. >> richard rothman and linda cutner. >> good morning commissioners and general managers. maybe it is time for good news. my name is richard rothman. i'm a city guide at coit tower but i'm speaking for myself today. i want to thank the general manager for what is going on at coit tower. when i started this for the second time a couple years ago the art commission in rec and park weren't talking. but the general manager made staff changes, now the two -- art commission and rec and park are talking, which i think is a most important accomplishment. things are moving in the right direction at coit tower. right now they are working on doing emergency repair on the roof and in the spring. you need to start restoring the murals. apparently there won't be enough funding for all the works to go about raising more money for that. the other thing that concerns me -- my wife and i worked on this in 1998. there was a report that the art commission commissioned. one of the recommendations is there be periodical inspections of the murals in the building. this did not happen and led to w

. >> richard rothman and linda cutner. >> good morning commissioners and general managers.be it is time for good news. my name is richard rothman. i'm a city guide at coit tower but i'm speaking for myself today. i want to thank the general manager for what is going on at coit tower. when i started this for the second time a couple years ago the art commission in rec and park weren't talking. but the general manager made

lori rothman. lori: merry christmas, everybody.lk about retail, everybody is talking about retail. we will be talking a little bit later on with adam shapiro following it directly, but jcpenney, everybody was assuming their model isn't working, we don't understand how the discount works, but the stock took off today down a little bit but at one point over 4%. speaker that is because they basically said they are doing a lot of promotions at jcpenney and now bringing in the foot traffic. you need shoppers to get in the store to spend the money. you can see the stock is still higher. lori: the government going to exit the interest in gm in particular, how are the u.s. automakers working out today? nicole: checkout ford today. the f-150 a popular truck. the automakers doing very nicely today. up over 4%, general motors one and a quarter percent. david: the day before christmas, everybody out shopping for bargains of some kind. one retailer hit a new 52-week high today. why did they do so well? nicole: there is one out in eastern long i

i am here with lori rothman. and he is so sharp he sleeps in a scavard. he is "maxim" magazine'sed dore in chief. a delightful magazine. and my repulsive sidekick, bill schulz. and if hilarity was a three-legged race i would enter him with my boss at the company picnic right next to me. comedian, writer and actor and that is four thicks and an extra hand. check out this hand. oh my god. look what is going on. and you would love to set him up lame. it is our new york times correspondent. >> they review hyde park on the hudson. franklin eleanor roosevelt, i kissed a cousin of mine one time and there is no shame in it. it was the summer of 1935, and we were in the south of france and passion was in the air. one thing lead to another and -- [noises]. sorry i just had a wonderful albeit disturbing flash back there. greg? >> you guys on the bus tour asked for pinch to come back. i didn't. all right, they had to get stark on a day that is dark. on tuesday san francisco's nudity ban was official prompting protesters to row spawned in the only way they know how --

lori rothman here sitting in for liz claman.e are going to start with breaking news from washington, d.c. leaders from both sides trying to reach a deal. reach edson with the very latest. rich: $800 billion in revenue increases through a tax overhaul. republicans are still opposed to any tax rate increases in this plan. in a show bipartisanship, republicans say they have co-opt these details from a plant bernsen bowls offered last year. in this letter to the president, republican leaders right this is by no means an adequate long-term solution. it will require fundamental entitlement reform. indeed, though both plant is the exact type of imperfect, but fair one without hurting our economy and creating jobs. today, the white house has demanded an offer from republicans. they now have one. back to you. llri: rich edson, and he thinks. the market is taking a breather today. dupont and 3m are the biggest draggers on the dow. early stocks rising out of the gate out of some good news out of china over the night. hitting a seven month

. >> richard rothman. >> commissioners and general manager, while we were successful in restoring our coit tower, we have another building, the mother's building at the zoo. i don't know if the commissioners are aware but the official title systematical the dalia memorial building. i think it is in honor of the former commissioner this building needs to be restored. i did research. there was an effort in '88 and '89 to restore the building. the art commission is responsible for the murals or art work in the building and reck and park owns the building, i guess it is managed by the zoo. this is another building that has multiple jurisdictions. i would hope that we could rehabilitate the building. the first two things that need to be done in my opinion while this building is a national landmark it is not a city landmark. i have talked to the landmark's board. they started a fire and would like to request the zoo committee or this commission to send alert to the planning department to urge this a city landmark . this would give it additional protection that any changes would have to go b

. >> good morning, my name is richard rothmans and i'm back again talking about the mother's building at the zoo and i think since last time i've been here, i've been hearing that things have been move ining the right direction and i want to thank everybody. i did get a chance to go into the building the end of november and i was really in a state of shock. while i know it's going to take a long time to come up with a plan, i think while i'm not an architect or a professional preservationist, i think we need between rec and park and the art commission needs to go in and look at the west wall to make sure there's no more damage, it's really -- it really upset me when i saw the damage to the west wall of the mural there, so while the city's developing a long-term plan, i think there needs to be a short-term plan to make sure that there's no more damage to the murals, and also that rec and park will support the landmarks stat to make the mother's building a city landmark, although it was a national landmark, and we also need to look at the long-term goals so we make sure that what happen

. >> i am lori rothman with your fox business brief.master 2006 merging with other gun companies to create a freedom group. samsung withdrawing request against apple. this after a federal judge yesterday denied apple to ban sales from apples styrofoam. turkey airlines placing a firm order. marking the country's single largest aircraft order. that is the latest from the fox business network. giving you the power to prosper. ♪ connell: to the breaking news. it is coming out of washington, d.c. the speaker of the house had a plan b, in terms of the fiscal cliff deal. the white house came out and said they reject plan b. dagen: again, one of the major differences, $400,000 cut off for a tax increase versus $1 million which is what the house speaker had presented to the white house. it seems as if taxes, for at least some people, will go up. connell: now we have this story that we have been meaning to talk about. users of instagram, the company is claiming ownership of the photos. shibani: a bout of people are reaching the conclusion of not

. ♪ >> im lori rothman with your fox business brief. is growing on the list of companies adding -- it remains its quarterly dividend. netflix shares jumping after morgan stanley raised its price target $25. pickup is by rating. netflix is on track to temporarily disrupt the cable ecosystem. holiday shopping impacted by hurricane sandy. wells fargo shows shoppers spent more and small retailers then they did this time last year. total u.s. resales increased. that is the latest from the fox business network. giving you the power to prosper. ♪ connell: major-league baseball renewed its contract with stubhub. the thing is, we mentioned this a couple times. not all of the big teams in the league are on board. the president of stubhub is joining us to talk about this. obviously, you are excited. the yankees have opted out. the cubs have opted out. these are big teams opting out. that is not great. >> well, i appreciate you bringing up the renewal of our partnership with major league baseball for another five years. we think that is fantastic.

lori: i am lori rothman.et a fiscal cliff deal done in one week but wall street not so sure. recession warning coming up.

melissa: you are not lori rothman? adam: and adam shapiro and four lori rothman's piece on

lori: i am lori rothman. unions come out in protest on right to work legislation. melissa: the battle for control, who will be the new leadee of the oil cartel? saudi arabia or archrival iran fighting for the top spot. lori: you heard dennis and cheryl speaking to house speaker john boehner taking to the house for questioning when president obama will "get serious in fiscal talks." there are just 20 days left until we are at risk of going over the fiscal cliff. let's get you updated on the market as we do every 15 minutes, stocks now. let's go to the floor of the new york stock exchange. the market having a good day today. nicole: indeed. we have been over the 13,300 mark but still holding onto stellar games, lori and melissa. so up triple digits up 110 points so really is a nice showing. 28 of the 30 dow components in the green. we heard from house speaker john boehner. the overall sentiment after he spoke is a few negative pieces of language in his speech that ultimately in the end he was trying to say they're trying to work it out. smooth it over, ultimately. th

adam shapiro and laureate rothman. you are finally doing something big, mcafee story. [talking over each other] lori: we love these characters. spending is the problem. those are the words of house speaker john boehner. harry reid, the democrats, of course, said we cannot ignore the american people on tax hikes. ron hine on why he says there is still no reason to panic on the cliff. our very own lou dobbs is not buying it. adam: our very own nicole petallides is on the new york stock exchange. where do we stand right now. right now the dow jones industrials are down nearly 60 points. the nasdaq composite is down three quarters of 1%. not a great day here. there are concerns about the fiscal cliff. we just have the deadline timeclock up again. we know that we have very accommodative fed's. let's take a look at some european markets. finance ministers have been discussing things including giving them more power. these are some of the things that they are looking at closely. we had seen europe really pushing some new recent highs. that is something that pushed us along in

. ♪ >> i am lori rothman with your fox business brief. it is a sea of red. driving force to turnover, one else, the fiscal cliff, now just seven days away. goldman sachs reinstating general motors with a vibrating and a $35 price target. goldman says gm will benefit from a fresh product cycle. santa claus is coming to town tonight. you will not be able to find him on google maps. norad has decided to switch for the first time. that is the latest from the fox business network. giving you the power to prosper. ♪ dagen: short trading session. let's take a look at how these markets are holding up. people are gone for the christmas holiday. the markets close at 1:00 p.m. eastern time. close all day long tomorrow. it is almost quarter till the hour. nicole: i am watching a market that is pulling back a bit. the vix, the fear index, is to the upside. there is no real catalyst to say this market will soar today. instead, it just pulls back a little bit here. here is a look at the dow jones industrials. down about 40 points right now. i also want to take a look at he

lori: i am lori rothman. president obama telling business leaders he is cheering for their success. tax hikes for the wealthy saying there will be no deal without tax rate increases. melissa: 11,000 now out of work at citi. slashing jobs taking a billion dollars charge as it repositioned oppositions. charlie gasparino tells us it is even more cuts are on the way. lori: new warnings and ethanol blended gasoline. joining us on whether you should be worried about what you put into your gas tank. let's get up to speed, back the floor of the new york stock exchange and nicole petallides. economic data on the service industry. nicole: looking good, lori and melissa. up 125 points. after two days of selling we are seeing some market action to the upside. we are above the 13,000 mark, well above that. 13,076. the nasdaq squeezing it out. concern for apple, but financials are doing well. let's take a look at the group. laying off 11,000 workers, that is the plan. a new ceo in place and he wants to make his mark. up 6.5%. it is under pressure, nowhere near $700 for the all-time high in septem

talk show host monica crowley, and fox news political analyst, angela, and fox business network lori rothman with, if we may. this fiscal cliff. the republicans, as i mentioned, they are not mounting any kind of response to the charge by the administration. >> not surprising. the republicans have been known for as long time as the stupid party, they are a hot mess, they came out of this elect on the losing end, they have done nothing to try to regroup, this affects every american's life and pocketbook, they still can't get it together with a coherent message based on their core principals, economic freedom, and liberty, if you can't stand for those, and fight for them, they have no business being one of the two major political parties. >> monica is right, the republicans have allowed obama to ccntrol the debate, we have the morale high ground and our plan, obama in 2011 talking about tax reform said we can -- we don't have to raise tax rates, we can lower tax rates by capping deducts. he said that. lou: where is coordinated action and rhetoric from the party? i'm talking about from mayors to

lori: i am lori rothman with your thoughts business brief. announcing last hour that union and management negotiators have agreed to federal mediation in a bid to end the strike at ports in los angeles and long beach, entering an eighth day as they fight for jobs they say are threatened by technology. shares of netflix reached a multi-year catalog deal with disney. netflix, the service for first run option in animated disney films. apple expanding its itunes store to 56 countries, nearly doubling its geographic reach. russia and turkey among the additions, consumers will choose from a music library of twenty billion songs. the itunes store available in 119 countries. that is the latest from the fox business network giving you the power to prosper. tracy: backlog in forecasting foreclosures in many states have bring a strong recovery in the housing market. take new york. it takes three years for a home to go through foreclosure according to realty track. nearly that long in new jersey which makes me wonder why i pay my mortgage. nationwide it

here is "fox business" network laurie rothman.orning to you. >> clayton: we always try to assess the family budget as we move into the new year. you start off with tip number one, money 101. just get back to the fundamentals. and what day say to do? >> this is what i'm expecting everybody to do as a given. now, given the fact that we don't know what our tax bill is going to be because of washington, it's important to maximize the contribution you're putting out to your 401(k) or any kind of retirement plan and manage your debt, pay down your debt. don't carry a heavy debt load. everybody should be doing that already. >> clayton: you can't not do this. maxing out your 401(k) if your company certainly matching up to 6 or 5%, whatever they're doing, this is free money and tax free that you're getting. >> absolutely. throw it another plan on top of your 401(k). do a roth ira. you can contribute 1,000 bucks plus per year tax free as well. that's a good idea. >> clayton: you talk about knowing your goal. when you do this, you need to kn

fox business' rothman and katrina on a government that gets bigger as corporate america gets smaller.ing. >> frustrating when you hear the federal government adds job at the rate you described, 95 per day, when the private sector is adding very few jobs, not nearly enough to return the economy back to full ploipt, and, avon, the latest company, as you reporting here, to talk about having to do layoffs because they deal with a slowing, not just domestic economy here, but a global economy under the strife. it is troubling. banks laying off workers. we know that bonuses on wall street will be the lowest in years. again, you got the federal government that's just adding jobs and not showing any kind of, if you look at it in this perspective, any kind of empathy, rather, for the private sector. you have to wonder. there's some reports out of rasmussen, the survey, the private sector, the majority of americans from all political parties actually do believe that the federal workers have it much better in terms of how much money they earn and average job security than average private sector w

i am lori rothman. melissa: i am melissa francis. we need a deal before christmas. neither side has talked with the other in nearly two days. towns are bracing for the fallout. tampa mayor tells us what the fiscal cliff means for his city. lori: all talking and no advancement towards a deal. frustrating. on and on and on those politicians go. we will bring you an update. tom corbett saying going over that cliff would be "absolutely frightening for the keystone state." he will join us later. melissa: president obama has been named person of the year. go figure. [talking over each other] lori: was i on the list for rock. melissa: on top. lori: let's get you updated on the markets. lauren simonetti is covering stocks for us today. >> we go break a two-day winning streak. for the s&p, it has been the best two days in more than a month. we are still a little bit more positive. traders kind of sitting on their hands digesting what we have recently had. if you look at, i say risk on because the sectors that are doing well today are once again energy and thanks. utilities n

good afternoon from lori rothman. tracy: no deal in sight.ck trading near their lowest level of the day with five days until the fiscal cliff, we hit it, we had done. washington bureau chief is going to tell us the only way he sees a deal getting done. lori: we are running against the debt ceiling again. and we just raise that? we are borrowing again. new mixed signals on the economy. jobless claims fell to a 5-year low but consumer confidence tumbled as well. the director of economic policy senior fellow kevin hasic will be joining us. tracy: the northeast digging out for several inches of snow and more is on the way. will it be at wet blanket for retailers this critical shopping weekend? time for stocks as we do every 15 minutes, back to nicole petallides on the floor of the stock exchange. 130 points, could be a lot worse considering what we have been going through. nicole: we were talking about the top of the show, confidence numbers, americans felt the lowest level in four months and what we are seeing is the fiscal cliff worries could b

president obama about the fiscal cliff yesterday, now he is talking with melissa frances and lori rothmankes it hard to breathe, but with advair, i'm breathing better. so now i can be in the scene. advair is clinically proven to help significantly improve lung function. unlike most copd medications, advair contains both an anti-inflammatory and a long-acting bronchodilator working together to help improve your lung function all day. advair won't replace fast-acting inhalers for sudden symptoms and should not be used more than twice a day. people with copd taking advair may have a higher chance of pneumonia. advair may increase your risk of osteoporosis and some eye problems. tell your doctor if you have a heart condition or high blood pressure before taking advair. if you're still having difficulty breathing, ask your doctor if including advair could help improve yourung function. get your first full prescription free and save on refills at advaircopd.com. [ engine revs ] ♪ ♪ [ male announcer ] the mercedes-benz winter event is back, with the perfect vehicle at's just right for you, no ma

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dennis: lori rothman and adam shapiro will have more on those talks at the top of the hour.te talking bucking the national foreclosure rate. the office it was for southern california. home sales volume was up 14% year over year. california governor gerri brown is not wasting any time. the 74-year-old governor is undergoing radiation treatment. his oncologist says his prognosis is -- that is your west coast minute. dennis: general orders is unveiling a new line of pickup trucks. jeff flock has the story. jeff: that is the new chevy silverado. it is the number one seller. it has these new engines and it. they will shut down four of the cylinders if you do not need all the power. saves on gas. very good. this harkens back to the old days. it was a loud unveiling. they flew up some rocks. it was kind of a cool thing. gm already has, 250,000 unsold pickup trucks. mark royce told the exclusively that the problem is the competitors have all spent a lot more on incentives and gm did. >> we missed november from an insiders standpoint. i can tell you that we are meeting the market rig

cheryl: present atlantic ceo will be joining melissa francis and lori rothman as "markets now" continuesw official, think wall street has fiscal cliff fatigue. the dow up 112 points even after the speaker of the house came on for much-anticipated address in a fit of saying a settlement, he said when will the presidents get to it? cheryl: there is actually a lot happening right now. posthouse speaker john boehner saying nothing is really happening. and all this information on hsbc. in the big news in the airline sector. melissa and lori have a good interview on that coming up. melissa: that is right. very interesting stuff. steve ridgeway coming up. the ceo. lori: will get a decision tomorrow. market loves stimulus. we have 100-point rally on the

. ♪ >> i am lori rothman with their your fox business brief. -- production has halted in that state after a temporary restraining order. it was issued after the land owner claims he was defrauded by the company. price tag 525 million. the sale is a key step to the company's effort to emerge. although cars moving. consumer complaints said that driving was what they were doing when that glass shattered. that is the latest from the fox business network. giving you the power to prosper. ♪ i always wait until the last minute. can i still ship a gift in time r christmas? yeah, sure you can. great. where's your gift? uh... whew. [ male announcer ] break from the holiday stress. ship fedex express by december 22nd for christmas delivery. dagen: we are waiting for remarks from president obama. the "wall street journal" is saying the country may be better off with no deal at all rather than a bad deal. connell: let's talk about that with the redinel editorial board member that is here in the studio. thank you for coming in. some say, be very careful for

. >> i am lori rothman with your fox business brief.higher as investors continue to focus their attention on wassington and the ongoing fiscal cliff negotiations. the dow up 14 points. a settlement has been reached in a sexual assault lawsuit followed by new york hotel maid against former imf chief. the maid claims he attacked her in his room back in may of last year. no details with sediment will remain confident she'll. he did not appear in court today but was recommended by his attorney. hockey fans getting hit and checked. new york canceling games through december 30. they continue with a total of 526 regular-season games that were scheduled for octobe october 11-december 30. that is the latest from the fox news network to be the power to prosper. the ninth receiving the nobel peace prize. fostering peace on a continent ravaged by two devastating world wars. south africa archbishop, demanding that the $1.2 million prize money not be granted this year. the eu should not receive it because it relies on military force to ensure securit

shibani: washington's in actions during traders and stocks down big today, tracy byrnes and lori rothmannute details on what is happening.

dennis: crisply done good next up for your viewing pleasure, lori rothman takes us through the next hourt why renowned harvard economist says a recession may be in the cards even if the u.s. avoids the fiscal cliff. "countdown to the closing bell" is next. ♪ [ male announcer ] where do you turn for legal matters? at legalzoom, we've created a better place to handle your legal needs. maybe you have questions about incorrating a business you'd like to start. or questions about protecting your family wita will or living trust. and you'd like to find the right attorney to help guide you along, answer any questions and offer advice. with an "a" rating from the better business bureau legalzoom helps you get personalized and affordable legal protection. in most states, legal plan attorney is available with every pernalized document o answer any questions. get started at legalzoom.com today. and now you're protected.

i'm lori rothman. tracy: i'm tracy byrnes. we've got five days left to go. cutting short his hawaiian vacation to get back to work on the fiscal cliff. you know plan b is dead. so what the heck is plan-c or is there even one at this point? lori: need a countdown clock. ho-hum, people worried about their money and keeping their wallets in their pockets. we're tracking some dismal holiday sales. tracy: plus thousands of dock workers from boston to houston threatening a huge strike as soon as this weekend. why are calling for president obama to step in. it is top of the hour. it is time for stocks as we do every 15 minutes. we head to nicole petallides on the floor of the new york stock exchange. we're starting to see the market fall down a little, right? >> we're down 36 points. the dow held the 1,000 mark pretty well here. we've had our run-up, right? for the month of december the dow still remains in positive territory though it has given back a little bit. there are concerns that are lingering pertaining to the fiscal cliff. that certainly is not going away

lori: i'm lori rothman. great to be here. connorconnell: only car salesmae worse. lori: expect a new sleigh from santa, new numbers on cars out. new month's trading here. >> amazon and ups have them, but can't find anyone to take them. >> may be surprising. top of the hour, stocks every 15 minutes, nicole on the floor, a lackluster week. >> lackluster again. mixed markets, dow and s&p 500 lower than nasdaq, but holding on. we got a report contracted, showing the lowest level of activities since july of 2009. also, taking a look at dell shares. surging more than 6% on an upgrade at goldman sachs, actually, a 180 on the stock. goldman had it at a sell for two years, upgraded to a buying and increasing the price target from $9 to $13. dell is up today. back to you. >> thank you very much. >> the majority, believe it or not of americans, have a low opinion of the lawmakers when it comes to being honest. just above pushers at the local car dealership. doug shone, what do you think of this? >> i've been in the profession a long time. i've seen it. bottom line, just one c

lori: i am lori rothman. this is the real deal. no kabuki theater here. this takes the spotlight on capitol hill with the clock counting down, any chance plan a, b will pass in time? john boehner expected to speak about the cliff in 15 minutes, we will bring those compelling comments live. melissa: the national federation of independent business met with the president yesterday about the cliff. he will join us in a moment. american banks on guard for a new round of cyberattacks. your money could be at risk. we will talk to one cybersecurity expert who helps banks, stock exchanges or more protect themselves from attack. lori: a blockbuster deal for the intercontinental exchange, taking over the 200-year-old wall street institution in an $8 billion deal. charlie gasparino has new details. let's get updated on the markets, stocks belong. as we do every 15 minutes, we will check with nicole petallides. nicole: stock market bumping along not far off of the unchanged line so the dow industrials are up nine points worth a gain of 0.1%, the tech heavy nasdaq is o

. ♪ lori: i am lori rothman with your fox business brief. wealth in the u.s.eases in stock values and home prices and portfolios and report from the federal reserve shows household debt decrease at an annual rate of 2% from july sotheby's is moving up its dividend payments to avoid higher taxes for shareholders. the company is accelerating the payment to first and second quarter dividend totaling $0.20 per share. the payout will be made on or before december 31st. a heavy-metal boost after announcing music will be added to the library. this is as the service rolls out new features that allow music to follow other users. that is the latest from the fox business network giving you the power to prosper. tracy: oil closing down $1.62 at $86.26 a barrel. today's loss is the third straight day of decline for oil. which is why we have to go to fox business contributor phil flynn in the pits of the cme. what is going on? >> they have been destroying this the last three days and it is a lot about geopolitical concerns. it is about mario draghi saying europe is going to

i'm lori rothman. we heard from president obama. did he mock congress? ashley: a little bit.day on new year's eve. not a done deal. we're making progress on an agreement. there is more work to do. the hour is. lori: fiscal cliff taking away from what has been a solid year for stocks. s&p 500 up 11 1/2%. nasdaq up 14%. accordingly we're looking for answers. ashley: apple shares clawing back from the three-month slide. baron's jack hough says the stock has more upside ahead and he will explain why. lori: as we do every 15 minutes, let's head down to the floor. diane macedo covering all the action. diane, stocks climbing ever so slightly higher. all eyes must be on washington. are investors more encouraged we will get some kind of a deal, however you want to characterize it by midnight tonight? >> hi, lori, hi, ashley. doesn't seem like it if you look at market numbers. they're hiring when we started this morning but they're actually lower before the president started speaking today. the dow is up 45 points. nasdaq is up about 32, and s&p is up about nine. not a huge amount of o

lori rothman joins us live with more. >> reporter: this settlement one of the largest in the automotive industry. toyota to pay 1.2 billion after drivers said the gas fed alwould stick and lead to unintended acceleration. at least one accident in 2010 involved a sticking pedal and unwanted exce acceleration. at part of the deal toyota admits no wrongdoing and wants to anyplace in the bud any costly lawsuits. they are facing two other lawsuits a consumer fraud suit and ans lawsuit filed by 28 states. a u.s. investigation found that driver error was largely to blame for most of the acts for sticky gas pedals. the investigation also found floor mats got in the way. toyota's reputation really suffered back in 2009, 2010. it even led to congressional hearings. toyota u.s. sales were flat at that time but they rebounded nicely with toyota joining a record year this year selling 9.7 million vehicles and predicting a sales gain of 2% in the new year. toyota stock up 41% this year, one last point here, the $1.1 billion settlement not a don deal, the agreement needs approval of a u.s. district ju