DocuSign Use in Federal Court Called into Question
by Tom McCurnin
Leasing News Legal Editor

Common Practice of Using DocuSign May Be Appropriate in a Commercial Context, But Not For Declarations Used in Federal Court

In re Mayfield, No. 16-22134-D-7, 2016 WL 3958982, at *3 (Bankr. E.D. Cal. July 15, 2016). 

Saechao v. Landry's Inc, No. C 15-00815 WHA, 2016 WL 1029479, at *12 (N.D. Cal. Mar. 15, 2016). 

The world loves DocuSign. You can receive a pdf, sign it, and return via email without bothering to print the document and scanning it. I knew there would come a time when a judge said that it was inappropriate. That day has come. The facts follow.

Counsel for the debtor filed the petition, schedules, statement of financial affairs, statement of current monthly income, statement of intention, verification of master address list, and statement of social security number, all with signatures that had been created DocuSign. In other words, the debtor never put pen to paper to sign these documents. 

However, Bankruptcy Rule 9004–1(c) (1) (C) and (D) requires original signatures, or at least that counsel has the original signatures. During the first meeting of creditors, the bankruptcy trustee requested the original signatures and Counsel could not produce the originally signed documents for review as required by Rule 9004–1(c) (1) (D), because they never existed. Thus, the issue presented was whether for purposes of bankruptcy court, the DocuSign affixation was appropriate. The court held it was not appropriate, and sanctioned Counsel with modest, but embarrassing sanctions. 

Although Counsel argued that DocuSign is appropriate in the business world, the court held the DocuSign affixation is a software generated signature and Counsel could not represent that originally signed copies of the documents existed and were in his possession at the time of filing, as required by Bankruptcy Rules.

The Court also noted that DocuSign documents can be easily manipulated or forged if the debtor’s spouse, child, or roommate had access to his computer and could have clicked on the “Sign Here” button.

Finally, the Court noted that the rule contemplates a distinction between an “originally signed document” and a “software–generated electronic signature.” The latter is perfectly acceptable if counsel retains possession of the “original signature.” 

Therefore, the court ordered the Counsel complete the online e–filing training on the court's website and to file a declaration verifying that he has done so.

Our second case today, is also a Federal decision, also in California and concerns a class action declaration signed by the named class members. The court also rejected a DocuSign declaration. 

What is the takeaway here?

While the world loves DocuSign, there are inherent flaws in the process and it will only be a matter of time that a “DocuSigned” contract is declared invalid.  You’ve been warned. 

Mayfield (4 pages)
http://leasingnews.org/PDF/Mayfield2017.pdf

Saechao v Landrys  (12 pages)
http://leasingnews.org/PDF/SaechaovLandrys2017.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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New Hires---Promotions in the Leasing Business
and Related Industries

Jerry Bates was hired as National Account Manager, Supplier Sales Team, Shire Leasing, Staffordshire, UK. He previously was Relationship Manager, CF Corporate Finance. "He has over 30 years of experience within the leasing industry, sales and relationship management."

Ron Elwood was hired as Sales and Marketing Manager, RLC Funding, Columbia, South Carolina. Previously, he was Regional Inside Sales Manager, Prysmian Group, 2012; promoted October, 2015, Utility Market Manager; Owner, Palmetto Business Finance, LLC (2010-December, 2014) (serving a short time in 2011 Marketing Manager for First Trillion Funding); Marketing Manager, LEAF Specialty Finance (2005 – 2010); Credit Analyst (App Only and Commercial), Republic Leasing Company/NetBank Business Finance (1999 – 2005); Languages: Catalan. Organizations: SC Small Business Chamber of Commerce. Volunteer: Mentor, Big Brothers Big Sisters of America (January, 2011 – Present). Education: University of South Carolina, Darla Moore School of Business, MBA, Business Administration.
Southern Wesleyan University, BSBA, Business Administration.
https://www.linkedin.com/in/relwood

Kelly Finke was promoted to Vice President of Sales, Element Fleet Corporation.  She is based in Orlando, Florida. She joined the firm September, 2016. Prior, she was VP New Business Development GE Capital Fleet Services (1995 – 2009); Sales, New Business Schwarz Pharma (1992 – 1995); New Business Sales, Lanier Business Products (1991 – 1992). Awards: Mid-Market Sales Person of the Year 1997, 2001, 2002. Presidential Award, 2001. Circle or Excellence Award, 2000. Education: University of Central Missouri, Social Work, Psychology (1987 – 1991). Activities and Societies: Delta Zeta
https://www.linkedin.com/in/kelley-finke-6511a242

Kevin Hamilton was hired as Manager of Transportation Financing - "4 Hour Funding for Trucks" – Rainstar Capital Group​, Grand Rapids, Michigan.  He is based in the Chicago area.  Previously, he was Senior Account Executive, Second City Leasing, LLC (June, 2013 – January, 2017); Senior Case Analyst, Community Tax Relief, LLC (May, 2011 – April, 2013). Education: Loyola University of Chicago.
https://www.linkedin.com/in/kevin-hamilton-64430374

Brian Jacob was hired as Vice President of the Customer Success Team, Southeast Regional Sales Team, Element Financial. He previously was the director of fleet client relations and business development, Leggett & Platt, Carthage, Missouri. Prior, he was Senior Account Manager, LeasePlan Corporation N.V.; Owner and Operator, Huntington Learning Centers.

Steve Mayne was promoted to Vice President, Operations, First America Equipment Finance, Fairport, New York. He joined the firm April, 2014. Education: State University of New York College at Geneseo, Bachelor of Science (BS), Business Administration and Management, General (2005 – 2009).
https://www.linkedin.com/in/steven-mayne-7167136a

Michael C. Needer was hired by Flushing Bank, Uniondale, New York, to "lead Equipment Financing Business Unit." Previously, he was Managing Principal, BlackWatch Capital (December, 2015 – December, 2016); Managing Director/ Head of Asset Finance, Modern Bank, N.A. (March, 2015 – October, 2015); Director, Stabilis Capital Management, LP (February, 2013 – March, 2015); Sr. Business Development Professional, Silver Point Capital (June, 2008 – January, 2013); Vice President, Magnet Bank (August, 2007 – March, 2008); Vice President, Emigrant Business Credit Corp. (April, 1998 – August, 2007); Education: Syracuse University, BA, Journalism (1978 – 1982).
Activities and Societies: Phi Kappa Psi fraternity.
https://www.linkedin.com/in/michael-c-nedder-08954711

John Okerson was hired as Director of Leasing, First South Leasing, a whole-owned subsidiary of First South Bankcorp., Inc., Washington, North Carolina. He recently moved to Washington, North Carolina from Phoenixville, Pennsylvania. He previously was Senior Credit Officer, Siemens Financial Services, Inc (September, 2004 – January, 2017); Relationship Manager, PNC (November, 2002 – September, 2004); Education: Northeastern University, Bachelor's Degree, Finance, General.
https://www.linkedin.com/in/john-okerson-a5748027

Nick Sailors was promoted to Vice President of Development Ops at LeaseTeam, Inc., Omaha, Nebraska. He joined firm July, 2009, as Lead Sr. Software Engineer; promoted, July, 2011, Manager, Software Development; promoted April, 2015, Director of Software Development. Previously, he was Sr. Software Engineer, Cox Communications (June, 2004 – July, 2009); Lead Programmer Analyst, Intellitek (June, 2002 – June, 2004); Developer, Memberworks (March, 1999 – June, 2001); Senior Airman United States Air Force (September, 1992 – March, 2000). Education: AIM Leadership Academy (2013 – 2014). University of Phoenix, BS, Information Technology (2005 – 2008). Activities and Societies: GPA: 3.7. Community College of the Air Force, Inventory Systems (1992 – 2000).
https://www.linkedin.com/in/nicksailors

Jill Schofield was hired as Managing Director, Western Canada at ZRG Partners, LLC., Boston, Massachusetts. She is based in Calgary, Canada.  Previously, she was Managing Partner Western Canada, DHR International (May, 2011 – January, 2017); CEO & Owner, Apogee Executive Search Inc. (December, 2002 – 2011); National Manager, IBM Global Services (1996 – 2000); Explorationist, Chevron Canada Resources (June, 1982 – 1996); Organizations: FIS. Education: Institute of Corporate Directors, Working toward the ICD.D designation (2016 – 2017). The Directors Education Program (DEP), jointly developed by the Institute of Corporate Directors and the University of Toronto’s Rotman School of Management, is offered nationally at Canada’s top business schools. Since the launch of the DEP, over 4,500 directors have completed the program, taking the first step towards acquiring their ICD.D designation. Queen's University, Geology. Tobique Valley High School, University of New Brunswick, Geology.
https://ca.linkedin.com/in/jillschofield

Adam Taylor was hired as Managing Director, Financemybusinessonline, London, United Kingdom. Previously, he was CEO, National Association of Commercial Finance Brokers (August, 2005 - December, 2016).
https://uk.linkedin.com/in/adam-tyler-b2003a23

 

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Leasing News Advisor
Edward P. Kaye, Esq.

Edward P. Kaye
Access Commercial Capital, LLC
3000 Marcus Avenue, Suite 3E01
Lake Success, New York 11042
(516)444-3621 Direct Dial
(800)571-3900 Toll Free
(516)213-1182 Fax
ekaye@accesscapital.biz
www.accesscapital.biz

Ed Kaye is a longtime supporter of Leasing News, contributing articles as well as features. He is an attorney, admitted to the bar of the State of New York, 1994, as well as has a MA and BA from the University at Albany. He also is presently serving as a member of the Board of Directors of the National Vehicle Leasing Association.

He began his career as an Account Executive, Term Leasing, then Auto Tech Leasing Associates. In 1997, he co-founded The Advantage Funding group of companies, serving as President, CEO and General Counsel. He and his partners sold the company in 2014.  The following year he was Co-Founder, Managing Member, and General Counsel of Access Commercial Capital, LLC., an independent specialty vehicle and equipment finance and leasing company.

Married to Linda Kaye for 29 years.  They have two children, Matthew, age 24, a media operations technician at NBC Universal, and Allison, age 19, a sophomore business major at Penn State University. He is an avid tennis player and enjoys spending time with his family and the outdoors.

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Leasing/Finance Conferences 2017
Save the Dates

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March 6-7
LendIt USA
Javits Convention Center
New York, NY
Registration
https://register.lendit.com/events/lendit-usa-2017/registration-2524df4551b143b6bafa14778d6b73d7.aspx?ct=96a6325c-3567-4ebc-9d29-6bcbae1279d3

Please use the code “Yodlee17VIP” at checkout to receive a 25% discount.

Pricing Increases to $2995 after February 10th, $500 Increase

Finalists for First Annual LendIt Industry Awards

https://s3-us-west-2.amazonaws.com/lendit/usa/2017/LendIt+Finalist+
Press+Release+1.19.17.pdf

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March 15, 2017 - March 17, 2017
2017 National Equipment Finance Summit
Renaissance Long Beach Hotel
Long Beach, California

Conference Chairperson: Frank Pretore, Esq.
Chiesa Shahinian & Giantomasi, PC

181 Registered as of February 9, 2017
http://www.nefassociation.org/events/RSVPlist.aspx?id=827092

Reid Raykovich, CLFP, Exec. Dir. CLFP Foundation, to receive
Leasing News Person of the Year 2016 Award

Announcement from Women in Leasing

The Women in Leasing LinkedIn Group would like to cordially invite you to our March luncheon at Parker’s Lighthouse in Long Beach, California on Wednesday, March 15th from 11:30pm – 2:30pm.

The lunch is being co-hosted by ECS Financial Services and Financial Pacific Leasing, an Umpqua Bank company.

The restaurant is located within walking distance from the 2017 NEFA Spring Summit host hotel.

If you would like to attend

You'll Find Everything Your Need to Know

Electronic Docs & Implementation
Current Market Trends and Changes
Marketing -5 Need-to-Know Tips
Collections - Best Practices
Cyber Security- Prevention is Key
Top Sales Training Techniques
Backend Operations - Untapped Revenue
Transitioning from Broker to Lessor
Transportation Financing & State Regulation
T-Value Software & Capabilities

You'll Find it All at the Finance Summit

Early Bird Pricing Available

Details:
http://www.nefassociation.org/events/EventDetails.
aspx?id=827092&group=

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March 22, 2017
16th Annual IMN/ELFA
Investor Conference
New York, New York

Speakers
https://www.imn.org/structured-finance/conference/Investors-Conference-on-Equipment-Finance-2017/Speakers.html

 

 

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April 4 - April 6, 2017
29th Annual National Funding Conference
Swissotel 
Chicago, Illinois

PLEASE NOTE:  As of 01-24-2017 all new registrations for Funding Source Suites will  be placed in hotel meeting rooms.  Actual hotel suites at the Swissotel for funding sources are sold out.

Brochure:
http://www.elfaonline.org/cvweb_elfa/cgi-bin/documentdll.dll/view?DOCUMENTNUM=1499

Funding Source Exhibitors (as of 02/08/17)

36th Street Capital
ATEL Capital Group
Bank of the West
BB&T Equipment Finance
BMO Harris Equipment Finance Company
Boston Financial & Equity Corporation
Bridge Funding Group, Inc.
CapitalSource, Inc.
CIT
Citizens Asset Finance, Inc.
ECS Financial Services, Inc.
EverBank Commercial Finance, Inc.
Fifth Third Equipment Finance Company
Financial Pacific Leasing, Inc., an Umpqua Bank Company
First American Equipment Finance, a City National Bank Company
First Bank of Highland Park
Flagstar Bank
Flushing Bank
Fuyo General Lease (USA) Inc.
GE Capital Markets Group
Hanmi Bank
Huntington Equipment Finance
J.P. Morgan Equipment Finance
Key Equipment Finance
Mitsubishi UFJ Lease & Finance (U.S.A.) Inc.
Nations Equipment Finance, LLC
People's Capital and Leasing Corp.
Santander Bank Equipment Finance
SCG Capital Corporation
Securcor Financial Group
Signature Financial
Societe Generale Equipment Finance
Stearns Bank NA-Equipment Finance Division
Sterling National Bank Equipment Finance Division
Stonebriar Commercial Finance
SunTrust Equipment Finance & Leasing Corp.
Susquehanna Commercial Finance, Inc.
TCF Equipment Finance, a division of TCF National Bank
UniFi Equipment Finance
Wells Fargo Bank Northwest-Corporate Trust Services
Wells Fargo Equipment Finance
Wintrust Commercial Finance 

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April 5, 2017 – April 7, 2017
National Vehicle Leasing Association
Hilton Nashville Downtown
121 Fourth Avenue South
Nashville, Tennessee 37201

Register

Contact: Elizabeth Schlicht
eschlicht@nvla.org 
414-533-3300

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April 27, 2017 - April 29, 2017
NAELB 2017 Annual Conferences
Sheraton Memphis Downtown Hotel
& Memphis Cook Convention Center
Memphis, Tennessee

Sweetheart Deal Deadline - February 14!
Full conference attendees who register by February 14
will get $50 off the registration fee!

Hurry! Offer ends on Valentine's Day!

Conference Information

http://iwantmy.naelb.org/events/event-description?CalendarEventKey=d1aee2bb-e740-4e78-8967-eac8da75e4fe&Home=%2fhome

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May 3, 2017 - May 5, 2017
37th Annual AGLF Conference
Omni Interlocken Resort
Broomfield, Colorado

---

October 4, 2017 - October, 6
2017 Funding Symposium
JW Marriott Buckhead
Atlanta, Georgia

---

October 11, 2017 - October 13, 2017
Lend360
Fairmount Dallas, Texas
http://www.lend360.org/

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October 17, 2017 - October 19, 2017
  Third Annual Conference

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October 22, 2017 - October 24, 2017
2017 56th Annual Convention
Orlando, Florida

---

October 22, 2017 -  October, 26, 2017
The Palazzo and Sands Convention Center
Venetian Hotel & Casino
Las Vegas, Nevada

 

(Leasing News provides this ad as a trade for appraisals
and equipment valuations provided by Ed Castagna)

Fernando's View
Valentine’s Day Special

From “Gone With the Wind” to “Titanic,” romance has long played a key role in the magic of movies. With Valentine’s Day just around the corner, check out our recommendations for Netflix’s collection of romantic favorites, and settle down with a movie to go with the flowers and heart-shaped chocolates.

Brief Encounter (David Lean, 1945): Before becoming a specialist in mega-sized spectacles like "Lawrence of Arabia" or "Doctor Zhivago," David Lean directed this exquisitely intimate 1945 drama. Co-written by acclaimed playwright Noel Coward and set in London on the verge of World War II, the story centers on Laura (Celia Johnson), a middle-class wife and mother whose comfortable but conventional life is suddenly complicated once she meets Alec (Trevor Howard) at the train station. The two quickly become friends, arranging meetings at parks and theaters and becoming increasingly aware that their bond is growing into romance. Will they push their bond to the next level? Focusing on the gathering storm of the characters' emotional turmoil, Lean's film works up an indelible atmosphere of longing immensely helped by the sensitive performances of Johnson and Howard.

Wings of Desire (Wim Wenders, 1987): Can love transcend spiritual realms? That’s the question lyrically visualized in German director Wim Wenders’ beautiful tone poem, which seeks union in the still-divided city of West Berlin. The vantage point is that of two angels, Damiel (Bruno Ganz) and Cassiel (Otto Sander) who watch the foibles of the living while keeping their distance—a distance that Damiel yearns to surpass, especially as he falls for a lonely trapeze artist named Marion (Solveig Dommartin). To be by her side, he renounces his immortality and becomes a part of the world. But can they find a way to be together amid so much human disconnection? Shooting mostly in exquisite black-and-white, Wenders finds a way to bridge existentialism and romanticism in this lovely, multilayered masterpiece. With subtitles.

Mississippi Masala (Mira Nair, 1992): Denzel Washington gets a chance to display his underrated romantic side in this sweet and tangy comedy-drama from Indian filmmaker Mira Nair (“Salaam Bombay”). Washington stars as Demetrius, a small-time Mississippi business owner who falls for Mina (Sarita Choudhury), the gorgeous daughter of a family of Ugandan immigrants. Their love meets resistance from the respective families, however, who believe that cultural barriers are too strong to be overcome. Undaunted, the two lovers continue to see each other while Mina’s father Jay (Roshan Seth) pursues his own dream of returning to his country. With a light touch and abundant humor, Nair’s seductive film paints a passionate portrait of emotion overcoming prejudice, featuring in Washington and Choudhury a couple that brims with vibrant sexiness.

The Bridges of Madison County (Clint Eastwood, 1995): Perennial tough-guy Clint Eastwood switches gears and showcases the tender side of his persona in this first-rate adaptation of the Robert James Waller best-selling novel. Told as a flashback set in the 1960s, the story chronicles the brief yet passionate affair that took place between Francesca (Meryl Streep), an Italian war bride in Iowa, and Robert (Eastwood), a “National Geographic” photographer on assignment in the area. No matter how deeply felt, can their bond last? With warm humor, patience and delicacy, Eastwood’s direction depicts the ways in which complex feelings stirred during a brief encounter can fundamentally change people forever. The result is a richly satisfying and gracefully poignant romance that belies its director’s reputation for gun-slinging sagas.

Midnight in Paris (Woody Allen, 2011): Though known for his neurotic wit, Woody Allen also has a romantic side that’s in full display in this beguiling charmer, set in the City of Lights. The director’s newest romantic comedy centers on the travails of Gil (Owen Wilson), a screenwriter who, hoping for a life away from the hustle of Hollywood life, heads over to Paris to seek its famed bohemian delights. His dreams quickly fizzle as his fiancée (Rachel McAdams) insists on boring evenings with her parents, until one night Gil finds himself somehow in the company of legendary Parisian personalities like Picasso and Zelda Fitzgerald. But how long will it be before this fantasy evaporates and he has to face reality? With a warm and often hilarious touch, Allen once again finds the balance between anxiety and epiphany.

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To Adopt, call 210-207-666
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Saturday/Sunday: 11:00 am - 5:00 pm

Adoption Fee: $86.00

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

 

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You can also ask us to email you the .apk to your mobile device and then follow the directions in the paragraph above.

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Attorneys Who Specialize in
Banking, Finance, and Leasing

Birmingham, Alabama The lawyers of Marks & Associates, P.C. have over 30 years experience in dealing with virtually every type of equipment financing and are recognized throughout the industry for prompt, practical solutions and exemplary service. They offer cost-conscious, effective lease enforcement and good counsel.  Email: Barry@leaselawyer.com Website: www.leaselawyers.com	California, National: city: Riverside  Ellen Stern - get results, reasonable pricing; numerous industry contacts, nearly 30 yrs exp.in SoCal, 20 yrs equip.: CFL license specialist, documentation, work-outs, litigated collections, recoveries; deal-maker.  Email: leaselaw@msn.com
Kenneth C. Greene California Leasing and Financial consultant, active in several leasing associations, as well as involved in music and film production inLA.  Mention "Leasing News" for a free consultation. 818.575.9095 Skype: 424.235.1658 ken@kengreenelaw.com	Connecticut, Southern New England:  EVANS, FELDMAN & BOYER, LLC Collections, litigation, documentation, portfolio sales and financing, bankruptcy. We represent many of the national and local leasing companies doing business in this state. Past chairman EAEL legal committee. Competitive rates.  email: rcfeldman@snet.net
Los Angeles/Santa Monica Hemar & Associates, Attorneys at Law Specialists in legal assistance, including debt collection, equipment recovery, litigation for 35 years. Fluent in Spanish.  Tel: 310-829-1948  email: phemar@hemar.com
Los Angeles, Southern CA  Seasoned attorney representing secured creditors in auto finance and truck/equipment lease industry.  Bankruptcy and State Court litigation.   Vincent V. Frounjian (818) 990-0605 or email: vvf@pacbell.net.	Encino, California: Statewide “ELFA”  Hemar, Rousso & Heald, LLP 30 yr excellent reputation Lessor representation commercial litigation, debt collection, and bankruptcy. Call Stephen E. Jenkins Esq (818) 501-3800
Los Angeles, Statewide: CA.     "ELFA" Aggressive creditors rights law firm specializing in equipment leasing handling collection matters on a contingency, fixed fee or hourly cbasis. email:RGarwacki@prodigy.net	Los Angeles, Statewide: CA      "ELFA" Practice limited to collections, bankruptcy and problem accounts resolution. Decades of experience. 10-lawyer firm dedicated to serving you. Call Ronald Cohn, Esq. (818)591-2121 or email. Email: rrcohn@aol.com
Los Angeles- Statewide, CA Lawyer specializing in banking and leasing issues statewide. Documents and litigation.  Tom McCurnin, Barton, Klugman & Oetting. Voice: (213) 617-6129  Cell:(213) 268-8291 Email:  tmccurnin@bkolaw.com	California & National Paul Bent – More than 35 years experience in all forms of equipment leasing, secured lending, and asset based transactions. Financial analysis, deal structuring, contract negotiations, documentation, private dispute resolution, expert witness services.  (562) 426-1000 www.paulbentlaw.com pbent@paulbentlaw.com
Illinois   Kevin E. Trabaris: Concentrates his practice in the areas of commercial finance, corporate and business transactions. Extensive experience representing banks, financial companies, equipment lessors, insurers and other funding and intermediary entities and borrowers in connection with thousands of business financing matters. He has handled everything from small ticket transactions to billion dollar syndicated loans, real estate financing to asset-based facilities. Email: ktrabaris@llflegal.com Work: 312.667.1354 Cell: 847.840.4687 http://llflegal.com/attorneys/kevin-trabaris/	Law Firm - Service, Dallas, TX. "ELFA" Mayer regularly practices in leasing, secured financing, project development and finance and corporate finance.  email: dmayer@pattonboggs.com Website: www.pattonboggs.com
Massachusetts (collection/litigation coast to coast)  Modern Law Group focuses its practice on collections, lease enforcement and asset recovery. For the past five years, our attorneys have helped clients recover millions of dollars. We are able to cover your needs coast to coast. Email phone 617-855-9085www.modernlawgroup.com	Michael J. Witt, experienced bank, finance, and leasing attorney, also conducts Portfolio Audits. Previously he was Managing Counsel, Wells Fargo & Co. (May, 2003 – September, 2008); Senior Vice President & General Counsel, Advanta Business Services (May, 1988 – June, 1997) Tel: (515) 223-2352 Cell: (515) 868-1067  E-mail: MWitt@Witt-Legal.com Web: www.witt-legal.com
National:  The OMEGA Network Group-nationwide legal representation of small and mid ticket equipment lessors-flat fee bankruptcy & replevin, contingent collection,  billable litigation (704-969-3280) tong_92@yahoo.com	National: Coston & Rademacher: Business attorneys serving the lease-finance industry since 1980. Transactional, documentation, corporate/finance, workouts, litigation, bankruptcy, portfolio management. Chicago-based national practice. Jim Coston, CLP (Members: ELFA, NEFA).  email: Jcoston@costonlaw.com Website:www.costonlaw.com
St. Louis County , MO. - statewide:  Schultz & Associates LLP., collections, negotiation, and litigation. Also register and pursue recovery on foreign judgments. Contingency and reasonable hourly rates.  Ronald J. Eisenberg, Esq. (636) 537-4645 x108  reisenberg@sl-lawyers.com www.sl-lawyers.com	NJ, De, Pa: Specializing in leased equipment/secured transactions. Collections, replevins/workouts reasonable rates. Sergio Scuteri/Capehart & Scratchard, PAsscuteri@capehart.com / www.capehart.com
New York and New Jersey Frank Peretore Chiesa Shahinian & Giantomasi West Orange, New Jersey http://www.csglaw.com/ biographies/frank-peretore  Phone 973-530-2058 fperetore@csglaw.com  Documentation, portfolio purchase & sale, replevin, workouts, litigation, collection, bankruptcy. Aggressive. Over 30 years experience.	Thousand Oaks, California:  Statewide coverage Spiwak & Iezza, LLP 20+ years experience,Representing Lessors banks in both State/ Federal Courts/ all aspects of commercial leasing litigation. Nick Iezza 805-777-1175 niezza@spiwakandiezza.com

News Briefs---

Bank of America Has Opened 3 Employee-Free Branches
  4.579 Financial Centers 2016/ 5,900 end of 2010
http://fortune.com/2017/02/08/bank-of-america-automatic-branch/ 

Nasdaq plans venture arm to invest in financial technology
  "to formalize...to increase the company's focus on technology
https://www.yahoo.com/tech/nasdaq-plans-venture-arm-invest-financial-technology-sources-214530428--sector.html

Alibaba's Ant Financial to raise as much as $3 billion in debt 
 "to fund acquistions and foreign investments"
http://www.reuters.com/article/us-ant-funding-idUSKBN15O0DD

 

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You May Have Missed---

Lease Account Changes: Explained

 

 

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Winter Poem

Blow, Blow, Thou Winter Wind

Blow, blow, thou winter wind 
Thou art not so unkind 
As man's ingratitude; 
Thy tooth is not so keen, 
Because thou art not seen, 
Although thy breath be rude.
Heigh-ho! sing, heigh-ho! unto the green holly: 
Most friendship if feigning, most loving mere folly: 
Then heigh-ho, the holly! 
This life is most jolly.
Freeze, freeze thou bitter sky, 
That does not bite so nigh 
As benefits forgot: 
Though thou the waters warp, 
Thy sting is not so sharp 
As a friend remembered not. 
Heigh-ho! sing, heigh-ho! unto the green holly: 
Most friendship if feigning, most loving mere folly: 
Then heigh-ho, the holly! 
This life is most jolly.
William Shakespeare

 

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Sports Briefs----

Bob Costas Ends 24-Year Run as NBC’s Prime-Time Olympics Host
https://www.nytimes.com/2017/02/09/business/media/bob-costas-nbc-olympics-host.html?ref=business&_r=0

49ers introduce new coach and GM, announce hiring of exec for personnel department
http://www.pressdemocrat.com/sports/6648531-181/49ers-introduce-new-coach-and?artslide=0

John Lynch, Kyle Shanahan won’t rule out return of Colin Kaepernick
http://www.theredzone.org/BlogDescription/tabid/61/EntryId/61675/John-Lynch--Kyle-Shanahan-won-t-rule-out-return-of-Colin-Kaepernick/Default.aspx

49ers part ways with strength and conditioning staff
http://www.sacbee.com/sports/nfl/san-francisco-49ers/article131365699.html

Carson Palmer confirms he's returning for 2017
http://www.theredzone.org/BlogDescription/tabid/61/EntryId/61671/Carson-Palmer-confirms-he-s-returning-for-2017/Default.aspx

[headlines]
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California Nuts Briefs---

Worker killed while clearing mudslide in Santa Cruz Mountains
http://www.sfgate.com/bayarea/article/Crash-near-mudslide-adds-to-traffic-woes-in-Santa-10920927.php

Only 11 percent of California remains in severe drought
http://www.sfgate.com/bayarea/article/California-drought-monitor-map-11-percent-severe-10920707.php

Californian acquires Hawaii sugar plantation land for $10M
http://www.mercurynews.com/2017/02/09/californian-acquires-hawaii-sugar-plantation-land-for-10m/

 

[headlines]
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“Gimme that Wine”

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

Worker killed while clearing mudslide in Santa Cruz Mountains
http://www.sfgate.com/bayarea/article/Crash-near-mudslide-adds-to-traffic-woes-in-Santa-10920927.php

Only 11 percent of California remains in severe drought
http://www.sfgate.com/bayarea/article/California-drought-monitor-map-11-percent-severe-10920707.php

Californian acquires Hawaii sugar plantation land for $10M
http://www.mercurynews.com/2017/02/09/californian-acquires-hawaii-sugar-plantation-land-for-10m/

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/

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

           1676 - In King Philip’s War, the Narragansett and Nipmuck Indians, searching for food, raided Lancaster, Mass. Over 35 villagers were killed and 24 were taken captive including Mary Rowlandson and her 3 children. Rowlandson was freed after 11 weeks and an account of her captivity was published posthumously in 1682.
    1677 - Virginia Governor William Berkley revokes the royal pardon which Colonel Herbert Jeffreys has brought for rebels of Bacon’s Rebellion. In defiance of the Crown, Berkley proceeds to execute 23 of the rebels.
    1753 - Treaty of Paris ends French and Indian War. Canada was ceded to Britain, France received various West Indies possessions and Spain won Louisiana and Cuba. Known in Europe as the Seven Years' War, this conflict ranged from North America to India, with many European nations involved. In North America, French expansion into the Ohio River Valley in the 1750s led to conflict with Great Britain. Some Indians fought alongside the French; a young George Washington fought for the British. As a result of the signing of the Treaty of Paris, France lost all claims to Canada and had to cede Louisiana to Spain. Fifteen years later, French bitterness over the loss of its North American colonies to Britain contributed to its supporting the colonists in the American Revolution.
    1841 - The Act of Union, uniting Upper and Lower Canada, came into effect.
    1846 - Their leader assassinated and their homes under attack, the Mormons of Nauvoo, Illinois, begin a long westward migration that eventually brings them to the valley of the Great Salt Lake in Utah. The members of the Church of Jesus Christ of Latter-day Saints had been persecuted for their beliefs ever since Joseph Smith founded the church in New York in 1830. Smith's claim to be a modern-day prophet of God and his acceptance of polygamy proved controversial wherever the Mormons attempted to settle. In 1839, Smith hoped his new spiritual colony of Nauvoo in Missouri would provide a permanent safe haven for the Saints, but anti-Mormon prejudice there proved virulent. Angry mobs murdered Smith and his brother in June, 1844 and began burning homes and threatening the citizens of Nauvoo. Convinced that the Mormons would never find peace in the United States, Smith's successor, Brigham Young, made a bold decision: the Mormons would move to the still wild territories of the Mexican-controlled Southwest. Young had little knowledge of the geography and environment of the West and no particular destination in mind, but trusting in God, he began to prepare the people of Nauvoo for a mass exodus. On this day in 1846, Young abandoned Nauvoo and began leading 1,600 Mormons west across the frozen Mississippi in subzero temperatures to a temporary refuge at Sugar Grove, Iowa. Young planned to make the westward trek in stages, and he determined the first major stopping point would be along the Missouri River opposite Council Bluffs. He sent out a reconnaissance team to plan the route across Iowa, dig wells at camping spots, and in some cases, plant corn to provide food for the hungry emigrants. The mass of Mormons made the journey to the Missouri River, and by the fall of 1846, the Winter Quarters were home to 12,000 Mormons. After a hard journey across the western landscape, Young and his followers emerged out onto a broad valley where a giant lake shimmered in the distance. With his first glimpse of this Valley of the Great Salt Lake, Young reportedly said, "This is the place." That year, some 1,600 Mormons arrived to begin building a new civilization in the valley. The next year, 2,500 more made the passage. By the time Young died in 1877, more than 100,000 people were living in the surrounding Great Basin, the majority of them Mormons. Young, however, had not escaped the troubles that plagued the Church in the East. By early 1848, the Mormons' haven became a U.S. territory after the American victory in the Mexican War. The Mormons had finally found a permanent home along the Great Salt Lake, but its isolation and freedom from persecution was short-lived.
    1855 - US citizenship laws were amended to include all children born abroad of US parents.
1855 - The Women's Hospital of New York City is founded. Although it provides much needed care for poor women, the hospital was also the arena for J. Marion Sims. Much of his work was done on Black slaves where he saved countless lives and developed new procedures in gynecology. He founded the hospital for Black women to receive free care.
http://www.healthcarehof.org/honorees98/sims.html
http://www.english.uiuc.edu/maps/poets/m_r/moss/sims.htm
    1861 - Jefferson Davis receives word that he has been selected president of the new Confederate States of America. Davis was at his plantation, Brierfield, winter pruning rose bushes with his wife, Varina, when a messenger arrived from nearby Vicksburg. It was not a job he wanted, but he accepted it out of a sense of duty to his new country. Varina later wrote that she saw her husband's face grow pale and she recalled, "Reading that telegram he looked so grieved that I feared some evil had befallen our family. After a few minutes he told me like a man might speak of a sentence of death." Davis said of the job: "I have no confidence in my ability to meet its requirement. I think I could perform the function of a general." He could see the difficulties involved in launching the new nation. "Upon my weary heart was showered smiles, plaudits, and flowers, but beyond them I saw troubles innumerable. We are without machinery, without means, and threatened by powerful opposition but I do not despond and will not shrink from the task before me." Davis was prescient in his concerns. He drew sharp criticism during the war: Alexander Stephens, the vice president, said Davis was "weak and vacillating, timid, petulant, peevish, obstinate," and Stephens declared that he held "no more feeling of resentment toward him" than he did toward his "poor old blind and deaf dog." His appointment of his friends as generals was one of his main undoings, plus his inability to keep to a course. It is said, he changed his mind about military strategy often, actually following the suggestions of the last military person with whom he spoke. There were legendary conflicts between him and Gen. Joe Johnston over tactics.  He had been elected to a six year term, never finishing it, and many believe he would not have been re-elected.
    1863 - Two of the world's most famous midgets, General Tom Thumb, who stood three feet, four inches high, and his bride, Lavinia Warren, who was two feet, eight inches tall, were married in New York City, in front of 2,000 of their closest friends.
    1863 - Alanson Crane patented the fire extinguisher.
http://inventors.about.com/library/inventors/blfiresprinkler.htm
    1868 - Birthday of William Allen White (d. 1944), at Emporia, KS.   American newspaperman, owner and editor of the Emporia Gazette. Coined the phrase “tinhorn politician” and in one obituary, wrote of the deceased that he had “The talent of a meat-packer, the morals of a money changer and the manners of an undertaker.”
    1868 - The temperature of 32 degrees below zero recorded at Muscatine, Iowa on the Mississippi River was the lowest for the period 1839 to 1965.
    1870 - The first YWCA in the US was formed in NYC.
    1893 - Birthday of “The Schnozz,” Jimmy Durante (d. 1980), on the Lower East Side, New York City. His first break into show biz came when he was 17 when he got a regular job playing ragtime at a saloon at Coney Island. Later his friend, Eddie Cantor, urged him to try comedy. In the 1920's, he had a very popular nightclub in New York called “Durant.” The painter had left “e” off and wanted a $100 bucks to re-do the sign and lights. Durante developed a unique comedic style as a short-tempered but lovable personage. His shtick included slamming down his hat and flapping his arms. His clothing, enormous nose, craggy face, gravely singing voice and mispronunciations were all part of the persona. Durante, whose career spanned six decades, appeared on TV, stage and screen. His television signoff, “Good night, Mrs. Calabash, wherever you” are became a trademark.
    1893 - Birthday of William Tatem “Bill” Tilden, Jr., (d. 1953), at Philadelphia.  Generally considered one of the greatest players of all time, Tilden won more tournaments than the record books can count. A nearly flawless player, he was also an egotistical showman on the court with an interest in show business. He turned pro in 1930 and continued to win regularly.
    1894 – Pitcher Herb Pennock was born in Kennett Square, PA.  Pennock won 241 games and posted a 5-0 record in five World Series for the New York Yankees over a 22-year Major League career. He was elected to the Hall of Fame shortly after his death in 1948.
    1897 – The familiar slogan “All the News That’s Fit to Print” appeared on page one of The New York Times. It had first appeared on the editorial page on Oct 25, 1896. Although in 1896, a $100 prize was offered for a slogan, owner Adolph S. Ochs concluded that his own slogan was better.
    1899 – The record low temperature for the state of Ohio was set at Milligan when the mercury dipped to 39 degrees below zero. The record low temperature for Virginia was also set at Monterey with 29 degrees below zero.
    1902 – Birthday of Walter Brattain (d. 1987), Xiamen, China.  Together with William Shockley and John Bardeen, he invented the transistor. The three shared the Nobel Prize for physics in 1956 for the transistor and for their work on semiconductors. The transistor replaced the bulky vacuum tubes previously used in electronics and paved the way for all later microelectronics.
    1902 – Drummer William Henry “Chick” Webb (d. 1934) birthday, Baltimore.
http://www.pbs.org/jazz/biography/artist_id_webb_chick.htm
http://www.drummerworld.com/drummers/Chick%20Webb.html
http://art.staviator.com/C/Chick_Webb.html
http://www.cd-music.org/music/22384Chick-Webb.html
    1906 – Lon Chaney, Jr. (d. 1973) was born Creighton Tull Chaney in Oklahoma City.  Chaney was well-known for playing The Wolf Man, The Mummy, Frankenstein’s Monster and Count Dracula in numerous Universal Studios horror films. 
    1907 - Birthday of alto sax player Walter” Foots” Thomas (d. 1981), Muskogee, OK. He also was an arranger in Cab Calloway’s orchestra. He moved to New York City in 1927, and played for a time with Jelly Roll Morton. He then joined The Missourians in 1929, just before Calloway took it over. In 1943, he left to work with Don Redman.  http://www.okjazz.org/index.cfm?id=99981.
http://www.redhotjazz.com/levee.html
http://www.lindycafe.com/_music/musicians/ccalloway.html
    1908 - Birthday of Jean Coulthard (d. 2000), Vancouver, BC.  She was the first composer from the Canadian west coast to gain wide recognition. Her orchestral compositions "Canadian Fantasy," "Excursion," "Ballade (A Winter's Tale)" and "Song to the Sea" established her reputation in Canada in the early 1940's. In 1953, the CBC commissioned her to write” A Prayer for Elizabeth" to mark the Queen's coronation.
http://music.acu.edu/www/iawm/articles/winter98/colton.html
http://www.yorku.ca/caml/coulthard.htm
    1914 - Birthday of Larry Adler (d. 2001), harmonica virtuoso, Baltimore.
    1916 - Birthday of accordion player Aldus Roger (d. 1999), Carencro, LA.
http://www.cajunfrenchmusic.org/biographies/roger-a.htm
http://www.cajunculture.com/People/rogeraldus.htm
http://www.lsue.edu/acadgate/music/alleman.htm
    1920 - Representatives for Major League Baseball outlawed pitches that involve tampering with the ball, including using the spitter or sandpaper or emery paper. It may be a baseball law but, it is often broken like others. Many umpires have the nail files to prove it.  Separately, Lee Magee admitted to NL President John Heydler and Cubs President William Veeck that he tried to throw a game with the Boston Braves when he was with the Cincinnati Reds in 1918, but that the Reds won the game in the 13th inning. Heydler later testified on June 8 that Magee told him he became suspicious that Hal Chase had double-crossed him and so he stopped payment on the check…and this was well before the 1919 World Series that the Black Sox threw to the same Reds!
    1921 - Birthday of pianist Big Joe Duskin (d. 2007), Birmingham, AL
http://cincinnati.citysearch.com/feature/20472
http://www.arhoolie.com/titles/422.shtml
http://artists.spun.com/big_joe_duskin
    1923 - For the first time, ink paste was manufactured by the Standard Ink Company. It was available in one color: black.
    1925 - In Michigan City, Indiana, the first waterless gas storage tank was put into service.
    1925 - At an American League meeting, a plan was adopted to alternate the site of future World Series openers by league rather than deciding it by a coin toss:  Games One, Two, Six, and Seven in one park and Three, Four, Five in the other, unless a ban on Sunday baseball interfered in one city. The clubs finishing fourth in the AL will share in the World Series pool. World Series umpires received a raise to $2,500, while umps in city series will earn $700.
    1927 - Birthday of opera singer Mary Violet Leontyne Price, Laurel, MS.  She rose to international acclaim in the 1950s and 1960s, and was one of the first African-Americans to become a leading artist at the Metropolitan opera.  One critic characterized Price's voice as "vibrant", "soaring" and "a Price beyond pearls", as well as "genuinely buttery, carefully produced but firmly under control", with phrases that "took on a seductive sinuousness.”  Time magazine called her voice "Rich, supple and shining, it was in its prime capable of effortlessly soaring from a smoky mezzo to the pure soprano gold of a perfectly spun high C."
http://memory.loc.gov/ammem/today/feb10.html
    1927 - Gisele Mackenzie (d. 2003), Canadian singer, star of “Your Hit Parade” TV show during the 1950s, was born in Winnipeg, Manitoba. Her mother was a concert singer and pianist.
    1930 - Actor Robert Wagner (It Takes a Thief”, “Hart to Hart”) was born in Detroit.
    1932 - Birthday of accordion/zydeco player Rockin' Dopsie, Sr., (d. 1993) was born Alton Rubin, Carencro, LA.
http://www.rockindopsie.com/
http://www.neworleansproducts.com/rockindopsie/dopsieband.htm
http://www.epluri.com/NOTfolder/Acts/Rockin'%20Dopsie/rockindopise.html
His son, Rockin' Dopsie, Jr.
http://www.neworleansproducts.com/music/zydecogumbo/index.html
    1933 – Oregon state record low temperature of -54ºF (-48ºC), Seneca, OR.
    1933 - The Postal Telegraph Company of New York City introduced the singing telegram.
    1933 - In round 13 at a boxing match held at Madison Square Garden in New York, Primo Carnera knocked out Ernie Schaaf. While the crowd and the press at the match shouted, "Fake!" at the knockout, Schaaf later died as a result of that punch. It was no fake.
    1934 - The United States Postal Service issued the first stamps without perforations or glue in New York City. One had to cut apart the stamps, then apply glue to the back to get them to stick to an envelope. After numerous complaints, the Postal Service changed this idea.
    1935 - The Pennsylvania Railroad started passenger service with its new "streamlined" electric locomotive. The engine was 79 1/2 feet long and weighed 230 tons.
    1939 - Birthday of singer Roberta Flack, Asheville, North Carolina. She had a half-dozen ballad hits in the 1970's, including three number-ones:  "The First Time Ever I Saw Your Face," "Killing Me Softly With His Song" and "Feel Like Makin' Love." Flack returned to the top-10 in 1991 with "Set the Night to Music," a duet with Maxi Priest.
    1942 - A Japanese submarine launches a brutal attack on Midway, a coral atoll used as a U.S. Navy base. It was the fourth bombing of the atoll by Japanese ships since December 7. The capture of Midway was an important part of the broader Japanese strategy of trying to create a defensive line that would stretch from the western Aleutian Islands in the north to the Midway, Wake, Marshall, and Gilbert Islands in the south, then west to the Dutch West Indies. Occupying Midway would also mean depriving the United States of a submarine base and would provide the perfect launching pad for an all-out assault on Hawaii. Adm. Isoroku Yamamoto, mastermind of the Pearl Harbor attack and commander in chief of the Japanese combined fleet, knew that only the utter destruction of U.S. naval capacity would ensure Japanese free reign in the Pacific. Japanese bombing of the atoll by ship and submarine failed to break through the extraordinary defense put up by Adm. Chester Nimitz, commander of the U.S. Navy in the Pacific, who used every resource available to protect Midway and, by extension, Hawaii. Yamamoto persevered with an elaborate warship operation, called Mi, launched in June, but the Battle of Midway was a disaster for Japan, and was the turning point for ultimate American victory in the Pacific. The television series “Victory at Sea” has an excellent episode regarding this early part of the war, especially the Japanese underestimation of the American fighting stamina.
    1942 - Second Lieutenant Alexander Ramsey “Sandy” Ninger, Jr. was posthumously awarded World War II's first Medal of Honor for heroism at the Battle of Bataan. He had graduated from West Point in 1941 and was on his first assignment after being commissioned.
http://www.homeofheroes.com/moh/citations_1940_wwii/nininger.html
    1942 - For Decca Records in Los Angeles, California, Ted Fio Rito's orchestra recorded "Rio Rita". Bob Carroll provided the vocals for the song that became the group's theme song.
    1942 - The first gold disc ever awarded to an artist was presented to the Glenn Miller Orchestra by RCA Victor during a radio broadcast. The presentation was for Miller's recording of "Chattanooga Choo-Choo," which sold more than 1.2 million copies on the Bluebird label. The award was not solid gold - it was merely gold lacquered.
    1945 - "Rum and Coca Cola" by Andrews Sisters hits #1
http://www.mareesalbumlyrics.com/Rum_And_Coca_Cola.html
http://www.amazon.com/exec/obidos/tg/detail/-/B000002P8A/002-1958450-0644835
http://www.singers.com/jazz/vintage/andrews.html
    1945 - Top Hits
“Rum and Coca Cola” - Andrew Sisters
“Accentuate the Positive” - Johnny Mercer
“I Dream of You” - The Tommy Dorsey Orchestra (vocal: Freddy Stewart)
“I'm Losing My Mind Over You” - Al Dexter
    1949 - Lee J. Cobb, Arthur Kennedy and Mildred Dunnock starred in, "Death of a Salesman", which opened at New York City's Morocco Theatre. The play would later become a major motion picture.
    1949 - Joe Fulks of the Philadelphia Warriors set an NBA record by scoring 63 points in a game against the Indianapolis Jets. Fulks' total was the largest recorded by an NBA player before the introduction of the 24-second clock in 1954. His record stood until November 8, 1959, when Elgin Baylor of the Minneapolis Lakers scored 64 points.
    1950 – Olympic gold-medal swimmer Mark Spitz was born in Modesto, CA.  A nine-time Olympic champion and former world record-holder in seven events, he won seven gold medals at the 1972 Summer Olympics in Munich, an achievement surpassed only by Michael Phelps, who won eight golds at the 2008 Summer Olympics in Beijing. Spitz set new world records in all seven events in which he competed in 1972, an achievement that still stands. Since the year 1900, no other swimmer has gained so great a percentage of all the medals awarded for Olympic events held in a single Games. 
    1952 - DAVIS, GEORGE ANDREW, JR., Medal of Honor
Rank and organization: Major, U.S. Air Force, CO, 334th Fighter Squadron, 4th Fighter Group, 5th Air Force. Place and date: Near Sinuiju-Yalu River area, Korea, 10 February 1952. Entered service at: Lubbock, Tex. Born: 1 December 1920, Dublin, Tex. Citation: Maj. Davis distinguished himself by conspicuous gallantry and intrepidity at the risk of his life above and beyond the call of duty. While leading a flight of 4 F-86 Saberjets on a combat aerial patrol mission near the Manchurian border, Maj. Davis' element leader ran out of oxygen and was forced to retire from the flight with his wingman accompanying him. Maj. Davis and the remaining F-86's continued the mission and sighted a formation of approximately 12 enemy MIG-15 aircraft speeding southward toward an area where friendly fighter-bombers were conducting low level operations against the Communist lines of communications. With selfless disregard for the numerical superiority of the enemy, Maj. Davis positioned his 2 aircraft, and then dove at the MIG formation. While speeding through the formation from the rear he singled out a MIG-15 and destroyed it with a concentrated burst of fire. Although he was now under continuous fire from the enemy fighters to his rear, Maj. Davis sustained his attack. He fired at another MIG-15 which, bursting into smoke and flames, went into a vertical dive. Rather than maintain his superior speed and evade the enemy fire being concentrated on him, he elected to reduce his speed and sought out still a third MIG-15. During this latest attack his aircraft sustained a direct hit, went out of control, and then crashed into a mountain 30 miles south of the Yalu River. Maj. Davis' bold attack completely disrupted the enemy formation, permitting the friendly fighter-bombers to successfully complete their interdiction mission. Maj. Davis, by his indomitable fighting spirit, heroic aggressiveness, and superb courage in engaging the enemy against formidable odds exemplified valor at its highest.
    1953 - Top Hits
“Don't Let the Stars Get in Your Eyes” - Perry Como
“Why Don't You Believe Me” - Joni James
“Keep It a Secret” - Jo Stafford
“I Let the Stars Get in My Eyes” - Goldie Hill
    1954 - “The Glenn Miller Story”, starring James Stewart and June Allyson, has its American premiere in New York City, some ten years after his disappearance over the English Channel during World War II.  The movie was massively successful at the box office. In 1954, the film was nominated for three Academy Awards, including Best Screenplay and Best Score. The film won the Oscar for Best Sound Recording, by Leslie I. Carey.  Its soundtrack was equally successful, reaching number one on the Billboard album charts in 1954, featuring a number of the band’s most popular recordings.
    1954 - President Eisenhower warned against US involvement in Vietnam.
    1956 - Elvis Presley recorded "Heartbreak Hotel" for RCA Records in Nashville, Tennessee. The record was awarded two gold records, one for each side. The hit song gracing the other side was "I Was the One"
    1956 - Little Richard records "Long Tall Sally"
    1956 - "My Friend Flicka" TV Premiere. CBS series about a boy and his horse based on the children's book by Mary O’Hara. The series was set in the early 1960's on the Goose Bar Ranch in Montana. Johnny Washbrook starred as Ken McLaughlin, Gene Evans as Ken's father, Bob, Anita Louise as Ken's mother, Nell, Frank Ferguson as Gus, the ranch hand, and Wahanna, the beautiful Arabian horse, as Flicka.
    1957 - Rev. Martin Luther King, Jr., and other Southern black clergy founded the Atlanta-based Southern Christian Leadership Conference (SCLC) to help coordinate civil rights activities in the South. King remained the SCLC's president until his assassination in 1968. King's son, Martin Luther King III, became the SCLC's president on January 15, 1998.
    1958 - Elvis Presley attains his ninth US number one single with the double-sided hit "Don't" / "I Beg of You".
    1958 - Frank Sinatra's "Come Fly with Me" rose to the top of the US album chart, where it would stay for the next five weeks.
    1959 - Link Wray performs his controversial instrumental hit "Rumble" on American Bandstand. Because of its title, many radio stations refused to play the record, but it still managed to sell over a million copies and reach #16 on the Billboard Pop chart.
    1959 - St. Louis, Missouri was hit by an F4 tornado. Nearly 2000 buildings were damaged or destroyed and over $10 million in damage was done. 21 people lost their lives and 345 sustained injuries
    1960 - Adolph Coors III, the beer brewer and grandson of the founder, while on his way to work, he was murdered at the age of 44 in a foiled kidnapping attempt by escaped murderer Joseph Corbett in Golden, CO. In September, the remains of Coors were found by hunters in a remote area around Pikes Peak. The subject of an international manhunt, Corbett was captured in Vancouver, BC in October of that year.
    1961 - The Los Angeles Chargers in the American Football League, moved to San Diego, California. The club began play in 1960 as a charter member of the American Football League.  In 1960, QB Jack Kemp was captain of the team and he led the Chargers to a Western Division Championship with a 10–4 record. The high-scoring Chargers won divisional crowns in five of the league’s first six seasons and the AFL title in 1963 with a 51–10 victory over the Boston Patriots.  Ironically, the Chargers are one of three teams to apply for relocation to Los Angeles in 2016, including the Rams who were approved, and the Oakland Raiders who may do so if the Chargers decline to do so.  San Diego Raiders?????
http://www.sportsecyclopedia.com/nfl/sdla/lachargers.html
http://en.wikipedia.org/wiki/Jack_Kemp
    1961 - Top Hits
“Will You Love Me Tomorrow” - The Shirelles
“Calcutta” - Lawrence Welk
“Shop Around” - The Miracles
“North to Alaska” - Johnny Horton
    1961 - Henry Mancini had the #1 album in the US with the soundtrack to the film “Breakfast at Tiffany's”.
    1962 - Francis Gary Powers, the U.S. pilot of a U-2 plane shot down over the Soviet Union in 1960, was exchanged for KGB agent Rudolf Abel in Berlin.
    1964 - The press reported "millions of teenage boys are spending extra time in front of the mirror trying to make their hair look like Paul McCartney's...," after The Beatles appeared on "The Ed Sullivan Show" the night before.
    1965 - Viet Cong guerrillas blow up the U.S. barracks at Qui Nhon, 75 miles east of Pleiku on the central coast, with a 100-pound explosive charge under the building. A total of 23 U.S. personnel were killed, as well as two Viet Cong. In response to the attack, President Lyndon B. Johnson ordered a retaliatory air strike operation on North Vietnam called Flaming Dart II. This was the second in a series of retaliations launched because of communist attacks on U.S. installations in South Vietnam. Just 48 hours before, the Viet Cong struck Camp Holloway and the adjacent Pleiku airfield in the Central Highlands. This attack killed eight U.S. servicemen, wounded 109, and destroyed or damaged 20 aircraft. With his advisors advocating a strong response, President Johnson gave the order to launch Operation Flaming Dart, retaliatory air raids on a barracks and staging areas at Dong Hoi, a guerrilla training camp 40 miles north of the 17th parallel in North Vietnam. Johnson hoped that quick and effective retaliation would persuade the North Vietnamese to cease their attacks in South Vietnam. Unfortunately, Operation Flaming Dart did not have the desired effect. The attack on Qui Nhon was only the latest in a series of communist attacks on U.S. installations, and Flaming Dart II had very little effect.
    1965 - An often used quote was first spoken by Hubert H. Humphrey who said, "The impersonal hand of government can never replace the helping hand of a neighbor." Humphrey was a beloved United States Senator from Minnesota and a Vice-President during the Lyndon Johnson administration. He eventually ran for the Presidency but lost to Richard M. Nixon, primarily because Nixon promised to end the war in Viet Nam (which he eventually did) and Humphrey was Johnson's former vice-president, who at best “waffled” on the Viet Nam war. Perhaps what lost him the very close race was the Chicago Democratic National Convention. The convention, which began August 12, 1968, was the most violent in U.S. history. Antiwar protestors clashed with police and national guardsmen. Hundreds of people, including bystanders and members of the press, were beaten by police, some in full view of television cameras. Nixon beat Humphrey 31,785,480 to 31,275,166, and independent George C. Wallace, a third-party candidate, 9,906,473. The electoral vote was 302 to 191 and Wallace received 45. The republicans gained four seats in the House and five in the Senate (the Democrats still held majorities of 58-42 in the Senate and 243 in the House). The Republicans gained five governorships in the election.
    1966 - Andrew Brimmer is appointed the first Black person to serve on the Federal Reserve Board.
http://www.umass.edu/economics/Staff/brimmer.html
    1967 - Procedures for presidential succession were further clarified by the 25th Amendment, along with provisions for continuity of power in the event of a disability or illness of the president, ratified today in 1967.
    1967 - The Beatles record "A Day in the Life". The Beatles and George Martin added the orchestral crescendos to "A Day in the Life", using a 40-piece orchestra. Martin would later recall that when he told some of Britain's finest musicians that they were to play twenty-four bars of cacophonous, improvised crescendo, "they all looked at me as though I were completely mad."
    1968 - Sly and the Family Stone's "Dance to the Music" enters the pop charts
    1969 - Top Hits
“Crimson and Clover” - Tommy James & The Shondells
“Everyday People” - Sly & The Family Stone
“Touch Me” - The Doors
“Daddy Sang Bass” - Johnny Cash
    1970 - BACA, JOHN P., Medal of Honor
Rank and organization: Specialist Fourth Class, U.S. Army, Company D, 1st Battalion, 12th Cavalry, 1st Cavalry Division. Place and date: Phuoc Long Province, Republic of Vietnam, 10 February 1970. Entered service at: Fort Ord, Calif. Born: 10 January 1949, Providence, R.I. Citation: For conspicuous gallantry and intrepidity in action at the risk of his life above and beyond the call of duty. Sp4c. Baca, Company D, distinguished himself while serving on a recoilless rifle team during a night ambush mission A platoon from his company was sent to investigate the detonation of an automatic ambush device forward of his unit's main position and soon came under intense enemy fire from concealed positions along the trail. Hearing the heavy firing from the platoon position and realizing that his recoilless rifle team could assist the members of the besieged patrol, Sp4c. Baca led his team through the hail of enemy fire to a firing position within the patrol's defensive perimeter. As they prepared to engage the enemy, a fragmentation grenade was thrown into the midst of the patrol. Fully aware of the danger to his comrades, Sp4c. Baca unhesitatingly, and with complete disregard for his own safety, covered the grenade with his steel helmet and fell on it as the grenade exploded, thereby absorbing the lethal fragments and concussion with his body. His gallant action and total disregard for his personal well-being directly saved 8 men from certain serious injury or death. The extraordinary courage and selflessness displayed by Spc4. Baca, at the risk of his life, are in the highest traditions of the military service and reflect great credit on him, his unit, and the U.S. Army.
    1971 - Four journalists, including photographer Larry Burrows of Life magazine, Kent Potter of United Press International, Nenri Huett of the Associated Press, and Keisaburo Shimamoto of Newsweek, die in a South Vietnamese helicopter operating in Laos. The journalists had been covering Operation Lam Son 719, a limited attack into Laos by South Vietnamese forces, when their helicopter crashed. Vietnam was one of the most reported conflicts in the history of warfare. In 1964, when the massive American buildup began, there were roughly 40 U.S. and foreign journalists in Saigon. By August 1966, there were over 400 news media representatives in South Vietnam from 22 nations. The Vietnam War correspondents in the field shared the same dangers that confronted the front-line troops, risking their lives to witness and report the realities of the battlefield. Sixteen Americans lost their lives while covering the war. American journalists are among the 42 U.S. civilians still missing in action and unaccounted for in Southeast Asia, including NBC News correspondent Welles Hangen and Time photographer Sean Flynn, both of whom disappeared while covering the war in Cambodia.
    1971 – Former Cardinals and Giants 1B Bill White became the first African-American play-by-play broadcaster in Major League history. WPIX-TV hired White to team with Phil Rizzuto and Frank Messer on New York Yankees telecasts.
    1975 – Former Negro Leagues star Judy Johnson won election to the Baseball Hall of Fame. A third baseman in the 1920s and 30s, Johnson batted .309 over a 17-year professional career.
    1977 - Top Hits
“Torn Between Two Lovers” - Mary MacGregor
“New Kid in Town” - Eagles
“Blinded by the Light” - Manfred Mann's Earth Band
“Near You” - George Jones & Tammy Wynette
    1978 - Van Halen's debut album is released. The LP hit the top-20 and has sold over 6 million copies. It contained the singles "You Really Got Me and "Runnin' with the Devil."
    1978 - Southern California received up to 8 inches of rain, resulting in widespread floods and mudslides. The rainfall produced a wall of water, which ripped through the mountain resort community of Hidden Springs drowning at least 13 persons. The storm caused 50 million dollars in damage, making it one of the most destructive in history.
    1979 - Rod Stewart's "Do Ya Think I'm Sexy" was the #1 US single. It was a track from the album "Blondes Have More Fun", which was the #1 U.S. album this day. The album stayed at the top for three weeks. "Do Ya Think I'm Sexy" was number one for four weeks: “If you want my body and you think I'm sexy; come on sugar let me know. If you really need me just reach out and touch me; come on honey tell me so...”
http://users.cis.net/sammy/sexy.htm
    1982 - Bismarck, North Dakota experienced its 45th consecutive day of sub-zero temperature readings which tied the previous record long string of sub-zero daily lows ending on the same date in 1937
    1985 - One of the Houston Rockets' "Twin Towers", seven foot four inch tall Ralph Sampson, the Rockets star center, scored 24 points, leading the West to beat the East, 140-129, in the NBA All-Star Game held in Indianapolis, Indiana. Sampson was chosen as the game’s Most Valuable Player.
    1985 - "Tears Are Not Enough," the contribution of Canadian recording artists to African famine relief, was recorded at Manta Sound in Toronto under the name "Northern Lights." The song was written by Bryan Adams and his regular songwriting partner, Jim Vallance. Adams's performance of the song at the Live Aid concert in July 1985 was marred by satellite blackout.
    1985 - Top Hits
“I Want to Know What Love Is” - Foreigner
“Easy Lover” - Philip Bailey with Phil Collins
“Careless Whisper” - Wham! featuring George Michael
“Ain't She Somethin' Else” - Conway Twitty
    1987 - A gala benefit concert was held at Roy Thomson Hall in Toronto to honor the 100th anniversary of the Royal Conservatory of Music. Among the alumni who participated were tenor Jon Vickers, violinist Steven Staryk, soprano Lois Marshall and conductor Victor Feldbrill.
    1987 - One of the Soviet Union's top rock bands, Autograph, played in Quebec City as part of its first North American tour. The concert was organized to coincide with the Rendezvous 87 hockey series between the NHL all-stars and the Soviet Union.
    1989 - Ronald H. Brown, who was elected chairman of the Democratic Party National Committee, becoming the first African-American chairman of a major political party. Brown later served as Secretary of Commerce in the cabinet of President Bill Clinton. He was killed with 34 others on April 3, 1996 in an airplane crash near Bosnia during a ceasefire.
    1989 – “Miami Vice's” 100th episode seen on TV
http://timstvshowcase.com/miamivic.html
    1990 - Paula Abdul's "Forever Your Girl" became the first album to generate six number-one singles when "Opposites Attract" hit the top of the Billboard chart.
    1991 - Kevin Costner, Donny Osmond, Meryl Streep and Mike Tyson were among dozens of celebrities who gathered in Burbank, California to record a tribute to US troops in the Persian Gulf. The song, "Voices That Care," was composed and produced by Canadian David Foster.
    1992 - The New Kids on the Block filed suit on this date against former producer Gregory McPherson, accusing him of slander. McPherson had publicly accused the group of lip-syncing, and said that the young entertainers did on 20 percent of the singing in concerts and on their 1988 hit album, “Hangin' Tough.” McPherson claimed that New Kids manager Maurice Starr and Starr's brother were the real voices. The group's attorney denied his claim. Two months later, McPherson dropped his $21 million suit against Starr.
    1992 - In Indianapolis, former heavyweight boxing champion Mike Tyson was found guilty of rape of an 18-year-old beauty contestant, Desiree Washington. The jury found him guilty on all three counts after deliberating for 9 hours.
    1992 - Noted black author Alex Haley died at age 70 in Seattle of a heart attack. Haley would be best-remembered for his gripping account of African family history spanning two centuries, “Roots”, which was later turned into a wildly successful television miniseries. The eight-part series was aired on consecutive nights and became the most watched show in TV history. Some 130 million people-nearly half the country's population at the time--watched the last episode of the show. Haley's books led to an increased interest in the study of black history and heritage. Haley later spent two decades with the U.S. Coast Guard as a journalist, writing adventure stories to take the edge off his boredom. When he retired, he moved back to New York to pursue a writing career. He interviewed trumpeter Miles Davis and political activist Malcolm X for Playboy in the 1960s and later collaborated with the Black Muslim spokesman to write “The Autobiography of Malcolm X” (1965), an acclaimed work that fueled the black-power movement in America and was cited extensively in institutions of higher learning. Haley then started his best-known work, “Roots: The Saga of an American Family”, published in 1976. The blend of fact and fiction, drawn largely from stories recited by Haley's grandmother, chronicles seven generations of Haley's family history, from the enslavement of his ancestors to his own quest to trace his family tree. To write the mostly nonfiction work, Haley pored over records in the National Archives and went by safari to the African village of Juffure to meet with an oral historian (Haley later donated money to that village for a new mosque). There are those who claim that Haley copied the work from other writers. It was never proven and all lawsuits brought against him were not successful. In the early 1970s, he and his brothers founded the Kinte Foundation, named for Haley's ancestor Kunta Kinte, to collect and preserve African American genealogy records. Haley received special citations from the Pulitzer Prize and National Book Award committees in 1977 for “Roots”, which sold more than a million copies in one year. It was translated into 26 languages. Later in his life, Haley wrote a biography of Frank Wills, the security guard who discovered the break-in at the Watergate Hotel that brought down Richard Nixon's presidency.
    1993 - Michael Jackson, in a live TV interview with Oprah Winfrey, said he had an inherited disorder that causes skin pigmentation to fade. He denied altering most of his face, but did admit to minor cosmetic surgery. Jackson also said he finds the comfort in children and animals that he missed in a friendless, workaholic childhood. In the wake of Jackson's first solo interview in nearly a decade, sales of his "Dangerous" album, released 14 months earlier, skyrocketed.
    1993 - Mick Jagger marked the release of his "Wandering Spirit" album with an invitation-only gig at a dance club in New York. Most of the material was from his solo effort, but Jagger also performed a couple of Rolling Stones' tunes - "Live With Me" and "Rip This Joint." The concert was beamed to clubs in Atlanta, Chicago, Los Angeles and Toronto.
    1994 - A severe ice storm occurred over portions of Arkansas, Louisiana, Mississippi, and Alabama. Heavy rainfall of over 5 inches in some sections resulted in one of the worst icing in many years for this region. Ice accumulation reached 6 inches in Mississippi, resulting in damage to 3.7 million acres of commercial forestland valued at an estimated $1.3 billion. Over 80,000 utility poles were pulled down by the weight of the ice. Some residents of Mississippi were without power for up to a month. Damage and cleanup costs exceeded $50 million in Arkansas.
    1996 - Canadian country singer Shania Twain drew an estimated crowd of 10,000 to 20,000 fans for an autograph session at the Mall of America in Minneapolis.
    1996 - An IBM computer called Deep Blue made chess history by comfortably beating world champion Garry Kasparov, a machine's first victory under classic tournament rules.
    1997 - Heavyweight Riddick Bowe announced that he had retired from boxing in order to join the US Marines. He had enlisted on January 27 and reported to Parris Island on this date. On February 21, Bowe announced that he had changed his mind and that the Marines had agreed to release him. “He could not,” said the Corps,” handle the regulated lifestyle.” Bowe, 29, married and the father of five, had won the heavyweight championship in 1992 from Evander Holyfield only to surrender it to Holyfield in 1993. In his Marines stint, he endured 36 hours of actual training.
    1998 - AOL raised its monthly flat access rate from $19.95 to $21.95, explaining it needed to upgrade its network to handle the onslaught of people taking advantage of its flat price. The increase was set to go into effect in April, 1998. Eventually seven users could use the dial-up program. DSL and cable brought the internet faster speeds than the AOL dial-up and by the first quarter of 2003, for the first time in its history, AOL began losing more members than it was putting on.
    2008 - The Eagles won a Grammy Award for Best Country Performance by a Duo or Group with Vocal for "How Long". It was the band's fifth Grammy Award.
    2015 – A disgraced Alex Rodriguez met with owner Hank Steinbrenner, GM Brian Cashman and other members of the Yankees top brass to apologize for his past actions. Before his one-year suspension, which is now over, A-Rod was barely on speaking terms with his employer, and his representatives were routinely threatening to sue. But the meeting seems to have cleared the air: "There was an honest and frank discussion on all of the issues. As far as the Yankees are concerned, the next step is to play baseball in spring training."