text:
Kelley v. JPMorgan Chase & Co. et al
Filing 15
MEMORANDUM OPINION AND ORDER denying without prejudice 1 Motion to Withdraw Reference (Written Opinion). Signed by Judge Susan Richard Nelson on 9/21/11. (LPH)
UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Douglas A. Kelley, as Trustee for Petters Company, Inc., and Petters Group Worldwide, LLC; John R. Stoebner, as Trustee for Polaroid Corporation, et al.; and Randall L. Seaver, as Trustee for Petters Capital, LLC, Plaintiffs, Civil Nos. 11-193 (SRN/JJG), 11-194 (SRN/JJG), and 11-196 (SRN/JJG) MEMORANDUM OPINION AND ORDER v. JPMorgan Chase & Co.; JPMorgan Chase Bank N.A.; One Equity Partners LLC; Jacques A. Nasser; Lee M. Gardner; Charles F. Auster; James W. Koven; Rick A. Lazio; J. Michael Pocock; William L. Flaherty; and Ira H. Parker, Defendants. Douglas A. Kelley, as Trustee for Petters Group Worldwide, LLC, Civil No. 11-197 (SRN/JJG) Plaintiff, v. JPMorgan Chase & Co.; and JPMorgan Chase Bank N.A., MEMORANDUM OPINION AND ORDER Defendants. Thomas E. Jamison, Douglas L. Elsass, K. Jon Breyer, and Lori A. Johnson, Fruth, Jamison & Elsass, PLLC, 3902 IDS Center, 80 South Eighth St., Minneapolis, MN 55402, for Plaintiffs. John R. McDonald, and Kevin M. Decker, Briggs & Morgan, P.A., 2200 IDS Center, 80 South Eighth Street, Minneapolis, MN 55402, for Defendants. SUSAN RICHARD NELSON, United States District Judge This matter is before the Court on Defendants' motion for withdrawal of certain adversary proceedings from this district's bankruptcy court (Doc. No. 1.)1 For the reasons stated below, this Court denies the motion without prejudice. I. FACTUAL AND PROCEDURAL BACKGROUND A. The Collapse of Petters' Ponzi Scheme Thomas J. Petters was convicted in December 2009 on twenty counts of fraud, conspiracy and money laundering stemming from his operation of an extensive and longrunning Ponzi scheme. United States v. Petters, No. 08-364 (RHK/AJB), 2010 WL 1254353, *1 (D. Minn. March 24, 2010). Before his downfall, Petters had controlled and operated several business entities. Petters owned Petters Company, Inc. ("PCI"), as well as Petters Group Worldwide, LLC ("PGW"), a holding company for other businesses that Petters owned and controlled, including Petters Consumer Brands, LLC ("PCB"), a wholly-owned subsidiary of PGW.2 In April 2005, Petters acquired Polaroid Corporation by purchasing Polaroid 1 Defendants filed the same motion with respect to each of the four adversary actions pending before the Bankruptcy Court, thereby triggering the initiation of the four corresponding civil actions now before this Court, Civil Nos. 11-193 (SRN/JJG), 11-194 (SRN/JJG), 11-196 (SRN/JJG), and 11-197 (SRN/JJG). Loc. R. Bankr. P. (D. Minn.) 5011-1 (providing that clerk of bankruptcy court shall transmit a motion for withdrawal "to the clerk of the district court who shall file and treat the documents as a civil action"). Unless otherwise noted, all citations to the record are to the dockets of these four civil actions. 2 The facts are taken largely from the various Complaints, the allegations of which must be taken as true. 2 Holding Company ("PHC"), which itself (along with certain affiliates) was majorityowned and controlled by Defendants JPMorgan Chase & Co. ("JPMorgan"), its subsidiary JPMorgan Chase Bank, N.A. ("JPMorgan Bank"), and a private equity firm owned and controlled by JPMorgan, One Equity Partners (collectively, "JPMC"). Petters merged PHC with PCB, resulting in two new entities, again named Polaroid Corporation and, its parent, Polaroid Holding Company (collectively, "Polaroid"). Plaintiffs allege Petters used proceeds from his sprawling and long-running Ponzi scheme to acquire Polaroid. In addition to being the seller in the Polaroid transaction, JPMC also served as financial advisor to Polaroid, and as manager of the syndicate of banks that participated in loans to Polaroid, and JPMorgan Bank provided a $185 million credit facility to Polaroid immediately after it merged with PCB. The debt was repaid before the PCI bankruptcy. Petters also has had a banking relationship with JPMorgan since 2001. Petters opened several investment accounts with JPMorgan and eventually deposited into them more than $83 million of the proceeds from his Ponzi scheme. Petters used his accounts as collateral for a credit line PGW obtained from JPMorgan Bank. On September 24, 2008, federal agents raided Petters' offices looking for evidence of his Ponzi scheme. When JPMC learned of the raid, it declared the PGW credit line in default, seized the investment accounts and began to liquidate the approximately $25 million in securities Petters held in those accounts. Petters was arrested on October 3, 2008, setting in motion numerous legal actions. 3 B. The Ensuing Legal Actions The collapse of Petters' Ponzi scheme of extensive fraud resulted not only in the criminal prosecution of Petters, but also in numerous civil actions, including the many bankruptcy proceedings at issue here. On October 3, 2008, Petters, PCI and PGW were placed into receivership in civil litigation brought by the United States. After Plaintiff Douglas A. Kelley was appointed as Receiver for PCI, PGW, Polaroid and Petters Capital, Kelley petitioned to place PCI and PGW, which were insolvent, into bankruptcy. The PCI and PGW bankruptcy cases were administratively consolidated as In re Petters Company, Inc., No. 08-45257, and assigned to Bankruptcy Judge Gregory F. Kishel. Kelley then was appointed Trustee of the PCI and PGW estates. On December 18, 2008, Polaroid (and its affiliated debtors) filed for bankruptcy protection under Chapter 11. The cases are jointly administered as the "Polaroid Bankruptcy," No. 08-46617, and are also assigned to Judge Kishel. On September 1, 2009, the Polaroid debtors converted the action to one under Chapter 7 and the appointment of John R. Stoebner as Chapter 7 trustee was approved. In the interim, on June 12, 2009, another Petters entity, Petters Capital, LLC, filed for protection under Chapter 7. This bankruptcy action, No. 09-43847, was assigned to Bankruptcy Judge Nancy C. Dreher. Randall L. Seaver was appointed trustee. As PCI and PGW trustee, Kelley has filed, as of October 11, 2010, over 200 adversary proceedings seeking to recover stolen funds from more than 380 defendants that PCI or PGW had transferred to them. Judge Kishel is presiding over these 4 "clawback" cases. Of particular relevance here are: (1) three of the clawback cases, adversary proceedings filed in the Bankruptcy Court by Kelley, as bankruptcy trustee of PCI and PGW (as well as by the trustee of the Polaroid Corporation and the trustee of Petters Capital, LLC), Adversary Proceedings Nos. 10-4443, 10-4444, and 10-4445 (collectively, the "Joint Adversary Proceedings"); (2) a separate adversary proceeding filed by Kelley, as trustee of PGW, Adversary Proceeding No. 10-4446 (the "PGW Adversary Proceeding");3 and (3) a proceeding filed in the District Court by the federal equity receiver for PCI and PGW, Civil No. 11-193 (the "District Court Proceeding"). The receiver for PCI and PGW, Douglas A. Kelley, is also the bankruptcy trustee for PCI and PGW, and thus a Plaintiff in all of the actions at issue here (and the sole Plaintiff in the PGW Adversary Proceeding). The Joint Adversary Proceedings are brought against Defendants JPMorgan, JPMorgan Bank, One Equity Partners, and several individuals who were officers and/or directors of those entities and Polaroid Holding Company, the former parent company of Polaroid Corporation (collectively, "Defendants").4 The other adversary proceeding is filed against only Defendants JPMorgan, and JPMorgan Bank. The receiver action is brought against the same Defendants involved in the Joint Adversary Proceedings. 3 The Court will refer to the four adversary proceedings in bankruptcy court, that is, the Joint Adversary Proceedings and the PGW Adversary Proceeding, collectively as the "JPMC Adversary Proceedings." 4 The individual Defendants include Jacques A. Nasser, Lee M. Gardner, Charles F. Auster, James W. Koven, Rick A. Lazio, J. Michael Pocock, William L. Flaherty, and Ira H. Parker (collectively, the "Individual Defendants"). 5 Included in the clawback cases are the three Joint Adversary Proceedings, which seek to recover certain transfers of funds–"derived in whole or in part from proceeds of" Petters' Ponzi scheme including Petters' acquisition in 2005 of Polaroid Holding Company for approximately $426 million–by PCI, PGW, Polaroid and Petters Capital made to or for the benefit of Defendants. (Doc. No. 1, Ex. A, ¶¶ 26-27.) The separate PGW Adversary Proceeding seeks to recover $300,000 in preferential transfers and to avoid certain obligations upon which those payments were purportedly based. (Id., Ex. B, at 3.) In particular, the Trustee seeks to recover $300,000 in transfers that PGW made, in order to pay down its credit line from JPMC, in two payments on September 17 and 18, 2008, that is, shortly before PGW filed for bankruptcy on October 11, 2008. (Id. ¶¶ 83-85.) This claim was not included in the Joint Adversary Proceedings because it belongs only to the PCI & PGW trustee. All of these adversary proceedings, however, seek to avoid transfers made by the debtor and thus likely constitute "core proceedings" under the bankruptcy statute. 11 U.S.C. § 157(b)(2)(E), (F), & (H). The District Court Proceeding seeks to recover certain transfers Petters made to Defendants of funds derived from his Ponzi scheme, in particular the "amount of all assets that were held in [Petters' investment accounts at JPMC] immediately prior to September 30, 2008," when JPMC seized the investment accounts of approximately $25 million, which Petters had pledged as security for the PGW credit line, and "JPMC began liquidating the assets held in those accounts" after declaring PGW's credit line in default in the wake of the September 24, 2008 raid by federal agents on Petters' offices. (Doc. 6 No. 1, Ex. C, ¶ 17.) Because Petters himself has not filed for bankruptcy, the claim belongs only to the Receiver. And although Kelley was appointed trustee for PCI and PGW after they filed for bankruptcy, he also "continues to act as Receiver for PCI and PGW for certain matters." (Doc. No. 1, ¶ 24 n.3.) The District Court Proceeding, which does not include any claims under the Bankruptcy Code–and thus was not subject to being referred to bankruptcy court–is, of course, pending in this Court. Nevertheless, as Kelley readily discloses, he also seeks "recovery of all Receivership Estate assets that were transferred to defendants as a result of the Polaroid acquisition, to the extent those transfers are not recovered in the JPMC Adversary Proceedings." (Id. ¶ 28; accord id. ¶ 105.) Kelley, as Receiver, also seeks recovery from five of the eight Individual Defendants "[t]o the extent One Equity seeks to disclaim transfers received by its affiliates, and to the extent such transfers are not recovered in the Adversary Proceedings. (Id. ¶ 106.) Likewise, he seeks to recover from the remaining three Individual Defendants "all transfers received by [them] for their Polaroid stock, to the extent such transfers are not recovered in the Adversary Proceedings." (Id. ¶ 107.) Claiming that the Receiver for PCI and PGW asserts the same allegations and claims in the District Court action as he asserts in his capacity as trustee of the PCI and PGW bankruptcy estates, such that the adversary proceedings share common issues of law and fact with the District Court Proceeding, Defendants now move for withdrawal of the JPMC Adversary Proceedings from the bankruptcy court to this Court. (Doc. No. 1.) 7 II. DISCUSSION Under the Bankruptcy Amendments and Federal Judgeship Act of 1984, "the district courts of the United States have 'original and exclusive jurisdiction of all cases under title 11.'" Stern v. Marshall, ___ U.S. ___, 131 S. Ct. 2594, 2603 (2011) (quoting 28 U.S.C. § 1334(a)). The district courts also have original, but not exclusive, jurisdiction of "civil proceedings arising under title 11, or arising in title 11 cases, or related to those cases." 28 U.S.C. § 1334(a). Congress divided bankruptcy proceedings into three categories: (1) those that "aris[e] under Title 11"; (2) those that "aris[e] in" a Title 11 case; and (3) those that are "related to a case under title 11." Stern, 131 S. Ct. at 2603 (quoting 28 U.S.C. § 157(a)). Congress also authorized the district courts to "refer any or all such proceedings to the bankruptcy judges of their district." Id. By Order of July 27, 1984, the District of Minnesota referred "all bankruptcy cases and related proceedings to the Bankruptcy Judges for the District of Minnesota." In re Edward Pirsig Farms, Inc., 47 B.R. 376, 377 (D. Minn. 1984). A bankruptcy judge's authority varies depending "on the type of proceeding involved." Stern, 131 S. Ct. at 2604. As part of the 1984 revision of the Bankruptcy Code, Congress identified sixteen illustrative, but not exclusive, types of "[c]ore proceedings," including, as relevant here, "(C) counterclaims by the estate against persons filing claims against the estate," "(F) proceedings to determine, avoid, or recover preferences," and "(H) proceedings to determine, avoid, or recover fraudulent 8 conveyances." 28 U.S.C. § 157(b)(2). "Bankruptcy judges may hear and enter final judgments in 'all core proceedings arising under title 11, or arising in cases under title 11.'" Stern, 131 S. Ct. at 2604 (quoting 28 U.S.C. § 157(b)). "Parties may appeal from final judgments of a bankruptcy court in core proceedings to the district court, which reviews them under traditional appellate standards." Id. at 2603-04. "When a bankruptcy judge determines that a referred 'proceeding . . . is not a core proceeding but . . . is otherwise related to a case under title 11,' the judge may only 'submit proposed findings of fact and conclusions of law to the district court.'" Id. at 2604 (quoting 28 U.S.C. § 157(c)(1)). If objected to, such findings and conclusions are subject to a de novo review by the district court, which then enters final judgment in such cases. Id. District courts may also withdraw any case or proceeding referred to the bankruptcy court. 28 U.S.C. § 157(d).5 A. Discretionary Withdrawal Standard This Court "may withdraw, in whole or in part, any case or proceeding referred under this section, . . . on timely motion of any party, for cause shown." 28 U.S.C. § 157(d).6 The statute does not define or otherwise address the parameters of what would 5 The parties disagree whether this District's local bankruptcy rules require a party seeking withdrawal of a reference to first seek such relief from the bankruptcy judge before moving for withdrawal under Section 157(d). (Doc. No. 5, at 15-17; Doc. No. 7, at 8-9.) This Court need not resolve that dispute, however, as withdrawal, in any event, is not warranted. 6 Although withdrawal is thus often discretionary, "[t]he district court shall, on timely motion of a party, so withdraw a proceeding if the court determines that resolution of the proceeding requires consideration of both title 11 and other laws of the continue... 9 constitute "cause." In re Burger Boys, Inc., 94 F.3d 755, 762 (2d Cir. 1996); In re Parklane/Atlanta Joint Venture, 927 F.2d 532, 536 n.5 (11th Cir. 1991); Holmes v. Grubman, 315 F. Supp. 2d 1376, 1381 (M.D. Ga. 2004) ("While the statute does not define what constitutes 'cause shown,' the Eleventh Circuit has held that cause is not 'an empty requirement.'"). This Court is unaware of, and the parties have not directed its attention to, any controlling Supreme Court or Eighth Circuit precedent with respect to the "cause shown" standard. Other courts, however, have emphasized that withdrawal "'is an exception to the general rule that bankruptcy proceedings should be adjudicated in the bankruptcy court 'unless withdrawal [is] essential to preserve a higher interest.''" In re Dooley Plastic Co., 182 B.R. 73, 80-81 (D. Mass. 1994). "Withdrawal, even discretionary withdrawal, is permitted in only a limited number of circumstances." United States v. Kaplan, 146 B.R. 500, 503 (D. Mass. 1992) (requiring a "clear showing of cause"). And with respect to "core" bankruptcy matters, the party seeking withdrawal must "overcome the presumption that bankruptcy courts, and not district courts, should determine core matters." Abondolo v. GGR Holbrook Medford, Inc., 285 B.R. 101, 112 (E.D.N.Y. 2002); see In re Burger Boys, Inc., 94 F.3d 755, 762 (2d Cir. 1996) (noting that most important factor in withdrawal analysis is "whether the claim is core or non-core"). And, of course, the party seeking withdrawal bears the burden of showing such cause. Kaplan, 6 ...continue United States regulating organizations or activities affecting interstate commerce." Id. (emphasis added). Defendants do not contend that withdrawal is mandatory here. 10 146 B.R. at 503.7 The federal courts have articulated various standards, based on assorted factors, for the requisite showing of "cause." The Fifth Circuit has stated that "considerations of judicial economy" bear on the decision to withdraw the reference. Holland America Ins. Co. v. Succession of Roy, 777 F.2d 992, 999 (5th Cir. 1985). Thus, courts "should consider the goals of promoting uniformity in bankruptcy administration, reducing forum shopping and confusion, fostering the economical use of the debtors' and creditors' resources, and expediting the bankruptcy process." Id. Accord In re Parklane/Atlanta 7 One court has observed that the statute "creates a presumption that Congress intended to have bankruptcy proceedings adjudicated in the bankruptcy court unless rebutted by a contravening policy." In re DeLorean Motor Co., 49 B.R. 900, 912 (Bankr. E.D. Mich. 1985). Furthermore, overcoming the presumption requires "an overriding interest based on a finding by the Court that the withdrawal of reference is essential to preserve a higher interest than that recognized by Congress and is narrowly tailored to serve that interest." Id. (emphasis in original). Defendants contend that this "compelling cause" standard is unwarranted, a "needlessly restrictive and legally unsound standard" "at the extreme end of the spectrum of standards applied to the determination of 'cause,'" because it is mistakenly derived from the inapposite context of the closure of criminal trials to the public. (Doc. No. 7, at 13.) But even accepting Defendants' argument as to the erroneous basis for the DeLorean court's adoption of that standard, other cases–including the two Defendants also object to as representing an improper "extreme" standard–have imposed similarly strict standards without reliance on DeLorean or its rationale. In In re Washington Mfg. Co., the court concluded that "only a compelling cause warrants withdrawal," and that such a "high" standard is mandated by the fact that Congress inserted the non-mandatory provision "to protect against a constitutional attack" and that commentators suggest that "the cause standard requires more compelling support than a sound discretion standard would." 133 B.R. 113, 116 (M.D. Tenn. 1991). Similarly, in In re Onyx Motor Car Corp., the court concluded that non-mandatory withdrawal was warranted only where there is (1) a "clear demonstration of 'cause' and, (2) extraordinary circumstances." 116 B.R. 89, 90 (S.D. Ohio 1990). The court noted that the legislative history reflected "that there was not an intention to allow § 157(d) to become 'an escape hatch through which most bankruptcy matters will be removed'" to district court. Id. at 91. In any event, this Court need not rely on the cases to which Defendants object. 11 Joint Venture, 927 F.2d 532, 536 n.5 (11th Cir. 1991) (noting that while it had "not yet articulated criteria" for withdrawal, the Fifth Circuit had). Other courts have considered additional factors such as whether the claim is core or non-core, whether withdrawal would promote the efficient use of judicial resources, whether a jury has been demanded and whether withdrawal would prevent delay. Holmes v. Grubman, 315 F. Supp. 2d 1376, 1381 (M.D. Ga. 2004). The Second Circuit has held that the most important factor in the withdrawal analysis is "whether the claim is core or non-core." In re Burger Boys, Inc., 94 F.3d 755, 762 (2d Cir. 1996). In fact, a court "should first evaluate whether the claim is core or non-core, since it is upon this issue that questions of efficiency and uniformity will turn." In re Orion Pictures Corp., 4 F.3d 1095, 1101 (2d Cir. 1993). As the court explained, "hearing core matters in a district court could be an inefficient allocation of judicial resources given that the bankruptcy court generally will be more familiar with the facts and issues." Id. B. Withdrawal Is Not Warranted Here Before addressing whether the movants have demonstrated "cause," the Court first considers the latest developments regarding the constitutionality of the Bankruptcy Code. 1. Stern v. Marshall Does Not Require or Otherwise Warrant Withdrawal of the Reference After oral argument was heard on Defendants' motion, the Supreme Court issued its decision in Stern v. Marshall on June 23, 2011. On July 6, 2011, Defendants suggested that the decision "calls into question the jurisdiction of bankruptcy courts to 12 enter final judgment in fraudulent conveyance suits, such as the JPMC Adversary Proceedings, and thus provides an additional reason why the motions to withdraw the reference should be granted." (Doc. No. 10, at 1.)8 In Stern, the Supreme Court, addressing the division of authority between Article III courts and the Article I bankruptcy courts, held that a bankruptcy court "lacked the constitutional authority to enter a final judgment on a state law counterclaim that is not resolved in the process of ruling on a creditor's proof of claim." ___ U.S. ___, 131 S. Ct. 2594, 2620 (2011).9 The Court concluded that Section 157(b)(2), which enumerates sixteen illustrative but non-exclusive "core proceedings"–including "counterclaims by the estate against persons filing claims against the estate"–permits the bankruptcy court to enter a final judgment on her tortious interference counterclaim. Id. at 2605. Nevertheless, the Court concluded that Article III, which confers the judicial power of the United States exclusively on Article III courts, "does not." Id. at 2608.10 Accordingly, a 8 After reviewing the parties initial letter submissions, this Court permitted them to submit additional memoranda regarding the relevance here of Stern v. Marshall. (Doc. No. 12.) 9 After her husband died without including her in his will, Vickie Lynn Marshall filed suit in state probate court claiming that her husband's son fraudulently induced his father to sign a living trust that did not include her despite his purported intent to leave her half his property. Vickie then filed for bankruptcy in federal court. The son filed a complaint in the federal proceeding, claiming that Vickie had defamed him by inducing her lawyers to tell members of the press that he had engaged in fraud to gain control of his fathers's assets. He sought a declaration that his defamation claim was not dischargeable in the bankruptcy proceedings. Vickie then filed a counterclaim for tortious interference with the gift she expected from her husband. 10 Under separation of powers principles, the other branches of the Federal continue... 13 bankruptcy court may not constitutionally enter a final judgment on a state-law counterclaim that is not resolved in the process of ruling on a creditor's proof of claim. Id. at 2620. The Supreme Court expressly characterized the issue before it, however, as "a 'narrow' one" and its decision as not changing "all that much." Id. In fact, it stated that the bankruptcy statute–by purporting to include as a core claim, on which a bankruptcy judge could issue a final judgment, a state-law tortious interference counterclaim by the debtor's estate against a creditor of that estate who had filed a defamation claim against the estate–was merely a "[s]light encroachment" on Article III that would only "chip away at the authority of the Judicial Branch" rather than gutting it wholesale. Id. In response, Plaintiffs note that unlike the state-law counterclaim at issue in Stern, the "Trustees' claims against JPMC are quintessential core bankruptcy claims including claims to recover preferences and fraudulent transfers," and that JPMC's settlement payment defense under 11 U.S.C. § 546(e) "is peculiar to the Bankruptcy Code." (Doc. No. 11, at 2.) Moreover, Plaintiffs observe that while the Court in Stern addressed whether a bankruptcy court could enter final judgment on such a generic state-law counterclaim that was "in no way derived from or dependent upon bankruptcy law," here 10 ...continue Government may not confer such judicial power "on entities outside Article III," such as the bankruptcy courts. Id. at 2609. Thus, Congress generally may not withdraw from the Article III courts and assign to a legislative court, such as the bankruptcy courts, "'matters of common law and statute as well as constitutional law, issues of fact as well as issues of law.'" Id. (quoting Northern Pipeline Constr. Co. v. Marathon Pipe Line Co., 458 U.S. 50, 102 S. Ct. 2858 (1982)). 14 the issue is whether to now withdraw from Judge Kishel–who has been presiding over the various Petters' bankruptcy matters for "more than two and a half years" and has issued an extensive case management order governing the Petters adversary proceedings–the JPMC Adversary Proceedings from the more than 280 other clawback cases that are in pre-trial proceedings before him. (Id.) As Plaintiffs note, their claims against JPMC appear to be quintessential core bankruptcy claims, including claims to recover preferences and fraudulent transfers under Section 157(b)(2)(F) and (H). (Doc. No. 11, at 2.)11 Of the nine claims asserted by the Trustee in the Joint Adversary Proceedings, six are for fraudulent transfers alleging actual or constructive fraud and are premised on Sections 544 and 548 of the Bankruptcy Code. (Doc. No. 1, Ex. A (Complaint), ¶¶ 120-54.)12 As the bankruptcy court stated in In re Wencl, such adversary proceedings "clearly" are "core proceeding[s] within the meaning 11 This Court recognizes that "[t]he bankruptcy judge shall determine . . . whether a proceeding is a core proceeding under this subsection or is a proceeding that is otherwise related to a case under title 11." 28 U.S.C. § 157(b)(3). Accordingly, nothing in this Order should be viewed as confining, much less preempting, Judge Kishel's authority to make that determination. But for purposes of resolving the present motion, that factor is relevant, if not key. In re Orion Pictures Corp., 4 F.3d 1095, 1101 (2d Cir. 1993) (stating that a court "should first evaluate whether the claim is core or non-core, since it is upon this issue that questions of efficiency and uniformity will turn," and that "hearing core matters in a district court could be an inefficient allocation of judicial resources given that the bankruptcy court generally will be more familiar with the facts and issues"). And it is sufficiently clear that many of the adversary proceedings before Judge Kishel will likely be deemed "core." But, of course, that factor is only one of several informing this Court's analysis and decision. 12 The other claims include one count for "turnover and accounting" under 11 U.S.C. § 542, one count for "unjust enrichment / equitable disgorgement" and one count for "disallowance" under 11 U.S.C. § 502(b), (d). (Id. ¶¶ 116-19 & 155-63.) 15 of 28 U.S.C. § 157(b)(2)(H)." 71 B.R. 879, 881 (Bankr. D. Minn. 1987) (Kishel, J.). "In point of fact, the process of garnering fraudulently-transferred assets back into the bankruptcy estate–to the resultant benefit of all creditors–is one of those proceedings which is by its very nature essential to the adjustment and restructuring of debtor-creditor relationships that is at the core of federal bankruptcy jurisdiction." Id. at 882. Granted, the bankruptcy statute includes "counterclaims by the estate against persons filing claims against the estate" as a "core" proceeding, and as Stern demonstrates, such "counterclaims" may not constitutionally extend to generic state common-law claims such as tortious interference. Such claims often have only a fortuitous relationship with bankruptcy rather than being a claim that "stems from the bankruptcy itself or would necessarily be resolved in the claims allowance process." 131 S. Ct. at 2618. The claim at issue in Stern, however, was "in no way derived from or dependent upon bankruptcy law," but rather was "a state tort action that exists without regard to any bankruptcy proceeding." Id. Moreover, in Stern, the question arose after the bankruptcy court had entered a final judgment. Here, however, the proceedings at issue are at an early stage of the litigation. As Plaintiffs contend, "even if Judge Kishel could not issue a final judgment in the JPMC Adversary Proceedings, he has the unquestioned authority to conduct pretrial proceedings and submit proposed findings of fact and conclusions of law to the district court." (Doc. No. 11, at 3.) Thus, at a minimum, Stern does not require this Court to withdraw the reference at this time. Cf. In re Petters Co. (Kelley v. Hofer), 440 B.R. 805, 16 808-10 (Bankr. D. Minn. 2010) (denying motion to transfer to district court as premature, because demand for jury trial does not require transfer until after completion of summary judgment proceedings); In re Enron Corp., 318 B.R. 273, 275-76 (S.D.N.Y. 2004) (denying withdrawal "at this early stage of the adversary proceeding" and noting that bankruptcy court's retention of case "until the case is trial-ready would further the interests of judicial economy"). 2. Defendants Have Not Otherwise Shown "Cause" For Withdrawal At This Juncture Of The Proceedings Defendants contend that they seek withdrawal "in order to maximize efficiencies and avoid potentially inconsistent results" in light of the fact that the relevant adversary proceedings and the receivership action filed in this Court are "against the same defendants [and] included identical claims and allegations and arise out of the same set of transactions." (Doc. No. 7, at 6.) They assert that their motion for withdrawal is not "centered on the existence of a jury trial right" and not based on the position that "the adversary proceedings are non-core." (Id. at 11 n.4, 12.) But attempts to analyze individual withdrawal factors in isolation falters in light of the fact that factors such as efficiency often turn in part on other factors such as whether the proceedings are "core" or "non-core." In re Orion Pictures Corp., 4 F.3d 1095, 1101 (2d Cir. 1993) (stating that court "should first evaluate whether the claim is core or noncore, since it is upon this issue that questions of efficiency and uniformity will turn"). Moreover, while this Court does not disagree that the Complaint in the District Court Proceeding parallels much of the content of the Complaints in the Adversary Proceedings, 17 that overlap is inevitable in light of the fact that all of the claims emanate from the same underlying Ponzi scheme. But the fact remains that the Receiver's claims in the District Court Proceeding are not bankruptcy claims–such that the action must proceed only before this Court–whereas the Trustees' claims in the Adversary Proceedings are not only mostly bankruptcy claims, but apparently core bankruptcy proceedings–such that they likely should (within constitutional bounds) proceed before a bankruptcy judge. And as Plaintiffs observe, Defendants seek "to pluck the JPMC Adversary Proceedings from the more than 280 other clawback cases that Judge Kishel is currently administering in the PCI/PGW and Polaroid bankruptcies." (Doc. No. 11, at 2.) If the JPMC Adversary Proceedings were the only bankruptcy proceedings related to the District Court Proceeding, there might be a stronger case for discretionary withdrawal. Cf. In re Wedtech Corp., 81 B.R. 237, 239 (S.D.N.Y. 1987) (exercising discretion to withdraw, for purposes of judicial economy, core proceeding in light of "the overlapping of facts, transactions, and issues in the two cases"). Here, in contrast, principles of judicial economy weigh in favor of the bankruptcy court retaining the Adversary Proceedings, at least for the remaining pre-trial proceedings. The present situation is, in fact, the converse of that at issue in In re Adelphia Communications Corp. Sec. and Derivative Litig., where the district court noted that the bankruptcy claims "must be seen in a larger context which includes the many cases in or related to the above captioned multi[-]district litigation" centered on a class action. 2006 WL 337667, *4 (S.D.N.Y. Feb. 10, 2006). Here, in contrast, the 18 overwhelming bulk of the litigation is before the bankruptcy court, not this Court. Plaintiffs do not oppose withdrawal "based on the position that the bankruptcy court has authority to enter a final judgment in this matter. Instead, the opposition is based on notions of judicial economy and uniform administration of bankruptcy court proceedings." (Doc. No. 11, at 2.) The proceedings at issue here are part of a much larger web of interrelated legal proceedings. As Judge Kishel already has ruled in denying a motion to transfer to this Court one of the many other adversary proceedings in the overall Petters matter, this single adversary proceeding is only one piece of a very large project of dispute resolution, presented to the federal judicial system in this district by the response of the United States Department of Justice to large financial wrongdoing by Tom Petters. The project opened under the criminal jurisdiction of the U.S. District Court, via the lodging of felony charges against Petters and other persons. It quickly moved into the district court's civil jurisdiction; a receivership ancillary to the criminal process was commenced as a measure to contain and suspend further damage to putative victims, and to recapture assets for possible application to forfeiture and restitution during the criminal process. Then, the work moved into the bankruptcy jurisdiction, when the receiver elected to use the process and remedies of bankruptcy as the means to more broadly address and rectify the consequences of Petters's actions. In re Petters Co. (Kelley v. Hofer), 440 B.R. 805, 809 (Bankr. D. Minn. 2010). While the criminal prosecution took its course, "the receivership process focused on the identification, amassing, and liquidation of assets traceable to the individuals and companies under its direct administration." Id. A number of Petters's corporations were then put into bankruptcy and over the next two years their assets on-hand were stabilized and liquidated. Id. 19 It was not until the criminal process was finalized, however, that a much broader issue, oriented to both process and result, came to the fore, spearheaded by the United States Department of Justice as the party that had invoked federal jurisdiction in the first place: where, and through what legal mechanisms, was a comprehensive process of restitution and recovery for all those harmed by the underlying wrongdoing to be completed? Id. (emphasis in original). Negotiations among all of the concerned parties resulted in "a 'Coordination Agreement' jointly approved by [the bankruptcy court] and the district court (Montgomery, J.) on September 14, 2010," which "embodied a mutual judgment as to an acceptable means to make as many victims of a complex and long-running artifice as whole as possible, via a combination of structured legal processes." Id. (explaining that the U.S. gave up administrative forfeiture in favor of judicial bankruptcy and receivership proceedings). Thus, the district court's criminal process was not to entail forfeiture or restitution as a means of compensating victims; the district court's receivership process was to finish the liquidation of the assets of the individuals subject to it, and to distribute the proceeds as appropriate; and as to the corporate entities the major vector of recovery, liquidation, and distribution to parties holding the status of creditors or victims was to be the bankruptcy process. Id. at 810 (explaining that "a bankruptcy judge will preside over all of the judicial work that lies within the statutory and constitutional limits of his judicial authority"). As Judge Kishel further explained: In the case of a proceeding where a party is entitled to a jury trial and will not consent to a bankruptcy judge conducting the trial, the bankruptcy judge will retain authority over the proceeding until–at the earliest–it is established that a trial is necessary–i.e., all possibility of resolution via summary adjudication under Rule 56 or otherwise has been exhausted. Id. In short, this Court agrees with Judge Kishel's December 2010 summation that 20 retention of proceedings by the bankruptcy court functions to make best use of the specialized expertise of the bankruptcy judiciary, in the substantive law of fraudulent and preferential transfers, the Bankruptcy Code's specific governance over its avoidance remedies, the law of unjust enrichment, and the analysis of record evidence and shifting burdens under Rules 56. This will promote efficiency in dispute resolution, by making best use of accumulated judicial familiarity with historical context and structural interrelationships, by enabling quicker adjudication on issues that do not involve contests of fact, by narrowing the range of issues in litigation, and by channeling pretrial procedural disputes to a forum that is not distracted by a criminal docket with speedy-trial dictates and the heavy multi-district litigation docket that our district court has. Finally, the benefit of a uniformity of judicial approach to a docket of litigation with numerous common issues supports the retention of this and all of the other matters, as a single grouping, for the near and mid-future. Id. at 810-11. The next month, on January 21, 2011, Judge Kishel issued his "Case Management Procedures" governing the Petters adversary proceedings jointly administered under Civil No. 08-45257. (No. 08-45257, Doc. No. 961.) Of particular relevance here are the procedures he established for coordinating and consolidating common issues of law and fact. (Id. § F.) Perhaps of greater relevance are the procedures regarding "Jury Trials and Other Pre-Trial Jurisdictional Matters." (Id. § J.) Judge Kishel directed that the bankruptcy court "shall retain the judicial authority to preside over all Adversary Proceedings where a party is entitled to a jury trial and will not consent to a bankruptcy judge conducting the trial until–at the earliest–it is established that a trial is necessary to adjudicate all pre-trial matters, including the presentation of all dispositive motions and issuance of decision on them." (Id.) Furthermore, Judge Kishel ruled that all motions for "determination of the right to a trial by jury or transfer of an Adversary Proceeding to the 21 district court shall not be filed until a later time fixed by this Court." (Id.)13 Defendants filed the present motions five days later on January 26, 2011. This Court sees no basis, much less need, to disrupt the carefully-crafted procedures already in place by granting withdrawal of the JPMC Adversary Proceedings. Efficiency, uniformity and judicial economy all clearly weigh in favor of the bankruptcy court retaining these adversary proceedings through pretrial procedures. Cf. In re Enron Corp., No. 03-CV-5078 (DLC), 2003 WL 22171695, *2 (S.D.N.Y. Sept. 22, 2003). Finally, Defendants argue that in light of the non-bankruptcy action pending before this Court, withdrawal is necessary to prevent the "manifestly unfair and judicially inefficient result of requiring JPMC to defend against duplicative claims and allegations on competing tracks in separate forums, while its litigation adversaries get two bites at the same apple." (Doc. No. 1, at 7.) Defendants observe that the allegations and claims in the District Court action "are identical to those [Kelley] asserted as trustee" in the PCI and PGW bankruptcy actions. (Id. at 8.) Moreover, Defendants claim that Kelley expressly acknowledged "that the purpose of the duplicative allegations and claims in the District Court Action is to give plaintiff two bites at the apple," because the "District Court Complaint seeks recovery only 'to the extent those transfers are not recovered in the [Joint] Adversary Proceedings.'" (Id. at 9 (characterizing District Court action as "a 13 The withdrawal statute expressly permits this Court to withdraw a bankruptcy action "in whole or in part." 28 U.S.C. § 157(d). Granted, the statute also requires that a "motion of any party" be timely, in addition to showing "cause." Id. But in light of the present motion and this Court's resolution of it, any motion for withdrawal after pretrial proceedings are completed would not be deemed untimely. 22 'do over,' if things do not go [Kelley's] way, in his role as trustee, in the Bankruptcy Court").) This Court does not understand the various proceedings as an attempt to get two impermissible bites at the apple, to obtain duplicative recovery, or to otherwise game the system. Plaintiffs openly explain the relief they are seeking in the various actions, which does not amount to any scheme for double recovery, but rather is an attempt to coordinate the various actions such that the relief obtained in bankruptcy court would dovetail with that obtained here. As Plaintiffs contend, "[w]hich, if any, transfers related to the Polaroid acquisition are recoverable by the Receiver [in this District Court Action] can only be determined after the Joint Adversary Proceedings have concluded in Bankruptcy Court." (Doc. No. 5, at 13 (emphasis in original).) Moreover, the JPMC Adversary Proceedings before Judge Kishel and the District Court Proceedings before this Court will hardly be proceeding on separate tracks blindly ignorant of each other, such that Kelley would be able to get two bites of the apple. And putting aside whether principles of collateral estoppel would be sufficient to erect a legal wall against any attempt at the proverbial second bite, Defendants may, if necessary, move to stay the present action until the adversary proceedings sort out whatever issues might be of relevance in this District Court action. In short, various mechanisms apart from withdrawal of the reference are available to coordinate the various proceedings and to preclude any improper litigation tactics or duplicative recoveries. In sum, the present motion for withdrawal is, at best, premature. "Defendants may 23 renew their motion, if necessary, when the case is ready for trial." In re Gaston & Snow, 173 B.R. 302, 307 (S.D.N.Y. 1994). III. ORDER Based on the foregoing, and all the files, records and proceedings herein, IT IS HEREBY ORDERED that: 1. Defendants' motion for withdrawal of the reference [Doc. No. 1] is DENIED WITHOUT PREJUDICE (to renewal if and when the relevant adversary proceedings are trial-ready). Dated: September 21, 2011 s/ Susan Richard Nelson SUSAN RICHARD NELSON United States District Judge 24


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TGIA- Thank Goodness It's August!
Oh my goodness! Where do I begin?!
The last 13 games played by the Diamondbacks have been incredible… well for the most part! After beating the Mets and winning a series on the road, the D-Backs came home and began dominating their opponents. The boys are 8-5 in their last 13 games and if you know anything about the D-Backs 2010 season, then you know that they are having an amazing streak! August has been good to Arizona!!
Here's a recap and some highlights from the last 4 series:
The D-Backs faced the Washington Nationals at home for a four-game series. Game one was dominated by Adam Dunn and the long ball. The Nats won 3-1. Game two was all Arizona! Joe Saunders made his home debut, and Mark Reynolds celebrated his 27th birthday. The slugger hit a big three-run homer for the D-Backs, however, his next at-bat didn't end so well… The third baseman was drilled in the helmet by a Washington reliever and was pulled from the game. The next day, Reynolds said he was good to go and started the game, but he didn't last long. After three strike outs and a missed ground ball at third, Reynolds admitted he wasn't feeling right and pulled himself from the game. He missed the next three games as he recovered from his head injury. Anyway, back to the series! The Diamondbacks beat the Nats 6-1 in game two, but lost game three 2-7. Barry Enright started game four for Arizona and he was great, as usual! This kid doesn't disappoint and he's officially my favorite pitcher! The Diamondbacks tied the series and won 8-4.
Reynolds after being hit in the head with a 90 MPH fastball.
San Diego came to town next and I was very surprised, but definitely pleased when the D-Backs won the series!! Who would've thought the last place Diamondbacks could beat the first place Padres? Newbie Daniel Hudson made his home debut and gave up just one run in the series opener. The Diamondbacks beat the Padres 2-1. Game two was a little more intense and special. It was Luis Gonzalez night and Arizona retired the legend's number 20. Rodrigo Lopez took the mound in front of a sellout crowd and the boys in red were off to a great start! Chris Young hit a lead-off home run in the bottom of the first to boost the D-Backs ahead of the Padres. By the fourth inning, Arizona had a 5-0 lead over SD, but then things got interesting… The Padres scored three runs in the top of the sixth inning and with a two run lead in the ninth inning Arizona's closer, Aaron Heilman, gave up two solo homers. The game was tied 5-5 when Chris Young walked up to the plate in the bottom of the ninth and hit a walk-off homer. I was at this game, and it was incredible. The fans went crazy, and I got the goose bumps!! It was an unforgettable game dedicated to an unforgettable player! The last game of the series was all about the Padres. The Diamondbacks lost 10-1 and Mat Latos completely destroyed my boys! That kid is such a beast!!
A picture is worth a thousand words. CY after hitting his walk-off home run!
I wasn't expecting much when the D-Backs travelled to Milwaukee to take on the Brewers. The Brewers have owned Arizona for a LONG time. Game one was amazing! Ian Kennedy was off to a rough start and allowed four runs before finding his groove, but the bullpen took over and kept the game close! The Diamondbacks trailed the Brew Crew by a run going into the ninth inning, but they came through and tied the game at 4. In the tenth inning the D-Backs scored three runs off of Milwaukee's closer Trevor Hoffman. Stephen Drew hit a single to score the go-ahead runs and Ryan Church capped it off with an RBI single as well. The Diamondbacks won in extra innings 7-4. Game two was also an Arizona victory. Miguel Montero hit a solo home run in the eighth inning, giving the D-Backs a 2-1 lead which the Brewers could not overcome. A record was tied in the third game of the series. LaRoche, Montero, Reynolds and Drew hit back-to-back-to-back-to-back home runs!!! This feat has only been accomplished seven times in MLB history, so good job boys! Daniel Hudson helped himself out and sealed the win with a bases loaded/bases clearing double. The Diamondbacks beat the Brewers 8-2. And in the last game of the four-game set the Brew Crew avoided the sweep and beat Arizona 4-8.
Click here to watch the back-to-back-to-back-to-back homers: http://arizona.diamondbacks.mlb.com/video/play.jsp?content_id=10871989&topic_id=8878524&c_id=ari
The Diamondbacks are currently playing the Nationals in a three-game set. The series is tied 1-1 and tomorrow two, talented youngsters are set to square off. Barry Enright vs. Stephen Strasburg! I know Enright isn't as dominant or recognized as Strasburg, but he's super consistent and confident! I can't wait for this match-up! I think Enright is definitely capable of shutting the Nats down. The question is whether or not the D-Backs offense will be able to handle Strasburg's stuff! LET'S GO BOYS! BEAT THE NATS J
Daniel Hudson phenomenal in D-Backs debut!
Daniel Hudson made his debut in Sedona Red Sunday afternoon, and it was a good one! The Diamondbacks cruised past the Mets, 14-1.
Hudson pitched eight innings, allowing three hits and a run. The strong Mets offense was shut down by the new Diamondback, and let me tell ya, it was great! David Wright, please don't blame the lack of video on Hudson for your shortcomings today… The kid's got skills and you got beat! Just admit it.
The offense was also explosive today! The D-Backs offense doesn't carry too well on the road, so it was definitely nice to see some power! Eleven of the twelve Diamondbacks that played today had at least one base hit. Adam LaRoche had an amazing day, with two three-run homers and a double. Mark Reynolds, Justin Upton and John Hester had two-hit nights (Upton extended his streak to 17 games). Stephen Drew and John Hester had solo homeruns, and Daniel Hudson earned his first Major League base hit and RBI when he drove in a pair to cap off a five-run fifth inning. Bobby Crosby, the lone player without a hit, had a long sacrifice fly to get his first RBI as a D-Back. Overall, it was an incredible day for the Diamondbacks and they came away with a road series win!!
I think I've changed my mind about all the trades! So far, the "fire sale" is working out for Arizona. Do we now have the players we need to turn the season around for good? I sure hope so. Come on, boys! Beat the Nats! You can do it :)
And the trades keep comin'
First, the beloved Dan Haren went to the Angels.
Then, Edwin Jackson was dealt to the Chicago White Sox.
And now, Chad Qualls and Chris Snyder have left Arizona. Qualls headed to Tampa Bay and Snyder to the Pittsburgh Pirates.
I don't know how I feel about our three latest trades…
The Haren-Saunders deal seems to be working out for us! Saunders had a pretty solid outing in his Diamondbacks debut, even though the boys lost to the Phillies in the eleventh inning. I will still miss Danny, but I'm liking what Joe Saunders brings to the ball club!
As for Edwin Jackson- he did throw a no-hitter this year, but he hasn't been the most consistent pitcher. Don't get me wrong, I was a fan of young right-hander, but maybe we will benefit more with a different pitcher in the rotation. I guess we'll have to wait and see!
I will not miss Chad Qualls! He was inconsistent and had too many horrible, frustrating innings; innings that cost the D-Backs wins! He's all yours Tampa! Enjoy! Who knows, maybe your pitching coach can fix him up a little!
I don't know what to think about the Chris Snyder deal. I don't know anything about the players we received for him, and I'm not sure how I feel about leaving Miguel Montero with a rookie catcher as his back up… Miggy had knee surgery earlier in the season, and I'm just not sure how much catching he can handle. I would hate to see Miggy back on the DL!! Anyway, I wish the best of luck to Snyder in Pittsburgh!
The D-Backs snapped their seven-game losing streak last night as they beat the Mets 9-6. Good job boys, I'm glad you finally got a good win! Barry Enright will take the mound tonight against New York. I love this kid and I hope he can get Arizona another victory!
Tough end at home, tough start on the road!
After sweeping the Mets in a three-game series at home, the D-Backs were swept by the Giants in a four-game series to end their latest homestand. The offense was quiet against San Fransisco and the Diamondbacks had some game-costing errors. They nearly avoided the sweep in game four of the series but came up short with runners in scoring position and lost in the 10th inning. Typical Arizona offense.
One man who had a great series against the Giants was Diamondbacks second baseman, Kelly Johnson! Kelly hit for the cycle, becoming the fourth player to do so in D-Backs history. However, his team failed to make routine plays and the cycle was overshadowed with the loss. Good job KJ, I'm proud of you! But seriously guys, how does a player hit for the cycle and the team still can't come up with a win? Ugh.
The Dan Haren trade is also a bummer for the D-Backs. Yes, we acquired three pitchers and a player to be named but trading away our ace, really Dipoto? I think I speak for all the Arizona fans when I say I am very disappointed! Joe Saunders has a pretty impressive resume, but if this deal doesn't help us win any more than we already are then what was the point? The fan base is already diminishing, and I'm afraid we will hardly have anyone in attendance if this trade doesn't work out… I would love to see Saunders do well in AZ and help us turn things around, but I think it will take a little more than a new starter and some minor league pitchers! I wish the best of luck to Haren in Anaheim! He deserves to be on a team that will give him run support and back him up in the pen. Hopefully he can help the Angels become playoff contenders and get some wins! And I hope that shot he took to the arm doesn't affect him too much. I still love Danny, even if he is in a different uniform!
Tonight the Diamonbacks played the first game of a three-game series against the red hot Philadelphia Phillies. Arizona's Rodrigo Lopez was on track to get the win over Philadelphia's Cole Hamels, but the bullpen blew it. Didn't see that one coming! The Diamondbacks had the lead 5-4 going into the bottom of the sixth, however, Ryan Howard pushed the Phillies ahead of the D-Backs with a two-run bomb off of reliever Jordan Norberto. Cody Ransom capped off the win in the seventh when he hit a two-run rocket off of a struggling Chad Qualls.
There were some positive notes in this game- Mark Reynolds walked with two outs, bases loaded in the first inning to give the D-Backs a one-run lead. Gracie and Sutton (the Arizona broadcasters) called it his best at-bat of the season! Reynolds also hit his 24th homer of the season against Hamels in the fourth inning. Justin Upton extended his hitting streak to 13 games when he singled in the first. Arizona rookie, Rusty Ryal, went 2-for-3 in the game.
The Diamondbacks extended their losing streak to five games and their record is now 37-63. That's pathetic! I can't think of anything more pathetic right now than that record! PLEASE do me a favor boys and win some games!!!!!! I don't know how much more of this I can handle. I love this team, but it's getting hard to watch!
Sweet SWEEP!
Last night the Arizona Diamondbacks got their first three-game sweep of the season when they beat the New York Mets 4-3 in the 14th inning. The walk-off run was scored by Justin Upton when Chris Snyder came off the bench and belted a line drive into left field.
I was in attendance at last night's came and it was definitely an exciting, fun game to watch! Dan Haren had a pretty good outing, giving up three runs in six innings. The bullpen was phenomenal and pitched eight scoreless innings, allowing just one hit! The Diamondbacks had three solo home runs by Chris Young, Rusty Ryal and Mark Reynolds. Ryal had a career high 4-hit night, while Justin Upton extended his hitting streak to eight games.
I must admit, I had my doubts of getting a win with last night's line-up. Ojeda, Gillespie, Ryal and Abreu started the game, and the last time the four of them played together the D-Backs got absolutely crushed by the Dodgers! Last night's outcome was different, however, and I am never going to question Gibby's line-up again! The boys fought hard, got the win and I couldn't ask for more!
Good job D-Backs! Keep playing solid baseball, play for pride and be the division spoiler!
I believe in you!
He's a keeper!
I wasn't planning on blogging again today, but I can't help myself!
Enright pitched eight solid innings tonight. He sat down fourteen Mets in a row, had eight K's, and pitched into seven 0-2 counts. The Mets scored one run on five hits and a walk off of the young right-hander. Enright also had his first Major League hit and RBI tonight!
Juan Gutierrez made it a nail-biter when he gave up a solo homer in the 9th to make it a one-run game. However, he hung in there and got the save! The Diamondbacks earned their second win in a row, beating the Mets 2-3.
Back to Barry- I would love to see this kid stay with the D-Backs for a few years! He has so much potential and with four starts under his belt he's already becoming a mature, sharp pitcher! Plus, the fact that he stayed for a good ten minutes after the game signing balls, gloves, shirts, etc. for the fans makes him even more lovable in my book!
Good job Barry Enright and good job D-Backs! Enright is definitely all right!
It's about time the D-Backs get a solid win!
I was soooooo happy last night when the boys completely dominated the Mets! The offense was explosive and Ian Kennedy did an excellent job on the mound! The bullpen wasn't too shabby either!
There were a ton of hits in last night's game, but two at bats that stand out in my mind were by Justin Upton and Mark Reynolds. Upton had an 0-2 count and battled with Mets pitcher, Mike Pelfrey, until he drew a walk in the first inning. Three batters later, Mark Reynolds put a nine pitch at-bat on Pelfrey and then smashed a triple high off the center field wall. Reynolds also had a 3-run homer and a single. He was just a double away from hitting for the cycle! The D-Backs forced Pelfrey to leave the game after pitching just one and one third innings- it was the shortest outing of his career. Pelfrey gave up six runs, seven hits and issued two walks.
The Diamondbacks had some great plate appearances that I hope will carry over into tonight's game. They battled in the box and produced quality runs, which definitely hasn't been one of their strengths as of late. I know it was just one game, but I always have hope that maybe it is the game that will turn Arizona's season around!
Tonight Barry Enright will pitch for the D-Backs against R.A. Dickey in game two of this series. Hopefully Enright is right and the boys can get another win! GET IT DONE D-BACKS!
Click here to see Reynolds' triple!
Get Him Reynolds!
The D-Backs opened the second half of their season against the Padres for a three-game series in San Diego. The boys in red got swept and let's just say the series was a disappointment for Diamondbacks fans! I guess that's why the Padres are in first place and the D-Backs are in last…
There were a few positive notes for Arizona in this series. The boys were very aggressive on the bases and the offense gave Heath Bell a run for his money in the 9th inning of Sunday's game.
The highlight of this series for me, however, was the confrontation between Arizona's Mark Reynolds and San Diego's Evereth Cabrera.
Cabrera took a huge lead off at third base and was thrown out by Miguel Montero. Reynolds had to dive at Cabrera to make the tag and Cabrera retaliated with a kick to Reynolds' shoulder, barely missing his face. Of course, Mark Reynolds defended himself with a few shoves of his own and the benches cleared, but no punches were thrown. In my opinion, Reynolds' actions were justified, but Cabrera shouldn't have been ejected from the game.
It was good to see some fire in Reynolds today! Not only did he defend himself, he responded with a base hit his next at bat. Even though the hit didn't help anything but Mark's batting average, it was still fun to watch!
And for any San Diego fans who are upset about the ejection- I'm sorry, but I don't feel bad. Your team still won and that's all that matters, right?
My Top 10 D-Backs Moments (pre- All Star break)
Since I will not have access to a computer for the next week, I have decided to post my favorite 2010 D-Backs moments a little early. These moments of greatness were few and far between, but they were definitely some of the highlights so far this season. I know my boys are not even close to being the best team in baseball, but I still love them and I enjoyed sharing these moments with them!
My Top 10 D-Backs Moments:
10. Kelly Johnson proves to be a good pick-up by the Diamondbacks with his dynamite hitting in April! KJ, welcome to Arizona!
9. I couldn't decide which I liked more, so I guess you can pick!
Mark Reynolds smashes his 100th career home run against Tim Lincecum! "High drive, DEEP LEFT FIELD, Reynolds just got him!"
A struggling Mark Reynolds gets a homer- with a little help from Randy Winn!
8. Dan Haren's home run against the Cardinals! Actually, all of Haren's clutch hits this season! A .435 batting average for a pitcher? Now that's ridiculous.
7. Miguel Montero returns from the DL and tears it up in the batters box! Miggy, we missed you and your swing dearly!
6. Chris Young makes a fabulous catch to take away a walk-off homer by BJ Upton and give the Arizona Diamondbacks their 1,000th franchise victory!
5. Out with AJ Hinch, in with Kirk Gibson! Welcome to the managerial job Gibby, congratulations on your first win!
4. The boys rack up 13 runs in a single inning against the Pittsburgh Pirates, setting a new franchise record! Even Edwin Jackson had a 2-run bomb!
3. Justin Upton hits two homers as the D-Backs spank the Yankees 10-4 in a much needed victory for Rodrigo Lopez!
2. Ryan Roberts is called up from Triple-A-Reno and hits a walk-off single to give the D-Backs a 7-6 victory over the Colorado Rockies! "Finally the Diamondbacks walk someone else off!"
1. Edwin Jackson throws the second no-hitter in Diamondbacks history! Enough said.
This weekend the D-Backs round out the first half of a not so great 2010 season. Starting tonight the boys will take on the Florida Marlins in a four-game series before the All-Star break. And if you ask me, the break could not come soon enough! I hope it will be the perfect remedy to cure my struggling team! Come on boys, we need a strong second half!
'Quitting is just not an option'
Last night the Diamondbacks lost again, extending their losing streak to four games. We can blame the offense for more missed opportunities, or we can blame the bullpen for giving up three crucial runs late in the game. Either way you point the finger, a loss is a loss and there's nothing we can do about it.
I love the way Kirk Gibson is carrying this team! He always has a positive and optimistic attitude that will hopefully rub off on the players. He knows his team is struggling and he's not afraid to admit it, however, he also knows the players are making (or at least trying to) adjustments and that's big for this ball club! Gibby refuses to give up on the D-Backs no matter what the scoreboard says. At the end of the night, they either win or lose and there is always something to learn from it. A team cannot be perfect- every MLB team has it's flaws, some just display them more than others!
The D-Backs have two very obvious imperfections- the strike outs and the bullpen. Arizona leads the Major Leagues in strike outs at the plate. Collectively the boys have 783 K's on the season; that's over 100 more strike outs than the Marlins who follow the D-Backs with 666. The Diamondbacks are last in the Major Leagues in pitching, with a 5.36 team ERA and only sixteen saves in thirty opportunities. Gibson has addressed both areas and he knows they need improvement. The players, Mark Reynolds to name just one, are taking extra batting practice before every game in order to adjust and improve their swing and plate approach. As for the pen, there is no set rotation. Gibby is toying with the relievers to see who throws the best in certain situations.
Are these adjustments too little too late? Probably. But that doesn't mean the players can't adjust, win some ball games and have a turn-around season next spring! For Gibby, quitting is just not an option! So let's go D-Backs, beat the Cubs and avoid getting swept! I believe in you!

subset: commoncrawl


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A curious place on the boundary of Fairfield and Newport is Old City. Just the name itself makes me wonder. It's located uphill from where Platform Rd. and Castle Rd. meet 28 called on some maps Welch Corners. Old city Rd. branches off of Castle Rd. to the left and connects with White Creek Rd. The road is split by a fenced stone arched bridge so that traffic can't cross. From the bridge you can view a falls that's surprisingly large. To the right in the woods, is supposedly the ruins of a structure. The Castle of Castle Rd. Don't try to drive there though. It's best to walk or bike to the bridge. The roads and surrounding properties have posted and no parking signs everywhere. The falls and ruins are consumed by private property. I'm not sure if the ruins can be viewed. People have visited the ruins for years, but I have heard recently of people being chased off.
Old City
By: msteereSubscribe Channel: News Location: Newport
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Public Service Announcement - July 2011 at Minnetrista
Public Service Announcements
Contact: Lorri Markum, Communications Specialist
firstname.lastname@example.com · www.minnetrista.net
FOR IMMEDIATE RELEASE: June 30, 2011
Senior Free-Admission Day
Treasures from the Heritage Collection
July 13; 12 p.m.
For seniors 60 and older. Minnetrista collects and preserves thousands of items from East Central Indiana history. Get a rare look at some of the truly unique and unusual items in the Minnetrista Heritage Collection.
PBS Program Club
at MinnetristaAmerican
Experience: Nixon
July 20; 24 p.m.
Learn about the thirty-seventh President of the United States, Richard Nixon. One of the most controversial presidents or our time, this is the actual story of the president who rose to power and reached out to the two great communist powers of the world at the time, the Soviet Union and China. An open discussion follows the program.
Cost: FREE
Farmers Market
at MinnetristaEvery
Saturday; 8 a.m.1 p.m.
Every Wednesday; 3:305:30 p.m.
Get locally produced veggies, herbs, eggs, and other goods twice a week at Farmers Market at Minnetrista. Spend your Saturday mornings outdoors with friends and family while shopping. Need something mid-week? Farmers Market is also open every Wednesday afternoon!
Summer Stage
Fest at Minnetrista
Americas Hometown Band
July 4; 8 p.m.
Come celebrate the Nations birthday at Minnetrista with music from Americas Hometown Band and front row view of the fireworks display.
Sprites, & Lights at Minnetrista
July 89; 69 p.m.
Join us at Minnetrista for two evenings of mid-summer enchantment during Faeries, Sprites & Lights. Adults and children, families and friends are invited to partake in a magical celebration. Keep your eyes peeled for faerie dust, faerie doors, faerie homes, and perhaps faeries themselves.
Sponsored by Indiana Michigan Power.
Cost: $4 members; $5 non-members
Faerie Tea Party
July 9; 10 a.m.Noon & 13 p.m.
Registration Deadline: Friday, July 8
Sign-up for tea in the enchanted faerie gardens of Oakhurst. Play a game, make a faerie craft, and meet one of the characters from Faeries, Sprites, and Lights.
Cost: $10 members; $12 non-members
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Muncie Civic Theatre
Schoolhouse Rock Live! Jr.
July 2829; 7:30 p.m.
This theatrical youth production promises to be fun for the whole family! Youre certain to remember the musical rhymes from the animated Schoolhouse Rock! educational short films aired on television in the 70s80s.
Night at the Museum: Nature Area Campout!
July 1516; 7 p.m.9 a.m.
Registration Deadline: Friday, July 8
Kids, come campout in the Nature Area at Minnetrista! Bring your sleeping bags and learn about nocturnal life. Be ready for a night of fun activities, stories and of course, camp snacks!
Suitable for children ages 812.
Cost: $25 for members; $30 for non-members
Week 3Day Camp
July 1822; 8 a.m.5 p.m.
Kids spend a half or full day packed with activities such as Robotics; Animal Communities, and Glass! For a complete list of details and registration information go to www.minnetrista.net/camp.
Week 4Day Camp
July 2529; 8 a.m.5 p.m.
The final week of camp is spend in Camp Cooking Challenge, Puzzling Questions, Toys From Long Ago, Greener Gardening and Physical Physics. In a half or full day packed with activities and fun! For a complete list of details and registration information go to www.minnetrista.net/camp.
Interactive Exhibition
NowSeptember 11
An immersive, educational experience based on the 20th Century Fox/Blue Sky Studios hit movie Robots. The 5,000 square foot, multi-media exhibit combines educational interactives, and unique displays to create an incredible experience for people of all ages to learn about robotics.
This exhibition is produced and toured by GES.
Central Indiana Volleyball Exhibitopening
NowOctober 30
The development of womens volleyball in East Central Indiana has positively affected the sport nationally and, literally, around the world. This original exhibition at Minnetrista celebrates the sport, the players, and the history of volleyball in ECI. In this exhibit, visitors will explore volleyball in fresh and interactive ways as they meet players, find out how volleyball has changed their lives, and then have the opportunity to play the sport.


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Join us for January's Community Cinema film, "A Path Appears."
"A Path Appears" goes to the USA, Colombia, Haiti, and Kenya to reveal the incredible adversity faced every day by millions of women and girls, while also presenting glimpses of hope and change. From the team that brought you the groundbreaking Half the Sky: Turning Oppression into Opportunity for Women Worldwide, this series begins with the stories of young women in America forced into a life of prostitution and the innovative programs that have evolved to achieve remarkable results in empowering their lives.
We'll watch the first part of the series, which focuses on sex trafficking in Nashville, Chicago, and Boston.
Afterwards, we will discuss how sex trafficking affects our metro and region with community partners. The screening is free, but please RSVP here.
Please note: The program and film start at 11 a.m., so please plan to arrive at least a few minutes early.
Chicago is a musical tale of "murder, greed, corruption, violence, exploitation, adultery and treachery—all those things we hold near and dear to our hearts." Paint the town red with merry murderesses Roxie Hart, Velma Kelly, their hotshot lawyer, Billy Flynn, and the iconic choreography of Bob Fosse.
Join KCPT and Sandra Silva JD from the Center for Practical Bioethics on January 24, 2015 from 10-11:30 am for a comprehensive overview of both social and legal history of advance care planning and why it continues to be a taboo subject. Learn how you can change the course of how your family experiences death and the loss of those you love. The session will be both informative and conversational.
More about Consider the Conversation
Support the British programs you love and join fellow viewers for an afternoon of tea and laughter hosted by our own Nick Haines. Your donation will secure your spot at The Loretto on January 25, 2015. It will be an afternoon of surprises mixed with tea, trivia, and talk!
Hosted by two live performers, Sesame Street Live: Let's Dance! offers an up close, interactive experience. Elmo uses his imagination to 'Do the Robot,' Cookie teaches all 'feets' to dance, and Ernie shares the fun of dance with the Sesame Street favorite Shake Your Head One Time. Favorite friends join the audience on the floor – dancing with fans, not just for them. It's Sesame Street Live like you've never experienced it before!
Join KCPT and Celtic Thunder for a live event, highlighting the group's greatest hits. Featuring Keith Harkin, Ryan Kelly, Neil Byrne, Colm Keegan, and Emmett O'Hanlon.
A wildly theatrical, hilarious and innovative retelling of how a miserable orphan came to be The Boy Who Never Grew Up, Peter and the Starcatcher upends the century-old legend of Peter Pan. Based on the best-selling Disney-Hyperion novel, the play features a dozen actors portraying more than 100 unforgettable characters and uses their enormous talent, ingenious stagecraft and the limitless possibilities of imagination. Don't miss this epic origin story of one of popular culture's most enduring and beloved characters and discover the Neverland you never knew.
Known as the "Ambassador of the American Songbook," Michael Feinstein, a multi-platinum selling, award-winning entertainer, has devoted his music career to the uniquely American sound and stories captured in the "Golden Age" of American popular music.
Inspired by Frank Sinatra, the infamous Rat Pack, and the cool, mod big band sound of the 1960s, Feinstein has selected songs that span the gamut of a sultry and swingin' music set perfect for a swanky nightclub act that would make Sinatra proud.
The Grammy award-winning musician, actor and New York Times bestselling author Rick Springfield will join KCPT supporters at the Arvest Bank Theatre at the Midland on Sunday, May 10, 2015 at 7:30 PM. Rick Springfield's Stripped Down tour includes music, storytelling and a special question and answer session with the audience.
Support KCPT and have your items appraised by local experts on June 6 at the Overland Park Convention Center. Each pair of tickets allows for 2 people to enter the event, with 2 items each that may be appraised.


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Indian SummerThis photo was shot on film. Taken by talking_head with a Lomography Diana F+ (available in our Online Shop) loaded with Lomography Redscale (35mm) film (available in our Online Shop) in Munich, Germany. These tags describe this photo: first, try, indian, summer, and redscale. Date: 2011-10. This photo can also be found in the album Redscale.
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McKenzie Juvi Bright Twill Grommet Panel
|The McKenzie Twill Panel blocks out 99% of light, hangs beautifully and easy to decorate around, this solid curtain does it all. Grommets slide easily on a decorative rod. 100% Polyester Grommets slide easily on a decorative rod Brushed Chrome Metal Grommets Available in many fashionable colors Product Measurements: 42"W x 63"L 42"W x 84"L Care Instructions: Dry Clean Only
Kimberlyn 8 Piece Comforter Set
|This bedding set includes a printed leaf, sold pintuck and embroidery to make this beautiful comforter set come together. The set includes: comforter, bedskirt, 4 shams, and 2 decorative pillows 100% Polyester
Bradford Comforter Collection
|Beautiful leaf embroidery incorporates contemporary colors to brings life to the decor in your bedroom. To complete this look, coordinate with the curtain panel, valance, decorative pillow, and euro sham. This set includes: 1 Comforter, 2 Pillow Sham, and 1 Bedskirt. 100% Microfiber Decorative Pillow, Curtain Panel, Valance, and Euro Sham are Sold Separately Product Measurements: Full - Comforter 80"Wx90"L, Standard Pillow Shams 21"Wx27"L,Bedskirt 54"Wx75"L Queen - Comforter 92"Wx96"L, Standard Pillow Shams 21"Wx27"L, Bedskirt 60"Wx80"L King - Comforter 110"Wx96"L, King Pillow Shams 21"Wx37"L, Bedskirt 78"Wx80"L Valance - 55"Wx18"L Euro Sham - 26"Wx26"L Decorative Pillow 18"Wx18"L Curtain Chair Panel 80"Wx84"L Care Instructions Dry Clean Only Decorative Pillow - Spot Clean Only
Chadwick Jacquard Blackout Panel
|This beautiful jacquard woven panel not only looks great but is a blackout panel as well. Slides easily onto a rod through the rod pocket. Lining - 100% Polyester Face?- 100% Polyester Black out and Energy Saving Available in 5 colors - Brown, Ivory, Red, Black, and Taupe Product Measurement: Panel - 50"Wx84"L Care Instructions: Machine wash cold water Gentle cycle Tumble dry low heat Cool iron as needed
Abigail 7 Piece Comforter Set
|This beautiful comforter set looks like embroidery but is all woven and easy care. This 7 Piece set includes: comforter, 2 shams, 1 bed skirt, 1 Square Pillow, 1 Breakfast Pillow and a neck roll pillow. 100% Polyester Machine Washable Product Measurements: Queen - Comforter 86"Wx86"L, Bedskirt 60"Wx80"L+14", Two Standard Pillow Shams 20"Wx26"L, Three Decorative Pillows (7"Wx16"L, 12"Wx16"L and 16"Wx16"L) King - Comforter 101"Wx86"L, Bedskirt 72"Wx84"L+14", Two King Pillow Shams 20"Wx36"L, Three Decorative Pillows (7"Wx16"L, 12"Wx16"L and 16"Wx16"L) Care Instructions: Comforter: Machine Wash Cold. Gently and separately. Do not bleach. Tumble Dry Low. If there is no free movement in washer or dryer, use large capacity commercial machine. Remove promptly, do not iron. Sham: Machine wash cold. Gently and separately. Remove promptly. Do not bleach. Tumble Dry Low. Light Iron as needed. Pillows: Spot Clean Only


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With Susan Carlisle
The stadium is steeped in history. It has hosted numerous sporting events including the 1932 and 1984 Olympic. The stadium is registered as a National Historic Landmark. Years ago, ten thousand seats were removed and the playing field lowered to accommodate soccer requirements. It became the venue for the 1994 FIFA World Cup Final and the 1999 FIFA Woman's World Cup Final. The stadium has also hosted music concerts. The band U2 drew 97,000 fans, filling the Rose Bowl.
I'll be back next week to tell you about my visit to Universal Studios-Hollywood.


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The UK's fastest-growing regional news network
See the full forecast for your area.
Sponsored by Britelite.
Home Maidstone News Article
A teenager tragically killed in a crash in Coxheath was a 'bright, happy' student who was hoping to pursue a career in medicine.
That's from Invicta Grammar School headteacher Julie Derrick, who has praised 16-year-old Zoe Georgiou as a "lovely student".
It comes after the teenager died when she was knocked down by a car on Saturday night.
In a statement issued today, Mrs Derrick said: "Invicta Grammar School is very saddened to hear of the loss of Zoe Georgiou who was a very bright, happy sixth form student with a gentle personality and a strong creative streak."
Zoe was studying AS levels in psychology, biology, chemistry and English and had already achieved 11 GCSEs.
She had shown an interest in studying medicine at university and taking up a medical career
Mrs Derrick added: "She will be sorely missed by all her friends at Invicta and by her teachers.
"We are devastated to have lost such a lovely student in such tragic circumstances. Our thoughts are very much with Zoe's family at this very sad time."
She said the school was liaising with Zoe's parents, and wanted to pay a tribute to the pupil, but would be guided by family and friends.
The tribute comes as flowers have been laid at the site Zoe lost her life.
Touching tributes came after the girl, who died after being struck by a car in Heath Road, was named as Zoe Georgiou.
The teenager was walking along the road with her boyfriend at around 6pm on Saturday when the accident happened.
As she crossed the B2163 near Park Way she was struck by a silver Mazda, which was travelling in the direction of Boughton Monchelsea.
She was pronounced dead at the scene.
A Facebook tribute page set up to remember Zoe has now been 'liked' by more than 3,500 people.
Friends urged others to wear bright clothes to classes at Invicta Grammar today, in honour of the popular pupil.
One friend wrote: "Such a sad loss of a bright and beautiful girl".
Others on Facebook paid tribute, including Andrew Baker, who said: "I'm really sad to hear you have passed away at such a young age with you whole life to look forward to.
"My thoughts and prayers are with your family everybody who knew you at this very sad and difficult time. xx"
Another, Denise Warwick-Fox, said: "Another young Angel! Another shining star! Sleep peacefully."
And Vivien Ibarra said: "Sweet dreams Zoe, may you rest peacefully with the angels such a beautiful young girl. Thoughts are with your family."
Crash investigators would now like to speak to anyone who might have witnessed the collision, or who might have earlier seen either the vehicle or Zoe and her boyfriend.
Anyone with information is asked to phone the serious collision investigation unit on 01622 798538.
Click here for more news from Maidstone.
Click here for more news from around the county.
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RPN or RN? - page 2
Hi everyone, My name is Samantha and ive been accepted at Sheridan college for RPN. I currently attend York U, and have always dreamed of being an RN. York has a program that allows you to switch into nursing and fast track... Read More
- 1Feb 8, '12 by Fiona59I'd probably say do the PN diploma and then be able to decide if nursing is for you. I've worked with many BScNs who've told me they'd love to leave nursing but they still have student loans to payback.
One route to consider if you want to work outside of Canada is the ORTech or Ortho Tech specialty tags. Both have gone on overseas mission type projects from my hospital.
As Joanna has stated the wage disparity between RNs and LPNs is a huge bone of contention to working nurses. It's primarily down to the fact that (at least in my province) the RNs unions bargain hard and fast and mount campaigns about how only RNs can provide quality care and basically intimidate the public into buying it. These are the same patients who when they arrive in Acute Care for their surgeries are amazed to find out they will be cared for by LPNs. The sad reality is the RNs bargaining tactics may finally be pricing a lot of them out of the jobforce.
- 0Feb 8, '12 by OttawavalleynursingI think you have decide how long you want to study and how much you want it. I personally went into the RPN route because I had a family and didn't want to do the 4 year program. There were financial constraints that I was facing, so that was the right decision for me. I wanted to finish faster and start working faster. I also don't think there are 5 RN jobs for every 1 RPN. Where I work, they are changing the standard of care, and lots of RN jobs are being converted into RPN jobs. I'm not telling you to do the RPN program, I'm just saying you have to look at your personal situation. I'm personally planning on doing the bridging program, so eventually it is my goal to become an RN. Perhaps applying to other Universities such as Ryerson or U of T may be the answer.
- 0Feb 22, '12 by toronto_nurseI agree, RN jobs are being cut in the major cities like Toronto where I'm from and there are way more RPN positions offered. I completed the practical nursing diploma after my undergrad from UofT and was considering taking the second entry route at UofT or York. After discussing with many people including instructors who taught both the practical nursing and second entry nursing programs they all concluded that the practical nursing route is the better approach overall. Second entry routes being faster also lack clinical hours. The only downfall for the practical nursing diploma is the lack of research methods until the bridging program but for those who have done APA in their undergrad may not have too many issues with scholarly writing.
Every nursing candidate has to start off somewhere and It doesn't matter which route you take as long as you reach your ultimate goal of being the class of nurse you want to be.
- 1Feb 24, '12 by rita21I actually finished the RPN program and am bridging to RN. I have to say that this is the best route because now by working about 9 months before starting the bridge and then working 2 days a week I'm paying my tuition myself without relying on credit cards or student loans.
Also, I think being an RPN first makes you a better rounded RN eventually because its almost like your working from the ground up. You get to see LTC facilities, home care, flu clinics etc.
Also, I;m not sure about anyone else but i happen to think there are ALOT of jobs for RPN's out there (mostly because we are cheaper to hire than RN's) I recieved 4 offers of employment after graduation in the GTA. You just have to look and put your self out there.
Good luck
- 0Feb 24, '12 by saintsThank you all for your comments.I feel much more confident about starting my nursing career as an RPN and honestly can't wait to start! Rita21,im really glad you mentioned the fact that you're able to bridge and still work at the same time because after 2 years of studying at York in addition to studying at sheridan im going to be about $20,000 in debt.Im also relieved that you mentioned that there are a number of jobs available-im hoping they readily hire new graduates as well-because i was concerned that i wouldnt be able to find much especially in the GTA.


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Several United Nations agencies joined forces to contribute to the development of a new Strategy for Disaster and Climate Resilient Development in the Pacific (SRDP).
From 20 to 22 February, ESCAP (United Nations Economic and Social Commission for Asia and the Pacific) held a regional workshop on geo-referenced disaster risk management information systems for So
The International Charter "Space and Major Disasters" was activated on 6 February for the 0.8 magnitude earthquake that took place off the coast of Solomon Islands and the subsequent 0.9 m tsunami
After two activations of the International Charter "Space and Major
In the context of Tropical Cyclone Evan, the International Charter "Space and Major Disasters" was activated twice to provide satellite-based emergency maps.
The United Nations Office for the Coordination of Humanitarian Affairs (OCHA) activated the Digital Humanitarian Network (DHN) on December 5th to collect all relevant tweets about Typhoon Pablo pos
Global VSAT Forum (GVF), the international non-profit association of the satellite industry, collaborated with Pacific-Area militaries to conduct an international training to improve disaster prepa
UN-SPIDER's Regional Support Office CATHALAC – The Water Center for the Humid Tropics of Latin America and the Caribbean –, elaborated a profile of the relative vulnerability of Central
The Intergovernmental Oceanographic Commission of UNESCO was created in 1960 and promotes international cooperation and coordinates programmes in marine research, services, observation systems, haz
Under the auspices of the United Nations, the Intergovernmental Oceanographic Commission (IOC) established the Intergovernmental Coordination Group for the Pacific Tsunami Warning System (ICG/PTWS)
© 2014 UNOOSA - All Rights Reserved


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<< Home Page
AYSO Area 3T, Lower Hudson Valley
Section 3, Area T
Welcome to the website of AYSO Area 3T, Lower Hudson Valley, NY (Greater Westchester County) our central source of information. Although all regions use the same AYSO guidelines, no two regions are run exactly the same, due to differences in geography, demographics, management styles, etc.
We are a part Section 3 of the American Youth Soccer Organization (AYSO), a nationwide non-profit organization, with nearly 600,000 players, ages 4-18.
Select any of the tabs above from any page, or click on words that show links when you move the mouse over them.
Spring 2014 Season started Saturday April 26, 2014
AYSO U12 Boys and Girls Core Teams Tournament, Sunday October 12th in Pleasantville.
There will be no fee for this. It will be hosted this year by Pleasantville in two different Fields. There will be enough parking in both locations. We will take the first 8 teams from each Gender. Absolutely no U14-U19 players on any of the teams. We will need referees so please reach out to your Referee Coordinators. Time will be 12:30pm-4:30pm.
Boys U12 Pleasantville HS Back Field. Girls U12 Pleasantville Parkway Field. We will have medals for participants. Game schedules and guidelines will be released next week once all teams are confirmed. This is a 9v9 Tournament. A huge thanks to Pleasantville AYSO for making this happen.
"It all starts here", AYSO parent orientation video 7:18 minutes
Tell Us What You Think
As proud as we are of our program, we know that it is not perfect. Whether you are a player, or a parent, new to the game, or with a lifetime of experience, we want your input. What is good about our program? What could be improved, and how? Feel free to contact any Regional, Area Board member, or stop us at games or on the street and let us know how you feel. We are committed to making this the best youth sports program in the area, and can only improve with your help. Don't be shy.
2002, 2003, 2004, 2005, 2006, 2007, 2008 - Platinum Area Award Winner


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- Hotel Details
- Member Reviews
- Photos
London Marriott Hotel Marble Arch4.5 Stars
134 George Street London W1H 5DN
Centrally located, the London Marriott Marble Arch is within walking distance from Hyde Park, Oxford Street, Theatreland and some of the city's finest restaurants. This boutique hotel in London is also near to the financial district, famed attractions, department stores and museums.
This hotel welcomes you into its casually elegant setting, where spacious guest rooms are perfectly appointed for a comfortable and productive stay. Some units provide access to the executive lounge.
You can indulge in freshly prepared dishes with a Mediterranean twist in the Mediterrano Restaurant. The Chats Cafe Bar is an ideal place to enjoy an afternoon tea and unwind with a beverage or snack.
Business and social events are beautifully accommodated in the 264 square metre conference and meeting facility, with outstanding catering and skilled planners to ensure you a successful outcome. Health conscious guests can workout at the health and leisure club that comes with gymnasium, swimming pool and much more.
Hotel Facilities
- Banquet Facilities
- Currency Exchange Services
- Laundry Facilities
- Cafe
- Gym / Fitness Facilities
- Restaurant
- Conference Facilities
- Internet Access - High Speed
- Swimming Pool - Outdoor
Room Facilities
- Air Conditioning
- Hairdryer
- Pay-per-view Movies
- Cable / Satellite TV
- Iron / Ironing Board
- Safe
- Ensuite / Private Bathroom
- Mini Bar
- Tea and Coffee Making Facilities
Other Recommended Hotels
|Windsor House Hotel London
|2 Stars
|K West Hotel London
|4 Stars
|Amsterdam Hotel London
|3 Stars
|London House Hotel
|3 Stars
|Radisson Blu Edwardian Bloomsbury Street Hotel London
|4.5 Stars
|Radisson Blu Edwardian Mercer Street Hotel London
|4.5 Stars
|Rydges Kensington London Hotel
|4.5 Stars
|Radisson Blu Edwardian Berkshire Hotel London
|4.5 Stars
|The Montague on the Gardens Hotel London
|4.5 Stars
Find similar hotels as London Marriott Hotel Marble Arch in London
|4 Star Hotels in London
|5 Star Hotels in London
|London Hotels with Internet Access
|London Hotels with Restaurant / Café
|London Hotels with Swimming pool
|London Hotels with Conference Room
|Luxury Accommodation in London


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What you need to know
Top-riding performance with some rock-and-roll for kids. The premium full-grain shaft has a fun tattoo pattern. Ariat 4LR technology provides comfort and support. Crepe-sole performance with a 30-percent slimmer profile comes from the exclusive Pro Crepe light outsole. Plus they'll fit for a long while thanks to Wiggle Room adjustable-fit technology.
Product Details
- Technology : 4LR
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- Shaft Height : 8"
- Toe Shape : WIDE SQUARE
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Tue, Sep 28, 2004
Call it the galactic dream team: Sir Richard Branson and his
Virgin Group have teamed up with Paul Allen's Mojave Aerospace
Ventures to create the world's first privately funded spaceships
dedicated to carrying commercial passengers on space flights. The
licensing deal with M.A.V. could be worth up to $21.5 million over
the next fifteen years, depending on the number of spaceships built
by Virgin.
SpaceShipOne, which is solely funded by Paul G. Allen, was
designed by aviation legend Burt Rutan and built by his company,
Scaled Composites. On June 21st Mike Melvill piloted this unique
craft to a height of 100 km (62 miles) and into the history books
and record books as the world's first private manned space flight.
Separately to Virgin's agreement with M.A.V., the company has also
signed a Letter of Intent to agree contract terms with Burt Rutan
and Scaled Composites, to utilise the technology in building new
spaceships and derivatives thereof, for the purposes of carrying
paying passengers on a journey to the stars -- returning to earth
as astronauts two hours later.
Virgin has formed Virgin Galactic ('V.G.') a new company, which
will become the world's first commercial space tourism operator. It
is envisaged that Virgin Galactic will open for business by the
beginning of 2005 and subject to the necessary safety and
regulatory approvals begin operating flights from 2007. The name
was first registered and trade mark protection applied for in the
mid 1990s. It is expected that around GBP 60 million ($100 million)
will be invested in developing the new generation of spaceships and
ground infrastructure required to operate a sub orbital space
tourism experience. Over five years Virgin expects to create around
3000 astronauts and the price per seat on each flight, which will
include at least three days of pre-flight training, are expected to
start at around GBP 115,000 ($190,000). Virgin will reinvest the
proceeds in developing a new generation of vehicles for further
space ventures. To date the cheapest space tourism experiences in
government built and taxpayer funded spaceships cost over
$15,000,000 per seat.
As a prelude to these exciting developments Virgin is also very
pleased to have agreed terms to sponsor SpaceShipOne on its
historic Ansari X Prize flights later this week and in early
"We've always had a
dream of developing a space tourism business," said Sir Richard,
"and Paul Allen's vision, combined with Burt Rutan's technological
brilliance, have brought that dream a step closer to reality. The
deals with both their companies, being announced today, are just
the start of what we believe will be a new era in the history of
mankind, making the affordable exploration of space by human beings
real. We hope to create thousands of astronauts over the next few
years and bring alive their dream of seeing the majestic beauty of
our planet from above, the stars in all their glory and the amazing
sensation of weightlessness. The development will also allow every
country in the world to have their own astronauts rather than the
privileged few."
"I backed the development of SpaceShipOne because I saw this as
a great opportunity to demonstrate that space exploration could
someday be within the reach of private citizens," said Allen.
"Today's deal with Virgin represents the next stage in the
evolution of the SpaceShipOne concept, and will likely be the first
of a number of deals that will utilize the technology developed
during its creation. I am very happy to have Virgin and Richard
Branson as sponsors of our X-Prize attempt and excited about space
Rutan was thrilled. "Apart from building SpaceShipOne for Paul
and then watching it fly to space on June 21st this is one of the
most exciting days of my life. Our June space flight was flown with
several new technologies that address both the cost and safety of
manned space flight. These, combined with the lessons learned from
our SpaceShipOne research program, will enable us to develop the
finest suborbital operational systems possible. I am looking
forward to getting started on the development program and the
opportunity to work with Virgin on taking Paul Allen's vision to
the next stage."
Virgin Galactic hopes to formally commence the contractual and
design phase of the project after the conclusion of the Ansari
X-Prize flights September 29th and October 4th. Construction of the
first spaceship, the "VSS ENTERPRISE," is set to begin in 2005.
Airborne 12.15.14: A380 Future, More USA Today Disappointments, Jetman FORMATION!
Aero-TV: AML's 'Smart Seat' – Avoiding Old Hazards Via Brilliant Innovation
Airborne 12.12.14: CAP Honored, Avanti EASA Cert, UAV Rule Delay
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