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No. 08 Civ. 8558 (SHS).
July 29, 2009.
Anthony Robert Motta, Anthony Motta, Esq., New York, NY, for Plaintiff.
Defendant Dishant.com, LLC, through its proprietors — defendants Dishant G. Shah and Meeta Shah — operates a website, www.dishant.com, which is the self-proclaimed "home to Indian music." The website invites visitors to play Indian music, to create "playlists" of Indian songs, and to "listen to and download Bollywood Movie ringtones."
A "ringtone" is a "tune that plays when an individual who has purchased a ringtone receives a telephone call." United States v. ASCAP, 599 F. Supp. 2d. 415, 420 (S.D.N.Y. 2009).
Plaintiff Royalty Network, Inc. is the designated American administrator of music owned by non-party Saregama India, Ltd., a music recording company based in India. As the administrator, Royalty collects all royalties and other fees derived from copyrights Saregama holds on its music. Royalty contends defendants' website provides visitors with unauthorized access to music produced and owned by Saregama, thereby violating Saregama's copyrights and denying Royalty royalties to which it is entitled. After notifying defendants of their allegedly infringing behavior, Royalty filed this complaint bringing Copyright Act, Lanham Act, and New York State law claims against Dishant.com, LLC and Dishant and Meeta Shah.
The complaint also contains claims of contributory infringement against C I Hosting, Inc. and Propagation Networks, Inc. which allegedly serve as web "hosts" for the website. However, neither of those defendants has appeared in this action, and therefore the Court will not address the claims brought against them further. Accordingly, any reference to "defendants" in this opinion does not include either C I Hosting or Propagation Networks.
Dishant.com, LLC and Dishant and Meeta Shah now move to dismiss the complaint on the grounds that this Court lacks personal jurisdiction over them. In particular, those defendants argue that despite the ability of New York residents to access the website, Dishant.com, LLC is a Virginia-based company that does no business in New York, owns no property in New York, and has no contacts in or with the state, and, therefore, this Court does not have jurisdiction over the corporate defendant. Absent jurisdiction over the corporation, defendants continue, the Court also lacks jurisdiction over individual defendants Dishant and Meeta Shah. Accordingly, it contends dismissal pursuant to Fed.R.Civ.P. 12(b)(2) is appropriate.
Although the notice of motion was made solely by the individual defendants proceeding pro se, the parties all treat the motion as also made by Dishant.com, LLC and the Court will accordingly do so as well.
Royalty opposes dismissal, contending that this Court has jurisdiction over defendants pursuant to New York's "long-arm" statute, N.Y. C.P.L.R. § 302, on the basis that Dishant "transacts . . . business within the state" and that this suit arises out of those transactions of business.See N.Y. C.P.L.R. § 302(a)(1). Alternatively, Royalty asserts jurisdiction is appropriate pursuant to section 302(a)(3)(ii) which confers jurisdiction over those who commit tortious acts outside the state that cause injury within the state, provided the defendant expected or should have reasonably expected its acts to have consequences in New York. Finally, Royalty contends that jurisdiction over individual defendants Dishant and Meeta Shah can be founded solely on this court's jurisdiction over the corporate defendant because the individuals acted on behalf of the corporation and thereby engaged in all of the allegedly infringing activity.
Because this Court finds that neither provision of New York's long-arm statute confers jurisdiction over these defendants in this matter, defendant's motion to dismiss the complaint for lack of personal jurisdiction pursuant to Rule 12(b)(2) is granted.
Unless otherwise noted, the following facts are taken from the complaint and presumed to be true:
A. The Parties
Plaintiff Royalty Network, Inc. is a New York corporation with its principal place of business located within the Southern District of New York. (Compl. ¶ 1.) Pursuant to a written agreement dated November 29, 2005, Royalty serves as the American administrator of songs owned by Saregama India, Ltd., an Indian corporation and one of that country's largest music recording companies. (Id. ¶¶ 2, 3.) As the administrator, Royalty has the right to collect all royalties, fees, and other income derived from the copyrights held by Saregama on all of its musical compositions and master records, and has been authorized by Saregama to proceed as the plaintiff in this suit. (Id. ¶ 3; Ex. N to Decl. of Frank Liwall dated Dec. 11, 2008.)
Defendant Dishant.com, LLC is a limited liability company formed under the laws of Virginia and with a principal place of business in Richmond, Virginia. (Id. ¶ 4.) Dishant.com, LLC, through its officers, directors, and employees — specifically defendants Dishant and Meeta Shah — operates the website www.dishant.com. (Id. ¶¶ 4, 7-8, 11-12.)
According to the complaint, Dishant Shah personally conceived of and created the website and, along with Meeta Shah, authorizes and directs all of the website's activities, including the allegedly infringing activity at issue in this action. (Id. ¶¶ 6-9, 10-13.)
B. The Website
According to the complaint, www.dishant.com allows users to register and obtain a username; to play an extensive collection of Indian music; to create and save personal "playlists" for future use; and to download ringtones. (Id. ¶ 5.) The website, which professes to be the "Home of Indian Music," is available in several languages, and provides access to not only music, but to movies and photographs as well. (Motta Decl. ¶ 6; www.dishant.com (last visited July 27, 2009).)
Royalty contends Saregama owns — and has assigned to Royalty — copyrights in at least 25 percent of the music available on www.dishant.com either as streaming media or as downloadable ringtones. (Id. ¶¶ 5, 13.) By way of example, Royalty identifies approximately 90 songs all validly copyrighted by Saregama but available to be listened to without plaintiff's permission on www.dishant.com. (Ex. A to Compl.)
While all of the services offered by the website are free of charge to users, Royalty contends Dishant derives substantial revenues from operating the site. (Id. ¶¶ 7, 12.) It does so, plaintiff argues, by selling advertisements to such well-known national companies as Verizon, Citibank, and American Express, which seek to reach Dishant's primarily South Asian audience. (Decl. of Anthony Motta dated Dec. 12, 2008 ("Motta Decl.") ¶¶ 8-10.) Operating on the so-called "broadcast" or "advertising model," the website thus makes money by selling advertisers the opportunity to reach the website's audience. (Id. ¶ 11; Ex. F. to Motta Decl.)
In particular, www.dishant.com offers advertisers the opportunity to engage in "targeted advertising." (Motta Decl. ¶ 10.) As the website tells potential advertisers, www.dishant.com attracts "hundreds of thousands of South Asian visitors" and "this number is increasing by the day!," thus offering advertisers a unique opportunity to reach that particular audience with advertisements on the website. (Id.; Ex. E to Motta Decl.) Royalty contends a significant percentage of those visitors are based in the United States. And while it does not identify any specific visitor to the site, it provides data indicating that as many as 47,000 individuals in the United States visit www.dishant.com each month. (Ex. H to Motta Decl.)
C. The Complaint
The complaint contains seven counts brought pursuant to federal and New York state law. Count One alleges that defendants' operation of www.dishant.com infringes copyrights validly held by Saregama and assigned to Royalty, thereby violating section 501 of the Copyright Act. (Compl. ¶¶ 25-28.) In so doing, Royalty contends defendants are damaging Royalty's "goodwill and reputation" and "destroying the commercial market for the Songs administered by plaintiff and owned by Saregama." (Id. ¶ 34.) Count One thus seeks lost profits or, if lost profits are unascertainable, statutory damages in addition to the fees and costs incurred in bringing this action. (Id. ¶¶ 31-33.) Count Two raises identical claims against Dishant and Meeta Shah in their individual capacities as operators of www.dishant.com. (Id. ¶¶ 36-42.)
Count Three alleges contributory copyright infringement against C I Hosting and Propagation Networks. However, there is no indication in the record to suggest those two defendants have yet been served with the summons and complaint, and neither has made an appearance in this action.
Count Four of the complaint alleges defendants' website not only makes plaintiff's music available to the public without permission but does so while also depicting Saregama's artwork and logo in an attempt to "deceive . . . the public" into believing that www.dishant.com is authorized by Saregama. (Id. ¶¶ 61-62). Royalty contends defendants are thus falsely designating www.dishant.com as a owner or originator of the copyrights and causing copyright dilution in violation of section 43(a) of the Lanham Act., 15 U.S.C. § 1125(a). (Id. ¶¶ 64-65.)
Counts Five through Seven, which are based on the same conduct, allege deceptive acts or practices in violation of New York law, (id. ¶¶ 66-69), and common law unfair competition and unjust enrichment. (Id. ¶¶ 71, 73-75.)
A. The Motion to Dismiss Standard
A plaintiff bears the burden of establishing the Court's jurisdiction over the defendant on a motion to dismiss the complaint pursuant to Rule 12(b)(2). Metro. Life Ins. Co. v. Robertson-Ceco Corp., 84 F.3d 560, 566 (2d Cir. 1996). Where, as here, the challenge to jurisdiction is made before the parties have had an opportunity to engage in discovery, a plaintiff need only make a "prima facie showing" that jurisdiction exists, and a plaintiff meets its burden by pleading good faith allegations sufficient, if proven, to establish jurisdiction. Capitol Records, LLC v. VideoEgg, Inc., No. 08-cv-5831, 2009 U.S. Dist. LEXIS 19557, at *8 (S.D.N.Y. Mar. 9, 2009); Bensusan Rest. Corp. v. King, 937 F. Supp. 295, 298 (S.D.N.Y. 1996), aff'd 126 F.3d 25 (2d Cir. 1997).
While the Court may look beyond the complaint to satisfy itself that it has jurisdiction to hear the case, DiStefano v. Carozzi N. Am., Inc., 286 F.3d 81, 84 (2d Cir. 2001); Bensusan Rest. Corp., 937 F. Supp. at 298, at this stage, the Court construes the pleadings and any other materials it considers in the light most favorable to the plaintiff, resolving all ambiguities in its favor. A.I. Trade Fin., Inc. v. Petra Bank, 989 F.2d 76, 79-80 (2d Cir. 1993) (citations omitted).
B. New York's Long-Arm Statute
In a federal question case, a federal court applies the personal jurisdiction rules of the forum state unless the federal statute specifically provides for national service of process.PDK Labs, Inc. v. Friedlander, 103 F.3d 1105, 1108 (2d Cir. 1997). Because neither the Copyright Act nor the Lanham Act provides for nationwide service of process, the Court looks to New York law to determine whether it has personal jurisdiction over this non-domiciliary defendant. Fort Knox Music, Inc. v. Baptiste, 203 F.3d 193, 196 (2d Cir. 2000) (Copyright Act); PDK Labs, 103 F.3d at 1108 (Lanham Act). If, "but only if," jurisdiction is found under New York law, the court must then determine "whether asserting jurisdiction under that [law] would be compatible with requirements of due process established under the Fourteenth Amendment to the United States Constitution." Best Van Lines, Inc. v. Walker, 490 F.3d 239, 242 (2d Cir. 2007) (citing Int'l Shoe Co. v. Washington, 326 U.S. 310, 315 (1945)).
New York law provides for both general and specific jurisdiction over non-domiciliary defendants. Royalty does not contend that defendants' contacts with New York are so "continuous and systematic" as to make them "subject to the jurisdiction of New York on a general jurisdiction theory." Sole Resort, S.A. v. Allure Resorts Mgmt., LLC, 450 F.3d 100, 103 (2d Cir. 2006). Indeed, Royalty does not appear to dispute that defendants operate the website "solely from the state of Virginia" and that defendants "do not have an office, real estate or any employee in the State of New York." (Aff. of Dishant and Meeta Shah dated Oct. 28, 2009 ("Shah Aff.") ¶ 4.)
Instead, Royalty argues two different provisions of C.P.L.R. § 302(a) — New York's "long-arm statute" — afford this Court specific jurisdiction over Dishant.com, LLC. First, Royalty contends section 302(a)(1), which confers jurisdiction over any person who "transacts business within the state," applies because defendants, through their website, transact business in New York. N.Y. C.P.L.R. § 302(a)(1). Alternatively, Royalty contends section 302(a)(3)(ii), which confers jurisdiction over any person who commits a "tortious act without state" that causes injury within state, applies and gives this Court jurisdiction over these non-domiciliary defendants. N.Y. C.P.L.R. § 302(a)(3)(ii). The Court considers each provision in turn.
1. "Transacts Business" in New York
To make a prima facie showing of jurisdiction pursuant to section 302(a)(1), a plaintiff must establish, first, that defendant transacted business within the state of New York, and second, that this action arises from that transaction of business. N.Y. C.P.L.R. § 302; Sole Resort, 450 F.3d at 104.
For purposes of the long-arm statute, a party "transacts business" within the state when it "purposefully avails itself of the privilege of conducting activities within New York." Ehrenfeld v. Bin Mahfouz, 9 N.Y.3d 501, 508 (2007). Purposeful availment — the "overriding criterion" necessary to establish personal jurisdiction pursuant to C.P.L.R. section 302(a)(1) — requires more than "random, fortuitous, or attenuated contacts." Capitol Records, 2009 U.S. Dist. LEXIS 19557, at *11 (quoting Burger King Corp v. Rudzewicz, 471 U.S. 462, 475 (1985)). Instead, "[p]urposeful activities are those with which the defendant, through volitional acts, avails itself of the privilege of conducting activities within [New York], thus invoking the benefits and protections of its laws." Fischbarg v. Doucet, 9 N.Y.3d 375, 380 (2007) (quotations and citations omitted).
As New York courts have explained, section 302(a) is a "single act statute" pursuant to which "proof of one transaction in New York is sufficient to invoke jurisdiction, even though the defendant never enters New York, so long as the defendant's activities here were purposeful and there is a substantial relationship between the transaction and the claim asserted."Kreutter v. McFadden Oil Corp., 71 N.Y.2d 460, 467 (1988). Alternatively, even where no specific transaction exists, jurisdiction may be founded on a course of conduct connecting a defendant to the forum state. See, e.g., Cutco Indus., Inc. v. Naughton, 806 F.2d 361, 365 (2d Cir. 1986) ("Totality of all defendant's contacts with the forum state . . . indicate that the exercise of jurisdiction would be proper.")
a. Jurisdiction over a Website — The "Spectrum of Interactivity"
Where a plaintiff seeks to invoke section 302(a) over a non-domiciliary defendant based on its operation of a website, the jurisdictional inquiry requires considerations particular to that medium. Because websites are "generally speaking, equally accessible everywhere," Capitol Records, 2009 U.S. Dist. LEXIS 19557, at *11, the mere availability of the site to users in New York, standing alone, does not amount to transacting business in the state for purposes of section 302(a). Cf. Pearson Educ., Inc v. Yi Shi, 525 F. Supp. 2d 551, 556 (S.D.N.Y. 2007) ("Simply maintaining a web site in a distant state that residents of New York visit does not, by itself, subject a defendant to jurisdiction in New York." (citing Bensusan Rest. Corp. v. King, 126 F.3d 25 (2d Cir. 1997)).
Instead, where jurisdiction is premised on the use of a website by residents of a forum state, courts frame the jurisdictional inquiry by placing a website on a "spectrum" of interactivity. At one end are "passive" websites — i.e., those that merely make information available to viewers. Such websites have "been analogized to an advertisement in a nationally-available magazine or newspaper, and does not without more justify the exercise of jurisdiction over the defendant." Citigroup. Inc. v. City Holding Co., 97 F. Supp. 2d 549, 565 (S.D.N.Y. 2000). At the other end of the spectrum are "interactive" websites — i.e., those that knowingly transmit goods or services to users in other states. Where an "interactive" website is not only available but also purposefully directs activity into a forum state — for example, by making sales of goods or services to New York residents — those activities can be sufficient to trigger jurisdiction under section 302(a)(1). Mattel, Inc. v. Adventure Apparel, No. 00 Civ. 4085, 2001 U.S. Dist. LEXIS 3179, at *7-8 (S.D.N.Y. Mar. 22, 2001). Finally, "occupying the middle ground are cases in which the defendant maintains an interactive web site which permits the exchange of information between users in another state and the defendant, which depending on the level and nature of the exchange may be a basis for jurisdiction." Citigroup, 97 F. Supp. 2d at 565.
The Court takes note of the Second Circuit's guidance that, while the "spectrum of interactivity" may be "useful for analyzing personal jurisdiction under section 302(a)(1)," it "does not amount to a separate framework for analyzing internet jurisdiction." Best Van Lines, Inc. v. Walker, 490 F.3d 239, 252 (2d Cir. 2007).
As a preliminary matter, the parties dispute where on the spectrum the website www.dishant.com falls. Defendants contend the site is "passive" in that it is merely available to visitors anywhere but does not sell anything to anyone or otherwise purposefully direct its activities into any state, including New York. By contrast, as Royalty sees it, the website is "interactive" because it allows users to register, to create and save play lists, and to download content — notably ring tones — from the site to their own personal computers.
Royalty is clearly correct insofar as it contends that www.dishant.com is not a "passive" website. The site allows, indeed invites, a level of interactivity that extends well beyond merely making information available to visitors. See Citigroup, 97 F.Supp.2d at 565. However, as other courts in this district have found, defendants' website is likewise not fully "interactive" for jurisdictional purposes because it "does not conduct traditional business over the internet" because "it neither sells goods or services through its website nor charges membership fees to its registered users." Capitol Records, 2009 U.S. Dist. LEXIS 19557, at *13 (citing and collecting authorities, emphasis in original). Instead, the website falls somewhere in the "middle ground" and thus the jurisdictional inquiry requires closer evaluation of its contact with New York residents. Cf. Pitbull Prods., Inc.v. Universal Netmedia, Inc., No. 07 Civ. 1784, 2008 U.S. Dist. LEXIS 30633, at *18 (S.D.N.Y. Apr. 4, 2008) (collecting cases) (website that allowed users to post on a message board, but from which "no goods can be ordered or purchased" falls in "middle ground).
Here, Royalty identifies three different sets of contacts with New York that it contends are sufficient to amount to a transaction of business sufficient to trigger jurisdiction pursuant to section 302(a)(1): (1) the site is available to New York visitors who can stream and download material from it; (2) the site sells advertisements to New York-based companies; and (3) defendants registered the domain name — www.dishant.com — through a New York company.
b. Availability of the Site to New York Residents
Indisputably, defendants' website is available to visitors worldwide, including those in New York. Equally indisputably, as noted, mere availability to New York residents is insufficient to confer jurisdiction over defendants pursuant to section 302(a)(1). Instead, Royalty contends the website is not only available to New York residents but also directly transacts business with New York visitors in at least two ways: first, the website allows New Yorkers to register, a process that requires visitors to provide personal information to the website and, in return, allows them to create and save personal preferences such as play lists; second, the website allows New York residents to download files — in particular, ring tones — to their personal computers.
The Court need not decide whether that activity, either singularly or cumulatively, is sufficient to amount to a "transaction of business" for purposes of section 302(a), because even if it could be sufficient, Royalty provides no evidence that any New York resident actually engaged in any such transactions — e.g., registered with the website or downloaded material from it — or that defendants did anything to indicate their knowing and purposeful transaction with New York visitors.
The only specific users Royalty points to are two of its attorneys, both of whom made use of defendants' site for purposes of this suit. (Decl. of Anthony Motta dated Dec. 12, 2008, ¶¶ 5-8; Decl. of Andrew Krents dated Dec. 11, 2008, ¶¶ 1-2.) However, even assuming those attorneys are New York residents, "courts, both in this circuit and elsewhere, have found that personal jurisdiction may not be based on contacts `manufactured' by a plaintiff in this way." Chloe v. Queen Bee of Beverly Hills, LLC, 571 F. Supp. 2d 518, 524-25 (S.D.N.Y. 2008) (collecting cases).
Royalty does not dispute that, at this pre-discovery stage, it cannot identify specific New York users or ascertain the "full extent" to which "New York residents have accessed and used the many services of the Dishant website." (Pl.'s Mem. of Law in Opp. to Mot. to Dismiss 11.) Instead, Royalty contends that the website purposefully targets the Indian population, that a significant percentage of the Indian population within the United States resides in New York, and, therefore, that New York residents must have used the website and that defendants must have intended such use, thereby purposefully availing itself of the New York market.
That argument is simply insufficient. Even assuming those facts could support an inference that transactions with New York residents occurred, they would nonetheless be insufficient to support the further, necessary finding that defendants purposefully and knowingly entered into those transactions with New York residents or otherwise targeted New York for business. In particular, Royalty's argument that New York is home to a legally significant percentage of individuals of Indian descent residing in the United States — itself a questionable conclusion given that at least 85 percent of such individuals live outside of New York state — is insufficient to establish an intent to target the state given that defendants contend, and plaintiffs do not dispute, that the website's primary audience is not visitors to the site from America at all but instead residents of India. (Shah Aff. ¶ 4; Pl.'s Mem. of Law in Opp. 5.) Indeed, Royalty's own data shows that users from the United States (and thus any New York-based subset of those users) comprise a tiny fragment — just five percent — of the website's total monthly visitors, (Ex. L to Motta Decl.), thus confirming defendants' averment that "New York visitor traffic is negligible with respect to visitors in India." (Shah Aff. ¶ 4.)
Absent any additional evidence or even specific allegations to be proven through discovery, there is nothing in this record to support a finding that defendants purposefully transacted business via their website with New York visitors. In the context of the section 302(a)(1) jurisdictional inquiry, that failure is fatal: as other courts in this district have observed "[i]t stretches the meaning of `transacting business' too far to subject defendants to personal jurisdiction in any state merely for operating a website . . . without some evidence or allegation that commercial activity in that state actually occurred or was actively sought." Freeplay Music, Inc. v. Cox Radio, Inc., No. 04 Civ. 5238, 2005 U.S. Dist. LEXIS 12397, at *20-21 (S.D.N.Y. June 23, 2005); see also Capitol Records, 2009 U.S. Dist. LEXIS 19557, at *14-15 ("[S]ome evidence of volitional activities directed at the forum is required" and similar allegations of web activity insufficient because "it is neither volitional nor distinguishable from [defendants'] interaction with users located in any other jurisdiction").
Accordingly, Royalty's first asserted transaction of business fails to state a prima facie showing of jurisdiction pursuant to section 302(a)(1).
c. Sale of Advertisements to New York-based Companies
Alternatively, Royalty argues that defendants "transact business" within the state by selling advertisements on its website to national advertisers, including companies based in New York such as American Express, Citibank, and Verizon. Royalty further contends those transactions of business are sufficient to create jurisdiction over this case.
While the sale of advertisements to a New York corporation could constitute "transactions of business" for purposes of section 302(a)(1) where a defendant purposefully sought to do business with advertisers in the state or otherwise purposefully availed itself of the forum, here the advertisements in question were sold to large corporations that advertise to national audiences and have offices located throughout the country. There is nothing in the record to indicate defendants sold to, or interacted with, the New York office of any of its advertisers or that defendants had knowledge that any of those advertisers were headquartered in New York.
Moreover, the website features similar advertisements for companies based all over the country, and among those Royalty identifies, in addition to American Express, Verizon, and Citibank, are Texas-based Dell, Washington-based Microsoft, Colorado-based Dish Network, New Jersey-based Vonage, and California-based Paypal. Where a defendant's interactions with New York residents is not "distinguishable from [defendants'] interaction with [those] located in any other jurisdiction," the allegations are insufficient because they "lack[] the traditional indicia of `purposeful availment.'" Capitol Records, 2009 U.S. Dist. LEXIS 19557, at *14.
The Court takes judicial notice of the location of each listed company's principal place of business — as documented in each company's Securities and Exchange Commission filings — for purposes of resolving this motion. See http://www.sec.gov/edgar.shtml (last visited July 9, 2009); cf. Fed.R.Evid. 201 (Judicial notice appropriate if facts are "not subject to reasonable dispute" and are "capable of accurate and ready determination by resort to sources whose accuracy cannot be reasonably questioned").
Moreover, even if defendants' sale of advertisements to New York corporations could constitute transactions of business for purposes of section 302(a)(1), Royalty's jurisdictional argument would nonetheless fail because Royalty does not establish that this suit arises from those transactions. N.Y. C.P.L. § 302(a). As discussed further below, "[a] suit will be deemed to have arisen out of a party's activities in New York if there is an articulable nexus, or a substantial relationship, between the claim asserted and the actions that occurred in New York." Best Van Lines, 490 F.3d 239, 246 (2d Cir. 2007) (quoting Henderson v. INS, 157 F.3d 106, 123 (2d Cir. 1998). Here, the transactions involve the sale of advertising space to national advertisers, some of whom happen to be based in New York. Royalty identifies no relationship at all between those transactions and the claims raised in this litigation.
Even where a defendant website sells to advertisers nationwide, however, at least some courts have found that a defendant purposefully avails itself of the privileges and protections of doing business in New York when it sells to advertisers seeking to reach a New York audience by touting its ability to reach New York users. See, e.g., Id. at *20. Here, Royalty contends defendants did just that by telling potential advertisers that www.dishant.com could "increase your presence in the South Asian NRI audience" and thus offering "targeted advertising!" (Motta Decl. ¶ 10.) In so doing, Royalty argues that defendants were, in effect, touting their website's ability to reach New York residents since roughly 15 percent of the Indian population residing in the United States lives in New York.
The term "NRI" is apparently an acronym for "non-resident Indian" and as such refers to an "Indian citizen who has migrated to another country, a person of Indian origin who is born outside India, or a person of Indian origin who resides outside India." http://en.wikipedia.org/wiki/Non-resident_Indian_and_Person_of_Indian_Origin (last visited July 27, 2009).
The argument fails, however, because Royalty's allegations and supporting evidence are inadequate to support the inference of a purposeful attempt to take advantage of the New York market. First, there is no direct evidence that defendants touted their ability to reach the New York market to anyone. Moreover, as discussed above, Royalty's data confirms that defendants' website actually attracts visitors primarily from India, not from America, and that "New York visitor traffic is negligible" compared to visitors to the site residing in India. (Shah Aff. ¶ 4.) In light of that data, and absent any evidence to the contrary, the Court cannot conclude that defendants touted their ability to reach New Yorkers to potential advertisers, or in any other way purposefully availed themselves of the New York market in their advertising-related transactions of business.
Plaintiff's second asserted transaction of business, therefore, is also insufficient to confer jurisdiction pursuant to section 302(a)(2).
d. Registration of a Domain Name with a New York Company
Finally, Royalty proffers that the fact that defendants registered the website domain name — www.dishant.com — through a New York corporation, Register.com, Inc., amounts to a transaction of business within New York sufficient to confer jurisdiction in this Court. The argument is without merit.
Assuming defendants' registration of the domain name through a New York corporation validly alleges a purposeful transaction of business in New York, that alone would not end the jurisdictional inquiry. For the Court to have jurisdiction pursuant to section 302(a)(1), the case must also "arise from" that transaction of business. N.Y. C.P.L.R. § 302; Sole Resort, 450 F.3d at 104. "A suit will be deemed to have arisen out of a party's activities in New York if there is an articulable nexus, or a substantial relationship, between the claim asserted and the actions that occurred in New York." Best Van Lines, 490 F.3d 239, 246 (2d Cir. 2007) (quoting Henderson v. INS, 157 F.3d 106, 123 (2d Cir. 1998)). By contrast, "a connection that is `merely coincidental' is insufficient to support jurisdiction." Sole Resort, 450 F.3d at 103 (citations omitted).
No such nexus exists here. Indeed, aside from the general and undisputed fact that the instant suit stems from operation of the website whose domain name was registered in New York, Royalty does not identify any specific relationship at all between this suit and defendants' transaction of business within the state. Moreover, that general and undisputed fact — i.e., that defendants registered the domain name www.dishant.com in New York — is insufficient here because the transaction has no specific connection to this litigation. That it took place in New York is "merely coincidental" and of no relevance to the facts or legal issues underlying this suit. To find otherwise would be to suggest that registration of a domain name — an act courts have described as "quite simple," Acad. of Motion Picture Arts Sciences v. Network Solutions, 989 F. Supp. 1276, 1277 (C.D. Cal. 1997) — subjects the registrant to the general jurisdiction of the state in which it registers, an argument Royalty rightly does not advance.
Accordingly, absent any additional nexus between defendants' registration of a domain name in New York and this litigation, Royalty fails to make a prima facie showing that the transaction provides a basis for asserting specific jurisdiction over defendants pursuant to section 302(a)(1).
2. Tortious Conduct Out of State Causing Injury In State
Alternatively, Royalty seeks to invoke N.Y. C.P.L.R. § 302(a)(3)(ii), which provides jurisdiction over any person who "commits a tortious act without the state causing injury to person property within state" if he "expects or should reasonably expect the act to have consequences in the state and derives substantial revenue from interstate or international commerce." Jurisdiction pursuant to section 302(a)(3)(ii), thus, requires (1) tortious activity out of state, (2) causing injury in New York, (3) that is reasonably foreseeable to a defendant, who (4) derives substantial revenue from interstate commerce. See Fantis Foods, Inc. v. Standard Importing, Co., 425 N.Y.S.2d 783, 786 (1980).
Royalty contends defendants' conduct satisfies each of those jurisdictional elements because operation of www.dishant.com amounts to copyright infringement — i.e., tortious conduct — committed out of state that causes injury to Royalty within the state, and that such injury in New York was reasonably foreseeable to defendants given the large Indian population in the state. Royalty further contends that defendants derive substantial revenue from operation of their website, and thus, the alleged tortious conduct. Defendants generally deny that they are causing harm, let alone harm in New York, and in particular contest that they derive substantial revenue from any of their activities.
Claims for copyright infringement validly allege tortious activity, McGraw-Hill Cos. v. Ingenium Techs. Corp., 375 F. Supp. 2d 252, 256 (S.D.N.Y. 2005), conducted, in this case, in the state of Virginia. Accordingly, Royalty validly pleads the first element of jurisdiction pursuant to section 302(a)(3)(ii).
Royalty also validly pleads the second element — i.e., injury within the state of New York — because "the tort of copyright infringement causes injury in the state where the allegedly infringed intellectual property is held." Id.; see also Design Tex Group, Inc. v. U.S. Vinyl Mfg. Corp., No. 04 Civ. 5002, 2005 U.S. Dist. LEXIS 2143, at *4 (S.D.N.Y. Feb. 14, 2005) ("[B]ecause the plaintiffs (and their intellectual property) are based in New York, the injury is felt within the state no matter where the infringement takes place."). Here, Royalty, as the American assignee of Saregama's copyright interests, holds those interests in New York where it is based, and therefore, for purposes of this litigation, plaintiff validly pleads out-of-state tortious conduct causing injury in New York.
The jurisdictional inquiry breaks down, however, with respect to the third element because plaintiff proffers insufficient evidence to support a finding that it was reasonably foreseeable to defendants that their conduct would cause such injury in New York. The "reasonable foreseeability" requirement, which New York courts construe "in a manner consistent with United States Supreme Court precedent" so as to "avoid conflict with federal constitutional due process requirements," Kernan v. Kurz-Hastings, Inc., 175 F.3d 236, 241 (2d Cir. 1999), requires that a "defendant's conduct and connection with the forum state [be] such that he should reasonably anticipate being haled into court there." Id. (quotingWorld-Wide Volkswagon Corp. v. Woodson, 444 U.S. 286, 100 S.Ct. 559, 62 L.Ed.2d 490 (1980)). New York courts thus look for "tangible manifestations" of a defendant's intent to target New York, or for "concrete facts known to the nondomiciliary that should have alerted it" to the possibility of being brought before a court in the Southern District of New York. Am. Network, Inc. v. Access Am./Connect Atlanta, Inc., 975 F. Supp. 494, 497-98 (S.D.N.Y. 1998) (citations omitted).
Here, Royalty points to neither tangible manifestations of defendants' intent to target New York nor concrete facts known to defendants that would lead them to foresee being sued in the Southern District of New York. Indeed, there is nothing in the record to indicate defendants had knowledge that a New York company held copyright interests in any of the music at issue in this action. Cf. McGraw-Hill Cos., 375 F. Supp. 2d at 256. Defendants' website is the home of Indian music, providing access primarily to music produced by Indian artists and Indian companies. Thus, while it might be reasonably foreseeable to defendants that operation of their website would cause harm in India — the record reflects defendants' knowledge that Saregama, an Indian company, held copyright interests in all the music at issue in this litigation — there is nothing in the record to indicate defendants' knowledge that an American company, let alone a New York company, had been assigned those interests, and thus that harm in New York was a reasonably foreseeable consequence of their conduct.
Defendants concede their knowledge that Saregama held copyrights on some of the music available on www.dishant.com and detail their efforts to obtain a license for that music through negotiations with Saregama directly. (Exs. B, D to Ans.) However, there is nothing in the record to indicate defendants' knowledge of Royalty's licensing agreement with Saregama or Royalty's New York location.
Nevertheless, Royalty contends the harm in question was reasonably foreseeable to defendants irrespective of whether they knew who the copyright holder was or where the copyright holder was located. As Royalty sees it, the harm in question consists of the copyright holder's loss of sales to its primary customers — i.e., the Indian and Indian American audience — and harm to its reputation among those customers. Moreover, Royalty argues defendants must have foreseen causing such a harm in New York given, as plaintiff contends, that defendants purposefully targeted New York's Indian-American population.
The argument falls short, however, because Royalty does not actually establish that defendants purposefully targeted New York's Indian American population or otherwise targeted their activities toward the state. And while lost sales resulting from infringing activities can constitute harm for purposes of section 302(a)(3), courts have required the harm to be accompanied by "evidence of a purposeful New York affiliation" such as a "discernable effort to directly or indirectly serve the New York market." Kernan v. Kurz-Hastings, Inc., 175 F.3d 236, 241 (2d Cir. 1999) (citation omitted); see also Capitol Records, LLC, 2009 U.S. Dist. LEXIS 19557, at *29; Design Tex Group, Inc., 2005 U.S. Dist. LEXIS 2143, at *4 (jurisdiction exists because "defendants sell their [allegedly infringing products] to major hotel chains with numerous properties in New York and therefore must reasonably expect that sales of infringing products to those chains will have consequences in New York").
Here, Royalty identifies no such purposeful New York affiliation or discernable effort to target the state. Its only allegations in that respect — that www.dishant.com seeks to reach an Indian audience, and that New York is home to some 15 percent of the Indian American population — fail here for the same reasons set forth in detail above. Royalty is otherwise left with nothing more than its "sheer speculation" that defendants intended, or even knew of, a harm suffered within the state of New York, which, alone, is insufficient to establish reasonable foreseeability and thus jurisdiction pursuant to section 302(a)(3). Fantis Foods, Inc., 425 N.Y.S.2d at 787, n. 4.
Accordingly, the Court finds Royalty has failed to plead a reasonably foreseeable harm in the state of New York and thus has failed to make a prima facie showing of jurisdiction pursuant to section 302(a)(3).
C. Discovery
Finally, Royalty claims that, if the Court finds insufficient evidence to warrant the exercise of jurisdiction over defendants, it should be entitled to limited discovery in order to uncover additional facts and evidence relevant to the jurisdictional inquiry. The request is denied.
Although the decision to grant jurisdictional discovery is left to the discretion of the district court, Janzini v. Nissan Motor Co., 148 F.3d 181, 186 (2d Cir. 1998); Marine Midland Bank, N.A. v. Miller, 664 F.2d 899, 904 (2d Cir. 1981), to be entitled to discovery, a plaintiff must make a "threshold showing that there is some basis for the assertion of jurisdiction." Daval Steel Prods. v. M. V. Juraj Dalmatinic, 718 F. Supp. 159, 162 (S.D.N.Y. 1989) (citing Lehigh Valley Industries, Inc. v. Birenbaum, 527 F.2d 87, 93-94 (2d Cir. 1975)).
Royalty here has made no such threshold showing. Simply put, Royalty has failed to allege any plausible basis for finding jurisdiction pursuant to any provision of the New York long-arm statute. Royalty has not alleged any meaningful ties between defendants and the state of New York, and those few contacts between defendants and the state Royalty has identified bear little or no relationship to the facts and issues underlying this action. To the contrary, as highlighted above, Royalty's own submissions underscore the lack of connection between the website and New York by confirming that the vast majority of www.dishant.com visitors do not live in the United States at all, let alone in New York.
Moreover, Royalty does not put forward any compelling reasons why discovery should be allowed, nor does it identify any particular facts it would seek to adduce through such discovery or suggest how discovery could aid in this Court's jurisdictional inquiry. And it is well settled that a "plaintiff cannot put defendant through the costly process of discovery, even discovery limited to jurisdictional matters, simply because it thinks that it can probably show significant contact with the state of New York if discovery were to proceed." Bellepoint, Inc. v. Kohl's Dep't Stores, 975 F. Supp. 562, 565 (S.D.N.Y. 1997); see also Daval Steel Prods., 718 F. Supp. at 162 ("The mere commencement of a lawsuit, without the support of a threshold showing of jurisdictional prerequisites, should not entitle the party to use the court processes to attempt to find support for having commenced the litigation."). But cf. Tex. Int'l Magnetics, Inc. v. Auriga-Aurex, Inc., 334 F.3d 204, 207-08 (2d Cir. 2003).
Royalty has therefore made an insufficient showing to warrant jurisdictional discovery at this stage.
Because Royalty fails to make a prima facie showing that any provision of New York's long-arm statute gives the Court jurisdiction over non-domiciliary defendant Dishant.com, LLC, and therefore over individual defendants Dishant and Meeta Shah, the pending motion to dismiss the complaint pursuant to Rule 12(b)(2) is granted. Moreover, because Royalty fails to make even a "threshold showing" of a potential basis for this Court's jurisdiction to hear this action, plaintiff's request for jurisdictional discovery is denied.
ORDERAND NOW, this 15th day of July, 2009, after consideration of the various motions before the Court and for the reasons stated in the foregoing Memorandum, it is hereby ORDERED as follows:
1) The Motions to Stay pending arbitration, (Docs. 31, 38, 49), filed by Defendants Ambac Assurance Corporation, Financial Guaranty Insurance Company, and MBIA Insurance Corporation, respectively, are GRANTED.
2) The Motion to Dismiss, (Doc. 35), filed by Defendant Deutsche Bank National Trust Company, is DENIED without prejudice.
3) The Motion to Stay Arbitrations, (Doc. 89), filed by Plaintiff Radian Insurance, Inc. is DENIED.
4) As described in the foregoing Memorandum, within ninety (90) days, the parties shall file a joint report, or, if necessary, separate reports, together with any Motions seeking interpretation. The arbitrators may file requests for interpretation as they deem necessary or appropriate.
It is FURTHER ORDERED as follows:
1) In view of the above, the case shall be transferred to the Civil Suspense File;
2) The Clerk of the Court shall mark this case closed for statistical purposes;
3) The Court shall retain jurisdiction over the case and the case shall be returned to the Court's active docket upon further order of the Court; and
4) The entry of this Order shall not prejudice the rights of the parties to this litigation.


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2019 is finally here — which means not only do you get to enjoy the start of a new fiscal period, you can also enjoy the chance to tackle work with a fresh, rejuvenated mindset.
If one of your resolutions was to be more organized at work this year, the following tips may help. By keeping these suggestions in mind, you can enjoy a year in the real estate business that's more productive, lower-stress, and ultimately more fruitful.

subset: commoncrawl


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What is Achieved?
This programme develops entrepreneurial initiative by challenging learners to plan and implement six micro ventures.
Learners solve business problems for 20 entrepreneurs, and explore ways to turn their own interests into micro ventures.
Learning Context
Learners debate and brainstorm solutions to business problems. They also compete in groups to plan and start-up six micro ventures over the course of the year.
Lesson Plan Process
When advising entrepreneurs, learners follow a six-step process: grasp it; research it; explore it; unpack it; report it; imagine it.
Introducing Sort Out
Sort Out offers learners two linked learning paths.
On the first path, learners engage in entrepreneurial activities based on one of six themes: animals, art, food, services, sport and tourism.
On the second path, learners play the role of business advisors.
Path 1: Learners as Entrepreneurs
As learners make progress through Sort Out they encounter a range of entrepreneurship concepts such as becoming a better seller, getting to know customers, keeping up with competitors, managing cash or making a profit. Learners are challenged to prepare micro ventures in class, do some research at home, evaluate their progress the following week then go out and put their plans into action.
This Sort Out work card challenges learners to identify business opportunities related to the theme of tourism.
Learners begin by brainstorming different business ideas. Then they explore whether each option is "doable".
The work card then challenges learners to identify the resources and money they will need to make their chosen venture a success. Learners then set themselves tasks to accomplish before the next session. At the next class they work out how to break even and identify the people they know who can help them. More planning follows. Learners then try out their venture and write a report on their success (or failure). This learning system thus emphasises planning, action and reflection.
Path 2: Learners as Business Advisors
Sort Out includes more than 20 work cards that introduce learners to various entrepreneurs and their business dilemmas. These work cards challenge learners to research the issues, and to explore, debate and brainstorm ideas. In this way, learners approach all the concepts and skills prescribed in the National Curriculum Statement for Economic and Management Sciences from the perspective of an entrepreneur facing day-to-day business challenges.
Business Ventures
Our Learning Philosophy Since we develop learning materials, you would think that we're passionate about teaching. But you'd be wrong. We're not passionate about teaching. We're passionate about learning. And this subtle shift in focus from teaching to learning is what really defines our educational philosophy… The classroom as it should be… We believe that […]


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Norma Cole | In Her Voice
October 18, 2018 @ 6:00 pm - 8:00 pmFree
Please join Ben McNally Books to celebrate the release of award winning poet and artist Norma Cole's latest poetry collection, Fate News.
As a part of the In Her Voice series, Norma will be reading from and discussing her new collection. A book signing will conclude the event.
Thursday October 18
6 to 8pm
Ben McNally Books
366 Bay Street
Please RSVP here.
All timing all the time! Fate News is poetry in the crosshairs of action (kairos) and clock time (chronos). With a topical setlist in four sections, "Local," "On-Going," "Stay Songs," and "Harmolodics," Fate News relentlessly pierces the surface of lyric gesture. Its osmotic exchanges and searching encounters vibrate with the clarity of fiercely delicate shouts and murmurs, undertones and overtones. The vision of "Mount Fiasco" is on fire.
Norma Cole is a poet, translator, and visual artist. Her books of poetry include Actualities, Where Shadows Will, and Natural Light. TO BE AT MUSIC: Essays & Talks appeared in 2010. Her visual work has been shown at 2nd floor projects in San Francisco and the Berkeley Art Museum. Cole's various awards include a fellowship from the Foundation for Contemporary Arts, a Wallace Alexander Gerbode Foundation Award, Gertrude Stein Awards, the Robert D. Richardson Non-Fiction Award, and awards from the Fund for Poetry. Born in Toronto, Canada, Cole lives in the sanctuary city of San Francisco.


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The most powerful hurricane on record to hit Florida's Panhandle left wide destruction and at least two people dead, and it was not nearly finished yesterday, as it crossed Georgia as a tropical storm toward the Carolinas, which are still reeling from epic flooding by Hurricane Florence.
A day after the supercharged storm crashed ashore amid white sand beaches, fishing towns and military bases, Michael was no longer a Category 4 monster packing 250kph winds.
As the tropical storm continued to weaken, it was still menacing the southeast US with heavy rains, blustery winds and possible spinoff tornadoes.
Authorities said at least two people have died, a man killed by a tree falling on a Panhandle home and, according to WMAZ-TV, an 11-year-old girl was also killed by a tree falling on a home in southwest Georgia.
Search-and-rescue crews were expected to escalate efforts to reach hardest-hit areas and check for anyone trapped or injured in the storm debris.
The US National Hurricane Center in Miami early yesterday said that the eye of Michael was about 144km northeast of Macon, Georgia, and about 72km west of Augusta.
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Florida Governor Rick Scott announced afterward that thousands of law enforcement officers, utility crews and search-and-rescue teams would go into recovery mode.
He said "aggressive" search-and-rescue efforts would get under way.
"Hurricane Michael cannot break Florida," Scott said.


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What do you feed your dog?
View Single Post
October 8th, 2004, 08:59 AM
heeler's rock!
Senior Member
Join Date: Aug 2004
Location: Calgary, AB
Posts: 896
Just wanna clarify for pitbulliest. Nutrience and Nutro are not the same things. They are totally different dog foods. Nutrience, I have to agree is crap. Isn't it made by Petland or something like that? Nutro on the other hand, is good. I used to feed my kitty that, but switched her over to Go Natural.
I also wanted to say that Nutro is not found in any grocery store around here. Only at Petco and our 2 feed stores.
heeler's rock!
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By submitting this information, you provide express written consent to Coldwell Banker Residential Brokerage and our affiliates (the "Company") sending you future information, contacting you for telemarketing purposes using the information (including any phone numbers) you have or will provide us, and monitoring and recording these communications to assure the quality of service or for other reasons. This means the Company may contact you via residential number, mobile number and/or text messaging (including use of automated dialing equipment and pre-recorded calls). You are not required to give your consent as a condition of making a purchase with the Company. Additional information can be found in our Privacy Policy.
Want to see how long it takes to get to work from this property? Just enter in your work address and we will show you how long it takes to get there on every property you look at.
Impeccable Pala Mesa Village custom home w/tranquil backyard oasis will make you feel you are home! Entertainment area includes waterfall and BBQ with built-ins. Situated within a great community with low HOA fees offering clubhouse, pool, sport area, green belt...No Mello Roos. View Mstr BR with deluxe, luxurious bath and spacious walk-in closet. Outstanding features include, crown molding, tile & hardwood flooring, plantation shutters, new AC, tankless hot water.
3129 Via De Todos Santos
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Property ID: 190015419
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4918 Lake Shore Ct
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At Quantega, " I did it all by myself does not prevail". " We did it with an amazing backing"does. We believe no man will make a great leader who wants to do it all by himself. We work on enriching the leadership culture by seeping in a strategic approach on designing implementing and managing an innovative network. We make sure that at our workplace, the goals are clearly mentioned and benchmarks are sharply set which we accomplish together for our company endeavors.
Our revolutionary ideas are made sure to fall in place with the aid of the leaders who have an amazing foresight, insight and compelling vision. Leaders at Quantega, toil hard to form a customer- focused culture wherein they conduct discussions on customer query handling and their prominent issues. We know that our team has brilliant ideas and they are valued. Leaders make sure to discover new concepts and an urge to take risks and face the consequences. Leadership at our workplace is are totally grounded by the stakeholders' interests. They not only create an open culture where views are respected and heard but make sure that they are ideated resulting into great customer experience.
Here are few ways by which leadership is maintained and promoted at Quantega:
Reinforcing Accountability culture
Accountability is one of the most essential ways for a leader of any organisation to influence culture. We at Quantega, enable leaders to hold the people accountable for all the work they do. We realise how important it is to keep measure in place and keep up with a leader's influence in the development and alignment of the task. Doing so, we channelise our energies in the right direction towards producing amazins products in the market.
Using the right metrics
At Qunatega, we believe a leader takes people where they want to go but a great leader takes them where they hesitate but ought to go! Our leaders drive the best out of the team. There are times when the clients' issues take time to escalate because the team members are worried about the outcomes. But our leadership culture motivates them to realise that if we are getting feedbacks from our clients then we are on the right track. The right metric to be followed is indeed essential in our work ethics because in the end we want to deliver the best to our customers.
Open meetings and feedbacks
At our workplace, we conduct frequent open sessions in which the people gets to interact with our leaders and discuss strategies, developments and further plans without any hitch. Leaders make sure that there isn't any communication gap in the unit and all queries are taken up impartially with honest and justified answers. We make sure to gather feedbacks and inputs from people at all tiers of the organisation that helps us to refine and understand the perspectives , beliefs and show them that they fit in the big picture. Leaders at our place take time to ponder upon the feedbacks collected and inculcate the same as a unit thereafter.
Excavating thoroughly
We understand that great leadership is about humane experiences. It is not aformular but an attitude and this is the reason why we at Quantega excavate, get in trenches with our customers to get to know them the best, their requirements and expectations. We continuously work to make their experience amazing with us. Such leadership at our workplace has fostered us respect and our customers acknowledge our efforts. This justifies customers choosing us over others and their never ending engagement with us.
Leadership programs
At Quantega, culture indeed plays a vital role in deciding ethics suitable for the leaders who are in Quantega to manage systems and metrics to bring in a massive boost to the growth , change and succession. To promote a successful culture our workplace take various initiatives for the leaders to take part in leadership team building programs. We bring in these programs to learn ways in developing and sustaining effective teams which will produce phenomenal business outcomes. These programs also urges the members of the unit to vouch for leadership and understand the texture which brings in great responsibility to cater to the demands of the stakeholders.
Promoting Growth
For everyone at our workplace, from the top-level management to the entry level employee,, continuous urge to learn concepts is necessary for the growth of the organisation. For the growth of the organization, there is a continuous urge of learning necessary concepts, by every working individuals right from the top-level management to the entry level employee. Our leadership culture encourages to constantly improve skill set and adapt to the dynamic advancements in technological and market conditions. We also organise training sessions when needed thereby providing tremendous value to our organisation.The leadership culture at Quantega is to produce more leaders and not followers. We believe in fostering an environment that cultivates and empowers leadership. We nourish a leadership that caters to the development of a product that never ceases to impress and casts a mark that stays for an indefinite time.


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Select the Make & Model of your machine from the dropdown boxes below, to check whether this product is suitable for your machine.
Suitable for petrol grass trimmers using a 5/16UNC x 1/2" left hand thread bolt
This is a reasonably generic product, so SOME of the machines it is suitable for are listed.
Manufactured in the UK
Product code: 21526
This spool retaining bolt (red) 5/16unc x 1/2" lh thread is suitable for use in the following machines.
Find your machine in the list below to ensure that this is a suitable part for your machine.
The list contains the brand / distributor and models of the machines, (in alphabetical order) that we are aware of, that this product is likely to be suitable for. If your machine is not in the list, it could be that this part is suitable, but that we have no records of suitability. Please search our other products to see if we stock a suitable part, or let us know that you think this is suitable.
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Baltimore Orioles owner Eli S. Jacobs has informed baseball Commissioner Fay Vincent that he is considering selling the team.
Mr. Vincent said he received a letter from Mr. Jacobs two or three days ago in which Mr. Jacobs told of his plan to consider offers for the team he agreed to purchase in December 1988 for $70 million plus assumption of debts totaling about another $16 million to $17 million.
"Eli has written and said he is exploring the sale of the Orioles," Mr. Vincent said early this morning.
"People have approached him about the club. He originally said he wasn't interested. Now, he says he is going to explore the sale. He wanted me to know he was going to explore it. It doesn't mean he will necessarily sell."
Mr. Jacobs could not be reached for comment last night, and Orioles President Larry Lucchino, who was with the team in Minnesota, refused to comment.
Mr. Vincent said he did not know who the buyers might be, or even if Mr. Jacobs has talked with any. In today's editions of the Washington Post, Mr. Jacobs is quoted as saying he has been approached by two investors.
Mr. Jacobs told the Post he retained an investment banking firm in March to evaluate the market and assess potential buyers.
Mr. Vincent said he was surprised that Mr. Jacobs would consider selling the team, which is expected to move into the new downtown ballpark at Camden Yards for the 1992 season. But, referring to Mr. Jacobs' willingness to listen to offers, the commissioner said: "I can understand. He's very busy and extraordinarily involved in a whole bunch of fields. He has all sorts of competing elements in his life. My recollection of his letter is that he says he's interested in being less intensely occupied with baseball."
Mr. Jacobs, 53, who lives in New York, bought a home in Baltimore County shortly after he purchased the Orioles. He is an investment banker with financial stakes in a range of companies.
Mr. Jacobs is chairman of Memorex-Telex, the world's second-largest manufacturer of computer peripheral equipment. According to his biography in the Orioles media guide, Mr. Jacobs owns a controlling interest in companies whose annual revenue exceed $5 billion.
Several companies in which Mr. Jacobs has a financial interest have suffered during the recession. But Mr. Vincent said he did not believe that had anything to do with the decision of the Orioles principal owner to consider offers for the team.
"I think he has a good asset. I suspect it is a very valuable asset," Mr. Vincent said. "I simply think he has other interests that are pressing on his time. He loves baseball. He told me he has enjoyed every minute [as owner]. A lot of things are competing for his time. Baseball is an intense occupation."
Mr. Vincent said he believes Mr. Jacobs' decision also is attributable to the public scrutiny that comes with owning a major-league team, attention Mr. Jacobs often has attempted to escape.
"He's not a particularly public person, and this is a very public enterprise," Mr. Vincent said of Mr. Jacobs.
Mr. Jacobs is quoted in the Post as saying: "If I continue owning the Orioles, I'm going to pay a personal price in terms of my lifestyle. I haven't taken a vacation in almost a year and a half, and I don't think that's healthy."
Mr. Vincent wouldn't speculate how much money the Orioles might be worth. But the two National League expansion teams soon to be awarded will cost investors $95 million apiece. Speculation about the sale of the Orioles has risen as high as $120 million to $125 million.
Mr. Jacobs headed a group that purchased the team from the estate of the late Washington attorney Edward Bennett Williams, who paid $12 million for the Orioles in 1979.
"I think it is a very attractive franchise. It's hard to find anything that isn't attractive about it," Mr. Vincent said.


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Monthly Archive: June 2018
This Crayon Butterfly is a favorite old way to use up bits and pieces of crayons. This craft project has … Read More
Our Printable July Coloring Calendar will help the kids keep on track with all of their vacation and party activities. … Read More
Weaving is a time honored craft and we've updated it with this popular step by step Hula Hoop Weaving Tutorial. … Read More
You might even get your boys involved with writing about their summer adventures after they have created these Poop Emoji … Read More


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Our alumni family is growing rapidly, and our network of friends is extensive. Here are a few ways to share your information and stay connected with Neumann University. See the Related Links below to:
We invite everyone to get involved!
2018 Alumni Awards
FRONT: Ashley Dabb '10, Noelle Stack '09, Kerry Ronan '09, Maria Sotomayor-Giacomucci '13. BACK: Regina Haney '72, Diane Holefelder '10 '12, Mary Domes, Dr. Chris Domes, Ethelind Baylor '14, Annmarie Kelly '01, and MaryAnn Wallen '04.


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Dinosaur Jr - I Bet On Sky
- By Jamie Wolfert @tonereport
- December 19, 2013
- 0 Comments
I Bet On Sky is the reformed Dinosaur's Jr.'s third album since reuniting in 2005, their sixth total with the original lineup of J. "Many Stacks" Mascis, Lou Barlow, and Murph, and their tenth full-length overall. You can break for a minute to wrap your head around that if you need to. It's quite a storied piece of rock 'n' roll history, from the tumultuous, Minor-Threat-meets-Neil-Young early days, complete with on-stage fisticuffs, to the lineup changes and the Mascis solo years, and now back to the beginning (sans on-stage violence), Dino Jr. has proven as resilient and consistent as rock bands come.
I Bet On Sky sees the original trio getting along famously, creatively thriving in their status as universally respected, and still relevant, alternative rock grandpappies. Perhaps because of this, there's actually not much to say about this record that would surprise anyone that's heard a Dinosaur Jr. album before. Great (and some merely very good) songs from J. and Lou, lots of huge tones and grandiose, meandering fuzz guitar solos, Murph hitting the drums really hard and in all the right places...what more do you want?
So as not to appear to be blowing off I Bet On Sky as "just another awesome Dinosaur Jr. record", I will highlight a few of my favorite moments: The opener, "Don't Pretend You Didn't Know" may catch you off guard with it's "Walkin' On Sunshine" guitar riff, but don't be fooled, a trademark bittersweet melody brings it back home. The following song, "Watch The Corners", throws another curveball, opening with a chugging metal gallop that quickly segues into a classic Dino Jr. Big Muff strum-a-long. I have to assume these are deliberate, subtle efforts to keep the listener from growing complacent, something this band has always been great at. Barlow tunes are tough to beat for memorable hooks, and "Rude" can't fail, providing a cowpunk-ish backdrop for Lou's master-level pop craftsmanship. Album closer "See It On Your Side" is the place to go if you just can't get enough Mascis guitar solos. J. does a great Eddie Hazel, and this jam is I Bet On Sky's "Maggot Brain".
So you dig Dinosaur Jr. songs, right? Alright, then snatch up a copy of I Bet On Sky. It's filled with new Dinosaur Jr. songs. That is all.


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Putting on a well-made tailored and designed leather jacket instantly gives one major sex appeal. Leather jackets have a bit of history; starting with the early 1900's worn by aviator and military personal, they then began to achieve iconic status in Hollywood by the 1940's, and are now relevant in today's Pop Culture.
I've spent some time online researching leather jackets, and recently came across a brand I had never heard of – Muubaa. They are a UK company that makes leather jackets, coats, trousers, and accessories (made in India). After reviewing their current 2012 Biker Jacket collection online (click here) – I instantly fell in love. Everything was basically designed with me in mind – at least that's what I would like to believe. The buttery soft lambskin, distressed finished look, asymmetric lines, draped shapes, and feminine detailing screamed, I must own one! There is something to be said about a bad-ass leather jacket that is so well tailored, it holds a lot of femininity.
The Galaxy leather jacket in the rose/tan color is my first Muubaa purchase. I have yet to own a leather jacket in this color and love the versatility of it – it's a color that can be worn throughout the entire year. I read several reviews online that said Muubaa's leather jackets run small, but decided to trust my instinct and ordered my regular US size 2. I am happy with my decision, it fits perfectly with just enough room to layer. It's a little thinner than most of the other leather jackets I currently own, but so far it's warm enough when worn with a sweater. The starting price point for a Muubaa leather jacket is around $500. I happened to get lucky and found this Galaxy jacket from their 2011 collection at a price I am more than thrilled with.
I am also wearing an American Apparel sweater, Aqua coated skinny jeans, Grace Hats cashmere beanie, and my Seqolene Paris hobo purse.


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Your location > Music > All Points East Festival
All Points East Festival
Victoria Park, London
24th May-2nd June 2019
All Points East is a music festival held over two weekends once a year in London's Victoria Park. The 10 day event comprises two weekend of the most exciting names in music.
24th May - The Chemical Brothers, Hot Chip, Primal Scream, Jon Hopkins (Live), Spiritualized, Little Dragon, Peggy Gou (presents Gou talk), Roisin Murphy, Danny Brown, David August, Lane 8, Little Simz, Optimo, Ibibio Sound Machine, Petite Noir, Maurice Fulton, Josey Rebelle, Ge-ology, DMX Krew.
25th May - The Strokes, The Raconteurs Interpol, Johnny Marr, Parquet Courts, Jarvis Cocker, Courtney Barnett, Connan, Mockasin, Anna Calvi, Bakar, The Nude Party, Viagra Boys.
26th May - Christine and The Queens, James Black, Metronomy, Maribou State, Washington, Beach House, Honne, Kurt Vile and The Violators, Princess Nokia, Ezra, Collective, Toro Y Moi, Rina, Sawayama, Bob Moses, Andrew Weatherall, Yves Tumor (Full band), Jor Orbison, Baloji, Cuco, Moxie (presents on Loop), Octo Octa, Galcher Lustwerk, Paquita Gordon.
31st May - Bring Me The Horizon, Alice Glass, Architects, Run the Jewels, Nothing But Thieves, Idles, Scarlxrd, Yonaka.
1st June - Mumford & Sons, Dizzee Rascal, Leon Bridges, The Vaccines, Sam Fender, Jade Bird, Dermot Kennedy, Gretta Ray, Dizzy.
2nd June - Bon Iver, Mac Demarco, First Aid Kit, John Grant, The Tallest Man on Earth, Julien Baker, Snail Mail, Kokoko.
Book tickets for All Points East Festival in London with Premier Events, call 020 7283 4040 or book online.
Bolshoi Ballet: Don Quixote
Royal Opera House - London, GB
Thursday 15/08/2019
Last Night of The Proms
Royal Albert Hall - London, GB
Saturday 14/09/2019
Wales v France
Millennium Stadium - Cardiff, GB
Saturday 22/02/2020
Search for Tickets/HospitalityOr Advanced search


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Community calendar of events for Nov. 30, 2018
The Calendar publishes public events, meetings and fundraisers in The Jamestown Sun free. To submit an activity, email it to email@example.com — with "Calendar" in the subject line or fax to 701-952-8477.
Friday, Dec. 30
Jamestown Overcomers Narcotics Anonymous, 7:30 p.m., Seventh-day Adventist Church, 1201 4th St. NE.
James River Alcoholics Anonymous, 8 p.m., AA Clubhouse, 518 10th Ave. SE.
"Red & Gold: A Christmas Carol," a holiday musical extravaganza, 7:30 p.m., Dakota Prairie Regional Center for the Arts, New Rockford. Tickets: $5 for 10 years old and younger, $10 ages 11 and older, $25 adults. Tickets: www.dprca.com or DPRCA box office, 701-947-2174.
Valley City State University Music Department instrumental Christmas concert, 7:30 p.m., VCSU Vangstad Auditorium. Free admission.
Games for ages 9-17, 3:30 p.m., Alfred Dickey Library, 105 3rd St. SE. Free. Free snacks provided.


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Head Coach: Steve Lewis
AGO: James Stacpoole
We'll post weekly "players of the week" and relevant photos/match report for this season plus the AGO's messages where appropriate.
Well done William, Daniel, Harry and Henley's players of the week
Well done to Ethan, Ollie and William. Certificates for Ethan, Sam, Ben, Lucas and Max.