From: les@jmdl.com (JMDL Digest) To: joni-digest@smoe.org Subject: JMDL Digest V2005 #173 Reply-To: joni@smoe.org Sender: les@jmdl.com Errors-To: les@jmdl.com Precedence: bulk Unsubscribe: mailto:joni-digest-request@smoe.org?body=unsubscribe Archives: http://www.smoe.org/lists/joni Websites: http://www.jmdl.com http://www.jonimitchell.com JMDL Digest Saturday, April 23 2005 Volume 2005 : Number 173 ========== TOPICS and authors in this Digest: -------- NJC Re: Off Topic: Ferron Albums out of Print? NJC [Bob Muller ] njc,sincere condolences to Mack ["Patti Parlette" ] Spanish ay-ay-ayes NJC ["mike pritchard" ] Re: Pope, njc ["Bree Mcdonough" ] Mother Earth Met Father Time (NJC) [Smurf ] Re: Mother Earth Met Father Time (NJC) ["Mark or Travis" ] Re: Pope, njc [LCStanley7@aol.com] NJC Re: a little help.... [Bob Muller ] Re: Pope, njc ["Bree Mcdonough" ] njc a Michigan court decision [revrvl@comcast.net (vince)] RE: NJC Re: a little help.... [Emiliano ] Re: Pope, njc [LCStanley7@aol.com] Re: Off Topic: Ferron Albums out of Print? njc [Doug ] Re: Pope, njc ["ron" ] Re: a little help.... ["ron" ] Re: Mother Earth Met Father Time (NJC) [Catherine McKay ] Ferron, no regrets and Mack and friends, sjc ["Marianne Rizzo" ] Subject: RE: new pope NJC ["Lama, Jim L'Hommedieu" ] JONI SIGHTING [kjhsf@aol.com] Re: Pope, njc [LCStanley7@aol.com] Re: JMDL Digest V2005 #172 [michael.cathyb@optusnet.com.au] Re: Pope, njc [LCStanley7@aol.com] well, a dream finally came true ["richnew" ] Re: JONI SIGHTING [Mike Friedman ] ---------------------------------------------------------------------- Date: Fri, 22 Apr 2005 03:52:29 -0700 (PDT) From: Bob Muller Subject: NJC Re: Off Topic: Ferron Albums out of Print? NJC Hi Mike - I'm no Ferron fan, but it looks like those are clearly out of print (OOP) on CD. If you have the dough you can grab them used from Amazon.com at $50 & $90. Another option would be to convert the vinyl to CD - I did that with a couple of my favorite records that never made it to CD. Also - in lieu of putting "Off Topic" in your subject line please use the NJC (No Joni Content) tag. Bob NP: Lynyrd Skynyrd, "Was I Right Or Wrong" Tired of spam? Yahoo! Mail has the best spam protection around http://mail.yahoo.com ------------------------------ Date: Fri, 22 Apr 2005 08:23:35 -0500 From: Jerry Notaro Subject: Re: "Songs of A Prairie Girl", in stores next Monday! In light of Joni's "new" cd coming out I watched Under the Covers on DVD last night. What a great treat for anyone. What a time it must have been. And Joni looks so pure and innocent. Funny how she can look that way while surrounded by the gorgeous hunks of folk rock of the time! Jerry np: Linda Ronstadt - I'll Be Seeing You ------------------------------ Date: Fri, 22 Apr 2005 13:54:39 +0000 From: "Sherelle Smith" Subject: New Orleans and now some Joni content (SJC) Hi DB!!!! I have to share something with you and everyone. Last night I drug myself to a rehearsal for a special wedding reception I am doing Saturday and rehearsed with this fellow named "Sky" who is one cool and laid back individual as well as an excellent keyboardist. As he, Rob and I talked, he played this live recording of himself, an in-the-pocket (as he called him) drummer and this bassist that absolutely, positively blew my mind!!!! He's like Jaco but he also has an originality all his own. Sky says he plays a nine string bass specially designed for him! the recording was an impromptu improvisation and creation of a new song. it was unbelievable! So we got on the subject of Sergio Mendes(sp?) and Brazill 66 because I plan on doing their version of "Look of Love". The bride has the reception decorated with a tropical theme and I am actually going to do a set of songs while she is getting her pictures taken. I'm also going to do "Ribbon in the Sky" for their dance. (Bree was that your suggestion a long time ago?) He did not know they did "Fool on the Hill" and "Scarborough Fair" and since he is very into Brazillian Jazz, he got very excited. We started talking music which is why I am sleepy!!! Then....we started talking about Joni. He said..."Don't even go there!" and I said, "No...you don't even go there!" He says, "I love her!" and I said, "I love her too!" I started telling him about Shadows and Light, Black Crow and how perfect this bassist would be playing that groove!" It was ten minutes of pure mutual admiration!!!!! I told him about the list so if a guy by the name of Sky pops in, welcome him warmly because that's the guy I have been talking about. I think the coolest thing about life right now is being able to connect with other musicians. it is a dream come true. I don't know what the future holds for me and Sky but I definitely want to meet this bassist. He has a wah-wah peddle for his bass for goodness sake!!!!! I think this trio is going to really go somewhere and I encouraged Sky to stick with it. It makes him happy, I can tell. This bassist is going to be a star in his own right, I can feel it. He has a gift like Jaco but he has his own style too. Okay...I'm through!!!! Donna, thank you for your love! it feels good!!!!! Love, Sherelle Donna wrote: Wow! Sherelle in New Orleans! NOLA would never be the same and she may never play anywhere else again - cuz they wouldn't let her leave! Sherelle, jump on Pazman for an opportunity like this, stick to him like glue, hold him to it! We're gonna hold ya to it Pazman, Sherelle perhaps I should print this out and notarize it for documentation and safe keeping...db ------------------------------ Date: Fri, 22 Apr 2005 14:08:23 +0000 From: "Sherelle Smith" Subject: Re: Russell Gray njc Dear Mack, I hear you my friend. Russell Gray was a very special person that most of the world was not privileged to know. But you were and you should hold that very close to your heart. Do you have any pictures of him that you could build a memorial website with? I would love to meet him and know what made him special to you. Love, Sherelle Mack wrote: A friend just passed away, taken from this earth at 59. None of you knew him or were priveleged to love him or to be his friend. And a friend he was. I did love him and wanted all to hear his name and to think of him. Please do that for me. He was Russell Gray of Eastland, Texas. May God have mercy on his soul and may Joni-like music fill his ears and soothe his soul wherever he has gone. Thanks for indulging me. love, mack ------------------------------ Date: Fri, 22 Apr 2005 14:39:35 +0000 From: "Patti Parlette" Subject: njc,sincere condolences to Mack Dear Mack: I am so sorry about the loss of your friend. I will pray for him, and that his family and friends will be comforted. Thank you for reaching out -- I am honored to indulge you and I salute your friendship which obviously was a beautiful one. Love and peace and comfort, Patti NPIMH: "Amazing Grace", for your friend, and alternately "On Eagles' Wings" And He will raise you up on eagle's wings, Bear you on the breath of dawn, Make you to shine like the sun, And hold you in the palm of His Hand. ------------------------------ Date: Fri, 22 Apr 2005 16:51:35 +0200 From: "mike pritchard" Subject: Spanish ay-ay-ayes NJC >>Pope Benedict XVI has responded firmly to the first challenge of his papacy by condemning a Spanish government bill allowing marriage between homosexuals. The bill, passed by parliament's Socialist-dominated lower house, also allows gay couples to adopt. A senior Vatican official described the bill - which is likely to become law within a few months - as iniquitous. He said Roman Catholic officials should be prepared to lose their jobs rather than co-operate with the law. The bill would make Spain the first European country to allow homosexual people to marry and adopt children. << More of this at http://news.bbc.co.uk/2/hi/europe/4473001.stm So, no surprises there. The rest of the story is interesting too, including the quote that >>The head of the Vatican's Pontifical Council on the Family, Cardinal Alfonso Lopez Trujillo, said that every profession linked with implementing homosexual marriages should oppose it, even if it meant losing their jobs. The cardinal insisted that just because something was made law it did not make it right. << What's the Bette Davis line? Fasten your safety belts, it's going to be a bumpy flight! mike in bcn NP John Hammond - Wicked Grin ------------------------------ Date: Fri, 22 Apr 2005 11:28:02 -0400 From: "Bree Mcdonough" Subject: Re: Pope, njc Hi all... Oh..for Em..I was reading on the telephone your post to Marianne and she said to say that we really want to meet that EM too. I concur!! I find you a good soul... searching...searching...like us all! Laura...I like all what you have written here but when I say change with the so-called times ...yes..with Vatican 11 brought a lot of change but in my opinion it did not water down or compromise at all the Truth as passed down by Jesus Christ. This pope or any pope in the future could say the clergy can now marry and it would not compromise TRUTH. Disciplines are fine to tinker with..Dogma is a another story all together. I look at the Church..the Shepard of the Church..as something or someone that doesn't want to limit us at all but rather as a guide to total Truth and Love. IF all that we know here on earth is temporal and our human spirit is the only thing that goes on to eternity then I have to look at why the Church says what it says. It's pretty simple....at times. I always liked C.S Lewis's view on the soul and the molding of that soul .....God chiseling away.. using not causing things like suffering ..anguish..to mold us....HE wants us to grow up. Vince .. one of the first things you wrote concerning this new pope is that ecumenism was now dead. His very first papal paper was on dialogue and discussion with all faiths. Smurf... as I have told you in the past... I think you are one of the wittiest people ever and you can do no wrong in my book. Sherelle...no need to apologize....I know where you are coming from. It's okay!! Bree 's >Bree wrote: > >The Church WILL NEVER change with the so-called times >Hi Bree, > > Historically, the church, and Popes, have changed with the "so-called >times." And, I believe the trend will continue and is part of the >Tradition of >the church... change. > >> I see Benedict XVI as a place holder, a continuum, until a younger >>and >more innovative Pope will be elected. If a younger, more liberal Pope >would >have been elected now, it probably would have been a shock to many in the >church. > > Traditional doesn't have to equal conservative. Jesus wasn't a >conservative...the Pharisees were though. I see Jesus as a traditionalist >while at >the same time being very liberal... talking to the woman at the well, >healing >on the Sabbath, not washing before eating, etc. The church during Jesus' >time had become starchy and oppressive. Jesus breathed new life and >freedom >into it... much like Pope John XXIII did with Vatican II. There can and >will be >the same kind of changes down the road. It's Tradition. > >Love, >Laura ------------------------------ Date: Fri, 22 Apr 2005 08:39:46 -0700 (PDT) From: Smurf Subject: Mother Earth Met Father Time (NJC) And they had a big old baby on Earth Day and named him WALT! Happy birthday, size squaw. XO, - --Bob Tired of spam? Yahoo! Mail has the best spam protection around http://mail.yahoo.com ------------------------------ Date: Fri, 22 Apr 2005 09:55:54 -0700 From: "Mark or Travis" Subject: Re: Mother Earth Met Father Time (NJC) Happy Birthday, Walt! Keep those people on the buses in SF in line! Have a great birthday! Mark Smurf wrote: > And they had a big old baby on Earth Day and named him WALT! > > Happy birthday, size squaw. > > XO, > > --Bob > Tired of spam? Yahoo! Mail has the best spam protection around > http://mail.yahoo.com ------------------------------ Date: Fri, 22 Apr 2005 10:15:27 -0500 From: "Ramcey " Subject: a little help.... Is there anybody out there in Joni-land that can help me identify a recording? I received a recording dated 5/26/98. It sounds like an FM recording. After extensive research, I cannot find any of Joni's performances on that date, and the setlist here does NOT match ANY of the dates just before and after this date. Any info can be sent back-channel to me and would be greatly appreciated. Ramcey Nashville, TN ------------------------------ Date: Fri, 22 Apr 2005 13:32:52 EDT From: LCStanley7@aol.com Subject: Re: Pope, njc In a message dated 4/22/2005 10:32:18 A.M. Central Standard Time, bree_mcdonough@hotmail.com writes: Laura...I like all what you have written here but when I say change with the so-called times ...yes..with Vatican 11 brought a lot of change but in my opinion it did not water down or compromise at all the Truth as passed down by Jesus Christ. This pope or any pope in the future could say the clergy can now marry and it would not compromise TRUTH. Disciplines are fine to tinker with..Dogma is a another story all together. I look at the Church..the Shepard of the Church..as something or someone that doesn't want to limit us at all but rather as a guide to total Truth and Love. Hi Bree, What the he11 is Vatican 11? I agree that the Pope's goal is loving truth... or it should be anyway. Over the years, some Popes have been corrupt... far from loving and truthful, but with growing wisdom in the church, things have changed for the better despite papal corruption. The Holy Spirit isn't limited to the Pope or other church authority but rather manifests in the all people of the church. For this reason, church authority must be open to and listen to the people of the church if authority is in keeping with church teachings. In my experience, the Holy Spirit in the Catholic church isn't limited to working like trickle down economics. Love, Laura ------------------------------ Date: Fri, 22 Apr 2005 10:46:22 -0700 (PDT) From: Bob Muller Subject: NJC Re: a little help.... Hi Ramcey - lemme know what the setlist is and I'll check through what I've got and let you know. Bob NP: The Police, "Friends" Tired of spam? Yahoo! Mail has the best spam protection around http://mail.yahoo.com ------------------------------ Date: Fri, 22 Apr 2005 14:21:20 -0400 From: "Bree Mcdonough" Subject: Re: Pope, njc >Hi Bree, > > What the he11 is Vatican 11? Are you cursing at me?! ;-) IT was a good thing! All life is sacred...girls can be altar girls...women can distribute communion....Latin masses no longer...(I miss them...or did miss them) Nuns in modified habits...jeans even! All fine and good... Women as priests? No...don't answer this.. Let's talk about it on the cell some time. Love you also.. Bree > I >Love, >Laura ------------------------------ Date: Fri, 22 Apr 2005 19:52:02 +0000 From: revrvl@comcast.net (vince) Subject: njc a Michigan court decision This may not be the easiest reading copy but just to show you how Michigan Courts work, and some entertainment law in case you lyricists ever get sued... - -1- S T A T E O F M I C H I G A N C O U R T O F A P P E A L S DEANGELO BAILEY, Plaintiff-Appellant, UNPUBLISHED April 14, 2005 v No. 252123 Macomb Circuit Court MARSHALL BRUCE MATHERS III, a/k/a EMINEM SLIM SHADY, LC No. 2001-003606-NO Defendant-Appellee. Before: Whitbeck, CJ, and Zahra and Owens, JJ. PER CURIAM. Plaintiff appeals as of right from the trial courts order granting defendants motion for summary disposition under MCR 2.116(C)(10). We affirm. Defendant, a hip hop and rap music artist, released a "Slim Shady LP" CD in 1999, which contained a song entitled "Brain Damage." The song lyrics included statements about defendants childhood experiences with plaintiff at school. Defendant also discussed the songs lyrics for an April 29, 1999 article that was published in Rolling Stone magazine. Defendant was quoted, in part, as saying that "[e]verything in the song is true." In August 2001, plaintiff filed the instant action alleging two counts of false-light invasion of privacy based on both the song lyrics and the Rolling Stone magazine article. The trial court granted defendants motion for summary disposition under MCR 2.116(C)(10) after identifying the potentially actionable statements in the song lyrics, finding the challenged statements in the magazine article to be essentially duplicative of the song lyrics, and finding no genuine issue of material fact with regard to the legal effect of the statements, defendants alleged negligence, and whether the song lyrics were highly offensive or objectionable. On appeal, plaintiff raises three issues challenging the trial courts decision to grant summary disposition in favor of defendant, but has not challenged the trial courts determination that plaintiff failed to create a genuine issue of material fact with regard to whether defendant negligently placed him in a false light concerning his character. To properly preserve an issue for appellate consideration, an appellant must raise it in the statement of questions presented. MCR 7.212(C)(5); Meagher v McNeely & Lincoln, Inc, 212 Mich App 154, 156; 536 NW2d 851 (1995). Further, the failure to address a necessary issue precludes appellate relief. Roberts & Son Contracting, Inc v North Oakland Dev Corp, 163 Mich App 109, 113; 413 NW2d 744 - -2- (1987). Plaintiffs failure to address the merits of the trial courts decision regarding negligence precludes appellate relief. But even if we were to consider the specific issues raised by plaintiff, we would not reverse the trial courts decision. Rather, we find plaintiffs first issue regarding the substantial truth doctrine dispositive whether defendant was entitled to summary disposition under MCR 2.116(C)(10) and, accordingly, limit our review to this issue. We review de novo a trial courts decision on a motion for summary disposition under MCR 2.116(C)(10). Dressel v Ameribank, 468 Mich 557, 561; 664 NW2d 151 (2003). In reviewing a motion under MCR 2.116(C)(10), the evidence submitted by the parties is evaluated in a light most favorable to the nonmoving party to determine if the evidence establishes a genuine issue of material fact. Veenstra v Washtenaw Country Club, 466 Mich 155, 164; 645 NW2d 643 (2000). In general, the tort of false-light invasion of privacy requires a plaintiff to show that the "defendant broadcast to the public in general, or to a large number of people, information that was unreasonable and highly objectionable by attributing to the plaintiff characteristics, conduct, or beliefs that were false and placed the plaintiff in a false position." Duran v Detroit News, 200 Mich App 622, 631-632; 504 NW2d 715 (1993), citing Sawabini v Desenberg, 143 Mich App 373, 381; 372 NW2d 559 (1985). The interest protected by the tort is that an individual not be made to appear before the public other than as the person is. Morganroth v Whitall, 161 Mich App 785, 793; 411 NW2d 859 (1987). The tort can be predicated on a defamatory publication, but it is not essential that the individual be defamed. Id. A communication is defamatory if it tends to so harm a persons reputation as to lower the person in the estimation of the community or to deter others from associating with the person. See Rouch v Enquirer & News of Battle Creek (After Remand), 440 Mich 238, 251; 487 NW2d 205 (1992), citing 3 Restatement Torts, 2d, '559, p 156; Sawabini, supra at 379-380. The tort of false-light invasion of privacy cannot succeed if the challenged statements are true. Porter v City of Royal Oak, 214 Mich App 478, 487; 542 NW2d 905 (1995). A court examines the falsity of a statement independently from the question of fault. Hawkins v Mercy Health Services, Inc, 230 Mich App 315, 334; 583 NW2d 725 (1998). Further, the tort of falselight invasion of privacy is subject to the same constitutional limitations as defamation claims that implicate First Amendment rights. Ireland v Edwards, 230 Mich App 607, 624; 584 NW2d 632 (1998). Hence, we must "make an independent examination of the record to ensure against forbidden intrusions into the field of free expression and to examine the statements and circumstances under which they were made to determine whether the statements are subject to First Amendment protection." Northland Wheels Roller Skating Ctr, Inc v Detroit Free Press, Inc, 213 Mich App 317, 322; 539 NW2d 774 (1995), citing Garvelink v Detroit News, 206 Mich App 604, 608-609; 522 NW2d 883 (1994). To be an actionable, the statement must be provable as false and understood as stating actual facts about the plaintiff. Ireland, supra at 617. In cases involving a media defendant, a private plaintiff, and a publication of public concern, the plaintiff is constitutionally required to prove falsity. Rouch, supra at 252. Plaintiff concedes for purposes of this appeal that the standards in Rouch, which were applied by the trial court, apply to this case. Therefore, for purposes of our review, we will assume that the trial - -3- court correctly treated this case as one involving a private plaintiff, a media defendant, and a publication of public concern. Because plaintiff has not challenged the trial courts identification of the allegedly actionable statements in both the song lyrics and the Rolling Stone articlewhich the trial court deemed duplicativewe will also assume for purposes of our review that plaintiffs false-light invasion of privacy claim is based on the statements in the song lyrics in which defendant accused plaintiff of shoving him into lockers at school, and of assaulting defendant in a school bathroom and banging defendants head against a urinal, soaking his clothes in blood, and choking his throat. Eldred v Ziny, 246 Mich App 142, 150; 631 NW2d 748 (2001). Because the context in which the statements are made is critical to an assessment of the issue of falsity, we set forth the pertinent song lyrics as follows: Way before my baby daughter Hailey I was harassed daily by this fat kid named DAngelo Bailey An eighth grader who acted obnoxious, cause his father boxes so everyday hed shove me in the lockers One day he came in the bathroom while I was pissin And had me in the position to beat me into submission He banged my head against the urinal til he broke my nose, Soaked my clothes in blood, grabbed me and choked my throat I tried to plead and tell him "We shouldnt beef" But he just wouldnt leave, he kept choking me and I couldnt breathe He looked at me and said "You gonna die honkey! The principal walked in (Whats going on in here?) and started helping him stomp me I made them think they beat me to death Holdin my breath for like five minutes before they finally left Then I got up and ran to the janitors storage booth Kicked the door hinge loose and ripped out the four inch screws Grabbed some sharp objects, brooms, and foreign tools "This is for every time you took my orange juice, or stole my seat in the lunchroom and drank my chocolate milk. Every time you tipped my tray and it dropped and spilt. Im getting you back bully! Now once and for good." I cocked the broomstick back and swung hard as I could and beat him over the head with it till I broke the wood. Knocked him down, stood on his chest with one foot. . . . Made it home, later that same day Started reading a comic, and suddenly everything became gray I couldnt even see what I was tryin to read I went deaf, and my left ear started to bleed My mother started screamin, "What are you on, drugs?!? Look at you, youre gettin blood all over my rug!" (Sorry!) She beat me over the head with the remote control opened a hole, and my whole brain fell out of my skull . . . . [Emphasis added.] - -4- The substantial truth doctrine provides the definition of falsity that a plaintiff must prove to satisfy constitutional requirements. Rouch, supra at 259. Under this doctrine, minor inaccuracies in an expression are immaterial if the literal truth produces the same effect. Id. at 258-259. A court must examine the sting of the publication and its effect on the reader. Id. at 259. The doctrine protects a speaker who utters a statement that is subject to multiple interpretations by protecting the speakers chosen interpretation. Id. at 265. As observed in Hunter v Hartman, 545 NW2d 699, 707 (Minn App, 1996), the substantial truth test is a broad test that looks to whether any reasonable person could find the statement to be a supportable interpretation of its subject. The context of the statement must be considered. Id. at 707; see also Ireland, supra at 618. We conclude that plaintiff has not demonstrated any error in the trial courts conclusion that plaintiff failed to demonstrate a genuine issue of material fact with regard to the falsity element under the substantial truth doctrine. Although plaintiffs deposition established a factual dispute regarding whether the specific bathroom assault described in the song lyrics actually occurred, exactly where, when, and why an event occurs can be irrelevant to the sting of a story. See Northland Wheels Roller Skating Ctr, Inc, supra at 328. Further, even if a statement appears factual on its face, and provable as false, it is not actionable if a reasonable listener could not interpret it as stating actual facts about the plaintiff. Ireland, supra at 617. Examined in the context of the song lyrics as a whole, defendants story contains a number of signals that would convey to a reasonable person that it should not be taken literally. The extent of factual detail that a reasonable person would find unbelievable progresses as defendants story is told. Examples include the highly improbable event of a school principal assisting plaintiff in "stomping" on defendant and leaving him for dead, plaintiffs successful attack on defendant with a broomstick after being beaten in the bathroom, and, ultimately, defendant returning home only to be beaten by his mother with a remote control, causing defendants "whole brain" to fall out of his skull. It is apparent that a reasonable listener would not take the song lyrics about defendant literally. The sting of the song lyrics rests in their characterization of plaintiff as a bully, rather than the specific factual statements about the bathroom assault. Thus, the material question is whether the literal truth yields the same effect. Rouch, supra at 258-259. In light of plaintiffs admissions that he "picked on" defendant when defendant was in the fourth grade and that plaintiff was part of a group at school that did "bully type things" such as pushing defendant down, we uphold the trial courts determination that no genuine issue of material fact was shown relative to this issue. Plaintiffs reliance on his affidavit for purposes of establishing a genuine issue of material fact is misplaced. Plaintiffs averment that he did not bully defendant was insufficient to create a genuine issue of material fact because it contradicted his earlier deposition testimony. Dykes v William Beaumont Hosp, 246 Mich App 471, 479; 633 NW2d 440 (2001). Further, our task is to determine whether a reasonable listener could find the statements to be supportable interpretations of their subject. Hunter, supra at 707. The statements must have a different effect on the mind of the listener than the pleaded truth would produce. Rouch, supra at 259. Hence, plaintiffs own interpretation of the facts as establishing that he was not a bully did not create a genuine issue of fact. Viewing the evidence most favorably to plaintiff, plaintiffs deposition indicates that plaintiff, acting as part of a group of friends, picked on defendant. Plaintiff described what was - -5- done to defendant as "jokes, play games, you know, like we probably like  I mean this is kid stuff, so Im saying. Call each other names, you now, saying skinny or something like that . . . ." Plaintiff also testified that he was present when his friends pushed defendant, and that he would personally bump into defendant by throwing a "little shove." Plaintiff offered no evidence to refute defendants claims in his deposition that plaintiff was bigger than him, shoved him into walls, called him names, took his orange juice, and knocked over his books. A reasonable person could interpret the uncontested facts as indicating that plaintiff, individually and as part of a group, bullied defendant. A "bully" is a "quarrelsome, overbearing person who badgers and intimidates smaller or weaker people." Random House Websters College Dictionary (2001). Because the literal truth yields the same effect as the sting of the song lyrics, plaintiff did not meet his burden of showing a genuine issue of material fact under the substantial truth doctrine. Hence, the trial court properly granted defendants motion for summary disposition under MCR 2.116(C)(10). Affirmed. /s/ William C. Whitbeck /s/ Brian K. Zahra /s/ Donald S. Owens ------------------------------ Date: Fri, 22 Apr 2005 21:59:43 +0200 From: Emiliano Subject: RE: NJC Re: a little help.... Hi, Bob! Oh, I answered this one... and forgot to hit the [Answer all] button, as usual... It seems the show that Ramcey's just got it's the PWWM! (it's only the date slightly wrong... that's all) ...so, Ramcey, please don't write it in your trade list (d**m no!, I've got it in mine: I'll take the chance to fix it right now, thanks!) And, BTW, it seems not even Ramcey himself can help us get the Amelia cover from the most outstanding'n amazing'n delightful american *male* singersongwriter... Greg Brown! ...yes, he sang Amelia 12/1/2000 Ramada Inn Reno, Nevada and 12/3/2000 Cotton Auditorium Fort Bragg, California... but unfortunately there's no recording from it... oh myyyyy! Have a Wonderful time! Emiliano NP: Melissa Etheridge: Come Though My Window > -----Mensaje original----- > De: owner-joni@jmdl.com [mailto:owner-joni@jmdl.com]En nombre de Bob > > > Hi Ramcey - lemme know what the setlist is and I'll check through > what I've got and let you know. > > Bob > > NP: The Police, "Friends" ------------------------------ Date: Fri, 22 Apr 2005 16:40:40 EDT From: LCStanley7@aol.com Subject: Re: Pope, njc In a message dated 4/22/2005 1:26:00 P.M. Central Standard Time, bree_mcdonough@hotmail.com writes: What the he11 is Vatican 11? Are you cursing at me?! Hi Bree, No, I'm not cursing you. Just wondering how we got all the way to Vatican number 11 without me knowing about it. Love, Sr. MA ------------------------------ Date: Fri, 22 Apr 2005 16:23:29 -0400 From: Doug Subject: Re: Off Topic: Ferron Albums out of Print? njc Hi Mike I checked today at my local major CD retailer in Ottawa and was surprised to find NO Ferron, not even an empty slot. I have both on vinyl, contact me offlist if you're still looking for copies. Doug Mike Friedman wrote: >I had a hankering to listen to two old Ferron albums but can't find >them on CD or electronically anywhere. > >The albums are 'Testimony' and my personal favorite, 'Shadows on a >Dime.' > >It looks like they're out of print and unavailable except as old >vinyl or tape copies. I think the label (Lucy Records) is out of >business. Are they? I looked for copies on eBay and in on line used >record stores, but came up empty handed. > >If you know where I can find a copy of either on CD or >electronically, please reply to me off list. > >Thanks. > >====================== >"It better be funny;.. "If my life wasn't funny, it would just be >true and that's unacceptable." --Carrie Fisher ------------------------------ Date: Fri, 22 Apr 2005 21:00:49 +0000 From: revrvl@comcast.net (vince) Subject: Re: Pope, njc Just wondering how we got all the way to Vatican number 11 without me knowing about it. Love, Sr. MA They were double secret Vatican councils. ------------------------------ Date: Fri, 22 Apr 2005 16:09:41 -0500 From: "Cynthia Vickery" Subject: Re: Pope, njc <> no, that was Vatican 007. cindy ------------------------------ Date: Fri, 22 Apr 2005 23:53:24 +0200 From: "ron" Subject: Re: Pope, njc hi > They were double secret Vatican councils. so its not just the jmdl with an inner circle??? ron ------------------------------ Date: Fri, 22 Apr 2005 23:54:20 +0200 From: "ron" Subject: Re: a little help.... hi > Ramcey > Nashville, TN is this the ramcey that used to be on the michelle shocked list??? ron ------------------------------ Date: Fri, 22 Apr 2005 18:28:26 -0400 (EDT) From: Catherine McKay Subject: Re: Mother Earth Met Father Time (NJC) Hey, yeah! I wanna hear another crazy people on the bus story! Mark or Travis wrote:Happy Birthday, Walt! Keep those people on the buses in SF in line! Have a great birthday! Mark Smurf wrote: > And they had a big old baby on Earth Day and named him WALT! > > Happy birthday, size squaw. > > XO, > > --Bob Catherine Toronto - ------------------------------------------------------------------------------- - --------------------------------- Post your free ad now! Yahoo! Canada Personals ------------------------------ Date: Sat, 23 Apr 2005 00:34:21 +0200 From: "Laurent Olszer" Subject: Sherelle as Roberta, njc Dear Sherelle I'm glad things are moving up for you. It'll be hard for me to cross the ocean to catch your show. Is there a possibility of getting a video or a cd of it anywhere? Laurent ------------------------------ Date: Fri, 22 Apr 2005 19:19:37 -0400 From: "Marianne Rizzo" Subject: Ferron, no regrets and Mack and friends, sjc Hi Mike. . . I really like Ferron too and recommend her. . I have "Testimony" on a cassette and would like to get a cd or two of her music. It is very good. . I remember the line. . "you young ones, you're the next ones and I hope you choose it well." I think of that often, as I do "no regrets, coyote." and I am trying to live my life that way. . with no regrets. . but it is hard to keep up. . and work gets in the way, you know. Hi everyone. . I haven't been on line for almost a week. . and I am sorry to hear about your friend Mack. Thanks for telling us. My friend from high school died this week too. We haven't been in touch for a long while, but still she was a dear one. . . her name is Debbie Allen. . a decision to end the pain. . . as they say. . . a bullet when the pills didn't work. . 45 years old. We went to all girls catholic high school together. . she lost her 3 month old daughter at age 17 to SIDS. . She said to me in an email. . "it's in god's hands." my girl is out town. . in Cincinnati no regrets Love Marianne Date: Thu, 21 Apr 2005 20:13:07 -0700 From: Mike Friedman Subject: Off Topic: Ferron Albums out of Print? I had a hankering to listen to two old Ferron albums but can't find them on CD or electronically anywhere. The albums are 'Testimony' and my personal favorite, 'Shadows on a Dime.' It looks like they're out of print and unavailable except as old vinyl or tape copies. I think the label (Lucy Records) is out of business. Are they? I looked for copies on eBay and in on line used record stores, but came up empty handed. If you know where I can find a copy of either on CD or electronically, please reply to me off list. Thanks. _________________________________________________________________ Is your PC infected? Get a FREE online computer virus scan from McAfee. Security. http://clinic.mcafee.com/clinic/ibuy/campaign.asp?cid=3963 ------------------------------ Date: Fri, 22 Apr 2005 17:45:27 -0700 (PDT) From: Wade Hines Subject: List newbie with mounting questions already Hi ya'll I'm a Joni list newbie tho I've been a fan for years. I've just begun to realize that there is apparently a vast number of groovy demo tracks, live stuff etc floating around out there. Is there a trading location and/or FTP upload/download Joni site anywhere on the net? If so, please let me know Many blessings I look forward to varying discussions and communications JWRC Tired of spam? Yahoo! Mail has the best spam protection around http://mail.yahoo.com ------------------------------ Date: Fri, 22 Apr 2005 21:24:50 -0400 (EDT) From: "Gerald A. Notaro" Subject: cd review From the Buffalo News: Folk/Jazz/Pop Joni Mitchell Songs Of A Prairie Girl [Rhino/Nonesuch] 4 stars The second in a series of compilation discs by Joni Mitchell, and drawn from various points throughout her storied career, "Songs of a Prairie Girl" offers a glorious account-in-song of the time Mitchell spent in Saskatchewan, the Canadian province she left decades ago as Roberta Joan Anderson, folk singer. Mitchell, as she displayed with this series' first installment, "Dreamland," has an uncanny knack for cherry-picking tunes from her canon and assembling them in a manner that boasts a continuous narrative and tells a clear story, even if the tunes have been culled from different decades. "Prairie Girl" is marked by two strains of Mitchell's narrative voice - tunes directly concerning her immediate surroundings, and pieces regarding various topics which happened to have been penned in Saskatchewan. Regardless of their origins, these tracks evoke both physical and spiritual landscapes, and give even the listener who has never been anywhere near the Canadian province a strong, imagistic sense of the place. Mitchell's many talents are in full evidence throughout, naturally - her earliest forays into a harmonically sophisticated folk music marked by her genre-defying acoustic guitar work, the midperiod immersion in jazz harmony, the later penchant for mixing both into a new organic whole. Finding a classier songwriter than Joni Mitchell is tough to do. And though this material is all previously available, "Prairie Girl" works as an album with an arc and flow all its own. - Jeff Miers ------------------------------ Date: Fri, 22 Apr 2005 22:09:32 -0400 From: "Lama, Jim L'Hommedieu" Subject: Subject: RE: new pope NJC LOL! Many of my friends through the years have been doubting Catholics so this really struck home. Remember the Spanish Inquisition? Nicolaus Copernicus? Galileo Galilei? I was roaring! Thanks for the laugh, as usual, Em. Jim From: Em >but that religion is too young to have sooooo much tradition that it shouldn't be changed! what? not even really 2000 years old! and its not like they were all great years.> ------------------------------ Date: Fri, 22 Apr 2005 22:40:20 -0400 From: kjhsf@aol.com Subject: JONI SIGHTING Hi All! My best friend who also sublets my rent controlled bachelor pad in San Francisco called me today and said "Joni was in last night." He waits tables at Boulevard, a classic American Restaurant-always in the top 10, etc. He said Joni was in with some "industry" types, and that you could hear her voice throughout the room. I got the impression from him that she did most of the talking at the table. He tried to catch little snippets for me and heard her saying that she wished she had worked on trying to change her speech patterns. He said she was very nice, very gracious, and enthusiastic about her food. I asked if he said anything to her, and he said, "yes, I said: Here is your veal." He didn't think it would be appropriate to ask for an autograph for me though. ;-( I'm so jealous!!! Ken PS> in the 3 or so hours she was there, he does not remember her getting up to go smoke. Not even once!!! ------------------------------ Date: Sat, 23 Apr 2005 00:14:19 EDT From: LCStanley7@aol.com Subject: Re: Pope, njc St. Vincent wrote: There were actions taken by Bendict immediately in the public world that do not auger well for conciliation and ecumenicity, such as the form of blessing that goes back to Piux X (who is a polarizing figure). It may not mean much to people outside the church. But the Church is replete with speaking through symbols and non verbal communications and in such liturgical ways Benedict did not reassure those who know him as the hard line enforcer who silenced rather than dialogued. Hi Vince, I agree about the Pius X statement here. I personally think it was to pacify conservatives. What do you think of Ratzinger choosing the name "Benedict"? From what I know about St. Benedict and western/Benedictine monasticism, they are more moderate rather than conservative. Also, the former Pope Benedict, Benedict XV, was a moderate, willing to hear all sides of an issue and non-resistant rather than favoring the war, WWI. So, I find hope in that name. Love, Laura ------------------------------ Date: Sat, 23 Apr 2005 11:37:12 +1000 From: michael.cathyb@optusnet.com.au Subject: Re: JMDL Digest V2005 #172 [demime could not interpret encoding binary - treating as plain text] 3.1 gig That is a heck of a download. I don't think I'll be getting that on dial up >Date: Thu, 21 Apr 2005 10:00:31 -0400 >From: "Richard Flynn" >Subject: FW: JMDL Video Tree #1 >All you need to do is go to http://jmdl.no-ip.info:6968/ and start >downloading! ------------------------------ Date: Sat, 23 Apr 2005 00:32:17 EDT From: LCStanley7@aol.com Subject: Re: Pope, njc Em wrote: quoting Laura out of context, just-for-fun: > I see Benedict XVI as a place holder, heheh...kinda like a "zero"? isn't that what they say, "Zero is a place holder."?? Hi Em, Let's do the math... Given that Benedict XVI is not JPII nor Vatican II nor one of the 12 apostles, then (Benedict 10 + 5 + 1) - (JP 2 + Vatican 2 + 12 apostles) = 0 So, the answer is yes. Love, Laura ------------------------------ Date: Fri, 22 Apr 2005 22:49:53 -0700 From: "richnew" Subject: well, a dream finally came true I've been off the list for years, but was here in the very early days. You probably know that Joni spoke tonight at the Commonwealth Club in San Francisco. I was one of the lucky ones who got a premium seat, which meant I got to get into the reception with Joni after the event. She was charming and graceful and thoughtful during the interview. When she came into the reception, I was hesitant to push my way towards the front of the line. A few friends encouraged me and I perservered. I brought a copy of the catalogue from the Mendel Gallery exhibition with me. She signed it to me with"good tears" (see below). I have to admit, I got all choked up when I finally got to speak with her. My eyes welled up with tears. I thanked her for all the joy she had given me throughout my life. And then I hugged her. And she hugged me. And I hugged her again. And she hugged me. And I kissed her (twice!). And she said something lovely to me about men who were able to shed tears. I was (and still am) ferklempt. She was so warm, open, and loving. And generous and kind. I have to pinch myself to believe that this really happened. Darice, Julius, and Kakki were there as well so I'm sure you'll here some other reports about the presentation. It was the first time in years that I had been with other jmdlers other than Darice. It was a very special and intimate occasion. A news bulletin from the reception: she said that she would love to record some of her songs again with a live jazz trio --especially some of her old partners. I'm too exhausted to think for now (I flew back from Denver today just to make it to this event.) I know she mentioned Lyle Mays --- maybe you can help me fill in the rest as I'm fading. I'm here briefly again for a while. Just wanted to check in with some old friends, particularly Les, to share tonight's lovely experience with you. Take care, Rich Newirth ------------------------------ Date: Fri, 22 Apr 2005 23:51:07 -0700 From: Mike Friedman Subject: Re: JONI SIGHTING Damn! I just ate there last week, taking my best friend out for his birthday! On Apr 22, 2005, at 7:40 PM, kjhsf@aol.com wrote: > Hi All! > My best friend who also sublets my rent controlled bachelor pad in > San Francisco called me today and said "Joni was in last night." > He waits tables at Boulevard, a classic American Restaurant-always > in the top 10, etc. > > He said Joni was in with some "industry" types, and that you could > hear her voice throughout the room. I got the impression from him > that she did most of the talking at the table. He tried to catch > little snippets for me and heard her saying that she wished she had > worked on trying to change her speech patterns. He said she was > very nice, very gracious, and enthusiastic about her food. I asked > if he said anything to her, and he said, "yes, I said: Here is your > veal." > He didn't think it would be appropriate to ask for an autograph for > me though. ;-( > > I'm so jealous!!! > Ken > > PS> in the 3 or so hours she was there, he does not remember her > getting up to go smoke. Not even once!!! > ========================== This is not the best of all possible worlds, in case you missed the irony in Voltaire. Mike Friedman San Francisco, CA ------------------------------ End of JMDL Digest V2005 #173 ***************************** ------- Post messages to the list by clicking here: mailto:joni@smoe.org Unsubscribe by clicking here: mailto:joni-digest-request@smoe.org?body=unsubscribe ------- Siquomb, isn't she? (http://www.siquomb.com/siquomb.cfm)