Waiter Michael Garcia Refuses to Serve Man Who Insulted Boy with Down Syndrome

By Dahvi Shira

01/26/2013 at 09:00 AM EST

Waiter Michael Garcia made his regular customer Kim Castillo feel like family last week at the Houston restaurant Laurenzo's Prime Rib.

Castillo was eating there with her husband and their 5-year-old son Milo when several waiters came by their table to chat. Milo, who has Down syndrome, has slightly delayed speech. He showed off some new words, while talking about his recent birthday.

The chatter apparently displeased a nearby customer, who, according to NBC affiliate KPRC-TV, said, "Special needs children need to be special somewhere else."

Once Garcia heard the man's comment, "My personal feelings took over, and I told him, 'I'm not going to be able to serve you, Sir,' " he told the news channel. "[I said], 'How could you say that? How could you say that about a beautiful 5-year-old angel?' "

Castillo, "impressed" with Garcia's actions, says the waiter "put [his] job on the line … to stand up for somebody else."

Calling the man who insulted her son, "ignorant," Castillo adds, "I know Michael [stood up for Milo] from his heart, and from reacting to the situation. I don't think he stopped and thought about what he was doing."

Following the incident, Castillo wrote a blog post defending her son.

"Was he loud? Maybe a little in the moment, but honestly, the adults at our table were three times louder than he was," she said. "If he had been obnoxious, which like any other 5-year-old he can be, I wouldn't have thought twice about the family asking to move."

Meanwhile the restaurant's Facebook page has lit up with praise for Garcia and the supportive staff there.

"I am a Father of a special needs child and I applaud you and your employee, Michael Garcia, for standing up to intolerance and helping to educate people who fear the most precious of all children, those with special needs and disabilities," read one post.

He added, "Although I am a resident of California, I work for a [company] headquartered in Texas and am there on occasion for business. I will be sure to drop by and say hello and thank you when in town!"

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CDC: Flu seems to level off except in the West

New government figures show that flu cases seem to be leveling off nationwide. Flu activity is declining in most regions although still rising in the West.

The Centers for Disease Control and Prevention says hospitalizations and deaths spiked again last week, especially among the elderly. The CDC says quick treatment with antiviral medicines is important, in particular for the very young or old. The season's first flu case resistant to treatment with Tamiflu was reported Friday.

Eight more children have died from the flu, bringing this season's total pediatric deaths to 37. About 100 children die in an average flu season.

There is still vaccine available although it may be hard to find. The CDC has a website that can help.

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CDC: http://www.cdc.gov/flu/

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Wall Street Week Ahead: Bears hibernate as stocks near record highs

NEW YORK (Reuters) - Stocks have been on a tear in January, moving major indexes within striking distance of all-time highs. The bearish case is a difficult one to make right now.

Earnings have exceeded expectations, the housing and labor markets have strengthened, lawmakers in Washington no longer seem to be the roadblock that they were for most of 2012, and money has returned to stock funds again.

The Standard & Poor's 500 Index <.spx> has gained 5.4 percent this year and closed above 1,500 - climbing to the spot where Wall Street strategists expected it to be by mid-year. The Dow Jones industrial average <.dji> is 2.2 percent away from all-time highs reached in October 2007. The Dow ended Friday's session at 13,895.98, its highest close since October 31, 2007.

The S&P has risen for four straight weeks and eight consecutive sessions, the longest streak of days since 2004. On Friday, the benchmark S&P 500 ended at 1,502.96 - its first close above 1,500 in more than five years.

"Once we break above a resistance level at 1,510, we dramatically increase the probability that we break the highs of 2007," said Walter Zimmermann, technical analyst at United-ICAP, in Jersey City, New Jersey. "That may be the start of a rise that could take equities near 1,800 within the next few years."

The most recent Reuters poll of Wall Street strategists estimated the benchmark index would rise to 1,550 by year-end, a target that is 3.1 percent away from current levels. That would put the S&P 500 a stone's throw from the index's all-time intraday high of 1,576.09 reached on October 11, 2007.

The new year has brought a sharp increase in flows into U.S. equity mutual funds, and that has helped stocks rack up four straight weeks of gains, with strength in big- and small-caps alike.

That's not to say there aren't concerns. Economic growth has been steady, but not as strong as many had hoped. The household unemployment rate remains high at 7.8 percent. And more than 75 percent of the stocks in the S&P 500 are above their 26-week highs, suggesting the buying has come too far, too fast.

MUTUAL FUND INVESTORS COME BACK

All 10 S&P 500 industry sectors are higher in 2013, in part because of new money flowing into equity funds. Investors in U.S.-based funds committed $3.66 billion to stock mutual funds in the latest week, the third straight week of big gains for the funds, data from Thomson Reuters' Lipper service showed on Thursday.

Energy shares <.5sp10> lead the way with a gain of 6.6 percent, followed by industrials <.5sp20>, up 6.3 percent. Telecom <.5sp50>, a defensive play that underperforms in periods of growth, is the weakest sector - up 0.1 percent for the year.

More than 350 stocks hit new highs on Friday alone on the New York Stock Exchange. The Dow Jones Transportation Average <.djt> recently climbed to an all-time high, with stocks in this sector and other economic bellwethers posting strong gains almost daily.

"If you peel back the onion a little bit, you start to look at companies like Precision Castparts , Honeywell , 3M Co and Illinois Tool Works - these are big, broad-based industrial companies in the U.S. and they are all hitting new highs, and doing very well. That is the real story," said Mike Binger, portfolio manager at Gradient Investments, in Shoreview, Minnesota.

The gains have run across asset sizes as well. The S&P small-cap index <.spcy> has jumped 6.7 percent and the S&P mid-cap index <.mid> has shot up 7.5 percent so far this year.

Exchange-traded funds have seen year-to-date inflows of $15.6 billion, with fairly even flows across the small-, mid- and large-cap categories, according to Nicholas Colas, chief market strategist at the ConvergEx Group, in New York.

"Investors aren't really differentiating among asset sizes. They just want broad equity exposure," Colas said.

The market has shown resilience to weak news. On Thursday, the S&P 500 held steady despite a 12 percent slide in shares of Apple after the iPhone and iPad maker's results. The tech giant is heavily weighted in both the S&P 500 and Nasdaq 100 <.ndx> and in the past, its drop has suffocated stocks' broader gains.

JOBS DATA MAY TEST THE RALLY

In the last few days, the ratio of stocks hitting new highs versus those hitting new lows on a daily basis has started to diminish - a potential sign that the rally is narrowing to fewer names - and could be running out of gas.

Investors have also cited sentiment surveys that indicate high levels of bullishness among newsletter writers, a contrarian indicator, and momentum indicators are starting to also suggest the rally has perhaps come too far.

The market's resilience could be tested next week with Friday's release of the January non-farm payrolls report. About 155,000 jobs are seen being added in the month and the unemployment rate is expected to hold steady at 7.8 percent.

"Staying over 1,500 sends up a flag of profit taking," said Jerry Harris, president of asset management at Sterne Agee, in Birmingham, Alabama. "Since recent jobless claims have made us optimistic on payrolls, if that doesn't come through, it will be a real risk to the rally."

A number of marquee names will report earnings next week, including bellwether companies such as Caterpillar Inc , Amazon.com Inc , Ford Motor Co and Pfizer Inc .

On a historic basis, valuations remain relatively low - the S&P 500's current price-to-earnings ratio sits at 15.66, which is just a tad above the historic level of 15.

Worries about the U.S. stock market's recent strength do not mean the market is in a bubble. Investors clearly don't feel that way at the moment.

"We're seeing more interest in equities overall, and a lot of flows from bonds into stocks," said Paul Zemsky, who helps oversee $445 billion as the New York-based head of asset allocation at ING Investment Management. "We've been increasing our exposure to risky assets."

For the week, the Dow climbed 1.8 percent, the S&P 500 rose 1.1 percent and the Nasdaq advanced 0.5 percent.

(Reporting by Ryan Vlastelica; Additional reporting by Chuck Mikolajczak; Editing by Jan Paschal)

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Syrian Refugees Entering Jordan in Record Numbers, U.N. Says

GENEVA — Syrians are fleeing into Jordan in record numbers to escape escalating violence and destruction that is making it increasingly difficult for civilians to survive, the United Nations refugee agency said on Friday.

More than 4,000 Syrians arrived at a camp in Zaatari in northern Jordan on Thursday and another 2,000 people overnight, Melissa Fleming, the spokeswoman for the United Nations High Commissioner for Refugees, said.

The influx, consisting mainly of families led by women, brought to more than 30,000 the number of Syrians reaching Zaatari this month, close to double the number who arrived in December, Ms. Fleming said.

Many had come from the city and suburbs of Daraa, Ms. Fleming said, and described a “real day-to-day struggle to survive” in the face of combat damage, the closure of medical facilities and shortages of food, water and electricity.

The Zaatari camp, which opened in July, already has some 65,000 people and the agency said it is working with Jordanian authorities to open a second camp by the end of the month to initially accommodate 5,000 refugees and eventually serve some 30,000 people.

Many families arrive with young children or babies, and Zaatari has recorded seven to 10 babies born every day over the past month, according to Ms. Fleming. Many Syrians arrived sick because of the collapse of medical services. Three children died in the camp this week, including a two-day old infant, she said.

The refugee agency reported it is also working double shifts to try to register Syrians who are living elsewhere in Jordan and expects to have 50,000 on its books by the end of February but it noted that Jordanian authorities say 300,000 Syrians have now entered the country.

Jordan’s fears for the impact of this influx on its own stability surfaced last week when Prime Minister Abdullah Ensour said that if the Syrian government collapsed it would not allow refugees to cross its border, but that it would use its military to create safe havens inside Syria for those displaced by conflict.

The number of Syrian refugees in the region is approaching 700,000, the refugee agency said, with 221,000 registered as refugees in Lebanon, 156,000 in Turkey and 76,000 in Iraq.

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Matt Damon Takes Over Jimmy Kimmel Live

TV Watch

By Stephen M. Silverman

01/25/2013 at 08:00 AM EST

Matt Damon (foreground) and Jimmy Kimmel

Matt Damon more than made up for his decade of being bumped from Jimmy Kimmel Live.

Declaring "I am in command of this ship," Damon not only hijacked the show Thursday night, but he brought along a little big-name help.

Ben Affleck, Jennifer Lopez, Nicole Kidman, Demi Moore, Amy Adams, Sally Field, Robert De Niro, Don Cheadle, John Krasinski and Oprah Winfrey all played a part.

Andy Garcia sat in as sidekick. Sheryl Crow led the band.

And where was Kimmel? Oh, he was there, all right: gagged and tied on the back of the set, as Damon took over.

"Just for starters," Damon told the ecstatic in-studio crowd, "let me ask you guys this: As an audience, is it weird to see a person with actual talent host this show?"

Admitting he'd been waiting a long time to do this, Damon – before turning his monologue over to Robin Williams – struck a personal note and said, "This is like the time I lost my virginity, except this is going to last way longer than one second."

Damon, tongue planted firmly in cheek for this all-star publicity stunt – earlier this month, Kimmel's show was moved into direct competition with CBS's David Letterman and NBC's Jay Leno – explained the basis for the Kimmel-Damon feud. The comic always wanted to be an actor, claimed Damon.

"I beat him out for every role he ever truly wanted," said the Bourne series star, now starring with Krasinski in Promised Land. "Jimmy has auditioned for every movie I've ever been in, every single one of them. How many did he get? None. So, he hates me."

Then there was the matter of Kimmel's ex, comedian Sarah Silverman, who in 2008 memorably sang a song about cheating with Matt Damon. (Kimmel retaliated at the time by saying he was "dating" Ben Affleck.) Silverman just happened to be Thursday night's guest.

"Is there anything you'd like to say to Jimmy?" Damon asked her, with Kimmel still held firmly in place, squirming. "He's a captive audience."

Replied Silverman: "No, I'm good."

Check out another hilarious moment with Affleck, who trick Damon into saying something nice about his captive:

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Penalty could keep smokers out of health overhaul

WASHINGTON (AP) — Millions of smokers could be priced out of health insurance because of tobacco penalties in President Barack Obama's health care law, according to experts who are just now teasing out the potential impact of a little-noted provision in the massive legislation.

The Affordable Care Act — "Obamacare" to its detractors — allows health insurers to charge smokers buying individual policies up to 50 percent higher premiums starting next Jan. 1.

For a 55-year-old smoker, the penalty could reach nearly $4,250 a year. A 60-year-old could wind up paying nearly $5,100 on top of premiums.

Younger smokers could be charged lower penalties under rules proposed last fall by the Obama administration. But older smokers could face a heavy hit on their household budgets at a time in life when smoking-related illnesses tend to emerge.

Workers covered on the job would be able to avoid tobacco penalties by joining smoking cessation programs, because employer plans operate under different rules. But experts say that option is not guaranteed to smokers trying to purchase coverage individually.

Nearly one of every five U.S. adults smokes. That share is higher among lower-income people, who also are more likely to work in jobs that don't come with health insurance and would therefore depend on the new federal health care law. Smoking increases the risk of developing heart disease, lung problems and cancer, contributing to nearly 450,000 deaths a year.

Insurers won't be allowed to charge more under the overhaul for people who are overweight, or have a health condition like a bad back or a heart that skips beats — but they can charge more if a person smokes.

Starting next Jan. 1, the federal health care law will make it possible for people who can't get coverage now to buy private policies, providing tax credits to keep the premiums affordable. Although the law prohibits insurance companies from turning away the sick, the penalties for smokers could have the same effect in many cases, keeping out potentially costly patients.

"We don't want to create barriers for people to get health care coverage," said California state Assemblyman Richard Pan, who is working on a law in his state that would limit insurers' ability to charge smokers more. The federal law allows states to limit or change the smoking penalty.

"We want people who are smoking to get smoking cessation treatment," added Pan, a pediatrician who represents the Sacramento area.

Obama administration officials declined to be interviewed for this article, but a former consumer protection regulator for the government is raising questions.

"If you are an insurer and there is a group of smokers you don't want in your pool, the ones you really don't want are the ones who have been smoking for 20 or 30 years," said Karen Pollitz, an expert on individual health insurance markets with the nonpartisan Kaiser Family Foundation. "You would have the flexibility to discourage them."

Several provisions in the federal health care law work together to leave older smokers with a bleak set of financial options, said Pollitz, formerly deputy director of the Office of Consumer Support in the federal Health and Human Services Department.

First, the law allows insurers to charge older adults up to three times as much as their youngest customers.

Second, the law allows insurers to levy the full 50 percent penalty on older smokers while charging less to younger ones.

And finally, government tax credits that will be available to help pay premiums cannot be used to offset the cost of penalties for smokers.

Here's how the math would work:

Take a hypothetical 60-year-old smoker making $35,000 a year. Estimated premiums for coverage in the new private health insurance markets under Obama's law would total $10,172. That person would be eligible for a tax credit that brings the cost down to $3,325.

But the smoking penalty could add $5,086 to the cost. And since federal tax credits can't be used to offset the penalty, the smoker's total cost for health insurance would be $8,411, or 24 percent of income. That's considered unaffordable under the federal law. The numbers were estimated using the online Kaiser Health Reform Subsidy Calculator.

"The effect of the smoking (penalty) allowed under the law would be that lower-income smokers could not afford health insurance," said Richard Curtis, president of the Institute for Health Policy Solutions, a nonpartisan research group that called attention to the issue with a study about the potential impact in California.

In today's world, insurers can simply turn down a smoker. Under Obama's overhaul, would they actually charge the full 50 percent? After all, workplace anti-smoking programs that use penalties usually charge far less, maybe $75 or $100 a month.

Robert Laszewski, a consultant who previously worked in the insurance industry, says there's a good reason to charge the maximum.

"If you don't charge the 50 percent, your competitor is going to do it, and you are going to get a disproportionate share of the less-healthy older smokers," said Laszewski. "They are going to have to play defense."

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Online:

Kaiser Health Reform Subsidy Calculator — http://healthreform.kff.org/subsidycalculator.aspx

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Stock futures up, S&P 500 poised to rally for an eighth day

NEW YORK (Reuters) - Stock index futures gained on Friday and the S&P 500 looked set to extend its best winning streak in more than six years, as rosy earnings from Procter & Gamble came amid a broader backdrop of healthy corporate results.

The strong start to the year for the equities market has also been attributed to agreement in Washington to extend the government's borrowing power through mid-May, encouraging signs of recovery in the global economy and seasonal inflows to equity markets.

Those factors helped the S&P 500 rally for a seventh day on Thursday to a five-year peak. Still, the index is struggling to climb convincingly above 1,500, a level it surpassed briefly Thursday for the first time since December 2007.

"You have had more confidence from fund managers to provide more allocations to equity markets," said Rick Meckler, president of investment firm LibertyView Capital Management, who added equities were looking more attractive than bonds or cash.

S&P 500 futures rose 4.7 point and were above fair value, a formula that evaluates pricing by taking into account interest rates, dividends and time to expiration on the contract. Dow Jones industrial average futures rose 44 points and Nasdaq 100 futures rose 12.50 points.

If the S&P 500 rises for an eighth day, it will be its longest winning in eight years. The index had climbed for nine straight days in a run that ended in November 2004.

Procter & Gamble , the world's top household products maker, said Friday quarterly profit soared past expectations and raised its sales and earnings outlook for the fiscal year. Shares were up 1.7 pct at $71.58 in premarket trading.

Pointing to a rotation out of bonds, U.S. 30-year Treasury bonds traded more than a point lower in price on Friday, with yields touching session highs at 3.10 percent.

Recent company earnings have been encouraging. Thomson Reuters data through early Thursday showed that of the 133 S&P 500 companies that have reported earnings so far, 66.9 percent exceeded expectations, more than the 65 percent average over the past four quarters.

Microsoft Corp's reported lower quarterly profit on Thursday as Office software sales slowed ahead of a new launch, offsetting a solid but unspectacular start for its Windows 8 operating system and sending the company's shares down 0.8 percent in premarket trading.

Apple stepped up audits of working conditions at major suppliers last year, discovering multiple cases of underage workers, discrimination and wage problems. The shares, which fell 12 percent Thursday after disappointing earnings, edged up 0.6 percent to $453.40.

German business morale improved for a third consecutive month in January to its highest in more than half a year, providing further evidence that growth in Europe's largest economy was gathering speed after contracting late last year.

Echoing a more positive tone in Europe, ECB President Mario Draghi said he expects the euro zone economy to recover later this year, adding that financial market improvements have not yet trickled into the general economy. Draghi was speaking at the World Economic Forum in Davos on Friday.

The U.S. Commerce Department releases new home sales data for December at 10:00 a.m. Economists forecast a total of 385,000 annualized units, compared with 377,000 in November.

Economic Cycle Research Institute releases its weekly index of economic activity for January 18 at 10:30 a.m. In the prior week the index read 130.

(Editing by Bernadette Baum)

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India Ink: India Rape Trial Starts With Renewed Ban on Media Coverage

The trial of five men accused in the gang rape of a 23-year-old woman in a moving bus in New Delhi is being watched closely as a symbol of India’s commitment to justice for women, but information about the ongoing court proceedings may be scarce.

As court proceedings began Thursday, the presiding judge said  there would be a blanket ban on reporting on the trial. The judge, Yogesh Khanna,  also warned defense lawyers, who have been openly speaking about the case, not to provide information about the proceedings to the press.

The five men accused in the Dec. 16 rape and murder of a physiotherapy student were ushered into the special fast-track court in South Delhi on Thursday at noon, flanked by policemen, with their faces were covered with gray woolen caps. During the two-hour court proceedings, the prosecution used the opening arguments to lay out charges against the men, which include gang rape, murder, robbery and destruction of evidence.

The police allege that the five accused men and a sixth teenager, who is being tried as a juvenile, committed a premeditated, vicious crime that included plans to kill their victim. The woman died nearly two weeks after the rape from injuries suffered during the attack, which included an assault with an iron rod. Her companion, a 29-year-old man, was also beaten, and is expected to testify  at the trial.

The court proceedings took place in room 305 of the Saket District Court complex, a small wood-paneled chamber. The next hearing will be on Monday, when the defendants’ lawyers will respond to the charges the prosecution has laid out.

The new fast-track court will try only cases related to crimes against women, and once trials have started, they will not adjourn for weeks or months, as is common in other courts. Several fast-track courts have already  been set up in Delhi to hear crimes against women in the wake of the Delhi gang rape, which brought thousands of protesters to the streets demanding justice for the victim and other victims of sexual assault.

Judge Khanna ordered  Monday that all court proceedings in ths current case would take place “in camera,” allowing only those directly connected with the case to be present in the courtroom, reiterating an earlier magistrate’s order on the case. He also renewed a blanket ban Monday on the printing or publishing of any information relating to the case’s proceedings.

Defense lawyers were instructed by the court during the proceedings to “honor the spirit” of the gag order, they said, after the special public prosecutor Dayan Krishnan said he would file a petition of contempt of court if lawyers for the defendants continued to brief the media on developments.

V. K. Anand, the lawyer for Ram Singh, one of the accused, confirmed Thursday that he would now also represent Mr. Singh’s brother Mukesh. Mr. Anand and Vivek Sharma, a second lawyer for accused, told the media after Thursday’s court proceedings that they could not answer any further questions.

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Go forth and Tweet! Pope sees web networks as “portals of truth”

VATICAN CITY (Reuters) – Pope Benedict urged Catholics on Thursday to use social networks like Twitter and Facebook to win converts, as he launched his own smartphone app streaming live footage of his speeches.

The websites – often associated with endless postings of idle gossip and baby photos – could be used as “portals of truth and faith” in an increasingly secular age, the pontiff said in his 2013 World Communications Day message.

“Unless the Good News is made known also in the digital world, it may be absent in the experience of many people,” the 85-year old Pope said in the a letter published on the Vatican‘s website.

The Holy See has become an increasingly prolific user of social media since it launched its ‘new evangelization’ of the developed world, where some congregations have fallen in the wake of growing secularization and damage to the Church’s reputation from a series of sex abuse scandals.

The Pope himself reaches around 2.5 million followers through eight Twitter accounts, including one in Latin.

Belying his traditionalist reputation, the Pope praised connections made online which he said could blossom into true friendships. Online life was not a purely virtual world but “increasingly becoming part of the very fabric of society,” he said.

Social networks were also a practical tool that Catholics could use to organize prayer events, the pope suggested. But he called for reasoned debate and respectful dialogue with those with different beliefs, and cautioned against a tendency towards “heated and divisive voices” and “sensationalism”.

The websites were creating a new “agora”, he added, referring to the gathering spaces that were the centers of public life in ancient Greek cities.

The speech coincided with the launch of ‘The Pope App’, a downloadable program that streams live footage of the pontiff’s speaking events and Vatican news onto smartphones.

Pope Benedict‘s embrace of new media responds to the Church’s concern that it is invisible on the internet.

The Vatican commissioned a study of internet use and religion prior to the pope’s Twitter debut, which found the majority of U.S. Catholics surveyed were unaware of any significant Church presence online.

(Reporting by Naomi O’Leary; editing by Andrew Heavens)

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Adrienne Maloof: Why I'm 'Casually Dating' Rod Stewart's Son

TV Watch

By Raha Lewis

01/24/2013 at 08:00 AM EST

Adrienne Maloof and Sean Stewart

Splash News Online

Adrienne Maloof wants to make one thing clear about Sean Stewart: "We are not living together. He has his own place. He has a nice place."

Otherwise, she tells PEOPLE, what you've read is true: The 51-year-old, recently single star of Real Housewives of Beverly Hills is, in fact, enjoying a budding relationship with the 32-year-old son of Rod Stewart.

"This started as a business relationship and now were casually dating," she says, emphasizing, "It's casual, real casual."

Stewart, she says, is "a lot more mature than a lot of 60-year-olds at this time in his life," and he's long since left behind his partying ways.

"That was when he was a young kid," says Maloof. "He's been clean and sober for years."

Maloof, looking great and sounding carefree, with no sign of her recent, notes that her family "has always been in youth-oriented businesses" – they run a Las Vegas casino among other enterprises – so she can relate.

"I'm a modern business woman," she says. "I don't think of age."

And the fact that Stewart comes from a famous family is a plus. "He understands my world, the entertainment industry and being a public figure," she says.

So what does she think about Sean's father, the legendary Rod, who is still going strong at 68?

"His dad is lovely," she says, "A very nice person."

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