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Curation by Piera Gelardi
Kelsey Miller
Sep 29, 2016
Suzannah Weiss
Carolyn L. Todd
A few months ago, I found myself riveted by an appearance Melissa Harris-Perry made on Real Time With Bill Maher. Harris-Perry had recently left her show...
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Sep 27, 2016
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R29 Brand Experiences
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Gavin Rossdale, lead singer and guitarist of the alt-rock band Bush and ex-husband of Gwen Stefani, will be coaching contestants on The Voice UK. "I've always been extremely proud to fly the flag for British rock music and I can't wait to join this incredible panel and help discover some new talent," Rossdale said in a ...
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Jitterbugs soft play
Located in Great Bridge (opposite ASDA). Children from birth to 12 years can have a fantastic fun-filled day here. There are three levels of soft play equipment, which reach an amazing 6 metres high with a great 4 lane Astra slide, superb twisting spiral slide and a new Traverse Climbing Wall. We have mini motorised play bikes within their own track and there are toddler areas at both sites so your little ones can explore, learn and play safely. For more of an idea of what we offer please take a look at our Photo Galleries.
There are plenty of cafe tables where adults can relax and chat whilst supervising their children. Our cafe also serves an excellent selection of hot & cold drinks and our extensive menu offers freshly prepared hot & cold food to order. We also have a licensed bar at the Great Bridge site, selling beers, ciders and wines.
We hold seasonal events throughout the year, which are always sell-outs.
CCTV is in operation for your child's protection and free extensive off-road parking is available.
Please see our Event and Offers page for just some of the exciting new things going on at Jitterbugs and remember to follow Jitterbugs on Twitter!


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Property Search
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Texas Homeowners Insurance Rates Higher For Those With Poor Credit
August 13, 2015
Keeping up your credit scores is important and not just for getting a mortgage... Texas Homeowners Insurance Rates Higher For Those With Poor Credit Original report by: By … [Read More...]
Being grateful – Hays County Flood Disaster Relief
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May 11, 2015
Austin-area home prices reach all-time high, home sales set record for March 2015 AUSTIN, Texas – April 21, 2015 – Austin-area single-family home prices hit an all-time high, … [Read More...]
"To quote Ralph Waldo Emerson, "the reward of a thing well done is to have done it". Margery Warren, you are amazing! Thank you for everything you did for us! We are so thankful to have had your... continued"
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First Bike Night!!!
Plus a Benefit for Howard Bailey-Murray
Howard has been in the local music/news scene as a DJ and on-air producer for Maverick Media for many years. Howard is a big White Sox and WWE Fan!
Howard suffered a stroke a few weeks back and we want to help him get back on his feet & cover some of his medical bills.
Food will be provided by Big Papas BBQ
Real Rock Radio, 104.9, the X. That is what we say today, You may call it 104.9, The X, WXRX, The Rock Station... we don't care just as long as you know The X and Rock. The station signed on in 1990 as a Rock Station and has remained that way since. 26 years of being the Statelines choice for ROCK music
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text: Brett McGurk is another example of just what an amateur Barack Obama is. Today comes news that the Commerce Secretary committed two hit and run crashes after suffering "seizures." There is no word on what caused the seizures and Johnny Walker was unavailable for comment. (Initial reports were that drugs and alcohol were not involved)Now, there is Brett McGurk. You should read this if you don't know who he is. But the gist is this.[UPDATED} Brett McGurk is Barack Obama's nominee to be Ambassador to Iraq. His experience includes having an affair with a Wall Street Journal reporter and, around the same time, is rumored to be connected to reports of Marine security in Iraq observing someone getting a blow job on the roof of a building in Baghdad. Since this morning's publication, we have discovered this rumor appears to have originated with Peter Van Buren, a foreign service officer who served in Iraq, though he did not name McGurk specifically in the rumor. Van Buren is now in a legal battle with the State Department over publication of his memoir. After searching, we are unable to find the video Van Buren referenced and therefore cannot corroborate the veracity of the story.There remain concerns about Brett McGurk's racy emails from his government account.


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Duquesne's NCAA Hopes Shattered in 14-7 Loss at UMass
April 28, 2013
Box Score / Atlantic 10 Facebook Photo Gallery
Duquesne's lacrosse season came to an end Sunday afternoon, losing at #12 Massachusetts, 14-7 in the championship game of the Atlantic 10 Championship.
Things looked bright for the Dukes early on as they jumped to a 4-2 lead at the 16:08 mark as Clare Hurley scored twice and Meredith Dunn and Amanda Kidder each scored once.
However, UMass tallied the final three goals of the half for a 5-4 lead. The Minutewomen continued their barrage, by scoring the first six goals of the second half for an lead that proved to be insurmountable.
Dunn and Morgan Matz scored goals to cut the defecit to five with 6:24 remaining, but UMass scored two more times to put the decision out of reach.
Hurley and Dunn led the Dukes with two goals each while Kristen Gregory made seven saves in goal. Haley Marafioti also scored and Dunn and Matz had assists.
The Dukes finished the season with an 11-7 record.


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Skip to comments.Pelosi: Unemployment Checks Serve As "Job Creator" & "Stimulus"
Posted on 07/01/2010 12:33:44 PM PDT by i88schwartz
"It injects demand into the economy," Speaker of the House Nancy Pelosi (D-CA) said of unemployment checks.
"It creates jobs faster than almost any other initiative you can name."
Pelosi calls unemployment checks a "stimulus" that is a "double benefit" helping "those who lost their jobs" and at the same serves as a "job creator"
"It's impossible to think of a situation where we would have a country that would say 'we're not going to have unemployment benefits,'" Pelosi said.
(Excerpt) Read more at realclearpolitics.com ...
I kept looking for your name.
This is satire, right?
Wow. She really is that fricking dumb.
Where do these libs come up with this horsesh**?
She's on video at the link... The world is mad...
Baloney. A worker who's receiving the equivalent of $9.00/hour in unemployment benefits won't be interested in in a job paying $10.00/hour. The repeated extensions of benefits have helped prolong the high unemployment levels.
If this isn't insanity, nothing is.
""It injects demand into the economy," Speaker of the House Nancy Pelosi (D-CA) said of unemployment checks."
Yeah, like a needle injects Botox into Queen Nancy.
Can this idiot make up her mind- a few months ago she told us all to quit our jobs and take up arts and crafts, play guitar all day if we wanted- and Obamacare will make this all possible. Now she's worried about unemployment?
Let's see...let's borrow money and increase a huge national debt to hand out cash to people.
She is literally an imbecile.
Pelosi is so happy about bringing communism to America that she appears to have gone insane.
Is she talking about creating jobs at the unemployment office?
What part of the universe did she come from? Two years ago I was unemployed. I went from over six figures to $132 a week. That was about enough for to buy groceries for my wife and I. Fortunately I found a job fairly quickly, but the job security is extremely low.
I'd like to see ALL the members of congress become unemployed, especially pelosi & reid! Then we could see how unemployment checks server as "job creators".
You can't parody these people, they are far dumber than we could try to make them look.
Unbelievable! I thought this was a joke until I saw the video. The logical outcome of her reasoning is that the best thing that could happen for our economy is for everyone to be unemployed and receiving an unemployment check from the government.
What a joke of a woman.
This woman has had way too many botox injections.
Love those onion stories.
This is satire, right?
Jobs are created when the government puts money into the economy. When the government pays people not to work, it is putting money into the economy. Thus, when the government pays people not to work, it is creating jobs.
This passes for actual logic in the "Alice in Wonderland" world of Kenseyan economics.
But even so, they don't even follow their own logic to its logial end. The government gets the money to begin with by taking money OUT of the economy via taxes (which should eliminate jobs, if you follow their own logic). The jobs they are "creating" are simply replacements for the jobs they eliminated.
Or in other words, just moving deck chairs around on the Titanic.
because they spend it essentially.
never mind those dollars would have been spent elsewhere anyways and without the 20-25% overhead of the federal government.
excuse me folks while i roflmao.....
if these people in cali don't get rid of this bia** next time around....sheesh....
There has been unending extensions of unemployment since Porkulus I. So where are all of those jobs it created?
I didn't expect her explanation to make any sense, just wanted to hear her rationale for the claim.
Is this The Onion? Iowahawk? This cannot be serious - no one is this stupid.
Quick Quiz:
Which is nuttier?
A: Nancy Pelosi
B: Squirrel poop
The best unemployment check is a job.
Pray for America
"never mind those dollars would have been spent elsewhere anyways and without the 20-25% overhead of the federal government."
The whole point IS the 20-25% overhead of the federal government. They don't really care if they have to tax and spend a billion in order to rake off a million. As long as they can rake off enough millions to make them and all their cronies rich as kings on the taxpayer's dime.
Second career doing standup comedy?
But seriously folks - I just flew in from the coast - boy are my arms sore - wait a minute - what am I saying - I flew in on a miltary jet.
Let's see — so by this logic, the welfare program we had from 1965 to 1995 was also a wonderful creator of jobs. It worked so well, we had to stop it.
I kept looking for the "Semi-satire" alert. Mike Savage is right...liberalism is indeed a mental disorder.
Liberals really think that. That's all part of having an incurable disease of the mind.
Pelosi is so far out of touch, as with Stark and a host of tohers, that the only time she gets back to 'reality' is every time she wipes her arse. "Jane, you ignorant slut" comes to mind here. =.=
Since when does anybody on unemployment go out and buy anything besides the basic necessities???
People on UE are not out creating jobs. They will consume much the same minimum gas and food requirements as if they had a decent job. But both the folks working and the unemployed have reduced disposable income with each new tax. So as states are forced to fund healthcare and deprive cities of funds, up go local sales and realestate taxes. And up go contribution requests from volunteer fire departments, teachers, all charities.
The best possible solution is to STOP federal confiscation of earned and invested dollars. That actually does put money into the economy and cause job creation.
Unemployment was obviously never intended as an economic tool- a safety net yes - but not an instument of market management.
Nope. Pelosi is dead serious, and not far enough leftist for most of her voters
OMG, she said this money is more important because it is spent quickly...so it stimulates the economy faster.
Well, maybe they should start cutting underemployment checks for those people who want to make more money at their jobs - they will promise to spend it quickly and therefore it will stimulate the economy.
Hey - this is easy and fun;)
" "It injects demand into the economy," Speaker of the House Nancy Pelosi (D-CA) said of unemployment checks. "
I can't believe anyone in leadership of this nation would think or say something like that. Unbelievable.
In Northern NY there have been ads on the radio claiming that for every one dollar of foodstamp use there is a dollar-eighty of benefit to the economy. No kidding.
Pelosi can say anything, no matter how absurd, with a straight face.
This is a screamer though.
Next up on the Pelosi Show:
Pelosi is like Janeane Garofalo; both need to sell a vowel and make a down payment on a brain. What planet are they really on?
She needs to brush up her old used car salesman pitch even liberals are on to her next thing you know the msm will be on to her.
You got that right.....:)
Lets see so by this logic, the welfare program we had from 1965 to 1995 was also a wonderful creator of jobs. It worked so well, we had to stop it.
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Darksiders: Wrath of War
Please Help GAme Crashes at start
kurpis posted on Nov 25, 2010 3:36:09 AM - Report post
HI all.
I hace a proble, I cant manage to start the game.
The game starts to load, then I see some screens of the companys that produce the game and then the screen goes black and nothing else happens.
Please can anyone help to solve this?
alcatraz1921 posted on Nov 25, 2010 5:43:46 AM - Report post
Graphic drivers.
If Steam version, check for updates.
Does your machine meet the minimum spec required to run Darksiders?
komrade posted on Dec 30, 2010 4:51:41 AM - Report post
delete/rename/move the file "AMD_Logo_movie", which is located in steam\steamapps\common\darksiders\media\videos
For some reason having codecs installed for audio messes up the AMD logo movie
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27 January 2016 | Windows 10 – A Few Thoughts Before Making the Move
Is it time to convert to Windows 10 from your old version of Windows? Overall, Windows 10 is a good update to Windows 8. Unlike Windows 8, which put tablet users first, Windows 10 provides well for both tablet and traditional laptop/desktop users. There are other incentives. Microsoft is […]


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We asked our followers how they felt about storing information in the cloud after reports that celebrities' online accounts were hacked. Comments from Twitter and Facebook are edited for clarity and grammar:
The cloud was a bad idea at its inception. Most well-informed computer users knew this from the beginning.
— @luvnthate
The best definition of the cloud is that it is someone else's computer.
— @iamthegdp
This news worries me, but the lesson is if information is intimate, store it securely.
— @redmond_peter
I never trusted the cloud even before this. We store everything locally on the ground.
— @DesertNewswire
Celebrities' online accounts were compromised, and some of their nude photos were posted online. Why are people taking nude photographs of themselves and keeping them on their phones or in the cloud? If you are going to do that, you should keep them in a private location offline.
— David Bell
What is wrong with people? Too often when people take these kinds of pictures, they are fighting for their privacy later. Obviously, these photos aren't private. You have shared them with someone, or they wouldn't be out there.
— Debbie Tyree Taylor
Anyone who thinks this invasion of privacy by hacking and the release of private photos is OK is insensitive and callous. Try to imagine a woman whose nude photos show up in the public domain. Everyone involved in this hacking should go to jail.
— Kevin J Tremblay
For more discussions, follow @USATOpinion or #tellusatoday on Twitter.


text:
Everyone's pregnancies are different! I'm curious as to how everyone's labors began, just to see the variations.
A few examples: Did you lose your mucus plug before hand? How long afterward did your labor begin? Any false labor/contractions?
Everyone's pregnancies are different! I'm curious as to how everyone's labors began, just to see the variations.
A few examples: Did you lose your mucus plug before hand? How long afterward did your labor begin? Any false labor/contractions?
Stacey (23) Platinum ( . Y . )!
DH Josh (25), DSD Jaicee (5), DS Colton (2), DD Layla (July 13')
My water broke, in Wal-mart. Seriously. :) Other than that, I had no indicators. No mucus plug (didn't notice it, anyway), no BH contractions, etc. They had to induce me, when I got to the hospital, because my body was just not doing anything, on its own.
I lost my mucus plug and within about an hour my water broke.
Mommy to Olivia born 01-03-09 and Aubrey born 09-05-10
(.Y.) Bronze Boobies
I had to go to the bathroom (#2 TMI sorry) and there was my mucus plug. Then, within 10 minutes, contractions started. It was that way with both of my daughters.
1st DD- no mucous plug. Lots of false/BH cxt's for a good month bf I had her. I was dialated 4cm and 80% effaced w/her for a month. BUT, the cxt's, while sometimes constant, didn't hurt. The day I had her, I was driving to work and the cxt's started "wrapping" around to my back. It's a hallmark labor sign. I thought I was imagining it. I do not have a high pain tolerance. Anyway, my water broke prob an hour after that at work and I *definately* knew w/in 30min after my water broke. If it gushes like mine did, the cxt's are HARD and last long and rough. If it just leaks, it tends to be more gradual of a labor. Mine was all out gushing.
2nd DD- No mucous plug either. I had no false labor and rare BH's w/her. I started having cxt's that were slightly painful around 7am and by 9am, I was 90% sure it was the real thing though the cxt's weren't regular. I'd get them every 4-7minutes. They went to every 4min by about 10am. For me, my cxt's rarely are a "regular" pattern, so for me, I know more based on increase in pain. Water didn't break w/her.
Just adding, my water did not break with either of them.. they had to do that at the hospital.
I woke up out of a sound sleep with really bad cramps, then I got out of bed and went to the bathroom and my water broke.
My 1st nothing happened until 40 weeks to the day. I started hard contractions. Didn't find out until Dec 10th that my water had broke. LOL I have NO clue when or where. I never had wettness down there at all!
I had hard contractions from Dec 7th until Dec 10th. Then just before midnight I started pushing. I had my son at 5:51 am on Dec 11th
My 2nd was induced for medical reasons.


text:
Posted on March 26, 2014 in Shoes and Apparel
Tennis Warehouse Hot Shot T-Shirt
Whether you are playing a practice match or have a tough drilling session, wearing something that represents you as a player is very important. I have put together my top 7 picks of both men's and women's t-shirts that will have heads turning on the court.
Posted on February 26, 2014 in Shoes and Apparel
The men's version of the New Balance Big Brand Top
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$9.99"Undisputed Truth is raw, powerful and disturbing—a head-spinning take on Mr. Tyson's life." (Wall Street Journal) Philosopher, Broadway headliner, fighter, felon—Mike Tyson has defied stereotypes, expectations, and a lot of conventional wisdom during his three decades in the public eye. Bullied as a boy in the toughest, poorest neighborhood in Brooklyn, Tyson grew up to become one of the most
Mike Tyson: His Fights, His LifeMike Tyson took the boxing (and celebrity) world by storm in the latter half of the 1980's. Tyson's transcendent talents in brutishly flooring his opponents made him an attraction unlike any other in professional sport. He became the youngest undisputed heavyweight champion ever and ran his perfect record up to 37-and-0 in 1990. But Tyson's toughest opponent was his alternately mercurial and
Untitled on Cus D'Amato and Mike TysonFrom the former heavyweight champion and New York Times bestselling memoirist, an intimate and revealing look at the life and leadership lessons of Cus D'Amato, the legendary boxing trainer and Mike Tyson's surrogate father.When legendary boxing trainer Cus D'Amato first saw thirteen year old Mike Tyson spar in the ring, he proclaimed, "That's the heavyweight champion of the world." D'Amato, who
The Mike Tyson Handbook - Everything You Need To Know About Mike TysonThis book is your ultimate Mike Tyson resource. Here you will find the most up-to-date information, facts, quotes and much more.In easy to read chapters, with extensive references and links to get you to know all there is to know about Mike Tyson's whole picture right away. Get countless Mike Tyson facts right at your fingertips with this essential resource.The Mike Tyson Handbook is the single
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The Rise of Mike Tyson, HeavyweightCovering Mike Tyson's rise through the amateur and professional boxing ranks, this book follows the Brooklyn native from his early years as a 12 year old criminal in Brownsville to his 1988 heavyweight unification match with Michael Spinks. The book focuses on the Catskill Boxing Club--where boxing guru Cus D'Amato trained the 210-pound teenager in the finer points of the art and developed his
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text:
Bob Unglaub
From BR Bullpen
Robert Alexander Unglaub
- Bats Right, Throws Right
- Height 5' 11", Weight 178 lb.
- School University of Maryland
- Debut April 15, 1904
- Final Game September 17, 1910
- Born July 31, 1880 in Baltimore, MD USA
- Died November 29, 1916 in Baltimore, MD USA
[edit] Biographical Information
A Baltimore, MD native, Bob Unglaub played six seasons in the majors, all in the American League. In his best year with the bat, 1908, he was ninth in the league in batting at .286 (it was the dead-ball era and the league as a whole hit .239). He also managed the 1907 Boston team part of the year.
Unglaub was primarily a first baseman in the majors, but also played 70 games at third base, 62 at second base and 42 in the outfield.
He worked for the Pennsylvania Railroad in Baltimore, and was killed in an on-the-job accident after being hit by a locomotive. He was scheduled to manage the following season in the minors.
According to his obituary, he had played for Meridian, Connecticut; Worcester, Massachusetts; Sacramento, California; Milwaukee; Lincoln, Nebraska; and Minneapolis in the minors. He managed several years in the Northern League. When he managed in the Western League, one of his players was Paul Cobb, brother of Ty Cobb.
|Preceded by
George Huff
|Boston Red Sox Manager
|Succeeded by
Deacon McGuire


text:
Pick of the Harvest Pumpkin Patch Cakes
Additional Information
Step 1
One day in advance, make leaves. Tint 16 oz. of fondant a medium shade of moss green and knead in 1 teaspoon of Gum-Tex. Roll out to 1/8 in. thick. Using cutters from set, cut four medium and two large maple leaves. Place leaves on thin shaping foam. Make veins on leaves with small veining tool from set. Place on cornstarch-dusted wave formers to dry.
Step 2
One day in advance, make tendrils. Roll green fondant into 20 logs, 1/16 in. dia. and 3 to 5 in. long. Wrap logs around skewers; some tightly and some loosely. Let set for 5 minutes. Carefully slide tendrils off skewers and let dry on a cornstarch-dusted board. Reserve remaining fondant.
Step 3
Bake and cool cakes according to package directions. Place on foil-covered circles cut to sizes of cakes with scissors. Prepare buttercream icing. Ice cakes with a thin layer of buttercream; prepare for fondant covering.
Step 4
Tint 28 oz. of fondant orange. Roll 1/16 in. thick and use to cover cakes. Use large veining tool from set to imprint the indents in cakes.
Step 5
Add highlights to indents on pumpkins using brush and red/orange Color Dust.
Step 6
Use reserved green fondant to form various shaped stems by hand. Pinch with fingers to form four or five ridges in stems. Attach stems to pumpkins with fondant adhesive. Trim as needed.
Step 7
Add highlights to vein imprints ridges on stems and leaves using brush and lime green/spruce green Color Dust.
Step 8
Position and attach leaves and tendrils to pumpkins with fondant adhesive. Support leaves with small amount of green fondant in back. Place on cake base.
44 ounces Ready-To-Use White Rolled Fondant
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Orange Color Dust ((Combine Red Color Dust with Orange Color Dust for red shown))
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Moss Green Icing Color
Your favorite firm-textured batter cake recipe such as pound cake
Orange Icing Color
Red Color Dust
Lime Green Color Dust
Spruce Green Color Dust ((Combine Lime Green Color Dust with Spruce Green Color Dust for green shown))
9 in. Fondant Roller (with rings)
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Wide Glide? Rolling Pin (with rings)
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Leaves and Acorns Nesting Metal Cookie Cutter Set ((large and medium maple leaves used))
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Out Of Season
Plastic ruler
Bamboo skewers ((1/8 in. dia.))
10 x 14 in. Cake Board
6 in. Cake Circles
Cellophane Tape
12 in. Silver Cake Base
Use food-safe Wilton Pearl Dust and Color Dust to brush or paint hints of contrasting color on your decorations.
To create a variety of curved shapes, use both sides of Flower Formers to dry leaves. You can also add a colorful flair to leaves by brushing them with a mix of clear vanilla and icing color or use pearl dust and brush color onto leaves.
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Impress your guests this fall with a towering, pumpkin-topped, two-tier cake. It?s great for Halloween, Thanksgiving or any fall celebration. Use Wilton Ready-To-Use Rolled Fondant to create all the realistic-looking, harvest-inspired decorations.
Such an awe-inspiring collection of harvest-ready cupcakes! Use tip 2A to pipe pumpkins on cupcake tops, add green leaves and green string licorice. These are featured on our 13-Count Cupcakes-N-More Dessert Stand.
Give guests a special treat this fall: a pumpkin pie-filled cupcake with a cookie accent. Create the cookie topper using the Wilton Harvest Mini Metal Cutter Set.


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Hotel Henriette Rive Gauche
It's almost like a drinking game. Colour blocking, dirty pastels, plywood, bedside pendant lights and coloured flex, retro furniture, cane mirrors and rooms with great French bones. Moroccan rugs, kilim chairs, sheepskins, leather gym pads as bedhead and indigo. Linen sheets, palm wallpaper, painted floors, tumbling block tiles and cane saucer chairs. Have we got all the trends covered? Who cares! I love it all! I want it all! Anyone else for a Parisian getaway to Hotel Henriette Rive Gauche?


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Navigators help people sign up for health care plans
Phoebe Kasdin, a 26-year-old graduate of the University of Wisconsin-Madison interested in law or public policy, is on the front lines of an event historic and controversial.
Kasdin is one of the state's few "navigators" — a job created by the Affordable Care Act to help people sign up for health plans sold on the federal marketplace. For the past five months, she has seen firsthand the setbacks and successes in the push to reduce the number of people without health insurance.
"It's important work," Kasdin said. "It's a big step forward in getting people access to coverage."
Kasdin works for SeniorLAW, which provides legal assistance to people who are 60 and older. SeniorLAW, an affiliate of Legal Action of Wisconsin, received a $70,000 grant to help enroll people who are 55 to 64 for coverage in southeastern Wisconsin.
"I've seen a lot of people who have lost their jobs in the last few years," she said.
Others are working in low-wage jobs or have several part-time jobs. Many of them once had middle-class lives.
The job requires patience, from helping people understand the complex law to fielding the occasional call, often peppered with profanity, from someone who felt compelled to share his or her opinion of the law with her.
The law is not perfect, Kasdin said. But for many people, it's the first time they have had health insurance.
"That's a huge relief," she said.
Hiring navigators
Kasdin, a California native recruited by UW-Madison to be a coxswain on the crew team, worked for OneJustice in San Francisco for two years coordinating pro bono projects. She was planning to join her boyfriend in Milwaukee when she saw the job at SeniorLAW posted on the JobsThatServe website for nonprofits.
She arrived in Milwaukee on Saturday, Oct. 12, and started her new job on Monday.
Getting through the required federal and state training took about a week. State regulations also required her to be fingerprinted, bonded and take a state exam at a testing center.
Under the law, a state had to set up its own marketplace to receive a large federal grant for consumer assistance.
Gov. Scott Walker opted to let the federal government handle the complex task — a decision that may have proved wise given the problems that have marked the state marketplaces in Oregon and Maryland.
In all, Wisconsin received $1 million in grants to hire navigators.
In Milwaukee County, the Black Health Coalition of Wisconsin received a $191,667 grant through the National Healthy Start Association.
The Black Health Coalition has been among the most active groups in organizing community events to encourage people to understand the law and sign up for health insurance. But its navigators did not complete the required state training and register with the state until late January or early February.
The coalition did not return phone calls in the past month. But Patricia McManus, its president and chief executive officer, said in October that one obstacle was the state requirement that navigators be bonded.
The Gerald L. Ignace Indian Health Center in Milwaukee received a $35,000 grant through the National Council of Urban Indian Health.
Community health centers also have received federal grants to hire additional staff to help people sign up for coverage. The federal government has contracted with two organizations that are providing consumer assistance in the state. And insurance brokers and agents are signing up people.
But much of the work in Wisconsin is being done by coalitions, such as the Milwaukee Enrollment Network, that include health systems and community and advocacy groups.
Confusion, surprise
The number of people who have sought help in signing up for coverage has ramped up slowly. As of the end of January, 56,436 people had enrolled in health plans sold on the marketplace, according to the U.S. Department of Health and Human Services.
"With any new program, it is going to take time," Kasdin said.
Many people still don't understand the law, and they often are surprised when she explains it to them.
A few have met with her because they were told they have to get health insurance, Kasdin said. Their attitude changed when they learned more about the law and saw their options.
Others have found the health plans to be too expensive even with federal subsidies available for people with incomes below 400% of the federal poverty threshold, or $46,680 for one person this year. The subsidies drop sharply for people with incomes above 250% of the poverty threshold, or $29,175 for an individual.
People often focus only on the premiums, Kasdin said, and she has to explain deductibles and other out-of-pocket expenses.
Many are drawn to plans in the bronze tier, which can have no monthly premium but will have high deductibles for people on limited incomes, she said. The plans also are not eligible for additional cost-sharing subsidies available to people with incomes below 250% of the federal poverty threshold.
Almost all of the plans have limited networks of doctors and hospitals. Only one plan, for instance, includes Froedtert Health and Columbia St. Mary's in its network.
That's a potential problem for some people who have doctors. Kasdin estimates that roughly half of her clients are insured, including those now covered by BadgerCare Plus, the state's largest Medicaid program.
The narrow networks typically are not a problem for people who are uninsured.
"Most people are happy to get covered," Kasdin said.
Adults with incomes below the federal poverty threshold — $11,670 for one person — will be eligible for BadgerCare Plus starting April 1. But Kasdin said some people are reluctant to sign up for the program.
"They want to feel they are contributing to their own insurance," she said. "I can respect that."
With roughly one month remaining before the March 31 deadline to sign up for coverage on the federal marketplace, Kasdin could have a busy month before her. But she said that she has liked the interaction with her clients, has learned much and finds the work rewarding.
"It really will make a difference in people's lives," she said.
For information on the Affordable Care Act, or to make an appointment to get help signing up for a health plan, call SeniorLAW at (414) 274-3455.
Business Wire
Recent national business updates from the Associated Press


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"A must for presenters"
This is an excellent audio book that keeps up your interest all through it, as you compare what you do with what Steve Jobs did to capture and retain attention as well as exceed expectations of his listeners.
Simple but great ideas come up all through the book that will make you a better presenter.
"What a rip off"
Lots of blah blah blah and then oh there's a secret step 1. Then lots of blah blah and then oh there's secret step 2. You are better off getting a book about the man himself which had more insight than this person who talks about himself more than any thing else
"A must listen to book for any speaker"
Everyone of us are communicators, no matter if we talk to our family and friends or if we speak professionally. This short book gives priceless nuggets of insights to one of the best presenters of all time. The book, however, goes a step farther and reveals that Steve Jobs' methods are simply, not-so-simple standard practices for the ultra above standard speaker. Listen hard. Study hard. Practice hard. And simply present your message as the best of the best presenters.
"Find your path"
Incredibly insightful for those on the journey of finding your path on stage. We all have our presentation styles but challenging ourselves to not read to an audience in a book report style rhythm should be a goal. I say jump into the deep end, aka away from the podium, is where the greatest growth will happen. It challenges your mind to speak to what it knows and how it knows it driving an authentic delivery. Practice is key as the book says but this has helped me greatly in my journey.
"Great book but..."
This book gives very interesting insights on how to improve ones communication skill. Although, while keeping the focus on Jobs I think the reader would benefit from more examples from other CEOs and leaders that adopted apples cofounder strategies. The narration, performed by the author, is very well done.
Overall, I would recommend this book.
"useful knowledge"
Lots of knowledge will never be used but thanks for some useful knowledge that will surely benefit me on a regular basis.
"simple, practical, entertaining"
If you you have read many books on public speaking, most of what you see here will be review. This book nicely summarizes all the best practices of great presentations with vivid illustrations that include Steve Jobs stories.
The narration is excellent, with engaging vocal inflection that entertains and holds your interest.
"Some invalid information"
Apple would have been bankrupt if it had not been for the Radio Shack TRS-80. Radio Shack had the marketing muscle to create the home/personal computer industry. All the companies that existed then were mom and pop companies working on a shoestring. The author referenced several times that Jobs and Apple created the industry. They did not. They rode it and did well. I use Apple myself however I hate to see the representation that Apple was responsible for the industry.
"Presentation Secrets in Education"
I wish this book had been around when I first started teaching. This and Carmine Gallo's, "Talk Like TED" should be required reading in teacher preparation programs. The concepts presented include learning theories that will transform the presentations of any reader.


text:
Top Definition
Adjective. Means awesome, kick-ass, rad, something so fucking sweet you just have to grab your dick and hold on.
We had such a gripdick weekend at Bonarroo, full of drugs, sex, and alcohol
von deusexinternet 29. Juni 2011
Trending Now
Can you define these popular missing words?
Another word for cool.
von alphagator 24. Mai 2011


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The Washington State Cougars are on the road once again this week, and as beneficial as it is for a team to be playing at home, the Cougs won't have that chance for another week. This Cougar team has a lot of confidence in Head Coach Mike Leach's second season at the helm, so no matter where they play, they still feel like they can win...but if Leach had his way, the Cougar faithful would have a place to go every Saturday!
"Southern California is a nice place to have a game, this whole conference...every where's a good place to have a game," said Leach. "The best place as a matter of fact as it comes to mind is Martin Stadium here in Pullman, Washington is the best place to have a game. If we could have every one of them here as far as I'm concerned we ought to."
Unfortunately, every game can't be played at Martin Stadium, as nice as that would be for everyone in the area. The Cougar Football team will be playing taking on USC in the coliseum surrounded by the palm trees of Southern California this Saturday with a 7:30p.m. kickoff.


text:
Top Definition
a cock that is 15"long,5" around, and ... well always floppy
tim got slaped in the face by ryans floppy donkey dick.
de pimp master ryan 15 mars 2003
Trending Now
Can you define these popular missing words?
A dick that is so big, it dips into the water at the bottom of the toilet bowl!
"Dude I just pinched a loaf in that toilet"
de Spanky Lou 17 juin 2003


text:
Devon Prep's season took a turn for the worse when ace pitcher Zach Schellenger was shelved with a strained flexor muscle in early April. Then, No. 2 hurler Sean Phelan experienced elbow tendinitis.
In high school baseball, where quality pitching goes a long way, that put the Tide's bid for success in a precarious position.
"That's a lot for a team to deal with," Devon coach Mark Aquilante said. "We had to figure out a different way to win. We had a lot of younger players who had to step up and contribute."
The Tide handled the adversity well. Thursday at Penncrest, boosted by junior righthander Pat Rohr, they captured the PIAA District 1 Class A championship with a 7-0 blanking of Bicentennial Athletic League rival Calvary Christian.


text:
WD Black WDBAAZ0020HNC - Hard drive - 2 TB - internal - 3.5" - SATA-300 - 7200 rpm - buffer: 32 MBItem#: YYS1-2979217 | Model#: WDBAAZ0020HNC-NRSN
Currently Out Of Stock!
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WD Black WDBAAZ0020HNC - hard drive - 2 TB Product Details
High performance, high capacity, high reliability, and cutting-edge technology make up WD Black, the ideal drive for those who demand only the best.
Device Type: Hard drive - internal
Capacity: 2 TB
Form Factor: 3.5" x 1/3H
Interface: Serial ATA-300
Buffer Size: 32 MB
Bytes per Sector: 512
Features: StableTrac, NoTouch ramp load technology, dual processor
Width: 4 in
Depth: 5.8 in
Height: 1 in
Weight: 1.5 lbs
Drive Transfer Rate: 300 MBps (external)
Average Latency: 4.2 ms
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Interfaces: 1 x Serial ATA-300 - 7 pin Serial ATA
Compatible Bays: 1 x internal - 3.5" x 1/3H
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- WD logos are registered trademarks of WD. All others trademarks and copyrights mentioned herein are the property of their respective owners.


text:
- Details
- Written by Bruce Poinsette of The Skanner News
Reflections/Talking Drum has served as a Black hub and meeting place for a variety of community members in Northeast Portland. Neighbors, community organizers and politicians alike have come to embrace the store as the place of choice to gather and exchange the news of the day.
Read more: Reflections Coffee and Books Closes After 17 Years


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I wondered who underwrote AOD. Found this on the internet...
"NEW YORK (MarketWatch) -- [Jan 26, 2007] Alpine Total Dynamic Dividend Fund raised $3.5 billion in its initial public offering Friday, making it the richest closed-end fund ever.
The Purchase, N.Y. fund sold 176 million shares at $20 a share with a long list of underwriters, including Wachovia, Citigroup Global Markets, AG Edwards, BB&T Capital Markets, Robert W. Baird & Co, Ferris Baker Watts Inc, H&R Block Financial Advisors Inc, Janney Montgomery Scott, Oppenheimer & Co, Raymond James and others.
Alpine Total Dynamic Dividend Fund (US:AOD) opened at $20.02 and rose to $20.24 in recent action.
With a focus on long-term growth of capital as a secondary investment objective, the fund expects to invest at least 80% of its net assets, plus amounts borrowed, for investment purposes in the equity securities of domestic and foreign corporations that pay dividends, according to its prospectus...."


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From New York Times best-selling author John Connolly, a wonderfully strange and brilliant novel about a boy, his dog, and their struggle to escape the wrath of demons.
Young Samuel Johnson is in trouble. Not only is his eyesight so poor that he mistakenly asks out a letter box on a date, but an angry demon is seeking revenge for Samuel's part in foiling the invasion of Earth by the forces of evil. It wants to get its claws on Samuel, and when Samuel and his faithful dachshund, Boswell, are pulled through a portal into the dark realm, the home of the Infernals, it gets its chance.
But catching Samuel is not going to be easy, for the Infernals have not reckoned on the bravery and cleverness of a boy and his dog, or the loyalty of Samuel's friend, the hapless demon Nurd, or the presence of two clueless policemen and the unlucky, if cheerfully optimistic, driver of an ice-cream van.
Most of all, no one has planned on the intervention of an unexpected band of little men, for Samuel and Boswell are not the only inhabitants of Earth who have found themselves in the underworld. If you thought demons were frightening, just wait until you meet Mr. Merryweather's Elves.
©2011 John Connolly (P)2011 Simon & Schuster
"Connolly's graceful prose, laced with acerbically witty footnotes, is a joy to read, and he easily alternates among slapstick comedy, powerful drama, and skin-crawling horror." (Publishers Weekly)
"Brilliantly funny, often touching, with enough action to keep adventure fans on the edges of their chairs, this novel combines top-notch writing with cutting wit." (Kirkus Reviews)
"still great!"
Love the storyline
The cast of characters is great. These books are like a mix of Neil Gaiman and Douglas Adams. The characters are so funny. I love all the symbolism and references.
Him narrating the second book was sort of jarring. The first narrator wad wonderful.But tim is one of my favorite narrators so I settled in to his characters. He is great!
I laughed all the way through
I am an audiobook enthusiast who reviews audiobooks for his blog, The Guilded Earlobe. You can find me on Twitter @guildedearlobe talking about zombies, robots, monkeys and audiobooks.
"Wonderful for Children and Adults"
This sequel to Connolly's The Gates is another wonderful, clever and laugh out loud hilarious adventure. The style of the book with its humorous asides and clever footnotes is perfect for translation to audiobook, and Tim Gerard Reynold's narration only makes it better.
"Love John Connolly, was not a fan of the narrator."
struggled with the narration of this one. I loved the previous two however. I will still be listening to the rest of his books.
"Should have kept original narrator"
They didn't even try to have the new narrator do the same voices as the previous one. This narrator was also a bit boring to listen to and didn't have as good of comedic timing.
"Awesome book!"
creative, funny, and thoughtful with great narrator , memorable character author and awesome footnotes . Refreshing
Mad for Westies
The story of a young boy and his faithful little dog battling the minions of hell continues. The writing is superb -- this work of John Connolly's can be compared to P.G. Wodehouse in providing a belly laugh or two on nearly every page. Tim Gerard Reynolds provides masterful narration, and the entire effect is just terrific. Highly Recommended.
"So creative! I love John Connolly's imagination"
Some of the most creative and hillarious writing I have ever encountered. These are my favorite books and characters.
"Terrific for older children"
It is a very imaginative, humorous story.
Nurd is terrific fun.
Wouldn't have thought it possible, but I enjoyed Mr. Reynolds' wonderful work even more than that of the narrator of the first book in the series. Having an Englishman narrate this very English fairy tale makes it far more special that it could ever have been droning through my head in a flat, Los Angeles accent. Tim Gerard Reynolds' performance adds spark and an entire dimension to the experience.
Wish I had grandchildren old enough to be able to enjoy this Samuel Johnson trilogy. Marvelous stuff.
thoughtful reader/listener/viewer
"A young person's guide to the Inferno!"
I don't like to rank books, but The Infernals was entertaining and funny, and also made quite a few good points about how good and evil work (and don't work).
The footnotes are well done.
Tim Gerard Reynolds is good with various voices and accents--all the characters are distinct.
I laughed several times.
Samuel Johnson's tour of hell is just as instructive as Dante's, in a smaller way. The Infernals doesn't quite match The Gates for suspense and humor, but it was still fun and I look forward to Mr. Connolly's next book about Samuel Johnson & Boswell.
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So Long, Scobee: Another Diner Down
Little Neck's Scobee diner is gone after 50 years.By Daniel Maurer
Little Neck's Scobee diner is gone after 50 years.By Daniel Maurer
Here's a chance to see a diner without waiting in line for two hours.By Kara Baskin
Plus Food Network Magazine's offices might have a bedbug problem, and Bizarre Foods with Andrew Zimmern inspires a new board game, all in our morning news roundup.
Plus olive oil prices are up 20 percent from last year, and divers uncover the world's oldest drinkable champagne.
A four-course rabbit dinner with wine pairings tonight only for $100.By Jay Barmann
Tired stereotypes and well-trodden paths are thrown aside for real discoveries.By Hadley Tomicki
An icon of 50's signage and 24/7 breakfasts can't handle the increased rent.By Hadley Tomicki
The beloved Edgewater diner served its last breakfast this morning, but promises to open in a new location.By Helen Rosner
A "very suspicious" fire broke out in a Bronx diner this morning.By Daniel Maurer
Farmers Diner, a ten-year-old locavore "family-dining restaurant," is coming to New York.By Hugh Merwin
Plus, Jesse Hartman of Two Boots gets CB3's initial approval.By Daniel Maurer
Iconic Mel's shutters in Seal Beach.By Hadley Tomicki
Guy Fieri pays a visit to Downtown's newest retro diner.By Hadley Tomicki
The guest list and menu read like a who's who of Brooklyn cuisine.By Daniel Maurer
Vernon Hills diner serves a caloric monstrosityBy Michael Nagrant
The owner of one of the country's iconic diners has passed away.By Daniel Maurer
The beloved West Loop breakfast diner wants to go global.By Helen Rosner
Olive-oil pastries, fresh tortillas, and barley-honey lollipops!By Daniel Maurer
A rooftop drinking oasis comes to Williamsburg.By Daniel Maurer
The latest news from Williamsburg.By Daniel Maurer
I Tried Hillary Clinton's Diet and Now I Sympathize With Her
Blake Lively Reportedly Just Gave Birth, and You'll Never Guess Who's Running to the Hospital
Brad Pitt Fights Back Against Angelina Jolie and Her Plot to 'Destroy' Him
Looks Like Kate Middleton Is Enjoying the View in Canada
What It's Like to Be a Female Reporter Covering Donald Trump
Angelina Jolie Got Everything She Wanted in Temporary Divorce Deal With Brad Pitt
Donald Trump Urges Voters to 'Check Out' Alicia Machado's Sex Tape
What's New on Netflix: October 2016
The Obscure, Legal Drug That Fuels John McAfee
The Best Part of Being a Royal Is Getting to Pet Bunnies


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For the No. 3 Ohio State Buckeyes to win on the road at 14th-ranked Oklahoma, coach Urban Meyer's more experienced players might have to lead the young Buckeyes in a hostile environment in Norman, Oklahoma, on Saturday night. The upperclassmen were asked to be leaders ...Read More »
Tag Archives: OSU football
Gallery: OSU vs. Tulsa
The Ohio State Buckeyes battled the Tulsa Golden Hurricane through the rain on Sept. 10. The Buckeyes won 48-3.Read More »
Bosa continues his holdout with latest contract rejection
On Wednesday, the Chargers announced that former Ohio State defensive end, and third overall pick Joey Bosa has rejected the latest contract offer as his holdout goes on. The Chargers issued a press release saying that they gave Bosa and his party their best offer ...Read More »
The success of the 2016 Buckeyes starts with their captains
CHICAGO — Replacing an Ezekiel Elliott, a Michael Thomas and a Taylor Decker on the offensive unit is not an easy task. It's even more difficult when projected starting wide receivers redshirt sophomore Noah Brown and sixth-year Corey Smith are coming back from season ending ...Read More »
Opinion: OSU's 2016 draft class has much to accomplish to be elite
One of the largest storylines from the 2016 NFL draft was the unequivocal presence of the Ohio State football program. The 12 OSU players selected in the three-day event in Chicago last weekend set numerous records and added to coach Urban Meyer's impressive mark of ...Read More »
Scarlet Scoop: OSU LiFEsports' Spring Game, Netflix Price Increases
On this episode of Scarlet Scoop, we hear more about how OSU stacks up to other universities on remedial classes, listen to students' opinions about Netflix price increases, and learn more about the organization behind tomorrow's spring football game!Read More »
O-H-5-O: Brutus celebrates half a century at Ohio State
Brutus Buckeye kicked off his yearlong 50th birthday celebration Thursday in front an enthusiastic crowd of Ohio State students during the Office of Student Life's Buckeye Kick-off at the Ohio Stadium. OSU's favorite anthropomorphic nut spent the evening celebrating with old friends, including Athletic ...Read More »
Buckeyes creating a 'survival mentality' during Fall Camp
The Ohio State Buckeyes are getting ready to enter survival mode as Fall Camp will intensify next week with eight practices. Coach Urban Meyer said the team is not where they need to be just yet, but they are progressing day-to-day. For now, Meyer's main ...Read More »
Ohio State football alum tackles shoe, streetwear business
Dionte Johnson had dreams of becoming a professional athlete like many who have come through Ohio State's football program. Instead, he found himself in another field. Johnson, a former OSU fullback who played from 2004 to 2007, owns streetwear store Sole Classics, located at 846 ...Read More »
The Wexner Center to present 'Rare Football Films' with guests John Hicks, Bobby Carpenter
With just a little over a week left until the Buckeyes hit the field, football and the arts will be mixing together at the Wexner Center for the Arts. Former Ohio State and NFL greats John Hicks and Bobby Carpenter are slated to join the Wexner Center in premiering ...Read More »


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ALL MY PHOTO GALLERY in EUROPEAN MAP
{upload 14/2/2012 "FOR ♥ ALL ♥ THE ♥ LOV♥ERS" on VALENTINEs DAY}
Sorry, but "Via dell'Amore" in "5TERRE" in not lover's path. The meaning of "Via dell'Amore" is: -Love for Nature which leads man to dig into the rocks to have these marvellous sights. -Love for Mankind that dives man towards other men, other towns an other countrys and for this reason he overcomes every obstacle.
Giovanni Natali
OK, but LOVE is 1
whether it is for nature to either people or the woman of my life,
for me, it's the same...
I also love nature, people, travel, cities, countries, cultures, art..., + + + + + ...
The Love Path! Very nice,a beautiful view!. Like62. Greetings, Popi
Popi Braga
1OOO thanks Popi 4 the comment and the L:62.
Best greetings, Kostas :-)
I plan to visit. Good shot, like!
Best wishes, Attila
1OOO thanks 4 the comment + L:63.
Best regards, Kostas :-)
Deep thanks 4 the YS:17 + L:64 :-)
Super ,piękne zdjęcie pozdrawiam cieplutko
Zielona Oczko2362
Thank you for the comment and the L:65.
Greetings, Kostas :-)
Photo taken in 19017 Riomaggiore SP, Italy
Welcome Center - Riomaggiore


text:
Nomura Asset Acceptance Corp. v. Nomura Credit & Capital, 653541/2011
Civil Procedure | Statute of Limitations | Commercial Law
- Supreme Court, New York County, Commercial Division Part 49
- 653541/2011
- Justice O. Peter Sherwood
Cite as: Nomura Asset Acceptance Corp. v. Nomura Credit & Capital, 653541/2011, NYLJ 1202604071680, at *1 (Sup., NY, Decided May 10, 2013)
Justice O. Peter Sherwood
Decided: May 10, 2013
This is one of several residential mortgage-backed securities ("RMBS") "putback" litigations pending in this court.1 Defendant, Nomura Credit & Capital, Inc. ("Nomura" or "NCCI") moves, pursuant to CPLR 3211(a)(1), (5) and (7), to dismiss the amended complaint. As this is a motion to dismiss, the allegations are derived from the amended complaint and are assumed to be true.
The amended complaint alleges breach of contract arising out of Nomura's failure to repurchase allegedly defective loans from a pool of home mortgage loans that Nomura sold to Nomura Asset Acceptance Corporation Alternative Loan Trust, Series 2005-S4 (the "Trust") in connection with the securitization of the loans through the issuance of more than $259 million in RMBS certificates. Each of the three causes of action alleges breach of contract based on the same facts but differ as to the remedies being sought.
Nomura served as the Seller (commonly known as the Sponsor) for the Trust. Nomura purchased 4,890 mortgage loans after they were originated and then re-sold them with an aggregate principal balance of $275,145,795 to its affiliate, Nomura Asset Acceptance Corporation ("NAAC" or the "Depositor"), pursuant to a Mortgage Loan Purchase Agreement,
dated as of December 1, 2005 (the "MLPA"). The certificates were issued by the Trust pursuant to a Pooling and Servicing Agreement, also dated as of December 1, 2005 (the "PSA").
Pursuant to the PSA, NAAC conveyed the loans to the Trust, which issued the certificates and delivered them to the Depositor for sale to investors (referred to as certificate holders). HSBC Bank USA, National Association ("HSBC"), as Trustee ("Trustee" or "Plaintiff"), executed the PSA with: (i) NAAC as Depositor, (ii) Nomura as Seller, (iii) Wells Fargo Bank N.A. as Master Servicer, Securities Administrator and Custodian, and (iv) GMAC Mortgage Corporation as Servicer. The Trust held the loans pursuant to the PSA and issued the certificates, which were backed by the mortgages. Investors purchased the certificates, through which they obtained an ownership interest in the assets of the Trust, including the mortgages. The closing date of the securitization as provided by the PSA was December 21, 2005.
In Section 8 of the MLPA, Nomura made thirty-nine (39) representations and warranties ("Mortgage Representations") of which the Trustee claims the following were breached:
Accuracy of Information (MLPA 8(i)): "Information provided to the Rating Agencies, including loan level detail, is true and correct"
No fraud in origination or servicing (MLPA 8(ii)): "No fraud has taken place on the part of the Mortgagor or any other party involved in the origination of the Mortgage Loan"
Compliance with law (MLPA 8(vii)): "Any and all requirements of any federal, state or local law including, without limitation, usury, truth in lending, real estate settlement procedures, consumer credit protection, equal credit opportunity, fair housing, predatory, abusive lending or disclosure laws applicable to the origination and servicing of the Mortgage Loans have been complied with in all material respects"
Qualified appraisal (MLPA 8(xxvii)): "The Mortgage File contains an appraisal of the related Mortgaged Property which satisfied the standards of Fannie Mae and Freddie Mac and was made and signed, prior to the approval of the Mortgage Loan application, by a qualified appraiser, duly appointed by the Seller, who had no interest, direct or indirect in the Mortgaged Property or in any loan made on the security thereof, whose compensation is not affected by the approval or disapproval of the Mortgage Loan and who met the minimum qualifications of Fannie Mae and Freddie Mac. Each appraisal of the Mortgage Loan was made in accordance with the relevant provisions of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989"
Maximum Combined loan-to-value ratio (MLPA 8(xxxix)2): "No Mortgage
Loan had a combined loan-to-value ratio in excess of 100 percent"
No knowledge of adverse conditions (MLPA 8(xxxvi)): "No Mortgage Loan was selected from the mortgage loans in the Seller's portfolio in a manner so as to affect adversely the interests of the Purchaser"
Compliance with underwriting guidelines (MLPA 8(xxxvii)): "The Mortgage Loan was originated by or acquired (and if acquired by, was originated pursuant to the underwriting guidelines of) by the Seller or by a savings and loan association, a savings bank, a commercial bank or similar banking institution which is supervised and examined by a federal or state authority, or by a mortgagee approved as such by the Secretary of HUD"
No high-cost loans (MLPA 8(xxxviii)): "No loan is a high cost loan or a covered loan, as applicable (as such terms are defined in Standard & Poor's LEVELS Version 5.6 Glossary Revised, Appendix E)…."
Plaintiff also alleges breach of certain provisions of the PSA, specifically, PSA Section 2.03(b)(vii), which provides that "[t]he representations and warranties set forth in Section 8 of the [MLPA] are true and correct as of the Closing Date." PSA Section 2.03(b) also sets forth additional Mortgage Representations made by Nomura, such as Section 2.03(b)(ix) which provides that "[n]o loan is a High Cost Loan or Covered Loan, as applicable…."
The remedy for breaches of the Mortgage Representations is set forth in Section 9(c) of the MLPA and Section 2.03(c) of the PSA. The section provides that, "within 90 days of the discovery of a breach of any representation or warranty that materially and adversely affects the interests of the Certificateholders in any Mortgage Loan, [Nomura] shall cure such breach in all material respects, and, if such breach is not so cured, shall…repurchase the affected Mortgage Loan or Mortgage Loans from the Trustee at the Purchase Price…." The section also provides that, "if it is discovered by any of the Depositor, the Seller, the Securities Administrator or the Trustee that the substance of such representation and warranty is inaccurate and such inaccuracy materially and adversely affects the value of the related Mortgage Loan, notwithstanding the Seller's lack of knowledge with respect to the substance of such representation or warranty, the Seller shall nevertheless be required to cure, substitute for or repurchase the affected Mortgage Loan…." Pursuant to Section 2.03(c), the Seller's "obligation…to cure, purchase or replace any Mortgage Loan as to which a breach has occurred…shall constitute the sole remedies
against the Seller…." Under PSA Section 2.01, enforcement authority is vested in the Trustee.
In addition to the repurchase obligation, Section 7(v) of the MLPA contains a "No Untrue Statement Covenant," which states that the MLPA "does not contain any untrue statement of material fact or omit to state a material fact necessary to make the statements contained herein not misleading," and that "the written statements, reports and other documents prepared and furnished or to be prepared and furnished by the Seller pursuant to this Agreement or in connection with the transactions contemplated hereby taken in the aggregate do not contain any untrue statement of material fact or omit to state a material fact necessary to make the statements contained therein not misleading." The No Untrue Statement Covenant is set forth in a section of the MLPA that is separate from the Mortgage Representations. Plaintiff argues that these obligations are not subject to the remedy restrictions in §9 of the MLPA or §2.03 of the PSA.
Certificate holders who have over 36 percent of the voting rights of the Trust conducted an investigation into the loans. The investigation revealed that many of the loans placed in the Trust do not conform with one or more of the Mortgage Representations and therefore are in breach of the MLPA and PSA.
As described above, the MLPA contains a representation that "[no Mortgage Loan had a combined loan-to-value [("CLTV")] ratio in excess of 100 percent." The investigators employed trustee remittance reports and Automated Valuation Models ("AVM") to assess the values of properties underlying the loans. Plaintiff states that a CLTV that is reported as lower than its true value materially and adversely affects the value of the loan and therefore the interests of the Trust and of the certificate holders. The investigation revealed that the values of many of the properties that secured the mortgage loans were inaccurately reported. For many of the loans, the value determined by the AVM was significantly lower than the reported value of the property. Therefore, the actual CLTV was higher than the reported CLTV because the denominator used to calculate the reported CLTV was overstated. Plaintiff alleges that 276 of the loans reviewed so far had actual CLTV ratios higher than 100 percent, in violation of the representation in MLPA Section 8 (xxix).
Plaintiff also contends that in breach of MLPA §8(i), credit rating agencies were given untrue and incorrect information, causing the agencies to assign improper ratings to the different tranches of the RMBS offerings. The investigation revealed significant deviations from the metrics Nomura provided to the agencies with respect to LTV, CLTV and the owner-occupancy
status of the mortgage loans. Specifically, the investigation revealed 67 loans as to which owner-occupancy status was inaccurately represented.
As to the alleged breach of MLPA Section 8(xxvii), Plaintiff contends that the appraisals of the underlying properties were not independent and did not conform to MLPA requirements. In support of this claim, Plaintiff cites public reports and governmental investigations of appraisal fraud and the results of the certificate holders' investigation. The AVM reveal that there were discrepancies between the actual value of the properties and the appraised values, with the vast majority of the discrepancies arising from over-reporting of the appraised value. The investigators found that the appraised value of 162 properties were at least 10 percent or more of the true market value as determined by the AVM. From this result Plaintiff argues that there is strong reason to believe that the appraisals did not conform to federal guidelines and were biased because the appraisers were not independent as represented in MLPA §8(xxvii).
As to the alleged breach of MLPA §8(xxxvii) (underwriting guidelines), Plaintiff argues that Nomura represented that the loans conformed to its own underwriting guidelines, no matter what entity originated the loans, as well as to federal or state professional appraisal standards. The appraisal standards in the Uniform Standards of Professional Appraisal Practice ("USPAP") require that appraisals be independent, unbiased, and not contingent on a predetermined result. Plaintiff maintains that a false representation that a loan was secured by a property appraised by an independent appraiser, materially and adversely affects the interest of both the Trust and the certificate holders in that mortgage loan. The certificate holders' investigation analyzed CLTV ratios of sampled loans to determine whether the appraised values of the loans were made in accordance with established industry practice. Plaintiff claims that a CLTV deviation of 5 percent constitutes a material deviation that warrants the conclusion that serious errors occurred in the appraisal process in violation of USPAP standards. The investigation uncovered that the actual CLTV for 198 loans were at least 5 percent greater than that represented on the Closing Date.
Plaintiff also claims that an inspection of the mortgage loan files revealed additional breaches. A comprehensive forensic investigation of those files has been commenced (the "Reunderwriting"). That investigation has identified material breaches of the Mortgage Representations in 519 out of 565 Mortgage Loan Files as of the date of the amended complaint, a whopping 91.8 percent failure rate. The Reunderwriting found several material breaches, including (a) errors, misrepresentations, and/or gross negligence that was readily apparent on the Mortgage
Loan Files; (b) failure to comply with underwriting guidelines, including mandated employment, income, mortgage LTV and primary residency requirements; (c) significant documentation missing; and/or (d) failure to utilize a methodology in underwriting that employed objective mathematical principles designed to determine that at the time of origination, borrowers had the ability to make timely mortgage payments. The Trustee asserts that the breaches are systemic and are likely to negatively affect the value of the vast majority of the 4,890 mortgages in the Trust.
On October 20, 2011, certain certificate holders sent the Trustee a letter identifying specific defective loans and asserting that Nomura had an obligation to repurchase or cure the loans. The Trustee forwarded the letter to Nomura on January 26, 2012. A second letter was sent on December 15, 2011 and forwarded on December 20, 2011. A third letter was sent on May 4, 2012 and forwarded on May 16, 2012. A fourth letter was sent on July 12, 2012 and forwarded on July 17, 2012. The complaint alleges that Nomura had 90 days to repurchase or cure, but has not done so for any of the defective loans.
On December 20, 2011, Zambezi C2 L.L.C. and Zambezi C4 L.L.C. (collectively, "Zambezi"), who defendant describes as litigation hedge funds and who were certificate holders, commenced this action. On June 28, 2012, the Appellate Division, First Department handed down its decision in Walnut Place LLC v. Countrywide Home Loans, Inc., 96 AD3d 684 (1st Dept 2012), holding that individual investors, like the Zambezi Funds lack standing to sue. On July 11, 2012, defendant moved to dismiss the complaint for want of standing. On August 24, 2012, counsel for plaintiffs filed an amended complaint substituting the Trustee as plaintiff and thereby rendering the motion to dismiss moot. Defendant states that the Trustee agreed to be substituted only after Zambezi agreed to indemnify the Trustee. Under the terms of the PSA, the Trustee is authorized to demand indemnification.
The first cause of action (breach of contract/specific performance) alleges that Nomura failed to repurchase or cure any of the defective loans, in violation of Section 2.03(c) of the PSA. It seeks specific performance requiring Nomura to repurchase the defective loans. In the alternative, the Trustee seeks damages on behalf of the Trust. The second cause of action (breach of contract/rescission) alleges breach of the No Untrue Statement Covenant. Plaintiff alleges that the pervasive nature of the breaches constitutes a material breach of the MLPA. Plaintiff avers that money damages are insufficient because, given the breath of the breaches,
enforcement of Nomura's repurchase obligation would burden the Trust with an enormous expense and effort of having to re-underwrite each of the mortgages. The Trust thus seeks rescission of the sale of the Mortgage loans. The third cause of action (breach of contract/damages) duplicates the second cause of action, except that it seeks compensatory damages as an alternative to rescission.
Nomura advances three arguments in support of its motion to dismiss: (1) statute of limitations; (2) rescission and damages are not available because the contract limits remedies to substitution, repurchase or cure of the offending loan; and (3) failure to state a cause of action because the amended complaint does not adequately allege that any mortgage representation was breached. The court need only address the first of these.
Upon a proper motion, any cause of action that is barred by the statute of limitations must be dismissed (see CPLR 3211[a][5]). The statute of limitations for breach of contract is six years (see CPLR 213 [2]). A cause of action for breach of contract accrues at the time of the breach (see Ely-Cruikshank Co. v. Bank of Montreal, 81 NY2d 399, 402 [1993]). "Knowledge of the occurrence of the wrong on the part of the plaintiff is not necessary to start the Statute of Limitations running in [a] contract [action]" (id. at 403 [citation and internal quotation marks omitted]).
The Mortgage Representations were first made on December 1, 2005, the date as of which NAAC signed the PSA and MLPA. That date is more than six years before August 24, 2012, the date the Trustee was substituted in as Plaintiff. If the court were to accept that the Plaintiff's claims relate back to the date the summons with notice was filed by Zambezi (December 20, 2011), the suit would still be time-barred, because that date is more than six years after December 1, 2005, the date as of which the PSA and MLPA were signed. If however, the Mortgage Representations are deemed to have been made as of the Closing Date (December 21, 2005) and the claims were found to relate back, then the claims would not be time barred.3
Nomura contends that under New York law, a claim for breach of a contractual representation accrues on the date the representation is made (see Lehman Bros. Holdings, Inc. v. Evergreen Moneysource Mortg. Co., 793 F Supp 2d 1189 [WD Wash 2011] ["Evergreen"] and Structured Mortgage Trust 1997-2 v. Daiwa Fin. Corp., 02 Civ. 3232, 2003 WL 548868 [SDNY Feb. 25, 2003, Stein, J.] ["Daiwa"]). Both are RMBS putback cases applying New York law. In Daiwa, plaintiff alleged that defendant breached representations concerning characteristics of mortgages contained in a PSA. Plaintiff sued more than eight years after the PSA was executed. The court held the claim was time barred, reasoning that since the representations in the PSA "were not true when made, the statute of limitations began to run at that time and expired six yeas later" (Daiwa, 2003 WL 548868, at *2). In Evergreen, the plaintiff alleged that defendant breached contractual representations concerning the accuracy and truthfulness of information about mortgage loans purchased in 2003 and that the representations were untrue at the time of purchase. Plaintiff filed suit in 2010 and argued its claim was not time-barred because defendant's refusal to repurchase the loan was a separate breach of contract as to which its claim was timely. The court held that any duty to repurchase "is only triggered by a breach of any representations, warranties, or covenants" (Evergreen, 793 F Supp 2d at 1194).
Nomura argues that Plaintiff's claims are for breach of representations that occurred, if at all, no later than December 1, 2005 which is the "as of" date of the PSA and MLPA. Nomura adds that this is true even if the contract provides that the representations are made "as of" a future date, here the "Closing Date" (December 21, 2005) (see Lana & Edward's Realty Corp v. Katz/Weinstein Partnership, 26 Misc 3d 1238(A), *4-5 [Sup Ct, Kings County 2010, Demarest, J.]). Nomura thus argues that Plaintiff's claims accrued when the Mortgage Representations were made on December 1, 2005, and expired six years later, before Zambezi filed suit.
Defendant also argues that even if the relevant accrual date were December 21, 2005, Plaintiff's claims are nevertheless untimely because Zambezi, the plaintiff in the preexisting suit, lacked standing to sue and therefore the amended complaint does not relate back to the date the summons with notice was filed by Zambezi on December 20, 2011.
Defendant argues that Zambezi's lack of standing is established by the plain terms of the No Action clause of the PSA, which limits certificate holders' rights to sue to Servicer Defaults or Master Servicer Defaults. Although Plaintiff contends that Zambezi had standing to sue, understandably it does not elaborate in its opposition brief given the decision in Walnut Place
LLC, 96 AD3d at 684 ("certificate holders' action is barred by the 'no action' clause in the PSAs"). Instead, Plaintiff emphasizes that even if Zambezi did not have standing to sue, the claim relates back and the action survives.
"Relation-back applies to the amendment of claims and parties and is dependent upon the existence of a valid preexisting action" (Southern Wine & Spirits of Am., Inc. v. Impact Envtl. Eng'g, PLLC, 80 AD3d 505, 505-506 [1st Dept 2011]). No valid preexisting action exists when a plaintiff lacks capacity to sue (see Goldberg v. Camp Mikan-Recro, 42 NY2d 1029, 1030 [1977] [where the original plaintiff lacks standing to sue, there is no valid preexisting action for the purposes of the relation-back doctrine]). In face of these precedents, Plaintiff contends that "Goldberg has been either overruled or severely restricted by later decisions of the Court of Appeals" (Plaintiff's Memorandum of Law, p. 16, n. 12). Plaintiff cites Carrick v. Central General Hospital, 51 NY2d 242 (1980) and Snay v. Cohoes Memorial Hosp., 110 AD2d 1021, 1021 (3d Dept 1985) for this proposition. Carrick neither overruled nor "severely limited" Goldberg. In Carrick, the Court of Appeals interpreted CPLR 205, which permits a plaintiff (or his representative) whose timely claim is dismissed for a variety of reasons, including death of the plaintiff and pleading defects, up to six months beyond expiration of the limitation period to reinstate his suit. In such cases, the plaintiff who initiated the suit has standing to sue. The Court of Appeals did not address relation-back under CPLR 203 (f) (previously CPLR 203 [e]), the provision at issue in Goldberg and this case, where the plaintiff who initiated the case did not have standing and thus had no valid claim when he filed suit (see Southern Wine & Spirits of America, Inc., 80 AD3d at 505, 506 [1st Dept 2011] ["Relation back…is dependent upon the existence of a valid preexisting action"]; see also, Truty v. Federal Bakers Supply Corp., 217 AD2d 951, 952 [4th Dept 1995] [holding that where the original action for breach of contract was brought by parties without standing to sue, substituted plaintiffs may not serve an amended complaint after the statute of limitations had run because "there was no valid pre-existing action to which the amended complaint could relate back"]). Accordingly, the controlling date in this case is August 24, 2012, the date the Amended Complaint was filed to substitute in the Trustee as plaintiff.
Plaintiff argues that the Amended Complaint relates back despite Goldberg and some Appellate Division authority to the contrary. Plaintiff maintains that the First Department has held that where a plaintiff without standing is substituted by a plaintiff with standing after the
statute of limitations expires, such an amendment relates back to the date of commencement of the action for the purposes of the statute of limitations, so long as the substitution does not result in any prejudice or surprise to the defendant (see Fairbanks Capital Corp. v. Nagel, 289 AD2d 99, 100 [1st Dept 2001]).
In Fairbanks, the Appellate Division, First Department held that the initial plaintiff in its capacity as servicing agent for the Trustee which held the mortgage had standing to sue "based on the Trustee's delegation of authority over the subject mortgage" (id at p. 99). The court's alternative ruling that "[e]ven if [the original plaintiff's] status as servicing agent were not sufficient to confer standing upon it, the substitution of Fairbanks, the subsequent assignee of the mortgage, relates back to the original commencement of the action…for purposes of the Statute of Limitations, given that the substitution did not result in any prejudice or surprise to [defendant]" is inconsistent with Goldberg and the First Department's recent decision in Southern Wine & Spirits of America, Inc., 80 AD3d at 506. As the Court of Appeals reaffirmed in George v. Mt. Sinai Hsp., 47 NY2d 170, 179 (1979), "a necessary element of any attempt to utilize the 'relation-back' provisions of [CPLR 203[f]] is the existence of a valid pre-existing action to which the amendment can relate back." As in Goldberg, the original plaintiff in this case did not have standing to sue and therefore, there was no valid preexisting action to which the amendment (substituting the Trustee) can relate.
Plaintiff cites several cases in addition to Fairbanks in support of its position. Those cases are distinguishable. All turn on the fact not present here that the substituted plaintiff was a closely related corporate affiliate of the original plaintiff (see HSBC Guyerzeller Bank AG v. Chascona N.V., 42 AD3d 381, 382 [1st Dept 2007] [substituted plaintiff was affiliate in HSBC family]; American Home Assur. Co. v. Scanlon, 164 AD2d 751, 752 [1st Dept 1990] [substituted plaintiff was part of same interrelated group of insurance companies]; Frankart Furniture Staten Is. v. Forest Mall Assoc., 159 AD2d 322, 322 [1st Dept 1990] ["Leonard Frankel and Bernard Frankel are the principals of both [related] business entities"]).
At oral argument, Plaintiff's counsel cited additional cases, not referenced in its brief, where courts purportedly have held that an amendment substituting in a plaintiff with standing for a plaintiff without standing relates back to the commencement of the action for statute of limitations purposes. With permission of the court, Plaintiff's counsel submitted a letter listing several cases. The New York State court cases cited are readily distinguishable. In Matter of
Highland Hall Apts., LLC v. New York State Div. of Hous. & Community Renewal, 66 AD3d 678 (2d Dept 2009), the statute of limitations had not run as of the time the amendment was allowed substituting the new petitioner with standing for the original petitioner who lacked standing. The relation-back doctrine was not addressed. In New York State Thruway Auth. v. BE Contr. Corp., 280 AD2d 390 (1st Dept 2001), neither the statute of limitations nor relation-back doctrine was addressed (see also, MK W. St. Co. v. Meridians Hotels, 184 AD2d 312 [1st Dept 1992]). In Mansi v. New York City Tr. Auth., 146 AD2d 551, 552 (1st Dept 1989), the additional plaintiff had non-barred claims and both the original and additional plaintiffs were united in interest as to the transaction alleged in original complaint. In Bellini v. Gersalle Realty Corp., 120 AD2d 345, 347 (1st Dept 1986), the original plaintiff had preexisting claims, as it had the "burdens of ownership" at the time the complaint was filed. The cases decided in the federal courts are also distinguishable. In Advanced Magnetics, Inc. v. Bayfront Partners, Inc., 106 F3d 11 (2d Cir 1997), the shareholders were permitted to join the action of the corporation with valid preexisting claims following dismissal of the shareholder claims (brought initially by corporation due to defective assignment of the shareholder claims to corporation). In Abu Dhabi Commer. Bank v. Morgan Stanley & Co., 888 F Supp 2d 478 (SD NY 2012), there were valid preexisting claims. The statute of limitations and relation-back were not discussed. Similarly, in In re Vivendi Universal, S.A. Securities Litig., 605 F Supp 2d 570, 583-584 (SD NY 2009), there were valid preexisting claims4. In Chapple v. Fahnestock & Co., 2006 WL 2546563, *2 (ED NY, Sept. 1, 2006, No. 103-CV-04989-ENV-JA), the court permitted the bankruptcy trustee to substitute for the plaintiff who had a valid preexisting claim, but who lost standing to pursue employment discrimination claims upon filing for bankruptcy (see also Kotbi v. Hilton Worldwide, Inc., 2012 WL 914951, *3 [SD NY, Mar. 19, 2012, No. 11 Civ. 3550[TPG]] [substituting bankruptcy trustee for bankrupt plaintiff]; and Shaev v. Hampel, 2002 WL 31413805, *3 [SD NY, Oct. 25, 2002, No.99 Civ. 10578 [RMB] [same]. In Haddad Bros. Inc. v.
Little Things Mean A Lot, Inc., 2000 WL 1099866 (SD NY, Aug. 4, 2000, No. 00Civ.0578[AGS]), the court allowed the plaintiff who initially lacked standing to join a closely affiliated corporate plaintiff that had a valid claim.
Plaintiff also argues that its claims are not barred by the statute of limitations because each refusal of Nomura to repurchase the defective mortgages is an independent breach of contract separate and apart from the representations. On this theory, Plaintiff argues that Defendant has a continuing obligation to repurchase all defective mortgages and therefore the cause of action does not accrue until that obligation itself is breached (see Bulova Watch Co. v. Celotex Corp.. 46 NY2d 606 [1979]). In Bulova, the defendant sold plaintiff roofing materials, and provided a bond in which it agreed to make any repairs necessary to maintain the roof in water-tight condition for a period of twenty years. More than six years later, plaintiff filed suit after the roof had developed leaks which defendant failed to fix. Defendant maintained that the suit was barred by the statute of limitations. The court held that the suit was not time-barred, reasoning that the "bond obligations, as agreements contemplating services, were subject to a six-year statute…running separately from the damages occasioned each time a breach of the obligation to repair the bonded roof occurred….For this reason, the bond claims arising within six years of the commencement of this suit are timely, provided they also arose during the 20-year period to which the guarantee relates" (id. at 611). Plaintiff also relies on Lehman Bros. Holdings, Inc. v. Nat'l Bank of Ark., 2012 U.S. Dist. LEXIS 87265, at *12-13 [ED Ark June 25. 2012] and LaSalle Bank Nat'l Ass'n v. Lehman Bros. Holdings, Inc., 237 F Supp 2d 618, 638 [D Md 2002], cases that apply to New York law.
Bulova is inapposite. In that case, the defendant agreed to repair a roof for a period of twenty years. Thus, the defendant was obligated to fix the roof each time during that twenty year period the roof springs a new leak. In this case, the Mortgage Representations are alleged to have been false when made. Those representations did not arise or change over time. If the Mortgage Representations were false when made, they are still false today. If they were true when made, they are still true today. The repurchase obligation in this case is merely a remedy. It is not a duty independent of the Mortgage Representation breach of contract claims. The statute of limitations runs from the time of breach of the Mortgage Representations, not from the time plaintiff elected to make demands for repurchase.
Regarding the federal district court cases relied on by Plaintiff, those decisions misapply
a decision of the United States Court of Appeals for the First Circuit in Resolution Trust Corp. v. Key Fin. Svs., Inc., 280 F3d 12, 18 [1st Cir 2002] and are unpersuasive. The First Circuit case had nothing to do with the statute of limitations and does not hold that a failure to repurchase on demand constitutes an independent breach of contract. In New York, a cause of action for breach of contract occurs when the party making the claim possesses a legal right to demand payment (see Hahn Automotive Warehouse, Inc. v. Am. Zurich Ins. Co., 18 NY3d 765, 771 [2012]). The statute of limitations "begins to run from the date of the first alleged breach" (Evergreen, 793 F. Supp 2d at 1194), not from the time plaintiff chooses to seek a remedy. "To find otherwise would allow [plaintiff] to essentially circumvent the statute of limitations by indefinitely deferring its demand for payment" (id.). It appears that Plaintiff may have had a viable cause of action as early as December 1, 2005, e.g., a claim for rescission (see Lana & Edward's Realty Corp., 2010 NY Misc LEXIS 548, *11).
Because Plaintiff's causes of action, if any, accrued no later than December 21, 2005 (the "Closing Date") and the plaintiff with standing to sue appeared and filed its Amended Complaint on August 24, 2012, more than six years after Plaintiff's claims for breach of contract accrued, the complaint must be dismissed pursuant to CPLR 3211(a)(5). For this reason, the court need not decide whether the alleged misrepresentations were made for statute of limitations purposes "as of" December 1, 2005 when NAAC signed the MLPA and PSA or "as of" December 21, 2005.
Accordingly, it is hereby
ORDERED that the motion to dismiss the compliant is GRANTED in its entirety and the complaint is dismissed with costs and disbursements to defendant as taxed by the Clerk upon the submission of an appropriate bill of costs; and it is further
ORDERED that the Clerk is directed to enter judgment accordingly.
This constitutes the decision and order of the court.
DATED: May 10, 2013
1. At the request of the court, counsel for the parties provided a list of fourteen such cases involving statute of limitations issues currently pending in this court.
2. This section is numbered 8(xxxiv) in the MLPA, but should be numbered 8(xxxix).
3. Although the PSA and MLPA were signed by NAAC (in whose shoes Plaintiff stands) as of December 1, 2005, Plaintiff argues that the operative date is December 21, 2005 (the Closing Date) because PSA §2.03(b)(vii) provides that "[the representations and warranties set forth in Section 8 of the [MLPA] are true and correct as of the Closing Date." The representations and warranties under §7 of the MLPA were made "as of [December 1, 2005] and as of the Closing Date" and those under §8 were made "as of the Closing Date."
4. Notably, the court distinguished Perry v. Village of Arlington Heights, 186 F3d 826 (7th Cir 1999) where the United States Court of Appeals for the Seventh Circuit held that the district court properly dismissed the complaint in that case where plaintiff lacked standing at the time of commencement of the action (before the period of limitations expired) but thereafter gained standing after the statute of limitations had run. In that case, like this, there was no valid preexisting action. The court did declined to allow relation-back. Rather, it permitted plaintiff to bring a new claim based on allegations of events that happened within the period of limitation (see In re Vivendi Universal, 605 FSupp2d at 584).