throbber
BULKY DOCUMENTS
`
`w/ Exhibits
`(exceeds 300 pages)
`
`Proceeding/ Serial No: 9 1 1 54687
`
`Filed: 08- 14-2006
`
`Title: Opposer’s Motion For Summary
`Judgment
`
`Part 3 of 13
`
`Document contains CD-Rom of exhibit no.1O and
`
`videotape of exhibit no. 8.
`
`

`
`CHILDHOOD
`
`M
`
`OLD;In a Tight Spot;Homeless kids strugg
`
`o maintain nor
`
`Page 337
`
`For many Best Eastern residents without cars, the 7—Eleven next door is their superstore. The owner gives the
`families leftover bagels sometimes. Some of the families buy bean burritos or frozen cheeseburgers to heat up.
`
`The motel children go there after school, scraping together loose change to buy Slurpees or lollipops attached to
`plastic rings. On Mother's Day, Christina gave the clerk a dollar and brought back a small teddy bear and plastic
`flower for her mother.
`
`Inside their rooms, other occupants use microwave ovens or illegal hot plates or hot pots. Or they eat out, which
`can be expensive.
`
`"It's hard because I like to make my kids nice meals. The money you spend eating out each day, you can get food
`for a week," said a woman who shares a room with five children, who asked not to be identified because she said she
`is hiding from an abusive husband. "I order Chinese food every day. I bought lunch for them and it cost me $18."
`
`Sometimes, they receive outside help. The motel's owner, Steve Tallides, who also owns a restaurant, brings
`residents food occasionally on Sundays.
`
`On a recent Sunday night, thanks to the generosity of a local architect who stops by from time to time to help the
`family, Soto made pork chops. "I try to give them a good meal at least once a week, try to cook something nice," she
`said.
`
`Living in a Small Space
`
`While families strive for normalcy, day-to—day hardships become magnified by their situation.
`
`In late April, a 5-year old boy who lives in the motel suffered first and second—degree burns on his wrist and his
`leg. His mother said he pulled a cup of hot water on himself from the room's microwave, which sits on a dresser near
`his bed. Child Protective Services is investigating the incident.
`
`He was airlifted to the bum unit at University Hospital and Medical Center at Stony Brook, treated and returned
`home after midnight to sleep with his four brothers and sisters in two double beds.
`
`The next day, with a burn the size of a golf ball on his wrist and a bandaged leg, he was in his room with the
`shades drawn. His mother, who works full time as a hotel maid, could not pick up his painkiller prescription for two
`days because she doesn't have a car. He was trying to rest, but "The Simpsons" was on television and the room was
`rumbling with activity by his four siblings. The boy's two brothers assembled a puzzle on the floor, but the pieces kept
`getting lost under the bed.
`
`"I feel like I'm living in a closet," his 9-year-old sister complained.
`
`Living in such small quarters also makes it hard to deal with the demands of school. In addition to the trouble of
`getting there, where to do homework is a constant challenge.
`
`There is no desk or quiet place to study most of the time, and the pressures of keeping up in school are often
`daunting.
`
`On a Sunday night, Soto's son, Angel, put the finishing touches on a project on deciduous forests. He melded two
`pieces of construction paper, wondering if it will be good enough to hand in. Maria, 9, wrote in an orange composition
`book. The floor is their study hall.
`‘
`
`Soto said the district wants to hold Christina back next year because she isn't keeping up with her classmates. And
`Jessica is failing three classes, her latest report card punctuated with comments like "excessive absences." She said she
`missed two weeks of school after the fire, and another week and a half after moving into the motel and waiting for bus
`transportation to get set up.
`
`Even the task of getting Soto's children prepared for school requires military precision on the part of their mother
`on the night before.
`
`One by one, Soto marched them into a small blue bathroom to take a shower or a bath. Then it was time for their
`snack: a glass of milk and a chocolate—covered doughnut.
`
`Squeaky clean in pale pink pajamas, Christina was ready for bed. She questioned where she will sleep tonight—with
`her sister Maria, or in a sleeping bag.
`
`LexisNexis“
`
`LexisNexis*"
`
`LexisNexis'"
`
`
`
`

`
`CHILDHOOD
`
`Q!
`
`OLD;In a Tight Spot;Homeless kids strugg
`
`o maintain nor
`
`Q
`
`Page 338
`
`The boys settled in on the living—room floor, forming a jigsaw puzzle of pillows and blankets. The long school bus
`ride back to Brentwood was only nine hours away.
`
`Tough on Teens
`
`As hard as homelessness can be on young children, it's particularly hard for teenagers who have no privacy and
`are isolated from longtime friends.
`
`There is no place to be alone in a motel, no place to talk on the phone with a friend. The motel telephones only
`accept incoming calls.
`-
`
`"I used to have my own bedroom, my own bathroom, my own hang—out room," Jessica said.
`
`"In a way, I wonder why God did this to me. We always lived in a house," she said, braiding Christina's hair.
`get a bad attitude sometimes, because there's no place to be alone. "
`
`''I
`
`Jessica refused her mother's request for her to take a shower the night before school. She didn't want her long,
`wavy brown hair to be flat. Instead, she preferred to get ready for school in the morning, showering at 4:30 a.m. while
`her brothers and sisters were just getting up.
`
`The night before, Jessica laid out the products she would need on a table by her bed: Suave hair mousse, lotion,
`White Rain hair spray and Lady Speed Stick. Pulling clothes from boxes and from a small closet, she tried on three
`pairs of pants and three shirts until deciding on a pair of capri pants and a denim shirt.
`
`She flashed back to her first day of classes this year after becoming homeless. She asked the bus driver to drop her
`a few feet from the front door of the school. "At first, I was embarrassed. I didn't want anyone to see me get off the
`minibus," she said. Everyone knows that the homeless kids ride on the minibus.
`
`She dreams sometimes that her father will come back and take her away from here: "When you're living someplace
`you don't want to live, you don't care where you go."
`
`Mostly, she misses her friends in Brentwood, seeing them only in school because she lives too far away now for
`them to come visit. "We used to do homework together, but now I do it by myself," she said.
`
`She often thinks about dropping out of school, but doesn't because she knows how much it would hurt her mother.
`
`''If it wasn't for her, I would. But she wants me to keep going in school so I can be somebody," said Jessica.
`
`She paused for a moment, casting a serious look at her surroundings: "She doesn't want me to end up like this
`someday." Newsday Photos/Alejandra Villa 1) Christina Reyes, one of 6 children sharing a room with their mother
`at a motel in East Quoque, waits for a school bus (A01 NS). 2) The Reyes children, from left, Angel, Michael and
`Christina, get ready to go to sleep on couches or on the floor at the Best Eastern Motel in East Quogue. 3) Christina
`Reyes munches on a hotdog. Her mother, Mariana Soto, sometimes can't cook nutritional meals for her children.
`They occasionally eat from the local 7—Eleven. 4) Mariana Soto spends time joking with her kids before getting
`them ready for bed. The kids need the rest since they wake up as early as 5:30 a.m. to prepare for the long ride to
`school. 5) Mariana Soto is consoled by a friend in a moment of frustration over her situation. Although she feels
`deeply depressed, Mariana tries to stay strong for her children. 6) After realizing that they're not being moved after
`all, Christina Reyes, 7, sits in her mother's van upset because she missed a school trip while she and her family waited
`at the motel for someone from the Department of Social Services to come and pick them up. 7) Mariana Soto helps
`her son, Michael Reyes, with his shoes while Angel Reyes tries to get all the sleep he can before the two—hour bus
`ride to school in Brentwood. 8) The motel's homeless children have converted the parking lot and surrounding areas
`into a playground. Michael Reyes hides in furniture that was removed while the motel rooms were being painted. 9)
`Christina Reyes, 7, gets her hair combed by her eldest sister, Jessica, 14, who sometimes feels she has to be a second
`mom to her younger siblings. 10) The children's clothes have been carefully placed by their mom as Michael, on the
`couch, Angel and Jose Reyes get a few extra minutes of sleep in the morning.
`
`GRAPHIC: Newsday Photos/Alejandra Villa — (see end of text)
`
`LOAD-DATE: June 18, 2001
`
`LexisNexis"‘
`
`LexisNexis'"
`
`LexisNexis'“
`
`

`
`“
`
`.
`
`Page 339
`
`145 of 1525 DOCUMENTS
`
`Copyright 2001 North Jersey Media Group Inc., All Rights Reserved
`The Record (Bergen County, NJ)
`
`June 17, 2001, SUNDAY; ALL EDITIONS
`
`SECTION: NEWS; Pg. Al
`
`LENGTH: 1620 words
`
`HEADLINE: A SINGULAR FATHER ;
`RAISING SON ALONE, HE DOESDOUBLE DUTY
`
`BYLINE: RUTH PADAWER, Staff Writer
`
`BODY:
`
`In a world seemingly filled with single parents, Brian Smith stands
`alone.
`
`Raising his 9-year-old son in a little white house in Waldwick,
`Smith long ago sculpted his work life to accommodate his precious boy,
`making time between business calls for fourth-grade math homework,
`after—school basketball games, and impromptu fishing trips to the pond
`down the hill.
`
`’
`
`In many ways, Smith is like most single parents he knows, with one
`exception: He is a man, the only one he knows raising a child alone.
`
`"Sometimes I wish I knew someone in my same situation, another
`dad," I says Smith, who won sole custody of his son, Brendan, when he was
`1 1/2 years old."There have been times I've asked single mothers for
`advice, stuff about managing time, or cooking, or setting up play dates
`but sometimes you'd like to bounce ideas off a person in your shoes.
`
`There's something comforting about hearing from someone just like you.
`
`Despite census reports that the number of single fathers leapt 62
`percent in the last 10 years, men like Smith are still something of an
`anomaly. They account for just 6 percent of families with kids under 18,
`and in his home county of Bergen, the proportion of single fathers is
`even smaller: 3 percent. Single moms nationwide account for 22 percent
`of families with school—age kids; in Bergen County, it is 12 percent.
`
`Indeed, single custodial fathers are still rare enough that the
`incidental people in Brian and Brendan Smith's lives often assume their
`family is bigger than it appears.
`
`Only last week, the barber snipping Brendan's hair turned to his
`dad and said,"Oh, you're watching Brendan for mommy today?" A month earlier, a Stride Rite saleswoman had
`cooed,"How nice of
`
`your father to help out your mom by buying your school shoes!" Each time, Brendan says,"I just laugh and take a
`lollipop. "
`
`These days, Smith picks up Brendan when the 2:55 p.m. bell rings at
`the St. Thomas More parochial school in Midland Park. Brendan's Boston
`terrier puppy, Rocky, is in the car too, eager to jump all over Brendan,
`
`LexisNexis“
`
`LexisNexis'"
`
`LexisNexis"
`
`
`
`

`
`A SINGULAR FATHEQAISING SON ALONE, HE DOESDOUBIQUTY The Record (Be
`
`Page 340
`
`
`
`cover him with slobbery licks of devotion, and finally doze in his lap.
`
`On lucky days, after a stop at UPS or Federal Express for Sn1ith's
`work as a trade-finance consultant, the three head to 7 Eleven, where,
`between chats about the school day, Brendan picks up a
`fluorescent—colored triple Slurpee, a concoction surely meant only for
`children.
`
`Usually when they arrive home, Smith heads upstairs to his office,
`so Brendan has to occupy himself. There are play dates with pals, games
`of fetch with Rocky, and layups in the driveway. At times, Brendan goes
`to Grandma's house a mile away to play catch with her, or basketball, or
`to go bowling. On days when nothing else will do, there's always dad,
`right there in the cramped attic office, surrounded by piles of work and
`photos of the boy he adores.
`
`In a l third—grade essay, which he titled"My Dad is the Greatest",
`Brendan wrote,"Sometimes when he can see that I don't have anything to
`do, he goes over to me and says, ‘Want to play ball? "
`Still, Smith worries that between running his business and running
`the household, he's not as available as he would like to be. There's
`
`shopping to do, and laundry and housecleaning, and no one to split
`those duties with. Anywhere Smith goes, whether little grocery runs or
`longer shopping trips, Brendan has to go along.
`
`"Sometimes I'm jealous of non-custodial parents, because the time
`they spend together is pure fun,"Smith says."The day—to~day
`discipline, or trying to get him to do his homework or get to bed on
`time or vacuum his room or bringing him along for all those grocery
`trips, all that falls to me. Granted, I also get more time with him, but
`sometimes I wish it were more fun."
`
`When Smith was still married, he worked 60 hours a week managing
`the international division of a regional bank. Although he considered
`himself an involved parent, his wife was the primary caregiver. She
`tended to most of Brendan's needs, from making his pediatrician
`appointments to comforting him most ably.
`
`That changed when the marriage ended. A judge granted him custody,
`noting among other things that Brendan's mother's intention to become an
`opera singer would keep her from home for long stretches.
`
`Ovemight, Smith shaved 20 hours from his workweek. He dropped
`Brendan off at day care in the morning and picked him up around 5.. In between, he found himself fielding calls from
`day care when
`Brendan was sick, or arranging play dates when he wasn't. Once, when
`Smith couldn't dodge an evening meeting and the baby-sitting arrangement
`fell through, he brought a toddling Brendan to the office, plied him
`with paper and highlighters, and sweated through the meeting.
`
`Smith's colleagues, all men, commented on the change. Some,
`especially older ones, resented his 40-hour workweek, grumbling about
`his limited availability and rolling their eyes whenever Smith left at 5
`to pick up his boy.
`
`"The whole thing was very eye—opening," Smith says."Taking care of
`a child is a lot harder than most men realize. It's more stressful and
`
`takes more constant attention 1 than you ever know if you have a wife at
`
`6"" LexisNexis‘"
`
`LexisNexis*"
`
`LexisNexis"
`
`

`
`A SINGULAR FATHEIQAISING SON ALONE, HE DOESDOUBLQUTY The Record (Be
`
`Page 341
`
`home doing the work."
`
`Eventually, Smith left the bank, opening his own consulting company
`so he could control his hours and, in time, work from home. In exchange,
`he moved from a large house to one half its size. He stopped his annual
`vacations to Europe. And he got more time with his son.
`
`During the school year, Brendan spends Tuesday afternoons and
`alternate weekends with his mom, now a school music teacher who lives 20
`
`minutes away. In summer, the schedule reverses. His parents
`relationship is amicable.
`
`Photos of Brendan and his mom, hugging, are propped atop his
`dresser. Taped to his mirror, next to the photo of his best friend, Ed,
`and another of Brendan and his dad under a sign for "America's Most
`Wanted", is a note he got at last year's Christmas concert:"To
`Brendan, Love Mommy. You were the star tonight."
`
`Brendan's mom, who asked not to be identified for privacy, comes
`to every parent—teacher conference, school play, and sports dinner. Still and all, there are some rites of passage that
`Smith alone
`
`witnesses. Walking to class on the first day of first grade, Smith
`reached for his son's hand, as he had every day of kindergarten.
`
`Brendan whispered reproachfully: "Dad! Don't hold my hand in front of my
`friends!" On weekends, father and son often head for White's Pond in the town
`
`park down the road, where a lazy stream feeds a muck-filled pond, flush
`with sunnies, bass, and trout. Dragonflies hover, mother ducks (or are
`they fathers?) herd fuzzy ducklings across the water, and geese descend
`onto the glistening surface in awesome splendor with a swoosh.
`
`Sometimes, while skipping rocks or waiting for fish to bite,
`Brendan and his dad talk about the big stuff, like about mom or
`friendships or bullies. Sometimes they just chat about good fishing
`spots or tricks for keeping night crawlers from wiggling off the hook.
`
`One week before Father's Day, they settled near the mouth of the
`pond, where the stream meanders in. Smith reminded Brendan to weave the
`hook in and out of the fat worms, then watched him cast the line. It was
`
`late in the morning, too late for an easy catch. Brendan kept at it.
`
`After a few throws, the line became tangled, and the more Brendan tried
`to fix it, the more tangled it got.
`
`"I need some major help, Dad,"Brendan said.
`
`And dad, doing what good dads do, helped.
`
`(SIDEBAR, PAGE a13)
`
`Single fathers struggle to be seen and heard
`
`.
`By RUTH PADAWER
`Staff Writer. Some 2.2 million fathers raise their children without a spouse
`present, the newest census reports, at a time when fatherhood in America
`is being more closely scrutinized than ever before.
`
`But most of the public discussion centers on absent fathers; three
`in 10 American children live with no dad at all.
`
`LexisNe><is"*
`
`LexisNexis*"
`
`LexisNexis'"
`
`

`
`A SINGULAR FATHEIQAISING SON ALONE, HE DOESDOUBLQUTY The Record (Be
`
`Page 342
`
`"We don't register on anybody's radar screen/‘said John Sims,
`executive director of the national Single and Custodial Fathers
`Network."It's like we're totally non—existent. I just came from a
`conference in D.C. on fatherhood, a big deal, with President Bush there
`where they mentioned absolutely every kind of father there 1 is except
`single dads."
`
`Ten years ago, Sims started his group and its Web site after
`becoming a single father and finding no one else in his situation, and
`no organization to help. Four hours after he created the site, he met
`his first fellow single dad, a guy from Alabama who understood Sims like
`no one else had.
`
`Today, 3,000 men from across the country are members of the
`non—profit group, using its"virtual "forums on time management,
`balancing work and home, parenting, favorite quick recipes, and handling
`dating.
`
`Others discuss society's relentless assumption that fathers can't
`be nurturing parents, or the way schools and other parents often don't
`accept that the father is the primary parent.
`
`"I used to have a shirt that said, ‘I'm not a baby sitter. I'm a
`dad, "
`said Sims, from Pittsburgh."I wore it out."
`
`Of course, for many American kids, the idea of a father front and
`center is hard to imagine. One recent study by the National Fatherhood
`Initiative concluded that by the time typical American children reach 6
`years old, they will have spent more time watching TV than they will
`spend talking to their fathers over their entire lifetime.
`
`Sims Web site can be reached at www.scfn.org.
`
`GRAPHIC: 1 — COLOR PHOTO — CARMINE GALASSO / STAFF PHOFOGRAPHER — Brian Smith with his son,
`
`Brendan, 9, on a fishing outing at White's Pond in Waldwick. He won sole custody of Brendan when he was 1 1/2.
`2 - PHOTO — CARMINE GALASSO / STAFF PHOTOGRAPHER — Brian and Brendan Smith with Rocky. Brian
`Smith works from home to be near his son.
`
`LOAD-DATE: June 18, 2001
`
`6” LexisNe><is“
`
`LexisNexis'"
`
`LexisNexis"
`
`
`
`

`
`0
`
`.
`
`Page 343
`
`146 of 1525 DOCUMENTS
`
`Copyright 2001 Stem Publishing, Inc.
`Seattle Weekly
`
`lung 7, 2001, Thursday
`
`SECTION: Columns; Pg. 135
`
`LENGTH: 728 words
`
`HEADLINE: DATEGIRL
`
`BYLINE: JUDY MCGUIRE
`
`BODY:
`
`i'm a yutz
`
`BY JUDY MCGUIRE
`
`Just last week I declared my current pararnour history, and then what happens? He redeems himself in such an
`amazing manner that it threw me into a fear—of—commitment-induced hyperventilation tizzy so scary we both thought
`I'd have to be hospitalized! Oy. Then this big—time Mr. Showbiz Agent Guy calls and wants to meet for drinks, and
`what do I do but decide to grab lunch at the local hipster coffee shop. It's never a good idea to take food from someone
`who has more tattoos than you—those places should be avoided for anything more solid than cappuccino foam. While it
`tasted just delightful going down, by the time cocktail hour rolled around, my seemingly innocent little tuna sandwich
`had morphed into a roiling ball of scuzz, hell—bent on shooting its way back out my mouth. Just try to be charming
`and witty when all you can concentrate on is not projectile-vomiting bad fish onto a nice man's blue suit. And as if I
`hadn't been wrong enough lately, a couple weeks ago I bemoaned the fact that all the relationship—oriented self-help
`books are marketed toward women—then what do I get in the mail but Esquire's Things a Man Should Know About
`Sex. I stand corrected.
`
`This tiny little tome is jam—packed with helpful hints for men who fuck women. Unfortunately, it may also be one
`of the most idiotic guides I've ever read. Example: "Sodomy of the oral variety shall hereafter be known as a Slurg."
`What? Read on: "Appropriate euphemism for womanly bits: Snoopy." Is this a guide for sexually precocious
`kindergartners or repressed half—wits who don't know the difference between _'/'_-1_1 and 69? Note to men everywhere: I
`don't know any dame who wants her twat to be termed something out of a Peanuts cartoon. Other euphemisms include
`"golden winnebagos" (breasts—at least I think they're talking tits) and "you—know-what's" (orgasrns—something I'm
`guessing is in short supply amongst the girlfriends of the men who penned this dreck).
`
`2'
`
`As I looked through the pages, I realized that although this book is ostensibly marketed toward guys, the content
`gives it away—admonishing men to cuddle, listen, and not watch television while going at it. This is actually a
`handbook for broads to bestow upon their wayward laddies. After all, what kind of pantywaist is going to belly up to
`the Barnes & Noble counter and hand 10 clams over to a smirking cashier for a how-to—fuck book?
`
`Now that I've convinced you that your time is better (and more cheaply) spent asking me questions about your sex
`life, I'll get down to the business of solving problems:
`
`Dear Dategirl,
`
`I have been with my present lady since last June and we are getting married on the 30th of June, 2001, and I have
`some wedding jitters. My fiancee has told me she doesn't have any jitters. My step mom has told me it is nomial. I
`love my present lady and wonder what will me being married a second time feel like? She has lived with me for the
`past three months. Will I feel any different? Could you answer this for me and publish it, but only sign my initials,
`dsl? I think it would help a lot of people who read your column each week.
`
`LexisNexis’"
`
`LexisNexis'"
`
`LexisNexis"
`
`

`
`Q
`
`DA. <GIRL Seattle Weekly June 7, 2001, Thursday
`
`0
`
`Page 344
`
`Uh, OK, "dsl." Only because you sent your fairly dull letter twice and seem rather desperate for an answer, I'm
`gonna tell you what I think: I have not a clue as to whether you'll feel any different once you walk down the aisle-
`maybe you will, maybe you won't. But as I've never taken the marital plunge, I asked my boss, a man who's blissfully
`married to his second wife, to read your query and provide input. After staring quizzically at the page, he scoffed, "I
`think he's also going to be worrying about marriages three and four." Not too terribly helpful, that boss 0' mine.
`
`I recently attended my friend Travis‘ second wedding, so I called him for his always-sensitive take on things.
`"Most women are psychotic before their wedding and then filled with triumph after they actually nail the guy. Most
`men are calm beforehand and then filled with terror." Uh, OK, Travis, but this time it's the guy who's nervous. What
`should he do, I implored. "It's like jumping off a cliff—close your eyes and do it." Just don't forget to Slurpee her
`Snoopy once in a while!
`
` Got jitters? Write Dategirl at dategirl@seattleweekly.com or Dategirl, c/o Seattle Weekly, 1008 Western, Ste. 300,
`
`Seattle, WA 98104.
`
`LOAD—DATE: June 11, 2001
`
`I @'"LexisNexis" ¢'"LexisNexis'"
`
`é'"LexisNexis'"
`
`

`
`O
`
`u
`
`Page 345
`
`147 of 1525 DOCUMENTS
`
`Copyright 2001 Brunico Communications, Inc.
`Strategy
`
`@135 4, 2001
`
`SECTION: News; Youth marketingPg. 12
`
`LENGTH: 1013 words
`
`HEADLINE: 7—Eleven courts kids
`
`BYLINE: Lisa D'Innocenzo
`
`BODY:
`
`Retailer aims to lure teens inside with hot—off—the—mark trendy products and new private-label brands
`
`
`
`In plaza—happy suburbia, teens habitually hang out in 7—Eleven parking lots.
`
`Now the giant chain, which sells everything from its well-known Big Gulps, Slurpees and the usual convenience-
`store fare, to makeup, sunglasses and pantyhose, hopes to entice more teens to cross its threshold with new private-
`label brands, as well as trendy products exclusive to the retailer.
`
`"It's important to keep on the leading edge and provide what customers want," says Trish Lee, communications
`manager at 7—Eleven Canada in Vancouver, adding that the company leverages its global buying power to help get
`early deliveries. "You need to have the right products at the right time." Lee says 7—Eleven attempts to get the next
`all-the—rage items 60 to 90 days before the competition does.
`
`The teen market is thriving; last year south of the border, 12—to—19—year—olds collectively spent $155 billion US,
`according to Teen Research Unlimited, a marketing—research firm based in Northbrook, Ill. As a result, 7—Eleven
`likely sees an opportunity to court kids, says Max Valiquette, president of Toronto—based marketing consultancy
`Youthography. He adds that it likely faces competition not only from other convenience stores, but also from specialty
`and grocery shops. "Young people will hang out at a 7—Eleven if it's close to home or school, but no one in the
`convenience store category has figured out a way to properly service this market and give it what it wants."
`
`For her part, Lee says 7—Eleven aims to be a destination by keeping its finger on the pulse of pop culture, figuring
`out what's up—and—coming and building awareness among youth, so if teens see a product on TV, they know they can
`find it at the neighbourhood 7—Eleven.
`
`For instance, this month the chain, which has 495 stores across Canada and an even larger presence in the U.S.,
`aims to be the first to introduce the latest launch from BellyWashers, a vitamin C drink that caters to youth by splashing
`colourful images of kid-friendly characters on its reusable plastic bottles. This time, a trio of cute—but—tough—as—nails
`superhero cartoon characters, The Powerpuff Girls, have its stage.
`
`Kathy Ver Eecke, VP of marketing for BellyWashers in Atlanta, Ga. , says the brand gives 7-Eleven's Hawaii stores
`a 30-to 45—day lead on product and will likely expand this strategy with the chain. "lt's certainly something we're
`perfectly happy to do, and we will do more in the future," she says, adding that BellyWashers will advertise 7—Eleven
`exclusives on its Web site.
`
`Although the Powerpuff Girls isn't an "exclusive" arrangement per se, meaning the retailer likely won't have the
`product 30 days before its rivals, Lee believes that when kids see the item advertised, they will know what to do: hop
`on their scooters and head over to the nearest "Sev. "
`
`What will inspire them to do that? According to Lee, the chain works hard to develop a reputation among early
`adopters by flagging hot new exclusives in radio ad campaigns created by AOR Bryant, Fulton & Shee Advertising
`
`LexisNexis*"
`
`LexisNexis'"
`
`LexisNexis'"
`
`, {.4
`
`

`
`‘-Eleven courts kids Strategy June 4, 2001
`
`.
`
`Page 346
`
`
`
`in Vancouver. This is reinforced through point—of—purchase in the store, where the latest cool products are tagged as
`"new items" with signs that slide into shelf rails. "We direct customers, so they know that when they see these tags, a
`new product is on the shelf," says Lee.
`
`Also on the agenda to lure youth into stores this summer: Britney Spears—branded fountain cups through a
`partnership with Pepsi — the cleavage-exposing pop diva is a spokesperson for the cola manufacturer — and Mountain
`Dew Code Red Slurpees, featuring the soft-—drink company's new cherry flavour launched last month.
`
`Proprietary labels, which include the retailer's popular Big Gulp and Slurrgg, account for a high percentage of the
`chain's sales. A press release from 7-Eleven's headquarters in Dallas reports that the retailer sells ll-million fig
`monthly. Private—label products also tend to be advertised on radio commercials, where they are tagged as "only at k
`Eleven." According to Lee, these spots drive store traffic.
`
`igear sunglasses and Heaven Sent pantyhose,
`Recently, 7-Eleven introduced two new private label collections:
`which it hopes will appeal to its 18-to 34-year-old customer, as well as a younger set. "It's part of popular culture for
`teens to go to 7-Eleven and get a quick bite, a Slurg and meet their friends," says Lee. "Now they can pick up their
`sunglasses or pantyhose."
`
`Lee says the pantyhose, which are crammed into a small, plastic package, were developed with convenience in
`mind. "As you build brands speaking to the convenience of customers, you're also building the brand of 7-Eleven."
`
`But Valiquette warns that the success of a private label depends on its relevance to the youth demographic. He
`doesn't see a problem with sunglasses, but says young women may not feel comfortable buying pantyhose in front of
`their peers. "That just seems like an invitation to get mocked," he says. "lt would be tough for 7-Eleven to create a
`really cool youth brand, but they will be able to create a serviceable one. As long as it's done properly." The reason
`7-Eleven isn't likely to strike gold with a youth proprietary line is because it is a brand warehouse, as opposed to a
`brand creator, he explains. "You don't go there to buy private label, you go there to buy the brands they carry."
`
`Valiquette also believes it will be a challenge for the chain to make deep inroads with teens through product
`exclusives.
`''If all they have is 60 days, I wonder if they could create enough buzz around it to have an impact on
`sales," he says. "It depends on to what extent they publicize it."
`
`Despite its efforts so far, the retailer hasn't become a destination for kids yet, he adds. "There hasn't been a lengthy
`strategy that has had a grand effect on how youth feel about 7-Eleven. It's convenience. It doesn't have a brand
`personality to develop from and that just [makes it] difficult."
`
`LOAD-DATE: June 4, 2001
`
`@’“LexisNexis*" A LexisNexis'" LexisNexis"‘
`
`

`
`.
`
`.
`
`Page 347
`
`148 of 1525 DOCUMENTS
`
`Copyright 2001 CanWest Interactive, a division of
`CanWest Global Communications Corp.
`All Rights Reserved
`Calgary Herald (Alberta, Canada)
`
`June 3, 2001 Sunday FINAL EDITION
`
`SECTION: ARTS & STYLE, Pg. C6
`
`LENGTH: 622 words
`
`HEADLINE: For the love of dance: Hard work is just one of the steps kids must learn on their way to a career in
`ballet
`
`BYLINE: Maureen DePatie
`
`SOURCE: Calgary Herald
`
`BODY:
`
`[/
`
`'4I
`
`.
`
`You see Calgary's kids inall theusual places, doing theusual things—buying Slug atthe 7—Eleven, strolling
`
`the mall, going to movies. But concealed behind the similar activities and copy—cat fashions lie the unique abilities of
`Calgary's most talented young people.
`One may be a computer whiz or a master mechanic. There's bound to be a promising hockey goalie in the crowd
`and a future scientist.
`
`Still others are future Karen Kains or Rex Harringtons — regular kids whose goal is to be the ballet stars of the
`future.
`
`For them, when the end—of—day school bell sounds, a transformation begins. Instead of heading home to hang out
`or watch TV, ballet students are on their way to dance class. There — sometimes as often as six days a week — they
`become magically elegant and athletic individuals leaping and spinning across studio floors.
`
`And on occasion — especially during the spring recital season — they are clad in masses of tulle and tiaras or
`costumed as everything from romantic heroes and heroines to fighting mice.
`
`"It's nice to get to be in front of an audience now because you work so hard without anyone really seeing what
`you're doing all year long," says 12-year-old Rene Rapier, who has been a student at the Alberta Ballet School of
`Dance for 10 years. "It gives you a chance to finally show what you've learned to your family and friends. The
`costumes and makeup are fun, too, because they make you feel special, more like a professional dancer."
`
`But for all the glamour and drama of performing, it is also a study in discipline and dedication.
`
`"They choose to be there because they love it," says Rene's mother, Teri Jordan. "When people hear that she takes
`11 classes a week plus has tons of regular homework .
`.
`. they often assume that it's a parent behind the scenes living
`a dream through their child.
`
`"The kids are there,

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket