Chris Takacs saw this Common Yellowthroat yesterday morning along Valleybrook Avenue in Lyndhurst, by the old ballfields, while doing an informal bird count at DeKorte and environs. Other highlights included a Bald Eagle and 2 Black-crowned Night Herons. (Thanks, Chris!)
Click "Continue reading .." immediately below to see Chris' full report.
DeKorte Park and Environs
Jan. 6, 2010
Canada Goose 65
Gadwall 1
American Black Duck 50
Mallard 50
Green-winged Teal 21
Northern Shoveler 2
Canvasback 65
Hooded Merganser 34
Black-crowned Night-Heron 2
Bald Eagle 1
Northern Harrier 4
Ring-billed Gull X
Great Black-backed Gull 3
Bald Eagle 1
Northern Harrier 4
Ring-billed Gull X
Great Black-backed Gull 3
European Starling 50
Belted Kingfisher 1
Common Yellowthroat 1
American Tree Sparrow 4
Common Yellowthroat 1
American Tree Sparrow 4
Savannah Sparrow 3
Fox Sparrow (Red) 5
Fox Sparrow (Red) 5
Song Sparrow 38
White-throated Sparrow 45
White-throated Sparrow 45
White-crowned Sparrow 2
Northern Cardinal 2
Northern Cardinal 2
Red-winged Blackbird 1
American Goldfinch 1
Ed. note: I haven’t checked, but it may be that the motion was not filed until after VW and TS Tech came out, at which point the case would have been over a year old. But according to TS Tech, In re VW didn’t change the law in the Fifth Circuit with regard to venue (no seriously, it said that), so perhaps the court decided that shouldn’t provide any justification for a party’s deciding only at that advanced stage to file a motion). Interestingly, a related argument was made in the Federal Circuit’s pasf rior mandamus denial in In re Telular this spring, in which it faulted the petitioner for waiting months after the order denying its motion before it sought mandamus relief (it, too waited until In re TS Tech came out, despite the fact that Judge Ward’s orders denying transfer in the TS Tech and Telular cases came out on the same day).