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MDY Industries, LLC v. Blizzard Entertainment, Inc. et al
Filing 143
REPLY in Support re 132 MOTION to Compel Compliance with Court's March 10, 2009 Order filed by Blizzard Entertainment, Inc.. (Attachments: # 1 Exhibit)(Genetski, Christian)
MDY Industries, LLC v. Blizzard Entertainment, Inc. et al Doc. 143 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SONNENSCHEIN NATH & ROSENTHAL LLP Christian S. Genetski (Pro Hac Vice) Shaun Klein (AZ Bar No. 018443) Shane M. McGee (Pro Hac Vice) 2398 East Camelback Road, Suite 1060 1301 K Street, NW, Suite 600 East Phoenix, AZ 85016-9009 Washington, DC 20005 Facsimile (602) 508-3914 Facsimile (202) 408-6399 Telephone (602) 508-3900 Telephone (202) 408-6400 Attorneys for Defendants Vivendi Games, Inc. and Blizzard Entertainment, Inc. UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA ) ) Plaintiff and Counter-Claim ) Defendant ) ) vs. ) ) BLIZZARD ENTERTAINMENT, INC., ) and VIVENDI GAMES, INC. ) ) Defendants and ) Counter-Claim Plaintiffs. ) ) BLIZZARD ENTERTAINMENT, INC., ) and VIVENDI GAMES, INC. ) ) Third-Party Plaintiffs, ) ) vs. ) ) MICHAEL DONNELLY, ) ) Third-Party Defendant. ) ) MDY INDUSTRIES, LLC, Case No.: CV06-02555-PHX-DGC REPLY IN SUPPORT OF MOTION TO COMPEL COMPLIANCE WITH THE COURT'S MARCH 10, 2009 ORDER The Honorable David G. Campbell Plaintiff Blizzard Entertainment, Inc. ("Blizzard") hereby respectfully replies to the opposition of Defendants MDY Industries, LLC ("MDY") and Michael Donnelly ("Donnelly") to Blizzard's motion to compel the deposit of certain funds presently located in various accounts belonging to MDY and Donnelly into escrow pursuant to this Court's March 10, 2009 order (the "Order"). Dkt. No. 116. Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Most of MDY's argument focuses on whether this Court intended for it to be able to operate its business pending appeal. MDY's question is too narrow. Blizzard agrees that the Court's Order contemplates MDY potentially continuing to function as a business. Blizzard believes, however, that the Order contemplates MDY's continued operation as dependent on MDY's revenues and expenses from non-Glider related endeavors. The Court was well aware at the time it ordered funds to be placed in to escrow that MDY had a limited amount of funds remaining and that it could not continue to operate unless it found new sources of revenue. In briefing on whether this Court should enjoin MDY from selling Glider, MDY and Donnelly argued that--without reference to the amount of the bond--"if the Court enjoins MDY from marketing or selling Glider, MDY will go out of business within a short time thereafter." MDY Industries, LLC & Michael Donnelly's Brief Regarding Permanent Injunctive Relief, Dkt. 111 at 6. Likewise, MDY revealed that it did not have sufficient funds to operate for long if it failed to develop new revenue streams, stating that MDY had almost $40,000 a month in expenses and neither MDY nor Donnelly could afford a $1,000,000 bond "or anything close to that figure" Id. at 8; Decl. of Michael Donnelly ¶ 14, Ex. A to Dkt. 111. Thus, Blizzard contends that the Order's provisions regarding the reporting of revenues and expenses are meant to permit MDY and Donnelly to avoid placing operating expenses attributable to new revenue streams into escrow, but should not allow MDY or Donnelly to shield profits earned by Glider sales from escrow merely by continuing to operate a business with no viable product lines or sources of income and distributing those profits as "salaries." -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 In fact, MDY and Donnelly's interpretation of the Court's order is seemingly the only reason that Donnelly has not chosen to liquidate MDY and distribute the operating account to himself or his employees as profit. As MDY itself admits, it only has "has approximately $40,000.00 remaining in its operating account," and $39,690 a month in expenses. Response at 7; Dkt. 111 at 8 n.25. Regardless of this Court's ruling on Blizzard's motion, MDY only appears able to sustain operations for another month. At the same time, MDY has no known viable product lines or revenue streams. A company with no viable product lines and no (known) prospects of additional funding to develop new product lines has little reason to continue to spend $39,690 per month and every reason to liquidate the business and pay out the remaining funds as profits to its partners. The only logical reason to continue to operate is so that Mr. Donnelly and MDY's employees can collect $29,350 in salary that, under MDY and Donnelly's interpretation of this Court's order, Blizzard cannot place into escrow to protect its $6.5 million judgment. Blizzard has addressed most of the remaining arguments in MDY's and Donnelly's response in its initial motion to compel compliance, and thus limits the remainder of its reply to the single issue of correcting MDY's misstatement of the factual record regarding the liquidation of Donnelly's personal investment account.1 MDY and Donnelly claim that Blizzard "forced MDY to liquidate the investment account and place the funds in escrow, rather than allowing Donnelly to assign the title to the investment Blizzard assumes that the misstatement was the result of a miscommunication between Mr. Rupprecht, MDY's corporate counsel, and Mr. Venable, MDY's litigation counsel. Nonetheless, because MDY's brief was inaccurate on this point, Blizzard feels compelled to set the record straight. -3- 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 account into escrow." Response at 8. To the contrary, Blizzard expressed initial flexibility on that issue when Donnelly first raised it. More significantly, as the correspondence between the parties demonstrates, Blizzard then relayed to Donnelly's counsel Mr. Rupprecht that the escrow agent, not Blizzard, rejected the title transfer notion. Mr. Rupprecht subsequently informed Blizzard that Donnelly had dropped the issue and elected to liquidate the accounts.2 On March 24, 2009, Shane McGee, counsel for Blizzard, wrote to Philip R. Rupprecht, counsel for MDY in its business affairs regarding the procedure for placing money into escrow. Exhibit A, to Blizzard's Mot. to Compel Compliance, Ltr. from S. McGee to P. Rupprecht dated March 24, 2009. Blizzard stated that the escrow company--not Blizzard--had demanded that the investment account be liquidated: "Please note that we raised the issue of transferring Mr. Donnelly's present investment account holdings into escrow with the escrow company, which informed us that it could not accept such a transfer and that the holdings would need to be liquidated and the cash then placed into escrow." Ex. A at 2. Three days later, on March 27, 2009, Mr. Rupprecht, replied and stated without objection that MDY and Donnelly had agreed to liquidate the investment account: "[A]lthough we raised the possibility of transferring the securities held in Mr. Donnelly's investment account to the escrow agent, sale of securities is no longer a concern. Mr. Donnelly has issued instructions to his broker to sell all of the MDY points out that had the accounts not been liquidated, they would have a greater value today. MDY and Donnelly offer no explanation, however, for why Blizzard would take any action that would knowingly reduce the amount of money it will recover from MDY and Donnelly if it is successful in defending this Court's ruling on appeal, or how anyone could have known that the market was on the precipice of recovering some of its losses at the time Donnelly liquidated the personal investment account. -42 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 investments within the next day or two so that the entire investment account will be converted to cash which can then in turn be transferred to escrow." Exhibit 1, Ltr. from P. Rupprecht to S. McGee, dated March 27, 2009. The factual record is thus clear. The escrow company demanded liquidation, and MDY and Donnelly complied without objection. MDY's allegations that Blizzard is to blame for the loss in value is inconsistent with the factual record and should be ignored. Dated: June 11, 2009 Shaun Klein SONNENSCHEIN NATH & ROSENTHAL LLP 2398 East Camelback Road, Ste 1060 Phoenix, AZ 85106-9009 Telephone: (602) 508-3900 Facsimile: (602) 508-3914 Respectfully submitted, /s/ Christian S. Genetski Christian S. Genetski Shane M. McGee 1301 K Street, NW, Ste 600E Washington, DC 20005 Facsimile (202) 408-6399 Telephone (202) 408-6400 Attorneys for Defendants Blizzard Entertainment, Inc. and Vivendi Games, Inc. -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CERTIFICATE OF SERVICE I hereby certify that on June 11, 2009, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: Name Lance C. Venable Joseph Richard Meaney Public Knowledge Connie Jo Mableson Email Address firstname.lastname@example.com email@example.com firstname.lastname@example.com email@example.com /s/ Christian S. Genetski


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The first of three audits detailing Bell's mismanaged finances was released by the State Controller John Chiang on Wednesday. Based on the investigation's findings, the scandal-plagued city had an inappropriate payroll, illegally raised taxes, mismanaged bond funds and entered into questionable contracts and land purchases. Furthermore, the city had a complete lack of internal controls. Specifically, Bell Chief Administrative Officer (CAO) Robert Rizzo had complete control and often used his position for his own personal gain. In a statement to the press, Chiang said, "Our audit found the city had almost no accounting controls – no checks or balances – and the General Fund was run like a petty cash drawer. The city's purse-strings were tied to only one individual, resulting in a perfect breeding ground for fraudulent, wasteful spending." Chiang also sent a letter to the city of Bell and interim City Administrator, Pedro Carrillo, which can be read here. Highlights include:
"There is no evidence of any oversight by members of the Bell City Council, most of whom received additional compensation and/or loans as a result of actions authorized by the CAO. Under this environment, the potential for waste, fraud, abuse, and misappropriation of public funds is extremely high. […] The Bell City Council approved exorbitant salary and benefits for the former CAO without any accountability for performance. The former CAO continued this process by allowing enormous salaries for other chief administrative staff. More than $93,000 in city funds was used to repay the former CAO's personal loans, apparently without any authorization or justification of public benefit, which constitutes a gift of public funds."
Reportedly the city also mismanaged its 2003 voter-approved Measure A bond funds. Forthcoming audit details include one on the city's handling of state and federal funds (to be released by the end of October), and an audit of the financial reports prepared by the outside accounting firm (to be released in early November). You can view the complete audit report here.

subset: commoncrawl


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Who doesn't love to eat breakfast? Eggs Benedict with brown sugar bacon in a martini glass, shrimp and gritsView full post »
What an amazing evening it was! Sweet 16 "Fiesta" style! Tropical bright colors, texmex food, fortune tellerView full post »
We had such a fabulous time on this "Blooming Garden" bridal shoot! What an inspirational dress, style andView full post »
© 2012 CHALK SHOP EVENTS | CUSTOM CELEBRATION BOARDS|ProPhoto Website by NetRivet


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Friday, December 19, 2014
Longtime Animator 'Lefty' Callahan, 84, Dies
Oliver Edward "Lefty" Callahan, who had a long career in animation ranging from MGM theatrical shorts to pretty much every show made by Hanna Barbera from the 1960s into ... Continue Reading →
Shout! Factory Teams Up with Canada's Phase 4
Multiplatform distributor Shout! Factory has appointed Phase 4 Films to handle all non-music distribution duties in Canada. Under the terms of the deal Phase 4 Films will distribute ... Continue Reading →
'SheZow' Zooms to Hub, Stirs Controversy
Australian-produced 2D animated series SheZow will be making its U.S. debut this Saturday, June 1 at 12:30 p.m. ET on Hub Network, adding on to the channel's line-up of action ... Continue Reading →
Hub Launches 'SheZow,' 'Wizards vs. Aliens' June 1
The Hub will be launching two newly acquired series this summer as the network imports "she-larious" animated comedy SheZow from Oz and live-action hit Wizards vs. Aliens ... Continue Reading →
Netflix & Hasbro Sign Multi-Year Kids Programming Deal
Netflix and Hasbro announced an expanded agreement making two of the new Hasbro Studios shows, Littlest Pet Shop and Kaijudo: Rise of the Duel Masters, available to Netflix members ... Continue Reading →
The Hub Announces Six New Shows
The Hub Network announced a slate of new programming for its 2013-'14 season that includes four new series, two Hub Original Family Movies, and nine returning series. The announcement ... Continue Reading →
The Hub Brings Spielberg's 'Animaniacs' Back
If you've been missing the popular Amblin/Warner Bros. animated series Animaniacs since it went off the air in 1999, we have some good news for you. The Hub is bringing the show back ... Continue Reading →
Hub's 'Pound Puppies' Earns Humanitas Prize in Writing
The Hub's animated series Pound Puppies has received the Humanitas Prize for excellence in writing for children's television animation. Writer Joe Ansolabehere was honored ... Continue Reading →
Compassionate Creatures Rule on The Hub's 'Kaijudo'
Kaijudo, The Hub's new incarnation of Duel Masters, brings a sense of emotional maturity and artistic integrity to the classic property. It certainly looks like The Hub has quickly ... Continue Reading →
Hub Adopts 'Pound Puppies' Season 2
Those lovable mutts from Pound Puppies will return to The Hub network for an all new season of adventures starting Saturday, June 2 at 9 a.m. ET. The half-hour 2D animated series based ... Continue Reading →


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When it comes to activities that the entire family can partake in during the holidays, few cultural institutions can boast to do as well as the McCord Museum. For the third year in a row, until April 28, 2013, the latter will present its winning exhibition Toys 3 – The Voyage. We we're recently given the grand tour by Anny Guindon, who was in charge of putting together the exhibition.
Like straight out of a fairytale, the decor was specifically designed for kids aged 3-9 by the design heads at La bande à Paul, for whom Toys 3 isn't their first museum scenography gig. Upon entrance, our guide handed us a map of the fantasy world we we're about to visit and introduced us to the first vintage toy we would encounter, Snoopy Sniffer the sniffer dog, who would be our guardian angel throughout the journey.
Again this year, children are encouraged to take interest in the many pieces that make up this exhibition in a highly original way. It is through play that they discover a pedal car straight out of the sixties, the Komic Kamera which dates back to the 1930s and a Shirley Temple doll from the same decade, whose restauration in nothing short of extraordinary. All in all, visitors will see close to 200 toys, some of which are being shown for the very first time.
The various sets – jungle, campfire, party – each have a distinct playful side. Observation questions, a jumbo-size game of dominos and snakes and ladders, a velcro wall… everything in place is to ensure kids have some serious fun.
Every Saturday and Sunday at 2pm until the end of the exhibition, children will be read a story around the "campfire". On the program: travel stories and zany tales, among others. Decidedly, it's a nifty way to introduce kids to arts and culture!
A host of other family-oriented activities have been planned around Toys 3 – The Voyage. Click here for a full list of events.
Psst… before we forget: the exhibition is free for children 12 and under! (adults pay $14)
Toys 3 – The Voyage runs until April 28, 2013. For more info, click here.


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The sons of God are not fallen angels, they did not produce some half-man, half-angel
Q. Are the "sons of God" in Genesis 6.2 fallen angels?
A. This issue comes up every so often and we'll deal with it again here.
The "sons of God" are not fallen angels and they did not produce some sort of half-man, half-angel type of being.
Let's start in Genesis 6.1 and work through verse 4.
Chapter 6 is telling us of Satan's further attempt to corrupt mankind.
There are other attempts in scri pture like when Balaam and Barak caused Israel to sin and 24,000 died.
As mankind procreated, daughters were born.
As time went on some followed after God and others didn't and the truth was being corrupted.
The "sons of God" is merely an expression for the believing line, also called the "sons of Seth" based on Genesis 4.26.
In Genesis 6.2 these sons of Seth began to choose wives from the daughters of men from "whomever they chose" out of the unbelievers and they were unequally yoked.
Remember Abraham had a fear of this when he wanted to choose a wife for Isaac and the wives of Jacob and Esau is another example. The Lord saw this wasn't good.
Living long lives was not producing repentance (2 Pet 3.9) and He sets a certain time limit (2 Cor6.2) in Genesis 6.3.
The Nephilim in verse 4 were the children produced by these parents.
Nephilim in Hebrew simply means "fallen ones" which implies that they had fallen from the truth with ferocity and impiety.
This word is used again in Num 13.33 with allusions to the "giants in Deut 1.18, 2 Sam 21.18-22, 1 Chr 20.4-8 and these certainly were not children born from fallen angels but simply people with a "giant" reputation of ferociousness and impiety who had fallen away from the truth.
These people became famous for their valor, power and rule and certainly the battle between David and Goliath would be an example of this struggle between the truth and those who had fallen away (nephilim) that has been going on since Genesis 6.
There "nephilim" in the world today, too.
Now there are several other reasons why these were not fallen angels. First, angels cannot marry or are they given in marriage (Mt 22.29-32).
Secondly, angels can't produce children with humans because they don't have the DNA to do it.
Mankind can only produce "after their own kind" and that is through the DNA so that should settle this whole issue right there.
So, in conclusion, Genesis 6 begins to tell the story of how the truth of God begins to get corrupted and believers began to intermarry with unbelievers producing a mixture of truth and error.
In time mankind was so corrupted that God brought the flood and preserved the truth through the righteous line of Noah.
Later through the line of Shem ("semites") the Messiah would be born who would destroy Satan as promised in Genesis 3.15.
Genesis 6 tells us the story of how God preserved the truth of His Word to save mankind and judged those who had fallen from the truth and corrupted themselves through unbelief.


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WASHINGTON, DC., August 21, 2012 — Gone are the days when the Republican Establishment could effectively control its caucus and dictate the direction of the party. That Republican Establishment, to the extent that it still exists, lacks the clout, force, and political muscle needed to rein in some of its misguided members.
Missouri Senate candidate Rep. Todd Akin is yet another case study.
When asked in a local television interview if he opposes abortion even in cases of rape, Akin said, "from what I understand from doctors, that's really rare … If it's a legitimate rape, the female body has ways to try to shut that whole thing down."
The level of ignorance and sheer stupidity of this statement is appalling.
Akin was roundly criticized by everyone. The Republican Party's response was swift and forceful as Party leaders urged Akin to drop out of the Missouri senate race.
Senator John Cornyn, the chair of the National Republican Senatorial Committee issued a statement, saying "Over the next 24 hours, Congressman Akin should carefully consider what is best for him, his family, the Republican Party, and the values that he cares about and has fought for throughout his career in public service."
Senate Minority Leader Mitch McConnell also issued a statement: "Although Rep. Akin has apologized, I believe he should take time with his family to consider whether this statement will prevent him from effectively representing our party in this critical election."
Most importantly, the presumptive leader of the Republican Party, Mitt Romney, also urged Akin to drop out of the race. "As I said yesterday, Todd Akin's comments were offensive and wrong and he should very seriously consider what course would be in the best interest of our country. Today, his fellow Missourians urged him to step aside, and I think he should accept their counsel and exit the Senate race," Gov. Romney said.
What was Akin's response to Romney? "Why couldn't he run his race, and I'll run mine," he told Sean Hannity on his radio show. Talk about a lack of respect for the leader of your party.
Can you imagine if this had happened on Lyndon Johnson, or Ronald Reagan, or George W. Bush's watch? Todd Akin would have left the scene within hours of his "legitimate rape" statement.
That is the kind of power a Party Establishment used to have, but not anymore.
For the GOP, Akin's intractability is reflective of the kind of defiance we have seen from a certain wing of the Republican Party, the Tea Party wing. This segment of the Party has grown in numbers, and momentum. It seems to value ideological purity over sound pragmatism. This is the same group that threatened to shut down the government in 2011 during the debt-ceiling fiasco.
The political in-fighting between the Republican Establishment and the Tea Party has increasingly intensified since then. If all the party leaders, top donors, high-profile political strategists, and other big-wigs in the Republican Establishment cannot get Todd Akin to step aside, it will be a shame.
For questions, comments or story suggestions, Send Ayobami a message. Follow him on twitter @ayobamiao and on facebook at www.facebook.com/aolugbemiga.
This article is the copyrighted property of the writer and Communities @ WashingtonTimes.com. Written permission must be obtained before reprint in online or print media. REPRINTING TWTC CONTENT WITHOUT PERMISSION AND/OR PAYMENT IS THEFT AND PUNISHABLE BY LAW.


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Reviewed by: brit27brit
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Location: san diego
Title: no frame!
Date: Jul 16, 2014
I thought this really cool amazing product was going to come with a black frame. And it did not! Now I have to buy a frame for it. Otherwise a really cool keepsake for my daughter.
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Location: Elma, NY
Title: Awesome Product
Date: Sep 21, 2012
This is such a great product! My baby girl is turning one and I ordered it to have shown at her 1st birthday and everyone loved it!! After her party I put it into her baby book so she can have it forever!!!
Reviewed by: TjMora
Location: Winston Salem, Nc
Title: Such a great gift giving idea!
Date: Apr 10, 2012
How cool is this?! I bought one for my daughter and plan on giving it to her for a birthday gift :)
I love that it's personalized and perfect for framing. Thanks! :)
Reviewed by: 1sttimemom2011
Location: Ohio
Title: Fun for the baby book!
Date: Jan 05, 2012
The facts and tidbits included just add to all the other items in my daughter's time capsule from the day she was born. I love it!
Reviewed by: Eva1
Title: Fun product
Date: Jul 23, 2011
It's super cute and the facts are very interesting. I just wish they would all be framed.
Reviewed by: Rodeogirlusa1
Location: Oregon
Title: Amazing idea!
Date: Jun 06, 2011
This was a huge hit at my daughter's first birthday party! It was neat to see all the happenings from the day she was born. Much more detailed then what I had put in her baby book!
Reviewed by: Fergie1
Location: Kentucky
Title: Birthday Scroll
Date: Apr 13, 2011
Such a great idea for a new baby or birthday! Lots of information, too! Nice product and reasonably priced.
Reviewed by: pickle
Location: Dagsboro, DE
Title: best idea ever
Date: Mar 15, 2011
This is the best thing to remember the events in your childs birth. It will be something they look at in future years and appreciate it
Reviewed by: Austie
Title: Love It!
Date: Jan 25, 2011
This is perfect for a page in my daughter's scrapbook! A GREAT Keepsake!
Reviewed by: momofaoneyearold
Location: Augusta, Maine
Title: very pretty
Date: Apr 29, 2010
it was very nice and I learned a lot, definitely a keepsake!!
Reviewed by: Kathyd
Title: 1st Birthday
Date: Apr 10, 2010
I wasn't expecting this too be a nice as it was!! This is a great deal and really nice gift.
I received it earlier than I expected.
Reviewed by: AmandaW17
Location: Springbrook, wI
Title: Great Purchase!
Date: Apr 02, 2010
I am so glad I got it! It is so cute and it will be great for her to look at when she gets older!
Reviewed by: giggle
Location: Chicago, IL
Title: Best Purchase Ever
Date: Mar 16, 2010
I love the color of the scroll and the size is long.
Reviewed by: bcsprincess
Title: AWESOME
Date: Mar 06, 2010
I saw this and just had to have it! My husband was like, I don't know about that. It arrived and he saw it and decided that it was really cool!
Reviewed by: ceast
Date: Feb 23, 2010
This was smaller the I thought it would be. The font is so small it is hard to read however, it is nice for a baby book.
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4 Hear this word, you acows of Bashan, who are on the mountain of Samaria,
Who oppress the bpoor,
Who crush the needy,
Lit. their masters or lords
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UPS has been carving out ways to improve efficiencies for more than 100 years. It wasn't always called being "green," but embracing social responsibility and sustainability is deeply rooted at UPS.
Selecting UPS is a wise step in making your company more efficient and greener.
At UPS, logistics is the path to sustainability.
Packaging Matters
Selecting the right packing materials is a crucial step in shipping safely and eco-responsibly. Big or small, you can protect your shipment and the environment.
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Action Matters
The right mix of UPS products and services can help you help the environment. Conserve resources, ship efficiently and sustainably.
Efficiency Matters
UPS makes a daily commitment to operating efficiently and sustainably, because consistency makes a world of difference.
Leadership Matters
Environmental impact informs our business and through continuous commitment and innovation, we lead the industry in sustainable practices.
Recognition & Credentials
UPS's robust programs for measuring and reporting carbon impact are recognized and certified by leading organizations.


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Marine Fisheries Issues
Whelk, Horseshoe Crab, and Crab Rule Makings in Development
DEC is currently preparing to propose a rule making that will change the regulations for whelk, horseshoe crabs, and crabs. This multi-species rule making, an omnibus rule making, may affect many licensed fishermen. Before proceeding with the rule making, DEC will first provide information describing the need for these new regulations and what the regulations will do.
In the column to the right, under Important Links, there is a scoping document which provides more detailed information abut the need for these changes to the regulations.
These channeled whelk were available for
sale at the Fulton Fish Market.
1. Whelk Reporting. DEC is proposing that all whelk permit holders submit trip reports detailing all species landed and other fishing activities. Harvest reporting is necessary to determine the impact of the fishery on the whelk population. Fishing effort on whelk has increased due to increased market value and the decline of the Southern New England lobster population. In 2012, whelk was the tenth most valuable fishery in New York. It is critical for the maintenance of a sustainable whelk fishery that DEC collects and processes complete whelk landings information.
2. Whelk Minimum Size. DEC is proposing a minimum size limit of 5-1/2 inch length or 3 inch width on the harvest of channeled and knobbed whelks. Channeled and knobbed whelks are long lived and slow to mature. Currently there is no minimum size limit on whelks to prevent the harvest of immature animals. Local channel whelk have been collected and examined. The data collected indicate that female whelks do not begin to mature until they are 5-1/2 to 6 inches in length (or 3 to 3.3 inches in width).
Horseshoe Crabs
Horseshoe crabs native to New York may be
impacted by the introduction of the Asian horseshoe
crab into local waters.
Asian horseshoe crabs. DEC is proposing to prohibit the importation, possession and use of Asian horseshoe crabs as bait. Asian horseshoe crabs have been imported for use as bait and there is concern about the possible introduction of pathogens and invasive species that could impact New York's native horseshoe crab population and other native species. In addition, there is concern about the use of horseshoe crabs that could have the neurotoxin tetrodotoxin (TTX). The potential for TTX accumulating in the body tissues of local whelks and American eels and any subsequent threat to human health have not been determined yet.
Crabs and Terrapins
This crab trap has two terrapin exclusion
devices to prevent terrapin from entering the
trap, becoming unable to escape, and
Terrapin excluder device. DEC is proposing to require the use of terrapin excluder devices on crab traps set in New York's estuaries in the Marine District. Terrapin excluder device is a rectangular device which decreases the opening of the entrance to crab traps and makes it more difficult for terrapin to enter the traps looking for food, thus preventing their drowning.
Release of live out-of-state crustaceans. DEC proposes to prohibit the release of any live crustaceans that were not harvested from New York's waters. Crustaceans harvested in other areas are often marketed live in New York and are sometimes intentionally released into New York's waters. These animals may harbor pathogens not native to our local stock or carry other hitchhiker organisms which may become invasive in our waters. In addition, any introduced non-indigenous species may be ecologically harmful to our local marine communities.


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MYR Group Inc. Announces 2013 First-Quarter Conference Call Schedule
ROLLING MEADOWS, Ill., May 1, 2013 (GLOBE NEWSWIRE) -- MYR Group Inc. ("MYR") (Nasdaq:MYRG), a leading specialty contractor serving the electrical infrastructure market in the United States, announced it will release first-quarter 2013 results on Wednesday, May 8, 2013, after the close of trading. In conjunction with the release, MYR has scheduled a conference call and simultaneous webcast to discuss results on Thursday, May 9, 2013, at 9:00 a.m. Central time.
To participate in the conference call via telephone, please dial (877) 561-2750 (domestic) or (763) 416-8565 (international) at least five minutes prior to the start of the event. A replay of the conference call will be available through Wednesday, May 15, 2013, at 11:59 p.m. Eastern time, by dialing (855) 859-2056 or (404) 537-3406, and entering conference ID 30867334. MYR will also broadcast the conference call live via the internet. Interested parties may access the webcast through the Investor Relations section of the Company's Web site at www.myrgroup.com. Please access the website at least 15 minutes prior to the start of the call to register, download and install any necessary audio software. The webcast will be archived for 7 days.
About MYR Group Inc.MYR is a leading specialty contractor serving the electrical infrastructure market in the United States. MYR is one of the largest national contractors servicing the transmission and distribution sector of the United States electric utility industry. MYR's transmission and distribution customers include electric utilities, private developers, cooperatives and municipalities. MYR provides a broad range of services on electric transmission and distribution networks and substation facilities which include design, engineering, procurement, construction, upgrade, maintenance and repair services with a particular focus on construction, maintenance and repair, throughout the continental United States. MYR also provides commercial and industrial electrical contracting services to property owners and general contractors in the western United States.
CONTACT: MYR Group Inc. Contact: Paul J. Evans Chief Financial Officer 847-290-1891 email@example.com Investor Contact: Philip Kranz Dresner Corporate Services 312-780-7240 email@example.com
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Chocolate caramel marshmallow snowmen
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Can you believe it's December? Seriously where has this year gone? I can't believe it's almost over. What a fun year though! Woo!
Yesterday we started our 25 days of service and the kids had a blast with it. We spent all afternoon making marshmallow snowmen (inspired by the ones I bought at Disney Land) and then delivered them to our local firemen that afternoon. It was so fun. I don't even like marshmallows… but I *may* have tried a bite of one and they were SO good.
Chocolate caramel marshmallow snowmen
Ingredients Instructions
1.Place 3 marshmallows on a stick.
If you have kids, let them help you with this part. My two year old loved putting the marshmallows on the sticks. I know it is WAY easier to bake without kids, but it really is so fun for them. I find it easiest to give each of my kids a "special" duty and they are super excited about that.
2. Place the caramel bits and water in a medium sized bowl. Microwave for 2 minutes and then stir. Then spoon the caramel over the marshmallows. To get the back of the snowmen smooth, I ran my spoon across the back to take off any excess caramel. Next I placed the snowmen on a baking sheet lined with foil (greased). You could also use parchment paper. Then I placed them in the freezer for 10-15 minutes.
3. Melt the almond bark (according to package directions) and then spoon over the caramel. Tap the snowmen on the edge of the bowl to remove the extra chocolate.
Allow your marshmallow snowmen to dry on the lined sheet for about 20 minutes and then you can decorate them. That's the fun part! :) I love to bake… but I am not a "candy-maker." I promise… if I can do these… you can too! ;)
For the "glue" I mixed some powdered sugar and a little bit of water in a small bowl. You want it to be the consistency of elmers glue. To apply the "glue" I used the end of a stick. Next I placed chocolate chips for the eyes, an orange sprinkle for the nose and 3 chocolate sprinkles for the mouth. Then I placed 2 mini m&m's on for the buttons.
I put a scarf (sour patch) and hat (hershey's) on one snowman and he turned out super cute. I was making a lot of these though, so there was no way every snowman was getting a hat and scarf. Lol! I had to get creative and prop the snowman at the right angle so I didn't have to hold the hat on while the "glue" dried. ;)
Once they were all the way dry, we packaged them up in clear bags (found at any craft store) and then tied them with twine and a little tag. After that we took them to our local fire station as apart of the 25 days of service. Seeing my kids light up when they handed the firemen their snowmen made my year! I hope you will be able to look for opportunities to serve in your communites around you this year. If you remember… take a picture on instagram of your service projects and use the #ServiceDecember.
Have a great day!!
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Recent comments
- Andre Laperle
- April 23, 2012 - 15:28
Lately reaserchers have found Haplogroup C1e in IcelandI! Haplogroup C1 being a native American group, questions arise to understand provenance of this haplogroup in Iceland ! One theory is that the Vikings had left the continant with Natives from Newfoundland 500 years before Europeans arrival! If so could the Beothuks have carried haplogroup C? If I recall group C is presently nonexistent in northern Innuit! So can we presume Haplogroup C either found their way to Greenland and then Iceland, or there were intermingling with Vikings? I have tested with Ftdna and I have three full Mtdna sequence haplogroup C1c matches from the east coast ! Presumably MI'kmaq ? But most Mi'kmaq ancestry are haplogroup A! Where the Beothiks Haplogroup C?
- Wapi
- December 13, 2011 - 08:48
Here's a question for the geneticists and researchers studying the ancient DAN of the Beothuk remains: how long does it really take to analyze 20 skeletons? Family Tree DNA offers a 500 000 SNP test for clients at a rate of 199.00 American, with a test result turnover in 6-8 weeks max. McMaster University along with Provincial Medical Genetics has been studying, on record at least, according to censored information released to the general public, the sample collection for at least 5-6 years, if not longer. Are people naive enough to believe that they stopped with the mtDNA and YDNA of Nonosabasutt and Demasduit, which was published in 2005 (completed about 2-3 years beforehand)-I think not, of course they had a peep at the other samples before securing government and private sector funding. But the public does not know about this bureaucratic behind-the-doors consultation and secrecy. Its time for the Beothuk Institute to update its website on current news on the DNA study, open its books to the general public regarding source funding, operating budgets to give accountability and responsibility for its cash flow and spending on these exobrbitant research projects. The fact is that the study has been going on now for what at least 10 years. Isn't it time to put the final test results out int he public domain. Under freedom of information and access to public information as well as peer academic review, we have a right to see this final published research paper. According to an article published int he Evening Telegram in the first week of July 2011, the DNA was extracted in the end of June 2011 (on record). Isn't it time to let it go and get it over with, rather than sitting on the results! If they have nothing to hide, then why not release the results under full and open disclosure? Let it go and move on I say , for God's sake! End the procrastination and behind-the-scenes secrecy.
- Dr. Lloyd Ryan
- October 30, 2011 - 02:05
There ARE numerous families with Beothuck ancestry in the Notre Dame Bay area, particularly in, but not exclusively to, the area around Roberts Arm and Long Island. We, from that area, have known that "for ever." But the story is MUCH more interesting than we have believed, thus far.
- White Hair
- November 13, 2010 - 09:58
Here's a link on some challenges in using autosomal dna for testing native ancestry beyond five generations. http://spittoon.23andme.com/2009/04/23/new-23andme-lab-searches-genome-for-native-american-ancestry/
- Jeddore
- September 06, 2010 - 17:04
I am L'nu from here in Taqamkuk and through my uprising I've heard stories about our people's interactions with the Pitawqewaq of this island, which included instances that occurred after the death of the 'last' Pitawqewaq. I would really like to share my stories from our point of view with this man and would like to get in touch with him!
- wavy
- September 06, 2010 - 10:00
Well said, Don. Like you, I've often wondered about European and Beothuk "intermingling", shall we say. Admittedly, I don't know as much about the Beothuks as I'd like to, but I don't think the idea is preposterous at all. I think there is a very real possibility of an existing bloodline of Beothuk/ European descent among us. I've even questioned my own family's involvement/ interaction with the Beothuk people. I have traced my family tree far enough to discover my English ancestors first settled in the Exploits Island area of Notre Dame Bay in the 1600's, which was the "neighborhood" of the Beothuk in their heyday, and not far from the Boyd's Cove Beothuk archeological site and interpretation centre (which is really well done, BTW, and interesting for all ages, for those who have not yet visited). Not to be flippant, but I can't see how my ancestors and the Beothuk did NOT interact with one another, either peacefully or otherwise. It's not hard for me to imagine my ancestors participating in either the genocide of the Beothuk or, as Don suggested, conjugation by consent or otherwise. It would be VERY interesting to know if such a bloodline, however diluted, exists. Might explain my love of "roughing-it" style camping, hiking and exploring the woods and outdoors!
- Don
- September 04, 2010 - 09:46
Many consider the thought of a Beothuk ancestry amongst the living Newfoundland population to be a preposterous idea. I have heard rumors that a family with Beothuk ancestry exists in Newfoundland. John Guy wrote about his encounter with the Beothuk and described their physical appearance in detail including that their hair was diverse, some black, some brown, some yellow. Some have dismissed this observation of the Beothuk by postulating that the Beothuk dyed their hair with red or yellow ocre. However, the more likely reason for their diverse hair color was as a result of genetic intermingling of the European fishermen and the Beothuk women either by consent or otherwise. Accordingly, there may in fact be Newfoundlanders alive today whose ancestors may have been of the Beothuk race. There are 12 known skeletal remains of Beothuks in storage at The Rooms. It appears there is resistance to having these remains subjected to DNA testing. Why? It may be that this very small genetic sample may prove that there were interracial genetic relations between the Europeans and the Beothuk which produced mixed race offspring some of whom may have ancestors living today. Far fetched you say. Well, let's perform some DNA analysis of Beothuk remains. While only a very small sample of Beothuk remains are available for testing it may successfully show that the Beothuk and the European settlers in Newfoundland were related in some cases. Newfoundland History is mostly myth, folklore, legend and misinterpretation. Let's see some real science prove what our history really was!


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I'm getting ready to fly out to Galway, Ireland. I fly out on the 29th of August at 6am in the morning and arrive in Galway around 11am giving me a day to regroup before orientation starts.
I've attempted to start packing but turns out packing for a year is a bigger challenge then I thought ……and I've come to realize that my horse Diego will not fit in one of my suit cases.
I'm getting extremely nervous as the days draw closer about flying out because I have no idea what to expect, which also makes it exciting at the same time. Although I'm going to miss my family, my horses, and my dogs extremely I feel that this is something I need to do for myself.
Also just a heads up I take a ton of photos not even kidding. So expect a lot of pictures along with video footage which I will attempt to post on the blog….if not I'll include the youtube link.
Karlie K


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Angélique Jerome Rolette, wife of Joseph Rolette, c.1880.
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Posted on August 11, 2014, 1:18 am By admin
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In 1992, Army Lieutenant Colonel Hugo Chavez led a failed coup against Venezuelan President Carlos Andres Perez. Chavez was released from jail in March 1994 after receiving a pardon from then-president Rafael Caldera.
Chavez was elected president of Venezuela in 1998, a position he continues to hold today. Above, his former wife Maria Isabel Rodriguez waves to cheering supporters after his inauguration ceremony at the Congress in downtown Caracas.
In 2002, a coup led by Chavez's right-wing opponents briefly forced the president out of office. He returned to power only three days later. Above, an emotional Chavez holds a crucifix as he addresses the nation from the Miraflores presidential palace.
Chavez had three children by his first wife, including Rosa Virginia, left, and Maria Gabriela. He also had one daughter by his second wife, Marisabel Rodriguez.
Chavez maintained strong ties with other leftist leaders in Latin America such as Nicaraguan President Daniel Ortega (left). He was also close with Iranian President Mahmoud Ahmadinejad (right).
In 2011, Chavez announced that he had cancer and was receiving treatment in Cuba. He said he had fully recovered in July 2012, ahead of the Venezuelan presidential elections in October, but after the election returned to Cuba for further treatment.
Above, members of the Venezuelan national police attend a mass for Chavez's health on December 13, 2012.
Chavez has named Nicolas Maduro, Venezuela's 50-year-old vice president, as his successor should he not recover.
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Whirlpool's Maytag appliance business, along with the U.S. Consumer Product Safety Commission (CPSC), is recalling 1.7 million dishwashers under the Maytag, Jenn-Air, Amana, Admiral, Magic Chef, Performa by Maytag, and Crosley brand names.
An electrical failure in the dishwasher's heating element can pose a serious fire hazard. Maytag received 12 reports of dishwasher heating element failures that resulted in fires and dishwasher damage, including one report of extensive kitchen damage from a fire. No injuries have been reported.
The recalled units were sold at department and appliance stores and by homebuilders nationwide in the United States from February 2006 through April 2010 for between $250 and $900.
Consumers should contact Maytag Corporation toll-free at 1-800-544-5513 anytime, or visit the web site at www.repair.maytag.com, to determine if their dishwasher is affected by this recall.
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Alan Belcher attempts to submit Yushin Okami, UFC 155, MGM Grand Garden Arena, December 29, 2012
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And I'm so anxious to meet new people and learn new things. I'm hoping that my love of the new and slightly scary (I've jumped out of plane you know) will fill me with enough anticipation and energy that I'll come off intelligently curious, if not confident.
I so appreciate your thoughts and comments yesterday.
Watch this short video — I'm taking it's message to heart and adding a new chapter to my story.
This video was created by Katherine Center.


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Stocks Face Full Plate Friday After Wild Selloff
The benchmark 10-year Treasury surged 1 9/32, pushing the yield down to 3.394%.
The two-year note improved 6/32, diluting the yield to 0.781%. The 30-year bond soared 3 15/32, slumping the yield to 4.193%.
--Written by Sung Moss and Melinda Peer in New York
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The best home cinema of 2011: a round-up of 2011's best home cinema products from blu-ray systems to home cinema projectors.
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Beane chat moved to Friday
Posted By Jeff Fletcher on April 28, 2009 3:33 pm
Billy Beane's chat at AOL FanHouse has been pushed back 24 hours because Billy had a conflict. So now it's Friday at 10:30 a.m. PT (The time is eastern in the box below. Don't be confused.)
Sorry for the late change.
One Response to "Beane chat moved to Friday"
That would be really cool to check out, but unfortunately I don't think I can be there at that time. You're going to archive it after right?


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Whale Wars: Season 4: Episode 1 -- The Sea Shepherds depart on campaign with a new vessel in their fleet, The Gojira. Early on, they find two of the harpoon ships in the whaling fleet before they've killed a single whale. They are now set up for their most successful campaign ever.
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Do You Check for Understanding Often Enough with Students?
A few months ago, I wrote for Edutopia.org about the power of focusing on a few, high-priority standards as a strategy to improve student learning. Many other elements also need to be in play in a classroom in order to produce the results that we all want to see for our students.
To name just a few: The learning environment needs to be one in which students feel respected and safe to take risks; kids need to feel that their learning has a purpose and that the curriculum is relevant to their lives; and students need feedback on their progress -- they need to know what they're trying to accomplish, where they are in relation to the goal, and what they need to do in order to get there.
It is the teacher's role to make sure this happens.
The Multi-Tasking Teacher
Although to be an effective teacher it often feels like you need to be one of those Hindu gods with a dozen arms, I believe that educators do need to hold standards and objectives in one hand and formative assessments in the other. We then need to juggle them back and forth. It's essential to break down a high-priority standard into bite size learning objectives that are measurable and then it's absolutely critical to have a way to check, every single day, on how well students mastered that objective.
Having a well-written learning objective, in student-friendly language, is not enough.
This isn't easy. In fact, there's nothing easy about teaching. But it is essential that every time students leave our classroom, we ask a number of questions:
- How do I know that they learned what I wanted them to learn?
- How well did they learn the objective?
- Who mastered it and who didn't?
- Which parts of the objective did students struggle with? What misconceptions did they have?
If we don't answer these questions, all of our careful planning and breaking down of standards and creating a positive learning environment and making curriculum relevant is useless.
As educators, we are responsible for learning, not teaching.
So how do we do assess every day how well students mastered the objectives?
The Key: Formative Assessment
A lot has been written about on-going, formative assessments, but my favorite resource is Checking for Understanding by Douglas Fisher and Nancy Frey This book is a quick and easy read, very accessible and full of dozens of ways to thoughtfully and systematically monitor student learning.
Fisher and Frey define a formative assessment as one that serves to improve instruction and provide student feedback and which is administered throughout instruction. Students use the results to monitor their own learning; teachers use the results to check for understanding and then to plan their next instructional moves.
In contrast, a summative assessment is administered at the end of a course or unit, and is used to measure student competency. Teachers use these results for grades.
If formative assessments are used consistently, and used well, neither a teacher nor a student should ever be surprised by his/her final grade, and I would argue that the great majority of students should be successful.
A Few Examples
Formative assessments can be:
- Questioning strategies that are used with the whole group or individuals
- Think-pair-share, during which the teacher circulates and listens to students sharing
- Individual mini-white boards for ongoing assessment during a lesson
- An "exit ticket," which is a quarter or half sheet of paper where students write about their learning for the day, or answer a brief question or two
- Hand signals, as a quick and easy way to check for understanding
I imagine that most teachers are familiar with these strategies and many others.
Recently I observed a fantastic first grade Sheltered English teacher who used a variety of formative assessment techniques to ensure that students mastered their objective (to analyze characters and identify the setting in a picture book).
As the teacher read the story, she instructed students to use specific hand gestures when they heard repetitive phrases and to repeat those phrases out loud. This engaged students, assured that they were following the language patterns, and allowed the teacher to check that all students heard and understood a repeating phrase (important oral language development for English Language Learners).
Then she had students talk to each other about the characters and share their ideas with the whole group. Finally, she distributed three response cards to the children: one card said "who," another said "when," and the last said "where."
The teacher named a character or aspect of the setting, such as "sheep," and students had to hold up the card that identified the literary element. In this way, the teacher was able to immediately see who was struggling with the concepts and to provide corrective feedback.
Planning is a Must
When I write lesson plans, I have a column in which I write the activity that students will do or where I detail my instructional moves. Next to that is another column where I identify the formative assessment strategies that I will use during those activities.
In order for my checking for understanding to be as useful as possible, I need to carefully plan and consider which strategy will be most effective with the planned activity. If I don't plan, I tend to use a few strategies over and over, or I don't get the most accurate data. This doesn't mean that I don't throw in a spontaneous strategy now and then, but it assures me that I'll get the student data I need by the end of that lesson.
What have you learned about formative assessments from using them? Do you have a strategy to check for understanding that you find effective? Please share your ideas and expertise with us!
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Hi Elena -
Great post - useful tips for those who don't know, and useful reminders for those of us who ought to do this more effectively, more frequently.
For a college professor with 100+ kids in a class, it's often difficult to give individual feedback to students on their learning. One tool that really helps is a student's mind map of the lecture within the broader topic. When I'm presented with those, I can quickly diagnose any misconceptions that the student has and help the student get back on the right track.
We are responsible for "learning" not teaching--What does that mean? Don't they go hand in hand? How can students learn if I'm not responsible for teaching? When I am being evaluated, am I not expected to answer the question, what am I teaching and then how well are the students learning it? And how much of the "learning" is the responsibilty of students?
I think most articles on educators' craft are really well-meaning, but the language sometimes is too cutesy and catchy. We all have students who are learning, who are engaged, who benefit from our best selves, and we have students, sometimes whole classes of them who will not learn no matter how much we say we are responsible for "learning" and not teaching. In this great debate about the effective teacher I hope we take into consideration, the effective parent and the effective student. They do not come to us in a vaccuum without a past whereby we make their present and hoist them all onto bright futures.
Kay - the first sign of a teacher who is struggling is the "how-can-I-get-them-to-learn-when-they-are-unmotivated-and-have-weak-parents" argument.
I hear your frustration. Teaching is not all that fun when you're struggling. I would encourage you, though, to take the "cutesy and catchy" language to heart. If the students aren't learning then the teacher isn't teaching. We should not be judged on our teaching as much as we should be judged on student learning. Study after study shows that the most important factor in the classroom is the effectiveness of the teacher. The value-added (or value-subtracted) amount that the educator brings to the table is huge.
I would encourage you to really give Formative Assessment a shot. If done well, it puts the burden back on the student as the teacher provides the feedback students need to guide their own learning.
Don't let your discouragement get the best of you, Kay. Your students need you and they are worth it!
Readers who enjoyed this post might like to visit Assessment FOR Learning at http://salemafl.ning.com
[quote] If the students aren't learning then the teacher isn't teaching.
Some analogies that I think are helpful in the teaching vs. learning conversation:
1. The car salesman cannot say that he "sold" a new car if the customer didn't actually "buy" it. There is no selling without the buying, just like there is no real teaching without the learning.
2. If it's true that "you can lead a horse to water, but you can't make it drink," then we need to figure out how to put out the salt licks so they become thirsty.
Formative assessment is a must for administrators, teacher, students, and parents. If we are to be able to check regularly a child's measure of learning or rate of learning, we must know the best practice methods to do this. Teacher evaluations (RTTT) will now be guided through the process of measuring the each student's rate of growth, each grade level's rate of growth, as well as each districts rate of growth.
It is a simple way to be sure we stay on the right track to achieve better student outcomes for college and career readiness.
Excellent! As a parent I am constantly looking for those salt licks.
This is such a good post! I love your stories and find all your entries so useful. I wish you wrote more often. Even though I've been teaching for 8 years I still get many ideas and am reminded of what I already know (but forget to do). I am wondering if you might be able to write something about how you start off the school year, build community, set things up? I'm already thinking about next year. Thanks!
Discussion Revolutionizing Today's Education SystemsLast comment 1 day 20 hours ago in Education Trends
blog Digital Storytelling and Authentic AssessmentsLast comment 1 week 2 days ago in Literacy
blog A New Era for Student AssessmentLast comment 3 weeks 6 days ago in Performance Assessment
Discussion Completion Grading for HomeworkLast comment 4 weeks 2 hours ago in Assessment
Discussion Teachers Throwing Out GradesLast comment 3 weeks 6 days ago in Assessment


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NEW YORK ( ETF Expert) -- With S&P 500 stocks approaching all-time highs daily, it may be more instructive to look at potential hedges and "diversifiers."
Here are three ETFs that are less likely to receive accolades when investors are smitten with Google (GOOG) and Gilead (GILD) .
1. iShares Silver Trust (SLV). Over the last year, SLV has served as a fine diversification vehicle due to its low correlation (0.38) with the S&P 500 SPDR Trust (SPY). And over the last six months, SLV has been an admirable hedge against a stock market decline (-0.50).
Ye,t there's one statistical relationship that may make silver a solid longer-term investment... its 10-year .92 correlation with the national debt. In other words, as long as the national debt increases, so should the price of silver.Many people believe that the U.S. will never be able to pay down the national debt, that we can only push back the day reckoning. They argue that electronic money printing and/or quantitative easing merely allows the U.S. government to borrow inexpensively until a catastrophic event (e.g., war, hyperinflation, European-style debt crisis, civil unrest, crash, default, etc.) restructures the entire economy. It's hard to argue that our national debt will go down over the next 10 years. It follows that -- end of days or no end of days -- correlation data demonstrate silver's precious nature in a rising debt environment. Equally compelling, SLV has remarkable support at a price point of $25. 2. iShares Global Consumer Staples (KXI). One of the issues that face the "reluctant bull" is the reality that the tried-and-true U.S. consumer staples sector is hardly cheap. There may be safety and income for those who own Procter & Gamble (PG), Pepsico (PEP) and Colgate Palmolive (CL) via SPDR Select Consumer Staples (XLP), but unforeseen dollar weakness or a shift to foreign equities could cause underperformance. One way to diversify some of that risk is to "go global." Adding Nestle, Unilever (UL) and British American Tobacco (BTI) to the mix involves hedging in non-dollars (roughly 50%) as well as benefiting from foreign mega-brands.
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aisa_basiaDay 1: Re-start
I don't recall how long have it been since I made an entry on this 30 days shred. However, I'm re-starting it. As a matter of fact, I never finish the 30 days shred.
In my attempt to save money and spend less on automobile gas now that I am unemployed, I've been cycling almost every where. The cycling helps tone down my leg muscle, especially my calf and maybe the waist line a tad bit. The reason I said a tad bit because the RT distance is about 3 miles. Therefore, it's not long enough distance nor resistance for firm up more. What I need is to lose my muffin top, even more.
My younger brother is back from Europe and we've gone on some light hiking trail next to the local library. I also went on a hike with my neighbor, Lisa.
Light/easy hiking trail is definitely easy on my knee but it doesn't give any definition. Maybe not enough cardio work out to retrain the muscle? I don't know since I'm no fitness expert.
This morning, I decided to re-start with Jilian Michael 30 days shred. I felt the dumb bell weight combined with the legs works out will define and sculpt my muscle better.
It was not as hard as I remembered. I pray for support, persistence and the discipline to finish my 30 days shred so I can achieve body definition that I want. I desire for a lean, well sculpt body with elongate washboard. I am going to combine cycling, 30 day shred and yoga/Pilates workout to achieve this result. I also ask that I will make this into a life long habit and not sporadic like I did in the past. I want to make it a part of my healthy lifestyle.
If you are restarting your fitness journey again, or just start recently, let's cheer and motivate each other so that we would not derail from our fitness course. 2 years ago


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Army Family Covenant
Fort Riley Morale, Welfare & Recreation Support of the Army Family Covenant
- Provide Warrior Adventure Quest Programs designed to provide "high adventure, high adrenaline activities" for Soldiers and Family Members.
- Accelerate Child and Youth spaces to meet the needs of Fort Riley Families.
- Expand Services and Programs to provide support for the Expeditionary Force.
- Increase Army Community Service manpower support to meet ongoing need for continuous deployment and expanded Family Assistance Center services.
- Provide Respite care for Families with Exceptional Family Members (EFM). Each certified EFM will receive a maximum for 40 hours per month.
- Offer discounted golf and bowling to Families of Deployed Soldiers.
- Enhance Fitness and Aquatics Programs to increase recreational opportunities. Fitness and Aquatics Programs are designed as stress relievers for returning Soldiers and families of deployed units.
- Sports Program for Wounded Warriors provide a goal oriented sports program for physically disable Soldiers who are allowed to remain on Active Duty.
- Better Opportunities for Single Soldiers (BOSS) provide programs and events in support of deployments.


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Austerity worsening recessionJanuary 08,2013SAN DIEGO — It's that time again: the annual meeting of the American Economic Association and affiliates, a sort of medieval fair that serves as a marketplace for bodies (newly minted Ph.D.s in search of jobs), books and ideas. And this year, as in past meetings, there is one theme dominating discussion: the ongoing economic crisis.
This isn't how things were supposed to be. If you had polled the economists attending this meeting three years ago, most of them would surely have predicted that by now we'd be talking about how the great slump ended, not why it still continues.
So what went wrong? The answer, mainly, is the triumph of bad ideas.
It's tempting to argue that the economic failures of recent years prove that economists don't have the answers. But the truth is actually worse: In reality, standard economics offered good answers, but political leaders — and all too many economists — chose to forget or ignore what they should have known.
The story, at this point, is fairly straightforward. The financial crisis led, through several channels, to a sharp fall in private spending: Residential investment plunged as the housing bubble burst; consumers began saving more as the illusory wealth created by the bubble vanished, while the mortgage debt remained. And this fall in private spending led, inevitably, to a global recession.
For an economy is not like a household. A family can decide to spend less and try to earn more. But in the economy as a whole, spending and earning go together: My spending is your income; your spending is my income. If everyone tries to slash spending at the same time, incomes will fall — and unemployment will soar.
So what can be done? A smaller financial shock, like the dot-com bust at the end of the 1990s, can be met by cutting interest rates. But the crisis of 2008 was far bigger, and even cutting rates all the way to zero wasn't nearly enough.
At that point governments needed to step in, spending to support their economies while the private sector regained its balance. And to some extent that did happen: Revenue dropped sharply in the slump, but spending actually rose as programs like unemployment insurance expanded and temporary economic stimulus went into effect. Budget deficits rose, but this was actually a good thing, probably the most important reason we didn't have a full replay of the Great Depression.
But it all went wrong in 2010. The crisis in Greece was taken, wrongly, as a sign that all governments had better slash spending and deficits right away. Austerity became the order of the day, and supposed experts who should have known better cheered the process on, while the warnings of some (but not enough) economists that austerity would derail recovery were ignored. For example, the president of the European Central Bank confidently asserted that "the idea that austerity measures could trigger stagnation is incorrect."
Well, someone was incorrect, all right.
Of the papers presented at this meeting, probably the biggest flash came from one by Olivier Blanchard and Daniel Leigh of the International Monetary Fund. Formally, the paper only represents the views of the authors; but Blanchard, the IMF's chief economist, isn't an ordinary researcher, and the paper has been widely taken as a sign that the fund has had a major rethinking of economic policy.
For what the paper concludes is not just that austerity has a depressing effect on weak economies, but that the adverse effect is much stronger than previously believed. The premature turn to austerity, it turns out, was a terrible mistake.
I've seen some reporting describing the paper as an admission from the IMF that it doesn't know what it's doing. That misses the point; the fund was actually less enthusiastic about austerity than other major players. To the extent that it says it was wrong, it's also saying that everyone else (except those skeptical economists) was even more wrong. And it deserves credit for being willing to rethink its position in the light of evidence.
The really bad news is how few other players are doing the same. European leaders, having created Depression-level suffering in debtor countries without restoring financial confidence, still insist that the answer is even more pain. The current British government, which killed a promising recovery by turning to austerity, completely refuses to consider the possibility that it made a mistake.
And here in America, Republicans insist that they'll use a confrontation over the debt ceiling — a deeply illegitimate action in itself — to demand spending cuts that would drive us back into recession.
The truth is that we've just experienced a colossal failure of economic policy — and far too many of those responsible for that failure both retain power and refuse to learn from experience.
Paul Krugman is a columnist for The New York Times.MORE IN CommentaryThe sit-ins, die-ins, marches and other demonstrations sparked by the tragic deaths of Michael... Full StoryMaybe Im just projecting, but Christmas seemed unusually subdued this year. Full StoryMore than we may realize, the world has been riding a lucky streak since the global financial... Full Story
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