Working Capital from $10,000 to $250,000                           ChannelPartnersCapital.com

Mazuma Capital Goes on the Defensive for Its Violation
of New York’s Evergreen Clause Law

By Tom McCurnin
Leasing News Legal Editor

Can a Lease with a Utah Choice of Law Take Precedence
over New York’s Statute Governing Evergreen Clauses? 
This Will Be an Interesting Case to Follow.

Ortho Clinical Diagnostics v Mazuma Capital 6:18-cv-06416-CJS (Western District of New York, 2018); Mazuma Capital v Ortho Clinical Diagnostics 2:18-CV-00591-DBP (Utah, 2018). 

Most leases have a choice of law provision for the lessor’s home state. However, some states have particular provisions which govern the rights of lessees within that state. So the issue becomes who wins this legal tug of war? Can a forum selection clause coupled with a choice of law provision take precedence over a local state law governing the rights of lessees? 

In today’s case, a New York federal judge will determine whether New York’s statute on evergreen clauses can be procedurally sabotaged by provisions in the lease for a choice of law and forum selection in Utah. The facts follow. 

The Parties and the Lease
Ortho Clinical Diagnostics is a New York in vitro diagnostics company that manufactures, sells, and distributes a variety of products, reagents, and diagnostic equipment used to test for various diseases, conditions, and substances in both humans and animals. Mazuma is a Utah-based equipment finance company with a history of complaints relative to various practices and lease terms. 

In late 2016, Ortho and Mazuma entered into a series of 24-month sale-leasebacks for automation machine tools and software with a financing cost of $27 million and a $9 million security deposit.  The annual financing cost was $18 million. 

The lease contained a complicated purchase option. The parties were obligated to negotiate a “reasonable” amount for the purchase of the equipment not to exceed 50% of the financing cost.  If the parties could not agree on the purchase price, then Ortho would be responsible for post maturity rent for one year, e.g., $9 million. The lease would then automatically renew for 6-month increments until Ortho agreed to Mazuma’s demand. In short, Mazuma could demand anything it wanted as to the value of the equipment and software up to 50% of the financing and, if Ortho didn’t immediately agree, the evergreen clause would be tripped for another $9 million. 

Ortho timely notified Mazuma of its intention to purchase the equipment. New York has a statute which addresses evergreen clauses.  This statute, General Obligations Law § 5-901 and § 5-903, provides that the lessee must be given notice of the existence of the evergreen clause prior to any deadline contained in the lease.  It was undisputed that Mazuma did not comply with this deadline. 

After expiration of the lease schedules in June 2018, Ortho offered to purchase the equipment for $2,375,000.00.  Mazuma insisted on a buyout of $18,168,281.56, which was the maximum under the purchase option and evergreen clause.  Mazuma also threatened that unless Ortho agreed to the purchase option terms dictated by Mazuma, it would invoke the evergreen clause, and the lease would automatically renew for another year, e.g., another $9 million. 

During the course of the negotiations, Ortho disclosed to Mazuma the existence of the New York statute, and Mazuma denied its applicability, since the lease was governed by Utah law.  In a curious change of position, Mazuma then gave the notice under the New York law, but did so over 120 days late. 

The Utah Lawsuit
Undaunted, Mazuma took the aggressive approach and sued in Utah, claiming that Utah law applies to the lease, not New York law. Mazuma sought the one-year evergreen sum of $9 million together with the $18 million purchase option. Unbeknownst to Mazuma, Ortho had already filed an action in New York federal court eight days earlier, beating Mazuma in the race to the courthouse. 

In the Utah action, Ortho filed a motion to dismiss or transfer the action to the Western District of New York under the legal theory of comity, or the first to file. Mazuma opposed the motion, claiming that Utah, not New York, was the appropriate place to hear the matter under its forum selection clause. 

The doctrine is not absolute, but many judges look for a way to remove cases from their docket, so the motion is often granted. In the Utah case, the motion was granted and the Utah matter was stayed and transferred to the New York action, notwithstanding the forum selection clause. 

The New York Action
The New York action is now hearing the matter.  Mazuma has filed its own motion to dismiss based on the forum selection clause in the lease, again seeking to send the case back to Utah, where the court may, or may not apply the New York statue on evergreen clauses.  This would be the second bite at the apple for Mazuma on this issue.

Ortho has opposed the motion to dismiss, claiming that the proper procedure is not a motion to dismiss, but a motion to transfer and further arguing that the New York statute represents a fundamental public policy of the state of New York to protect its lessees from sharp practices. 

The Court has indicated that it will rule on the matter in January, 2019. New York law allows a party to a contract to avoid the application of a forum selection clause if the clause would be overreaching, would violate public policy, or where it can be shown that Utah would not apply New York’s evergreen statute, essentially depriving the lessee of its day in court. This is a strong burden, but since Utah has no statute governing evergreen clauses, Ortho has a pretty good public policy argument.  New York’s statute enjoys the protection of being a fundamental public policy, which should enjoy the protection of the federal courts. Unless Mazuma agrees to the New York statute’s applicability, Mazuma’s motion to dismiss may be denied. 

From a public policy stand point, if a forum selection clause and a choice of law provision can essentially gut New York’s evergreen clause statute, it would leave New York lessees with very little protection, except from lessors who are stupid enough to sue in New York. This makes no sense. 

While no decision has yet been made as to this legal game of ping pong, there are some takeaways from this action even at this preliminary stage. 

• First, Pay Attention to the Residence of the Lessee. Here, New York has a specific statute governing evergreen clauses, which may or may not be applicable for a Utah lease. Nevertheless, had the lessor been aware of its obligations under New York law and given the required notice, the case would still be in Utah and the post maturity rent would still be on the table.   

• Second, Comply with Local Laws. I’m puzzled by a large equipment lessor with an equally large lease agreement which hasn’t read about the New York statute governing evergreen clauses and didn’t bother to comply. Equipment lessors and their attorneys have been writing about this statute for years. Unless Mazuma lawyers were living in a cave, how can this happen when $27 million is at stake? 

•  Third, There Are Consequences for Non-Compliance with New York’s Evergreen Statute.  The law is mandatory, it is not a suggestion.  Moreover, there is no statutorily-created exception which would justify Mazuma’s late notice.  A plain reading of the statute suggests that unless a timely notification of the existence of the evergreen clause is made under New York law, the equipment lessor may not enforce the evergreen clause.  That whooshing sound you just heard was Mazuma’s $9 million going out the window. 

• Fourth, Better Late Than Never May Work Against the Lessor. I’m usually a big fan of complying with the law, albeit late. However, in this case, the fact that Mazuma argued Utah law applied and then turned around and untimely complied with the New York law would seem to imply that it acknowledged both the existence and application of the New York statute. Perhaps it would have been better not to comply and simply argue that Utah, not New York, law applied. I hope someone at Mazuma thought this out. 

• Fifth, Where a Lease Contemplates a FMV Purchase Option, It Is Better to Provide a Mechanism for Determining Value. These leases should have a provision that when the parties cannot agree as to the value, then the value should be determined by appraisers or an arbitrator. The value should not be dictated by the equipment lessor under the threat of a $9 million evergreen clause. That is simply not fair. 

• Sixth, A Lot is at Stake for the Integrity of New York’s Statutes. If an equipment lessor can avoid New York’s evergreen statute by a choice of law and venue provision, then the only equipment lessors who may be forced to comply will be those who stupidly file in the state of New York. Hopefully for the sake of the New York legislature, the federal court will agree that this provision is a fundamental public policy which cannot be avoided by a choice of law and venue provision. 

The bottom line to this case is that it presents an important issue which is unresolved in New York—that is whether its statute governing evergreen provisions applies even in leases where the choice of law and venue is outside of New York. Stayed tuned.

Mazuma Complaint (23 pages)
http://leasingnews.org/PDF/MazumaComplaintNY.pdf

Mazuma Motion to Dismiss (23 pages)
http://leasingnews.org/PDF/MazumaMotionDismissNY.pdf

Mazuma Opposition to Motion to Dismiss NY (24 pages)
http://leasingnews.org/PDF/MazumaOppositionMotionDismissNY.pdf

Mazuma Complaint (73 pages)
http://leasingnews.org/PDF/MazumaComplaintUtah.pdf

Mazuma Opposition to Motion to Dismiss in Utah (22 pages)
http://leasingnews.org/PDF/MazumaMotionTransferUtah.pdf

Mazuma Motion to Transfer Utah (17 pages)
http://leasingnews.org/PDF/MazumaOppositionMotionDismissUtah.pdf

Mazuma Order Transferring Case (2 pages)
http://leasingnews.org/PDF/MazumaOrderTransferringCaseUtah.pdf

Tom McCurnin is a partner at Barton, Klugman & Oetting in Los Angeles, California.

 

Tom McCurnin
Barton, Klugman & Oetting
350 South Grand Ave.
Suite 2200
Los Angeles, CA 90071
Direct Phone: (213) 617-6129
Cell (213) 268-8291
Email: tmccurnin@bkolaw.com
Visit our web site at www.bkolaw.com
Previous Tom McCurnin Articles:
http://www.leasingnews.org

Previous Tom McCurnin Articles:
http://www.leasingnews.org/Conscious-Top%20Stories/leasing_cases.html

 

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Mazuma Up to Old Tricks, Been Following for Years
By Christopher Menkin, Editor

Tom and I have written about Mazuma Capital, South Jordan, Utah, a wholly-owned subsidiary of Onset Financial, and the PPR and Evergreen incidents for several years. Leasing News originally informed readers about the merger of Onset Financial and Mazuma Capital (A). We also noted when Mike Lee resigned from the board of directors to run for US Senate (he won.)

Both Onset and Mazuma have appeared in the extra payment as well as PRR clause schemes. (A)

Here is an excerpt from a July, 2012 posting:

Mazuma Capital Corp, Draper, Utah.  Several routine "end of lease agreements, as alleged in Unified Container and Anderson Dairy (1).” "8. The basic scheme involves the inclusion of a purchase, renewal, return (“PRR”) provision in the lease. The lessor assures the customer they will be able to purchase the equipment at the end of the initial term in the lease for a reasonable or nominal price. Often, the lessor promises the equipment can be purchased at a fixed percentage of the total amount financed. However, at the end of the initial lease term, the lessor refuses to honor the agreed upon purchase price or negotiate in good faith regarding a purchase price, but instead, insists the lease automatically renews for an additional term (usually twelve months).

9. The inclusion of the purchase and return options in the lease are entirely illusory and intended only to give the customer the false impression that it can exercise any of the three options at the end of the initial lease term, when in fact, the lessor will only allow an automatic renewal at the end of the initial lease term.) There are other exhibits. This case was settled "out of court."
    (page 3)

H. Jared Belnap, President & CEO, Mazuma Capital Corp., takes exception on being on the Evergreen list. His full letter and Leasing News Response is at (5).

“22. Mazuma Capital is associated with Republic Bank and obtains financing for its leases containing PRR provisions from Republic Bank.

23. Like what took place at Amplicon, Inc., the PRR scheme utilized by Matrix, Applied Financial, LLC, Mazuma Capital, Tetra Financial Group, LLC and others has begun to be exposed through litigation and negative press. See Deseret News (2) articles attached hereto as Exhibits B (2) and C. (3)”

Here is a case where New York courts threw out the Evergreen Clause as not legal in New York, even though venue appears to be Utah. (4)

(1) 36 main pdf
http://leasingnews.org/PDF/36main.pdf
(2) Deseret News
http://leasingnews.org/PDF/DeseretNewsarticle.pdf
(3) Exhibit C
http://leasingnews.org/PDF/ExhibitCDeseret.pdf
(4) Salon Management case
http://leasingnews.org/PDF/SalonManagement.pdf

(5) Mazuma Takes Exception on Being on Evergreen List
http://www.leasingnews.org/Pages/lease_expiration_evergreen_badguys.html

(A) Look Out!!! Readers/Bankers/Lessees
--Two Evergreen/PRR Clause Lessors Merge
Onset Financial/Mazuma Capital
http://leasingnews.org/archives/Jan2014/1_13.htm#merge

Mazuma and Republic Bank Get Snared on
PRR Provision in Equipment Lease
by Tom McCurnin, Esq.
Barton, Klugman & Oetting
Los Angeles, California
http://leasingnews.org/archives/Sep2012/9_07.htm#mazuma

 

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Purchase, Renewal, Return ("PRR") Clauses
by Christopher Menkin

"PRR" clauses are in the category of "Evergreen Clauses" and "Wintergreen Clauses," where the lessee must notify the lessor of its intention, often 90 days in advance, regarding its intent toward the residual. Its abuse, when the lessee fails in notify the lessor, has resulted continuing automatic payments, ACH, until the lessee realizes what is happening.  Worse is the Purchase, Renewal, Return clause ("PPR"). It basically is an automatic 12 month extension of the lease contract when there is not resolution or 90 day notification. The wording makes it a merry-go-round.   In the case of Republic Bank, Bountiful, Utah, before they started winding down, they would not only discount the stream of
payments but the 12 month "PPR" to the lessor.  One of their favorites was Mazuma Capital, Draper, Utah; who “merged” with Onset Financial, South Jordan, Utah, January, 2014 (1).

In the "Evergreen Section, "Leasing News identifies Marquette Equipment Finance, Midvale, Utah, Mazuma Capital Corp, Draper, Utah, Onset Financial, South Jordan, Utah, Pacific Western Equipment Finance, Cottonwood Heights, Utah, Tetra Finance Group, Salt Lake City, Utah 9 (2).  The evidence is from court cases as well as current leasing contracts that contain the provision.

A typical example comes from a court case involving Onset Financial:

“(Section 20:
n. Lessee's Options at Maturity of Base Period. At the maturity of the Base Period of any Lease, Lessee shall, provided at least one hundred fifty (150) days prior written notice is received by Lessor from Lessee via certified mail, do one of the following: (1) purchase the Property for a price to be determined by Lessor end Lessee, (2) renew the Lease for twelve (12) additional months at the rate specified on the respective Schedule, or (3) terminate the Schedule and return the Properly to Lessor at Lessee's expense to a destination within the continental United States specified by Lessor; provided, however, that for option (3) to apply, all accrued but unpaid late charges, interest, taxes, penalties, and any and all other sums due and owing under the Schedule must first be paid in full, the provisions of Sections 8f, 8g and 7d hereof must be specifically complied with, and Lessee must enter into a new Schedule with Lessor to lease Property which replaces the Property listed on the old Schedule. With respect to options (1) and (3), each party shall have the right in its absolute and sole discretion to accept or reject any terms of purchase or of any new Schedule, as applicable. In the event Lessor end Lessee have not agreed to either option (1) or (3) by the maturity of the Base Period, or if Lessee fails to give written notice of Its option via certified mail at least one hundred fifty (150) days prior to the maturity of the Base Period, or if an Event of Default has occurred under any Lease, then option (2) shall apply at the maturity of the Base Period. At the maturity of the renewal period provided for In option (2) above, the Lease shall continue in effect at the rate specified in the respective Schedule for successive periods of six (6) months each subject to termination at the maturity of any such successive six-month renewal period by either Lessor or Lessee giving to the other party at best thirty (30) days prior written notice of termination." (3)

1. Mazuma-Onset Merger http://leasingnews.org/archives/Jan2014/1_13.htm#merge
2. Evergreen Clauses
   http://www.leasingnews.org/Pages/lease_expiration_evergreen.html
3. Onset Contract
   http://leasingnews.org/PDF/OnsetContract.pdf 

 

Developing Strong Leaders for the Commercial
Equipment Finance and Leasing Industry

Your 2019 Plan
By Scott Wheeler, CLFP

Many originators in the commercial equipment leasing and finance industry are in the process of finalizing their 2019 business plan.

Increasing your volume by 25% to 50% is not a plan - it's a goal.

A plan includes specific actionable activities which will allow an originator to reach her 2019 sales goal. I recently asked an originator to review the following as she was formulating her plan for 2019:

• What specific "key" accounts is she going to focus on in 2019
• What is she going to do differently to win these accounts that she had not tried in the past
• Why, specifically, does she believe these accounts are winnable in 2019
• What data does she need to effectively solicit these "key" accounts and how is this data going to be made available to her
• What five steps is she planning to take to activate these accounts and what is the timeline to accomplish these five steps
• What is her specific plan - is it in writing?

The best business plans have executable activities which will produce positive results. Plan your work - work your plan.
 
Plan & Execute  

Scott A. Wheeler, CLFP
Wheeler Business Consulting
1314 Marquis Ct.
Fallston, Maryland 21047
Phone: 410 877 0428
Fax: 410 877 8161
Email: scott@wheelerbusinessconsulting.com
Web: www.wheelerbusinessconsulting.com

Sales Makes it Happen articles:
http://www.leasingnews.org/Legacy/index.html

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China has agreed to ease tariffs on American-made cars shipped to China has sent the share prices of several carmakers soaring. While Ford and Fiat Chrysler were both up more than 2 percent in pre-market trading on Monday, German automakers BMW and Daimler were up more than 5 percent halfway through Monday’s trading session in Germany.

In case you’re wondering what German carmakers stand to gain from a potential trade truce between the United States and China, the following chart has the answer. Both BMW and Daimler (Mercedes-Benz) operate plants in the United States, where they predominantly build SUVs and other luxury models, of which many are exported to China. In fact, according to LMC Automotive, 7 of the 10 American-made models most exported to China in 2017 were BMW/Mercedes models.

With more than 100,000 vehicles shipped to China last year, BMW was not only the company exporting the most cars from the U.S. to China, but its Spartanburg plant was the largest U.S. automotive exporter in total with more than 270,000 exported BMW X models and a total production volume of 371,284 in 2017.

By Felix Richter, Statista

https://www.statista.com/chart/16290/number-of-american-made-passenger-vehicles-exported-to-china-in-2017/

 

##### Press Release ############################

Platform, Signet New Digital Platform
Signature Bank Partners with trueDigital Holdings

NEW YORK----Signature Bank (Nasdaq: SBNY), a New York-based full-service commercial bank, announced today the unveiling of a new digital payments platform, Signet™, designed to enable real-time payments for its commercial clients. Signature Bank is partnering with trueDigital Holdings, LLC, a New York-based blockchain-based infrastructure, exchange and settlement technology company, providing solutions for traditional and emerging financial markets.

The Signet Platform will leverage blockchain technology in its architecture, allowing Signature Bank’s commercial clients to make payments in U.S. dollars 24 hours a day, seven days a week, 365 days a year. The Signet Platform will be open to all commercial clients effective January 1, 2019 at 12:01 A.M. Eastern Time, and can be accessed then at www.signet.com. Transactions made on the Signet Platform settle in real time, are safe and secure, incur no transaction fees, and require a minimum account balance of $250,000. Typically, in the case of real-time payments, funds are transferred between two different institutions. With Signet, funds are transferred in real-time between commercial clients of Signature Bank, eliminating any dependence on a third party.

The Signet Platform has been approved for use by the New York State Department of Financial Services. Deposits held within the Signet Platform are eligible for FDIC insurance, up to the legal insurable amounts defined by the FDIC.

Joseph J. DePaolo, President and Chief Executive Officer at Signature Bank, explained, “The ability to transmit funds between approved, fully vetted commercial clients of the Bank at all times is very valuable, especially in light of the increasing speed and frequency at which they conduct their business.

“As we have been stating, Signature Bank has made a commitment to invest in its technology infrastructure, and the Signet Platform is indicative of this investment along with the implementation of new systems for loan operations, credit approvals and foreign exchange.

“We believe our new Signet program will further differentiate Signature Bank and arm our commercial clients with more of the types of tools and capabilities they need to successfully operate their businesses in our fast-changing, technology-based economy.

“It is gratifying to have the support of Superintendent Vullo and the Department of Financial Services. Through regulated innovation, we were able to turn our vision into a reality. It is clear the Superintendent and Department of Financial Services have thoroughly researched the financial technology arena and understand how it impacts the future of financial services. We look forward to working closely with their team to continue to transform digitally,” DePaolo concluded.

Scott A. Shay, Chairman of the Board, added: “Signet will quickly prove to be extremely beneficial and revolutionary for our commercial clients as they will now be afforded the opportunity to make instantaneous USD payments to one another in real-time (24x7x365) at no cost per transaction. There are many commercial enterprises and transactions that benefit from real-time payments capabilities, such as the wholesale energy distribution market and over-the-counter institutional trade and settlement activities, just to name a few.

“Signet puts Signature Bank on the cutting edge of commercial digital payments in an era when on-demand payments are fast becoming the norm, not only amongst consumers but businesses as well. This is an exciting time in financial services, and we are pioneering a payments platform to better meet our commercial clients’ evolving needs. We want to express our appreciation for the alacrity the Department of the Financial Services demonstrated in reviewing Signet.”

Sunil Hirani, Founder of trueDigital, noted: “We are pleased to partner with Signature Bank. The launch of Signet will address an obvious need that diverse ecosystems have for exchanging funds repeatedly with the same counterparty. This will significantly reduce costs, counterparty risk and settlement times.”

Signature Bank is regulated by both the Federal Deposit Insurance Corporation and the New York State Department of Financial Services.

About Signature Bank

Signature Bank, member FDIC, is a New York-based full-service commercial bank with 30 private client offices throughout the New York metropolitan area, including those in Manhattan, Brooklyn, Westchester, Long Island, Queens, the Bronx, Staten Island and Connecticut. In 2018, the Bank expanded its footprint on the West Coast with the opening of its first full-service private client banking office in San Francisco. The Bank’s growing network of private client banking teams serves the needs of privately owned businesses, their owners and senior managers.

Signature Bank’s specialty finance subsidiary, Signature Financial, LLC, provides equipment finance and leasing. Signature Securities Group Corporation, a wholly owned Bank subsidiary, is a licensed broker-dealer, investment adviser and member FINRA/SIPC, offering investment, brokerage, asset management and insurance products and services.

Since commencing operations in May 2001, the Bank has grown to $45.87 billion in assets, $35.13 billion in loans, $36.09 billion in deposits, $4.24 billion in equity capital and $3.66 billion in other assets under management as of September 30, 2018. Signature Bank's Tier 1 and risk-based capital ratios are significantly above the levels required to be considered well capitalized.

Signature Bank is ranked the 40th largest bank in the U.S. from nearly 6,000, based on deposits (SNL Financial). The Bank recently earned several third-party recognitions, including: appeared on Forbes' Best Banks in America list for the eighth consecutive year in 2018; named Best Business Bank, Best Private Bank and Best Attorney Escrow Services provider by the New York Law Journal in the publication’s annual “Best of” survey for 2018, earning it a place in the New York Law Journal’s Hall of Fame, awarded to companies that have ranked in the “Best of” Survey for at least three of the past four years.

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### Press Release ############################

NEFA Announces Education Grants Available
for Equipment Finance Professionals

Chris Walker, CLFP
(Photo: GreatAmerica Corporate Directory)

 The Chris Walker Education Fund Board of Trustees is now accepting grant requests until the application deadline of January 31st, 2019.  The fund will award a total of $18,000 in grants to be distributed by the end of February 2019. The grant application process is available to individuals as well as associations, foundations, and institutions. Individual grants may be requested up to $1,500, or an amount equal to the cost of qualified industry-related education.

Funds available through the Chris Walker Education Fund may be used for any project or need that provides industry education opportunities for leasing professionals. This includes grants for industry-related education, certifications (such as the Certified Lease and Finance Professionals (CLFP) designation), development of content for NEFA’s Online Learning Center, or other education initiatives.

All grant requests must be submitted online through the following link:
https://www.nefassociation.org/page/FundRequestForm

About the fund

Education was always important to Chris Walker, as a NEFA Member and Member of NEFA's Board of Directors. When Chris passed away in 2011, many NEFA Members and other industry professionals wanted some way they could make a donation to honor Chris and continue his great service to this industry. This resulted in the creation within NEFA of the Chris Walker Education Fund.

For more information, you can visit:  https://www.nefassociation.org/donations/fund.asp?id=10120

Confidentiality Notice

All requests submitted online will be held in the strict confidence of the Chris Walker Education Fund Committee members. Any information shared will be used strictly for the purpose of determining grant awards and shall not be shared outside of the board members.

Committee Members:
Randy Haug, LTi Technology Solutions rhaug@ltisolutions.com
Kim King, NEFA kking@nefassociation.org
Chris Lerma, CLFP AP Equipment Financing clearma@apfinancing.com  
Guy Selinka, CLFP Streamline Financial Services guy@streamlinefin.com  
Hugh Swandel, The Alta Group hswandel@thealtagroup.com
Kayla Perlinger, CLFP Oakmont Capital Services, LLC kperlinger@oakmontfinance.com

#### Press Release #############################

Story of the Award and Chris Walker
http://leasingnews.org/archives/Aug2012/8_16.htm#nefa

Siberian Husky
West Jordan, Utah  Adopt a Dog

Chewbacca

ID #A012234
Male
2 years, 1 month
Brown and White

For more information about this animal, call:
West Jordan Animal Control at (801) 282-3951
Ask for information about animal ID number A012234

West Jordan Animal Services
5982 West New Bingham Hwy
West Jordan, UT 84084
801-282-3951
​
Monday-Friday
(excluding all state and federal holidays)
10 a.m.-6 p.m.
Officer Hours 7 a.m.-8 p.m.

Adopt a Pet
http://www.adoptapet.com/

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About the Event/Get Tickets Before Sold Out
(note: Other GoTo have Sold Out)
https://www.debankedmiami.com/

News Briefs----

New York Attorney Investigates Whether MCA Companies      
   Engaged in Fraud or Abused State Court System
https://www.bloomberg.com/news/articles/2018-12-03/new-york-state-is-said-to-probe-abuses-in-small-business-lending

$1.3 Billion Award Upheld Against Racecar Driver
   Scott Tucker Over Payday Loan Scandal
https://www.nbcnews.com/news/us-news/1-3b-award-upheld-against-racecar-driver-scott-tucker-over-n943311

Why Are Mortgage Applications Declining?
  From 7.1 percent in June to 6.7 percent
https://themreport.com/daily-dose/12-04-2018/why-are-mortgage-applications-declining

Woolsey fire likely worst ever to hit Malibu
   with home losses topping $1.6 billion
https://www.latimes.com/projects/la-me-malibu-woolsey-destruction-map/#nws=mcnewsletter

Equitable Group in Toronto to Acquire Equipment Finance
   Company in Accretive, All-Cash Transaction
https://www.newswire.ca/news-releases/equitable-group-to-acquire-equipment-finance-company-in-accretive-all-cash-transaction-701769542.html

SunTrust Bank Invests AI to Improve Payments
 Job of Chief Information Officer Changes Drastically
https://www.americanbanker.com/news/new-suntrust-it-chief-weighs-open-banking-ai-fintech-partnerships

USDA Purchases More Than $10 MM in California Table Grapes
"Shipments of California grapes to China are down 42.2 percent in volume and 41.2 percent in value in 2018 compared to 2017."
https://hanfordsentinel.com/usda-purchases-more-than-million-in-california-table-grapes/article_6aa576d0-9764-567b-bada-cccee22808fb.html

 

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You May Have Missed---

Le Bernardin Picked as No. 1 Restaurant in the World
  La Liste ranks 1,000 Restaurants from Around the Globe
https://www.foodnewsfeed.com/fsr/chef-profiles/le-bernardin-picked-no-1-restaurant

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S.F. 49ers

Jane Griffin

Gold helmets shine in the sunlight. 
The jerseys are loose and the pants are tight. 
Those were the only things shining this year. 
After so many losses, there's no reason to cheer. 
That's what all thought but one loyal fan 
Because not matter what, I believe that they can. 
I know we could have won the Superbowl 
If our kicker was able to make a field goal. 
Many times when we could have won the game, 
Because of special teams, we left the field in shame. 
We'll have to wait until next season 
To be the ones doing the teasin'. 
The Superbowl will be our mission. 
After all it's 49ers tradition.

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Sports Briefs---

NFL power rankings: Rams reclaim No. 1 spot
   as Texans close in on top five
https://www.usatoday.com/story/sports/nfl/2018/12/04/week-14-nfl-power-rankings-rams-saints-texans/2199251002/

What does 2-10 record say about Shanahan?
https://www.pressdemocrat.com/sports/9029047-181/what-does-2-10-record-say

Cowboys' Jerry Jones: 'Everyone has no tolerance for domestic abuse'
https://www.usatoday.com/story/sports/nfl/cowboys/2018/12/04/dallas-cowboys-jerry-jones-reuben-foster-kareem-hunt/2203524002/

Jay Gruden says Redskins 'discussed' Kaepernick
http://www.theredzone.org/Blog-Description/EntryId/73903/Jay-Gruden-says-Redskins--discussed--Kaepernick

[headlines]
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California Nuts Briefs---

Insurer goes bust from Camp Fire with millions in claims        
   outstanding. How will it affect Paradise homeowners?
https://www.sacbee.com/news/state/california/fires/article222563185.html

Chico home sales — and prices — soar after Camp Fire.
   ‘I need a house, I need it now!’
https://www.sacbee.com/news/business/real-estate-news/article222456600.html

Marriott strike yields 40 percent pay hike
    for Westin housekeepers
https://www.sandiegouniontribune.com/business/tourism/sd-fi-marriott-strike-pay-raise-20181204-story.html

A staffing shortage clouds the future of Napa Valley restaurants
https://napavalleyregister.com/news/local/a-staffing-shortage-clouds-the-future-of-napa-valley-restaurants/article_d2e13cf3-bd95-51b8-b7c3-710c91f0782f.html#tracking-source=home-top-story-1

[headlines]
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“Gimme that Wine”

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

While sommeliers feud, a deeper wine debate looms
https://www.sfchronicle.com/wine/article/While-sommeliers-feud-a-deeper-wine-debate-looms-13426483.php

Climate Change Shifts Global Wine Map
https://www.winebusiness.com/news/?go=getArticle&dataId=206738

USDA Purchases More Than $10 MM in California Table Grapes
"Shipments of California grapes to China are down 42.2 percent in volume and 41.2 percent in value in 2018 compared to 2017."
https://hanfordsentinel.com/usda-purchases-more-than-million-in-california-table-grapes/article_6aa576d0-9764-567b-bada-cccee22808fb.html

Newly Released Survey Shows Women Are the Future of Wine Writing
https://www.winebusiness.com/news/?go=getArticle&dataId=206866

A staffing shortage clouds the future of Napa Valley restaurants
https://napavalleyregister.com/news/local/a-staffing-shortage-clouds-the-future-of-napa-valley-restaurants/article_d2e13cf3-bd95-51b8-b7c3-710c91f0782f.html#tracking-source=home-top-story-1

NBC Bay Area Raises a Glass to Local Winemakers
  with New Documentary: America's Wine Country
https://www.winebusiness.com/news/?go=getArticle&dataId=206823

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

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

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

This Day in History

     1492 - Christopher Columbus discovered Haiti at the end of his first voyage (he never discovered the mainland, which was discovered earlier by several others including the Vikings, Chinese, and Africans (who also were the first to discover South America from a foreign land). Here Columbus made slaves of all the natives, shipping as many as he could to Europe in his following four voyages. Fifty years later the natives were wiped out by the thousands when Spanish armies came to Haiti in search of gold.  The Spanish were succeeded by the French, who brought slaves from Africa to work the plantations. In one of history most glorious struggles for independence, Haiti became the first black Republic in the world when it became a free country in 1804. American slaves would escape here, and to “free” states, which eventually brought on the Civil War as more “free” states were joining the union, such as Oregon, and territories were being formed in the North West.
www.haitiimpact.com/haitimarvelous.htm
http://www.amazon.com/exec/obidos/tg/detail/-/1565840089/ref=pd_thx_recs_2/
102-1682336-8966565?v=glance
    1496 - Jews are expelled from Portugal by order of King Manuel I. The new world would be a land of free religion for all, but how to get there, via South America.
    1775 - At Fort Ticonderoga, Henry Knox, begins his historic transport of artillery to Cambridge, MA.  As the siege at Lexington and Concord wore on, the idea arose that cannon recently captured at the fall of forts Ticonderoga and Crown Point in upstate New York could have a decisive impact on its outcome. Knox is generally credited with suggesting the prospect to Washington, who thereupon put him in charge of an expedition to retrieve them even though Knox's commission had not yet arrived.  Reaching Ticonderoga on December 5, Knox commenced what came to be known as the noble train of artillery, hauling by ox-drawn sled 60 tons of cannon and other armaments across some 300 miles of ice-covered rivers and snow-draped Berkshire Mountains to the Boston siege camps.
    1776 – The first fraternity in the US, Phi Beta Kappa fraternity was founded at The College of William and Mary, Virginia.
http://memory.loc.gov/ammem/today/dec05.html
    1782 - Martin Van Buren's (d. 1862) birthday, eighth president of the United States (1837-1841), at Kinderhook, NY.   He was the first president to have been born a citizen. His term saw many troubles from bank and business failures, depression and unemployment.   In 1837, Van Buren succeeded Andrew Jackson in the White House. Three months later, the Panic of 1837 sent the national economy into a tailspin. Van Buren's inability to alleviate the depression, along with his opposition to the annexation of Texas on grounds it would lead to expansion of slavery, led to his drubbing by Whig candidate William Henry Harrison in 1840. He retired to Lindenwald, his Kinderhook estate, where he died.
(Lower half of: http://memory.loc.gov/ammem/today/dec05.html )
    1787 - Shays' Rebellion: Daniel Shays of Pelham, MA, organized a group of farmers whose land had been seized and their neighbor and friends into an armed force that overthrew courts and committed other acts of violence. They were protesting the depreciation of paper money, the insistence of creditors on being paid in silver money, the imprisonment of debtors, and the seizure of farmland to pay off debts. Following the Revolutionary War, the United States faced severe economic hardships. One reason, in addition to war debt, was that the new nation was cut off from the commercial ties of the British Empire. Especially hard hit was Massachusetts because England cut off trade between the United States and the British West Indies. This severely harmed several businesses of that state such as shipbuilding, distilling, and lumber, which depended on the West Indies trade. Because of the economic hard times in Massachusetts, many farms heavily in debt were seized by their creditors and often sold for a fraction of their value. The farmers and working men of Massachusetts who were unable to pay their debts were sent to debtor prisons and would not be released until their debts were paid. The state legislature of Massachusetts responded to this economic crisis in a very inadequate manner such as increasing court costs and raising taxes. On this day, the “rebels” seized Worcester, Massachusetts, and were attempting to have others join them in the overthrowing of the government. They were also raiding homes, stealing food, clothing, and whatever valuables they could lay their hands upon. By February, 1787, however, they were completely routed. The rebels were captured and sentenced to death for treason, but they were later pardoned.
http://www.politicalresource.net/shay's_rebellion.html
http://mumbet.com/html/shay.html
    1792 - George Washington was reelected president of the United States. John Adams was elected vice president. The electoral vote was Washington, 132, Adams, Federalist of Massachusetts, 77; George Clinton, anti-Federalist of New York, 50. In those days, the person who came in second was vice-president. The third Congress consisted of 30 senators of whom 17 were Federalist and 13 Democratic-Republicans. In the House, the count was 57 Democratic-Republicans and 48 Federalists.
    1804 - Thomas Jefferson was reelected president of the United Sates. George Clinton, first governor of New York and like Jefferson, a Democratic-Republican, was elected vice president. The electoral vote was Jefferson, 162; Charles C. Pinckney, Federalist of South Carolina, 14. This was the first election with separate ballots for president and vice president.
    1822 – The founder of Radcliffe College, Elizabeth Cabot Agassiz (d. 1907), was born in Boston.  Agassiz was essential in ensuring that the "Harvard Annex" for women's education was transformed in 1894 from Harvard University into Radcliffe.
    1831 – Former President John Quincy Adams takes his seat in the House of Representatives.
    1832 - Andrew Jackson was re-elected President by 687,502 popular votes and 219 electoral votes against 530,189 popular votes and 49 electoral votes for Henry Clay. Martin Van Buren was elected Vice-President
    1839 – Birthday of General George Armstrong Custer (d. 1876) at New Rumley, Ohio. Although he was considered a Civil War hero, in 1867, he was court-martialed for not following orders or taking care of his men or following orders to protect farms. He had left his fort to visit his wife 275 miles away, who he had not seen for quite some time. Being the general in charge, he had the authority to do this, and did not pursue a group of Indians along the way, due to lack of information, including size and direction. He claimed he was being made a scapegoat for a failed campaign and General Sheridan later re-appointed him. He quickly redeemed himself.  Ulysses S. Grant was so infuriated with Custer's activity that he demoted him. Custer was popular among battle officers and was later re-instated to lead further activities against “hostile Indians.” While reportedly not popular with his men or other military, he was a fighter who was known to charge into battle with simple plans, which was his modus operandi. It is said that in his final battle, at Little Bighorn, June 25, 1876, one of his captains hesitated in the attack, delaying another, leaving Custer to attack with only half of his troops and leaving a hole for the Indians to escape.  They eventually surrounded the small force in sheer numbers, even though many did not have fire arms. The death of he and his 210 men became a war cry to “kill all the Indians” as the country moved further west.
http://www.civilwarhome.com/custerbi.htm
http://www.pbs.org/weta/thewest/people/a_c/custer.htm
http://www.garryowen.com/
    1843 - The Navy launched is first iron side wheel steamer, the “Michigan,” Erie, PA.
http://www.cogulus.com/archimedes/illustrations/1844_michigan.jpg
http://www.greatwhitefleet.org/michigan/01/history.htm
    1847 - Jefferson Davis first takes his seat in the Senate.
    1848 - President Polk triggers Gold Rush of '49, confirming California gold discovery. News of the discovery of gold in California in January was slow in reaching the East. Word of it first appeared in the New York Herald on August 19, but no great excitement was created until President James. K. Polk expressed enthusiasm about it in his message to Congress. The rush began by land across the continent and by sea and land via the Isthmus of Panama. The first shipload of prospectors arrived in San Francisco via Cape Horn on February 28, 1849. About 80,000 people made their way to California in 1849, 55,000 over land and 25,000 by sea. About 5000 that started out overland never made it because Asiatic cholera swept their ranks. By the end of 1848, gold worth $10,000,000,000 had been mined.
    1861 - The Gatling gun was invented.
    1862 - Battle of Coffeeville MS.  By November 1862, Northern Mississippi was securely in the hands of the Union. General Grant began the Mississippi Central Railroad Campaign, an overland push (following the main rail line through the heart of Mississippi, capturing the towns and rail along the way) into Mississippi with the goal of capturing Vicksburg in conjunction with General Sherman, who would follow the river route South.  After being defeated at Corinth, the Confederate Army of West Tennessee was on the retreat. At the battle of Hatchie’s Bridge, they successfully evaded the army's capture by the Union. The Confederate army kept falling back through Oxford and Coffeeville, constantly skirmishing with pursuing Union cavalry, who were ahead of Grant's column.
http://www.angelfire.com/ms2/grantshilohvicksburg/TheBattleofCoffeeville.html
http://www4.pair.com/justfolk/Diary103.htm
    1865 - In the wake of the Civil War, fiscal conservatives attempted to curtail the use of greenbacks, paper money minted to support the Union. The drive to end greenbacks got a boost when Treasury Secretary Hugh McCulloch made a plea for the currency to be discontinued. However, proponents of greenbacks kept the currency flowing into the 1870s.
    1870 - Birthday of Bill Pickett (d. 1932), rodeo cowboy, at Williamson County, Texas. Inventor of bulldogging, the modern rodeo event that involves wrestling a running steer to the ground.
    1876 - President Ulysses S. Grant delivered his speech today, apologizing to Congress, claiming mistakes he made while he was president were due to his inexperience. His errors, he said, were "errors of judgment, not intent." While Grant's personal integrity was never formally questioned, he was closely associated with many government scandals which became public during his presidency. The scandals included at attempt to corner the gold market, significant fraud in the Treasury Department and Indian Service. His term in office had many other “scandals” and was full of wide-spread corruption, particularly from cabinet members and other “financial” supporters.
    1876 – A fire at the Brooklyn Theatre kills at least 278 people.
    1879 – The first automatic telephone switching system was patented.
    1894 - Birthday of Phillip Knight Wrigley (d. 1977), baseball executive, born at Chicago, IL. Wrigley inherited the Chicago Cubs upon his father's death in 1932. He and his family owned the team for 60 years until selling it to the Tribune Company in 1981.
    1901 - Birthday of Walt Disney (d. 1966), Chicago. A prominent figure within the animation industry, he is regarded as a cultural icon, known for his influence and contributions to entertainment during the 20th century.   Disney was particularly noted as a filmmaker and a popular showman, as well as an innovator in animation and theme park design. He and his staff created iconic and enduring fictional characters including Mickey Mouse, Donald Duck, and Goofy. Disney himself was the original voice for Mickey. During his lifetime, he received four honorary Academy awards and won 22 Academy Awards from a total of 59 nominations, including a record of four in one year, giving him more awards and nominations than any other individual in history. Disney also won seven Emmy Awards.  He personally supervised the building of Disneyland, living on the premise, visiting the only night event, sometimes with Ward Kimball, as Dixieland was played there (one of my high school jobs was playing clarinet and bass sax during the off nights, the week, and he was a frequent visitor with his own glass---as the bar only served beer.)
    1902 – Strom Thurmond was born James Strom Thurmond (d. 2003) at Edgefield, SC.  In 1954, Thurmond won overwhelmingly, becoming the first person to be elected to the US Senate as a write-in candidate against ballot-listed opponents. In 1956, Thurmond resigned to run in the party primary, which he won. Afterward, he was repeatedly elected to the US Senate by state voters until his retirement 46 years later.  Thurmond supported racial segregation throughout much of his career. He wrote the first version of the Southern Manifesto, announcing southern disagreement with the 1954 Supreme Court decision in Brown v. Board of Education, which ruled that public school segregation was unconstitutional.  In an unsuccessful attempt to derail passage of the Civil Rights Act of 1957, Thurmond made the longest filibuster ever conducted by a single senator, speaking for a total of 24 hours and 18 minutes. 
    1906 – Otto Preminger (d. 1986) was born in Austria-Hungary, now Ukraine.  Preminger was a renowned theatre and film director.  After moving to Hollywood, he directed over 35 films. He first gained attention for “Laura” (1944) and “Fallen Angel” (1945) while in the 1950s and '60s, he directed a number of high-profile adaptations of popular novels and stage works. Several of these later films pushed the boundaries of censorship by dealing with topics which were then taboo in Hollywood, such as drugs (“The Man with the Golden Arm”, 1955), rape (“Anatomy of a Murder”, 1959) and homosexuality (“Advise and Consent”, 1962). He was twice nominated for the Academy Award for Best Director. He also had a few acting roles. 
    1908 – For the first time, numerals are used on football jerseys by the University of Pittsburgh.
    1912 - Marshall Royal’s (d. 1995) birthday into a musical family in Oklahoma.  He was lead altoist and band manager for Count Basie with whom he worked for 20 years. 
http://www.netstoreusa.com/mubooks/030/0304338362.shtml
    1916 - Sneakers with rubber soles and plain cloth uppers were sold from the early 1870s by Charles Goodyear of New York City, who de­veloped the vulcanized rubber shoe sole, and by many other footwear companies. The first brand of sneakers was Keds, introduced this day in 1916 by the United States Rubber Company, the successor to Goodyear's shoe company. The first Keds had black soles and high-top brown canvas uppers, mimicking leather shoes. The name was a combination of “kids” and ”ped,”the Latin word for “foot.”
    1920 -  Kay Davis was born Katherine McDonald Wimp (d. 2012) in Evanston, IL.   She was with Duke Ellington in the 1940's and she is best known for her wordless vocals in pieces such as "Transblucency" and "On a Turquoise Cloud". She also sang many pieces with lyrics. She is the only person Ellington allowed to reprise Adelaide Hall’s famous wordless vocal on "Creole Love Call." Her tenure in Ellington's band coincided with their increasing exposure on film.  http://www.parabrisas.com/d_davisk.html
    1920 – Prior to the formation of the NFL, a championship game between Akron and Buffalo ended in a scoreless tie and no winner was declared.
    1929 - Three men organized the American League for Physical Culture in New York City, the first nudist organization.
http://www.bareworks.com/history.htm
    1932 – Scientist Albert Einstein is granted a visa to visit the US.
    1933 - Prohibition ended with the repeal of the Eighteenth Amendment, as the Twenty-First Amendment was ratified. When Utah voted for the 21st Amendment the vote reached the 75% of the states required to amend the constitution.  Actually during this period, hospital and other records of alcoholism went down. There were considerably less accidents and deaths caused by drunk driving, and crime was more related to “lack of money” and the Depression than drinking. The law did not allow the transportation or making of alcoholic drinks, but private clubs and many restaurants had a long supply (and were able to purchase without the federal or sales tax, actually at a lower cost when the government was regulating it.) The grape industry suffered; however, individuals were allowed to make up to 300 gallons a year, plus beer, which created many home wine and beer makers which you legally can do today.
    1934 - American educator Mary McLeod Bethune founds National Council of Negro Women.
http://www.nps.gov/mamc/
http://www.whitehouse.gov/kids/dreamteam/marybethune.html
http://www.nahc.org/NAHC/Val/Columns/SC10-6.html
    1934 - Birthday of bass player Art Davis (d. 2007), Harrisburg, PA
http://www.artdavis.com/
    1934 - Birthday of Joan Didion in Sacramento, CA.   Her novels and essays explore the disintegration of American morals and cultural chaos, where the overriding theme is individual and social fragmentation. A sense of anxiety or dread permeates much of her work.   Best known for “The White Album” (1979), “A Book of Common Prayer” (1977) and “Play It as It Lays.”
    1935 - Birthday of early rock ’n’ roller “Little Richard” Penniman, singer, songwriter, at Macon, GA.  Penniman has been honored by many institutions, including inductions into the Rock and Roll Hall of Fame and the Songwriters Hall of Fame. He is the recipient of Lifetime Achievement Awards from The Recording Academy and the Rhythm and Blues Foundation. Penniman's "Tutti Frutti" (1955) was included in the Library of Congress' National Recording Registry in 2010, claiming the "unique vocalizing over the irresistible beat announced a new era in music."
http://www.history-of-rock.com/richard.htm
http://www.little-richard.com/
http://www.littlerichard.com/
    1936 - Bing Crosby took over as host of "The Kraft Music Hall." Jimmy Dorsey (who would later be host himself) led the Kraft Orchestra.
    1941 - Lexington, one of the two largest aircraft carriers employed by the United States during World War II, started its way across the Pacific in order to carry a squadron of dive bombers to defend Midway Island from an anticipated Japanese attack. Negotiations between the United States and Japan had been ongoing for months. Japan wanted an end to U.S. economic sanctions. The Americans wanted Japan out of China and Southeast Asia and Japan to repudiate the Tripartite "Axis" Pact with Germany and Italy before those sanctions could be lifted. Neither side was budging. President Roosevelt and Secretary of State Cordell Hull were anticipating a Japanese strike as retaliation-they just didn't know where. The Philippines, Wake Island, Midway Island-all were possibilities. American intelligence reports had sighted the Japanese fleet movement out from Formosa (Taiwan), apparently headed for Indochina. The U.S. State Department demanded from Japanese envoys explanations for the fleet movement across the South China Sea. The envoys claimed ignorance. Army intelligence reassured the president that, despite fears, Japan was most likely headed for Thailand not the United States. Lexingtonnever made it to Midway Island.  When it learned that the Japanese fleet had, in fact, attacked Pearl Harbor, it turned back without encountering a Japanese warship en route or deploying a single aircraft. By the time it reached Hawaii, it was December 13.
    1944 - McWHORTER, WILLIAM A., Medal of Honor
Rank and organization: Private First Class, U.S. Army, Company M, 126th Infantry, 32d Infantry Division. Place and date: Leyte, Philippine Islands, 5 December 1944. Entered service at: Liberty, S.C. Birth: Liberty, S.C. G.O. No.: 82, 27 September 1945. Citation: He displayed gallantry and intrepidity at the risk of his life above and beyond the call of duty while engaged in operations against the enemy. Pfc. McWhorter, a machine gunner, was emplaced in a defensive position with 1 assistant when the enemy launched a heavy attack. Manning the gun and opening fire, he killed several members of an advancing demolition squad, when 1 of the enemy succeeded in throwing a fused demolition charge in the entrenchment. Without hesitation and with complete disregard for his own safety, Pfc. McWhorter picked up the improvised grenade and deliberately held it close to his body, bending over and turning away from his companion. The charge exploded, killing him instantly, but leaving his assistant unharmed. Pfc. McWhorter’s outstanding heroism and supreme sacrifice in shielding a comrade reflect the highest traditions of the military service.
    1946 - President Truman creates Committee on Civil Rights by Executive Order #9808
http://www.trumanlibrary.org/hstpaper/pccr.htm
http://www.civilrights.org/
    1947 - Joe Louis beats Jersey Joe Walcott in 15 for heavyweight boxing title
http://www.cyberboxingzone.com/boxing/jlouis.htm
http://www.ibhof.com/walcott.htm
    1947 – Two-time Super Bowl champ with the Oakland Raiders and Heisman Trophy winner Jim Plunkett was born in San Jose.  After a stellar collegiate career at Stanford where he won the Heisman Trophy, he was the #1 draft pick of the woeful and then Boston Patriots.  The combination of injuries and a leaky offensive line diminished his role and in 1978, he was picked up by the Oakland raiders after two miserable seasons with the 49ers.  At age 33, after QB Dan Pastorini broke his leg, Plunkett led the team to a Super Bowl victory over the Philadelphia Eagles, then repeated it in 1983 over the Washington Redskins.  Plunkett is the only two-time Super Bowl winning QB not currently playing who is not in the Pro Football Hall of Fame.
    1948 - The first church service in sign language for the hearing impaired was broadcast from St. Matthew's Lutheran Church for the Deaf in Jamaica, Long Island. WPIX-TV, Channel 11 in New York aired the telecast.
    1948 – The New York Giants’ QB, Chuckin’ Charley Conerly established an NFL record with 36 consecutive pass completions.
    1949 – Ezzard Charles defeated Jersey Joe Wolcott for the heavyweight boxing championship.
    1950 - Top Hits
“All My Love” - Patti Page
“A Bushel and a Peck” - Perry Como & Betty Hutton
“Rudolph, the Red-Nosed Reindeer” - Gene Autry
“I'm Moving On” - Hank Snow
    1951 - The first push button-controlled garage opened in Washington, DC. A single attendant, without entering a car, could automatically park or return an auto in less than a minute.
    1951 – “Dragnet” debuted on TV.
    1951 – Shoeless Joe died in Greenville, SC.  Jackson’s .358 batting average is the third highest in Major League history.  Jackson played for three Major League teams during his 12-year career:  the Philadelphia A’s, Cleveland Naps, and the Chicago White Sox.  He is remembered for his performance on the field and for his alleged association with the 1919 White Sox who participated in a conspiracy to fix the World Series. As a result of Jackson's association with the scandal, MLB Commissioner, Kenesaw Mountain Landis, banned Jackson from playing after the 1920 season. Since then, Jackson's guilt has been disputed, and his expulsion from baseball during the prime of his career made him one of the game's legendary figures.
    1952 - “The Abbott and Costello Show” premiered on television. Bud Abbott and Lou Costello made 52 half-hour films for television incorporat­ing many of their best burlesque routines. The show ran for two seasons, until 1954. Costello was born at Paterson, NJ, Mar 6, 1906, and died at East Los Angeles, CA, Mar 3, 1959. In 1966, Hanna-Barbera Productions produced an animated cartoon based on the characters of Abbott and Costello. Abbott supplied his own voice while Stan Irwin imitated Costello. Bud Abbott was born at Asbury Park, NJ, Oct 2, 1895 and died at Woodland Hills, CA, Apr 24, 1974. Their celebrated routine, “Who's on First?” is a staple at the National Baseball Hall of Fame in Cooperstown, NY.
    1953 - A killer F4 tornado struck Vicksburg, MS, killing 38 and injuring 270. This was the last killer tornado of 1953, concluding one of the worst tornado years on record. Every corner of the nation east of the Rockies was hit by violent tornadoes. In no other years have violent tornadoes been so widespread
    1955 - Rosa Parks was arrested at Montgomery, Alabama on December 1 for refusing to give up her seat to a white man. This was following the Interstate Commerce Commission ban on integrated buses and bus stops, which Alabama and other states were ignoring. In support of Parks, and to protest the arrest, the black community of Montgomery organized a boycott of the bus system. Dr. Martin Luther King, Jr., at first reluctant to have his church involved, listened to the calls of his parishioners and joined the boycott where the assemblage pushed him into the fore front. When I interviewed him as a newsman, he was “shy” at the time, he explained, and did not consider himself a leader, but “caught up in the movement.” The boycott lasted from December 5, 1955, to December 20, 1956, when the US Supreme Court ruling was implemented at Montgomery, integrating the public transportation system.
http://www.grandtimes.com/rosa.html
http://www.time.com/time/time100/heroes/profile/parks01.html
http://www.lkwdpl.org/wihohio/beth-mar.htm
    1955 - The AFL-CIO was founded. The American Federation of Labor and the Congress of Industrial Organization joined together, following 20 years of rivalry, to become the nation's largest leading advocate for trade unions
    1956 - The Alan Freed-produced movie, “Rock Rock Rock,“ is released with Tuesday Weld lip-synching to Connie Francis' voice.
    1957 - New York City passed a Fair Housing Practices Law, the first city to legislate against racial or religious discrimination in housing.
    1958 - Top Hits
“To Know Him, is to Love Him” - The Teddy Bears
“One Night” - Elvis Presley
“Problems” - The Everly Brothers
“City Lights” - Ray Price
    1964 - RCA announces that "Elvis' Christmas Album" has sold over 800,000 copies since being released in 1957.
    1964 - Lorne Greene's "Ringo" hits #1
    1964 - The Beach Boys' “Beach Boys Concert” album hits #1
    1964 - The Zombies' "She's Not There" enters the pop charts
    1964 - The Kinks' "You Really Got Me" enters the pop charts
    1964 - The first Medal of Honor awarded in the Vietnam War was presented to Army Captain Roger Hugh Donlon of Saugerties, NY. He was wounded four times (stomach, leg, shoulder, and face) at Nam Dong, about 20 miles from the Laotian frontier. The award was the first since the Korean War, the first in a counterinsurgency effort, and the first to a solider with a friendly foreign force engaged in an armed conflict in which the United States was not at war, a “belligerent.” Now retired, Col. Roger resides in Leavenworth, Kansas with his lovely wife of more than 30 years, Norma. They have 4 sons and Roger has a daughter from a previous marriage. The Donlons have a number of grandchildren and spend their time traveling, giving motivational speeches, promoting Roger's book, "Beyond Nam Dong", and working with The Westmoreland Scholar Foundation, an educational foundation dedicated to fostering reconciliation between the American and Vietnamese people.  http://www.mishalov.com/Donlon.html; http://www.homeofheroes.com/moh/citations_living/vn_a_donlon.html
    1966 - Top Hits
“Winchester Cathedral” - The New Vaudeville Band
“Good Vibrations” - The Beach Boys
“Devil with a Blue Dress On” & “Good Golly Miss Molly” - Mitch Ryder & The Detroit Wheels
“Somebody Like Me” - Eddy Arnold
    1967 - Baby doctor and writer Benjamin Spock along with Poet Allen Ginsberg and others arrested protesting Vietnam war.
http://www.washingtonpost.com/wp-srv/politics/campaigns/junkie/links/spock.htm
http://www.virtualology.com/virtualpubliclibrary/hallofeducation/Pedagogy/Benjamin-Spock.org/
    1969 - The four node ARPANET network is established.
    1972 - The Mormon Church officially excommunicates Sonia Johnson, founder of "Mormons for the ERA," for her efforts on behalf of the Equality Rights Amendment. She was fifth generation Mormon.
    1973 - Paul McCartney releases "Band on the Run" album.
    1973 – The Cubs’ 3B Ron Santo became the first player to veto a trade involving him.
    1974 - The National Football League announces that it has voted membership to Seattle Professional Football, Inc., headed by Lloyd W. Nordstrom with partners Herman Sarkowsky, D.E. “Ned” Skinner, Howard S. Wright, M. Lamont Bean, and Lynn P. Himmelman.
http://www.seahawks.com/
    1974 - Top Hits
“I Can Help” - Billy Swan
“Kung Fu Fighting” - Carl Douglas
“When Will I See You Again” - The Three Degrees
“Back Home Again” - John Denver
    1975 - Fleetwood Mac's tenth album goes gold and will eventually reach platinum status. This is the first album by the regrouped band, including founders Mick Fleetwood and John McVie, veteran Christine McVie and newcomers Stevie Nicks and Lindsey Buckingham. The album contains the tunes "Rhiannon," "Say You Love Me" and "Over My Head."
    1975 - "Gratitude," a double album by Earth, Wind and Fire becomes their fifth album to go gold.
    1978 – The Phillies won the free agent sweepstakes for Pete Rose, awarding Charlie Hustle a four-year, $32 million contract.  It paid off when they won the 1980 World Series.
    1981 - An explosively deepening ocean storm southeast of New England caught forecasters off guard and unloaded heavy snows over New England. Boston, MA was buried with 13.5 inches and parts of southeast Massachusetts and Rhode Island reported over 2 fee
    1982 - The Cowboys beat Washington 24-10 at RFK Stadium for the club's -- and Tom Landry's -- 200th regular-season victory.
    1982 - Top Hits
“Truly” - Lionel Richie
“Gloria” - Laura Branigan
“Mickey” - Toni Basil
“You and I” - Eddie Rabbitt with Crystal Gayle
    1984 - Kareem Abdul-Jabbar, at age 37, was the oldest player in the National Basketball Association. He decided to push those weary bones just one more year by signing with the Los Angeles Lakers for $2 million. Other NBA greats who played for 16 seasons include John Havlicek of Boston, Dolph Shayes of Philadelphia, Paul Silas of Seattle and Elvin Hayes of Houston.
    1984 - A heavy snow came to an end in Oklahoma. 10 inches fell at Skiatook, OK and 6.1 inches at Oklahoma City, OK
    1988 - "Kokomo" by the Beach Boys topped the charts and stayed there for a week.
    1988 - Televangelist Jim Bakker was charged by a federal grand jury with mail fraud and conspiracy to defraud the public through the sale of thousands of lifetime memberships to PTL theme park, Heritage U.S.A. Bakker was convicted the following year and sentenced to prison.
http://www.80s.com/Icons/Bios/james_orsen_jim_bakker.html
http://www.physics.unlv.edu/~farley/humor/K/bakker.htm
     1989 - A warm Pacific storm system brought high winds and heavy rain to western Washington and western Oregon. Up to ten inches of rain deluged the western slopes of the Cascade Mountain Range in Washington State over a three-day period, and 500 persons had to be evacuated due to flooding along the Skagit River. Up to five inches of rain drenched northwest Oregon, and winds gusted to 71 mph at Netarts.
    1990 - Top Hits
“I'm Your Baby Tonight” - Whitney Houston
“Because I Love You (The Postman Song)” - Stevie B
“From a Distance” - Bette Midler
“Come Next Monday” - K.T. Oslin
    1991 - Charles Keating Jr (Lincoln Savings & Loan fraud), found guilty.  When Lincoln failed in 1989, it cost the federal government over $3 billion and about 23,000 customers were left with worthless bonds. His enterprises began to suffer financial problems and were investigated by federal regulators. His financial contributions to, and requests for regulatory intervention from five sitting U.S. senators led to those legislators being dubbed "the Keating Five." Keating was convicted in both federal and state courts of many counts of fraud, racketeering, and conspiracy. He served four and a half years in prison before those convictions were overturned in 1996. In 1999, he pleaded guilty to a more limited set of wire fraud and bankruptcy fraud counts, and was sentenced to the time he had already served.  He died in March, 2014.
    1991 – The New York Daily News filed for Chapter XI protection.
    1992 - The rappers known as Ice Cube hit it big as their "The Predator" became the #1 album in the U.S.
    1996 - The baseball players’ union executive board unanimously approved a new collective bargaining agreement, marking the end of the longest labor dispute in baseball history. The new agreement introduced a Luxury Tax, revenue sharing, inter league play, and several provisions designed to compel the future cooperation of owners and players.   
     1997 - The sleeper hit "Good Will Hunting" was released in United States theaters. The film made stars of Matt Damon and Ben Affleck, who co-wrote and starred in the film. The duo, close boyhood friends, received a writing Oscar for their screenplay.
    1998 - James P. Hoffa, Jr. won the Teamsters presidency after challenger Tom Leedham conceded defeat in the union's presidential election. Leedham said it was difficult to compete against Hoffa's name recognition, financing and more than four years of campaigning for the top post of the largest private sector union in the U.S. There are some that say “Junior” was one of those involved in the disappearance of his father, probably part of the cement structure holding up a bridge or building.
    1998 - R. Kelly & Celine Dion were number one in the U.S with their single, "I'm Your Angel."
    2001 – NYC Mayor Rudolph Giuliani announces he wants to complete new stadium deals for the Mets and Yankees before he leaves office at the end of the month. Before the 9/11 attacks, which dramatically changed the city's financial stature, the mayor thought an arrangement in which the city, the state and the owners agreed to pay one-third of the cost of the new stadiums might complete the negotiations with the teams. A deal will be struck and the two new ballparks will both open in 2009.
    2002 - Elton John guest stars on NBC's “Will and Grace.”
    2003 - A major winter storm impacted parts of the Mid-Atlantic and northeastern United States during the 5th-7th. Snowfall accumulations of one to two feet were common across areas of Pennsylvania northward into New England. Boston, MA received 16.2 inches while Providence, RI had the greatest single snowstorm on record with 17 inches, beating the previous record of 12 inches set December 5-6, 1981. Boston's Logan International Airport was closed briefly on the 7th as heavy snowfall made regular airport operations impossible.
    2014 - NASA successfully tested its unmanned Orion spaceship for potential human flight over 3,500 miles from Earth.  Several years and more tests will be needed before the vessel is ready for human travel, potentially paving the way for manned trips to Mars.