Archive: December 14, 2009
Charles H. Lichtman Letter re: Brican America

Via Email: (kitmenldn@leasingnews.org) Christopher ("Kit") Menkin Editor/Publisher, Leasing News Via Email and Fax: (BoTei@aol.com; (415) 331-6451) Robert Teichman, CLP, Chairman, Advisory Board, Leasing News Via Email and Fax: (bernieb@leasepolice.com; (972) 692-8091) Bernie Boettigheimer, CLP, President of "Lease Police" Re: Defamatory Statements Posted on www.leasingnews.org Gentlemen: Please be advised the undersigned represents Jean Francois Vincens ("Vinces"), Brican America, Inc. and Brican America, LLC (collectively "Brican"). It has come to our attention that you have published an article entitled, "Alert: DéjàVu---Jean-Francois Vincens," on www.leasingnews.org (the "Article"). The Article contains false, misleading and defamatory per se statements about Vincens and the Brican entities. Had you properly and thoroughly investigated the facts before publishing the Article, and accurately reported the facts, which you did not do, you would have known that Vincens was completely and unequivocally vindicated with respect to the Recomm matter. Since you referenced the existence of the bankruptcy adversary proceeding, you are charged with actual knowledge of the contents of the lawsuit. Your incorrect and incomplete reporting of same plainly leaves one with an impression and innuendo of Vincens' commission of a fraud and or crimes that he did not commit. What you failed to report is that the United States Bankruptcy Court for the Middle District of Florida granted Vincens' Motion for Summary Judgment and entered judgment in his favor dismissing the case against him. To be sure, the bankruptcy court found that Vincens had nothing to do with Recomm's operations after 1993; thus, clearly establishing Vincens' claims he was not an "insider. In fact, Vincens had left the company three years before any issues with Recomm evolved. Ultimately, the United States District Court for the Middle District of Florida, and then the United States Court of Appeals for the Eleventh Circuit also affirmed the bankruptcy court dismissal. See In Re Optical Technologies, Inc., 246 F.3d 1332 (11th Cir. 2001). 2487706-1 Further, at no time was Vincens the target of any Recomm criminal prosecution, nor was he ever indicted or charged with any crime. He also was never subject to any administrative law proceeding respecting Recomm. Thus, the one time he was sued on a limited Recomm related claim, the court dismissed the lawsuit, specially noting Vincens absence from the company or commission of fraud. Thus, as a matter of law Vincens did not commit fraud and was fully exonerated. The Recomm lawsuit against Vincens was frivolous and your defamatory publication was written with reckless disregard for the truth of the matter. The Article also mischaracterizes the pending litigation between Brican America, Inc. and NCMIC. Please note, your article also completely mischaracterizes the pending litigation between Brican and PSFS. Had you bothered to review the entire court docket, you would have seen papers that effectively demonstrate that PSFS has admitted away all allegations of the Complaint. The defamatory Article published to the world instantly caused Vincens and Brican significant damages. As a direct result of seeing the defamatory statements in the Article, two different equipment leasing funding sources immediately withdrew from doing business with Brican, thereby refusing to fund our client's customer's leases. Bricans' damage is potentially in the tens of millions of dollars. In addition, the defamatory Article has caused Vincens and Brican to suffer damage and they will continue to suffer damage to its reputation, goodwill, business relations, competitive business advantage, opportunity and expectancy. We demand that you immediately (i) remove the Article by the close of business today, (ii) post a formal written apology on the website tomorrow and for the succeeding five business days with language approved by our firm, (iii) cease and desist from publishing or causing to publish any other defamatory, false and misleading statements about Vincens and Brican, and (iv) advise us of the persons who provided you with this false information. Taking this action will potentially limit damages. Please note, we are in the process of preparing an appropriate lawsuit against you and others for immediate filing in the United States District Court for the Southern District of Florida, so this is your potential opportunity to immediately solve a problem instead of creating a larger one. We intend to seek an injunction from further publication, actual damages and punitive damages for willful and wanton misconduct. PLEASE GOVERN YOURSELVES ACCORDINGLY. 2487706-1 we deliver motive and effective business solutions and counsel BERGER SINGERMAN attorneys at law Sincerely, BERGER SINGERMAN Charles H. Lichtman (co-counsel: michael.leichtling, troutmansanders. Editor) Boca Raton Fort Lauderdale Miami Tallahassee

 

http://leasingnews.org/archives/December%202009/12-14-09.htm#kit_response

Today Brican America is no longer in business, and there are several suits, including a major class action suit. The founder of the company is in business in Canada, running the same type of company, as Leasing News recently received inquiries from potential customers.

The case is similar to the one reported by Tom McCurnin on Royal Links golf carts in that in the Brican instance the advertising that supported the leases was also arranged by Brican America, showing an agency and responsibility.

Ronald Gossett, Gossett & Gossett, class action attorney, awaits a ruling on cross-motions for summary judgment on the issue. He state,"60% of the leases (those originated by the vendor using an affiliated entity for the lessor, then assigned to NCMIC), and deny the remainder, setting us for trial in a few months."

Ron Gossett Material Memorandum
http://www.leasingnews.org/PDF/RonGossett-material-facts.pdf

Iowa Court Rules “Agency” and “Fraud” Question of Fact While Upholding “Hell or High Water” Clause
By Tom McCurnin
http://leasingnews.org/archives/Nov2012/11_21.htm#iowa

Brican America/Brican Financial Lawsuits
http://www.leasingnews.org/Conscious-Top%20Stories/brican_america.htm

 

((Please click on ad to learn more))
(Leasing News provides this ad “gratis” as a means
to help support the growth of Lease Police)

Classified Ads---Controller

(These ads are “free” to those seeking employment or looking
to improve their position)

Chicago, IL experienced in lease accounting, operations, management, and Sarbanes-Oxley. Seeking position with equipment lessor. Would consider contract assignments or relocating.  Email: leasecontroller@comcast.net

Southeastern, MI Controller & Management experience w/ equip lessors &broker. MBA, CPA w/ extensive accounting, management, securitization experience with public and private companies. Willing to relocate.  Email: Leasebusiness@aol.com

Southern CA 20 years exp. as hands-on leasing CFO, managing accounting, treasury, FP&A, including securitizations, Great Plains/FRx, budgets, risk management.  MBA.  Also available as interim Controller/CFO, consultant.  Email: leasecfo@gmail.com

Free Posting for those seeking employment in Leasing:
http://www.leasingnews.org/Classified/Jwanted/Jwanted-post.htm

All “free” categories “job wanted” ads:
http://www.leasingnews.org/Classified/Jwanted/Jwanted.htm

(This ad is a “trade” for the writing of this column. Opinions
contained in the column are those of Mr. Terry Winders, CLP)

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Leasing “Bad Boy” Jim Raeder to be Sentenced Monday

Looks like this time it is not going to be postponed, leading form an investigation the beginning of 2008 resulting in "plea deals" announced November, 2007 by the FBI and US Attorney's office.

James "Jim" Raeder, co-founder CapitalWerks, Preferred Lease, sentencing 12/17/2012 11:00 AM before Judge Cormac J. Carney. There are several seal documents submitted by the deputy US Attorney, and most likely are testimony, evidence, perhaps even recordings. No reason was given for the filings from public view. A guess could be for use in the case or other cases.

There are two other known waited to be sentenced at this date:

Ziya Arik, Preferred Lease, CapitalWerks, Leasing News reported in September that his sentencing continued to 1/14/2013 11:00 AM before Judge Cormac J. Carney sentencing continued to 8/27/2012 10:00 AM before Judge Cormac J. Carney. Reportedly one of the toughest salesmen who was rough on customers, competing with Brian Acosta, CLP, for accounts. There were many complaints about his “performance.”

Mark McQuitty, co-founder CapitalWerks, Preferred Lease sentencing reset for 2/4/2013 09:00 AM

Note: The cropped photo of Mr. Raeder under the headline may be well over twenty years old. Today he is living in Colorado with his family, including an office in his brother's business (although he reports he is not in the portable restroom business as his brother runs it). He told Leasing News he buys assets off lease and re-sells them. He finds it very lucrative. In his spare time, he said he was also writing an autobiography. Whether this was his humor or not---don’t know. He did laugh, however, after he said this at the end of the telephone conversation.

Also as noted in the Tristar Capital story December 6, 2012, talking about Patrick Byrne's Balboa Capita’: "I started out as a Junior Account Executive where I was taught leasing by Jim Raeder, Shawn Griffin and Mark McQuitty." The veterans all originally came from Amplicon to Balboa Capital.
http://leasingnews.org/archives/Dec2012/12_06.htm#tristar

Operation Lease Fleece Stories
http://www.leasingnews.org/Conscious-Top%20Stories/Lease_Fleece.htm

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New Hires---Promotions

Robert "Rob" Aldridge hired as executive vice-president of sales and business development for GSG Energy Finance, Brooklyn, New York. Previously he "...EVP at CalcoGreen and prior to that as European Sales Director for XZERES Wind. In addition, Rob held senior management roles with Sofame Technologies, Bombardier Capital and Sun Data. Rob earned a BS and an MBA from the University of Southern California…Andrew A. Bender, Chief Executive Officer of GSG commented: 'We have built a strong base with our Energy Finance Division and we are looking to have Rob take our team to the next level.' GSG Energy Finance focuses on four key markets: Renewable Energy Projects, LED Lighting Retrofits, Energy Efficiency Upgrades, and Building Management Systems."

Andrea Gellert joins On Deck Capital, New York, New York as new head of marketing. "She will oversee all of the company’s marketing activities, including strategy for customer campaigns, advertising, direct marketing, social media and public relations...'Today’s appointment of Andrea marks yet another critical growth milestone for On Deck, and we are thrilled to have her join our management team,' said Noah Breslow, chief executive officer, On Deck. “Her extensive, direct experience with the small business market provides critical firepower as we build On Deck into the leading national brand serving the financing needs of Main Street America.”

Previously Ms. Gellert was vice president client services Group Commerce (2011-2012), "Prior to that post, she spent 15 years at American Express, holding leadership positions in both the OPEN small business and Merchant Services divisions. In her most recent position as Vice President of Marketing for OPEN, Gellert spearheaded initiatives that greatly improved the customer experience, as measured by net promoter score and retention rates, and created the company’s first small business recognition platform." Northwestern University - Kellogg School of Management, MBA, Majors in Marketing and Finance (1994 – 1996), Harvard University AB, History and Literature; Activities and Societies: Varsity Lightweight Crew.www.linkedin.com/pub/andrea-gellert/0/ba4/55

 

Working Capital Loans for Small Businesses
www.channelpartnersllc.com p: (763) 746-7760 f: (763) 592-8297 information@channelpartnersllc.com

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Leasing Industry Help Wanted

Business Development Officer Baltimore-Washington DC Area Existing client base a plus, work 1-2 days from corporate office. Salary plus commission structure, benefits, expense plan. Email: npistorio@madisoncapital.com or Alevine@madisoncapital.com www.madisoncapital.com 35 years equipment & vehicle financing full service direct funder for small to mid-ticket transactions, with syndication abilities for large ticket.

Credit Coordinator 11620 Wilshire Blvd Los Angeles, CA 90025 Liaison between the Brokers/Clients and Maxim Credit Underwriters during the underwriting process. Coordinator will be responsible for managing the process of each transaction through our CRM and workflow management software. Click here for more information www.maximcc.com Founded 2008, Maxim Commercial Capital, LLC is a nationwide funding source for Equipment and Real Estate secured commercial transactions.

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FDIC Releases Report on Unbanked and Underbank

The 2011 FDIC National Survey of Unbanked and Underbanked Households, indicated that 68 million adults are unbanked or underbanked in the United States.

"Four out of ten banks develop products and services specifically for unbanked and underbanked consumers. In addition, eight in ten banks reported providing free counseling to underserved consumers, and banks reported positively on outreach partnerships with community groups. However, the survey also identified that some banks have account opening requirements that can be challenging for underserved populations. For instance, only 15 percent of banks had no minimum initial deposit requirement to open a basic checking account, while nearly half (48 percent) required at least $100.

"The report identified five opportunities for banks to increase access to basic financial services, which include expanding offerings of basic, low-cost checking and savings deposit accounts; enhancing small-dollar loan product marketing; and utilizing partnerships with community organizations to promote checking and savings account ownership."

"The 2011 bank survey was voluntary and consisted of an Internet-based questionnaire administered to a nationally representative random stratified sample of 707 headquarters of retail banks, with 567 banks (80 percent) responding. Banks were grouped into one of three asset size categories: the largest 25 banks with assets greater than $38 billion; midsize banks with assets between $1 billion and $38 billion; and the smallest banks with assets less than $1 billion. Data was collected from November 2011 through February 2012. The survey will be conducted every two years to complement a survey of unbanked and underbanked households."

"The committee also discussed household savings trends and initiatives and mobile financial services and how they can be used to address the unbanked and underbanked populations."

Executive Summary:
http://www.fdic.gov/unbankedsurveys/2011survey/2011execsummary.pdf

Full Reports:
http://www.fdic.gov/unbankedsurveys/?source=govdelivery

 

Why Choose Advanced Property Tax Compliance?

Dedicated to the leasing industry click here to learn more.  Hear What Our Clients say about us  click here Gary DiLillo, President 440.871.0555 or gary@avptc.com

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America's Disappearing Restaurant Chains
www.247wallst.com

 

10.
Blimpie Subs & Salads
Pct. of stores closed: 60.1%
Total stores: 739
Stores closed: 1,114
2011 sales: $115.3 million
Pct. decline in sales: -60.4%

Blimpie first opened in Hoboken, New Jersey, in 1964 as the nation’s first sub-sandwich chain. Although it remains the nation’s third largest such chain, Blimpie has struggled over the last decade. In 2011, Blimpie had just 739 stores and $115 million in sales, down from 1,853 stores and nearly $300 million in sales in 2001.

 

9.
Ponderosa/Bonanza
Pct. of stores closed: 63.5%
Total stores: 175
Stores closed: 305
2011 sales: $241 million
Pct. decline in sales: -61.7%

Ponderosa and Bonanza are steakhouses that offer “the spirit of the Old West … and honest-to-goodness value.” Like many casual dining franchises, the recession hurt steakhouses’ bottom line. In 2008, the parent company, Metromedia Steakhouses Co., filed for bankruptcy. Although the company, now called Homestyle Dining LLC, exited bankruptcy in October 2009, its steakhouses have largely disappeared. Between 2001 and 2011 the number of Ponderosa and Bonanza restaurants fell by nearly two-thirds. (Will this happen to Morton's, who were purchase and now changes made?)

 

8.
Big Boy
Pct. of stores closed: 65.4%
Total stores: 140
Stores closed: 265
2011 sales: $183.4 million
Pct. decline in sales: -68.4%

Big Boy, known for its double-decker hamburger and overall-wearing mascot, was opened in Glendale, California, in 1936. The company has struggled since its former franchiser, the Elias Brothers Corp., filed for bankruptcy in 2000. The year after the bankruptcy, there were 405 Big Boy restaurants nationwide. By 2011, there were just 140 restaurants in the U.S.

7.
Don Pablo’s
Pct. of stores closed: 71.0%
Total stores: 38
Stores closed: 93
2011 sales: $81.6 million
Pct. decline in sales: -69.6%

In 2008, the chain was sold to a restaurant group started by Avado’s bankruptcy lender. According to Tristano, full-service Mexican restaurants like Don Pablo’s have struggled as fast-casual restaurants such as Chipotle Mexican Grill (NYSE: CMG), have become America’s preferred choice for Mexican cuisine.

6.
Tony Roma’s
Pct. of stores closed: 71.6%
Total stores: 46
Stores closed: 116
2011 sales: $93 million
Pct. decline in sales: -70.8%

Tony Roma’s was founded in 1972 and claims to be “the largest casual theme restaurant chain specializing in ribs in the world.” Between 2001 and 2011, Tony Roma’s domestic sales fell by over 70%, while its total number of U.S. restaurants declined from 162 to 46. The chain is struggling partly because, says Tristano, “barbecue is not an everyday food,” and because the cuisine tends to appeal only to males. In 2005, the restaurant’s parent company, Romacorp Inc., filed for bankruptcy. Although it is disappearing from the United States, Tony Roma’s is still active internationally with restaurants in over 30 countries.

 

5.
TCBY
Pct. of stores closed: 77.2%
Total stores: 405
Stores closed: 1,372
2011 sales: $98 million
Pct. decline in sales: -60.4%

TCBY started in 1981 in Arkansas as “the country’s first frozen yogurt shop.” The chain was purchased by Mrs. Fields Holdings in 2000. The combined company filed for bankruptcy protection in 2008, and again required a restructuring deal to avoid bankruptcy last year. Between 2001 to 2011, TCBY shut well over 1,300 stores, leaving just 405 locations

4.
Damon’s Grill & Sports Bar
Pct. of stores closed: 78.1%
Total stores: 30 (15 in US 10/12)
Stores closed: 107
2011 sales: $70 million
Pct. decline in sales: -75.4%

Damon’s was founded in 1979 and is currently based in Columbus, Ohio. It “is a leading full-service, casual dining restaurant concept” with locations in the Midwest and Southeast United States, as well as in the United Kingdom. The chain, which is part of the struggling full-service barbecue restaurant segment, filed for bankruptcy in 2009. According to Tristano, other restaurants have increasingly offered much of the food found on a Damon’s menu. As of 2011, Damon’s had just $70 million in sales, down more than 75% from 2001 when it had nearly $285 million in sales. As of October 22, 2012, Damons Grill lists 15 locations in the US.

3.
Country Kitchen
Pct. of stores closed: 79.1%
Total stores: 52
Stores closed: 197
2011 sales: $44 million
Pct. decline in sales: -82.4%

Country Kitchen was started in 1939 as a hamburger stand in Cincinnati, Ohio, and has been a national chain since 1958. Currently, however, it is concentrated in the Midwest and Plains states. Between 2001 and 2011, Country Kitchen closed almost 200 locations, with the total number of restaurants falling from 249 to 52, as sales declined by more than 80% during the same period.

2.
Ground Round Grill & Bar
Pct. of stores closed: 80.9%
Total stores: 25
Stores closed: 106
2011 sales: $37.5 million
Pct. decline in sales: -83.4%

Ground Round is a family style dining chain, founded in 1969 to provide a “‘neighborhood pub’ experience where everyone, including couples and families, felt comfortable.” Like a number of other chains on this list, Ground Round declared bankruptcy relatively recently. However, unlike other disappearing restaurants, after its bankruptcy in 2004, the chain was bought by its former franchisees. Despite the change in ownership, the chain has struggled to survive in recent years, maintaining just 25 restaurants in 2011.

1.
Bennigan’s
Pct. of stores closed: 88.2%
Total stores: 33 ( 31 8/12)
Stores closed: 247
2011 sales: $62 million
Pct. decline in sales: -89.0%

In the past 10 years, no major restaurant has lost as much of its business as Bennigan’s. The Irish themed restaurant and bar’s parent company, Metromedia Restaurant Group, filed for bankruptcy in 2008. After declaring bankruptcy, Bennigan’s abruptly shut almost all of its franchises. As of last year, there were just 33 Bennigan’s restaurants and the chain’s sales for the year totaled just $62 million — more than half a billion dollars less than the chain’s 2001 sales. (As of August 2012, there are 31 Bennigan's locations in 11 states).

Full Story:
http://247wallst.com/2012/12/12/americas-disappearing-restaurant-chains/

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From The Makers of “Orchestra” Comes "Mailbox"

Perhaps the first email designed for digital devices.

Techs who have experienced the new software program are bragging this is the best email management "app" for the iPhone and Gmail.

To date, all other email programs are for larger screen use, meaning computers.

The Best Email Management App You’ll Ever Use

"Quickly swipe messages to your archive or trash. Scan an entire conversation at once with chat-like organization. Snooze emails until later with the tap of a button."

"Mailbox lets you put off messages until later with a swipe and a tap. Snoozed emails return to your inbox automatically, so you can focus on what's important now."

The idea to easily sort your emails into a priority response may be helpful in the situation of responding to emails on your digital device, especially when you are busy or looking just for a specific one response.

Coming the first of the year. To get the "app," the web site gives the opportunity to receive the app after the first of the year:

http://www.mailboxapp.com/

http://techcrunch.com/2012/12/13/omg-mailbox-is-amazeballs/

John Kenny Receivables Management www.jrkrmdirect.com • End of Lease Negotiations & Enforcement • Fraud Investigation • Credit Investigations • Asset Searches • Skip-tracing • Third-party Commercial Collections The Solution to Your Credit & Accounts Receivable Needs  John Kenny 315-866-1167 |  John@jkrmdirect.com

(Leasing News provides this ad as a trade for investigations
and background information provided by John Kenny)

Labrador Retriever
Denver, Colorado Adopt-a-Dog

Sili

Animal ID: 17925217
Age: 6 years 6 months 7 days
Sex: Female
Size: Large
Color: Black
Spayed
Declawed: No
Site: MaxFund
Location: Clinic
Intake Date: 11/17/2012

“Beautiful Black Labs don't come around every day, especially if you consider how adorable and good-natured I am. My name is Sili, and I'm not trying to brag, but I hear I have to "plug" myself in this write-up; plus, that's what all of the staff and volunteers say! I will concede that I have a beautiful plume of a tail as well as a gorgeous face. If you come visit me, you can see for yourself. Hint, hint!

“I came to MaxFund with my sister when our family lost their home. I am very easy-going, playful, active and sweet. I have lived in a house with kids as young as 5 years old and I'm very good with kids and all people.

“I love dogs, too, and have made a lot of friends at MaxFund. I am good on car rides, excellent on a leash, gentle, playful and sweet. I am great with cats.

“I was put on this planet to catch tennis balls; in fact, I am in love with them. I am totally cereal with you! Tee hee! If you are one of those that checks your lock fifteen times (even though you know you have checked it), that is kinda how I am with those magical creations. I will stare at one for hours. Bring me a tennis ball, and you can see for yourself. Hint, hint!

“I do have some medical issues that are being treated. The clinic staff will be happy to explain. You can ask more when you come to visit me. Hint, hint!

“Please come see me at MaxFund. I'm ready to start a new and happy chapter of my life! Ask for Sili at the MaxFund Clinic, 303-595-0532.”

This pet also is eligible for 30 days of pre-paid pet health insurance. For more information please visit www.sheltercare.com or call 1-866-375-PETS.

Dog Shelter
1025 Galapago Street
Denver, Colorado
303-595-4917

Holiday Schedule:
Monday, December 24 - Open until 2:00 pm
Tuesday, December 25 - Closed
Monday, December 31 - Open until 2:00 pm
Tuesday, January 1 - Closed

Adopt-a-Pet by Leasing Co. State/City
http://www.leasingnews.org/Conscious-Top%20Stories/Adopt_Pet.htm

Adopt a Pet
http://www.adoptapet

Fernando's View Special Christmas Edition, Part One
By Fernando F. Croce

With Christmas fast approaching, we’re offering a two-part special holiday edition. So check them out with Netflix and settle down for some eggnog and a jolly time with your friends and family. Check back next week for more recommendations!

Meet Me in St. Louis (Vincente Minnelli, 1944): Arguably classical Hollywood's greatest director of musicals, Vincente Minnelli delivered one of his most beloved films with this exquisite evocation of turn-of-the-century Americana, in which he also met his future wife Judy Garland. Taking place over the course of the year 1904 in St. Louis, it chronicles the experiences of members of the Smith family. There's smitten middle daughter Esther (Garland), parents Anna (Mary Astor) and Alonzo (Leon Ames), and precocious youngest daughter Tootie (Margaret O'Brien, who won a Special Children’s Oscar for her performance). Affectionate, stylish, and filled with such unforgettable tunes as "The Trolley Song," "The Boy Next Door" and "Have Yourself a Merry Little Christmas," this is a holiday treasure that even after several decades still leaves audiences with a glowing feeling.

.

Miracle on 34th Street (George Seaton, 1947): Often a supporting player in Christmas movies, Santa Claus gets his own starring role in this warm and witty family favorite. Kris Kringle (Edmund Gwenn in a delightful, Oscar-winning performance) visits New York City and takes a job at a department store run by Doris (Maureen O’Hara), whose little daughter Susie (Natalie Wood) doesn’t believe in Santa Claus. When he tries to prove that he’s not just playing Santa but is Santa, he has to prove his own sanity to the judicial system and, more importantly, to the children of the world. So skip the 1994 remake and go straight to the original, which is wise, affectionate, and has a pretty sharp message about letting the season’s craven commercialism getting in the way of its true meaning.

How the Grinch Stole Christmas (Chuck Jones & Ben Washam, 1966): An enduring Yuletide staple, this animated version of Dr. Seuss's storybook favorite remains a timeless delight. As narrated by the great Boris Karloff, the film focuses on Christmastime in the cheery, mythical land of Whoville, where happiness is in the air for every citizen... except for the infamous Grinch, a grouchy green loner who watches the festivities from his cave and decides to ruin this year's Christmas. Disguising himself as Santa Claus, the Grinch sets out to ruin the fun, not counting on the adorable innocence of little Cindy Lou Who to stand in his way. Directed by brilliant Warner Bros. cartoon veteran Chuck Jones and featuring the marvelous song "You're a Mean One, Mr. Grinch," this is a short but sweet classic.

Tim Burton’s The Nightmare Before Christmas (Henry Selick, 1993): A rare treat that can be enjoyed on both Halloween and Christmas, this stop-animation classic would make for a great double-bill with the Bass-Rankin specials of the 1970s. The marvelously twisted plot follows fearsome but good-hearted ghoul Jack Skellington, who, despite being crowned Pumpkin King at Halloween Town, dreams of something besides macabre costumes and haunted houses. After a dose of Christmas spirit following a visit to the North Pole, Jack decides to spread holiday cheer the only way he can—kidnapping Santa Claus and delivering the presents himself. Directed by Henry Selick (“Coraline”) yet in every frame carrying the stamp of Tim Burton, this is a beautiful blend of the prankish and the poignant.

A Christmas Tale (Arnaud Desplechin, 2008): One of the most interesting filmmakers working today, French director Arnaud Desplechin offers a tragicomic banquet with this irresistible seasonal story. It follows the travails of the Vuillards, a large family often plagued by emotional and physical upheavals but is determined to put all troubles aside and pull through for the sake of the beloved matriarch Junon (French cinema legend Catherine Deneuve). With a record number of squabbling relatives and uncomfortable secrets, however, it’s a job easier said than done. Even though there’s no shortage of drama, the movie’s mood remains exhilarating, buoyed by strong emotions and an exceptional cast. With the holidays drawing near, audiences will have the chance to discover a new Christmas favorite to set aside the old classics. With subtitles.

 

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12 Days until Christmas
What it Means

Many believe the song "Twelve Days of Christmas" precede December 25th.

According to Wikipedia:

“The Twelve Days of Christmas are the festive days beginning Christmas Day (25 December). This period is also known as Christmastide and Twelvetide. The Twelfth Night of Christmas is always on the evening of 5 January, but the Twelfth Day can either precede or follow the Twelfth Night according to which Christian tradition is followed. Twelfth Night is followed by the Feast of the Epiphany on 6 January. In some traditions, the first day of Epiphany (6 January) and the twelfth day of Christmas overlap.”

As to the song itself, the meaning of the words have changed over the years:
http://en.wikipedia.org/wiki/The_Twelve_Days_of_Christmas_%28song%29

 

Twelve Day of Christmas will cost you $107,000
http://www.usatoday.com/story/money/business/2012/11/26/12-days-of-christmas-107k/1726807/

(please click kettle for more information
and also view who has donated)
 

News Briefs----

 

SolarCity's IPO punches through the 'solar curse'
http://www.mercurynews.com/business/ci_22184550/solarcity-ipo-punches-through-solar-curse

To Gain From Rising Sales, G.M. Redesigns Pickups
http://www.nytimes.com/2012/12/14/business/to-profit-from-rising-sales-gm-redesigns-pickups.html?ref=business

Wal-Mart, Kroger among Hostess bidders
http://www.chicagotribune.com/business/sns-rt-us-hostess-walmartbre8bc1f1-20121213,0,5037129.story

 

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Drink Ingredient Gets a Look
http://www.nytimes.com/2012/12/13/business/another-look-at-a-drink-ingredient-brominated-vegetable-oil.html?src=me&ref=general

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SparkPeople--Live Healthier and Longer

SparkPeople--Live Healthier and Longer

How to Keep Fruits and Veggies Fresh
http://www.sparkpeople.com/resource/nutrition_articles.asp?id=1103

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Sports Briefs----

A big opportunity for San Francisco 49ers' Greg Roman
http://www.contracostatimes.com/breaking-news/ci_22188601/poole-big-opportunity-49ers-greg-roman

Paul Tagliabue, Roger Goodell, and the problems that linger for the NFL in the wake of the Saints' bounty program
http://www.grantland.com/story/_/id/8742031/paul-tagliabue-roger-goodell-saints-bounty-scandal

 

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American Football Poem

 

 

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California Nuts Briefs---

 

SF Bay Area housing market continues a year of hard-won gains
http://www.mercurynews.com/business/ci_22185515/bay-area-housing-prices-sales-post-strong-gains

Santa Clara County School Board sues ex-superintendent over condo loan
http://www.mercurynews.com/news/ci_22177150/santa-clara-county-school-board-sues-ex-superintendent

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“Gimme that Wine”

http://www.youtube.com/watch?v=EJnQoi8DSE8

Elevating the ‘Unacknowledged Grape’ of Champagne
http://www.nytimes.com/2012/12/19/dining/pinot-meunier-unacknowledged-grape-of-champagne.html?ref=dining

The Quest for Wine's Origins
http://www.winespectator.com/webfeature/show/id/47773

Oregon wine sales up 9% in 2011
http://www.bizjournals.com/portland/news/2012/12/12/oregon-wine-sales-up-9-in-2011.html

Airline Liquor Bottles To Be Replaced With Robot Bartender
http://www.gadling.com/2012/12/12/airline-liquor-bottles-to-be-replaced-with-robot-bartender/

Free Mobile Wine Program
http://leasingnews.org/archives/Feb2010/2_26.htm#mobile

Wine Prices by vintage
http://www.winezap.com
http://www.wine-searcher.com/

US/International Wine Events
http://www.localwineevents.com/

Winery Atlas
http://www.carterhouse.com/atlas/\

Leasing News Wine & Spirits Page
http://two.leasingnews.org/Recommendations/wnensprts.htm

  1763 – Fifty-Seven whites enter Conestoga Indian settlement, and in violation of a treaty made between the tribe and William Penn — to last "as long as the sun should shine, or the waters run in the rivers" — shot, stabbed, and hatcheted the three men, two women and one young boy they found there (more on 27 December).
    1774—After Paul Revere warns Portsmith of possible attack, Massachusetts militiamen successfully attacked arsenal of Fort William and Mary and confiscate all arms and gun powder. Actually, here was the first shot of the RevolutionaryWar, and not in Boston common as history books today report. . (Revere did not finish his ride, nor did he communicate about the lantern signals, but he did warns several towns and woke up many farmers to warn other farmers about the possible attack, plus made it to the town of Portsmith.)
http://www.nhssar.org/essays/FortConstitution.htm
http://www.seacoastnh.com/history/rev/willmary.html
http://www.seacoastnh.com/arts/please052299.html
    1782 --Charleston SC evacuated by British. There were more battles in South Carolina as the British fought to conquer this land more than others in the colonies at the time, and this was a major event in the American Revolutionary war. May 12, 1780 the British had captured Charleston.
http://web.ftc-i.net/~gcsummers/revolution.htm
http://www.patriotsofcharleston.com/
    1793- Kentucky was the first state to authorized a road. They authorized Daniel Weisiger, Bennett Pemberton, and Nathaniel Sanders as “ commissioners to receive subscriptions in money, labor or property, to raise a fund for clearing a wagon road from Frankfort, Kentucky, to Cincinnati, Ohio.
    1798 - David Wilkinson of Rhode Island patented both the nut and bolt machine, and the screw.
    1819- Alabama became the 22 nd state. Deep in the “Heart of Dixie,”(one of the state's nicknames), Alabama was first inhabited by the Creek Indians (Alabama means ‘tribal town'), then explored by the Spanish, settled by the French, and then controlled by the British. The region was ceded to the U.S. following the American Revolution. The Confederacy was founded in Alabama; the state flag still bears a resemblance to the Confederate Battle Flag. Alabama's motto, "Audemus jura nostra defendere – We Dare Defend Our Rights" - has been taken very seriously throughout the state's history, especially in the 1950s and 1960s , as it was the site of landmark civil rights actions. The state tree, pinus palustris or Southern longleaf pine; and the camellia, the state flower, are plentiful throughout the state, as is the state bird, the yellowhammer, which is also the state's other nickname.
    1863 - President Lincoln announces a grant of amnesty for Mrs. Emilie Todd Helm, Mary Lincoln's half sister and the widow of a Confederate general. The pardon was one of the first under Lincoln's Proclamation of Amnesty and Reconstruction, which he had announced less than a week before. The plan was the president's blueprint for the reintegration of the South into the Union. Part of the plan allowed for former Confederates to be granted amnesty if they took an oath to the United States 
    1885-Birthday of Ethel Browne Harvey - U.S. cell biologist, embryologist, most noted for her findings about cell division. Her studies brought her international fame. Using sea urchins, she was able to excite cell division without maternal or paternal nucleus. Harvey speculated that her parthenogenetic meogones might mean that fundamental characteristics. of living matter (such as cell division) were cytoplasmic, while genes controlled later, more specialized characteristics (like eye color). Today sea urchins are very much in demand by connoisseurs, not only for their taste but supposed aphrodisiac ability, attributed to Dr. Harvey's work.
    1896- birthday of James Doolittle, American aviator and World War II hero General James Doolittle was born at Alameda, CA. A Lieutenant General in the US Army Air Force, he was the first person to fly across North America in less than a day. On Apr 18, 1942, Doolittle led a squadron of 16 B-25 bombers, launched from aircraft carriers, on the firs US aerial raid on Japan of WWll. He was awarded the Congressional Medal of Honor for this accomplishment. Doolittle also headed the Eighth Air Force during the Normandy invasion. He died Sept 27, 1993, at Pebble Beach, CA.
    1897- Birthday of Margaret Chase Smith, American politician Margaret Madeline Chase Smith was born at Skowhegan, ME. As the first woman to elected to both houses of Congress (1941 to the House and 1949 to the Senate). She was also one of seven Republican senators to issue a “declaration of conscience” to denounce Senator Joseph R. McCarthy's communist witch-hunt. She died May 29, 1995, at Skowhegan, ME
    1902 - The ship, "Silverton", set sail from the Bay Area to lay the first telephone cable between San Francisco, California and Honolulu, Hawaii. The project was finished by January 1, 1903.
    1903 -Wright Brothers make 1st flight at Kittyhawk
http://www.wam.umd.edu/~stwright/WrBr/wrights/1903.html
    1910- tenor sax player Bud Johnson born Dallas, Texas.
    1911- The elusive object of many expeditions dating from the 7 th century, the South Pole was located and visited by Roald Amundsen with four companions and 52 sled dogs. All five men and 12 of the dogs returned to base camp safely. Next to visit the South Pole, January 17, 1912, was a party of five led by Captain Robert Scott, all of whom perished during the return trip. A search party found their frozen bodies 1l months later.
    1920---Trumpet Player Clark Terry birthday
http://hardbop.tripod.com/terry.html
    1924 - The temperature at Helena, MT, plunged 79 degrees in 24 hours, and 88 degrees in 34 hours. The mercury plummeted from 63 above to 25 below zero. At Fairfield MT the temperature plunged 84 degrees in just 12 hours, from 63 at Noon to 21 below zero at midnight
    1934-The first streamlined steam locomotive was introduced by the New York Central Lines between Albany and Kamer, NY. Built in West Albany, NY, it was named the “Commodore Vandebilt” after the founder of the New York Central Lines. It developed 4,075 horsepower.
    1939-- Jimmy Lunceford Band records “ Uptown Blues,” New York City.
    1939 - League of Nations, the international peacekeeping organization formed at the end of World War I, expels the Union of Soviet Socialist Republics in response to the Soviets' invasion of Finland on October 30. President Roosevelt, although an "ally" of the USSR, condemned the invasion, causing the Soviets to withdraw from the New York World's Fair. And finally, the League of Nations, drawing almost its last breath, expelled it.
    1944--NEPPEL, RALPH G. Medal of Honor
Rank and organization: Sergeant, U.S. Army, Company M, 329th Infantry, 83d Infantry Division. Place and date: Birgel, Germany, 14 December 1944. Entered service at: Glidden, lowa. Birth: Willey, lowa. G.O. No.: 77, 10 September 1945. Citation: He was leader of a machinegun squad defending an approach to the village of Birgel, Germany, on 14 December 1944, when an enemy tank, supported by 20 infantrymen, counterattacked. He held his fire until the Germans were within 100 yards and then raked the foot soldiers beside the tank killing several of them. The enemy armor continued to press forward and, at the pointblank range of 30 yards, fired a high-velocity shell into the American emplacement, wounding the entire squad. Sgt. Neppel, blown 10 yards from his gun, had 1 leg severed below the knee and suffered other wounds. Despite his injuries and the danger from the onrushing tank and infantry, he dragged himself back to his position on his elbows, remounted his gun and killed the remaining enemy riflemen. Stripped of its infantry protection, the tank was forced to withdraw. By his superb courage and indomitable fighting spirit, Sgt. Neppel inflicted heavy casualties on the enemy and broke a determined counterattack.
    1944--THOMAS, CHARLES L. Medal of Honor
Citation: For extraordinary heroism in action on 14 December 1944, near Climbach, France. While riding in the lead vehicles of a task force organized to storm and capture the village of Climbach, France, then First Lieutenant Thomas's armored scout car was subjected to intense enemy artillery, self-propelled gun, and small arms fire. Although wounded by the initial burst of hostile fire, Lieutenant Thomas signaled the remainder of the column to halt and, despite the severity of his wounds, assisted the crew of the wrecked car in dismounting. Upon leaving the scant protection which the vehicle afforded, Lieutenant Thomas was again subjected to a hail of enemy fire which inflicted multiple gunshot wounds in his chest, legs, and left arm. Despite the intense pain caused by these wounds, Lieutenant Thomas ordered and directed the dispersion and emplacement of two antitank guns which in a few moments were promptly and effectively returning the enemy fire. Realizing that he could no longer remain in command of the platoon, he signaled to the platoon commander to join him. Lieutenant Thomas then thoroughly oriented him on enemy gun dispositions and the general situation. Only after he was certain that his junior officer was in full control of the situation did he permit himself to be evacuated. First Lieutenant Thomas' outstanding heroism was an inspiration to his men and exemplifies the highest traditions of the Armed Forces.
    1947-- part-time auto racer and full-time promoter Bill France, Sr., tried to bring some order to the chaotic world of stock car racing by opening a 3-day meeting at the Streamline Hotel in Daytona Beach, Florida, between several warring factions. The result of the meeting was the creation of NASCAR, the National Association of Stock Car Automobile Racing, the body that has governed the sport ever since.
    1951---Top Hits
Sin (It's No) - Eddy Howard
Slowpoke - Pee Wee King
Rudolph, the Red-Nosed Reindeer - Gene Autry
Let Old Mother Nature Have Her Way - Carl Smith
    1953 - 19-year old Sandy Koufax signed with the Brooklyn Dodgers. In his life, Koufax reportedly had played no more than 20 games of baseball. During the next 12 seasons, he posted 167 wins, 87 losses and 2,396 strikeouts, to become a baseball legend.
    1953--"I Want a Hippopotamus for Christmas", recorded earlier in the year by 10 year old Gayla Peevey, inspired an Oklahoma City fund-raising effort to buy a hippopotamus for the Oklahoma City Zoo. Oklahomans raised $4,000 for the cause, with much of the money coming from children. The zoo bought a 3-year-old hippo named Matilda who had eight offspring and died in 1998. 
    1954-- birthday of Alan Kulwicki, auto racer born at Greenfield, WI. Kulwicki was NASCAR's rookie of the year in 1987 and Winston Cup champion in 1992. He won 24 NASCAR races in 207 starts. He died in a plane crash, April 1,1993. Maybe Johnny Madden is right to travel by bus. Kulwicki was safer on the race track than in the air.
    1959-Guy Mitchell achieves his second Billboard number one hit with "Heartaches By The Number". 
    1959---Top Hits
Heartaches by the Number - Guy Mitchell
Mr. Blue - The Fleetwoods
In the Mood - Ernie Field's Orch.
The Same Old Me - Ray Price
    1961 - In a public exchange of letters with South Vietnamese President Ngo Dinh Diem, President John F. Kennedy formally announces that the United States will increase aid to South Vietnam, which would include the expansion of the U.S. troop commitment. Shortly after President Kennedy was assassinated, there were more than 16,000 U.S. advisers in South Vietnam. Kennedy's successor, Lyndon B. Johnson, rapidly escalated the war, which resulted in the commitment of U.S. ground forces and eventually more than 500,000 American troops in Vietnam.
    1963-The Beatles' "I Want To Hold Your Hand" begins a five week stretch at number one on the UK record charts, replacing their own "She Loves You". 
    1967---Top Hits
Daydream Believer - The Monkees
The Rain, the Park and Other Things - The Cowsills
I Say a Little Prayer - Dionne Warwick
It's the Little Things - Sonny James
    1968-Tommy James and the Shondells' "Crimson and Clover" is released.
    1968-Iron Butterfly's epic "In-A-Gadda-Da-Vida" goes gold.
    1969 — San Diego wide receiver Lance Alworth sets a professional record with a pass reception in his 96th straight game. 
    1970 - While golfing great Lee Trevino won only two tournaments during the year; he still became the top, golf money-winner with his yearly earnings averaging $157,037.
    1970-The National Press Club finally voted to admit women members. 
    1974-David Crosby and Graham Nash perform together in San Francisco at a benefit concert for the United Farm Workers and Project Jonah, a whale protection media project.
    1975---Top Hits
Fly, Robin, Fly - Silver Convention
Let's Do It Again - The Staple Singers
Saturday Night - Bay City Rollers
Love Put a Song in My Heart - Johnny Rodriguez
    1977--"Saturday Night Fever" premieres in New York City. It not only makes a star out of John Travolta, but spreads the disco craze throughout the country. The soundtrack is full of recent and soon-to-be dance hits by the Bee Gees, the Trammps, Kool and the Gang, MFSB, K.C. and the Sunshine Band and Yvonne Elliman. It will be one of the biggest-selling albums of all time.
    1980-At Yoko Ono's request, at 2 p.m. Eastern Standard Time, John Lennon fans around the world mourn him with ten minutes of silent prayer. In New York over 100,000 people converge in Central Park in tribute and in Liverpool, a crowd of 30,000 gatherers outside of St. George's Hall on Lime Street.
    1982-Marcel Dionne of the Los Angeles Kings scored the 500 th goal of his career in a 7-2 loss to the Washington Capitals. Dionne played from 1971-72 through 1988-89 and finished his career with 731 goals.
    1983---Top Hits
Say Say Say - Paul McCartney and Michael Jackson
Say It Isn't So - Daryl Hall-John Oates
Union of the Snake - Duran Duran
Tell Me a Lie - Janie Fricke
    1985—UCLA defeated American University, 1-0, with a goal in the eight overtime period to win the NCAAA soccer championship in the longest game in US college soccer history.
    1985 - Wilma Mankiller became the first woman to lead a major American Indian tribe, taking office as the principal chief of the Cherokee Nation of Oklahoma.
    1985 - The United States' high school football coach with the most wins called it quits. After 43 years, Gordon Wood, 71, of Brownwood High School in Central Texas, retired. Wood had a career record of 405 wins, 88 losses and 12 ties. The football stadium at Brownwood High was rebuilt and named after him.
    1985 -- Wilma Mankiller takes the oath of office as the principal chief of the Cherokee Nation of Oklahoma, the first time a woman has headed a major American native Indian tribe ERRATA: Several people have written regarding Wilma Mankiller to say that her title was the first time since the European annexation of Amerindian lands and rights that a woman was recognized by the white people as a tribal chief. Evidently women “were” tribal leaders before the coming of the Europe
    1986 -- San Diego wide receiver Lance Alworth sets a professional record with a pass reception in his 96th straight game.
http://images.nfl.com/history/images/1214.jpg
    1986-Elton John records a live version of "Candle in the Wind" in Australia with the Melbourne Symphony Orchestra. The song is released as a single and hits #6 on the chart.
    1986-- the experimental aircraft Voyager, piloted by Dick Rutan and Jeana Yeager, took off from Edwards Air Force Base in California on the first non-stop, non-refueled flight around the world. On December 14, 1986, Yeager and Rutan began their history-making flight in the Voyager, flying the maximum circumference of the globe in nine days, three minutes and forty-four seconds.
    1987 - A powerful storm spread heavy snow from the Southern High Plains to the Middle Mississippi Valley, and produced severe thunderstorms in the Lower Mississippi Valley. During the evening a tornado hit West Memphis TN killing six persons and injuring two hundred others. The tornado left 1500 persons homeless, and left all of the residents of Crittendon County without electricity. Kansas City MO was blanketed with 10.8 inches of snow, a 24 hour record for December, and snowfall totals in the Oklahoma panhandle ranged up to 14 inches. Strong winds, gusting to 63 mph at Austin TX, ushered arctic cold into the Great Plains, and caused considerable blowing and drifting of snow.
    1988-The Miami Heat defeated the Los Angeles Clippers in Los Angeles to earn the first victory in the franchise's history. The Heat, in their first season, had gone 17 games without a wine, an NBA record for most consecutive defeats at the start of a season.
    1989 - High winds and heavy snow prevailed from Montana to Colorado. Snowfall totals in Wyoming ranged up to 20 inches at Burgess Junction, leaving up to 48 inches on the ground in the northeast sections of the state. Wind gusts in Colorado reached 87 mph south of the town of Rollinsville. Strong northwesterly winds continued to produce heavy snow squalls in the Great Lakes Region. Totals in northeastern Lower Michigan ranged up to 29 inches at Hubbard Lake, with 28 inches reported at Posen. Two day totals in northeastern Wisconsin ranged up to thirty inches.
    1991---Top Hits
Black or White - Michael Jackson
It's So Hard to Say Goodbye to Yesterday - Boyz II Men
All 4 Love - Color Me Badd
For My Broken Heart - Reba McEntire
    1997-- Phoenix Coyote Mike Gartner is 5th NHLer to score 700 goals
http://www.neutralzonehockey.com/gartner.htm
   1997-Elton John's tribute to Princess Diana, "Candle in the Wind 1997", was at its ninth week at number 1 on the Billboard chart. The record would eventually pass Bing Crosby's "White Christmas" to become the largest selling single of all time. 
    1999---Top Hits
Smooth- Santana Featuring Rob Thomas
Back At One- Brian McKnight
I Wanna Love You Forever- Jessica Simpson
I Knew I Loved You- Savage Garden
    2002 - A powerful Pacific storm system plowed into the western United States during the 13th-16th, producing high winds, heavy rains, significant mountain snowfall and causing 9 deaths (Associated Press). Rainfall amounts exceeding 10 inches occurred in parts of California, and wind gusts over 45 mph produced up to 1.9 million power outages during the period