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Sunday, October 23, 2005

A little bit country, a little bit rock & roll

More recently downloaded stuff from iTunes -- perhaps betraying a little bit of my Missing-Certain-Persons mood?

-- Brandi Carlile, "Gone" (it's been in my head for days)
-- Dar Williams, "The Beauty of the Rain" -- the one with Chris Botti on trumpet (because her voice is just so beautiful)
-- Peter Gabriel, "In Your Eyes" (because I watched Say Anything this week)
-- Damien Rice, "Cannonball" (which, after some vacillation, I have decided I like, at least for now)
-- Sufjan Stevens, "To Be Alone With You"
-- The Decembrists, "The Engine Driver" (one of these things is not like the others...)
-- Brandi Carlile again, "Closer to You" (upbeat, missing-but-not-for-long song)

Tuesday, October 11, 2005

Spent lovely weekend split between more and less intellectual pursuits... I loved Hollyhock House, especially the rooms with the original (or reproduced) Wright furniture. One can only image how amazing it would be if it were all completed and intact. The sheer modernity of it is shocking -- it could pass for new in any decade from the 1940s to the 2000s; only an informed visitor would guess its true octogenarian origin.

Sadly, even the nicest weekends have to end sometime. It's strange how having happy times only leaves you sadder afterwards. Counting the days until November's first federal holiday...

Tuesday, October 04, 2005


Stinky Thing 1: Since I moved out to L.A., I've been getting forwarded mail from my old N.H. address... and not from my old N.H. address. Apparently there's someone with a similar address and same last name whose mail has been coming, mysteriously, to me. I tried marking "Wrong Address" on the envelope. I tried leaving a note for the mail carrier. Last Saturday I even took the mail down to the local post office, explained the situation, and gave them the mail back. Only to have it come back to me today, despite the fact that the forwarding address (my address!) was crossed out. Aggravating, but tolerable, except...

Stinky Thing 2: Yesterday I got a call from one of the employee benefits organizations I'm signed up with. They sent me an envelope, addressed to me at my current address. Only to have it returned to them. Huh??

Stinky Thing 3: Am still in the process of unpacking (yes, I know I moved months ago; yes, I know I should have checked this sooner.) Despite my counting and recounting, listing and checking off, one of my boxes is missing. The one with my awesome shiny zip-up mid-calf green rainboots that are irreplaceable. Not. Happy. :-(

"Les mystères de la poste sont insondables."

Monday, October 03, 2005

Signs that I like my job too much...

Subject: Motion for Meal, CV 05-2005 PL (TDx)

Here comes Plaintiff Clerk1, who alleges the following facts and prayer for relief:
The Allegations:
1. There is a tasty hole in the wall in Little Tokyo;
2. There is an apparantly tasty sushi bar at the top of Weller Court;
3. There is potentially yummy food in Chinatown;
4. There is a world famous sandwich shop at Phillipe's;
5. There is yummy breakfast at New Otani.

The Argument:

Prayer for Relief:
Due to the outrageous availability of good food in the Court's surroundings, Plaintiff moves for a meal with Clerk2 sometime during the week of October xx, 2005. Time and place, day of week, and choice of meal is at the discretion of the Court.

For the reasons stated above, Plaintiff's Motion should be GRANTED.

Respectfully submitted.

Subject: Re: Motion for Meal, CV 05-1005 PRL (TDx)

This cause of action coming before the Court. Plaintiff appeared; Defendant did not appear.
Having carefully considered the papers submitted by the parties, the Court GRANTS in part Plaintiff's Motion for Meal. By this same order, the Court also GRANTS in part Defendant's Motion for a Stay of the Meal Pending Completion of Work.

I. Legal Standard

The Court may grant a Motion for Meal if the following elements are satisfied: 1) hunger; 2) presence of good food; and 3) a showing by the plaintiff that he/she is substantially likely to provide good company at mealtimes. Elefano v. Wu et al., 239 N. Hv. 3d 412, 413 (2005) (granting plaintiff's Motion for Meal where all parties were hungry and plaintiff had demonstrated history of providing excellent gumbo and scintillating conversation.) A showing of prior pleasant social interactions may suffice to satisfy the third element; prior Meals are not required. Reiner v. Levy, 12 Tang. Ct. App. 2d 7, 10 (2004) (citing Louie v. Carter, 185 N. Hv. Supp 49, 50 (2004) (Vierling, J.)). A Motion for Meal must be timely filed, no later than three days prior to the proposed meal date. Estey v. Lee (Estey II), 242 N. Hv. 3d 123, 125 (2005) (Charoenpong, J.) (holding that Rule 17 of N. Hv. R. Civ. Dat'g requires three-day notice). But see Estey v. Nayak (Estey I), 220 N. Hv. 2d 65 (2003) (Levy, J.) (questioning three-day notice requirement). The parties may stipulate to a shorter notice period. Estey II, 242 N. Hv. 3d at 126.

Where the required elements are present, the Court may grant a stay only in very limited circumstances. A Motion for Meal may be denied, for instance, where a defendant is outside of the court's jurisdiction. See, e.g., Carter v. Wu, 243 N. Hv. 3d 12 (2005) (denying Meal where defendant had unwisely relocated to West Coast prior to requested summertime meal); Grimmelmann v. Black, 185 Eng. Ct. App. 4th 106 (2004) (reluctantly staying Meal where parties were in different states). A Motion for Meal may also be stayed in cases of family obligation, infancy, illness, or incapacity. Cf. Rea v. Randell, 136 N. Hv. Supp. 46, 49 (2004), aff'd sub nom In re Baby Rea, 240 N. Hv. 3d 401 (2005). Finally, in a small but emerging body of caselaw, a small number of trial courts have stayed Meals due to overwork or prior commitments. See, e.g., Chi v. Jeu, 190 N . Hv. Supp. 234 (2005); Charoenpong v. Gorod, 185 N. Hv. Supp. 230 (2004). Contra Schnabel v. Liao, 43 Eng. Ct. App. 4th 19 (2005), overruled on other grounds by 44 Eng. Ct. App. 4th 46 (2005).

II. Discussion

Plaintiff has persuasively pleaded the necessary elements for granting his Motion for Meal. Both Plaintiff and Defendant have demonstrated a pattern of hunger at both breakfast- and lunch-time. (Pl.'s Mot. for Meal 1; Def.'s Mem. in Opp'n 1.) Furthermore, Plaintiff's Motion sets out a number of acceptable locations where good food is prominently featured. (Pl.'s Mot. for Meal 1.) Finally, it is undisputed that at past meals, a good time was had by all.

Defendant, however, raises several arguments in favor of granting a Stay. Defendant has stated in her Declaration that she is swamped with work. (Def.'s Decl. 2.) Defendant also argues that three other meals have already been scheduled for the week of October xx, 2005. (Def.'s Mot. for Stay Ex. 2-4.) While the caselaw on these points is not entirely settled, it appears that the interests of the parties would be best served by staying the Meal until after October xx, 2005.

III. Conclusion

The Court ORDERS the parties to share a meal no later than October xx, 2005. At Defendant's request, the Court takes judicial notice of the fact that October 10 is a holiday and that October 11 is Yom Kippur; thus Defendant will not be available on either of those days. IT IS FURTHER ORDERED that the parties shall stipulate as to the time and date; the Court suggests either October xx, 2005 for breakfast at the New Otani or October xx, 2005 for lunch at Phillipe's. IT IS FURTHER ORDERED that the parties shall meet and confer regarding potential dates within the next three days.


(Credit for original idea and one of these two e-mails to JW...)

Saturday, October 01, 2005


Kanye West writes:
"I know somebody payin' child support for one of his kids
His baby momma's car and crib is bigger than his
You will see him on TV any given Sunday
Win the Superbowl and drive off in a Hyundai"
Hmph. Well, I love mine. :-)

Well, it's come at long last -- the day I really, finally have to say good-bye to my life as a student. The day they shut off my YLS e-mail account. :-(

© Paula Levy
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