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In the year 2011, the impossible has just happened: We're actually hearing an album for the first time on the day it's released. It's a testament to just how much Jay-Z and Kanye West run this shit that Watch the Throne, one of the year's most anticipated albums, never leaked in full in advance–somehow, the album's twelve songs (minus lead single "Otis," which saw official release a few weeks ago) have remained under lock and key until today, when the album was made available for download on iTunes. Nevertheless, it is finally here, and now that we've given it a couple spins, we feel qualified to share our thoughts on the year's biggest collaborative project with you. Stay tuned to Popdust as we review each of the album's dozen tracks, starting from the beginning…
Track 1: "No Church in the Wild" Featuring Frank Ocean
Sounds Like: One of the darker tracks on Kanye's 808s & Heartbreak album, complete with a 16-bar verse of cartoonishly auto-tuned crooning. Occasional animal sounds ("the wild") augment a growling bass line, choppy synths and a pounding drum track, with golden-throated Odd Future lieutenant Frank Ocean showing up to sing the hook.
Pros: It's damn foreboding for an opener, impressively tense and fairly exciting. Jay sets things off at an appropriately grandiose level with his "Tears on the mausoleum floor / Blood stains the coliseum doors" opening couplet, and Kanye taking the imagery to the next level with his introduction, "Coke on her black skin made a stripe like a Zebra / I call that Jungle Fever." It's one of the album's most purely cinematic tracks, its menacing throb sounding like the perfect prelude to a big action scene, or a creepy soundtrack to a particularly ill-advised sex scene.
Cons: All involved go a little thick with the religious imagery at points, resulting in awkward lyrical moments like "Your love is my scripture / Let me into your encryption" and "Is Pious pious cause God loves pious?"
Definitive Self-Aggrandizing Lyric: "Jesus was a carpenter, 'Yeezy laid beats / Hov spit that Holy Ghost, get the hell up out your seats."
Song Winner: Kanye, for the "jungle fever" couplet and the more-with-less party/hangover summation: "Sunglasses and Advil / Last night was mad real."
[starreview tpl=16]


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Here at Dressing Your Truth, we're celebrating Mother's Day with a mother-daughter makeover.
Three daughters, actually!
We received these amazing photos just one year ago. And I love to see how Dressing Your Truth took Kimberly from an obviously beautiful and put-together mother to expressing her totally amazing bright, animated self.
Even better, I am touched that this program empowered even Kimberly's young daughters to understand their natural beauty and embrace it. Take a look…
Here's what they had to say…
Kimberly, Type 1/4, Bright & animated MOM!
"Oh Carol, I am thankful everyday for the wonderful gift of DYT! It is the best parenting advice I have ever been given! I have 3 gorgeous girls and I love that we appreciate each others' gifts and beauty so much more since learning our truths. I am a happier mom and wife and I can dance around and have a party every day with my darlings and it is OK!!!!! Shopping is so fun for us! We redo old clothes and shoes together and we love every moment! Thank you, Thank you!"
Makayla, Type 2/1, Soft & subtle daughter
"DYT has helped me overcome embarrassing moments. One of them is when I am not dressing my truth and people stare at me! My mom dressed me in a bright purple shirt with a tutu at the bottom. It was terrible! DYT has really been helpful. I feel beautiful and wonderful to be dressing my truth. Thank you for spreading your idea Carol!"
Charity, Type 3/2, Rich & dynamic daughter
"I love DYT! And I am Type 3! I love DYT because I look awesome! It is the best thing, I look like a Hot Lion when I look in the mirror! Best of all I get to wear a belt everyday and it is HOT. I am beautiful! Thank you Carol, you are type 3 too! Bye!"
Liberty May, Type 1/4, Bright & animated daughter
"I was crying in my before picture, because I was wearing gray! But now that dress is cut up and made into a beautiful bow for my Type 2 Sis! I love DYT!"
We're so grateful that Kimberly shared her family's amazing Dressing Your Truth transformation with us. What do you think of their makeovers? Please share a positive comment for this beautiful mother and her daughters.

subset: commoncrawl


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Two weeks of high quality images from a 2007 visit to Chobe Reserve in Botswana.
Buddy first learned photography in college with traditional darkroom techniquesin the the 70's. Work and family got in the way of his photography until recently. The kids have flown the coop and the digital age arived for Buddy in the 2004. Since then, I have worked to improve my technique and develop the requisit photoshop skills.
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This Is Africa Publicado 18 de mayo de 2015
This or That? The Photographer's Challenge Publicado 16 de octubre de 2012
Into Africa - 2007 Visit to Botswana Publicado 27 de enero de 2008
A Day at the (Lion) Park Publicado 15 de diciembre de 2007


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I don't expect much form the internet.
As a totally current and informed gamer, I know my opinion to be not only valid but taken as solid-gold fact by the many people that don't care as much as I do. And brother, believe me, no one cares as much as this guy–me.
So when I see problems arisen in the industry of gaming which I love, I feel provoked to intervene in the only way that I know how, and thats by spreading the healing powers of my devastating truth to the uninformed loosers I see complaining on a regular base.
See they don't appreciate the video games as much as I do. Theres a reason I have so many posts in the forums and points in my gamerscore and tattoos of Master Cheif and a Dongdongo on my arms and a clever t-shirt in my closet that says "blow me" with a NES cart on the front–its because I care, because I've put my time in, and because I know what the hell I'm talking about when I say that the PS3 version of BLOPS and the new emo Dante and the control stick thing on the 3DS all suck a donkeys penis. You can count on it, because it was me that said those things.
Don't get me wrong hear: I love video games probably more than anything. But it straight up infuriates me when I see all sort of changes being made to suit a new casual audience. Developers hafta realize that there better off making games good and hard and cool like they did with Starcraft 64 or Vice City or Madden 07. All you see now a days is a flood of games made for an undeserving group of people–seriously if I see another game with pinatas or pikmans or dolls inside of other dolls inside of third dolls that fart, I'm gonna put my SNES in the ground and hold a funeral for hardcore gaming. This industry was built open the backs of dedicated gamers that expect the most out of a game when we gotta lay down $60 dollars for it. Basically, they should make more 9s and 10s, instead of the lousy 7s and 8s we get shafted with these days.
Speaking of which, I feel it is my duty as a independent and qualified critique of the games industry to call for and end to the injustices in game reviews. Half of the stuff I read these days is "meaning" this and "experience" that and words all over the page that aren't telling me about twelve different ways I can kick a dudes ass or how it's awesome like I knew it'd be ever since I saw that trailer and it looked pretty dope. I feel like we're on a slippery slope when it comes down to reviews. When [GAME] came out and the fans wanted 10s and shit and all the reviews gave was a buncha 9s and I think maybe a 10, nobody complained enough. That's the problem, nobody holds these people responsible when they totally have a fuck up of massive porportions, and also there writing is weak. You'd think that they'd maybe fire that guy or make him review Wii stuff for awhile. But no, once agian, they get to say whatever ballsey slander and liable they want about a game, even when it deserves a better score and us as fans and consumers know it. At least with the internet and comments and blogs and such we can object to their tearany, and give a game the score it actually deserves without a mess of meaningless words getting in the way.
Because we're a powerful, adaptable, respectful community with a rich culture, and we know what it is that real gamers want. Things that really make a game good, and memorable, like a bitchin multiplayer mode I can play when the campaign blows. I maybe woulda of played more Super Mario: Galaxy 2 than I did if it had real online modes–it didn't, as I found out, which made it like a 7 in my book but they gave it 10s anyways because it's Mario. Hopefully, the MP rumors will be true for Mass Effect 3 and Batman 2, cause that would make me actually looking forward to when they come out. Anyways, another thing games need is better crafted romance scenes but I don't actually mean romance–I mean "romance". Like when that girl from Heavy Rain got actual naked and you could see it. It was a glitch I think but it wouldn't be a glitch when they put it into the games for real. I'm not a massagenist or anything, I just think that if movies can have serious, meaningful scenes of banging and have that be okay than why can't there be more hot sex and sex-related content in my video games. Its what alot of gamers such as me want, so Microsoft and Sony and them would be wise to bring the sexy (probably not Nintendo though, they'd just mess it up).
Above: Romance.
And it's not like they can't bring some dudes once in a while to apease the chick gamers out there (email me). Heck, weve already gotten some in Marcus and Dom and Wolverine and James Bond and Samus right? So it's not like their needs aren't being represented in that sense. Personally, I think girl gamers have it pretty good these days, what with the Frag Dolls and the girl on G4 and Bayonetta and what not. It used to be that girl gamers didn't exist but then Guitar Hero and Nintendogs and Farmville came out and we finally hooked them into playing with us real gamers. Now when I see a player online and think maybe shes a girl I'll say "Hey, are you are girl? so I can congratulate her for playing on her own and ask to be Live friends. It's a empowering time for that other gender, and I'm glad to be part of it. But that's what I do as a hardcore gamer. It's right there in the word: hard-core–my gaming core is hard from the years of gaming I did, but it also cares about things like helping possible girls.
Being hardcore–let's revisit that for just a moment–being that means I'm compelled to represent myself as such, whether by staying up all night giving noobs the business for literal hours or by taking part in a heated, controversial, multi-thread throwdown over the tone of the latest SOCOM trailer, or by writing a third and fourth letter to the editor in chief of Nintendo Power demanding that he bring back Howard & Nester and fire Alan the slime, if he's still there. I'm just saying, there are issues I as a hardcore individual need to attend to on a regular basis that lower level "participants, with their Animal Crossings and Angry Birds and Mario Paints, just arent going to worry about. And what about N4G, the boiling lifeblood of any self-respecting hardcore gamer–without that fool-proof temperature system thing, how'd anyone ever know about "gaming's best attractive broads" or how you can get that uptight girl of yours into gaming (bless her heart), or why two PS3s and a 32X taped together still couldn't beat a 360.
Really though, it's important for every gamer to note there systems place on the ladder of picture graphics rendering betterness. Being able to make beautiful, life-like worlds wherein I may live and breath and play multiplayer is really the only thing that matters in this day and age, and gamers such as myself feel, rightfully, insulted and betrayed when complete and utter graphical parity is not given to us on each console. If we don't hold developers and ourselves accountable by bitching and carping and comparing screenshots, then the fight is already lost, and if we don't want to revert back to the stone ages of video game visuals–do you remember how blurry and stiff faces were on the PS2?–its a fight we need to wage without mercy.
Above: No. Mercy.
And really, once we can measure and compare the graphical penae of our systems, we can truly understand the complicated mechanics behind the success of one over another and declare a winner. Some might see that as a barberic mindset, but to us gamers everything is a balls-to-the-wall, face-to-the-grindstone, kick-to-the-beanbag competition, and this is just a necessary blood sport to determine the worthiness of our sleek, shiny (sometimes matte) boxes. Its been that way since ever, and everyone in the industry has to chose a side to survive. And its not about feeling the need to justify the purchase of a system (anyone who says that probably has a PS3), or our own human insecurities–it's about being straight up better than the competition and proving it with lotsa numbers. Hardcore numbers.
But when numbers alone can't get the job done, we gamers use the binding, unifying embrace of the internet to carry our high-level discorse and sophisticated gravitas. Our enthusiasm and fevrer are often cause for people to label us fanboys–but what is a fanboy? He (or she. That would be hot.) is the habringer of the hardcore, a voice for the truly dedicated and the truly knowledgeable: a patriot of gaming. Fanboys promote civil, democratic debate, like the Greeks or the Romans did, I think, and without them carrying the flag on the frontlines–because they are our brave, anonymous warriors–we'd all just be subject to our own opinions, and never see the actual way things are or should be. God bless 'em for there sutblety and enlightenment in these biased, biased times…
I don't know were we went wrong with impartiality in this wonderful industry, but I for one wish it will return to us one day that we may have some honesty and clarity. I know the phrase "games journalism" is all the hip and trend now a days, but if the numbers I see when I scroll to the bottom of reviews are actually what they apear to be, then this must be the bastard child of the bastard child of the real, honest-to-goodness journalism. Now, I'm not one to point fingers and stir the pot while playing the blame game, but we as gamers deserve better from the phony hacks knuckling their keyboards and deceiving us in exchange for fat, fat sacks and briefcases of corprorate cash. How dare they let any personal experiences and related anecdotes and analysis invade the cut and dryed report on a game we are due. When a "writer" types anything thats not copied verbatim from the back of the game box or a PR statement between the title of the game in the headline and the score it is rightfully due at the bottom, he crosses a moral and ethical boundary, beyond which there is no accountability and these is no fairness and there is no hope and right and wrong have procreated and produced an ambomination of a spawn and there is no turning back because across that boundary is BIAS.
But it's like I said, I don't expect much from the intrernet.


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Happy Thanksgiving! What are you doing at work? Don't you know how to play hooky? 🙂
It always amazes me how quickly the year comes to a close. Time really flies and we need to make the best of our time on Earth. Anyway, it's going to be a short one today because I'm sure a ton of people already took off for the holidays.
Here are your missions for Thanksgiving, if you choose to accept them.
1) Cook
Cooking can be a chore sometimes, but it can be a lot of fun when trying new recipes. This is especially true on Thanksgiving. We rarely cook Thanksgiving-type dishes at home and this gives us a chance to go all out for the holiday. Even if you're not having Thanksgiving at home, you can bring some food to the party. Here is what we're planning this year. I'm cooking the lamb and Mrs. RB40 is in charge of side dishes and desserts.
- Braised lamb shanks
- Creamy Brussels sprouts
- Oyster stuffing
- Beluga lentils
- Need to decide between sour cream apple pie or butternut squash pudding
Thanksgiving has a unique aroma and it's even better when you are cooking in the kitchen. If you don't know how to cook, then this year is a chance to learn how to make a few things. Really, it's a lot of fun.
2) Overeat
Mission 2 is to eat as much as you can and then go back for at least 2 more helpings. Thanksgiving is the only time of the year when we have a free pass on overeating, so let's enjoy the results of our hard work in the kitchen. Our little guy is way too skinny and we'll try our best to plump him up this Thanksgiving.
3) Watch TV, read books, and/or play games
Ahh… We also get a free pass to goof off on Thanksgiving! You can pick your own favorite activities here. We'll probably watch the Macy's Thanksgiving Day Parade on TV and read some more books this year. I can't wait until RB40 Jr. can play board games. All our games are gathering dust in the closet right now. It would be great to play Ticket to Ride and Carcassonne again.
4) Pass out on your favorite napping spot
As we all know, turkey is very conducive to napping. I have been sleep deprived lately because I blog at night and it will be great to catch up on some Zzzzs. I'm sure we'll pass out under our kotatsu table. BTW, that was one of the best purchases we've ever made. It's so cozy and comfortable in the winter.
5) Don't go shopping unless you really need to
You really should just enjoy Thanksgiving with family and friends and avoid shopping on Thursday. All the retailers are going nuts this year because of the shortened shopping season, but you don't have to get caught up in it. We will be hunkering down at home on Thursday and enjoying the warm cozy radiant heat from the oven. Mrs. RB40 might go out for an hour on Friday, but we'll see if she can really get up that early. The boys will be sleeping in on Friday.
Have a great Thanksgiving everyone! What's your plan this year?


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You won't recognize Colin Jost's name as a cast member on "Saturday Night Live" because Jost has been working behind the scenes as the show's head writer since 2012 after joining the writing staff in 2005. NBC announced today Jost will co-anchor "Weekend Update" along with Cecily Strong who was brought on in September.
As the show's longest recurring sketch, "Weekend Update" has popularized catchphrases from original anchor Chevy Chase's greeting, "Im Chevy Chase… and you're not," and Dennis Miller's "Good evening and what can I tell ya?" To the sign off most used through the years by various anchors including Tina Fey, "Good night and have a pleasant tomorrow."
Jost and Strong will share the update desk delivering a lampoon of current events and a new mantra perhaps beginning March 1. Get to know Colin before his SNL anchor debut by following him on Twitter @TheColinJost and check out the video above of his stand-up performance last year on "Late Night with Jimmy Fallon."
Seth Meyers' long run with "Saturday Night Live" comes to an end following the Feb. 1 episode where he will take over as host of "Late Night" on Feb. 24 after Jimmy Fallon exits for the "Tonight Show."


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Results tagged ' Terry Ryan '
Mr. Terry Ryan, Ladies and Gentlemen…
Well, once again Terry Ryan seems to have made another shrewd move in trying to re-tool a somewhat lost franchise.
Ryan Doumit (formerly of the Pittsburgh Pirates) was brought in to back-up Joe Mauer in 2012. As we all know, that gig means catching noon "getaway" days as a given, as well as perhaps being thrust into a starting role should Mauer succumb to injury again.
After seeing Drew Butera & Rene Rivera make Tim "Buck Ninety" Laudner seem like a batting champion, Ryan realized that a backstop with a good combination of defense and pop in the bat is a must on this club.
Doumit has hit .271 in seven seasons with the Pirates, including an OPS of .777. Nothing all-star worthy, but better than what we've got behind Joe now. Plus, Doumit (from what I have read) seems like a real "gamer" who will quickly buy into Gardy's (hopefully) increased work on fundamentals and become a team leader. Plus, Ryan can play a little outfield and first base if needed.
Again, Terry Ryan rubs a little salve on the wounds in hopes of healing their roots.
What Went Wrong
After the season ended, I had planned on doing a position-by-position look at the Twins to examine what exactly went wrong that sent a 94-win team (2010) to a 99-loss squad (2011). However, with the recent front office move of swapping Bill Smith for Terry Ryan (again), it seems as if three key categories came into play during the '11 season that really just doomed the Twins from the start.
First, from a tactical perspective, the injuries were horrific…
When half (or more) of your starting team is injured for half (or more) of the season, the plan you put in place all of last offseason was pretty much shot in the foot before it ever had a chance to walk. Whether bad luck, bad conditioning, or bad "mental toughness" (to quote Mike Tice), the team was limping off the field all season long.
Also, the depletion of the bullpen was another crippling tactical shortcoming…
I realize that the money got too much to retain our key bullpen horses, but in the end the lack of any steady relief help came back to bite the team perhaps more than anyone thought possible.
Second, beyond the tactical stuff, was the inability of our "core group" (outside of Cuddyer, of course) to produce.
Mauer & Morneau needed to get back to this…
But instead they barely played two weeks of the season in the same lineup.
Then, the "solid five" (Baker, Blackburn, Liriano, Perkins, Slowey) starters that we envisioned a few years ago have never (and probably never will) produced to their expectations…
Liriano is an enigma, Slowey is in the doghouse, Baker is failed potential personified, Blackburn is a rollercoaster, and Perkins is now a reliever (and one who has injury troubles at that).
Finally, the final area that really killed the Twins last year was a step away from their tried-and-true organizational philosophy of hoarding draft picks, developing talent, throwing strikes, and playing solid, fundamental baseball (especially defense).
When Nick Punto left in the offseason and ended up winning a ring with the Cardinals…
It signaled a shift from playing "Twins baseball" towards "going all-in to win now".
Perhaps this was a difference in philosophy between two GMS…
But clearly, the team got away from the "fundamentals". The defense was rot, the pitchers walked more batters than ever, and the whole foundation collapsed.
-Amazingly enough, Terry Ryan's first move on his second go-'round as GM impressed the heck out of me, signing Jamey Carroll to play shortstop in '12…
From what I hear/read, Carroll can play solid defense, handle the bat, stay in the lineup, and get on base a little bit…nothing our middle infielders did in '11. Carroll is not a long-term solution by any means, but he adds stability to a team desperate for it right now.
Paying The Piper
We sports fans are a fickle lot most of the time. For the last few years, Twins fans were ALWAYS badgering GM's (either Ryan or Smith) to sign more players to help us win. Since the pitching seemed solid, a lock of hitters was always our "dire" need.
Well, we brought in guys like Delmon Young, Orlando Hudson, JJ Hardy, and Jim Thome to help the offense. Plus, we signed out "Mantle & Marris"…
Well, those offensive players (for a variety of reasons) never really paid off, and "M&M" have been too hurt to meet the return on investment.
Thus, part of the reason for this season spiralling into disaster has been an inability to patch holes like we have done in the past. The bullpen guys got too pricey, the starters all regressed or never hit their potential, and all the hitters got hurt. ALL…OF…THEM.
So, we are now realizing (as we did in the 1990s) that we still can't quite spend with the big boys on the coasts…even with a new stadium. The time to pay the piper has come, and that time is now.
-Twins get swept by lowly Orioles at home.
-Liriano goes on the DL (Scott Diamond will take his place).
-Kubel is claimed off waivers (though no deal yet) by the White Sox.
-Same story as above for Jim Thome & the Indians.
Preview (55-75, 4th, 9.0 GB CWS): Rick Porcello (11-8, 5.17) vs. Scott Diamond (0-1, 4.26)


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kin meets
Stephen Chan
How did you get started in the creative sector?
Having graduated from product design, (but wanting to pursue the Graphic / Media area of design more) I entered many work placements to build up all the basic graphics skills and processes from scratch.
I helped out in several areas of design, then naturally fell in to / developed more, the graphics / illustration based side of design. Wanting to focus more on developing and improving my illustrations, and having the freedom to make my own decisions, I decided to pursue a freelance career.
What makes you unique?
My work is mostly character driven, and often involves large, isometric detailed landscapes and scenery. I try to put my own spin on the isometric style, because illustrators like eboy and Rod Hunt have already established themselves at the top with this style, so it's hard to stand out.
I like to mix in more organic shapes, like clouds and smoke, or soften the sharp edges of the vectors with textures and rounded objects sometimes. And because most of my work is usually screen printed, the colour palette is very simple. I also like to create patterns from time to time, if the appropriate project and idea form in that way.
What has been your most exciting project / biggest challenge / biggest achievement to date?
My illustrations were used as the main branding for the Metropolis themed Tiger Translate events around several countries in Asia 2010/12 and a limited edition Tiger Beer bottle wrap. It was on a variety of online media, printed media, t-shirts, back drops, and heavily publicised in several design magazines and newspapers.
Have you collaborated with any other Liverpool Based creatives? On what project / Why?
When I first left university, (many years ago) I did placements and helped out at quite a few Liverpool based design studios, from Smiling Wolf, Sparkle Media, and lastly Splinter, who took me in as a Junior graphic designer / illustrator.
I still work quite closely with Splinter, providing graphics and illustration services on several projects, including a BBC project, which I'm helping out with on infographics.
I also have a really good relationship with a local web design and app development agency, 3BYTE who I share the office with, sharing and developing ideas regularly.
Where do you see yourself in ten years?
It's really difficult to say right now, as Illustration is such a flexible skill, being applicable to most creative areas, from print (packaging, posters, apparel, etc) to digital (games, apps, animation, etc).
I do have a dream of opening a gallery / studio / shop / café to provide a space for all the creative friends I've made through the years, and hold exhibitions and shows that I would like to attend. I do have a long list of targets written down, that I hope I can complete by then.
What projects are on the horizon?
Many, many, many exciting projects slowly being conjured up this year. One of the collectives that I'm involved with, Brothers of the Stripe will be participating at Pick Me Up, the UK's first annual contemporary graphic art fair 2013. There's a possibility that I'll be having my first Solo exhibition at this years Hong Kong Art Fair… and if I have time, I should be collaborating on some animations with a local Aftereffects expert, and game designs with 3Byte.
Where do you get your inspiration from?
I don't have many hobbies other than Art and design, so anime and movies are where my inspiration stems mostly.
I think nature, objects and things that you didn't really notice, (or that didn't really have any effect on you before) can suddenly inspire a great idea. It depends on the current project you're working on, and current frame of mind.
Lastly, maybe talking to and listening to other artists and friends. Learning from each others experiences and knowledge. Sharing ideas and developing them, to see things from a different perspective.
Do you think Liverpool is a good city to do business in? Why/why not?
I've been really lucky, coming right out of university and meeting many friendly and creative people. Since becoming the European Capital of Culture in 2008, Liverpool has rapidly grown as a city and a creative hub, and I'm excited to see how things evolve, especially with developments like the Baltic Creative popping up.
Photography by Craig Magee.


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To admonish is to scold. If you want to show someone you're not happy with his behavior, admonish him. It sounds better than "scolding," and it's less painful than spanking.
Coming to English through Old French from the Latin admonere "to advise, remind," admonish is always used with an eye on improving someone's behavior. The exact meaning of this formal verb varies in intensity depending generally on who is being corrected. If a child or subordinate is being admonished, it means "scold" or "rebuke" whereas if someone admonishes a person with equal standing, warn or advise are closer synonyms.
Definitions of admonish
v take to task
"He admonished the child for his bad behavior"
- Synonyms:
- reprove
- Type of:
criticise, criticize, knock, pick apart
find fault with; express criticism of; point out real or perceived flaws


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Although the Conserving the Future: Wildlife Refuges and the Next Generation vision process continues on into July 2011, this Earth Day (April 22) marked the closing of the 60-day public comment period for the U.S. Fish and Wildlife Service's draft document offering a 10-year vision for the National Wildlife Refuge System.
A very big thank you to Service employees, Friends, partners and concerned citizens for sharing your response to the draft document and giving your vision for the future of wildlife conservation and the Refuge System. We have no way of counting the number of conversations about the draft vision that took place across the country. We are happy to report, however, that to date more than 23,380 visitors have gone to AmericasWildlife.org website, generating over 11,000 comments and bold ideas.
The Refuge System is sure to benefit from the careful consideration and active involvement of so many enthusiastic supporters. With the close of the comment period, the Service launched its comprehensive review and analysis of all submitted comments and bold ideas. The observations and suggestions you provided will help inform a revised Refuge System vision document, which will be posted on Americaswildlife.org in mid-June for consideration and adoption in July.
Meanwhile, your vital role in shaping the future of the National Wildlife Refuge System continues, and the AmericasWildlife.org website provides several ways for you to be involved in the process. Join the on-line book club, Wild Read. Help promote the on-line greening initiatives. Promote the youth multi-media contest. Carry on a dialogue about protecting wildlife and their habitat. Equally important, get the latest updates about the Conserving the Future conference July 11-14 and how you can register for the on-line conference activities.
We need your involvement in ratifying a vision document, and soon we'll be asking your ideas for implementation of the vision!
Evan Hirsche, President, National Wildlife Refuge Association


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Nonfatal injuries and illnesses in State and local government industries, 2008
March 03, 2011
Local government workers as a whole experienced injuries and illnesses at a much higher rate than their State government counterparts—7.0 cases per 100 full-time workers compared with 4.7 cases.
Workers in local government fire protection and police protection experienced nonfatal injuries and illnesses at some of the highest rates among all workers—14.8 and 14.5 cases per 100 full-time workers, respectively.
Local police protection experienced a rate of injuries and illnesses more than double that of their State police protection counterparts, whose rate was 5.9 cases per 100 workers.
The incidence rate of injuries and illnesses among hospital workers was highest in State government at 11.9 cases per 100 full-time workers—more than one and a half times that experienced by hospital workers in local government (7.3 cases).
State government nursing and residential care facilities reported 12.5 cases of injuries and illnesses per 100 full-time workers, compared with 9.5 cases for local government.
Local government establishments in educational services reported an injury and illness incidence rate of 5.5 cases per 100 full-time workers; this was more than twice the rate reported for educational services workers in State government (2.6 cases). Reasons for the variation in rates may include differences in industry mix and different distributions of large populations of employees in higher risk industries within these groups, as well as other factors.
These data are from the Survey of Occupational Injuries and Illnesses, which is part of the BLS Injuries, Illnesses, and Fatalities program. National data was collected on State and local government workers for the first time in 2008. To learn more, see "Nonfatal injuries and illnesses in State and local government workplaces in 2008" (PDF) in the February 2011 issue of the Monthly Labor Review.
Bureau of Labor Statistics, U.S. Department of Labor, The Economics Daily, Nonfatal injuries and illnesses in State and local government industries, 2008 on the Internet at http://www.bls.gov/opub/ted/2011/ted_20110303.htm (visited June 27, 2016).
Recent editions of Spotlight on Statistics
Employment and Wages in Healthcare Occupations
Healthcare occupations are a significant percentage of U.S. employment. Some of the largest and highest paying occupations are in healthcare. This Spotlight examines employment and wages for healthcare occupations.
Fifty years of looking at changes in peoples lives
Longitudinal surveys help us understand long-term changes, such as how events that happened when a person was in high school affect labor market success as an adult.
- A look at pay at the top, the bottom, and in between
The Spotlight examines how earnings and wages have changed over time and how they differ within a geographic area, industry, or occupation.


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This thread is in response to a review for DARK on the Xbox 360. You are encouraged to view the review in a new window before reading this thread.
Add a new post within this thread...
Author: Suskie
Posted: August 10, 2013 (08:52 PM)
Actions: Register for a free user account to post on the forums...
True story: The guy who voices Eric, Doug Cockle, also voices the hero of The Witcher, and delivers everything in that exact same gravelly monotone (which is tiring because the game is, like, 50 hours long). I was actually in the middle of my playthrough of The Witcher when I took a break to play Dark and I was eager to finally get away from that damn voice. Then I heard Eric and was like, "Oh for Christ's sake."
You exist because we allow it. And you will end because we demand it.
Author: pickhut
Posted: August 11, 2013 (03:24 AM)
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I actually figured the DJ would be one of those characters that might actually do something useful, plot-wise, somewhere down the road, so I was kinda bummed that she was reduced to a in-passing mention late in the game.
I head spaceshit noises
Author: mrmiyamoto
Posted: October 30, 2013 (01:48 AM)
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That's hilarious, Suskie!
"Nowadays, people know the price of everything and the value of nothing"
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Luke Babbitt is back in the NBA.
Babbitt, who was signed this week by the New Orleans Pelicans, played in his first NBA game in a year on Friday night. Babbitt played 19 minutes in the Pelicans' 98-91 victory over the Minnesota Timberwolves and scored five points with six rebounds, two assists and two blocks.
Babbitt first entered the game with 9:52 to go in the second quarter. He hit a 3-pointer with 8:48 to go in the quarter to cut the Timberwolves' lead to 30-28. Babbitt also had three rebounds in a span of just over three minutes later in the quarter. He missed his last three shots in the second quarter and was sent to the bench after committing his first foul with 2:44 to go.
Babbitt, who played the last three seasons with the Portland Trail Blazers, then sat out most of the third quarter, entering the game with just 33 seconds to go. The former Nevada Wolf Pack and Galena High forward, though, played the bulk of the fourth quarter and was instrumental in the Pelican's comeback victory.
The 6-foot-9 power forward blocked two shots in span of 91 seconds early in the fourth quarter. He also pulled down his fourth rebound with 6:16 to go in the game. Babbitt then stayed in the game despite committing two fouls 1:56 apart.
He got his fifth and sixth rebounds 21 seconds apart. His sixth rebound was an offensive rebound tip-in for a basket that gave the Pelicans an 89-82 lead with 2:40 to go.
Babbitt then played a key role in sewing up the victory. With the Pelicans up just 94-91 with 33 seconds to go, Anthony Davis tipped a jump ball to Babbitt, who secured the ball. Babbitt then quickly passed the ball to Brian Roberts who then drained a 22-foot jumper for a 96-91 lead with 22 seconds to play.
Pelicans' coach Monty Williams is excited to see what Babbitt can do over the final three months of the season. The Pelicans' needed a forward after a season-ending knee injury to Jason Smith. Ryan Anderson also has been out with a herniated disc in his back since early January.
"He's a guy that can shoot the ball and also has the ability to play the three," Williams said of Babbitt. "In a pinch, he can play some four. I worked him out. He's a serious kid and I'm looking forward to getting him in."


text: Keith Harris Jr. is a freshman running-back from Leo Catholic High School in Chicago, IL. As a senior at Leo, he was named to the all-state, academic all-state and all-conference teams. He was also named the Chicago Catholic Conference's offensive MVP after rushing for 1,774 yards and 15 touchdowns in 2011. Keith averaged 173 rushing yards per game as a senior, helping the Lions tie for the Red Division championship and reach the state playoffs for a second consecutive season. Keith was also a member of state championship track and field team in 2011 and all-state honors in the 4x200 relay as a junior.


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Via the Whoa.
Whoa: Twilight is like Soccer:
Incorrect source, offensive, or found a typo? Email us (please put title in subject bar of email so we'll be able to fix). Or do you want to write for Elephant?
{Waylon H. Lewis Enterprises 2016: Use Rights in perpetuity. Ownership remains with author.}
One Response to "Whoa: Twilight is like Soccer:"
can't speak for the vampire crowd, but as a lifelong player/fan of the beautiful game, you forgot the final part: we couldn't care less whether you understand or not!


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Welcome to Conga Joy! Home of the longest running Hand Drum Classes in Seattle, taught by Master Teacher Bill Matthews. Home of hand-built Djembes, Ashikos and Bougarabous and home of The New Conga Joy, aka "The Hand Drummers Bible". Now available, Bill's magnum opus, Shadowing the Lion: Over 500 Drum & Bell Patterns. (220 pages. 2013)
Shadowing The Lion: 500 Drum & Bell patterns from African & Afro-Caribbean Drum Cultures. For Djembes, Congas and Ashikos. 220 pages.


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Conservation of Public Art
Americans for the Arts Public Art Network
California Civil Code section on the protection of works of art
The GCI Newsletter: Mural Conservation
The GCI Newsletter: Outdoor Sculpture
Heritage Preservation's Rescue Public Murals
Heritage Preservation's Save Outdoor Sculpture
International Network for the Conservation of Contemporary Public Art (INCCA)
Mural Conservancy of Los Angeles
Public Art Resource Project
Video of public panel at the Getty: Conservation Challenges of Outdoor Public Art
Conservation and Maintenance of Contemporary Public Art
by Hafthor Yngvason (2002), London: Archetype Publications.
The Conservation of Bronze Sculpture in the Outdoor Environment: A Dialogue among Conservators, Curators, Environmental Scientists, and Corrosion Engineers
edited by Terry Drayman-Weisser (1992), Houston: NACE.
Copper and Bronze in Art: Corrosion, Colorants, Conservation
by David A. Scott (2002), Los Angeles: Getty Conservation Institute.
Guide to the Maintenance of Outdoor Sculpture, 2d ed.
by Virginia Naudé and Glenn Wharton (1995), Washington DC: American Institute for Conservation of Historic and Artistic Works.
Maintenance of Outdoor Sculpture: An Annotated Bibliography
edited by Shelley Sturman (1996), Washington DC: National Institute for the Conservation of Cultural Property.
Public Art by the Book
edited by Barbara Goldstein (2005), Seattle: Americans for the Arts in association with University of Washington Press (copyright Office of Arts & Cultural Affairs).
For more information on issues related to Conservation of Public Art, search AATA Online


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Stamp prices are going up once again, but these stamps will be worth every penny. Johnny Cash will be fetured in the "Music Icons" series of stamps. Here is an article from Rolling Stone.
Johnny Cash will be memorialized by the U.S. Postal Service this year with his very own stamp. The country legend will be a part of a new "Music Icons" series of stamps, and his version features a photograph by Frank Bez taken for 1963's Ring of Fire: The Best of Johnny Cash. The striking black-and-white design is intended to resemble a 45 rpm record sleeve .
Cash's stamp went through an arduous selection process to be issued. "We get about 40,000 suggestions for stamp ideas each year but only about 20 topics make the cut," USPS representative Mark Saunders told Today.com. "These suggestions are reviewed by the Postmaster General's Citizens' Stamp Advisory whose role is to narrow down that 40,000 to roughly 20 and then provide their recommendations to the Postmaster General for final approval."
A release date for the stamp has yet to be announced. Today.com notes that two more stamps in the "Music Icons" series will be revealed this year. Johnny Cash died of complications from diabetes in September 2003. He was 71.
Read more: http://www.rollingstone.com/music/news/johnny-cash-to-be-honored-with-postage-stamp-20130130#ixzz2JVkril14
Return to: Crash's Blog Blog


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Contact Us | Site Map | Customer Care | Privacy Policy
© University of Washington 2016. All rights reserved.
Jackson, Wright Lead Purple To A 5-2 Win
Second baseman Matt Jackson had two hits, scored twice and drove in a run, and starter Zach Wright allowed one hit over four innnings to lead the Purple squad to a 5-2 win in the first game of the Purple & Gold World Series.
Purple & Gold Fall World Series Starts Monday
Purple & Gold Fall World Series Starts Monday
UW Baseball Back In The Swing Of Things
The Diamond Dawgs are back on the field once again as autumn practices are underway in preparation for the first season in the brand new Husky Ballpark. Full-team practices, which commenced two weeks ago, have been taking place on the recently finished turf field that is part of the scheduled renovations.
Join UW Baseball For Alumni Weekend
It's that time of year again to celebrate alumni and supporters of Husky Baseball! Join us for a weekend of golf, football and practice at Husky Ballpark.


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Emergency Messages for U.S. Citizens
This page contains the most recent messages sent via e-mail from the U.S. Embassy's Consular Section directly to American citizens registered with the U.S. Embassy in Tallinn. If you are an American citizen and wish to receive these periodic messages directly, you must subscribe to our mailing list by registering with the U.S. Embassy.
There are currently no Travel Warnings or Alerts for U.S. citizens in Estonia. However, please review the Worldwide Caution.
* * *
Embassy of the United States of America
Tallinn, Estonia
March 8, 2012
Security Message to U.S. Citizens
Strikes and Demonstrations
As noted in the local media, there are strikes and demonstrations planned throughout Estonia, notably in Tallinn, today. Delays and disturbances to traffic and/or public transportation during the strike will take place in several cities. The following events are planned in the capital today:
8 March – Approximately 12:00
Teachers march to Toompea and Parliament from Vabaduse Väljak.
8 March – All day
Very limited public transportation will be available in Tallinn. Expect higher than usual traffic volume and plan for delays.
Normal operation of public transportation will resume on March 9th.
The labor strikes are expected to be peaceful, but please remain alert and aware of your surroundings when out and about during the dates of the strike. If you find yourself unintentionally in the middle of a demonstration, please remove yourself as quickly as possible and get to a safe location.
* * *
The U.S. Embassy in Estonia is available to provide emergency assistance to American citizens 24 hours a day. The U.S. Embassy is located approximately 1 km outside of Tallinn's "Old Town" at Kentmanni 20, Tallinn.
The Embassy's main switchboard number is +372-668-8100. (The "+" sign refers to your international dialing prefix, if calling from outside Estonia, which is "011-" in the United States and "00-" from most other countries.) The Consular Section can be reached directly at +372-668-8128, -8129, -8197 or -8111. The Consular Section's fax number is +372-668-8267.
Outside of our normal business hours of 8:30 a.m. - 5:30 p.m., Monday - Friday, an Embassy Duty Officer may be contacted by mobile phone at +372-509-2129 , or if no answer at +372-668-8169. Inquiries about American citizen services provided by the Embassy's Consular Section may be directed to email@example.com. The Embassy's website contains more information on services provided by the Embassy's Consular Section.
We encourage U.S. citizens living or traveling in Estonia to register with the U.S. Embassy in Tallinn through the State Department's Smart Traveler Enrollment Program (STEP) to obtain updated information on travel and security within Estonia. By registering, U.S. citizens make it easier for the Embassy to contact them in case of emergency. U.S. citizens without Internet access may register directly at the U.S. Embassy in Estonia.
Contact Information
Consular Section
U.S. Embassy
Kentmanni 20
15099 Tallinn
Phone: 372-668-8128
Fax: 372-668-8267
E-mail: firstname.lastname@example.com


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College Hockey:What I think I've learned leading up to a crazy final weekend in the WCHA
Heading into the last week of the regular season in the WCHA, here is what I think I learned from last weekend.
You couldn't ask for a more exciting final weekend
From the MacNaughton Cup, to the pursuit of home ice in the first round of the WCHA playoffs, to just making the league playoffs, everything is up for grabs this weekend in the final days of the regular season.
Minnesota State and Ferris State, who will finish either No. 1 or No. 2, are tied atop the league standings with 38 points each and should they remain tied, they will share the league's regular season title. The Mavericks, who currently have one more league win than Ferris State, would be the No. 1 seed if the season ended today.
Six other teams — Alaska, Michigan Tech, Bowling Green, Alaska-Anchorage, Bemidji State and Lake Superior State — still have a chance to host a first-round, home-ice playoff series with the Huskies and Nanooks already having clinched a playoff spot.
As for the Falcons, Seawolves, Beavers and Lakers, all four could be caught by ninth-place Northern Michigan this weekend and miss the playoffs.
The only team who has nothing to play for when it comes to the postseason is Alabama-Huntsville but …
The Chargers aren't rolling over for anyone
UAH picked up its second win of the season on Friday when it scored a 2-1 victory over arch-rival Bemidji State in Bemidji. The Beavers rebounded for a 4-1 victory on Saturday, but the damage had already been done.
Instead of sitting tied for fifth with UAA and BGSU at 26 points, the Beavers now find themselves tied for seventh with LSSU and just one point ahead of ninth-place NMU.
What might be even worse for Beavers fans now is they will have to put away their "Who Hates Huntsville?" T-shirts and dawn some Charger blue — underwear is fine, it doesn't have to be visible — this weekend in hopes their hated rivals can pull another upset.
The Chargers host the Wildcats this weekend and the first home win of the year for UAH might be enough to get BSU into the WCHA playoffs and keep the 'Cats out.
The Chargers have been close on numerous occasions to winning at the Von Braun Center, having lost to Bemidji State, Ferris State, St. Cloud State and Lake Superior State (twice) by just one goal.
Then there's UAH's best result at home this season, a 1-1 tie with Alaska-Anchorage.
Now with a little confidence in them, don't be surprised if UAH goes out with a win this season.
Every league should leave a team or two out of the playoffs
I spent four seasons covering the CCHA here in Marquette from 2003-2007 as a student at NMU and returned to the U.P. in 2011 to cover the league's final three campaigns. During that time, I can't remember once seeing anything as crazy as I've seen in the new-look WCHA this year.
And in comparison to the WCHA, the rest of college hockey has seemed kind of boring.
The only league that comes close is the NCHC, where St. Cloud State and North Dakota are tied for first with 42 points going into the final weekend of the regular season, with Nebraska-Omaha sitting three points back in third.
But the battle for the regular season title is where the drama ends for the NCHC. Yes, Minnesota-Duluth and Western Michigan are tied for the fourth and the final first-round, home-ice playoff spot, with Denver just two points back, but big whoop if you falter and don't get to stay home for the first round.
All eight teams are still in the playoffs, and redemption is easily attainable the following weekend. You'll just have sleep in a hotel bed instead the night before instead of your own.
Some teams flourish on the road away from distractions. It can actually be a blessing in disguise.
Looking around the rest of the Division I standings, four of the six regular season league champions all won or will win titles by comfortable margins, and while races for byes and home ice may have been tight, none of those teams are facing the pressure five WCHA teams face this weekend in four different games — that of being left out of the league playoffs.
There could be no next week for those five teams, meaning they will have to wait a lot longer than six days for redemption.
Try six-plus months.
The following is a self-policing forum for discussing views on this story. Comments that are derogatory, make personal attacks, are abusive, or contain profanity or racism will be removed at our discretion. USCHO.com is not responsible for comments posted by users. Please report any inappropriate or offensive comments by clicking the "Flag" link next to that comment in order to alert the moderator.
Please also keep "woofing," taunting, and otherwise unsportsmanlike behavior to a minimum. Your posts will more than likely be deleted, and worse yet, you reflect badly on yourself, your favorite team and your conference.


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I purchased this dress for my wedding in July 2013. After finding my venue, I decided to go with a different dress.
- Label Size: 16
- Street Size: 14
- Bust: 41
- Waist: 34
- Hips: 41 3/4
- Height with Shoes: 59
- Alterations: No Alterations have been done.
- Color:
- Silhouette: Trumpet
- Material: Lace
- Neckline: Cap Sleeve
- Style: Classic
- Condition: New
- Original Owner: Yes
- Has Original Receipt: Yes
- Preservation Method: I have a kit from david's bridal, I paid $189 for it. I will throw it in with the gown. After your wedding, it's important to have your gown professionally cleaned and preserved. This simple step will create an heirloom for future family members, or a keepsake to treasure all your own. You can trust David's Bridal, the wedding dress experts, to provide high quality service and convenience every step of the way
- Terms of Sale: All Sales Final
- Location: , CO
- Will Ship to: Anywhere at Owner Expense
- Payment Methods Accepted: Escrow.com
Please read our BUYER'S GUIDE before purchasing a dress online.


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15-24 Mar: A unique networking opportunity for Irish businesses to meet their India counterparts while immersing themselves in the Indian capital of culture, GOLF FOR HOPE will give Irish business people an opportunity to play Golf in one of the world's oldest Golf Clubs.
This ten day experience of a lifetime for just 20 people takes place from the 15th – 24th March 2013 and is being backed by top businessmen from the Kolkata Chamber of Commerce, with a highlight of the tour being The HOPE Golf Cup fundraising Tournament and dinner at the Tollygunge Golf Club, where leading health, education and finance professionals will be in attendance.
As well as golf and sightseeing, such as a river cruise of the Ganges, participants will visit HOPEs children's projects in Kolkata to see firsthand the work of The Hope Foundation where they will get the opportunity to see just where fundraised money is being invested. This is a chance for people to give a little back, spending time with children who have been given so little, yet have so much joy to share.
Club members are looking forward to extending the hand of welcome to the visitors. They will be inviting them to cultural evenings of music, food and art in their homes.
Lending his support to the GOLF FOR HOPE initiative and inviting all Golf enthusiasts to take part in the trip, Irish Golfing champion Padraig Harrington said, "It is heartening that even in these challenging economic times for many people in our own country, they willingly continue to support HOPE and their work of rescuing children in India, changing lives and building a sustainable future for them. I am delighted to support the ongoing tremendous work of HOPE and encourage golfers to take this opportunity to play at the first ever golf club to be established outside of the British Isles in 1829 'The Royal Calcutta Golf Club' – where I played as an amateur and would certainly recommend, along with a visit to the wonderful HOPE projects to see how together we can make a difference."
Costing just €1,500, this is an exceptional opportunity for any keen golfer or travel enthusiast and an ideal opportunity for businesses to promote Ireland in India, as well as encouraging Indian Golfers and Businesses to return to Ireland in 2013 for The Gathering.
For further information please call Susan on (021) 4292990 or email email@example.com For further information on The Hope Foundation visit www.hopefoundation.ie.


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The LINGUIST List is dedicated to providing information on language and language analysis, and to providing the discipline of linguistics with the infrastructure necessary to function in the digital world. LINGUIST is a free resource, run by linguistics students and faculty, and supported primarily by your donations. Please support LINGUIST List during the 2016 Fund Drive.
Conference Information
|Full Title:
|2nd Workshop on NLP for Computer-assisted Language Learning
|Oslo, Norway
|Start Date:
|22-May-2013 - 22-May-2013
|Elena Volodina
|Meeting Email:
|click here to access email
|Meeting URL:
|Meeting Description:
|The Workshop on NLP for Computer-assisted Language Learning is organized in connection to NoDaLiDa conference, May 22-24, 2013, Oslo, Norway. The workshop date is May 22.
Invited Speaker:
Dr. Cornelia Tschichold, Swansea University, chair of the EuroCALL NLP SIG
For all inquiries, please email Elena Volodina, elena dot volodina at svenska dot gu dot se.
Workshop Organizers:
Elena Volodina, Språkbanken, Department of Swedish, University of Gothenburg; elena dot volodina at svenska dot gu dot se (Organizing chair)
Lars Borin, Språkbanken, Department of Swedish, University of Gothenburg; lars dot borin at svenska dot gu dot se
Hrafn Loftsson, Reykjavik University hrafn at ru dot is
|Linguistic Subfield:
|Computational Linguistics; Language Acquisition
|LL Issue:
|Calls and Conferences main page


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- Dylan Cochran
about us – welcome
- Song Writing & Recording
- Music Lessons
// Music Theory
- 333 Blog
what's new
- Contact
get in touch
In Drum Lessons we encourage and direct our students 2-3 times a year to – Student Recitals or Performances: Those of us here at 333 Music Studios want to make our LIVE performances the real deal in places where real muscians play music – Coffee Shops, Cafes, Parks, Malls etc. At these LIVE events we RECORD either to DVD -with audio of course- or to Mp3/CD. Mobile uploads: Students @ at 333 should expect as time goes to be recorded in session: we call this "Mobile uploads" and they end up on our blog. Drum lessons are awesome, fun and with hard work you'll be ready to jam!
Please see "Our Teachers" page for biography information or go our our "Contact" page and ask Dylan if you have questions.
What Instruments: Drum Kit, Snare drum, & Percussion.
Ages: All Ages
Where/When: Olympia Studio
How Long/Frequency: Lessons are once a week for 30 minutes (4 weeks a month). Longer lessons can be arranged (ie. hour lessons) if the student so desires. For advanced students an hour allows more time to work on more advanced concepts.
Pricing: $80.00 ($20.00 a lesson)- Students pre-pay for each month on the last day of the previous month, or for new students, tuition will be due the first lesson.
Drum Resource
Our Drum Teacher
Powered by Facebook Comments


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DADA Art Bar is committed to the advancement of artistic expression within the Denver community as a vital cultural force. It is their goal to support and develop the capacity of local, national, and international artists to reach Denver's public with a platform for exposure as well as commerce. DADA Art Bar will be a space for the Denver community to experience and engage with the performing, literary, media, and visual arts. DADA's RiNo location will continuously house arts projects, including concerts, performances, public art, exhibitions, screenings, festivals, workshops, readings and more. The first Friday of each month will mark a new show and an exciting opportunity for artists to share and possibly profit from their work - regardless of professional artistic experience.
DADA's approach to gallerism will be completely democratic. It will serve culture and history at large, as opposed to the exclusivity of the traditional gallery market. So that there is a more equitable and diverse range of artists and artworks represented, we will showcase a full spectrum of backgrounds and identities. All are welcome to become involved - whether by presenting, performing, experiencing, or purchasing works. DADA Art Bar is not only a place to participate in artistic inquiry and creation, but also a place to interact with artists and art enthusiasts, partake in dialogue and discussion about the arts, and enjoy a drink in the beautiful gallery space.
John Paul Cook is the general manager of the Art Bar while Mr. Ian, who owns both DADA and Amerigo's. Both the boys are super attractive, hip and treated my girlfriend & I, Jaime-Quinn Pastel, like royalty as the service and conversation never ceased. Attentive, social and intellectual, this classy, upscale BAR is hands down the coolest bar in Denver. Everything from management, staff, clientele and service are all A++. Whether you're looking for a low key happy hour before dinner or plan to hang all night, you will definitely meet great people, make awesome connections and honestly never want to leave.


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A Senate judiciary committee in Baton Rouge, LA voted 3 - 0 against a bill that would have allowed concealed weapons to be carried inside churches. Though "churches are not the safe places they used to be," according to State Rep. Henry Burns of Haughton, opponents argue that having concealed weapons in churches is asking for trouble.
Through violence on the household of faith including attacking the sanctity of holy places and the peace which should be had therein, and targeting the innocent, Satan shows how he is fulfulling the scriptures which declare him as "walking about as a roaring lion, seeking whom he may devour (I Peter 5:8)." While he makes his rounds, he recruits demonic actors to help him stage a circus where the joke is on the church.
The bears in the sanctuary are intimidating the weak-minded, discouraging them from seeking God in a very personal way. The panthers in the sanctuary are angrily biting the heels of the humble, urging them to hold their peace and be obliterated. The gorillas in the sanctuary are standing tall above the children of Christ, inciting fear of the Devil.
When the enemy declares war on the church, we have the power to invoke the heavenly host in defense of zion. There is a necessity to declare by the power vested from the most High God, by Jesus, King of Kings, that everything the enemy has stolen from the church – in influence great and small, shall be released back to the church; that a revival shall come throughout the nation of America and the world.
And God shall restore 20, 60 and 100 fold, all that has been stolen – that all may know that He alone is God (Joel 2:25).


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Groups & Events
Warm, intimate and sophisticated, the Arazzo Room is perfect to welcome your private gathering in a traditional Venetian city lounge.
Ideal for business meetings up to 30 people or suitable as breakout room within a wider event.
Basic technical equipment
- Flip chart
- High-speed internet connection
- Audio system
- DVD player, video projector and screen
Upon request
- Full-time technical assistance
- Secretarial service
- Audio and video recording
- Simultaneous translation service
- Video-conferencing
- Welcome coffee/drink
- Coffee breaks
- Cocktail
- Working lunches
- Gala suppers
- Banquets


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Planning is under way for our 10th Birthday Celebration and Oscar Party at the Ambler Theater. As we count down the final days to The Academy Awards, we thought we would share some Oscar photos and articles we found on the web. Check 'em out after the jump.
This infographic (above) breaks down all of the Oscars by the numbers. It has all of the details you might need to get a quick overview Sunday night's event. But, I am not sure it can help you pick the winners. (Thanks to Steve Goetz for finding this for us.)
Studio360 created an Oscar Award's Night Bingo game. You can download the board to play along. The board is not about who will win the awards, but more about what will happen on stage. Who will forget a line? Will there be a wardrobe malfunction?
The New York Times created an interactive article Dissecting a Trailer: The Parts of the Films that Made the Cut, which breaks down five trailers showing "how scenes from five of the nine best picture nominees were reassembled to promote the films." The five films they broke down are Silver Linings Playbook, Lincoln, Amour, Argo, and Beasts of the Southern Wild. It is a really fascinating page. (Thanks to Pam McCloskey for finding this one.)
Here are some sneak peaks at some of the items that will be making an appearance at our Oscar Night celebration including a Red Carpet Pass and the trophies for the winners of our Oscar Ballot challenge. Enter our challenge and pick the winners correctly and one of those statuettes (along with some free passes and some other prizes) could be yours!


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Oxycel provides haemostatic action when applied to sites of bleeding. It has been developed to provide medical professionals with the ablity to stop bleeding in the most efficient manner possible.
If you would like more information about the product or would like us to send you a sample, please don't hesitate to contact us by fax/phone 01386 860 177 or email us at firstname.lastname@example.com.


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Judge Nugent
09-05303 ReVest, LLC v. Long (Doc. # 29) - Document Text
- Details
- Category: Judge Nugent
- Published: 11 June 2010
- Written by Judge Nugent
SIGNED this 26 day of May, 2010.
FREDDIE WAYNE LONG, ) Case No. 09-12827
) Chapter 11
Debtor. )
Plaintiff, )
vs. ) Adversary No. 09-5303
Defendant. )
Case 09-05303 Doc# 29 Filed 05/26/10 Page 1 of 13
Plaintiff ReVest, LLC ("ReVest") moves to dismiss Freddie Wayne Long's counterclaims
for failure to state a claim pursuant to Fed. R. Bankr. P. 7012 and Fed. R. Civ. P. 12(b)(6).1 ReVest
filed this adversary proceeding seeking declaratory judgment that it owns certain real property free
and clear of any interest of Long. In his answer, Long denied the allegations of ReVest's complaint
and asserted claims for relief against ReVest arising out of alleged violations of the Kansas
Consumer Protection Act ("KCPA"), the federal Truth In Lending Act ("TILA"), and the Real
Estate Settlement Procedures Act of 1974 ("RESPA"). Long also asserts claims sounding in
common law fraud claim and quiet title.
Long essentially claims that ReVest wrongfully induced him to enter into what is titled a
purchase and lease-back agreement, but which, according to Long, should be characterized as a loan
transaction. On October 4, 2005, Long and ReVest executed an agreement relating to five properties
then owned by Long: the Bonn Property, the St. Clair Property, the 167th Street Property, the Reno
County Property, and the Lark Property (collectively referred to as "the Properties").2 The
agreement had three major provisions: the first provided for the sale of the Properties from Long to
ReVest for $250,000.00 plus closing costs and unpaid property taxes; the second provided for the
lease of the Properties back to Long beginning on November 1, 2005 and ending October 31, 2006;
and the third provided Long with an option to buy-back the Properties for $291,000.00. The
1 Dkt. 9. This adversary proceeding is a core proceeding over which this Court has
jurisdiction pursuant to 28 U.S.C. §§ 157(b) and 1334(b).
2 Exhibits to this agreement, including a list of the properties subject to the agreement,
were not attached to the copy of the Agreement that is an exhibit to Long's Counterclaim.
According to the Counterclaim, the first four properties are rentals and the last is Long's
personal residence.
Case 09-05303 Doc# 29 Filed 05/26/10 Page 2 of 13
agreement recited that ReVest would finance its purchase of the Properties with a purchase money
loan ("PML") of 100% of the purchase price ($266,000.00) and that the lease payments would
approximately be equal to the monthly payments on the PML. Any deficiencies would be added to
the buy-back purchase price. The agreement required the buy-back option to be exercised on or
before October 31, 2006. To exercise the buy-back option, Long had to tender the purchase price
in cash or cash equivalent to ReVest, whereupon ReVest would immediately payoff the PML and
execute deeds conveying the Properties back to Long.
Long claims that, on October 12, 2006, ReVest unilaterally increased the buy-back price to
$301,400.3 Long took a $148,200 loan from Wells Fargo and paid the funds to ReVest who
classified the funds as a "repurchase" of Long's home. On December 29, 2006, Long and ReVest
executed a second agreement which granted Long an option to buy-back the four remaining
properties ("the Rental Properties") for $161,000.00 as long as it was exercised by 5 p.m. February
28, 2007. This agreement also provided that Long could continue to lease these properties during
the option exercise period, i.e., from December 26, 2006 until February 28, 2007. Long paid an
additional $18,000 to ReVest for this new option. If the option was exercised, the $18,000 would
be the down payment. Were the option not exercised, the $18,000 would be a non-refundable fee.
Long failed to exercise the option. Although the lease-back of the remaining properties
appears to have expired per its terms, Long continued to make payments to ReVest from 2007 until
2009 and remained in possession. Long did not plead any specifics concerning these continuing
Long filed for Chapter 13 relief on August 31, 2009. He filed a Chapter 13 Plan on
3 Answer and Counterclaim of Freddie Wayne Long ("Counterclaim"), Dkt. 6, ¶15 at 4.
Case 09-05303 Doc# 29 Filed 05/26/10 Page 3 of 13
November 17, 2009, which provided, in pertinent part, that:
ReVest will be paid $169,000, over 7 years at 6% interest per annum. Payments will
be semi-annual beginning July 1, 2010. All payments will be made through the
Trustee. Upon confirmation of the Plan, ReVest will execute release of all personal
property lien perfections and surrender any collateral rights, except as provided for
herein. Deeds from ReVest to the the Debtor are to be executed within 7 days of
confirmation and held by counsel for the Debtor. In the event any payment is
untimely, the Deeds will be returned to ReVest and the Debtor will have no further
interest in the subject properties.
Long converted this case to one under Chapter 11 on March 26, 2010. He has not, as yet, filed a
chapter 11 plan.
ReVest moves to dismiss Long's counterclaims under Fed. R. Civ. P. 12(b)(6) for failure to
state a claim, arguing that each claim is barred by its respective statute of limitations and/or statute
of repose. ReVest also asserts that Long's TILA claim fails because the transaction at issue, alleged
by Long to be a business loan, is not covered by TILA. Finally, ReVest claims that Long's RESPA
claim must fail because the alleged misconduct (i.e., kickbacks and fee-splitting) did not involve a
third party. According to ReVest, if Long cannot prevail on any of these predicate claims, there is
no basis for him to quiet title in the Properties. Long concedes that his TILA and RESPA claims
can be dismissed,4 but argues that the statute of limitations has not run on his KCPA, fraud, or quiet
title claims because ReVest's continuing conduct constitutes a continuing tort that tolls the statutes.
Federal Rule of Bankruptcy Procedure 7012(b) incorporates Federal Rule of Civil
Procedure 12(b) into all adversary proceedings. To withstand a Rule 12(b)(6) motion, a claim for
4 See Response of Freddie Wayne Long to ReVest's Motion to Dismiss at 2.
Case 09-05303 Doc# 29 Filed 05/26/10 Page 4 of 13
relief must contain enough allegations of fact "to state a claim to relief that is plausible on its face."5
Applying the Supreme Court's Twombly test, the Court must determine whether the Counterclaim
musters some facts supporting any of his claims. As the Tenth Circuit has noted, "[t]he burden is
on the plaintiff to frame a 'complaint with enough factual matter (taken as true) to suggest' that he
or she is entitled to relief" and these "[f]actual allegations must be enough to raise a right to relief
above the speculative level."6 If Long's Counterclaim contains enough facts to state a claim upon
which relief is "plausible," the Court must deny the motion.7 "[T]he mere metaphysical possibility
that some plaintiff could prove some set of facts in support of the pleaded claims is insufficient; the
complaint must give the court reason to believe that this plaintiff has a reasonable likelihood of
mustering factual support for these claims."8
Claims involving fraud are subject to a heightened pleading standard.9 Federal Rule of
Bankruptcy Procedure 7009 incorporates Federal Rule of Civil Procedure 9(b) and states in part: "In
alleging fraud or mistake, a party must state with particularity the circumstances constituting fraud
or mistake." To survive a motion to dismiss, an allegation of fraud must "set forth the time, place,
and contents of the false representation, the identity of the party making the false statements, and
5 Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 547, 127 S.Ct. 1955, 167 L.Ed.2d 929
6 Robbins v. Oklahoma, 519 F.3d 1242, 1247 (10th Cir.2008) (quoting Twombly, 127
S.Ct. at 1965).
7 Ridge at Red Hawk, L.L.C. v. Schneider, 493 F.3d 1174, 1177 (10th Cir.2007).
8 Id.
9 Fed. R. Civ. P. 9(b). See also Burton v. R.J. Reynolds Tobacco Co., 884 F.Supp. 1515,
1524 (D. Kan.1995) (Claims that arise under the KCPA are subject to Rule 9(b)'s particularity
Case 09-05303 Doc# 29 Filed 05/26/10 Page 5 of 13
the consequences thereof."10 Plaintiffs must set out the "who, what, where and when of the alleged
"The statute of limitations is an affirmative defense; however, 'when the dates given in the
complaint make clear that the right sued upon has been extinguished,' this issue may be resolved
on a motion to dismiss."12 "[O]nce a defendant satisfies his initial burden to show that a claim is
untimely, the burden shifts to [the plaintiff] to establish a later accrual date of the statute of
limitations or to show that there is a basis to toll the accrual date."13
With these rudimentary principles in mind, the Court turns to the various counterclaims.
The TILA and RESPA claims
Long does not oppose ReVest's motion to dismiss his TILA and RESPA claims. Because
the transactions between the parties were primarily for business purposes, neither TILA nor RESPA
offer Long a claim for relief.14 Even if RESPA did not exempt business loans, Long failed to allege
a requisite element for a RESPA anti-kickback claim: that fees were shared with a third party.15
10 Lawrence Nat'l Bank v. Edmonds ( In re Edmonds ), 924 F.2d 176, 180 (10th Cir.
1991). See also 5A C. Wright & A. Miller, Federal Practice and Procedure § 1297 at 74 (2004).
11 Plastic Packaging Corp. v. Sun Chemical Corp., 136 F.Supp.2d 1201, 1203 (D. Kan.
12 Thompson v. Jiffy Lube Inter'l., Inc., 505 F.Supp.2d 907, 925 (D. Kan. 2007) (quoting
Aldrich v. McCulloch Properties, Inc., 627 F.2d 1036, 1041 n.4 (10th Cir. 1980)).
13 Escobar v. Reid, 668 F.Supp.2d 1260, 1287 (D. Colo. 2009) (citing Aldrich v.
McCulloch Properties, Inc., 627 F.2d 1036, 1041 n.4 (10th Cir. 1980)).
14 See 15 U.S.C. §§ 1602(h), 1603(1) and 12 U.S.C. § 2606(a)(1). See also Poe v. First
Nat. Bank of DeKalb County, 597 F.2d 895 (5th Cir. 1979) (TILA specifically exempts from its
scope extensions of credit for business or commercial purposes).
15 See Boulware v. Crossland Mortgage Corp., 291 F.3d 261, 265 (4th Cir. 2002)
(holding § 2607(b) "only prohibits overcharges when a 'portion' or 'percentage' of the
Case 09-05303 Doc# 29 Filed 05/26/10 Page 6 of 13
Both the TILA and RESPA claims are dismissed for failure to state a claim under Rule 12(b)(6).
The KCPA Claim
The KCPA prohibits any "deceptive act or practice" and any "unconscionable act or
practice" "in connection with a consumer transaction."16 Long asserts ReVest's actions are
unconscionable under K.S.A. 50-627 because it took advantage of his medical and emotional
condition and deceived him by continually representing to him that the Rental Properties would be
returned to him.17 Long also claims that ReVest's continuing mischaracterization of these
transactions as sales, when they were in reality lending transactions, is also unconscionable. ReVest
argues that Long's unconscionability claims are time-barred because more than three years has
elapsed since the dates of the agreements.
Kan. Stat. Ann. § 60-512(2) fixes the limitations period for claims arising out of statutory
violations at three years.18 Unlike Kan. Stat. Ann. § 60-513, the three-year statute does not provide
for a period to discover the claim or to assess the damages before the limitations period begins to
overcharge is kicked back to or 'split' with a third party"); Echevarria v. Chicago Title & Trust
Co., 256 F.3d 623, 626 (7th Cir. 2001) (affirming dismissal under Rule 12(b)(6) where the
plaintiffs failed to plead facts tending to show the third party involvement necessary for a §
2607(b) claim); Welch v. Centex Home Equity Co., L.L.C., 262 F.Supp.2d 1263 (D. Kan. 2003)
(RESPA fee-splitting provision is anti-kickback provision that unambiguously requires at least
two parties to share settlement fee in order to violate statute).
16 Kan. Stat. Ann. §§ 50-626 and 50-627.
17 Counterclaim, Dkt. 6, ¶¶ 5-6 of Count 1 at 6.
18 See also Alexander v. Certified Masters Builders Corp., 268 Kan. 812 (2000) (actions
under the KCPA seeking damages and civil penalties are subject to the three year statute of
limitations found in K.S.A. 60-512(2) rather than the 1-year statute of limitations found in
K.S.A. 60-514(c)).
Case 09-05303 Doc# 29 Filed 05/26/10 Page 7 of 13
run, nor is there a statute of repose pertaining to KCPA claims.19
Long contends his KCPA claim is not barred by the statute of limitations because the
limitations period does not begin to run until the last payment has been made on the continuing
contract, citing Beltz v. Dings.20 Long alleged he made payments until 2009 and that those payments
toll the limitations period, making his KCPA claim timely.21 The Beltz court held that the statute
of limitations on a breach of contract claim did not begin to run until the last payment was made
under the agreement. Here, Long asserts that he has been wrongly induced to make these payments,
not that ReVest has breached a contract per se. The rule in Beltz does not apply to non-contractual
Long also argues that his KCPA claim is not time-barred because ReVest made ongoing
representations to him that "[he] would be able to "pay off" the loan and have the properties retitled
[sic] in his name."22 Long essentially urges this Court to apply the continuing violations doctrine
which provides that when the last act of a wrongful conduct is part of an ongoing pattern and occurs
within the filing period, allegations concerning earlier acts are not time-barred. There are two
problems with this argument.
First, and foremost, nowhere in the Counterclaim did Long assert that his lease payments
were made in reliance upon misrepresentations of the plaintiff. All his Counterclaim says is that he
has continued to make payments and that ReVest has continued to suffer his occupancy of the rented
19 Four Seasons Apts. v. AAA Glass Service, Inc., 37 Kan.App.2d 248, Syl. ¶¶ 2, 5, 152
P.3d 101 (2007).
20 27 Kan.App.2d 507 511, 6 P.3d 424 (2000).
21 Counterclaim, Dkt. 6, ¶ 24 at 5.
22 Response of Freddie Wayne Long to ReVest's Motion to Dismiss at 1.
Case 09-05303 Doc# 29 Filed 05/26/10 Page 8 of 13
properties. In deciding a motion to dismiss under Rule 12(b)(6), the Court is limited to the well-
pleaded allegations of the parties and such inferences as the law allows it to draw. Bootlegged facts
from the motion papers cannot be considered.
Second, in this case and on these facts, the Court cannot apply the continuing violations
doctrine. The doctrine is a narrow concept and has been applied very infrequently outside the Title
VII employment discrimination context.23 "The limited areas in which courts have broadened the
doctrine's application have involved explicit statutory language, unequivocal legislative intent, or
contractual arrangements."24 Kan. Stat. Ann. § 50-627 contains no explicit statutory language
directing the application of the continuing violations doctrine.25
A KCPA claim accrues when the KCPA violation occurs.26 Here, the Counterclaim specifies
that ReVest made false or misleading statements to Long when it mischaracterized the true nature
of the agreements as purchases rather than loans and when it told Long that he would not "lose" his
properties. The Counterclaim states that he was induced to enter into the October 2005 purchase
agreement on the strength of these mis-statements. The Counterclaim also states that he entered into
the renewed option agreement on December 29, 2006 on the same basis. Long does not specify
when these statements were made or by whom, but does plead that "the transactions set forth herein
23 See Thompson v. Jiffy Lube Inter'l., Inc., 505 F.Supp.2d 907, 925 (D. Kan. 2007)
(citations omitted).
24 United Cities Gas Co. v. Brock Exploration Co., 984 F.Supp. 1379, 1388 (D. Kan.
1997) (internal quotations omitted).
25 See Thompson, 505 F.Supp.2d at 925. See also Cline v. Southern Star Central Gas
Pipeline, Inc., 356 F.Supp.2d 1203 (D. Kan. 2005).
26 Campbell v. Hubbard, 41 Kan.App.2d 1, 7 (Kan. App. 2008) (legal malpractice claim
accrued when attorneys quit representing him, rather than when he lost lawsuit in which
attorneys had represented him).
Case 09-05303 Doc# 29 Filed 05/26/10 Page 9 of 13
[in the Counterclaim] were unconscionable under K.S.A. 50-627."27 While Long's brief states that
ReVest has continued to let the optioned properties to Long well after the expiration of the 60-day
lease contemplated in the second option agreement, this fact is not pled in the Counterclaim. The
Counterclaim merely alleges that Long continued to make payments long after February of 2007.
Nor is there any statement about what ReVest told or may be telling Long in connection with his
continued occupation of the leased properties. Thus, the only pleaded statements upon which Long
can base his KCPA claim occurred incident to the formation of either the Purchase Agreement or
the Option Agreement, both of which were executed more than 3 years prior to January 13, 2010,
the date of the Counterclaim. Lacking any facts relating to the post-transaction misrepresentations
upon which Long apparently relies, the Court must conclude that Long's KCPA claim as pled is
The Fraud Claim
Long's Counterclaim alleges ReVest instigated a scheme to set him up for the eventual loss
of his rental properties.29 Long argues that he has been the victim of a continuing fraud because he
has been continually induced to pay rents by ReVest's misrepresentations that he will eventually get
his properties back if he continues to pay. Again, no such statements were pled in the Counterclaim.
They are only referred to in the briefs. They are not part of the record upon which the Court
27 Counterclaim, Dkt. 6, ¶ 4 of Count 1 (emphasis added).
28 Kan. Stat. Ann. § 50-627 provides that an otherwise unconscionable act violates this
section whether it occurs before, during or after the transaction. To the extent that Long's
KCPA claim is based on actions or statements of ReVest taken or made after the second
agreement was executed, there are no facts pleaded to which the Court can apply the plausibility
29 Counterclaim, Dkt. 6, ¶ 2 of Count 4 at 9-10.
Case 09-05303 Doc# 29 Filed 05/26/10 Page 10 of 13
considers a motion to dismiss. All that is pleaded is that Long was fraudulently induced to enter into
the agreements by ReVest's false statements about the true nature of the deal.
Kan. Stat. Ann. § 60-513(a)(3) provides that an action for fraud shall be brought within two
years, but the cause of action shall not be deemed to have accrued until the fraud is discovered. Kan.
Stat. Ann. § 60-513(b) provides that:
a cause of action shall not be deemed to have accrued until the act giving rise to the
cause of action first causes substantial injury, or, if the fact of injury is not
reasonably ascertainable until some time after the initial act, then the period of
limitation shall not commence until the fact of injury becomes reasonably
ascertainable to the injured party, but in no event shall an action be commenced more
than 10 years beyond the time of the act giving rise to the cause of action.
Long argues his fraud claim accrued on December 11, 2009, the date of ReVest's Complaint because
that is when he first realized (i.e., discovered) that ReVest would not restore the properties to him
without litigation. Certainly Long knew or should have known that the properties would not be
"returned" to him when his option to repurchase them expired in February of 2007, more than two
years before the Counterclaim was filed.
Long also argues that the continuing tort doctrine applies to bring his fraud claim within the
limitations period. The Tenth Circuit recognizes that the continuing tort doctrine may apply in fraud
claims to affect when the limitations period begins to run.30 That doctrine provides that the
limitations period begin to run from the date of the last injury.31 Long relies on his continued
payments to toll the limitations period, but the fact that he made payments to ReVest in 2007, 2008,
and 2009 does not, standing alone constitute an allegation that ReVest continually induced him to
30 Tiberi v. CIGNA Corp., 89 F.3d 1423, 1430-1431 (10th Cir. 1996).
31 Id. at 1430.
Case 09-05303 Doc# 29 Filed 05/26/10 Page 11 of 13
make payments on the assurance that he would eventually get his properties back. As noted above,
Rule 9 requires fraud claims to be pleaded with specific facts about who said what to whom, when
it was said, and the manner in which the pleader relied to his detriment. In the absence of these
facts, the Court is forced to conclude that Long's fraud cause of action is time-barred, too.
The Quiet Title Claim
Long alleges that ReVest has no right, title or interest in the Rental Properties and that title
to said properties should be quieted in his name. Kansas law authorizes one claiming title to or an
interest in real property to maintain an action to quiet title against any person who claims an adverse
claim.32 In order to meet the plausibility test, Long must assert some basis for his claim to the
properties. In the Counterclaim, Long admits that he executed deeds to the properties and delivered
them to ReVest, albeit nominally. The only way the quiet title action would retain any vitality
would be if Long could successfully challenge the validity of those deeds or the formation of the
purchase agreement by demonstrating that ReVest acted wrongfully in inducing him to execute
them. In the absence of viable predicate causes of action, his quiet title action is implausible.
Because both those claims are time-barred, his quiet title claim would collapse for lack of a claim
to the properties.33
Leave to Amend
Dismissal of a claim with prejudice is a harsh remedy. "As a general matter, a party should
32 Kan. Stat. Ann. § 60-1002(a).
33 While the statute of limitations for a quiet title action is typically 15 years, see Kan.
Stat. Ann. § 60-507, the two-year statute pertaining to fraud set forth in Kan. Stat. Ann. § 60513(
a)(3) applies here. See Sutton v. Sutton, 34 Kan.App.2d 357 (2005) (affirming district
court's decision to apply Kan. Stat. Ann. § 60-513(a)(3) rather than Kan. Stat. Ann. § 60-507 to
action for recovery of real property based on a conveyance of title obtained by fraud).
Case 09-05303 Doc# 29 Filed 05/26/10 Page 12 of 13
be granted an opportunity to amend his claims prior to a dismissal with prejudice."34 Indeed, leave
to amend is usually permitted if a pleader fails to plead fraud or mistake with sufficient
particularity.35 Dismissal with prejudice is warranted only when a court determines that the
allegation of other facts could not possibly cure the deficiency or would be futile.36 Because the
Court can easily conceive of amendments to the Counterclaim that would save it, the Court will
grant Long leave to amend to plead with specificity his allegations of misrepresentations made in
the conversations alleged to have occurred within the applicable statutes of limitation.
Long's TILA and RESPA claim are dismissed with prejudice. Long's KCPA, fraud, and
quiet title claims are dismissed with leave to amend to plead with specificity his allegations of
misrepresentations alleged to have occurred within the applicable statutes of limitation. Long is
cautioned to heed the mandates of Rule 8 and 9. Restatements of the claims dismissed with
prejudice will not be entertained. Long shall have 21 days from the date of this Order to file an
amended Counterclaim, or the KCPA, fraud, and quiet title claims will be dismissed without further
# # #
34 Sheldon v. Vermonty, 269 F.3d 1202, 1207 fn 5 (10th Cir. 2001).
35 2 Moore's Federal Practice, §9.03[4], 933 (3rd ed. 2010). See also Firestone v.
Firestone, 76 F.3d 1205 (D.D. Cir. 1996) (neither the determination that claims were time-barred
nor the determination that the complaint failed to plead fraud with particularity support a
dismissal with prejudice); Luce v. Eelstein, 802 F.2d 49, 56 (2d Cir. 1986).
36 Firestone, 76 F.3d at 1209. See also Curley v. Perry, 246 F.3d 1278 (10th Cir. 2001)
(court should allow a plaintiff an opportunity to cure technical errors or otherwise amend the
complaint when doing so would yield a meritorious claim).
Case 09-05303 Doc# 29 Filed 05/26/10 Page 13 of 13
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The airline launched a new service from Madrid to Shanghai, and its winter 2016 schedule will offer 10 flights per week from London Heathrow to the Chinese city, an increase of three flights per week compared to its winter 2015 schedule.
Industry leader Maersk Line, along with MSC and 13 other container lines, might not be subject to further penalties stemming from a five-year European Commission probe, according to a report from Reuters news service.
The Ocean Carrier Equipment Management Association said that a key benefit of the terminal weighing approach is that shippers will not be required to perform any additional actions in order to provide the verified gross mass of containers.
Registration takes less than 1 minute.
The Shanghai Containerized Freight Index rose 9.8 percent since last week to a reading of 577.81, as rates from Shanghai to both Northwest Europe and the Mediterranean jumped 36.6 percent and 21.8 percent, respectively.
United States GDP grew slightly more than initially expected in the first quarter of 2016, but durable goods orders fell in May, according to the most recent data from the Department of Commerce.
The agricultural export group, which has been a critic of the container weight regulation implementation process, praised South Carolina Ports Authority CEO Jim Newsome for suggesting the use of port scales to obtain verified gross mass.


text:
Following the conclusion of its 2011 season, the East Carolina baseball team continues to be ranked in the national polls when it garnered a No. 29 ranking by the National Collegiate Baseball Writers Association (NCBWA) Tuesday afternoon.
June 2011 Archives
A trio of underclassmen, who helped East Carolina (41-21) to its fourth NCAA Regional appearance and third Regional Final under head coach Billy Godwin, earned Charlottesville All-Regional honors.
Sophomore John Wooten (Goldsboro, N.C.) was a unanimous selection at first base, while freshmen Ben Fultz (Greensboro, N.C.) was named to one of the outfield spots and Chase McDonald (Greenville, N.C.) was selected as the designated hitter.
Fifteen players from the 2011 East Carolina baseball squad that went 41-21, made its fourth NCAA Regional appearance under head coach Billy Godwin and the school's 25th appearance, will be playing summer ball across the country.
Six East Carolina players were selected in the 2011 Major League Baseball First-Year Player Draft this week marking the second-most Pirates taken in draft (7 in 2004).
Shawn Armstrong (Cleveland Indians), Seth Maness (St. Louis Cardinals), Brad Mincey (Florida Marlins), Mike Wright (Baltimore Orioles), Seth Simmons (Arizona Diamondbacks) and Zach Wright (Philadelphia Phillies) all heard their names called earlier in the week.


text:
James Everett Saxton Jr.
Position: HB
Height: 5-11 Weight: 173 lbs.
Born: May 21, 1940 in Bryan, TX
Died: May 28, 2014
High School: Palestine
College: Texas (school history) (Saxton college stats)
Drafted by the Dallas Texans in the 10th round (75th overall) of the 1962 AFL Draft.
Drafted by the St. Louis Cardinals in the 11th round (146th overall) of the 1962 NFL Draft.
Weighted Career AV (100-95-...): 1 (13070th overall since 1950)
Other SR Links: College Football at Sports-Reference.com
Our primary support comes from users like you. Sponsor this page for $5. Your message will replace this ad.
Output includes all games from 1920 to 2015.


text: CharlotteWatch: June 30 by Raya Ramsey Posted in CharlotteWatch, Shopping & Fashion. Jun 30, 2011 at 8:35 am 1 comment photography by Matthew Shelley Last day of June, and Charlotte tackled the day looking pretty in pink. top = Express shorts = J. Crew outlet belt = J. Crew outlet shoes = Ross Next Post Previous Post


text:
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Thames Renewables was formed to provide best practice consultancy in the energy and carbon reduction sector. We are delivering this service as a one stop shop across the UK and integrating all the aspects of assessment, design, costing, installation and commissioning. We deal with all aspects of renewable energy and sustainable construction. Experience in housing, ...


text:
503.206.8589 Sign In | Your Account
K Vintners Milbrandt Syrah 2013
$32.95 Regular
A big, dark, meaty Syrah with rich, ripe fruit. The scents of lavender and desert herbs introduce a palate of black fruit, smoke, black olive and minerals. Fresh, silky, smooth and pungent. Made from 100% Northridge, part of the Milbrandt vineyards.
2008 Vintage Tasting Notes
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I met up with Charles at his new wine bar in Walla Walla before we drove out to the winery in his 1949 Cadillac, a picture of which is on the web-site (not the deluxe model like my grandfather used to drive). It is always a highlight of my annual trip to Washington because in addition to the tasting, you get a performance but, after all is said and done, when it comes to making wine, Charles Smith is all business. He knows where the vineyards are, he believes in amazingly low yields, and in the winery he is a non-interventionist. All of the following wines were made with native ferments and were bottled without fining or filtration. - Jay Miller
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