text:
Milwaukee 2 Update
We dodged the rain today. The forecast kept telling us that we would be stuck inside, however, the Lord opened up the skies and gave us a beautiful day of sunshine instead! This allowed us to be working outside the entire day. Pray that the same will happen tomorrow. Rain would make it difficult to find work for this many students indoors. Unless, God has something else planned for us, then just pray that we are able discern what that plan might be.
Frank's Garage: In the last two days the students have finished the framing for the garage, and have also boarded up the entire frame. it is amazing what these students can accomplish when they are working together. While that is exciting, it has been even more fun watching the students interact with Frank's sons. His two youngest sons have been outside for the last day and a half. The first half of Monday, they were quite unsure about our group of students, watching from the inside. Now, they are out all day, working alongside our students.
Public School: We had been told that we would be needed inside helping the teachers clear out the rooms and organize the rooms. We have not been inside yet. Our students have been working tirelessly clearing out tennis courts (believe it or not there is brush and even young trees (3-4 ft. high) growing from cracks in the tennis courts). They have mowed almost the entire property, and hopefully before the week is over will have the rest of the property finished. This has all been done with a push mower…for you parents that are wondering if your students can work hard, YES!
Adollum: In the last two days One room has been wired with electricity, stuffed with insulation, and completely dry walled. Three others have been sanded and mudded. They are ready for painting. We are not sure if we will have an opportunity to do so or not. There is three floors of work to be done, so we are ready to serve wherever we are most needed.
Racial segregation is a very big issue in Milwaukee. There are neighborhoods in complete poverty that butt up next to wealthy areas. These lines are rarely crossed. Our group is a very small part of this racial reconciliation process. But it is fun to watch happen. Pray for continued work to be done here, and for continued healing in the area for the city.


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Francis Item # A7685
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subset: commoncrawl


text:
Faculty and staff directory"1.0" encoding="utf-8"?>
Jean Todd
DAU Instructor
General Practice
Lyons Dental Building
521 North 11th Street
Box 980566
Richmond, Virginia 23298-0566
Phone: (804) 828-7354
Email: firstname.lastname@example.com
Four-Handed Dentistry, Expanded Functions Dental Assistant
Professional affiliations
- Dental Assisting National Board
Jean Todd has over 25 years of clinical experience in private practice. Although most of her experience is in general practice, she has also worked in Orthodontic and Pediatric dental offices. In 2003 she took time off from dentistry to pursue her love of education and worked in the New Jersey public school system as a one-on-one aid for special needs students in grades 5 and 6 in a self-contained classroom environment and also as a teacher's assistant for main-stream students. In 2006 she moved to Virginia where she returned to dental assisting in private practice and started her own temporary dental assisting company. In July of 2013, Jean accepted the job position at VCU SOD as a DAU Instructor in the General Practice department.
Jean traveled to Romania in 1991, 1993, and 1995 to bring over dental supplies. In 1995 she brought back her eldest son Lucian "Jon".
Jean traveled to Romania in 1991, 1993, and 1995 to bring over dental supplies. In 1995 she brought back her eldest son Lucian "Jon".


text:
The Salivary Dysfunction Clinic is a dento-medical treatment and teaching center for the management of complex-symptom diseases affecting the salivary glands. The uniqueness of this facility is in the use of salivary analysis rather than repeated biopsies for clinical diagnosis and monitoring of salivary gland diseases.
In 1994, in collaboration with UT Southwestern Medical Center, the dental school established the Sjögren's Referral Center, of which the Salivary Dysfunction Clinic became a component. The referral center encompasses a broad range of specialties, including opthamology, rheumatology, gastroenterology, pulmonology and dermatology.
The referral center assists those with Sjögren's syndrome, an autoimmune disease in which the body's immune system mistakenly attacks its own moisture producing glands. Sjögren's is one of the most prevalent autoimmune disorders, striking as many as 4,000,000 Americans.
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For more information, call (214) 828-8490.
See Also:


text:
Category Archives: Guide – Research & Development
First off let me thank KISS IN DIGITAL & PENNRY for posting this on the DCUO forums-
To start off, a mission pops into your journal once your toon reaches level 10. Oracle or Calculator will tell you to go chat with whichever origin mentor you'll have for this stuff (Will Magnus > all the rest) who will then give a brief summary of how this fits into your storyline. For instance the Meta mentor on villain side discusses the human genome improving upon itself or something. Makes this make sense for RP purposes. Well the important thing is they start you off with 6 plans that allow you to combine your exobits into exobytes and a power alpha that allows you to develop a power mod for your gear.
Plans are in essence recipes. You gain more from drops in every instance imaginable and of course, the harder the instance, the better the plan. There are also basic plans which you can purchase from the vendor next to the research and development machine in each wing. It's right next to your R&D mentor so pay attention when you're sent to talk to them (or they're next to the soder vendor in each wing in the Watchtower and down the ramp opposite the Pit in each wing in the Hall of Doom.) Certain other vendors sell plans as well, look around (especially vendors in instanced cities like Central City.)
Basic plan types:
Aggressive: Increases DPS stats
Support: Increases Support (Healer or Controller) stats
Fortified: Increases Tank stats
Vengeful: Combination plan for Tank and DPS stat increase
Tenacious: Combination plan for Support and DPS stat increase
Durable: Combination plan for Tank and Support stat increase


text:
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Judge Somers
08-06133 Lindquist et al v. Wells Fargo Bank, NA (Doc. # 52) - Document Text
- Details
- Category: Judge Somers
- Published: 10 September 2010
- Written by Judge Somers
SIGNED this 09 day of September, 2010.
Dale L. Somers
Designated for on-line use; not for print publication
In Re:
SHELIA MARIE LINDQUIST and
In this adversary case, Debtor Shelia Marie Lindquist and her non-debtor spouse,
David Edward Lindquist, allege that violations of the Truth in Lending Act, 15 U.S.C.
Case 08-06133 Doc# 52 Filed 09/09/10 Page 1 of 14
§§ 1601- 1666j (hereafter "TILA")1 occurred in connection with their home mortgage
loan, entitling them to rescind the transaction and to recover statutory damages and
attorney fees and costs. The specific violation alleged is the receipt of an improper
number of copies of the Notice of the Right to Cancel (hereafter "NRC") and of the TILA
disclosure form (hereafter "TILA Disclosure Statement") at the closing on their
September 10, 2007 home loan transaction with Universal Mortgage Corporation.
Defendant Wells Fargo Bank, NA, the assignee of Plaintiffs' home mortgage loan, moves
for partial summary judgment on the claims for statutory damages and attorney fees and
costs. Plaintiffs appear by Kenneth M. Gay, and Defendant appears by Bret R. Kassen of
Polsinelli Shughart, P.C. There are no other appearances. The Court has jurisdiction.2
When moving for partial summary judgment, Wells Fargo set forth the following
statements of fact, which Plaintiffs do not controvert. The Court therefore adopts the
following facts as uncontroverted for purposes of the motion for partial summary
judgment. The Court has made some additions to the facts based upon the schedules
Debtor filed in this case.
1 Future citations to the TILA in the text shall be to the section of Title 15 only.
2 This Court has jurisdiction over the parties and the subject matter 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. Furthermore, this Court may hear and finally adjudicate this
matter because it is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(B), (C), and (K). There is no
objection to venue or jurisdiction over the parties.
Case 08-06133 Doc# 52 Filed 09/09/10 Page 2 of 14
Plaintiffs' claims in this action arise from a loan transaction they entered into on or
about September 10, 2007, for which the debt was initially payable to Universal
Mortgage Corporation — not Wells Fargo. Wells Fargo subsequently obtained rights to
the same mortgage and currently holds the security interest for the property commonly
known as 9113 Farley Lane, Overland Park, KS 66212, which Debtor claims as her
exempt homestead. On Debtor's schedules, the property is valued at $200,000, subject to
the Wells Fargo secured claim of $174,300.74. With respect to the loan transaction at
issue, Wells Fargo is not a "creditor" as that term is defined in the TILA.3
When Wells Fargo acquired rights to the loan at issue, it obtained a copy of a loan
file containing various documents, including an NRC and a TILA Disclosure Statement.
The content of the disclosures received by Plaintiffs in connection with the loan
transaction at issue did not violate either the TILA (§ 1601, et seq.) or Regulation Z (12
C.F.R. § 226). The NRC in Wells Fargo's loan file contains Plaintiffs' signed
acknowledgments that each received two copies of the NRC and one copy of the TILA
Disclosure Statement. The TILA Disclosure Statement in Wells Fargo's loan file
contains Plaintiffs' signatures, but does not refer to the number of any forms that were
provided to Plaintiffs. Nowhere on the face of the NRC, the TILA Disclosure Statement,
or any other document in Wells Fargo's loan file does it appear that Plaintiffs were not
provided with the required number of copies of the NRC or the TILA Disclosure
3 In response to Wells Fargo's request that they admit this fact, Plaintiffs admitted it without
waiving their objection that the request called for a legal conclusion. However, Fed. R. Civ. P.
36(a)(1)(A) permits requests for admission relating to the application of law to fact.
Case 08-06133 Doc# 52 Filed 09/09/10 Page 3 of 14
Statement. When Wells Fargo acquired rights to the loan at issue, it had no knowledge
that Plaintiffs may not have received the required number of copies of the NRC or the
TILA Disclosure Statement.
Plaintiffs allege, and Wells Fargo agrees, that the September 10, 2007 loan
transaction is covered by the TILA, and that the TILA, and Regulation Z implementing
the TILA, required Universal Mortgage Corporation to deliver two copies of the NRC and
one copy of the TILA Disclosure Statement to each of the Plaintiffs. Plaintiffs allege that
they received only one copy of the NRC and one copy of the TILA Disclosure Statement,
which, pursuant to TILA § 1635, extended their right to rescind the transaction from three
days to three years. On or about September 18, 2008, two days after Debtor filed for
relief under Chapter 13, Plaintiffs notified Wells Fargo that they were exercising their
right to rescind the mortgage. Wells Fargo failed to grant the relief to which Plaintiffs
assert they are entitled under the TILA, and the Complaint in this adversary action was
filed on November 18, 2008. As stated in the Pretrial Order, Plaintiffs seek the following
relief: (1) A declaration that Plaintiffs validly rescinded the transaction; (2) a declaration
that the security interest in Plaintiffs' principal dwelling is void and unenforceable, and an
order directing release of the same; (3) a declaration that Wells Fargo has no allowed
secured claim in this bankruptcy; (4) $2,000 in statutory damages for failure to provide
material disclosures, pursuant to TILA § 1640(a)(2)(A)(ii); (5) $2,000 in statutory
damages for Wells Fargo's failure to rescind pursuant to TILA § 1640(a)(3)(A)(iii), and
Case 08-06133 Doc# 52 Filed 09/09/10 Page 4 of 14
reasonable attorney fees and costs pursuant to TILA § 1640(a)(3); and (6) a determination
of the proper procedures for rescission of the mortgage.4
Wells Fargo moves for summary judgment on the claims for statutory damages and
attorney fees, but not on the claim of the right to rescind or the terms of rescission. Wells
Fargo argues that, even if only one copy of the NRC and one copy of the TILA
Disclosure Statement were provided, under the TILA, it has no liability for statutory
damages or attorney fees because it is an assignee, not the party that originated the loan.
Plaintiffs oppose the motion.
The standard for summary judgment under Federal Rule of Bankruptcy Procedure
7056, incorporating Federal Rule of Civil Procedure 56, is well established. Summary
judgment is appropriate if the moving party shows that there is no genuine dispute about
any material fact standing in the way of a judgment as a matter of law to which it is
entitled.5 Only disputes over facts that, under the governing law, would affect the
outcome of the lawsuit will prevent summary judgment.6
A. The TILA.
A purpose of the TILA is "to assure a meaningful disclosure of credit terms so that
4 Doc. 45, p. 17-18.
5 Fed. R. Civ. P. 56(c)(2), made applicable by Fed. R. Bankr. P. 7056.
6 Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986).
Case 08-06133 Doc# 52 Filed 09/09/10 Page 5 of 14
the consumer will be able to compare more readily the various credit terms available to
him and avoid the uninformed use of credit."7 To accomplish this purpose, generally the
TILA requires disclosure of credit terms in a form that is understandable to the consumer.
Remedies for violations include actual and statutory damages. In addition, when the
transaction, other than for the purchase of the home, involves taking of the consumer's
principle dwelling as collateral, the TILA grants the consumer a right to rescind the
transaction.8 It is an absolute right for three days, "but it may last for up to three years, if
the homeowner does not sell the home and if important TIL disclosures were not provided
correctly at the time of the original credit transaction."9 There are two categories of
trigger events which extend the time to rescind: (1) Failure to provide each consumer
with an interest in the property with one copy of the TILA disclosure form with all
material information correctly disclosed; and (2) failure to give each consumer two copies
of the notice of the right to cancel, one copy to keep and one to use if the option to
rescind is exercised.10
When a lender has violated TILA provisions, courts impose strict liability
regardless of the nature of the violation or the creditor's intent.11 A court has no
7 15 U.S.C. § 1601(a).
8 15 U.S.C. § 1635(a).
9 Elizabeth Renuart and Kathleen Keest, Truth in Lending § 6.1 (Nat'l Consumer Law Center 6th
Ed. 2007) (hereafter Truth in Lending), citing 15 U.S.C. §§ 1635(c) and (f).
10 Id. at § 184.108.40.206, citing 15 U.S.C. § 1635(a) and 12 C.F.R. §§ 226.5(b), 226.15(b), and
11 Cooper v. First Gov't Mortgage and Investors Corp., 238 F. Supp.2d 50, 63 (D.D.C. 2002).
Case 08-06133 Doc# 52 Filed 09/09/10 Page 6 of 14
discretion to decline rescission because of the equities of the case. In an action against
the original creditor, a consumer may recover statutory damages for a disclosure violation
and for a failure to adhere to the procedures and standards for rescinding the transaction,
without a showing of actual damage.12 Costs and attorney fees are recoverable in such
rescission cases against the original lender.13
B. Statutory damages for failure to provide the correct number of copies of
the NRC and TILA Disclosure Statement cannot be recovered from assignee Wells
In this case, Plaintiffs contend they are entitled under § 1640(a)(2)(iii)14 to recover
up to $2,000 in statutory damages for failure to provide each Plaintiff the required forms
12 Truth in Lending at § 184.108.40.206, citing 15 U.S.C. § 1640(a) and (a)(3).
13 15 U.S.C. § 1640(a)(3).
14 15 U.S.C. § 1640(a), before its amendment effective July 30, 2008, provided:
(a) Individual or class action for damages; amount of award; factors determining
amount of award
Except as otherwise provided in this section, any creditor who fails to comply
with any requirement imposed under this part, including any requirement under section
1635 of this title, subsection (f) or (g) of section 1641 of this title, or part D or E of this
subchapter with respect to any person is liable to such person in an amount equal to the
sum of —
(1) any actual damage sustained by such person as a result of the
(2)(A) . . . (iii) in the case of an individual action relating to a
credit transaction not under an open end credit plan that is secured by
real property or a dwelling, not less than $200 or greater than $2,000; or
. . . .
(3) in the case of any successful action to enforce the foregoing
liability or in any action in which a person is determined to have a right
of rescission under section 1635 or 1638(e)(7) of this title, the costs of
the action, together with a reasonable attorney's fee as determined by the
Case 08-06133 Doc# 52 Filed 09/09/10 Page 7 of 14
(one copy of the TILA Disclosure Statement and two copies of the NRC). When moving
for partial summary judgment, Wells Fargo contends that as assignee of the initial lender,
Universal Mortgage, it has no liability for statutory damages for this alleged
noncompliance. Wells Fargo relies upon § 1641, addressing liability of assignees, which
provides in relevant part:
(a) Prerequisites
Except as otherwise specifically provided in this subchapter, any
civil action for a violation of this subchapter or proceeding under section
1607 of this title which may be brought against a creditor may be
maintained against any assignee of such creditor only if the violation for
which such action or proceeding is brought is apparent on the face of the
disclosure statement, except where the assignment was involuntary. For the
purpose of this section, a violation apparent on the face of the disclosure
statement includes, but is not limited to (1) a disclosure which can be
determined to be incomplete or inaccurate from the face of the disclosure
statement or other documents assigned, or (2) a disclosure which does not
use the terms required to be used by this subchapter.15
Wells Fargo argues that it has no liability for statutory damages for failure to provide the
correct number of copies because the signed TILA Disclosure Statement and the NRC
contained within the Wells Fargo loan file do not reveal an "apparent" violation as to the
number of copies of each form provided to Plaintiffs at the closing. The Court finds that
the alleged violation regarding the number of copies of the forms delivered at closing was
not apparent on the face of the file. Plaintiffs agree that Wells Fargo as assignee had no
knowledge of the alleged violation. Therefore, pursuant to § 1641, Wells Fargo, as
assignee, has no liability for statutory damages for the alleged failure to provide the
15 15 U.S.C. § 1641(a) (emphasis supplied).
Case 08-06133 Doc# 52 Filed 09/09/10 Page 8 of 14
correct number of copies of the TILA Disclosure Statement and the NRC.
C. Statutory damages and statutory attorney fees for alleged improper
response to Plaintiffs' attempted rescission cannot be recovered from Wells Fargo
under the authority of § 1640(a).
Plaintiffs also seek under § 1640(a)(2)(A)(iii) to recover statutory damages and
attorney fees for Wells Fargo's allegedly inadequate response to the September 18, 2008
notice of rescission sent to Wells Fargo. When moving for partial summary judgment,
Wells Fargo relies upon the assignee defense of § 1641, which the Court has found
applies to the claim for statutory damages for the alleged failure to provide the requisite
number of copies of the TILA Disclosure Statement and the NRC. Wells Fargo asserts
that it is not apparent from the face of the file that Plaintiffs' right to rescind did not
expire for three years because, under § 1641(b),16 the signed acknowledgments provided
"conclusive proof" that the grounds for rescission were lacking. Plaintiffs respond that
16 15 U.S.C. § 1641(b) provides:
(b) Proof of compliance with statutory provisions
Except as provided in section 1635(c) of this title, in any action or proceeding by
or against any subsequent assignee of the original creditor without knowledge to the
contrary by the assignee when he acquires the obligation, written acknowledgement of
receipt by a person to whom a statement is required to be given pursuant to this
subchapter shall be conclusive proof of the delivery thereof and, except as provided in
subsection (a) of this section, of compliance with this part. This section does not affect
the rights of the obligor in any action against the original creditor.
15 U.S.C. § 1635(c), referenced in the foregoing, provides:
(c) Rebuttable presumption of delivery of required disclosures
Notwithstanding any rule of evidence, written acknowledgment of receipt of any
disclosures required under this subchapter by a person to whom information, forms, and a
statement is required to be given pursuant to this section does no more than create a
rebuttable presumption of delivery thereof.
Case 08-06133 Doc# 52 Filed 09/09/10 Page 9 of 14
since subsection (c) of § 164117 provides that a consumer's right to rescind is not affected
by assignment, subsections (a) and (b) of § 1641 should not be construed to preclude
statutory damages under the circumstances presented.
Courts are divided on this issue. Wells Fargo cites Brodo,18 a 1994 decision from
Pennsylvania. In Brodo, the court granted summary judgment in favor of an assignee and
against a consumer who claimed a statutory penalty and award of costs and attorney fees
under the TILA based upon the assignee's failure to respond to the borrower's notice of
rescission. No TILA violation was apparent on the face of the disclosures given by the
lender. The court reasoned that even though Ҥ 1641 provides that the right to rescind
exists even against a creditor's assignees, § 1640(a) permits only a 'creditor' [not an
assignee] to be held liable for a monetary penalty or an award of attorney fees for a TILA
violation."19 Since neither § 1641 nor any other section of the TILA provides for a
statutory penalty or fee award for failure to respond to a valid rescission notice, rescission
was found to be the only remedy against the assignee to which the consumer was entitled.
17 15 U.S.C. § 1641(c) provides:
(c) Right of rescission by consumer unaffected
Any consumer who has the right to rescind a transaction under section 1635 of
this title may rescind the transaction as against any assignee of the obligation.
18 Brodo v. Bankers Trust Co., 847 F. Supp. 353 (E.D. Pa. 1994).
19 Id., at 359.
Case 08-06133 Doc# 52 Filed 09/09/10 Page 10 of 14
Many courts have reached the same conclusion as Brodo.20 One court has stated:
This court agrees . . . that an assignee cannot be subject
to damages for failing to comply with a notice to rescind
issued under § 1635 when the underlying basis for the
rescission is a disclosure violation not apparent on the face of
the disclosure statement. Section 1641(a) specifically limits
assignee liability to violations apparent on the face of the
disclosure statement. To suggest that an assignee can be
directly liable for damages for failing to comply with a
demand for rescission that was based on a violation not
apparent on the face of the document is . . . simply an end run
around § 1641(a). An assignee (or the original creditor for
that matter) is not automatically liable for a simple failure to
comply with the rescission demand. Rescission is not
automatic if the lender disputes the borrower's claim that
rescission is warranted.21
Plaintiffs rely upon Fairbanks Capital,22 a 2002 decision from Illinois which
disagrees with Brodo. It enumerates four reasons for its position that a consumer who
successfully rescinds a transaction against an assignee is entitled to a statutory penalty
and attorney fees under § 1640 for failure to initiate rescission procedures upon receipt of
the notice of rescission. First, the court reasoned that Congress intended for § 1640(a)'s
remedies to apply to a creditor or assignee because if this were not the case there would
have been no reason for Congress to include in § 1640(b) and (c) defenses to liability
applicable to creditors and assignees. Second, the court found that § 1640(a) itself
indicated that attorney fees, at least, are available from an assignee for violating the right
20 E.g., Briggs v. Provident Bank, 349 F. Supp. 2d. 1124, 1131 (N.D. Ill. 2004); Dougal v. Saxon
Mortgage (In re Dougal), 395 B.R. 880, 891 (Bankr. W.D. Pa. 2008).
21 Bills v. BNC Mortgage, Inc., 502 F. Supp. 2d 773, 776 (N.D. Ill. 2007).
22 Fairbanks Capital Corp. v. Jenkins, 225 F.Supp. 2d 910 (N.D. Ill. 2002).
Case 08-06133 Doc# 52 Filed 09/09/10 Page 11 of 14
to rescind because subsection (a)(3) provides: "'[I]n the case of any successful action to
enforce the foregoing liability or in an action in which a person is determined to have a
right of rescission under section 1635 of this section, the costs of the action, together with
a reasonable attorney's fee as determined by the court' is available."23 Third, § 1641(c)
specifically allows rescission against any assignee, not just against the limited set of
assignees described in § 1641(a) and (e)(1). Fourth, the court found to hold that attorney
fees are not recoverable "would undermine the policies underlying the TILA and its
private enforcement mechanism."24
This Court finds the analysis of Brodo and similar cases persuasive and declines to
follow Fairbanks. First, it appears that the Fairbanks court rejected the assignee's
contention that the TILA violation was not apparent on the face of the transaction
documents.25 Therefore, unlike this case, the assignee was not protected by § 1641.
Second, this Court is not persuaded by the reasoning of the Fairbanks court. As to the
Fairbanks court's first argument, § 1640(a) provides for the recovery of statutory
damages and attorney fees from a "creditor who fails to comply" with Part B of the TILA,
§§ 1631 through 1665e, including § 1635, rescission. "Creditor" is defined by § 1602(f)
in part as the "person to whom the debt arising from the consumer transaction is initially
payable on the face of the evidence of indebtedness." In this case, the evidence
23 Id. at 917 (emphasis omitted, quoting 15 U.S.C. § 1640(a)(3)).
24 Id. at 917.
25 Id. at 915.
Case 08-06133 Doc# 52 Filed 09/09/10 Page 12 of 14
conclusively establishes that Wells Fargo is not a "creditor" as defined by the TILA. As
noted above, § 1641(a) provides that a civil action for violation of "this subchapter"
(§§ 1601 through 1667f) may be maintained against an assignee only if the violation is
apparent on the face of the disclosure statement, unless the assignment was involuntary.
The plain reading of these statutes is that the remedies of § 1640(a) do not apply to
assignees in the position of Wells Fargo. This Court finds that the Fairbanks court's
construction of § 1640(a) is inconsistent with the statutory language. As to the second
argument, since not all assignees are protected by § 1641, the references to assignees in
§ 1640 (b) and (c) do not indicate congressional intent to make assignees protected by
§ 1641 liable under § 1640(a). Likewise, the right to recover fees in rescission actions
stated in § 1640(a)(3) is subject to the introductory phrase of § 1640(a) limiting recovery
to "creditors" who fail to comply with the TILA. The Fairbanks court's third and fourth
arguments are based upon the fact assignee status does not affect a consumer's right to
rescind under § 1635. But the existence of this right does not effect an expansion of the
remedies of § 1640(a), which are expressly limited to "creditors."
The Court therefore finds that Wells Fargo is not liable under § 1640(a) for a
statutory penalty or an award of attorney fees for a successful rescission. Wells Fargo is
not a "creditor" for purposes of § 1640(a) and is protected by the assignee defense of
§ 1641 since the violation of the TILA which is asserted as the basis for rescission was
not apparent on the face of the loan file.
Case 08-06133 Doc# 52 Filed 09/09/10 Page 13 of 14
For the foregoing reasons, the Court grants Wells Fargo's motion for partial
summary judgment. Under the uncontroverted facts and applicable law, Wells Fargo has
no liability for statutory damages or attorneys fees and costs. Plaintiffs' sole remedy is
The foregoing constitute Findings of Fact and Conclusions of Law under Rule
7052 of the Federal Rules of Bankruptcy Procedure which makes 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 7058 and Federal Rule of Civil Procedure 58(a).
# # #
Case 08-06133 Doc# 52 Filed 09/09/10 Page 14 of 14
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Kiva was voted as one of 5 most inspiring places to work by The Daily Muse.
Read about it here!


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That's who they are; to find out what they do, start with the "About Us" link on their page, which is actually an entry titled "What We're Doing Here" (we'd link you directly to it, but theirs is one of those frustrating sites where all links lead to home). Like The Revealer, they see the "ghost" of religion in any number of news stories that leave it unstated or misunderstood.
"A lot of these ghosts," they write, "are, well, holy ghosts. They are facts and stories and faces linked to the power of religious faith. Now you see them. Now you don't. In fact, a whole lot of the time you don't get to see them. But that doesn't mean they aren't there."
Their mission is both a little bit and enormously different than The Revealer's. They're tracking the mainstream media and its Christian counterparts; The Revealer was reminded yesterday of its responsibility to the smaller stories and its interest in finding new ways to write about religion. But that's tomatoes and tomatoes compared to the main distinction, as hinted byGetReligion.org's title — they want you to get God. Their God, to be exact, although they're smart enough to know that there's a huge range of understandings within evangelical Protestant theology.
Take their February 9 post on the recent flap over an airline pilot who advised "Christian" passengers to evangelize "non-Christians" (we'll let you follow GetReligion.org's excellent collection of links). They write from a position of mild annoyance with a press that finds this an example of religious bully behavior. It's tacky, they suggest, but the problem is merely one of timing. "Ultimately," they write, "we know that if the Holy Spirit has led us to a moment for sharing the gospel, like Saint Philip speaking with an Ethiopian eunuch, then God will open the doors of circumstance for us."
The Revealer has been given the gospel on airplanes too often to believe such a moment exists, but we're grateful, at least, that the doors of circumstance have opened for this bright new blog.


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Legislation that would make it easier for the U.S. Forest Service and Bureau of Land Management to cancel stewardship contracts just made it to the Senate floor. The Senate Energy & Natural Resources Committee officially reported the Stewardship Contracting Reauthorization & Improvement Act (S. 1300). The committee report officially became available online on the congressional website on Thursday, June 5.
The bill was initially introduced last July 16. The committee voted to approve it last December 19. But it didn't officially file the report to allow a Senate vote until last week. The bill was placed on the Senate Legislative Calendar as Calender No. 406. The Senate may now vote on it but no vote is currently planned yet. No companion bill is pending in the House.
The bill would expand and authorize until 2023 the ability of the agencies to enter into management contracts with local private agencies. These activities have been allowed on a limited basis under the Healthy Forests Restoration Act of 2013. The law technically expired last October. Activities can include road and trail maintenance and efforts to improve the environment or habitat for fish and wild animals or remove invasive species. Contracts would be awarded on a "best value" basis.
Most of the provisions in the act have already been signed into law as part of the Agricultural Act of 2014, which Congress passed in December. But this bill includes a provision not in the other bill that would allow the agencies to cover the costs of canceling the contracts. The Antideficiency Act does not allow federal agencies to spend money not appropriated to them. But the committee figured that the costs of canceling any contracts would be "negligible."
The bill also includes a provision limiting the fire liability of contractors except in cases of "gross negligence." Contracts granted under the law could last up to a decade.


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Time Inc. UK Issues Rights-Grabbing Contract
Time Inc.'s UK division has riled editorial photographers by issuing a new contract requiring freelancers to hand over "all rights" to any assignment images for about 60 specialty publications. The contract takes effect January 1, 2015, but there may be wiggle room for negotiation, at least for some photographers who take the initiative to push back.
"It's an outrageous rights grab," says photographer David Hoffman, spokesperson for Editorial Photographers UK (EPUK). "It's just bullying."
The contract applies to a wide array of Time Inc UK titles, including fashion, lifestyle, entertainment, and shelter magazines, as well as niche magazines for marine, wine, gardening, fishing, sport, and technology enthusiasts. The contract does not apply to assignments for TIME, the weekly news magazine.
"The new agreements better reflect our needs as a multi-platform business," Time Inc. UK's director of corporate communications Karen Myers told PDN via e-mail. "Contributors need to bear in mind that commercial realities dictate that we will be using the content that we purchase in many different ways to reflect the changing media landscape, both now and in the future."
Myers acknowledges that some photographers "will not want to assign and/or waive their rights and there is no obligation for them to do so – if they do not wish to do so, they may object and negotiate different terms with us in the usual way."
Hoffman explains, "If an editor really wants your particular work, or is sympathetic to you, they may be able to do individual deals."
But photographers who aren't able to negotiate to keep their copyrights will be deprived of the right to re-license assignment images, which could ultimately hurt Time Inc., Hoffman says. "The best photographers won't work for them under those terms," and those photographers who do accept the terms won't have much incentive to do their best work, he explains.


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Avian Influenza
- Hunters
- Backyard Flocks
- Wild Bird Feeders
- Pet Bird Owners
- Park Birds & Ducks
- Wildlife Rehabilitators
- Bird Species Affected by Avian Influenza
- Other Avian Influenza Sites
Wildlife Investigations Lab
- Wildlife Captures
- Non-game Wildlife Health Projects
- Disease & Mortality Monitoring
- Biological Sampling
- Avian Investigations
- Pesticide Investigations
- Wildlife Welfare & Rehabilitation
- Scientific Development
- Training & Education
- WIL Photos
- Other Links of Interest/Resources
- Official Blog of the WIL
- Staff & Contact Info
Wildlife Investigations Lab
1701 Nimbus Road Suite D
Rancho Cordova, CA 95670
Tel: (916) 358-2790
Technical Information
- The nature of the highly pathogenic H5N1 avian influenza virus is complicated. There are many types and subtypes of avian influenza (AI) viruses.
- Wild birds are a natural reservoir of AI viruses, most of which are low pathogenic. It is unusual for wild birds to suffer disease from AI viruses. CDFW regularly monitors for this and other bird diseases. Avian influenza viruses, other than the high pathogenic H5N1 type, are constantly present in California's wild bird populations, and always have been.
- Scientists categorize avian influenza viruses by the structure of the pathogen itself and then by assigning types and subtypes. There are three types of influenza viruses: A, B, and C. The highly pathogenic H5N1 influenza virus of concern is a Type A virus. All the influenza viruses known to have caused human pandemics throughout history were Type A influenza viruses which is why this one is of particular concern.
- Influenza viruses are further classified based on the characteristics of two surface proteins known as hemagglutinin (H) and neuraminidase (N). There are 16 different H subtypes and 9 N subtypes, resulting in a total of 144 different possible combinations of H and N subtypes of influenza A viruses.
- The H and N designations do not necessarily identify the pathogenicity of the virus. Within each subtype, genetic sequences determine the pathogenicity of the subtype to an infected bird. There are H5N1 avian influenza viruses that are low pathogenic. In order to be defined as highly pathogenic, the avian influenza virus must kill 75 percent of domestic chickens infected. Anything less than 75 percent is defined as low pathogenic.
- It is very possible that a LPAI H5N1 virus in North American birds will be identified that does not cause disease in poultry, their wild birds hosts, or humans. Birds may harbor and shed the virus without getting sick. So, once identified as an H5N1 subtype, further testing must occur to determine the pathogenicity of the virus, either HPAI or LPAI.
- What makes a chicken sick may not make another bird or animal species sick. The highly pathogenic H5N1 avian influenza virus makes both chickens and humans sick.


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Of course, that may get nominated for understatement of the year, seriously, they call me Captain Obvious. And yet, is it obvious to everyone whose witnessed recent events? Some of us would rather look the other way, cross the street and keep on going with our own justifications; some of us would opt to never give the broken country of Haiti a second thought. Howbeit, some justifications can sound extremely right in our ears: Celebrities should stop asking folks barely getting by to give and pony up some bucks themselves; we have so many problems in the US, why spend our resources somewhere else; even the ludicrous, God must be punishing them for making a pact with the devil. There are none so blind as those who will not see. And speaking of the blind, when the disciples asked Jesus if a blind man's calamity had come upon him because of his sin, Jesus gave them an emphatic, "No." God may chastise us, but He does not bring natural disasters upon our heads to do so. They are what they are, natural disasters. And in this disaster, we have a choice: to be the Good Samaritan or to cross the road never looking back to help our neighbor in need.
Luke 10:30-35
30 Jesus answered and said: "A certain man went down from Jerusalem to Jericho, and fell among thieves, who stripped him of his clothing, wounded him, and departed, leaving him half dead. 31 Now by chance a certain priest came down that road. And when he saw him, he passed by on the other side. 32 Likewise a Levite, when he arrived at the place, came and looked, and passed by on the other side. 33 But a certain Samaritan, as he journeyed, came where he was. And when he saw him, he had compassion. 34 So he went to him and bandaged his wounds, pouring on oil and wine; and he set him on his own animal, brought him to an inn, and took care of him. 35 On the next day, when he departed, he took out two denarii, gave them to the innkeeper, and said to him, 'Take care of him; and whatever more you spend, when I come again, I will repay you.'
Some of us may start to hear of the things that have transpired in Haiti and right away cross the road, others may come and investigate or read about what's going on and give an "Aww, that's too bad", although I would hope that we who were charged to be Good Samaritans would give in some way, at least, more than just a heartfelt sentiment. Prayer is a good place to start; the people of Haiti can definitely use our prayers. Time, a moment to pass along a message of a place to donate, maybe in a Facebook status, an email, a tweet or even lending a helping hand in something more involved like volunteer work. And yes, even donations, money makes the world go round, and sometimes people need more than just spiritual help, they need their physical needs meet too.
God dares us to out give him:
Bring the whole tithe into the storehouse, that there may be food in my house. Test me in this," says the LORD Almighty, "and see if I will not throw open the floodgates of heaven and pour out so much blessing that you will not have room enough for it. -Malachi 3:10
We're not talking about some "name it and claim it" spiel. Just a simple truth, you cannot out give God. Nor are we talking about selling all your goods and giving everything you have to the people of Haiti, maybe just a dollar, maybe ten, and who knows, maybe God will pour out His blessings on us as a Nation once more.
One of the easiest ways to give is to help support the Red Cross relief effort in Haiti. Text "HAITI" to 90999 and a $10 donation will be made.
More options to support the relief effort:
Network for Good
Save the Children
World Harvest Missions Outreach


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I review a lot of places for a lot of online publications. But this one, is personal. I came back to Hollywood Florida thinking that I would just settle in the place where my old friends and some key family members had settled. After all, it was better than Sunny Isles which could no longer be home and Miami Dade was not my style. I got used to just being "stuck" where I knew people. Then I began traveling for clients and networking when I happened upon Delray Beach. Long story short, I eventually stayed and here I have been for 6 months.
I too, like anyone else will become infatuated with people and places. But it takes me a long time and research into a person or place as well as a decent time investment to fall in love. I came to Delray Beach every weekend for a year and a half non-stop via Tri Rail. I shopped, I ate, I spoke to people on the street—tourist and native alike. Then, I caught the bug and couldn't shake it loose. I had to be here. The pull was almost supernatural. I had no real logical reason to work nearly 24/7 to save the money I needed to get here—but it happened. Needless to say, friends and family wanted to know what the attraction was—and one by one I showed them.
I now have more friends, family and clients coming up here nearly every weekend. Even those that are also trying to find a way to get here...permanently
So what did city commission meetings and the people I met have to do with securing my decision to stay and make Delray Beach my home?
I've lived in quite a few cities in the space of my 45 years on the planet including Europe.
But Delray Beach is an epicenter for characters who's passions and opinions make up the fabric of this village.
Never before have I gone to commission meetings and witnessed such an array of ages and walks of life gathered together in one room—stuffed to capacity mind you—and having the same affair that I was with the same love.... I even ran into the Spot Coffee guy who makes my protein shake after the gym—he couldn't be more than 30.
But from 20 to 90 you see them—sitting or standing room only—arms across chest and brows furrowed with intent for their part of our little village. The business owner, the new resident, the person who was there when Delray was—much like most of Florida—a swamp, and the ones who stuck it out in her less favorable days of drugs and crime—heck—even the homeless show up to speak and are welcome to do so.
A short break and a firm decision:
I joined many groups and met many people upon my arrival to Delray. Some things turned out well and other events did not. It's the crossroads you come to when you're 45 and an independent thinker with a high standard for those you keep in your life and where you call home everyday. So, I did what I had to do and took a huge step back for a couple of months and disengaged—thought—and reengaged with the people and groups that fit me—and decided to stay.
That is what makes Delray Beach such a siren—such a seductress— to people who are intelligent, artistic, passionate and different. It is a smallest place with room for everyone to be who they are—agree and disagree—fight and makeup and still benefit their home.
I would call no better place home...


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On Manager's Special 4.6.09
A bunch of apples and a pear only $1.00.
Really tasty black grapes $0.60.
And my favorite, broccoli for $0.99.
Final total, just $2.59. Pretty hard to argue with that!
I eat a ton of broccoli every week. The black grapes are really awesome. I've had them before, very sweet and no seeds. And apples are always great to have on hand, same with pears.


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2013 South Carolina Presidential Inaugural Ball
The South Carolina State Society will host the SC Presidential Inaugural Ball celebrating the inauguration of the 44th President of the United States, Barack Obama. The ball will be held at the Smithsonian National Museum of Natural History on Sunday, January 20, 2013, 8:00p.m.-midnight.
We look forward to seeing you at the ball! For information on the event, including transportation, click here. For specific questions please email Robin Muthig at firstname.lastname@example.com.
The SC Presidential Inaugural Ball is sold out.
Please take a moment to welcome this year's Inaugural Ball Sponsors.
Inaugural Ball Planning Committee
Thanks to the 2013 Inaugural Ball Committee for their ongoing hard work!
For press inquiries, please contact Ashley Swearingen at email@example.com.
SCSS Announces Date and Location of 2013 Presidential Inaugural Ball, 3/28/12
The 2013 South Carolina Presidential Inaugural Ball, Presented by the South Carolina State Society, 7/23/12
Save the Date – South Carolina Presidential Inaugural Ball, 9/19/2012
South Carolina Inaugural Ball Presale Tickets Are Now Available, 10/1/2012
South Carolina State Society Inaugural Ball Reception, 11/7/2012
South Carolina State Society Continues Preparations for Inaugural
Ball as President Obama's Reelection is Announced, 11/14/2012


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2016 Long Range Weather Forecast for Hobbs, NM
Buy Long Range Weather (Nov. 2015 - Oct. 2016)
Complete 2016 Long Range Weather Forecast for the Texas-Oklahoma Region, November 2015 to October 2016 includes week-by-week details. Digital Download.
Free 2-Month Weather Forecast
JULY 2016: temperature 80° (1° below avg.); precipitation 5" (2" above avg.); Jul 1-11: Sunny, hot, isolated t-storms; Jul 12-22: A few t-storms, cool north; isolated t-storms, hot south; Jul 23-24: Sunny, cool; Jul 25-31: Sunny north, heavy t-storms south; cool.
AUGUST 2016: temperature 81° (avg.); precipitation 2.5" (avg.); Aug 1-9: Scattered t-storms, cool; Aug 10-13: Sunny, coastal t-storms, warm; Aug 14-21: Sunny north, isolated t-storms south; warm; Aug 22-31: Scattered t-storms, turning hot.
Annual Weather Summary: November 2015 to October 2016
Winter will be much warmer and drier than normal, with below-normal snowfall. The coldest periods will be in early and late December, late January, and early February, while the snowiest periods across the north will occur in late December, early and late January, and mid- and late February.
April and May will be warmer and drier than normal, with drought a major concern.
Summer will be slightly rainier than normal, with near-normal temperatures. The hottest periods will be in early and late June, early July, and late August.
September and October will be warmer than normal, with near-normal rainfall in the north. Hurricanes in early and mid-September may help to ease the drought.


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Photo: WhiteLight Imaging
My first impression of Mosh couldn't have been more wrong. "Who is this hoochie?!" I thought as I saw a skinny bleach-blonde standing amidst a Williamsburg loft in nothing but a bikini, platform shoes and a pair of false lashes. (To this day I'm ashamed and will never let myself live it down – didn't I know she was MOSH, a model extraordinaire and the number one uprising star in the fetish cosmos?!) Ten seconds later, without suspecting a thing, Mosh walked up to me and enthusiastically shook my hand like we were old buddies. And just like that, my heart melted into a big puddle of pink goo and I fell in love with the girl, for good.
Like most phenomenal talents, Mosh took the fetish scene by storm. Within a year of her career and only 18 years of age, this petite-sized Russian beauty already boasts numerous features in magazines such as Envy, Marquis and A Mag, as well as The Fetishistas online community. She has shot with the world-famous Lithium Picnic and PhotoVance and made a fierce poster girl for the Barbican Xpo and the German Fetish Ball. In the fetish universe dominated by tattooed, heavily pierced 'bottle goths', Mosh definitely sticks out with her platinum blond locks and an angelic expression reflecting the state of perpetual ecstasy.
Photo: Lithium Picnic
The interview came out long and interesting – Mosh had a lot to say, and I a lot to ask! – so I split it into two parts. Second part coming next week!
Let's start with your favorite question (haha :)) – how did you get the name Mosh?
I've been called this since a very young age ['mosh' sounds similar to her original Russian name – if I tell you more I will get a footprint of Mosh's 7″ platform boot on my butt!) -DD], when I got older it just stuck even more. So when it came time to figure out a stage name I thought it was perfect. I love metal but it has nothing to do with music or mosh pits!
Where are the Mosh Head Quarters located?
I currently reside on the outskirts of DC. I recently made a couple of trips out to LA and I absolutely love it there, so don't be surprised if you find me relocating there within the next year. I've visited NYC a few times as well but I just cant get into NYC as much as LA for some reason.
You came to the US when you were 3 – where is your family from originally? Is it true you are part Korean? (I'm Eurasian myself.)
Hey you're even sexier than I thought, Eurasians rock! Most of my family is primarily from Russia although one of the great great grandfathers was Korean. My grandmother really looks part Korean, my mother looks a little Korean, and I was left with probably the cheekbones.
How good is your Russian?
Its pretty good. I can still speak fluently but with a fair amount of grammatical errors. I somehow managed to remember all of my Russian from when I was three. I don't relate to the Russian community at all though, nor do I really have any Russian friends. The motherland is probably ashamed. [Sure, but only because you are *obscenely* beautiful! ;) -DD]
Photo: Kencredible
Who did you want to be as a child?
Growing up I thought I wanted to be an equine veterinarian. Then I had no idea what I wanted to do. I didn't really like high school so I really wanted to leave and pursue some kind of artistic career. Towards the end of high school I realized how much I loved art and design and am now pursuing a degree in graphic design.
How old were you when you decided to pursue modeling as a career? Did you know you wanted to do fetish right away or was it more of an acquired taste?
I was 17 when I started working on my portfolio. I pretty much knew that I wanted to go into fetish and alternative modeling, I was just too young to really start on it. Fetish imagery was something that I had already fallen in love with a few years before I even considered starting modeling.
What was your mom's reaction when you first told her you wanted to be a fetish model?
Well I told her and showed her a couple of the photos where I'm covered in latex and she thought it was pretty so she wanted to go show her friend, haha! I try to explain to her that this is adult work and it is sexually charged however I don't think she quite grasps the idea of 'fetish'. Then again maybe she does.
How does your boyfriend feel about what you do? (proud, jealous, protective, supportive?)
My ex boyfriend was not at all supportive. He constantly showed how jealous and unhappy he was with it. My boyfriend now is very supportive and understanding which I feel very lucky to have. Hes quite talented and artistic himself, maybe its only the artistic guys who get it?
Do you consider yourself straight or bisexual?
I wouldn't necessarily consider myself bi however I do love posing with other pretty ladies. :)
Photo: Asylum Photo
You are only 5'3″ (unusually short for a model) – what is the difference between what you do and 'traditional' modeling?
To me, 'traditional' modeling is boring. Its plastic and cookie-cutter. Most of this is covered by agencies who primarily take in models who are between 5'8 and 6'plus, thus why most always considered that you need to be tall in order to become a model. Fetish and alternative modeling doesn't come with a height requirement. Its about your representation of an image or idea and has a greater concentration on your look. Those who can represent the idea of fetish and model fetish clothing well will be the ones to succeed. Height has really nothing to do with either one of those things. I will say that sometimes I am jealous of the giant models, they have the height to do runway shows and shoots for designers like Gaultier and Dolce & Gabbana. I certainly love my high fashion and designers!
How did you get started and what was your first photo session like?
My very first shoot wasn't all that exciting and I disliked it. The second shoot was much better and the one after that was even better. As I applied more of myself and my ideas/skills, the greater the shoots got.
I started out on ModelMayhem.com. Somehow I ended up networking my way into some really great artists who allowed me to create the portfolio I have today.
Do you find yourself attractive?
I tolerate myself in the mirror and I know that I like my look and wouldn't change anything about it. I also know what enhances that look or what looks good on me but its not like I want my mirrored image to jump out so I can make-out with myself, if you get what I mean…
Photo: WhiteLight Imaging
Next week: Mosh talks about her latex collection, upcoming paysite, and her run-in with the cops in an abandoned hospital. TheMoshRoom.com


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Visualizing the new Arab Mind
Kovas Boguta has posted a couple of nice graphics that visualize twitter activity during the Egyptian crisis. To the right is a mapping of Twitter usage in Egypt. He has arranged the map where tweets in Arabic are in red, while tweets in English are blue. Many of the protesters tweeted in Arabic, while many journalists tweeted in English. Some used both languages, so they are colored purple, and straddle the divide between English and Arabic. You can click on the graphic to make it much larger.
He also has produced a graphic on his site showing how the Internet blackout in Egypt affected twitter postings. It is well worth visiting the site to see this graphic as well.
Experts say Egypt is the crystal ball in which the Arab world sees its future. Now that Mubarak has stepped down, I can share the work I've done making that metaphor tangible, and visualizing the pro-democracy movement in Egypt and across the Middle East. It is based on their Twitter activity, capturing the freedom of expression and association that is possible in that medium, and which is representative of a new collective consciousness taking form.
via : Visualizing the new Arab Mind


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Top Definition
Ghetto cheese dip.
Shaquitta cooked rotel in the crock pot.
de Angie Popsicle 30 novembre 2013
A lot of something. This word was made up after incorrectly copying the back of a book for a highschool book report. When caught, a false definition was made up.
"He had a Rotel love for his town."
de Kera4 3 octobre 2005


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The tech trends that could shape 2012
Posted on 14th December 2011
For our final feature of the year, we decided to take a leaf out of the books of the tech press. With just a few short weeks of the year left, we take a look at some of the developments in technology that could be shaping the headlines for the next 12 months.
Whatever happens next year, all of the indicators so far are that it's going to be a year of major change. London 2012, a swinging global economy, ongoing progress in the sciences and – of course – the end of the Mayan calendar all suggest that 2012 could be a year that lives long in the memory (unless the last of those turns out to be true).
Joking aside, in technology terms, 2011 has often felt like the warm-up act to what could be a monumental year ahead. Phenomenal developments in everything from motion control to processing, networking to speech recognition, is paving the way for what should be a hugely exciting 12 months.
So, and without further ado, we present our thoughts on the trends we think could make a big impact in 2012.
1. Consumerisaton of data
We thought long and hard about what to call this one. Shared ownership of information? The democratisation of data?
In the end, 'consumerisation of data' seemed to do the idea the greatest justice. We've all heard plenty about the consumerisation of IT, the idea that workplace technology is improving primarily because we want the same standard of kit that we have in our personal lives, and one that caused a nation of IT managers to yell "thanks, Gen Y!" in unison.
As yet, no one is really talking actively about similar strides in the land of information management. 2012 could be the year in which that changes. A recent survey we carried out into mobile working showed that 47% of us reckon that the technology we use to access information in our personal lives is better than what we have at work.
As the volume of data that we deal with explodes, that's going to have a big impact on the way we work. As expectation rises in terms of being able to share, access, consume and manipulate information, data's going to be less the property of the IT department, and more about belonging to whoever needs it most.
2. Voice and motion
2011 changed the way that we interact with machines forever. Siri's arrival in November showed just how smart voice recognition can be (not to mention what a wry sense of humour it can have, too). And while Microsoft's Kinect actually joined the party in late 2010, the 12 months following have been the ones in which the 'killer apps' have been demonstrated for its wider use outside of chopping virtual fruit.
But this trend isn't about either of these products in isolation. Instead, it's about the aggregated impact that this pioneering tech is likely to have on the industry at large.
Both motion (or, gestural, to be precise) control and reactive voice recognition are only likely to creep further towards our working lives as we go through 2012. They are, after all, very clever natural extensions of the way in which we interact with eachother.
So maybe 2012 will be less about the consumerisation of IT, and more about the personalisation of our technology itself. [Though hopefully not too personal.]
3. Everything in the cloud
Okay, so making outlandish prophecies about next year being the one in which the UK finally benefits from full scale 'cloud cover' is nothing new. But 2012 has all the hallmarks of being the year in which cloud could become a genuinely useful proposition for business, rather than just a great idea.
A certain amount of that line of thinking is that – just like the sharing of data – it's the people, not the vision that will make cloud a reality. Mobility is the big buzzword right now, and for good reason. The associated productivity benefits are well stated, and now that we have the devices and apps to deliver on the promise of real mobile working, cloud is less of a nice-to-have and more of a necessity.
All in all, with improvements to everything from tech specs to network speeds, expect less conversation and (a lot) more action in the cloud space next year.
4. Fab tabs
Judging by our own research, not to mention predictions from the crystal ball like gaze of Gartner and Deloitte, tablets are on the up in the enterprise. Nine percent of us have been using tablets in our working lives this year according to our recent survey of 400 information workers, and that's true across a range of organisations, not just public sector.
Deloitte, which predicted at the end of last year that 25 percent of the 50million tablets sold world-wide would be purchased for business, clearly sees a big future for this most mobile of devices.
Gartner's prediction for 2012 that 35 percent of tech spending will occur outside of the IT department's control is likely to be fuelled in a big part by employees seeing what they can do with tablets at home and wanting to replicate the experience in the office.
As a result, we see next year being the one in which the tablet becomes a widely accepted part of the enterprise toolkit.
5. The SoMe business process
Social media for business is nothing new – tips, advice, trends and more have been filling column inches (this column included) for months now. But in 2012, we reckon it'll be less about how businesses market and sell over social media, and more about how they transform their operation using the social model.
Take a look around the web and you'll see great ideas on how social media can be used on everything from recruitment and HR to financial processes. At the end of the day, social media is just a great way of aggregating information out and getting better answers back in – which means that the 'wisdom of the crowds' can be applied to just about anything.
So, expect 2012 to be less about who shouts the loudest online, and more about who comes up with the most sophisticated way of bettering their business through social media.
Do you agree with the list above? Have we missed something big? Let us know in the comments section below.


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By Bonnie DavidsonThe Courier
April 9, 2014 | Volume 101 / Number 15
An airport can be an economic hub for small communities, often bringing in extra business and employment. With that backdrop, the Glasgow airport saw a change in management at the end of last year along with the welcome of Cape Air.
With changes still taking place as Valley County takes over airport management, a new airport manager has been added to the staff. Other ideas for upcoming projects, such as an additional hanger and perhaps a future fly-in, have been thrown around to help bring revenue and continue to bring support for the local airport.
County Commissioner Dave Pippin explain...
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Abraham Lincoln: Vampire Hunter
by Seth Grahame-Smith
Abraham Lincoln: Vampire Hunter: Friendship is Forever Until People Die Quiz
Think you've got your head wrapped around Abraham Lincoln: Vampire Hunter? Put your knowledge to the test. Good luck — the Stickman is counting on you!
Q. What does Abe's first mom, Nancy Hanks Lincoln, die from?
A fool's dose of vampire blood
A vampire ripping her heart out
Milk sickness
Disappointment with Abe
Q. What does Jack Armstrong die from?
A vampire attack
Getting sick from standing out in the rain
Drowning while hunting a vampire
A bear attack
Q. What does John Wilkes Booth die from?
Sun exposure
A vampire attack
Being shot by Union soldiers
Q. What does Mary Surratt die from?
Being hanged
A vampire attack
A bear attack
A gun misfiring
Q. How many of Abe's kids die during his lifetime?
One, Willie.
Two, Eddy and Willie
Three, Robert, Eddy, and Willie
All four, Robert, Eddy, Willie, and Tad.


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BREMERTON, Wash. – The University of Oregon men's golf team wrapped up its first day at the Kikkor Golf Husky Invitational tied for fifth (292-288-580) shooting four-over par on the Olympic Course at the Gold Mountain Golf Club in Bremerton, Wash. Monday evening. Ryann Ree carded a 141 (-3) to tie for third on the day to lead the Ducks.
The host, Washington, had a solid outing with an 11-under par (279-286-565) score while Cheng-Tsung Pan of the Huskies led the players leaderboard (68-70-138 (-6)). The University of San Diego (284-291-575 (-1)) was the only other team shooting under-par through two rounds on the par-72/7,124 yard course.
"Ryann was a real bright spot, he played beautifully today and if that continues he will really help his team," said head coach Casey Martin.
Jonathan Woo was able to get a better look on the latter half of the front nine in the second round and carded a 147 (+3) on the day. Teammate Zach Foushee (74-74-148) was right behind Woo shooting four-over. Rak Cho (76-74-150 (+6)) had a better Round 2 to end the day tied for 47th.
"Thomas Lim had a great start to his career," said Martin regarding the freshman's seven-under par performance today in his Oregon debut to lead the individual field. "I probably made a big mistake not playing him on the main team but he will play plenty for us in the future," said Martin.
Sophomore Brandon McIver (73-69-142 (E)) also placed in the top-10 in the individual field for the Ducks, tying for fourth.
"I thought the team competed hard but we weren't real sharp today," said Martin regarding the Duck's play today. "Too many mistakes took us out of contention, we'll need to have a good round tomorrow to get the year started off positively."
The Ducks look to finish strong tomorrow with a tee-time of 8:15 a.m. for the final round of the invitational.


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Review of wine refrigerators
If you love wine, then you must love the crisp taste that comes with it especially when it's nicely cooled. High quality wine with a lingering taste that leaves you craving for more is something that all wine-lovers appreciate. Wine refrigerators help in making sure that this is the experience you get with each glass of wine and that is why they are important. Depending on your needs, there are different types of wine refrigerators and reading a review before you buy one would be a great thing to do to make sure you get exactly what you want.
Wine refrigerator reviews showcase the different features of a product and help in making the decision of whether you should order it or not easier. Wine refrigerator reviews therefore are an important item to consider whenever you get any ideas to start serving cold wine. There are a number of things that it tells you before you buy it, such as the width and height of the refrigerator, specific features such as temperature control and if design is something that appeals to you, the craftsmanship behind the refrigerator. Bearing this in mind, here are some characteristics of wine refrigerators that are common to most of them and that you should consider when you want to order or buy one:
Number of bottles you want to store
The number of bottles that you want to be in your fridge is something that should guide you when choosing a refrigerator. If you are an enthusiast wine keeper, then large fridges, for instance those that have a capacity of 35-bottles, are the right way to go. Experts recommend people to buy wine refrigerators that are double the capacity they think they want, for example, if you're looking for something that holds 10 bottles, then buying a 21-bottle cooler would be the right thing to do. Apparently, experts say that this is because once you start enjoying chilled beverages, you'll probably start keeping more bottles than you need. A good example of a standard wine fridge (standard meaning not too large) is the Whynter WC-211DZ 21-bottle refrigerator.
When speaking of quality and wine refrigerators, efficiency is one thing that comes to mind. How well the cooler works is marked by aspects such as it how well it cools your drinks, whether or not it has defrosting options and whether or not it makes any noise. Wine refrigerator reviews make it clear as to which fridges offer the best of these attributes by comparing different models side by side. For example, the Vinotemp VT-21-bottle refrigerator is famous for its silence.
Different wine refrigerators have different features that make them tailor to your needs. Features include size, presence or absence of slide out shelves, type of controls and type of lights that the fridge has. When choosing a wine refrigerator, they type of characteristics that you would want your cooler to have should be a guiding force that aids you in making your decision. As there is no "universal" wine review that caters to all products, each wine refrigerator model has its own review that specifies its features. Whenever you get ideas of buying a cooler, reading a product's review to better understand its unique features is something worthwhile.
Design can be thought of in two ways, visual design and technical design. Visual design refers to how nice the glass door to the fridge looks or what type of LED lighting it is utilizing. Technical design focuses on things like minimizing noise and increasing lifespan. Getting the urge to order a fridge before reading its review isn't such a good idea. Elegance and class are two things that mark a good cooler and getting yourself one that flows with the theme of where you want it to go can only be achieved if you know its specific design qualities. Most if not all wine coolers are usually manufactured with an artistic touch, so finding a good one becomes something that's fairly easy.
The life span of an average wine cooler is two years. To get something that lasts longer, you'll have to pay more for a high-end model. This is a point where wine refrigerators differ from wine cellars. Wine coolers are not meant to help wine age; they just keep the beverages cool and ready for you to drink. Wine cellars, on the other hand are designed specifically to enable wine to age. Don't confuse the whole purpose of a wine cooler with that of a wine cellar. Two years or a product may not seem like such a long time, but the fact that an average wine cooler's life span is two years doesn't mean that it's suddenly going to break down. It means that it will not function at peak performance and that it would have lost the edge it had when you first bough it. The fridge would however continue to perform the basic functions that a cooler is supposed to perform.
Energy consumption
The amount of energy that home appliances that are electrical use is important when it comes to making sure your bill isn't too high. Larger wine refrigerators tend to use more power than smaller fridges, although this may not be always true. A very standard cooler with a capacity of thirty five bottles could consume a smaller amount of energy than a twenty one bottle cooler if the smaller model has more features such as defrosting options, more lighting, more cooling fans and so on. Wine refrigerator reviews on specific coolers would have this information and this would guide you in making the right choice.
Wine coolers with larger capacities usually cost more than those with smaller capacities. Additional features such as lighting also influence the price of the cooler. The price of coolers range from about 300-1000 dollars.
Coolers are important when it comes to beverages and reviews on a specific product that you have your eye on come in handy if you want to make a proper order.


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The Moraine Park Foundation, Society Insurance and the Culinary Arts program at Moraine Park Technical College invite you to enjoy the cuisine of Mediterranean countries on Friday, April 23.
Following a ports-of-call cruise theme, savor the flavors of Spain, Morocco, Greece, Italy and France from 6 to 10 p.m. at the Park Terrace restaurant on the College's Fond du Lac campus. This annual gourmet dinner, which features a different theme each year, benefits the Moraine Park Foundation's general scholarship fund.
Appetizers and wine reminiscent of Spain and Morocco will be served from 6 to 6:45 p.m. Beginning at 7 p.m., guests will enjoy a sumptuous meal with Greek and Italian influences, featuring avgolemono (soup), a Greek salad improvisation, Chianti sorbet laced with fresh basil, filet of beef tenderloin with Spanish ham, and Grande aged provolone cheese and a mushroom duxelle. The Winnebago Lutheran Academy Show Choir will provide musical entertainment, sponsored by Fox Valley Savings Bank.
After dinner at 9 p.m., guests may partake of French sweets and pastries as well as Blue Goose Blend coffee by Alterra, provided by the Blue Goose Coffee House in Horicon Bank, and dessert wine.
Reservations are limited to 100 guests and the cost of the event is $100 per person. To make reservations, call Joan at 920-924-3263. For directions to Moraine Park's Fond du Lac campus, visit morainepark.edu/maps.
The Moraine Park Foundation Inc. is a tax-exempt, nonprofit corporation. Its purpose is to solicit, receive and administer gifts, bequests and property for the development, promotion and benefit of Moraine Park. For more information, visit morainepark.edu/foundation.
Moraine Park Technical College is accredited by the HigherLearning Commission
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