Doug is a 2-year-old male black & white cat. He lives in the Cageless Cat Lounge and gets along just fine with other kitties. He’s already neutered and can go home TODAY! His $30 adoption fee also includes his vaccines, microchip, FeLV/FIV test, and more. Call the Vanderburgh Humane Society in Evansville at (812) 426-2563 or visit www.vhslifesaver.org for adoption details!
7th Circuit: Defendants didn’t prove dismissal for forum non conveniens
Jennifer Nelson for www.theindianalawyer.com
The 7th Circuit Court of Appeals has ordered an Indianapolis federal court to take another look at a case involving a Canadian resident who sued moving companies for destroying his property he attempted to move from India to St. John’s, Canada.
Ashoke Deb contracted with Indian moving company Allied Lemuir to move his belongs from Calcutta to Canada. After signing a contract, Allied Lemuir sought more money to ship his belongings, but Deb refused. While dealing with Allied Lemuir, he contracted with the United States companies of SIRVA and Allied Van Lines to obtain his belongings. Deb learned more than three years later that Allied Lemuir had sold his property to pay the additional amounts it demanded from Deb regarding demurrage, fumigation, renewal of customs charges and sea freight.
Deb then sued SIRVA and Allied Van Lines in Indiana state court, but the case was moved to federal court. The companies, Delaware corporations, have corporate offices in Indiana.
SIRVA and Allied Van Lines filed a motion to dismiss based on the grounds of forum non conveniens, which the federal court granted in June 2014. Judge Tanya Walton Pratt held that both Indiana and Canada offered appropriate alternative forums for the action.
But this was incorrect, the 7th Circuit held in Ashoke Deb v. Sirva Inc., et al.,14-2484.
“Combing the principles we discussed … that the district court may look beyond the bare allegations of the complaint where the defendants dispute facts related to venue, and that defendants bear the heavy burden of showing an alternate forum — we look to see whether the district court placed the burden on the defendants to demonstrate that an alternative forum was available, and whether the defendants met that burden,†Judge Ilana Rovner wrote.
“We conclude that the district court did not hold the defendants to the burden, nor did the defendants meet it. To the contrary, to the extent the defendants offered any evidence or argument at all, it was evidence that they would not, in fact, be subject to jurisdiction in India.â€
The only way Deb could sue the companies in India is if they had something to do with the wrongdoing in India, but while making the argument that India has jurisdiction, the defendants refuse to acknowledge an actual legal affiliation with Allied Lemuir, Rovner pointed out.
With regard to the possibility that Canada offered a possible forum, Rovner noted the parties never briefed the issue of the Canadian court as an alternative forum and instead cited the Colorado River Doctrine, which allows courts to conserve judicial resources by not taking jurisdiction when there is a parallel proceeding elsewhere. But the district court didn’t engage in a Colorado River abstention analysis or a similar forum non conveniens analysis about Canada similar to that of India.
Torres attests to great work done by Jordan’s starting-gate crew
The whole thing took maybe five seconds.
But if not for the instantaneous reaction and action of Ellis Park’s starting-gate crew last Sunday, jockey Francisco Torres probably wouldn’t be riding this weekend — maybe never again.
Sunday’s scary mishap — when Torres’ mount, Blake Beauties, flipped in the gate and the jockey wound up going to the hospital — provides a high-profile case study of the horsemanship, agility, quick thinking and bravery that the starting-gate crew displays on a regular basis but largely out of the limelight. It also displays the amazing athleticism, toughness and durability of jockeys.
Here’s what happened in the fifth race, for $5,000 claimers going 5 1/2 furlongs on the turf:
“I’m in the 1 hole waiting for the other horses to load,†Torres said. “She went backwards so high. She didn’t throw me out the back, so I just stayed on her. I didn’t step off or anything. Well, when she came down, she went down forward so quick, that she threw her head underneath her front legs and pitched me right over her head. I didn’t have any chance whatsoever to react. I just fell underneath her. One second I’m on her back and the next I’ve got nothing but (her) legs.â€
When Blake Beauties reared again, Torres fell from being pinned between the horse and the gate stall’s front doors. Starter Scott Jordan instantaneously pulled Torres out from under the gate.
“I’m on the bottom,†he said. “Not because she’s doing it intentionally, but she’s nervous and I’m down there trying to scramble to get out and pushing on her. And she’s going berserk. At one point I put my hands up to cover my face, and that’s when she hit me with a hoof and split my arm open. At that same moment I just felt somebody – which was Scott — reach up there and pull me right off from underneath the gate.â€
A split-second later, Blake Beauty flipped, twisted and got stuck in her gate stall. By then, Torres was out and the assistant starters had unloaded the horse next to her and were backing out the others to keep them from getting riled.
“That’s instinct,†Jordan said. “I just ran out there and grabbed him. He was in a bad spot. And then he said his neck (was bothering him), and then I was worried, ‘Now, I’ve messed something up worse because I jerked him out of there.’â€
Torres has resumed riding at a high level after three broken necks throughout his long career. So when he said his neck was bothering him, Jordan was clearly a man beating himself up. Jordan, however, was the only one second-guessing his action. State steward Barbara Borden, who saw the action live and in replays, called his fast work “heroic.â€
The biggest endorsement comes from Torres.
“I called Scott when I heard he was concerned,†the jockey said. “I thanked him and said, ‘Actually, you saved my life.’ I would have done the same thing. What are you supposed to do? Let the horse trample someone in there?…. It was a very heroic move.â€
Asked how long the sequence took, Jordan queried one of his lieutenants, Jody McShane, and said, “What do you think the whole thing took? Five seconds?â€
From his post in front and just off the side of the gate, Jordan was in closest proximity, because his team was all behind the gate loading horses or in the gate with horses that had already gone into their starting stall.
In an equine version of NFL Hall of Famer Gale Sayers’ mantra in his best-selling biography “I Am Third,†the starting-gate members place their own welfare behind the jockey and then the horse.
“That’s our first thing: Get the rider out of there,†Jordan said, adding of Torres, “And no one could from the back of the gate. It was just lucky I could get there from the front of the gate and do it, because nobody could get there quick enough. They’re trying to get the other horses out of there and keep something else from getting hurt. They’re doing their job, because I already had Torres and gave him to someone else and said, ‘Take him to the ambulance; his neck’s hurt.’â€
The assistant starters still faced a dangerous situation with Blake Beauties. She’d gotten a front leg up on one of the pontoons, the four-inch ledge upon which assistant starters stand in the gate with a horse, and another leg under the gate. Still, extricating a scared horse who weighs a half-ton with very hard hooves from a confined space is just part of a gate crew’s job description.
“That’s just routine for us,†Jordan said. “You don’t panic. You don’t go yelling and screaming and everything. You assess what you’ve got to do and you do it. And you do it in a timely fashion and you try to keep someone else from getting hurt. These guys, they forget about themselves. They just go in and do it. It’s not, ‘I could get hurt when I run in there.’
“Everything worked out well. The horse got beat up some, but no serious injuries. Cisco got beat up some, but no serious injuries. If you look at it in the big picture, it was a good outcome on a bad situation.â€
Meet Scott Jordan and his crew, along with jockey Sophie Doyle
The public can meet Jordan and his crew and see in person how they work to teach horses to break safely from the starting gate. “Making of a Racehorse,†Ellis Park’s Saturday morning fan experience staged in conjunction with the Kentucky division of the Horsemen’s Benevolent and Protective Association, begins every Saturday morning in August at 7:30 Central by the starting gate, with parking adjacent in Ellis’ south end parking lot by the Ohio River levee.
This week’s participating jockey is Sophie Doyle, who finished a close second in last Saturday’s Groupie Doll Stakes in only third mount since returning from a badly fractured collarbone. The free event, with kids welcomed, moves from the starting gate to trainer John Hancock’s barn, where conversation will include Dr. Bruce Howard, the Kentucky Horse Racing Commission’s chief state veterinarian, and KHRC director of enforcement Chris Clark. Also on hand answering questions will be track announcer Jimmy McNerney.
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Owner Albaugh, trainer Romans sweep pair of 2-year-old maiden races
Dennis Albaugh’s Albaugh Family Stable and trainer Dale Romans swept Ellis Park’s pair of 2-year-old maiden races Friday, with Not This Time romping by 10 lengths in the mile fourth race and Reedini prevailing by 3 1/4 lengths in the 6 1/2-furlong seventh.
“Wow! Wow! Wow!,†jockey Robby Albarado said as he was lead into the winner’s circle aboard Not This Time.
Not This Time, in his second career start after breaking slowly and finishing fifth in a tough Churchill Downs’ maiden race won by eventual Saratoga stakes-winner Bitumen, powered to a 10-length victory over Society Beau, covering the mile in 1:35.99 with a final eighth-mile in 11.82 seconds even with Albarado gearing down. He paid $3 as the 1-2 favorite.
“That’s impressive,†Albarado said. “What I felt was extreme talent there. What a nice horse! I rode him first time and he did everything possible wrong he could do. Today he broke, put himself in the race. I wasn’t planning going to the front, but man, a nice horse. Take nothing from the rest of them. But I could have squeezed him and sprinted home faster than he did. Some kind of feeling.â€
Continued Albarado, rider of Horses of the Year Curlin and Mineshaft: “I’ve been on just a few of those. Just a few.â€
“He’s the real deal,†Romans said from Saratoga, as he prepared to fly to Chicago for Saturday’s big race card. “I told Robby the first time he rode him that he might be as good a horse as he’s ever ridden. Of course, he didn’t break that day. This is a serious, serious racehorse.â€
Romans said they were looking for a mile race to use as a steppingstone to Churchill Downs’ $150,000, Grade III Iroquois Stakes at 1 1/16 miles on Sept. 17, a race whose winner gets their entry fees paid and a travel stipend to the $2 million Breeders’ Cup Juvenile at Santa Anita.
“That was pretty spectacular, but I expected a big effort,†Romans said. “I knew that he was special. It’s nice for him to go on and back up what he was showing in training.â€
Not This Time is a son of Giant’s Causeway, who also the sire of Albaugh and Romans’ Toyota Blue Grass winner Brody’s Cause. His mom, Miss Macy Sue, was a top sprinter who also has produced Breeders’ Cup Dirt Mile winner Liam’s Map and the stakes-winning Taylor S. Romans said he believes the source of the name is Albaugh’s chagrin over selling $1.35 million-earner Liam’s Map as a yearling for $800,000 at Keeneland’s 2012 September sale.
Channing Hill picked up the mount on Reedini when jockey David Flores got stuck in New York because of flight cancelations. Reedini also led all the way to prevail over Texas Sky, who wore down the Churchill Downs Racing Club’s Warrior’s Club to take second by a head.
“He’s all right. That was a nice work for him,†Hill said of Reedini, who covered 6 1/2 furlongs in 1:16.88 as the 8-5 favorite. “I’m just glad to pick up the mount. This is my first win for Dale Romans; I’ve had a lot of seconds and thirds for him.
“There’s a little greenness. But he’s very smart, an intelligent little horse, wants to do everything right. He kind of surprised me when he made the lead down the backside. Honestly, I thought they went a little slower because he just did it so easily. Then he took a couple of nice deep breaths around the turn, and when I asked him at the top of the lane, he got a little pressure and showed his little turn of foot. Then he just kind of idled from the eighth pole out. Even galloping out, any horse that takes you back galloping out, is one you feel like will really progress.â€
Reedini, a $350,000 yearling purchase who is out of the same mare as the champion sprinter Midnight Lute, also was making his second start, having been third by a total of a half-length in the slop June 23 at Churchill.
Reached for a second time by phone, Romans said of Reedini, “This is another good one.â€
Romans said he didn’t know about running the two horses against each other in the Iroquois, given the common ownership. “But we’ve got a van, we can travel,†he said. One possibility could be a race in New York, he said. “We’ll just see how things unfold the next couple of weeks.â€
Trainer Ian Wilkes, whose horses running at Ellis Park are overseen by assistant Bob Tucker, won his eighth race of the meet as Lucky Seven Stable’s 4-year-old filly Sweet Tapper and jockey Corey Lanerie spurt out of the pack to take the $39,000 entry-level allowance on turf by a half-length over Sister Blues and Joe Johnson.
On the claiming-ranks front, James Utley’s Showbiz Star became the the fifth horse to win twice at the meet — and the first of those to also have a second — as the 5-year-old gelding captured the fifth race. Claimed by trainer Jeff Barkley for Utley for $8,000 at Churchill Downs, Showbiz Star was a close second for $7,500 July 9 at Ellis before winning for the same claiming price July 22. In for a $5,000 claiming tag in Friday’s 1 1/16-mile turf race, he won as the favorite by two lengths over Sky Alert. He was claimed back out of the race by his prior connections, trainer Thomas Trione and owners Bonnie and Ken Schreiter.
“We were just looking for something to win some races and got lucky,†Barkley said. “He’s a pretty neat little horse. It worked out well. You get lucky sometimes when you claim a horse; it doesn’t always turn out that way. He was in where he needed to be. The name of the game is to win some races, and we’ll find another.â€
Women’s Soccer enjoys 2-1 exhibition win over Racers
 It was an impressive season-opening display for the University of Evansville women’s soccer team on Thursday evening as the Purple Aces dealt preseason Ohio Valley favorites Murray State a 2-1 exhibition defeat at Arad McCutchan Stadium.
“We showed some good stuff today, but we were exposed at times with things that we need to work on,†UE head coach Krista McKendree said. “That’s what you want out of these games. Hopefully, we’ll leave here with some positives and things that we can build on going forward.â€
The win, which saw the defending Missouri Valley tournament champion Aces come-from-behind, comes just one week into preseason preparations for UE, which will open its 2016 regular season campaign at Xavier on Aug. 19. The next home game for the Aces will be one week later as Cincinnati will pay a visit to campus on Aug. 26.
Despite spending the early part of the game on the front foot, it would be the Racers who drew first blood with a well-worked goal as Harriet Witchers and Taylor Richerson linked up on the right side of the 18-yard box before laying it off for Madalyn Germann’s opening tally in the 25th minute.
Colleen Dierkes supplied the answer 15 minutes later with strike from just outside the box to level the affair in the 40th minute.
“I found an opening and took a shot,†Dierkes explained. “It was a great ball in from Jordin [Campbell] initially, and I just really wanted to get back even after the first goal because I didn’t feel like I was on my mark. I wanted to make sure that I could get the goal back and tie it up.
From there, Murray State would have its opportunities going forward in the second half, but the Aces seemed to rack up the chances, thanks in large part to the return of Montana Portenier after missing last season due to injury.
“We know what she’s capable of,†McKendree said of Portenier. “Our newcomers are learning how to play with her. They’re learning her strengths, and she’s learning the strengths of those around her. We’re going to create chances in games, and we have to make sure that we take advantage of those opportunities.â€
Portenier’s most frequent collaborator down the right flank in the second half seemed to be Sara Osinski, who ultimately broke through for the game-winning goal in the 75th minute with a long-distance strike of her own.
“Last season, we started off slow before having a great ending,†Dierkes said. “Being a senior this year, I feel like we need to be able to come out and show people that even though we lost those seniors, we’re still a good team. I’m happy we were able to come into this game and get the victory to show for all the hard work that we’ve been putting in during two-a-days this preseason.â€
The Aces will be back in action with another exhibition contest at Eastern Illinois on Sunday. Kickoff is slated for 1 p.m.
It’s Time For City Council To Start Challenging The City Deficient Spending Practices
It’s Time For City Council To Start Challenging The City Deficient Spending Practices
The political circus at City Council budget hearings for 2017 have begun.  We enjoy watching Finance Chairman Dan McGinn, President Missy Mosby,  Vice President  Jonathan Weaver and City Controller Russ Lloyd Jr do a “balancing act†with past due bills, advancement on future revenue and proposed tax increases they insist are “negligibleâ€.
In the current 2017 budget hearings we are waiting for members of City Council to start challenging the city deficient spending practices and do a better job in questioning the continued waste of our hard earned tax dollars by the Winnecke administration. Â We have become more concerned about the City’s finances with each passing City Council meeting,
For over a year we suspected that the city finances were in bad shape. Â Last week City Council Finance Chairman Dan McGinn disclosed that the city finances are indeed in bad shape.
Some Evansville residents are already struggling to hold on to their homes, buy medications, pay ever increasing utility bills, and put food on the table.  Young families are scraping  to save money  for a down payment on a home to put down roots in a city that presently doesn’t have an over abundance of good-paying jobs.
We have been saying for many months that the  City of Evansville Employee Health care funding is in trouble and a day of reconvening is near.   City Council is now telling us that Evansville is expected to have more income tax revenue than in previous years, but council leaders want to cut extraneous funding to reflect a sharp increase in Employee Health costs for city employees.  The City’s Employee Health care plan for its employees is changing next year saving the city about $3.6 million. The cost savings to the city will increase the employees’ deductibles and out-of-pocket expense.
The Mayor’s office budgeted $301,000 for nonprofits in 2017 and council leadership seemed in agreement.  We are now hearing that City Council President Missy Mosby, D-2nd Ward has alleged that she’s being inundated with calls from  city employees upset with the proposed changes to the 2017 Employee Health care plan. We wonder where in the world Ms Mosby has been for the last several years when she and fellow Council members voted for every spending request the Mayor submitted.
Its time that Council make some tough choices in order to balance the budget, like laying some employees off, no pay increases for city council, and city employees together with department heads and  the Mayor’s staff for 2017.  Of course,  delay the expansion on new exhibits for the Zoo,  eliminating the funding of “political pork barrel” projects, make major reduction to city grants given to area not-for-profits, make cuts to sports grants, suspension of capital projects requested by department heads,  put a freeze on hiring new employees for 2017,  cut the proposed 2017 city budget by 2%. across the board and address the Employee Health care funding problems head on.
The most important ingredient that we believe has been missing from the discussion about how to stretch the budget is simple; the city administration and the Council needs to adherence to the principle that requires transparency and a willingness to be innovative in order to promote local government efficiencies.
Finally, it looks like former City Council member and Chairman of the Budget Committee John Friend CPA warning that major budget problems will be facing Council in 2017 was spot on!
FOOTNOTE: The new slogan for City Council is ‘PENGUINS OVER CITY EMPLOYEES HEALTH INSURANCE”?
IS IT TRUE AUGUST 12, 2016
IS IT TRUE we can’t wait for the City of Evansville Council members start giving their doom and gloom reasons why they should pass Dan McGinn’s resolution to reduce the percentage of the HOMESTEAD TAX CREDIT for the 2017 budget year?
IS IT TRUE that City Controller Russ Lloyd Jr reported that the General Fund had $3.9 million as of June 30, 2016? Â …if he would had properly paid back the unauthorized disbursement from the Riverboat Fund in the amount of $12.5 million the General Fund would be negative by $8.4 million?
IS IT TRUE its alleged in 2016 that City Controller Russ Lloyd Jr failed to transfer $7.5 million from the General Fund into the Employee Hospitalization Fund which caused that fund to be negative by $7.5 million as of June 30, 2016?  …if this allegation is correct we wonder what the balance of this account was at the end  of 2016?
IS IT TRUE we wonder why members of City Council aren’t talking about making some serious budget cuts in order to help balance the proposed 2017 budget?
IS IT TRUE one thing that City Council members don’t want the public to know is that the City of Evansville received around $2 million dollars from the State because of an increase in the LOCAL OPTION INCOME TAX for 2016?  …we hope the City put this financial windfall from the State into the “Rainey Day Fund”?
IS IT TRUE we left the current ‘READERS POLLL” question up for a couple extra days in order to make a point? Â …we hope City Council members will finally get the message that the homeowners of this community are strongly opposed to the resolution that reduces the HOMESTEAD TAX CREDIT percentage to help pay for Council bad spending habits during 2016?
IS IT TRUE it looks like the election promise made by candidates for City Council that they are going to be a fiscal watchdog is down the tube?  …don’t you just like it when political types run for re-election as a right wing fiscal conservative and turn out to be a left wing tax and spend liberal?
IS IT TRUE its obvious during the 2016 budget year that Mayor Winnecke got everything he wanted from council ?  …it looks like our current City Council will continue to give Mayor Winnecke everything he wants in the proposed 2017 budget?
IS IT TRUEÂ we predict that City Council will give approvals for some expenses capital projects for 2017? Â …don’t be surprised that additional funds will given to phase in SpotShooter, Roberts Park, a South American Penguin exhibit at Mesker Park Zoo, a new Aquatic Center located on the North end of town? Â …we hope when Council give permission to fund these projects they will also put money in the budget for upkeep of these new endeavors?
IS IT TRUE one would expect after last year city election we would have at least one strong independent thinking and fiscally conservative person on council? …these are the kind of results you get when only 7 percent of people turnout to vote?
IS IT TRUE we urge you to go to the link of the Vanderburgh County Food Inspection Report For 8-11-16 in todays edition?
IS IT TRUE we would like to thank the staff at the City Clerk office for their excellent cooperation in sending us information we request in a timely manner?
FOOTNOTE:  “IS IT TRUE†will be posted next Monday.
Todays READERS POLL question is: Do you support Councilman Dan McGinn’s Homestead Tax Credit resolution that reduces the percentages of our tax credits?
Please take time and read our newest feature articles entitled “ AUGUST BIRTHDAYS, HOT JOBS†and “LOCAL SPORTS†posted in our sections.
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