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#179142 - 09/18/08 04:20 AM limpet
Carpal Tunnel
Registered: 06/23/06
Posts: 5295
Loc: Netherlands, the Hague
Today's word is the 'limpet ' I so often saw clinged to the Irish rocks but never knew the name of.
Figurative USAGE:
"If your child becomes a limpet, the teacher will peel him off your leg."
Kevin Harcombe; Learning to Let Go
I had just read the letter from an old NY.City friend who is teaching in the problem sector.
He puts it well to words:
"Indeed, teaching seems to be a work in progress. I do substitute teaching to try a see where and what works best. I've tried, from bilingual highschools with teenagers from the Dominican Republic who wear cloths that are two sizes too small, to "special education" schools where they throw together everything that doesn't fit somewhere else, autistic, retarded, emotionally disturbed etc. Not much chance for teaching in the latter case, but challenging nonetheless.
For example: The school day finished at 3PM, and I have to take 8 students who've miraculously survived 13 tumultuous years of existence and deliver them to their respective buses. I hold Kiki's hand. She's 14 and large, and was extremely sweet when I was working with her on the multiplication tables. Sweet, that is, until Noel - an angelic looking Puertoricon kid with Tico-like locks of golden brown hair, but a mosquito-like satanic personality, brushed up against her and whispered "ugly" in her ear. Kiki, who was sipping on a family size (large family) can of Sunkist Orange Soda, rifled the can at Noel's head...who ducked into a hip hop dancers magical floor spin in order to avoid to oncoming projectile.
Mr. Dinkins, the 350 pound para-professional standing at the door spun around and grabbed the first piece of adolescent flesh he could find, and put a murderous choke hold around the neck of Kent, a kid who'd been giving him trouble all day, but who, as fate would have it, had no participation in the aforementioned episode. Kent let out a wail, as Josue, a placid, palid Aspie whom I'd enticed into learning fractions by showing him examples of rough diamonds (models, not fakes) I'd cut in my factory, sometimes losing 1/3, sometimes losing 1/4, glided up to me asking when I would show him a real diamond.
Meanwhile, Kiki who was percolating, reached down into her back-pack, retreiving a hammer she'd lifted from woodworkshop - where well-behaved kids get free-time - and flung it like a petangue player in ole Bilbao- at Noel's angelic golden brown locks.
Noel flipped into a reverse head spin. Mr. Dinkins dropped Kent like a bag of melting M&Ms on a hot summer afternoon. Josue started crying.
And I made it for the door.
One neat Scotch later, I started thinking..."
(just the contrast to our present( yes ,here too) big city situations, where teachers have to peel the young ones off their own, rather than off their parents' legs.
#179154 - 09/18/08 12:45 PM Re: limpet [Re: BranShea]
Registered: 09/18/08
Posts: 1
Naval warfare of the contemporaray times use Limpet mines ...what are the advantages of these over the conventional mines..? any answers.. I will try to post the answers tomo.
#179158 - 09/18/08 02:36 PM Re: limpet [Re: RAJIV]
Carpal Tunnel
Registered: 06/24/02
Posts: 7210
Loc: Vermont
a previous, brief discussion here._________________________
formerly known as etaoin...
#179159 - 09/18/08 03:45 PM Re: limpet [Re: Buffalo Shrdlu]
Carpal Tunnel
Registered: 06/23/06
Posts: 5295
Loc: Netherlands, the Hague
Wow! Eta! 1999! That's a vintage discussion!
Oh Zed!(see link) Sea cucumber; We once got that served not knowing what it was. The next day when we thought we were catching (bare handed) a small octopus it turned out to be a sea cucumber that released in defence a cloud of white yackkie stuff and we were horrified about the food we had eaten in the little restaurant the night before.
#179162 - 09/18/08 05:31 PM Re: limpet [Re: BranShea]
Carpal Tunnel
Registered: 04/03/00
Posts: 10538
Loc: this too shall pass
the 'discussion' dates to 2004; the original AWAD entry to 1999 -- this just goes to show that Anu doesn't bother to check his archives anymore!
-joe (you should hear some of my subscribers rant when I inadvertently do a repeat) friday
#179778 - 10/23/08 11:21 AM Re: limpet [Re: tsuwm]
Carpal Tunnel
Registered: 06/23/06
Posts: 5295
Loc: Netherlands, the Hague
The last post dates from 9/18.
Figurative USAGE:
"If your child becomes a limpet, the teacher will peel him off your leg."
Kevin Harcombe; Learning to Let Go._
This is the second part: Learning to Go:
By above friend:
"It wasn't the well-aimed but cleverly restrained punch to the chest delivered - nonetheless, with conviction - by Curtis, or the push from 250 pound Damon which sent me half way across the room, accompanied by the sound of choral wonderment that made me flip (as in flip sides).
It was the uncontrollable amount of time I found myself thinking: next time I'm gonna drop to one knee, spin gracefully to the left, and deliver a deft lateral capoeira kick to the back of Damon's knee, or maybe I'll ambush him in a deserted hallway and scare the shit out of him as was suggested by more than one of the many large and strong paraprofessionals who roam the halls, or maybe I should read the manual on Restraint handed to me by Ms. Santana who hands out tough love to the mighty 8 who inhabit my classroom.
After 6 weeks I made it for the door, and back to the drawing board."
Where in my school teaching days did I ever get the idea that that teaching was an exigent job?
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You can't change the fact that you have had cancer. What you can change is how you live the rest of your life, making choices to help you stay healthy and feel as well as you can. This can be a time to look at your life in new ways. Maybe you are thinking about how to improve your health over the long term. Some people even start during cancer treatment.
Make healthier choices
For many people, finding out they have cancer helps them focus on their health in ways they may not have given much thought in the past. Are there things you could do that might make you healthier? Maybe you could try to eat better or get more exercise. Maybe you could cut down on alcohol, or give up tobacco. Even things like keeping your stress level under control might help. Now is a good time to think about making changes that can have positive effects for the rest of your life. You will feel better and you will also be healthier.
You can start by working on the things that worry you most. Get help with those that are harder for you. For instance, if you are thinking about quitting smoking and need help, call the American Cancer Society at 1-800-227-2345.
Eating better
Eating right can be hard for anyone, but it can get even tougher during and after some types of cancer treatment. Treatment may change your sense of taste. Nausea can be a problem. You may not feel like eating and lose weight when you don't want to. Or you might have gained weight that you can't seem to lose. All of these things can be very frustrating.
If treatment causes weight changes or eating or taste problems, do the best you can and keep in mind that these problems usually get better over time. You may find it helps to eat small meals every 2 to 3 hours until you feel better. You may also want to ask your cancer team about seeing a dietitian, an expert in nutrition who can give you ideas on how to deal with side effects of these treatments.
One of the best things you can do after cancer treatment is start healthy eating habits. You may be surprised at the long-term benefits of some simple changes, like increasing the variety of healthy foods you eat. Getting to and staying at a healthy weight, eating a healthy diet, and limiting your alcohol intake may lower your risk for a number of types of cancer, as well as having many other health benefits.
To learn more, read Nutrition and Physical Activity During and After Cancer Treatment: Answers to Common Questions.
Rest, fatigue, and exercise
Feeling tired (fatigue) is a very common problem during and after cancer treatment. This is not a normal type of tiredness but a bone-weary exhaustion that often doesn't get better with rest. For some people, fatigue lasts a long time after treatment and can keep them from staying active. But exercise can actually help reduce fatigue and the sense of depression that sometimes comes with feeling so tired.
If you are very tired, though, you will need to balance activity with rest. It's OK to rest when you need to. To learn more about fatigue, see Fatigue in People With Cancer.
If you were very ill or weren't able to do much during treatment, it is normal that your fitness, staying power, and muscle strength declined. You need to find an activity plan that fits your own needs. Talk with your health care team before starting. Get their input on your plans. Then try to get an exercise buddy so that you're not doing it alone.
Exercise can improve your physical and emotional health.
- It improves your heart fitness.
- Along with a good diet, it can help you get to and stay at a healthy weight.
- It makes your muscles stronger.
- It reduces fatigue.
- It can help lower anxiety and depression.
- It can make you feel happier.
- It helps you feel better about yourself.
Getting regular physical activity also plays a role in helping to lower the risk of some cancers, as well as having other health benefits.
Can I lower my risk of the melanoma growing or coming back?
Most people want to know if there are certain lifestyle changes they can make to reduce their risk of cancer growing or coming back.
At this time, not enough is known about melanoma to say for sure if there are things you can do that will be helpful. We do know that people who have had melanoma are at higher risk for getting another melanoma or other type of skin cancer. Because of this, it's very important to limit your exposure to UV rays (from the sun or tanning beds) and to examine your skin every month for signs of melanoma coming back or any new skin cancers.
Healthy behaviors such as not smoking, eating well, being active, and staying at a healthy weight may also help, but no one knows for sure. But we do know that these types of changes can have health effects that can extend beyond your risk of cancer.
Last Revised: 02/01/2016

subset: commoncrawl


text:
We want to inform you about a vulnerability found in the OpenSSL protocol, named "HeartBleed" and to let you know what to do to protect yourself.
What is this vulnerability in the OpenSSl protocol called HeartBleed?
This is a serious vulnerability in the popular OpenSSL cryptographic software library. This vulnerability opens for stealing the information protected, under normal conditions, by the SSL/TLS encryption used to secure the Internet. SSL/TLS provides secure communication over the Internet for applications such as web, email and instant messaging. More information about the vulnerability can be found on http://heartbleed.com/
What is the impact?
The Heartbleed vulnerability allows anyone on the Internet to read the memory of the systems protected by the vulnerable versions of the OpenSSL software . This compromises the secret keys used to identify the service providers and to encrypt the traffic, the names and passwords of the users and the actual content. This allows eavesdropping on communication, stealing data directly from the services and users, and to impersonate services and users without leaving a trace.
What you need to do?
The HeartBleed vulnerability has potentially made it possible for intruders to gain access to your username and password. Norman recommends that you:
If you have any concerns or questions, please get in touch with our local support teams: click here to find your local support team


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TCL > February 2013 Issue > Disciplinary Opinion
The Colorado Supreme Court adopted a series of changes to the attorney regulation system, including the establishment of the Office of the Presiding Disciplinary Judge (PDJ), pursuant to CRCP 251.16. The Court also made extensive revisions to the rules governing the disciplinary process, repealing CRCP 241 et seq., and replacing those rules with CRCP 251 et seq. The PDJ presides over attorney regulation proceedings and, together with a two-member Hearing Board, issues orders at trials and hearings. The Rules of Civil Procedure and the Rules of Evidence apply to all attorney regulation proceedings before the PDJ. See CRCP 251.18(d). Disciplinary Opinions may be appealed in accordance with CRCP 251.27.
The Colorado Lawyer publishes the summaries and full-text Opinions of PDJ William R. Lucero and the Hearing Board, whose members are drawn from a pool appointed by the Supreme Court. For space purposes, exhibits, complaints, and amended complaints may not be printed. Disciplinary Opinions are printed as submitted by the Office of the?PDJ and are not edited by the staff of The Colorado Lawyer.
Case No. 12PDJ018
September 21, 2012
This matter is before the Presiding Disciplinary Judge ("the Court") on the following pleadings: (1) "Respondent's Motion for Summary Judgment under C.R.C.P. 56(h)," filed by William Muhr, counsel for David A. Harper ("Respondent") on August 15, 2012; (2) "Complainant's Response to Respondent's Motion for Summary Judgment under C.R.C.P. 56(b)," filed by Adam J. Espinosa, Office of Attorney Regulation Counsel ("the People") on August 29, 2012; (3) Respondent's "Reply to Complainant's Response to Respondent's Motion for Summary Judgment under C.R.C.P. 56(h)," filed on September 5, 2012; (4) "Complainant's Motion for Summary Judgment," filed on August 14, 2012; (5) Respondent's "Response to Complainant's Motion for Summary Judgment," filed on August 28, 2012; (6) "Complainant's Reply to Motion for Summary Judgment," filed on September 4, 2012; and (7) the People's "Addendum to Complainant's Reply to Motion for Summary Judgment," filed on September 12, 2012.1
I. Background
Respondent was admitted to the bar of the State of Colorado on November 29, 1985, and is listed upon the official records under attorney registration number 15400, with the business address of 2015 W. Cheyenne Road, Colorado Springs, Colorado 80906.2 He is thus subject to the jurisdiction of the Court in these disciplinary proceedings.3
This is a reciprocal discipline case arising out of Respondent's suspension from the practice of law in the State of Florida. C.R.C.P. 251.21(d) requires disciplinary counsel to file a complaint against a Colorado attorney who has been publicly disciplined in another jurisdiction. The People filed their complaint in this matter on February 17, 2012, and Respondent filed an answer on April 16, 2012. A three-day hearing was set to commence on October 10, 2012.
II. Legal standards
C.R.C.P. 56(h)
C.R.C.P. 56(h), the rule under which Respondent filed his motion for summary judgment, provides:
Determination of a Question of Law. At any time after the last required pleading, with or without supporting affidavits, a party may move for determination of a question of law. If there is no genuine issue of any material fact necessary for the determination of the question of law, the court may enter an order deciding the question.
The Colorado Supreme Court has recognized that the purpose of this rule is:
to allow the court to address issues of law which are not dispositive of a claim (thus warranting summary judgment) but which nonetheless will have a significant impact upon the manner in which the litigation proceeds. [Resolving such issues] will enhance the ability of the parties to prepare for and realistically evaluate their cases . . . and allow the parties and the court to eliminate significant uncertainties on the basis of briefs and argument, and to do so at a time when the determination is thought to be desirable by the parties.4
When a court reviews a motion filed under C.R.C.P. 56(h), "[t]he nonmoving party is entitled to all favorable inferences."5
C.R.C.P. 56(c)
The Court reviews the People's motion for summary judgment under C.R.C.P. 56(c). That rule provides that summary judgment is appropriate when the pleadings, affidavits, depositions, or admissions show there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law.6 Summary judgment permits the parties to pierce the formal allegations of the pleadings and save the time and expense involved in a trial when, as a matter of law and based on undisputed facts, one party could not prevail.7
The burden of establishing the nonexistence of a genuine issue of material fact is on the moving party.8 This burden is satisfied by demonstrating that there is an absence of evidence in the record to support the nonmoving party's case.9 Once the moving party meets this initial burden, the burden shifts to the nonmoving party to establish that there is a triable issue of fact.10 The nonmoving party cannot rest upon mere allegations or denials; rather, it must present specific facts showing the existence of a genuine and material factual dispute.11
In reciprocal discipline proceedings, except as otherwise provided by rule, "a final adjudication in another jurisdiction of misconduct constituting grounds for discipline of an attorney shall . . . conclusively establish such misconduct."12 C.R.C.P. 251.21 directs the Court to order the same discipline as was imposed in a sister jurisdiction unless certain exceptions exist.13 As relevant here, the same discipline should be imposed unless the Court determines that, as Respondent alleges, the disciplinary proceeding in Florida did not comport with due process requirements.14
Respondent is mistaken in his view—which he does not support with any legal authority—that he is "entitled to an independent review of the actions taken in the foreign bar proceedings."15 The legality and validity of already-adjudicated proceedings may not be collaterally attacked or re-tried in reciprocal disciplinary proceedings.16 "There is no need for a de novo repetition of the entire process" when "another jurisdiction has already afforded the attorney a disciplinary procedure that includes notice, an opportunity to be heard, sufficient proof of misconduct, and a determined sanction."17
In reviewing Respondent's due process arguments, the Court is mindful that, while a respondent attorney is entitled to due process in disciplinary proceedings,18 the lawyer need not be afforded the full panoply of constitutional safeguards granted to defendants in criminal trials.19 The Colorado Supreme Court has found that disciplinary proceedings comported with due process standards where respondents had notice of the proceedings, were present or were represented at the proceedings, had the opportunity to question witnesses and to introduce evidence, and were able to file an appeal.20
Where there are sufficient undisputed facts material to a due process determination under C.R.C.P. 251.21(d)(1), the Court may resolve such a case as a matter of law21 based on Colorado's due process standards.22
III. Undisputed Material Facts
Respondent was licensed to practice law in Florida in 1985.23 Florida bar counsel filed a complaint against Respondent and served a copy upon him on December 21, 2009.24 The complaint alleged that Respondent engaged in misconduct while assisting his parents in litigation filed against United States Automobile Association ("USAA") in Seminole County, Florida, in February 2005 (Harper v. USAA, Case Number 05-CA-401).25
Judge Alan Dickey presided over the USAA lawsuit beginning in 2006.26 In June 2008, disagreements arose in the case regarding the coordinated scheduling of hearings.27 After Judge Dickey issued rulings adverse to Respondent, Respondent moved to disqualify him.28 The case was reassigned to Judge Nancy Alley, who Respondent moved to disqualify on the grounds that she worked in the same division as Judge Dickey.29 He also sought Judge Alley's removal by filing a petition for writ of prohibition in the court of appeals.30 Judge Alley ultimately recused herself and filed a grievance against Respondent.31
Judge Robert L. Pegg served as referee in the Florida disciplinary proceeding. Prior to the hearing, Judge Pegg quashed Respondent's subpoenas of four members of the grievance committee and denied Respondent's motion to disqualify him.32 A three-day disciplinary hearing commenced on September 28, 2010.33 Respondent represented himself at that hearing.34 He called four witnesses and entered fourteen documents into evidence.35
Judge Pegg issued a "Report of Referee" on October 26, 2010.36 The report concluded that Respondent violated Florida Rules of Professional Conduct 41.1 (a lawyer shall provide competent representation), 4-3.2 (a lawyer shall make reasonable efforts to expedite litigation), 4-3.3(a)(1) (a lawyer shall not knowingly make a false statement of material fact or law to a tribunal), 4-8.2(a) (a lawyer shall not knowingly or recklessly make a false statement concerning a judge's integrity), 4-8.4(c) (a lawyer shall not engage in conduct involving dishonesty, fraud, deceit, or misrepresentation), 4-8.4(d) (a lawyer shall not engage in conduct prejudicial to the administration of justice), and 4-3.4(c) (a lawyer shall not knowingly disobey an obligation under the rules of a tribunal).37 Judge Pegg recommended that Respondent be suspended from the practice of law for ninety-one days and thereafter until Respondent demonstrated his rehabilitation.38
The report found:
The manner in which respondent chose to challenge the judges' actions in the underlying case has done nothing but cause delay for a purpose and/or purposes that are unclear. The evidence demonstrated clearly and convincingly that respondent knowingly disobeyed an obligation under the rules of the tribunal when he scheduled a hearing before Judge Dickey after Judge Dickey had explicitly told him to coordinate hearing dates and times with opposing counsel . . . . However, the most egregious conduct engaged in by respondent was his knowing false statements to the tribunal [including] as to the conduct of the judges as asserted by respondent in his numerous motions to disqualify and/or petitions, his outright misrepresentations as to the statements made by Judge Alley, and the statements respondent made that he knew were false or with reckless disregard as to their truth or falsity concerning the qualifications or integrity of the judges in Seminole County, Florida. The magnitude of respondent's unethical and unprofessional conduct cannot be minimized.39
Respondent appealed the referee's report to the Supreme Court of Florida in December 2010.40 His request for oral argument was denied.41 On August 17, 2011, the Supreme Court of Florida entered an order suspending Respondent from the practice of law in Florida for ninety-one days, with the requirement of reinstatement.42 The Supreme Court of Florida subsequently denied Respondent's motion for rehearing and oral argument.43
IV. Respondent's Motion form Summary Judgment
In order to honor the different burdens placed on moving and on nonmoving parties under C.R.C.P. 56, the Court considers Respondent's and the People's motions for summary judgment separately. The Court first addresses Respondent's motion for summary judgment.
Respondent sets forth thirty-eight "undisputed" "material facts," which concern the USAA litigation and the disciplinary proceedings in Florida. The People contend that the assertions in Respondent's statement of material facts have already been addressed in the Florida proceeding and are immaterial. In his reply, Respondent argues that the People failed to comply with the at-issue conference order because they "disputed" rather than "admitted or denied" Respondent's assertions of material fact and because they did not style a heading in their response in the precise terms set forth in the at-issue conference order. Although the Court would prefer for the parties to use the terminology set forth in the at-issue conference order, the People's deviations from the Court's order are not substantive and certainly do not merit striking the People's entire brief or deeming all of Respondent's assertions of fact to be admitted, as Respondent proposes.
The Court concludes that Respondent's motion for summary judgment is deficient for several reasons. As an initial matter, Respondent misapplies C.R.C.P. 56(h), which is intended to permit a court to "address issues of law which are not dispositive of a claim."44 Respondent essentially seeks resolution of the entire case in his C.R.C.P. 56(h) motion.
Moreover, even if the Court grants Respondent the benefit of reviewing his motion under the proper rule, C.R.C.P. 56(c), the Court cannot identify facts forming a proper basis for an award of summary judgment in Respondent's favor. Many of his factual assertions are presented in a subjective fashion and clearly are not uncontested "facts." As but one example, Respondent asserts as fact that "Judge Dickey revealed his bias in favor of the USAA."45
These deficiencies are greatly compounded by Respondent's failure to make "specific reference[s] to evidence or materials supporting the factual allegation," as required on page seven of the Court's at-issue conference order. Unlike the terminology issues in the People's response that Respondent protests, Respondent's own noncompliance with the at-issue conference order greatly complicates the Court's task.46 Indeed, Respondent's failure to cite evidentiary support not only prejudices the Court but also prejudices Respondent himself, as the Court has been unable to identify evidence supporting many of his assertions.
In light of the inferences to be drawn in the People's favor under C.R.C.P. 56, the Court finds a wholly inadequate factual basis for Respondent's motion. Because Respondent has not carried his initial burden to show the nonexistence of issues of material fact, there is no need to examine the merits of his legal arguments regarding his alleged facts. Respondent's motion simply does not begin to establish that he was denied due process of law. As such, the Court denies Respondent's motion for summary judgment.
V. Complainant's Motion for Summary Judgment
No legitimate dispute exists that the Supreme Court of Florida suspended Respondent from the practice of law for ninety-one days with the requirement of reinstatement.47 With limited exceptions, a "final adjudication in another jurisdiction of misconduct constituting grounds for discipline . . . conclusively establish[es] such misconduct" for purposes of reciprocal discipline in Colorado.48 Accordingly, the People have met their burden of proof. The burden of proof thus shifts to Respondent to establish that a triable issue of fact exists in this matter.49
Respondent contends, pursuant to C.R.C.P. 251.21(d)(1), that the procedure followed in Florida did not comport with the requirements of due process. He presents the following due process challenges to the Florida disciplinary proceedings: (1) Judge Pegg was never properly qualified as the "successor referee" pursuant to Florida regulations and was disqualified from hearing Respondent's disciplinary case; (2) the Florida bar's complaint failed to provide adequate notice of the claims against him; (3) Respondent's rights to petition and to free speech were infringed; (4) Judge Pegg denied Respondent's right to confront witnesses; (5) the complaining judges were disqualified from the underlying civil proceedings; (6) the referee's report improperly adopted the proposed report submitted by Florida bar counsel; and (7) Respondent's right to render an oral argument before the Supreme Court of Florida was denied.50
Based on the standards explained in Section II of this order, the Court has no difficulty concluding that Respondent's due process rights were honored in the Florida proceeding. Respondent was provided notice of the claims against him, and he was given the opportunity to present witnesses and evidence on his behalf and to appeal the referee's report. Respondent's arguments that Judge Pegg was not properly qualified as the "successor referee" and was disqualified from hearing Respondent's disciplinary case; that Respondent's rights to petition and to free speech were infringed; that the complaining judges were disqualified from the underlying civil proceedings; and that the referee's report improperly adopted the proposed report submitted by Florida bar counsel all fall outside the scope of review of alleged due process deprivations under C.R.C.P. 251.21(d).51
Respondent's remaining arguments do implicate the right to notice, to present witnesses and evidence, and to appeal an adverse judgment, and the Court therefore will examine each in turn.
First, Respondent asserts that the Florida bar's complaint provided inadequate notice of the claims against him. More specifically, Respondent argues that the format of the complaint—in which a list of allegedly violated rules followed a list of alleged facts—was "vague and/or ambiguous" because he was forced to guess which rule applied to which facts.52 Respondent cites no Colorado law that supports his position that the format of the Florida bar's complaint was deficient on due process grounds. The Court finds that the complaint, which contains eighty-six factual allegations, amply alerts Respondent to the nature of the alleged misconduct.53
Next, Respondent argues that Judge Pegg denied his right to confront witnesses by quashing Respondent's subpoenas of grievance committee members, restricting Respondent's questioning of Judge Dickey regarding his relationship with members of the grievance committee, and refusing to allow Respondent to enter Judge Alley's grievance into evidence. Respondent's allegations regarding the "rigging" of the grievance committee appear to have been speculative and irrelevant to the allegations of misconduct, such that Judge Pegg acted within his discretion in quashing the subpoenas of the grievance committee members.54 Similarly, Judge Pegg was vested with discretion to rule that Respondent's questions regarding Judge Dickey's relationship with members of the grievance committee were irrelevant.55 In addition, Respondent has not demonstrated that Judge Pegg's decisions to exclude Judge Alley's grievance while admitting into evidence bar counsel's allegedly incomplete exhibits caused him harm. In sum, Respondent had ample opportunity to defend against the disciplinary charges, and he has not shown that he was prejudiced by Judge Pegg's evidentiary rulings.56
Finally, Respondent contends that his right to present oral argument before the Supreme Court of Florida was denied. Respondent is incorrect in believing he had a due process right to present oral argument in his disciplinary appeal. He offers no legal authority supporting this contention, with the exception of a Florida rule, the plain language of which does not support Respondent's argument.57 The United States Supreme Court has held that "the right of oral argument as a matter of procedural due process varies from case to case in accordance with differing circumstances, as do other procedural regulations. Certainly the Constitution does not require oral argument in all cases where only insubstantial or frivolous questions of law, or indeed even substantial ones, are raised."58 The Colorado Supreme Court has not identified a due process right to present oral argument; in numerous disciplinary proceedings, it has denied respondents' requests for oral arguments and issued rulings based on the record on appeal.59 Respondent has not presented any persuasive reason why the Supreme Court of Florida should have granted oral argument, nor does it appear that the issues in his case were sufficiently complex or noteworthy to make oral argument advisable.
In sum, Respondent has not carried his burden to show that the Florida disciplinary proceedings deprived him of due process.60 Accordingly, the Court will grant the People's motion for summary judgment and, as dictated by C.R.C.P. 251.21(d), impose the same discipline ordered in Florida: suspension for ninety-one days, with the requirement that Respondent petition for reinstatement of his law license and prove rehabilitation.
The Court therefore ORDERS:
1. The Court DENIES "Respondent's Motion for Summary Judgment under C.R.C.P. 56(h)" and GRANTS "Complainant's Motion for Summary Judgment."
2. David A. Harper, attorney registration number 15400, is SUSPENDED FOR NINETY-ONE DAYS, WITH THE REQUIREMENT OF REINSTATEMENT PROCEEDINGS. The suspension SHALL take effect only upon issuance of an "Order and Notice of Suspension."61
3. The three-day hearing scheduled to commence on October 10, 2012, at 9:00 a.m. is VACATED.
4. Respondent SHALL file any post-hearing motion or application for stay pending appeal with the Court on or before October 12, 2012. No extensions of time will be granted. If Respondent files a post-hearing motion or an application for stay pending appeal, the People SHALL file any response thereto within seven days, unless otherwise ordered by the Court.
5. Respondent SHALL pay the costs of these proceedings. The People SHALL submit a "Statement of Costs" within fourteen days from the date of this order. Respondent's response to the People's statement, if any, must be filed no later than fourteen days thereafter.
6. Respondent SHALL promptly comply with C.R.C.P. 251.28(a)-(c), concerning winding up of affairs, notice to parties in pending matters, and notice to parties in litigation. Respondent also SHALL file with the Court, within fourteen days of the issuance of the "Order and Notice of Suspension," an affidavit complying with C.R.C.P. 251.28(d).
1. The parties also filed several ancillary documents: (1) a "Notice of Corrected Exhibits to Complainant's Response to Respondent's Motion for Summary Judgment under C.R.C.P. 56(b)," filed by the People on August 30, 2012, (2) a "Notice of Correction to Affidavit Attached to Reply to Complainant's Response to Respondent's Motion for Summary Judgment under C.R.C.P. 56(h) (to correct language of sworn oath only)," filed by Respondent on September 7, 2012; (3) a "Notice of Corrected Description of Exhibits to Respondent''s [sic] Motion for Summary Judgment under C.R.C.P. 56(h)," filed by Respondent on September 7, 2012, (4) a "Notice of Corrected Description of Exhibits Attached to Response to Complainant's Motion for Summary Judgment," filed by Respondent on September 7, 2012; (5) a "Notice of Correction to Affidavit Attached to Response to Complainant's Motion for Summary Judgment (to correct language of sworn oath only)," filed by Respondent on September 10, 2012; and (6) a "Notice of Correction to Affidavit Attached to Respondent's Motion for Summary Judgment under C.R.C.P. 56(h) (to correct language of sworn oath and add completed notary block and seal)," filed by Respondent on September 10, 2012.
2. Although Respondent does not admit these facts—which the Court finds hard to comprehend—the Court takes judicial notice of this information on the Colorado Supreme Court's attorney information website.
3. See C.R.C.P. 251.1(b).
4. Matter of Bd. of County Comm'rs of County of Arapahoe, 891 P.2d 952, 963 n.14 (Colo. 1995) (quoting 5 Robert Hardaway & Sheila Hyatt, Colorado Civil Rules Annotated § 56.9 (1985)).
5. Henisse v. First Transit, Inc., 247 P.3d 577, 579 (Colo. 2011).
6. C.R.C.P. 56(c); see Civil Serv. Comm'n v. Pinder, 812 P.2d 645, 649 (Colo. 1991); Jones v. Dressel, 623 P.2d 370, 373 (Colo. 1981).
7. Mt. Emmons Mining Co. v. Town of Crested Butte, 690 P.2d 231, 238 (Colo. 1984); A-1 Auto Repair & Detail, Inc. v. Bilunas-Hardy, 93 P.3d 598, 603 (Colo. App. 2004).
8. See Cont'l Airlines, Inc. v. Keenan, 731 P.2d 708, 712 (Colo. 1987).
9. Id.
10. Id. at 713.
11. Id.
12. C.R.C.P. 251.21(a).
13. See also People v. Meyer, 908 P.2d 123, 124 (Colo. 1995).
14. C.R.C.P. 251.21(d)(1).
15. Reply to Complainant's Resp. to Respondent's M. Summ. J. at 2-3.
16. People v. Smith, 937 P.2d 724, 728 (Colo. 1997); see also People v. Calder, 897 P.2d 831, 832 (Colo. 1995) (determining that a hearing board "appropriately declined the respondent's invitation to retry the Utah disciplinary proceedings"); In re Fuchs, 905 A.2d 160, 164 (D.C. 2006) ("reciprocal disciplinary proceedings are not a forum to reargue the foreign discipline").
17. Matter of Velasquez, 507 A.2d 145, 147 (D.C. 1986).
18. In re Ruffalo, 390 U.S. 544, 550 (1968); In re Egbune, 971 P.2d 1065, 1072 (Colo. 1999).
19. People v. Morley, 725 P.2d 510, 514 (Colo. 1986); People v. Harfmann, 638 P.2d 745, 747 (Colo. 1981).
20. People v. Williams, 892 P.2d 885, 887 (Colo. 1995) (finding no due process violation in Virginia disciplinary proceeding where the attorney had notice of that proceeding, the attorney was represented by counsel, the attorney's counsel cross-examined witnesses and introduced exhibits, and bar counsel were required to prove misconduct by clear and convincing evidence); Calder, 897 P.2d at 832 (approving a hearing board's findings that a respondent had failed to demonstrate lack of due process in a foreign disciplinary proceeding, where the attorney had participated in five days of evidentiary hearings, followed by an appeal); People v. Payne, 738 P.2d 374, 375 (Colo. 1987) (rejecting contention that Indiana grievance proceeding deprived attorney of due process where attorney admitted he had notice of that proceeding, attended a hearing, and presented witnesses, but his appeal was dismissed after he failed to file a transcript).
21. While C.R.C.P. 251.21(d) states that "[a]t the conclusion of proceedings brought under this Rule, the Hearing Board shall issue a decision," at least one other jurisdiction has held that challenges to reciprocal discipline may be decided as a matter of law. See In re Disciplinary Proceedings Against Peiss, 788 N.W.2d 636, 639 (Wis. 2010) (holding that bar counsel was entitled as a matter of law to the entry of judgment imposing reciprocal discipline); In re Disciplinary Proceedings Against Selmer, 595 N.W.2d 373, 374 (Wis. 1999) (approving entry of summary judgment on basis of reciprocal discipline when the respondent attorney failed to show that the foreign adjudication deprived him of due process); accord In re Smith, 989 P.2d 165, 176 (Colo. 1999) (rejecting respondent's contention that hearing board's presiding officer committed reversible error in granting summary judgment against him regarding certain of his defenses and mitigating circumstances).
22. See Smith, 937 P.2d at 727, 729 (measuring disciplinary procedure in federal court against Colorado's due process standards).
23. Complainant's M. Summ. J. Ex. B at 1.
24. Respondent's M. Summ. J. Ex. 4 at 21.
25. Complainant's M. Summ. J. Ex. B at 2; Respondent's M. Summ J. at 2 & Ex. 4.
26. Complainant's M. Summ. J. Ex. B at 2; Respondent's M. Summ J. at 2.
27. Complainant's M. Summ. J. Ex. B at 2-3.
28. Complainant's M. Summ. J. Ex. B at 3-4; Respondent's M. Summ. J. at 2.
29. Complainant's M. Summ. J. Ex. B at 6; Respondent's M. Summ J. at 2.
30. Complainant's M. Summ. J. Ex. B at 13; Respondent's M. Summ. J. at 3.
31. Complainant's M. Summ. J. Ex. B at 15-16; Respondent's M. Summ. J. at 4.
32. Respondent's M. Summ. J. at 5; Complainant's Resp. to Respondent's M. Summ. J. Ex. 2 at 36.
33. Complainant's M. Summ. J. Ex. B at 1.
34. Complainant's M. Summ. J. Ex. B at 1.
35. Complainant's M. Summ. J. Ex. B at 2.
36. Complainant's M. Summ. J. Ex. B.
37. Complainant's M. Summ. J. Ex. B at 21-22.
38. Complainant's M. Summ. J. Ex. B at 22.
39. Complainant's M. Summ. J. Ex. B at 20.
40. Complainant's M. Summ. J. Ex. C at 5.
41. Complainant's M. Summ. J. Ex. C at 6; Respondent's M. Summ. J. at 5.
42. Complainant's M. Summ. J. Ex. A.
43. Complainant's M. Summ. J. Ex. C at 6.
44. Matter of Bd. of County Comm'rs of County of Arapahoe, 891 P.2d at 963 n.14.
45. Respondent's M. Summ. J. at 3-4.
46. See O'Quinn v. Baca, 250 P.3d 629, 631 (Colo. App. 2010) (noting that parties had failed to comply with an appellate rule requiring citations to the record and stating that the court is under no obligation to conduct a search of the record on its own).
47. The Court finds no merit in the argument on page one of Respondent's response to the People's motion for summary judgment that the Supreme Court of Florida's order approving Judge Pegg's report is "void ab initio" because it was "made by the Florida Bar counsel (and not by a referee)." See Am. Water Dev., Inc. v. City of Alamosa, 874 P.2d 352, 376 (Colo. 1994) ("Adoption of a prevailing party's proposed findings of fact and conclusions of law is not necessarily improper."); Elec. Power Research Inst., Inc. v. City & County of Denver, 737 P.2d 822, 829 (Colo. 1987) (holding that a hearing officer's adoption of proposed findings of fact and conclusions of law submitted by one of the parties did not deprive the other party of due process, nor did it imply that the hearing officer lacked impartiality).
48. C.R.C.P. 251.21(a).
49. See Calder, 897 P.2d at 832 (noting that the hearing board in a reciprocal disciplinary proceeding properly placed the burden on the respondent to demonstrate by clear and convincing evidence that less severe discipline, or no discipline, should be imposed in Colorado); cf. In re Kramer, 282 F.3d 721, 724 (9th Cir. 2002) (citing federal cases concluding that it is the burden of a respondent attorney to show by clear and convincing evidence that reciprocal discipline should not be imposed).
50. Respondent also made these assertions in his own motion for summary judgment. Because the Court must draw all favorable inferences in Respondent's favor when reviewing the People's motion for summary judgment, the Court undertakes a closer examination of Respondent's due process challenges here than the Court did in its review of the People's motion.
51. Although these arguments are outside the scope of this proceeding, a brief review strongly suggests that the arguments lack merit. For instance, as noted above, there is no legal basis for Respondent's argument that Judge Pegg violated due process standards or Florida rules, which require a referee to "make" a report, when Judge Pegg adopted proposed findings submitted by bar counsel. See Elec. Power Research Inst., 737 P.2d at 829; Am. Water Dev., 874 P.2d at 376. In addition, the Court cannot comprehend Respondent's argument that Judge Pegg was improperly appointed. Respondent argues: "Even though under the above rule [Rule 3-7.6(h)(8) at page 1-9 of Exhibit 1], only the chief justice of the Florida Supreme Court could appoint the successor referee, the "successor referee," Judge Pegg, was appointed by [ ] the Chief Judge of the Nineteenth Judicial Circuit." Respondent's M. Summ. J. at 7. But the rule which Respondent cites for that proposition and includes on page 1-9 of exhibit 1 to his motion reads: "In the event of a disqualification, the chief judge of the appropriate circuit shall appoint a successor referee from that same circuit." Thus, Respondent's own legal authority does not require the chief justice of the Supreme Court of Florida to appoint a referee.
52. Respondent's M. Summ. J. at 9.
53. See Respondent's M. Summ. J. Ex. 4; Smith, 937 P.2d at 728; In re Smith, 989 P.2d at 171. The decision in In re Bielec, 755 A.2d 1018 (D.C. 2000) exemplifies the type of circumstances meriting a finding of due process violations in a reciprocal discipline context. In that case, in stark contrast to the case at bar, the court was "unable to identify any evidence in the record which describes the specific charges against [the attorney] or the ethical violations that form the basis for his suspension." Id. at 1024.
54. See United States v. Valenzuela-Bernal, 458 U.S. 858, 867 (1982) (holding that a defendant may not, via compulsory process, "secure the attendance and testimony of any and all witnesses," but must first "at least make some plausible showing of how their testimony would have been both material and favorable to his defense").
55. See Adams v. Frontier Airlines Fed. Credit Union, 691 P.2d 352, 355 (Colo. App. 1984) ("A trial court has broad discretion in receiving or rejecting evidence on relevancy grounds.").
56. See In re Marriage of Dauwe, 148 P.3d 282, 286 (Colo. App. 2006) (stating that, to establish a due process violation, a party must show that the absence of a witness caused him prejudice).
57. See Respondent's M. Summ. J. at 14 (noting that Rule 3-7.7(c)(4) of the Rules Regulating the Florida Bar state: "Request for oral argument may be filed in any case wherein a petition for review is filed, at the time of filing the first brief. If no request is filed, the case will be disposed of without oral argument unless the Court orders otherwise."). To read this rule as requiring any and all requests for oral argument to be granted requires a highly contorted interpretation.
58. Fed. Communications Comm'n v. WJR, The Goodwill Station, 337 U.S. 265, 275-76 (1949); see also State ex rel. Reed v. Schwab, 600 P.2d 387, 390 (Or. 1979) (noting that the United States Supreme Court "itself often denies oral argument in cases involving fairly important questions") (citing 1 K. Davis, Administrative Law Treatise 434-35, § 7.07 (1958)).
59. See also Guerra v. Supreme Court of Texas, 165 F.3d 24 (5th Cir. 1998) (rejecting due process challenge to rules permitting the Texas Supreme Court to decide disciplinary appeals without oral argument, and stating that "due process does not require oral argument in cases in which there are no novel or complex issues of law; good briefs are submitted by both parties; the record is not overly voluminous, and the case involves no broad issues of social policy").
60. The Court notes that this finding is supported by an "Order Denying Relief from the Rule of Good Standing," issued by the U.S. District Court for the District of Colorado in In the Matter of David Anthony Harper, 11-DP-51, on August 31, 2012. In that order, the federal disciplinary panel found "overwhelming evidence that [Respondent's] due process rights were scrupulously protected" in the Florida disciplinary proceeding, and that "[i]n no conceivable way can the procedures resulting in [Respondent's] discipline be said to have been so lacking in notice or opportunity to be heard to constitute a denial of his right to due process." Addendum to Reply to M. Summ. J. Ex. G at 4.
61. In general, an order and notice of sanction will issue thirty-five days after a decision is entered pursuant to C.R.C.P. 251.19(b) or (c). In some instances, the order and notice may issue later than thirty-five days by operation of C.R.C.P. 251.27(h), C.R.C.P. 59, or other applicable rules.


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Is it okay to let milk come to room temperature on its own (without warming it)?
Is it okay to let milk come to room temperature on its own (without warming it)?
I'm Beth-
Mama to L (7/14/09) and B (6/27/11).
I don't think that's a good idea. On my milk storage bags it says to thaw under warm water or in the refrigerator but not to let it thaw at room temperature. Though if it's fresh milk that has never been stored it's fine to leave it sitting out for 4 hours according to my LC.
~ Theresa
wife to Mike and mommy to Clara (9-5-08) 2 years and going strong!!
do it all the time...no probs
-Wife to Joe 5-15-04
-First time mom to Courtney Ann 8-12-07
-Became a mom of 2: Brendan Joseph was born 01-08-09
-Breastfed both of them for one whole year
-Now a new mom of 3: Emily Theresa born 12-14-11
-Breastfeeding again and hope to go the full year!
I'm wondering the same. I have done this a few times when going out for stroller rides etc and didn't seem to have a problem but didn't use it if it had been out longer than 2-3 hrs.
I did this for the first time just last week when we went out to eat. My car warmer did not heat the bottle at all so I just sat it between my legs thinking my body heat might help slightly. I was worried my daughter wouldn't take it without it being warmer but she chugged it down without any problems.


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October 13, 2014
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Markarian 273 is a galaxy with a bizarre structure that somewhat resembles a toothbrush. The Hubble image shows an intricate central region and a striking tail that extends diagonally towards the bottom-right of the image. The tail is about 130 thousand light-years long and is strongly indicative of a merger between two galaxies. Markarian 273 has an intense region of starburst, where 60 solar masses of new stars are born each year. Near-infrared observations reveal a nucleus with two components. Markarian 273 is one of the most luminous galaxies when observed in the infrared, and is located 500 million light-years away from Earth.
This image is part of a large collection of 59 images of merging galaxies taken by the Hubble Space Telescope and released on the occasion of its 18th anniversary on 24th April 2008.
Object Names: Mrk 273, UGC 8696, I Zw 071
Image Type: Astronomical
Credit: NASA, ESA, the Hubble Heritage (STScI/AURA)-ESA/Hubble Collaboration, and A. Evans (University of Virginia, Charlottesville/NRAO/Stony Brook University)
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To access available information and downloadable versions of images in this news release, click on any of the images below:


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2011 Gest Fellow: Susan Hanket BrandtMonday, September 26th, 2011
From time to time, we will be posting profiles of our Gest Fellows. Susan Hanket Brandt is a Ph.D. candidate in history at Temple University. Her dissertation is entitled "Gifted Women and Skilled Practitioners: Gender and Healing Authority in the Mid-Atlantic Region, 1740-1830."
My dissertation complicates the current declension model that narrates women healers' prominence in the seventeenth and early eighteenth centuries, and their subsequent loss of authority in the late eighteenth and early nineteenth centuries due to the rise of enlightened science, male-authored medical texts, man-midwifery, and clinical-anatomical education in the increasingly numerous medical schools. Instead, I argue that some women found new sources of healing authority in female education, manuscript authorship, the culture of sensibility, access to print media, and the antiauthoritarianism of dissenting religious groups like the Society of Friends. The dearth of female practitioners' medical recipe books and papers has contributed to their misleading invisibility. A goal of my dissertation is to uncover women healers' hidden practices and their vital role in the American healthcare marketplace.
The Gest Fellowship allowed me to analyze the recipe book, garden book, diaries, business papers, and thousands of family letters penned by healer Margaret Hill Morris (1737-1816) and her family. The letters are a particularly rich source, as they chronicle Morris' day-to-day healing practice as it changed over the course of her adult life, from a benevolent ministry to a profitable medical/apothecary business. Morris' writings demonstrate how she constructed her healing authority as she participated in therapeutic social networks, examined medical books, and cared for extended family members and patients in her community. Morris' profound Quaker beliefs were a source of spiritual comfort for patients and family members as they faced frequent illnesses and the deaths of loved ones. The letters chart an Atlantic exchange of healing information and medicinal plants between Quakers in Philadelphia, Madeira, and the British Isles. In addition, the papers of traveling ministers Rebecca Jones and Mary Swet include medicinal recipes, raising the question of healing practice as part of their transatlantic ministry.
The Special Collections staff's assistance was invaluable in my research. Professors Emma Jones Lapsansky and Susan Mosher Stuard also offered helpful suggestions. My Gest Fellowship research will help me to analyze the scope of Quaker women's healing practices and authority in the eighteenth and early nineteenth century Delaware Valley.
–Susan Hanket Brandt


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Brook Troutin' With Fly84 (Pic Heavy)
Fly84 (a friend from another forum) and I have been planning to fish together for at least a year. After battling conflicting work schedules, weather, etc., it all worked out for us to fish together today.
We headed for a high elevation brook trout stream in search of some natives. I was particularly excited as I would be breaking in my brand new 3wt. Three weeks ago today, my beloved 3wt was tragically killed in an unfortunate event while fishing Rod Eater Creek with Oldman. My rod manufacturer was kind enough to replace my broken rod with a brand new one.
We arrived at the stream early, too early. We wanted to make sure no one beat us there but we knew it would be an hour or so before the natives would be awake and active.
As we already knew, the day started off pretty slow. We picked up a handful of scrappy little rainbows and brooks soon after we arrived. I was really disappointed my new rod was christened by a rainbow and not a brook trout.
After a while, things picked up. Once above the barrier falls, it was all natives.
Brook trout X 2!!! My first trout double!!! We were both so excited we stopped fishing for at least 10 minutes while we laughed and talked about this. The bigger one hit the nymph and his little buddy inhaled the dry. That was really cool and will not be soon forgotten.
We fished on, catching brook trout after brook trout, after brook trout. The later it got and the higher the sun rose, the more active our speckled quarry became.
We fished a little over a mile stretch of stream. I have fished the last half of this stretch, but this was the first time either of us fished the first half. As we approached a hole where I know a 9.5 inch male brook resides, I offered the hole to Fly84. Big Boy came out from under his rock, looked at his fly and slowly eased back under his hiding place. It was disappointing as I really wanted to see Fly84 catch that brook, but it was still good to see him and know that he is still alive since our encounter back in July.
It was a really fun day and I really enjoyed fishing with Fly84, I look forward to fishing with him again soon.
Wild troutin, blue linin, fly flingin, camo wearin, redneckin elitist.
Great trip report!! That salamander picture was sweet. Congrats on the first trout double! That's an exciting experience for sure...
"Then He said to them, 'Follow Me, and I will make you fishers of men.'" Matthew 4:19
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If it wasn't 11:00 P.M., I'd be heading to the stream after your great post. Glad you finally
got to fish and most of all with a great friend!!
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A blog about my journey with Myalgic Encephalomyelitis and Immune Dysfunction Syndrome including HHV 6, EBV, C. Pneumonia, Bartonella, Postural Orthostatic Tachycardia Syndrome, and Biotoxin Illness
Thursday, June 4, 2009
It's been kind of a rough week starting when I spoke to my SSDI attorney. We were going over various reports doctor's had written when he came upon the SSDI neuropsychologist examiner report which showed I had at least moderate impairment. I was shocked to learn my IQ had dropped 30 points in one area and at least 20 in another. And I was really trying on those tests.
The most upsetting news was learning of my cousin's death. He died last Friday of esophageal cancer that had been diagnosed just one year prior (maybe not even one year). He hadn't reached his 55 birthday.
Growing up I never felt like I'd fit in anywhere. Moving around a lot prior to 4th grade only compounded my sense of not belonging anywhere. The only place I felt like I truly belonged was when I was with my extended family on my mom's side. I felt accepted, loved, and seen for who I was. I happen to think my Aunt's, Uncle's, and cousins are some of the finest people you could ever meet-highly intelligent, grounded, liberal Irish Catholic, great sense of humor, socially aware, kind. They lived in another state so we visited them once or twice yearly but they were never far from my mind. When my mom died this particular cousin (Dennie) really helped me out. He had lost his father just 8 months prior.
I feel such sadness not only for the loss of a person like Dennie but for his family. He leaves behind two daughters and a wife who loved him immensely. His mother (my Aunt and my mom's older sister) has had to bury her husband, her younger sister, and now her son. I cry when I think of the pain she and the rest of her family are feeling. He also had two brothers and two sisters.
His funeral is tomorrow. It's in another state and I'm too sick to attend-something which breaks my heart and is very upsetting for I'd like nothing more than to be another person to show up and be a support for the family. I remember how much it meant to me when my mom died. Every day this week I've been on the computer looking up Amtrack schedules trying to figure out how I could attend his funeral. Amtrack has sleeper rooms but they are quite expensive.
Here I was, someone who can't even go out to dinner, thinking maybe there was a way to will my body to get strong enough to attend my cousin's funeral.
It has been difficult to accept that I can't go and it's made me feel helpless in a way I don't like.
Abruptly changing subjects now (I can't think of a transition sentence): I started Lamictal today. There was a delay because the pharmacy had to do a special order because I can't swallow pills. I did some googling and found that Lamictal can have a positive impact on cfs symptoms in addition to helping with depression. I'm grateful that my doctor thought of this so I won't have to try an SSRI.
I was pleased to have received the Amygdala Retraining Materials in the mail. I wasn't expecting them until next week so this was a nice surprise. I've watched the introductory sessions. I'm liking what I'm hearing so far. The DVD's are very professional and well done. Ashok Gupta has a pleasant voice and so far it's brain fog friendly. I'll be starting the actual retraining part tomorrow or Saturday.
After going to the pharmacy to pick up the Lamictal I decided to stop in at the health food store that was near the pharmacy purely out of convenience. I've never been to this health food store but needed to get more d-ribose and protein powder. As I was paying for both the man behind the counter asked me why I was taking d-ribose. I mentioned something about my heart. He asked a couple questions then asked me to sit down. It turns out he is a chinese acupuncturist and herbalist. He is from China. He listened to my pulses, looked at my tongue, and was quiet for some time (which raised my anxiety). Then he said what does your doctor tell you about your heart? I told him I'm waiting to get in to see a cardiologist. He seemed very concerned. Then asked if I was having trouble sleeping (yes), were my feet cold a lot (yes). He mentioned something about excess heat in the heart and told me I needed to strengthen my mind to tell this illness to go away. He's going to put together some Chinese Herbs to help. As I left he said "something tells me you need my help a lot. I will help you." As I left I couldn't help but feel the universe was taking care of me. And I'm grateful.
6 comments:
- Shelley said...
I am still over here holding you in the Light.
- June 4, 2009 at 8:14 PM
- Renee said...
"Meaningful coicindences"...I have always called them "God-incidences" ~ there is a behind the scenes connection that seems to come at just the right times in our lives...or in our day!
I am sorry you are having to go through so much with SSDI and to hear how much the CFS/ME as affected your IQ, etc. must be difficult.
I am so sorry abut the death of your cousin Dennie. It is so hard to not be able to be there in person for/with family or friends during times like these.
You are in my prayers for your loss, and for the new medication to work.
How exciting it is to have the chinese acupuncturist and herbalist offer to help you. Wow!
I got my Amygdala retraining materials on Wed. and plan to spend the weekend reviewing and starting them. Looks promising.
- June 5, 2009 at 2:06 PM
- Pris said...
I'm looking foward to your reports on the Retraining. It's very intriguing. I'm so sorry about your cousin. It set off instant vibes with me. One of my few close cousins died about 8 or 9 years into CFIDS of esophageal cancer, too. She lived a year from diagnosis. I couldn't even go visit her, much less attend the ceremony when she died. It's so very hard, isn't it?
I hope the herbalist /acupuncturist helps, too!
- June 6, 2009 at 3:04 AM
- cfswarrior said...
Thank you Shelly. That means a lot.
- June 8, 2009 at 7:27 PM
- cfswarrior said...
I agree. It's amazing when they happen isn't it?
It is difficult to hear how the cfs has affected my brain. I've used my mind to navigate life! I'm hoping it will get better over time.
I'm looking forward to hearing about your experiences with the Amygdala Retraining.
- June 8, 2009 at 7:29 PM
- cfswarrior said...
Hi Pris-
This is such a difficult part of this illness-not being able to be there for family who are sick or in crises.
I haven't heard back from the acupuncturist. I'm hoping he'll call...
I'll keep you posted on the Amygdala Retraining. I'm hoping to begin the actual retraining tomorrow.
- June 8, 2009 at 7:31 PM


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I have a 7 month old baby. She has been eating rice, oat cereal, carrot and sweet potatos so far. I give 2 meals a day.
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Keeping Score in the Top Deck at Dodger Stadium
This is Jeanine's scorebook for 2011. Every year she makes a scorebook for the entire season. this year she is featuring us in her scorebook cover! Jeanine is the one under the words "Stadium." Thanks Jeanine!
During last Summer, Kris Erskine of the LA Times wrote an article saying that hardly anyone keeps score these days. Jeanine took this picture and invited Kris to come by to the Top Deck anytime he wants. I had also read the article and I sent Kris an email inviting him to come and see that there are still fans that do keep score.
There are more fans that keep score in our section like Ray and Ray Junior. They sit in the row infront of me. I can always count on them if I happen to miss a play.
This young lady sits a few rows infront of Ray & Ray Jr. She has season tickets with her mom
I took the picture because I thought it was so cute that father and daughter were keeping score.
This boy was sitting in the same row I sit. He looks very serious keeping score.
All pictures from the Top Deck section 3.
By the time the season starts, I'll be ready with scorebook on hand to continue with the tradition. March 31st can't get here soon enough.
10 Comments
Emma: Aww that's so cute! My Dad is the one who got me into the game. (Thanks Daddy!!!) Haha I can't WAIT for Spring Training…
I have a scorebook that I take to the games. On days that I take one or more of my daughters, my oldest (12) keeps score. It has helped her learn the game and stay focused.
Your dad did a great job with you! I can't wait for Spring Training either. Spring is in the air!.
Awww so cute! You should take a picture of her keeping score or of the two of you like the one that I posted here.
I keep score but I have my own little way of doing it. I'm sure nobody but me would understand my scribblings.
I remember you saying that you keep score too in your own way. When I forget my scorebook I do it anyway on a piece of paper that only I can make up my scribblings.
Wow, so many memories! I haven't kept stats at an MLB game in years but that's part of how I learned it too – Dad taught me of too and then I was hooked. As a kid, keeping stats for Burbank Little League and Pony Tail Softball (not in the division I played in of course) games was a great way to make extra cash each summer and keeping stats for the baseball team was a fun part of High School. I didn't know I was looking at a future MLB player at the time, but I remember watching then sophomore Freddy Sanchez play and decimate my alma mater's pitchers.
– Kristen
Wow Kristen! Those are wonderful memories and you saw Freddy Sanchez play before he was an MLB player! Wow!
That is awesome! I love the pictures. That's something I plan on teaching my young ones when they get a little older. Thank you for sharing.
You definetly should do that and take pictures. It would be so nice to look back at them.
To be honest with you Emma, I never went to that many ball games with my dad except for the one time he did have off from work. I was about 8 yrs old and caught a baseball but I never learned about how to keep score on paper. I think when it comes time for him to settle down and retire, ill be able to finally go to games with him and my own family.
He didn't teach me this dying art that you have captured on camera and on paper, but I truly wish he had. Seems neat and fun to witness something such as a Koufax Perfect Game or a 27 SO Perect Game.
I hope to take my daughter to baseball games this season, and teach her how to score a game and appreciate the game itself.
All my Best


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While you let it sink in that the Baha Men (yes, of "Who Let the Dog Out?" fame) have won a Grammy, check out some artists and bands who have never won a competitive Grammy Award.
Snoop Dogg
With his 17th career nomination this year for his work as featured artist on Kendrick Lamar's Album of the Year-nominated "To Pimp a Butterfly," Snoop Dogg set a new record for most Grammy nominations without a win when Taylor Swift's "1989" beat out Lamar's album for the win. He had tied Brian McKnight with 16 nominations without a win in 2014 when he lost out to Ziggy Marley for Best Reggae Album for "Reincarnated." Most of his nominations came for collaborations with everyone from Dr. Dre to Katy Perry, in a career that has lasted for more than 20 years and a dozen studio albums.
Brian McKnight
As noted before, the R&B singer-songwriter and musician's work has earned him 16 Grammy Awards nominations, previously setting the record for most nominations without a single win before being passed by Snoop Dogg.
Joe Satriani
The rock guitar legend has nabbed 15 Grammy nominations in his career, all but one in the Best Rock Instrumental Performance category, but has never won.
Martina McBride
While the country music star sang on "Amazing Grace - A Country Salute to Gospel," which won a Grammy for Best Southern, Country or Bluegrass Gospel Album in 1996, she has yet to win a Grammy herself in 14 career nominations.
Although she's known more for her distinctive look and unique voice than any mainstream success, Icelandic pop star Bjork has racked up 14 Grammy nominations in her career to this point, but has walked away empty handed every time. Bjork releases have received two additional Grammy Award nominations, both of which are credited to the respective art directors, including a win for Best Recording Package for her "Biophilia" album in 2013. Her most recent nomination came this year, when she lost the Best Alternative Music Album nomination for "Vulnicura" to the Alabama Shakes' "Sound & Color."
Like Bjork, rapper Nas has netted 13 Grammy nominations in his career dating back to 1997, but has yet to hear his name called at the actual ceremony.
Katy Perry
While she hasn't been around as long as most of the artists on this list, Perry has been nominated 13 times since her 2008 pop debut without winning even once, including two nominations without a win in 2015.
Diana Ross
Despite 12 nominations over her career, the singer has never won a competitive Grammy. However, she has had three recordings inducted into the Grammy Hall of Fame and won a Grammy Lifetime Achievement Award in 2012.
Spyro Gyra
The jazz fusion band received their first Grammy nomination back in 1980 for their third studio album "Catching the Sun." Since then, the band has racked up a total of 12 nominations, including four straight Best Pop Instrumental Album nods between 2007 and 2010, without earning a victory.
Dierks Bentley
The country music singer-songwriter received his first two Grammy nominations for "Every Mile a Memory," the lead single off his 2006 album "Long Trip Alone." Flash forward to this year, when he was up for the 12th nomination of his career, Best Country Duo/Group Performance for his work with Charles Kelley and Eric Paslay on the song "The Driver." However, he lost out again, this time to Little Big Town for their song "Girl Crush."
Except for a two-year hiatus in the early 2000s, metal group Megadeth has been around since 1983, earning 11 Grammy nominations during that time, but not one single win.
Busta Rhymes
The rapper has also received 11 Grammy nominations, most recently two 2012 nods for his song "Look At Me Now," but has yet to win the award.
Musiq Soulchild
The soul singer-songwriter has received 11 Grammy nominations since his 2000 debut album "Aijuswanaseing." His most recent nomination came in 2011 with his fifth nomination in the Best Male R&B Vocal Performance category for his song "We're Still Friends."
Connie Smith
The country singer received her first three Grammy nominations back in 1965, including two for her debut single "Once a Day" and another for Best New Country and Western Artist. She proceeded to earn seven more in the 1960s and '70s, with her 10th coming in 1976 for her gospel album "Connie Smith Sings Hank Williams Gospel." She then earned her 11th nomination in 2010 for "Run to You," her collaboration with Marty Stuart.
Vanessa L. Williams
Williams started off her run of 11 Grammy nominations without a win with nods for Best Female R&B Vocal Performance and Best New Artist in 1989. Her 11th, and most recent, nomination came in 1997 in the Best Pop/Contemporary Gospel Album category.
Jazmine Sullivan
The R&B and soul singer-songwriter burst onto the music scene in 2009 with five Grammy nominations, including a nomination for Best New Artist and nods for her debut album "Fearless" and two of its singles "Need U Bad" and "Bust Your Windows." After notching two more nominations in 2010 and another one in 2011, she briefly walked away from music. She returned with 2015 album "Reality Show," earning three more nominations this year for a total of 11 in her career so far, but was again shut out at the 2016 ceremony.
Meshell Ndegeocello
The singer-songwriter has received 10 Grammy nominations over a career that began in 1993, but has yet to hear her name called at the ceremony.
Tanya Tucker
The country legend's first Grammy nomination came at the age of 14 for her debut single, 1973's "Delta Dawn." Nine more nominations followed through the mid-1990s for a total of 10 nominations without a victory.
Jamey Johnson
The old school country singer-songwriter has racked up nine Grammy nomination in total since his first three in 2009 but hasn't won as of yet. His most recent nomination came in 2013 for Best Country album for "Living for a Song: A Tribute to Hank Cochran."
The Freddy Mercury-led band never won a Grammy, despite nominations for "Bohemian Rhapsody" in 1976 for Best Pop Vocal Performance by a Duo or Group (it lost to Chicago's "If You Leave Me Now") and for "Another One Bites the Dust" in 1980 for Best Rock Performance (losing to Bob Seger's "Against the Wind"). The band has seen "Bohemian Rhapsody" earn a spot in the Grammy Hall of Fame, along with the hits "We Will Rock You" and "We Are the Champions," but has never even won a Lifetime Achievement Award.
Chuck Berry
The rock 'n' roll pioneer mostly got shut out because by the time the Grammys began in 1959, he was already a major established star with several hit songs, including "Maybellene," "Roll Over Beethoven," "Rock and Roll Music" and "Johnny B. Goode." While he never won a competitive Grammy, he did nab a Lifetime Achievement Award in 1984.
Janis Joplin
The bluesy singer of "Piece of My Heart" and "Me and Bobby McGee" died at the age of 27 in 1970 just as her fame was peaking. After her death, she was nominated for Best Female Pop Vocal Performance for "Me and Bobby McGee," but lost out to Carole King's "Tapestry." She did receive a posthumous Lifetime Achievement Award in 2005.
The Who
The band that recorded such hits as "My Generation," "Pinball Wizard," "Baba O'Riley" and "Won't Get Fooled Again" was never honored with a Grammy except for the Lifetime Achievement Award in 2001.
The Doors
Jim Morrison's unique voice and charismatic personality drove the success of such songs as "Light My Fire," "Hello, I Love You" and "Touch Me," but the only Grammy The Doors ever received was the Lifetime Achievement Award in 2007, 36 years after Morrison's death.
Jimi Hendrix
Rock and Roll Hall of Fame member and guitar legend Jimi Hendrix is often named among the best, if not the best, electric guitarists of all time. But we went unrecognized by the Grammys during his career, which was cut short at the age of 27 in 1970. He was later awarded a Lifetime Achievement Award more than 20 years after his death.
Bob Marley
Legendary reggae singer Bob Marley, whose best-known hits included "I Shot the Sheriff," "No Woman, No Cry," "Get Up Stand Up," "Redemption Song" and "One Love," was another artist who later received a Lifetime Achievement Award after his death, but was never awarded with a Grammy during his career.
Buddy Holly
Like Chuck Berry, Buddy Holly missed out on Grammy recognition because his hits came before the Grammys even existed. A pioneer of rock 'n' roll in the 1950s for songs like "That'll Be the Day," "Peggy Sue" and "Oh Boy!", Holly died at age 22 in 1959. He received the Lifetime Achievement Award almost 40 years after his death.
Patsy Cline
The country great first hit the pop chart in February 1957 with "Walkin' After Midnight." She then cracked the top 10 in November 1961 with her version of Willie Nelson's "Crazy," but died in a plane crash in just two years later. She received the Lifetime Achievement Grammy posthumously in 1995.
Despite a career that spanned more than 20 years and being recognized as one of the most influential acts in the history of hip hop culture, rappers Run-D.M.C. was completely shut out by the Grammys. The group actually became the first hip hop group ever to receive a Grammy nomination, for Best R&B Vocal Performance by a Duo or Group in 1987 for "Raising Hell," losing out to Prince and The Revolution for "Kiss," and earned two more nominations, but never won.
Tupac Shakur
Although the rapper died at the age of 25 in 1996, he still earned six Grammy nominations in his short career, losing every single one.
In the 1980s, it was almost impossible to turn on the radio without hearing a hit song by Journey, whether it be "Don't Stop Believin'," "Open Arms," "Separate Ways (Worlds Apart)" or "Faithfully." Despite their commercial success, the band never found much success with critics, or with the Grammys.
The Kinks
The band responsible for such top-10 hit songs as "You Really Got Me," "Tired of Waiting for You," "All Day and All of the Night" and "Lola," not only never won a Grammy, it has yet to receive the consolation prize of a Lifetime Achievement Award.
Lynyrd Skynyrd
Two years after three Lynyrd Skynyrd band members, including lead singer Ronnie Van Zant, died in a 1977 plane crash, the Recording Academy added rock categories. As a result, the Grammys missed out on such hits as "Free Bird" and "Sweet Home Alabama," which had little chance going against pop music.
The Grateful Dead
The legendary jam band, which never really found chart success apart from the 1987 top-10 hit "Touch of Grey," still managed to attract a huge dedicated following while serving as a huge influence in a number of genres. While the Grateful Dead's 1970 album "Workingman's Dead" was inducted into the Grammy Hall of Fame in 1999, they never received a Grammy nomination. However, they were presented with the Lifetime Achievement Award in 2007, more than a decade after Jerry Garcia's death.
Like The Grateful Dead, the Canadian rock band Rush has a dedicated following but has not yet felt the love from the Grammys. Despite six nominations for Best Rock Instrumental Performance dating back to 1981, they've yet to win a Grammy Award, losing out to the likes of The Police, Pink Floyd, Brian Wilson and Bruce Springsteen.
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Adele and Beyoncé are set for steep competition at this year's Grammy Awards.
Both artists were nominated for record of the year, song of the year and album of the year.
Nominations for the 59th Annual Grammy Awards were revealed Tuesday on "CBS This M...
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Opening in theaters this weekend, take a look at what our critic had to say about "Sully."
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"Meg, I have borne a long time with thy husband; I have reasoned and argued with him in these points of religion, and still given to him my poor fatherly counsel, but I perceive none of all this able to call him home; and therefore, Meg, I will no longer dispute with him, but will clean give him over and get me to God and pray for him."
~ Sir Thomas More, Knight, Lord Chancellor of England, author and martyr; to his daughter Meg, regarding her husband, William Roper. To these prayers Roper attributed his return to the Faith; thereafter he was an ardent Catholic.


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Found Downtown: Get swimsuit ready at Studio Zenith
Spring has finally sprung, and with it, as common a sound as the chirping of migratory birds, is this cry heard in and around fitness centers everywhere: "Time to start working on that swimsuit bod!"
As much as I fantasize about sitting on people who say things like that, I must admit that the comfort food that sustained me in January perhaps wasn't as requisite to survival as it had seemed at the time. And even though I can't recall putting on a bathing suit once last summer, it's not like I wouldn't mind having a swimsuit bod.
And that's why, earlier this month, I dug my spandex pants out of storage and dragged myself to Studio Zenith on Montpelier's Main Street for a class called Vigorous Hatha Yoga. I'll admit, the word vigorous gave me and my underworked muscles a momentary panic attack, but the course description set me at ease: "The physical challenge of sustained holds, twists, lifts and breath work together to steady the mind and invigorate the body." I thought, "How vigorous can twisting and breathing be?" This sounded like little more of a challenge than my favorite wintertime pose, sitting on the couch and downloading episodes of Downton Abbey.
Even so, I implored the instructor, Chaya, to go easy on me. She flashed a sympathetic smile and then proceeded to twist me and my classmates into poses so completely opposite of curling up on the couch that my muscles begged for mercy. At the end of the class, I was sweaty, sore, and completely energized. Furthermore, I was so dazzled by the skills exhibited by my classmates that I promised myself to make more time for yoga. I desperately wanted to fly like the others had in crow pose and lift into warrior; or at the very least, touch my heels to the ground in downward dog.
And that, as it happens, is exactly the kind of experience studio owner Amy Leventhal wants for her students. None of the courses offered at Zenith — not even Boomer Yoga, a gentle class for seniors and injured athletes — are supposed to be easy. "The studio is all about getting your strongest and fittest, to live your happiest life and to really keep pushing it," said Leventhal, who instructs her crew of trainers to teach to the more advanced level and offer modifications for beginners. "This gives students a chance to see people who are upside-down with their feet behind their heads on one finger," she explained, "but at the same time they can just do a basic hip stretch."
When the space opened last fall, I assumed it was just another yoga studio, as common a sight in Central Vermont as fast food chains are in other parts of the country. At a glance, Zenith looks like any self-respecting yoga studio should: an empty room with a clean hardwood floor, a few potted plants and candles, and tall mirrors on one side.
But a more thorough investigation of the space will reveal that the back corner is stocked with weights, kettlebells, and other equipment one might find in a gym. In the past six months, I've walked past the glass entryway dozens of times and rarely seen the same thing happening inside twice. Some days I peer in and see bodies stretched out on yoga mats, but just as often the classroom is full of steely eyed kickboxers jumping up and down into pushups and pumping urgently at the air.
Even on the days when I walk by as students are lunging and hefting weights out of their own sweat puddles, the fact remains that Zenith looks and feels more like a yoga studio than a gym. This is no accident, as Leventhal hates gyms. "I don't like big, open, cold spaces with machines blasting music and TVs. I wanted this studio to be as little like a gym as possible," she said. Indeed, whereas I'm usually anxious to outperform everyone whenever I exercise around people, in my class at Zenith I felt relaxed and uncompetitive.
As a yoga studio with a gym-like flair, Zenith's course offerings are as diverse as the abilities of its students. So even if your driving focus isn't to fit into that teeny-weenie-itsy-bitsy yellow polka dot bikini by summer, it's well worth a visit.
Here's a small sampling of the many classes available this spring at the studio.
High Intensity Interval Training — This is pretty much what it sounds like: a fast-paced class designed to build muscle, and — you guessed it — tone and tighten that swimsuit bod. In between 20- to 40-second intervals of weights, burpees, mountain-climbers, and other hard work, students get 10 seconds of "rest" (if you can call it that) in which they perform pushups or lunges.
Yoga for Kids — What parent in his or her right mind wouldn't want to drop off the kids on Mondays at 4 p.m. for an hour of playful self-expression? This course features valuable skills for all children ages three to 12, from building social skills to balancing postures and sitting perfectly still.
Karate Interval Cross Training — A total body workout inspired by martial arts. The course description on the web calls it a "perfect mix of pleasure, pain, excitement, camaraderie, and challenge!" Who can say no to that?
Ashtanga Yoga — A series of about 75 poses, including sun salutations, standing and seated poses, inversions, and backbends. Zenith is the only studio that offers Ashtanga in Montpelier, and currently it's the most popular class at the studio.
Boomer Yoga — The name refers to the baby boomer generation but this course is a good fit for injured athletes or anyone with a limited range of motion. Be warned, however, that this is no "Yoga for Slackers," since course instructor Chrissy Lefavour does not intend for it to be easy. "After every class, someone always comes up and says, 'That was harder than I thought it was going to be,'" she said.
Marija Zagarins is a writer from Montpelier. Her column, Found Downtown, focuses on independent businesses around central Vermont.MORE IN Central VermontMIDDLEBURY According to WebMD, Dystonia is a movement disorder that causes a persons muscles ... Full StoryTiffany Briggs and Kayla Jackson eyed each other across the table, clasped hands, and then it was... Full StoryMARLBORO Police are investigating a burglary on Higley Hill Road. Full Story
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