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Originally posted by Marker0077
You don't play much. At least not in Duel mode. If you did, you would understand.
Eh? Understand what? I understand that bowing and then calling people names is not the way to show respect. And how do you know when, where, and how often I play? And really, what does it matter in this case?
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EniaC, please look up "pwn" and "n00b" in the dictionary, exactly how they are spelt. Does it really matter what some dictionary says about video game lingo?
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Originally posted by eniaC
I hate that
That is so damn rude to fill up the screen with chat garbage when two people are dueling.
use to be
my favorite game type until all the damn binds/killtrackers/and just plain out chatting destroyed it for me.
I was referring to JK2 more than JK3, I'm not a fan of all the chatting while playing either but this will be fixed soon. Chosen One has already made a CVar for putting this back to the way it was in JK2 & I believe Razorace is doing this as well, along with one to put chat back to the top of the screen.
Originally posted by WadeV1589
Mark you said "So because I use common place terminology that makes me homophobic? eeeyah, you keep fishin pal." Gay as an insult is not common place, if you think it is, you're homophobic.
Ya right, you're gay.
lol, I'm just kidding, sorry, I couldn't resist. Seriously though, I don't know why you don't think that it isn't common place, I hear people say it all the time not only in America, but the UK as well. More with Americans but I do hear it occasionally from my UK friends as well.
Originally posted by WadeV1589
Why? Because anyone who is truly OK with gay people will never use it as an insult. The only people who have a right to use gay as an insult are gay people themselves and you'll find a mere handful (those usually worried about their sexuality) will.
Riiiiiight, & black people are the only ones that can say n*gger also right? Wrong, this is america & anyone can say anything they like, now that might lead up to a fight but that's the chance you take I guess.
To be honest, I'm not okay with gays. I think a dude bangin another dude is one of the most disgusting things to ever exist, oddly enough I don't have a problem with watching 2 girls go at it but to each their own. Now just because I don't agree with their sexual preferance, that doesn't make me homophobic. It just makes me a hedrosexual. Try to be a little bit more open minded. I'm not rainin on anyones gay parade, don't be so sensitive about how people choose their terminology, I didn't start the saying FFS.
Either way though, this has nothing to do with what we are talking about.
Originally posted by WadeV1589
I don't know if you've realised yet but you keep saying the majority believe what you do about people like this guy you killed...but in this thread the majority have either laughed in your face or stated quite clearly how wrong they think you are.
Um, again, read what's going on before you post. There's really only 2 people disagreeing with me here & you're one of them. For the most part, people are looking at the book of posts & moving on without bothering to read them. Can't say I blame them, this debate is rather pointless.
Originally posted by WadeV1589
I'd leave it if I were you, you're in the minority here no matter what you believe and insulting people helps non.
ya, that 2 to 1 majority will get you everytime (lol).
Originally posted by g//plaZma
Wrong. Competitive players know the game inside and out. Maybe someone should post demos of some of the oldschool JK2 FF duel matches.
Oh that's right, because you play on a ladder that gives you worlds of more knowledge than the normal players who play everyday. Ya right man. On a ladder you might play better players back to back but not much more. Not only that, it sounds to me like you're just playing the same people over & over.
Either way though, your lack of understanding what the majority of the Duel mode community leads me to believe you don't know what you are talking about. Keep in mind, I'm talking about things from a Duel mode perspective & most Duel servers are NF or jump only. You seem to be coming from a FF only perspective which I can't say 1 thing about 1 way or the other but I would think it wouldn't be much different.
Originally posted by g//plaZma
haha DarkSide huh? Yeah, two of the best players on the DarkSide stats (not ranked too high right now cuz they probably don't play as much), brutal+/< and fatal+/< are part of my team (clan) so plz stfu. DarkSide players aren't that good.
That's the thing, you talk all this smack but yet you haven't responded to any of my challenges. I'm not one of the top DS players but I still have the heart to play - you won't even accept the damn challenge. This is the third time FFS.
As for Fatal, I think I remember him from the JK2 days, not positive though. Why is it that you are the one talking all this smack? Where are they? If he was a DS player then he'd know exactly what I'm talking about. Where is he?
Exactly, you're all talk dude.
Originally posted by g//plaZma
In the competitive community it's a common belief that standing up for yourself is winning. Flaming does come in but it's mostly just friendly poking fun. No need to get all serious about it.
Standing up for yourself & winning has
to do with each other - nothing.
Please keep talking dude, by some of the stuff you say your just proving to me time & time again you are not half as good as the guys you keep bringing up.
Originally posted by g//plaZma
I wouldn't exactly put it up to you to set the standard in age. I mean look at you, you're 21 (or so it says in your avatar) and you bow to other fellow honorable jedis to show your honor in an online multiplayer game. See my point?
My avatar says that was me on my 21st birthday, it doesn't say I am 21.
Secondly, yet again, I've been playing since JK first came out & because I play nothing but Duel mode, there is time to chat with those who are online so when you spend over a year talking with the community, you develop certain facts.
Look, I know I know what I am talking about. I really wish you would stop playing it out like you do as well.
Originally posted by g//plaZma
Actually, there's always been more activity in the JK2 FF dueling ladders than NF.
Ladders is the operative word there, did I say ladders?
Anyways, I just did an update using ASE for Duel mode only servers. There are a total of
3 Duel FF
servers online & not 1 of them has anyone in them. There are a total of
39 No Force servers
. There are a total of 53 servers, so that obviously means there are total of 14 servers that have inbetween settings. Now I noticed that DarkSide & some BWN servers were in the no force list, so appearently ASE lists the force jump only servers in with the no force servers.
For JK2, there are a total of 20 online servers. 4 of them are FF, 10 of them are NF. So that would leave 6 with inbetween.
Again, there are not that many FF Duel servers.
Originally posted by g//plaZma
I know what happens. I get the whole server yelling at me and telling me I have no honorz, as I proceed to kick ass and half way after I win 10 duels straight, I get vote-kicked off because no one can handle it. Been there, done that. As for the ignorant comment... laff.
So it's everyone in the server? It's not you, it's everyone else? You're right, you're not ignorant.
Let's just say for the sake of the arguement that what you are saying is true. They all can't handle j00 1337 skillz so they vote you out & everyone at DS sucks, so why don't you play there? There's no way you are going to get that treatment at DS & everyone who plays there sucks so you'll win right? Why not play there?
What you say just doesn't add up dude & I'm starting to think you can lead a horse to water but you can't make them drink it. I'm really trying to show you what our point of view is but I'd really appreciate it if you would listen to yourself from time to time.
Originally posted by g//plaZma
Again, someone should post some oldschool JK2 FF duel demos. That's real dueling.
Perhaps but what "real dueling" is is a matter of opinion. I think NF dueling is where it's at, you think FF is where it's at. Neither of us is wrong, just an opinion difference - nothing more.
Most people play NF but I can understand the "What's Star Wars without force powers" concept also. I would like to get into FF someday but I have to go with the masses for the time being.
Originally posted by g//plaZma
Force adds more complexity to the game and therefore is shunned by most pubs. And that's the reason why it's played most in ladders.
"by most pubs"? You're being similar to stereotypical except you're the only one that says that. I can't help you understand where we are coming from if you're not even going to be open minded towards it. Then again, perhaps you've already made your decision & you've been wasting both of our time.
FF would add more a bit more complexity to the game but pple constantly healing & making Duels take so much longer than necessarry gets old real fast. I think that's probably why most people choose NF only. That & force powers get in the way of the actual duel.
Originally posted by g//plaZma
Comments like "You suck Flipside" isn't playing holier than thou? Oh ok.
No it's not, it's being derogatory. Saying "I'm better than you" *might* be considered holier than thou, even that's a grey area, it's really how you look at it.
Originally posted by g//plaZma
Stfu honor nub. That's not what I said. If Darth Chewbacca didn't just blow a load in your eyes then maybe I think you would have read it better.
Wow, we have some real intellectual conversationists in the house tonight don't we folks?
Saying "
You're complaining about how people play (yet they're using valid non-cheating tactics).
" isn't saying that but then again, it's not that far off now is it?
Originally posted by g//plaZma
Again, two of my teammates (clanmates) are among the top of the list on that stat server.
That's great & all but we're not talking about them, the fact that you know (for the sake of the arguement) good players doesn't compare with the majority of the people out there playing Duel mode. If whomever is or was a DS player & is or was all this & that, bring them forth & let them speak. I'd like to hear what they have to say.
Originally posted by g//plaZma
Yeah, you need to watch those jk2 demos...
No, you need to look at the server numbers - that's where I get my info. Look, I'm not saying that JK2 FF duel wasn't cool, I'm sure it was tit's city, but we're moving onto JK3 now & there really isn't a FF duel community for JK3. Servers have certain variables that they have viewable from the net, one of which is one called "g_forcePowerDisable" & that tells you what the server is set to. Comparing the Raven lists from tonight, you would get more JK2 NF duel servers than you would if you put the JK2 & JK3 FF duel servers together.
Originally posted by g//plaZma
Your comment was directed to the general public. Saying laming and disrespect is the same applies to me too.
My comment was directed towards someone else, it was posted in public but it doesn't change the facts.
let's do a quick recap. You said "
Ok, so I'm now labeled disrespectful because I've been banned many times from JK2 servers in the past for "laming." I get it now. Thanks for clearing that up"
". Now by stating "so I'm now labeled disrespectful" would lead anyone with common sense to believe that you were thinking that comment was directed towards you.
When it's someone elses name in the quotes - that's not to you.
And what I said was being disrespectful is lame. Is english not your first language? At this point, I'm not kidding. Is english seriously your first language?
Originally posted by MasterSidious
lol. Wow, ppl are oppinionated. Especially with the big posts. I feel I get really pissed sometimes at people in game too, but this doesn't mean that I want to ban them or hate them forever. I just move on as time goes by like I treat everything else.
Agreed. I don't hate the guy, I just thought what he did was uncool & he got what he deserved, next thing you know these 2 want to debate over pointless topics. Woteva.
Originally posted by MasterSidious
BTW Wade, how dare you you ****ing old school freak. Do not "chastize" or whatever for the use of the word "gay". Its "up-to-date" meaning is stupid, dumb or something along these lines. The word makes it so that when you're older you don't have to say things like, "You are stupid"(<------ not cool shizzy). So there's an explanation for the word gay. Its a new much better word. Use it and love it bitch.
lol. just goes to show you, people do use the word gay in that fashion.
Originally posted by Rumor
o yes i know a couple considering i have dueled ever since i started playing jk2.
Welcome to the club, what's the point?
Originally posted by Rumor
fatal and brutal? they are in my clan and i recruited them duh.
Yet again, your point?
Wait a sec, what are you doing Plazma? Bringing in clannies to agree with you to make it seem more like people agree with you & not me? lol.
Originally posted by Rumor
as for you knowing the mentality of duelers? you are obviously only around those that strictly adhere to the honor codez cuz tehy r teh leif.
I played on DS & other NF servers for the most part in JK2 & in JK3 it's the same area of gameplay just more of us now. It's no longer just DS which I think is great. When you hang out with a community everyday for over a year, I think you are entitled to make a fair essesment of what the majority of their opinions will be.
Originally posted by Rumor
that was a small portion of the community compared to the ones that hated that bull**** in jk2.
I'm not calling you a liar but if the FF duel community is as high as you seem to be making it out, why would it be any different for JK3? It just doesn't make sense & I have a hard time believing what you are saying is anything more than your own opinion. I look at the server numbers & speak on fact.
Originally posted by Rumor
of course you are teh allmighty marker you know everything.
Those are your words - not mine. I never played myself out that way, you just don't like what it is I am saying for whatever reason & this is the best form of rejection you could come up with.
Originally posted by Rumor
not in ja no. but those that us that were at the top of the game in jk2 know ff/so in and out and can easily take you down.
Ya, I keep hearing that alot yet everyone just talks & doesn't do anything to back their words.
Originally posted by Rumor
even though many of us have only booted up the game to test xmod and to do matches on TWL. funny how the top 2 teams on the ff/so tdm ladder never even play but when they have a match? funny how they are both teams that were in the top 3/4 for ff/so tdm in jk2? funny how the clans we've faced have practiced day in and day out with this game but we continually rape their pink sphincters?
Again, more talk. Have some of your "top of the ladder" boys go against some of the DS top 10 & come & talk to me. It's all a load of BS to me until that glorious moment.
Originally posted by WadeV1589
MasterSidious...I live in the 21st century too and that is certainly not a word for stupid. It originally meant happy, then it became the word for homosexual - words do change. It still
the word for homosexual and so to use it to mean "stupid" as well is extremely rude and ignorant.
I have no idea where you got that idea from but that was my point, some people honestly believe it is fine to use it in that context when it really is not.
It's slang dude, like you would say playing a video is cool. The word cool has nothing to do with doing something fun or enjoyable but if you look it up in the dictionary, it states it is a slang term for something similar to that. They just don't list gay as a slang term for non-cool because it's derogatory. if they were to add it, gays would go nuts (no punt intended). :-)
Originally posted by FK | unnamed
I think people who bitch about laming/no honor/bowing are just drama queens looking for attention.
Everyone's entitled to their own opinion.
Originally posted by FK | unnamed
I mean really, it's just a ****ing video game.
The video game is irrelevent, being a jagoff is being a jagoff. I knew the guy knew people would take it that way & he got what was coming to him. It was pretty cool.
Originally posted by FK | unnamed
Who gives two ***** if some guy violates your silly little made up role playing virtual code of ethics?
Alot of people. You'd be surprised. It's not like I'm saying "
you must bow before battle
", what I'm saying is don't be premature, take 5 seconds out of your busy schedule & let your opponent bow. What's so bad about that?
Look, anyone can say anything they like. This is just the way the majority of the Duel mod community feels & nothing is going to change that. If you can't wait 5 seconds, people are going to think you're a prick. Again, NOTHING is going to change that.
Originally posted by FK | unnamed
Damn, why is it so hard for some of you to just play the game and leave the little girl drama at home?
Actually this is getting to be much too much. I'm trying to get these 2 to see where I'm coming from but it's becoming appearent that all they realistically want is to complain.
Originally posted by Darth Kaan
Simple. Run a pure server, use XMOD and ban all whiners.
I doubt XMod will continue to keep going but more power to them. That's one of the few coders I don't know (at least I don't think).
Server purity is not going to stop a 3rd party proggy. 3rd part proggies do things like aim for you & whatnot. There are ways around that though.
I'm beginning to come to the conclusion that if you ban all the whiners, you'll have a low traffic rate (lol).
Originally posted by WadeV1589
Firstly you had to insult me didn't you?
Originally posted by WadeV1589
Did I ever say it is OK? No.
Did we? Just because we use the word ourselves doesn't mean we are saying it's okay. Alot of people do things they think are wrong like smoking, eating fatty foods, cursing, etc; etc. yet they do them anyway.
Originally posted by WadeV1589
Don't argue with someone who has a firm grasp of the english language and who's trying to point out prejudism. You make yourself out to be a fool in both instances if you ignore this advice.
Please listen to what I am saying. We're not saying using the word in that derogatory fashion is okay, we're not saying that it isn't even a prejudist thing to say (which actually gets used so much you don't even mean it in that fasion but it does come out like that), all we are saying is that using the word in that fashion is common place & you were saying that it's not. That's all - nothing more. Right or wrong, that's just the way it is.
Originally posted by Prime
Eh? Understand what?
Understand that attacking while bowing is a cheap thing to do.
Originally posted by Prime
I understand that bowing and then calling people names is not the way to show respect.
I wasn't trying to show respect, the guy did something he knew damn well would be taken in that fashion & didn't care so he got what he deserved. Everyone else in the room at the time either agreed with me or didn't oppose.
Originally posted by Prime
And how do you know when, where, and how often I play?
I play Duel mode everyday & I have since JK2 started. I know n00bs that at least understand the concept of not attacking while bowing, the fact that you don't shows how much you play; Again, in Duel mode at the very least.
Originally posted by Prime
And really, what does it matter in this case?
If you were a Duel mode player, you would understand & wouldn't have even asked the question.
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Originally posted by TK8252MJL
EniaC, please look up "pwn" and "n00b" in the dictionary, exactly how they are spelt. Does it really matter what some dictionary says about video game lingo?
nah, I'll pass.
btw: Does it really matter
say about video game lingo...yeah, I didn't think so. Webster has much more say than you, in my book.
The word lame is not video game lingo, maybe I should have spelled it out.
I use the word for its true meaning, or should I change the meaning to suit my fascist ways like you "honor" folks do?
I was trying to make a point that people who throw around the word loosley don't have a clue what there calling other people who don't know video game lingo.
A 13 yr old comes on a server and gets called a lamer newbie (or whatever you call kids trying to enjoy themselves these days).
You really think they understand?
, and you are clearly
not in the know
Grow up and have true respect(honor) for other people.
I was flamed for thinking that the "honorcode" thingy was right,
deal with it, or change your ways.
but if you want to use the deffinition of lame as video game lingo:
-chatting while people are dueling on a
-using racial slurs
-bashing women
-bashing countries for how their servers are
-making 13 year old kids bow to the almighty Jedi Master.
-whining because I kick your a** using crouch, force pull, saber throw and all the other moves the
developers put in the game
-just the all out un-welcome feeling people get in this f**ked up JA MP community(I am refering to both sides).
I'm sorry that my standards of human respect are higher than yours....oh wait...no I'm not.
I don't really play the game that much anymore (except Chop Shop, thx Amidala for keepin it real)
I went back to playing RTCW and started playing ET, a real MP community where the only whining are people complaining about spawn killing (what good is the mortar if you can't spawn kill?, sorry offtopic).
I'm done typing, I'm boring myself with the repeatitiveness.
last note: think of all the kids your brainwashing with your idealism, who just want to have fun, yeah that takes some serious elite skills, doesn't it?
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Keep on Rationalizing o' Patron Saint of Sportsmanship
Originally posted by Marker0077
First off, I never said that saying those things was respectful.
What exactly
you trying to say? Two wrongs make a right? What was the purpose of posting this thread to begin with? Were you expecting a round of "atta boy!" ego-stroking pats on the back?
Golly, you must be disappointed. Too bad this massive "majority of Duel mode players" remains mostly silent in your defense. (Maybe it's just past their bedtimes?)
Originally posted by Marker0077
Ya, we all know how lame it is for an adult to play a video game. :-/
Tell me about it... I'm 34 and most of my contemporaries think it's pretty lame. Heck most think Star Wars and even science fiction in general is pretty laughable. But you'd know that already if you didn't spend x amount of hours "almost everyday for a year or so" playing with 14 year olds.
Originally posted by Marker0077
...do you think most family households are the Brady Bunch? Moms don't curse at Dads & vice versa, etc; etc? You think seeing those words online once in a blue moon is going to cause another Columbine incedent? Get a grip man. It's not that big of a deal.
Well since I don't know Michael Jackson personally, I suppose you ARE the next best thing to an expert. But once in a blue moon? From your
description, it sounded a heck of a lot more frequent than that.
As for what is and isn't a big deal... which category do you think someone
to attack your poor little "virtual Jedi" whilst he was in mid-bow falls under?
Originally posted by Marker0077
So because I use common place terminology that makes me homophobic?
Previously posted by Marker0077
Saying gay like that is just another way of saying lame because IMO (& most others) being gay is lame...
In some communities, ******, spick, chink & kyke are "common place terminology." Why don't you take
ball and run with it? Impress us all with what a super kewl d00d you really are.
Originally posted by Marker0077
If you don't get it then I doubt you would get an explination either.
A condescending remark is a whole lot more effective with proper spelling. (BTW, an analogy
a comparison. Sorry if I don't see the relevance of someone physically assaulting my wife in public to playing a stupid video game.)
Originally posted by Marker0077
Actually at some point they would have to, but that doesn't mean they would agree with it.
Prolly good a time as any to start calling each other "cheap homo f00kn gh3y b!tches" right?
Honestly, would your "vengeance" have been any less sweet had you beat your opponent purely through repeated victory? Perhaps your "trash talk" is nothing more than a crutch for lack of talent? More than likely, it's just an immature self-indulgence to gain you "props" amongst the 14 year olds.
I'm not impressed.
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I count more than me and one other Mark.
You have so many valid points you have to quote to fill each and every message up.
You are homophobic.
I don't care if the president says "calling people gay as an insult is ok"...it's not, because some people believe it is does not make it ok! Get it out of your head because you believe it's ok it's ok. It's not, grow up in that respect....how many people have said that to you in this thread? Almost everyone now.
You are an insult to duelers not someone to stand for them, you're so sure you're right in everything you're a fool.
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Wow, leave it to a post concerning "honor" gameplay to ruffle the feathers around here.
Remember, you can't stop other people from doing what they want. You just have to adapt to the gaming environment. Find some servers that cater to your type of play and add them to your favorites. If you're not sure, go to "Spectator" mode and follow some people around for a bit. If it turns out that you don't like the conduct of the server, no one's stopping you from disconnecting and finding another server. With all the numerous servers out there, you're bound to find at least a few that you like.
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I almost forgot, don't EVER use America's freedom of speech as a shield when you're talking about insults. You may be in a country with apparent freedom of speech but you should have personal etiquette. You're more than happy to tell people what to do but if someone says to you "don't use gay as an insult"..instantly dismissed.
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Another thread down the tubes, my friends. A few things I'd like to point out:
- If I see someone say "honor", "old school", or "laming", I think you take video games too seriously.
- Just a videogame. Excessive flaming of each other not only makes me think you're an idiot, but also verifies for the rest of the community.
And to stop you people from
making jackasses out of yourselves, the thread's closed. Keep your personal bitching to PMs where I don't have to read them.
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Gone are the days where only means for doing business was with face-to-face interaction. Hardly, a decade ago the means of communication were quite limited and reaching the potential customers was quite restricted. But, now scenario has changed completely. These days mobile marketing has become an … [Read more...]
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Social Media Marketing Vs. Traditional Marketing
Entrepreneurs are some of the most creative people you'll find, but many hesitate to try new things. Ironically, the resistance to change goes against the entrepreneurial spirit, but we're all creatures of habit. You've heard about social media marketing, and dabbled in it a bit, but you may not be … [Read more...]
How to Advertise on Facebook through a User Friendly Interface
Advertising on Facebook can be somewhat of hassle, especially when you have a serious amount of ads you'd like to test perhaps with different copy, different targeting and so on. Facebook's web interface is often slow and never particularly easy to use. Because of this, many agencies and larger … [Read more...]
Stricter School Requirements for Social Media Savvy Students
One of the most important skills for job seekers is familiarity, skill, and savvy with social media. A working knowledge of how to use sites like Facebook, Twitter and Google+ to enhance a company's marketing strategy is sought after by many employers in today's market. This trend is prompting … [Read more...]
Pinterest Marketing: 3 Ways To Maximize Pinterest Traffic Easily
What motivated you to join Pinterest? Was it your personal decision, or the news of how people can drive potential consumers from this social network? No matter the motivating factor, it's time we look at how to maximize the traffic we generate from this network. It's no longer news that a … [Read more...]
Pinterest Updates Terms of Service: What That Means for You
Pinterest is the newest internet sensation. A combination of social media and photography swapping, Pinterest is something bold and new and also profitable. Between January and February of this year, its traffic increased by 52 percent. That's quite a leap, and tells a lot about the growing … [Read more...]
Twitter SPAM Software In Trouble
Twitter is fed up with spam and wants to send a strong message to those violating their terms with the assistance of law enforcement. Last week on Thursday, Twitter officially filed a suit aimed at five internet marketing tools and providers that supposedly make it easier to spam other users on … [Read more...]
Pinterest Marketing Strategies To Drive Targeted Traffic
Your online marketing targets can be achieved by using power of social media network. Pinterest and Twitter are such two powerful social media systems which can help achieve your online marketing dreams come true. Pinterest is a like an online pinboard it aims at social networking as well as online … [Read more...]
P2P, Web Marketing and Legality? — BTDigg Has The Answer
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Facebook Buys Instagram For 1 Billion Dollars
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subset: commoncrawl


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Assignment: share your quick and easy list of meal ideas for future use.
Thursday, February 14, 2013
Well, here are my quick and easy goto meals. They are quick because I chop, steam, or roast and store veggies when I come home from the store. I always roast a bunch of carrots, tomatoes, a winter squash, a small casserole of peeled garlic, and beets if they are available. I always have Josephs pita bread (60 calories) or xtreme Wellness Spinach tortillas. Lots of fiber in either one. I also bake rice a cup at a time for 4 servings and store for vegetable plates or salads. I prefer aromatic brown rice mixtures from Lundberg. Christmas, Weihani, Golden Rose Brown, Brown Jasmine and Black Japonica are favorites.
Then during the week, most things are already cooked and are combined into cold salads or warmed for vegetable plates.
1. Salad of greens, strawberries, onions, cacao nibs, white kidney beans or chick peas, colavita basalmic vinegar
2. Salad of greens, 2 clementine cuties, onions, almonds, mini sweet peppers sliced into wheels, brussels sprouts
3. Salad of steamed edamame out of shell, tomatoes, black olives, onion, artichoke leaves
4. Vegetable plate of roasted carrots, winter squash or sweet potato, steamed broccoli, beets and an aromatic rice or beans or nuts.
5. Rice salad: 1 c. aromatic rice, 1 c. halved grapes or sweet cherries, .5 cup chobani no fat Greek Yogurt, chopped celery, cinnamon, nutmeg, walnuts
6. Breakfast fruit bowl: 1 cup of 2 different fruits, 1 T ground flax or chia, .5 - 1 ounce almonds or walnuts. If I microwave a frozen berry or cherries, I mix the juice with .5 c. Chobani no fat yogurt and add cinnamon and nutmeg before topping the fruit.
7. Pita Pizzas
Savory: spread roasted garlic, then roasted tomato. Top with sweet pepper wheels, onion, olives, gouda or jarlsberg light. Heat 10 minutes.
Fruit: spread with laughing cow swiss or yogurt mixed with cinnamon. Top with blueberries, apples, cherries, or grapes and chopped walnuts. (no cooking) Another option here is caramelized sliced pears and onions on the pita spread with LC swiss.
8. Spaghetti: Do a stir fry of lentil sprouts, onions, pepper wheels, roasted garlic and tomatoes. Heat already cooked spaghetti squash. Top. sprinkle with grated parmesan if desired. Serve with sprouted barley bread.
Remember the tea and water glass.
Note: It might seem a lot of work to do all that prep when coming home from the grocery store. But I fill the oven and roast everything all at once.
All the peeling, chopping, cleaning up mess happens once a week. I only have to clean up the cutting board and food processor once, only rinsing between each new veggie getting chopped. Steaming each vegetable is a little more time consuming, but I line up 5 bowls with broccoli, brussels sprouts, edamame, and asparagus. I cover 1 with a plate and zap for 4 minutes. While the next one cooks, I'm packaging the first.
By the time the roasted veggies are done, I have the other veggies chopped and stored steamed or raw. Then I package the roasted veggies and meals are a breeze.
Have you ever roasted your own tomatoes and onions? The first time I did that, I was just about ready to eat the whole kitchen by the time it finished roasting. So I mixed 12 roasted tomatoes with about 24 cloves of roasted garlic and ate them all for supper. I still have to eat that on grocery night, but I usually just use 3 - 4 roma tomatoes with some garlic for the meal and eat it on spaghetti squash with steamed broccoli and some black olives. Absolutely to die for.
I even think that's the easiest dip for a party: roasted tomato, garlic, onion, and black olives. Serve with those baked crackers from the health food store. Choose those wisely and it's all anti-angiogenic.
Use the links in the resources forum at my team page to learn more about anti-angiogenic foods and their benefits to your health.
I have also been saving my recipes and also some written by others at SP recipes in my Anti-Angiogenic Recipe collection at
Hope you find some easy healthy choices that you can add to your "Goto" collection.
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Easy to make and store recipes are the best
1231 days ago
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What a wonderful blog. I got hungry reading about your meals. I wish I could stay with you and learn for a week or so!
You could start food & cooking weekends / retreats for people wanting to learn 'Bravelutes's anti-angiogenic lifestyle'! :)
1232 days ago
Comment edited on: 2/14/2013 3:15:12 PM
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Wow! You are more ambitious than me.
1232 days ago
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I have a linux server that supports only ipv4 and an IPv6 client. How should I use tunneling or NAT to get the connectivity done from ipv6 client to the ipv4 server? Client is a softphone that sends register requests to server and server has ipv4 address
You can't do that, it are two different protocols. You can tunnel through IPv4 and IPv6, but you can not get an IPv4 address to talk to an IPv6 address. Beginning and end point need to be the same protocol.
You have two options, either use IPv6 on your linux machine (you can use SIXXS) or provide IPv4 connectivity on your phone.
I think the most useful solution would be to deploy a DNS64/NAT64 box at the edge of the IPv6 network. This will NAT the IPv6 client to IPv4 so it can reach the server. You need to be in control of the client's network though...


text: Bisphenol A (BPA), an extraordinarily common chemical found in items such as food and drink cans, plastic containers and paper receipts and tickets, may be to blame. In the online journal PLoS One, Spanish researchers reported that exposing human pancreatic cells to minute amounts of BPA caused them to release nearly double the insulin necessary to metabolize a meal. Over time, this excess insulin may encourage the body to store more calories as fat, boosting your waistline. Most Americans probably have BPA circulating at higher levels in the blood than the amount in the study, says Hugh Taylor, MD, a reproductive endocrinologist at Yale University. To reduce your exposure to the chemical, choose fresh foods over canned goods, reheat leftovers in nonplastic containers and order tickets online so you can print them at home on BPA-free paper.


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Contact: Nithin Coca - (415) 977-5761
SAN FRANCISCO, CA - This week, the celebrated new Ken Burns series, The National Parks: America's Best Idea, airs on PBS for the first time. The series highlights the Sierra Club's long history in helping preserve America's wild legacy through the national parks system.
"This series is a celebration of the natural treasures that make America unique. In his quest to protect places like Yosemite, our founder John Muir faced daunting opposition from those who stood to profit from plundering our natural treasures," said Sierra Club Executive Director Carl Pope. "We face those same forces today, as we fight to protect America's wildlife, forests, mountains, air and water for future generations. We are fortunate to have Muir's example to guide us and inspire us."
In celebration of the series, this week Sierra Club is calling on 100,000 people to stand up as Champions for National Parks. Park lovers can sign up at http://www.sierraclub.org/ and register to win a trip to Yosemite and San Francisco.
The Ken Burns series is bringing unprecedented attention to the importance of our national parks. Last week, Sierra Club activists organized over 700 parties around the country, where citizens watched sneak previews of the series and wrote letters to Secretary of the Interior Ken Salazar asking him to make it a priority to protect America's national parks from global warming.
"This documentary makes it more clear than ever that we shouldn't take "America's Best Idea" for granted," said Pope. "It's our job now to protect America's Best Idea for future generations. The biggest threat facing our parks today is global warming. In Yellowstone, grizzlies are watching their food source decline as a result of warmer temperatures. The glaciers in Glacier National Park are receding at an alarming rate, and scientists say Joshua trees could disappear from Joshua Tree National Park. We must act swiftly to protect these places for our children and grandchildren "
Through its Resilient Habitats campaign, the Sierra Club has been working to ensure that federal agencies like the National Park Service make it a priority to protect America's public lands and wildlife from global warming.
Part two of the Ken Burns series airs tonight. Founded in 1892 and with a long history of protecting public lands, Sierra Club is featured prominently in the Ken Burns series. For more about the documentary and National Parks, visit http://www.sierraclub.org/parks/.
For more about the Sierra Club Resilient Habitats campaign, go to: www.sierraclub.org/resilienthabitat


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"Teen Mom" star Chelsea Houska has been spending the previous seasons chasing after Adam Lind, but he has always kept his distance. Even though he tried to convince her that he was there to stay, it didn't take long for him to change his mind and hang out with new girls. And now, it sounds like she is finally ready to admit that he won't be changing. According to a new Wetpaint Entertainment report published on Jan. 13, "Teen Mom" star Chelsea Houska is now revealing that things have not changed with Adam.
Chelsea is revealing that Adam hasn't changed, even though he is spending time with Taylor Halbur and their daughter. "No [he hasn't turned over a new leaf]. They know that you guys are gonna go off of what they post on the internet," she dished at the "Teen Mom" press day in New York City. "I know the back story, I know what's really going on, and it's not as good as you think. I read these articles and I'm like, if you guys only knew!"
Of course, Adam doesn't have Twitter so fans don't know exactly what has been going on. Chelsea will probably show some of the things on this final season of the show, but hopefully she has let go of any chance of him being with her. "Him and Taylor, off and on," she revealed. "When they do see Aubree they're going to take a bunch of pictures and they're going to post them because they want people think that's how it is."
What do you think of her comments about Adam?


text: I see taskmanager on my remote machine. i have no problem. If you tell us what os you are using and what is your setup perhap someone here can help you. - Linux users don't see their mousepointer moving when their machine is taken over Xvnc is not like WinVNC. Xvnc is more like a terminal server. I will be horrified if somehow the linux user can see the mousepointer moving when i move it remotely. -----Original Message----- From: Anouk Kuiling [mailto:akuiling "at" home.nl] Sent: Sunday, August 12, 2001 12:29 PM To: vnc-list "at" uk.research.att.com Subject: Taskmanager and a comments about VNC <snipped> --------------------------------------------------------------------- To unsubscribe, send a message with the line: unsubscribe vnc-list to majordomo "at" uk.research.att.com See also: http://www.uk.research.att.com/vnc/intouch.html ---------------------------------------------------------------------


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Scientific Misconduct Is Jeopardizing the Quality...
To Conduct Cellular Censuses Sequence Deeply...
Widespread Adoption of Biomarkers Has Been...
Diseases of the Eye That Cause...
Genzyme says that its combination treatment of Campath® and Fludara® (FluCAM) for chronic lymphocytic leukemia (CLL) fared better than Fludara alone in Phase III trials. Based on the study's positive preliminary findings, Genzyme intends to seek regulatory approvals to further broaden the Campath label to include its use along with Fludara.
This data comes from a planned second interim analysis, and final efficacy and safety data from the study are expected to be available in the second half of 2010. The trial's data-safety monitoring panel recommended early closure of the study as it had achieved the prespecified clinical and statistical significance in progression free survival (PFS), the study's primary endpoint.
Response data thus far indicates that the FluCAM combination provided significantly higher overall and complete response rates compared to Fludara alone, both secondary endpoints. Another secondary target of overall survival, however, did not reach significance.
The median PFS was 29.6 months for patients on the FluCAM regimen compared to 20.7 months for those on Fludara, reducing the risk of disease progression or death by 39%. In the subgroup of patients with advanced, Rai stage III-IV CLL, the median PFS was 26.1 months for FluCAM and 12.1 months for Fludara. In addition, the overall response rate of patients on FluCAM was 84.8% compared to 67.9% on Fludara. The complete response rate was 30.4% on FluCAM versus 16.4% on Fludara.
"There are limited published randomized trial data evaluating treatment regimens specifically in the second-line setting for patients with chronic lymphocytic leukemia, contributing to the wide variability in treatment patterns seen in this setting," points out Cyndi Sirard, M.D., medical director, Genzyme transplant and oncology. "The trial advances our understanding of how to use Campath in combination with Fludara and may offer an alternative to existing regimens used in this setting."
The Phase III study was a multicenter, international, open-label, randomized trial that included 335 patients with progressive Rai stage I-IV CLL. It investigated whether treatment of patients with relapsed or refractory CLL with FluCAM was more beneficial than treatment with Fludara alone. Patients in the trial received one prior therapy, and those who were refractory to Fludara or Campath were excluded. FluCAM patients received Campath in escalating doses of 3, 10, and 30 mg IV. The patients then received Fludara at 30 mg/m2 IV followed by Campath at 30 mg IV every 28 days for up to six cycles. Patients in the Fludara arm received Fludara at 25 mg/m2 IV daily for five consecutive days every 28 days for up to six cycles.
Campath is a humanized mAb that binds to CD52 on cell surfaces and directs the body's immune system to destroy those cells. It is the first and only monoclonal antibody approved by the FDA for the treatment of patients with B-cell CLL. Fludara, a purine nucleotide analog, inhibits the synthesis of new DNA, thus preventing leukemia cells from multiplying.
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Possible Duplicate:
Can I extract a specific folder using tar to another folder?
I am new to world of Linux and would like to know if I can extract a specific file or directory by giving it a new name or path. For example if my archive has the folders sample1, sample2 and sample3, I would like to be able to extract sample3 however as sample4. The same question applies to files.


text: Management of acute pain in the Emergency Department is frequently inadequate. Considering the practice environment, the ebb and flow of workload, and the heterogenous presentations, this is not surprising. On the inpatient side of things, many patients with acute, severe pain receive patient-controlled analgesia. So, this is a randomized, controlled trial of PCA vs. conventional, untitrated boluses in the ED.


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Security tight at Uptown Theater ahead of President Obama's speech on the economy
At the Uptown Theater, members of President Barack Obama's security team conducted a full security sweep at 6 a.m.
Several Kansas City Police Officers crowded around the theater and police tape and barriers lined the street.
The 1,000 people who secured a ticket for Wednesday morning's speech will be able to get into the doors at 8:30 a.m.
Dozens of people with tickets lined up outside the theater Tuesday evening. They're hoping to get a good seat inside the theater.
RELATED: Complete coverage of President Obama's visit to Kansas City
The President's speech will focus on the economy. He's expected to highlight his own economic policies, and hopes to draw a contrast between what House Republicans have planned today.
White House Press Secretary Josh Earnest tells 41 Action News Republicans in the House will vote Wednesday on whether they should file a taxpayer-funded lawsuit against the President for his decision not to enforce portions of the Affordable Care Act.
During his speech, the President will recognize some local residents who joined him for dinner Tuesday night.
"There's no specific new policy announcement that the President will be prepared to make tomorrow, but I think what you can expect to hear the President talk about is the experience that he had the night before of meeting with these middle-class families from Kansas City that had written him a letter," Ernest explained. "So he'll use their story to tell a story about what he's fighting for in Washington."
Security staff told us the security procedures will be very tight at the door. Everyone will need an ID in-hand. Large bags, banners and signs will not be allowed.
People headed inside Uptown Theater can expect a screening similar to what you're used to at the airport.


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Describes the preliminary findings of IMF staff at the conclusion of certain missions (official staff visits, in most cases to member countries). Missions are undertaken as part of regular (usually annual) consultations under Article IV of the IMF's Articles of Agreement, in the context of a request to use IMF resources (borrow from the IMF), as part of discussions of staff monitored programs, and as part of other staff reviews of economic developments.
2012 Article IV Consultation with Japan
June 12, 2012
Concluding Statement of the IMF Mission
The Japanese economy has shown remarkable resilience and adaptability in the aftermath of the Great East Japan earthquake and is now experiencing a recovery. Risks, however, have shifted decidedly to the downside, with the turmoil in Europe intensifying and other advanced and key emerging market economies showing signs of slowing. Moreover, to address the longstanding challenges of high public debt, low growth, and deflation, Japan needs to move forcefully on many fronts to take advantage of synergies among policies. The immediate priority is passage of the current tax and social security reform, which would bolster confidence and help create a more conducive environment for monetary easing. It would also help maintain financial sector stability, given increased fiscal and financial sector linkages. An exit from deflation and accelerated structural reforms would raise growth and support fiscal adjustment. This statement summarizes the findings of the Article IV consultation and the recent Financial Sector Assessment Program (FSAP) Update.
I. Outlook and Risks
1. Despite the devastation of the earthquake and tsunami, the impact on growth proved to be shortlived. Real GDP declined by ¾ percent in 2011 but grew at an annualized rate of 4¾ percent in the first quarter of 2012. Moreover, the financial sector has remained stable and the current account has continued to record a sizeable surplus.
2. Looking ahead, reconstruction will drive the recovery. Growth is expected to reach about 2 percent in 2012 supported by public reconstruction spending of around 1½ percent of GDP and a recovery in consumer demand (text table). A weak external environment, especially in Europe, is likely to dampen demand for exports and weigh on business sentiment. For 2013, real GDP growth is projected to slow slightly to 1¾ percent as reconstruction winds down. While headline inflation has risen modestly, IMF staff expect inflation to remain around zero in the next two years, under current policies, as a result of the still wide output gap and declining commodity prices.
3. Risks to the outlook have shifted decidedly to the downside. An escalation of the European turmoil or a sharper-than-expected slowing of the Chinese economy would hurt Japanese exports and growth. Moreover, an intensification of the flight to safety in financial markets could lead to exchange rate volatility, further appreciate the yen and depress equity prices and business and consumer confidence. With the complete closure of all nuclear plants, an unusually hot summer could disrupt economic activity. This risk would be mitigated, however, by the extent of conservation efforts already being taken. On the upside, a faster than expected recovery in Japanese consumer and business sentiment would lift domestic demand, while a reopening of some nuclear power plants would limit the disruption in economic activity.


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'Dogs Back On the Road
The Fresno State volleyball team (6-18, 1-9) takes the road once again to continue their second half of the Mountain West Conference slate playing San Jose State (3-20, 0-10) this Thursday, Oct. 30 and UNLV (19-5, 7-2) on Saturday, Nov. 1.
Bulldogs Pick Up Fifth Straight AVCA Team Academic Award
Fresno State is the lone MW volleyball team to be honored with a +3.30 team GPA for the 2013-14 season.
Franks and Wild Ink European Professional Contracts
The recent graduates look ahead to their first post-collegiate action with teams in France and Sweden.
Bulldogs Dole Out Awards at Season-End Banquet
Seniors Albertson, Brand, Franks & Wild are honored among the three awards announced.
Bulldogs Lead MW Volleyball with 12 Academic All-MW Honors
Eight Bulldogs now sport multiple career honors, including three with three or more laurels.
Bulldogs Pound San Diego State
VB vs San Diego State
New Mexico Match (10/17/13)
New Mexico Match (10/17/13) - Photos by Geoff Thurner, Copyright 2013.
Fresno-State Nevada Volleyball Match (10/12/13)
Fresno-State Nevada Volleyball Match (10/12/13)
MW Newcomer of the Year (2013)
UC Irvine Tournament MVP (2013)
Portland Nike All-Tournament Team (2013)
Fresno State Invitational All-Tournament Team (2013)
Academic All-MW (2013)
2013 (SENIOR): The MW Newcomer of the Year ranked top 20 in the MW in aces (fourth, 0.31 p/s), points (eighth, 3.52 p/s) and kills (17th, 2.80 p/s) and 163rd nationally in aces ... among team stats, topped team in season averages for aces, and stood second in blocks and points and third in kills ... the 31-match starter logged 17 double-digit kill totals on the campaign, and had 10 matches with multiple aces ... in her first season for the `Dogs after transferring from Cal Poly, boosted the offense with team match highs in kills in 10 matches, and likewise in a similar # of matches in aces (10), blocks (8), points (7) and hitting (4) ... in late September, she logged her season high in kills and points vs. Utah State (20/24) - and the latter was a team best for a non-five-set match in `2013 - and also topped the team in points that same weekend vs. Boise State (22) ... her eight blocks vs. Utah State was her season high and one off the team season high, and her three aces tied the team's fourth-best total in 2013 ... in mid-September, she was tabbed the UC Irvine Tournament MVP after she posted then-season highs in kills (18) and points (21.5) vs. the Anteaters ... the weekend before, her seven aces vs. Wichita State set a new school record and helped her earn Portland Nike Invitational all-tourney honors ... he posted the team's second-best aces mark of `13 vs. SJSU (5) in three sets in October ... she claimed Fresno State Invitational all-tourney honors opening weekend after she hit a season high vs. CS Northridge (.400) - one of seven +.300 totals in 2013, including a season-high .455 in a sweep at Wyoming.
PRIOR TO FRESNO STATE: She played three seasons at Cal Poly.
2012 (Junior): Appeared in all 108 sets and made 19 starts ... led the team with 2.9 kills per set and a total of 318 kills ... hit .191 on the year ... recorded 10 aces, 63 digs (0.58 dps) and 39 blocks (0.36 bps) ... tallied a season-high 21 kills against Pacific ... recorded 12 kills in a match against UC Irvine ... earned all-tournament honors at Utah and USC.
2010 (Sophomore): Played in 23 matches and 91 sets as a sophomore ... averaged 1.6 kills and 0.6 blocks per set ... added 0.6 digs while hitting .194 ... recorded a season-high 13 kills at UC Santa Barbara ... totaled four matches with 10 or more kills ... recorded a season-high of seven blocks against BYU.
2009 (Freshman): Played in 28 matches and 84 sets as a true freshman ... averaged 1.9 kills and 0.3 blocks per set, hitting .201 ... hit a season-high .556 (11 kills 18 swings and 1 error) at Denver ... added a second match of .417 against Cal State Northridge ... recorded a season-high 17 kills against Weber State and added 16 kills at BYU ... dished out seven assists in a five-set match against BYU ... dished out three assists at Colorado ... had a season-high 11 digs against Weber State and served up two aces against Pacific ... had a season-high six blocks at BYU (one solo and five assisted).
HIGH SCHOOL: Three-year letter winner for the Chieftans and a three-time All-North Sequoia League honoree ... led program with 2.3 kills and 0.8 aces per set as a senior ... named NSL Most Valuable Player as a junior in 2007 after averaging 2.3 kills and 1.2 blocks per set and recording 29 aces ... earned three letters in basketball and named NSL Most Valuable Player for the 2007-08 campaign ... also a four-time letterwinner in track and field.
PERSONAL: Born March 19, 1991 ... parents are Gene and Marlyce Franks ... has one brother, Steven ... hobbies include, traveling, going to the beach, snowboarding and watching movies ... admires her parents because they support her in everything she does.
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The Digital Drop Box is a tool that the Instructor and Students can use to exchange files. The Digital Drop Box works by uploading a file from a disk or a computer to a depository. Files can be sent back and forth from the Instructor's Drop Box to the Drop Box of other users in the course.
Individual Student access to the Drop Box is available from the Digital Drop Box area located in the Course menu on the course Web site. Instructors must access their Drop Box from the Course Control Panel.
Note: The Digital Drop Box is used to exchange materials between individual Students and the Instructor. Information that needs to be posted for all Students should be placed in a Course Content Area.
To open the Digital Drop Box, click Digital Drop Box in Course Tools area on the Course Control Panel.
The functions available on this page are described in the table below.
To . . .
click . . .
add a file
Add File. The Add File page will appear.
send a file
Send File. The Send File to Students page will appear.
remove a file
Remove next to the file that is to be removed.
A warning pop-up window will appear. Removing a file permanently deletes the file from the Instructor Drop Box.


text:
[SIC] Student Arts Journal
Browse by
Questions or comments on this site? Please email email@example.com.
[SIC] Student Arts Journal
Browse by Titles
A Grey-Brown Bird Sings to Me of the End
A Lost Droplet of Water (For Agata)
A Novel in Progress: Chapters Four and Five
A question of worth to a man who has none left:
After the Sparkle: Pixel Dust Remix
An Incomplete Education: The Interview [sic] on Patrick F. Parsons
An Overcast Day: Dexter Avenue Baptist Church
And on the empty canvas I should paint


text:
Herbert Louis McMath
Position: DT-DE
Height: 6-4 Weight: 248 lbs.
Born: September 6, 1954 in Coahoma, MS
High School: Springfield Southeast
College: Morningside
Drafted by the Oakland Raiders in the 4th round (110th overall) of the 1976 NFL Draft.
Weighted Career AV (100-95-...): 6 (8785th overall since 1950)
Sponsor this page for $5 and help Pro-Football-Reference.com provide this service. Your message will replace this ad.
Output includes all games from 1920 to 2015.


text:
College Hockey:Top-ranked Tigers settle for a tie with Minnesota-Duluth
COLORADO SPRINGS, Colo. — Colorado College moved to within one point of first place in the WCHA standings after battling to a 3-3 tie with Minnesota-Duluth on Friday night at the World Arena.
The Tigers appeared ready to grab a share of the lead with Wisconsin after Joey Crabb's power-play goal gave CC a 3-1 lead with 9:41 remaining in the second period, but the Bulldogs rallied to tie the game with a pair of goals in a span of 3:04 late in the frame.
"It was a hard-fought point," CC head coach Scott Owens, whose team extended its undefeated streak to 11 games (9-0-2). "I'm disappointed that we didn't win, but we could have lost."
UMD had a chance to claim its biggest win of the season late in the third period when the Bulldogs had a 4:49 power play after CC's Jimmy Kilpatrick was ejected for spearing. The Tigers allowed just four shots while shorthanded.
Jack Hillen and Brett Sterling scored CC's first two goals. Duluth got tallies from Evan Schwabe, Josh Miskovich and Travis Gawryletz.
"I thought Duluth was pretty good tonight," Owens said. "I've heard they've had a hard time this season, but they're a good team. This is a huge point for us."
The two teams will face off again on Saturday night.
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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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You might have noticed that every badass antihero ever wields two guns and a long trenchcoat. Well, before all those guys were even a twinkle in their momma's eye there was The Shadow. That's right, long before the playboy by day, superhero by night archetype originated with The Shadow, who was Lamont Cranston when he wasn't scaring the bejeezus out of bad guys. If you were ever wondering where to get The Shadow in miniature form, look no further! Bob Ridolfi's The Black Mist fits the bill perfectly.
That said, The Shadow's a pretty simple sculpt: black trench coat, black and red cape, red scarf, two pistols. Doesn't matter, The Shadow -- excuse me, The Black Mist -- is in a class all his own. If you're not inclined to include The Shadow in your campaign, then he would make a suitable villain. But I wouldn't recommend it. HE might find out.
"Who knows what evil lurks in the hearts of men? The...uh, Black Mist knows..."
You can purchase this miniature at Amazon.
Want more? Subscribe to this column; follow me on Facebook, Twitter, Google+, Pinterest, and the web; buy my books: The Evolution of Fantasy Role-Playing Games, The Well of Stars, and Awfully Familiar. Become an Examiner and get paid to write today!


text:
John Tomich
Professor of biochemistry
John Tomich wears many hats at Kansas State University. As a biochemistry faculty member he conducts National Institutes of Health-funded research on synthetic peptides with interesting activities. His primary interest is in the area of channel forming peptides.
His lab has developed more than 200 sequences that show varied ion transport activity in synthetic membranes as well as cultured epithelial cells and animals. One set of peptide shows promise in allowing the selective transport of chloride ions across cells. These peptides show promise in restoring the chloride imbalance seen in patients that suffer cystic fibrosis. Another set of peptides temporarily alters the barrier function of epithelial cells. These sequences are currently being investigated as possible transport activators in epithelium. Pretreatment of cells with the peptide facilitates the transport of drugs or helpful molecules that are normally excluded.
Some of Tomich's recent peptide studies have yielded structures with unusual activities including adhesives and self-assembling peptides that form water-filled vesicles suitable for drug deliver to cells. He has 13 patents -- issued and pending -– and more than 110 journal articles and book chapters.
He also has worked with industry to develop a process by which the preservative-calcium propionate can be made naturally and at low cost using waste feedstocks from dairy and biodiesel producers. His process is now being commercialized.
As director of the Biotechnology Core Lab, Tomich oversees synthetic and analytic services offered to researchers around the world. The lab specializes in the chemical synthesis of peptides, mass spectrometry, protein sequencing, plasmon resonance and solution NMR structure analysis of membrane spanning peptides. Since 2006 the lab has obtained instrumentation that has extended its capabilities into the area of proteomics. The lab is currently assisting researchers on a number of bacterial, plant and insect proteomics projects.
Tomich also is one of the founders of a small biotech company, Nacelle Therapeutics Inc. He is currently chief technical officer. This company was founded to help commercialize some of the peptides developed at Kansas State University.
Tomich received his bachelor's degree in biology with a minor in chemistry from the University of Connecticut and his master's degree in biochemistry from Purdue University. He went on to receive his doctorate in chemistry from the University of Waterloo in Ontario, Canada.
He is a member of Sigma Xi, the Biophysical Society, the Association for Biomolecular Resource Facilities, the American Peptide Society and the Federation for American Scientists for Experimental Biology.
Tomich can be reached at 785-532-5956 or firstname.lastname@example.com.


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Judge Somers
09-05079 Speth et al v. Postel et al (Doc. # 48)
- Details
- Category: Judge Somers
- Published: 22 February 2010
- Written by Judge Somers
Speth et al v. Postel et al, 09-05079 (Bankr. D. Kan. Feb. 3, 2010) Doc. # 48
Click here for the pdf document.
SIGNED this 03 day of February, 2010.
Dale L. Somers
In Re:
a/k/a Uncommon Market, LLC
a/k/a 46 UncommonMarket.com,
STEVEN L. SPETH, Trustee,
JAMIE LYNN POSTEL and
BERNIE LUMBRERAS, solely in her
capacity as Clerk of the Eighteenth
Judicial District Court, Sedgwick County,
Case 09-05079 Doc# 48 Filed 02/03/10 Page 1 of 15
The matter under advisement is Jamie Lynn Postel's Motion for Judgment on the
Pleadings, Pursuant to Rule 7012(b) (hereafter "Motion").1 The Plaintiff Trustee, Steven Speth,
appears by Timothy J. King, of Speth & King. Defendant Jamie Lynn Postel (hereafter "Postel")
appears by Joseph H. Cassell and Nicholas R. Grillot of Redmond & Nazar, L.L.P. There are no
other appearances.
Debtor's petition for relief under Chapter 7 was filed on January 26, 2009. The Trustee
filed this adversary proceeding on May 7, 2009.2 The amended complaint was filed with leave
of Court on August 1, 2009, against Defendants Postel and Bernie Lumbreras, in her capacity as
Clerk of the District Court of Sedgwick County, Kansas. The Chapter 7 Trustee seeks to recover
for the estate a cash bond filed on May 14, 2007, in the amount of $125,000 in the office of the
Clerk of the District Court of Sedgwick County, Kansas, in the matter of Jamie Lynn Postel v.
Leigh Ann Koksal, Case No. 07-CV-0071. In the Amended Complaint, the Trustee alleges that
the bond is property of the estate under 11 U.S.C. § 541. In Count I, he asserts that Postel has no
rights in or to the cash bond, in Count II he alleges that the clerk should turnover the bond
pursuant to 11 U.S.C. § 543, and in Count III he alleges, in the alternative, if the cash bond is not
1 Doc. 36.
2 By Memorandum Opinion and Order Denying Defendants' Motions to Dismiss, filed on
September 14, 2009, the Court denied the motions of Postel and Bernie Lumbreras, in her capacity as
Clerk of the Sedgwick County, Kansas District to dismiss. Doc. 32.
Case 09-05079 Doc# 48 Filed 02/03/10 Page 2 of 15
property of the estate and became property of Postel, that the transfer to Postel was preferential
under 11 U.S.C. § 547. The Court has jurisdiction.3
On September 24, 2009, Postel filed her Motion. She contends that she is entitled to
judgment based upon the face of the pleadings, comprised of the amended complaint4 and
Postel's answer, to which certified copies of relevant state court pleadings are attached.5
According to Postel, this record establishes that the Debtor had no interest in the bond on the
date of filing. The Trustee responds that the Motion should be denied because factual issues
remain as to the conditions of the bond and what motions are required in state court for its
In June, 2002, Debtor and Postel entered into a nonexclusive licensing agreement for
Debtor to market Postel's artwork. After problems arose, Postel terminated the arrangement. On
April 11, 2005, Postel sued Debtor in Richland County, Ohio Court of Common Pleas for
copyright infringement, fraud, and conversion. The trial court granted a default judgment on
September 14, 2005. Debtor did not appear at the damage hearing, and a judgment of $506,000
3 This Court has jurisdiction pursuant to 28 U.S.C. § 157(a) and §§ 1334(a) and (b) and the
Standing Order of the United States District Court for the District of Kansas that exercised authority
conferred by § 157(a) to refer to the District's Bankruptcy judges all matters under the Bankruptcy Code
and all proceedings arising under the Code or arising in or related to a case under the Code, effective July
10, 1984. A complaint to determine property of the estate, for turnover of property to the estate, and to
recover preferential transfers is a core proceeding which this Court may hear and determine as provided in
28 U.S.C. § 157(b)(2)(A), (E), and (F). There is no objection to venue or jurisdiction over the parties.
4 Doc. 27.
5 Doc. 35.
Case 09-05079 Doc# 48 Filed 02/03/10 Page 3 of 15
was recommended. The trial court adopted the recommendation in a judgment filed on June 16,
On January 5, 2007, counsel for Postel filed an Affidavit of Foreign Judgment in the
District Court of Sedgwick County, Kansas. The matter was assigned Case No. 07CV0071.7 A
certified copy of the Ohio Judgment Entry on Magistrate Decision in a Civil Case was attached
to the affidavit.8 On May 10, 2007, in Case no. 07CV0071 the Kansas district court heard the
Debtor's motion for protective order and to quash deposition, and for a stay of proceedings.9
The order dated May 14, 2007, includes the following findings: That Debtor's only non-exempt
assets were slightly more that $131,000 cash; that the cash would be subject to execution by
Postel but for a stay ordered by the Kansas court; that it was likely that the Ohio court within 60
to 90 days would rule on the rule 60(b) motion, which had been filed by Debtor on April 14,
2007, in the Ohio court to vacate the Ohio judgment;10 that the Debtor's motions for protective
order and to quash subpoena and for stay would be granted provided that Debtor post a cash
bond pursuant to K.S.A. 60-3004(b); that enforcement of Postel's foreign judgment would be
stayed pending posting of such cash bond, and should the bond be posted, thereafter until further
order of this court; that if Debtor should fail to post the cash bond, execution should issue
forthwith; that if the Ohio court has not ruled on Debtor's motion to vacate the default judgment
6 See Doc. 35-2.
7 Doc. 11-2.
8 Doc. 11-1.
9 Doc. 35-3.
10 Doc. 35-2.
Case 09-05079 Doc# 48 Filed 02/03/10 Page 4 of 15
within 90 days, the parties may appear for further proceedings; and if the Ohio court vacated
Postel's default judgment within the 90 days, Debtor's cash bond shall be subject to exoneration
upon motion and order by the court.11 A Supersedeas Bond (hereafter "Bond") was filed in May
14, 2007. It recites that, pursuant to the court's order and K.S.A. 60-3004(b), Debtor tenders and
deposits $125,000 Cash Bond for the benefit of Postel. As to the conditions, the Bond states:
The condition of the above obligation is such by virtue of the order
of this court entered the 14th day of May, 2007, pursuant to
defendant's motion for protective order and to quash deposition
and motion for stay of execution proceedings, as a result of the
entry of the judgment on January 18, 2007 in favor of plaintiff and
against defendant in the amount of $509,495.00.
Debtor's rule 60(b) motion was denied by the Ohio court on December 28, 2007, and a notice of
appeal to the Court of Appeal for Richmond County, Ohio was filed on January 7, 2008.12 On
January 11, 2008, Postel filed in the District Court of Sedgwick County a motion to transfer
supersedeas bond from the clerk of the Sedgwick County District Court to the clerk of Court of
Common Pleas of Richmond County, Ohio.13 The motion was denied. The court ruled in part:
. . . the bond currently posted by Defendant and the corresponding
Protective Order in this Court shall continue through the appeals
process (as long as both the Ohio trial Court and appellant court do
not deny defendant's Application/Motion for a stay in Ohio) and
shall not be released to either party until the appeal process is
exhausted at which time the Court will address the appropriate
motions by the parties for the dispensation of the held funds.14
11 Id.
12 Doc. 41-1.
13 Id.
14 Doc. 41-2.
Case 09-05079 Doc# 48 Filed 02/03/10 Page 5 of 15
The Court of Appeal for Richland County, Ohio Fifth Appellate District affirmed the
judgment on January 16, 2009. Thereafter, Debtor had 45 days to seek discretionary review by
the Ohio Supreme Court.15 Debtor filed for relief under Chapter 7 on January 26, 2009, before
expiration of the time to seek review, and the record contains no evidence that timely review has
been sought. The judgment of Postel against Debtor is a final judgment.
A. Postel's contentions.
Defendant Postel seeks a judgment on the pleadings based upon the following
contentions: That as of the date of filing, Debtor had no interest in the Cash Bond such that it is
not included in the estate under 11 U.S.C. § 541; that there is no basis for turnover from a
custodian under 11 U.S.C. § 542; and that the Trustee has waived his preference claim. The
Trustee responds that whether his complaint should be dismissed cannot be determined based
upon the pleadings because the Kansas district court has not issued any orders regarding
distribution of the Cash Bond, and such orders will go to the ultimate issue of the Debtor's
ownership of the Cash bond.
B. On the Date of Filing, the Estate had a contingent interest in the Cash Bond.
Resolving the differences between the positions of the parties requires the Court to first
address the question of the estate's interest in the Cash Bond under § 541. That section defines
property of the estate as comprised of "all legal or equitable interests of the debtor in property as
of the commencement of the case." Congress has generally left the determination of property
15 Ohio S. Ct. Pract. R II, § 1(A)(3) and § 2 (A)(1)(a).
Case 09-05079 Doc# 48 Filed 02/03/10 Page 6 of 15
rights in the assets of a bankrupt's estate to state law.16 "Thus, whatever rights a debtor has in
property at the commencement of the case continue in bankruptcy-no more, no less. Section 541
'is not intended to expand the debtor's rights against others more than they exist at the
commencement of the case.' "17 Section 541 includes contingent interests, such as interests the
right to which might be finalized post-petition.18
The Court therefore looks to Kansas law to determine the estate's interest in the Cash
Bond. The Bond was ordered pursuant to K.S.A. 60-3004(b) as a condition for stay of
enforcement of the Ohio judgment following its registration in Sedgwick County District Court.
That statute provides that the "Court shall stay enforcement of the foreign judgment for an
appropriate period, upon requiring the same security for satisfaction of the judgment which is
required in this state subject to the provisions of subsection (d) of K.S.A. 60-2103... ." The later
statute, which addresses appellate practice, provides that when an appellant desires a stay on
appeal, the appellant may present to the district court for its approval a supersedeas bond
"conditioned for the satisfaction of the judgment in full together with costs, interest, and
damages for delay, ..." Hence, in Kansas, as in other jurisdictions, a supersedeas bond provides
security in the event the judgment whose effectiveness is set aside during an appeal is later
affirmed; it protects the creditor's ability to collect the judgment, if the judgment is affirmed.19
Although K.S.A. 60-2103 reads as if a bond supporting a stay of execution must have a surety, it
16 Butner v. U.S., 440 U.S. 48, 54 (1979).
17 Moody v. Amoco Oil Co., 734 F.2d 1200, 1213 (7th Cir. 1984), quoting H.R. Rep. No. 595,
95th Cong., 1st Sess., reprinted in 1978 U.S. Code Cong. & Ad. News 5787.
18 Williamson v. Jones (In re Montgomery), 224 F.3d 1193, 1195 (10th Cir. 2000).
19 See 4 C.J.S. Appeal and Error §§ 518 and 531.
Case 09-05079 Doc# 48 Filed 02/03/10 Page 7 of 15
is common practice for the judgment debtor to provide a bond secured in a different manner,
such as by a letter of credit, property, or cash.
The case law concerning the interest of a judgment debtor's bankruptcy estate in a
supersedeas bond posted prepetition during the pendency of an appeal has arisen in many
different procedural and factual contexts. One of the early and often cited cases is Mid-Jersey
National Bank,20 decided in 1975 and controlled by the Bankruptcy Act of 1898. In that case,
summary judgment was entered against a borrower who appealed and posted a certificate of
deposit in lieu of a supersedeas bond. The borrower filed for relief under the Bankruptcy Act
while the appeal was pending. The question was whether relief from stay was required for the
appeal to continue. Because under the Act the bankruptcy stay applied only to proceedings
which could divest the debtor of property over which the bankruptcy proceedings had
jurisdiction, the court defined the question as whether the certificate of deposit is property of the
debtor subject to the exclusive jurisdiction of the bankruptcy court. The court held that the bond
was not property of the borrower's bankruptcy estate but was a trust fund held in custodia legis
by the district court that rendered the judgment. The Tenth Circuit has not addressed the issue of
rights in a supersedeas bond when the judgment debtor who posted the bond files for bankruptcy
relief during the appeal.21
20 Mid-Jersey Nat'l Bank v. Fidelity-Mortgage Investors, 518 F.2d 640 (3rd Cir. 1975).
21 The Tenth Circuit in Grubb v. Federal Deposit Ins. Corp., 833 F.2d 222 (10th Cir. 1988), a
case concerning the insolvency of a national bank, found Mid-Jersey highly persuasive, and held that a
judgment debtor by agreeing to a bond and depositing a certificate of deposit with the clerk "in essence
transformed the underlying unsecured debt [the judgment] into a secured debt by agreeing that the bond
would . . . secure payment of 'all judgments, orders and accruals thereon." Id., 833 F.2d at 226. The
certificate could therefore not be recovered by the receiver as an asset of the bank.
Case 09-05079 Doc# 48 Filed 02/03/10 Page 8 of 15
Mid-Jersey was followed in Carter Baron Drilling,22 an opinion of the Colorado District
Court controlled by the Code. Postel relies on Carter Baron Drilling. In that case, a judgment
was entered in favor of Badger against National, and National deposited a cashier's check with
the clerk, who cashed the check and treated the funds as a supersedeas bond. National filed for
bankruptcy relief in December, 1985. Postpetition the judgment was affirmed by the Tenth
Circuit. Baron sought turnover of the bond from the court in which the judgment had been
rendered and the bond posted. In defense, National contended turnover should not be ordered
because the cash bond was part of the bankruptcy estate. The court found the case similar to
Mid-Jersey and ruled the funds held by the court in custodias legis as a supersedeas bond were
not an asset or property of National's estate. But it also noted that the "only possible interest
retained by a judgment debtor in such funds is, therefore, a contingent reversionary interest
based upon the possibility that the trial court's judgment would be reversed on appeal"23 and that
any contingent reversionary interest National had to the funds terminated when the Tenth Circuit
affirmed the judgment against National. 24
22 Carter Baron Drilling v. Excel Energy Corp., 76 B.R. 172 (D. Colo. 1987).
23 Id., 76 B.R. at 174.
24 Other decisions controlled by the Code have followed Mid-Jersey, but they involved factual
circumstances different from this case. For example, in Moran v. Johns-Manville Sales Corp., 28 B.R.
376 (D.N.D. Ohio 1983) the issue was whether after a judgment against the debtor was affirmed the stay
of § 362 barred a plaintiff from recovery of her judgment against the debtor by enforcement of the bond
posted by a commercial surety. The court held it did not, since the bond was not property of the estate.
Recovery was sought after the judgment was affirmed, and the liability to be enforced was against a
commercial surety, not cash deposited by the Debtor. In Gnidovec v. Alwan (In re Alwan Bros. Co.,
Inc.), 105 B.R. 886 (Bankr. C.D. Ill. 1989) the court found Mid-Jersey to be both persuasive and
controlling, but then held the bond in the form of real property was excluded from the estate only in part,
the extent needed to satisfy a compensatory judgment claim.
Case 09-05079 Doc# 48 Filed 02/03/10 Page 9 of 15
The Trustee relies upon Celotex,25 a case arising under the Code but where the
supersedeas bond was posted by a commercial surety. The bankruptcy court had previously
lifted the stay to allow appeals of personal injury claims against the debtor to proceed. A
remaining issue before the court was whether the supersedeas bonds issued by commercial
sureties posted by the debtor to obtain stays pending appeals were property of the bankruptcy
estate subject to the automatic stay and therefore not available to the plaintiffs if their cases were
affirmed. The court held that if at the time of filing the petition the appellate process had not
been concluded, the debtor still had an interest in the supersedeas bond for purposes of § 541,
subject to the interest being divested if the debtor was unsuccessful once the appellate process is
completed.26 This conclusion was supported by the desirable result that the bond be protected by
the stay during the appellate process and as providing a rationale basis for the estate's acquisition
of property if any of the bonds were released during the bankruptcy because a judgment was
reversed. The holding of Mid-Jersey was distinguished based upon the fact that it was decided
before enactment of the Code with its more expansive definition of property of the estate and
automatic stay.
This Court finds the reasoning of the Celotex court persuasive. This Court declines to
follow Mid-Jersey and Carter Baron Drilling for three reasons. First, Mid-Jersey arose before
enactment of the Code and the issue before the court was whether the limited stay then codified,
which had the purpose of preventing a creditor from defeating the jurisdiction of the bankruptcy
court over the debtor's property, precluded considering the merits of the appeal. The Third
25 In re Celotex, 128 B.R. 478 (Bankr. M.D. Fla. 1991).
26 Id., 128 B.R. at 482,
Case 09-05079 Doc# 48 Filed 02/03/10 Page 10 of 15
Circuit has held that Mid-Jersey's analysis of the automatic stay is inapplicable to the Code,27
and several courts have questioned the validity of its analysis of property of the estate.28 Under
the Code, the fact that a debtor's property is in custodias legis does not remove it from the
bankruptcy estate.29 Because of its reliance on Mid-Jersey, the Court declines to adopt the
holding of Carter Baron Drilling, but does note that the opinion recognized that a bankruptcy
estate may have a contingent interest in a bond posted by the debtor if bankruptcy relief is sought
before the appeal is resolved. Second, the effect of bankruptcy on a bond posted by a debtor
arose in Carter Baron Drilling, as it did in Mid-Jersey, not in the bankruptcy court but in the
court which had required the bond and in whose registry the bond was held. The question
presented in both cases was whether the bond should be released to the judgment creditor after
affirmance of the judgment. That is not the issue before this Court. Here the question is not
whether the cash bond should be distributed to Postel, but whether Debtor had an interest in the
Cash Bond on the date of filing. Third, neither Mid-Jersey nor Carter Baron Drilling expressly
relied upon the terms of the bond and the related orders of the court approving the bond when
analyzing the property interests of the debtor.
As stated above, property interests under § 541 are determined by reference to state law.
Examination of the state law property interests in the Cash Bond show that Debtor had
contingent interest on the date of filing. In this case, the District Court of Sedgwick County
27 Borman v. Raymark Industries, Inc., 946 F.2d 1031, 1035 (3rd Cir. 1991)
28 See Id., 946 F.2d at 1034 (discussing cases questioning Mid-Jersey's analysis of property of the
29 See In re Alternate Fuels, Inc.,2009 WL 1298447 (Case no. 09-20173, Bankr. D. Kan. May 8,
Case 09-05079 Doc# 48 Filed 02/03/10 Page 11 of 15
when approving the Bond as a condition for staying execution of the Ohio judgment held that the
bond would be subject to exoneration upon motion and order of the court if the default judgment
was not vacated within the time limits set by the court. Later, when there was an appeal to the
Ohio Court of Appeals, the court held that the bond "shall not be released to either party until the
appeal process is exhausted at which time the Court will address the appropriate motions by the
parties for the dispensation of the held funds."30 These orders clearly recognize that the Debtor
had a contingent interest in the bond on the date of filing, when the appeal process was not
The Court therefore holds that the Debtor had an interest in the Cash Bond on the date of
filing, subject to being divested if the judgment of the Ohio court in favor of Postel was affirmed.
On the date of filing, the appellate process was almost complete. The Court of Appeals had
affirmed, but the Debtor still had a right to seek review by the Ohio Supreme Court. Under the
orders of the Sedgwick County District Court, Debtor had a contingent right to "dispensation of
the funds" until the appeal process was complete. When the bankruptcy was filed, the Debtor's
rights were transferred to the estate. The Motion to dismiss is denied as to the assertion that the
estate had no interest in the bond on the date of filing.
C. The estate's interest in the Cash Bond is subject to the terms of the Bond as established
by the orders of the Sedgwick County District Court, and that court, not this Court, is the
proper forum to determine the estate's interest.
The time for Debtor to file for review of the Ohio court of appeal's affirmance of the
judgment has now expired. It is tempting for this Court to hold that forfeiture of the estate's
contingent interest in Cash Bond has occurred, since the amount deposited is less than the
30 Doc. 41-2, p.3.
Case 09-05079 Doc# 48 Filed 02/03/10 Page 12 of 15
amount of the judgment. However, the Court declines to make such a ruling. As stated in the
order of the Sedgwick County District Court,
. . . the bond currently posted by Defendant and the corresponding
Protective Order in this Court shall continue through the appeals
process (as long as both the Ohio trial Court and appellant court do
not deny defendant's Application/Motion for stay in Ohio) and
shall not be released to either party until the appeal process is
exhausted at which time the Court will address the appropriate
motions by the parties for the dispensation of the held funds.31
The District Court of Sedgwick County is the proper forum to address the "appropriate motions
by the parties for the dispensation" of the held funds.
Since the estate's interest in the Cash Bond is property of the estate, § 362(a)(3) applies.
It precludes "any act to obtain property of the estate or of property from the estate or to exercise
control over property of the estate." The Court therefore requests a party in interest to move for
relief from stay to allow all proceedings as required under the terms of the Bond, the orders of
the District Court of Sedgwick County, and Kansas law to determine the interests of the parties
to the Cash Bond.
D. The Court grants Motion as to Count I of the Amended Complaint.
As stated above, in the amended complaint, the Trustee alleges three counts. Count I
prays for a finding that Postel has no interest in the bond. As stated above, the Court rules based
upon the pleadings that the estate had a property interest in the Cash Bond on the date of filing.
However, the estate did not have all rights to the Cash Bond to the exclusion of Postel. For the
same reasons that the estate had a contingent interest, the pleadings demonstrate that Postel also
had a contingent interest in the Cash Bond on the date of filing. Under the orders of the District
31 Doc. 41-2.
Case 09-05079 Doc# 48 Filed 02/03/10 Page 13 of 15
Court of Sedgwick County if the judgment was affirmed, Postel was required to file a motion
praying for an order that the Cash Bond be released to her. The Trustee's claim asserted in
Count I that Postel had no interest in the Cash Bond on the date of filing is denied.
E. The Motion is denied as to Count II of the Amended Complaint.
Count II is for turnover of the Cash Bond pursuant to § 543, turnover of property by a
custodian. The pleadings are insufficient to determine whether any portion of the Cash Bond
should be turned over to the Trustee by the Clerk of the District Court. Until the District Court
of Sedgwick County rules on the interests of the parties to the Cash Bond, the amount of funds,
if any, to which the estate is entitled is not known.
F. The Motion is denied as to Count III of the Amended Complaint.
Count III is for recovery of a preference to the extent the Cash Bond became property of
Postel. In the Motion, Postel asserts this count should be dismissed because the Trustee has
waived the claim, based upon his responses to Postel's memoranda. The Court finds that the
actions of the Trustee relied upon by Postel are insufficient to establish waiver.
For the foregoing reasons, the Court grants Postel's Motion as to Count I and denies the
Motion as to Counts II and III. As to Count I, on the date of filing, both the Debtor and Postel
had contingent interests in the Cash Bond. Whether the estate's contingent interest has been
forfeited because the Ohio judgment has been affirmed and no more appeals are permitted is a
matter that should be determined by the Sedgwick County District Court, after relief from stay is
granted pursuant to a motion to be filed by a party in interest. The Motion is denied as to Count
II since the pleadings are insufficient for a determination of whether the estate has a right to a
Case 09-05079 Doc# 48 Filed 02/03/10 Page 14 of 15
portion of the Cash Bond which should be turned over by the Clerk of the District Court. The
Motion is denied as to Court III because the pleadings do not establish that the Trustee has
waived his preference claim.
The foregoing constitute Findings of Fact and Conclusions of Law under Rules 7052 and
9014©) of the Federal Rules of Bankruptcy Procedure which make Rule 52(a) of the Federal
Rules of Civil Procedure applicable to this matter. A judgment based upon this ruling will be
entered on a separate document as required by Federal Rule of Bankruptcy Procedure 9021 and
Federal Rule of Civil Procedure 58.
Case 09-05079 Doc# 48 Filed 02/03/10 Page 15 of 15


text:
It turns out that, despite championing the box office last weekend in its debut, "Divergent" doesn't have the staying power other young adult franchises have had in the past. Divergent still did well this weekend, coming in second with $26.5 million, but it was beaten by a new Biblical epic. Darren Aronofsky's "Noah", which stars Russell Crowe as the titular character who is tasked by God to build an arc before the Earth is flooded. That movie was a smash, topping the box office with a $44 million debut.
"Sabotage" was the weekend's other new wide release, but it wasn't as successful, coming in seventh with $5.3 million. The action thriller stars Arnold Schwarzenegger—who apparently isn't as popular as he used to be—as the leader of an elite task force being targeted by a drug cartel.
"Cesar Chavez", a new biopic about the labor leader who co-founded United Farm Workers, was the box office surprise this weekend. Open in limited release, the film still grossed $3 million, just barely squeezing into this weekend's top twelve. Wes Anderson's "The Grand Budapest Hotel", meanwhile, continues to do better box office as the weeks progress and the film expands to more and more theaters.
The complete list of the top 12 movies at the box office this weekend is below. Click the links to read my full review of each film.
1. "Noah": $44 million
2. "Divergent": $26.5 million
3. "Muppets Most Wanted": $11.3 million
4. "Mr. Peabody and Sherman": $9.5 million
5. "God's Not Dead": $9.07 million
6. "The Grand Budapest Hotel": $8.8 million
7. "Sabotage": $5.3 million
8. "Need for Speed": $4.33 million
9. "300: Rise of an Empire": $4.3 million
10. "Non-Stop": $4.08 million
11. "The Lego Movie": $3.1 million
12. "Cesar Chavez": $3 million
Check out showtimes for these movies and more at the following St. Louis-area theaters.
- Wehrenberg Theatres
- AMC Theatres
- Regal Movie Theatres
- Galleria 6
- Chase Park Plaza
- Granite City
- Moolah Theatre
- Hi-Pointe Theatre
- St. Andrews Cinema
- Plaza Frontenac Cinema
- Tivoli Theatre
For more info, visit Box Office Mojo, or feel free to email me. For updates on my latest articles, click the subscribe button at the top of this page. You can also follow me on the following websites:
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