Simple measures cut infections caught in hospitals

CHICAGO (AP) — Preventing surgery-linked infections is a major concern for hospitals and it turns out some simple measures can make a big difference.

A project at seven big hospitals reduced infections after colorectal surgeries by nearly one-third. It prevented an estimated 135 infections, saving almost $4 million, the Joint Commission hospital regulating group and the American College of Surgeons announced Wednesday. The two groups directed the 2 1/2-year project.

Solutions included having patients shower with special germ-fighting soap before surgery, and having surgery teams change gowns, gloves and instruments during operations to prevent spreading germs picked up during the procedures.

Some hospitals used special wound-protecting devices on surgery openings to keep intestine germs from reaching the skin.

The average rate of infections linked with colorectal operations at the seven hospitals dropped from about 16 percent of patients during a 10-month phase when hospitals started adopting changes to almost 11 percent once all the changes had been made.

Hospital stays for patients who got infections dropped from an average of 15 days to 13 days, which helped cut costs.

"The improvements translate into safer patient care," said Dr. Mark Chassin, president of the Joint Commission. "Now it's our job to spread these effective interventions to all hospitals."

Almost 2 million health care-related infections occur each year nationwide; more than 90,000 of these are fatal.

Besides wanting to keep patients healthy, hospitals have a monetary incentive to prevent these infections. Medicare cuts payments to hospitals that have lots of certain health care-related infections, and those cuts are expected to increase under the new health care law.

The project involved surgeries for cancer and other colorectal problems. Infections linked with colorectal surgery are particularly common because intestinal tract bacteria are so abundant.

To succeed at reducing infection rates requires hospitals to commit to changing habits, "to really look in the mirror and identify these things," said Dr. Clifford Ko of the American College of Surgeons.

The hospitals involved were Cedars-Sinai Medical Center in Los Angeles; Cleveland Clinic in Ohio; Mayo Clinic-Rochester Methodist Hospital in Rochester, Minn.; North Shore-Long Island Jewish Health System in Great Neck, NY; Northwestern Memorial Hospital in Chicago; OSF Saint Francis Medical Center in Peoria, Ill.; and Stanford Hospital & Clinics in Palo Alto, Calif.

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Online:

Joint Commission: http://www.jointcommission.org

American College of Surgeons: http://www.facs.org

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AP Medical Writer Lindsey Tanner can be reached at http://www.twitter.com/LindseyTanner

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'We had the best crop in years': Residents feel pinch after FDA shutters plant

PORTALES, N.M. (AP) — Farmers in a revered peanut-growing region along the New Mexico-Texas border should be celebrating one of the best harvests in recent memory.

Instead, millions of pounds of their prized sweet Valencia peanuts sit in barns at a peanut butter plant shuttered for two months amid a salmonella outbreak that sickened 41 people in 20 states.

Farmers are worried about getting paid for their peanuts, nearly a third the plant's 150 workers have been laid off, and residents wonder what toll an increasingly contentious showdown between the nation's largest organic peanut butter plant and federal regulators could ultimately have on the region's economy.

The tension boiled over when the Food and Drug Administration on Monday said it was suspending Sunland Inc.'s registration to operate because of repeated safety violations, meaning the plant will remain indefinitely shut down as the company appeals the decision. The company had planned to reopen some its operations this week after voluntarily recalling hundreds of products and closing its processing and peanut butter plants in late September and early October.

Many in this flat, dusty and solidly Republican farm town of about 20,000 denounce the FDA's tactics as unfair and unnecessarily heavy-handed — and become defensive about the shutdown of the largest private employer in town.

"We had the best crop in years, and then these (expletives) came in and started this," said resident and local telecomm worker Boyd Evans.

For the first time ever, the FDA is using authority granted under a 2011 food safety law signed by President Barack Obama that allows the agency to shut food operations without a court hearing.

The FDA said inspectors found samples of salmonella in 28 different locations in the plant, in 13 nut butter samples and in one sample of raw peanuts. Inspectors found improper handling of the products, unclean equipment and uncovered trailers of peanuts outside the facility that were exposed to rain and birds. Inspectors also said employees did not have access to hand-washing sinks, and dirty hands had direct contact with ready-to-package peanuts.

The FDA has inspected the plant at least four times over the past five years, each time finding violations. Michael Taylor, the FDA's deputy commissioner for foods, said the agency's inspections after the outbreak found even worse problems than what had been seen there before.

The salmonella outbreak was traced to Trader Joe's peanut butter produced at the plant. Sunland produces products for a number of national grocery and retail chains, and New Mexico Peanut Growers Association President Wayne Baker says the industry generates about $60 million in the region each year.

Valencias are a variety of peanuts that come almost exclusively from eastern New Mexico. Because of their sweet flavor, they are favored for organic and natural peanut butter products because they require few additives.

The peanut is celebrated every year at the town's annual Peanut Valley Festival, and most residents have stories related to peanuts, whether growing up on a peanut farm, helping to haul them to harvest or knowing peanut workers or farmers.

"Peanuts is, like, everything here," said local shopkeeper Brittany Mignard.

The plant's retail store remains open, although its shelves are bare of its own products. The few items remaining include peanut brittle made in Lubbock, Texas. The shelves are stocked with jelly, but no peanut butter.

Baker, who is also a Sunland board member, said the company had never been notified of any past violations. And the company has vehemently denied FDA allegations that it knowingly shipped any potentially tainted products.

Plant officials said they were blindsided by the FDA's suspension on Monday. Just hours before it was announced, the plant had announced plans to start shelling the bumper crop on Tuesday. Plant officials said they had notified the FDA last week of their plans to reopen the processing operations while waiting for approval to resume making peanut butter.

"The FDA is overreaching its power and putting out information that isn't true," Baker said. "We don't understand what is going on. We don't think we are guilty."

FDA officials wouldn't comment on his allegations, saying it was an ongoing investigation.

Food safety expert and Cornell University professor Bob Gravani said given the number of salmonella outbreaks in recent years, he believes the FDA is being heavily scrutinized about why they are not using their rules more frequently or more aggressively.

Putting aside the "he-said, she-said" between the FDA and the company, he said, "I would say suspension is warranted in this case."

This is not the first major outbreak since the FDA gained authority to pull a facility's registration in the 2011 food safety law. An outbreak of listeria in cantaloupe in 2011 is linked to at least 30 deaths and investigators found similar conditions at Jensen Farms in Colorado. Unlike Sunland, however, Jensen Farms did not attempt to restart operations after the recall and FDA investigation. The company later filed for bankruptcy.

Baker said officials have been trying for the past two months to cooperate with the FDA to get the plant reopened.

"That hasn't worked," he said. "But we are not going to give up. We are going to fight this. We have got no choice."

He said officials have begun calling the state's senators and congressman and talking with other agricultural groups about getting help in Washington with an appeal of the FDA action. No hearing has yet been scheduled.

Coburn said about 30 percent of the plant's workers were laid off Monday.

Although peanuts can be stored for a while, Coburn and Baker acknowledged that time is of the essence for getting to work on what Coburn said were "many, many millions" of pounds harvested from this year's crop.

Farmers, Baker acknowledged, are worried about getting paid. But he said Sunland has committed to paying them for their crops.

Under a worst-case scenario, he said, Sunland could sell the peanuts to other producers.

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Associated Press reporter Mary Clare Jalonick in Washington contributed to this report.

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Follow Jeri Clausing on Twitter at http://twitter.com/#!/jericlausing

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The Wii U sells out in its first week: Evidence of a Nintendo comeback?












The latest console from the videogame pioneer is flying off the shelves. But are the kids really still into Mario and Zelda?


Earlier this year, Nintendo posted its first annual loss in three decades, a grim omen for the pathbreaking videogame maker that introduced the world to classic characters like Mario, Donkey Kong, and Link. The Japanese company has struggled amidst an industry-wide decline in the sales of consoles and games, a trend partly attributed to the ever-growing popularity of tablets and smartphones. Nintendo’s last breakout success was the Wii, released in 2006, and there have been serious doubts that its successor, the Wii U, could sell as many units. However, since the Wii U went on sale in North America on Nov. 18, Nintendo has completely sold out of all 400,000 consoles shipped to retailers. “As soon as the Wii U hits the shelf, it’s selling out,” said Reggie Fils-Aime, the head of Nintendo’s U.S. operations.












The Wii U’s early success is a surprising indication of “strong demand for the company’s next generation of videogame devices,” says Ian Sherr at The Wall Street Journal. And during the week of Nov. 18, Nintendo also sold 300,000 units of the original Wii, as well as more than 500,000 units of its portable DS and 3DS systems, which could reflect a rebound in consumer demand as the economy continues its long slog of a recovery from the Great Recession. Nintendo says it expects to sell 5.5 million Wii U systems by the end of March 2013, the end of its fiscal year.


However, it’s important to remember that “Nintendo has a very dedicated audience that craves almost anything new the company has to offer, not unlike Apple’s fans,” says Nick Wingfield at The New York Times. “The real test of the Wii U’s durability will come when the product is in better supply and more casual gamers, who don’t dream about Mario and Zelda in their sleep, can more easily buy it.” In addition, rivals Sony and Microsoft are expected to unveil their new consoles sometime in 2013, putting extra pressure on Nintendo. 


And perhaps most importantly, Nintendo has to sell games. The Wii U — which retails for $ 299.99, and $ 349.99 for a more powerful model — is being sold at a loss. Nintendo hopes that users will continue to buy games in the years to come, particularly those that aren’t sold on other systems, such as the latest installments in the “Super Mario Bros.” and “Legend of Zelda” franchises. That’s among the keys to Nintendo’s future profitability.


Sources: The Los Angeles Times, The New York Times, USA Today, The Wall Street Journal


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China's party paper falls for Onion joke about Kim

BEIJING (AP) — The online version of China's Communist Party newspaper has hailed a report by The Onion naming North Korean dictator Kim Jong Un as the "Sexiest Man Alive" — not realizing it is satire.

The People's Daily on Tuesday ran a 55-page photo spread on its website in a tribute to the round-faced leader, under the headline "North Korea's top leader named The Onion's Sexiest Man Alive for 2012."

Quoting The Onion's spoof report, the Chinese newspaper wrote, "With his devastatingly handsome, round face, his boyish charm, and his strong, sturdy frame, this Pyongyang-bred heartthrob is every woman's dream come true."

"Blessed with an air of power that masks an unmistakable cute, cuddly side, Kim made this newspaper's editorial board swoon with his impeccable fashion sense, chic short hairstyle, and, of course, that famous smile," the People's Daily cited The Onion as saying.

The photos the People's Daily selected include Kim on horseback squinting into the light and Kim waving toward a military parade. In other photos, he is wearing sunglasses and smiling, or touring a facility with his wife.

People's Daily could not immediately be reached for comment. A man who answered the phone at the newspaper's duty office said he did not know anything about the report and requested queries be directed to their newsroom on Wednesday morning.

It is not the first time a state-run Chinese newspaper has fallen for a fictional report by the just-for-laughs The Onion.

In 2002, the Beijing Evening News, one of the capital city's biggest tabloids at the time, published as news the fictional account that the U.S. Congress wanted a new building and that it might leave Washington. The Onion article was a spoof of the way sports teams threaten to leave cities in order to get new stadiums.

Two months ago, Iran's semiofficial Fars news agency reprinted a story from The Onion about a supposed survey showing that most rural white Americans would rather vote for Iranian President Mahmoud Ahmadinejad than President Barack Obama. It included a quote from a fictional West Virginia resident saying he'd rather go to a baseball game with Ahmadinejad because "he takes national defense seriously."

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Judge bows out of 'pink slime' suit over ABC ties

SIOUX FALLS, S.D. (AP) — A federal judge has recused himself from presiding over a $1.2 billion defamation lawsuit against ABC because his daughter-in-law works as a producer on one of the network's morning shows.

Judge Lawrence L. Piersol recused himself from hearing the defamation lawsuit filed by South Dakota-based Beef Products Inc. against ABC because his daughter-in-law works as a producer on "Good Morning America."

The case has been reassigned to Chief Judge Karen Schreier.

Beef Products Inc. sued ABC in September over its coverage of a meat product called lean, finely textured beef. Critics have dubbed the product "pink slime." The meat processor claims the network damaged the company by misleading consumers into believing the product is unhealthy and unsafe.

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CDC: HIV spread high in young gay males

NEW YORK (AP) — Health officials say 1 in 5 new HIV infections occur in a tiny segment of the population — young men who are gay or bisexual.

The government on Tuesday released new numbers that spotlight how the spread of the AIDS virus is heavily concentrated in young males who have sex with other males. Only about a quarter of new infections in the 13-to-24 age group are from injecting drugs or heterosexual sex.

The Centers for Disease Control and Prevention said blacks represented more than half of new infections in youths. The estimates are based on 2010 figures.

Overall, new U.S. HIV infections have held steady at around 50,000 annually. About 12,000 are in teens and young adults, and most youth with HIV haven't been tested.

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Online:

CDC report: http://www.cdc.gov/vitalsigns

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W.H. blasts GOP 'obsession' with Rice

Arizona Sen. John McCain, the ranking Republican on the Senate Armed Services Committee—flanked by fellow committee …The White House sharply escalated its attacks Tuesday on Republicans trying to stop Ambassador to the United Nations Susan Rice from succeeding Hillary Rodham Clinton as secretary of state. Press secretary Jay Carney described GOP lawmakers as being gripped by a politically fueled "obsession" with a series of television appearances Rice made shortly after the deadly Sept. 11 attack on the U.S. diplomatic compound in Benghazi, Libya, in which she wrongly suggested the attack had stemmed from a demonstration over an anti-Muslim video rather than a terrorist assault.


Carney's comments came after Rice met privately on Capitol Hill with Republican senators who have said they intend to block her nomination if President Barack Obama chooses her to replace Clinton as the nation's top diplomat. Rice also acknowledged for the first time, in a written statement issued by her office, that her initial public comments on the Benghazi assault were wrong because there had been no protest outside the compound.


Carney said the U.S. still does not know who carried out the assault, which claimed the lives of Ambassador Chris Stevens and three other Americans. But he said GOP focus on Rice's early statements was a politically motivated distraction from efforts to identify those responsible for the killings.


"The questions that remain to be answered have to do with what happened in Benghazi, who was responsible for the deaths of four Americans, including our ambassador, and what steps we need to take to ensure that something like that doesn't happen again." Carney said.


In appearance after appearance, Rice said that American intelligence had pinned the blame on the assault on extremists who took advantage of a demonstration outside the facility.



Tuesday, Rice acknowledged the information initially provided by the intelligence community was wrong.


"Neither I nor anyone else in the administration intended to mislead the American people at any stage in this process, and the administration updated Congress and the American people as our assessments evolved," Rice said.


Rice, accompanied by Acting CIA Director Michael Morell, met with Republican Sens. John McCain of Arizona, Lindsey Graham of South Carolina and Kelly Ayotte of New Hampshire, who have accused Rice (and the Obama administration in general) of misleading the public by tying the assault to the video. Republicans have suggested the administration hoped to blunt the potential political impact of the attack—the first to claim the life of an American ambassador in 30 years—shortly before the presidential election.


"Bottom line: I'm more disturbed now than I was before," Graham told reporters after the meeting. "We are significantly troubled by many of the answers that we got and some that we didn't get," McCain said.


Carney shot back, saying there were "no unanswered questions" about Rice's early televised statements.


"The focus on—some might say obsession on—comments made on Sunday shows seems to me and to many to be misplaced," Carney said. "I know that Sunday shows have vaunted status in Washington, but they have almost nothing to do—in fact zero to do—with what happened in Benghazi."


And neither, to hear Carney tell it, did Rice.


"Ambassador Rice has no responsibility for collecting, analyzing and providing intelligence, nor does she have responsibility as the United States ambassador to the United Nations for diplomatic security around the globe," he said.


So why, then, did the White House anoint Rice the administration point person to answer questions about a possible intelligence failure and consular security? Why not Secretary of State Clinton? Director of National Intelligence James Clapper? Defense Secretary Leon Panetta? National Security Adviser Tom Donilon?


"She is a principal on the president's foreign policy team," Carney said.


He added, "To this day it is the assessment of this administration and of our intelligence community … that they acted at least in part in response to what they saw happening in Cairo and took advantage of that situation."


In other words, according to one well-placed source, the perpetrators of the attack may have concluded that anger at the video gave them the maximum opportunity to get sympathy or support across the Muslim world, and might even inspire copycat attacks. Rice's much-dissected Sept. 16 comments broadly follow those lines.


Obama has fiercely defended Rice, while carefully declining to say whether he has chosen her to succeed Clinton. Another leading contender is the Democratic chairman of the Senate Foreign Relations Committee, John Kerry.


McCain and Graham have pledged to try to filibuster her confirmation, but they are well short of the votes needed to do so.


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HP hit with civil securities lawsuit over Autonomy deal












SAN FRANCISCO (Reuters) – Hewlett-Packard Co was sued on Monday by an investor who claimed the company knew statements about its Autonomy acquisition were misleading and led the stock to fall, according to lawyers representing the plaintiff.


The proposed class action lawsuit was filed in a San Francisco federal court.












HP dropped a bombshell last Tuesday with an $ 8.8 billion write-down on its acquisition of British software firm Autonomy, saying the company inflated sales with improper accounting. Autonomy co-founder Mike Lynch has denied any wrongdoing.


HP bought Autonomy for a hefty $ 11.1 billion last year. HP has said it alerted regulators on both sides of the Atlantic.


The lawsuit, one of the first to be filed by investors on the Autonomy mess, said HP hid the fact it gained control of Autonomy based on financial statements that could not be relied upon. It also said that HP had not revealed to investors that it tried to undo the Autonomy agreement before it closed because of the accounting issues.


(Reporting By Dan Levine and Poornima Gupta; Editing by Gerald E. McCormick and Andre Grenon)


Tech News Headlines – Yahoo! News


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Tourists trickle into violence-hit western Myanmar

MRAUK-U, Myanmar (AP) — It was dusk in a corner of Myanmar recently shaken by some of the bloodiest sectarian violence in a generation, and a dozen Canadian tourists climbed to the top of a grassy hill, cameras ready to capture the sweeping view.

Moss-covered pagodas rose from foggy hilltops all along the horizon, their bell-shaped silhouettes dark against the blue sky. Birds flitted through lush treetops. A small throng of children played on a dirt road nearby.

From here, it was hard to tell anything was wrong.

Just six miles (10 kilometers) to the south, though, security forces have blocked roads to a village that was reportedly overrun last month by a frenzied mob of Rakhine Buddhists armed with swords and spears who beheaded Muslim civilians and slaughtered women and children.

Across western Myanmar's Rakhine state, the United Nations is distributing emergency supplies of food and shelter to terrified refugees who have fled burning homes. A nighttime curfew is in force in several townships, including Mrauk-U.

But none of that has kept a small but steady trickle of determined tourists from traveling here to ogle at the monuments of this region's glorious past.

"We heard the news before coming," Caroline Barbeau, a French-speaking social worker from Montreal, said of violence that has shaken the region since June, displacing 110,000 people from their homes.

But "we've had no problems," she said. "The people are very nice, very kind."

Asked what had touched her most, Barbeau turned pensive. "Their smiles."

Mrauk-U itself has been spared the bloodshed between Buddhist and Muslims that has scarred other parts of Rakhine state. It is calm, and for foreign tourists, safe. But the Muslims who once worked and traded here just a few months ago no longer dare set foot in the town, part of a worrying new pattern of segregation that has split the two communities.

What draws tourists to this remote place are its storied relics — hundreds of them, scattered across the hilltops. Mrauk-U is the spiritual heartland of the Rakhine, the former capital of a now-defunct Buddhist kingdom that reached its height in the 16th century. The dynasty conquered a swath of mountainous territory along what is now Myanmar's western coast, waging major battles against rival empires — including Muslims from Bengal.

Their descendants — the Buddhist Rakhine and the Muslim Rohingya — have been fighting and killing each other across this region in recent months.

The conflict centers around the question of nationality, scarce land, and some say, racism. The Rakhine consider the darker-skinned Muslims among them to be foreign intruders from Bangladesh, even though many have lived here for generations. The government denies the Rohingya citizenship, considering them "Bengalis." But Bangladesh does too, effectively rendering them stateless.

After three Muslim Rohingya men allegedly raped and murdered a Buddhist Rakhine woman in late May, violence rocked the state for a week in June, then again in October. In what may have been the bloodiest episode so far, a thousands-strong mob of Buddhists with spears, arrows and homemade guns overran the village Yan Thei, just south of Mrauk-U, razing most of it to the ground, according to Human Rights Watch.

Although the violence has subsided, tensions have not, and there are fears the worst is yet to come.

Which raises the question: Should any tourists be traveling here at all?

During Myanmar's half-century of military rule, which ended last year, only the most intrepid travelers made their way to places like Mrauk-U, and even then there was debate over whether traveling to the Southeast Asian country would bolster the oppressive junta.

But after the army ceded direct power last year to an elected but still military-dominated government, the new president embarked on a wave of widely praised democratic reforms, and the number of tourists skyrocketed.

The serene pace and historic legacy of places like this are a big part of the draw.

Even the route to Mrauk-U is worth the trip — a slow, meandering boat journey up the Kaladan River past a timeless horizon of shimmering rice fields. Thatched bamboo huts rise from the water's edge on stilts. Oxen graze. Golden pagodas rise from green hills.

Philippe Grivel, a retired Frenchman traveling solo in Rakhine state, said he was afraid not of the potential for violence, but of the possibility of missing one of Myanmar's grandest historical sites.

After the fighting began, the government banned local travel agencies from taking foreign tourists to the region. But nothing has stopped individual travelers from making the journey, and special permits have been granted to some larger tour groups.

When Grivel emailed a hotel in Mrauk-U to inquire if it was possible to visit, they told him that if the authorities didn't turn him back at the airport in Sittwe, the state capital, he was free to come.

Explorateur, the Canadian tour agency that arranged Barbeau's travel and advertises three-week trips to Myanmar called "Light and Harmony," assured its clients the trip would be safe.

And it was.

"This is still a virgin country without many tourists," said another of the Canadian tourists, a francophone from Montreal who gave only her family name, Allard, because of security concerns. "It's magnificent."

The sightseers — 12 tourists and one guide — spent several days bicycling through Mrauk-U's quaint, crumbling streets. They visited the town market. They saw nothing disturbing.

Allard, though, was surprised to learn that one of Mrauk-U's monasteries is home to more than 700 Buddhist refugees, nine of whom had just walked there after hearing rumors that Muslims armed with Molotov cocktails were readying for an assault.

The tour group did not visit the monastery. But they did express concern over the violence. Allard called the recent bloodshed "horrible."

On the eve of their final day, the group toured Mrauk-U's most famous temple, a stone labyrinth called Shittaung. Also known as the "Temple of Victory," it was built in 1535 to commemorate King Min Bin's conquest over the 12 provinces of Muslim-dominated Bengal.

As a Burmese guide explained the temple's history, the group snapped photos of the ubiquitous stone Buddhas lined up inside its dim, maze-like hallways. Some strained their necks to gaze up at the elaborate royal artwork painted on the ceilings above.

Kyaw Zaw Tun, who works at the temple and lost a brother in the October clashes, said it would normally be full of local Buddhist pilgrims at this time of year.

But its halls are almost empty, its guest book filled with, on average, one or two foreign visitors a day.

Asked if Muslims had ever visited before the violence began, he shook his head with disgust.

Never.

"If they came in here now," he said, pausing to tighten his right hand as if it were a knife about to slice meat, "chop, chop, chop."

As he spoke, the Canadians walked out of one of the temple's stone doors, one by one. They then climbed to the top of a nearby hill beside Shittaung, pulled out bottles of mineral water, and watched the sun sink beneath the hills.

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Berry's ex says he was threatened before fight

LOS ANGELES (AP) — Halle Berry's ex-boyfriend claims the actress's fiance threatened to kill him during a Thanksgiving confrontation that left him with a broken rib, bruised face and under arrest.

Gabriel Aubry's claims are included in court filings that led a judge Monday to grant a restraining order against actor Olivier Martinez, who is engaged to the Oscar-winning actress.

Aubry, 37, was arrested on suspicion of misdemeanor battery after his confrontation with Martinez on Thursday, but he states in the civil court filings that he was not the aggressor and that he was threatened and attacked without provocation. Martinez told police that Aubry had attacked first, the filings state.

A representative for Martinez could not be immediately reached for comment.

Aubry's filing claims Martinez threatened him the day before the fight at an event at his daughter's school that he and the actors attended. Aubry, a model, has a 4-year-old daughter with Berry and the former couple have been engaged in a lengthy custody battle.

The proceedings have been confidential, but Aubry states a major aspect of the case was Berry's wish to move to Paris and take her daughter with her. The request was denied Nov. 9, Berry's court filings state, and Aubry shares joint custody of the young girl.

Aubry claims Martinez told him, "You cost us $3 million," while he was punched and kicked him in the driveway of Berry's home. Aubry had gone to the home to allow his daughter to spend Thanksgiving with her mother, the filings state. Aubry claims Martinez threatened to kill him if Aubry didn't move to Paris.

Berry was not in the driveway during the confrontation and neither was their daughter, the documents state.

Photos of Aubry's face with cuts and a black eye were included in his court filing.

A judge set a hearing for Dec. 17 to consider whether a three-year restraining order should be granted. Aubry has a Dec. 13 court date for the possible battery case, which has not yet been filed by prosecutors.

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Anthony McCartney can be reached at http://twitter.com/mccartneyAP .

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