not undermined by case law cited to show that courts in other jurisdiction have applied the predominant effect test to motor vehicle dealership agreements, and concluded that dealership agreements are "predominantly for the sale of goods." American Suzuki Motor Corp. v. Bill Kummer, Inc., 65 F.3d 1381, 1386 (7th Cir. 1995); see also Paulson, Inc. v. Bromar, Inc., 775 F. Supp. 1329, 1333 (D. Hawaii 1991) (finding that sixteen jurisdictions have determined that the UCC applies to distributorship agreements). The Sixth Circuit is not one of those courts. In Wells v. 10-X Mfg. Co., 609 F.2d 248, 254-55 (6th Cir. 1979) (finding manufacturing agreement not sales contract based on analysis of Michigan law given the specific facts), the appellate court directed lower courts to consider all of the facts in assessing the nature of the Dealer Agreement. 8 Here, in addition to the contractual language, which clearly "bespeaks the intention" of the parties, Wells, 609 F.2d at 254, the Court observes that the parties are not in litigation over a claim of defective goods. Superior's performance of services. Here, the challenge it to the sufficiency of Plaintiffs do not contest the applicable time limitation relative to their other causes of action. There is no dispute that as to the ADDCA and tortious interference claims, a three-year statute of limitations applies, and therefore any claim that accrued prior to February 14, 2005, is barred. In addition, the parties agree that the MMVDA claim is subject to a six-year statute of limitations. Therefore any claim accruing before February 14, 2002 is time-barred. E. CONDITIONAL APPROVAL FOR SALE OF THE DEALERSHIP In support of several counts of their complaint, Plaintiffs challenge Nissan's right to condition approval of any dealership sale upon the buyer agreeing to relocate in accordance with the market study recommendations. They rely on Michigan law to support their theory. It prohibits a manufacturer from requiring a dealer to change the location of the dealership or making substantial alterations to the dealership premises if it would be unreasonable to do so. MICH. COMP. LAWS � 445.1574(g). In asking the Court to dismiss any claim arising out of the approval provision, Nissan maintains that the approval issue is speculative. Nissan is correct that courts are not free to resolve hypothetical, conjectural matters. Abbott Labs v. Gardner, 387 U.S. 136, 149 (1967). Nevertheless, the Court finds Plaintiffs may advance their theory that the approval provision renders the dealership salesproof. Even if Superior has not presented any 9 purchase offer, and Nissan has not forced Superior to relocate, Plaintiffs' theory is that Nissan's desire for relocation of the dealership motivated the termination. Therefore, the Court declines to dismiss claims based on this theory F. TORTIOUS INTERFERENCE CLAIM Count VII advances a claim of tortious interference. The parties do not specify whether California or Michigan law governs this claim. Nor do they articulate any difference between the two. Accordingly, the Court references Michigan law in its analysis. To prevail on a claim of tortious interference, a plaintiff must show the existence of a valid business relationship or expectation of relationship between plaintiff and a third party, knowledge of that relationship or expectation by the defendant, and intentional interference by the defendant causing the termination of the relationship or expectancy, resulting in damage to the plaintiff. Dalley v. Dkema Gossett, PLLC, 788 N.W.2d 679 (Mich. Ct. App. 2010). In Formall, Inc. v. Cmty. Nat'l Bank of Pontiac, 421 N.W.2d 289, 293 (Mich. Ct. App. 1988) (citation omitted), the state court elaborated on the third factor, noting that an allegation of "the intentional doing of a per se wrongful act or the doing of a lawful act with malice and unjustified in law for the purpose of invading the contractual rights or business relationship of another" was required. Plaintiffs claim that Nissan interfered with prospective client relationships by setting criteria that would enable Nissan to categorize Superior as a poor performer, despite Superior's competitive performance. Further, Nissan failed to consider factors unique to Superior's performance. According to Plaintiffs, Nissan wanted Superior out of business in order to force relocation of the dealership. 10 Even if this conduct satisfies the element of unlawfulness or maliciousness, there has been no evidence presented by Plaintiffs that any relationship has been subjected to interference. The Sixth Circuit has held that a franchisee has no business expectancy of future business relationships with customers developed during the franchise relationship. Geib v. Amoco Oil Co., 29 F.3d 1050, 1061 (6th Cir. 1994). In Geib, the plaintiff's franchise was not renewed after the defendant discovered that the plaintiff was manipulating reports. Id. at 1052-1053. The appellate court affirmed the dismissal of the plaintiff's claim of tortious interference with business relations, holding that an expectation of future dealings with former customers did not survive the termination of the franchise. Id. at 1061-1062 (citing Michigan Podiatric Med. Ass'n v. Nat'l Foot Care Program, Inc., 438 N.W.2d 349 (Mich. Ct. App. 1989). The reasoning is persuasive. Accordingly, the Court dismisses the claim. G. ADDCA CLAIM An automotive dealer may bring suit under the ADDCA against "any automobile manufacturer" for damages sustained as a result of a failure to act in good faith in terminating or canceling the franchise. 15 U.S.C. � 1222. The Act defines good faith narrowly: it includes "freedom from coercion, intimidation, or threats of coercion or intimidation. . . ." 15 U.S.C. � 1221(e). In the absence of coercion, intimidation, or threats thereof, there can be no recovery. Fray Chevrolet Sales, Inc. v. GM Corp., 536 F.2d 683, 685 (6th Cir. 1976). A mere lack of fairness will not satisfy the statute. Id. Because Nissan has advanced " an objectively valid reason for its actions," Plaintiffs cannot prevail without evidence of an ulterior motive." Id. "This is not to say, however, that a manufacturer who chooses to terminate a dealer can immunize itself from ADDCA liability 11 by simply pointing to a franchise agreement provision with which the dealer ostensibly failed to comply and assert that such provision was the basis for its severance of the franchise relationship." Gen. Motors Corp. v. New A.C. Chevrolet, Inc., 263 F.3d 296, 326-27 (3d Cir. 2001). Evidence of coercion and intimidation can be inferred from conduct. Consequently, Nissan's insistence that Superior adhere to its franchise obligations may constitute a wrongful, sanction-backed demand, provided Plaintiffs can show Nissan was motivated by a pretextual, bad-faith reason. The assessment of Nissan's good faith is ordinarily "a matter for factual weighing." Lavery, 2006 WL 1041604 at *5. After reviewing the evidence presented in the light most favorable to Plaintiffs, the Court finds a genuine issue of material fact exists. Plaintiffs' claim is not merely that Nissan's failed to supply it with high demand cars to force termination or that Nissan gave Plaintiffs only low demand cars. Plaintiffs' position is that Nissan applied the sales performance standards and allocation system in a way so as to create a pretext for termination. Correspondence dating back to June 2004, set the stage for the December 4, 2007, Notice of Termination. (See Doc. No. 52, Exs. 13-22.) Plaintiffs repeatedly explained unsatisfactory sales resulted from lack of inventory. In December 2006, Nissan informed Superior that it could not provide it more cars, and suggested that Superior buy from other dealers and brokers. In sum, Plaintiffs claim that Nissan withheld inventory thereby making it impossible to meet sales goals. Here, viewed in the light most favorable to Plaintiffs, Nissan added the relocation "threat" after the Detroit metro market study in 2006-07. Although the Notice of Default occurred in September 2005 before the market study, Nissan granted extensions until the results of the market study. Therefore, although Superior's performance was at issue 12 before the recommendation to move the dealership, the decision to terminate was not. Nissan threatened the loss of the franchise if Superior did not sell more cars, but never supplied Superior with more cars to sell. Therefore, the Court denies summary judgment on this claim. H. MMVDA CLAIM At issue in this claim is whether Nissan applied its allocation system in an arbitrary or capricious manner. Section 7 of the MMVDA, prohibits a manufacturer from adopting, changing, establishing or implementing an allocation and distribution system for new motor vehicle dealers that is "arbitrary or capricious or based on unreasonable sales and service standards." MICH. COMP. LAWS � 445.1574(1)(a) Plaintiffs claim that Nissan violated its own Sales Distribution Policy and Procedures at the beginning of the relationship, by not providing the opening allocation of vehicles to Superior. Further, Nissan failed to consider that Superior operated in the shadow of Ford Motor Company World Headquarters. Most importantly, Nissan's complaints about sales performance were a pretext to avoid the statutory prohibition against forcing dealers to relocate or unseasonably withholding consent to a sale or unfairly preventing the dealer from receiving reasonable compensation for the value of his dealership. As evidence for this theory, Plaintiffs direct the Court's attention to the ever increasing PMA, which increased the number of cars Superior had to sell, regardless of the viability of the market or other unique market factors. (Doc. No. 52, Ex. 10.) Specifically, when Superior purchased the franchise in December 2000, its PMA abutted an open point, which was not occupied by a franchised dealer. Nissan increased Superior's PMA in August 2001, March 2004, and January 2006. (Doc No. 52, Ex. 11.) According to Plaintiffs, Nissan knew that 13 the increased area could not support a dealer, and continued to decline to provide additional cars despite the expanded PMA. In addition, Plaintiffs assert that Nissan dealers in the Detroit market collectively underperform, given the strong domestic influence. In light of the evidence, the Court is satisfied that genuine issues of material fact require it to deny summary judgment on the claim that Nissan failed to exercise its discretion reasonably in establishing a vehicle allocation system. V. CONCLUSION For the reasons stated, the Court GRANTS in part and DENIES in part Defendant's Motion. The Court dismisses Schwartz, the request for punitive damages, and the tortious interference claim. The Court denies the request for summary judgment on the doctrine of laches and the claims brought under the ADDCA and MMVDA. Finally, the Court finds the statute of limitations on the breach of contract claim is six years. IT IS SO ORDERED. s/Marianne O. Battani MARIANNE O. BATTANI UNITED STATES DISTRICT JUDGE Date: April 8, 2011 CERTIFICATE OF SERVICE Copies of this Order were mailed and/or electronically filed to counsel of record on this date. s/Bernadette M. Thebolt Case Manager 14


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OWEN, Wis. (WSAU) -- The man accused of trying to skin his dog alive is out of jail.
65-year-old Charles Weissmiller signed a $3,000 signature bond Wednesday, and is currently out of the Clark county jail and back at his Stanley residence. The dog named Sammy had been severely cut, and had lost both flesh and fur. The complaint says Weissmiller admitted he harmed the Labrador-Shepherd mix because he no longer wanted it.
Sammy is doing much better, thanks to the generosity of the community and Police Chief Andrew Schade. The Owen chief has personally paid over $1,000 so far to cover several surgeries by the veterinarian.
Sammy has many bandages and is being cared for at a foster home.
As for Weissmiller, he has been ordered to stay away from all animals and come back to court July 24th for a preliminary hearing on felony animal abuse charges.
A fund has been set up to accept donations for Sammy's veterinary care at Time Federal Savings Bank. If donations exceed the cost of care, the extra money will be donated to the Clark County Humane Society.
You can contact the bank's locations by clicking here.


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Chapter Abstracts
* The author reports on commonalities between the world's shamanic spiritual belief systems.
* Harner lives among tribal people and learns shamanic ways firsthand from them.
* He describes his own spiritual experiences involving water.
* He writes about his experience of "flying" inside a mountain.
* The author writes about experiencing demons as reptiles and carrying a balsa stick for protection.
* Not every tribe uses drugs in shamanic rituals.
* Lakota Sioux and Coast Salish tribes are two examples of groups that achieve altered states of consciousness without drugs.
* Harner emphasizes that Westerners don't need to take drugs to access shamanism.
* The author meets a Jivaro shaman named Akachu.
* Akachu helps Harner acquire spirit helpers called tsentak, which cause or cure illness.
* These helpers are activated when swallowed by a shaman.
* Under the influence of a hallucinogen, these spirit helpers appear as animals such as jaguars or monkeys.
This section contains 1,969 words
(approx. 7 pages at 300 words per page)


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Hi, I'm Jaden, a professional recipe developer, food columnist and food photographer specializing in fast, fresh and easy recipes for the home cook. Most of my recipes are modern Asian! About meFast, fresh & easy recipes for the home cook.
Monday, April 4, 2011
It's taken every ounce of willpower not to buy every one of these!
I've just discovered these – though perhaps those of you with girls in the family have probably heard of or seen these String Doll Gang figurines.
They're made from string – each figure is wound, twisted, looped and wrapped in one continuous piece of string, handmade in Thailand. They company behind this cuteness is Kamibashi, owned by an American couple who used to teach English in Thailand. They maintain Fair Trade practices and the artisans who make the String Doll Gang is based in rural farming villages in Northern Thailand. You can read about The Making of a New String Doll Character.
Each doll has a fabric tag that states their power, for example, Gigi the Giant Panda's tag reminds you to not squander our precious natural resources.
The dolls are $10.00 each on Kamibashi's website.
These are so adorable! And for $10, I am thankful for not owing a Barbie
How cute!! I love the Dorothy one.
I have one of them! They are sooo cute, but they don't seem to be that popular here? I never see them in stores; I got mine from Taiwan.
I have one he is a little monster that hangs out in my car. I call him our Guardian Angel.
I wanna figure out how to make those in big sizes. They are way too cute to be that small. They have that "loved" stuffed animal quirkiness. You want to hug them. Seriously. Well, I do, at least.