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(MCT)—The following editorial appeared in the San Jose Mercury News on Wednesday, Oct. 12:
The easiest and most effective economic stimulus the Obama administration could accomplish doesn't require an act of Congress. Executive action could change the rules to allow responsible homeowners with underwater loans to refinance at today's rock-bottom interest rates, stemming the tide of foreclosures that is crippling recovery across the country and hitting California harder than any other state except Nevada.
Recently, a rare bipartisan contingent of the U.S. Senate—with Democrats including California's Barbara Boxer and Republicans from Massachusetts, North Carolina and Georgia—urged the president to act. His jobs bill has the proverbial snowball's chance of survival in the House, and if any of it does get through, it will only be after endless partisan posturing. Putting new mortgage financing rules in place could have a nearly instant effect.
It would give hope to families now thinking about abandoning their homes, not because they can't make the high payments but because it doesn't make financial sense to do so. Millions of borrowers could benefit. And it would give hope to regions like California's Central Valley overwhelmed by foreclosures, which have the effect of further undermining home values in general and accelerating the downward economic spiral.
Banks and Wall Street lit the fuse of this economic disaster, but housing is the industry that was most devastated. Many business leaders believe the nation can't really recover from the last recession, let alone avoid a double-dip, unless the housing market stabilizes. Obama has this in his power.
The change in rules would help only borrowers who have kept up their mortgage payments, not gone into default. Many of them now have loans at well over 5 percent when current rates are under 4 percent, an all-time low. In their letter to top administration officials Tuesday, the senators say there are nearly 19 million loans guaranteed by Fannie Mae and Freddie Mac that could benefit from a refinance nationwide.
The difference could mean $2,000 a month to many families, Obama himself said in his speech to Congress in September. It's money people could spend on consumer goods and services, but more than that, it could enable more families to stay in their homes and bring more stability to society.
Collectively, the ongoing pattern makes it impossible to build confidence in a recovery and to stimulate individual and business spending, which is what will actually fuel a recovery.
©2011 the San Jose Mercury News (San Jose, Calif.)
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Creighton University Professor of English, Dave Phillip Mullins' short story "Arboretum," originally appearing in his collection, Greetings from Below, has been selected for inclusion in the upcoming anthology, New Stories from the Southwest, Volume II.
Mullins is a graduate of the Iowa Writers' Workshop. His work has appeared in The Yale Review, The Massachusetts Review, New England Review, Cimarron Review, Fiction, Ecotone, Folio, and Gulf Coast. He has been nominated three times for a Pushcart Prize and has received awards from Yaddo and the Sewanee Writers' Conference as well as the Silver Pen Award from the Nevada Writers? Hall of Fame. His collection of short stories, Greetings from Below, won the 2009 Mary McCarthy Prize in Short Fiction and the 2010 International Walter Scott Prize for Short Stories.
Creighton University is a Jesuit, Catholic university bridging health, law, business and the arts and sciences for a more just world.

subset: commoncrawl


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The Soap Factory's Haunted Basement brings new spooks to the 2012 season
A previous year in the basement.
Sarah Nienaber
The Soap Factory's annual Haunted Basement, now in its sixth year, has acquired a reputation for serious scares. When the 12,000-square-foot, 125-year-old basement opened for its seasonal run on Friday night, just 24 of 10,000 tickets for the month were left unsold. By 11 p.m., enough brave souls had gone through the basement that those waiting in line for their turn got to hear stories of the factory's first victories: A handful of people had resorted to the safe word, "Uncle," and opted out of the rest of the tour. Already, one poor visitor had, yes, peed.
But don't worry: Chances are, you won't be the fraidy cat who ends up in a corner with wet pants. Because the Haunted Basement doesn't go in for the kind of easy spooks that might catch you (or your bladder) off guard. Instead, it engages in something more unsettling -- and interesting.
See also:
- Slideshow: Soap Factory's Haunted Basement: Behind the Scenes
- Death Be Not Proud: The game of Halloween one-upmanship
- A Haunted Basement spooky spectre shares her experiences
- Event: The Haunted Basement
- Slideshow: Top 10 Scares at the Soap Factory's Haunted Basement 2011
Half the fun of any scare is the surprise. But without giving too much away, we can say that the basement starts by messing with your senses. Once you climb down the stairs from the friendly, well-lit Soap Factory galleries, you're quickly plunged into darkness and thoroughly disoriented. And since you can't see, everything else starts to loom bigger -- where are you going? And what's that smell?
In past years, the basement has had themes like "disturbing;" it's employed spinning rooms and mazes. The creepiest parts of this year's experience, though, aren't the ghosts and animal masks (though yep, both are involved). It's more... the familiar, almost cozy living room. Or the performers who, instead of playing otherworldly specters, tread the far side of insanity, and make you much less certain about what they're going to do next. If the basement were a horror movie, it would have more in common with The Shining or even Saw than with The Texas Chainsaw Massacre or The Haunting.
After a certain point in the 20-40 minute tour, you remember that the ghouls jumping out at you -- or massaging your head, or grabbing your ankle, or taking your hand to lead you through another unmarked door -- are actors and artists. That's when the basement starts to get fun. Because then, it's more like performance art than the haunted house you grew up going to in the elementary school gym. And once you're ready to play, the direction becomes as much up to you as to the masked, bloodied performers who are guiding you through the interactive experience.
By the end of the basement you might find that your cold sweat has dissipated, and that it's exciting to see what the creative minds behind the tour have set up to spook you next. Which means that in some ways, the most frightening parts of the night come after you climb back up the Soap Factory's stairs -- when you start picturing, again, that one particular mask; when you turn the lights on in your apartment just to be sure that spot on your couch isn't blood; or when you find yourself turning over the question of what, exactly, it is that most scares you.
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Anyone who experiences stage fright knows what it feels like to slip up under the pressure of having an audience watch your every move.
In short: The ...
Read Whole Story
Regardless of whether you're on a stage singing a song, in an office giving a presentation, public speaking, taking a test, running a football or fighting a tiger, your fight or flight system operates in the exact same way. So what can you do about it?
During the 2012 Summer Olympics in London, all eyes were on the U.S. Women's Gymnastics team, who won the team gold in gymnastics for America for the ...
I'd like to share five strategies to help you use fear in a productive way, get calm and grounded, and make a powerful impression when you're speaking to an audience during workshop, seminar, retreat, or live event.
By Karen Hopkin
(Click here for the original article and podcast)
Nervous before a big interview? Or a major exam or speech? Well, whatever you ...
Sweaty palms. Dry mouth. A throbbing heart. At some point, most of us have experienced these awful symptoms of stage fright. And we've all heard that ...
We stress over our jobs, our relationships, our finances and our friendships -- and unfortunately, even our bedrooms can become a breeding ground for ...
The key to staying calm is not getting nervous about feeling nervous. Finding a balance between controlling as much as you can, while recognizing there will be some things you can't control, is key to not letting your nerves interfere.
When we are stuck in safety, we confuse the fatigue of simultaneously trying for and resisting our goals with the energy and effort that would otherwise be going powerfully toward achieving them.
What's bugging our still handsome hunk is pure and simple middle-aged angst about losing his edge. Chalk up one more boomer whose investment is yielding diminishing returns. The man is slipping.
People aren't on the sidelines judging our lives with the clipboard and whistle, and we shouldn't be either.
Performance anxiety is an elephant-in-the-room-sized issue for everyone who spends time on any kind of a stage. Yet only a fundamental shift in how performance anxiety is perceived will allow you to overcome and indeed transcend it.
I was 12 years old, and there was no way one could "get out of" the eighth grade at the Francis W. Parker School of Chicago without memorizing and reciting the poem. Samuel Taylor Coleridge's "Kubla Khan: or, A Vision in a Dream: A Fragment," to be precise.
Studies show that when people are allowed to make mistakes, they are significantly less likely to actually make them! Let me explain.
I tried to think of ways to reduce my anxiety about giving a presentation, short of that old chestnut about calming yourself by imagining everyone in the audience in their underwear. Here are five ways to get ready for a presentation.
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Art Buggy Derby 3.0 Coming Sunday October 19th, 2008 - 2PM
Art Buggy Derby 2.0 from Studio Nine on Vimeo.
What the Buggy?!
Thank you to everyone who came out for Art Buggy Derby 3.0!
Conrgatulations to our winners:
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Tremendous thanks to all our sponsors!
Make Magazine, Kaloke Technologies, Art Star Gallery & Boutique, Ethnics Furniture, Ground Zero South.
What is the Art Buggy Derby?
It is the world's only live event that mashes together interactive art making, MacGyver style craft, and creative materials reuse. The idea is pure insanity and fun: Build a foot powered 'buggy' that creates art as you race it against another team's buggy. Wow the crowd with your artistic creation and win $500 cash or one of many other cash & prizes!
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ANYONE can build an Art Buggy! You don't need to be an artist or engineer... just take everyday items (especially those destined for a landfill) and assign them a new role in life. Use an old skateboard or tricycle for the Buggy base or recycle wallpaper for a canvas. Register here!
What Qualifies as a Buggy?
Anything powered by your feet - scooters, wheeled things, or make your own....
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Mark making that captures the journey of the race (without your assistance!)
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text: Re: "Second person denied Arizona transplant coverage dies," (Journal, Jan. 7): I think that it is sad that our country has come to the point where we can't supply desperate people with the transplant surgery they need, even though they don't have health coverage. If it is a life-death situation, our hospitals should be able to spare someone's life and not worry about medical bills. It is not only hard for the family and friends of this man, but the doctors that were "helping" him. It is now on their consciences that a man passed away in their care. This makes us look bad and unorganized, and now that it has happened twice it almost seems embarrassing. Because of less coverage, the patient "most likely" died. As a society, we need to ask ourselves if this is murder. If someone needs aid and it can be provided to save his life, should they be denied care because of money? PAIGE ROPER, student, Auburn


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Upon entering Tesuque Ridge, a premier Santa Fe gated estate location, you will be astounded by the glorious badlands view leading to #97. The custom designed property, on 5 acres, enjoys close-up magnificent Sangre de Cristo views from the more than 9,000 sq ft home, guesthouse, and outdoor spaces. Mere minutes from downtown, the main home offers approximately 5,800 sq ft of heated space and over 2,000 sq ft of outdoor space. Featured are a living room, dining room, large chef's kitchen/family room, butler's pantry, office, stunning rock walled powder room, two guest suites, master suite with commodious closet and dressing space, and exercise/meditation/studio room, five indoor fireplaces, and a 3 car garage. Outdoor space includes a dramatic rock water feature, 2 fireplaces and lots of space to enjoy the views, indoor/outdoor living and entertaining. The approximately 900 sq ft guesthouse is self-sufficient with great room, fireplace, kitchen, bedroom, bath, and laundry.
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On-demand online learning in the workplace is the perfect tool for addressing the needs of a variety of learners across generations. Investing in online learning options for workers is a cost-effective way for companies to retain top employees and meet individual training needs at the same time. Whether an employer is looking to train a sales staff on a new software platform, introduce new customer service protocols to existing employees, or engage a team in topics geared toward group cohesion, online learning offers the on-demand versatility needed to help employees succeed.
Consider a situation where an employee has just been assigned to a new team charged with a specific goal such as identifying and implementing ways to increase bottom line performance of a new project. The project manager built a team that s/he thought could work well together, one that has a diversified way of looking at a problem, and one that has a wide range of skills. The challenge is that each team member brings a slightly different skill set and industry "language" to the project.
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In order for the project to progress efficiently, the team leader needs everyone to "speak" a common language and share a common knowledge base. To help facilitate group cohesion and improve communication, the team leader may enroll the team in a series of online courses about topics integral to the success of the project. While there will most likely be a timeline for course completion, each team member can engage in the training materials through a mobile device whenever they want and wherever they are. This attractive feature of on-demand online training adds great versatility and convenience to the learning experience.
The beauty of on-demand online learning is that it is so flexible. A manager can send the team a brief webcast and follow up with an email discussion question. The team leader can assemble on-demand online materials that may include a simulation or group activity to use in a face-to-face real time session, but the materials can also be viewed repeatedly on a mobile device for months afterward. Overall, employees enjoy learning with on-demand because its blended course environment is engaging, relevant, and flexible.
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In addition to being convenient, on-demand online learning is built with a deep understanding of how learners retain new material. The latest in brain-based research shows that today's learners need breaks at regular intervals and need to receive the information in a variety of ways in order to improve retention of knowledge. Additionally, the best long term retention of new ideas happens when a learner feels comfortable and engaged in the process. Today's reputable online courses provide a great diversity of online learning tools such as videos, webinars, audio feeds, and mobile courseware to reach learners. These applications are also conducive to a great many learning styles.
Not only does on-demand online learning make it easier to employers to offer training to employees more effectively, it also allows a learner to engage in training that is conducive to the most natural way the brain learns. This makes on-demand online learning a wise investment all around. While learning in this blended way, might seem most familiar to the Millennials out there, it isn't just the early career professionals who find this learning format useful.
Every generation brings unique influences with them as they enter the workforce. In order to retain the best employees, companies need to evolve with generational workforce trends. The Millennials who were born in the 1980s are currently in their 20s and early 30s, and bring an intrinsic understanding of current technological trends with them to their new jobs. They seek smart relevant technology that is integrated naturally in their day to day professional experience. In order to keep the younger generation engaged, ongoing blended learning experiences is a must for top employers competing for top talent.
With the recent economic upheavals, many comfortable, stable and mid-career Gen X professionals found themselves out of work and competing with recent grads for jobs (especially for career changers or those who needed to take a job at a lower skill level in order to gain any full time employment). Like the Millennials, they want an employer to provide ongoing development opportunities to assist in keeping skills current, especially in today's challenging economy. On-demand online learning provides targeted training for these employees, too.
[You May Also Enkoy Reading Mastering Time Management]
In order to meet the needs of the baby boomers, the versatility of online learning translates into a highly cost-effective way for employers to address this group's needs. The on-demand materials allow the older employees to engage in new material at an individual pace, integrate an extensive skill set with new technology, and master specific skills that are most relevant to a current job description.
In order to remain ahead of the competition, hiring executives desire employees who have a wide range of applicable skills. The catch is that top employers know that the best employees seek ongoing continuing education to keep skills and knowledge current. On-demand learning offers a highly engaging and cost effective learning experience that employees across the age span find attractive.
On-demand online learning is revolutionizing how employers view training.
The flexibility and convenience is highly appealing across the generations. No more boring PowerPoint presentations where everyone in the group has to sit through all the slides read aloud one after the other after the other... No more doodling all over handouts to stay awake during a 9 am overhead presentation because the morning coffee hasn't finished brewing yet. The on-demand nature of today's corporate training sessions means that all learners can actively engage in a career development plan that is relevant and inherently tailored to simultaneously meet individual and company need.
For employers looking to retain skilled professionals at all stages of career growth, offering on-demand online learning is one important way to increase employee satisfaction. On-demand online learning is catching on in the workplace and is an interesting business trend to watch. While no one knows for sure how long the trend will last, its popularity continues to grow across industries.
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So NCC underbid Hans House by £100k. Surely the MoJ should have taken the higher bid. So why didn't it. And will NCC ever come clean on the total cost. We know that you have to add on the £1.5m cost of improving access. But the terms of sale would also have involved NCC in agreeing to separate all of the services to HMP Bure from the rest of the site. Hans House had budgeted over £1m for the cost of that becasue of the uncertainty of what they would discover when the work was put in hand. I bet NCC does not even have a figure in mind.
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Colorado Court of Appeals -- August 16, 2012
2012 COA 136. No.11CA1391. Neuromonitoring Assoc. v. Centura Health Corp.
Court of Appeals No. 11CA1391
City and County of Denver District Court No. 10CV53
Honorable Brian R. Whitney, Judge
Neuromonitoring Associates,
Centura Health Corporation, Catholic Health Initiatives Colorado, and Portercare Adventist Health System,
Division V
Opinion by JUDGE LOEB
Hawthorne and Miller, JJ., concur
Announced August 16, 2012
Robinson Waters & O'Dorisio, P.C., Steven L. Waters, Brian G. McConaty, Bradley G. Robinson, Kimberly A. Bruetsch, Denver, Colorado, for Plaintiff-Appellant
Kutak Rock, LLP, Chad T. Nitta, Mark L. Sabey, Blair E. Kanis, Denver, Colorado, for Defendants-Appellees
¶1 In this action for breach of an exclusivity clause in a professional services contract, plaintiff, Neuromonitoring Associates, appeals the district court's summary judgment entered in favor of defendants, Centura Health Corporation, Catholic Health Initiatives Colorado, and Portercare Adventist Health System. The district court concluded that plaintiff's claims were subject to a three-year statute of limitations, that equitable tolling of the limitations period was unwarranted based on the evidence presented, and that the entire action must be dismissed because plaintiff did not commence it within the applicable limitations period.
¶2 We agree with the district court's conclusions that plaintiff's claims were subject to a three-year limitations period and were not subject to equitable tolling. We also conclude that the district court properly dismissed plaintiff's claims insofar as they were based on alleged breaches by defendants that occurred more than three years before the action was commenced. However, we further conclude that to the extent plaintiff's claims were based on alleged breaches occurring within three years of the filing of the complaint, the district court erred in dismissing those claims. Consequently, we reverse that portion of the summary judgment and remand for further proceedings.
¶3 I. Background and Procedural History
¶4 On January 5, 2010, plaintiff commenced this action seeking to recover damages arising out of defendants' alleged breaches of an Intraoperative Nerve Monitoring Agreement (agreement). The agreement became effective on July 1, 2004, and was valid for a term of one year with automatic renewals for additional one-year terms, unless otherwise terminated with proper notice.1For example, either party could terminate the agreement without cause by giving thirty-days' written notice.
¶5 Plaintiff alleged that under the agreement, it was to be the exclusive provider of surgical nerve monitoring services to six designated hospitals. Plaintiff further alleged that defendants breached the agreement by entering into agreements with other nerve monitoring companies and allowing those companies to perform nerve monitoring services at the designated hospitals. Plaintiff asserted claims for breach of contract and breach of the implied covenant of good faith and fair dealing.
¶6 Defendants moved for summary judgment, arguing that plaintiff's claims were barred by the three-year limitations period contained in section 13-80-101(1)(a), C.R.S. 2011. Defendants submitted supporting documents indicating that since 2005 plaintiff had been aware that other companies were providing neuromonitoring services at the designated hospitals in violation of the agreement's exclusivity provision.
¶7 Plaintiff filed a response arguing that its claims were subject to the six-year limitations period contained in section 13-80- 103.5(1)(a), C.R.S. 2011. Alternatively, plaintiff argued that, even if the three-year limitations period applied, the action was timely because defendants were equitably estopped from relying on the statute of limitations defense, and because defendants committed "repeated, successive breach[es] of a continuing protective covenant" such that plaintiff should be able to "seek damages for the three year period preceding the filing of the Complaint."
¶8 The district court concluded that the three-year limitations period applied to plaintiff's claims. However, citing an affidavit of plaintiff's president, the court concluded that, based on the existing record, "the parties are in dispute as to when [p]laintiff was aware or should have been aware that the contract had been breached." Consequently, the district court denied defendants' motion.
¶9 Following the completion of further discovery, defendants renewed their summary judgment motion based on expiration of the statute of limitations. Defendants attached additional evidentiary materials indicating that plaintiff had believed in 2005 that defendants were in breach of the agreement's exclusivity provision, and that plaintiff made a conscious strategic business decision to continue under the agreement rather than initiate legal action.
¶10 In ruling on defendants' renewed summary judgment motion, the district court first reaffirmed its prior ruling that plaintiff's claims were subject to a three-year limitations period. Then, based on the additional materials submitted, the court concluded there was no longer a disputed factual issue that plaintiff's claims accrued in April 2005, and that the action was barred because plaintiff did not file the complaint within three years of that date. The court also rejected plaintiff's arguments that the limitations period should be equitably tolled, and that at least some of plaintiff's claims were timely based on the continuing nature of defendants' breaches.
II. Analysis
A. Summary Judgment Standards
¶11 Summary judgment is proper where there is no genuine issue of material fact in dispute and the moving party is entitled to judgment as a matter of law. C.R.C.P. 56(c). The burden of establishing an absence of a genuine issue of material fact falls on the moving party, but once this initial burden of production is met, the burden shifts to the opposing party to demonstrate a triable issue of fact. City of Aurora v. ACJ P'ship, 209 P.3d 1076, 1082 (Colo. 2009). "This rule requires the opposing party to adequately demonstrate by relevant and specific facts that a real controversy exists." Id.
¶12 In determining whether summary judgment is appropriate, the nonmoving party is entitled to the benefit of all favorable inferences reasonably drawn from the undisputed facts, and all doubts must be resolved against the moving party. See Brodeur v. Am. Home Assurance Co., 169 P.3d 139, 146 (Colo. 2007).
¶13 Summary judgment may be granted in favor of a defendant based on a determination that the plaintiff did not file the action within the applicable statute of limitations. See United Fire Grp. v. Powers Electric, Inc., 240 P.3d 569, 570 (Colo. App. 2010).
¶14 We review the decision to grant a motion for summary judgment de novo. See id.; see also Two Denver Highlands Ltd. Liab. Ltd. P'ship v. Stanley Structures, Inc., 12 P.3d 819, 821 (Colo. App. 2000).
B. Applicable Statute of Limitations
¶15 Plaintiff contends the district court erred in applying the three?year limitations period in section 13-80-101(1)(a), rather than the six-year limitations period in section 13-80-103.5(1)(a). We disagree.
¶16 Section 13-80-101(1)(a) provides for a three-year limitations period for "[a]ll contract actions . . . except as otherwise provided in section 13-80-103.5." As pertinent here, section 13-80-103.5(1)(a) provides for a six-year limitations period for "[a]ll actions to recover a liquidated debt or an unliquidated, determinable amount of money."
¶17 An amount is liquidated or determinable for purposes of section 13-80-103.5(1)(a) if the amount due is ascertainable by reference to an agreement or by simple computation, even if reference must be made to facts external to the agreement. See Rotenberg v. Richards, 899 P.2d 365, 367-68 (Colo. App. 1995); see also Interbank Invs., L.L.C. v. Vail Valley Consol. Water Dist., 12 P.3d 1224, 1230 (Colo. App. 2000). However,
[a] sum is not liquidated or determinable merely because a fact finder, armed with information relevant to determining the amount owed, can arrive at a specific amount of damages. After all, such a determination is possible in every contract action in which the amount claimed is not speculative. Rather, a sum is liquidated or determinable within the meaning of section 13-80-103.5(1)(a) only where the agreement sets forth an amount owed or a formula for calculating an amount owed.
Portercare Adventist Health Sys. v. Lego, ___ P.3d ___, ___ (Colo. App. No. 09CA0900, Sept. 16, 2010) (cert. granted Mar. 14, 2011).
¶18 Here, plaintiff is not seeking damages for nonpayment for services it actually provided to defendants. Rather, it seeks to recover damages based on services it never received the opportunity to provide which, according to the complaint, caused plaintiff "loss of business revenue, loss of business, short and long term financial and professional harm" and "future financial injuries, damages and losses."
¶19 The agreement does not contain a liquidated damages provision addressing these types of claimed losses, nor does it specify how they should be calculated. Indeed, as reflected in a report prepared by plaintiff's own damages expert, determining plaintiff's alleged lost profits requires consideration of various matters about which the agreement is completely silent. These include the determination of a "reasonable collectability rate" for private pay and Medicaid/Medicare cases, and a calculation of plaintiff's own "cost of performance" or "cost of completion" savings based on not having to perform, which, in turn, includes various "material normalization adjustments."
¶20 Plaintiff notes that for Medicare or Medicaid cases, the agreement specifies a $100 per hour rate based on actual time spent monitoring the patient. However, plaintiff does not explain why this gross hourly amount would be exempt from the same net lost profit analysis described by its damages expert.
¶21 Because the amounts plaintiff seeks are not ascertainable by reference to the agreement or by simple computation, they are not "liquidated or determinable" within the meaning of section 13-80- 103.5(1)(a). Consequently, the district court correctly determined that the six-year limitations period under section 13-80-103.5(1)(a) did not apply and that plaintiff's action was, instead, covered by the three-year breach of contract limitations period contained in section 13-80-101(1)(a). See Portercare, ___ P.3d at ___; see also Union Pac. R.R. Co. v. Certain Underwriters at Lloyd's, 37 P.3d 524, 525-26 (Colo. App. 2001).
C. Equitable Tolling
¶22 Plaintiff next contends that the district court erred in concluding that defendants' conduct did not warrant equitable tolling of the limitations period. We perceive no error.
¶23 Equitable tolling of a statute of limitations is limited to circumstances in which either a defendant wrongfully impedes a plaintiff's ability to bring the claim, or truly extraordinary circumstances prevent a plaintiff from filing the claim despite diligent efforts. See Brodeur, 169 P.3d at 149; Dean Witter Reynolds, Inc. v. Hartman, 911 P.2d 1094, 1096-97 (Colo. 1996); Vessels v. Hickerson, 2012 COA 28, ¶ 56; Olson v. State Farm Mut. Auto. Ins. Co., 174 P.3d 849, 858 (Colo. App. 2007); see also Cork v. Sentry Ins., 194 P.3d 422, 427 (Colo. App. 2008). Once a statute of limitations defense has been raised, the plaintiff bears the burden of establishing the factual foundation for equitable tolling. See Garrett v. Arrowhead Improvement Ass'n, 826 P.2d 850, 855 (Colo. 1992).
¶24 Here, in support of its equitable tolling argument, plaintiff submitted evidence that (1) defendants had provided it with assurance they were "investigating" the alleged breach and would "get back to" plaintiff, and (2) plaintiff believed filing suit would cause defendants to terminate the agreement and effectively put plaintiff out of business.
¶25 Viewing these factual assertions in a light most favorable to plaintiff, we agree with the district court's conclusion that they were insufficient as a matter of law to warrant equitable tolling of the statute of limitations. Specifically, plaintiff failed to present evidence indicating that defendants wrongfully impeded its ability to bring its claims, or that it was ignorant of relevant facts that prejudiced its decision whether to file the action. Moreover, plaintiff's fear that filing suit might cause defendants to exercise their contractually agreed-upon right to terminate the agreement does not amount to "extraordinary circumstances" that prevented it from filing the action. Consequently, the district court properly concluded that equitable tolling of the limitations period was unwarranted. See Brodeur, 169 P.3d at 149; Dean Witter, 911 P.2d at 1098-99; Olson, 174 P.3d at 859; see also Gognat v. Ellsworth, 224 P.3d 1039, 1049 (Colo. App. 2009), aff'd, 259 P.3d 497 (Colo. 2011).
D. Accrual of Plaintiff's Cause of Action
1. Initial Accrual Date
¶26 Plaintiff contends there were genuine issues of material fact concerning when its cause of action first accrued. Again, we disagree.
¶27 A cause of action for breach of any express or implied contract "shall be considered to accrue on the date the breach is discovered or should have been discovered by the exercise of reasonable diligence." § 13-80-108(6), C.R.S. 2011; accord Jackson v. Am. Family Mut. Ins. Co., 258 P.3d 328, 332 (Colo. App. 2011).
¶28 In their renewed summary judgment motion, defendants attached discovery materials indicating that beginning in April 2005 and extending into 2006, plaintiff became aware that other companies were providing nerve monitoring services to defendants at hospitals designated in the agreement, and that plaintiff considered this to be a breach of the agreement's exclusivity provision. Defendants also attached excerpts from the deposition of plaintiff's CEO and co-founder indicating that in 2006, she and plaintiff's other co-founder decided on a "strategy" concerning defendants' breach, which was "to continue to uphold [the agreement] and to continue to work and do as many cases as [plaintiff] could at Centura." She indicated plaintiff was concerned that filing suit would result in losing all of defendants' business.
¶29 Through these materials, defendants met their initial burden of establishing an absence of a genuine issue of material fact that plaintiff's cause of action accrued in April 2005. Accordingly, the burden shifted to plaintiff to demonstrate a triable issue of fact. See ACJ P'ship, 209 P.3d at 1082.
¶30 In response to defendants' renewed summary judgment motion, plaintiff acknowledged notifying defendants in 2005 of the first alleged breach of which it became aware. However, plaintiff asserted that its cause of action did not begin accruing at that time because defendants repeatedly indicated "they were investigating the issue and would get back to [plaintiff]" and at no point confirmed they had breached the agreement. Thus, plaintiff asserted it "had no knowledge that [defendants] could not or would not maintain the exclusive provision of the contract." According to plaintiff, it was only when "discovery was exchanged in this case that [plaintiff] received confirmation from [defendants] that they had repeatedly breached the exclusivity provision of the [a]greement."
¶31 Even assuming the truth of plaintiff's assertion that defendants never confirmed they breached the agreement, such a confirmation was not necessary for the cause of action to accrue. Rather, all that was required were sufficient facts such that plaintiff discovered, or through reasonable diligence should have discovered, the breach. See § 13-80-108(6); Jackson, 258 P.3d at 332.
¶32 The undisputed evidentiary materials establish that (1) plaintiff was aware beginning in April 2005 that other entities were providing nerve monitoring services to defendants at the designated hospitals; (2) plaintiff, during 2005 and 2006, considered defendants to be in breach of the agreement's exclusivity provision by authorizing or allowing the other entities to provide these services; and (3) plaintiff made a strategic business decision in 2006 not to seek to enforce the exclusivity provision.
¶33 Based on these materials, the district court properly concluded there was no genuine factual controversy that the three-year limitations period on plaintiff's cause of action began accruing in April 2005.
2. Multiple, Successive Breaches
¶34 Plaintiff alternatively contends that the "continuing nature" of defendants' conduct resulted in "repeated, successive breaches" and that its breach of contract cause of action must, therefore, be deemed timely at least as to any breaches occurring within the three years preceding the January 5, 2010, filing of the complaint. We agree with this contention.
¶35 In Barker v. Jeremiasen, 676 P.2d 1259 (Colo. App. 1984), a division of this court concluded that protective covenants governing three lots "imposed a continuing obligation upon the defendants," whose conduct caused "repeated and successive breaches" of the covenants up to the time of trial. Id. at 1261. Although the defendants' breaching conduct began more than three years before the plaintiffs commenced the action, the Barker division held that the entire action was not barred by the three-year breach of contract limitations period and, instead, concluded the action was timely as to breaches occurring within the three-year period preceding the filing of the action. Id. at 1261-62.
¶36 We conclude that the rationale of Barker applies to plaintiff's claims in this case. Although defendants contend Barker is distinguishable because it involved protective covenants concerning real property, the concept of continuing contractual obligations, capable of being breached on multiple successive occasions, is not limited to real property covenants. Indeed, to the contrary, this concept has been recognized in the context of a variety of different contracts. See, e.g., Paul Holt Drilling, Inc. v. Liberty Mut. Ins. Co., 664 F.2d 252, 255 (10th Cir. 1981) (contractual obligation of insurer to defend insured); Spin Doctor Golf, Inc. v. Paymentech, L.P., 296 S.W.3d 354, 363 (Tex. App. 2009) (contract for payments to be calculated and paid on periodic basis); Noonan v. Nw. Mut. Life Ins. Co., 687 N.W.2d 254, 262 (Wis. Ct. App. 2004) (contract providing for right to share in divisible surplus to be determined annually and credited as dividend); Segall v. Hurwitz, 339 N.W.2d 333, 343 (Wis. Ct. App. 1983) (covenant not to compete and agreement not to use business name); see also 10 Arthur L. Corbin, Corbin on Contracts § 956 (interim ed. 2007) (citing examples of continuing contracts as including those to "maintain and keep in repair roads, fences and buildings, to give a railway pass for life, to furnish heat, [and] to refrain from competition in business" and asserting that "there is no essential difference between a 'continuing' contract and an 'installment' contract" because "[b]oth require a series of performances over a period of time" and "both are capable of a series of breaches for which a series of actions can be maintained").
¶37 In circumstances where a contract contains this type of "continuing duty to perform, generally a new claim accrues for each separate breach" and the plaintiff "may assert a claim for damages from the date of the first breach within the period of limitation." Noonan, 687 N.W.2d at 262; see C-B Realty & Trading Corp. v. Chicago & N. W. Ry. Co., 682 N.E.2d 1136, 1140 (Ill. App. Ct. 1997) (because each breach of a continuous duty has its own accrual date, a plaintiff may sue on any breach which occurred within the limitation period, even if earlier breaches occurred outside the limitation period) (citing Hi-Lite Prods. Co. v. Am. Home Prods. Corp., 11 F.3d 1402, 1409 (7th Cir. 1993)); see also Paul Holt Drilling, 664 F.2d at 256 (insurer's continued refusal to defend insureds constituted series of breaches and limitations period ran with each breach); RDO Foods Co. v. United Brands Int'l, Inc., 194 F. Supp. 2d 962, 971 (D.N.D. 2002) (separate wrong occurred each time defendant failed to pay management fee as determined by formula in management agreement, and each time plaintiff was not paid according to the terms of the management agreement, new cause of action for breach of contract arose, each with its own statute of limitations period); Christmas v. Virgin Islands Water & Power Auth., 527 F. Supp. 843, 848 (D.V.I. 1981) (breach of continuing covenant gave rise to cause of action each day breach continued and statute of limitations began to run anew as each breach occurred); Andersen v. A.M.W., Inc., 665 N.W.2d 1, 6 (Neb. 2003) (concluding that each time defendant failed to pay plaintiff commission as required under ongoing contractual obligation, separate breach of the agreement occurred, and distinguishing circumstances in which wrongful actions or damages flowed from single breach); Spin Doctor Golf, 296 S.W.3d at 363 (parties' agreement constituted continuing contract and claims based on breaches within four years before date suit was filed were not barred by statute of limitations).
¶38 Two Colorado cases on which defendants rely, Polk v. Hergert Land & Cattle Co., 5 P.3d 402 (Colo. App. 2000), and Harmon v. Fred S. James & Co., 899 P.2d 258 (Colo. App. 1994), are inapposite. First, neither case involved a breach of contract claim or addressed when a breach of contract claim accrues. Additionally, both cases address the "continuing violation doctrine" under which a plaintiff may, in certain instances, be allowed to sue for a time-barred act by linking it with action that occurred within the applicable limitations period. See Harmon, 899 P.2d at 261 (continuing violation doctrine allows a plaintiff to obtain relief for time-barred action by linking it to actions within the limitation period); see also Polk, 5 P.3d at 405. This doctrine is distinct, however, from what plaintiff seeks here in its alternative argument, which is merely to be allowed to sue for alleged breaches occurring within the applicable three-year limitations period, not for breaches occurring before that time.
¶39 In rejecting plaintiff's argument that at least a portion of its cause of action is timely based on the concept of distinct separate breaches, the district court relied, in part, on the fact that plaintiff initially decided to keep operating under the agreement rather than sue for breach. However, given the summary judgment posture of this case, we cannot conclude as a matter of law that plaintiff waived its right to bring suit, or that it is estopped from seeking recovery, as to the alleged breaches by defendants occurring within three years of when the action was filed.
¶40 We conclude defendants' agreement in the 2004 contract (as renewed in subsequent years) that plaintiff would be the exclusive provider of nerve monitoring services at the designated hospitals was a continuing contractual obligation. In its complaint, plaintiff alleged that defendants committed "multiple breaches" of the agreement by allowing "up to 15 different companies to provide nerve monitoring services" at the designated hospitals.
¶41 Under these circumstances, each time defendants allowed another entity to perform services at one of the designated hospitals, a new alleged contract breach occurred. See Barker, 676 P.2d at 1262. And insofar as plaintiff seeks recovery based on alleged breaches under the 2004 agreement (as renewed each year until July 1, 2009) occurring in the three-year period before January 5, 2010, when it commenced this action, plaintiff's action was timely and the district court erred in concluding otherwise. See id. Consequently, the case must be remanded for reinstatement of those claims. Conversely, however, to the extent plaintiff seeks to recover for alleged breaches occurring more than three years before January 5, 2010, the district court properly dismissed those claims as being time barred. Id.
E. Attorney Fees
¶42 Based on a prevailing party fee-shifting provision in the agreement, defendants request "an award of all attorney[ ] fees and costs incurred in association with the underlying district court proceedings as well as this appeal." In light of our partial reversal of the district court's summary judgment and our remand for further proceedings, we deny defendants' request for attorney fees and costs incurred in defending this appeal. Insofar as defendants seek attorney fees and costs incurred in the district court, we decline to address that request, which is already the subject of a pending motion in the district court and has yet to be fully resolved.
¶43 The judgment is affirmed insofar as it dismissed plaintiff's claims based on alleged breaches of the first agreement occurring more than three years before January 5, 2010. The judgment is reversed insofar as it dismissed plaintiff's claims based on alleged breaches of the first agreement occurring within the three-year period before January 5, 2010, and the case is remanded for reinstatement of and further proceedings on those claims.
JUDGE HAWTHORNE and JUDGE MILLER concur.
1 The parties actually entered into two written agreements during their business relationship. The first, which contained an exclusivity provision and is at issue here, is dated July 1, 2004, and was renewed automatically each year by its terms until defendants terminated the agreement, effective July 1, 2009. The parties then entered into a second agreement on September 1, 2009, which did not contain an exclusivity provision and was terminated by defendants in the spring of 2010. Plaintiff's action relates only to the first agreement.
These opinions are not final. They may be modified, changed or withdrawn in accordance with Rules 40 and 49 of the Colorado Appellate Rules. Changes to or modifications of these opinions resulting from any action taken by the Court of Appeals or the Supreme Court are not incorporated here.
Colorado Court of Appeals Opinions || August 16, 2012


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As job losses continued to mount, more and more consumers fell behind on their payments in November, Moody's Investor's Services reported Tuesday. Moody's Credit Card Index showed the charge-off rate on U.S. credit cards rose to 10.56%, up from October's charge rate of 10.04%. This reverses the recent downward trend in the charge-off rate, which had fallen in September and October.The charge-off rate measures credit card account balances lenders have written off as uncollectable. This is calculated as an annualized percentage of total outstanding principal balance. The record-high of 10.76 percent was reached in June, but Moody's forecasts that charge-offs will peak between 12% and 13% in mid 2010, as more and more people join the ranks of the long-term unemployed.
%%DynaPub-Enhancement class="enhancement contentType-HTML Content fragmentId-1 payloadId-61603 alignment-right size-small"%% The delinquency rate also rose slightly, reaching 6.2% in November from 6.1% in October. That includes all credit card payments that are between 30 days and 180 days late, but have not yet been written off. So far, the highest delinquency rate was seen in March when it reached 6.4%.
The only positive sign in this month's Moody's Credit Card Index was that the dollar amount of delinquent balances is lower than a year ago for cards issued by three of the six largest card issuers, even though the number of people paying late increased.
The amount that people paid towards principal also fell in November to 16.42% from 17.31% in October. The payment rate measures the average amount of principal that cardholders repay each month, measured as a percentage of total outstanding principal balance.
Credit card companies helped to create this mess by raising interest rates for millions of card holders to 29% and higher. As more and more people realized they were never going to be able to pay off their cards at such high interest rates, they decided to just stop paying their credit card bills. There is even a call for a National Default Day on Jan. 3, 2010.
Lenders Write Off More Credit Card Debt


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May 6, 2016
How could anyone do such a thing? That's the general reaction to the animal abuse case we've been reporting on out of Wayne County.
Wayne County authorities charged 28 year-old Lawton McKenzie of Fremont with three counts of animal cruelty.
The charges come after Wayne County Animal Control officers say they found dismembered animals and what appeared to be a decapitated puppy's head in a zip-lock bag, a decapitated dog with its front paws cut off and a goat's head on a grill. Authorities also removed 26 living animals from the home.
Authorities on the scene say what they saw was revolting...something they will never forget. We can attest to that. Some of the video was so disturbing that we couldn't show it.
While many people say they're shocked, horrified and disturbed by what McKenzie is accused of, others are wondering what happens next. Some wonder if lawmen caught an individual capable of committing even more serious crimes in the years ahead.
To be clear...McKenzie is innocent until proven guilty. But many wonder if he is found guilty, what kind of justice would be carried out? Would he face just probation, jail time, fines?
If this case is ultimately proven to be as lawmen say it is... what is the correct punishment within our legal system to see that it doesn't happen again and to ensure justice is served?
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srbacchus SarahFollow srbacchus
Female living in Hollywood, Florida USA
I am a college student majoring in graphic design. My dream is to travel the world one day. I am always learning and love art of all forms. One of my dreams is to travel to Europe and see the Lourve Museum of Art before I die :) I also make jewelry and am a fellow etsian feel free to check out my facebook page.
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Some of my Loveclay Christmas Ornaments
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pain during end of pregnancy
I'm 38 wks and i'm scheduled a c-sec on the 12th. A couple days ago I started feeling intense pains (like heavy period pains that go to my back). One day it lasted 4 hrs and the next day it came for about five min. I couldn't move. I told my dr and she said it's okay and it's normal to have those pains. Has anyone else experienced this?
Posted: 07/01/2013 by jaymi2
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It is your uterus preparing for labor.(BH contractions) They can become stronger as labor becomes closer. Just keep an eye on them, as long as they go away- no worries... If they become regular, and closer... then I would contact your doctor.posted 07/01/2013 by a BabyCenter Member
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May 2, 2016
The company has announced it will not continue it's contract with Earthlink, that according to a report in the Raleigh News And Observer. 18 States, including ours, will be affected by the change. In april, customers with earthlink e-mail accounts will have to change to the ending, Embarqmail.Com.
Those who don't want to switch can buy the service for $3.95 a month.
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Please add me to the map...I am in Concord CA
Printable View
Please add me to the map...I am in Concord CA
Bung me in. Lurgan, Northern Ireland. I'll have a bike by the end of April!
Click edit and then click the icon you inserted, and you'll get a popup menu of alternate icons. Select the cyclist and save.
Love your map for your tutorial.I lived in South America as a child and have many fond memories of going to the big city of Bogota,Medellin,Santiago.I listed on the map in the Silver Spring Weaton MD a riding partner would make the miles go by.
Bogota was selected by the digital equivalent of the dart tossed at the map. ;)
Pompano Beach, FL is in the proverbial house ;)
Tom: Thanks for the detailed training guide. I am now added to the map.
So I guess I'm not a complete moron. :D
Thanks for the instructions. I'm on the map now.,
Added myself to the map.
Added myself finally.
I'm the only one in Louisiana? Got the Bayou State on lockdown!!
Tucson, AZ, USA
More accurately: Vail, AZ and I believe that I have successfully added myself to the map.
Just joined here and added myself to the map. Just outside Pittsburgh.
Nevermind, added myself!
60646, Chicago, IL.
Sadly there is only like 3 people ANYWHERE near me. We need more!
Stuck in Afghanistan. Going to get home when the weather is crappy. Normally from Washigton state.
...nevermind, I've put that dang little bike thing on there 4 different times now, saved it and etc., it stays just until I close the map and when I try to access again, I'm gone :(...oh well...


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Product 7/10
300mm x 45m (12" x 50yds)
This bubble wrap has larger air bubbles which are circles of 2.5cm (1") diameter and it is great for protecting large delicate objects and filling up the space in cardboard boxes.
Wrap your white goods in this and hold it in place with some of our pallet wrap.
Price Includes VAT @ 20%


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Speeches 2003
July 4, 2003
Taped Remarks by U.S. Senator John McCain
I'd like to congratulate the Panamanian government and people on their hundredth anniversary. A nation that was born in conflict and now lives in peace. We are proud of our relationship and I am proud to say that I was born in your country. I am convinced that the prospects for our relations will continue to improve over the years as you also have as part of your country one of the most magnificent feats of engineering that the world has ever seen. I know that you will take good care of it. I look forward to seeing you soon.


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Small sample size indeed. Rivera has pitched five times for five total innings. You cannot hang a sabr-hat on anything there. But they are so pretty. Five innings. No hits. No walks. No runs. Four strikeouts. How the heck does he do that? This metronome is forty-two years old. After a winter off, he comes in every spring and throws the exact same motion, hits most of his targets for an inning, breaks a few bats and then takes the rest of the day off. He will come back the next time and do the same thing. How do I know? It happens every spring.
Since 2006, Mariano Rivera has pitched in 49 spring training games. In those 49 spring outings, he has given up two earned runs. Rivera has not given up a spring run since 2008. He has walked five batters and given up nineteen hits. How does that 0.50 WHIP grab you? His ERA is 0.37. The metronome.
But anyone can pitch a series of single innings and not give up a run or a hit or a walk, right? You think so? Let's take a look at the second best closer in baseball, Jonathan Papelbon. Papelbon tried to become a starter in 2006 and 2007, so we can't really look at those springs. But, let's look at 2008 to this spring season. Since 2008, Papelbon has thrown 45.2 Spring Training innings. Papelbon has given up 37 hits and fifteen walks. Papelbon has given up six spring homers since 2008 and yielded 21 runs. That's not bad. But he's not a metronome. Like most mortals, he has to round himself into shape for the season.
Just about anything that can be written about Mariano Rivera has already been said. There are no more decent or creative words that can add to the narrative. In a game that is defined by failure even for the most successful players, it is still big, big news when Rivera fails in an outing. I believe this will be his last season. All the signs are there. Every spring he has become this long lost waterfall we rediscover on our favorite hiking trail. Our eyes widen and we smile in amazement. Enjoy the metronome and the waterfall while that arm is still ticking back and forth and before the water source dries up.


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Two Madera men and one woman were arrested Thursday on felony charges of conspiracy to commit lewd acts with a minor after an undercover police officer posed as a 13-year-old girl and arranged to meet one of the men for sex.
Charles Ray Cruz, 51, and Ruben Rodriquez Garza, 44, are thought by authorities to have made contact with numerous girls between the ages of 13 and 17 for a period of at least 10 years.
Detective Daniel Foss, the lead investigator in the case, described Cruz as the ringleader of the two's actions. The men were arrested when Cruz arrived at a meeting spot set up by the undercover officer, Foss said.
"He was meeting with our undercover officer with the intent to have sex," Foss said of Cruz. "He believed she was 13 and a virgin … he was very explicit in what he wanted to do." ...


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May 2, 2016
Troy Matteson birdied five of the first nine holes and went on to shoot a 7-under 65 for the first-round lead at the Buick Invitational. That's one stroke better than Brad Adamonis.
Three-time defending champion Tiger Woods had a strong start to his 2008 season carding a 65 and is two back of the lead along with Rory Sabbatini, Kevin Streelman and Stuart Appleby.
Woods and Matteson played the tougher South course at Torrey Pines while the rest of the leaders feasted on the easier North course.
Phil Mickelson, who is also making his 2008 debut this week, shot a 2-under-70 on the North course.
Greenville native Will MacKenzie had a rough opening round finishing tied for last with an eight over par 80.
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|Family Fun - Cathy Kelsay
Event Type: Childrens Library Programs
Date: 5/26/2013
Start Time: 1:30 PM
End Time: 2:30 PM
Stories and Songs with YOU and Cathy Kelsay!Library: Sand Creek Library - 1821 South Academy Blvd.
Puppets, stuffed animals, and songs bring YOU into the story as Cathy Kelsay tells tales about birds and ducks. Everyone gets to have a turn with a puppet or prop. Join the fun!
Location: Sand Creek Meeting Room


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NewsFeedEmail - Facebook News Feeds Straight to Your Email
Posted by marc published 1910 days ago
Posted by marc published 1910 days ago
Can't get on Facebook at work? Get your News Feed emailed to your inbox! 54% of companies worldwide ban access to Facebook – NewsFeedEmail keeps you in the loop with your social News Feed – via email. Don't waste time getting distracted by Facebook with games, apps etc. Quickly check your entire social news in just one email while you are in your inbox. Check your Facebook News Feed without people in the office seeing. Looks like you're checking your email and not logged onto Facebook.


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W. R. Grace & Co. (NYSE: GRA) announced that it has signed a definitive agreement to acquire the assets of the UNIPOL™ Polypropylene Licensing and Catalysts business of The Dow Chemical Company (NYSE: DOW) for a cash purchase price of $500 million. The transaction is expected to close by year end, pending regulatory approvals.
Dow's UNIPOL™ licensing and catalysts systems business offers industry-leading UNIPOL™ Polypropylene Process Technology, which includes the advanced process control UNIPOL UNIPPAC™ Process Control software, SHAC™ Catalysts Systems, and 6th Generation non-phthalate CONSISTA™ Catalysts Systems.
Grace is a leading supplier of polyolefin catalyst technology and has the broadest portfolio of polyolefin catalyst technologies of any independent polyethylene/polypropylene catalyst producer.
"The addition of Dow's world-class polypropylene products and process technology is a significant enhancement of Grace's market-leading catalysts franchise," said Grace Chairman and Chief Executive Officer Fred Festa. "The agreement reflects Grace's continuing commitment to invest in our catalyst businesses, particularly in technology. This acquisition strengthens our ability to provide polypropylene catalyst solutions to our customers around the world."
Grace was advised on the transaction by Blackstone Advisory Partners L.P.
Grace will address the acquisition during the company's Third Quarter 2013 earnings conference call scheduled for Wednesday, October 23, at 11:00 a.m. ET. Access to the live webcast and the accompanying slides will be available through the Investor Information section of the company's website, www.grace.com.
About Grace
Grace is a leading global supplier of catalysts; engineered and packaging materials; and, specialty construction chemicals and building materials. The company's three industry-leading business segments—Grace Catalysts Technologies, Grace Materials Technologies and Grace Construction Products—provide innovative products, technologies and services that enhance the quality of life. Grace employs approximately 6,500 people in over 40 countries and had 2012 net sales of $3.2 billion. More information about Grace is available at www.grace.com.
This announcement contains forward-looking statements, that is, information related to future, not past, events. Such statements generally include the words "believes," "plans," "intends," "targets," "will," "expects," "suggests," "anticipates," "outlook," "continues" or similar expressions. Forward-looking statements include, without limitation, all statements regarding Grace's Chapter 11 case; expected financial positions; results of operations; cash flows; financing plans; business strategy; budgets; capital and other expenditures; competitive positions; growth opportunities for existing products; benefits from new technology and cost reduction initiatives, plans and objectives; and markets for securities. For these statements, Grace claims the protection of the safe harbor for forward-looking statements contained in the Private Securities Litigation Reform Act of 1995. Like other businesses, Grace is subject to risks and uncertainties that could cause its actual results to differ materially from its projections or that could cause other forward-looking statements to prove incorrect.Factors that could cause actual results to materially differ from those contained in the forward-looking statements include, without limitation: developments affecting Grace's bankruptcy, propose plan of reorganization and settlements with certain creditors, the cost and availability of raw materials (including rare earth) and energy, developments affecting Grace's underfunded and unfunded pension obligations, risks related to foreign operations, especially in emerging region, acquisitions and divestitures of assets and gains and losses from dispositions or impairments, the effectiveness of its research and development and growth investments, its legal and environmental proceedings, costs of compliance with environmental regulation and those factors set forth in Grace's most recent Annual Report on Form 10-K, quarterly report on Form 10-Q and current reports on Form 8-K, which have been filed with the Securities and Exchange Commission and are readily available on the Internet at www.sec.gov.Reported results should not be considered as an indication of future performance. Readers are cautioned not to place undue reliance on Grace's projections and forward-looking statements, which speak only as the date thereof. Grace undertakes no obligation to publicly release any revision to the projections and forward-looking statements contained in this announcement, or to update them to reflect events or circumstances occurring after the date of this announcement.


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Edward Scissorhands worked wonders crafting unique and inventive hairstyles for the women of suburbia and he sported a bold look of his own. This Edward Scissorhands Sexy Wig will give you the rampant messy look that he pulled off so well. It features black hair that has been teased and tousled to create a frenzied shape. Be sure to check out our selection of Edward Scissorhands costumes to coordinate!
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WRIGHTSTOWN, WI -- (Marketwire) -- 03/06/13 -- cei (Coating Excellence International), a market leading flexible packaging and technical products company, today announced they are a proud recipient of a 2013 FPA Flexible Packaging Achievement Award. The award was presented to company officials at the 57th annual Flexible Packaging Achievement Awards Ceremony held in Naples, Florida.
cei's Simply Heinz single serve mayonnaise sachet, earned silver honors in the Sustainability and Environmental Achievement category. This high barrier mayonnaise sachet replaces traditional foil structures, which provide multiple benefits including cost savings and sustainability. "We continuously strive to bring our customers value added packaging solutions which assist them in growing their sales and building customer loyalty. The innovative Simply Heinz mayonnaise sachet reflects cei's commitment to innovative research and development and its leading manufacturing capabilities," stated Jeff Tritapoe, cei's Chief Operating Officer.
About cei
cei is an industry leading flexible packaging and technical products company specializing in wide web extrusion coating and laminating of film, foil, paper, board and nonwovens. cei features EB coating and laminating, wide web flexographic presses with award winning 10 color process printing with registered backside print capabilities, offset printing up to four colors and onsite graphics including design, layout and digital plate production. cei is also an industry leading sustainable manufacturer and printer. It is also ISO, Chain-of-Custody certified (FSC, SFI, and PEFC) as well as one of a limited number of certified Sustainable Green Printers (SGP). www.coatingexcellence.com
Media Contact:
Beth Vann
Director of Marketing
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As most of you probably know by now we have lost
one of our own in the past week. Dave Manske
passed away from cancer after a long battle. He
will be greatly missed by all of us as a member
of the Rice Lake Curling Club but I thought it
would be good to let all of you know how much a
part he played in our club and in others as
well.Dave became the main man for me as the
ice keeper about 10 years ago as he took over
the maintenance of the compressors at the club.
This in itself was a great undertaking but was
only a small part of what he did for us. When
we started to look at the possibility of putting
in our dehumidification system several years ago
he showed his knowledge and interest in the
project and pretty much took it on himself to
design and work with the manufacturer to get us
the right system for our building and I am sure
you would agree he was successful. He also
completely installed the system and duct work
for that system with the help of the other guys
that worked with him at Pauls Sheet Metal. This
was all done on voluntary time and saved us all
a great deal of money.A few years
ago he started talking to me about saving the
heat off the compressors that we were releasing
into the air out side to bring it in and heat
our ice area. He designed, and with the help of
the guys from Pauls' again completely installed
this system for us as well. We now heat our ice
area for free due to this innovative idea. The
Manske heat recovery system now is going into
several other clubs in the state and he will be
recognized in the curling world along with Rice
Lake with how we are able to change the way
other clubs do things for the betterment of
curling. This system saves us about $3,000.00
per year in gas bills and it only cost us
$4,500.00 to install. He also got us a rebate
off of the 4500 for $1,500.00 so the system pays
for itself in one year. So as you can
see Dave will be missed for more than his love
of our game. I will miss him deeply as a
friend, a great curling competitor and as a
great resource for our ice making
crew.Larry SharpPresident
RLCCIce keeper
Street & Mailing Address:
Rice Lake Curling Club - 912 S. Wisconsin Ave. - Rice Lake - WI - 54868
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and hosted by DCS


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PantsFollow Pants
Obviously I love to travel, but so far I have never left North America (Canada, USA, Mexico). However, on August 9th 2008 I will be doing my first Contiki tour: The European Whirl! With me will be my boyfriend and two other friends. In the future I hope to travel to Australia, New Zealand, Japan, Egypt, Greece... plus more!
Pants hasn't gone Contiki yet.
Have a favorite tour?
Following 0 people
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Upcoming Contikis
Trips I've Done
Favorite Tours
European Whirl
10 countries \ 19 days \ from US$2655 per person
If you've been dreaming of going to Europe but don't know exactly where to start, the European Whirl is your best option. Taking in the usual destinations of Paris, Rome and Amsterdam, it also ventures out east to Prague and Berlin. Both of which are currently on Europe's 'must see' list. The perfect combination of culture, relaxation and of course, good times!
Places I'd Like to Visit
- Austria
- Czech Republic
- England
- France
- Germany
- Holy See (Vatican City State)
- Italy
- Netherlands
- Switzerland
- United Kingdom


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Beyoncé's headlines the V Festival, Harry Styles shares style tips, and Selena Gomez goes on spring break!
1.) Beyoncé's British #beyhive is abuzz over the news that the Pepsi pop art princess will headline the U.K.'s V Festival! Weird question, though — do British bees' buzzing have an adorbz accent, too? J/K! (But no, really?) (Vibe)
2.) Remember how Daft Punk hinted that new music MIGHT be on its way via a cryptic helmet photo? Well, who knows WHAT they were really saying (being space robots and all), but now you can listen to a rare, unreleased seven-minute track from the techno masters from 1994. #Vintage (Pretty Much Amazing)
3.) One Direction's Harry Styles spilled some deets on his personal style and hair grooming tips. Heads up (like what we did there?): Following the bloke's daily routine does not guarantee instant heartthrob status, but it's def a good start. (MTV Style)
4.) We still have to wait until March 15 to see Selena Gomez in "Spring Breakers," but now you can check out some behind-the-scenes clips from the movie to hold you over 'til then. SPOILER ALERT: This movie looks SO DANG GOOD. (Hollywood Life)
Check out the rest of this week's 10 Things To Know Now after the jump!
5.) First the bad news: No Doubt announced on their blog that they've canceled their tour. Now, the GREAT news: They canceled so they can get back in the studio to make more NEW MUSIC! (No Doubt)
6.) Guys! Kelly Rowland covered the classic Motown hit "Ain't No Mountain High Enough"! Better yet, she did it as a collabo with Michael Bolton (yes, that Michael Bolton)! Annnd now we have something musically in common with our parents. (Idolator)
7.) Ke$ha wrote a song about, well, one of her very private body parts… WITH. HER. EFFING. MOM. You know what… we're just gonna let you explore the whole story after the jump. (I'm Not Obsessed)
8.) Last year we heard a rumor that Nine Inch Nails would reunite for a tour, and now it's actually coming true! Trent Reznor and the gang are heading out on the road this fall with international dates coming in 2014. (Vulture)
9.) And in de-uniting news, Stone Temple Pilots fired the band's lead singer Scott Weiland. Children of the '90s, let's weep together. (MTV News)
10.) What would Jem and the Holograms' modern IRL pop star doppelgangers look like? How about Katy Perry, Ke$ha, Nicki Minaj, Demi Lovato, and Taylor Momsen? The similarities are truly, truly, truly outrageous… and SO spot on! (BuzzFeed)
Photo credit: Getty Images


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First Fish
"Oh, Analeigh! You've got a dandy on the line!"
"Hold on tight!"
"Keep reeling, honey!"
"Don't let him get away!"
Mom, Dad and Grandma and Grandpa (She calls me "Pawpaw") called out advice to the two-year old angler with curly brown hair as she tussled with her very first fish.
My granddaughter's eyes twinkled, and she laughed excitedly as she cranked the fish to shore. She had to perform a little dance to tow the 9-inch bluegill up the bank.
"Pawpaw, Snoopy caught a fish!" she exclaimed. Snoopy, her plastic bobber, had seemed on the verge of drowning as the big bluegill pulled at the gob of worms at the end of her line.
Holding the line with both hands, Analeigh lifted her bluegill so everyone could see. We took photos to preserve the happy moment, then I unhooked the fish and released it to fight another day. Through Analeigh, our family's fishing heritage had just been passed to another generation.
On a wall in my office, I keep the pictures of all three of my daughters with their first fish. Their big days were spread out over a few years, but their reactions had been pretty much the same as Analeigh's. You can see it in the pictures. They were proud to the point of bursting.
So was I.
10 Tips for a First Fish Trip
- Pick a spot where fish are abundant. Conservation Department regional offices can provide suggestions for places to go in your area.
- Plan a short trip. An hour is plenty for a youngster.
- Pack snacks.
- If you go in the summer, fish during the cool part of the day. Fish are usually more active in the morning and evening.
- Use push-button spincast reels and live bait. Simple equipment translates into faster learning and better success.
- Teach basic skills like casting, knot tying and baiting the hook. Help a first-timer remove the hook from a fish. Some fish have sharp spines. Don't let a good experience turn into a painful one.
- Bring the camera to preserve the memory.
- Point out birds, frogs, flowers, trees and other items of interest.
- Don't stop after one trip. Repeat trips keep the fishing bug alive.
- Take advantage of the many fishing clinics offered throughout the year by the Conservation Department, fishing clubs and community organizations.
I've been working in the fisheries division of the Conservation Department for my entire career, so I might gush a little bit more than most about the joys of fishing. There's research that shows most people


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The five-year-old was airlifted to hospital in California after the machine door closed when she climbed inside.
10:29, UK, Wednesday 03 September 2014
A five-year-old girl is recovering in hospital after she became stuck in a washing machine in California.
Police say the girl climbed into the machine at the Washeteria dry cleaners in Pasedena while the woman she was with was not looking.
The woman had been unable to get the machine to work and when she went to use a different machine the girl managed to get inside.
Somehow the door to the machine closed and the spin cycle was activated for several minutes before the woman noticed what had happened.
Vance Mitchell from Pasadena Police told Fox News: "Unfortunately she spun around in that washing machine for several minutes and apparently it was on high speed. She was tumbling pretty fast in there
"One person walked by and said they saw something flopping around in there they thought it was just a dress or something because it was moving pretty fast."
The owner shut the machine down and the girl was air-lifted to hospital as a precaution, though her injuries are not life threatening.
Police do not suspect foul play.
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From Uncyclopedia, the content-free encyclopedia
All right, freaks! Listen up! The word PENTAGON has two (2) meanings!
- 1. A five (5) sided plane figure, the five (5) internal angles of which total five hundred and forty degrees (540°)
- 2. The building located in Arlington, VA, containing the principle HQ of the United States Department of Defence - you goldbricks think you can figure which is which? I heard that, Jenkins. Drop and give me twenty.
Do not confuse a pentagon with a pentagram or pentacle. Pentagrams are for heavy metal deviants and little sissy goth boys while pentacles are for hippies. If I see any of you ugly dogfaces playing with either of these, I'll have you tossed out of the service, and you can go back to playing tea-parties with your dolls in your little pink cubby houses, you got that?
Geometric Pentagons
'Ten-hut! We will now learn to field strip, clean and reassemble a standard, Army issue Euclidian Pentagon.
First, carefully unscrew the wingnuts holding the upper left hand line, using a counterclockwise motion. COUNTERCLOCKWISE, Johanssen! Oposite to the way Mickey's big hand goes!
With this line gone, you will find that the lower left hand line snaps out, allowing you to grab the bottom... Did I say something fucking funny, Rodruiguez? Huh? Do I look like a commedian? Did I borrow some of your lipstick to paint on a fucking clown smile? Drop and gimme fifty. Fucking candy ass college boy.
Once the bottom has been cracked, the righthand lines may be detached by means of a standard army issue lugwrench.
Get used to this ladies. Tomorrow, you're going to do it blindfolded.
Architectural Pentagons
Okay, listen up, I'm only going through this once and I'm asking questions at the end - that includes you, Kraustreddler!
Pentagons are special magical high-gods of the Shape-World where everybody has a slave paint bucket.
The Pentagon (also known as The Pictogon) was built during World War III - yes, Ishmael, the one with Hitler - prior to that, the United States War Office was based in a series of temporary structures. Initially, they were based in a secret location in caves beneath a mountain; then in a satellite orbiting the Earth, them in a bunker in Detroit, then in a series of embassies around the world, then in a commandeered alien vessel and finally in a watchtower on the surface of the moon. None of these proved adequate.
Then during World War III, FDR - the GOOD Democrat - initiated construction of an building of six point six million (6, 600, 000) square feet. The Nazis were unable to match this feat of American Engineering! The Nazi architect - or should I say Rechitect! - Albert Speer attempted to best the Pentagon with a gigantic Platonic solid called the octahedron, but this was only partially complete when the USA won the war single handed, and especially without any help from the Soviets.
Speaking of the Soviets, at the height of the Cold War, the Reds wanted to build a military HQ of their own in a Kepler-Poinsot solid, tentatively titled the People's Great Icosahedron - Weintraub! Do you even know what a Kepler-Poinsot solid is, you pitiful excuse for a US Marine? Huh? You call that a mathematical definition? A Kepler-Poinsot solid is a regular non-convex polyhedron, all the faces of which are identical regular polygons and which has the same number of faces meeting at all its vertices! You're on KP for a month, you worthless maggot! Maybe some study of the external topography of potatoes will teach you some respect for regular polyhedra!
Attempts to one-up on the Pentagon continued into the 1970s all over the world, but all attempts to do so ended in bankruptcy. Then President Gerald Ford smartly suggested an Archimedian solid to the recently resurrected architect Frank Lloyd Wright. In 1979 the Rhombicuboctahedron was built in Puerto Rico, despite all attempts by President Jimmy Carter to halt construction. Who's Jimmy Carter, O'Davis? That's right, the retarded Democrat. It was used briefly for the purpose of supporting the Afghan rebellion against the Soviet Union, but the building was taken over by Al Qaeda from within in 1980, and so no longer qualifies as an impressive geometric war HQ, as it is now nothing but a terrorist hive. However, with Obama in the White House we may now have a chance to attack and reclaim our HQ... Only to have to give it back to Cuba.
The rest of you, dismissed!
What's that Floondekker? I missed 9/11? I did not miss it, you good for nothing faggot! Oh, you actually are gay are you? Sorry, that was insensitive of me. Where was I... I did not miss it, you goddamned butch breeder! (Was that better? Good.) I deliberately skipped over it. You see, we in the USA are a forward looking people! We do not dwell in the tragedies of the past - we actively work to create the tragedies of the future! Remember the Marine Corps motto - "If you remember the mistakes of the past, the terrorists have already won."
Now drop and give me fifty.
|Parts of this article were originally sporked from Wikipedia:Wikipedia:Kepler-Poinsot_solid.


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False Negitives On Home Test?
I stopped taking my birth control about a month and a half ago and was just ovulating 1/16/12. I have symptoms of pregnancy: Mood Swings, Nausea, Fatigue, Bloating, Nipple Tenderness, Abdominal Pain, White/Milky Discharge, Feel "Off" but i took a CVS early pregnancy test last night (2am) and then in the morning (10am) but both tests were negitive. I don't know if it's too early to tell or if i'm just imagining that i'm pregnant.
Posted: 01/22/2013 by Writergirl127
Mom Answers
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You may be pregnant wait til after your expected period and take a test.posted 01/22/2013 by advice4ttc2013121110
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German Fulbright Alumni PowWow: Shaping A Changing World
The 25th anniversary "PowWow" of the German Fulbright Alumni Association took place last month in Berlin.
The conference focused on developments in transatlantic relations over the past 25 years, with topics ranging from politics, economy, technology, education, and just about everything in between.
The key dialog about transatlantic relations from 1986-2011 between SPD politician Karsten Voigt and American diplomat John C. Kornblum opened the PowWow by discussing the relationship between Germany and the US from both from national and global perspectives.
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Service in Afghanistan exemplifies career of local Guardsman
Monday, March 5, 2012
Many individuals can identify specific points within their careers that serve as justification for the time invested in pursuit of their chosen profession.
In the case of Command Sgt. Maj. Jim Schulte, service in Afghanistan while training a fledgling army and a new breed of farmers was the capstone to an already successful career.
Schulte began his extensive military career in 1970 when he enlisted in the Army Reserve shortly after his graduation from Hazelwood High School near St. Louis.
"I came from a very patriotic family that believed everyone should serve this nation," Schulte said.
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Iftekharuddin new IGP prisons
Brigadier General Syed Iftekharuddin has been appointed as Inspector General of Police (Prisons) on deputation. Public administration ministry on Wednesday issued an order mentioning the date on December 10 in this regard.
Brigadier General Syed Iftkhar Uddin has been made new Inspector General of Prisons.
Public administration ministry on Wednesday issued an order mentioning the date on December 10 in this regard.
The move was made only seven days after appointing Mainuddin Khandaker, additional secretary of the home ministry as the Inspector General of Prisons.
Mainuddin Khandaker was given the charge of IG Prison on December 5. He was given the charge of the office by an order of the home ministry.
Earlier, the post was vacant since the contract with previous IG Prison Ashraful Islam Khan expired on November 17.
The public administration ministry order said, Brigadier General Syed Iftkhar Uddin, who was the director of the Central Medical Store Department under the health and family welfare ministry on deputation, has been placed under home ministry to appoint him as IG Prisons.
While communicated with Mainuddin Khandaker on Wednesday, said he is unaware about the new order yet.
Source: Dhaka Tribune
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May 4, 2016
Monday, January 3, 2011
LOS ANGELES (AP) -- Actress Anne Francis, who was the love interest in the 1950s science-fiction classic "Forbidden Planet" and later was sexy private eye in "Honey West" on TV has died at age 80 in California.
Funeral director Bill Guntle in Santa Barbara says Francis died Sunday of natural causes at a local nursing home. Her daughter, Jane Uemura, tells the Los Angeles Times that Francis died from complications of pancreatic cancer.
Francis, a famous beauty of the time, had a childhood career in radio and TV and on Broadway before turning to movies. In later years she returned to television, appearing in dozens of series. In "Honey West," which aired from 1965 to 1966, she played a female James Bond who kept a pet ocelot.
(Copyright 2011 by The Associated Press. All Rights Reserved.)
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"...a pilgrimage across northern Spain to the sanctuary at Santiago de Compostela, is the finest journey in Spain and one of the two or three best in the world." So wrote James Michner in his monumental book on Spain, Iberia.
For a thousand years, since the bones of Saint James were reputedly discovered in Santiago, common people, bishops, priests, kings, popes and saints have made this famous pilgrimage. Our bicycle tour will echo their footsteps following the first guide book ever written, by a monk in the 12th century, the Codex Calixtinus.
Our guided journey starts at the one-time capital of Spain and one of its most beautiful cities, Leon. From there we follow the ancient Camino Francés pilgrimage route across the beautiful unspoiled north of Spain passing countless pilgrim stops, steeped in wonders and miracles, along the way. As we approach Santiago, the scenery changes to the verdant slendour of Galicia.
Our lodgings include luxurious monasteries, ancient pilgrim inns and small hotels. Dine in restaurants, famous for their regional cuisine and atmosphere, serving up regional specialties you simply can't find elsewhere.
Léon to Astorga - Ride of 61km / 38m
Astorga to Cacabelos - Ride of 74km / 46m
Cacabelos to O Cebreiro - Ride of 43km / 27m
O Cebreiro to Portomarín - Ride of 70km / 43m
Portomarín to Arzua - Ride of 62km / 28m
Arzua to Santiago - Ride of 50km / 30m
|No Dates Came yet
|Single Supplement:
|7 NIGHTS/8 DAYS (Pick up in Léon)
|Bicycle Hire, all breakfasts, 5 dinners w/ wine+ more
|Mountain lodge, Luxury Hotel, Elegant B&B, Rural Hotels
|Daily Mileage:
|60km / 37miles
|Activity Level:
|Tour Interests:
|St James, Pilgrimage, Romanesque architecture, Wine
Just fill in your details below and we will email you a fully comprehensive itinerary and route for this trip.
You have done it again. The Camino trip was most challenging at the same time very "relaxing"... You and Maggie made the evenings so much fun. CTTC really has a knack.
Elaine Li
VA, Canada


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I am a Licensed Clinical Social Worker in private practice. My goal is to provide affordable counseling in an informal, friendly and confidential atmosphere–to create a safe place to talk about any concern–including topics such as stress, worry, sadness, loss, relationship difficulties, adjustment challenges, troublesome behavior patterns, life crises or trauma experiences.
There are many good reasons to seek counseling or therapeutic services. Some people seek help because they need a neutral sounding board. Others feel stuck or face issues that interfere with their ability to feel happy and productive. Still others may need more comprehensive services. I believe in helping through a compassionate, strengths-based approach so that individuals can find solutions to their problems and develop a deeper understanding of themselves.
About Me:
I have been in the mental health field for almost 20 years. I received my Masters degree from Simmons College Graduate School of Social Work in 1999 in Boston, MA. I have experience working with at risk adolescents and their families, child and adult survivors of sexual assault and abuse, foster families, parents with young children, college students, those in a caregiver role, and adults of all ages. I have experience and training in a variety of treatment techniques including play therapy. In Madison, I have helped develop a program with the American Red Cross and William S. Middleton Memorial Veterans Hospital to support Veterans awaiting organ transplants.


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Wednesday Apr 20 2011
Two busted in crime spree face court
By: Gus Thomson, Journal Staff Writer
Friend calls Adrian "great kid"
The man in the mugshot is not the John Adrian that an Auburn woman says she knows. Adrian is one of two suspects in a three-day crime spree covering Placer, Nevada and Yuba counties that included two armed carjackings in North Auburn and a crowbar assault that seriously injured an 81-year-old Penn Valley man. Amanda Standridge, 23, said Wednesday that she was shocked when she heard Adrian was in custody on a string of serious allegations. "Why would he do that?" Standridge said. "It completely amazes me. I had no idea this was going to happen. He's not like that. He's a great kid." Standridge said that she has known Adrian for about a year. He'd been in a sober house in Auburn but was recently kicked out and didn't have a place to live, she said. The two met up Sunday, went to Nevada Street's Bayside Church in the morning after sharing a cigarette and then had lunch at Elm Avenue's Round Table Pizza before Standridge picked up a prescription. Near the CVS pharmacy, Standridge said she and Adrian met three of his friends and he left with them. "One just got out of jail and they were gangster types," she said. "I was kind of worried about him. Now it feels like I've lost a friend." Adrian and 22-year-old Dillon James McMahon were arrested in Yuba County late Monday after a high-speed chase. They made their first court appearance Wednesday in North Auburn's Placer County Jail. Judge Frances Kearney ordered the two to remain in custody on a no-bail hold and appear again for arraignment Thursday morning. McMahon is being charged with two counts of kidnapping and two counts of carjacking. All counts are felonies and come with an allegation of being armed with a gun during the offenses. So far, Adrian is charged with one count of carjacking in connection with Monday's robbery and one count of criminal conspiracy. The Penn Valley assault took place in Nevada County and all charges have not been filed, however. Nevada County authorities reported McMahon and Adrian face attempted murder charges, in connection with the assault on 81-year-old James Wright. Wright came to the door and when he refused to give money to two men, was beaten over the head with a crowbar, Nevada County Undersheriff Richard Kimball said. Placer County authorities allege McMahon used a gun to carjack a vehicle in North Auburn on Saturday and then dumped the car in the Regional Park pond the next morning. McMahon and Adrian are also accused of carjacking a car Monday from a 51-year-old woman in front of North Auburn's Regional Park. Adrian is listed by law enforcement as a Colfax resident while McMahon is from Roseville. But Standridge said Adrian lived with his mother and grandparents in Newcastle after moving to the area from Southern California. He has been homeless off and on over the past year in the Auburn area, she said.