State fires contractor on tech project

SACRAMENTO – The state has fired the contractor on one of its biggest and most troubled technology projects after deep problems with the system were revealed.

The decision to terminate the contract Friday stalls the costly effort to overhaul an outdated and unstable computer network that issues paychecks and handles medical benefits for 240,000 state employees. The $371-million upgrade, known as the 21st Century Project, has fallen years behind schedule and tripled in cost.

The state has already spent at least $254 million on the project, paying more than $50 million of that to the contractor, SAP Public Services. The company was hired three years ago after the job sputtered in the hands of a previous contractor, BearingPoint.

But when SAP's program was tested last summer, it made errors at more than 100 times the rate of the aging system the state has been struggling to replace, according to state officials.

"It would be totally irresponsible to move forward," said Jacob Roper, a spokesman for the California controller.

The Times highlighted problems with the state's 21st Century Project in December, soon after officials sent a letter to SAP saying the overhaul was "in danger of collapsing."

During a trial run involving 1,300 employees, Roper said, some paychecks went to the wrong person for the wrong amount. The system canceled some medical coverage and sent child-support payments to the wrong beneficiaries.

Roper said the state also had to pay $50,000 in penalties because money was sent to retirement accounts incorrectly.

"State employees and their families were in harm's way," he said. "Taxpayers were in harm's way."

The controller's office, which oversees the upgrade, will try to recoup the money paid to SAP, Roper said. Meanwhile, officials will conduct an autopsy on the system to determine what can be salvaged.

And Senate leader Darrell Steinberg (D-Sacramento) called for a hearing to examine how so much money could be spent on the project with "apparently little to show for it."

A spokesman for SAP, Andy Kendzie, said the company was "extremely disappointed" that the controller terminated the contract.

"SAP stands behind our software and actions," Kendzie said in a statement. "SAP also believes we have satisfied all contractual obligations in this project."

Kendzie did not directly address the controller's concerns about errors during testing, nor did he say whether the company would fight any state effort to recover the $50 million.

Other California entities have struggled with SAP's work.

A $95-million plan to upgrade the Los Angeles Unified School District's payroll system with SAP software became a disaster in 2007, when some teachers were paid too much and others weren't paid at all.

More recently, Marin County officials decided to scrap their SAP-developed computer system, saying it never worked right and cost too much to maintain.

Both of those projects were managed by Deloitte Consulting.

chris.megerian@latimes.com

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Horse Meat in Food Stirs Furor in British Isles

LONDON — Few things divide British eating habits from those of continental Europe as much as a distaste for consuming horse meat, so the news that many Britons may have unknowingly done so has prompted alarm among consumers and plunged the country’s food industry into crisis.

A trickle of discoveries of horse meat in burgers, first found in Ireland last month, has turned into a steady stream, culminating in the revelation that lasagna labeled beef from one frozen food big retailer, Findus, was in some cases 100 percent horse meat.

With concern growing, the Food Standards Agency ordered retailers to test all processed food, and large notices have been displayed in British supermarkets seeking to calm worried customers.  The scandal has raised new concerns about the standards applied by the meat processing industry, and fueled worries about what exactly has been going into cheaper burgers consumed in millions in British schools, hospitals and prisons.

Meat from horses is no more harmful than that from cattle, though there were some fears — as yet not substantiated by tests — that phenylbutazone, an equine drug, could find its way into the food chain.

But the labeling of horse meat as beef has breached one of the great culinary taboos of Britain, a country that prides itself on its love of certain animals, particularly horses.

The fact that the source of the meat appears to have been mainland Europe, where the consumption of horse meat is more common, has only increased the continental divide.

“It is completely unacceptable that a product which says it’s beef lasagna turns out to be mainly horse meat,” the environment secretary, Owen Paterson, said in a statement. “Consumers have a right to expect that food is exactly what it says on the label.”

He added, “The presence of unauthorized ingredients cannot be tolerated. This is especially true when those ingredients are likely to be unacceptable to consumers, or where there is any conceivable risk to human health.”

The latest episode came to light when Findus withdrew the beef lasagna products after Comigel, its French supplier, raised concerns about the type of meat used, while maintaining that food safety was not at risk. Some supermarkets have also removed products made by Comigel.

Earlier, Irish food inspectors revealed that some horse meat, which is cheaper than beef, had been found in some burgers stocked by a number of British supermarket chains, including Tesco, Iceland and Lidl. The meat was supplied by two plants in Ireland.

After millions of burgers were removed from supermarket shelves in Ireland and Britain, Poland was identified as the source of that horse meat.

The Irish agriculture minister, Simon Coveney, said he had instructed the police to join an inquiry conducted by his department’s special investigation unit after tests on Monday evening confirmed 75 percent equine DNA in a raw material ingredient at the Rangeland Foods processing plant in County Monaghan.

That was the fifth such instance at processing plants across Ireland over the last month. The latest discovery follows similar incidents last month in the Irish Republic and in Northern Ireland, where samples from other beef processing plants contained up to 80 percent horse DNA.

On Tuesday, the chief executive of the Food Safety Authority of Ireland, Alan Reilly, said fraud was behind the mislabeling of meat, which had been traced to Poland.

“We are no longer talking about trace amounts,” he told RTE, the national broadcaster. “We are talking about horse meat. Somebody, some place is drip-feeding horse meat into the burger manufacturing industry. We don’t know exactly where this is happening.”

A Grant Thornton report released last week before the announcement on Monday of the latest discovery expressed concern about the fallout from the horse meat fiasco.

“The recent issue with traces of imported horse DNA in beef burgers could translate into millions of euro lost for the industry,” it said. 

Stephen Castle reported from London and Douglas Dalby from Dublin, Ireland.

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American Idol: Early Favorites Eliminated in Hollywood

TV Watch

American Idol

By Steve Helling

02/07/2013 at 10:30 PM EST

From left: Randy Jackson, Mariah Carey, Ryan Seacrest, Nicki Minaj and Keith Urban

Michael Becker/FOX.

At the beginning of Thursday's American Idol, there were 43 men left in the competition. The next hour was a bloodbath, with many tears and a few tantrums – as well as some standout performances. Curtis Finch Jr., for example, performed a version of Christina Perri's "Jar Of Hearts" that was arguably the strongest of the evening. It may be the season's most overdone song, yet Finch successfully infused it with a rising gospel vibe.

Like every reality show, the contestants learned valuable life lessons as they fought to stay in the game. Here are five:

1. Never Let Them See You Sweat
Paul Jolley looked like he was going to throw up when he took the stage. "I'm so nervous," he said as he fought back tears. The judges watched quietly as he pulled himself together and gave a strong performance of Carrie Underwood's "Blown Away." He advanced, but not before Nicki Minaj criticized him for showing his nerves. "You walked out so defeated and that really irritated me," she said. "Just give us one minute of professionalism."

2. Be Funny and Unexpected
Admit it: It was kind of funny watching Gurpreet Singh Sarin nail "Georgia On My Mind." The judges liked him, perhaps because he doesn't fit any mold. Neither does Charlie Askew, who worked his quirky awkwardness into an intriguing version of Gotye's "Somebody that I Used To Know," complete with a spoken-word intro. "I am obsessed with you," Minaj said, prompting Askew to respond, "Baby, I could say the same thing." She ate it up.

3. Too Much of A Good Thing Can Be Lethal
Matheus Fernandes, one of the standouts from the Los Angeles auditions, was eliminated after a shaky rendition of Kelly Clarkson's "Stronger." The 4'9" contestant made one too many self-depreciating comments about his height, prompting Minaj to say, "Sometimes things can go from being inspiring to becoming you wanting a pity party." When Carey called him a "good person," his face said it all – Fernandes knew he wouldn't be advancing to the next round. In contrast, Lazaro Arbos said nary a word about his stutter, yet he advanced easily, despite an unspectacular rendition of Lady Gaga's "Edge of Glory."

4. If You Lose, Lose Gracefully
The night's "Sour Grapes Award" goes to Papa Peachez, who performed a karaoke-worthy version of Gaga's "Yoü and I." Minaj was unimpressed. "I'm so disappointed," she said. "I don't know why you chose that song." After he was eliminated, Peachez decided he didn't want to win American Idol, after all. "This isn't the competition for me," he said. "I just don't like singing other people's songs."

5. Big Risks Can Reap Big Rewards
Nick Boddington was eliminated in Las Vegas last season, so he came back determined to take some risks. He accompanied himself on the piano while singing Grace Potter's "Stars." It was a strong performance that the judges loved.

After the dust settled, 28 contestants remained. The judges corralled them onto the stage and announced that they would eliminate eight more male contestants next week, after the ladies' auditions.

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Big Bear locked down amid manhunt

The bustling winter resort of Big Bear took on the appearance of a ghost town Thursday as surveillance aircraft buzzed overhead and police in tactical gear and carrying rifles patrolled mountain roads in convoys of SUVs, while others stood guard along major intersections.

Even before authorities had confirmed that the torched pickup truck discovered on a quiet forest road belonged to suspected gunman Christopher Dorner, 33, officials had ordered an emergency lockdown of local businesses, homes and the town's popular ski resorts. Parents were told to pick up their children from school, as rolling yellow buses might pose a target to an unpredictable fugitive on the run.

By nightfall, many residents had barricaded their doors as they prepared for a long, anxious evening.

PHOTOS: A tense manhunt amid tragic deaths

"We're all just stressed," said Andrea Burtons as she stocked up on provisions at a convenience store. "I have to go pick up my brother and get him home where we're safe."

Police ordered the lockdown about 9:30 a.m. as authorities throughout Southern California launched an immense manhunt for the former lawman, who is accused of killing three people as part of a long-standing grudge against the LAPD. Dorner is believed to have penned a long, angry manifesto on Facebook saying that he was unfairly fired from the force and was now seeking vengeance.

Forest lands surrounding Big Bear Lake are cross-hatched with fire roads and trails leading in all directions, and the snow-capped mountains can provide both cover and extreme challenges to a fugitive on foot. It was unclear whether Dorner was prepared for such rugged terrain.

Footprints were found leading from Dorner's burned pickup truck into the snow off Forest Road 2N10 and Club View Drive in Big Bear Lake.

San Bernardino County Sheriff John McMahon said that although authorities had deployed 125 officers for tracking and door-to-door searches, officers had to be mindful that the suspect may have set a trap.

"Certainly. There's always that concern and we're extremely careful and we're worried about this individual," McMahon said. "We're taking every precaution we can."

PHOTOS: A fugitive's life on Facebook

Big Bear has roughly 400 homes, but authorities guessed that only 40% are occupied year-round.

The search will probably play out with the backdrop of a winter storm that is expected to hit the area after midnight.

Up to 6 inches of snow could blanket local mountains, the National Weather Service said.

Gusts up to 50 mph could hit the region, said National Weather Service meteorologist Mark Moede, creating a wind-chill factor of 15 to 20 degrees.

Extra patrols were brought in to check vehicles coming and going from Big Bear, McMahon said, but no vehicles had been reported stolen.

"He could be anywhere at this point," McMahon said. When asked if the burned truck was a possible diversion, McMahon replied: "Anything's possible."

Dorner had no known connection to the area, authorities said.

Craig and Christine Winnegar, of Murrieta, found themselves caught up in the lockdown by accident. Craig brought his wife to Big Bear as a surprise to celebrate their 28th wedding anniversary. Their prearranged dinner was canceled when restaurant owners closed their doors out of fear.

"It's definitely scary," Christine Winnegar said.

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India Ink: Economic Growth in India to Fall to Five Percent

India’s Gross Domestic Product is expected to drop significantly to 5 percent for the fiscal year ending in March 2013, according to advance estimates released by India’s Central Statistics Office on Thursday, declining from 6.2 percent growth rate seen in 2011-2012.

The estimate by the Central Statistics Office represents a marked drop from earlier growth projections issued by the government for this year. In January, the central bank projected G.D.P. growth of 5.5 percent for the current fiscal year, a decline from an earlier estimate of 5.8 percent.

The provisional estimates are contingent upon the “anticipated level of agricultural and industrial production, analysis of budget estimates of government expenditure and performance of key sectors like, railways, transport other than railways, communication, banking and insurance, available so far,” the report said.

According to the preliminary data released on Thursday, national income registered a growth rate of 4.2 percent in the current fiscal year as compared to 6.1 percent in the previous year, and per capita income grew at a rate of 2.9 percent as compared to 4.7 percent growth last year. Meanwhile, capital investment in the country is expected to drop to 2.48 percent from 4.39 percent in the previous year.

Slow growth may be attributed to the sluggish performance of the manufacturing, agriculture and services sector. The manufacturing sector is expected to grow by 1.9 percent this year, while India’s farm sector is projected to grow at an estimated 1.8 percent.

The services sector saw a decline in its growth rate from previous years, expanding by 6.6 percent, the lowest in over a decade. Other sectors that are expected to have performed relatively poorly include electricity, gas & water supply (4.9 percent growth) and mining and quarrying (0.4 percent growth).

Sectors that have performed relatively well with a growth rate of over 5 percent are construction, the trade, hotels, transport and communication sector, the financing, insurance, real estate and business services sector, and the community, social and personal services sector.

As India prepares to for a national election in 2014, slowing economic growth is putting pressure on the current government to push for reform. The projection of 5 percent GDP growth is the lowest figure since 2002-2003 when the GDP grew at 4 percent, after which the Indian economy has grown at an average of 6 percent each year.

This year, the government has taken measures to rein in the fiscal deficit to 5.3 percent of  GDP, has raised the price of fertilizer and diesel, and has allowed further foreign investment in the retail sector by opening up the insurance, pension and aviation sectors for foreign investment. On Jan. 29, India’s central bank lowered its benchmark interest rate for the first time in nine months to fuel higher growth.

If India continues on the reform path, analysts believe that strong growth will resume in the coming year.

“The government’s advance estimates for real GDP growth at 4.9% is disappointing, especially coming on the back of a downward revision in growth for FY2012 from 6.5 percent to 6.2 percent,” said Ms. Bhupali Gursale, an economist at Angel Broking. “On a positive note though, with the government pushing ahead its reform agenda, the outlook for growth in FY2014 is likely to improve.”

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Melissa McCarthy: It Was 'So Fun' to Look So Cheesy in Identity Thief

Stylewatch
Style News Now

02/05/2013 at 05:30 PM ET

Universal Pictures

What’s funnier than Melissa McCarthy? Melissa McCarthy in ridiculous hair and makeup. And lucky for us, the star dons some crazy-bad (or good, depending on how you look at it) crunchy curls and ’80s-inspired eye shadow, blush and lipstick in her new film, Identity Thief.

“It was so fun to put all that together,” McCarthy said of her character’s beauty choices at the film’s L.A. premiere on Tuesday. But it also was labor-intensive to look that (awesomely) cheesy. “[It took] maybe two hours — an hour and a half [to put it on everyday]. Good drag takes a while!”

To create her character Diana’s signature style, McCarthy started with her frizzy, teased and permed mane. “I’m obsessed with wigs, so I started there and once I sort of locked into [a hairstyle], it was kind of more is more [when it came to makeup],” she told reporters.

When it came to Diana’s over-the-top purple and blue eyeshadow, McCarthy looked to an old soap star for inspiration. “I kept saying, ‘Donna Mills’s eyes!’ So we just kept piling [makeup] on, and then one day [the character] appeared.”

McCarthy’s reaction when she finally saw herself as the identity thief? “I thought, I’d like to spend a couple of months with her!” Tell us: Are you excited to see McCarthy’s new movie?

–Jennifer Cress, reporting by Melody Chiu

PHOTOS: SEE MORE BOLD BEAUTY LOOKS IN ‘OBSESSED OR HOT MESS’

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Village mourns latest victim of runaway tour bus crash

MOUNTAIN HOME VILLAGE — Smoke from the warm fire inside Fred Richardson's home hung in the mountain air outside his house Wednesday, masking the heartbreak inside and throughout the tiny creekside town where he lived for seven decades.

His son, Steve, grieved silently on the front porch. Along with the wind sifting through the pines and sycamores, the only other sound came from traffic winding down the mountain highway just a few blocks away — the same highway that took his father's life.

Richardson, 72, was driving to his home in the San Bernardino Mountains on Sunday evening, after wrapping up a landscaping job in Yucaipa, when an out-of-control tour bus traveling down California 38 from Big Bear smashed into his Ford pickup truck.

Richardson clung to life until Wednesday morning, when he died of massive head and chest trauma. He was the eighth fatality resulting from the horrific crash, which killed seven bus passengers.

"We're all still struggling," his son said before turning to go inside with the rest of the family.

Down the street, Richardson's older sister, Jan Fagerstedt, shared her fondest memories. Since he was a toddler, her little brother loved to fish for rainbow trout in the nearby creeks. He was a church deacon. He delivered firewood to homebound neighbors, and once helped save the town from a raging flood.

"He was the most warm-hearted man you'd ever met," she said, pausing to gather strength. "He lived a life. He lived a good moral life.... I miss my brother so."

The night of the deadly crash, Fagerstedt was outside gathering kindling when she heard commotion on the highway less than 100 feet from her home.

"I heard this terrible loud honking. I jumped. And I went in and told my husband, 'You know, I think we have a runaway truck,' " she recalled. "But it had to be that bus. A little while later that accident happened. So that bus went by here, and I heard it. And I thought, 'I hope nobody's in the way.' "

Investigators from the National Transportation Safety Board and California Highway Patrol on Wednesday began a "full mechanical breakdown" of the tour bus and other vehicles involved in Sunday's crash. Investigators continue to pore over maintenance records and interview employees of the bus company, Scapadas Magicas in National City, NTSB spokesman Eric Weiss said.

The investigation will focus heavily on the brakes and other mechanical equipment of a bus that has a history of safety violations, including faulty brakes.

CHP spokesman Mario Lopez said the bus driver, Norberto Perez, has been released from the hospital. The 52-year-old San Ysidro man has not been charged in connection with the accident, Lopez said.

The tour bus left Tijuana early Sunday with 38 passengers, including children, and was returning from the ski resort town of Big Bear Lake when the driver lost control on the sweeping, downhill bends of the mountain road. The bus clipped a sedan and then flipped, ejecting passengers, before hitting Richardson's pickup truck.

News of Richardson's death Wednesday overwhelmed his hometown. Fewer than 100 families live amid the narrow snaking roads of Mountain Home Village, a town hidden in the folds of the San Bernardino Mountains. Some homes, Richardson's among them, were hand-crafted with stones hauled up from nearby Mountain Home Creek.

California 38 used to wind right through town. And it has brought heartache to the Richardson family before.

In the 1960s, Fred Richardson's 4-year-old niece was struck and killed by a passing car after she stepped out of the town market. Another niece, Beaumont City Councilwoman Brenda Knight, was with her cousin when it happened.

"It just doesn't seem fair that a family should suffer so," she said.

phil.willon@latimes.com

Times staff writer Ari Bloomekatz contributed to this report.

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Letter from Myanmar: Reclaiming Dialogue, by Literary Light

YANGON — As the midday sun wanes over Inya Lake here in Myanmar’s biggest city, double sculls start sweeping across the water in front of the usually sedate lawns of the Inya Lake Hotel.

Last weekend, the rowers must have wondered what all the noise was about. Puppet and magic shows were taking place against a backdrop of loud music, bookstalls and cafe tables dotting the grass. Every now and then, a burst of amplified laughter or cheers emerged from the hotel’s meeting rooms.

Inside, some of the world’s leading names in literature and politics were throwing around ideas, discussing their latest books and contemplating Myanmar’s transition toward democracy after nearly half a century of military rule. It was all part of the country’s first international literary festival.

“The very fact that this is happening — I’m still in a trance,” said the Burmese poet Ko Ko Thett, who had flown in from his studies in Vienna to take part.

The Irrawaddy Literary Festival emerged from a conversation the British ambassador’s wife, Jane Heyn, had with a friend in Yangon two years earlier. Within days, Mrs. Heyn had contacted the opposition leader, Daw Aung San Suu Kyi, who had recently been released from house arrest and secured her agreement to serve as patron. Funding came from a local businessman, Serge Pun, and his Yoma Strategic Holdings, from Monument Books and others, including the British Council. Moderators were called in from Britain, India, Hong Kong and beyond, ranging from U Thaw Kaung, a venerable man of letters and former librarian at Rangoon University, to Rory Stewart, a writer and member of the British Parliament.

“The point about this is that it’s a nigh-miraculous event, given where we were five years ago, when I first came here. This was simply not conceivable,” said William Dalrymple, a prime mover of the Jaipur Literary Festival in India who recently published a history of the 1839-42 Afghan war, “Return of a King.”

He was joined in Yangon by Vikram Seth (who wrote “A Suitable Boy”), Akash Kapur (“India Becoming”) and Subha Shah (“The King in Exile,” about Burma’s last king, Thibaw). Also on hand were Jung Chang (“Wild Swans”) and Frank Dikötter (“Mao’s Great Famine”), the photojournalist Thierry Falise (“Burmese Shadows”), the travel writers Rory MacLean and Caroline Courtauld, the journalist Fergal Keane and the two of the best-known Burmese writers abroad, Thant Myint U (“The River of Lost Footsteps”) and Pascal Khoo Thwe (“From the Land of Green Ghosts”).

Burmese writers were well represented, fulfilling the organizers’ hopes that the festival would forge strong local links to carry the event into subsequent years.

Drawing the biggest crowds was Ms. Aung San Suu Kyi. She spoke of how books had been her companions in house arrest, and how she looked to them to connect her to the world.

“The books I like best are the books that make me think,” she said after describing her introduction to an avid reading life with the help of libraries at home and abroad. “Please read while you can. You never know when it will be useful.” She made an impassioned plea to support a plan for mobile libraries to bring vital reading matter all around the country.

Timothy Garton Ash, the British historian, writer and witness to the European transformations of 1989, delivered the festival’s Orwell Lecture. George Orwell’s work is well-known in Myanmar, not least for his colonial-era novel “Burmese Days.” Mr. Garton Ash said Orwell’s great lessons must now be applied in this exciting but precarious period of political change in Myanmar. These add up to a call for no violence, no euphemisms to disguise violence and, Mr. Garton Ash said, the courage to stand up not only to tyranny around us, but to new tyrannies in our minds.

Indeed, writing in Myanmar remains a political act, said the author and surgeon Ma Thida. U Pe Myint, editor of the People’s Age Journal, an independent news weekly, agreed. He warned that laws enacted under the former military-led government might still be used against journalists and writers, despite such developments as the recent dissolution of the press scrutiny board. Associates of the military are best positioned to forge new media empires and could put new freedoms at risk. Even the greater access now to the Internet, cheap DVDs and other distractions poses a threat to the reading culture that formed in part from decades of deprivation, he added.

Some of the books discussed at the festival underscored the high price many of the country’s writers have paid for the greater liberties they now enjoy. Ms. Ma Thida’s novel “The Roadmap,” published in 2011, deconstructs the military-led government’s seven-step “roadmap to democracy” in seven tart chapters about what this journey has meant for her and other dissidents and their loved ones. Beside her on the podium was the journalist Myo Myint Nyein, who recounted how his wife, weary of the struggle to earn a living and raise a family alone, sent him away when he finally returned after 12 years in prison. They have since reunited.

More than one writer noted that a striking element of the Irrawaddy festival was not just that it was taking place, but the diversity of views on display. After decades of suppression, the notion that different opinions could co-exist is profoundly radical.

Ms. Ma Thida said she wanted her country to join the world of debate, the open contest of ideas. Its authoritarian past, she said, had left it “stuck at the culture of the monologue,” where too many people push their positions without listening.

“Most people want to dictate to the people, or criticize the government,” she said. “I’m fed up with that kind of culture. I want interaction.”

At the festival, she and others made a start.

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Snoop Dogg Gets the Party Started with Ben Affleck and Jennifer Lawrence

Caught in the Act

02/06/2013 at 06:00 AM EST

Ben Affleck and Jennifer Lawrence, inset: Snoop Lion (Dogg)

Valerie Goodloe/PictureGroup; Frederick M. Brown/Getty

Guess the "O" in "O.G." stands for Oscar.

Ben Affleck and Jennifer Lawrence both attended the Hollywood Reporter's Nominees' Night 2013 at Spago in Beverly Hills on Monday.

It was a low-key affair at first, with Affleck holding court in a central area of the soiree, where he was animated while chatting with people and seemed excited and genuinely happy.

The Argo star and director, looking handsome in a suit, also obliged guests who approached him for photos.

Lawrence was spotted embracing her Silver Linings Playbook costar Julia Stiles. "You're so stunning!" Stiles told Lawrence just before taking a snapshot together.

As the evening continued, it was clear that Lawrence was the darling of event. Fellow guests were going up and telling her she is beautiful and they're so proud of her and Lawrence was ever the gracious guest, chatting with anyone who approached her.

But it wasn't until Snoop Lion (Dogg) arrived, who went by the deejay name Snoopadelic, that the party really went into full gear. After a lengthy intro that included a clip-filled video, Snoop emerged, gave an intro of his own – he praised Argo and shouted for Affleck to come take a photo with him before the night's end – and began playing an eclectic mix of songs, which included everything from Pat Benatar to 2 Chainz.

– Dahvi Shira

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Critics seek to delay NYC sugary drinks size limit

NEW YORK (AP) — Opponents are pressing to delay enforcement of the city's novel plan to crack down on supersized, sugary drinks, saying businesses shouldn't have to spend millions of dollars to comply until a court rules on whether the measure is legal.

With the rule set to take effect March 12, beverage industry, restaurant and other business groups have asked a judge to put it on hold at least until there's a ruling on their lawsuit seeking to block it altogether. The measure would bar many eateries from selling high-sugar drinks in cups or containers bigger than 16 ounces.

"It would be a tremendous waste of expense, time, and effort for our members to incur all of the harm and costs associated with the ban if this court decides that the ban is illegal," Chong Sik Le, president of the New York Korean-American Grocers Association, said in court papers filed Friday.

City lawyers are fighting the lawsuit and oppose postponing the restriction, which the city Board of Health approved in September. They said Tuesday they expect to prevail.

"The obesity epidemic kills nearly 6,000 New Yorkers each year. We see no reason to delay the Board of Health's reasonable and legal actions to combat this major, growing problem," Mark Muschenheim, a city attorney, said in a statement.

Another city lawyer, Thomas Merrill, has said officials believe businesses have had enough time to get ready for the new rule. He has noted that the city doesn't plan to seek fines until June.

Mayor Michael Bloomberg and other city officials see the first-of-its-kind limit as a coup for public health. The city's obesity rate is rising, and studies have linked sugary drinks to weight gain, they note.

"This is the biggest step a city has taken to curb obesity," Bloomberg said when the measure passed.

Soda makers and other critics view the rule as an unwarranted intrusion into people's dietary choices and an unfair, uneven burden on business. The restriction won't apply at supermarkets and many convenience stores because the city doesn't regulate them.

While the dispute plays out in court, "the impacted businesses would like some more certainty on when and how they might need to adjust operations," American Beverage Industry spokesman Christopher Gindlesperger said Tuesday.

Those adjustments are expected to cost the association's members about $600,000 in labeling and other expenses for bottles, Vice President Mike Redman said in court papers. Reconfiguring "16-ounce" cups that are actually made slightly bigger, to leave room at the top, is expected to take cup manufacturers three months to a year and cost them anywhere from more than $100,000 to several millions of dollars, Foodservice Packaging Institute President Lynn Dyer said in court documents.

Movie theaters, meanwhile, are concerned because beverages account for more than 20 percent of their overall profits and about 98 percent of soda sales are in containers greater than 16 ounces, according to Robert Sunshine, executive director of the National Association of Theatre Owners of New York State.

___

Follow Jennifer Peltz at http://twitter.com/jennpeltz

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