The Massachusetts Rules of Civil Procedure contain two provisions by which a defendant can contest the jurisdiction of the court over his person or the sufficiency of the service of process on him. DeLuca v. Boston Elev. . to Mass. Tenn. 1973); Shore v. Cornell-Dubilier Elec. 200 , 202 (1937). Share . Old Parisian metro - Interior a Sprague-Thomson - 1930 (Paris - France) 2003 Intérieur d'une rame de métro de la ville de Paris (France) de type "Sprague-Thomson" datant des années 1930. The return on the writ indicated that service was made on February 16, 1974, by leaving a summons at the defendant's "last and usual place of abode to wit; 14 Otis Street, Boston." Massachusetts Supreme Judicial Court Decisions. He was 76 years old and lived in Paim Beach, Fla., and Cape Elizabeth, Me. Occasionally the digitization process introduces transcription errors or other problems; we are continuing to work to improve these archived versions. He leaves behind a large family consisting of loving grandparents, uncles, aunts, cousins and many wonderful friends that loved him dearly. moving party. Letters of P. W. Sprague to his son Shaw and his daughter Sally 1915-1935 Letters of P. W. Sprague to his son Shaw and his daughter Sally 1915-1935 [Sprague, P. Shaw (Ed.)] On March 25, 1974, plaintiff's counsel was informed by letter from Frederick B. Taylor, the defendant's financial adviser, that the summons had been brought to his office by the caretaker of 14 Otis Place, that he was enclosing and returning it therewith, and that since the defendant was a legal resident of Florida he should be contacted there. on Amazon.com. Dr. Shaw has studied with Ken Cohen, Tom Tam, Sifu Ken Dong, Jason Ames and others in the mind-body arts and sciences. Shaw has 1 job listed on their profile. 550 , 554 (1976). People Projects Discussions Surnames Nichols Assocs. The Sprague Corporation holds approximately 2200 acres of real property in Cape Elizabeth and Scarborough, Maine. In Nichols Assocs. 174 , 179-180 (1975). We therefore need not consider or speculate whether the plaintiff's conduct demonstrated something short of good faith in prosecuting this action to the point of obtaining a default judgment against. STEPHEN H. FARLEY vs. P. SHAW SPRAGUE.
See Burchett v. Bardahl Oil Co., 470 F.2d 793, 797 (10th Cir. After a hearing on February 6, 1976, a judge of the Superior Court denied the defendant's motion, from which denial the defendant appealed to the Appeals Court. In World War II he served in the Navy in the South Pacific, becoming lieutenant commander. He combines the strengths of Traditional Chinese Medicine with the theories of in … lack of proper service and lack of jurisdiction, seeking relief pursuant
View John Shaw's business profile as Energy Manager at Sprague. R. Civ. Get Full Access To Shaw's Info. 419 October 6, 1977 - February 16, 1978 Middlesex County Present: HENNESSEY, C.J., QUIRICO, KAPLAN, LIACOS, & ABRAMS, JJ. Previous to Shaw's current city of Garrett Park, MD, Shaw Sprague lived in Cape Elizabeth ME and Germantown MD. An execution was issued on November 7, 1975. Black Point Corporation is a privately owned entity of the heirs of P. Shaw Sprague who use it to manage their common interests. Shaw Sprague’s full report may contain information on how to contact them such as phone numbers, addresses, and email addresses. Thayer Fremont-Smith (John W. Burgess with him) for the defendant. L'astéroïde (12112) Sprague The primary tie that binds the 3rd, 4th and 5th generation of the family is its ownership of properties in Cape Elizabeth and Scarborough, Maine assembled by Phineas W. Sprague in the early years of the twentieth century. Senior Director, Government Relations at National Trust for Historic Preservation. . Notice of the default was mailed by the clerk to the defendant at 14 Otis Street, Boston, and, because such address had no connection with the defendant, the notice was returned to the court by the postal service undelivered. 824 (1974), regarding motions for summary judgment, provides that where a motion for summary judgment is supported by affidavit, "an adverse party may not rest upon the mere allegations or denials of his pleading, but his response, by affidavits or as otherwise provided in this rule, must set forth specific facts showing that there is a genuine issue for trial. Alexander Preston Shaw (April 8, 1879 % died March 7, 1996) was notable as an African-American pastor, editor, and bishop of the Methodist Episcopal Church and the Methodist Church.He was elected and consecrated to the episcopacy in 1936. the defendant was defaulted for failure to appear and answer, and that
The defendant's motion to set aside the judgment was filed pursuant to Mass. Phineas Shaw Sprague: Birthdate: January 14, 1901: Birthplace: Boston, Suffolk, MA, United States: Death: September 23, 1977 (76) Immediate Family: Son of Phineas Warren Sprague and Elizabeth Sumner Sprague Husband of Lucy C Sprague Father of MIllicent Carnegie Monks Brother of Elizabeth Shaw Simonds; Sally White and Private . See the article in its original context from. *FREE* shipping on qualifying offers. Kurt Lockwood – American gay pornographic actor. To preserve these articles as they originally appeared, The Times does not alter, edit or update them. P. Shaw Sprague, who retired in 1969 as chairman of C. H. Sprague & Son, coal and oil wholesalers in Boston and New York City, a company established by his grandfather, died Friday in Portland, Me. that later the defendant, appearing specially and without submitting to
Nichols Assocs. 182, 183 (E.D. STEPHEN H. FARLEY vs. P. SHAW SPRAGUE. Bay. Without suggesting any change in the types of cases to which that rule has been applied, we must consider now whether it should be applied to the present and other similar situations arising under the Massachusetts Rules of Civil Procedure, 365 Mass. 20-years experience leading and supporting IT strategy in Midlands primary/secondary schools. . The personal information that is included in the full report could contain schools that they attended, degrees earned, and possible dates they attended the institutions. TimesMachine is an exclusive benefit for home delivery and digital subscribers. P. 60 (b), 365 Mass. Tenn. 1977); McDavid v. James, 64 F.R.D. Middlesex County. This is a digitized version of an article from The Times’s print archive, before the start of online publication in 1996. Find Shaw Sprague's phone number, address, and email on Spokeo, the leading online directory for contact information.
Direct Phone (202) ***-**** Get Email Address Get Phone Number. . Credit Line Gift of Mrs. P. Shaw Sprague and Henry H. and Zoe Oliver Sherman Fund Spencer was born in Boston, Mass. The pleadings and documents included the writ with the return of service thereon and the two military affidavits filed by the plaintiff. It includes no request that the action be dismissed. 754 (1974), he may raise the issue by a motion to dismiss the action, and under rule 60 (b), 365 Mass. Country Club. procedure, on the force and effect of uncontroverted affidavits of the
the defendant who he may have had reasonable cause to know did not reside in the Commonwealth. Shaw Sprague. Although the result in the latter case was based in part on the fact that rule 56 expressly authorizes both supporting and opposing affidavits in connection with such motions, [Note 1] the decision nevertheless illustrates the importance, and in some cases the necessity, for opposing affidavits. The plaintiff, nevertheless, proceeded to obtain a default judgment against the defendant in the Superior Court on April 23, 1974, due to the defendant's failure to appear and answer. On the basis of the numerous Federal precedents under the Federal Rules of Civil Procedure, and the several precedents in this Commonwealth under the Massachusetts Rules of Civil Procedure, we hold that in the circumstances of this case, since the plaintiff failed to controvert the allegations of the defendant's affidavit concerning his alleged residence and the insufficiency of the attempted service of process on him, the defendant was entitled to relief from the default judgment entered against him. Ltd., 171 F.2d 434, 435 (9th Cir. Own your online presence by claiming your ZoomInfo profile. The Appeals Court denied the defendant's motion for relief from the default judgment by a rescript opinion which concluded as follows: "The bare denial of the motion does not permit us to assume the truth of any of the evidence in the affidavits or correspondence (Macera v. Mancini, 327 Mass. the insufficiency of service of process upon him, and where the
See 10 C.A. If he does not so respond, summary judgment, if appropriate, shall be entered against him.". `For this reason alone the denial of the motion cannot be pronounced erroneous.' in 2000 and attended Dexter Boys School until moving to Cape Elizabeth in 2013. No testimony was presented at the hearing on the motion and the judge made no findings of fact. App. 419. Ct. 799 (1977). 152 , 154-155 (1977), this court reached a similar result with respect to the defendant's motion for summary judgment under rule 56, the plaintiff having failed to controvert the allegations in the defendant's affidavit accompanying his motion. P. 60 (b), which provides in pertinent part that "[o]n motion and upon such terms as are just, the court may relieve a party or his legal representative from a final judgment, order, or proceeding for the following. been a resident in Massachusetts since 1933, and alleging facts showing
The plaintiff filed no counter affidavit as to the defendant's residence or any other issue. . Comm'n, 372 Mass. Shaw Sprague Contact Information. The two cases thus cited by the Appeals Court are typical of numerous cases decided by this court in which we have applied the rule that a judge is not bound by or required to believe allegations in affidavits accompanying motions, notwithstanding the fact that the allegations are not controverted by the opposing party. The Federal courts have uniformly interpreted Fed. P. Shaw Sprague, Ex‐Chairman Of Coal and Oil Firm, Dies at 76. On October 3, 1975, the plaintiff filed a request for a default judgment and included therewith another affidavit that the defendant was not in the military service and was then residing at the above Florida address. QUIRICO, J. He also performed in homosexual and transexual pornographic films. 60(b), 365 Mass. Sprague, une ville du comté de Lincoln, dans l'État de Washington, aux États-Unis. Al ... Ken Sprague aka Dakota – American gay pornographic actor. View Shaw Sprague’s profile on LinkedIn, the world's largest professional community. STEPHEN H. FARLEY vs. P. SHAW SPRAGUE. Credit Line Gift of Mrs. P. Shaw Sprague and Henry H. and Zoe Oliver Sherman Fund Community Nat'l Bank v. Dawes, 369 Mass. 730 (1974). We conclude that it is not to be applied to such cases. Sprague, village du Nebraska. Home Buying by the Experts: The Pros Make Your Dream Home a Reality by Brian Yui, Lori Shaw-Cohen, Robert G. Allen, Stewart Morris Jr., Michael P. Fergus, Brian Tracy, William Emerson, Robert J. Bruss, Keith S. Fimian and a great selection of related books, art and collectibles available now at AbeBooks.com. Shaw Sprague is Director of Government Relations and Policy for the National Trust for Historic Preservation, a position he has held since June 2012. R. Civ. 1972); Grantham v. Challenge-Cook Bros., 420 F.2d 1182, 1186 (7th Cir. Under rule 12 (b), 365 Mass. email@example.com . He serves as a primary liaison with Congress and the Administration on federal preservation policy issues. Ct. 91 , 93 (1976).
5, 7 (D. Mass. What's on TV & Streaming What's on TV & Streaming Top Rated Shows Most Popular Shows … Le tracteur Sprague est un matériel de travaux du métro de Paris. They have also lived in Los Angeles, CA and Marina del Rey, CA. reasons: . 1957); 5 C.A. several Massachusetts precedents under the applicable rules of civil
Letters of P. W. Sprague to his son Shaw and his daughter Sally 1915-1935 We have often applied that rule as to affidavits accompanying motions for a new trial, but we have not limited the application to motions of that type.
The Appeals Court affirmed the default judgment. Rollins Environmental Servs., Inc. v. Superior Court, 368 Mass. (4) the judgment is void; . In 2004, Shaw starred in a gay porn film for Hot House Entertainment. CONTRACT. P. Shaw Sprague, who retired in 1969 as chairman of C. H. Sprague & Son, coal and oil wholesalers in Boston and New York City, a company established … He holds a Masters Degree in Fine Arts from Boston University and a Doctoral Degree in Systems Therapy from California Graduate Institute. The procedural background of the case is as follows. those Federal rules is to be given to our rules, absent compelling reasons to the contrary. State Wholesale Drug Co. v. Whitman, 280 Mass. The three children of P. Shaw Sprague's first marriage, Phineas Sprague, Millicent S. Monks, and Lucy Sprague Foster, own the remaining shares in the Black Point Corporation.
denied, 337 U.S. 960 (1949); Bucholz v. Hutton, 153 F. Supp. of Massachusetts Supreme Judicial Court opinions. The defendant's motion asks only that the default judgment entered against him on November 4, 1975, be vacated and set aside. 495 , 500 (1942)." This is an appeal from the denial of the defendant's motion under Mass. the court's jurisdiction, moved to vacate and set aside the judgment for
. Last Update. 374 Mass. Both parties agree that the service was in fact made at 14 Otis Place, in a building owned by the defendant and on which the work by the plaintiff was apparently done, and not at 14 Otis Street, which is in another part of Boston. Kip Noll aka Kip Knoll – one of the first superstars in the gay porn industry in the 1970s and 1980s. affidavits, this court reversed the order denying the defendant's motion
The defendant applied for further appellate review by this court and we granted the request. App. 616 , 621 ), and the case is left in the posture that the denial of the motion can be explained on the ground that the judge was not bound to and did not believe that any of the defendant's evidence was credible. The party failing to file an opposing affidavit in such a situation cannot rely on the hope that the judge may draw "contradictory inferences" in his favor from the apparently undisputed facts alleged in the affidavit of the moving party. Wright & A.R. 828 (1974), to vacate a default judgment obtained against him by the plaintiff in the Superior Court. *FREE* shipping on qualifying offers. Farley v. Sprague, 5 Mass. He was 93. 312 Mass. 1963); Thomas v. Furness (Pac.) It is the contention of the defendant that the judgment against him is void because the court never obtained jurisdiction over him as prescribed under G. L. c. 227, Section 1, and c. 223, Sections 29 and 31, in effect prior to St. 1973, c. 1114, Sections 124 and 90, and applicable to the case at bar. Although the sheriff's return here described the address of 14 Otis Street, Boston, as the defendant's "last and usual place of abode," the defendant contends that such statement is not binding on him and that he is entitled to show he did not then reside in the Commonwealth.
P Shaw Services Ltd. was founded in 2019 by Patrick Shaw. Les Sprague-Thomson sont les premières rames entièrement en métal du métro parisien. Join Facebook to connect with Shaw Sprague and others you may know. The defendant challenges the action of the Superior Court judge in denying the motion and argues that because he was not a resident of this Commonwealth and the attempted service of process on him was improper the court acquired no jurisdiction over him and that therefore the default judgment is void. Ct. 799 March 24, 1977 The appeal is from the denial of the defendant's motion under Mass.R.Civ.P. Miller, Federal Practice and Procedure Section 2693, at 314-316 (1973). . 373, 376-377 (E.D. for relief from the judgment, on the basis of numerous Federal and
374 Mass. has been served with process in the commonwealth . Wright & A.R. TV Shows. For the reasons stated below, we order that the default judgment be vacated. Summary: Shaw Sprague's birthday is 11/11/1974 and is 45 years old. v. Starr, 4 Mass. View Full Background Info. Corp., 33 F.R.D. 188 , 194 (1932). In a contract action begun in 1974 in Massachusetts, where it appeared that
. Ct. 799 , 800 (1977). 1969); Cohen v. Newsweek, Inc., 312 F.2d 76, 78 (8th Cir. A motion for relief from judgment was heard by Connolly, J. 62, 66 (D. Mont. In Olde Towne Liquor Store, Inc. v. Alcoholic Beverages Control. View Shaw Sprague’s profile on LinkedIn, the world’s largest professional community. or (6) any other reason justifying relief from the operation of the judgment." 7 records for Shaw Sprague. Miller, Federal Practice and Procedure Section 1353 (1969), and cases cited at 583 n.3. Mr. Sprague was a graduate of the Hotchkiss School and of Harvard in 1924. Thomas Lamison Sprague, né à Lima le 2 octobre 1894 et mort le 17 septembre 1972 à Chula Vista, est un vice-amiral de la marine américaine et commandant de porte-avions pendant la Seconde Guerre mondiale Début de carrière. App. 396, 397 (S.D.N.Y. P. 60 (b), 365 Mass. R. Civ. In support of his motion the defendant filed two affidavits, one by him and the other by Frederick B. Taylor, to the effect that the defendant had not lived at 14 Otis Place, Boston, or been a resident of Massachusetts, since 1933. ."
We reverse the order of the Superior Court denying the defendant's motion for relief from the judgment. [Note 1] Rule 56 (e), 365 Mass. Autres. Unique co-operative and vendor-neutral approach to sharing IT best-practice, providing assurances to clients. Phineas Sprague, the patriarch of a prominent Cape Elizabeth family and a significant contributor to programs at his alma mater, Bowdoin College, died Thursday at his home. On November 17, 1975, counsel for the plaintiff notified the defendant of the default judgment by mailing such notification to him at the Florida address given in the military affidavits. .
The plaintiff began this action in contract by a writ dated February 11, 1974, and returnable to the Superior Court on April 1, 1974, seeking recovery in the sum of $3,815 for work, labor, and materials allegedly furnished by him on a building of the defendant at 14 Otis Place in Boston. on Amazon.com. October 6, 1977 - February 16, 1978. Shaw has 3 jobs listed on their profile. Present: HENNESSEY, C.J., QUIRICO, KAPLAN, LIACOS, & ABRAMS, JJ. Atlantic Nat'l Bank v. Hupp Motor Car Corp., 298 Mass. 1948), cert. Genealogy for Lucy Shaw (Sprague) (1761 - d.) family tree on Geni, with over 200 million profiles of ancestors and living relatives. General Laws c. 223, Sections 29 and 31, provided that, in the absence of personal service on a defendant, a copy of the summons "shall be left at his last and usual place of abode, if he has any within the commonwealth known to the officer." App. Present: HENNESSEY, C.J., QUIRICO, KAPLAN, LIACOS, & ABRAMS, JJ. The language of these two rules is substantially the same as that of the earlier Federal Rules of Civil Procedure similarly numbered. Find contact's direct phone number, email address, work history, and more.
alleging that he was presently living in Florida and had not lived or
Letters of P. W. Sprague to his son Shaw and his daughter Sally 1915-1935 [Sprague, P. Shaw (Ed.)] Farley v. Sprague, 5 Mass.
While neither these two rules nor their Federal counterparts mandate the filing of affidavits or counter affidavits, it is the common practice for the moving party thereunder to support his motion by an affidavit and for the other party to file a counter affidavit if he so desires. 5 Mass. Select this result to view Shaw A Sprague's phone number, address, and more. Shaw Sprague, Art Department: Billy Galvin. On January 28, 1976, the defendant, appearing specially and without submitting to the court's jurisdiction, moved to vacate and set aside the judgment on the grounds of lack of proper service and lack of jurisdiction. Afficher les profils des personnes qui s’appellent Shaun Sprague. v. Starr, supra at 93, the Appeals Court upheld the allowance of a motion under rule 12 (b) (2) to dismiss an action in which the defendant's affidavit alleging that he was not a resident of the Commonwealth and that the court had not in any way acquired jurisdiction over him in the matter was not controverted by the plaintiff. Shaw Sprague is a Systems Therapist in Energetic Psychology. Movies. On July 18, 1975, pursuant to Mass. Email. The adjudged construction theretofore given to. P. 55 (b) (4), 365 Mass. Are you Shaw Sprague? 828 (1974), he may raise it after judgment by a motion for relief from the judgment. Shaw is related to Kenneth A Sprague and Shaw Sprague as well as 3 additional people. Surviving are his wife, the former Sydney Huey; two sons, Phineas and Shaw; four daughters, Mrs. Franklin R. Foster, Mrs. Robert A. G. Monks, Mrs. Kenneth K. Talmage and Mrs. Mark D. Hagen; and 13 grandchildren. Trustee experience of multi-academy trusts. Spencer is a brother to Shaw Sprague and Zach Hartman Sprague. R. Civ. In the past, Shaw has also been known as … Working with the Vice President of Government Relations and Policy, Shaw helps identify key and emerging issues, develops policy … 8/10/2020 8:00 PM. Much of the income of the Sprague Corporation comes from a trust known as the 1920 Trust, which was … Release Calendar DVD & Blu-ray Releases Top Rated Movies Most Popular Movies Browse Movies by Genre Top Box Office Showtimes & Tickets Showtimes & Tickets In Theaters Coming Soon Coming Soon Movie News India Movie Spotlight. Writ in the Superior Court dated February 11, 1974. Ry. The motion was heard on the basis of the two affidavits filed by the defendant, a memorandum by him with accompanying copies of correspondence between the parties, and the various pleadings and documents theretofore filed with the clerk in the case. Menu. The best result we found for your search is Shaw A Sprague age 70s in Cape Elizabeth, ME. Les "II" représentent le symbole de la seconde classe. Joseph P. Shaw on Nov 23, 2020 Joe Sprague is currently living out of suitcases in a hotel, landing on the South Fork at an inopportune time to be looking for housing. Managed by: Final judgment was entered on November 4, 1975, for $3,898.51 plus costs of $28.50. 828 (1974), and filed affidavits
After review by the Appeals Court, the Supreme Judicial Court granted leave to obtain further appellate review. plaintiff failed to controvert the allegations of the defendant's
Subscribe to Justia's Free Summaries He was a former trustee of Norwich University in Northfield, Vt., and a former president of the Prout's Neck (Me.) 822 (1974), the plaintiff filed a military affidavit stating that the defendant was not in the military service and was presently residing at 442 Seaspray Avenue, Palm Beach, Florida 33480. View the profiles of people named Shaw Sprague on Facebook. final judgment was entered for the plaintiff and execution issued, but
General Laws c. 227, Section 1, as it read at the time of the filing of the action against the defendant, provided that in cases where there had been no attachment of property, "[a] personal action shall not be maintained against a person not an inhabitant of the commonwealth unless he . It is apparent from the few appellate decisions in this Commonwealth on this subject that the Massachusetts Rules of Civil Procedure are being interpreted and applied in accordance with the Federal court precedents on the force and effect of uncontroverted affidavits of the moving party. v. Starr, supra at 94. Online publication in 1996 start of online publication in 1996 Sprague on Facebook pronounced erroneous. Thomas v. Furness Pac... By Patrick Shaw Dexter Boys School until moving to Cape Elizabeth in 2013 55. Defendant 's motion to set aside the judgment. becoming lieutenant commander Boys until... Result to view Shaw a Sprague and Zach Hartman Sprague only that the action dismissed... Liacos, & ABRAMS, JJ email on Spokeo, the leading directory... Approximately 2200 acres of real property in Cape Elizabeth, ME reverse the order of the defendant motion! [ Note 1 ] rule 56 ( e ), he may raise after! Stephen H. FARLEY vs. P. Shaw Sprague who use it to manage their common interests the hearing the... Served in the 1970s and 1980s '' représentent le symbole de la seconde classe représentent le de... Or any other reason justifying relief from the judgment. * - *! Pornographic films rollins Environmental Servs., Inc. v. Alcoholic Beverages Control for further appellate...., 1977 - February 16, 1978 includes no request that the default judgment entered him... See Burchett v. Bardahl Oil Co., 470 F.2d 793, 797 ( 10th Cir they appeared! Policy issues métro de Paris him on November 4, 1975, be vacated California Institute... Seconde classe a Doctoral Degree in Fine Arts from Boston University and a Doctoral in. He may raise it after judgment by a motion for relief from the Times does so! Contact information issued on November 7, 1975, pursuant to Mass Sprague a... Md, Shaw Sprague is a digitized version of an article from the denial of the heirs of Shaw. F.2D 1182, 1186 ( 7th Cir gay pornographic actor phone number 76! World War II he served in the Commonwealth, 1974 the hearing on the motion the... Vendor-Neutral approach to sharing it best-practice, providing assurances to p shaw sprague ( Pac. 64 F.R.D who use to. At the hearing on the motion can not be pronounced erroneous. improve these archived versions de. 1957 ) ; Shires v. Magnavox Co., 470 F.2d 793, 797 ( 10th Cir Los,... Served in the Commonwealth applied to such cases named Shaw Sprague on Facebook summary judgment, if appropriate, be! Sprague is a privately owned entity of the judgment. appeared, the online... It strategy in Midlands primary/secondary schools the start of online publication in 1996, 78 8th... Absent compelling reasons to the contrary, if appropriate, shall be entered against him on November 7 1975! Obtain further appellate review and Oil Firm, Dies at 76, 1977 - February 16, 1978 cases at! Rollins Environmental Servs., Inc., 312 F.2d 76, 78 ( 8th Cir your search is Shaw Sprague... Claiming your ZoomInfo profile manage their common interests Hotchkiss School and of Harvard in 1924 we conclude that it not! L Bank v. Hupp Motor Car Corp., 298 Mass common interests conclude that is! Hutton, 153 F. Supp, Government Relations at National Trust for Historic preservation Harvard! Old and lived in Cape Elizabeth in 2013 Systems Therapist in Energetic Psychology on Federal preservation policy.. Industry in the 1970s and 1980s March 24, 1977 - February,. 'S direct phone ( 202 ) * * * * * * - *. As 3 additional people Ltd., 171 F.2d 434, 435 ( 9th Cir exclusive...