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Grupo HGM Tecnologias Submarinas, S.A. v. Energy Subsea, LLC
GRUPO HGM TECNOLOGIAS SUBMARINAS, S.A., Plaintiff,
ENERGY SUBSEA, LLC and ODDGEIR INGVARTSEN, Defendants.
KATHERINE P. NELSON UNITED STATES MAGISTRATE JUDGE.
This action is before the Court on the motion for default judgment under Federal Rule of Civil Procedure 55(b) (Doc. 15) filed by Plaintiff GRUPO HGM Tecnologias Submarina, S.A. (“Grupo”). The assigned District Judge has referred the motion to the undersigned Magistrate Judge for appropriate action under 28 U.S.C. § 636(a)-(b), Federal Rule of Civil Procedure 72, and S.D. Ala. GenLR 72(a). See (Doc. 19 at 2); (5/2/2019 electronic reference); S.D. Ala. GenLR 72(b). Defendant Oddgeir Ingvartsen has submitted pro se a document styled “Defendants Respond to Plaintiff Application for Default Judgement and this case overall” (Doc. 16), purportedly on behalf of both himself and Defendant Energy Subsea, LLC (“Energy Subsea”), that opposes Grupo's motion and also requests that this case be dismissed or transferred to a Florida court. Grupo subsequently submitted a reply in further support of its motion for default judgment (Doc. 18). To date, neither Defendant has submitted any additional filings with the Court. Upon consideration, and pursuant to § 636(b)(1)(B)-(C) and Rule 72(b)(1), the undersigned will recommend that the Court (1) deny Ingvartsen any relief requested in his pro se response (Doc. 16), and (2) deny Grupo's motion for default judgment without prejudice.
I. General Legal Standards
“When a defendant has failed to plead or defend, a district court may enter judgment by default. Fed.R.Civ.P. 55(b)(2). “Because of [the Eleventh Circuit Court of Appeals's] strong policy of determining cases on their merits, however, default judgments are generally disfavored. While a defaulted defendant is deemed to admit the plaintiff's well-pleaded allegations of fact, he is not held to admit facts that are not well-pleaded or to admit conclusions of law. Entry of default judgment is only warranted when there is a sufficient basis in the pleadings for the judgment entered.” Surtain v. Hamlin Terrace Found., 789 F.3d 1239, 1244-45 (11th Cir. 2015) (per curiam) (quotations, footnote, and some citations omitted). See also Eagle Hosp. Physicians, LLC v. SRG Consulting, Inc., 561 F.3d 1298, 1307 (11th Cir. 2009) (“ ‘A default judgment is unassailable on the merits, but only so far as it is supported by well-pleaded allegations.' ” (quoting Nishimatsu Const. Co. v. Houston Nat. Bank, 515 F.2d 1200, 1206 (5th Cir. 1975))).
Conceptually, … a motion for default judgment is like a reverse motion to dismiss for failure to state a claim. See Wooten v. McDonald Transit Assocs., Inc., 775 F.3d 689, 695 (5th Cir. 2015) (stating in the context of a motion for default judgment, “whether a factual allegation is well-pleaded arguably follows the familiar analysis used to evaluate motions to dismiss under Rule 12(b)(6)”).
When evaluating a motion to dismiss, a court looks to see whether the complaint “contain[s] sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.' ” Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 1949, 173 L.Ed. 2D 868 (2009) (quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 1974, 167 L.Ed.2d 929 (2007)). This plausibility standard is met “when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Id. (citing Twombly, 550 U.S. at 556, 127 S.Ct. at 1965).
Surtain, 789 F.3d at 1245.
Moreover, in cases involving a default judgment, “there must be strict compliance with the legal prerequisites establishing the court's power to render the judgment.” Varnes v. Local 91, Glass Bottle Blowers Ass'n of U.S. & Canada, 674 F.2d 1365, 1369 (11th Cir. 1982).
II. Procedural History
Grupo commenced this civil action on October 4, 2018, by filing a four-count complaint (Doc. 1) with the Court against Ingvartsen and Energy Subsea. Grupo subsequently filed evidence indicating that Ingvartsen was served with the summons and complaint on October 11, 2018 (see Doc. 7), and that Energy Subsea was served on October 19, 2018 (see Doc. 11). Thus, Ingvartsen and Energy Subsea were required to serve their responsive pleadings by November 1 and November 9, 2018, respectively. See Fed. R. Civ. P. 12(a)(1). After those deadlines passed with no response from either Defendant, on Grupo's applications (see Docs. 12, 13) the Clerk of Court entered default against both Defendants on November 14, 2018, under Federal Rule of Civil Procedure 55(a). (See Doc. 14). Neither Defendant appeared in this action following entry of default, and on February 11, 2019, Grupo moved the Court for entry of default judgment against the Defendants under Federal Rule of Civil Procedure 55(b)(2). (See Doc. 15). The motion for default judgment was served on the Defendants at the same addresses where they were served with the summons and complaint. (See Doc. 15 at 3).
On February 22, 2019, Ingvartsen filed pro se a document styled “Defendants Respond to Plaintiff Application for Default Judgement and this case overall, ” purportedly on behalf of both Defendants. (Doc. 16). On February 27, 2019, the District Judge assigned to this case entered an order informing Ingvartsen that, as a non-attorney, he could not file a response or otherwise defend this case on behalf of artificial entity Energy Subsea. (See Doc. 17). The District Judge also stated that the Court would hold the motion for default judgment in abeyance until April 1, 2019, in order to allow both Defendants the opportunity to obtain counsel. (See id.). Finally, the District Judge directed Ingvartsen “to provide appropriate contact information to the Clerk of Court for the purposes of addressing the current issues before the Court.” (Id.).
The Court has heard nothing further from either Defendant since Ingvartsen filed his pro se response on February 22, 2019. On April 8, 2019, Grupo filed a reply (Doc. 18) to Ingvartsen's response, noting that as of that morning it had “not received any notification that Defendants complied with the Court's directives.” On May 2, 2019, the District Judge entered another order noting the lack of additional filings from either Defendant and warning the Defendants “that the Court intends to proceed with this case including the Motion for Default Judgment with or without counsel for the Defendants.” (Doc. 19). The District Judge further noted: “At present, the Court will only consider the letter previously received on behalf of Defendant Ingvartsen. There is no appropriate response on file for Energy Subsea LLC.” (Id.). Finally, the District Judge referred this action to the undersigned “pursuant to 28 U.S.C. § 636(b)(1) … for consideration and disposition or recommendation on all pretrial matters as may be appropriate.” (Id.).
III. Analysis
“It is . . . axiomatic that the inferior federal courts are courts of limited jurisdiction. They are ‘empowered to hear only those cases within the judicial power of the United States as defined by Article III of the Constitution,' and which have been entrusted to them by a jurisdictional grant authorized by Congress.” Univ. of S. Ala. v. Am. Tobacco Co., 168 F.3d 405, 409 (11th Cir. 1999) (quoting Taylor v. Appleton, 30 F.3d 1365, 1367 (11th Cir. 1994)). Accordingly, “it is well settled that a federal court is obligated to inquire into subject matter jurisdiction sua sponte whenever it may be lacking.” Id. See also Arbaugh v. Y&H Corp., 546 U.S. 500, 514, (2006) (“[C]ourts, including this Court, have an independent obligation to determine whether subject-matter jurisdiction exists, even in the absence of a challenge from any party.”). “When a plaintiff files suit in federal court, [the plaintiff] must allege facts that, if true, show federal subject matter jurisdiction over [the] case exists.” Travaglio v. Am. Exp. Co., 735 F.3d 1266, 1268 (11th Cir. 2013).
The complaint alleges diversity of citizenship under 28 U.S.C. § 1332 as the sole basis for subject matter jurisdiction. Subject to inapplicable exceptions, § 1332(a)(2) grants district courts “original jurisdiction of all civil actions where the matter in controversy exceeds the sum or value of $75, 000, exclusive of interest and costs, and is between… citizens of a State and citizens or subjects of a foreign state…” Plaintiff Grupo is alleged to be a Panamanian corporation with its principal place of business in Panama (see Doc. 1 at 1), thus making it a citizen of the foreign state of Panama. See 28 U.SC. § 1332(c)(1). Defendant Ingvartsen, a natural person, is alleged to be domiciled in, and therefore a citizen of, the state of Alabama.[1] (Doc. 1 at 1). Ingvartsen is also alleged to be the only member of Defendant Energy Subsea, a limited liability company, thus also making Energy Subsea a citizen of Alabama.[2] (Doc. 1 at 1 - 2). Because neither Defendant shares Grupo's citizenship, there is complete diversity among the parties. See Triggs v. John Crump Toyota, Inc., 154 F.3d 1284, 1287 (11th Cir. 1998) (“Diversity jurisdiction requires complete diversity; every plaintiff must be diverse from every defendant.”). Section 1332(a)'s requisite minimum amount in controversy is also satisfied because Grupo expressly seeks damages exceeding $75, 000, exclusive of interest and costs. Thus, the undersigned is satisfied that subject matter jurisdiction exists in this action.
B. Ingvartsen's Response
Ingvartsen's pro se response (Doc. 16) was purportedly filed on behalf of both himself and Energy Subsea. However, as the Court's prior orders (Docs. 17, 19) informed him, Ingvartsen, who is not an attorney licensed to practice in this Court, can defend this action on his own behalf but cannot do so on behalf of Energy Subsea, an artificial entity. “The rule is well established that...an artificial entity that can act only through agents, cannot appear pro se, and must be represented by counsel.” Palazzo v. Gulf Oil Corp., 764 F.2d 1381, 1385 (11th Cir. 1985). See also Nat'l Indep. Theatre Exhibitors, Inc. v. Buena Vista Distribution Co., 748 F.2d 602, 609 (11th Cir. 1984) (“[C]orporations must always be represented by legal counsel.”). “The general rule applies even where the person seeking to represent [a] corporation is its president and major stockholder[, ]” Palazzo, 764 F.2d at 1385 - or, as here, in the case of an LLC, its sole, managing member. Thus, as the Court previously informed Ingvartsen, his “Response filed shall only be on behalf of Defendant Oddgeir Ingvartsen as an individual person.” (Doc. 17 at 2. See also Doc. 19 at 2 (“At present, the Court will only consider the letter previously received on behalf of Defendant Ingvartsen. There is no appropriate response on file for Energy Subsea LLC.”)). Accordingly, the undersigned will hereinafter treat Ingvartsen's response (Doc. 16) as only being filed on his own behalf and will deem Energy Subsea as having filed no response at all. Nevertheless, given that “there must be strict compliance with the legal prerequisites establishing the court's power to render [a default] judgment[, ]” Varnes, 674 F.2d at 1369, the undersigned will consider Ingvartsen's representations as to Energy Subsea in addressing the issues of service of process and personal jurisdiction.[3]
To the extent Ingvartsen's response can be construed as a motion to set aside default, [4] it is due to be denied. Under Federal Rule of Civil Procedure 55(c), the “court may set aside an entry of default for good cause…” The Eleventh Circuit has described Rule 55(c)'s “good cause” standard as follows:
We have … noted that “ ‘[g]ood cause' is a mutable standard, varying from situation to situation.” Compania Interamericana Export-Import, S.A. v. Compania Dominicana de Aviacion, 88 F.3d 948, 951 (11th Cir. 1996) (citation omitted). While the standard must be construed to have substance, we have nonetheless described it as a “liberal one.” Id. (citation omitted). As we have explained, “ ‘good cause' is not susceptible to a precise formula....” Id. Rather, we evaluate various factors that may be applicable in a given case. See Id. For example, courts generally consider whether the default was culpable or willful, whether setting it aside would prejudice the non-moving party, and whether the defaulting party may have a meritorious defense. Id. Depending on the circumstances, courts have also considered factors such as “whether the public interest was implicated, whether there was significant financial loss to the defaulting party, and whether the defaulting party acted promptly to correct the default.” Id. (citation omitted). On the other hand, where a party demonstrates an intentional or willful disregard of the judicial proceedings, good cause to set aside the default does not exist. Id. at 951-52.
Perez v. Wells Fargo N.A., 774 F.3d 1329, 1338 n.7 (11th Cir. 2014).
As will be explained herein, Ingvartsen's response does not indicate that he has a meritorious defense to Grupo's claims. Moreover, while he claims that he only received notice of this case on February 16, 2019 (Doc. 16 at 1) - five days after the present motion for default judgment was filed - Grupo has presented evidence indicating that Ingvartsen personally signed for the summons and complaint on October 11, 2018, see infra. Ingvartsen has also failed to comply with the District Judge's prior directive “to provide appropriate contact information to the Clerk of Court for the purposes of addressing the current issues before the Court” (Doc. 17 at 2), and he has failed to defend this case or otherwise respond to the Court's orders issued since he filed his response.[5] Accordingly, the undersigned finds that Ingvartsen has failed to show good cause to set aside the default entered against him.
C. Service of Process
“Service of process is a jurisdictional requirement: a court lacks jurisdiction over the person of a defendant when that defendant has not been served.” Pardazi v. Cullman Med. Ctr., 896 F.2d 1313, 1317 (11th Cir. 1990). In his response, Ingvartsen claims that neither he nor Energy Subsea were served with process in this action, and that they “received notification about this case for the first time on 2.16.2019 emailed from Energy Subsea LLC agent in Florida.” (Doc. 16 at 1). The undersigned liberally construes Ingvartsen's response (Doc. 16) as asserting a motion to dismiss under Federal Rule of Civil Procedure 12(b)(5) based on insufficient service of process. In deciding a Rule 12(b)(5) motion, a district court may consider matters outside of the pleadings and make findings of fact based on affidavits and other evidence relevant to the issue. Bryant v. Rich, 530 F.3d 1368, 1376 (11th Cir. 2008). “A defendant's actual notice is not sufficient to cure defectively executed service.” Albra v. Advan, Inc., 490 F.3d 826, 829 (11th Cir. 2007) (per curiam).
Federal Rule of Civil Procedure 4(e) states that, with certain inapplicable exceptions,
an individual … may be served in a judicial district for the United States by:
(1) following state law for serving a summons in an action brought in courts of general jurisdiction in the state where the district court is located or where service is made; or
(2) doing any of the following:
(A) delivering a copy of the summons and of the complaint to the individual personally;
(B) leaving a copy of each at the individual's dwelling or usual place of abode with someone of suitable age and ...
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accessiblehousing.org
Introduction top
Fair Housing Notice
About the Fair Housing
Council of Greater San Antonio
About the Enterprise Foundation
The Fair Housing Council of Greater San Antonio (FHCOGSA), in partnership with Making Housing Accessible, a program of The Enterprise Foundation, has created The Directory of Accessible Housing. Funded through a grant from The Kronkosky Charitable Foundation, The Directory enables the elderly and people with disabilities to find suitable rental housing in San Antonio and/or Bexar County. The Directory provides information about accessible units, eligibility criteria, price ranges, amenities, school districts, nearby businesses, etc. for apartment complexes and/or housing facilities in San Antonio and Bexar County.
In determining an apartment complex and/or housing facility’s eligibility for inclusion in The Directory of Accessible Housing, the Fair Housing Council of Greater San Antonio considered whether the complex/facility had wheelchair accessible dwelling units, whether the complex/facility provided housing targeted for the elderly and/or people with disabilities, and whether the complex/facility participated in any housing assistance programs funded by the local, state, or federal government.
To search for housing that meets your needs, please click on Property Search and enter your search preferences regarding area of town, accessibility, property type, etc. To learn about laws dealing with accessibility in housing or the fair housing rights of people with disabilities, please click on Understanding Your Rights. To add your apartment complex and/or housing facility to The Directory of Accessible Housing, please complete the Property Entry Form.
If you have any questions about fair housing issues and/or whether your dwelling unit, apartment complex, and/or housing facility is in compliance with accessibility requirements, please feel free to contact the Fair Housing Council of Greater San Antonio at (210) 733-3247.
The work that provided the basis for The Directory of Accessible Housing was funded under a grant from The Kronkosky Charitable Foundation. The Fair Housing Council of Greater San Antonio is solely responsible for the accuracy of the statements and interpretations contained in this publication. Such statements and interpretations do not necessarily reflect the views of The Kronkosky Charitable Foundation.
The information presented in The Directory of Accessible Housing is intended solely as informational guidance and is not a determination of your legal rights and responsibilities under Title VIII of the Civil Rights Act of 1968, the Fair Housing Amendments Act of 1988, Section 504 of the Rehabilitation Act of 1973, the Architectural Barriers Act of 1968, and/or the Americans with Disabilities Act of 1990. The Fair Housing Council of Greater San Antonio urges you to consult with an attorney for legal advice about your legal rights and responsibilities.
The Directory’s property listing and/or representation that a housing site has dwelling units with wheelchair accessible features does NOT denote and/or guarantee that all of the housing site’s dwelling units meet all of the accessibility requirements outlined in the Fair Housing Amendments Act of 1988. The listing ONLY denotes that the Council inspected a dwelling unit at the particular housing site that, at the very least, complied with MOST of the design and construction requirements in the Fair Housing Amendments Act.
The Council was NOT able to inspect all of the dwelling units that a housing site stated were wheelchair accessible due to the occupancy of the units, time constraints, etc. Of the units that the Council did survey, Council staff inspected the units for the following design and construction requirements under the Fair Housing Amendments Act:
the building must have an accessible entrance on an accessible route
the public and common use areas must be readily accessible to and usable by disabled persons
all the doors designed to allow passage into and within all premises must be sufficiently wide to allow passage by handicapped persons in wheelchairs
there must be an accessible route into and through the covered dwelling unit
light switches, electrical outlets, thermostats, and other environmental controls must be in accessible locations
bathroom walls must be reinforced to allow for later installation of grab bars around the toilet, tub, shower, stall and shower seat, where such facilities are provided
kitchens and bathrooms must be useable such that an individual in a wheelchair can maneuver about the space.
However, the Council staff did NOT inspect patio doors, patio areas, balcony doors, balcony areas, closet doors, closet areas, pantry doors, and/or pantry areas.
If the dwelling unit that was inspected met MOST of the accessibility requirements under the Fair Housing Amendments Act, then the Council listed that particular housing site as having units with wheelchair accessible features.
Furthermore, the listing and/or representation that a housing site has units with accessible features for people with hearing impairments does NOT denote and/or guarantee that all of the housing site’s dwelling units have auxiliary aids/features for persons with hearing impairments.
We are pledged to the letter and spirit of United States policy for the achievement of equal housing opportunity throughout the Nation. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status, or national origin.
Publisher’s Notice: All real estate advertised herein is subject to the Federal Fair Housing Act, which makes it illegal to advertise “any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make any such preference, limitation, or discrimination.” We will not knowingly accept any advertising for real estate which is in violation of the law. All persons are hereby informed that all dwellings advertised are available on an equal opportunity basis.
ABOUT THE FAIR HOUSING COUNCIL OF GREATER SAN ANTONIO
The Fair Housing Council of Greater San Antonio is a private, non-profit fair housing organization dedicated to promoting fair housing and eliminating discriminatory housing practices in San Antonio and Bexar County in the areas of rental housing, real estate sales, mortgage lending, and homeowners’ insurance.
The Fair Housing Council was founded in September 1996 by a group of concerned citizens with the assistance of the National Fair Housing Alliance (N.F.H.A.) and funding from the United States Department of Housing and Urban Development (H.U.D.). This group established the Fair Housing Council because, while some discriminatory housing practices have been eliminated, recent surveys made clear that equal access to housing is far from a reality in many parts of the country, including San Antonio, Texas.
The Fair Housing Council works to eliminate discriminatory housing practices against persons because of their race, color, religion, sex, disability, familial status, or national origin. To accomplish this, the Council performs investigations of housing discrimination complaints, advocacy, community education and outreach, and fair housing trainings to both housing consumers and housing providers about their rights and responsibilities under the Fair Housing Act.
The Fair Housing Council works to promote fair housing because the results of housing discrimination have far-reaching implications. A person’s housing choice affects more than his or her place of residence. Access to housing means access to quality education, employment opportunities, banking institutions, medical facilities, retail establishments, transportation, parks, and other public services.
For more information about the Fair Housing Council of Greater San Antonio, please contact (210) 733-3247 or visit its Internet website at www.myfairhousing.org.
The Enterprise Foundation is a national, non-profit housing and community development organization launched in 1982 by Jim and Patty Rouse. The Enterprise Foundation works with more than 1,200 community-based organizations in 400 locations to make America’s low-income communities better places to be. Since its inception, The Enterprise Foundation has helped develop 100,000 homes by raising almost $3 billion in loans, grants, and equity investments.
The mission of The Enterprise Foundation is to see that all low-income people in the United States have the opportunity for fit and affordable housing and to move up and out of poverty into the mainstream of American life. To succeed, The Enterprise Foundation’s efforts are aimed at building a national movement to revitalize communities to demonstrate what is possible in America’s low-income neighborhoods and communicating and advocating change that will promote healthy communities.
Making Housing Accessible is a program of the San Antonio office of The Enterprise Foundation. The mission of Making Housing Accessible is to increase the quantity and quality of housing for people with disabilities.
For more information about The Enterprise Foundation and/or its Making Housing Accessible program, please contact (210) 225-6969 or visit its Internet website at www.enterprisefoundation.org.
Understanding Your Rights | Housing Programs | Renting Process
Community Resources | Property Entry Form | Property Search
Fair Housing Council of Greater San Antonio
4414 Centerview Drive, Suite 229
©2003 SA Fair Housing. All rights reserved. Disclaimer
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More Farmers, Better Food
Sustainable small farmers should be put at the core of EU agricultural policy, according to a new paper released today by the Nyeleni Europe and Central Asia Platform for Food Sovereignty. The strongly documented publication comes ahead of a key vote in the European Parliament's Agriculture Committee in early April, and represents the position of a pan-European coalition of farmers, peasants, pastoralists, fisherfolk, Indigenous Peoples and environmental organizations in regards to the EU's Common Agricultural Policy (CAP).
The report highlights the alarming situation in rural areas and in the food system in the EU:
Between 2005 and 2016, the number of farm holdings under 50 hectares fell by 29.4%. Over 4 million holdings disappeared in just 10 years.
Increased numbers of seasonal and often migrant workers suffer appalling working and living conditions.
Pollution linked to agrochemicals continues to have a negative impact on public health – chemical residues are found in food, nitrate and phosphorus run-off pollutes water and soil.
High levels of antibiotic use in animal farming lead to antimicrobial resistance.
Around 88 million tons of food waste is generated per year, as a result of the industrial food chain.
CAP has made the EU extremely dependent on cheap imports from regions with far lower environmental and social standards.
Stanka Becheva, food sovereignty campaigner at Friends of the Earth Europe said
"With the world facing multiple environmental and social crises, many of which are directly linked to how we feed ourselves, EU politicians need to listen to small-scale sustainable farmers who can help fix the climate crisis and the breakdown of the natural world. The food systems they create provide healthy, affordable, and local food for consumers, respects nature and climate, and create safe and dignified employment."
Laying out the part of the report focused on what is needed from the CAP for this transition to be successful, Genevieve Savigny, farmer and representative of the European Coordination Via Campesina, says "the CAP must provide small-scale sustainable producers with the adequate political, economic and social support they need. This implies fair prices, setting a capping for direct payments and a redistribution of aid. Currently, less than 2% of CAP beneficiaries receive 30% of the total budget of direct payments. This must change. More money for rural development and a collective approach of projects where peasant agroecology is promoted must be put forth. And for our youth? Support to new farmers during the first years of their activity is essential."
"This report also shows the environmental and social benefits of new, local partnerships between producers and consumers. It comes right in time to show that a new social contract between food producers and the societies they feed is highly awaited and urgently needed", says Judith Hitchman from URGENCI, the international network of Community Supported Agriculture movements.
The Nyeleni Europe and Central Asia network urges the European Parliament's Agriculture Committee to vote in favor of a coherent CAP for people and nature. This means voting for capping payments to big farms, and the maximizing redistribution of direct support to small and medium farms; a move that would send an unwavering signal that land concentration and expansion are not the way forward.
Nyeleni Report on CAP Reform, "More Farmers, Better Food"
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Trump Shrinks Utah Monuments in Historic Move
Web Team | December 7, 2017 | no comments
CNN reports:
If only the rocks could talk.
If only the sandstones could sing, imagine the stories they’d tell, of dinosaurs, mammoth hunters and the “ancient ones” known as the Anasazi.
All roamed southern Utah over the eons, long before Native Americans struggled to hold their land against Mormon settlers, modern life and now, Donald Trump.
As the President arrives in Utah Monday afternoon, this rocky corner of the Wild West is a battlefield once again, but this time the warriors will carry briefcases and lawsuits.
Trump, by signing two presidential proclamations on Monday, shrunk the size of Bears Ears National Monument by more than 80% and Grand Staircase-Escalante National Monument by roughly 45%, fundamentally reshaping the two large national monuments.
The proclamations split the two national monuments into several smaller sections. Bears Ears will be shrunk from 1.35 million acres to 228,337 acres, according to the spokesperson for Interior, and split into two separate monument sections. Grand Staircase-Escalante, a monument designated by President Bill Clinton, will be split into three sections and shrunk from 1.9 million acres to just about 1 million acres.
Trump slammed past administrations — namely Clinton’s and President Barack Obama’s — for what he called “federal overreach.” The two former Democratic president designated Bears Ears and Grand Staircase-Escalante for protection, hoping to preserve their culture, history and natural beauty.
Past administrations, Trump said, thought “the natural resources of Utah should be controlled by a small handful of very distant bureaucrats located in Washington. And guess what? They are wrong.”
“The families and communities of Utah know and love this land the best and you know the best how to take care of your land,” Trump said. “You know how to protect it. And you know best how to conserve this land for many, many generations to come.”
Locals in the area saw the designations as nothing more than a 3-million-acre federal land grab. The drillers, miners and frackers who were shut out by Clinton’s and Obama’s use of the Antiquities Act would have new leases on life. Sen. Orrin Hatch and his fellow Utah Republicans would have a major victory to celebrate.
But those who believe the rocks can talk, through countless fossils, sacred ruins and desert solitude, are bracing for a fight.
“I’m going to sue him,” says Yvon Chouinard, founder and CEO of outdoor gear maker Patagonia. “It seems the only thing this administration understands is lawsuits. I think it’s a shame that only 4% of American lands are national parks. Costa Rica’s got 10%. Chile will now have way more parks than we have. We need more, not less. This government is evil and I’m not going to sit back and let evil win.”
Chouinard led the effort to move a major outdoor show from Salt Lake City to Denver in protest of Utah’s land use politics and he’s been a big supporter of the historic coalition of the five local tribes, which put aside ancient rivalries and lobbied for monument protection.
Outdoor retailer Patagonia also lent its voice in opposition to the move Monday, setting the home page of Patagonia.com to a blacked-out page that says, “The President Stole Your Land,” with the option to learn more about “the largest elimination of protected land in American history.”
The site also gave visitors the option to support groups that are pushing back.
Interior Secretary Ryan Zinke said he was unmoved by people like Chouinard who are threatening lawsuits.
“I don’t yield to pressure, only higher principle,” he said. “And I don’t think public policy should be based on the threat of lawsuit … I feel very confident.”
But Chouinard’s arguments carry no sway at a pro-Trump, anti-monument rally in Monticello. Here, Chouinard represents all the liberal interests from outside, conspiring to pit neighbor against neighbor. “What’s his net worth? One billion dollars? Two billion?” says San Juan County Commissioner Phil Lyman. “You got Patagonia in here waving the flag of environmentalism while he’s completely exploiting the outdoors for industrialized tourism. For a person in that position to try and lecture morality to one of the poorest counties in the entire nation is wrong.”
The American Freedom Party needs your help! Send $10, $20, $50, $100, or any contribution you can via PayPal “Send Money” to treasurer@american3rdposition.com or click here:
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We are now MPLX LP!
On July 30, 2019, MPLX LP (NYSE: MPLX) acquired Andeavor Logistics LP, creating a leading, large-scale, diversified midstream company.
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The hardest lessons are a lot like a line drive to the heart.
Texas Wranglers’ ace Matt Roberts had it all: fame, fortune, his dream job. Until one line drive to the head ended it. Well, at least that was the case according to Twitter. Needing time to let his fractured skull heal—along with his psyche—Matt heads home to Del Rio, Texas, with one goal in mind—getting back to baseball. Unfortunately a certain redhead keeps driving him to distraction.
Seventh grade English teacher Jenn McDonnell is not happy that Matt’s come home and is staying with his brother—aka her best friend—while his thick skull heals. And she certainly could do without all the questions their group of friends suddenly has, like, “Why do you hate Matt so much?” Yeah, she totally has no desire to answer that one.
Unfortunately for Jenn the questions aren’t letting up, and unfortunately for Matt he can’t get Jenn off of his mind. Can Jenn put past hurt aside and teach Matt that there’s more to life than baseball? Furthermore, can Matt convince Jenn that this relationship isn’t doomed to strike out?
Baseball and Other Lessons Playlist
When you look at the playlist for Baseball and Other Lessons, you’ll probably notice something pretty quickly: the first 12 songs are all (mostly) from 2000-2009. After that, most of the songs are from 2010 and later. That’s by design; the first 12 songs are ones that inspired flashback scenes between Matt and Jenn (if you haven’t read the book yet).
It’s funny, because music tends to influence my writing in all kinds of weird and wonderful ways. In some cases I’ll hear a song and a scene will pop into my head. Such was the case with “Dancing All Around It” by Mike Ryan. Every time I heard that song on the radio or streaming on iTunes or Spotify I would just get this picture in my head of Matt and Jenn at April’s Bar, Jenn dancing and laughing and having a good time while Matt watched, brooding, trying to figure out why in the world he was so fascinated with her.
And yet other songs just seemed to fit so seamlessly into scenes, and help set the tone. Like the Civil Wars’ “The One That Got Away.” That scene was actually harder to write than you might think, because in that moment Matt and Jenn’s emotions were so very, very raw.
I also loved using Kelly Clarkson’s “Heartbeat Song” for these two, because it just worked. If you look at my other book playlists you’ll figure out I’m a Kelly Clarkson fangirl, and there’s good reason for that–amazing song writing (not to mention that voice, though, and the fact that she seems like she would make the best BFF ever).
There’s also a love scene that might not even exist if I hadn’t had Ellie Goulding’s “Love Me Like You Do” on repeat while writing it. That song definitely helped provide the creative inspiration and emotional backdrop.
So, yeah, I hope you enjoy this playlist as much as I do. It’s probably my favorite book playlist to-date (okay, if I’m being honest, Baseball and Other Lessons is probably my favorite book I’ve written to-date, too, but don’t tell my other books).
Baseball and Other Lessons Pinterest Board
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Arran's Ruined Buildings
Arran Interiors - a new publication
The Civic Trust is at present working on a book which will complement our first publication - ‘The Buildings of Arran.’ Our aim is to promote the great variety of interior design which exists on Arran. We hope to include a full range of the treasures which exist inside Arran’s buildings. We will cover the wonderful Victorian and Edwardian plasterwork, old and modern glass and the skill of local craftsmen in making objects for everyday use. We do not have a publication date yet - but in the meantime we are publishing a small selection of the photos which we already have. We hope you will find these interesting - if you live on Arran and would be willing for us to include pictures of features in your own home for us to include in the book please do get in touch via the 'Contact Us' page.
Arran Civic Trust and Lamlash Co-op erect a “Blue Plaque” for Donald McKelvie OBE
Please click on the picture for more information.
A blue plaque has been erected outside the Lamlash Co-op to commemorate the life and contribution of Donald McKelvie OBE. Donald (1867- 1947) was born on Arran and trained as an accountant in Glasgow. He returned to Arran in 1894 to take over the running of the family bakery and grocery business, trading as D. McNeish and Son. The business had been established by his grandparents Daniel McNeish and Jessie Nicol. A bakery, grocery and dairy occupied the present Lamlash Co-op building. He also became interested in horticulture. He lived in Claveron in Lamlash, and spent a large amount of his time in greenhouses in his garden there, starting in 1907, to raise a series of “Arran Potatoes” by natural selection. These were trialled on fields now built on for the High School and housing opposite the stone barn. 21 different varieties in all were cross-bred, 8 of which won Lord Derby gold medals including for Arran Pilot and Arran Banner. Others that became well known were Arran Victory (a heavy cropper), Arran Chief and Arran Cairn. It was from Arran Cairn, another gold medal winner, that Maris Piper was developed. He was awarded the OBE for services to agriculture as the pioneer breeder of “Arran” varieties of potatoes, which were resistant to wart disease.
Donald was also renowned for the breeding of Highland Ponies, one of the three native breeds of the Scottish Highlands and Islands; the others are the Shetland pony and the Eriskay pony. Over many centuries the breed has adapted to the variable and often severe climatic and environmental conditions of Scotland. Their winter coat consists of a layer of strong badger-like hair over soft, dense underfelt, which enables this breed of pony to live out in all types of weather. This coat is shed in the spring to reveal a smooth summer coat. This essential hardiness is combined with a kindly nature and even temperament. In the earliest period of development of the domesticated breed, there were two types: the small and light pony of the Western Isles, and the larger and heavier mainland-bred type. The larger animals were commonly called garrons, and it was these that Donald bred highly successfully. Today, there is generally less distinction between the types within the Highland pony breed. However the phenotype of the smaller animal survives in the rare Eriskay pony.
The blue plaque is a cast aluminium plate with raised lettering, finished in hard, baked long lasting enamelled paint. The Lamlash Co-op has kindly funded the plaque from its community fund. These plaques can be found on buildings throughout the UK, commemorating people and/or events from the past.
Some of Donald McKelvie�s relatives attending
Despite stormy weather a Blue Plaque to honour the dedication of Donald McKelvie and his practical skills in breeding new disease resistant potatoes and also Highland ponies was unveiled on the wall outside of the Lamlash Co-op by Lamlash Primary School, represented by 8 pupils from the pupil council, Mr Douglas Auld and Mr Robert Halliday.
The pupils are engaged in growing Arran potatoes this spring under the direction of Mr Halliday, maintaining an Arran tradition. The plants are already showing healthy tops.
McKelvie originally trained as a chartered accountant in Glasgow but returned in later years to run his uncle�s bakery and merchant�s shop in Lamlash in what is now the Co-op store. Also present were relatives of McKelvie and Committee members of Arran Civic Trust, responsible for designing the plaque. John Inglis, chair of the Trust thanked the staff of Lamlash Co-op and in particular the local manager Hilary Crawford for enthusiastically supporting the project with financial assistance through their community fund and John Marshall, an expert on Arran potatoes, who had originally introduced the idea to Arran Civic Trust.
John Inglis chair of Arran Civic Trust and the Blue Plaque
The weather prevented the erection of the gazebo on the Green so the Glenisle Hotel kindly provided space for the display stand and welcomed the attendees. Over coffee John Marshall gave an introduction to McKelvie and his potatoes and also the status of potatoes in diets around the world. A surprising fact is that the new frontier for the ubiquitous potato is China where the staple is starting to replace rice. Mr Marshall also went on to talk to the primary school pupils in the afternoon where there was also great curiosity about the history of potatoes and the Arran role in their development.
Blue plaques are commonplace throughout the country and are valuable in raising awareness and adding to visitor interest. Maybe the success here in galvanizing local interest will promote opportunities elsewhere on the island.
Pupils of Lamlash Primary and Co-op staff
Sannox Church proposed development
Here is an artist’s impression of the proposed development at Sannox United Reformed Church which has been sold to a Christian group, now a charitable trust, under the leadership of George Hazel, a transport planner from East Lothian. A planning application has been made.
The group’s intentions are to make the church and surrounds a retreat, a place of worship and a social and creative centre with accommodation for about 22 people who will visit and stay for short period. George Hazel has stressed that the centre intends to be inclusive and encourage constructive relations with the local community.
Another part to the intended development will be a parallel Trust committed to affordable housing with the intention to buy existing houses rather than build new.
The Arran Civic Trust is a registered Scottish charity, number 023504 and is affiliated to The Scottish Civic Trust
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All-time Bundesliga (Germany/1st division): Chart of all clubs with at least one season in the German 1st division (56 seasons/since 1963-64/55 clubs); with German titles listed.
Filed under: >Football: All-time 1st Div,Germany — admin @ 9:50 am
List: All-time Bundesliga + German titles
By Bill Turianski on 25 October 2018; twitter.com/billsportsmaps.
-Germany – Bundesliga All-Time Tables 1963/64-2017/18 (rsssf.com).
-All-time Bundesliga table;
-List of German football champions/Performance by club;
-Bundesliga (en.wikipedia.org).
-Small kit illustrations from each team’s page at en.wikipedia.org.
This chart is similar to the one I made for England earlier this year {here: England, 1st division – all-time: List of all clubs with at least one season in the English 1st division (120 seasons/since 1888-89/65 clubs).}.
The German chart here is a bit more complicated than the England chart. That is because Germany did not have a country-wide national (pro) league until the Bundesliga was instituted in 1963-64. Before that, starting in 1903, the German football title was decided by round-robin tournaments with representative teams from the several regional leagues. So unlike in England, in Germany, there were national football titles long before there was a national 1st division league.
There are 7 clubs that won German titles in the pre-Bundesliga era (1903-63), that ended up never playing in the Bundesliga. Those clubs are shown in the section at the foot of the chart. Most of these clubs have evolved into small and amateur lower-leagues clubs. The exceptions are Holstein Kiel, a 2nd division side; and Austrian club Rapid Vienna. (SK Rapid Vienna [Wein] played in the German football system from 1938-45; Rapid Vienna currently play in the Austrian Bundesliga [Div I, Austria].)
There are a few other things different on this All-time-1st-Div-Germany list than on the All-time-1st-Div-England list…
A). At the centre of the chart, I combined two columns: the column for “Consecutive Seasons in the 1st Division” is now combined with the column for “Last season that the club was previously in the 1st Division”. I combined them because it is an either/or situation.
B). I had to scrap the column, at the right-centre of the chart, that shows a segment of the jersey worn by each club from the most recent season that the club was in the 1st division {via historicalkits.co.uk}. I had to scrap that because, to my knowledge, no such imagery exists online for any country on the Continent. So I had to settle for the primitive kit illustrations that Wikipedia uses for football clubs. The plus side of this is that it is easier to tell which clubs on the chart are currently [2018-19] in the top flight.
C). Clubs are listed with their most popularly-used name at the far left of the chart, and with their full name at the far right of the chart.
I will continue on with this format with All-time-1st-Div-Italy, to be posted in mid-December 2018. All posts in this format will be in the new category >Football: All-time 1st Div, which can be found near the very top-right of the Categories list.
I also have ones ready for All-time-1st-Div-France (to be posted in mid-January 2019), plus one for All-time-1st-Div-Spain.
Below: the 10 clubs in German football with the most seasons spent in the Bundesliga…
Sources: club-membership numbers from worldfootball.net/competition/bundesliga, in the Profile section on each club’s page there; attendance figures from european-football-statistics.co.uk/attn.htm; population figures from en.wikipedia.org.
Joint-1st. Werder Bremen (55 of 56 Bundesliga seasons). A founding member of the Bundesliga in 1963-64, Werder Bremen are from Bremen, which is a city-state in the northwest of Germany. (Bremen is one of 3 city-states in Germany, and is the smallest of the 16 federal states of Germany.) Bremen has a population of around 568,000 and a metro-area population of around 2.4 million {2017 figures}. Werder Bremen claims 36,500 members, which is slightly less their recent average attendances (Bremen drew 38.7 K last season and drew 40.8 K in 2016-17). Werder Bremen have only been relegated once, in 1980, and they bounced straight back to the Bundesliga the following year. Werder Bremen have won 4 German titles (1965, 1988, 1993, 2004). Werder Bremen wear Blue/Green-with-White.
Joint-1st. Hamburg (55 of 56 Bundesliga seasons.) A founding member of the Bundesliga, Hamburger SV are from the city-state of Hamburg in northwest Germany. (Hamburg is the 2nd-largest city in Germany after Berlin.) For years, Hamburg took pride in the fact that they were the sole German club to have played in every season of the Bundesliga. They even had a clock at their stadium which displayed how long, consecutively, they had been in the top flight. As the decade of the 2010s wore on, that clock became an albatross on the shoulders of the team. {See this article from the New York Times from Feb. 2017, Time and a Relentless Clock Weigh on Hamburg Soccer Team (by Andrew Keh at nytimes.com/soccer).} And so the relegation that Hamburg had been flirting with for years, became a reality, in the spring of 2018. Hamburg have won 6 German titles (1923, 1928, 1957, 1976, 1980, 1983). That last title in 1983 coincided with their winning of the 1983 European Cup. Hamburg sport a flag-shaped blue crest which features a black and white diamond, but despite that, their primary colour is red: they wear White-and-Red-with-Blue-socks.
3rd. Bayern Munich (54 of 56 Bundesliga seasons). Fußball-Club Bayern München are called Bayern Munich in the Anglophone world. In Germany, because of the giant shadow they cast – and all the drama they create, and all the self-entitlement they project – they are often called FC Hollywood. Bayern Munich are basically one of the most successful football clubs in the world, with 28 German titles [the most by far] and 4 European titles (last in 2013). They could easily be called the New York Yankees of Germany. Bayern Munich have the most club-members by far in Germany – over 290,000. Bayern Munich are the second-best-drawing club in Germany (behind only Dortmund), and they always play to 100% capacity, drawing exactly 75 K, in their space-age Allianz Arena (or so they say). The odd thing is, the club was not selected to join the inaugural season of the Bundesliga in 1963-64. That was because of the rule which stipulated that only one club per city could be part of the first Bundesliga…and at that point in the mid-1960s, the now-3rd-division club 1860 Munich was the most successful club from the Bavarian city of Munich. Bayern Munich did not join the Bundesliga until the 3rd season. Since then, Bayern Munich have essentially dominated German football. The club currently has a 6-consecutive-titles streak, but that streak is in jeopardy this season, as there is looking to be a multi-team title race, and Dortmund, or Bremen, or ‘Gladbach (or Leipzig), could wrest the title from Bayern Munich come April 2019. Bayern Munich’s crest features the white-and-blue-diamonds that are on the flag of the Free State of Bavaria (which is the largest state in Germany). They wear Red-with-White-trim, and often feature dark-blue trim.
4th. Stuttgart (53 of 56 Bundesliga seasons). A founding member of the Bundesliga, VfB Stuttgart are from Stuttgart, Baden-Württemberg, in the southwest of Germany. (Stuttgart is called the cradle of the automobile and is home to Mercedes-Benz and Porsche.) Stuttgart were a founding member of the Bundesliga; they have been relegated twice: in 1974-75 (spending 2 seasons in the 2nd tier), and in 2015-16 (bouncing straight back to the top flight). Stuttgart have won 5 German titles (1950, 1952, 1984, 1992, 2007). Stuttgart wear White-with-Red; their badge features black deer antlers on a yellow field. (Deer antlers are part of the coat of arms of Württemberg. By the way, deer antlers are also featured on the Porsche logo.)
5th. Dortmund (52 of 56 Bundesliga seasons). A founding member of the Bundesliga, Borussia Dortmund are the highest-drawing football club in Germany, and have been drawing between 79 K and 81 K per game since 2010-11. In fact, Dortmund are the highest-drawing football-club in the whole of Europe, and have been filling their 81.3-capacity Westfalenstadion in excess of 97-percent-capacity for eight straight seasons. Dortmund have 155,000 club members, which is basically the same amount as their nearby rivals Schalke, and only Bayern Munich have more club members. Dortmund are from Dortmund, North Rhine-Westphalia, in western Germany, which is part of the Rhine-Ruhr mega-city, the largest urban area in Germany, with a population exceeding 5 million {see this en.wikipedia.org/wiki/Rhine-Ruhr}. (Each season in the Bundesliga there are usually around 4 or 5 top-flight clubs which are from the Rhine-Ruhr region, and in 2018-19 there are 6 Rhine-Ruhr clubs: Dortmund, Schalke, Mönchengladbach, Köln, Bayer Leverkusen, and Fortuna Düsseldorf.) Dortmund have won 8 German titles, and have been repeat-champions twice (1995 & 1996, 2011 & 2012). Dortmund wear Yellow-and-Black.
Joint-6. Schalke (51 of 56 Bundesliga seasons). A founding member of the Bundesliga, FC Schalke 04 are from Gelsenkirchen, in the Rhine-Ruhr mega-city, only about 22 miles, by road, west of Dortmund. Schalke and Dortmund contest the Revierderby. Schalke are the 3rd-highest-drawing club in Germany, usually drawing between 60 and 61 K, and they boast over 155,000 club members. But Schalke have under-achieved for years, and have not won a German title in over half a century: the last of their 7 titles was won pre-Bundesliga, in 1958. Scalke wear Blue-with-White.
Joint-6. Mönchengladbach (51 of 56 Bundesliga seasons). Borussia Mönchengladbach are from the far-western edge of the Rhine-Ruhr mega-city, very close to the border with the Netherlands. ‘Gladbach’s glory days were in the early-to-mid-1970s, when they won 5 titles in 8 seasons, including back-to-back-to-back titles in 1975-77. (Bayern Munich are the only other club to have won 3 Bundesliga titles in a row.) Their nickname of Die Fohlen (the Foals) came from this era, reflecting the squad’s youth and dynamism. But the club evolved into a bottom-half of the table side by the 1990s, and suffered relegations in 1999 and in 2007. But since moving into their 54-K-capacity stadium in 2004, ‘Gladbach’s fortunes have, in general, improved. Borussia Mönchengladbach boasts 83,000 members, and by that metric, are the 6th biggest club in Germany. They wear White-with-Green-and-Black-trim.
8th. Eintracht Frankfurt (50 of 56 Bundesliga seasons). A founding member of the Bundesliga, Eintracht Frankfurt are from Frankfurt, Hesse (the 5th-largest city in Germany after Berlin, Hamburg, Munich, and Cologne). (“Eintracht” means harmony, and is the German equivalent of a club having “United” in its name.) Frankfurt may have participated in the lion’s share of Bundesliga seasons, but (like Schalke) they have never won the competition: Eintracht’s sole German title came in 1959. But the Eintracht Frankfurt team these days is rather competitive, and they won the DFB-Pokal [German Cup] in 2018. Eintracht Frankfurt usually wear Red-and-Black, but are sporting Black-and-Grey this season.
9th. Köln (48 of 56 Bundesliga seasons). A founding member of the Bundesliga, 1. FC Köln, are currently in the 2nd division. Köln are from Cologne, North Rhine-Westphalia, on the southern edge of the Rhine-Ruhr mega-city. (Köln are often called Cologne in the English-speaking sports world.) FC Köln have 102,000 members, making them, by that measurement, the 4th largest club in Germany. But that is a bit misleading, because Koln usually are the 7th or 8th-best drawing team in the country, drawing between 46 and 48 K. Since the mid-1990s, the team has periodically imploded, and they have suffered 4 relegations in the last 31 years. Köln were relegated in 1998, in 2006, in 2012, and once again in 2018. Köln have won 2 German titles (in the inaugural season of the Bundesliga in 1964, and in 1978). Köln wear White-with-Red-trim, and sport a crest that features a billy-goat (their mascot) and a silhouette image of the Cologne Cathedral (Germany’s most-visited landmark).
10th. Kaiserslautern (44 of 56 Bundesliga seasons). A founding member of the Bundesliga, Kaiserslautern, are currently in the 3rd division. They are from Kaiserslautern, Rhineland-Palatinate in western Germany. Kaiserslautern are probably most renowned for being the most-recent team in the Big Five Western European leagues to gain promotion to the 1st division and then go on to win the title the following season. This happened in 1997-98. (The most recent team to achieve this unique accomplishment in England was, of course, Nottingham Forest in 1977-78; and before that it was Ipswich Town in 1961-62.) Kaiserslautern are the team in this top ten list that is from the smallest city, by a large margin: the city of Kaiseslautern has a population of only 99,000 {2017 figure}. So it is not surprising that Kaiserslautern have had a tough time of maintaining their status as a top-flight club, and indeed, they found themselves relegated to the 3rd division in 2018. Kaiseslautern wear Red-with-White.
Thanks to all at the links below…
Germany – Bundesliga All-Time Tables 1963/64-2017/18 (rsssf.com).
All-time Bundesliga table; List of German football champions/Performance by club; Bundesliga (en.wikipedia.org).
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Biography – BRODEUR, LOUIS-PHILIPPE (baptized Louis-Joseph-Alexandre; Philippe) – Volume XV (1921-1930) – Dictionary of Canadian Biography
Source: Library and Archives Canada/MIKAN 3213089
BRODEUR, LOUIS-PHILIPPE (baptized Louis-Joseph-Alexandre; no explanation has been found for the change of name; he is listed in the 1871 census simply as Philippe), lawyer, politician, and judge; b. 21 Aug. 1862 in Belœil, Lower Canada, son of Toussaint Brodeur, a farmer, and Justine Lambert; m. there 27 June 1887 Emma Brillon, and they had four sons and one daughter; d. 2 Jan. 1924 at Spencer Wood, Sillery, Que., and was buried 5 January in Belœil.
Louis-Philippe Brodeur grew up in a Liberal family. His father and his maternal grandfather, Pierre Hébert-Lambert, supported the Patriotes and on 25 Nov. 1837 fought in the battle of Saint-Charles-sur-Richelieu, where the latter was killed. As a result, Brodeur’s childhood was imbued with the memory of these events and it was inevitable that he would throw in his lot with the Liberals.
From 1875 to 1881 Brodeur studied at the Séminaire de Saint-Hyacinthe, where his marks ranked him as one of the best students of his year. He then enrolled in the faculty of law at the Université Laval in Montreal and reportedly articled in that city in the law firm of Honoré Mercier*, leader of the Quebec Liberal party at the time. Graduating in 1884, Brodeur was called to the bar in July of that year. He would be made a qc in 1899. The young lawyer first opened an office in Montreal with Edmond Lareau*. He is believed to have also worked with François-Xavier Dupuis, among others. He subsequently made the acquaintance of Raoul Dandurand*, another young Liberal, with whom he went into partnership around the middle of 1891. Brodeur and Dandurand began to engage seriously in politics and they soon attracted attention. Brodeur was invited to be the federal Liberal candidate for Rouville.
The election of 5 March 1891, which made Brodeur the Liberal mp, marked a turning point in his career. Like many others, he sought to rise through the ranks of the party. While waiting to be offered important political assignments, he wrote the occasional article for L’Électeur (Quebec) and La Presse and La Patrie (Montreal). For La Patrie his contributions would include a series about the Manitoba schools question, praising the settlement reached by Wilfrid Laurier* and Thomas Greenway*. In 1896, with Philippe-Auguste Choquette* and Frédéric-Ligori Béïque*, he founded Le Soir. This newspaper was intended to be the organ of the federal Liberal leader, Laurier, in opposition to La Patrie, the radical Liberal paper of Honoré Beaugrand*. Brodeur was the owner and publisher with Choquette of Le Soir, and a member of its editorial board along with Horace Archambeault* and Christophe-Alphonse Geoffrion*. Founded to spread the message of moderate Liberals during the 1896 election campaign, it proved ephemoral, the last issue appearing on 31 August, after only four months of publication.
Brodeur was returned in Rouville in the federal election of 23 June 1896, which brought Laurier’s Liberals to power. Hoping to make his leader’s task easier, he offered to resign his seat to make way for a potential cabinet minister who had been defeated. Laurier would not forget this offer, and when he was selecting his cabinet, he summoned Brodeur to Ottawa. The young mp thought he would have to give up his seat, but during their meeting Laurier offered him the post of deputy speaker of the House of Commons. Brodeur’s increasingly important party responsibilities – writing for the party newspapers and organizing meetings in the province – revealed his abilities. Laurier appointed him speaker of the house on 29 Nov. 1900, and he took up his duties on 6 Feb. 1901. His loyalty to his leader, whose moderate liberalism and respect for institutions he shared, enabled him to rise through the ranks.
Late in 1902, after forcing Joseph-Israël Tarte* to resign, Laurier embarked on a thorough reorganization of his party, which he used to reward his most faithful supporters. Thus, on 19 Jan. 1904 Brodeur became minister of inland revenue. He held this portfolio only a short time, for on 6 Feb. 1906, following the sudden death of Raymond Préfontaine*, he was appointed minister of marine and fisheries and given responsibility for the political district of Montreal.
At first, Brodeur was Laurier’s man in charge of patronage in the province of Quebec. The lists for handing out favours were among the things he controlled. Then he became an important adviser to the prime minister, as the tasks he would be called to carry out show. In a political system where loyalty to the leader ensured advancement, Brodeur’s devotion to Laurier, combined with his leadership qualities, guaranteed him a choice spot. It was probably at this time that Brodeur began to figure as one of the most prominent Liberals in the province. In 1908 he was responsible for the election campaign for all of Quebec. Early in his ministry he proposed a major reform in the Montreal Harbour Commission and he improved navigation on the St Lawrence by having buoys put in place and getting the shipping lane deepened.
Brodeur came to play an important role in strengthening Canada’s stature in international affairs. After the settlement of the Alaska boundary dispute in 1903, an issue in which Great Britain abandoned the colony, Laurier became increasingly convinced that Canada should take charge of its own affairs. An occasion arose in 1907, when the Liberal government decided to negotiate trade agreements with France and Italy. Laurier, who was highly regarded in Great Britain, received the authority to send two ministers – William Stevens Fielding, minister of finance, and Brodeur were chosen – to hold discussions with the two countries, on condition that the final agreement be countersigned by the British ambassador. The negotiations began in France, where Brodeur acted on his own since Fielding spoke no French and the French negotiators spoke no English. This mission was successful; it marked a decisive step forward in trade relations between Canada and foreign countries. In August 1907 the representatives of France and Canada concluded an agreement providing for lower import duties on some products. However, given the duration of the negotiations in Paris and the imminent opening of parliament, Brodeur and Fielding returned to Canada without going to Italy. In recognition of his participation, Brodeur was made an officer of the Legion of Honour in 1908.
As minister of marine and fisheries, Brodeur also dealt with the creation of a Canadian navy, which had become a crucial issue given German military threats in Europe. Although the idea had been advanced during the administration of his predecessor, Préfontaine, following the 1902 colonial conference, it was during Brodeur’s term in office that the navy was established. Laurier, Brodeur, and Sir Frederick William Borden*, minister of militia and defence, represented Canada at the 1907 imperial conference, at which a plan for centralizing the naval defence of the British empire was discussed. Like Laurier, Brodeur rejected this plan, maintaining that Canada, which had been responsible since 1885 for its fishing grounds and the Great Lakes, was quite capable of taking charge of the defence of its coasts. In the same spirit, Brodeur wrote to Laurier late in 1908 that the time had come for Canada to pass its own legislation on naval matters. On 29 March 1909, on a motion by George Eulas Foster*, the House of Commons agreed in principle to the creation of a Canadian navy. In August 1909 Brodeur and Borden represented Laurier at another imperial conference. After strong opposition from the Canadian delegates, Great Britain’s first lord of the Admiralty, Reginald McKenna, abandoned the idea of including Canada in his imperial navy. He agreed that Britain should lend two warships and that Canada would organize its own naval defence. In his capacity as minister of marine and fisheries, Brodeur now set to work.
The bill to create a Canadian navy was introduced in the House of Commons on 12 Jan. 1910. It provided for Canada to assume responsibility for the defence of its eastern and western coasts, freeing Great Britain from this burden and thereby enabling it to concentrate on organizing its own defence. The bill was attacked on all sides; it suited neither the French Canadian nationalists led by Henri Bourassa*, who had not held a seat in the house since October 1907, nor the English Canadian Conservatives led by Robert Laird Borden*. The former considered the bill too generous towards the British navy, which would be able to make use of the Canadian navy in the event of an emergency; the latter accused it of underestimating Great Britain’s needs. Brodeur was ill and unable to take part in the debate. He was absent on the day the bill was introduced and had to count on Laurier and Rodolphe Lemieux* to defend it. On 4 May approval was given to the act creating the Department of the Naval Service.
In all likelihood suffering from serious intestinal ailments, Brodeur stayed out of politics for a good part of 1910, and it seemed his career would soon come to an end. Ill health did not, however, prevent him from accepting responsibility for the new department, in addition to his existing ministerial responsibilities. Moreover, he led the Liberal forces in the federal by-election of 3 Nov. 1910 in Drummond and Arthabaska, where he had to face the Conservatives and Nationalistes led by Bourassa, Armand La Vergne*, and Frederick Debartzch Monk*. Henri-Sévérin Béland*, the Liberal mp for Beauce, assisted him in this task. The election resulted in a surprise victory of the Nationalistes and a bitter defeat for the Liberals. In mid 1911, Brodeur accompanied Laurier to London for the coronation of George V and the imperial conference. The minister was then in the process of organizing the navy. Meanwhile, in Canada, the Liberals were preparing for the expected election following negative reaction to the reciprocity agreement with the United States [see Laurier].
Brodeur took no part in this election, which proved a disastrous one for the Liberals. Because of his illness, he was physically less and less able to perform all his political tasks. He was also beset by insinuations of corruption, the most insistent coming from Godfroy Langlois, who in Le Canada and Le Pays attacked him for patronage. Brodeur had to resign. On 11 Aug. 1911, the day after he retired from political life and shortly before his 49th birthday, he was named to the Supreme Court of Canada. His was a purely political appointment (the last, apparently, in the court’s history). Despite an honorary doctorate conferred on him by the Université Laval in 1904, Brodeur had few accomplishments to his credit in his legal career.
At the Supreme Court, Brodeur became the champion of the principles and distinctive features of the Quebec Civil Code. English Canadian judges seemed inclined to read the Civil Code in light of the common law. In a number of judgements, Brodeur reiterated that any analogy of this kind can only lead to serious errors of interpretation. Clearly, he looked at some of his colleagues with a critical eye. On 19 July 1918 Brodeur and one other judge dissented from a Supreme Court decision which validated an order in council authorizing the cabinet to cancel exemptions that the Conservatives had initially granted under the Military Service Act of 1917. Even though the cancellations were upheld, he registered his dissent once again, an event that stood out in a judicial career that was, on the whole, rather uneventful.
Illness continued to plague Brodeur and made his life increasingly difficult. In 1923 he expressed a wish to retire because of his deteriorating health and the gnawing arthritis that made it painful for him to write his decisions. When his mind was made up, his Liberal friends did not forget him. First among them was Prime Minister William Lyon Mackenzie King*, to whom Brodeur had been very helpful during the transfer of power after Laurier’s death in 1919. On 19 Sept. 1923, in the company of Fielding and Charles Murphy*, King reached the decision to offer Brodeur the post of lieutenant governor of Quebec, and he went to his home to put the proposal to him. Surprised but grateful, Brodeur accepted. For him, this appointment was a confirmation of the esteem in which he was held by his Liberal friends and former colleagues. He resigned from the Supreme Court on 10 October and was sworn in as lieutenant governor on the 31st.
Brodeur barely had time to take up his new duties. On 23 December the symptoms of his illness became persistent and on the 30th he suffered an intestinal haemorrhage. He died on the morning of 2 Jan. 1924, succombing to a disease that had dogged him all his life. On that day King wrote in his diary: “In this [death] I lost a devoted and true friend, and the party as well. His kindness of heart it would be difficult to surpass. In all that pertained to my coming into ‘Laurier House’ he was like a brother or a father.”
From about 1906 until his enforced retirement from public life in August 1911, Louis-Philippe Brodeur had been, next to Laurier, the most important Liberal in Quebec. He had successfully managed the provincial Liberal machine, which had played a decisive role in the survival of Laurier’s various governments, and he had done so always in harmony with the leader’s thinking. A front-line fighter in the quest for Canada’s diplomatic independence, he had been responsible for the first purely Canadian international trade negotiations. As the man responsible for the creation of the navy, the forerunner of the Royal Canadian Navy and the Royal Naval Canadian Volunteer Reserve, he had linked his name with a great national institution. Illness abruptly brought to an end the accomplished career of one of Laurier’s most trustworthy lieutenants.
René Castonguay
[Material concerning Louis-Philippe Brodeur is held in various repositories. Collections at the NA include Brodeur’s own papers (MG 27, II, C4) as well as those of Victor-Gabriel Brodeur (MG 30, E312), William Lyon Mackenzie King (MG 26, J), and Wilfrid Laurier (MG 26, G). At the ANQ-Q, information on the final weeks of Brodeur’s life is provided in the diary of Denis-Benjamin Papineau (P569), the lieutenant-governor’s aide-de-camp. Brodeur’s papers at the ANQ-M (P64) include letters, photographs, and five scrapbooks of newspaper clippings; in addition, this repository holds his baptismal and marriage records (CE601-S49, 23 août 1862, 27 juin 1887). Interesting details are also found in the memoirs of Brodeur’s friends and contemporaries: L.-O. David, Souvenirs et biographies, 1870–1910 (Montréal, 1911), and Raoul Dandurand, Les mémoires du sénateur Raoul Dandurand (1861–1942), Marcel Hamelin, édit. (Québec, 1967).
Little has been written on Brodeur’s career, but information on him can be found in biographies of his major contemporaries and works on the cases which he defended: Réal Bélanger, Wilfrid Laurier; quand la politique devient passion (Québec et Montréal, 1986); R. MacG. Dawson and H. B. Neatby, William Lyon Mackenzie King: a political biography (3v., Toronto, 1958–76); B. L. Vigod, Quebec before Duplessis: the political career of Louis-Alexandre Taschereau (Kingston, Ont., and Montreal, 1986); Robert Rumilly, Honoré Mercier et son temps (2v., Montréal, 1975); John Hilliker, Canada’s Department of External Affairs (2v., Montreal and Kingston, 1990–95), 1; and M. L. Hadley and Roger Sarty, Tin-pots and pirate ships: Canadian naval forces and German sea raiders, 1880–1918 (Montreal and Kingston, 1991). For his Supreme Court career, see Ian Bushnell, The captive court: a study of the Supreme Court of Canada (Montreal and Kingston, 1992); J. G. Snell and Frederick Vaughan, The Supreme Court of Canada: history of the institution ([Toronto], 1985); and J.-L. Baudouin, “L’interprétation du Code civil québécois par la Cour suprême du Canada,” La Rev. du Barreau (Montréal), 53 (1975): 715–37. Mention should also be made of the article on Brodeur by his grandson, N. D. Brodeur, “L. P. Brodeur and the origins of the Royal Canadian Navy,” in The RCN in retrospect, 1910–1968, ed. J. A. Boutilier (Vancouver and London, 1982), 13–32, and of the Brodeur family history: Clément et Grégoire Brodeur, Brodeur: essai sur l’histoire et la généalogie de la famille Brodeur en Amérique (Saint-Hyacinthe, Qué., 1981). r.c.]§
Legal Professions – Judges
Legal Professions – Lawyers
Office Holders – Provincial and territorial
Politicians – Federal Government
Communications – Newspapers and magazines – Journalists
Communications – Newspapers and magazines – Owners and editors
North America – Canada – Ontario – East
FIELDING, WILLIAM STEVENS (Vol. 15)ARCHAMBEAULT, Sir HORACE (Vol. 14)BEAUGRAND, HONORÉ (baptized Marie-Louis-Honoré) (Vol. 13)BORDEN, Sir FREDERICK WILLIAM (Vol. 14)BORDEN, Sir ROBERT LAIRD (Vol. 16)BOURASSA, HENRI (Vol. 18)BÉLAND, HENRI (Vol. 16)FOSTER, SIR GEORGE EULAS (Vol. 16)More
GEOFFRION, CHRISTOPHE-ALPHONSE (Vol. 12)GREENWAY, THOMAS (Vol. 13)KING, WILLIAM LYON MACKENZIE (Vol. 17)LANGLOIS, GODFROY (Vol. 15)LAREAU, EDMOND (Vol. 11)LAURIER, Sir WILFRID (baptized Henry-Charles-Wilfrid) (Vol. 14)LEMIEUX, RODOLPHE (baptized Rodolphe-Toussaint) (Vol. 16)MERCIER, HONORÉ (Vol. 12)MONK, FREDERICK DEBARTZCH (Vol. 14)PRÉFONTAINE, RAYMOND (Vol. 13)TARTE, JOSEPH-ISRAËL (Vol. 13)BESSETTE, ARSÈNE (baptized Moïse-Arsène) (Vol. 15)HAZEN, Sir JOHN DOUGLAS (Vol. 16)IDINGTON, JOHN (Vol. 15)
LAURIER, Sir WILFRID (baptized Henry-Charles-Wilfrid)
BEAUGRAND, HONORÉ (baptized Marie-Louis-Honoré)
ARCHAMBEAULT, Sir HORACE
FOSTER, SIR GEORGE EULAS
LEMIEUX, RODOLPHE (baptized Rodolphe-Toussaint)
BÉLAND, HENRI
BESSETTE, ARSÈNE (baptized Moïse-Arsène)
IDINGTON, JOHN
HAZEN, Sir JOHN DOUGLAS
René Castonguay, “BRODEUR, LOUIS-PHILIPPE (baptized Louis-Joseph-Alexandre; Philippe),” in Dictionary of Canadian Biography, vol. 15, University of Toronto/Université Laval, 2003–, accessed January 22, 2020, http://www.biographi.ca/en/bio/brodeur_louis_philippe_15E.html.
Permalink: http://www.biographi.ca/en/bio/brodeur_louis_philippe_15E.html
Author of Article: René Castonguay
Title of Article: BRODEUR, LOUIS-PHILIPPE (baptized Louis-Joseph-Alexandre; Philippe)
Publication Name: Dictionary of Canadian Biography, vol. 15
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Jack Goes Boating
Posted by Jonny Sims On October 27, 2011 0 Comment
Jack Goes Boating fall into the modern habit of believing the words ‘quirky’ and ‘realistic’ are interchangeable, if not completely synonymous. The film comes courtesy of the same producers as Little Miss Sunshine, so it’s immediately obvious the brand of adorably bittersweet indie comedy they’re going for. Unfortunately the dialogue seems an ill fit for the cast and it feels like a rather dark drama has been ham-handedly forced through an eccentricity machine.
So we have Jack (Hoffman), right? Now, Jack’s a quiet, awkward chap who works as a limo driver and has never had a real relationship, despite pushing middle age. His only real friends are Clyde and Lucy (Ortiz and Rubin-Vega), whose own relationship is clearly heading towards a rather messy end. Nonetheless, they decide to set Jack up with Connie (Ryan), who is, by way of contrast, awkward and quiet. They hit it off, however, but because he’s not good at relationships, Jack accidentally agrees to go boating (he can’t swim!) and cook her a meal (he can’t cook!). So he has to learn both these things!
Now, in any other comedy this would be where he attempts both these things with hilarious consequences. Jack Goes Boating, however, is an indie comedy, which means the scenes are just odd (just like real life is totally odd, right?), and it is assumed that odd automatically equals endearing. At one point, while Jack is taking swimming lessons from Clyde, he notices someone else teaching his friend how to swim in exactly the same way! And the friend has no legs! I know, right? Maybe there’s some deep metaphor for Jack’s own inabilities being overcome, but fundamentally it seems like the film’s just being a bit weird because that’s what it think indie films are meant to do.
Which brings us to the dialogue. There’s all too often an odd sense that it somehow doesn’t fit the characters speaking it. The four central personalities are all rendered well, and with plenty of depth, and yet often, for no reason, they’ll spout something bizarre to placate Mikalcera, God of Indie Comedies. For instance, in what could be quite a touching scene, Jack and Connie are in bed together for the first time, and she’s admitting that she had previously had a fantasy about Jack, where they made love. Oh and in her fantasy they were in “super-space”. What? Why? Is Connie into science fiction at all? Is she just an errant daydreamer? WHY IS THIS SPACE SUPER? At no point in the film are any of these points addressed, it’s just one more ‘idiosyncratic’ line tossed off for the sake of it.
Not to mention the fundamental lack of chemistry between Hoffman and Ryan, which means that when they’re sitting there awkwardly getting to like each other, it just seems like we’re watching two very uncomfortable people sitting together. There’s no spark, which makes the odd ‘heartfelt’ line seem alarmingly out of place. If anything, it ends up making the whole thing seem a little bit creepy. Like you’re watching people having their skin worn by the Quirk Fairy.
This is the same for all the characters, there are so many unnatural lines, not to mention all the pointless scenes that add nothing to anything. They only seem to be there because the movie can’t distinguish between engaging insights into a someone’s life and trivial bullshit. It’s not a bad movie, exactly, but it clearly wants to be like the reggae version of “By the Rivers of Babylon” it keeps playing – a positive, uplifting tune with sad lyrics. Unfortunately, despite flashes of good writing and some potentially strong performances, it just ends up feeling discordant.
Previous: The Adventures of Tintin: The Secret of the Unicorn
Next: A Film with Me in It
Jonny Sims
Tags :Amy RyanDaphne Rubin-VegaJack Goes BoatingJohn OrtizLittle Miss SunshinePhilip Seymour Hoffman
RIP Philip Seymour Hoffman
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Party funding and MPs’ pay: you get the democracy you pay for
On Wednesday, David Cameron and Ed Miliband traded blows on each other’s party funding structure. The Independent Parliamentary Standards Authority (Ipsa) will on Thursday say MPs’ pay should rise 9.3% to £74,000, after the next election. Who would want to be a politician? We need to grow up if we want an effective democracy.
All political parties have dysfunctional funding arrangements. A party funded by a few unions isn’t good for democracy. A party funded by a few hedge funds isn’t good for democracy. Corporations, wealthy individuals, vested interests, overseas residents and criminals all contributing to party funding distorts our democracy creating an unrepresentative debate in the Mother of Parliaments.
In 2010, the total reported national campaign expenditure by all political parties across the UK on the general election was £31.5m or less than £1 for every one of the 29.7m votes cast. Not bad when you consider the US presidential election cost £3.7 billion or £29 for every vote cast. As of 2011, there were 46m electors, meaning the whole election shebang cost less than 68p per elector.
Political parties raised £40m in political funding in 2012, £31m from donations and £9m from public funds. Dividing that between the electors means a whopping cost of 87p per elector.
It costs about £1 billion to run the Houses of Parliament, Scottish Parliament, Welsh and Northern Ireland assemblies. The cost of our entire legislative system is roughly £22 a year per elector or 42p per week – roughly a fifth of the cost of a coffee or burger.
On those figures, wouldn’t state funding of political parties be the best solution to get big unions and big money out of politics? People work for whoever pays them. Our elected representatives should be paid for and working for the public – no one else.
Source: Ipsa
As for MPs pay, we originally introduced a payment structure for MPs in 1911 to ensure those without another source of income, mainly the working class, could stand for parliament.
It seems perverse to beat up politicians for a pay rise, when it was an independent body that made the recommendation. Lest we forget, this body was set up in response to the expenses scandal and isn’t well-loved in the corridors of Westminster.
MPs are currently paid £66,396 and this will rise to £67,060 in April 2014, with another 1% rise in 2015. The proposal is to raise their pay to £74,000, with cuts to various benefits and allowances.
While we may object to the level of pay for MPs, we have to accept the recommendation of an independent body set up to handle the issue. If we do not like the decision, we can vote for an MP who proposes to change the system. The average MP (no pun intended) represents 68,175 voters and just over, or just under, £1 a year doesn’t seem to onerous a cost.
Adding it all up, democracy is essentially yours for just £2.50 a year.
Big is the enemy of the good in all industries
Are we the zealots of a new religion; an environmental Taliban that is silencing dissent? Not really
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Contributor biographical information for Central Park in the dark : more mysteries of urban wildlife / Marie Winn.
Bibliographic record and links to related information available from the Library of Congress catalog
Biographical text provided by the publisher (may be incomplete or contain other coding). The Library of Congress makes no claims as to the accuracy of the information provided, and will not maintain or otherwise edit/update the information supplied by the publisher.
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Marie Winn is the author of Red-Tails in Love: Pale Male's Story; The Plug-In Drug: Televisions, Computers, and Family Life; and many other books. She was born in Prague, but has spent most of her life in New York City, where she lives not far from Central Park.
Library of Congress subject headings for this publication:
Urban animals -- New York (State) -- New York.
Central Park (New York, N.Y.)
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