text:
|Register to reply
On Fine-Tuning and the Functionality of Physics
by ConradDJ
Tags: anthropic principle, evolution, fine-tuning
|Share this thread:
Sep16-10, 08:09 AM
Sep17-10, 04:05 AM
Although physics is good at mathematically describing and rationalising what is observed and measured, it is not quite so good at anticipating the often unexpectedly complicated outcome of clever processes that nature has devised. Especially self-promoting ones; those that make it easier for the same process to continue or repeat itself. Think of how gravitational accretion unexpectedly causes stellar jets to form; how self-promoting fluvial erosion causes complexities like the Grand Canyon and how the self-promoting chemical replication of DNA is responsible for the biological complexities we live among.
Conversely, in an universe filled with complicated stuff, much of which seems to be the ultimate result of various self-promoting tricks-of-nature, I think looking for some 'underlying functionality' is carrying reductionism too far. I can't find 'functionality' in my dictionary, anyway.
It is as if physicists "seek him here, ... seek him there, ... seek him everywhere. Is he in heaven?Is he in hell? That demmed, elusive Pimpernel."
Sep17-10, 08:01 AM
PF Gold
Well, I was trying to make a distinction between formal and functional explanation that apparently doesnt seem significant to you and oldman... and maybe it isnt very clear in relation to physics. But in biology, its not that the structure of organisms is consistent with Darwinian evolution, as if reproduction and evolution were formal principles that life obeys. And theres nothing that indicates the evolution of life on Earth is inevitable. Nor could we derive any of the details of biological structure from evolution.
On the other hand, we can understand most of those details the clever processes nature has devised as accidents that proved to be very useful in relation to the requirements of staying alive and reproducing the species. Evolutionary theory is very weak at prediction, but very powerful at making the world intelligible.
So if there were an underlying functionality in physics, we wouldnt expect it to determine the rest of physics. We would expect it to show us how an essentially random chaos of lawless interaction comes to look so highly structured and precisely lawful, and what each of the different aspect of physics contributes to making the whole thing work.
If our universe evolved, then presumably it could have evolved in many other ways, leading to other laws and spacetime structures very different from ours that would also have been very finely-tuned to work the way they work. And we would be able to understand the details of physics in our universe not as inevitable in any way, but as the comprehensible results of a unique history.
Sep17-10, 08:27 AM
PF Gold
The other point I was trying to make in the posts above is that the functionality were talking about is not necessarily something elusive a mysterious secret of the universe we have yet to discover. I suspect on the contrary that we dont understand it clearly because its too obvious and too basic to everything in physics.
That was also true in biology. Darwin was certainly not the first to realize that organisms reproduce themselves! And it was no great discovery either that some members of a species are better at reproducing than others. But he was the first to realize the implications of these obvious facts of life and he probably wouldnt have achieved that if the notion of evolution over geological time had not already been in the air. Even once he understood that evolution operates the same way pigeon-breeders do, through selective reproduction, it took many years to convince himself and others about something that nowadays is practically self-evident (at least to biologists).
So basically this boils down to a question since we find ourselves in a physical world that seems to be finely-tuned in many respects, is there something very obvious were taking for granted about physics, that might lead to a similar kind of understanding? For example, that things in the world are determinate and "obey laws" and are observable? This is all so basic and necessary to our experience that its still very hard for us not to take it for granted, even after many decades of wrestling with the meaning of QM, which calls all of these things into question.
From a formal standpoint, there are a lot of complex facts about the world that were trying to "derive" from some underlying mathematical principles. But maybe just the fact that there are observable facts has implications for physics that we havent understood.
Sep17-10, 10:16 AM
It would be great if this were so. The only obvious feature of physics that to me seems as if it could fit the bill is the self-consistency that physics has. In particle physics there is such an idea --- I think it's called the bootstrap hypothesis --- proposed by Geoffrey Chew quite a while ago, discarded and perhaps again becoming relevant today. Maybe the physical world behaves as it does because this is the one (and only?) way its behaviours can mesh together seamlessly? Rather as the pieces of a jigsaw puzzle fit together.
But the devil is in the details. While electromagnetism and special relativity are seamless partners, there is as yet no seamless meld of say, quantum mechanics and gravity. Not for the want of trying, though, as this forum shows!
Sep17-10, 03:53 PM
I think you're looking for a discussion, and I've already thrown in my perspective, but here is another question, just to provoce some points...
...could the QUEST for such "compactified" understandings in of finding formal reductions still be RATIONAL? What is it's utility? What is the "survival value" of such reductions EVEN if they are mistaken for mathematical truth?
(I have an opinon, but maybe someone else may want to comment?)
Sep17-10, 05:27 PM
PF Gold
For instance, both bios and abios are functional in thermodynamic terms - they arrange themselves into structures that dissipate entropy. So self-organisation and fine-tuning can be explained in that context.
But then actual bios does something else. It does not just develop (which is all a dissipative structure does) but also has the secondary machinery to control and even evolve.
As Howard Pattee puts it, it uses rate-independent information to control rate-dependent processes. So for example, our genes (which store information in a "timeless" fashion), throw enzymes into the mix to control the rate of some metabolic reaction, some self-organising dissipative process.
This genetic information does not develop (it stands apart from the usual molecular wear and tear) but it does evolve - there is a process for mixing up the information every so often and trying out some new combination.
Anyway, the point is that theoretical biology makes some clear distinctions between development and development-with-evolution, between abios and bios. Functionality and fine-tuning are part of both stories, but they are two different stories.
So, if cosmological thinking is now looking for wider inspiration (as it has with Smolin), then the speculation has to respect this very critical distinction.
If you are talking just development, then that is the realm of dissipative structure theory and other "raw" forms of self-organisation.
If you are talking about evolution, or evo-devo, then that would require a universe or multiverse to have something extra, some equivalent of Pattee's epistemic cut (the separation of rate-independent information and rate-dependent processes).
Although, having said all that, Smolin's spawning blackholes story is perhaps a curious hybrid - somewhere inbetween evo and devo. Every blackhole, which is a white hole to the other side, has a "genetic" memory in that it provides a set of initial conditions that are rate-independent so far as the rate-dependent development of the new baby universe is concerned.
But there is then no selection as such to fine-tune the information bound up in a blackhole. An unlimited supply of entropy and "space" is available so that the branching is without limit and there is no actual constraining competition between alternative recipes for particular universes. Some just happen to be more fecund than others over time.
This "biological" theory needs some source of variation so that not all blackholes are alike in the first place, as well as a source of unbounded entropy, and most of all, some reason to believe in white holes.
However, again, I think it shows that biology can be a source of inspiration for cosmological theorising. And there is a well-developed set of definitions in theoretical biology that would allow for a more precise framing of theories based on "fine-tuning from functionality".
Sep17-10, 05:49 PM
PF Gold
Yes this is the way physicists think . But it is not necessarily how all biologists think. Instead, complex, hierarchically-structured, worlds or systems arise via the synergistic interaction between bottom-up constructive degrees of freedom and top-down boundary conditions or emergent contraints. A local~global interaction.
So in this view, the systems science view, you always end up with an irreducible two-ness. You need both the local and the global to have anything arising at all.
Now an irreducible two-ness has arisen in fundamental physics - GR and QM. And their interaction quite successfully gives rise to the classical realm in which we live.
To the reductionist who wants only a theory of the local, this is a frustration. But to a systems thinker, it is only natural that we end up with theories describing both the local and the global.
The task then is not to collapse the global to the local but instead to formalise the nature of their interaction. Which is still a big task, but not the same task. It is a different way of thinking about seamless.
Sep18-10, 01:29 AM
Without the element of verifiable prediction physics has an unfortunate tendency to degenerate into a masquerade of words and squiggles. I'd better not give examples.
Sep18-10, 04:21 AM
This is not so common of physics and very underdeveloped, but there are people looking into this. There are also strong analogies to economical system theory, where the predictions are existence of equilibrium points. There are also strong analogies to learning models, similar to the hman brain, which is exactly an evolving interacting inference system, where the inferences determines the actions. Further feedback "drives" learning and evolution of the brain. Predictions could be how two brains interact. From understanding of how an inference systems works, one can make predictions of the interaction properties to two such systems.
The analogy (which is yet of course strongly underdevelped) is to consider two physical systems as two inference systems, then their interaction properties and thus the overall dynamics of the isolated system could in principled be prediced.
This isn't just foggy ideas, I think the outline a precise idea, but this is simply not how physicists traditionally absctract physics. Somehow physics has more of a tradition of reductionism and quest for eternal fixed laws. This is dominating even today. So all mainstream models today are of this structural realist form.
If we think about how GR we developed. Somehow the development of intrinsic differential geometry by Riemann, was almost as it seems a pre-requisite for the understanding of GR.
I think we are in a similar situation. We still lack a developed theory of intrinsic inference. This will be a pre-requisite to understanding & combining the "inference perspective" of QM with the observer dependent views of GR. Unfortunately the structural realist view that IS dominating has lead to another approach: that the observer invariant form of GR, IS what should somehow be subject to inference; RATHER than seeing the set of inferences beeing related by some yet unknown intersubjective rules.
So I think we need more study of mathematical infernece models. We simply lack the right structural framework to pose the questions right. Until we have, I think the ideas expressed in words is the only guide.
Sep18-10, 06:44 AM
PF Gold
The earliest self-replicating systems would have been nowhere near this well-organized -- maybe something like pools of simple organic molecules capable of mutually-catalyzing reactions... so that when the pool happened to get splashed into several pools, those reactions could produce more of the same set of molecules, and keep themselves going.
It's very hard to imagine what very primitive "life" may have been like... literally all we know about it is that it was able to make copies that were able to make copies that made more copies. Now random physical processes do lots of very interesting things, in dissipative systems, for example. But self-replication is a very special kind of "self-promotion". The particular "trick" of making new versions of a system, which is susceptible to variations that also get reproduced in the new versions -- isn't something we see happen much. And if something like this does ever get going, it's probably very unlikely to continue for long in the generally entropic environment of physics.
But, once you have something that can copy itself, then the longer the process keeps going, the more likely it is to be able to keep going, because this kind of thing can evolve and adapt. So this is the beginning of the story... and DNA comes many chapters later, as a highly stable storage mechanism for encoded protein-building information.
It worked so well that now nearly all life makes use of it. But the point of this story is that the basis of life is a specific and very special "functionality" -- something life does, not the physical mechanisms any particular life-form evolves to do that.
If molecular biology had become possible before Darwin, we might have a situation in biology similar to the one we have now in physics. We might have a vast amount of information about an extremely complicated, very finely-tuned system of cellular mechanics, consisting of many interdependent sub-systems, each with its own modes of operation, but no fundamental principle to explain what's going on or why. We would even have a puzzle similar to QM, in that we'd see very highly ordered and predictable behavior at the "macroscopic" level of the living cell, somehow based on the nearly random activity of individual molecules within the cell.
Sep18-10, 07:12 AM
PF Gold
This makes sense to me. Life does have the ability to control ongoing entropy-increasing processes and coordinate them with other processes. This is certainly a basic and distinctive functionality pertaining to nearly all life-forms (though not perhaps to viruses and prions). And as a result, organisms get to be "finely-tuned" in a great many different respects at once (like our universe), unlike other dissipative systems.
But the point of a functional explanation is not just to come up with a general description that fits nearly all known cases... though thats obviously a very useful thing! The goal would be to understand how and why this happens. And in biology we do understand where this rate-independent information comes from and how and why it evolves. Thats all based on what I think of as the key functionality of self-replication.
So abios refers to all the random processes that can occur in physical systems as they slide down the thermodynamic gradient... And bios refers to all those same physical processes, to the extent that theyve been selected and replicated as in some way useful to the process of self-replication.
Sep18-10, 08:23 AM
PF Gold
Well, I dont think its wrong to think that nature obeys laws clearly it does. But youre right, I think this ability to be lawful must be based on something deeper.
The posts by friend and oldman above reflect a sense that the lawfulness of nature and the mathematical self-consistency of those laws almost have to be the basic explanation for things. As you know, this point of view goes back to the beginnings of philosophy and science. And it is such a remarkable idea, that the Logos steers all things through all, as Heraclitus says and it fits so well the way we philosophers and scientists like to think.
And the quest to uncover underlying laws clearly has tremendous utility, since it gave us science. I think the search for unification that led to the Standard Model was the great intellectual accomplishment of the 20th century. But I suspect we now need a different strategy.
But I think what youre suggesting is that in nature itself there is some utility to things obeying laws i.e. having all this random interaction reduce to conformity with a relatively small set of relatively simple formal principles. I certainly agree. The problem is describing the underlying functionality in terms of which the laws are useful.
Ive been intrigued by your suggestion that we might find a model for this in the inference process by which scientists reduce the welter of phenomena to a relatively compact set of laws. Its a guessing game in which guesses are tested against specific cases to improve the guess, and where a key part of the game is trading information about which guesses work. But I haven't yet seen where to find that kind of process in physics.
My own guess is that the measurement process is the key functionality that makes laws useful. For one thing, it involves literally all observable phenomena, and so all of physics. For another, QM gives us very strong indications that things are real and determinate and lawful only to the extent they are measured. And for another, the very difficulty of the question of what constitutes a physical measurement points toward a type of anaylsis that seems to me very new and promising.
What I have in mind is that every physical parameter, system, law or event gets observed through its effect on a different kind of parameter, system, etc. Physics has focused on isolating systems and parameters to study them separately giving us a huge amount of excellent information and then looks for ways to reduce or unify these descriptions, which has also worked very well, up to a point.
But now we may need to ask a different type of question, about the role each physical parameter, each type of field or particle plays in making other parameters and other kinds of systems observable. In other words, the question about measurement suggests the need to understand the relationships between the different kinds of forces, etc., so that they provide a context for measuring each other. If the world were a single, simple mathematical pattern, that might be lovely, but how would it be observable?
We take being observable for granted we assume that if theres something there in the world, then of course there must be some way to measure it. But theres no logic to that. In fact, measuring any specific type of physical information requires other specific types of information to be known. So what kind of information-structure is this, that can measure all its own parameters by means of other parameters?
And can we imagine simpler kinds of systems that can do this trick... out of which our universe might perhaps have evolved?
Sep18-10, 08:23 AM
Sep18-10, 04:47 PM
PF Gold
Anyway, some familiar examples of physical systems with a local~global logic. A bar magnet (local dipoles, global magnetic field). A Rayleigh-Bénard convection cell (local thermal jostling, globally organising convection currents).
Now these are only examples of partially self-organising systems. A bar magnet does not create its own dipoles, just aligns them. A Benard cell does not create the boundary constraint that is the sides of its heated metal pan, it just responds to their given existence. But it is very difficult to find everyday physical examples of what I am talking about - a totally bootstrapping self-organisation - because the everyday world is already so full of strong physical constraint.
The physical world looks like it is made of solid stuff (atoms, matter) and it takes a lot of energy to melt that state of strong self-organisation. It takes an LHC or a quantum level experiment to melt the familiar world of classical local matter and classical global laws and so discover that what we see has self-organised in local~global fashion.
But biology and other "soft" sciences are a better place to see a systems logic at work because - due to their exploitation of entropy gradients - they do have still degrees of freedom that can be shaped, informational constraints that can be developed.
So take an example like a body organ, it has some global function - a purpose. And it is composed of cells that could be many different type of cells (they originally had the pleni-potential of stem cells) but they have become shaped by a particular organ's purpose. So a liver is made of liver cells, not heart cells.
Or you could take other examples such as the way the receptive fields of neurons are shaped by a prevailing state of attention/anticipation.
But you would still be correct that all this is still more about explaining what is already observed than predicting what will be observed.
There are some proto-mathematical tools - hierarchy theory, fractal geometry, complex adaptive systems, scalefree networks, constructal theory, generative neural networks, dissipative structure theory, etc, that "talk around the subject". But it is far from a "shut up and calculate" level of development.
However, that is also why it is an "opportunity". Either physics is so close to unifying QM and GR that just another little push with one of its 50 or 60 varieties of GR-reduction and it will all click into place. Or there is actually a reason why nature resists such a collapse and so room to consider other ways of framing the task.
Sep18-10, 07:15 PM
PF Gold
The reason for the "unreasonable effectiveness" of DNA molecules - and also, serial human speech - is a constraint of dimensionality, a global constraint of local degrees of freedom.
The key to bios is an ability to store rate-independent information about rate-dependent processes. You have to have some kind of memory mechanism that stands apart from the usual thermodynamic fray, so as to be able to harness these very same dissipative processes.
And nature does this via the addition of further constraints. A DNA molecule is not 3D like a protein molecule, or even 2D like a membrane (membranes are used in cells to constrain reaction dynamics of course - a film has a different rate than a volume). It is a reduction of a structure to 1D, which in turn allows a further constraint to the 0D of a point - or in DNA's case, a codon.
The only thing that matters to a codon is its place in a serial sequence. The other directions of space are frozen out and don't exist so far as the coding structure of DNA is concerned (and even the dimension of time, because DNA is by far the most robust kind of molecule, other cellular molecules, even structural ones like microtubules, can half-lives measured in seconds).
So nature uses constraint over dimensionality all over the place to harness dynamics - cells use membrane, pores, and all sorts of other physical constraints. But the really big trick was a result of the most extreme possible dimensional reduction - that to a serial code which put the information as far away as physically possible from the real world of dissipative process...so as to be able to turn around and control those processes by imposing yet further boundary constraints on them (in the form of enzymes, etc).
And nature discovered this trick at least twice. So as well as DNA as a serial coding mechanism, humans also evolved serial speech. A limitation on vocalisation (the ability to articulate only a single phoneme at a time) became also the constraint that unlocked the coding potential of human language - a new kind of DNA to undepin socio-cultural evolution.
All this seems a long way from physics. But in fact it is the physics - a generic model based on the notion of constraints on degrees of freedom - of modern theoretical biology.
So again, if we follow Schrodinger's advice in What is Life, then biology really can offer a broader view of how the world works.
Sep19-10, 03:42 AM
Such as your noting that: "nature uses constraint over dimensionality all over the place to harness dynamics - cells use membrane, pores, and all sorts of other physical constraints." I would call this one of nature's tricks; a trick being something surprising in both outcome and underlying simplicity with some tricks being more effective than others. It seems to me that recognising effective tricks, or a class of effective tricks, like those that are self-promoting, may help us to understand nature better.
Here's an example of a trick that involves 'dimensional reduction' and is also 'self promoting'. You're probably aware of it:
Three-dimensional crystals grow at surprisingly low supersaturations because their translational symmetry is in practice hardly ever perfect. A one-dimensional linear defect can convert a three-dimensional lattice into a two-dimensional spiral ramp (like a multi-level parking garage). A surface intersected by this defect then becomes a self promoting site for growth at theoretically impossible low supersaturations. Perhaps this trick has 'global' (the lattice) as well as 'local' (the defect) aspects as well, and could be called a local-global trick.
The point I'm trying to make is that nature, with its huge bag of tricks, seems to be much smarter than we are. Even the clever fellow who recognised this trick (Charles Frank) didn't fully unravel the almost biological complexities that such defects can create in crystals. Makes one wonder about the potential complexities of defects in the now-being-considered symmetries of fundamental physics.
Sep19-10, 10:25 AM
PF Gold
"Functionality" is purposely un-specific, because I'm more interested in raising the question about what the basic functionality is, than coming up with a definitive answer. Even in biology where we know the thing quite well, conceptually, evolution is complicated and gets more and more so over time. So while it's accurate to say it's essentially all about things making copies that make copies... really what "functionality" points to here is whatever it is that evolves, so that it can keep on evolving.
In case it's not obvious, I'm using the term in the sense of the functionality of a button on your computer screen, or of a piece of software or hardware --i.e. a description of what it does, what it's good for.
In the case of physics, I think that to describe the "basic functionality" as measurement, or observation, or the communication of information, comes close. But none of these terms are really well-defined yet, in physics, though we know what they mean well enough in daily life. But I'm not trying to give a precise definition, at this point. First we need to get a feel for what's going on with this business of determining information through interaction that then gets passed on as part of the context for determining other information, and so on.
I'm thinking that eventually we may be able to picture this process as the kind of thing that can evolve, just as we can picture the evolution of self-reproduction in biology. Then we'll be in a better position to describe just what's needed to make this work.
|Register to reply
|Related Discussions
|Fine-tuning problem
|Beyond the Standard Model
|Fine-Tuning from First Principles... don't laugh...
|General Physics
|Fine tuning or dumb luck?
|General Discussion
|Fine tuning
|Astronomy & Astrophysics


text:
Reminder: this information is not a substitute for medical advice! Consult a healthcare professional about whether these treatments are appropriate.
Huperzine A is an herbal supplement used in China to treat memory loss. It may work by preventing abnormal decreases in acetylcholine, a chemical that carries messages between brain cells, with an action similar to some prescription medicines.
There is some evidence that Huperzine A may be effective. Results of a trial of Huperzine A sponsored by the U.S. National Institutes of Aging have not been announced.

subset: commoncrawl


text:
Administrative Assistant to Dr. Marshall Martin, Senior Associate Director of Agricultural Research Programs, Assistant Dean of Agriculture and Professor Agricultural Economics.
Marissa has been a staff member at Purdue University since August of 2004.
Previous Positions held at the Univesity:
Secretary-Admissions/Recruitment, Purdue University Interdiciplinary Life Sciecnes (PULSe) Graduate School Program
Academic/Grant Secretary IV, Department of Biological Sciences
Secretary V, Grant Support in the School of Nursing
Secretary V, ARRA Reporting/Support for Proposal Writers for the Office of the Vice President for Research (OVPR)
Error: A system error occurred while accessing the list of publications.
Error: A system error occurred while accessing the list of honors and awards.


text:
Castine, Ohio is located in Darke County. Castine has a population of 129 and has shown -8.5% growth since 2000. Of the 50 households in Castine, 64.2% are owned, 30.2% are rented and 6% are not currently occupied. The median age of homes in Castine is 64 years and 42.0% of the homes have been occupied by the same residents for more than 5 years. Learn more about Castine, Ohio real estate at coldwellbanker.com.
Heritage Realtors
2000 Hewitt Avenue


text:
120/365: The Prestige on Flickr.
Via Flickr:
This idea quite literally fell on top of my head…pun intended. I was a magician for Halloween and my top hat has been sitting on a shelf in my closet abandoned for quite some time.
It was so hard to keep my balance on this thing. The remote in my hand is my…wand (?) I make photo magic. :)
I'm not exactly sure why I save my extensive editing for the days when I have the most stuff to get done…
54/365 on Flickr.
Via Flickr:
The sunshine lifted my spirits today. I discovered a new part of the lake today. Less people and more peace!
This week has been nonstop responsibility. Today I actually got to do what I wanted. Time to run, time to cook, time to shoot. Clean car, clean sheets, clean room. Ahhh. :)
Plus I ordered some new camera accessories that I've been needing. Back up battery (Hallelujah), a new memory card, tripod case and a lens cap keeper….I always lose that darn cap.
51/365 on Flickr.
Via Flickr:
This is my tea light owl I use to relax.
AKA I have midterms tomorrow and am planning on an all-nighter…
My precious on Flickr.
Via Flickr:
Mia wanted to say hi too.
50/365 on Flickr.
Via Flickr:
When it rains, it pours.
Ever feel like you're on the outside looking in at yourself?
49/365 on Flickr.
Via Flickr:
"They who dream by day are cognizant of many things which escape those who dream only by night. In their grey visions they obtain glimpses of eternity."
Edgar Allan Poe
48/365 on Flickr.
Via Flickr:
Finally a day off for some relaxation! I needed it.
The view from Mt. Soleded in La Jolla is unbelievable. Make sure to take in as much as you can before you go numb.
47/365 on Flickr.
Via Flickr:
Am I doing it right?
Feeling bass ackwards this week.
42/365 on Flickr.
Via Flickr:
Feeling restless.
In the light of the sun, is there anyone? Oh it has begun
Oh dear you look so lost,
eyes are red and tears are shed,
This world you must've crossed… she said
You don't know me, you don't even care
She said
You don't know me, and you don't wear my chains… oh yeah,
She said I think I'll go to Boston…
I think I'll start a new life,
I think I'll start it over, where no one knows my name,
I'll get out of California, I'm tired of the weather,
I think I'll get a lover and fly him out to Spain…
Oh yeah and I think I'll go to Boston,
I think that I'm just tired
I think I need a new town, to leave this all behind…
I think I need a sunrise, I'm tired of the sunset,
I hear it's nice in the Summer, some snow would be nice… oh yeah.
Boston- Augustana
41/365 on Flickr.
Via Flickr:
Didn't get a chance to upload this the other day. Forgot what it's like downtown on a Saturday night.
We touched the walls of the city streets and
Dead ends plain, sadly showed us our ways
Of never asking why
Cast down it was heaven sent and
To the church, no intent to repent on my knees
Just to cry
Until you travel to that place you can't come back
Where the last pain is gone and all that's left is black
Black- Danger Mouse & Norah Jones
38/365 on Flickr.
Via Flickr:
Excuse me, you're going to have to speak up. It must be the reception in here.
All of this pressure I'm under is making me a little crazy.
36/365 on Flickr.
Via Flickr:
Hopped up on caffeine all day. I felt kind of invincible.
Departing from my usual nature scenes for something more urban….Four minutes into shooting my battery dies. With twenty minutes of light left, I raced home, charged for five and went back. Only took ten minutes to shoot. :)
35/365 on Flickr.
Via Flickr:
So right before I shot this I noticed my Diana was missing out of my camera bag. I felt a little bubble of anxiety well up inside me since it was a gift from my mom.
I went back and combed the location where I shot yesterday with no success. Just as I was about to give up, I looked up and it was right in front of my face sitting on a fence post. The same thing happened with my sunglasses awhile back…this field plays mind games.
34/365 on Flickr.
Via Flickr:
Shot portraits for my friend Andria today. We were only shooting for about 20 minutes before the light was gone. I'm impressed with how I did under the time crunch. The fact that she is a beautiful subject helped too. :)
I couldn't decided which one I liked best so I'm breaking my own rule and uploading more than one.


text:
Guam - The White Lady Bridge is known throughout Guam for many reasons and a few weekends ago, close to 50 volunteers took time out to help spruce up an area that has since become heavily polluted.
In the early hours of the morning, residents of Maina, UOG students, business sponsors and some public leaders joined forces to clear out bamboo debris and litter at the Maina bridge that have since caused blockage of the natural flow of the Fonte River.
Maina resident Senator Sam Mabini led the cleanup, and said, "We felt, and I felt that we needed to take a step to work together to address something that is happening in our village."
According to Mabini, it surprised her as to what was collected including tires, car parts, blankets, pest-control containers, baby car seats and bagged animal carcasses. "It's very iconic," she continued, "and I felt that this is something that we as a village needed to put together, a task force, and a group to tackle it 013455 and I know our government is short on fund, so why can't we do it."
The group was able to load two dump trucks filled with bamboo debris and a truck load of trash. She adds through the cleanup, the department of agriculture noted that its current condition posed hazardous impacts to the flow of the river possibly damaging the asphalt surface of the road along with preventing fish and shrimp from making its way up the river.
"So the next step is to get a heavy excavator to help pull out all the bamboo so that the river will be clean, and then to create a bridge watch program to keep an eye on the bridge, let people know that this is something we value, we treasure, it's iconic, it's the white lady bridge and I think every local kid or person knows that's its something that we'd like to visit and if you haven't visited, it's a very, very beautiful area," she said.
All content © Copyright 2000-2009, WorldNow and KUAM. All Rights Reserved.
For more information on this site, please read our Privacy Policy and Terms of Service.


text:
Ask Search Post
Female Kittens for Sale in 85379(1 - 15 of 15)
Vecnivx Male and Female Sphynx kittenSphynx · Mesa, AZPotty trained, they'll come along with toys and all health documents, they're both male and female, text me at (636) 525-1581Jerry S. · 1 hour ago
$300 Beautiful Lovely Bengal Kittens For SaleBengal · Phoenix, AZ… ,for more information and picture text now at ....(903) 488-7306...(903) 488-7306...(903) 488-73...Vernard G. · 6 days ago
$300 Beautiful Lovely Bengal Kittens For SaleBengal · Phoenix, AZ… ,for more information and picture text now at ....(903) 488-7306...(903) 488-7306...(903) 488-73...Vernard G. · 6 days ago
$600 . . .Vet Checked Sphynx Kittens For Good HomeSphynx · Tempe, AZ. . . Raised in a lovely home. Friendly with children. Text us only on (503) 854-6197. Male and female available. Cute , adorable and rea...Carly F. · 1 week ago
$600 Himalayan Kittens For SaleHimalayan · Phoenix, AZWe have a super sweet himalayan seal point male. He is 10 weeks old and has had his first shots and vet check up. All of our kittens are...Angel T. · 2 weeks ago
$600 Lji Caracal kittensPeoria, AZ… Contact us by text only (435) 994-8699Paul S. · 2 weeks ago
sltekdy Male and Female Sphynx kittensSphynx · Glendale, AZ… ,please text me only with your email address at (970-235-0328) for more info and pics,Farida F. · 2 weeks ago
$340 Amazing male and Female Bengal KittensBengal · Mesa, AZAmazing Bengal Kittens for a nice home. They are 12 weeks old and are ready for their new homes now. 1 male and 1 female,feel free to con...Ella C. · 3 weeks ago
$340 Comely Phoenix Bengal KittensBengal · Phoenix, AZOur Bengal Kittens are currently available now for new home. Male and female, short compact bodies, attractive coats, great personalities...Emille K. · 3 weeks ago
$800 CFA Himalayan Kittens For SaleHimalayan · Phoenix, AZI have three himalayans baby kittens for sale two males, a seal lynx point and a tea cup chocolate lynx point and a female teacup chocola...Katelyn T. · 3 weeks ago
$800 CFA Himalayan Christmas Kittens Taking Deposits NowHimalayan · Phoenix, AZWe are now breeding for our Christmas Kittens and taking deposits. Every year our Christmas kittens go super fast most sold before they a...Angelique W. · 3 weeks ago
$850 Ragdoll kittensRagdoll · Phoenix, AZGentle, playful Ragdoll kittens.camelot haven · 4 weeks ago
$550 Alluring Male and Female F4 savannah kittens for salePhoenix, AZ… , vet checked, and family rose. Only text me on (206) 397-8335for more infoSylvie L. · 3 weeks ago
ALL KIT KAT RESCUE FULL GROWN CATS & KITTENS HAVE AN ADOPTION DISCOUNT: CATS ARE NOW $60.00, AND KITTENS ARE $75.00 THEY NEED A HOME!!!!!...Baby ·2 weeks ago on Petfinder.comTools
- XTools
- Adopt Baby a Domestic ...
- Respond
- Stop Fraud
- Report
- Learn More
Adopt Baby Boo a Domestic Short Hair-blackGilbert, AZBaby Boo and Ember are litter mates. We found them with Mama Kitty, when they were still tiny and nursing. Baby Boo would prefer a home t...Baby Boo ·Over 4 weeks ago on Petfinder.comTools
- XTools
- Adopt Baby Boo a Domes...
- Respond
- Stop Fraud
- Report
- Learn More
- 1 …of 1 page
Listings on Oodle Marketplace Ann Arbor Cats | Boston Cats | Charleston Cats | Charlotte Cats | Chicago Cats | Cleveland Cats | Knoxville Cats | Lancaster Cats | Louisville Cats | Miami Cats | Nashville Cats | Newark Cats | Pittsburgh Cats | Portland Cats | Springfield Cats. Find used cars, used motorcycles, used RVs, used boats, apartments for rent, homes for sale, job listings, and local businesses on Oodle Marketplace.
Safety Tips
Safety Tips
- Meet the seller and pet in person
- Don't wire money or take advance payments.
- Only pay for shipping if you know the seller.
To learn more, visit the Safety Center. Report suspicious listings by clicking on .


text:
SHEBOYGAN, WI (WHBL) - A Sheboygan man described as a graffiti artist will spend 45 days in jail for numerous graffiti incidents in the area. Judge James Bolgert recently sentenced 22 year old Lukas Bagemehl for two counts of graffiti.
The criminal complaint said Bagemehl was responsible for graffiti painted in a home on Broadway Avenue, and possibly other incidents on public and private property dating back to 2007 causing over $40,000 in damage.
As part of his sentence, Bagemehl will start serving his jail time February 13 and also pay five thousand dollars in restitution.


text:
Otonomy Offers Answers To Ground Security
As more and more business and private jets travel farther abroad, often to airports where ground security is minimal at best and nonexistent at worst, Otonomy Aviation has a growing line of solutions.
The company, based in Bourdeaux, France, recently launched Parabellum, a wireless security system for parked aircraft. The system integrates a new range of 1080i high-definition digital cameras (CamHD) and provides a security perimeter around the aircraft into which any intrusion or impact will trigger an alarm.
A dedicated camera records video of the area and allows the operator to view the footage from any remote computer, a smartphone through the GSM/3G network, or via an optional satellite connection.
According to Otonomy, Parabellum has a battery life of more than 30 days and the video event storage has a 300-hour capacity. The stand-alone Parabellum box weighs slightly more than 11 pounds.
The CamHD 1080i high definition cameras were introduced earlier this year at Ebace. CamHD provides up to eight HD-SDI 1080 NTSC and Ethernet H264 signals to any in-flight cabin entertainment system or cockpit display. At the same time, video can be pushed to a Wi-Fi-connected electronic tablet, such as the iPad, thanks to a dedicated wireless link.
Powered directly by the aircraft's 28-volt DC power source and connected to the in-flight entertainment system, each camera can be used as a stand-alone unit as a means of simplifying installation and reducing embedded weight.
Please Register
In order to leave comments you will now need to be a registered user. This change in policy is to protect our site from an increased number of spam comments. Additionally, in the near future you will be able to better manage your AIN subscriptions via this registration system. If you already have an account, click here to log in. Otherwise, click here to register.


text:
Posts Tagged 'mice'
Lenovo N3903A Wireless Optical Mouse – $15 After Coupon
Lenovo has a super discount on this Lenovo N3903A Wireless Optical Mouse which is now only $29.99 - $15 Coupon (USPC11MY16666) + Free Shipping = $14.99! A good mouse is very important for computing tasks and activities and for ...
Adorama Deals
Logitech M305 (910-001895) Wireless Mouse (Silver) – $18 Shipped
Amazon has a rebate deal going for this Logitech M305 (910-001895) Wireless Mouse (Silver) which brings the price down to $19.99 - $8 Mail-in-Rebate + $5.58 Shipping = $17.57! Here's a discount on the whole line of Logitech Fan...
Microsoft SideWinder X8 Wireless Gaming Mouse – $40 With Free 2-Day Shipping
Newegg has a sweet deal going for this Microsoft SideWinder X8 Wireless Gaming Mouse for only $79.99 - $40 Instant Savings + Free 2-Day Shipping = $39.99! Take your PC gaming experience further than you thought possible with th...
Lenovo 57Y6596 Wireless Optical Mouse – $14 After Coupon
Lenovo is having a super sale on this Lenovo 57Y6596 Wireless Optical Mouse priced down to only $39.99 - $25.99 Coupon (USPC11A36596) + Free Shipping = $14! If you're looking for a super cheap mouse that will cut the cord for g...
Lenovo N3903A Wireless Optical Mouse – $14 + Free Ship
Lenovo has a large discount on this Lenovo N3903A Wireless Optical Mouse! Free yourself from the tangle of wires with this Lenovo Recommended Wireless mouse at a super low price! The Lenovo N3903A mouse features a compact and w...
Amazon Deals
Microsoft RVF-00001 Arc Touch Mouse – $46 Shipped
Amazon is offering this Microsoft RVF-00001 Arc Touch Mouse for just $69.96 - $24.13 Savings + Free Shipping = $45.82! This mouse features a very new and innovative design. It maximizes portability with the ability to flatten d...
Microsoft Developing Magic Mouse Competitor
Released last year, Apple's Magic Mouse has its fair share of both fans and detractors. I'm in the former category, enjoying the multitouch capabilities the mouse brings. Microsoft apparently likes it too, since they're rumored...
Amazon Deals
iHome Laser Notebook Mouse (Black) – $12 + $0 S&H
Buy.com via Amazon has the iHome Laser Notebook Mouse (Black) for a low $11.99 with free shipping, a savings of $18. This mouse works on most surfaces, and includes retractable cable.
The Simpson's Keyboards And Mice Not Duff Proof
The awesome looking new Simpson's keyboards and mice from Keyscaper will sure make killer gifts for any fan of the long running cartoon. The keyboards are wired and the mice are wireless and they really shine with all the clas...
Road Mice: Computer Mice Shaped Like Your Favorite Car
The word 'Obsession' doesn't even begin to describe the passion some folks have for automobiles. There's no sense in hiding your enthusiasm, at least that's what Road Mice thinks. Currently the company offers a line of wirele...


text:
On What Date Will The 2014 2015 Nfl Football Season Start
Some related article with keywords "On What Date Will The 2014 2015 Nfl Football Season Start" founded at Tuesday, September 30, 2014 in HugeSource.com
How to Start a Healthy Lifestyle With These Simple and Easy TipsDo you ever wonder how to start a healthy lifestyle? Well some says that starting a healthy lifestyle is so hard and difficult. Healthy life is everyone's dream but sometimes we find it difficult to get started. Well for that from now on, let us learn to start living healthy body begins with each of us. By changing our lifestyle, [...]
Samsung Top TV Products in 2014Located in the Samsung SEA Forum 2014, a list of the new TV is shown off by Samsung that will be marketed in the year of 2014. In the previous SEA, the features are the Smart Interaction and these days Samsung will highlight the Ultra HD TV for the list of the new TV. From a lot of new TV types, there are some new products that become [...]
Sneaking Healthy Habits Like Not Really TryingBelieve it or not there are many activities we can sneak into our daily routine to create a general healthy life. Playing frisbee with your dog, play football with your brother, turning the jump-rope for the neighbor's kid and going to the gym can be considered as working out. You can always think good nutrition as drinking [...]
Several Important Steps to a Healthy Lifestyle that You Can FollowYou can follow these important steps to a healthy lifestyle that will make your live even better in the future. Well to start a healthy lifestyle is not easy. Although health care in the list of resolutions, but it takes the process to make it happen.A healthy lifestyle requires some early steps. To be sure, we have to leave some bad [...]
Olympus Stylus SH-1 Highlights the Image Stabilization of 5-AxisCenter Valley – Olympus has just announced the new premium pocket camera that is named the Olympus Stylus SH-1. This pocket camera comes out with the strong Olympus PEN. Not only from the design similar but also the features that it has looks similar. As the people have already noticed, the feature of the Image Stabilization is a [...]
7 Ways to Relieve PainThe pain in the body is usually associated with arthritis and other chronic disease conditions. The various causes and treatment also vary. below are several ways that are proven to relieve pain but certain types of pain may not match all the methods mentioned below. such as arthritis pain because it is more advisable to rest and [...]
Blueberries Health Benefits when Eaten RegularyEveryone knows blueberries are delicious, but do you know Blueberries health benefits are great when eaten regulary? Actually, blueberries happen to be touted since the cure for any host of serious medical problems including urinary infections, diabetes, heart problems to Alzheimer's and cancer. First let's take a look at [...]
The Use of Canon iMage Gateway in Canon PowerShot S200The official distributor Canon in Indonesia named PT Datascrip is issued will launch 6 new cameras that have been shown off in CES 2014 and also CP+ 2014. These six new products consist of the Canon PowerShot S200, SX600, SX700HS, ISUX 145, 155, 265 HS. For your information, Canon PowerShot S200 is a pocket camera that will offer the [...]
The Professional Video 4K Camera in Modular Concept: Blackmagic URSALas Vegas – In the event of the NAB 2014 that took part in Las Vegas, the Blackmagic Design officially introduced the innovative professional class of the video camera that is named Blackmagic URSA. The investment for a single professional video camera is indeed uneasy. That is why the Blackmagic presences the URSA in the concept [...]
Tips to Improve Brain MemoryActually, our brain will never lose its ability to memorize things. But, one thing you should know is that the performance of the brain to remember everything is affected by the nutrient needs in your body and of course your lifestyle. Even you are not a senile, but once you forget about something, especially when it is important, surely [...]
WalterFootball com 2014 NFL Offseason Team Needs 2014 NFL Offseason Notes Instead of having separate pages for offseason needs and season previews I ve decided to compile everything onto one page creating some
NFL com Official Site of the National Football League Official site of the National Football League featuring latest headlines rankings and game analysis
NFL News Videos Scores Teams Standings Stats FOX Find live NFL scores pro football player amp team news NFL videos rumors stats standings team schedules amp fantasy football games at FOX Sports on MSN
2015 NFL Draft CBSSports com NFLDraftScout com CBSSports com provides full coverage of the 2014 NFL draft including expert mock drafts prospect rankings player profiles and a live draft tracker
2014 2015 Regular Season Schedule Results Washington Official season schedule from the National Hockey League
NFL Scores and Schedules 2014 Regular Season National Check out the 2014 Regular Season scores and schedules for NFL pro football
NFL 2014 Hall of Fame Week Schedule NFL com 2014 NFL Enterprises LLC NFL and the NFL shield design are registered trademarks of the National Football League The team names logos and uniform designs are
2014 NFL season Wikipedia the free encyclopedia The 2014 NFL season the 95th season in the history of the National Football League NFL is tentatively set to begin Thursday September 4 2014 with the annual
NFL Football Injuries CBSSports com Jacksonville Jaguars Date Pos Player Injury NFL Status Fantasy News 06 17 14 WR Cecil Shorts Calf QUESTIONABLE Questionable for start of training camp
2014 NFL Pro Day Results WalterFootball com Click here for the 2014 Pro Day schedule 2014 NFL Pro Day Results will be posted here as they come in Follow me walterfootball for updates
Report NFL weighing conducting the draft a week or two 115 Responses to Report NFL weighing conducting the draft a week or two later in 2015
San Diego Chargers 2014 Schedule Chargers com The official site of the 2013 San Diego Chargers NFL Schedule Weekly view of the schedule including links to tickets broadcast channels and printable views
NSAwins com 2014 NFL and College Football Picks Expert 2014 College Football Picks and NFL Predictions from NSAwins com including Free NFL Picks and Expert College Football Predictions from Nation s Top Handicappers
Relive Day 3 of the 2014 NFL draft Q World Cup Q USA TODAY Sports tracked every pick and provided analysis from Day 3 of the NFL draft Fourth round 1 101 Philadelphia Eagles Jaylen Watkins DB Florida
Jayski 039 s NASCAR Silly Season Site NASCAR Sprint Cup Jayski s NASCAR Sprint Cup Silly Season Site at ESPN com Up to Date NASCAR news Rumors Drivers Sponsors and paint schemes
Variety Entertainment news film reviews awards film festivals box office entertainment industry conferences
2014 NFL Draft Wikipedia the free encyclopedia The 2014 NFL Draft was the 79th annual meeting of National Football League NFL franchises to select newly eligible football players The draft officially the
first day of seasons 2014 fall equinox winter solstice By crezeeman Why would the seasons start at the middle Isn t solstice the MIDDLE of summer and winter I certainly would never think of December as being mostly an
A History of the NFL in 95 Objects The Day Football Died Editor s note This is the fourth in The MMQB s 10 part series NFL 95 A History of Pro Football in 95 Objects commemorating the 95th season of the NFL in 2014
2014 NFL Draft Grades Full Day 3 Report Card Bleacher 2014 NFL Draft Grades Full Day 3 Report Card By Michael Schottey NFL National Lead Writer May 10 2014
Variety Entertainment news film reviews awards film festivals box office entertainment industry conferences
first day of seasons 2014 fall equinox winter solstice By crezeeman Why would the seasons start at the middle Isn t solstice the MIDDLE of summer and winter I certainly would never think of December as being mostly anwhen does power season 2 start rekod pbs bahasa arab soalan ramalan sejarah spm 2014 contoh rpp ipa kelas 8 kurikulum 2013 how much is an ounce of silver worth 2014 edgar cayce predictions 2014 filing of application form for licensure examination for teachers 2015 2015 usssa softball national tournament dates october 6 2014 philippines


text:
Read about first-hand accounts from MSF aid workers and patients.
Filter by vocabulary: issues (multisite):
- Sexual Violence (5) Apply Sexual Violence filter
- SOCIAL CRISIS (5) Apply SOCIAL CRISIS filter
- Violence (5) Apply Violence filter
- HEALTH (1) Apply HEALTH filter
- Medical Action (1) Apply Medical Action filter
- Mental Health (1) Apply Mental Health filter
- Mental Healthcare (1) Apply Mental Healthcare filter
- MSF ACTION (1) Apply MSF ACTION filter
The Simelela center was set up to offer medical care, the collection of forensic evidence, counseling and follow-up care for victims of sexual violence in the rape-ravaged township of Khayelitsha. "We did a lot of work to raise awareness. We went door-to-door, held marches, and put on puppet shows for children at schools and crèches. We told them, 'Speak up and break the silence about rape'. Married women or girlfriends who had been imprisoned in their own bedrooms told us what happened to them."More >
Theresa Saday, 40, is confronting the problem of sexual violence in Liberia, where she works with MSF to counsel sexual violence victims and their parents. "We meet parents on a daily basis who are unhappy that their children, who have been raped or abused, will go to the police. These parents are anxious, they are afraid for their children's safety. So they turn to us with their concerns and for support."More >
Sandra was raped by thieves who came to steal her family's savings in Bunia, DRC. They beat her father, and threatened to burn down their home if she reported them. Sandra had camped in the church for two nights, alone with no water or food, hiding from her attackers while she waited for us. The villagers had asked if she needed anything. She had told them, "No. I just want to be alone." We treated her, diminishing her risk of catching HIV.More >
Esther, 17, was raped at 8 o'clock in the morning at a public bus stop in Guatemala City. Two months later she is struggling to find a way back to normalcy. "The first night was very difficult. I had dreams about what happened to me. I cried a lot. I couldn't sleep for a few nights. I was scared to have dreams about it, and it might come back. I see in my dreams the moment when he pushed me against the wall and lifted my skirt. . . I had the image of his face in my mind. I will never forget that. He was fat, dark with long hair, with a moustache."More >
An MSF patient from Quibdo, Colombia, was 13 when she was raped by her neighbor two years ago. The difficult consequences have had a major impact on her life. "The man lived next to us. We all shared a bathroom. I was home alone, and it was morning before I had to leave for school. I was washing and he saw me and came into the house. My little sister had damaged our TV plug so he told me to come in and watch his TV. So I came in with a chair, and as I was sitting down he came close to me, grabbed my arms and tried to make me sit on the bed."More >


text:
Starting at
Up to
BRZ Limited shown
2014 Impreza 2.0i Sport Limited shown
WRX Premium shown
Introducing the all-new
2015 Subaru Legacy
Legacy 3.6R Limited shown
Forester 2.5i Touring shown
Introducing the
2014 XV Crosstrek Hybrid
XV Crosstrek 2.0i Limited shown
Introducing the all-new
2015 Subaru Outback
Outback 2.5i Premium shown
Tribeca 3.6R Limited shown
Fully checked, factory-covered and ready for more adventures.
Compare Subaru models and other car manufacturers.
See what your local Subaru dealer has available today.
Estimate your monthly cost based on finance rate and trade-in.
See all the national deals for every Subaru model.
Get the most precise number on the Subaru you want.
Find information on financing or leasing your new Subaru.
See all the things that make Subaru vehicles so loved.
Explore the versatility to make every day an adventure.
Learn what goes into every Subaru to protect you.
See why an owner's love for Subaru lasts forever.
See what we're doing to be a leader in green initiatives.
Search for things to do near you, with the help of Subaru.
Learn more about the Subaru partners and charities.
When Sidney Harman joined forces with Bernard Kardon in 1953, he had one driving principle – everyone deserves great sound. From humble beginnings to becoming a central brand in a global audio powerhouse, the secret to the success enjoyed by Harman Kardon®1 has always been to listen to consumers rather than engineers. The result is beautiful sound that's affordable and easy to use.
Click to learn about the Harman Kardon heritage.
Audio Innovations as Art
From the first stereo receiver, to the first stereo cassette recording deck with Dolby® B noise reduction, to the first CD audio recorder with 4x dub speed, Harman Kardon has a rich heritage of innovation. Throughout the years, the company has earned dozens of international awards for both audio excellence and outstanding design. In fact, Harman Kardon SoundSticks® are featured in the design collection of New York's Museum of Modern Art.
Today, Harman Kardon audio components for home theaters and premium in-car entertainment systems continue to follow Sidney Harman's vision.
Subaru and Harman Kardon
Subaru first turned to Harman Kardon for brand-name audio systems in the 2009 Legacy and Outback, then the 2010 Tribeca, 2014 Forester, and 2015 WRX and WRX STI. Whether listening to radio, CD, or an iPod®, each system is designed to deliver beautiful sound, mile after mile.
Behind the Premium Sound
What makes these audio systems "premium"? Stated simply: advanced speakers, powerful amplifiers with digital signal processing (DSP), and intensive engineering effort.
Advanced Speaker Designs
For example, the front-mounted midtweeters in the 2014 Forester use metal matrix diaphragms (MMD) and neodymium magnets. MMD speaker material is a layered composite of thin ceramic on a lightweight metal base. It is very strong and specifically designed to issue bright, clear high notes as well as bold, natural low notes with greater accuracy.
Neodymium is a rare earth element that makes a more compact and powerful magnet than traditional iron-based materials. These lightweight yet powerful magnets ensure superior dynamic sound performance.
Powerful Amplifiers and DSP
In the 2015 Legacy and Outback, an eight-channel, 576-watt equivalent2 amplifier divides the audio signal into eight channels, delivering specific digital output to each of the specialized Harman Kardon speakers. Proprietary DSP converts analog signals, such as radio broadcasts, into digital, and continuously examines more than 100 specific parameters to issue rich, powerful, and fully nuanced audio to the listener.
Fine Tuning
All of this is just the foundation for a superior audio system. HARMAN International and vehicle engineers from Subaru collaborate on audio system design, speaker placement, and, most critically, the final tuning of the system for the unique acoustic characteristics of each Subaru model. Only after hundreds of engineering hours is a Harman Kardon audio system deemed ready for the public.
© Subaru of America, Inc. Use of this site signifies your acceptance of the
Terms &
* Manufacturer's suggested retail price does not include destination and delivery
charges, tax, title and registration fees. Destination and delivery includes handling
and inland freight fees and may vary in some states. Prices, specifications, options,
features and models subject to change without notice.
** EPA-estimated fuel economy. Actual mileage may vary.
Subaru has the utmost respect for the environment and is a proud partner of Leave
No Trace. Care was taken not to harm the environment when taking this photo.
iPod® and iPad® are registered trademarks of Apple
Inc.; Brembo® is a registered trademark of Freni Brembo S.p.A.; Alcantara
® is a registered trademark of Alcantara S.p.A and Alcantara®
is produced by Toray Group.; TORSEN® is a registered trademark of
JTEKT Corporation.; BBS® is a registered trademark of BBS Kraftfahrzeugtechnik
AG.; SiriusXM™ Satellite Radio is a trademark of Sirius XM Radio
Inc.; Bluetooth® is a registered trademark of Bluetooth®
SIG, Inc.; HomeLink® is a registered trademark of Prince Corporation,
a wholly owned subsidiary of Johnson Controls.; Aha™ and harman/kardon®
are a registered trademarks of Harman International Industries, Inc.; Android™
is a trademark of Google Inc.
Subaru of America, Inc. reserves the right to make changes at any time without notice
or obligation to the information contained on this Internet site, prices, incentive
programs, specifications, equipment, colors, materials, product illustrations and
to change or discontinue models. All prices are based upon Manufacturer's Suggested
Retail Prices (""MSRP"") in U.S. dollars (unless otherwise indicated) and exclude
taxes, title fees, licensing, options and destination charges unless specifically
included. Dealers are independent businesses and are free to set their own retail
prices. All information contained at this Internet site is intended for the USA
market only.


text:
Cole Slaw
More From Oxmoor House
- 8 cups shredded cabbage
- 1/2 cup vinegar
- 1/4 cup plus 2 tablespoons sugar
- 2 tablespoons chopped onion
- 1 teaspoon salt
- 2/3 cup vegetable oil
- Paprika
- Chopped fresh parsley
- Combine first 6 ingredients; toss lightly to coat cabbage. Cover and refrigerate overnight. Garnish with paprika and parsley.
My Notes
Only you will be able to view, print, and edit this note.Add Note
Cole Slaw Recipe at a Glance
- COURSE: Salads
- CONVENIENCE: Entertaining, Kid-Friendly, Make-Ahead, No-Cook, Portable/Picnic, Family
- CUISINE: British/Irish
- MAIN INGREDIENT: Vegetables
- DIETARY CONSIDERATION: Meatless
- OCCASION: St. Patrick's Day
- PUBLICATION: Oxmoor House
More Recipes Like This
Cabbage and Apple SlawReal Simple
Asian Chicken SlawCooking Light
Beer-Battered Razor ClamsSunset
Find out what we've got cooking...
Get our Free Weekly Specials Newsletter filled with our favorite recipes, seasonal menus, and special features.
We Respect Your Privacy. Privacy Policy


text:
Askew v. DC Medical, LLC et al - Document 13
Court Description:
OPINION AND ORDER that Plaintiff's Emergency Motion to Remand 6 is DENIED. IT IS FURTHER ORDERED that Defendants' Motion to Stay Proceedings Pending Transfer to MDL No. 2197 5 is GRANTED IN PART and DENIED IN PART. It is DENIED to the extent it requests this Court not to consider Plaintiff's Motion to Remand prior to the MDL Transfer. It is GRANTED in that this Court stays future proceedings of this case in this Court pending transfer to MDL No. 2197. Signed by Judge William S. Duffey, Jr on 5/12/2011. (tcc)
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION NICOLE ASKEW, Plaintiff, v. 1:11-cv-1245-WSD DC MEDICAL, LLC, DEPUY ORTHOPAEDICS, INC., and DEPUY, INC., Defendants. OPINION AND ORDER This matter is before the Court on Defendants DePuy Orthopaedics, Inc., DePuy, Inc., and DC Medical, LLC's (collectively, "Defendants") Motion to Stay Proceedings Pending Transfer to MDL No. 2197 [5] and Plaintiff Nicole Askew's ("Plaintiff") Emergency Motion to Remand [6].1 I. BACKGROUND This is a products liability action arising from a DePuy ASR Hip Implant Device ("ASR device") implanted into Plaintiff on September 9, 2009. (Compl. ¶ 60). On March 15, 2011, Plaintiff filed her Complaint against Defendants in the 1 Plaintiff also moved for an emergency hearing and expedited ruling [8] on her Motion to Remand. The Court granted the request for expedited briefing but, as the briefing is sufficient to reach a decision on the Motion to Remand, the Court denies the request for a hearing. State Court of DeKalb County, Georgia. Plaintiff asserts claims against DePuy Orthopaedics, Inc. and DePuy, Inc. (collectively, "DePuy"), the designers and manufacturers of the ASR device, for strict products liability, negligence, negligent misrepresentation, fraud and suppression, and civil conspiracy. (Compl. ¶¶ 67-93, 116-132). Plaintiff asserts claims against DC Medical, LLC ("DC Medical"), the sole distributor of the ASR device in Georgia, for negligence, breach of warranty, negligent misrepresentation, fraud and suppression, and civil conspiracy. (Id. ¶¶ 94-132). Plaintiff alleges that, "at least as of the implantation of the ASR Hip Implant Device into her left hip on September 9, 2009, DC Medical, and its employees and agents, knew of the dangers imposed by the devices, failed to warn Ms. Askew of those dangers, and instead stood idly by while a dangerous and defective product was implanted into Ms. Askew." (Pl.'s Br. Supp. Mot. to Remand ("Remand Brief") at 7). On April 15, 2011, DePuy removed the action to this Court based on diversity of citizenship, arguing that Plaintiff fraudulently joined DC Medical, the only Georgia-resident defendant in this case, and thus that DC Medical's citizenship must be disregarded for jurisdictional purposes.2 Defendants submit 2 The citizenship of the parties is not in question. The parties agree that Plaintiff is a resident of Georgia, that the DePuy defendants are both non-resident corporations, and that DC Medical is a resident of Georgia. DePuy also alleges, 2 the Declaration of Dennis Castenfelt (Notice of Removal Ex. C ("Castenfelt Decl.")), the principal and sole member of DC Medical, to show that DC Medical did not know of any alleged defect in the ASR device before it was distributed for use in Plaintiff's surgery, to support that DC Medical was not involved in the design, manufacture, testing, or regulatory approval of the ASR device, and to show that DC Medical was not involved in the promotional, marketing, description, or application materials for the ASR device. On April 19, 2011, DePuy moved to stay the action pending transfer to the In re DePuy Orthopaedics, Inc. ASR Hip Implant Products Multi-District Litigation (the "MDL"), now pending in the United States District Court for the Northern District of Ohio, MDL Docket No. 1:10-md-2197. On April 25, 2011, the case was conditionally transferred to the MDL. (Defs.' Resp. Mot. to Remand ("Remand Response") Ex. 2 (Conditional Transfer Order)). Plaintiff has filed her opposition to transfer. Until the opposition is decided, this Court continues to have jurisdiction over the litigation, including to consider any pending motions filed in this case, including Plaintiff's Motion to Remand. and Plaintiff does not dispute, that the amount in controversy in this action exceeds $75,000, exclusive of interests and costs. 28 U.S.C. § 1332(a). 3 On April 26, 2011, Plaintiff filed her emergency motion to remand, arguing that the joinder of DC Medical as a defendant was proper and that the Court lacks subject matter jurisdiction over the litigation. Plaintiff asserts that Defendants knew of the dangers imposed by the devices (Remand Brief at 7), and later argues that DC Medical "was or should have been in possession of evidence demonstrating that the [ASR device] caused serious injuries and would fail," (id. at 16 (quoting Compl. ¶ 97)). Plaintiff also claims that DC Medical knew of the alleged defects because "[r]elated news articles in the mainstream media had reported that there were 'more than two years of reports that the [ASR device] was failing . . . .'" (Id. at 22-23). The news report does not state the source of its reporting of ASR device failures, whether information about them was available to the industry or the public, or that DC Medical or other distributors had access to it.3 (Remand Br. Ex. 1 (Barry Meier, With Warning, a Hip Device is Withdrawn, N.Y. Times, Mar. 10, 2010, at B1 (website version printed Mar. 7, 2011))). Plaintiff opposes Defendants' Motion to Stay and urges the Court to rule on her remand motion. 3 The comments in the article about reports of ASR device failures appear to be based on information provided by a doctor in Australia. The article notes that the ASR device is not often used in the United States. 4 II. DISCUSSION A. Motion to Stay Defendants move to stay this action pending transfer to the MDL on the grounds that a stay will advance the purposes of the MDL and will not prejudice Plaintiff. Plaintiff responds that because the motion to remand will have to be decided by this Court, or the MDL transferee court, judicial economy weighs against granting a stay. The parties agree that it is within the Court's discretion whether a stay should be granted. It is axiomatic that "a court should inquire into whether it has subject matter jurisdiction at the earliest possible stage in the proceedings." Univ. of S. Ala. v. Am. Tobacco Co., 168 F.3d 405, 410 (11th Cir. 1999). "[N]o party has a right to remain in federal court when subject matter jurisdiction is plainly lacking and a defendant . . . is thus not prejudiced in any meaningful sense by an early rather than late remand to state court." Betts v. Eli Lilly & Co., 435 F. Supp. 2d 1180, 1184 (S.D. Ala. 2006). The principal issue here is whether there is federal subject matter jurisdiction over this action. Whether diversity jurisdiction exists depends on the interpretation of Georgia law, specifically whether Plaintiff has cognizable claims against DC Medical. Consideration of this issue by a court in Georgia is reasonable and the 5 Court concludes that judicial economy is not served by deferring this Georgia-law intensive jurisdictional issue to the MDL Court. The request for a stay is denied. B. Motion to Remand and Fraudulent Joinder Federal law authorizes the removal to federal court of "any civil action brought in a State court of which the district courts of the United States have original jurisdiction." 28 U.S.C. § 1441(a). The Court's original jurisdiction in this case is premised on diversity of citizenship pursuant to 28 U.S.C. § 1332(a), which authorizes federal jurisdiction over suits between citizens of different states where the amount in controversy exceeds $75,000. The "total" or "complete" diversity rule, however, limits the Court's diversity jurisdiction "to cases in which the citizenship of each plaintiff is diverse from the citizenship of each defendant." Caterpillar Inc. v. Lewis, 519 U.S. 61, 68 (1996). There is not complete diversity between the named parties in this case because, as the parties agree, the Plaintiff and Defendant DC Medical are both citizens of Georgia. Defendants argue, however, that Plaintiff fraudulently joined DC Medical to this lawsuit solely to defeat diversity jurisdiction, and that there is no possibility that Plaintiff can establish a state law cause of action against DC Medical. If DC Medical is not a proper party, Defendants argue, the Court may ignore DC Medical's citizenship for the purposes of diversity jurisdiction. The 6 parties do not dispute that Plaintiff and DePuy are completely diverse to each other, and they do not dispute that the suit satisfies the $75,000 amount-incontroversy requirement. The propriety of removal therefore depends solely on whether Plaintiff fraudulently joined DC Medical. 1. Legal Standard Governing Allegations of Fraudulent Joinder The law in our circuit regarding whether a party has been fraudulently joined is well-developed. When fraudulent joinder of a defendant is claimed, "the removing party has the burden of proving either: (1) there is no possibility the plaintiff can establish a cause of action against the resident defendant; or (2) the plaintiff has fraudulently pled jurisdictional facts to bring the resident defendant into state court." Crowe v. Coleman, 113 F.3d 1536, 1538 (11th Cir. 1997); see also Williams v. Best Buy Co., 269 F.3d 1316, 1319 (11th Cir. 2001). "If there is any possibility that the state law might impose liability on a resident defendant under the circumstances alleged in the Complaint, the federal court cannot find that joinder of the resident defendant was fraudulent, and remand is necessary." Florence v. Crescent Res., LLC, 484 F.3d 1293, 1299 (11th Cir. 2007). "To determine whether the case should be remanded [because diversity jurisdiction is not present], the district court must evaluate the factual allegations in the light most favorable to the plaintiff and must resolve any uncertainties about 7 state substantive law in favor of the plaintiff." Crowe, 113 F.3d at 1358. In doing so, a court may consider affidavits in deciding whether a plaintiff has stated an arguable claim. Legg v. Wyeth, 428 F.3d 1317, 1322 (11th Cir. 2005). "The determination whether a resident defendant has been fraudulently joined must be based upon the plaintiff's pleadings at the time of removal, supplemented by any affidavits and deposition transcripts submitted by the parties." Pacheco de Perez v. AT&T Co., 139 F.3d 1368, 1380 (11th Cir. 1998). While a court is required to resolve questions of fact in a plaintiff's favor, "the court need not accept all of the plaintiff's claims as true in the face of unanswered affidavits squarely contradicting the plaintiff's factual assertions." In re ConAgra Peanut Butter Prods. Liab. Litig., No. 1:07-cv-2096, MDL No. 1:07md-1845, 2008 WL 953023, at *2 (N.D. Ga. Apr. 8, 2008) (citing Legg, 428 F.3d at 1322-23). That is, a court "does not assume that the plaintiff could or would prove the necessary facts in the absence of any proof." Id. 2. Plaintiff's Negligence Claims against DC Medical Plaintiff alleges "that at least as of the implantation of the ASR Hip Implant Device into her left hip on September 9, 2009, DC Medical, and its employees and agents, knew of the dangers imposed by the devices, [and] failed to warn Ms. Askew of those dangers." (Remand Br. at 7). This failure, Plaintiff alleges, 8 "give[s] rise to independent causes of action against DC Medical, separate and apart from any causes of action against DePuy." (Id.). Plaintiff "focuses on her claims for negligence and negligent misrepresentation which make up the gravamen of her claims against DC Medical. (Id. at 13-14).4 Specifically, Plaintiff's claims center on the negligent failure to warn on the part of DC Medical. Id. at 16. She further refines these claims by stating that "DC Medical 'was or should have been in possession of evidence demonstrating that the DePuy ASR Hip Replacement Devices caused serious injuries and would fail.'" (Id. (quoting Compl. ¶ 97)). The question is whether Plaintiff alleges a cognizable claim for negligence and negligent misrepresentation based on DC Medical's failure to warn of a known danger in the ASR device. The law in Georgia regarding the duty of a distributor of a product manufactured by another to warn of product defects and dangers is wellestablished. A manufacturer, of course, has a significant obligation to warn of known dangers in a product and otherwise is liable for product defects even if 4 Plaintiff, in a footnote, states that in focusing on these two common law claims in her complaint she does not "mean[] to suggest that Plaintiff does not believe she has stated legitimate claims for the other claims pled, but there is no need to address those claims as claims for negligence and negligent misrepresentation have been clearly stated." (Id. at 14 n.5). Plaintiff has valid claims, if at all, against DC Medical based on negligence. Nonetheless, the Court later in this Order addresses Plaintiff's other claims against this distributor. 9 latent. See Chrysler Corp. v. Batten, 450 S.E.2d 208, 211 (Ga. Ct. App. 1994) ("duty to warn arises whenever the manufacturer knows or reasonably should know of the danger arising from the use of its product"); Ga. Code Ann. § 51-111(b) (manufacturers strictly liable for product defects). A distributor's liability for failure to warn is substantially more limited. "[A] distributor . . . [can] be held liable for negligent failure to warn only if, at the time of the sale, it had 'actual or constructive knowledge' that its product created a danger for the consumer." Bishop v. Farhat, 489 S.E.2d 323, 328 (Ga. Ct. App. 1997). A "seller [of a product] is required to give warning 'if he has knowledge, or by the application of reasonable, developed human skill and foresight should have knowledge' of the danger." Batten, 450 S.E.2d at 211 (quoting Restatement (Second) of Torts § 402A cmt. j (1965)); see also Bean v. Omark Indus., Inc., 237 S.E.2d 607, 610 (Ga. Ct. App. 1997) (seller of product who has actual or constructive knowledge of a danger has a duty to warn of the danger at the time of sale). a) Allegations in the Complaint against DC Medical Plaintiff claims that DC Medical knew or should have known—that is, had actual or constructive knowledge—of the "problems" with the DePuy product. (Pl.'s Reply Mot. to Remand ("Remand Reply") at 7). To support this claim 10 Plaintiff alleges the following in her Complaint and cites these allegations to support her argument that Plaintiff's claims are a viable: DC Medical was DePuy's exclusive distributor in Georgia and distributed the ASR Hip Plant Device at issue in this action that was delivered to the hospital by DC Medical for Plaintiff's operation. (Compl. ¶ 14-18). DC Medical "was or should have been in possession of evidence demonstrating that the DePuy ASR Hip Implant Devices caused serious injuries and would fail." (Compl. ¶ 97). Employees or agents of DC Medical including Scott Butts attended Plaintiff's surgery on September 9, 2009, and offered advice and assistance to Plaintiff's physician, Dr. Anderson, during the surgery. (Compl. ¶ 98). "Prior to, on, and after September 9, 2010, DC Medical's employees or agents were or should have been aware of the defective condition of the ASR Hip Implant Devices, the increased risk to patients, and/or the false representations regarding the performance and/or risks to patients." (Compl. ¶ 99). "Neither Mr. Kimberl, Mr. Butts, nor any other DC Medical employees or agents disclosed any of the above known problems, defects, and material facts to Plaintiff Nicole Askew or her physician, Dr. Anderson." (Compl. ¶ 99). (Remand Br. at 4-7; Remand Reply at 6). 11 In short, Plaintiff relies largely on general, conclusory allegations5 that DC Medical "was or should have been in possession of evidence demonstrating that the [ASR device] caused serious injuries" and that DC Medical's employees or agents "were or should have been aware of the defective condition of the [ASR device implanted in Plaintiff on September 9, 2009]." (Compl. ¶¶ 97, 99). Plaintiff does not allege what information there was available to DC Medical about alleged defects in, or problems with, the ASR device. b) Castenfelt Declaration Defendants submitted the Declaration of Dennis Castenfelt to support their argument that DC Medical did not know, or have notice, that the ASR device at issue in this case was defective or subject to failure. Castenfelt is the principal and sole member of DC Medical, a Georgia limited liability company that distributes devices for DePuy in Georgia. (Castenfelt Decl. ¶ 2). DC Medical contracts with other independent contractors through which DePuy's devices are distributed for 5 The Supreme Court has observed that "[a] claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Ashcroft v. Iqbal, 129 S. Ct. 1937, 1949 (2009) (citing Bell Atl. Corp. v. Twombly, 550 U.S. 544, 556 (2007)). Mere "labels and conclusions" are insufficient. Twombly, 550 U.S. at 555. Although the Court applies the standards governing allegations of fraudulent joinder to this case rather than the Twombly/Iqbal pleading standards, those cases usefully illustrate the inadequacy of Plaintiff's conclusory allegations to rebut uncontroverted affidavit testimony denying DC Medical's knowledge of the ASR Device's alleged defects. 12 patient implant. (Id. ¶ 4). Castenfelt also states that DC Medical always distributed DePuy's devices as packaged by DePuy and did not have an ownership interest in, or receive payment for, any devices purchased by a user from DePuy. (Id. Decl. ¶¶ 7-8). DC Medical, according to Castenfelt, did not design, manufacture, develop, or test the ASR device at issue in this case, and "[a]ll marketing and promotional materials" were provided to DC Medical by DePuy. (Id. Decl. ¶ 10-12). Castenfelt states that neither he personally nor DC Medical "had knowledge of any manufacturing, design, or other defect in the DePuy hip prosthesis allegedly used by Plaintiff's surgeon at any time material to Plaintiff's Complaint." (Id. ¶ 9). c) Analysis The Court considers the allegations of the Complaint, upon which Plaintiff relies for its claims against DC Medical, as well as the Castenfelt declaration, to evaluate, for the purpose of § 1441(a) removal premised upon diversity jurisdiction, whether a proper claim has been asserted against DC Medical in this action. See Legg v. Wyeth, 428 F.3d at 1322. In conducting its evaluation, the Court notes that it is obligated to "resolve all questions of fact . . . in favor of the plaintiff," Crowe, 113 F.3d at 1542, but "need not accept all of the plaintiff's claims as true in the face of unanswered affidavits squarely contradicting the 13 plaintiff's factual assertions." In re ConAgra, 2008 WL 953023, at *2. The Court also "does not assume that the plaintiff could or would prove the necessary facts in the absence of any proof." Id. (citing Legg, 428 F.3d at 1323). Castenfelt has testified unequivocally in his declaration that DC Medical did not have knowledge of any defect prior to distribution of the device at issue. In providing context for that statement, Castenfelt testified that DC Medical's distribution role is limited. DC Medical does not open the ASR device packaging, which DC Medical receives already labeled and sealed by DePuy, and DC Medical does not inspect or examine the implants contained within the DePuy packaging. (Castenfelt Decl. ¶ 7). DC Medical did not design, manufacture, develop, or test the ASR device, and DC Medical did not draft, compile or generate the packaging, labeling, or language used in the package inserts. (Id. ¶¶ 10-11). Castenfelt testified that "[n]either [he], personally, nor DC Medical had knowledge of any manufacturing, design, or other defect in the DePuy hip prosthesis allegedly used by Plaintiff's surgeon at any time material to Plaintiff's Complaint." (Id. ¶ 9). All marketing and promotional materials used by DC Medical were provided by DePuy. (Id. ¶ 12). Plaintiff seeks to discredit the declaration evidence by stating that DC Medical knew or should have known of the alleged defects based on its role as the 14 "exclusive authorized agent and/or representative for DePuy" and because DC Medical's agents or employees attended Plaintiff's surgery and offered advice and assistance to Plaintiff's physician. (Remand Br. at 16). These contentions do not in whole or in part answer the unequivocal declaration testimony offered by Castenfelt that DC Medical did not know of any defects in the ASR device on September 9, 2010. Plaintiff has not produced evidence that DC Medical had actual or constructive knowledge of alleged defects in the ASR device prior to its distribution for use in Plaintiff's surgery. While the burden on Defendants to show fraudulent joinder is a heavy one, Plaintiff must point to some evidence that supports her claim against DC Medical now that the allegations in their Complaint have been controverted by the Castenfelt Declaration. See In re ConAgra, 2008 WL 953023, at *2 (plaintiff's assertion in her motion to remand that the distributor "could have and in all likelihood did sell a product after it had actual knowledge that the product was tainted" was insufficient to provide evidence of actual knowledge); see also Legg, 428 F.3d at 1322 (holding that district court abused its discretion where it refused to consider defendants' affidavits, relied solely on the allegations in plaintiffs' complaint, and reasoned that the information in the affidavits contradicting plaintiffs' claims went to the merits of the case); Fowler v. 15 Wyeth, No. 3:04-cv-83, 2004 WL 3704897, at *4 (N.D. Fla. May 14, 2004) ("Once Wyeth presented the declarations to the Court, Plaintiffs could not continue to rely upon their unsupported allegations in the Complaint. Plaintiffs had to put forth specific evidence to refute the statements in the declarations."); Davis v. Wyeth, Inc., No. 4:03-cv-128, 2004 WL 3569806 (M.D. Ga. 2004) (where plaintiff fails to respond to affidavit testimony of distributors sales representatives that they had no personal knowledge that prescription drug was harmful or that manufacturer's marketing and promotional materials about the drug were not truthful or complete, no cause of action against distributors under Georgia law and their residence ignored in determining subject matter jurisdiction). At most, Plaintiff has suggested that DePuy, rather than DC Medical, may have had knowledge of an alleged defect prior to Plaintiff's September 9, 2009, surgery. Plaintiff, however, fails to present any evidence which logically or reasonably imputes DePuy's knowledge to DC Medical. "[A]lleging that a seller should have possessed actual knowledge is short of providing any evidence of actual knowledge." In re ConAgra, 2008 WL 953023, at *2 (in light of plaintiffs' failure to contradict defendants' affidavits, "[a]t best, the [p]laintiff offers speculation that [the seller] might have learned about the contaminated peanut butter from government investigations"). Because Plaintiff fails to dispute 16 Defendants' assertions in the Castenfelt Declaration with any evidence supporting their allegations that DC Medical had knowledge of a defect prior to distributing the ASR device implanted into Plaintiff, the Court concludes that Plaintiff has not stated against DC Medical a viable claim of negligence under Georgia law. See Hester v. Human, 211 Ga. App. 351, 353 (1993) (distributor who sold equipment in condition received and unaware of defects alleged, or that anyone injured in the manner plaintiff claimed, was not liable for negligence because was entitled to rely on manufacturer not putting defective product in market). 3. Plaintiff's Other Asserted Bases for DC Medical's Liability Plaintiff alleges further that, while her claims for negligence and negligent misrepresentation make up the gravamen of her claims, she has also stated valid causes of action under Georgia law for breach of warranty, fraud and suppression, and civil conspiracy. (Remand Br. at 13-14). Defendants assert that these claims fail. (Remand Resp. at 12-15). The Court agrees. Plaintiff's claim for breach of warranty does not allege a viable claim because DC Medical neither manufactured nor prescribed the ASR device, and thus privity does not exist between DC Medical and Plaintiff. See Presto v. Sandoz Pharm. Corp., 487 S.E.2d 70, 75 (Ga. Ct. App. 1997) (granting summary judgment on breach of warranty theory in favor of company that dispensed drug to 17 patient where company neither manufactured nor prescribed it, and thus parties were not in privity). Moreover, the uncontroverted evidence shows that DePuy sold the ASR device implanted into Plaintiff to the hospital, not that DC Medical sold the ASR device to Plaintiff. (Castenfelt Decl. ¶ 8). Plaintiff's claim for fraud and suppression must fail because, as already discussed, Plaintiff has not presented evidence to support her allegation that DC Medical had knowledge of a defect prior to distributing the ASR device implanted into Plaintiff. See McCrimmon v. Tandy Corp., 414 S.E.2d 15, 17 (Ga. Ct. App. 1991) (to assert a claim for fraud and suppression, plaintiff must produce evidence of a knowing misrepresentation). Finally, Plaintiff's claim for civil conspiracy must fail because her underlying tort claims fail. See Mustaqeem-Graydon v. SunTrust Bank, 573 S.E.2d 455 (Ga. Ct. App. 2002) (plaintiff precluded from maintaining action for civil conspiracy where underlying fraud claim is not cognizable). III. CONCLUSION For the foregoing reasons, the Court finds that Plaintiff has not alleged proper claims of liability against the non-diverse defendant DC Medical. Because proper claims thus have not been asserted against DC Medical, the Court concludes 18 that DC Medical's residence may be ignored and thus this Court has federal jurisdiction based on diversity of the parties' citizenship under 28 U.S.C. § 1332(a). Accordingly, IT IS HEREBY ORDERED that Plaintiff's Emergency Motion to Remand [6] is DENIED. IT IS FURTHER ORDERED that Defendants' Motion to Stay Proceedings Pending Transfer to MDL No. 2197 [5] is GRANTED IN PART and DENIED IN PART. It is DENIED to the extent it requests this Court not to consider Plaintiff's Motion to Remand prior to the MDL Transfer. It is GRANTED in that this Court stays future proceedings of this case in this Court pending transfer to MDL No. 2197. SO ORDERED this 12th day of May, 2011. _________________________________________ WILLIAM S. DUFFEY, JR. UNITED STATES DISTRICT JUDGE 19


text:
Mother Nature Is Playing Nice...For Now!
By Gil Simmons on November 21, 2012, 9:46am Last modified: November 22, 2012, 7:25am
Use your ← → (arrow) keys to browse more stories.
We really lucked out this year for quiet weather around our area! As a matter of fact, most of the country looks quiet. The weather trouble zone is in the Pacific Northwest where the wind is howling and valley rains are competing with heavy mountain snows.
I expect quiet weather locally through much of the forecast. There will be a strong cold front coming through our area Saturday. Windchill values will be in the 20s and 30s for the afternoon Saturday. With 850mb temperatures dropping to -9c, surface temperatures will be cold too!
The storm track next week continues to shift North of our area. This is a warmer solution. It looks like the low center will move from Texas to Toronto.
I hope you & your family have a wonderful Thanksgiving. See you Monday. Click my video for more weather scoop!
Use your ← → (arrow) keys to browse more stories.


text:
Pitch and Demo Meetups
It's all about the "pitch!" Practice that pitch for your great idea or demo your product before you meet investors or participate in the business plan competition. Meet other aspiring and committed entrepreneurs in the region. The Institute will offer opportunities to pitch your idea or demo your product before your big day.
Upcoming Events:
Creating A Winning Pitch
Thursday, February 12, 2014
5:30 PM to 7:30 PM
California State University Monterey Bay
University Center Living Room
Planning to compete The Startup Challenge? Need help getting your pitch ready for the Startup Challenge competition in March? This workshop is designed for you. Creating A Winning Pitch will cover what to include, what to say, and how to say it.
Open to all registrants of The Startup Challenge. Please be sure to register for the competition here. Participating in the competition is free.
Then register for this workshop at EventBrite. Be sure to pay for parking ($1/hour) at lot or online.
For more information visit here.
Posted by Rebecca Malsin on Feb 13, 2014 - Log in to edit this page


text:
Image Gallery
Issue Preview: June 2013 "Beastie Boys: Visual History + Tribute to MCA" IssueJuxtapoz // Tuesday, 07 May 2013
Today we are very pleased to show an inside look at our very special June 2013 issue, Beastie Boys: A Visual History + Tribute to MCA. For the special issue, we have interviewed every album cover artist, from Polly Wog Stewto Hot Sauce Committee Part Two, inner-sleeve artists, photographers, and even feature some of the outtakes that went into every album cover. We find the inside stories of how each album came to fruition through the experiences and artwork of each artist that is now part of the Beastie Boys canon. The issue was curated and compiled by our contributing editor-at-large, Joey Garfield.
Buy the issue now in our webstore.
Better yet, subscribe now to Juxtapoz and get this issue right now, for free.
We speak to Cey Adams, Haze, Arabella Field, World B Omes, Glen E Friedman, Ricky Powell, Todd James, Mike Mills, Matteo Pericoli, Bill McMullen, Bruce Davidson, Alex Grey, Kiino Villand, Sunny Bak... and, we interview Adrock of the Beastie Boys as he gave us the inside story and behind-the-scenes look at how each album cover was selected, from inside the band.
The issue hits newsstands on May 14, 2013, and in our webstore this week. Stay tuned for exclusive Beastie Boys content on the Juxtapoz site all month.


text:
Lizard King, Chad Muska, Keelan Dadd, Dee Ostrander, Spencer Hamilton, and other Supra riders hit the road through the midwest. Watch the video here.
Like Suciu, Mike possesses the "pretzel gene", which allows one to defy momentum and revert in unorthodox manners.
Manny Santiago tells his story of growing up in Lowell, MA, how he got into skateboarding in this clip from Ecko.
Welcome picks creative skaters who can also totally rip and that describes Ryan's skating perfectly. Here's some cool trick choices, unexpected manuals, and beastly boardslides (in both stances).
Our bros at Crailtap are having a big blow-out warehouse sale Saturday August 16th from 9 to 5 in Carson, CA
Short, sweet, and to the point, X2 Vision will get you amped. Featuring TJ Rogers and Yuri Facchini.
The Beer Boys come through with this never released vinyl featuring the late and great Dave Tuck on drums.
The caliber of skating is reaching incredible heights. A gang of rippers descended on an abandoned Detroit warehouse and went ballistic. Enjoy...
Front board hurricane just sounds cool. Slash didn't have much room for this one but he made it look good.
Clint Walker, Jason Park backside 360 kickflip blunt NBD, Greg Lutzka, and more in today's episode of Skateline.
This slam is brutal. Jake jumps a large loading dock gap but doesn't quite make it all the way. Harsh consequences....
Recently, a quick clip of a guy exiting a skatepark by way of showtime air blew up far and wide. It touched a nerve of stoke and spread like wildfire. We caught up with Mickey to ask some questions.
|Skate For The Cure Bellevue, WA Sep 21
|20 Years of Chocolate New York, NY Sep 21
|Hangtown Massacre IV Placerville, CA Sep 28
|Larb Fest San Diego, CA Oct 11


text: Ever since Sean Michael Anderson snatched up a mike and spit some rhymes, this 23-year-old rapper from Detroit has seemed to be dropping hints about the enormity of his future plans. He began by adopting the not-so-humble stage name Big Sean. He coaxed notorious egomaniac Kanye West into giving him ... More >>


text:
Subscribe to Numismatic News
More Numismatic Magazines
Do you think the price of gold Kennedy halves will be higher a year from now?
- Yes (11%, 1 Votes)
- No (89%, 8 Votes)
Total Voters: 9Loading ...
Community Voice
You have a voice with us. Make your opinion heard on current coin collecting news and events, and get published.
Letters to the Editor
- Letters to the Editor (10/07/14) First try at grading goes better than expectedI just had some coins graded, something I have never done before. One of the coins was a 1922 cent. I purchased the coin at an auction about 20 years ago for $25 and always considered it a "No D" cent as t...
Marketplace Links
Coin & Paper Money Classifieds
Place an ad to buy or sell coins online in our classifieds section.
Numismatic Directory
Browse our industry directory of coin dealers online, world coin dealers, paper money dealers, coin collecting supplies, coin auctions and more.
Numismaster Coin Price Guide
Look up coin values with the Numismaster coin price guide.
Coin & Paper Money Auctions
Check out upcoming coin auctions.
Tag Archives: San Francisco Mint tour
San Francisco Mint tour an eye-opener
Technically, the San Francisco Mint is a factory. It manufactures coins. And it's really good at producing silver coins. Silver proof coins. The kind collectors want to buy. I was given the opportunity to join a San Francisco Mint tour … Continue reading