Ascentium, Balboa $11.5 Million Dispute
By Christopher Menkin

Th ere were two cases with the first being Balboa Capital vs. Ascentium Capital and the other was just won by MHT Physicians against Balboa Capital. Balboa has filed an appeal, which this which this article is about.

It should be noted that, in addition to suing the doctors, Balboa sued Ascentium which referred the deals to Balboa. However, because Balboa waited more than two years after having suspicions about Ascentium, that lawsuit was dismissed

This situation actually began over six years ago and has been covered by Leasing News since then. It has boiled down to one suit remaining with the borrowers arranged by MHT with various companies, but originally all went through Ascentium Capital, Kingwood, Texas. The last remaining was Balboa Capital, Costa Mesa, California, who recently lost their suit against the physicians for non-payment in Texas and California.

It centers on the basic premise wherein a registered nurse would be sent to the patient’s house, did her routine, and reported to the physician live. Zoom and FaceTime, were new, not popular yet, but the examination and other pertinent information were loaded into a laptop. The idea was to save the physician time, plus hospital time, while helping those with travel problems or other illnesses. The physician could then access the information from the exam. It was a great experiment, at best. It fell apart because MHT could not find enough registered nurses to meet their sales of signing up physicians. There was a nursing shortage then, as it exists now. But the sales presentation was so good to the physicians and their hospitals that they became very much in favor, and began signing up left and right, agreeing to loans to get their program going.

The bottom line: MHT had a field day signing up physicians, getting business loans for the program, but not registered nurses.

It eventually hit the wall with Ascentium spinning the business off to banks and others, including their dear friends at Balboa Capital. What is left now is $11.5 million in physician debt, owed by perhaps as many as 64 doctors, perhaps more who have retired or moved on.

Dana L. Campbell, FBFK Law Firm, who represented the physicians, won the decision from the court, against which Balboa Capital has filed an appeal. He believes the appeal will be denied in perhaps six months, maybe nine months at most.

Ironically Dana Campbell’s law office is in Plano, Texas, the home city of Lease Police, founded by the late Bernie Boettigheimer. Certainly, if he were alive, Bernie would be all over this case.

Leasing News asked our former legal editor Tom McCurnin for his thoughts regarding this matter, as he wrote a series of articles on MHT prior to retiring and becoming a US Forest Service Ranger. Here is his response:

"It must be emphasized that the court opinion states that no equipment was ever delivered, no licenses delivered, nor any nurses hired, and Balboa suspected this prior to doing these deals. When Balboa did these deals they botched the documentation by not including Schedule "A," bungled the delivery and acceptance process, stupidly co-branded the documentation with a known fraudster, and then inexplicably failed to sue Ascentium for fraud until after the statute of limitations had expired.

“I took two Royal Links cases and one NorVergence case to trial around 2002 and quickly learned that when a company purports to finance an empty bag of false promises, coupled with the vendor acting as an agent for the finance company in any respect with shoddy documentation, courts will find a way to bail out the borrower. These deals should have never been booked by Balboa, and certainly, Balboa should have never tried to litigate them against the doctors, especially based on the botched Delivery& Acceptance forms, the mysterious missing schedule, and the co-branding. 

“Balboa should have just taken its medicine and promptly sued Ascentium, instead of waiting over two years to do so. It’s hard for me to believe that in 2023 a company fails to observe commercially reasonable standards for underwriting set forth in the Court's opinion, that have existed in every leasing company I have seen since the 1980s. 

“When I worked for Rockford and American Express we had a whole 10 person department which did nothing but religiously double check documentation, purchase orders, drivers licenses, invoices, and the delivery and acceptance recording before funding with a long detailed check list. 

“I think we called the department the underwriting or pre-funding department, although some of the salesmen called it the sales prevention department. Nevertheless, it performed a valuable function to insure that the documentation was perfect before funding, which was essential for securitization.

“It is obvious that Balboa has no institutional memory of NorVergence and Royal Links, and thus was doomed to repeat those same mistakes."

"Those who cannot remember the past are condemned to repeat it.” 
George Santayana, 1905, Harvard Professor and Philosopher

[headlines]
--------------------------------------------------------------

New Hires/Promotions in the Leasing Business
and Related Industries

Michael Buffington was hired as Regional Director of Sales, Atlantic Union Bank, Kansas City, Missouri. Previously, he was at NBH Bank, starting June, 2017, Director, Capital Equipment Finance, promoted January, 2021, Managing Director, Capital Equipment Finance at NBH Bank; Vice President, Equipment Finance, American National Bank (August, 2012 - May, 2012); Equipment Finance, Structure/Underwriting, GE Capital (July, 2005 - June, 2012).
https://www.linkedin.com/in/michael-buffington-91224a54/

Danny Frankel was hired as Managing Director, Capital Markets, Atlantic Union Bank, Alpharetta, Georgia. He is located in Atlanta, Georgia. Previously, he was at Bobcat Company, starting as Principal, DMF Capital Consulting, appointed Vice President/Senior Director Capital and Emerging Markets (December, 2010 - April, 2023).  He joined Omni National Bank in 2002, Vice President, promoted Senior Vice President, 2002); Vice President, American Equipment Leasing (2000 - 2002).
https://www.linkedin.com/in/danny-frankel-b159392/

Tyler Johnson was hired as Sales Representative, Reliant Capital, Greater Los Angeles, California.  He is located in Fort Collins, Colorado. Previously, he was Service Representative, Tandem Finance (August, 2021 - March, 2023).
https://www.linkedin.com/in/tyler-johnson-396285206/

Jonathan Michaels was hired as Vice President, Houlihan Lokey, Century City, Los Angeles, California.  He is located in Minneapolis, Minnesota. He joined Carter, Morse & Goodrich February, 2021, as Senior Associate, M&A, promoted August, 2021, Vice President, M&A.
Prior, he was at Great Rock Capital Partners, LLC, starting August, 2017, Associate, Private Credit, promoted, Senior Associate, Private Credit (August, 2019 - February, 2021).  GE Financial Management Program (FMP), GE Aviation (July, 2015 - August, 2017).
https://www.linkedin.com/in/jonathan-michaels-2347307a/

Ian Nalitt was hired as Managing Director of Originations, Encina Private Credit (EPC), Norwalk, Connecticut. He is located in Roslyn, New York. Previously, he was Managing Director, Loan Syndications, Silicon Valley Bank (May, 2018 - April, 2023). He joined CIT Capital Markets July, 2010, Director, promoted Director BDC and other junior capital providers, March, 2014); Director, Credit Suisse (2000 - 2009).
https://www.linkedin.com/in/iannalitt/

Sam Tork was made a Partner in Quasar Capital, Dallas-Fort Worth Metroplex. He is located in Grapevine, Texas. Previously, he was Managing Director, Originations Garrington Capital (November, 2020 - April, 2023); Senior Vice President, Allied Affiliated Funding, a division of Axiom Bank, N.A. (May, 2018 - November, 2020); Senior Vice President, Far West Capital (August, 2013 - April, 2018). Full Bio:
https://www.linkedin.com/in/samtork/details/experience/
https://www.linkedin.com/in/samtork/

Brian White was hired as Senior Vice President, Loan Syndications/Capital Markets, Encina Capital Partners, Norwalk, Connecticut.  He is located in Charleston, North Carolina. He joined the Macquarie Group, November, 2005, Associate, Trading Operations (November, 2009), promoted November, 2012, AVP, Structured Commodity Finance, promoted August, 2017, Credit Sales and Training.
https://www.linkedin.com/in/brian-white-22aa68

Leasing and Finance Industry Help Wanted
Highly Trained Operation Staff/Work from Home
Excellent Compensation/Marketing Support

LinkedIn Poll Results on Cold Calling
Versus Software Use in Creating Sales

Do you believe cold calling is still an effective way to generate B2B leads in the era of SaaS sales?

Absolutely
70%

Not anymore
15%

I don't know
15%

[headlines]
--------------------------------------------------------------

New York Fed Finds Reservation Wage Rises
to $75,811 a Year

• Satisfaction with wage compensation, non-wage benefits, and promotion opportunities at current jobs all declined.

• The average reservation wage—the lowest wage respondents would be willing to accept for a new job—rose to a new series high of $75,811.

• The increase was driven by respondents above age 45 and those with at least a college degree.

• Conditional on expecting an offer, the average expected annual salary of job offers in the next four months declined to $58,710 from a series high of $61,187 in November 2022.

• For those who are currently employed, the expected likelihood of moving to a new employer and moving to unemployment in the next four months increased to 12.5 percent and 2.5 percent, respectively. The increase in the expected move to unemployment was driven by men and respondents without a college degree.

Source: Federal Reserve Bank of New York

[headlines]
--------------------------------------------------------------

Ranked: Top 10 Most Valuable
Airline Brands in 2022

Source:
https://www.visualcapitalist.com/cp/ranked-top-10-most-valuable-airline-brands

Inflation Several Countries

 

Alberto Calva | acalva@acusconsulting.com
acalva@acus.ca | Cell & WhatsApp +1-416-824-1924

[headlines]
--------------------------------------------------------------

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

Equipment Leasing & Finance Foundation Reports
Confidence Continues Downward: March 50.3 - April 47.0
Chart with Industry Leader Comments

Jonathan Albin, Chief Operating Officer, Nexseer Capital, said, “I believe current market conditions present opportunities for our industry. Businesses have to react to the risk of tightening credit markets. As a result, they will be more open to exploring alternatives and supplements to their senior lending facilities to finance capex and source liquidity, and that will lead to opportunities for lessors.”

David Normandin, President and Chief Executive Officer, Wintrust Specialty Finance, remarked, "“I think the general economy will have a downturn this year which is why we are focused on credit quality and portfolio performance. In this market change, opportunity exists and I am optimistic that Wintrust Specialty Finance is well positioned to step up to those opportunities.”

Adam Warner, President, Key Equipment Finance, commented, 
“KeyBank clients continue to have the confidence in Key to meet their needs from a cash management and lending perspective. While the economy has slowed, demand remains for financing important infrastructure and clean energy initiatives. We remain encouraged that as we move along 2023, Key Equipment Finance will continue to support capital equipment acquisitions, technology efficiency investments and, ultimately, a rebound in most of our sectors.”

Full Press Release:
https://www.elfaonline.org/news/industry-news/read/2023/04/20/equipment-finance-industry-confidence-lower-in-april

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

 

[headlines]
--------------------------------------------------------------

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

Q2 Update to the 2023 Economic Outlook Forecasts 1.0% Expansion
in Equipment and Software Investment
0.7% GDP Growth as Recession Looms

Washington, DC,– Equipment and software investment growth cooled in the early months of 2023, resulting in the Equipment Leasing & Finance Foundation lowering its annual forecast for investment growth to 1.0%, according to the Q2 update to the 2023 Equipment Leasing & Finance U.S. Economic Outlook. The report released today also predicts sluggish economic growth in Q1 as the economy edges closer toward recession, which the Foundation continues to expect will begin during the second half of the year. Overall, annualized economic growth is forecast to be 0.7% in 2023, largely driven by a solid jump-off point at the end of last year.

The Foundation's report is focused on the $1.16 trillion equipment leasing and finance industry and highlights key trends in equipment investment, placing them in the context of the broader U.S. economic climate.

Nancy Pistorio, Foundation Chair and President of Madison Capital LLC, said, “Despite the U.S. economy ending 2022 with healthy growth and maintaining some momentum into early 2023, equipment and software investment softened to 2% annualized growth in Q4 and remains under pressure. The economy is still above water, but most indicators point to slowing growth, and many economists continue to expect a recession to begin later this year. Should that come to pass, I also expect the equipment finance industry will demonstrate its characteristic resilience, innovation, and resolve, and will continue to serve the financial needs of our customers regardless of the economic climate.”   

Highlights from the Q2 update to the 2023 Outlook include:

• Equipment and software investment growth was sluggish in Q1 as the combined effects of a slowing industrial sector and higher interest rates weighed on equipment demand. While certain end-user markets may fare better in the months ahead, a broad economic downturn will drag on investment across the board, resulting in an annualized growth forecast for equipment and software investment of just 1.0%.

• The U.S. economy is expected to continue to soften despite a healthy labor market, lower energy prices, and supply chain improvements. Stubborn inflation combined with rising consumer financial stress and a looming debt ceiling showdown will add to financial sector woes. Although a “soft landing” scenario is still achievable, a mild recession is likely, beginning during the second half of 2023.

• The manufacturing sector has worked through much of its pandemic-era supply chain backlogs, but measures of supply chain health indicate the industrial sector is in the midst of a protracted slowdown. On the plus side, the sector’s jumping-off point was strong, so while demand is likely to continue to soften this year, the downturn may not be as severe as in past cycles.

• Main Street businesses suffered the worst effects of pandemic-era labor shortages, and labor-saving investments in equipment and technology continue to be a lifeline. However, loan availability is expected to tighten following recent bank failures, making financing investments more difficult and adding to small business financial stress.

• The Federal Reserve continues to battle inflation, even raising interest rates immediately following the second and third largest bank failures in U.S. history. Interest rates are expected to rise higher than most market-implied forecasts expect this year as the Fed targets an inflation rate of 2%.

The Foundation-Keybridge U.S. Equipment & Software Investment Momentum Monitor, which is released in conjunction with the Economic Outlook, tracks 12 equipment and software investment verticals. In addition, the Momentum Monitor Sector Matrix provides a customized data visualization of current values of each of the 12 verticals based on recent momentum and historical strength. This month two are expanding, two are recovering, and eight verticals are weakening. Over the next three to six months, year over year:

• Agriculture machinery investment growth is likely to weaken further.
• Construction machinery investment growth may have peaked and could start to slow.
• Materials handling equipment investment growth may pick up slightly.
• All other industrial equipment investment growth may have bottomed out and could start to pick up.
• Medical equipment investment growth is unlikely to pick up.
• Mining and oilfield machinery investment growth may have peaked and could decelerate.
• Aircraft investment growth may have peaked and could decelerate.
• Ships and boats investment growth could decelerate sharply.
• Railroad equipment investment growth may start to cool but will likely remain in positive territory.
• Trucks investment growth is likely to sidewind.
• Computers investment growth will likely remain weak.
• Software investment growth may reach a peak.

The Foundation produces the Equipment Leasing & Finance U.S. Economic Outlook report in partnership with economic and public policy consulting firm Keybridge Research. The annual economic forecast provides the U.S. macroeconomic outlook, credit market conditions, and key economic indicators. The Q2 report is the first update to the 2023 Economic Outlook, and will be followed by two more quarterly updates before the publication of the 2024 Economic Outlook in December.

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

[headlines]
--------------------------------------------------------------

Watch at Home
by Fernando Croce, Leasing News Movie Reviewer

A highly-anticipated sequel (“Avatar: The Way of Water”), a suspenseful allegory (“Knock at the Door”), a racy comedy-drama (“Magic Mike’s Last Dance”), a sensitive drama (“One Fine Morning”) and a breezy thriller (“Operation Fortune: Ruse de Guerre”) make for a most varied batch of new streaming titles. Check ‘em out!

Avatar: The Way of Water (iTunes, Vudu): Arguably the most ambitious living director, Oscar winner James Cameron (“Titanic”) returns to the screen with this highly-anticipated sequel to his immensely popular blockbuster. Following the further adventures of former Marine Jake Sully (Sam Worthington), who’s embraced his Na’vi form and started a family with Ney’tiri (Zoe Saldana) in the planet Pandora. With the threat of greedy humans again on the rise, they must seek other places to live, leading them to the underwater realm of the Metkayina clan. A visionary equally fascinated by interstellar heights and aquatic depths, Cameron expands the world he created in the original with striking creatures and a cosmic sense of wonder. In a time when few movies take genuine risks, his sprawling imagination is all the more valuable.

Knock at the Cabin (iTunes, Vudu, Peacock): Uncanny specialist M. Night Shyamalan (“Unbreakable”) is back in apocalyptic mode with this suspenseful, claustrophobic thriller. The intriguing premise unfolds at the rentedcabinof seven-year-old Wen (Kristen Kui) and her fathers Eric (Jonathan Groff) and Andrew (Ben Aldridge), with the vacation spot suddenly becoming the stage for an end-of-the-world scenario. Out of the woods steps a quartet of strangers, who capture the family and give them a harrowing choice—to avoid a plague that will wipe out humanity, one of them must be willing to die. Is it a bluff, or are these invaders truly harbingers of Armageddon? Building expertly on his themes of faith and reality, Shyamalan offers a tension-filled allegory with a particularly strong performance from Dave Bautista.

Magic Mike’s Last Dance (iTunes, Vudu): Director Steven Soderbergh and star Channing Tatum return to the gyrating stage in this entertaining third installment of the gracefully racyseries. Having lost his furniture business, Miami dancer Mike Lane (Tatum) cools his heels as a bartender until he crosses paths with Max (Salma Hayek). A divorcée putting on a playin a London theater, Max lures the protagonist out of retirement and convinces him to help her audition new players and choreograph dance numbers. As the production goes on, Mike must deal with Max’s jealous ex-husband, precocious daughter, and their own growing feelings for each other. Crafted with Soderbergh’s customary agility and deadpan humor, and anchored by the sultry chemistry between Tatum and Hayek, this is a pleasingly risqué romantic comedy.

One Fine Morning (Vudu): French director Mia Hansen-Love (“Bergman Island”) continues her delicate explorations of thornymatters in this emotional drama, which features a lovely performance from Léa Seydoux. Seydoux plays Sandra, a widowed young translator in Paris. When her father, Georg (Pascal Greggory), develops a neurodegenerative condition that requires continuous help, she and her mom, Francoise (Nicole Garcia), must find a care home for him. Her life is further complicated by a run-in with Clement (Melvil Poupard), an old friend who’s now married but who sparks in Sandra conflicting feelings. Dealing with situations not unlike those she experienced in her own life, Hansen-Love brings a light and visually graceful touch to the film, providinga heartening sense of connection to the heroine’s familial and romantic sides. With subtitles.

Operation Fortune: Ruse de Guerre (iTunes, Vudu): Reaching back to the breeziness of “The Man from U.N.C.L.E.,” Guy Ritchie directs his most enjoyable moviein years with this airy, humorous espionage thriller. The globe-trotting plot revolves around a mysterious device known as “The Handle,” which has been stolen from the British government and is about to be sold on the black market. To take it back from arms-dealing playboy Simmonds (Hugh Grant), a team of top secret agents is put together. Leading the pack is super-spy Orson Fortune (Jason Statham), though wild-card duties (as well asmuch of the humor) fall to American hacker Sarah (Aubrey Plaza). Orchestrating action with tongue-in-cheek panache, Ritchie’s film abounds in stunts and rollicking turns (including a hilarious Josh Harnett as a dim Hollywood star).

German Shepherd
Houston, Texas  Adopt-a-Dog

Hap
Male
4 monhts
22 lbs.
Adoption Fee: $195

Hap would be the best family puppy ever! super bubbly with so much potential to make memories with by someone's side. He is spunky and loves toys. When you toss a ball, he hops along to catch it as soon as possible. He is super treat motivated, so you could possibly teach him some tricks or demands. If you have a kiddie pool, that would be super fun for him! Come visit this one of a kind puppy today at the Houston SPCA!

Call  (713) 869-SPCA (7722) to inquire.

Houston SPCA
William and Evelyn Griffin
Campus for All Animals
7007 Old Katy Road
Houston, TX 77024
https://houstonspca.org/

Adoption Center
Open daily from 11 a.m. to 6 p.m.

[headlines]
--------------------------------------------------------------

In-Person & Virtual
ELFA Legal Forum May 7 - May 9, 2023
Marriot Sanibel Harbour & Spa, Fort Myers, Florida

Providing Legal Direction and Valuable Counsel for over 50 Years

The PREMIER EVENT for attorneys serving the equipment leasing and finance industry. The best place to OBTAIN UPDATES ON LEGAL ISSUES that impact your company UNMATCHED NETWORKING OPPORTUNITIES with your peers in the industry.

The Equipment Leasing and Finance Association is offering the Legal Forum as a hybrid event! You have the flexibility to choose the option that works best for you:

In-Person: Attend the Legal Forum in-person to connect with colleagues in Fort Myers. Onsite attendees will enjoy unparalleled opportunities to network, do business and uncover ideas to help your business grow. All in person attendees will also have access to attend virtually to education sessions as well.

Virtual: Attend the Legal Forum remotely to hear from industry experts from the comfort of your home or office. Watch livestreams of high-quality educational sessions and top-notch keynote speakers when and where it’s most convenient for you—for a discounted price.

Conference Qualifies CLE Credits 

Full Information:
https://cvdata.elfaonline.org/cvweb/cgi-bin/eventsdll.dll/EventInfo?sessionaltcd=LF23

 

News Briefs---

Seagate to pay $300 million penalty for
    shipping Huawei 7 million hard drives
https://www.barrons.com/news/us-imposes-300mn-penalty-on-seagate-over-huawei-shipments-5acc0ef5

IKEA plans new US stores in $2.2 billion
    push to challenge Walmart and Wayfair
https://money.usnews.com/investing/news/articles/2023-04-20/ikea-plans-new-u-s-stores-in-2-2-billion-push-to-challenge-walmart-and-wayfair

This is the F-150 Lightning fire that made
    Ford pause production
https://www.theverge.com/2023/4/20/23691743/ford-f-150-lightning-fire-video-watch

Thefts prompt California, 16 other states
    to urge recall of Kia, Hyundai cars
https://www.pressdemocrat.com/article/business/thefts-prompt-california-16-other-states-to-urge-recall-of-kia-hyundai-ca/

Kurtenbach to A’s owner John Fisher:
    Good riddance!
https://www.mercurynews.com/2023/04/20/kurtenbach-oakland-the-east-bay-deserve-better-than-john-fishers-bush-league-as/

Home Prices in March Posted Biggest Annual Decline in 11 Years
    Sales fell in March for the 13th time in the previous 14 months
https://www.wsj.com/articles/home-sales-fell-in-march-as-mortgage-rates-weighed-on-market-db88aac7?st=cum1bbd6fbn7dau&reflink=desktopwebshare_permalink

When Will I Retire? How About Never
    For many people, the idea of stopping work is a nonstarter—an inevitable path to boredom, ill      health and a life devoid of meaning
https://www.wsj.com/articles/when-will-i-retire-e3750715?st=laufw4oduemz5q0&reflink=desktopwebshare_permalink

McDonald’s and Franchisees Escalate Battle Over Chain Rules
    Restaurant operators push legislation to give them more say; McDonald’s says such bills are dividing the chain
https://www.wsj.com/articles/mcdonalds-and-franchisees-escalate-battle-over-chain-rules-9f7b92e4?st=jkd3fdix7xmv4vj&reflink=desktopwebshare_permalink

[headlines]
--------------------------------------------------------------

You May Have Missed---

No More Begging for Treats
    Dogs Now Have Restaurants
https://www.nytimes.com/2023/04/20/dining/dog-menus-restaurants.html

[headlines]
--------------------------------------------------------------

Sports Briefs---

Mets ace Max Scherzer suspended 10 games by MLB
https://www.espn.com/mlb/story/_/id/36249041/mets-ace-max-scherzer-suspended-10-games-mlb

NFL Draft Guide
https://nfldraft.theringer.com/mock-draft

[headlines]
--------------------------------------------------------------

California News Briefs---

The A’s might be Vegas-bound, but Oakland Mayor Sheng Thao is the one making a big gamble
https://www.sfchronicle.com/politics/joegarofoli/article/oakland-as-sheng-thao-17909193.php

[headlines]
--------------------------------------------------------------

Gimme that Wine

 

Gloria Ferrer vineyards a Sonoma County pioneer
     in using AI to monitor crops
https://www.pressdemocrat.com/article/lifestyle/gloria-ferrer-vineyards-a-sonoma-county-pioneer-in-using-ai-to-monitor-crop/

The 15 Best Wines In 2023 So Far
https://www.tastingtable.com/1255933/best-wines-2023/

Archaeologists uncover elaborate ancient
winery among Roman ruins
https://www.thedrinksbusiness.com/2023/04/archaeologists-uncover-elaborate-ancient-winery-among-roman-ruins/

Oregon State researchers make breakthrough in
   understanding the chemistry of wildfire smoke in wine
https://today.oregonstate.edu/news/oregon-state-researchers-make-breakthrough-understanding-chemistry-wildfire-smoke-wine

This Day in American History

     1649 - The Toleration Act was passed by the Maryland Assembly. It protected Roman Catholics within the American colony against Protestant harassment, which had been rising as Oliver Cromwell's power in England increased. 
    1782 - The Presidio, overlooking San Francisco, is erected by the Spanish to subdue Indians interfering with mail transmissions along El Camino Real.
    1801 - Birthday of M.T. Hunter (d. 1887), Essex County, Virginia, one of the South's most pro-slavery congressmen and leaders.
http://memory.loc.gov/ammem/today/apr21.html
    1828 - Noah Webster published the first American dictionary. It took grammarian and Editor Noah Webster nearly 20 years to complete his two-volume dictionary of more than 35,000 entries.
    1836 - Battle of San Jacinto, in which Texas won independence from Mexico. A 570-foot monument, dedicated on the 101st anniversary of the battle, marks the site on the banks of the San Jacinto River, about 20 miles from present city of Houston, TX, where General Sam Houston's Texans decisively defeated the Mexican forces led by Santa Ana in the final battle between Texas and Mexico. 
http://www.lsjunction.com/events/jacinto.htm 
http://www.sanjacinto-museum.org/ 
http://www.tsha.utexas.edu/handbook/online/articles/view/SS/qes4.html
    1838 - American naturalist, explorer, conservationist and author John Muir (d. 1914) birthday, born at Dunbar, Scotland. He immigrated to the US in 1849, where he urged establishment of national parks and profoundly influenced US forest conservation. The 550-acre Muir Woods National Monument in Marin County (Mill Valley) is named after him. In 1892, he and several other early preservationists formed the Sierra Club. Muir served as the club president for 22 years, tirelessly advocating the importance of preserving wilderness as a place where thousands of "tired, nerve-shaken, over-civilized people" could find spiritual and physical rejuvenation. It is hard to overestimate Muir's influence in fostering modern concepts of wilderness appreciation and protection. However, in practical terms, Muir and the Sierra Club lost several of their battles to protect the wilderness. From 1908 to 1913, Muir fought fervently against the proposed construction of the Hetch Hetchy dam in Yosemite National Park, which was being built to provide a reservoir of water for the city of San Francisco. Muir railed against his opponents, calling them "temple destroyers" and "devotees of raging commercialism," but to no avail--the dam was built and water covers the Hetch Hetchy Valley today. He was also considered to be a very prejudice person and a school in his name was to be changed in San Francisco, despite 
his conservation activities.
http://www.sierraclub.org/john_muir_exhibit/
http://www.visitmuirwoods.com/
http://www.jmt.org/
http://www.sfgate.com/getoutside/1996/apr/muirwoods.html
    1856 - The first railroad bridge over the Mississippi River opened with the first crossing of a locomotive. The train belonged to the Chicago, Rock Island, and Pacific Railroad Company, commonly known as the Rock Island Line. The bridge ran between Rock Island, Illinois and Davenport, Iowa.
    1865 - Abraham Lincoln's funeral train leaves Washington with hundreds of thousands of people surrounding the railroad tracks of his journey.
    1869 - President Ulysses S. Grant appointed Brigadier General Ely Samuel Park, who served as his military secretary during the Civil War, to the post of commissioner of Indian Affairs. He was the first Native American Indian ever appointed to be superintendent of Indian Affairs.
    1878 - Captain David B. Kenyon of Engine Company No. 21, New York City, installed the first firehouse pole. A hole was cut in an upper floor to accommodate a greased pole three inches wide that extended between the two stories, to enable the firemen to slide down the pole instead of using the stairs.
    1887 – Hall of Fame manager Joe McCarthy (d. 1978) was born in Philadelphia.  McCarthy will become the first manager to win pennants with both National and American league teams and will win nine league titles overall and seven World Series championships. He will be inducted into the Hall of Fame in 1977.  McCarthy’s Yankee teams of the 1930s with Gehrig, DiMaggio, Dickey, and Gomez, became the first to win four consecutive World Series (1936-39).  McCarthy's career winning percentages in both the regular season (.615) and postseason (.698, all in the World Series) are the highest in history. His 2,125 career victories rank eighth all-time and he ranks first all-time for the Yankees with 1,460 wins.  
    1895 - In New York City, Woodville Latham demonstrated the first moving picture projected on a screen.
    1897 - Birthday of A. W. Tozer (d. 1963), La Jose, PA. One of the most popular and influential pastors to come out of the Christian and Missionary Alliance Church, Tozer was also a prolific writer.  His best-known publications include "The Pursuit of God" (1948) and "The Root of Righteousness" (1955). 
http://www.intouch.org/myintouch/mighty/portraits/aw_tozer_213610.html
    1898 - Using the sinking of battleship Maine as rallying cry, the US declares war on Spain in a successful attempt to acquire colonies seeking to win independence from Spain. The US gains Puerto Rico, Guam and the Philippines with plans to annex the independent nation of Hawai'i later that year.
    1914 - US marines occupy Vera Cruz México, stay 6 months.
    1918 - German flying ace Baron Manfred von Richtofen was shot down and killed during the battle of the Somme. The 'Red Baron," so named for the color of his Fokker triplane, was credited with 80 kills in less than two years. Royal Flying Corp pilots recovered his body and the Allies buried him with full military honors.
    1916 - Birthday of record owner, but better known as DJ "Huntin' with Hunter," Hunter Hancock (d. 2004), Uvalde, Texas.  I remember listening to him when I went to University High School, West Los Angeles, California.
http://www.electricearl.com/dws/hunter.html
http://en.wikipedia.org/wiki/Hunter_Hancock
    1922 - Guitarist Mundell Lowe (d. 2017) birthday, Shady Grove, MS.
http://www.spaceagepop.com/lowe.htm
http://www.mundelllowe.com/
http://www.shs.starkville.k12.ms.us/mswm/MSWritersAndMusicians/musicians/
MundellLowe/Lowe.html
    1924 - Birthday of singer Clara Ward (d. 1973), Philadelphia, PA
http://www.aaregistry.com/african_american_history/830/One_of_gospels_best_Clara_Ward
http://multirace.org/firstday/stamp41.htm
http://musicstore.connect.com/artist/bio/100/878/2/bio-1008782.html
    1924 - Birthday of Ira Louvin (d. 1965), who formed a gospel and bluegrass duo with his brother Charlie, was born in Rainesville, Alabama. The Louvin Brothers first gained notice in the 1950s with their talking gospel songs, such as "Satan Is Real" and "Make Him a Soldier." Their secular hits included "When I Stop Dreaming" and "I Don't Believe You've Met My Baby." "Love Thy Neighbor as Thyself," a song written by the Louvin Brothers, remains popular among bluegrass groups. Ira Louvin died in a car crash in Jefferson City, Missouri on June 20th, 1965.
    1944 - Birthday of Cathie Black, Chicago.  U.S. publisher, who was president of Hearst Magazines, the world's largest publisher of monthly magazines with readership of nearly 125 million. Among the magazines under her overall direction were Cosmopolitan and Esquire.
    1945 - INOUYE, DANIEL K. Medal of Honor
Second Lieutenant Daniel K. Inouye distinguished himself by extraordinary heroism in action on 21 April 1945, in the vicinity of San Terenzo, Italy. While attacking a defended ridge guarding an important road junction, Second Lieutenant Inouye skillfully directed his platoon through a hail of automatic weapon and small arms fire, in a swift enveloping movement that resulted in the capture of an artillery and mortar post and brought his men to within 40 yards of the hostile force. Emplaced in bunkers and rock formations, the enemy halted the advance with crossfire from three machine guns. With complete disregard for his personal safety, Second Lieutenant Inouye crawled up the treacherous slope to within five yards of the nearest machine gun and hurled two grenades, destroying the emplacement. Before the enemy could retaliate, he stood up and neutralized a second machine gun nest. Although wounded by a sniper’s bullet, he continued to engage other hostile positions at close range until an exploding grenade shattered his right arm. Despite the intense pain, he refused evacuation and continued to direct his platoon until enemy resistance was broken and his men were again deployed in defensive positions. In the attack, 25 enemy soldiers were killed and eight others captured. By his gallant, aggressive tactics and by his indomitable leadership, Second Lieutenant Inouye enabled his platoon to advance through formidable resistance and was instrumental in the capture of the ridge. Second Lieutenant Inouye’s extraordinary heroism and devotion to duty are in keeping with the highest traditions of military service and reflect great credit on him, his unit, and the United States Army.  A US Senator from Hawaii from 1963 until his death in 2012, Inouye was the first Japanese American to serve in the U.S. House of Representatives and the first Japanese American to serve in the U.S. Senate.  Inouye was a posthumous recipient of the Presidential Medal of Freedom. Among other public structures, Honolulu International Airport has since been renamed Danial K. Inouye International Airport in his honor.
    1945 - MAY, MARTIN O.  Medal of Honor
Rank and organization: Private First Class, U.S. Army, 307th Infantry, 77th Infantry Division. Place and date: legusuku-Yama, Ie Shima, Ryukyu Islands, 19-21 April 1945. Entered service at: Phillipsburg, N.J. Birth: Phillipsburg, N.J. G.O. No: 9, 25 January 1946. Citation: He gallantly maintained a 3-day stand in the face of terrible odds when American troops fought for possession of the rugged slopes of legusuku-Yama on Ie Shima, Ryukyu Islands. After placing his heavy machinegun in an advantageous yet vulnerable position on a ridge to support riflemen, he became the target of fierce mortar and small arms fire from counterattacking Japanese. He repulsed this assault by sweeping the enemy with accurate bursts while explosions and ricocheting bullets threw blinding dust and dirt about him. He broke up a second counterattack by hurling grenades into the midst of the enemy forces, and then refused to withdraw, volunteering to maintain his post and cover the movement of American riflemen as they reorganized to meet any further hostile action. The major effort of the enemy did not develop until the morning of 21 April. It found Pfc. May still supporting the rifle company in the face of devastating rifle, machinegun, and mortar fire. While many of the friendly troops about him became casualties, he continued to fire his machinegun until he was severely wounded and his gun rendered useless by the burst of a mortar shell. Refusing to withdraw from the violent action, he blasted fanatical Japanese troops with hand grenades until wounded again, this time mortally. By his intrepidity and the extreme tenacity with which he held firm until death against overwhelming forces, Pfc. May killed at least 16 Japanese, was largely responsible for maintaining the American lines, and inspired his comrades to efforts which later resulted in complete victory and seizure of the mountain stronghold.
    1945 - One of the world's first great R&B labels, Modern Records, is formed by Saul and Jules Bihari in Los Angeles. It would prove to be the launching pad for everyone from John Lee Hooker to Etta James.
    1947 - Birthday of new wave performer Iggy Pop, whose real name is James Jewel Osterberg, was born in Ann Arbor, Michigan. Pop and his band the Stooges, formed in 1968, are now considered forerunners to the punk rock movement. He earned notoriety for his wild concert performances, which included flinging himself into audiences and smearing his body with anything handy, from peanut butter to blood.
    1948 - First Polaroid camera sold in US and becomes obsolete with the popularity of the digital camera at the turn of the 20th century.
    1951 - Les Paul and Mary Ford's "How High the Moon" hits #1.
    1951 - Top Hits
If - Perry Como
Mockingbird Hill - Les Paul & Mary Ford
Would I Love You - Patti Page
The Rhumba Boogie - Hank Snow
    1956 - "Heartbreak Hotel," Elvis Presley's first single for RCA Victor, went to number one in the US. It stayed in the top spot for eight weeks, becoming his first million-seller.
    1958 - The Platters' "Twilight Time" hits #1
    1959 - Top Hits
Come Softly to Me - The Fleetwoods
I Need Your Love Tonight - Elvis Presley
(Now and Then There's) A Fool Such as I - Elvis Presley
White Lightning - George Jones
    1960 - Dick Clark, described as "the single most influential person" in the pop music business, testifies before a congressional committee investigating payola. He admits he had a financial interest in 27% of the records he played on his show in a 28-month period. But unlike his rival, Alan Freed, Clark was exonerated of any wrongdoing and went on building entertainment empires among the most influential in the world.
    1961 - The Beatles debut at the Cavern Club in Liverpool, England.
    1962 - Elvis Presley's "Good Luck Charm" hits #1
    1963 - The Beatles went to the Crawdaddy Club in London to see the Rolling Stones. Impressed with the Stones, the Beatles recommended them to their former publicist Andrew Loog Oldham. Oldham became manager of the Rolling Stones.
    1966 - President Lyndon B. Johnson in 1966 presented the Medal of Honor awarded posthumously in the Vietnam War to the first African American soldier, Private First Class Milton Lee Olive, III, Company B, 503rd Infantry, 173rd Airborne Brigade, who was killed when he grabbed an enemy grenade and fell on it to save the lives of four companions.
    1966 – The Chicago Cubs make one of the best trades in franchise history, acquiring future Hall of Fame pitcher Ferguson Jenkin from the Philadelphia Phillies in a five-player deal. The Cubs surrender pitchers Bob Buhl and Larry Jackson, outfielder Adolfo Phillips, and first baseman John Herrnstein.  He went on to win 20 games six consecutive seasons, from 1967-72. He is the only pitcher in history to have struck out more than 3,000 batters (3,192) while allowing fewer than 1,000 walks (997). 
    1967 - MARTINI, GARY W.  Medal of Honor
Rank and organization: Private First Class, U.S. Marine Corps, Company F, 2d Battalion, 1st Marines, 1st Marine Division. Place and date: Binh Son, Republic of Vietnam, 21 April 1967. Entered service at: Portland, Oregon. Born: 21 September 1948, Lexington, Va. Citation: For conspicuous gallantry and intrepidity at the risk of his life above and beyond the call of duty. On 21 April 1967, during Operation UNION* elements of Company F, conducting offensive operations at Binh Son, encountered a firmly entrenched enemy force and immediately deployed to engage them. The marines in Pfc. Martini's platoon assaulted across an open rice paddy to within 20 meters of the enemy trench line where they were suddenly struck by hand grenades, intense small arms, automatic weapons, and mortar fire. The enemy onslaught killed 14 and wounded 18 marines, pinning the remainder of the platoon down behind a low paddy dike. In the face of imminent danger, Pfc. Martini immediately crawled over the dike to a forward open area within 15 meters of the enemy position where, continuously exposed to the hostile fire, he hurled hand grenades, killing several of the enemy. Crawling back through the intense fire, he rejoined his platoon which had moved to the relative safety of a trench line. From this position he observed several of his wounded comrades lying helpless in the fire-swept paddy. Although he knew that 1 man had been killed attempting to assist the wounded, Pfc. Martini raced through the open area and dragged a comrade back to a friendly position. In spite of a serious wound received during this first daring rescue, he again braved the unrelenting fury of the enemy fire to aid another companion Lying wounded only 20 meters in front of the enemy trench line. As he reached the fallen marine, he received a mortal wound, but disregarding his own condition, he began to drag the marine toward his platoon's position. Observing men from his unit attempting to leave the security of their position to aid him, concerned only for their safety, he called to them to remain under cover, and through a final supreme effort, moved his injured comrade to where he could be pulled to safety, before he fell, succumbing to his wounds. Stouthearted and indomitable, Pfc. Martini unhesitatingly yielded his life to save 2 of his comrades and insure the safety of the remainder of his platoon. His outstanding courage, valiant fighting spirit and selfless devotion to duty reflected the highest credit upon himself, the Marine Corps, and the U.S. Naval Service. He gallantly gave his life for his country.
    1967 - Top Hits
Somethin' Stupid - Nancy Sinatra & Frank Sinatra
This is My Song - Petula Clark
A Little Bit Me, A Little Bit You - The Monkees
Lonely Again - Eddy Arnold
    1967 - Severe thunderstorms spawned 48 tornadoes in the Upper Midwest. Hardest hit was northern Illinois where sixteen tornadoes touched down during the afternoon and evening hours causing fifty million dollars damage. On that Friday afternoon tornadoes struck Belvidere IL, and the Chicago suburb of Oak Lawn, killing 57 persons.
    1969 - Rock singer Janis Joplin gave one of her greatest performances at the Royal Albert Hall in London. The show was attended by a glittering array of British rock performers. A year-and-a-half later, on October 4th, 1970, Joplin was dead of a drug overdose. She had just finished recording her album "Pearl," which contained her first number-one single, Kris Kristofferson's "Me and Bobby McGhee."
    1970 - Elton John makes his stage debut as a solo act when he opens for T. Rex, Spooky Tooth, and Jackie Lomax at the Roundhouse in London.
    1971 - "Sticky Fingers," the Rolling Stones' first album for their own label, Rolling Stones Records, was released.
    1973 - Tony Orlando and Dawn's "Tie a Yellow Ribbon Round the Ole Oak Tree" hits #1
    1973 - Alice Cooper had the #1 album in the US with "Billion Dollar Babies." The LP also topped the chart in the UK.
    1975 - Top Hits
Philadelphia Freedom - The Elton John Band
(Hey Won't You Play) Another Somebody Done Somebody Wrong Song - B.J. Thomas
He Don't Love You (Like I Love You) - Tony Orlando & Dawn
Always Wanting You - Merle Haggard
    1975 - No. 1 Billboard Pop Hit: "(Hey Won't You Play) Another Somebody Done Somebody Wrong Song," B.J. Thomas. The song has the longest title of any No. 1 single.
    1976 - A Cadillac convertible, the ‘last' American-made rag top automobile, came off the assembly line at GM's production facility in Detroit, Michigan, ending a tradition starting in 1916. A few years later, Chrysler Corporation, headed by Lee Iacocca, began producing soft-top cars again. Ford then brought back the convertible Mustang and GM returned with the convertible Pontiac Sunbird and a smaller Cadillac version.  In the late 1980s, US and foreign automakers reintroduced convertibles with good success.
    1976 - Ex-Raspberries lead singer Eric Carmen enters the pop chart with his first and biggest solo smash, "All by Myself." It peaks at #2.
    1977 – “Annie,” a musical based on Harold Gray's comic strip “Little Orphan Annie,” debuted on Broadway. The play received rave reviews, and Dorothy Louden, who played the sinister orphanage matron, received a Tony for Best Actress in a Musical/Comedy for her performance.
    1977 - ABC airs Frank Sinatra's TV special Frank Sinatra and Friends, featuring guest stars Natalie Cole and John Denver.
    1979 - Amii Stewart's "Knock on Wood" hits #1
    1980 - The temperature at International Falls, MN hit 90 degrees.
    1980 - Birthday of Football Quarterback Antonio Ramiro "Tony" Romo, San Diego, California, raised in Burlington, Wisconsin. He played college football at Eastern Illinois University in Charleston, Illinois. He went undrafted during the 2003 NFL Draft; he joined the Dallas Cowboys in summer training camp, sitting third on the depth chart. After Vinny Testaverde's tenure in Dallas ended in 2005, the Cowboys signed veteran quarterback Drew Bledsoe, the eighth starting quarterback for the Cowboys since 2000. Elevated to the Cowboys' #2 quarterback in 2005. He eventually took over the starting quarterback role from Drew Bledsoe during half time against the New York Giants on October 23, 2006. Romo finished the 2009 season as the first quarterback in team history to take every snap for a full season. He also passed his own mark for single season passing yardage, with 4,483 yards, and became the first Cowboys quarterback to throw 20+ touchdowns and less than ten interceptions in a season. His eight 300 yard games was also a team record, surpassing his own record from 2007. His 1.6% interception percentage tied a team record, and his career interception percentage is now the lowest in franchise history.  Romo retired after the 2016 season when a preseason back injury caused him to lose his starting position to backup Dak Prescott. Upon retiring, he was hired by CBS Sports to become the lead color analyst for their NFL telecasts, joining Jim Nantz in the broadcast booth. The “New Yorker” has called him a "genius of football commentary." In February 2020, Romo renewed his contract with CBS through at least 2022, with the network reportedly paying him $17 million per year, which would make Romo one of the highest-paid personnel in sports broadcasting and "the highest-paid NFL analyst in television history." 
http://www.tonyromo9.com/index.php?option=com_content&view=article&id=73&Itemid=63 
http://www.myspace.com/tony_romo 
    1983 - Top Hits
Billy Jean - Michael Jackson
Come on Eileen - Dexys Midnight Runners
Mr. Roboto - Styx
Dixieland Delight - Alabama
    1984 - Michael Jackson's album "Thriller" slipped from number 1 to number 3 on the pop album charts after 37 weeks at #1, setting a record in for the longest run at the top.
    1984 - David Palmer pitched the fourth shortened, perfect game in the history of Major League baseball. Palmer was taking the Montreal Expos to a 4-0 lead over the St. Louis Cardinals when the home plate umpire called the game after five innings due to rain. Until that point, Palmer had made 57 pitches.
    1987 - For the first time, the United States Postal Service offered special occasion stamps. Among the messages offered were: “Happy Birthday,” “Get Well” and others.
    1988 - After having had just twelve rainouts in the previous twenty-six years at Dodger Stadium, a third day of heavy rain in southern California rained out a double-header at Dodger Stadium which had been scheduled due to rainouts the previous two days.
    1989 - The temperature at Las Animas, CO., soared to 100 degrees to establish a state record for April. Twenty-two cities in the central and southwestern U.S. reported record high temperatures for the date. Eight cities equaled or exceeded previous April records.
    1991 - Top Hits
You're in Love - Wilson Phillips
Baby Baby - Amy Grant
Joyride - Roxette
Down Home – Alabama
    1993 - Bill Kreutzmann, drummer for the Grateful Dead, spots a 17-year-old surfer foundering in a riptide near Mendocino, CA and dives in, saving his life.
    1995 - The FBI arrested former soldier Timothy McVeigh at an Oklahoma jail where he had spent two days on minor traffic and weapons charges; he was charged in connection with the Oklahoma City bombing two days earlier in which over 200 people were killed by a truck bomb that exploded in front of a Federal building
    1997 - The ashes of 1960s LSD guru Timothy Leary and "Star Trek" creator Gene Roddenberry were blasted into space in the world's first space funeral.
    1999 - Elvis Crespo is the big winner at Billboard's Latin Music Awards. The merengue star picks up four trophies, tying him with Selena for the most wins at one show. Crespo takes three awards in the tropical/salsa category - album of the year, male; album of the year, new artist; and hot Latin track of the year - as well as the prize for Latin dance maxi-single.
    1999 - Brooks & Dunn debut their newest video, "South of Santa Fe," while internet site country.com simultaneously streams the video using Microsoft Windows Media technology. It is the first time that a country video debuts simultaneously on TV and the Internet.
    2000 - In Cincinnati, the Dodgers/Reds game is delayed for 27 minutes as the umpires' equipment was accidentally shipped to New York. Replacement gear is secured from a downtown store but due to heavy traffic a police escort is needed to get the goods to Cinergy Field.
    2002 - Atlanta shortstop Rafael Furcal ties a major league record, which was most previously done by White Sox outfielder Lance Johnson in 1995, by hitting three triples in a game. The last time a Braves' player hit three three-baggers in one contest was on June 13, 1956 when Danny O'Connell accomplished the feat.
   2012 - In an otherwise mediocre 7-year career, Chicago White Sox pitcher Philip Humber, pitched the 21st perfect game in MLB history, defeating the Seattle Mariners.  It was also the third perfect game in team history.
    2014 - 118th Boston Marathon. The marathon begins in the rural New England town of Hopkinton, winds through eight cities and towns and finishes near downtown Boston. Always, the first Monday in April. 37,755 participants. Athletes qualify by meeting time standards that correspond to age. Est. Attendance: 1,000,000. Sue’s daughter Sara has run in the Boston Marathon.