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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK
______
IN RE LITERARY WORKS IN ELECTRONIC MDL No. 1379 DATABASE COPYRIGHT LITIGATION ______
DECLARATION OF LAEL D. DOWD CONCERNING IMPLEMENTATION OF CLASS NOTIFICATION PROGRAM
I, LAEL D. DOWD, declare as follows:
INTRODUCTION
1. I am a Director of The Garden City Group, Inc. (“GCG”) and of GCG
Communications, a division of GCG. This Declaration is based upon my personal knowledge, as
well as on information provided by class counsel in the above-captioned action, my associates
and staff, who are under my direction and control, and information reasonably relied upon in the
fields of advertising, media and communications.
2. GCG was retained to develop and implement a proposed legal notice program (the
“Program”) to inform Class members about the revised settlement in the above-captioned action.
3. Pursuant to the Order Preliminarily Approving the Class Settlement, entered
January 22, 2014 (“Order”), Paragraph 7, the Class is defined as follows:
“All persons who, individually on jointly, own a copyright under the United States copyright laws in an English language literary work that has been reproduced, displayed, adapted, licensed, sold and/or distributed in any electronic or digital format, without the person’s express authorization by a member of the Defense Group or any member’s subsidiaries, affiliates, or licensee (a) at any time on or after August 15, 1997 (regardless of when the work first appeared in an electronic database) or
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(b) that remained in circulation after August 15, 1997, even if licensed prior thereto, including English language works qualifying for U.S. copyright protection under an international treaty (hereinafter “Subject Work”). Notwithstanding anything in the immediately preceding sentence to the contrary, a copyrighted work created prior to January 1, 1978, is a Subject Work only if it (a) has been electronically or digitally reproduced, displayed, adapted, licensed, sold and/or distributed by a Participating Publisher without the person’s express authorization and(b) is from a publication whose pre-1978 works have not been excluded from this settlement, as indicated on Exhibit A to the Agreement. Included in the Class are all copyright owners of Subject Works who, after June 25, 2001, responded to The New York Times Company’s Restoration Request website or print advertisements.”
4. The purpose of this Declaration is to report to the Court, that in compliance with the Court’s Order, all elements of the Program have been successfully implemented. The
Program commenced on February 24, 2014 and was substantially completed on March 25, 2014.
5. This Declaration also describes and details why this Program was reasonably calculated, using tools and methods accepted in the advertising and communications fields, to have reached an estimated 77 percent of the target audience, defined as “Professional writers
18 years old and older in the United States,” on average 2.5 times. In total, the Program delivered 227,118,552 online impressions, or opportunities to see the notice, as well as traditional print media and news articles both in the United States and internationally to reach
Class members in this case.
QUALIFICATIONS
6. I began my tenure at GCG in 2002, building the media team and consulting and
implementing many extensive, domestic and international, ground-breaking notice programs that
have been approved by numerous courts throughout the country. Some of the major cases I have
worked on are listed below. In developing these notice programs, and working with plaintiff’s
counsel, defense counsel, and the courts, I have gained valuable and extensive experience in
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designing and implementing legal advertising and notice programs in consumer, security, and bankruptcy cases.
7. I have implemented or consulted on many large and high profile legal notice programs, both nationally and internationally, for a wide range of class actions, regulatory, and consumer matters that include consumer fraud, antitrust, telecommunication, media, environment, securities, banking, insurance, and bankruptcies. The cases include, but are not limited to:
In re Polyurethane Foam Antitrust Litigation, No. 1:10-md-02196-JZ (N.D. Ohio 2010);
In re Cobb EMC Class Action, Civil Action File No. 10:100353-48 (GA Super. Ct., Cobb County)
Steven Brody, et al. v. Merck & Co., Inc., et al., Case No. 12-cv-4774-PGS-DEA (D.N.J. 2012);
In re: Federal-Mogul Global Inc., T&N Limited, No. 01-10578 (Bankr. D.Del. 2002);
Schonning v Abit ComputerCorp.,No. RG 03109308 (Cal.Super. Ct. 2005);
In re: Acands, Inc., No. 02-12687 (Bankr.D.Del. 2007);
Ellerbrake v Campbell No. 01-L-540 (Ill. Cir. Ct. 2004);
Synfuel Technologies, LLC v Airborne Express, Inc., No: 02-324-DRH (S.D. Ill. 2004);
DeHoyos v Allstate Insurance Co. No. SA-01-CA-1010-FB (W. D. Tex.2006);
Sarah Clough v America Online, Inc., No. D-CJ-2001-13, District Court For Creek County, Oklahoma – Drumright Division. 2004);
Bruno v AT&T Wireless PCS, LLC, No. Cal 03-07692 (Md. Cir. Ct. 2004);
Kruman v Christie's International PLC, No. 00 CIV 6322 (S.D.N.Y. 2003);
In re: Literary Works in Electronic Databases Copyright Litigation, No. 1379 (S.D.N.Y 2005);
Lobo Exploration Co. v BP America Production Co., No. CJ-97-72 (Okla. D.C. 2005);
Bristol v Allstate Insurance Co., No. SU04CV2971 (Ga. S.C. 2005);
In re: Western Union Money Transfer Litigation, No. Cv 01 0335 ( E.D.N.Y. 2004);
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Coburn v Daimler Chrysler Services North America LLC, No. 03-C-00759 (N.D. Ill. 2005);
Dichter v BP America Production Co., No. D-0101-Cv-200001620 (N.M. First Jud. Dist. 2007);
Leach v E. I. Du Pont De Nemours And Co., No. 01-C-608 (W. Va. Cir. Ct. 2005);
In re: Global Crossing Ltd. Securities Litigation, No. 02 CIV 910 (S.D.N.Y. 2004);
Allapattah Services, Inc. v Exxon Corp., No. 91-0986-Civ-Gold (S.D.Fla. 2006);
Meyenburg v Exxon Mobil Corp., No. 3:05-CV-15 (S.D.Ill. 2005);
Farmer v Jackson National Life Insurance Co., No. 02 L 433 (Ill. Cir. Ct. 2007);
Foultz v Erie Insurance Exchange, No. 003053 (Phil. Cty. Ct. 2003);
Hurkes Harris Design Associates, Inc. v Fujitsu Computer Products of America, Inc., No. CV 812127 (Cal. Super. Ct. 2004);
Gonzalez v Abercrombie & Fitch Stores, Inc., No. 03-2817 SI; No. 04-4731 (N. D. Cal. 2005);
Spartanburg Regional Health Services Dist., Inc. v Hillenbrand Ind., Inc., No. 7:03- 2141-HFF (D. S.C. 2006);
In Re: Initial Public Offering Securities Litigation, No. 21 MC 92(SAS) (S.D.N.Y. 2006);
Lucas v KMART Corp., No. 99-cv-01923-JLK ( D. Colo. 2006);
SEC v Vivendi Universal, S.A., No. 03 Civ. 10195 (S.D.N.Y.);
In re: Nortel Network Corp. Sec. Litig., No. 01-CV-1855; No. 05 MD 1659 (S.D.N.Y.);
In re: Visa Check-Mastermoney Antitrust Litigation, No. CV-96-5238 (E.D.N.Y.);
In re Worldcom, Inc. Securities Litigation, Master File No. 02 Civ. 3288 (S.D.N.Y.)
8. In addition to my background in the area of legal notification, I have extensive experience in communications and public relations. I have served as associate at Sciens
Worldwide, a healthcare issues PR firm in Washington, DC, developing public relations campaigns for numerous issues and clients.
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METHODOLOGY
9. To appropriately design and target the notice publication component of the
Program, we have used a methodology that is used throughout the advertising industry and that
has been embraced by courts in the United States. See Daubert v. Merrell Dow Pharmaceuticals,
509 U.S. 579 (1993) (experts must apply a technique that may be tested by peers and use
industry accepted methodology); Kumho Tire Co. v. Carmichael, 526 U.S. 137 (1999) (same).
The methodology discussed in this declaration has been accepted by numerous courts.
10. Media is typically purchased based on both demographic (i.e., age, gender, ethnicity, income, education) and psychographic (i.e., lifestyle, product and brand preference,
media usage, and media definition) characteristics. Based on these characteristics, populations
will tend to use media in differing ways.
11. In order to determine the most appropriate media to employ in this notice
publication program, my staff studied data provided by nationally syndicated media research
bureaus, including GfK Mediamark Research and Intelligence, LLC (“GfK MRI”) and
comScore.1 Media research bureaus characterize populations in clusters by demographic factors
including age, ethnicity, income, geographical distribution, income, gender, and profession.
Once the demographic profile has been established, research continues to include a target
audience’s psychographic characteristics, such as their choice of media. A media study can
1 GfK MRI is a nationally syndicated research tool. It is the leading supplier of multi-media audience research, and provides comprehensive reports on demographic, lifestyle, product usage and media exposure. GfK MRI conducts more than 26,000 personal interviews annually to gather their information, and is used by more than 450 advertising agencies as the basis for the majority of media and marketing campaigns. comScore is a global Internet information provider on which leading companies and advertising agencies rely for consumer behavior insight and Internet usage data. comScore maintains a proprietary database of more than 2 million consumers who have given comScore permission to monitor their browsing and transaction behavior, including online and offline purchasing. comScore panelists also participate in survey research that captures and integrates their attitudes and intentions.
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define a target audience by product, service, and brand usage habits. The study can identify
which media channels are favored by the target audience. For instance, what magazines are they
reading, how frequently, and whether they are reading the daily newspaper or visiting a favored website.
12. In this instance, our final media delivery analysis was calculated based on a target of “Professional writers 18 years old and older in the United States.” While we relied on both
GfK MRI and comScore to guide us on media preferences, we were also cognizant to include titles published by parties that were Defendants in the settlement.
13. Based on all the steps described above, we were then able to measure and report to the Court the percentage of the target audience that was reached by the notice publication component and how many times the target audience had the opportunity to see the message. In advertising, this is commonly referred to as a “Reach and Frequency” analysis, where “Reach” refers to the estimated percentage of the unduplicated audience exposed to the campaign, and
“Frequency” refers to how many times, on average, the target audience had the opportunity to see the message. The calculations are used by advertising and communications firms worldwide, and have become a critical element to help provide the basis for determining adequacy of notice in class actions.
NOTICE PROGRAM
14. In compliance with Paragraph 13 of the Order, this Program incorporated
traditional and online media outlets, along with the creation of a settlement website. Specifically,
the Program included the following components:
Publication of a short-form notice (“Publication Notice”) in nationally and internationally circulated consumer magazines; Publication in national, local and international newspapers;
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Banner advertising on highly trafficked websites; An informational website (www.copyrightclassaction.com) on which the Full Notice and other important Court documents are posted.
PLAIN LANGUAGE NOTICE
15. The Publication Notice was written in a clear, plain and concise style appropriate for the target audience. It comports with the plain language standards for legal noticing. The
Publication Notice included a description of the nature of the action, including information on the identity of Class members, their rights as well as important dates and deadlines. Additionally, the Publication Notice included the website address and toll-free number, which were prominently positioned in the Publication Notice, so Class members could easily obtain more detailed information.
MAGAZINE
16. The summary notice was published once each in People Magazine, USA Weekend,
Good Housekeeping, Parade, Time and The Atlantic. Attached as Exhibit A are tear sheets of the ads as they appeared in each magazine.
Unit Issue On-Sale Title Circulation Size Insertions Dates Dates
People 3,542,185 ½ Page 1 3/10/14 2/28/14 USA Weekend 22,250,000 Digest 1 3/2/14 3/2/14 Good Housekeeping 7,624,505 ½ Page 1 April 3/11/14 Parade 32,500,000 2/5 Page 1 3/9/14 3/9/14 Time 3,301,056 ½ Page 1 3/10/14 2/28/14 The Atlantic 477,990 ½ Page 1 April 3/25/14 Total 98,894,680 6
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NATIONAL NEWSPAPERS
17. The summary notice was published as a one-sixth page legal notice once in each of the U.S. national newspapers below. Attached as Exhibit B are tear sheets of the ads as they appeared in each newspaper.
Issue/On-Sale Title Circulation Date USA Today 1,674,306 3/5/14 Wall Street Journal 1,356,065 2/28/14 The New York Times 660,779 2/24/14 Total: 3,691,150
LOCAL NEWSPAPERS
18. In addition to the national newspapers, the summary notice was also published as a one-sixth page legal notice once in each of the local newspapers below. The book review or arts section of the paper was requested, where available. Attached as Exhibit C are tear sheets of the ads as they appeared in each newspaper.
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Title Circulation Issue/On-Sale Date
New York Daily News 516,165 3/1/14 Los Angeles Times 610,592 2/24/14 Chicago Tribune 414,930 2/24/14 Dallas Morning News 257,133 2/26/14 San Jose Mercury News 611,206 3/13/14 Oakland Tribune 4,066 3/13/14 Boston Globe 245,572 3/2/14 The Washington Post 473,462 3/3/14 Houston Chronicle 333,574 3/2/14 TOTAL 3,466,700
INTERNET
19. Internet banner ads were posted on the sites identified below for approximately 4
weeks. Facebook.com was added to the Program to increase the overall reach of the plan. In total over 227,000,000 impressions were delivered. Attached as Exhibit D are screen shots of the banner ads as they appeared on the various web properties.
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INTERNET SCHEDULE
Website URL Banner Ad Size Impressions Run Dates Facebook www.facebook.com Custom 186,426,718 2/27 – 3/10/14 728 x 90 & 2,000,751 Hearst Digital Network Various 2/24 – 3/25/14 300 x 250 McClatchy Newspaper 728 x 90 & 1,000,155 Various 2/24 – 3/25/14 Network 300 x 250 Conde Nast Digital 728 x 90 & 28,388,375 Various 2/24 – 3/25/14 Network 300 x 250 Wall Street Journal www.wsj.com 300 x 250 1,529,128 2/24 – 3/25/14 The New York Times www.nytimes.com 728 x 90 1,001,245 2/24 – 3/25/14 People www.people.com 728 x 90 2,550,873 2/24 – 3/25/14 USA Today www.usatoday.com 300 x 250 650,093 2/24 – 3/25/14 728 x 90 & 3,571,184 Gannett Network Various 2/24 – 3/25/14 300 x 250 227,118,552 Total Impression Delivery:
INTERNATIONAL MEDIA
20. The summary notice was published globally in order to reach class members who
may have published in the United States, but are living elsewhere. Specifically, the legal notice
was published once in each of the international publications below. Attached as Exhibit E are
tear sheets of the ads as they appeared in each publication.
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Title Circulation Issue Date On-Sale Date Time Europe- Middle East, 3/10/14 826,000 2/28/14 Africa, Asia and South Pacific Wall Street Journal - Europe 2/28/14 143,348 2/28/14 and Asia The Economist Worldwide 1,555,917 3/8/14 3/7/14 International New York Times 218,563 3/3/14 3/3/14 Total: 2,743,828
OFFICIAL SETTLEMENT WEBSITE
21. In compliance with the Order, GCG established and continues to host and
maintain an official website dedicated to the Settlement, www.copyrightclassaction.com. This
website serves as a “landing page for the banner advertising,” where Class members may obtain
further information about the class action, their rights, dates and deadlines and related
information. The website includes: (1) an overview of the proposed settlement; (2) important
dates and deadlines; (3) frequently asked questions and answers; (4) a downloadable copy of the
Full Notice; and (5) downloadable copies of important Court documents including the Order and
the Settlement Agreement with exhibits. Class members were able to exclude themselves or
object to the settlement by May 9, 2014. The website address was prominently displayed in the
Publication Notice. The website is accessible 24-hours a day, 7-days a week.
CONCLUSION
22. Based on our extensive experience in planning and implementing class action
notice programs, it is our judgment that this broad reaching Program is consistent with other similar, effective, court-approved programs. Using tools and methods accepted within the advertising industry, as discussed above, this Program is estimated to have reached 77 percent of the target audience, with an average frequency of 2.5 times.
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I declare under the penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on June 3, 2014, in Arlington, Virginia.
______Lael D. Dowd
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Exhibit A
Magazine Tearsheets
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Exhibit B
National Newspaper Tearsheets
USA TODAY Case4D L I1:00-md-01379-GBDFE Document 41-2 Filed 06/03/14 WEDNESDAY, Page MARCH 2 5,of 2014 4 PRIME-TIME NIELSEN RATINGS THE NETWORK RATINGS RACE, WEEK BY WEEK ENDING MARCH 2 (in millions) BEYOND SEASON TO DATE (in millions) THE NUMBERS 30 CBS NBC FOX ABC UNI CW THE NEWS BEHIND 20 THE RATINGS 11.6 Total 8.5 10.9 10.3 8.2 7.4 3.1 1.9 10 6.3 4.4 viewers BY GARY 3.0 1.5 LEVIN 0 Ages 18-49 3.1 3.9 3.5 2.7 1.5 1.0 02/02 03/02 02/02 03/02 02/02 03/02 02/02 03/02 02/02 03/02 02/02 03/02 GOLD NIGHT-BY-NIGHT RATINGS NETWORK (RATINGS) Season TOP 20 TICKET LEGEND: Time Program Viewers Rank to date VIEWERS = IN MILLIONS (*) = NIELSEN RATINGS TIE 8:30 Parks and Recreation (NBC) 2.5 *85 3.8 ABC’s Academy (R) = REPEAT EPISODE (S)=SPECIAL BROADCAST 8:31 The Millers (CBS) 11.0 *12 11.4 Lupita 9:00 Grey’s Anatomy (ABC) 9.4 *18 12.5 Nyong’o was Awards won SOURCE: NIELSEN Season Que Vida Me Robo (Uni) 3.8 60 3.9 rated No. 1 43.7 MILLION Time Program Viewers Rank to date Rake (Fox) 3.4 *65 5.6 in her cate- viewers Sunday, MONDAY, Feb. 24 Reign (CW) 1.3 *110 2.0 gory, and up more than 9:01 Two and a Half Men (CBS) 10.0 *16 10.4 so was the 8:00 The Voice (NBC) 15.9 6 15.0 Hollywood Game Night (NBC) 3.4 *65 3.4 Oscar show. 3 million from How I Met Your Mother (CBS) 9.3 *21 9.8 Host Ellen 9:31 The Crazy Ones (CBS) 7.4 36 10.2 last year to its The Bachelor (ABC) 8.2 *27 9.1 10:00 Scandal (ABC) 9.3 *21 11.1 MATT SAYLES, DeGeneres Almost Human (Fox) 5.7 45 7.8 biggest crowd Parenthood (NBC) 3.6 *61 6.2 INVISION, takes “selfie.” Star (CW) 1.1 113 1.2 Que Pobres Tan Ricos (Uni) 2.5 *85 3.2 VIA AP since 2000. 8:30 2 Broke Girls (CBS) 8.0 *31 9.4 10:01 Elementary (CBS) 8.7 *24 11.7 9:00 Mike & Molly (CBS) 8.2 *27 10.0 KEVIN WINTER, GETTY IMAGES The Following (Fox) 4.6 *53 8.3 FRIDAY, Feb. 28 Viewers (millions) SING A SONG Beauty and the Beast (CW)(r) 0.6 *114 1.2 8:00 Undercover Boss (CBS) 7.5 35 8.4 1 Oscars (ABC)(s) 43.7 9:02 Que Vida Me Robo (Uni) 3.9 59 3.8 ‘THE VOICE’ Last Man Standing (ABC) 6.4 42 7.2 2 Oscars Red Carpet Pt. 3 (ABC)(s) 26.9 9:30 Mom (CBS) 7.2 38 8.5 Dateline (NBC) 6.2 43 6.8 15.9 MILLION NBC’s The Voice 3 Oscars Red Carpet Pt. 2 (ABC)(s) 18.7 returned Monday 10:00 Intelligence (CBS) 5.4 *46 10.9 Bones (Fox)(r) 3.4 *65 6.3 THIS 10:01 The Blacklist (NBC) 11.2 11 14.9 Por Siempre Mi Amor (Uni) 2.5 *85 2.6 4 Big Bang Theory (CBS) 17. 7 SEASON with 15.9 MILLION Castle (ABC) 8.7 *24 12.7 Whose Line Is It? (CW)(r) 1.3 *110 1.2 5 NCIS (CBS) 17. 0 10:02 Que Pobres Tan Ricos (Uni) 2.7 *80 3.3 viewers, up from 8:30 Whose Line Is It? (CW)(r) 1.5 *108 1.3 6 The Voice (Mon., NBC) 15.9 15 million for last TUESDAY 8:31 The Neighbors (ABC) 4.2 *55 4.8 7 Oscars Red Carpet Pt. 1 (ABC)(s) 14.8 VS. , Feb. 25 9:00 Hawaii Five-0 (CBS) 10.6 15 11.6 September’s start and 8:00 NCIS (CBS) 17.0 5 20.2 Shark Tank (ABC) 7.8 *33 7.7 8 NCIS: Los Angeles (CBS) 13.2 15 MILLION 9 The Voice (Tue., NBC) 13.0 IN FALL matching American The Voice (NBC) 13.0 9 14.2 Grimm (NBC) 5.3 48 8.3 The Bachelor (ABC)(s) 8.1 *29 Que Vida Me Robo (Uni) 3.3 *70 3.5 10 (CBS) 12.0 SEASON Idol’s January return Blue Bloods Glee (Fox) 3.0 *73 5.3 Enlisted (Fox) 1.9 102 2.9 11 The Blacklist (NBC) 11.2 Por Siempre Mi Amor (Uni) 2.8 *76 3.1 among young adults. Star (CW)(sr) 0.6 *114 12 The Millers (CBS) 11.0 The Originals (CW) 1.8 *103 2.9 9:29 Raising Hope (Fox) 1.8 *103 2.8 9:00 NCIS: Los Angeles (CBS) 13.2 8 15.9 10:00 Blue Bloods (CBS) 12.0 10 13.6 * Person of Interest (CBS) 11.0 Que Vida Me Robo (Uni) 4.0 58 4.0 Que Pobres Tan Ricos (Uni) 2.4 *91 3.0 14 American Idol (Wed., Fox) 10.8 LATE NIGHT New Girl (Fox) 2.8 *76 5.3 10:01 20/20 (ABC) 7.3 37 15 Hawaii Five-0 (CBS) 10.6 Supernatural (CW) 2.1 *98 3.0 Hannibal (NBC) 3.3 *70 3.3 16 Two and a Half Men (CBS) 10.0 NBC’s Late Night With 9:01 About a Boy (NBC)(r) 8.1 *29 8.1 * (Thu., Fox) 10.0 Seth Meyers averaged 9:30 Brooklyn Nine-Nine (Fox) 2.7 *80 5.0 SATURDAY, March 1 American Idol 18 Criminal Minds (CBS)(s) 9.4 2.7 MILLION viewers 9:31 Growing Up Fisher (NBC)(r) 7. 0 * 4 0 7.9 8:00 Comedytime (CBS)(r) 3.3 *70 3.0 10:00 Chicago Fire (NBC) 7.1 39 10.8 Penguins/Blackhawks (NBC)(s) 2.8 *76 * Grey’s Anatomy (ABC) 9.4 for its first week, while Mind Games (ABC) 3.6 *61 3.6 Social Network (ABC)(s) 2.4 *91 * Survivor (CBS) 9.4 The Tonight Show 10:01 Person of Interest (CBS) 11.0 *12 14.6 Almost Human (Fox)(r) 1.7 *105 2.1 Starring Jimmy Fallon 10:02 Que Pobres Tan Ricos (Uni) 2.7 *80 3.2 8:30 Comedytime (CBS)(r) 2.3 *95 3.0 WEDNESDAY 9:00 Crimetime Saturday (CBS)(r) 3.5 *63 3.6 CABLE TOP 10 claimed 5.5 MILLION , Feb. 26 Sabado Gigante (Uni) 2.1 *98 2.0 in its second, down NBC VIA AP 8:00 American Idol (Fox) 10.8 14 14.0 The Following (Fox)(r) 1.2 112 1.1 3 million from its Seth Meyers Survivor (CBS) 9.4 *18 11.2 10:00 48 Hours (CBS)(r) 5.4 *46 5.4 Beth made his debut The Middle (ABC) 7.0 *40 8.6 10:30 The Goldbergs (ABC)(s) 1.7 *105 (Emily premiere week. on Late Night. Revolution (NBC) 4.6 *53 7.6 Kinney) Por Siempre Mi Amor (Uni) 2.8 *76 2.8 SUNDAY, March 2 and Walk- Arrow (CW) 2.4 *91 3.6 7:00 Oscars Red Carpet Part 1 (ABC)(s) 14.8 7 ing Dead TOP 10 TWEETED-ABOUT 8:30 Suburgatory (ABC) 5.2 49 5.4 60 Minutes Presents (CBS) 9.3 *21 8.0 stand tall PROGRAMS OF THE WEEK 9:00 Modern Family (ABC) 8.5 26 12.1 Dateline Classic (NBC)(r) 4.2 *55 3.5 in the Unique Law & Order: SVU (NBC) 7.8 *33 8.9 Aqui y Ahora (Uni) 3.0 *73 2.1 ratings. Show Tweets audience Que Vida Me Robo (Uni) 4.2 *55 3.7 Bob’s Burgers (Fox)(r) 2.0 *100 2.0 Tomorrow People (CW) 1.5 *108 2.2 1 Oscars (ABC, Sun.) 11,163,000 13,923,600 7:30 Oscars Red Carpet Part 2 (ABC)(s) 18.7 3 9:31 Mixology (ABC) 5.0 50 5.0 GENE PAGE, AMC 2 Walking Dead (AMC, Sun.) 439,100 4,810,100 American Dad (Fox)(r) 1.7 *105 2.3 10:00 Criminal Minds (CBS)(s) 9.4 *18 7:59 The Simpsons (Fox)(r) 2.5 *85 3.4 Show Viewers (millions) 3 The Voice (NBC, Mon.) 329,700 4,469,000 Nashville (ABC) 4.8 51 7.5 8:00 Oscars Red Carpet Part 3 (ABC)(s) 26.9 2 4 Pretty Liars (ABC Family, Tue.) 397,400 3,885,900 Que Pobres Tan Ricos (Uni) 2.5 *85 3.2 1 Walking Dead (AMC) Sun., 9:00 12.6 Amazing Race (CBS) 6.1 44 9.5 2 Duck Dynasty (A&E) Wed., 10:00 5.2 5 The Bachelor (ABC, Tue.) 193,300 3,805,200 10:01 Chicago PD (NBC) 8.0 *31 9.3 Nuestra Belleza (Uni) 3.5 *63 3.2 6 The Bachelor (ABC, Mon.) 126,200 3,319,200 8:30 Oscars (ABC)(s) 43.7 1 3 Talking Dead (AMC) Sun., 10:01 5.0 7 Scandal (ABC, Thur.) 584,900 3,249,000 THURSDAY, Feb. 27 Bob’s Burgers (Fox)(r) 2.3 *95 2.5 4 Pawn Stars (History) Thu., 9:30 4.9 8 Teen Wolf (MTV, Mon.) 419,600 2,943,900 8:00 Big Bang Theory (CBS) 17.7 4 19.8 9:00 The Mentalist (CBS)(sr) 3.4 *65 * WWE Raw (USA) Mon., 8:00 4.9 9 The Voice (NBC, Tue.) 102,200 2,451,300 American Idol (Fox) 10.0 *16 13.0 Family Guy (Fox)(r) 2.7 *80 3.2 6 WWE Raw (USA) Mon., 9:00 4.8 Countdown to Oscars (ABC)(s) 4.7 52 9:04 The Voice (NBC)(sr) 3.4 *65 10 WWE Raw (USA, Mon.) 256,900 2,304,700 7 WWE Raw (USA) Mon., 10:00 4.3 Community (NBC) 2.6 84 3.8 9:31 American Dad (Fox)(r) 2.4 *91 2.4 Data from week ending March 2; unique audience measures * Pawn Stars (History) Thu., 9:00 4.3 relevant tweets until 5 a.m. local time the day after telecast Por Siempre Mi Amor (Uni) 2.5 *85 3.0 10:00 Good Wife (CBS)(sr) 2.9 75 for new prime-time and late-night programs except sports. Vampire Diaries (CW) 2.0 *100 3.0 10:31 Sal y Pimienta (Uni) 2.3 *95 2.3 9 Gold Rush (Discovery) Fri., 9:00 4.0 Source: Nielsen SocialGuide 10 Rizzoli & Isles (TNT) Tue., 9:00 3.7
TELEVISION Legal Notice U.S. District Court for the Southern District of New York New pairings, new twists Literary Works in Electronic Databases Copyright Litigation for ‘Dancing With the Stars’ To: Freelance authors of English language literary works Season 18 kicks off MEET THE COUPLES This is a summary notice of a revised class action settlement. Please read this with diverse lineup The complete list of stars and the dancing pros notice. It may affect your legal rights. they’ll be paired with: What is this proposed settlement about? and partner swaps u‘Full House’ actress Candace Cameron Bure A settlement has been reached in a class action lawsuit alleging that commercial Ann Oldenburg McKellar & Mark Ballas electronic databases and newspapers and magazines infringed the copyrights u‘Wonder Years’ actress of freelance authors. The lawsuit alleges that newspapers and magazines, after @annoldenburg Danica McKellar & USA TODAY publishing the works with the authors’ permission, then sold them to the electronic Valentin Chmerkovskiy databases without the authors’ permission. The current settlement is a revision of a uSwimmer Diana Nyad previous proposed settlement that was reached in 2005. & Henry Byalikov Dancing With the Stars has u‘Real Housewives of Atlanta’ The settlement applies to English language literary works that were reproduced rounded up another cast of celeb- Carey star NeNe Leakes & on a commercial electronic database without the authors’ permission. Works may Tony Dovolani still be eligible even if not registered with the U.S. Copyright Office, and even if they rity characters for Season 18 amid u several changes to the show. Pop star Cody Simpson were originally published outside the U.S. Excluded are works for hire and works for & Witney Carson which the author granted electronic rights to the original publisher. Competing on the series, u‘The Price Is Right’ host Drew which kicks off March 17 (ABC, Carey & Cheryl Burke Freelance authors were notified of the previous settlement, and the 8 p.m.): two Olympic ice-dancing uOlympic ice-dancing gold deadline for submitting compensation claims under that settlement was medalist Meryl Davis & September 30, 2005. Additional details about eligible works and your options darlings (Charlie White and Leakes Meryl Davis), three singers Maksim Chmerkovskiy are contained in the full Notice of Revised Class Action Settlement, available at uOlympic ice-dancing gold www.copyrightclassaction.com. (including pop star Cody medalist Charlie White Simpson), former child TV & Sharna Burgess What do I need to do? actors, a double amputee uPara-snowboarder Amy snowboarding champ, a Purdy (who lost her legs Class members have three options: (i) do nothing; (ii) exclude yourself from the after contracting meningitis) settlement; (iii) object to the settlement. former pro hockey player, & Derek Hough distance swimmer Diana u To remain a class member, you do not need to do anything. To be eligible for Former NHL player Sean a settlement payment, you must have already submitted a timely, valid claim Nyad, reality star NeNe Leakes Avery & Karina Smirnoff uSinger/actor Billy Dee under the previous settlement in 2005. If you did so, then you need to do nothing and comedian Drew Carey. further to participate in the settlement. (You will eventually hear from the Claims Also spicing up the mix: Bad- Williams & Emma Slater White and Davis uBig Time Rush band mem- Administrator about the validity of your claim.) boy pro Maks Chmerkovskiy ber/actor James Maslow returns to the ballroom. You may still exclude yourself from the settlement. You must (1) mail a written & Peta Murgatroyd request for exclusion, postmarked by May 9, 2014, Electronic Databases Copyright The show is in transition. Litigation, EXCLUSION REQUEST, c/o GCG, PO Box 10033, Dublin, OH 43017- Tom Bergeron’s co-host, Brooke 6633, or (2) submit an exclusion request online at www.copyrightclassaction.com Burke-Charvet, was fired and MCKELLAR BY JONATHAN LEIBSON, FILMMAGIC; CAREY BY MONTY BRINTON, CBS, VIA AP; by that date. LEAKES BY CHARLES SYKES, INVISION, VIA AP; WHITE AND DAVIS BY GUS RUELAS, REUTERS replaced by Fox Sports’ Erin To object to the settlement, you must file a written objection by May 9, 2014. Andrews. New bandleader Ray keeping hold of younger audi- I’m thrilled.” Chew joins the team as Harold ences,” Green says. For Leakes, 46, the challenge Further information on each option is available at www.copyrightclassaction.com. Wheeler and his gang exits. But he defends the show that will be her health. After suffering Final Fairness Hearing Pro Derek Hough announced has had so many years of success. apulmonary embolism in No- another twist on Tuesday’s Good “I think we’ve held our own re- vember, she says, she has put A hearing on the proposed settlement will be held June 10, 2014 at 10:00 a.m. by Morning America, saying that at markably well.” on some pounds. “Being sick U.S. District Judge George B. Daniels, U.S. District Court, 500 Pearl Street, New York, NY 10007, to determine whether the settlement should be approved. Class some point, the cast members Olympians White and Davis made me gain some weight. So members or their counsel may appear in Court. will all switch partners. seem to have an obvious advan- I’m hoping this will help me lose “You have to change things tage. Green expects that they 20 pounds.” I have new contact information, whom should I contact? every so often to keep them will bring beautiful dance moves The Real Housewives of Atlan- If you have changed your mailing or e-mail address since the original settlement fresh,” says executive producer to the ballroom but points out ta star says that “there will be in 2005, you should notify the Claims Administrator, whose contact information is Conrad Green. that they will not be dancing with doctors on set for me,” but “I feel in the full Notice of Revised Class Action Settlement. If the Claims Administrator The show’s audience was each other. pretty good.” does not have your correct contact information, you may not receive your settlement slightly smaller (averaging 15 mil- But they’d better watch out Carey is hoping for staying payment (assuming you already submitted a valid claim in 2005) or notice of lion viewers) and older last fall. for Wonder Years star and math power. “I just don’t want to get important developments in this class action. And while it is roughly tied with whiz Danica McKellar, 39, who is voted off first, like Jeffrey Ross,” Please do not contact the Court. The Voice in total viewers, Danc- more than rarin’ to go. another comedian who was the Dated: January 22, 2014 ing has only about half that “I love challenges,” she says. first to go in 2008. show’s young-adult audience. “I love sparkly outfits. Saying Carey, 55, hopes his Price Is By Order of the Court The median age of a Dancing I’m excited is an understatement. Right fans will vote for him. The Honorable George B. Daniels viewer is 61.6, the second-oldest “Dancing With the Stars and The of any major-network prime-time DANCING Price Is Right audiences are the series. WITH THE STARS same age group and wheelhouse. www.copyrightclassaction.com “We have to be mindful of MARCH 17, ABC, 8 ET/PT That’s my ace in the hole.”
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C4 N THE NEW YORK TIMES, MONDAY, FEBRUARY 24, 2014 A Hint of Jazz From a Classical Quartet Biographer’s Portrait of His Own Family
The superb Quatuor Ébène has sohn’s String Quartet in F minor made a name for itself not only as Quatuor Ébène (Op. 80) concluded the program From First Arts Page The Splendid Things We Planned an elegant purveyor of classical Zankel Hall on a blazing note. He also takes a perverse pleas- A Family Portrait fare but also for jazz perform- Mendelssohn wrote the piece in ure in noting that Scott was a By Blake Bailey ances. That influence could be 1847, shortly after the sudden lousy writer, who wrote a Salin- heard on Friday ble. death of his beloved older sister, ger knockoff, “a short story about 254 pages. W. W. Norton & Company. $25.95. VIVIEN evening at Zankel In Haydn’s String Quartet in F Fanny, also a gifted composer and an impossibly precocious toddler SCHWEITZER Hall in the group’s minor (Op. 20, No. 5), which her brother’s artistic confidante. who kills himself because the encore, an ar- opened the program, the conclud- Mendelssohn, who died six adult world is a terrible place.” He describes a Christmas din- ner full of snarling, the heart- MUSIC rangement of Er- ing Fugue unfolded with dramatic months later, channeled his grief And that Scott’s beauty began to REVIEW roll Garner’s “Mis- contrasts in dynamics. The first into this turbulent quartet, whose fade before high school was over. breaking family scene in which ty,” and in its inter- violinist, Pierre Colombet, played character, according to the com- As Scott began his long boozy, Blake and Scott’s father, a tough pretation of Schumann’s String with exquisite sensitivity poser and pianist Ignaz Mos- druggy fall from grace, it became guy by nature, wept at the news Quartet in A (Op. 41, No. 3). throughout, his elegant musician- cheles, seemed “consistent with almost too easy for Blake to as- that Scott had lasted only two The finale of the Schumann ship complimented by the playing his deeply disturbed frame of sume the role of responsible months at New York University. took on a decidedly jazzy swing, of the second violinist, Gabriel Le mind.” guardian for his errant older sib- The one and only Bailey Christ- MARY BRINKMEYER its syncopations particularly pro- Magadure; the violist, Mathieu The Ébène played with no- ling. mas card photo, he says, has a nounced in the Ébène’s distinc- Herzog; and the cellist, Raphaël holds-barred fervor, the first “The Splendid Things We “curatorial” quality, arranged to novelist’s flair. This narrative be- preserve a happiness that per- tive rendition. Unexpected shifts Merlin. movement imbued with a tension Planned” takes its wistful title gins slowly, but it quickly picks from a 1969 Roy Clark song, “Yes- haps was never there. in dynamics, alluring phrases and After the Haydn, the Schumann and vigor that revealed myriad up steam and becomes a sleek, terday When I Was Young.” The This book has, to use the title of idiosyncratic touches rendered raised the dramatic temperature shades of sorrow and the poign- dramatic, authentically lurid the Schumann and the other next line: “I always built to last Blake’s Richard Yates book, “a several notches, and the ensem- ant Adagio rendered with searing story fueled by candid fraternal works on the program memora- ble’s performance of Mendels- introspection. on weak and shifting land.” Those tragic honesty” running through lyrics make it a good evocation of rivalry. However aghast and it. He is able to summon his own the precariousness that ran pained he is at the mounting ca- uncertainty about what he would through the Bailey brothers’ lamities in his brother’s life, there become, wondering whether am- youth and early adulthood, when is a part of him that not so secret- bition could save him from the stability was in short supply, and ly reveled in being the survivor. vagrancy and madness that the danger signals grew more The book details every painful eventually made Scott a danger and more alarming. Their par- stage of Scott’s increasing to himself and others. He remem- ents divorced; Blake tried to strangeness, some but not all of it bers each of his own literary af- align himself with his mother as fueled by drugs. Blake speaks of fectations — like his Yates phase, Scott’s behavior grew ever more how Scott managed to alienate all when he “began to fancy myself a shocking, yet their father seemed kind of knockabout intellectual á BROADWAY to favor Scott, no matter what he la Frank Wheeler in ‘Revolution- did. And once their father remar- ary Road,’ and thus I contrived to The Musical Phenomenon "Broadway's Biggest Blockbuster" TONIGHT AT 7 A book that relies feel superior to certain old “Les Miz is born again.” - NY1 — The New York Times "A must see 90-minute jolt of ried, his new family could not fail LES MISERABLES Tomorrow at 7 caffeinated creativity." -NY1 to notice that Blake had become a friends who’d surrendered them- TOMORROW AT 7:30 WICKED New York Times & Time Out Critics' Pick blackout drunk, which rendered only on memory. selves to the rat race.” He adds, "You'll be in seventh heaven!"-NYT Previews Begin March 1 at 8 PM MURDER FOR TWO Special Guest Star k.d. lang thru March 9 Perf Schedule: Mon-Sat 8; Sat 2 Tu&We7;Th&Fr8;Sa2&8;Su1&7 moot much of his superior atti- “At bottom I was a failure and Telecharge.com or 212-239-6200 Ticketmaster.com or 877-250-2929 MurderforTwoMusical.com AFTER MIDNIGHT Groups of 12+ (800)-447-7400 Groups: 646-289-6885/877-321-0020 Telecharge.com or 212-239-6200 tude about Scott’s transgres- knew it better than anybody.” Featuring Dule Hill and Visit us at LesMiz.com/Broadway WickedtheMusical.com Mo7;We2&7;Th&Fr8;Sa2&8;Su3 sions. The book brings a surpris- The takeaway from this vivid, The Jazz at Lincoln Center All-Stars Imperial Theatre (+), 249 W. 45th St Gershwin Theatre(+) 222 West 51st St. New World Stages (+), 340 W. 50th St. ing degree of humor and frank- but his most worthless friends; of tender book is that it can be as Wynton Marsalis, Artistic Director Tue-Thu 7:30; Fri,Sat 8; Wed,Sat 2; Sun 3 ness to describing some of the his first car wreck, first arrest valuable for a reader to know a AfterMidnightBroadway.com OFF−BROADWAY and first obviously stoned behav- Ticketmaster.com or 877-250-2929 most humiliating moments in its biographer as it is for a biogra- Brooks Atkinson Theatre(+), 256 W. 47 St. author’s life. ior. (“All I knew was that every pher to know his or her subject. TIME MAGAZINE'S #1 SHOW OF THE YEAR Blake is freed from the biogra- time he opened his mouth some- Anyone who reads Blake Bailey’s Tomorrow at 7 “Devastating and gorgeous. A poignantly pher’s burden of fleshing out his thing strange came out, as future work — and his magnum GENTLEMAN’S GUIDE Roald Dahl's funny, beautifully created narrative.” though he were addressing us MATILDA "HILARIOUS" - Cosmopolitan - THE NEW YORK TIMES story with layers of fact and de- opus is to be Philip Roth’s biogra- Tomorrow at 7 "VERY FUNNY!" - Chicago Tribune MY MOTHER HAS 4 NOSES tail. This is a slender book, one from the fog of some alien phy — will find it illuminating to "HILARIOUS, DAFFY & INSPIRED!" -NYT THE MUSICAL Tomorrow at 7:30 MatildaTheMusical.com 50 SHADES! THE MUSICAL A New Musical Play written & performed that relies only on memory and world.”) He describes how the know who’s telling the story: an A GENTLEMAN'S GUIDE Telecharge.com or 212-239-6200 by Jonatha Brooke Groups of 10+ Call 877-536-3437 The Original Parody Tu-We 7:30;Th-Fri 8;Sa 2 & 8;Su 2 acknowledges memory’s weak- brother who once at least made erudite, dedicated scholar who TO LOVE & MURDER Tu,Th7;Fr8;We,Sa2&8;Su3 of Fifty Shades of Grey www.FourNoses.org 646.223.3010 ness, especially when alcoholism an effort to be interested in books still remembers himself looking Tu&Th 7:30,We 2,Fr 7:30&10,Sa 3&8,Su 3 A NEW MUSICAL COMEDY Shubert Theatre (+), 225 West 44th Street The Duke on 42nd Street - 229 W 42nd St is involved. And however painful refused to touch anything more “like a baggy old cadaver cross- Telecharge.com or 212-239-6200 50ShadesTheMusical.com 866-811-4111 AGentlemansGuideBroadway.com The Elektra Theatre, 300 West 43rd Street the process of putting it together demanding than the magazines ing the set of ‘Ozzie and Harriet’” Groups 12+: 866-302-0995 might have been, he gives it a High Times or Tiger Beat. in his golden youth. Walter Kerr Theatre (+), 219 W. 48th St. THE OPEN HOUSE PREVIEW TOMORROW at 8 APPROPRIATE Powerful, Provocative and Timely. MOTHERS AND SONS TOMORROW AT 7:30! TOMORROW AT 7:30! Signature Theatre presents Signature Theatre presents PREVIEWS BEGIN WEDNESDAY A New Play by APPROPRIATE THE OPEN HOUSE At the New England Knockout agreement of the organizers. In DISNEY presents TERRENCE McNALLY Starring By Branden Jacobs-Jenkins By Will Eno Team Regional in Cromwell, Bridge Cromwell, just general conven- ALADDIN TYNE DALY Directed by Liesl Tommy Directed by Oliver Butler Conn., this month Jared Lilien- tions were allowed in events that Broadway's New Musical Comedy Telecharge.com / 212-239-6200 Tue-Fri at 7:30, Tue-Fri at 7:30, Phillip Alder This Week: Wed-Sat 8; Sun 3 MothersAndSonsBroadway.com Satat2&8,Sunat2&7:30 Satat2&8,Sunat2&7:30 stein and Michael Polowan of included non-Flight-A players. Next Week: Wed-Fri 8; Sat 2&8; Sun 3 Golden Theatre (+) 252 West 45th Street 212-244-7529 signaturetheatre.org 212-244-7529 signaturetheatre.org New York City entered the two- Users of a midchart convention AladdinTheMusical.com The Pershing Square Signature Center The Pershing Square Signature Center 866-870-2717/Groups 15+: 800-439-9000 480 W. 42nd Street 480 W. 42nd Street session Wednesday A/B Pairs. In must provide a written suggested New Amsterdam Thea (+) B'way & 42 St. the diagramed deal, they got a defense, which Lilienstein and tied top, but it cost them first Polowan had done, but that did Tomorrow at 7:30 place. How? NORTH not help here. MOTOWN THE MUSICAL S Now Extended Through Mar. 30 The winners were Karen Mc- 10 The director told Lilienstein Tomorrow at 8 Featuring hits from "INSPIRING" - The New Yorker Callum of Exeter, N.H., and Selen h K 9 8 6 4 3 2 STRICTLY LIMITED ENGAGEMENT THE LEGENDARY MOTOWN CATALOG “Captures The Humor Of The Human "A SENSATIONAL STORY." - NY Times and Polowan that play should “A sensational night of theatre.” - NPR Ticketmaster.com or 877-250-2929 Experience” – NYTimes Hotamisligil of Wellesley, Mass., d 6 5 continue, and they would get av- Groups (15+) 212-239-6262 RIDING THE BILL W. AND DR. BOB just ahead of Sheila Gabay of C Q J 4 BRYAN CRANSTON For full performance schedule visit MIDNIGHT EXPRESS erage minus or their result, MotownTheMusical.com Call 212-691-1555 Newton, Mass., and Lewis whichever was the worse. Lunt-Fontanne Theatre (+),205 W. 46th St. www.BillWandDrBob.com WITH BILLY HAYES ALL THE WAY Th7;Fr8;Sa3&8;Su3 Wed at 2p & 8p; Fri at 5p; Sun at 2p Gamerman of Westwood, Mass. WEST(D) Polowan (South) inquired with EAST Written by Robert Schenkkan SoHo Playhouse, 15 Vandam Street Telecharge.com or 212-239-6200 The problem for Lilienstein S K J 8 6 4 two no-trump. North showed Ticketmaster.com or 877-250-2929 RidingTheMidnightExpress.com S A Q 7 5 St. Luke's, 308 W 46th, b/t 8th & 9th Aves and Polowan was the convention h hearts with extra offense, based Tue, Thr, Fri 8; Wed, Sat2&8;Sun3 A 7 5 h AllTheWayBroadway.com that they used after West opened 10 on his seventh heart. South Neil Simon Theatre (+), 250 W. 52nd St. Tonight at 7:30 d J 8 Best Original Score Best Choreography with one weak no-trump, show- d 7 4 3 C K 6 5 jumped to four hearts. 2012 TONY AWARD WINNER! “DOWNRIGHT GUT-BUSTING!” - NBC ing 12 to 14 points. Lilienstein C 10 9 8 7 2 West led a spade. East won DISNEY presents Tonight at 7:30 NEWSIES BUYER & CELLAR (North) overcalled two dia- with his ace and understandably monds, indicating a major one- SOUTH shifted to a diamond, not to a "JESSIE MUELLER IS Tickets & info: NewsiesTheMusical.com Starring MICHAEL URIE “Riveting & Impassioned!” - Boston Globe EXTRAORDINARY!" — New York Times or call (866) 870-2717 The #1 Comedy of the Season! Preview Tomorrow at 7; Weds at 2:30 & 8 suiter. East called a tournament S 9 3 2 club. Now declarer gained an Tomorrow at 7 Groups (15+) 800-439-9000 Mon-Wed & Fri-Sun 7:30, Sat & Sat 2:30 John Douglas Thompson Mo-We 7:30; We 2; Fr 8; Sa2&8;Su3 director and said that he thought h Q J overtrick. He won with his ace, BEAUTIFUL SmartTix.com (212) 868-4444 SATCHMO AT THE WALDORF Nederlander Theatre (+) 208 W. 41st St. Barrow Street Theatre 27 Barrow St. this method was not permitted. d A K Q 10 9 2 drove out the heart ace and took THE CAROLE KING MUSICAL BUYERandCELLAR.com A New Play About Louis Armstrong NO MAN’S WAITING FOR By Terry Teachout The director agreed. C A 3 the rest. Tu7;We2&7;Th7;Fr8;Sa2&8;Su3 Directed by Gordon Edelstein The American Contract Bridge Plus 450 would have been a Telecharge.com / 212-239-6200 LAND GODOT Telecharge.com or 212-239-6200 Groups of 12+ 1-800-BROADWAY ext. 2 SatchmoNYC.com League divides conventions into Neither side was vulnerable. tied top, 25 match points out of 26. www.BeautifulOnBroadway.com THRU MARCH 30 ONLY! The Westside Theatre (+), 407 W. 43rd St. three categories: general, mid- The bidding: Lilienstein and Polowan lost al- Stephen Sondheim Theatre 124 W 43rd St "ABSURDLY ENJOYABLE" - NYT GODOT tomorrow at 7 TONIGHT AT 7PM chart and superchart. General West North East South most 15 match points when given IAN McKELLEN PATRICK STEWART "Funniest 100 Minutes On Stage!" - WCBS d BRIDGES BILLY CRUDUP SHULER HENSLEY FORBIDDEN BROADWAY: contains everything well known 1 N.T. 2 Pass 2 N.T. average minus. Now they came NO MAN’S LAND ALIVE AND STILL KICKING! and may be played in any event. Pass 3 d Pass 4 h third, just over nine match points Superchart methods are permit- Pass Pass Pass behind first. "MUSICAL THEATER NIRVANA!" WAITING FOR GODOT Mo7;Tu7;We2;Fr8;Sa2&8;Su3&7 — The New York Post Telecharge.com or 212.239.6200 MUST CLOSE MARCH 2ND ted only in top-ranked tourna- Two days later, with no conven- Tomorrow at 7 Directed by SEAN MATHIAS WE MEAN IT! West led the spade six. Telecharge.com or 212-239-6200 Davenport Theatre - 354 W 45th St. ments. tion problems, they won another ForbiddenBroadway.com FINAL WEEK KELLI O'HARA STEVEN PASQUALE TwoPlaysInRep.com New York Times Best of 2013 CORT THEATRE (+), 138 W. 48TH ST. Anything in the midchart list is A/B pair event. THE BRIDGES OF THE GREAT COMET also acceptable in a top event, but The moral, of course, is to MADISON COUNTY "A heaven-sent fireball." - Brantley is permissible in a sectional or re- Watch The Times. check before play if your mid- "Vibrant, thrillingly imagined." - Isherwood A New Musical Based on the Novel by Telecharge.com or 212-239-6200 gional tournament only with the NYTimes.com/Video. chart conventions are permitted. Robert James Waller LAST WEEKS - FINAL PERF. MARCH 9 Tue-Sat at 8; Wed & Sat at 2:30; Sun at 3 Book by Music & Lyrics by Tomorrow at 8! "HILARIOUS & HEARTWARMING!"- NYT TheGreatCometof1812.com Marsha Norman Jason Robert Brown WINNER BEST MUSICAL REVIVAL! HANDLE WITH CARE Kazino, 259 W. 45th St., btwn Bway & 8th Directed by Bartlett Sher 2013 TONY AWARD Tu7;We2&8;Th7;Fr8;Sa2&8;Su3 Written by JASON ODELL WILLIAMS Telecharge.com or 212-239-6200 PIPPIN Directed by KAREN CARPENTER BridgesOfMadisonCountyMusical.com Telecharge.com or 212-239-6200 Tue 7;Wed 2&8;Thu 8;Fri 8;Sat 2&8,Sun 3 Schoenfeld Theatre, 236 W. 45th St Groups (10+): 800-BROADWAY x2 Telecharge.com or Call 212-239-6200 Tue-Sat at 8, Wed & Sat at 2:30, Sun at 3 HandleWithCareThePlay.com PippinTheMusical.com The Westside Theatre, 407 W. 43rd St. Music Box Theatre (+), 239 W. 45th St. NY TIMES CRITICS' PICK! THEHAPPIESTSONG Tomorrow Night at 7 Primary Stages presents TONIGHT & Tom'w at 8 PLAYS LAST Starring BEBE NEUWIRTH thru March 9! THE TRIBUTE ARTIST CHICAGO Preview Tomorrow at 7 Written by and starring Charles Busch PREVIEWS TONIGHT & TOM'W AT 8 Limited Engagement Directed by Carl Andress The Musical ROCKY THE HAPPIEST SONG Tues-Thurs 7; Fri 8; Sat 2&8; Sun 3 The #1 Longest-Running American 212-279-4200 / primarystages.org Musical in Broadway History! Book by PLAYS LAST 59E59 Theaters, 59 E. 59th St. Telecharge.com/chicago or 212-239-6200 Thomas Meehan & Sylvester Stallone ChicagoTheMusical.com Music by Stephen Flaherty By Quiara Alegria Hudes Mon-Tue, Thu-Sat 8, Sat&Sun 2:30, Sun 7 Lyrics by Lynn Ahrens Directed by Ruben Santiago-Hudson Ambassador Theatre (+) 219 W. 49th St. Directed by Alex Timbers Tu7;We2&7;Th&Fr8;Sa2&8;Su3 Telecharge.com or 212-239-6200 2ST.com or 212-246-4422 RockyBroadway.com Second Stage Theatre, 305 W. 43rd St Groups 12+: 212-239-6262 Winter Garden Theatre (+), 50th & Bway Tonight at 7 KUNG FU The Laugh-Out-Loud Musical Comedy BEST MUSICAL TIL DIVORCE DO US PART 2006 Tony Award Winner Tomorrow at 7 WEDNESDAY AT 2 & 7:30! Mo,Tu,Th7;Fr8;Sa3&8;Su3&6:30 "ONE EMOTIONAL CRESCENDO Signature Theatre presents Telecharge.com or (212) 239-6200 AFTER ANOTHER!" —WCBS-TV Tomorrow at 7 KUNG FU Groups 8+ (212) 265-8500 DISNEY presents Premium Seats Available JERSEY BOYS By David Henry Hwang TilDivorceTheMusical.com Tu 7; We 2 & 7;Th 7; Fr 8; Sa2&8;Su3 THE LION KING Directed by Leigh Silverman DR2 Theatre, 103 E. 15th St. Telecharge.com or 212-239-6200 The Landmark Musical Event Choreography by Sonya Tayeh Group Discounts (10+): 877-536-3437 Tickets & info: LionKing.com Wed at 2 & 7:30, Thu-Fri at 7:30, JerseyBoysBroadway.com or call 866-870-2717 Satat2&8,Sunat2&7:30 August Wilson Thea(+) 245 W. 52nd St. Groups (20+): 800-439-9000 212-244-7529 signaturetheatre.org Tu7;We2&8;Th-Fr 8; Sa2&8;Su3 The Pershing Square Signature Center Minskoff Theatre(+), B'way & 45th Street 480 W. 42nd Street
WINNER! BEST MUSICAL 2013 Tony Award 2014 Grammy Award "CAUSE FOR CELEBRATION!" Tonight at 8 Opens Tonight! -Entertainment Weekly Broadway's Longest-Running Musical Mint Theater Company Presents Tomorrow at 7, Wednesday at2&8 Visit Telecharge.com or call 212-239-6200 LONDON WALL KINKY BOOTS THE PHANTOM OF By John Van Druten Telecharge.com or 212-239-6200 Directed by Davis McCallum Groups (10+): 1-800-BROADWAY THE OPERA Wed & Thurs 7, Fri & Sat 8, Sat & Sun 2 Tu&Th7;Wed&Sat2&8;Fri8;Sun3 Mon 8; Tue 7; Wed-Sat 8; Wed & Sat 2 For tickets call 866-811-4111 or visit KinkyBootsTheMusical.com Grps: 800-BROADWAY or 212-239-6262 www.MintTheater.org Al Hirschfeld Theatre (+), 302 W. 45th St. Majestic Theatre(+) 247 W.44th St. 311 W 43rd St (btwn 8th and 9th Avenues)
Watch memorable TimesTalks programs on YouTube. YOUTUBE.COM/TIMESTALKS Case 1:00-md-01379-GBD Document 41-3 Filed 06/03/14 Page 1 of 10
Exhibit C
Local Newspaper Tearsheets
Case 1:00-md-01379-GBD Document 41-3 Filed 06/03/14 Page 2 of 10
32 Saturday, March 1, 2014 DAILY NEWS NYDailyNews.com
Continued from page 30 3.15, 6.35, 9.35, 12.30.3 Days to Kill (1954) (NR) 11. (PG-13) 1.10, 4, 6.50, 9.30, 12.10. SUFFERN LAYFAYETTE THEATRE 11.40, 2.10, 4.40, 7.15, 9.45, 12.15. Pompeii (PG-13) 12.25, 2.50, 5.15, — Route 59, (845-547-2121) Frozen Non-Stop (PG-13) 1.40, 4.10, 6.45, 7.40.Pompeii 3D (PG-13) 10.20, 12.50. Sing Along (PG) 2, 4.30, 7. 9.15, 11.45.Son of God (PG-13) 12.30, About Last Night (R) 12.45, 3.10, 5.30, WEST NYACK IMAX THEATRE PALISADES CENTER — Exit 12 NY 3.45, 7, 10.15.Stalingrad: An IMAX 7.50, 10.15, 12.40.RoboCop (PG-13) . /0 $0"(& 3D Experience (R) 12.20, 3.30, 6.30, 12.40, 3.30, 6.30, 9.20, 12.The Lego Thruway, (845-358-IMAX) Gravity: 9.30, 12.30.3 Days to Kill (PG-13) 1.35, Movie in 3D (PG) 11.55, 2.25, 4.50, An IMAX 3D Experience (PG-13) 10.05, 4.20, 7.10, 9.55, 12.35.Pompeii (PG- 7.15, 9.40, 12.05.The Lego Movie (PG) 12.25, 2.45, 5.05, 7.30, 9.50, 12.15. & .((#$5& AMC LOEWS PALISADES CENTER 13) 11.55, 2.35, 5.10, 7.40.Pompeii 3D 12.30, 2.55, 5.20, 7.45, 10.10, 12.35. &-/"/- (PG-13) 10.10, 12.40.About Last Night Ride Along (PG-13) 12.10, 2.45, 5.10, — 4403 Palisades Center Drive, (R) 4.55, 7.25, 10, 12.25.RoboCop 7.35, 10.10, 12.40. (800-326-3264 #787) Anchorman (PG-13) 7, 9.50, 12.35.The Lego Movie SHOWCASE CINEMA DE LUX 2: Supersized (R) 10, 1.10, 4.20, 7.30, in 3D (PG) 11.35, 2, 4.30, 7.05, 9.35, RIDGE HILL — 29 Fitzgerald St., 10.45, 12.20.Non-Stop (PG-13) 10.05, 12.The Lego Movie (PG) 12.05, 2.30, (800-315-4000) Non-Stop (PG-13) 11, 12.40, 1.45, 3.20, 4.30, 6, 7.20, 5, 7.35, 10.05, 12.30.The Monuments 11.45, 2.15, 4.15, 4.45, 6.50, 7.20, 8.20, 9.25, 10.10, 11, 12.Shaadi Ke Side Effects (NR) 10, 3.35, 9.20.Son Men (PG-13) 11.30, 2.10, 6.55, 9.40, 9.20, 9.50, 11.50, 12.20.Son of God of God (PG-13) 11.05, 12.30, 2.10, 12.20.Ride Along (PG-13) 9.40, 12.05. (PG-13) 12, 3.15, 6.35, 9.35, 12.30.3 3.50, 5.20, 6.20, 7.10, 8.30, 10.15, The Wolf of Wall Street (R) 11.55, Days to Kill (PG-13) 1.30, 4.20, 7.10, 11.35.Son of God (PG-13) 12.30, 8.30, 3.55, 7.45, 11.30.American Hustle 10, 12.40.Pompeii (PG-13) 11.30, %% 12.15.3 Days to Kill (PG-13) 10.20, (R) 1, 4.10, 7.15, 10.15.Frozen (PG) 1.55, 4.20, 6.55.Pompeii 3D (PG-13) $ $ " # 1.20, 4.10, 7, 9.45, 12.25.Pompeii 11.30, 1.50.Philomena (PG-13) 4.45, 9.30, 12.15.About Last Night (R) (PG-13) 1.50, 7.20.Pompeii 3D (PG-13) 7.20.Tillie’s BIG Camping Adventure 12.05, 2.30, 4.55, 7.25, 10.05, 12.25. 11, 4.25, 10.05.About Last Night (R) (NR) 10. RoboCop (PG-13) 1, 3.50, 6.45, 9.25, YONKERS ALAMO DRAFTHOUSE 12.10.The Lego Movie in 3D (PG) 11.55, 11.40, 2.15, 5, 7.35, 10.20, 12.10. Endless Love (PG-13) 12.50, 11.10. CINEMA — 2548 Central Park 2.25, 4.50, 7.15, 9.45, 12.05.The Lego Movie (PG) 12.30, 2.55, 5.20, 7.45, Winter’s Tale (PG-13) 9.30.RoboCop Ave, ((914) 226-3082) Non-Stop (PG-13) 11.20, 2.10, 5.10, 8, 10.45. 10.10, 12.35.The Monuments Men (PG- (PG-13) 1.45, 4.30, 8, 10.45.Non-Stop The Lego Movie in 3D (PG) 11.30, 13) 12.55, 3.40, 6.40, 9.15, 11.55.The (PG-13) 1.45, 4.30, 8, 10.45.3 Days 2.05, 4.45, 7.25.The Lego Movie (PG) Nut Job (PG) 11.50, 2.05.Ride Along to Kill (PG-13) 12, 3.15, 6.15, 9.15.3 10.05, 12.35, 1.05, 3.10, 5.45, 6.40, (PG-13) 11.35, 2, 4.30, 7.05, 9.40, '' Days to Kill (PG-13) 12, 3.15, 6.15, 8.35, 9.35.The Monuments Men (PG- ..5 $$"/ 0 . #0/ '' 9.15.RoboCop (PG-13) 11.25, 3, 7.15, 12.Frozen (PG) 11.30, 1.50, 4.10, '' 13) 10.50, 1.35, 4.50, 7.45, 10.40. 2&.5 0 ./ '' 10.30.The Lego Movie (PG) 11, 2.25, 6.30.Philomena (PG-13) 9.10, 11.40. That Awkward Moment (R) 10, 12.20. '' 5.05, 7.45, 10.15.American Hustle (R) Tillie’s BIG Camping Adventure (NR) 10. The Nut Job (PG) 11.55, 2.20.Ride "& 0 . #0/ '' 6, 9.30.The Wind Rises (Kazetachinu) '' Along (PG-13) 10.25, 1.05, 3.40, (%. #0/ '' (PG-13) 3.25, 6.30, 9.35.The Wind 6.15, 8.45, 11.20.The Wolf of Wall 1 '' Rises (Kazetachinu) (PG-13) 12.15, ROCKLAND Street (R) 10.35, 2.25, 6.30, 10.15. 200(& ")). $0 #0/ '' 3.25, 6.30, 9.35.The Wind Rises American Hustle (R) 11.05, 2.10, '' NEW CITY BOW TIE CINEMA $0 0 . #0/ '' (Kazetachinu) (PG-13) 12.15.Pop Goes — 5.25, 8.30.Frozen (PG) 11, 1.40, '' The Culture Award & Variety Show 202 S. Main St., (845-634-5100) 4.15, 7.Philomena (PG-13) 4.35, 0 . $6./ %/#"& '' 2.40, 5. Omar (NR) 2.20, 4.45, 7.20, 9.45. 7.05.The Wind Rises (Kazetachinu) '' CROSS COUNTY MULTIPLEX Gloria (R) 11.30, 2.05, 4.40, 7.15, (PG-13) 10.30, 1.35, 4.40, 7.45, %/ & 05$ *()& (00(%+ '' CINEMAS 9.50.August: Osage County (R) 12.20, '' — 2 South Drive, (800- 10.50.12 Years a Slave (R) 9.50, 3.20. &(.#$ (( 0 ./ '' 315-4000) Non-Stop (PG-13) 11.50, 3.20, 6.40, 9.40.Tim’s Vermeer (PG-13) Gravity: An IMAX 3D Experience (PG-13) '' 2.15, 4.45, 7.15, 9.45, 12.15.Non-Stop 12.10, 2.15, 4.30, 7, 9.10.Philomena 10.05, 12.25, 2.45, 5.05, 7.30, 9.50, /$$ 0 ./ *4 3 $$ ($(./+ '' (PG-13) 12.15, 2.45, 5.15, 7.45, (PG-13) 12, 2.30, 5, 7.30, 10.The Wind '' 12.15.2014 Best Picture Showcase 12. & .(4& "0 0, '' 10.15, 12.40.Son of God (PG-13) 12, Rises (Kazetachinu) (PG-13) 11.45, 354" 0 4"0 ")! 20 "&"& / '''' 2.40, 6.30, 9.25.On the Waterfront # # % % " % " ! ! ! $&6 &6 6?**5C +-<& - 5 @&6 )66 <&-+ 6 <<) * +<2 ) 6 5 <$&6 +-<& 2 < *C < C-?5 ) #) 5&#$<62 6 <<) * +< $6 + 5 $ &+ )66 <&-+ )A6?&< )) #&+# <$< -** 5&) ) <5-+& <6 6 + + A6// 56 + *#D&+ 6 &+ 5&+# <$ -/C5&#$<6 - 5 )+ ?<$-562 $ )A6?&< )) # 6 <$< + A6// 56 + *#D&+ 6 < 5 /?)&6$&+# <$ A-5(6 A&<$ <$ ?<$-564 / 5*&66&-+ <$ + 6-) <$ * <- <$ ) <5-+& <6 6 A&<$-?< <$ ?<$-564 / 5*&66&-+2 $ ?55 +< 6 <<) * +< &6 5 @&6&-+ - /5 @&-?6 /5-/-6 6 <<) * +< <$< A6 5 $ &+ >EE!2 $ 6 <<) * +< //)& 6 <- +#)&6$ )+#?# )&< 55C A-5(6 <$< A 5 5 /5- ? -+ -** 5&) ) <5-+& <6 A&<$-?< <$ ?<$-564 / 5*&66&-+2 -5(6 *C 6<&)) )&#&) @ + & +-< 5 #&6< 5 A&<$ <$ 22 -/C5&#$< + @ + & <$ C A 5 -5&#&+))C /?)&6$ -?<6& <$ 22 B)? 5 A-5(6 -5 $&5 + A-5(6 -5 A$&$ <$ ?<$-5 #5+< ) <5-+& 5&#$<6 <- <$ -5&#&+) /?)&6$ 52 # % $# # # % !' 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LATIMES.COM/SPORTS MONDAY, FEBRUARY 24, 2014 C3
Case 1:00-md-01379-GBDDODGERS FYI Document 41-3 ANGELSFiled FYI 06/03/14 Page 3 of 10 Wright is Jepsen is a bit more trying a relaxed new angle
By Dylan Hernandez By Mike DiGiovanna
PHOENIX — In each of the last eight TEMPE, Ariz. — No one in camp is com- years, Jamey Wright reported to spring paring Kevin Jepsen to sidearm-throwing training on a minor league contract. All eight Joe Smith, but there is a noticeable differ- times, he made a major league opening-day ence in the delivery of the Angels reliever, roster. who has gone from a straight over-the-top Now, at 39, Wright has broken the cycle. motion to a three-quarter-arm slot. The right-handed reliever has a guaranteed “This off-season I thought, ‘As a kid, you contract with the Dodgers. pick up a rock and throw it, you’re going to “Christmas miracle,” Wright said. “Sup- throw your natural way,’ and my natural way ply and demand, I guess.” is down here,” Jepsen said, mimicking his The last time Wright was in camp with the new motion. Dodgers, in 2012, he had no guarantees he “Since I had shoulder surgery in 2004, I’ve would make the team. He faced the possibil- been trying to find something that didn’t Morry Gash Associated Press ity of having to decide whether to pitch in the hurt. I was always fighting my mechanics, ANGELS RELIEVER Kevin Jepsen is minor leagues or re-enter the free-agent trying different things. This feels right.” changing his throwing motion to a market. Jepsen, who was 1-3 with a 4.50 earned- three-quarter-arm slot. The absence of that uncertainty made for run average in 45 games last season, has re- a more pleasant off-season. Wright, who had tained the velocity of his 96-mph fastball but most-valuable-player voting the last two 3.06 earned-run average in 66 appearances Jared Wickerham Getty Images said that “maybe I’ll throw it where I want to seasons and is still four years away from free with the Tampa Bay Rays last year, landed a DODGERS RELIEVER Jamey Wright and keep the ball down.” agency. It would secure him financially for one-year, $1.8-million deal with the Dodgers. is in camp with a guaranteed contract Instead of relying on a cut-fastball that life and allow him to become a free agent in The security made Wright feel as if he was for the first time in several years. too often broke side to side instead of down, his prime at 28.
SPORTS/C003/LA a better father to his three children. Unlike Jepsen will feature a curveball and changeup But it would not make as much sense for previous off-seasons, his mind wouldn’t wan- home run against Hyun-Jin Ryu. Juan as secondary pitches. the Angels, who are believed to be pushing der as much when he was in their company. Uribe followed with a double, which set up a “My curve is filthy right now, and I started for a deal of seven years or more. Any exten- “That stress wasn’t there,” he said. two-run home run by Ramirez. throwing a changeup, so watch out for that,” sion would likely include a huge signing bo- When Wright wasn’t spending time with Ryu pitched two innings. As he walked off Jepsen said. “I feel very confident with where nus and begin in 2015, but it would not be an- his children, he was often throwing with the field, Uribe playfully said out to him, “I’m I’m at. I think the changeup will be huge, es- nounced until after the start of the regular Clayton Kershaw, who also makes his off- sorry. I still love you.” Ryu smiled. pecially against left-handers.” season. season home in the Dallas area. Jepsen has held right-handers to a .249 That would allow the Angels, who are “We live less than a mile apart,” Wright Stir Down Under average, .312 on-base percentage and .319 bumping up against the $189-million luxury- said. Organizers of the season-opening series slugging percentage in five seasons, but left- tax threshold, to push Trout’s contract for Wright has pitched for 10 teams over 18 in Australia between the Dodgers and Arizo- handers have a .298/.376/.410 slash line luxury-tax purposes to 2015. major league seasons, with one of the ben- na Diamondbacks are upset with Zack against him. Trout had a .326/.399/.564 slash line with
or in any way exploit repurpose content. efits being that he has played with several of Greinke, according to the Sydney Morning “He definitely looks different, you can 30 home runs, 83 runs batted in,129 runs and the relievers with whom he will share the Herald. tell,” catcher Chris Iannetta said. “He’s been 49 stolen bases in 2012. He had a .323/.432/.557 bullpen. Wright pitched with Brian Wilson “I would say there’s absolutely zero ex- very consistent with his delivery. He’s had a slash line with 27 home runs, 97 RBIs, 109 in San Francisco, Brandon League in Seat- citement for it,” Greinke told ESPN. hard time in the past throwing his curve for runs and 33 stolen bases in 2013. tle and Chris Perez in Cleveland. Greinke isn’t alone. Other Dodgers have strikes, but it looks like he can command it a said privately they would prefer not to start lot better.” Short hops First intrasquad game their season overseas. An Angels contingent led by Manager In a four-inning intrasquad game Sun- Trout contract in the works? Mike Scioscia and Dipoto will join several Client Name: Advertiser: Section/Page/Zone: Description: day, Yasiel Puig looked a lot like the player he Looking ahead Neither General Manager Jerry Dipoto Cactus League teams Monday in Scottsdale, was last season. The Dodgers have four players in Base- nor agent Craig Landis would comment on a Ariz., for a meeting with Major League Base- Puig stretched a first-inning single ball America’s list of top 100 prospects: out- Yahoo Sports report that the Angels and ball officials regarding new instant-replay against Matt Magill into a double. Later in fielder Joc Pederson (No. 34), shortstop Co- Mike Trout are discussing a six-year con- procedures. … Left-handed reliever Sean
derivative works, the inning, he scored from second base when rey Seager (No. 37), left-hander Julio Urias tract extension that would pay the star cen- Burnett, who underwent surgery for an el- Hanley Ramirez made an error on a ground- (No. 51) and right-hander Zach Lee (No. 95). ter fielder about $150 million. bow tear last August, has stretched his long- er by Scott Van Slyke. Pederson and Lee are in the Dodgers’ ma- Trout found the speculation amusing. toss program to 120 feet and hopes to begin Puig’s Team Koufax lost, 3-1, as Dee Gor- jor league camp. Urias, 17, is the youngest “I have no comment, but I like how a lot of throwing off a mound the first week of don and Ramirez hit home runs for Team player on the list. people are writing it,” Trout, 22, said. “It’s March. Wills. pretty funny.” Gordon, who said he gained 13 pounds [email protected] Such a deal would make sense for Trout, [email protected] over the off-season, led off the game with a Twitter: @dylanohernandez who finished second in American League Twitter: @MikeDiGiovanna
DAYTONA 500 NOTES It’s not in the cards for Stewart in his return race
team, Stewart-Haas Racing, behind pole-sitter Austin Johnson. Trouble is, a lot of By Jim Peltz and another of his drivers, Dillon. fans didn’t realize they were Danica Patrick, finished But a crash in another watching a year-old race. DAYTONA BEACH, Fla. 40th after being collected qualifying race forced Truex Twitter was filled with — Tony Stewart’s attempt in a multi-car crash on Lap to drive a backup car Sun- people commenting about to win his first Daytona 500 14 6. day and, under NASCAR last year’s race, and John- fell short Sunday as the “I felt like everything was rules, that meant he had to son’s victory, as though it three-time NASCAR cham- going pretty well, so it’s just start at the back. had just happened. pion drove his first race upsetting,” Patrick said. “It Then, on Lap 31, the en- Johnson himself later since suffering a broken was unfortunate that I was gine blew up on Truex’s No. tweeted: “I hear I won the right leg last August. on the short end of the acci- 78 Chevrolet because of a #Daytona500? Haha! I also After starting 21st, Stew- dent.” broken oil-pump belt. have friends confused and art’s No. 14 Chevrolet devel- “It’s definitely a tough texting congratulations to Truex’s short day
Ad Number: Insertion Number: Size: Color Type: oped a mechanical problem break for the team,” Truex me.” near the halfway point of the What started as a prom- said. “The car was super fast Fellow driver Clint Bow- race that forced him to the ising Daytona 500 for Martin today.” yer, tongue clearly in his garage. Truex Jr. ended badly with a cheek, also sent out this He returned after repairs plume of smoke. Replay confusion tweet: “Congrats to @Jim- but finished 35th and more Truex, the new driver for mieJohnson.” During Sunday’s rain de- than 20 laps behind the lead- the one-car team Furniture John Raoux Associated Press lay, Fox re-aired the 2013 ers. Row Racing, posted the sec- [email protected] Daytona 500 won by Jimmie SMOKE BILLOWS as the engine blows in Martin Stewart also co-owns his ond-fastest qualifying speed Twitter: @PeltzLATimes Truex Jr.’s car, which he said had been “super fast.”
Earnhardt drives to victory Legal Notice U.S. District Court for the Southern District of New York [Daytona, from C1] other major accidents earli- Literary Works in Electronic Databases Copyright Litigation 500 a decade ago. But this er in the race. victory carried more weight With 54 laps left, a dozen To: Freelance authors of English language literary works by giving the Hendrick Mo- cars were damaged as the This is a summary notice of a revised class action settlement. Please read this notice. It may affect your torsports driver an early field came out of Turn 4 of legal rights. boost in his effort to earn his the high-banked, 2.5-mile What is this proposed settlement about? first Cup title. speedway. Under new NASCAR The drivers involved in- A settlement has been reached in a class action lawsuit alleging that commercial electronic databases and rules that place a greater cluded pole-sitter Austin newspapers and magazines infringed the copyrights of freelance authors. The lawsuit alleges that newspapers and magazines, after publishing the works with the authors’ permission, then sold them to the electronic databases emphasis on winning races Dillon, Danica Patrick, Mi- without the authors’ permission. The current settlement is a revision of a previous proposed settlement that was than collecting points, his chael Waltrip, Aric Almirola reached in 2005. win virtually ensured that and David Gilliland, among The settlement applies to English language literary works that were reproduced on a commercial electronic Earnhardt would earn a others. database without the authors’ permission. Works may still be eligible even if not registered with the U.S. Copyright berth in the 16-driver Chase There was another pileup Office, and even if they were originally published outside the U.S. Excluded are works for hire and works forwhich for the Cup championship 16 laps later when Dillon, the author granted electronic rights to the original publisher. playoff in the fall. who had returned to the Freelance authors were notified of the previous settlement, and the deadline for submitting compensation “We pretty much might race, touched the Chevrolet claims under that settlement was September 30, 2005. Additional details about eligible works and your options be in the Chase,” said Earn- of Kyle Larson, a wreck that are contained in the full Notice of Revised Class Action Settlement, available at www.copyrightclassaction.com. hardt, 39, who has 20 Cup also collected Kasey Kahne, victories. “Trust me, we’re Chuck Burton Associated Press Brian Vickers and Marcos WhatdoIneedtodo? going to have a blast this PUTTING AN end to a Ambrose. Class members have three options: (i) do nothing; (ii) exclude yourself from the settlement; (iii) object to the year.” long winless streak, Dale Dillon, 23, finished ninth settlement. Hamlin finished second, Earnhardt Jr. celebrates driving a Chevy for his To remain a class member, you do not need to do anything. To be eligible for a settlement payment, you must Keselowski was third and Daytona 500 victory. grandfather’s team, Richard have already submitted a timely, valid claim under the previous settlement in 2005. If you did so, then you two of Earnhardt’s team- Childress Racing, that car- need to do nothing further to participate in the settlement. (You will eventually hear from the Claims Administrator mates, Jeff Gordon and Jim- two-by-two pack at nearly ried the No. 3 made famous about the validity of your claim.) mie Johnson, finished fourth 200 mph and with the first 24 by Earnhardt’s father, a sev- You may still exclude yourself from the settlement.You must (1) mail a written request for exclusion, postmarked and fifth, respectively. John- drivers separated by only en-time Cup champion. by May 9, 2014, Electronic Databases Copyright Litigation, EXCLUSION REQUEST, c/o GCG, PO Box 10033, son, the reigning Cup cham- one second. The elder Earnhardt won Dublin, OH 43017-6633, or (2) submit an exclusion request online at www.copyrightclassaction.com by that date. pion, also was the defending But Earnhardt’s No. 88 his only Daytona 500 in 1998 To object to the settlement, you must file a written objection by May 9, 2014. race winner. Chevrolet was strong and was killed three years Further information on each option is available at www.copyrightclassaction.com. It was Earnhardt’s first throughout the race which, later in a crash on the last lap Cup win since mid-2012, combined with Earnhardt’s of the Daytona 500. Final Fairness Hearing when he won at Michigan, a skill at blocking drivers be- Earnhardt’s win Sunday A hearing on the proposed settlement will be held June 10, 2014 at 10:00 a.m. by U.S. District Judge George B. 55-race streak without a vic- hind him, enabled him to also put to rest concerns Daniels, U.S. District Court, 500 Pearl Street, New York, NY 10007, to determine whether the settlement should tory. He had finished second lead a race-high 54 of the 200 about his season that were be approved. Class members or their counsel may appear in Court. in three of the previous four laps. raised when his crew chief, I have new contact information, whom should I contact? Daytona 500s. As Earnhardt and the Steve Letarte, announced Earnhardt “was due and other leaders took the plans to be a NASCAR tele- If you have changed your mailing or e-mail address since the original settlement in 2005, you should notify the Claims Administrator, whose contact information is in the full Notice of Revised Class Action Settlement. today was his day,” Keselow- checkered flag, a multi-car vision analyst after this year. If the Claims Administrator does not have your correct contact information, you may not receive your settlement ski said. “I am happy for crash occurred behind them Letarte “put an amazing payment (assuming you already submitted a valid claim in 2005) or notice of important developments in this him.” that collected Kevin Har- team around me,” Earn- class action.
Publication Date: 02/24/2014 This electronic tearsheet confirms the ad appeared in Los Angeles Times on date and page indicated. You may not create After the green flag fell at vick, Kyle Busch, Carl Ed- hardt said. “I got one last Please do not contact the Court. 1:30 p.m., the race was only wards and Jamie McMurray. year with this guy and we’re 38 laps old when the rain ar- The final restart also was going to make it something Dated: January 22, 2014 rived. set up by a crash with seven special.” By Order of the Court After the lengthy delay, laps left that included Ryan The Honorable George B. Daniels the race resumed with the Newman and Terry La- [email protected] entire field often racing in a bonte, and there were two Twitter: @PeltzLATimes www.copyrightclassaction.com Case 1:00-md-01379-GBD Document 41-3 Filed 06/03/14 Page 4 of 10 Case 1:00-md-01379-GBD Document 41-3 Filed 06/03/14 Page 5 of 10
4B Wednesday, February 26, 2014 dallasnews.com The Dallas Morning News Legal Notice REGION U.S. District Court for the Southern District of New York Literary Works in Electronic Architect left his mark on DART Databases Copyright Litigation ome people get lost in the College District associate vice way 67, where a barrel vault To: Freelance authors of shuffle of history. But two chancellor of facilities manage- canopy features a steel truss English language literary works Dallas men are stumping ment and planning. He also support resembling a wheel. S This is a summary notice of a revised class action settlement. Please read during Black History Month to co-founded a group of minority Glass windscreens also protect this notice. It may affect your legal rights. highlight a Dallas-born archi- architects in Texas. While at waiting passengers from the tect who they say should be NORMA DART, Porter said, he hired a elements. What is this proposed settlement about? remembered for leaving his ADAMS-WADE team of African-American and “This was the catalyst. … His A settlement has been reached in a class action lawsuit alleging that mark on the Norma_Adams_Wade@ Latino designers —featuring influence heightened the status commercial electronic databases and newspapers and magazines infringed yahoo.com the copyrights of freelance authors. The lawsuit alleges that newspapers and network of Jackson and his firm as archi- of minority architects,” Porter magazines, after publishing the works with the authors’ permission, then DART transit Learning Center, A. Maceo tect-of-record —to develop said of Jackson. sold them to the electronic databases without the authors’ permission. The centers. Smith High School, the Dallas concepts for the transit centers. At home, Jackson and his current settlement is a revision of a previous proposed settlement that was The late Black Chamber of Commerce Earlier this year, Porter told wife, the late entrepreneur Mar- reached in 2005. Stanley Willie and Bank One banking centers; Barnett, who founded the Afri- garet Jackson-Jackson,also The settlement applies to English language literary works that were Jackson Jr., and in Houston, the Texas can-American Historic Preser- left strong influences on their five reproduced on a commercial electronic database without the authors’ permission. Works may still be eligible even if not registered with the U.S. son of an early Southern University Library. vation League, about Jackson’s daughters. The siblingsall have STANLEY Copyright Office, and even if they were originally published outside the Dallas contrac- Jackson died in 2003 at age contributions and showed him careers and jointly own and U.S. Excluded are works for hire and works for which the author granted JACKSON tor, was a grad- 59. Jackson’s materials. The two operate MJ’s Beauty and Barber electronic rights to the original publisher. JR. uate of Madi- Fellow architect Clyde Por- men decided to show the designs Academies, which their parents Freelance authors were notified of the previous settlement, and the son High terand a historical preserva- and spotlight Jackson’s efforts founded and their father de- deadline for submitting compensation claims under that settlement School in Dallas and the Uni- tionist, the Rev. Ray Barnett, during Black History Month. signed. Margaret Jackson- was September 30, 2005. Additional details about eligible works and your options are contained in the full Notice of Revised Class Action Settlement, versity of Texas, where he have been lining up groups to “Very few people know that a Jacksondied in 2012 at age 66. available at www.copyrightclassaction.com. earned an architecture degree hear their discussion about black man designed the concept “Our dad was very passionate before he returned to Dallas to Jackson, which they feel will for the transit centers,” said about his work,” said Taura What do I need to do? ply his trade. bring him more recognition. The Barnett. Jackson Davis, an accountant. Class members have three options: (i) do nothing; (ii) exclude yourself Through his firm, SWJ men say Jackson’s 1980s sche- DART spokesman Mark “We are all a great blend of from the settlement; (iii) object to the settlement. Architects Inc., Jackson de- matics and prototypes led to the Ballsaid Porter and Jackson our parents, who were definitely To remain a class member, you do not need to do anything. To be eligible signed and constructed a num- first 10 Dallas Area Rapid Transit were involved during the early ateam,” said eldest daughter for a settlement payment, you must have already submitted a timely, valid claim under the previous settlement in 2005. If you did so, then ber of buildings including public centers and influenced the more years after voters approved April Jackson Holt, an en- you need to do nothing further to participate in the settlement. (You will schools, commercial offices, than 30 centers that followed. regional transportation in 1983. trepreneur. “We feel their influ- eventually hear from the Claims Administrator about the validity of your churches, banks, libraries and Porter was DART’s chief Porter said the first station to ence every day.” claim.) mortuaries in Texas and Colora- architect from 1985 to 1988 and implement Jackson’s design was To learn more about the You may still exclude yourself from the settlement. You must (1) mail do. In Dallas, these structures now oversees architecture as the Red Bird Transit Center at efforts to recognize Jackson, call a written request for exclusion, postmarked by May 9, 2014, Electronic include Daniel “Chappie” James Dallas County Community Hampton Road and U.S. High- 214-710-4184. Databases Copyright Litigation, EXCLUSION REQUEST, c/o GCG, PO Box 10033, Dublin, OH 43017-6633, or (2) submit an exclusion request online at www.copyrightclassaction.com by that date. To object to the settlement, you must file a written objection by ELECTIONS DEPARTMENT May 9, 2014. Further information on each option is available at www.copyrightclassaction.com. Mail error triggers voter card review Final Fairness Hearing A hearing on the proposed settlement will be held June 10, 2014 at 10:00 a.m. by U.S. District Judge George B. Daniels, U.S. District Court, Actions of rogue worker issue.” 500 Pearl Street, New York, NY 10007, to determine whether the settlement spur county to conduct IN THE KNOW Verifying address And elections officials sorted should be approved. Class members or their counsel may appear in Court. broader examination out any complications for the I have new contact information, whom should I contact? When a voter registration card comes back to the elections voters in question. By TOM BENNING department, that voter’s status is considered “suspended.” But If you have changed your mailing or e-mail address since the original But now Pippins-Poole wants settlement in 2005, you should notify the Claims Administrator, whose Staff Writer those who failed to get a certificate as a result of a mistake can still [email protected] to look over the rest of the re- contact information is in the full Notice of Revised Class Action Settlement. vote. They must verify their address at the polls, by showing, for turned 90,000 voter registration If the Claims Administrator does not have your correct contact information, instance, their Texas driver’s license. Dallas County residents who An error at the U.S. Postal certificates to make certain that you may not receive your settlement payment (assuming you already didn’t get a new voter registration card in December and who submitted a valid claim in 2005) or notice of important developments in Service is causing Dallas County haven’t moved can call the county elections department at the problem isn’t widespread. this class action. elections officials to scour She said she plans to hire tempo- 214-819-6300. Please do not contact the Court. 90,000 voter registration cards rary staff over the coming weeks that were not delivered and certificates as “Return to Sender,” The U.S. Postal Service apolo- to double-check that bunch. Dated: January 22, 2014 could have been mislabeled “Re- even though those voters had not gized for the worker’s actions, “We want to take a more pro- By Order of the Court turn to Sender.” moved. saying in a statement that it active approach,” she said. The Honorable George B. Daniels New voter registration cards The postal employee has would work with the county elec- were mailed in December to the since been fired, officials said. tions department to “resolve the Follow Tom Benning on Twitter www.copyrightclassaction.com county’s 1.2 million registered at @tombenning. voters. About 90,000 were un- deliverable, typically signifying that the addressee has moved. That number of return to sender notices was within the normal 10 percent return rate on HAPPY NEW KITCHEN such mailings, elections officials Get a head start on the New Year said. But Toni Pippins-Poole, the with a kitchen makeover today. county’s elections administrator, told county commissioners on Tuesday that a voter complaint caused her department to real- ize that voter certificates ad- dressed to nearly 400 voters in Irving were improperly labeled as bounce-backs. The reason? A rogue postal employee decided not to deliver the certificates and other mail to those voters, officials said. The employee simply stamped the
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B4 02-26-2014 Set: 21:42:02 Sent by: [email protected] News CYANMAGENTAYELLOWBLACK CaseC8 1:00-md-01379-GBDBAY AREA NEWS GROUP 111 2 Document 41-3 Filed 06/03/14THURSDAY, Page MARCH 13,6 2014 of 10 HIGH SCHOOLS NorCal results (19-9) 30 River-Grass Valley (23-5) 43 (OT) Division I WP — Bigge. LP — Hessen-Schmidt Palo Alto 5, Sacred Heart Prep 2 Menlo-Atherton 11, Saratoga 11 Salesian 79, No. 15 Gridley (16-13) 51 (CG). SV — Olivet. Top player — Acker- Division V Saturdays second round At Palo Alto Menlo-Atherton ...... 6 511 Division V man (LG) 3B, RBI. Records — Los Gatos No. 1 singles — B. Smith (PA) d. Saratoga ...... 6 511 Boys basketball Wednesdays first round (All games at 6 p.m.) 6-1, 1-0; Gunn 1-6, 0-1. Wednesdays first round Kirkpatric 7-6, 4-6, 12-10. No. 1 dou- M-A — Wiseman 4, Carlson 2, Easton Division I St. Francis CCC-Watsonville 27, No. 9 No 9 Santa Rosa (28-4) at No. 1 Deer Val- bles — Paladin-Mahadevan (PA) d. Sar- 2, Regonini, Roellig, Tully. Pinewood 71, San Domenico-San Anselmo (23-4) 19 ley (23-5) Non-league wal-Evans 6-2, 6-3. S — Norris 3, Shah 3, Crova 2, Werner Wednesdays first round Forest Lake Christian 41 St. Vincent de Paul-Petaluma 46, No. 12 No. 5 McClatchy-Sacramento (26-4) at James Lick 5, Del Mar 3 Record — Palo Alto 6-2. 2, Kumar. Bellarmine 51, Pinewood ...... 17 15 18 2171 Ripon Christian (22-5) 33 No. 4 Berkeley (22-8) Records — Menlo-Atherton 3-3-1; Fremont-Oakland 48 Forest Lake ...... 6 9 14 1241 International-San Francisco 72, No. 14 No. 11 Pleasant Grove-Elk Grove (22-9) Del Mar ...... 210 000 03 3 3 Saratoga 3-0-1. Fremont...... 10 8 8 2248 Pinewood (24-4) — Naumann 9-3- Weed (23-7) 53 at No. 3 Wilcox (23-5) James Lick ...... 020 210 x5 5 3 Boys volleyball At St. Francis Bellarmine...... 15 12 10 1451 21, Lucero 5-3-16, Riches 4-1-11, Brice Capital Christian-Sacramento 77, No. 11 No. 7 Monte Vista-Danville (25-4) at No. 2 WP — Finerez (2-0). LP — Carter (0- San Ramon Valley 14, St. Francis 9 Fremont-Oakland (13-14) 2-4-9, Bal 3-0-6, Murphy 2-0-4, Fields 1- Pacific Collegiate-Santa Cruz (18-8) 36 Oak Ridge-El Dorado Hills (26-5) 2). Top players — Couch (DM) hit, RBI; A. West Catholic — Chandler 1-2-4, Wheat 7-2-19, Gaines 0-2, Bodine 0-1-1, Stevens 0-1-1. Totals Valley Christian-Dublin 54, No. 10 Dur- Division II Fernandez (JL) hit, 2 RBIs. Records — Del At Bellarmine ham (23-5) 47 Mar 1-2; James Lick 3-1, 2-1. Tuesdays results 2-1-5, Mixon 4-0-8, McGowan 5-0-10, Za- 26-13-71. Saturdays second round Bellarmine d. Archbishop Mitty 25-9, reef 1-0-2. Totals 20-5-48. Forest Lake Christian-Auburn Archbishop Mitty 6, Logan 2 (All games at 6 p.m.) 25-16, 25-13. Record — Archbishop Baseball Bellarmine (13-16) — Changras (25-5) — Jordan 5-2-15, Griffi ths 2-0-5, NorCal schedules Mitty ...... 001 012 26 9 1 Mitty 0-4; Bellarmine 7-2, 3-0. 1-0-2, Le 3-0-8, Swain 1-0-3, Tarpening Augustine 2-1-5, Dethlefs 2-0-4, Yarbor- No. 8 Dublin (19-10) at No. 1 Archbishop Logan ...... 000 200 02 5 2 Blossom Valley 3-0-8, Owens 1-0-3, Athens 1-0-3, Under- ough 1-2-4, Young 1-1-3, Makovey 0-2- Mitty (17-11) WP — Romero (2-1). LP — Maldonado Santa Clara Valley Boys basketball No. 5 Lynbrook (20-8) at No. 4 Clayton wood 2-0-4, Nazarov 8-0-16, De La Serna 2, K. Soria 1-0-2, Barrozo 0-1-1. Totals (0-2). Top players — Rasmussen (AM) 2B, De Anza Division West Valley Division 2-0-4. Totals 22-0-51. 14-9-41. Open Division Valley-Concord (23-7) 3B, 3 RBIs; Salonga (L) 2B, RBI. Records Three-point goals — Wheat 3; Le Three-point goals — Lucero 3, No. 6 Del Oro-Loomis (22-9) at No. 3 Pre- — Archbishop Mitty 4-1; Logan 0-4. Andrew Hill 13, San Jose 2 Fridays games At The Kings Academy 2, Swain, Tarpening 2, Owens, Athens. Riches 2, Brice; Jordan 3, Griffiths. sentation (16-12) Evergreen Valley 4, Menlo 3 Andrew Hill.. 112 600 313 10 1 No. 7 Chico (10-13) at No. 2 McNair- Lynbrook d. The King’s Academy 25- Wednesdays results Wednesdays results No. 5 Modesto Christian (23-8) at No. 4 Menlo ...... 000 120 03 7 0 San Jose ...... 001 001 02 7 5 Newark Memorial (23-7), 7 p.m. Stockton (26-4) 21, 25-17, 25-22. Kill leader — Khan McClymonds 56, No. 12 Merced (24-7) University-S.F. 58, No. 9 Woodside Priory Evergreen ...... 000 202 x4 6 0 WP — Delgado. LP — Felan (0-3). Top No. 6 El Cerrito (28-4) at No. 3 Archbish- (L) 16; Palumbo (TKA) 27. Records 45 (16-11) 55 Division III WP — Palacios. LP — Davis. Top play- players — Jimenez (AH) 3 hits, 2B; Qui- op Mitty (26-4), 7 p.m. — Lynbrook 4-0, 1-0; The King’s Acad- San Ramon Valley 56, No. 13 Kennedy- Stuart Hall-S.F. 55 No. 11 Mt. Shasta ers — Dieksoeyer (M) 3B, RBI; B. Wong nonez (SJ) 3 hits, 2B. Records — Andrew First-round byes — No. 1 Bishop Saturdays second round emy 3-3, 0-3. Sacramento (21-10) 55 (24-4) 45 (EV) 2 hits, RBI, 2 runs. Records — Menlo Hill 1-3, 1-2; San Jose 0-5, 0-3. O’Dowd (26-4), No. 2 Capital Christian- (All games at 6 p.m.) Rodriguez-Fairfield 53, No. 11 Menlo- 4-2; Evergreen Valley 5-2. Non-league Sacramento (27-3) No. 8 Patterson (26-5) at No. 1 Enter- Non-league Atherton (18-10) 45 Aragon 4, Burlingame 2 (8) At Homestead prise-Redding (26-2) Lincoln-San Francisco 54, No. 7 De La Girls basketball St. Francis 2, De La Salle 0 No. 5 Valley Christian (15-13) at No. 4 Aragon ...... 000 002 024 5 6 Homestead d. Aptos 25-21, 25-20, 25- Salle (21-9) 47 Division I Burlingame .....000 101 002 2 3 16. Kill leader — Kitchen (H) 18. Re- De La Salle ...... 000 000 00 5 0 Division I Florin-Sacramento (21-10) St. Francis ...... 020 000 x2 3 1 Division II Saturdays second round No. 6 Vanden-Fairfi eld (24-6) at No. 3 WP — Chang (CG). LP — Waldsmith cord — Homestead 6-0. Wednesdays first round (0-1). Top players — Carey (A) 2 hits, 2 WP — Deason (2-0). LP — Ross. SV (All games at 6 p.m.) Encinal-Alameda (21-7) Wednesdays first round RBIs, 2 SB; Kennedy (B) hit, run. Records — McMullen (1). Top player — Martinez Wilcox 57, Galileo 41 No. 9 Bellarmine (13-16) at No. 1 Monte No. 10 Soquel (19-9) at No. 2 Modesto Leigh 73, Las Lomas 65 — Aragon 5-1; Burlingame 1-3. (SF) 2 hits, 3B, 2 RBIs. Records — De La Galileo...... 4 14 10 1341 Vista-Danville (28-1) Christian (23-8) Boys golf At Sequoia Salle 1-1; St. Francis 4-0. Las Lomas...... 13 15 12 2565 Wilcox...... 15 16 10 1657 No. 5 McClymonds (20-8) vs. No. 4 San Division IV Sequoia 6, Menlo-Atherton 1 West Catholic Leigh ...... 13 15 27 1873 Galileo (19-9) — Yuen 1-0-3, Fung 2- Ramon Valley (24-5) At San Jose Las Lomas (18-11) — King 2-0-4, 3-9, Lim 4-1-10, Wong 5-0-13, Gunn 2-2-6. No. 6 Rodriguez-Fairfi eld (27-3) at No. 3 Saturdays second round St. Ignatius 193, Lynbrook 12, San Jose 6 Softball Henry 3-2-10, Wood 9-1-20, Ining 3-0-6, Totals 14-6-41. Freedom-Oakley (24-6) (All games at 6 p.m.) Valley Christian 198 Nerland 3-13-19, Davison 1-0-2, Tehrani Wilcox (23-5) — Brown 2-2-7, King No. 10 Lincoln-San Francisco (25-8) at No. 9 Cardinal Newman-Santa Rosa (24- At Silver Creek (par 34) Non-league 1-0-2, Schoenberg 1-0-2. Totals 23-16- 5-2-12, M. Ratliff 2-4-8, S. Ratliff 2-0-4, No. 2 Jesuit-Carmichael (28-3) 7) at No. 1 Scotts Valley (24-5) Softball Medalists — Kyle Morris (VC) 36; Pioneer 2, Carlmont 1 65. Fatuesi 11-2-24, Schermeister 1-0-2. To- Division II No. 5 Justin-Siena-Napa (26-6) at No. 4 Mark Vogel (SI) 36. Records — St. Ig- Leigh (24-4) — Giacchetti 6-3-17, tals 23-10-57. West Campus-Sacramento (21-7) Non-league natius 3-2; Valley Christian 1-4. Carlmont ...... 000 010 01 2 1 Miller 5-2-13, Williams 5-8-18, Morrison Three-point goals — Yuen, Fung 2, Saturdays second round No. 6 Piedmont (19-9) at No. 3 Bradshaw Pioneer ...... 000 101 x2 3 0 Silver Creek 17, Harker 2 (5) Blossom Valley 5-2-16, Verner 1-1-4, Peterson 1-3-5. To- Lim, Wong 3; Brown. (All games at 6 p.m.) Christian-Sacramento (20-6) WP — Azevedo (12 Ks). LP — Faulkner tals 23-19-73. Wednesdays results No. 8 St. Ignatius (23-6) at No. 1 Folsom No. 10 West Valley-Cottonwood (18-13) Silver Creek ...... 443 2417 12 0 Mount Hamilton Division (3-1, 7 Ks). Top players — Ching (C) 2B; Three-point goals — Henry 2, Drake (P) 3B. Records — Carlmont 5-1, Santa Rosa 67, No. 8 North Salinas (25- (29-2) at No. 2 Arcata-Eureka (24-4) Harker ...... 200 00 2 4 2 Wood; Giacchetti 2, Miller, Morrison 4, Pioneer 1-2. 3) 44 No. 5 Montgomery-Santa Rosa (26-6) at Division V WP — Nowack (3-0). LP — Bean (0-2). Evergreen Valley 186, Verner. No. 4 Serra (21-8) Top players — Contreras (SC) 3 hits, 2B, Willow Glen 212 Notre Dame-Belmont 10, Wednesdays results McClatchy-Sacramento 47, No. 12 Gunn Terra Nova 3 (10-9) 23 No. 6 Leigh (24-4) at No. 3 Cosumnes Wednesdays first round 4 RBIs; Wakita (H) 2 hits, run. Records At The Villages (par 36) St. Ignatius 69, No. 9 Washington-Fre- Berkeley 64, No. 13 Skyline-Oakland Oaks-Elk Grove (14-17) Eastside Prep 73, No. 13 Central Catho- — Silver Creek 3-0; Harker 0-2. Medalist — Justin Suh (EV) 34. Re- Notre Dame..... 030 000 710 9 2 mont (16-14) 60 (21-9) 40 No. 7 Grant-Sacramento (26-6) at No. 2 lic-Modesto (17-11) 13 Homestead 9, Cupertino 0 cords — Willow Glen 2-1; Evergreen Terra Nova ...... 102 000 0 3 4 5 Montgomery-Santa Rosa 53, No. 12 Del Pleasant Grove-Elk Grove 45, No. 6 Mc- Concord (22-8) No. 8 St. Francis CCC-Watsonville (22-7) Cupertino ...... 000 000 00 9 10 Valley 5-0. WP — Magnani. LP — Spencer. Top Oro-Loomis (28-3) 51 Clymonds (16-13) 43 Division III at No. 1 Brookside Christian-Stockton Homestead ....003 321 x9 9 0 Santa Teresa Division player — O. Vierra (NDB) 2B, 3 RBIs. Re- Grant-Sacramento 65, No. 10 Chico (17- Monte Vista-Danville 50, No. 10 Lowell- (26-4) WP — Piazza (1-0). LP — Ramirez cord — Notre Dame-Belmont 2-3. 11) 46 San Francisco (22-6) 43 Saturdays second round No. 5 St. Vincent de Paul-Petaluma (26- (1-3). Top players — Vigent (C) 3 hits; Branham 224, Westmont 246 Half Moon Bay 9, Gunn 1 Division III Division II (All games at 6 p.m.) 7) at No. 4 Eastside Prep (19-10) Yakir (H) 2B. Records — Cupertino 2-5; At Santa Teresa (par 35) Gunn ...... 000 001 01 7 7 No. 9 St. Francis Drake (23-7) at No. 1 No. 6 Capital Christian-Sacramento (25- Homestead 2-3. Half Moon Bay .. 401 202 09 6 1 Wednesdays first round Medalist — Stryker Moore 40. Re- Wednesdays first round Sacred Heart Cathedral (19-11) 5) at No. 3 International-San Francisco Presentation 11, Saratoga 0 (5) cord — Branham 4-2. WP — Vaughan. LP —Tannenwald. Vanden 88, Aragon 85 Dublin 58, No. 9 Bethel-Vallejo (17-10) No. 12 Miramonte (17-12) at No. 4 Burl- (19-10) Saratoga ...... 000 00 0 1 9 Pioneer 198, Live Oak 248 Record — Half Moon Bay 1-5. 48 ingame (26-4) No. 7 Valley Christian-Dublin (27-4) at Saratoga 9, Aptos 1 Vanden ...... 22 16 20 3088 Presentation ...... 214 4x11 8 1 At Spring Valley (par 34) Del Oro-Loomis 67, No. 11 Windsor (20- No. 11 Christian Brothers-Sacramento No. 2 Pinewood (26-3) Aragon ...... 27 14 20 2485 WP — Ukanwa (5-0). LP — Spirakis. Medalist — Tom Hutchison (P) 37. Aptos ...... 100 000 01 4 1 Vanden (20-11) — Fisher 2-0-4, 10) 29 (21-10) at No. 3 Archbishop Riordan Wednesdays results Top player — Mandracchia (P) 2 hits, 2B, Saratoga ...... 150 120 09 13 3 (19-9) Record — Pioneer 4-1, 2-1. Avent 4-4-13, Woods 9-5-23, Walker 11- Chico 50, No. 10 Ukiah (14-15) 43 2 RBIs. Records — Saratoga 2-1; Presen- Andrew Hill 289, Mt. Pleasant 299 WP — Tang (2-0, 10 Ks). LP — Fire- 3-28, Mathews 3-0-7, Smith 4-0-8, Garcia Division III No. 10 Vanden-Fairfield (26-6) at No. 2 Baseball tation 7-0. baugh. Top players — Firebaugh (A) 2B, 2-1-5. Totals 35-13-88. Campolindo-Moraga (22-7) Piedmont Hills 10, Willow Glen 2 At Los Lagos GC (par 35) RBI; Hayes (S) 2 hits, 2B, run. Record Wednesdays first round Medalist — Brandon Garcia (MP). Aragon (20-10) — Liebergesell 11- Division IV Blossom Valley P.H...... 210 201 410 15 0 — Saratoga 2-0. 6-29, Manu 9-5-26, Andriola 1-0-2, Hahn Soquel 74, No. 7 Campolindo-Moraga Records — Mt. Pleasant 3-1; Andrew Santa Teresa 8, Wilcox 2 Saturdays second round Willow Glen ... 000 000 2 2 6 0 Hill 2-2. 5-2-15, Pagaduan 2-2-6, Mason 1-0-3, (17-12) 66 Mount Hamilton Division WP — Guevara (4-1). LP — Del Rio. (All games at 6 p.m.) Wilcox ...... 000 200 02 11 3 Samujh 2-0-4. Totals 31-15-85. Patterson 64, No. 9 Analy-Sebastopol Top players — Estrada (PH) 3 hits, 2B, 2 West Valley Division No. 8 Encina Prep-Sacramento (28-4) at Leland 3, Branham 1 Santa Teresa ..010 304 08 13 1 Three-point goals — Avent, (19-12) 18 RBIs; Caldner (WG) hit, 3B, RBI. Records WP — Hernandez (2-0). LP — Parra No. 1 Moreau Catholic, Hayward (24-6) Branham...... 000 100 01 3 0 Oak Grove 282, Yerba Buena 286 Walker 3, Mathews; Liebergesell, Manu Vanden-Fairfield 62, No. 11 San Marin- — Piedmont Hills 5-2; Willow Glen 2-4. (0-1). Top players — De Los Santos (W) No. 12 Riverbank (24-4) at No. 4 St. Pat- Leland ...... 200 100 x3 7 2 3, Hahn 3, Mason. Novato (18-12) 46 Los Gatos 14, Lincoln 1 (5) At Los Lagos (par 34) 3 hits, 2B, RBI, run; Heal (ST) 4 hits, 3 rick-St. Vincent-Vallejo (24-9) WP — Sullivan (2-1, CG, 6 Ks). LP Wednesdays results Medalist — Jordan Auen (OG) 45; 2B, 3 RBIs. Records — Wilcox 3-1; Santa Division IV No. 11 Fortuna (26-3) at No. 3 Half Moon — Risko (0-1). Top players — Anders Lincoln ...... 100 00 1 5 6 St. Francis Drake 63, No. 8 Enterprise- Jason Sulla (YB) 45. Records — Oak Teresa 2-1. Wednesdays first round Bay (25-5) (B) hit, RBI; Citta (L) 2 2B, RBI. Records Los Gatos ...... 325 4x14 9 0 Grove 4-1, 2-1; Yerba Buena 0-3. Redding (19-9) 62 WP — Rochel (3-1). LP — V. Guzman Miramonte 74, No. 5 Fairfield (25-7) 70 Cardinal Newman 47, Menlo 35 Colfax or Sacred Heart Prep at No. 2 — Branham 3-4, 0-1; Leland 5-3, 1-0. Salesian (20-14) Willow Glen 11, Santa Teresa 2 (3-2). Top players — V. Guzman 2 hits; Santa Clara Valley (OT) Cardinal Nwmn.. 12 8 17 1047 Vais 2 hits, 2B, 3 RBIs. Records — Lincoln Boys tennis Christian Brothers-Sacramento 60, No. 6 Menlo ...... 10 11 6 835 Division V Willow Glen... 231 401 011 16 1 3-2; Los Gatos 3-2. De Anza Division Acalanes (17-13) 46 S.T...... 000 020 0 2 6 2 Blossom Valley Cardinal Newman (24-7) — Kiech Saturdays second round Valley Christian 5, Gilroy 0 Homestead 208, Los Altos 208 3-8-16, Bertolero 3-0-8, Salinas 4-1-9, WP — J. Hutchings (2-0) CG, 5K. LP Division IV Gilroy ...... 000 000 00 1 2 Vice-Neat 3-1-9, Irvine 2-0-5. Totals 15- (All games at 6 p.m.) — Sanders. Top players — Maggi (WG) At Sunnyvale (par 35) Mount Hamilton Division Valley Chr...... 000 005 x5 7 0 Wednesdays first round 10-47. No. 8 University-SF (25-7) at No. 1 Cen- 3 hits, 2 RBIs; Mason (ST) 2B, 2 RBIs. Medalists — N. Sharma (H), N. Elias WP — B. Fitzpatrick (2-1, 20 Ks). LP Live Oak 4, Silver Creek 3 Sacred Heart Prep 56, Colfax 52 Menlo (18-12) — Erisman 5-2-16, tral Catholic-Modesto (25-6) Records — Willow Glen 5-2, 1-0; Santa (H) 40; S. Katchman, K. Shea (LA) 40. — Castro. Top players — Castro (G) hit; At Silver Creek Paye 1-4-6, Stine 0-1-1, Duffner 4-0-9, No. 5 Liberty Christian-Redding (25-4) at Teresa 1-5, 0-1. Records — Los Altos 1-2-2; Homestead Colfax...... 8 16 5 2352 Dawkins (VC) 2B, 2 RBIs. Records — Gil- No. 1 singles — Flora (SC) d. Le Dehnad 0-3-3. Totals 10-10-35. No. 4 Branson-Ross (25-6) 2-2-1. Sacred Heart ...... 15 16 10 1556 Santa Clara Valley roy 1-4; Valley Christian 2-1. Ruyet 6-0, 6-0. No. 1 doubles — Rent- Three-point goals — Kiech 2, Ber- No. 6 Stuart Hall-SF (24-7) at No. 3 Colfax (17-14) — Campell 3-3-9, Brookside Christian-Stockton (25-4) Hillsdale 5, Wilcox 4 El Camino Division eria-Shumate (LO) d. Le-Tran 7-5, 6-0. Wilson 2-0-4, Balser 4-11-20, Harshman tolero 2, Vice-Neat 2, Irvine; Erisman 4, De Anza Division No. 7 Pinewood (24-4) at No. 2 St. Joseph Hillsdale ...... 011 000 35 5 1 Wilcox 236, Santa Clara 278 Records — Live Oak 3-3; Silver 1-0-3, Howes 1-0-2, Zachman 6-2-14. To- Duffner. Notre Dame (27-5) Wilcox 8, Mountain View 3 Wilcox ...... 000 021 14 9 3 Creek 0-3. tals 17-16-52. Piedmont 48, Castilleja 30 At GC at Boulder Ridge (par 35) WP — McCoy. LP — Ramirez (2-1). Top Sacred Heart Prep (21-7) Castilleja ...... 7 8 8 730 Mtn. View ...... 000 001 23 10 1 Medalist — Albert Im (W) 37. Re- West Valley Division players — Quirke (H) 2 hits, 2B, 4 RBIs; — McLean 6-0-13, Koch 6-4-19, Barnum Piedmont...... 14 16 8 1048 Wilcox ...... 303 200 x8 11 3 cords — Santa Clara 1-3; Wilcox 2-2. Girls basketball Ledesma (W) 3 hits, 2B. Records — Hills- Branham 7, Overfelt 0 1-0-3, Moses 1-0-3, Galvin 2-2-6, Randall Castilleja (20-11) — Vermeer 6-4- WP — Contreras (3-0). LP — Atherton. dale 3-0; Wilcox 3-2. At Overfelt 3-0-8, Harmon 2-0-4. Totals 21-6-56. 18, Alder 1-0-3, Afifi 2-2-6, Gerber 1-0-3. Top players — Mendonca (W) 2 hits, 3B. Open Division No. 1 singles — Tejeda d. Factor 6- Three-point goals — Balser, Totals 10-6-30. Records — Mountain View 1-5, 0-1; Wil- Boys lacrosse Fridays games 0, 6-0. No. 1 doubles — Bray-Golden d. Harshman; McLean, Koch 3, Barnum, Piedmont (20-9) — Garaventa 3-0- cox 7-1, 1-0. Ascencio-Tran 6-3, 6-2. Moses, Randall 2. 6, Thompson 4-0-8, Eidam 1-0-2, Seyra- No. 8 Sacramento (23-8) at No. 1 St. Palo Alto 18, Saratoga 9 Boys tennis Non-league Record — Branham 2-1. Wednesdays results nian 7-3-20, Selna 6-0-12. Totals 21-3-48. Mary’s-Berkeley (26-7), 7 p.m. Palo Alto ...... 530 303 418 20 2 Non-league At Soquel Three-point goals — Vermeer 2, No. 4 Salesian (27-6) at No. 4 St. Igna- Saratoga ...... 500 000 4 9 8 2 Archbishop Mitty 14, Soquel 2 Encina Prep-Sacramento 60, No. 9 Corn- tius-San Francisco (26-4), 7 p.m. Serra 6, Aragon 1 Boys volleyball ing (24-5) 57 Alder, Gerber; Seyranian 3. WP — Smith. LP — Mederios. Top At Aptos Wednesdays results No. 6 Miramonte (28-1) vs. No. 3 St. players — L. Han (PA) 4 hits, 3 2B, 5 RBIs, At Aragon St. Francis 12, Aptos 11 Riverbank 59, No. 5 Santa Cruz (19-9) 55 Mary’s-Stockton (25-4) at Delta College, Non-league St. Patrick-St. Vincent-Vallejo 60, No. 13 Justin-Siena-Napa 49, No. 12 Colfax (18- 4 runs; Plesse (S) 2 hits, 2 runs. Records No. 1 singles — M. Campana (S) d. 7 p.m. — Palo Alto 1-4, 1-0; Saratoga 5-1, 0-1. Hughes 6-2, 6-2. No. 1 doubles — Ilyin- At Oak Grove Harker (18-11) 42 12) 40 No. 7 Sacred Heart Cathedral-San Fran- Half Moon Bay 67, No. 14 Marshall-San West Campus-Sacramento 56, No. 13 Los Gatos 2, Gunn 0 Ngirchemat (A) d. Dennis-Kothari 5-7, 1- Girls lacrosse Oak Grove d. Live Oak 25-11, 25-18, cisco (21-7) vs. No. 2 Carondelet (27-3) 2, retired. 25-19. Kill leader — Bridge (OG) 11. Francisco (17-13) 39 Corning (21-8) 38 at De La Salle HS, 7 p.m. Los Gatos ...... 010 010 02 6 1 Non-league Fortuna 75, No. 6 Natomas-Sacramento West Valley-Cottonwood 51, No. 7 Bear Gunn...... 000 000 00 1 4 Records — Serra 4-0; Aragon 4-2. Record — Oak Grove 2-3.
Legal Notice U.S. District Court for the Southern District of New York Literary Works in Electronic Databases Copyright Litigation To: Freelance authors of English language literary works
This is a summary notice of a revised class action settlement. Please read this notice. It may affect your legal rights. What is this proposed settlement about? Asettlement has been reached in a class action lawsuit alleging that commercial electronic databases and newspapers and magazines infringed the copyrights of freelance authors. The lawsuit alleges that newspapers and magazines, after publishing the works with the authors’ permission, then sold them to the electronic databases without the authors’ permission. Thecurrent settlement is a revision of a previous proposed settlement that was reached in 2005. The settlement applies to English language literary works that were reproduced on a commercial electronic database withoutthe authors’ permission. Works may still be eligible even if not registered with the U.S. Copyright Office, and even if they were originally published outside the U.S. Excluded are works for hire and works for which the author granted electronicrights to theoriginal publisher. Freelance authors were notified of the previous settlement, and the deadline for submitting compensation claims under that settlement was September 30, 2005. Additional details about eligible works and your options are containedin the full Notice of Revised Class Action Settlement, available at www.copyrightclassaction.com. What do I need to do? Class membershave three options: (i) do nothing; (ii) exclude yourself from the settlement; (iii) object to the settlement. To remain a class member, you do not need to do anything. To be eligible for a settlement payment, you must have already submitted a timely, valid claim under the previous settlement in 2005. If you did so, then you need to do nothing further to participate in the settlement. (You will eventually hear from the Claims Administrator about the validity of yourclaim.) You may still exclude yourself from the settlement. You must (1) mail a written request for exclusion, postmarked by May 9, 2014, Electronic Databases Copyright Litigation, EXCLUSION REQUEST, c/o GCG, PO Box 10033, Dublin, OH 43017-6633, or (2) submit anexclusion request online at www.copyrightclassaction.com by that date. To object to the settlement, you must file a written objection by May 9, 2014. Further information on each option is available at www.copyrightclassaction.com. Final Fairness Hearing Ahearing on the proposedsettlement will be held June 10, 2014 at 10:00 a.m. by U.S. District Judge George B. Daniels, U.S. District Court, 500 Pearl Street, New York, NY 10007, to determine whether the settlement should be approved. Class members or their counsel may appear in Court. I have new contact information, whom should I contact? If youhave changed your mailing or e-mail address since the original settlement in 2005, you should notify the ClaimsAdministrator, whose contact information is in the full Notice of Revised Class Action Settlement. If the Claims Administrator does not have your correct contact information, you may not receive your settlement payment (assuming youalready submitted a valid claim in 2005) or notice of important developments in this class action. Waterman and Associates Please do not contact the Court. Whether you’re running Certified Public Accountant short on time or you Dated: January 22, 2014 simply don’t want to deal By Order of the Court with the headache that The Honorable George B. Daniels 60% OFF is tax season, let Sarada Majumder of Waterman and Associates Certifi ed www.copyrightclassaction.com 595 Millich Drive, Suite 215, Public Accountant in Campbell, California, 95008 Campbell help you. For $100 today’s deal gives Phone: 408-426-8635 you $250 worth of tax www.watermancpa.net preparation services. Go Ahead! Say It!
We wan tyour questions, comments & suggestions.Talk back to you rnewspaper at [email protected]
Everything in the paper — without the paper www.mercurynews.net/eEdition CaseTHURSDAY, 1:00-md-01379-GBD MARCH 13, 2014 Document 41-3 Filed 06/03/14113 BAY AREA Page NEWS GROUP 7 B5of 10 In brief SAN JOSE UNIFIED SCHOOL DISTRICT SAN DIEGO PETA sues airport for rejecting SeaWorld ad Education board delays tenure change The People for the Unrelated lawsuit statewide teachers union, a tenure after one year, or to a teacher is one of the big- waiver request as a matter Ethical Treatment of powerful player in Sacra- keep a teacher on proba- gest decisions a district of equity, justice and fair- Animals is suing San causes worry over mento, and a lack of support tion for three years. Cur- makes,” said Stephen Mc- ness. Sometimes, she said, Diego International Air- taking any vote from the state Department rent state law requires pub- Mahon, San Jose Unifi ed’s circumstances beyond a port for rejecting an ad of Education. lic schools to either grant chief business offi cer. “We teacher’s control affects urging tourists to steer By Sharon Noguchi State board members teachers tenure after two want to make sure we’re evaluations. clear of Seaworld. [email protected] worried about the implica- years or terminate them af- making that decision with When schools err on the PETA says the Signaling the sensitiv- tions of any vote with a law- ter the second year. all the relevant informa- side of caution and let a sec- airport’s advertising ity of making even modest suit, unrelated to San Jose’s San Jose Unifi ed offi cials tion.” ond-year teacher go, that vendor chose not to changes in how California request, hanging over their argued that two years — es- The California Teach- puts a permanent mark of accept $17,500 for the runs public schools, the heads. That suit, known as pecially since districts must ers Association opposed its being “non-re-elected” on ad featuring actress and State Board of Education on Vergara vs. California, chal- put together their case mid- own local’s request. “It’s a that teacher’s record. San Diego native Kathy Wednesday delayed action lenges teacher tenure, lay- way through a teacher’s one-way deal,” the CTA’s “My job is to ensure Najimy. on an unusual request from offs and dismissal. second year — sometimes Ken Burt told the state that every child has a great In the ad, Najimy, San Jose Unifi ed School Instead, the board indi- doesn’t allow time to fairly board. The waiver would teacher,” Thomas said, who appears in HBO’s District and its teachers cated it would reconsider evaluate a candidate for give the school board too “and to fi ght for every great “Veep,” says, “If you love union to change the length the waiver request in May, what can be a lifetime job. much power, he said. teacher in the making.” animals like I do, please of probation for new teach- when the trial presumably California’s tenure protec- But Jennifer Thomas, avoid Seaworld.” ers. will have wrapped up. tions make it diffi cult and president of the 1,700- Contact Sharon Noguchi at PETA says the The request faced San Jose Unified sought costly to fire a teacher. member San Jose Teach- 408-271-3775. Follow her at airport has accepted ads staunch opposition from the flexibility to grant teachers “Permanent status for ers Association, cast the Twitter.com/noguchionk12. from other nonprofits, and from Seaworld. SeaWorld and the SONOMA COUNTY PONZI SCHEME airport declined com- ment to U-T San Diego (http://bit.ly/1g91so1) on Tuesday. Bay Area man charged SeaWorld has come under fire in the last year since release of the docu- mentary “Blackfish,” in cash machine fraud which focused opposition to killer whale captivity. Atleast1person comment. the food court of the Hill- Prosecutor Victor Chen sdale shopping center off HESPERIA claims the loss contends Ferguson may Highway 101 in San Mateo, of life savings have started with honest where one of the ATMs she After 13 years, child intentions. But his busi- ultimately “bought” was lo- molester arrested By Tracey Kaplan ness rapidly morphed into cated. [email protected] a scam that stretched over “Every question I asked, After 13 years on To most Americans, pay- eight years, he said. Prose- he answered,” Palos said, the run, a convicted ing exorbitant fees to use cutors allege Ferguson sold “even, ‘What if a bomb child molester has been privately owned ATMs in investors the rights to a per- went off and the mall was captured in a Southern markets, malls and airports centage of user fees from a destroyed, along with the California desert com- feels like a real rip-off. portfolio of ATM machines ATM machine?’ He said, munity. But for more than 100 in- located in shopping centers ‘There is insurance for The Riverside Press- vestors from the Bay Area throughout the nation, or that.’” Enterprise reports and beyond, those ATMs sold them ATM machines Palos eventually sunk 54-year-old Todd Eric have been an even bigger plus a percentage of those her inheritance and pro- Dalton was arrested at money drain. fees. However, they allege, ceeds from a divorce settle- a home in Hesperia last Enticed by the promise Ferguson did not own most ment into what she thought Saturday. of a 15 percent return, they of the machines and paid were 14 ATMs scattered Jail records show he invested millions of dollars most of his clients with around the country, as well was booked on a war- in the machines, expecting money from new investors. as at least one other busi- rant charging him with to get a monthly check for a “He knowingly sold ness Ferguson ran. For continued sexual abuse percentage of user fees that ATMs he did not own or he awhile, she was getting of a child under 14, mo- can go as high $4.50 per sold the same ATMs more checks for $5,300 a month, lestation of a child under transaction. Only later did than once,” said Chen, add- about half of which went to- the age of 14, and forcible they find that they’d been ing that Ferguson promised ward her rent. sexual penetration. fleeced in what prosecutors to return investors’ princi- When the checks Dalton disappeared say was a Ponzi scheme run pal upon request. “It only stopped coming, she called while free on $350,000 by a charming Foster City worked as long as he could the malls where her ATMs bail in 2001 just as open- BETH SCHLANKER/ASSOCIATED PRESS man. keep new investor money were supposedly located. ing statements were Prue Draper, left, of the Cotati Historical Society, and Michael Brendan Fergu- coming in.” No one had ever heard of about to begin in his Louise Santero, a longtime Cotati resident, stand next son, 44, has been charged Ferguson maintained her or Ferguson at any of Riverside trial. to a rare albino chimero redwood tree Tuesday. so far with nine felonies, appearances by operating the shopping centers from The trial continued including securities fraud an office in San Francisco San Mateo to Douglasville, without him and the jury and grand theft. He pleaded with a handful of employ- Ga., to Forsythe, Ill. convicted him of nine sex- not guilty and is being held ees, as well as by providing That’s when Palos called related counts. Officials Rare tree must be in Santa Clara County financial statements to in- the FBI. Now, the investors say the crimes involved jail, with bail set at $1 mil- vestors purporting to show have organized in hopes of two young girls. lion. Twenty-six investors growth in his ATM busi- getting back at least some Dalton is set for a removed for train showed up this week in re- ness, Chen said. of their money. Ferguson hearing on his arrest sponse to his effort to get The investors came declared bankruptcy in warrant Wednesday in Albino redwood trains designed to meet his bail lowered. The judge from all walks of life, includ- January. Riverside Superior Court. new federal emissions postponed the matter until ing a single mother with Chen is looking for any poses hazard but standards. April 7. a severely disabled child hidden assets and hoping SANTA PAULA may be preserved “The new engines lower “Mike had that Ivy who is on the brink of los- that Ferguson agrees to greenhouse gas emissions League look — a crisp ing her house and doesn’t pay some restitution as part Authorities seize By Jason Dearen to unprecedented levels, white shirt, tailored trou- even have enough money to of a plea deal. He currently suspected fight dogs Associated Press and they are quieter,” sers,” said San Jose resi- move home to North Caro- faces up to 18 years and four SAN FRANCISCO Glendening said. dent Cheryl Palos, who lost lina. Most learned about the months in prison. Authorities in Ven- — It’s a tree so rare that There is hope for the $769,500, her entire life “opportunity” via a neigh- Although Ferguson did tura County have seized there are believed to be tree. savings. “I’m telling you, he bor, friend or relative. Many not break into anyone’s 16 dogs they suspect fewer than 10 of its kind Scientists and others was slick.” rolled over their 401(k)s or home, the prosecution al- were being bred and in the world, and it could are urging local politicians Ferguson’s high-pow- took a second loan out on leges that he entered one trained to fight. be chopped down to make to consider a plan to move ered lawyer, Josh Bentley, their house. victim’s home with the The Ventura County way for commuter trains the rare genetic specimen who also represents several Palos heard about Fer- intent to commit a felony Star says an animal in Northern California. to land near the city of Co- prominent 49ers football guson from her brother-in- — grand theft — which control officer was sent Preservationists are tati. Talks are underway. players, did not respond law. Skeptical at first, she qualifies as burglary under to a home in Santa Paula hoping to stoke public Emily Burns, who Wednesday to requests for asked him to meet her at California law. Tuesday after a report awareness and save the studies redwoods as sci- came in that several albino chimero coast red- ence director at Save the dogs were fighting in the wood growing in the small Redwoods League in San Legal Notice backyard. The officer Sonoma County town of Francisco, said the tree is U.S. District Court for the Southern District of New York separated the animals Cotati. a scientific treasure. and called for backup. Standing 52-feet tall, It’s a chimera — or a Literary Works in Electronic Databases Copyright Litigation The dogs, including the tree features a unique plant with two sets of DNA two that were severely mixture of normal green fused together — which is To: Freelance authors of English language literary works injured, were taken to leaves and white, albino only seen in a handful of the Santa Paula Animal sections. It’s believed to be naturally occurring red- This is a summary notice of a revised class action settlement. Please read this notice. It may affect your legal rights. Rescue Center. the largest of its kind on woods on the planet. What is this proposed settlement about? Thirteen were pit the planet. Alone, albino redwoods bulls, two were English ButSonoma-Marin Area cannot survive in the wild Asettlement has been reached in a class action lawsuit alleging that commercial electronic databases and newspapers and magazines infringed the copyrights of freelance authors. The lawsuit alleges that newspapers and magazines, after bulldogs and one was Rail Transit (SMART) of- because they are unable publishing the works with the authors’ permission, then sold them to the electronic databases without the authors’ a Boston terrier. Four ficials say the decision to to conduct photosynthe- permission. The current settlement is a revision of a previous proposed settlement that was reached in 2005. were puppies. remove it is out of their sis, the process of turning The settlement applies to English language literary works that were reproduced on a commercial electronic database Officers found evi- hands. sunlight into nutrients. withoutthe authors’ permission. Works may still be eligible even if not registered with the U.S. Copyright Office, and dence of fight training, Federal regulators have Existing albino redwoods even ifthey were originally published outside the U.S. Excluded are works for hire and works for which the author including an agitator determined the tree must are joined with normal granted electronicrights to the original publisher. stick. come down for safety rea- trees that can produce the Freelance authors were notified of the previous settlement, and the deadline for submitting compensation No one was home at sons. needed nutrient. claims under that settlement was September 30, 2005. Additional details about eligible works and your options are the time, but the prop- The genetically mutated “A chimera is really a containedin the full Notice of Revised Class Action Settlement, available at www.copyrightclassaction.com. erty owner later went redwood is apparently too genetic oddity in any spe- to the police station and close to a proposed set of cies,” Burns said. “It has What do I need to do? denied any wrongdoing. new tracks. two separate genomes Class membershave three options: (i) do nothing; (ii) exclude yourself from the settlement; (iii) object to the settlement. “We have federal safety mashed together. It’s a To remain a class member, you do not need to do anything. To be eligible for a settlement payment, you must have COSTA MESA clearance requirements mosaic of tissues.” already submitted a timely, valid claim under the previous settlement in 2005. If you did so, then you need to do we must comply with,” Burns said the tree is nothing further to participate in the settlement. (You will eventually hear from the Claims Administrator about the validity Thieves victimize said Carolyn Glendening, also old enough to have of yourclaim.) model railroad club a SMART spokeswoman. developed male and female You may still exclude yourself from the settlement. You must (1) mail a written request for exclusion, postmarked by “Whether it’s this tree or cones — meaning it would May 9, 2014, Electronic Databases Copyright Litigation, EXCLUSION REQUEST, c/o GCG, PO Box 10033, Dublin, A train heist in any other tree.” produce offspring. OH 43017-6633, or (2)submit an exclusion request online at www.copyrightclassaction.com by that date. Orange County has left a To mitigate the tree’s “I’m curious to see what To object to the settlement, you must file a written objection by May 9, 2014. model railroad club seek- loss, the rail project is re- the offspring of this tree Further information on each option is available at www.copyrightclassaction.com. ing donations to replace quired to plant 20 coast would be,” she said. an estimated $9,000 redwoods elsewhere. They Her group is consider- Final Fairness Hearing worth of stolen material. will also take “thousands ing whether to help any Ahearing on the proposed settlement will be held June 10, 2014 at 10:00 a.m. by U.S. District Judge George B. The Orange County of cuttings” from the rare relocation plans. Daniels, U.S. District Court, 500 Pearl Street, New York, NY 10007, to determine whether the settlement should be Register says thieves tree in an attempt to pre- And SMART’s board approved. Class members or their counsel may appear in Court. broke into a gated depot serve it, Glendening said. has begun discussions to I have new contact information, whom should I contact? in Costa Mesa on March The SMART rail line see if it’s possible to move If youhave changed your mailing or e-mail address since the original settlement in 2005, you should notify the 1 and hit the headquar- was approved by voters the tree to city-owned ClaimsAdministrator, whose contact information is in the full Notice of Revised Class Action Settlement. If the Claims ters of the Orange in 2008 to help ease con- land. Administrator does not have your correct contact information, you may not receive your settlement payment (assuming County Model Engineers. gestion on Highway 101 “It’s still super tenu- youalready submitted a valid claim in 2005) or notice of important developments in this class action. The club operates through Marin and So- ous,” Deb Fudge, a SMART Please do not contact theCourt. scale-model trains in noma counties. board member, told the Fairview Park that The first 43-mile stretch Santa Rosa Press Demo- Dated: January 22, 2014 give rides to children. of the commuter rail line is crat. “But at least that By Order of the Court Officials say it plans to scheduled to open in late gives it a shot. We haven’t The Honorable George B. Daniels continue operations. 2016, with 10 stations and figured out who would pay — Associated Press so-called “clean diesel” or any of that yet.” www.copyrightclassaction.com MARCH 2, 2014 Boston Sunday Globe N5 Case 1:00-md-01379-GBDTelevision Document 41-3 Filed 06/03/14 Page 8 of 10 rpose any content.
RAY MICKSHAW FOR FOX SPORTS 1
Middlesex Community College MARKETING PARTNERS BRANDING ARTSETC/005/NZ Database, 1/6th, 3/2
‘Fox Sports Live’ struggles to Bedford • Lowell Celebrity Forum 2014
an evening with make good on its game plan Robert
By Saul Austerlitz tables, and conversation pits. Jay Onrait (left) and ute segment in which Thomp- Redford GLOBE CORRESPONDENT The result is a strange hy- Dan O’Toole anchor son moderated a prefight trash- or over 20 years, brid of news and opinion, in “Fox Sports Live,” the talk session between UFC Actor, Director, sports fans have which the traditional highlight retooled Fox Sports fighters Patrick Cummins and Sundance Institute Founder turned to the same segments that make up a 1’s answer to ESPN’s Daniel Cormier gave this life- and Environmentalist place for news and sports-news roundup are regu- “SportsCenter.” long sports fan a sense of what highlights nightly larly interrupted by a variety of it might feel like for a non- Fat 11 p.m.: ESPN’s “SportsCen- panels with names like “Let It sports fan to watch ESPN: Who Friday, June 20 at 8 p.m. • Lowell Memorial Auditorium ter.” From the golden era of Ride,” “Whip Around,” and are these guys? What are they Client Name: Advertiser: Section/Page/Zone: Description: Keith Olbermann and Dan Pat- “#failfriday.” Ex-athletes like talking about? And why does Tickets Premier Seating - $65 • Standard Seating - $45 rick forward, “SportsCenter” Gary Payton, Donovan Mc- anyone care? NOW has been the gold standard of Nabb, and Ephraim Salaam are Onrait and O’Toole spent Note: Price includes a mandatory $2 restoration sports-roundup shows, even as present to debate the issues of the last two weeks providing on sale fee charged by the Lowell Memorial Auditorium. its increasing emphasis on the day: Does Wichita State de- goofy, mostly unnecessary Tickets may be purchased: flashy graphics and faux specta- serve to be #1? Is Johnny Man- standup reporting from the cle has eroded a good deal of its ziel too short to be an NFL conducting a live poll of 24 “av- Winter Olympics in Sochi. One By calling the Lowell Memorial Auditorium Box Office at 866-722-8881 or online at www.lowellauditorium.com or in person at the Lowell Memorial Auditorium watchability. The stage had quarterback? Opinion is king, erage fans” on hot-button segment on pin collecting sug- Box Office located at 50 East Merrimack Street, Lowell, MA. been set for a genuine rival to with former Eagles quarterback sports issues like openly gay gested that the hobby was “a lit- For group sales of 15 or more, contact Joe Fellini at 978-934-5751 or email the dominance of “SportsCen- McNabb directly addressing the NFL prospect Michael Sam, or tle like life: mildly depressing, [email protected] All sales are final. No refunds or exchanges. ter.” Enter “Fox Sports Live,” the camera to call for the resigna- the Petty family’s sexist jeers with moments of real joy.” The flagship show of the retooled tion of embattled Miami Dol- about NASCAR driver Danica same could be said of “Fox For details, visit Fox Sports 1, newly redesignat- phins head coach Joe Philbin. Patrick. Luntz tones down the Sports Live,” which is often ed as a national channel. Intriguingly, “FSL” does not culture-warrior shtick for this amusing, but feels strained be- WWW.MIDDLESEX.MASS.EDU/CF14 segregate its commentators by gig, but his segment “Sound cause of its efforts to differenti- 2000790999 3 x 7 B&W TV REVIEW sport, giving us the unique Off” still feels like it pits its nat- ate itself from its elder and su- For information on how to become a Forum sponsor, pleasure of hearing McNabb ural constituency of white, mid- perior, “SportsCenter.” With its call Dennis Malvers at FOX SPORTS LIVE discussing the intricacies of dle-class, vaguely angry guys dramatization of angry tweets Special thanks to The TJX Companies, Inc., Presenting Sponsor for all sixteen years! 781-280-3514. On: Fox Sports 1 mid-major conference play in against a bunch of female and by Seattle Seahawks wide re- Time: Weeknights college basketball. “FSL” is at- minority softies. Of course, no ceiver Doug Baldwin and its at 11 p.m. tempting to re-create the good- one is opposed to Sam’s homo- fake-infomercial vibe for an natured jabbing of “Pardon the sexuality here, only the ensuing NBA trade deadline roundup, Interruption,” but none of the “media circus.” “Fox Sports Live” has a much- athletes are quite comfortable “Fox Sports Live” also recali- appreciated sense of humor, If ESPN is the CNN of sports enough on air. One segment, brates the mix of sports cover- but could afford to be a bit less news, Fox Sports 1, which pre- starting a split second too early, age, unsurprisingly emphasiz- overplanned. ESPN has opened miered in August, intends to be caught former NBA superstar ing less traditional sports like the door to competitors its Fox News — the brash, opin- Payton yawning broadly before NASCAR and UFC to which Fox through its sheer dominance. ionated competitor that leaves immediately feigning enthusi- owns the rights. ESPN has al- “Fox Sports Live,” for all its hard its stodgy competitor in the asm. ways done the same, hyping work, does not go nearly far dust. Visually, “Fox Sports Live” Perhaps the most Fox News- and downplaying sports rela- enough in separating itself Ad Number: Insertion Number: Size: Color Type: looks much like Fox News. The esque feature of “Fox Sports tive to the size of their televi- from the pack. screen is framed by the ubiqui- Live” is the regular presence of sion packages. (When was the tous breaking-news crawl at the Republican pollster (and Fox last time you saw an extended bottom and a list of upcoming News analyst) Frank Luntz — hockey segment on “SportsCen- Saul Austerlitz can be reached topics along its right edge. The pardon me, Dr. Frank Luntz — ter”?) Sitting through a 10-min- at [email protected]. framing makes the main event feel unnecessarily cramped, and the blue-yellow-red color scheme is garish. Fox has been Legal Notice successful before with this bru- U.S. District Court for the Southern District of New York talist look; regardless of one’s political outlook, it can be safe- Literary Works in Electronic Databases Copyright Litigation ly agreed that Fox News is one
appeared in the Boston Globe on date and page indicated. You may not create derivative works, or any way exploit repu of the more visually unappetiz- To: Freelance authors of English language literary works ing channels on cable. “Fox Sports Live” is similarly un- This is a summary notice of a revised class action settlement. Please read this notice. It may affect your legal rights. pleasant to look at, like a prima- What is this proposed settlement about? ry-color oil spill seeping in from A settlement has been reached in a class action lawsuit alleging that commercial electronic databases and newspapers and the edges of the screen. magazines infringed the copyrights of freelance authors. The lawsuit alleges that newspapers and magazines, after publishing More crucially, “Fox Sports the works with the authors’ permission, then sold them to the electronic databases without the authors’ permission. The current Live” looks to blur the distinc- settlement is a revision of a previous proposed settlement that was reached in 2005. tion between news and opin- The settlement applies to English language literary works that were reproduced on a commercial electronic database without the authors’ permission. Works may still be eligible even if not registered with the U.S. Copyright Office, and even if they were ion: We report, we decide. “Fox originally published outside the U.S. Excluded are works for hire and works for which the author granted electronic rights to the Sports Live” is a mash-up of original publisher. classic 1990s “SportsCenter,” Freelance authors were notified of the previous settlement, and the deadline for submitting compensation claims under with imported Canadian hosts that settlement was September 30, 2005. Additional details about eligible works and your options are contained in the full Jay Onrait and Dan O’Toole fill- Notice of Revised Class Action Settlement, available at www.copyrightclassaction.com. ing the Olbermann-Patrick WhatdoIneedtodo? roles, and an ESPN sports-talk Class members have three options: (i) do nothing; (ii) exclude yourself from the settlement; (iii) object to the settlement. show like “Around the Horn.” To remain a class member, you do not need to do anything. To be eligible for a settlement payment, you must have already Onrait and O’Toole, who submitted a timely, valid claim under the previous settlement in 2005. If you did so, then you need to do nothing further to made names for themselves as participate in the settlement. (You will eventually hear from the Claims Administrator about the validity of your claim.) hosts of TSN’s “SportsCentre,” You may still exclude yourself from the settlement. You must (1) mail a written request for exclusion, postmarked by are affable and clownish. For May 9, 2014, Electronic Databases Copyright Litigation, EXCLUSION REQUEST, c/o GCG, PO Box 10033, Dublin, OH 43017- their American sojourn, they 6633, or (2) submit an exclusion request online at www.copyrightclassaction.com by that date. have packed suitcases full of To object to the settlement, you must file a written objection by May 9, 2014. shtick, like Onrait’s “You’re off Further information on each option is available at www.copyrightclassaction.com. the case, Bobrovsky!” whenever Final Fairness Hearing highlights feature Columbus Blue Jackets goalie Sergei Bo- A hearing on the proposed settlement will be held June 10, 2014 at 10:00 a.m. by U.S. District Judge George B. Daniels, U.S. District Court, 500 Pearl Street, New York, NY 10007, to determine whether the settlement should be approved. Class members brovsky — likely a less common or their counsel may appear in Court. occurrence here than it had been in Canada. But Onrait and I have new contact information, whom should I contact? O’Toole control only a modest If you have changed your mailing or e-mail address since the original settlement in 2005, you should notify the Claims amount of real estate on the Administrator, whose contact information is in the full Notice of Revised Class Action Settlement. If the Claims Administrator does not have your correct contact information, you may not receive your settlement payment (assuming you already submitted a show, which also features Cha- valid claim in 2005) or notice of important developments in this class action. rissa Thompson and a slew of Please do not contact the Court. Donate the value of your former athletes and moderators Dated: January 22, 2014 newspapers to local classrooms.
Publication Date: 03/02/2014 This E-Sheet is provided as conclusive evidence that the ad in an ever-changing array of formats. “Fox Sports Live” By Order of the Court The Honorable George B. Daniels thinks that the solution to the monotony of two hosts sitting at one desk is to have 10 hosts www.copyrightclassaction.com bostonglobe.com/vacationsuspension at eight different desks, round- Case 1:00-md-01379-GBD Document 41-3 Filed 06/03/14 Page 9 of 10
MONDAY, MARCH 3, 2014 KLMNO EZ SU C9
INTERACTIVE LISTINGS AND MORE ONLINE 6 Keep track of your favorite shows with our Television 3interactive TV listings, follow industry news and read more reviews at washingtonpost.com/tv.
COURTESY OF CBS BROADCASTING WEDDING DAY JITTERS: Lily and Robin have a fight, and Barney freaks out about which suit to wear on “How I Met Your Mother.”
TV HIGHLIGHTS generations by following six singles struggling with the constraints of this posh society. “The Bachelor: The Women SERIES PREMIERE: Formerly Tell All” (ABC at 8 p.m.) is the Military Channel, AHC usually a special that aims to pit premieres its new docu-series, the ladies against each other for “Against the Odds” (American the last time, but this time, and Heroes Channel at 10), about rightly so, the bachelorettes Marines who stuck together in supposedly just spill all the battles, from World War II terrible things that Juan Pablo through the Iraq war. did or said. SERIES PREMIERE: Also This week on the wedding reviewed by Stuever on this that will never end, “How I Met page, “Those Who Kill” (A&E at Your Mother” (CBS at 8) has 10) stars Chloe Sevigny as a Lily and Robin in a tiff while rookie homicide detective in Barney is struggling to find the Pittsburgh, and in the opener, perfect suit. she teams with a forensic Blind auditions continue on psychologist when there’s a “The Voice” (NBC at 8). serial killer on the loose. RETURNING SHOW: Tina Fey is on “The Tonight Reviewed by TV critic Hank Show Starring Jimmy Fallon” Stuever on this page is the (NBC at 11:35), which most return of “Bates Motel” (A&E likely means a great new at 9). In the premiere episode, installment of Weekend Update, Norman is struggling to deal along with Randy Newman as with Miss Watson’s death, and the musical guest. Bradley goes to extremes to find Actor Zach Braff and double- her father’s killer. arm transplant recipient Sgt. Max faces a new threat on his Brendan Marrocco and his search for Lily Gray on “The surgeon, Andrew Lee, come by Following” (Fox at 9), while the “Late Show With David things turn myserious at Joe, Letterman” (CBS at 11:35), with Emma and Mady’s hideout. music from Baltimore band SERIES PREMIERE: Future Islands. “Southern Charm” (Bravo at 10) Toronto Mayor Rob Ford and goes behind the walls of the Gonzo from the Muppets stop most aristocratic families in by “Jimmy Kimmel Live” (ABC Charleston, S.C., to reveal a at 11:35), with a performance world of exclusivity, money and from Fitz & the Tantrums. scandal that goes back — Rachel Lubitz
TV REVIEWS In Trudeau’s absence, ‘Classic Doonesbury’ ‘THOSE WHO KILL’: Chloë What do you want first: the bad ing four weeks of strips from every Sevigny’s news or the worse news? year of syndication, I hope to hit Catherine and Okay, the bad news: “Doones- many ‘Doonesbury’ high points, James bury” is going on hiatus (again). focusing on how the characters D’Arcy’s The worse news: The sabbatical is (over 75 of them) got involved with Thomas team entirely open-ended. one another. Since their lives have up to catch “I’ve done the strip for 43 years always been bound up in the killers, but — 45 if you include the college events of the day, it should be a both have edition [at Yale] — and I’m ready kind of deja vu for my peers, and secrets. The for an extended break,” creator maybe a ‘What were you people A&E drama Garry Trudeau tells Comic Riffs, thinking?’ for newer readers. I debuts as he delves into a second season GARRY TRUDEAU/UNIVERSAL PRESS SYNDICATE hope all of them will enjoy the Monday night of his recently renewed Amazon BEGINNINGS: B.D. in 1970. trip.” at 10. Studios political show, “Alpha A small comfort: Fresh House.” Trudeau also notes: “A terials for “Classic Doonesbury,” “Doonesbury” strips will still run hiatus comes with uncertainty, of going back to the beginning and on Sundays. course. I can’t assume I’ll be wel- highlighting favorite strips — Michael Cavna comed back a year or two from throughout the years. now.” “In selecting the strips for this As always, we welcome your So, how to get inventive during retrospective journey, we’re going comments. Call our comics hotline at the long break? Rather than run deep, literally back to Day One,” 202-334-4775, e-mail us at his usual “Flashbacks,” or recent Trudeau said in a statement about [email protected] or write Comics reruns, Trudeau and his editors his Pulitzer Prize-winning strip, Feedback, The Washington Post, 1150 PATRICK HARBRON/A&E have decided to mine archival ma- which launched in 1970. “Revisit- 15th St. NW, Washington, D.C. 20071. ‘Kill’: Weird cops and criminals Legal Notice U.S. District Court for the Southern District of New York
BY HANK STUEVER Highmore), is always there to help Literary Works in Electronic Databases Copyright Litigation with the chores, some of which are A&E’s rather rote new crime quite grisly. To: Freelance authors of English language literary works drama, “Those Who Kill” (pre- Last season wasn’t a banner miering Monday night), presents year for the creepy motel busi- This is a summary notice of a revised class action settlement. Please read this notice. It may affect your legal rights. yet another emotionally inscruta- ness; as you would guess, the What is this proposed settlement about? ble detective who uses her weird- Bates Motel was more frequently A settlement has been reached in a class action lawsuit alleging that commercial electronic databases and newspapers and magazines ness as an asset. Chloë Sevigny a place for murder, corrupt cops infringed the copyrights of freelance authors. The lawsuit alleges that newspapers and magazines, after publishing the works with the (“Big Love”) stars as Catherine, a and sex trafficking than a peaceful authors’ permission, then sold them to the electronic databases without the authors’ permission. The current settlement is a revision of prickly and newly promoted bide-a-wee. By season’s end, we a previous proposed settlement that was reached in 2005. JOSEPH LEDERER/A&E homicide detective in Pittsburgh, saw poor Norman leave the school The settlement applies to English language literary works that were reproduced on a commercial electronic database without the who (we learn in bits and pieces) ‘BATES MOTEL’: Max Thieriot, dance and (possibly) murder his authors’ permission. Works may still be eligible even if not registered with the U.S. Copyright Office, and even if they were originally has an unsettling history with se- left, Vera Farmiga and Freddie favorite teacher. published outside the U.S. Excluded are works for hire and works for which the author granted electronic rights to the original rial killers. Highmore star in the A&E Season 2’s opener feels slow publisher. Pittsburgh, as everyone knows, drama. Highmore and Thieriot and repetitive, as if “Bates Motel” Freelance authors were notified of the previous settlement, and the deadline for submitting compensation claims underthat is one of those towns riddled with are standouts on the show. is stuck on a loop. From the look settlement was September 30, 2005. Additional details about eligible works and your options are contained in the full Notice of the kind of fictional, fetishistic on her face, Farmiga appears to Revised Class Action Settlement, available at www.copyrightclassaction.com. murder sprees that can be solved “Silence of the Lambs”-style con- derive no satisfaction from the What do I need to do? only by shrinks, symbologists, art clusion, making way, one pre- part; Highmore, however, re- critics or maverick wackadoo de- sumes, for another killer next mains a pitch-perfect and utterly Class members have three options: (i) do nothing; (ii) exclude yourself from the settlement; (iii) object to the settlement. tectives;simplecrime-solvingjust week and another chance for the sympathetic update on Anthony To remain a class member, you do not need to do anything. To be eligible for a settlement payment, you must have already won’t cut it anymore, nor will pair to work through their psy- Perkins’s disturbed young square. submitted a timely, valid claim under the previous settlement in 2005. If you did so, then you need to do nothing further to simple crimes. (Just look at the cho-sicko nonsense. Although Another standout is Max Thieriot participate in the settlement. (You will eventually hear from the Claims Administrator about the validity of your claim.) heaps of praise for HBO’s “True Sevigny brings some of her flair as Norman’s older brother, Dylan, You may still exclude yourself from the settlement. You must (1) mail a written request for exclusion, postmarked by May 9, 2014, Detective.”) for playing stubbornly outré char- who arrived as a reprobate and Electronic Databases Copyright Litigation, EXCLUSION REQUEST, c/o GCG, PO Box 10033, Dublin, OH 43017-6633, or (2) “Those Who Kill” is derived acters to this role, “Those Who now seems like the only decent submit an exclusion request online at www.copyrightclassaction.com by that date. from a Danish series based on the Kill” fails to distinguish itself guy for miles; the show doesn’t To object to the settlement, you must file a written objection by May 9, 2014. novels of Elsebeth Egholm. (If from “Hannibal,” “The Following” make enough use of his morally Further information on each option is available at www.copyrightclassaction.com. that matters to anyone.) In the and so much else in TV’s corpse- ambivalent nature. Final Fairness Hearing first of 10 episodes, Catherine strewn imagination. And so far, several story lines of helps link the discovery of a wom- small-town secrets and drama A hearing on the proposed settlement will be held June 10, 2014 at 10:00 a.m. by U.S. District Judge George B. Daniels, U.S. an’s body in an old mill to several ‘Bates Motel’ have fanned out and fizzled, mak- District Court, 500 Pearl Street, New York, NY 10007, to determine whether the settlement should be approved. Class members or other murders, but it turns out A&E’s“BatesMotel”returnsfor ing it hard to tell if “Bates Motel” their counsel may appear in Court. that she works for one of those a second season, also Monday wants to be compellingly chilling I have new contact information, whom should I contact? police departments where no- night, and it appears to have or just tediously unnerving. If you have changed your mailing or e-mail address since the original settlement in 2005, you should notify the ClaimsAdministrator, bodywilllistentothefemalerook- burned through the fuel of its [email protected] whose contact information is in the full Notice of Revised Class Action Settlement. If the Claims Administrator does not have your ie. She’s helped instead by a reluc- intriguing premise at about the correct contact information, you may not receive your settlement payment (assuming you already submitted a valid claim in 2005) or tant sleuthing partner, Thomas expected rate. notice of important developments in this class action. (James D’Arcy), a forensic psy- An imaginative update of the Those Who Kill Please do not contact the Court. chologist disliked by cops because “Psycho” lore, the show is set in a (one hour) premieres Monday at 10 p.m. Dated: January 22, 2014 he has his own fetish issues when perniciously retro present day, on A&E. it comes to serial killing. where cuckoo Norma Bates (Vera By Order of the Court The Honorable George B. Daniels Afflictedwiththeirrespectively Farmiga) has purchased and re- off-putting quirkiness, Catherine christened an old motel in a sea- Bates Motel and Thomas pursue their suspect side Oregon town. Her awkward (one hour) returns Monday at 9 p.m. www.copyrightclassaction.com up to and through a predictable teenage son, Norman (Freddie on A&E. Case 1:00-md-01379-GBD Document 41-3 Filed 06/03/14 Page 10 of 10
xxx Houston Chronicle | HoustonChronicle.com and chron.com | Sunday, March 2, 2014 | ZEST H17
BOOK REVIEW ‘Train’ rides the rails through history
By Hector Tobar their start as booksellers, cameos, including to Siberia and a few other regularly: Walk past the followed by Allen Lane, George Gershwin, John places, Zoellner ends back gardens at the entrance to The routes American who started a publishing Cheever and Langston in California. Union Station and board railroads follow were laid house called Penguin to Hughes, who grew up in After reading his won- a slow-moving train that out almost exclusively give train riders “quality” Midwestern towns, going derful account of the past will take you to another in the 19th and 20th fiction and prose. to stations to watch trains and present of train travel, station, near or far. centuries, when trains In India, the trains are bound for Chicago. And you too might vote for the were symbols of a legacy of British impe- we learn much fascinating next big rail bond. Or you Hector Tobar wrote this modernity and industrial rialism, of course, but rail minutiae. simply might do what L.A. review for the Los Angeles power. And today, riding have been transformed After an ill-fated trip resident Zoellner does Times. a train — especially in the into a uniquely Indian United States — can feel institution that unifies an like stepping into a time ethnically and linguisti- machine. cally diverse country. Just Tom Zoellner enters outside of New Delhi, Literary Works in Electronic Databases Copyright LiƟgaƟon this time machine again Zoellner crafts a funny and again in his highly and poignant scene at To: Freelance authors of English language literary works entertaining, lucid and ‘Train’ the brick hut that is the perceptive travelogue ‘Riding the Rails That workplace of gateman Sita Created the Modern “Train: Riding the Rails Ram. What is this proposed seƩlement about? That Created the Modern World—Fromthe Ram’sjobistolower Trans-Siberian to the World — From the Trans- a gate on the trunk line Siberian to the Southwest Southwest Chief’ leading into the capital, ! ! Chief.” It’s an account of By Tom Zoellner. stopping “all the cars and "##$ Zoellner’s travels on six Viking, 384 pp., $27.95. motorbikes and cows and % legendary rail lines, but people” from crossing the ! & '* + 8< it’s really much more than tracks until a train passes. '* %= that: It’s a train lover’s cel- of railroad tracks.” For this, he earns $3 a day. ebration of the great epic Zoellner begins by “The national system of ! " " #$! %$$& story of rail travel itself. taking a ride across Great hand-operated gates is > ? + * Railroads are a mode of Britain from the northern primitive and ponderous, transportation invented, tip of Scotland to Land’s but it all works somehow,” WhatdoIneedtodo? quite by accident, by 18th End at the southwestern Zoellner writes. + @ KV Z KV = Z KV [ century Britons trying to tip of England. Along the On Zoellner’s next stop ' " " ( ! ( keep water out of under- way, he sees the places he visits one of the most ( " (! %$$& ground mines. But they where steam engines first modern countries on K\ + have shaped our notions made locomotives run and Earth. Here, in the U.S., V of time and space more tells how railways cap- the system is not really \ = \ K]V ^ = _ ` "#]{ %|+}'*8> ?%~'%* + 8 = ]## 8 than any other technology tured the British imagina- working well at all. {#] K"V = ^ in human history. tion in the mid-1800s. Zoellner travels from [ < [ _ ` "#]{ “We live in a society One of the first of many New York to Chicago, that was made by the subtle cultural shifts trig- recounting the early, railroads in ways we never gered by train travel, Zoell- glory days of American Final Fairness Hearing think about anymore,” ner writes, was the “great railroads. Then he pays ]#! "#]{ ]#@## '* writes Zoellner, a Chap- social embarrassment” of $900 for a sleeping '* + $## * > \ >\ ]### + man University professor people taking seats in rail berth in a Chicago to + and author of books on cars and finding them- Los Angeles train — an I have new contact informaƟon, whom should I contact? topics ranging from ura- selves “suddenly forced to outrageous sum for a ride "##$ nium to Gabrielle Giffords. talk with strangers.” From whose speed rarely tops + > ? + * + We owe to railroads, he this very British discom- more than 60 mph. The K says, “our abstract notion fort, a new habit was born food is all microwaved, "##$V of time and our sense of — reading on the train — but it’s not the cuisine he + everyday connection with followed by a new busi- has come to enjoy. We see @ "" "#]{ people who may live out of ness model to get books in hills leveled and continent 8 + sight but are made neigh- the hands of middle-class spanned from the Pacific bors through mechanical and affluent passengers. to the Atlantic. means. Under the skin of That’s how W.H.Smith All sorts of historical modernity lies a skeleton and Louis Hachette got figures make unexpected www.copyrightclassacƟon.com Case 1:00-md-01379-GBD Document 41-4 Filed 06/03/14 Page 1 of 11
Exhibit D
Internet Screen Shots
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HDM 300x250 RON HDM Database Class Action Q1 2014 17 Case 1:00-md-01379-GBD Document 41-4 Filed 06/03/14 Page 4 of 11
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U.S. NEWS U.S. New Home Sales Surge in January, Led by Northeast South and West Saw Gains, but Midwest Logged a Decline
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By SARAH PORTLOCK CONNECT Feb. 26, 2014 10:03 a.m. ET
WASHINGTON—Sales of new homes surged unexpectedly in January, easing concerns about a deeper housing-sector slowdown.
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Sales of newly built homes surged in January, an unexpected sign of strength after a long stretch of weakness in the housing sector. Trulia's Chief Economist Jed Kolko joins MoneyBeat to discuss whether home prices have peaked. Photo: Getty Images. Obama to Propose Launch DJ Hub 2 Highway Program New single-family home sales rose 9.6% to a seasonally adjusted annual rate of 468,000 from a month earlier, reaching their highest level since July 2008, the Commerce Department said Wednesday. From a year ago, new-home sales were up 2.2%.
Last month's increase was boosted by sales in the Northeast, where activity expanded by Job Hunt? Dig Up 73.7% and reversed the prior month's declines. The South and West also saw gains, but 3 Those SAT Scores new home sales in the Midwest fell.
New-home sales measures are typically choppy around this time of year as snowstorms and cooler temperatures can shutter construction sites and discourage people from venturing out to look at properties. Because the level of activity is so low, seasonal Russia Plans 4 Military Drills Near adjustments can magnify month-to-month changes, said Pierpont Securities chief Ukraine economist Stephen Stanley.
The figures come after months of slowdown that many economists are attributing at least in part to the tough winter that much of the country experienced. "This was a perplexing Opinion: Stephen report," said Millan Mulraine at TD Securities. 5 Blackwood: ObamaCare and My Real Time Economics In another sign of improvement for the Mother's Cancer Medicine Don't Get Excited by Jump in New Home housing market, home prices last year Sales posted their largest annual gain since 2005, online.wsj.com/news/articles/SB10001424052702304709904579406910208067386?mod%3DWSJ_hp_LEFTTopStories&redirect_hash=AJlzBa0rKQ4A4QUj3eU… 1/3 Case 1:00-md-01379-GBD Document 41-4 Filed 06/03/14 Page 9 of 11 Case 1:00-md-01379-GBD Document 41-4 Filed 06/03/14 Page 10 of 11
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Exhibit E
International Tearsheets
Case 1:00-md-01379-GBD Document 41-5 Filed 06/03/14 Page 2 of 6 20|Friday-Sunday, February28-March 2, 2014 THE WALL STREETJOURNAL. THE WALL STREETJOURNAL. Friday-Sunday, February28-March 2, 2014|9 Case 1:00-md-01379-GBD Document 41-5 Filed 06/03/14 Page 3 of 6 MARKETS OPINION
MinersatRisk GasHopesEbb in Asia Iron-oreprices, in U.S. dollars, Demanding Justicefor GaoZhisheng per metric ton PriceSurge in U.S. Cools Expectations forCheap LNGImports $150 BY JARED GENSER in 2005.Hehas been in and out of ceiving specific replies from the prisons and subject to disappear- Chinese government to itscon- 140 BY ERIC YEP ers, driven investment in export-fo- Gao Zhisheng,one of China’s ances and torturefor nearly a cerns.Inaddition, merely by high- PressureBuilding cused North American gasprojects most prominent and courageous decade. lighting Mr.Gao’s disappearance Thesharp rise of U.S. natural-gas and prompted calls forprices in human-rightslawyersand prison- Officials closed his lawfirm, publicly and triggering aU.N.in- Asian companies hoping to import 130 prices this winter has damped Asian U.S. natural gas in coming years Asia to be based on morefactors ersofconscience, has again disap- disbarred him and placed his wife, quiry, his family has put intense hopes of buying American gason should expect higher prices. Forecast than just the cost of oil in Japan. peared intothe bowels of the Chi- Geng He,and their young children pressureonthe Chinese govern- the cheap when exportsbegin in a U.S. prices, dollars per million British “The question is howwecan re- 120 nese state’ssecurity system. For under 24-hour surveillance. Police ment to respond. While this alone couple of years. thermal units flect, reasonably,the supply-demand morethan ayear,his family has stationed inside the family’s home is ahelpful step forward, much Winter storms and bittercold in situation of LNG,” said Kazu Toyoda, desperately tried to access him in repeatedly harassed them. In moreneeds to be done. $6 recent weeks boosted demand in the chief executiveofJapan’sstate- 110 Shaya prison in Xinjiang,aremote school, the children were taunted Theinternational community, U.S. Prices have eased recently,but backed InstituteofEnergy Econom- JASONDJF provinceinwestern China. But all and put under constant watchby including the United Statesand had surgedtomorethan $6 per mil- ics. Asianbuyersmay be able to de- 2013 ’14 these effortshavebeen rebuffed the police—even when using the United Nations,must demand 4 lion British thermal unitsthis velop an alternativetothe existing Sources: The Steel Index; Reuters (photo) Ships wait to be loaded with iron oreat and no one has seen or heard restroom. Because of this unbear- proof from the Chinese govern- month from about $3.70MMBtu in pricing mechanism by establishing The Wall Street Journal Port Hedland, Western Australia from him sinceJanuary2013.In able treatment, Geng He and her ment that Mr.Gao is aliveand lateNovember. 2 tradingand pricing hubs in places response to Mr.Gao’s most recent children fled China and have since ers insist that his family be granted ut
Although seasonal, this price such as Singapore, Shanghai and To- disappearance, his wifeonThurs- been granted asylum in the United Re monthly access to him as is re- surge has confirmed worries by kyo, he said. States. Protesters demonstrateoutside aChinese liaison officeinHong Kong in 2010. quired by Chinese law. Theworld some Asian gasbuyersthat U.S. gas 0 Buyers in Asia also want some Mr.Gao’s family is safenow, must urge Mr.Gao’s immediate 2015 ’16 ’17 ’18 ’19 ’20 Iron Prices Critical Aprominentlegalactivisthas exports, when they begin, won’t be insulationfromwild pricemoves but he remains in danger.In2006, lowedtovisit him only twicefor moreurgent than ever that China and unconditional release. available at prices as lowasprevi- Source:Citi Research caused by bad weather. disappeared intothe Chinese he made acoercedconfession to half an hour on each occasion. Al- not be allowedtodisappear Gao At aminimum, foreign leaders ously expected. The Wall Street Journal “The recent volatility in Henry “inciting subversion” and was though scheduled forrelease on Zhisheng again with impunity. should pressBeijing to release Mr. Asian powerproducersmay now Hub has certainly introduced an ad- To Paying Off Debt securitysystemagain. given asuspended three-year Aug.22, he has nowdisappeared On Thursday, his wifelodged a Gao on time instead of finding be reassessing the shareofU.S.gas ditional discussion point in the gen- prison term. In 2007,Chinese offi- onceagain, leaving his family with complaint with the U.N. Working renewedexcuses to extend his in their futureenergy mix and re- shima nuclear disaster,which shut eral debateastohow long oil index- cials tortured him by shocking renewedand urgent questions Group on Enforcedand Involun- detention, as it has done in other considering calls forthe benchmark- most nuclear powerplantsinJapan, ation will be prevalentinAsia, BY RHIANNON HOYLE cember,fromanestimated 57% this dayinGenevafiled acomplaint to him with electric batons,holding about his health and safety. tary Disappearances,abody of the cases.Washingtonmust also exert ing of regional gasprices against and looking fornew suppliersto which we saywill be sustained for past December,ifprices hold around the United Nations,urging it to lit cigarettesuptohis eyes,and Mr.Gao’s imprisonment, torture Human RightsCouncil. Thesub- pressureonthe Chinese govern- thevolatile U.S. gasmarket. supplement the exportsfromSouth- quitesome time” said Anthony SYDNEY—Iron-oreprices have US$124aton over 2014. At an aver- conduct an investigation intohis piercing his genitals with tooth- and disappearances have brought mission notes that Mr.Gao’s fam- ment to confirm that Mr.Gao will “I think alot of people were east Asia, the Middle East and Aus- Barker, general manager of BG Sin- tumbled to an eight-month low, put- ageofUS$100 aton, the company whereabouts. picks.Onother occasions,they tremendous suffering to him and ily is “distraught because they be provided aChinese passport thinking that U.S. LNG export vol- tralia that they rely on now. gaporeGas Marketing. ting asqueeze on mining compa- would be able to cut that ration to Aself-taught advocateand le- put him in restraintsand beat him his family.Intestifying recently have no idea whether he is even and the ability to travel to Amer- umes were ano-brainer,but with LNG supply contractsinAsia are Despiteits high pricenow,the nies’profits as they race to repay only 53% by the end of this year,it galrightsdefender,Mr. Gao was repeatedly with handguns.In beforethe U.S. House Committee alive.” It goes on to emphasizethe icaupon his release. HenryHub spiking,some arenow oftenbased on the Japan Crude fundamentals forimporting U.S. gas the money they borrowedtoexpand estimates. oncerecognized among the coun- 2009 and 2010,policedisappeared on Foreign Affairs, Mr.Gao’s Chinese government is violating It is time to reuniteGao Zhish- thinking twice,” aSingapore-based Cocktail, the cost of abasket of to Asia remain intact, although the their operations. “Ifthe iron-orepriceholds up, try’stop 10 lawyersbyChina’s Mr.Gao and tortured him further. daughter Gracereflected on her itsown laws allowing forregular eng with his family.Heand his gastrader said, referring to the crude-oil grades imported by Japan. pricedifferential has narrowed. Citi Aslackening in demand from Chi- ourprofitwill be strong…but it de- MinistryofJustice. Yethis advo- In December 2011, just before family’s insurmountable pain and family visits, writtencorrespon- loved ones have suffered long benchmark gaspriceinthe U.S. Using these oil-linked contracts, Researchforecaststhat long-term nese steel mills has crimped iron-ore pends on wherethe pricesits” as to cacy forthe country’smost vul- the expiration of his suspended loneliness. “I believethat when we dence, and access to counsel. enough. When gasistransported on Asian buyerspay about $18 MMBtu, U.S. gasprices arelikely to settle in prices over thepast six trading days. howfast Fortescue canrepayits nerable,including factorywork- sentenceand after20months of speak out formyfather ...we Ms.Geng hopes the Working ships,itneeds to be supercooled far aboveU.S.prices.Spot prices in the mid-$5 MMBtu range, making China buysaround 60% of the iron loans,Mr. Pearce said. ers, coal miners, victims of land having been held in unknown protect our ownfreedom and Group will urge the Chinese gov- Mr. Genser is the founder of intoliquefied natural gas, or LNG. Asia surgedtomorethan $20 the U.S. acompetitiveLNG exporter. oretraded by sea, turning it into Rio Tintohas also made debt re- seizures,and persecuted Chris- locations,the Xinhua news agency values,” she said. ernment to conduct an investiga- Freedom Now, an advocacy Asian utilities,long the biggest MMBtu recently because of ahard “U.S.LNG exportsare expected to steel forindustries ranging from duction apriority amid an industry- tians and Falun Gong practitio- announced that Mr.Gao would be DespiteMr. Gao’s latest disap- tion intoMr. Gao’s disappearance. organization that serves as buyersofthis type of relatively winter. redefine pricing and structureinthe construction to automanufacturing. wide push to cut spending and make ners, led the authorities to target imprisoned forthe remainder of pearance, it is hoped he is manag- Although the processitself can international pro bono counsel to clean fossil fuel, have been bulking Thewide Asia-U.S.pricegap has global LNG markets,” Citi’sAnthony But steelmakershavebeen con- mines moreprofitable.Executives Mr.Gao and his family with his original sentence. Sincethen, ing to endure. But hope must be take manymonths,the Working Gao Zhisheng, Liu Xiaobo and up ordersinthe wake of the Fuku- attractedthe interest of Asian buy- Yuen said. cerned of latethat credit to property want to rein in the debt pile that threatsand intimidation starting family membershavebeen al- accompanied by action and it is Group has agood historyofre- their families. developersisdrying up,which could built up as the Anglo-Australian portend aslump in the real-estate companyexpanded itsmines and in- Legal Notice market and atumble in the demand frastructureindozens of countries, U.S. District Court forthe SouthernDistrict of New York forbuilding materials. including Australia, the U.S. and RobertMontefusco, asenior bro- Mongolia. It also used loans to help LiteraryWorksinElectronic Databases CopyrightLitigation keratLondon-based Sucden Finan- fund several ill-timed acquisitions, The Growth Revolutions Erupt cial, said iron-oreprices mayhave including the US$38 billion pur- To:Freelanceauthors of English language literaryworks further to fall, as steelmakersare chase of Canada’sAlcan. likely to delaynew purchases until This is asummary notice of arevised class action settlement. Please read this notice. It may affect your legalrights. they cansecurecargoes at abig dis- cession growth spikeinthe U.S. Maddison describes 1820 till Whatisthis proposed settlement about? count. The industry-benchmark [Wonder Land ] never happened, meaning the The CapitalistEpoch.ToBeContinued? 1950 as the “capitalist epoch.” He To companies such as RioTinto world’speople missed out on alot means that admiringly.The tools Asettlement has been reached in aclassaction lawsuitalleging that commercial electronic databasesand newspapers and priceofironore dropped GDP per capita in 1990 international dollars, years 1000-1995 magazines infringedthe copyrights of freelanceauthors. The lawsuitalleges that newspapers and magazines, afterpublishing PLCand Fortescue Metals Group BY DANIEL HENNINGER of productiveeconomic activity. of capitalism unlocked the knowl- the works with the authors’ permission, then sold them to the electronic databases without the authors’ permission. The current Ltd., which have pledged to cut debt to US$117.80 aton on And don’t hold your breath. Ac- $20,000 edgecreated untilthen. What Japan settlement is arevision of aprevious proposed settlement that wasreached in 2005. and boost returns to investors, fall- Wednesday, the lowest All futurehisto- cording to the Congressional Bud- 17,500 came to be called “economic ing prices areaworry. Fortescue,in ries of the Obama getOffice’soutlook report this growth” gavemorepeople jobs The settlement applies to English language literary works that were reproduced on acommercial electronic database without West Europe particular,has been racing to pay sincelastJuly. presidencywill an- Feb. 4, “The growth of potential 15,000 that liftedthem and their families the authors’ permission. Works may still be eligible even if not registered with the U.S. Copyright Office, and even if theywere China originally published outside the U.S. Excluded are works for hire and works for which the author granted electronic rights to the down debt with cash flow from re- alyze the phrase GDP over the next 10 yearsis 12,500 from the muck of joblessnessand cord sales of iron oreproduced at its “leading from be- much slowerthan the average poverty.Maddison also noted that original publisher. 10,000 Australian mines.Rio Tintosays hind”—the idea since1950.” Notslower. Much much of the world did not partici- Freelance authors werenotified of the previous settlement, and the deadline forsubmitting compensation claims under iron-oreprices that averaged US$126 Rio Tintoisthe world’ssecond- that the U.S. superpowershould slower. 7,500 pateinthe capitalist epoch. No that settlement was September 30, 2005. Additional details about eligible works and your options are contained in the full Notice ametric tonin2013 enabled it to biggest producer of iron ore, after behave as no morethan aco-equal Hang around the Washington wonder they revolt now. of Revised Class Action Settlement, available at www.copyrightclassaction.com. 5,000 shave US$4 billion from itsdebt load Vale,and relies on sales of the mate- partner in managing the affairsof political and pundit classthese This historyisworth restating WhatdoIneed to do? in the latterhalf of the year. rial forthe majority of itsearnings. the world. Chapterswill be de- days,and youget the impression 2,500 because the importanceofstrong Class membershavethree options: (i) do nothing; (ii) exclude yourself from the settlement; (iii) object to the settlement. Thepriceofore with 62%iron Underscoring the risk that vola- votedtolaying this revisionist this doesn’t mattermuch. We’ll 0 economic growth, and the un- content delivered to Beijing’sTianjin tility in prices posestoits bottom templateoverLibya, Syria and muddle through lowgrowthtill 1000 1500 1820 1995 avoidable necessity of aU.S.that To remain aclass member,you do not need to do anything. To be eligible forasettlement payment, youmust have already port—the industrybenchmark—fell line,Rio Tintohas noted that, had Iran. Thereisone area, though, in the sun comes out again. Raise the leads that growth, maybedisap- submitted atimely,valid claim under the previous settlement in 2005. If you did so, then you need to do nothing further to Source:Angus Maddison participate in the settlement. (You will eventually hear from the Claims Administrator about the validity of your claim.) to US$117.80 aton on Wednesday, iron-ore prices averaged US$113 a which the returns arealready in minimum wage,createmoretax pearing down the memoryhole of the lowest sincelast July,meaning tonlast year,its US$10.2 billion in creditsorspend $300 billion pour- public policy, on the leftand even Youmay still exclude yourself from the settlement. Youmust (1) mail awritten request for exclusion, postmarked by minersmay have to slowtheir debt annual underlyingearningswould ing federal concrete, and the three yearsago. As in Ukraine or Francereported record unemploy- among some on the right. Both May 9, 2014, Electronic Databases Copyright Litigation,EXCLUSION REQUEST,c/o GCG, PO Box 10033, Dublin, OH 43017- repayments. Prices edged 0.2% have been reduced by US$1.2 billion. TheUkrainianswant what clouds will part. Venezuela, the scenes from Middle ment this week. sharethe grim viewthat the U.S. 6633, or (2) submit an exclusion request online at www.copyrightclassaction.com by that date. higher ThursdaytoUS$118 aton. Rio Tintowantstocut itsnet the U.S. has:the benefits Youthink so? Let’stry to de- Eastern capitals were the same: TheU.S.and Western Europe economyisflatlining,and the To object to the settlement, you must file awritten objection by May 9, 2014. Fortescue built up hugedebt debt to the “midteens” of billions scribe as provocatively as possible thousands of young demonstrators have lived through these recent grim fight is over howtodivide Further information on each option is available at www.copyrightclassaction.com. during adecadelong campaign to over the next few years, from of real economicgrowth. the futurethat aslowerU.S.econ- (a million in Cairo’sTahrir yearswith the illusion that eco- what’sleft. break the dominanceofrivals such around US$22billion in mid-2013. omywill produce, and we don’t Square), bonfires and bloodshed. nomic mediocrity can’t be so bad Thereisnoalternativeto FinalFairness Hearing as Rio Tinto, BHP Billiton Ltd. and To be sure, some analystsdon’t mean the coming Medicare-cost Yes, it’sabout political freedom because they’vehad no Orange strong economic growth. None. Ahearingonthe proposed settlementwillbeheldJune10,2014at10:00 a.m.byU.S.District Judge GeorgeB.Daniels, U.S. Vale SA in supplying China with expect iron-oreprices to keep falling. on this newnotion of American bomb.Ifthe American economic and corruption, but leftunseen be- Revolutions on their lovely streets. They know this in Beijing,Seoul, District Court, 500 Pearl Street, NewYork, NY 10007, to determine whether the settlement should be approved. Class members iron ore. At itspeak,Fortescue Perth-based Morgans analyst leadership: Forfiveyears, the U.S. engine slows permanently to cause it can’t be photographed in In fact, these vain and decelerating Kuala Lumpur,Jakarta, Warsaw, or their counsel may appear in Court. owedmorethan US$12 billion. It be- James Wilson attributed recent price has been leading the world econ- about 2%, you’regoing to see these upheavals is the reality of advanced economies areliving off Bratislava,Taipei, even Hanoi. The Ihavenew contact information,whomshould Icontact? ganpaying down itsloans last year, falls largely to seasonal changes in omyfrombehind. It’snot pretty. morefires around the world like economic hopelessness. the accumulated inheritanceofa missing pieceisaglobal growth but still had US$8.6 billion in debt demand,asChina’sconstruction ac- Acrossthe postwarperiod, the Ukraine and Venezuela. At the Mainly that means massivejob- centuryand ahalf of good growth. agenda led by aU.S.president and If you have changed your mailing or e-mail address since the original settlement in 2005, you should notify the Claims aftersubtracting cash on itsbalance tivity slowedduring the northern- U.S. has been the “engine” that margin, the world’sweakest, most lessness, notably among young AngusMaddison, the lateand Treasurysecretarywho aren’t fun- Administrator,whose contact information is in the full Notice of Revised Class Action Settlement. If the Claims Administrator sheet at the end of December. hemispherewinter.Heexpectsprices pulls the world economy. That en- misgoverned countries will pop, people.It’s39% in Egypt and 38% eminent economist forthe OECD, damentally at odds with capital- does not have your correct contact information, you may not receive your settlement payment (assuming you already submitted a valid claim in 2005) or notice of important developments in this class action. ChiefFinancial Officer Stephen of between US$110 aton and US$130 gine hassputteredthe past five and violently. foruniversity graduates in Tunisia. produced afamous chart in 1995, ism. Therevivaloftax reform an- Pearce said Fortescue wanted to pay aton in the coming months,support- years, with annual U.S. growth ro- No oneinour politics should We arewitnessing growth revolu- depicted nearby.For the longest nounced this week (and on these Please do not contact the Court. back “another couple of billion” dol- ing mining-companyprofits. tating around 2% rather than the be so naïve as to think that in a tions.Why areUkrainians fighting time—basically from afterthe Gar- pages)byHouse Ways and Means Dated: January 22, 2014 larsbythe end of 2014, but ac- “Even at current prices,itisstill historic averageabove3%. Econo- dangerously low-growth world, and dying to join the low-growth den of Eden until the 19th cen- Chairman Dave Camp is astart. By Order of the Court knowledged the paceatwhich it areasonable profit forthese guys,” mies elsewhereare faltering or the U.S. won’t have to get“in- European Union? Because the EU tury—economic benefit forthe av- In apuckish moment, Angus The Honorable George B. Daniels would be able to paywould depend Mr.Wilson said. choking.EvenChina is decelerat- volved.” Weakening economies has asystemthat makes real eco- erageperson in the West or Japan Maddison did saythat income in- heavily on the strength of iron-ore But, if prices do start to fall be- ing.The European Union this week breed anger and political volatility, nomic growth theoretically possi- wasflat as toast. TheMona Lisa equality wasrather minimalinthe prices. lowUS$110 aton, “then that’swhen predicted weak growth through as in the 1930s,and if the flames ble,unlikeerratic Russia. Aligned aside,therewas areason someone 11th century. Now those were the Australian broker Morgans fore- you’ll probably see people starting 2015. gethigh enough, there will be U.S. with the EU,afreePoland has back then said lifewas nasty,brut- days. www.copyrightclassaction.com caststhat Fortescue could reduceits to re-evaluatetheir expectations,” Afterthe great recession ended bootsonthe ground somewhere. grown, even if Italy and France ish and short. Then suddenly,new debt-to-equity ratio to 41% by De- he said. in early 2009,the normal post-re- TheArabSpring erupted just have fritteredaway what they had. wealth spread broadly. Write to [email protected] Case 1:00-md-01379-GBD Document 41-5 Filed 06/03/14 Page 4 of 6
10|Friday-Sunday, February28-March 2, 2014 THE WALL STREETJOURNAL. THE WALL STREETJOURNAL. Friday-Sunday, February28-March 2, 2014|19 IN DEPTH BUSINESS &FINANCE
Maersk Cites Risks Bullion Bounce Gold prices have risen this year,reflecting increased investordemand, following asteep 2013 decline. SPDR Gold Shares holdings, Investors’ net bullish Gold futures price, monthly change bets on gold, weekly Feb. 18: daily From Freight Rates February: 90,942 $2,000 atroyounce 50 metric tons 10.54 tons 100,000 contracts BY COSTAS PARIS about 15% of global container-ship- 0 80,000 1,800 AND CLEMENS BOMSDORF ping capacity—reported a$1.5bil- lion net profit, morethan three Danish shipping and oil conglom- times the $446 million it made in –50 60,000 1,600 Thursday: erate A.P. Møller-Maersk A/Ssaid 2012. Theincrease derived mostly Thursdaythat stringent cost cuts from lowerfuel consumption, which $1,331.60 and increased volume helped boost fell 12% in 2013.That came in part –100 40,000 1,400 itscontainer businessinthe fourth through slowsteaming,aprocess in quarter. which moreships aredeployedat –150 20,000 1,200 But the world’sbiggest con- specific trade routes but sail at slow tainer-shipping companywarned of speeds,consuming lessfuel. unstable freight ratesasnew capac- Maersk said it expectsMaersk –200 0 1,000 2013 ’14 2013 ’14 ’13 ’14 ity comes online.Likeother ship- Line to deliver similar earningsthis ping companies,Maersk Line,the year but with fewercost reductions Sources: SPDR Gold Shares (holdings); CFTC(bets); SIX Financial Information (prices)The Wall Street Journal group’scontainer-shipping business, than in 2013.Global demand forsea- has been hit by weak freight de- borne container transportation mand at the same time as the indus- should increase by amodest 4% to trystruggles with overcapacity on 5%, the companysaid. Gold Bugs Reset Their Bets the busiest shipping routes. “The challenging demand side is Forthe fourth quarter of 2013, coupled with asignificant amount of Maersk posted anet profit of 5.13 newtonnagedelivered, correspond- Continuedfrom first page omyevery month, ratesare ex- “Ifyou’reexpecting gold to earn billion Danish kroner ($941 million), ing to acapacity increase of 9.8%” about the financial stability of Tur- pected to rise,making holding dol- areturn, we’reasking clientstore- down 7.4% from 5.54 billion kroner in 2014, Maersk said. “Thus,without key and Argentina, and fearsofa lars amoreattractivealternative consider owning it,” she said. Ms. ayear earlier,but beating analyst significantcapacity adjustments, the default by Ukraine morerecently, and reducing the allureofinvest- Bartels expectsgold prices to end expectations of 4.5billion kroner. container-shipping market is most prompted some investorstoseek mentssuch as gold. Much of gold’s theyear at $1,100 an ounce, alevel Fourth-quarter revenue totaled likely expected to see acontinued safety in gold alongside the U.S.’s fall in 2013 came afterthe Fedbe- notseen sinceApril 2010. 65.67billion kroner,down5.6%from downward pressureonfreight rates dollar and Treasurybonds. gansignaling in Mayitwas consid- Still, thereare plenty of inves- 69.56billion kroner ayear earlier. in 2014.” Meanwhile,the U.S. economyis ering an end to bond purchases. tors looking forsafeplaces to park Net profit forthe full year,which Thecompanysaid average underperforming,with indicators To be sure, most investorsbe- their cash, and gold is one of the Maersk reportsindollars, was$3.78 freight ratesfell 7. 2% last year. foremployment, consumer confi- lievethe Fedwould need to see sev- cheapest forms of protection, said billion, slightly abovethe company’s Thecapacity of Maersk’sfleet in- denceand manufacturing coming in eral moremonths of weak datato William Larkin, portfolio manager ownforecast of $3.5 billion but be- creased 0.2% in 2013 as it added belowexpectations in recent weeks. slowthe cutstoits asset-purchase with Cabot Wealth Management lowlast year’s $4.03 billion. four giant Triple-E vessels that can Gold rose Thursdayafter Federal program. If the Fedstays on course, Inc., in Salem, Mass.,with $550 mil- Underlying group net profit this move18,000 containerseach. An ad- Reserve Chairwoman Janet Yellen bond yields arelikely to rise,put- lion under management. year is expected to be similar to last ditional 16 Triple-E’sare scheduled said the central bank might consider ting downward pressureongold, “Gold had amiserable 2013—this year’s figure of $3.6 billion from fordeliveryduring 2014-15. apause in itsreduction of bond which yields nothing,said MaryAnn thing has been takenout to the continued businesses,Maersk said. TheTriple-E’swill sail the Asia- buying if weaknessinthe U.S. econ- Bartels, chief investment officer for woodshed, so Isee some value But apreviously announced sale of to-Europe trade route, whereana- omypersists. portfolio strategies at Merrill Lynch here,” Mr.Larkin said. He has been itsholding in supermarket chain lystssay overcapacity is running at As the Fedreduces the amount Wealth Management, which has $1.9 purchasing shares of SPDR Gold Dansk Supermarked A/Smeans the 10% or more. “Weexpect freight of money it pumps intothe econ- trillion in assetsunder management. Shares over the past two months.
ers group result will be higher in 2014. ratestogoupand down and overca- ut
Re Maersk Line—the group’slargest pacity will continue to 2016,” Across Japan, thereare signs thatthe collectivemood is in the midstofashift as tensions with China and South Koreaescalate.Mr. Abe’sDecember visit to aWorld WarIIshrine, above,stirred global controversy. business, which accountsfor about Maersk Chief ExecutiveNils Ander- Legal Notice half of itsrevenue andmakes up sen said in an interview. U.S. District Court forthe SouthernDistrict of New York BUSINESS BRIEFS LiteraryWorksinElectronic Databases CopyrightLitigation To:Freelanceauthors of English language literaryworks Tensions Around Asia Stoke PHARMACEUTICALS were down 4.2% at €7.47 billion from This is asummary notice of arevised class action settlement. Please read this notice. It may affect your legalrights. BayerAcquires ChineseFirm €7.80 billion in the year-earlier period. Whatisthis proposed settlement about? Excluding the impact of foreign- Asettlement has been reached in aclassaction lawsuitalleging that commercial electronic databasesand newspapers and Bayer AG will acquireChina’s Dihon exchange rates, sales fell 1.1%. magazines infringedthe copyrights of freelanceauthors. The lawsuitalleges that newspapers and magazines, afterpublishing Pharmaceutical Group Co.for an “Whatyou’re actually seeing is that the works with the authors’ permission, then sold them to the electronic databases without the authors’ permission. The current undisclosed amount, continuing a during 2013 consumers have become settlement is arevision of aprevious proposed settlement that wasreached in 2005. series of bolt-on acquisitions aimed at even moreaware of the pressureon The settlement applies to English language literary works that were reproduced on acommercial electronic database without strengthening its health-carebusiness, their income,” Chief ExecutiveDick the authors’ permission. Works may still be eligible even if not registered with the U.S. Copyright Office, and even if theywere Rising Nationalism in Japan the German drug and chemicals Boer said in an interview, adding that originally published outside the U.S. Excluded are works for hire and works for which the author granted electronic rights to the companysaid Thursday. this became especially visible in the original publisher. “This acquisition movesusintoa second half of the year. leading position among multinationals Robin van Daalen Freelance authors werenotified of the previous settlement, and the deadline forsubmitting compensation claims under in the over-the-counterindustry in that settlement was September 30, 2005. Additional details about eligible works and your options are contained in the full Notice Worries Over Economy, Fears of Beijing’sMuscle-Flexing Spur Feelings of Mistrustand OutrightHostility of Revised Class Action Settlement, available at www.copyrightclassaction.com. China,” Chief ExecutiveMarijn Dekkers FASHION said. TaxChargesHit Luxottica WhatdoIneed to do? BY YUKA HAYASHI and anti-China sentiment.” sional testimonythat the U.S. remained Jung-ha, asenior South Korean diplomat, Dihon is aprivately held drug maker Class membershavethree options: (i) do nothing; (ii) exclude yourself from the settlement; (iii) object to the settlement. Tokyo Pacifism still runs deep in Japan, and the concerned about a“serious downturn” in said at aUnited Nations meeting in January. thatspecializes in OTCdrugs and Italian eyewear maker Luxottica To remain aclass member,you do not need to do anything. To be eligible forasettlement payment, youmust have already shifttothe right is in itsearly stages.But China-Japan relations.Hecalled on the na- Japan under Mr.Abe seems to be repeat- traditional Chinese herbal medicine, SpA said its net profit fell 65% to submitted atimely,valid claim under the previous settlement in 2005. If you did so, then you need to do nothing further to movie glorifying the lifeofaWorld the tone is already influencing Japanese tions to “lowertensions” and “turn down ing the mistakes of GermanybeforeWorld with annual sales of €123 million €25.9 million ($35.5 million) in the last participate in the settlement. (You will eventually hear from the Claims Administrator about the validity of your claim.) WarIIkamikazepilot recently politics,with the emergenceofanew wave the rhetoric.” WarIand those of Japan beforeWorld War ($168 million) and 2,400 employees. quarter of 2013 because of atax audit A Youmay still exclude yourself from the settlement. Youmust (1) mail awritten request for exclusion, postmarked by topped the box-officechartsinJapan of candidates—mainly in their 30s and With Japanese and Chinese fighter jets II, said Yang Bojiang,aJapan expert at the Its products, which include scalp thatresulted in increased charges of fortwo months.Tokyo book stores have set 40s—who hold staunchly conservative and patrol ships continuing cat-and-mouse government-backed Chinese AcademyofSo- treatments and skin creams foracne €26.7 million. May 9, 2014, Electronic Databases Copyright Litigation,EXCLUSION REQUEST,c/o GCG, PO Box 10033, Dublin, OH 43017- up cornersfor titles disparaging Japan’s views similar to those of America’stea chases near disputed islands in the East cial Sciences, in acommentaryonMonday and dermatitis, arealso sold in other Yet, the company’sboardproposed 6633, or (2) submit an exclusion request online at www.copyrightclassaction.com by that date. neighbors. Anonymous authorswith radical party. China Sea, other U.S. officials,including in the People’sDaily,the Communist Party’s Asian markets outside China. to raise its dividend to 58 European To object to the settlement, you must file awritten objection by May 9, 2014. nationalist views,known as neto uyo, short In aTokyo gubernatorial election in Feb- Vice President JoeBiden, have warned of newspaper.“This must arouse the vigilance Neetha Mahadevan centsasharefrom49European cents Further information on each option is available at www.copyrightclassaction.com. for“right-wingersonthe Internet,” are ruary, Gen. Toshio Tamogami, aformer air- the risk of dangerous clashes. of peace-loving countries of the world to ashare. thriving on Twitterand chat pages. forcechief who heads aright-wing group ManyJapanese officials and lawmakers prevent humanity from being draggedonce BANKING Full-year net profit increased by 2% FinalFairness Hearing AcrossJapan, thereare signs that the known forits xenophobic rallies,snared an interpret the changes differently.They say again intothe abyss of war,” he said. Ahold Pledges Cost Cuts compared with 2012, at €544.7 million, Ahearingonthe proposed settlementwillbeheldJune10,2014at10:00 a.m.byU.S.District Judge GeorgeB.Daniels, U.S. collectivemood—long shaped by pangsof unexpectedly large shareofvotes,even that citizens arefinally responding to what China and South Koreahavealso seen but the adjustednet profit rose 10% District Court, 500 Pearl Street, NewYork, NY 10007, to determine whether the settlement should be approved. Class members regret over World WarII—is in the midst of though the country’straditional media had they see as persistent and unjustified at- nationalist bumps in recent years. But the Ahold NV will continue cutting compared with the previous year,to or their counsel may appear in Court. ashiftastensions with rivals,especially all but writtenhim off as afringefigure. An tacks from China and South Koreaoverwar- trend in Japan is especially sensitive, given coststooffset pressureonits €617.3 million. Luxottica said thatthe Ihavenew contact information,whomshould Icontact? China and South Korea, escalate. exit poll by the Asahi Shimbun daily indi- time-legacyissues.They saythose countries itshistorical role as an aggressor in World businessasbargain-hunting adjustmentisrelatedtothe tax audit FearfulofBeijing’smuscle-flexing in catedthat 24%ofrespondentsintheir 20s have refused to acknowledgeJapan’sre- WarII. Thelast time Japan sawasharp rise consumers in its main markets keep a concerning the year 2007, which If you have changed your mailing or e-mail address since the original settlement in 2005, you should notify the Claims Administrator,whose contact information is in the full Notice of Revised Class Action Settlement. If the Claims Administrator nearby waters and worried about Japan’s had votedfor Mr.Tamogami, who lost the peated effortstoapologizeand to atonefor in nationalism wasinthe 1920s and 1930s, lid on their spending. resulted in increased charges of €26.7 does not have your correct contact information, you may not receive your settlement payment (assuming you already submitted a economic future, morepeople areexpress- race. itswartime atrocities. the period leading up to war. At the time, Ahold, which generates around 60% million forthe company. The group has valid claim in 2005) or notice of important developments in this class action. ing feelingsofnationalism, mistrust and Therise of amore-vocal nationalist mi- Chinese and South Korean officials dis- the countrywas struggling amid the after- of its sales in the U.S., said Thursday decided to paythe charges and sometimes outright hostility toward their nority in Japan is cause forconcern among misssuch notions.Criticizing Tokyofor math of ahugeTokyo earthquakeand the thatfourth-quarter net profit fell 10% allocate provisions of €40 million for Please do not contact the Court. neighbors. foreign officials not just in East Asia, but what they see as revisionist history, leaders global depression. because of divestments and pressure anyfuturesimilar situation. Dated: January 22, 2014 “Ideas that have long been suppressed also in the U.S. Some leadersfear it could of the two countries have refused to meet Unlikeinthat era, today’sJapan is ama- on volumes and prices. Manuela Mesco By Order of the Court and locked away,likethe desiretohate exacerbateregional tensions and increase privately with Prime Minister ShinzoAbe ture democracythat has contributed to in- Net profit was€215 million ($294 The Honorable George B. Daniels anddiscriminate, arenow pouring out the odds of aconfrontation between China sincehetook office14months ago. ternational peacefor decades.Its militaryis million), compared with €240 million a from manycornersofthe countryand and Japan—the world’ssecond-largest and “It is deplorable that leading Japanese tightly under civilian control. Manypolitical year earlier.Lastyear’s figures included Online>> amplifying each other in an echo chamber,” third-largest economies afterthe U.S. politicians have recently been attempting to scientistssay that Japanese society has the income of €59 million from Ahold’s Formorebreaking news,goto says Kiyomi Tsujimoto, aveteran opposition Daniel Russel, Assistant Secretaryof denyand even justifypast wrongdoing with flexibility to push back the pendulum if it former ICA jointventureinSweden. WSJ.com/Business and follow www.copyrightclassaction.com lawmaker.“That’sfueling anti-Korea State forEast Asia, said in recent congres- an attitude of historical revisionism,” Kim keeps swinging toward nationalism, as it Sales forthe quarter ended Dec. 31 @wsjbusinessonTwitter. Case 1:00-md-01379-GBD Document 41-5 Filed 06/03/14 Page 5 of 6 Case 1:00-md-01379-GBD Document 41-5 Filed 06/03/14 Page 6 of 6
.... INTERNATIONAL NEW YORK TIMES MONDAY,MARCH 3, 2014 | 5 middle east united states asia world news
A musical front opens in Syria’s civil war Rare gene lifts hope NABATIYE, LEBANON for diabetes therapy
Singer who supports BY GINA KOLATA and diseases, including diabetes. Hezbollah provokes They compared people at either end A study published on Sundayhas found of the spectrum of diabetes risk. One anger and threats a rare mutation that protects even fat group of 352 people had Type 2 diabetes people from getting Type 2 diabetes. even though their risk seemed low. BY BEN HUBBARD The effect is so pronounced —the muta- Their average age was about 50, they AND HWAIDA SAAD tion reduces risk by two-thirds —that it were lean and they did not smoke. The provides apromising new target for de- other group of 406 people wasjust the The insults and threats flow to the sing- veloping adrug to mimic the mutation’s opposite. Their average age wasabout er, Ali Barakat, around the clock. Men effect. 80, and, Mr. Rolph said, ‘‘they had all the call from unknown phone numbers and Thestudy, based on genetic testing of bad habits —they were overweight, say nasty things about his mother. Oth- 150,000 people, found that the mutation they drank, they smoked.’’ And yet ers send him photos of dead bodies and destroys a gene used by pancreas cells these people did not have diabetes. tell him to join them in the grave. Still whereinsulin is made. Those with the Two of the fat older people who were othersthreaten to dispatch carbombs mutation seem to make slightly more in- free of diabetes turned out to have a and suicide attackers. sulin and have slightly lower blood gluc- mutation that destroyed one copyofthe It allstarted when Mr. Barakat, a 33- ose levels for their entire lives. ZnT8 gene. It wasintriguing, but hard to year-old supporter of the Lebanese mil- Pfizer, which helped finance the know if the association was meaningful itant group Hezbollah, posted online a study,and Amgen, which owns acom- with only two people. So the researchers rousing new anthem of his, calling on pany whose data played a key role in the expanded their work, studying the genes the group to defeat its rebel foes in a research, are already starting programs of 18,000 people in Sweden, fat and thin, battle near the Lebanese border in a aimed at developing drugs that act like old and young, with diabetes and with- Syrian town called Yabroud. the mutation, the companies said. out. They found 31 people who seemed The booming martial ballad, ‘‘Seal But Timothy Rolph, a Pfizer vice pres- protected from diabetes and had muta- Your Victory in Yabroud,’’ warns ident, cautioned that it could take 10 to tions that destroyed the ZnT8 gene. Hezbollah’s enemies: 20 years to get adrug to market after Then David Altshuler, deputydirec- The soldiers are coming. discovering something new about hu- tor of medical and population genetics They will give you dark days. man genetics and disease. at the Broad Institute of Harvard and O Hezbollah, God be with you. The study, published Sunday in Nature MIT, who was the lead author,met with Seal your victory in Yabroud. BRYAN DENTON FOR THE NEW YORK TIMES Genetics, involved a mutation so rare Kari Stefanson, chief executive of de- Since its release, the anthem has be- Ali Barakat in his studio in Nabatiye, Lebanon. His song urging Hezbollah to defeat rebels in a Syrian town has angered rebels and Sunnis. that finding it was only recently possible, CODE Genetics, acompany with data come yet another flash point in the Syr- with a huge amount data from large on genes and diseases for the entire ian civil war. Those backing the govern- numbers of people, researchers said. population of Iceland. The American ment of President Bashar al-Assad have salt-and-pepper hair, Mr. Barakat swiped While Hezbollah says it intervened in Barakat said he realized that he had ‘‘The study is a tour de force and the drug company, Amgen, bought deCODE spread it on social media. through scores of angry messages on his Syria to fight terrorists who threaten struck a nerve when the song quickly ac- authors arethe top people in the field,’’ and its valuable genetic data base. Rebels and their supportershave re- phone, smirking at the tenacityof his en- everyone in the Middle East, many Sun- cumulated tens of thousands of views. said Samuel Klein, director of the center Dr. Stefanson searched deCODE’s corded their ownmusical rejoinders emies. He would block their numbers on nis in Syria and elsewhere came to see Then the calls started —facilitated by for human nutrition at Washington Uni- data base and quickly found 39 people and accused Mr. Barakat of sectarian in- one chat program only to see them pop the group as an enemy of their sect. the fact that he had put his cellphone versity School of Medicine, who was not out of 5,440 who had a mutation that de- citement. up on another. Then he would block them Mr. Barakat’s repertoireshifted ac- number in the video to drum up busi- involved in the study. stroyedthe gene and who did not have This new musical front in the civil war again, only to find the same person at- cordingly, as he added Syria-related an- nessfor his other line of work: wedding This is the first time in diabetes re- diabetes. In contrast, just nine out of underlines just how much the conflict in tacking him on Facebook. thems, praising Hezbollah for defeating singer. ‘‘I thought it would spread search that a mutation that destroysa 3,727 diabetes patients had the mutation. Syria has inflamed sectarian tensions in ‘‘If you don’t answer him, he tries to rebels in the border town of Qusayr and through the fightersand the listeners gene has provedbeneficial, said Louis ‘‘It took us five minutes,’’ Dr. Stefan- the Middle East and even permeated provoke you and sends photos of him- urging them to defend Shiite religious who are with us and that they would get Philipson, director of the Kovler Dia- son said. ‘‘It was a lovely little afternoon the cultural realm. Where Sunni and self killing someone,’’ he said. ‘‘At 2 a.m., sites. The song that drew the most no- excited to go to the front,’’ he said. ‘‘But betes Center at the UniversityofChica- in our conference room.’’ Shiite singers once aimed their barbed the phone rings, so I put it on silent and tice, however, wasabout Yabroud, a I never expected all of this noise.’’ go. Fordrug development, he said, At that point, Dr. Altshuler said, the lyricsatIsrael, they nowincreasingly set it aside, and when Iwake up in the Syrian town near the Lebanese border Rebels soon responded in kind. Fight- ‘‘that is very powerful.’’ group wrote a paper and submitted it to a target each other. morning, I have 100 missed calls.’’ that had seen large battles recently as ers from an extremist group, the Islamic For scientists, the result wasasur- medical journal. It wasrejected, he said, ‘‘We flattened the army of the Jews,’’ Mr. Barakat’s musical career has in government forces and Hezbollah fight- State in Iraq and Syria, chanted their prise because the same mutation that after one of the reviewers said it must be Mr.Barakat sings, ‘‘and nowit is your many ways reflected the changes in ers tried to seize it from rebels. own version, and asinger from the protects people from diabetes, by de- wrong because it contradicted what was turn in Yabroud.’’ Hezbollah over the years. Mr. Barakat said he got the idea for the Nusra Front, an affiliate of Al Qaeda, stroying one copyof the gene, known as known from studies with mice. Themost inflammatory response is He sang his first anthems for the song during a trip to Syria when he heard sang, ‘‘May God destroy your house, ZnT8, has the opposite effect in some The group went back for more data. an equally rousing tune that tells group when he was a student, he said, Hezbollah fighters preparing to fight in how rotten you are!’’ and called Hezbol- strains of mice. Destroying that gene They mapped the genes of 13,000 more Hezbollah fighters to dig their own and became one of its go-to singersbe- Yabroud. He returned to Lebanon, where lah’s fighters ‘‘monkeys.’’ causes diabetes in those animals. people and once again found mutations graves and threatens bomb attacks cause of his powerful baritone voice. his friends wrote the music and lyrics Enraged that Mr. Barakat had equated The work began four years ago when a destroying the same gene and associ- against areas in Lebanon that support Although Hezbollah’s members are and he recorded the song in his studio on the rebels with the Israeli Army, Ibrahim group of geneticists from academic insti- ated with amarkedly reduced risk of the group, warning them to expect mostly Lebanese Shiites, the group was the second floor of ashopping center, al-Ahmed, a Lebanese opposition singer tutions and Pfizer decided to search for Type 2 diabetes. This time their paper ‘‘body parts with no heads.’’ once praised acrossthe Arab world for above amen’s formal-wear shop and a who livesin Saudi Arabia, recorded his gene mutations that protect against dia- wasaccepted for publication by Nature Thesudden interest in Mr.Barakat’s its unflinching anti-Israel rhetoric and rotisserie chicken restaurant. Thewhole own song, ‘‘Dig Your Grave in Yabroud.’’ betes. The group started with popula- Genetics, Dr. Altshuler said. latest song has raised the singer’s profile, the prowess of its fighters. process took about a day, he said. Calling the group the Partyof Satan, tions in Finland and Sweden, where Now the researchers are asking afact he appears to relish even though After Hezbollah battled the Israeli The resulting song curses the rebels as he appeared to threaten new attackson 28,000 people had been studied for years. whether the mutation has any bad much of the attention is expressed in the Army in 2006, photos of Hezbollah’s terrorists and ‘‘takfiris,’’ or extremists predominantly Shiite suburbs of Beirut, The dataincluded their ages, weights health effects. threats and insults that make his cell- leader, Hassan Nasrallah, were often who consider other Muslims infidels, and known as the Dahiya,which have been phone perpetually ring and buzz. carried in Sunni protests or displayed in calls on Hezbollah to vanquish them. The bombed repeatedly. ‘‘Imagine, 24 hours a day, you reject Sunni homes. accompanying video opens with a mush- ‘‘Your dream, your victory in Yab- calls from the same number and the guy Mr. Barakat, too, had a broad fan base. room cloud rising over Yabroud, followed roud are your illusion, O Hezbollah,’’ he Legal Notice keeps calling,’’ Mr. Barakat said in an in- But Hezbollah’s reputation as the by a Hezbollah flag flying over the town. sang. ‘‘O humiliated Dahiya, wait for U.S. District Court forthe SouthernDistrict of New York terview in his studio in Nabatiye, a town vanguard of ‘‘resistance’’ against Israel Thesong quickly caught the attention body parts with no heads.’’ in southern Lebanon. took ablow after it sent fighters to sup- of antigovernment activists in Syria and Dressed in jeans, a plaid shirt and a tan port Mr. Assad against a predominantly abroad, who considered it sectarian in- Mohammed Ghannam contributed re- LiteraryWorksinElectronic sport coat, with atrimmed beardand Sunni rebel movement. citement and passed it around. Mr. porting from Beirut. Databases Copyright Litigation To:FreelanceauthorsofEnglishlanguage literaryworks
Thisisasummary notice of arevised class action settlement. Please read this Huge ultra-Orthodox rally protests Israeli draft plan notice. It may affect your legalrights.
JERUSALEM into Jerusalem for six hours, as well as the city’scentral bus station, deploying Whatisthis proposedsettlementabout? Asettlement has been reached in aclass action lawsuit alleging that commercial BY ISABEL KERSHNER about 3,500 officers. Thepopular demand for ultra-Ortho- electronic databases and newspapers and magazines infringed the copyrights of In aformidable showof force, hundreds dox men to be drafted has built up since freelance authors. The lawsuit alleges that newspapers and magazines, after of thousands of ultra-Orthodox Jewish the Israeli Supreme Court invalidated a publishing the works with the authors’ permission, then sold them to the electronic men flooded the streets around the law that formalized wholesale army ex- databases without the authors’ permission. The current settlement is arevision of a main entrance to Jerusalem on Sunday, emptions for yeshiva students, ruling in previous proposed settlement that wasreached in 2005. bringing much of the citytoastandstill 2012 that it contradicted the principle of The settlement applies to English language literary works that were reproduced with a protest against a government equality. plan to conscript moreoftheir numbers The ultra-Orthodox sector constitutes on acommercial electronic database without the authors’ permission. Works may for military service. up to 10 percent of Israel’s population of still be eligible even if not registered with the U.S. Copyright Office, and even if Therally,described as amassprayer eight million but is rapidly increasing theywere originally published outside the U.S. Excluded are works for hire and gathering by ultra-Orthodox leaders, because its members favor large famil- works for which the author granted electronic rights to the original publisher. was a largely peaceful expression of ies. Many Haredi men well past draft Freelance authors werenotified of the previous settlement, and the what many hereare calling aculture age opt to stay in religious seminaries, deadline forsubmitting compensation claims under that settlement was war, and one of the most significant preferring study to work and living on September 30, 2005. Additional details about eligible works and your options challenges facing Israeli society. welfare payments. are contained in the full Notice of Revised Class Action Settlement, available at Fordecades, the ultra-Orthodox, Last month, a government committee www.copyrightclassaction.com. known here as Haredim, have been ex- proposed a law establishing annual empted from military service as long as quotas for the drafting of yeshiva stu- they areregistered in ayeshiva,orreli- dents for military or national service and WhatdoIneed to do? gious seminary, and engaged in full-time THOMAS COEX/AGENCE FRANCE-PRESSE calling for criminal sanctions against Class membershavethree options: (i) do nothing; (ii) exclude yourself from the Torah study.Mainstream Israelis, who Ultra-Orthodox men danced Sunday in Jerusalem. The rally drew hundreds of thousands. those who evade the draft if the quotas settlement; (iii) object to the settlement. are conscripted at 18, have come to view arenot met by mid-2017. The billstops To remain aclass member,you do not need to do anything. To be eligible for the enlistment of the fast-growing Haredi far short of enforcing conscription for all asettlement payment, youmust have already submitted atimely,valid claim minorityand its subsequent integration old rivals, came together in an unusual ‘‘If this is the Jewish state, it is one Haredi young men, instead proposing a under the previous settlement in 2005. If you did so, then you need to do nothing into the work force as imperative for the display of unity and strength. Their that must have Torah at the center,’’ gradual increase in recruitment levels. further to participate in the settlement. (You will eventually hear from the Claims viability of the country and its economy. spokesmen accused the government of said Rabbi Mordechai Bloy, an educator Thousands of yeshiva students beyond Administrator about the validity of your claim.) But for the disciplined ranks of ultra- turning Israel into the only country in of Haredi youth in Bnei Brak, amostly draft age, who might never have entered Orthodox men who answered the call of the world where a religious seminary Orthodox town near TelAviv, as he the work force for fear of being drafted Youmay still exclude yourself from the settlement. Youmust (1) mail awritten their rabbis on Sunday, the proposed student could theoretically be jailed for made his way to Jerusalem. ‘‘A Torah when they stopped studying,will be al- request for exclusion, postmarked by May 9, 2014, Electronic Databases Copyright draft bill, and in particular,the call for studying the Torah, though they ac- scholar must not be treated like a drug lowed to start working immediately. Litigation,EXCLUSION REQUEST,c/o GCG, PO Box 10033, Dublin, OH 43017- criminal sanctions, is an abomination. knowledged that in practice, that was dealer.’’ The Israeli Parliament is expected to 6633, or (2) submit an exclusion request online at www.copyrightclassaction.com Allshades of Haredi sects, including unlikely to happen. The police closed the main highway pass the bill into law this month. by that date. To object to the settlement, you must file awritten objection by May 9, 2014. Further information on each option is available at www.copyrightclassaction.com.
FinalFairness Hearing Doctored letter lets Taliban fighters walk out of prison Ahearing on the proposed settlement will be held June 10, 2014 at 10:00 a.m. by U.S. District Judge George B. Daniels, U.S. District Court, 500 Pearl Street, KABUL, AFGHANISTAN er who specialized in orchestrating as- staffin the Kandahar governor’s office. 2008, Taliban fighters attacked the pris- sassinations and suicide bombings. That letter was altered to read 28 pris- on, with a suicide bomber driving a truck NewYork, NY 10007, to determine whether the settlement should be approved. Class members or their counsel may appear in Court. BY ROD NORDLAND ‘‘This is humiliating,’’ said Hajji Agha oners, and the names of the 10 Taliban full of explosives into the gate. Once it Lalai, amember of the Kandahar Pro- insurgents were added to it, he said. Zia wasblown open, 30 insurgents poured For the fourth time in a decade, Taliban vincial Council, who like many officials Durani, spokesman for the provincial in, killing 15 guards and freeing 1,200 Ihavenew contact information,whom should Icontact? insurgents have escaped from a heavily said it was clear that the escapees had police chief, confirmed that account. prisoners in one of the biggest prison If you have changed your mailing or e-mail address since the original settlement guarded prison in the southern Afghan help from inside the prison. ‘‘In Pashto, it is easy to convert a 1 in- breaks in modern history. in 2005, you should notify the Claims Administrator,whose contact information is city of Kandahar,Afghan officials con- Afghan officials did not confirm the to a 2 and make it 28 instead of 18,’’ he Canadian officials rebuilt the prison in the full Notice of Revised Class Action Settlement. If the Claims Administrator firmed on Sunday. prison break until Sunday, but the said. ‘‘We are trying to find out who was after the 2008 attack, making its walls does not have your correct contact information, you may not receiveyour settlement The escape, which happened last Taliban trumpeted their success. involved in this trickery.’’ and gates impenetrable. Then in 2011 payment (assuming you already submitted avalid claim in 2005) or notice of Tuesday at Sarposa Prison, was smaller ‘‘Through cleverly managed tactics, Mr. Lalai, the council member, said 11 the insurgents tunneled under the new important developments in this class action. than previous episodes in which hun- we have freed 23 of our brave muja- prison officials had left with the freed walls for nearly a quarter mile to the dreds of prisoners escaped, but it was hedeen from the Kandahar prison,’’ said Taliban prisoners and had not been seen other side of ahighway, enabling at Please do not contact the Court. particularly embarrassing. This time, Qari Yousuf Ahmadi, the spokesman for since. ‘‘It indicates that a deal was made least 476 of their prisoners to escape into Dated: January 22, 2014 someone altered an official document the Taliban in southern Afghanistan, in to release them, and this is a humiliating waiting cars. After that, the American and at least 10 prisonerswalked unchal- an email to reporters in Kandahar. development for all securityforces in- military helped to rebuild the prison, By Order of the Court lenged out the front gate. Government officials said 10 prison- side and outside the prison,’’ he said. and therewere no further escapes until The Honorable George B. Daniels The escapees are believed to be ers had escaped. An official letter in International donors have twice paid Tuesday’s bureaucratic breakout. among the most prominent insurgents Pashto sent from the National Director- to rebuild the Sarposa Prison to increase who were being held at Sarposa on ter- ate of Security, the Afghan intelligence its security standards after previous es- Jawad Sukhanyar contributed report- rorism charges, followers of Mullah Dad agency, listed 18 prisoners scheduled for capes. It now holds 2,600 prisoners, of ing from Kabul, and Taimoor Shah from Mohammed Munib, a Taliban command- release, said Perwaiz Najeeb, chief of which about 1,500 areinsurgents. In Kandahar, Afghanistan. www.copyrightclassaction.com