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January 24, 2012
DAVID LOUDON,PLAINTIFF,v.DEUTSCHE BANK NATIONAL TRUST COMPANY FOR DSLA MORTGAGE LOAN TRUST 2004-AR4, DOING BUSINESS AS CENTRAL MORTGAGE COMPANY; MTC FINANCIAL INC., DOING BUSINESS AS TRUSTEE CORPS; AND DOES 1-100, INCLUSIVE, DEFENDANTS.
(1) GRANTING IN PART DEFENDANT DEUTSCHE BANK'S MOTION TO DISMISS, [Doc. No. 6];
(2) REMANDING STATE LAW CLAIMS; and
(3) DENYING AS MOOT DEFENDANT MTC FINANCIAL'S MOTION TO DISMISS, [Doc. No. 5].
Presently before the Court are two motions to dismiss, brought by: (1) Defendant MTC Financial Inc., dba Trustee Corps ("MTC Financial"), [Doc. No. 5]; and (2) Defendants Deutsche Bank National Trust Company as Trustee for DSLA Mortgage Loan Trust 2004-AR4 and Central Mortgage Company (collectively, "Deutsche Bank"), [Doc. No. 6]. Plaintiff David Loudon filed an opposition to each motion. Having considered the parties' arguments, and for the reasons set forth below, the Court GRANTS IN PART Deutsche Bank's motion to dismiss, REMANDS the state law claims, and DENIES AS MOOT MTC Financial's motion to dismiss.
Plaintiff is the owner of real property located at 12717 Benavente Way, San Diego, CA 92129 ("Property"). On November 8, 2004, he took out a loan in the amount of $516,000.00 with Downey Savings and Loan Association, F.A., secured by a promissory note and a deed of trust on the Property. (Compl., Ex. A [Doc. No. 1].) The Deed of Trust listed DSL Service Company as the "trustee." (Id.) On December 13, 2005, Downey assigned the Deed of Trust and the promissory note to Mortgage Electronic Registration Systems, Inc. ("MERS"). (Defendant MTC Financial's RJN, Ex. B [Doc. No. 5-2].) The assignment was recorded on December 29, 2005. (Id.) On November 15, 2010, MERS assigned all of the beneficial interest under the Deed of Trust to Deutsche Bank. (Id., Ex. C.) This assignment was recorded on December 3, 2010. (Id.)
On December 7, 2010, Deutsche Bank mailed a Notice of Default and Election to Sell under Deed of Trust to Plaintiff, indicating that Plaintiff was in default and that the amount in arrears as of that date was $33,784.04. (Id., Ex. D.) Attached to the Notice of Default was a Declaration per CA Civil Code Section 2923.5, indicating that the servicer attempted to contact Plaintiff as required by § 2923.5 by sending a first-class letter to Plaintiff's last known mailing address and by attempting to contact Plaintiff by telephone at least 3 times at 3 different hours on 3 different days. (Id.) The Notice of Default was recorded on December 13, 2010. (Id.)
On August 18, 2011, Deutsche Bank executed a Substitution of Trustee, substituting Defendant MTC Financial as the trustee under the Deed of Trust. (Id., Ex. E.) The Substitution of Trustee was recorded on August 25, 2011. (Id.) On August 26, 2011, MTC Financial recorded a Notice of Trustee's Sale against the Property, setting the sale for September 19, 2011. (Id., Ex. F.) The Property was sold to Deutsche Bank at a trustee's sale on September 23, 2011, and a Trustee's Deed Upon Sale was recorded on September 29, 2011. (Id., Ex. G.)
Plaintiff commenced this action on October 5, 2011, by filing a complaint in the Superior Court for the County of San Diego. His complaint alleges seven causes of action: (1) violation of California Civil Code § 2923.5; (2) fraud; (3) intentional misrepresentation; (4) violation of California Civil Code § 2923.6; (5) violation of California Civil Code § 1572; (6) violation of California Business & Professions Code § 17200; and (7) violations of the federal Truth in Lending Act ("TILA"), 15 U.S.C. § 1601 et seq. Defendant MTC Financial removed the case to this Court on October 13, 2011, on the basis of federal question jurisdiction premised on Plaintiff's TILA claim. (See Notice of Removal [Doc. No. 1].) MTC Financial filed its motion to dismiss on October 27, 2011. Plaintiff filed his opposition on November 14, 2011, and MTC Financial replied on November 17, 2011. Deutsche Bank filed its motion to dismiss on November 10, 2011. Plaintiff filed his opposition on November 22, 2011. The Court subsequently took both motions to dismiss under submission pursuant to the Civil Local Rule 7.1(d)(1).
A motion to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure tests the legal sufficiency of the pleadings. Navarro v. Block, 250 F.3d 729, 732 (9th Cir. 2001). "To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face.'" Ashcroft v. Iqbal, 129 S. Ct. 1937, 1949 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)). "The plausibility standard is not akin to a 'probability requirement,' but it asks for more than a sheer possibility that a defendant has acted unlawfully. Where a complaint pleads facts that are 'merely consistent with' a defendant's liability, it 'stops short of the line between possibility and plausibility of "entitlement to relief."'" Id. (internal citation omitted). "Dismissal can be based on the lack of a cognizable legal theory or the absence of sufficient facts alleged under a cognizable legal theory." Balistreri v. Pacifica Police Dep't, 901 F.2d 696, 699 (9th Cir. 1990).
In ruling on a motion to dismiss, the court must "accept all factual allegations in the complaint as true and construe the pleadings in the light most favorable to the nonmoving party." Knievel v. ESPN, 393 F.3d 1068, 1072 (9th Cir. 2005). The court, however, need not accept "legal conclusions" as true. Iqbal, 129 S. Ct. at 1949. Thus, "a formulaic recitation of the elements of a cause of action will not do." Twombly, 550 U.S. at 555. It is also improper for the court to assume that plaintiff "can prove facts that it has not alleged." Associated Gen. Contractors of Cal., Inc. v. Cal. State Council of Carpenters, 459 U.S. 519, 526 (1983). On the other hand, "[w]hen there are well-pleaded factual allegations, a court should assume their veracity and then determine whether they plausibly give rise to an entitlement to relief." Iqbal, 129 S. Ct. at 1950.
MTC Financial raises several arguments in its motion to dismiss. First, MTC Financial argues that all of the claims against it should be dismissed because its conduct was privileged under California Civil Code §§ 47 and 2924(d). Second, MTC Financial argues that all of the claims against it should be dismissed because it owes no duties to Plaintiff other than those specifically stated in the Deed of Trust and in the statutes. Third, MTC Financial argues that all of the claims against it fail because it was acting as an agent for a disclosed principal. Fourth, MTC Financial argues that all of the claims fail due to Plaintiff's failure to make an unambiguous offer of tender. Fifth, MTC Financial argues that each of the causes of action against it is defective and fails to state a claim upon which relief can be granted.
Deutsche Bank argues that each of Plaintiff's claims against it should be dismissed because it fails to state a claim upon which relief can be granted. First, Deutsche Bank argues that the first and fourth causes of action for violations of the California Civil Code §§ 2923.5 and 2923.6 fail because it complied with the requirements of those sections and, even if it did not, those sections do not offer any remedy to Plaintiff. Second, Deutsche Bank argues that the second, third, and fifth causes of action for fraud and intentional misrepresentation fail because Plaintiff failed to plead them with the required specificity. Third, Deutsche Bank argues that the sixth cause of action for violation of California's unfair competition law ("UCL") fails because Plaintiff cannot state any underlying violation to which a UCL claim could be tethered. Fourth, Deutsche Bank argues that the seventh cause of action for TILA and related violations fails because Deutsche Bank was not the original lender and because any claim is barred by the statute of limitations.
I. Federal claim for relief
Plaintiff's seventh cause of action alleges that Defendants Deutsche Bank and Central Mortgage Company "failed to include and disclose certain charges in the finance charge shown on the [Truth in Lending] statement" in violation of TILA, 15 U.S.C. § 1605, and Regulation Z, 12 C.F.R. § 226.4. Specifically, Plaintiff appears to allege that the amount financed listed on the Settlement Statement is different from the sum listed on the original promissory note. Plaintiff further alleges that Defendants violated TILA and Regulation Z, 12 C.F.R. §§ 226.18(c), (d), and 226.22, by calculating the annual percentage rate based upon these improperly calculated and disclosed amounts. As a result of these violations, Plaintiff seeks rescission of the transaction.
The Court, however, does not need to reach the merits of Plaintiff's TILA claim for rescission because it is clear from the face of the complaint that this claim has expired. Section 1635 governs the borrower's right under TILA to rescind a "consumer credit transaction . . . in which a security interest . . . is or will be retained or acquired in any property which is used as the principal dwelling of the person to whom credit is extended." 15 U.S.C. § 1635(a); see also 12 C.F.R. § 226.15(a). While the borrower's right of rescission must normally be exercised within a three-day period, TILA extends that period to three years under certain circumstances. See 15 U.S.C. § 1635(f); 12 C.F.R. § 226.15(a)(3). Crucially, § 1635(f) unambiguously states that the borrower's right of rescission "shall expire three years after the date of consummation of the transaction or upon the sale of the property, whichever occurs first, notwithstanding the fact that the information and forms required under this section or any other disclosures required under this part have not been delivered" to the borrower. In this case, Plaintiff consummated the current loan transaction on November 8, 2004. (Compl., Ex. A.) Accordingly, Plaintiff's right of rescission expired three years after that, on November 8, 2007. See 15 U.S.C. § 1635(f). Plaintiff did not commence this suit until almost four years later, on October 5, 2011.
Moreover, the expiration of the right of rescission not only bars Plaintiff's claim, but also deprives the Court of subject matter jurisdiction as to this claim. The Supreme Court held that "§ 1635(f) completely extinguishes the right of rescission at the end of the 3-year period." Beach v. Ocwen Fed. Bank, 523 U.S. 410, 412 (1998). The Supreme Court stated: Section 1635(f) . . . takes us beyond any question whether it limits more than the time for bringing a suit, by governing the life of the underlying right as well. The subsection says nothing in terms of bringing an action but instead provides that the "right of rescission [under the Act] shall expire" at the end of the time period. It talks not of a suit's commencement but of a right's duration, which it addresses in terms so straightforward as to render any limitation on the time for seeking a remedy superfluous. There is no reason, then, even to resort to the canons of construction that we use to resolve doubtful cases, such as the rule that the creation of a right in the same statute that provides a limitation is some evidence that the right was meant to be limited, not just the remedy.
Id. at 417 (internal citations omitted). As the Ninth Circuit observed, § 1635(f) acts as a statute of repose, "depriving the courts of subject matter jurisdiction when a § 1635 claim is brought outside the three-year limitation period." Miguel v. Country Funding Corp., 309 F.3d 1161, 1164 (9th Cir. 2002). In the present case, because Plaintiff did not attempt to rescind his transaction within the three-year limitation period, his right to rescission expired, and the Court lacks subject matter jurisdiction over this claim. See id. at 1164-66.
Accordingly, the Court GRANTS Deutsche Bank's motion to dismiss Plaintiff's seventh cause of action for TILA violations and DISMISSES this cause of action WITH PREJUDICE.
II. State law claims
With Plaintiff's sole federal law claim dismissed, only state law claims remain. The Court has supplemental jurisdiction over these claims. Under 28 U.S.C. § 1367(c)(3), however, the Court "may decline to exercise supplemental jurisdiction over a claim . . . if . . . [it] has dismissed all claims over which it has original jurisdiction." A district court's decision whether to exercise supplemental jurisdiction after dismissing every claim over which it had original jurisdiction is "purely discretionary." Carlsbad Tech., Inc. v. HIF Bio, Inc., 129 S. Ct. 1862, 1866 (2009); accord Lacey v. Maricopa Cnty., 649 F.3d 1118, 1137 (9th Cir. 2011). In exercising its discretion, the court may look to a host of factors, "including the circumstances of the particular case, the nature of the state law claims, the character of the governing state law, and the relationship between the state and federal claims." City of Chicago v. Int'l College of Surgeons, 522 U.S. 156, 173 (1997); see also United Mine Workers of Am. v. Gibbs, 383 U.S. 715, 726 (1966). In the usual case, where federal claims are dismissed before trial, "'the balance of factors ... will point toward declining to exercise jurisdiction over the remaining state law claims.'" Gini v. Las Vegas Metro. Police Dep't, 40 F.3d 1041, 1046 (9th Cir. 1994) (citation omitted); accord Religious Tech. Ctr. v. Wollersheim, 971 F.2d 364, 367-68 (9th Cir. 1992) (per curiam); Scholar v. Pacific Bell, 963 F.2d 264, 268 n.4 (9th Cir. 1992); Schultz v. Sundberg, 759 F.2d 714, 718 (9th Cir. 1985).
In this case, looking at the balance of factors-including the fact that this case is still in its infancy, that the present motions to dismiss are the only motions that have been filed to date, and that the motions to dismiss raise some unsettled issues of state law-the Court believes it is more appropriate to decline to exercise supplemental jurisdiction over the remaining state law claims and to remand those claims to state court. See Lacey, 649 F.3d at 1137; Gini, 40 F.3d at 1064.
For the foregoing reasons, the Court GRANTS IN PART Deutsche Bank's motion to dismiss as to Plaintiff's seventh cause of action for TILA and related violations and DISMISSES that cause of action WITH PREJUDICE. The Court also declines to exercise supplemental jurisdiction over the remaining state law claims and, therefore, REMANDS the remaining state law claims to state court. The Clerk of Court is directed to remand the case forthwith.
In light of the foregoing, the Court DENIES AS MOOT MTC Financial's motion to dismiss and the remaining portions of Deutsche Bank's motion to dismiss. The clerk is directed to close the case.
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Republican presidential candidate Mitt Romney conceded the presidential race and congratulated President Barack Obama in a speech to supporters at his campaign headquarters in Boston shortly before 1 a.m. EST.
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I want to talk to you about the concept of consistency. While working with many of my clients as a consultant it's usually easy to get them excited about starting a blog. Many of them clearly understand the benefits of creating a blog such as thought leadership, search engine improvement and brand awareness. Many of them get super excited to get started and I usually share their passion. But then something unexpected happens.
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A large London crowd collects cash for the JCC and a cancer charity
February 25, 2011
Some 400 people were attracted to the Jewish Community Centre's night of "Comedy with a Cause" at The Comedy Store in Piccadilly Circus. The sell-out event, held to raise funds for the JCC for London and breast cancer charity Cancerkin, made £4,500 for the charities. On display were donated customised bras by celebrities including from Rachel Stevens, Emily Maitlis and Maureen Lipman. To bid on the JCC Big Bra auction, which closes at 10am on February 28, see www.jccbigbraauction.org.uk
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StratLAN Summer Party 2012 – Red vs Blue Poll
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Picasso painted this still life at Juan-les-Pins on the French Riviera in 1924. It was a relatively tranquil time in his life, marked by the birth of his son Paolo with wife Olga Koklova. Picasso's lively still lifes of the period often express the simple pleasures of domestic life. He produced various tactile effects in this painting by adding sand to his paints and mixing them with substances that made certain surfaces intentionally crack.
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Airman Povroznik completes training in Texas
Air Force Airman Julie E. Povroznik has graduated from basic military training at Lackland Air Force Base, San Antonio, Texas.
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Povroznik is the daughter of Michael and Sharon Povroznik, and the granddaughter of Wilda Berg of Wymer Road, all of Jane Lew. She is a 2012 graduate of South Harrison High School in Lost Creek.


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|By PR Newswire
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|January 18, 2013 06:28 PM EST
CALGARY, Jan. 18, 2013 /PRNewswire/ - The Board of Directors of Epicore BioNetworks Inc. is pleased to announce a new director has joined the board, effective January 16, 2013. The Board welcomes Mr. Alan Savage of Vancouver, British Columbia, Canada.
Mr. Savage is founder and president of Southern Gold Resources Ltd. of Vancouver. Alan brings to the Company experience and expertise obtained over a long and successful career in capital markets, much of it through the investment business of Southern Gold Resources Ltd, owner of 4,052,000 shares of Epicore.
Epicore announces that one of its Board directors, Fred N. Boulos, exercised 50,000 of his allotted common stock options. The options were exercised at the price granted, which was Cdn. $0.145 per share. With this transaction Epicore common shares outstanding increased 0.2% to 24,557,179. Mr. Boulos's ownership of Epicore shares increased to 464,000, which is 1.9% of shares outstanding.
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Epicore BioNetworks Inc. is a public corporation with a registered office in Calgary, Alberta, Canada and with shares listed on the TSX Venture Exchange (symbol EBN). [Neither TSX Venture Exchange nor its Regulation Services Provider (as that term is defined in the policies of the TSX Venture Exchange) accepts responsibility for the adequacy or accuracy of this release.]
SOURCE Epicore BioNetworks Inc.
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Biagioli Gubbio Ceramiche Itatly Ceramic Trinket Box
Vintage Spode England Christmas Tree 7 1/2" Plate
Kinkozan Satsuma Ceramic Vase Black w/Multicolor Phoenix & Flower Medallions 4.75"H
Noritake Nippon Hunt Scene Porcelain Plaque Moriage Trim 9.5"D
Syracuse "Bombay" Restaurant Ware Soup Bowl 1964
Nippon/Japan Cobalt & Roses Porcelain Toothpick Holder 2.75"H
Souvenir University of Wisconsin Agriculture Ceramic Cup Germany Ca. 1900
Independence Hall Souvenir Ceramic Plate Mellor/Cook Trenton
Pickard "Rose & Daisy" Sugar with Lid #532 SUMT26 1938+
Hand painted Schmider fruit tile
Hand painted Schmider floral tile
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Louis M. Eilshemius holograph manuscript and drawing, [ca. 1930s]
Eilshemius, Louis M. (Louis Michel), b. 1864 d. 1941
Painter, Author, Draftsman (artist)
Active in New York, N.Y.
Collection size: 2 items (0.3 linear ft.)
Collection Summary: Two-page holograph manuscript, signed by Eilshemius, (n.d., ca. 1930s) describing the inspiration for his paintings in addition to his life in Europe in the 1880s. Also included is a drawing by Eilshemius of an embellished picture frame.
Biographical/Historical Note: Painter, draftsman, writer, composer; New York, New York. Born 1864. Died 1941.
Donated 2002 by Robert N. Williams, who received the mss. and drawing from a friend.
How to Use this Collection
- Use of original papers requires an appointment and is limited to the Archives' Washington, D.C., Research Center. Contact Reference Services for more information.
- For more information on using the Archives' resources, see the FAQ or Ask Us.
Also in the Archives
- Louis M. Eilshemius and family account books, 1886-1904
- Louis M. Eilshemius letter to Mr. W. J. F., 1935 Mar. 17
- Louis M. Eilshemius letters and photograph, [ca. 1892-1931]
- Louis M. Eilshemius printed material, 1897-1941
- Image and Media Gallery items from other collections related to Eilshemius, Louis M. (Louis Michel)


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For amateur and professional racers alike, having good grip is critical.
ISC 3500 Jessup Safety Track Tape & Cleats are rubberized, textured non-slip tape designed for heavy shoe traffic, yet they are comfortable enough for bare feet. This resilient medium grade non-slip product provides unparalleled coefficient of friction in both industrial and commercial environments. It is coated with an aggressive adhesive and the tape is easily cleaned and mop-friendly. It is made by Jessup and when shipped in roll format they are branded by ISC on one of their Racers Tape cores. Uses for this non-skid tape include: Steps, stairs, and platforms. Recreational vehicles, motorcycles, snowmobiles, ATVs, garden tractors and lawn mowers. Ladders, step stools and scaffolds. Boats, skateboards, water skis, surf boards and jet skis. Swimming pools, pool accessories and diving boards. Lap desks (helps to provide a more frictioned surface if your laptop has a tendency to not stay in place or slide off). Conveyors and pulleys. ISC Jessup 3500 is not coated with an adhesive that can be submerged or put underwater. So if when applied there is any gaping which would allow water to seep underneath to the underside of the tape water would degrade the adhesive pretty quickly.
ISC Non-Skid Anti Slip Tape is a heavy-duty, long lasting, non skid tape used to prevent slipping and falling by providing an anti-slip safety surface, defiant to all weather conditions. This is made from high traction silicon carbide grit Jessup 3200 Safety Track material. Instant and self-adhesive so there are no messy glues or separate adhesives, just easily peel off the backing and apply to any clean dry surface. Uses & Applications trailer ramps steps & ladders racing brake & clutch pedals entrances kitchens, stairs & walkways dock areas around work benches etc.


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Now that winter is finally over (we're pretty sure), the trails around the back 40 and into the woods are mowed. Grass is growing tall in the meadow in the back 40, and wildflowers are starting to bloom – some parts of the meadow are full of yarrow. The creek is running clear (at least until the next rain) and prime for relic hunting on the gravel bars. The iris patch behind the Cottage on the Knoll at Cedarcroft Farm is in full bloom, and I can see that the coneflowers will be spectacular when they start to bloom in late June through early fall. It's definitely a great time to take that B&B escape, away from it all at Warrensburg's premier B&B.
Our Trails are Open for 2013
May 24, 2013 by Leave a Comment


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Moor Persistence Shuts Out Rams
September 12, 2012 • 919 views
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By Saile Ramirez
Alhambra, CA – The Moors capitalized on three Ram turnovers, with Sebastian Espinosa returning a fumble 46-yards for a touchdown to lead Alhambra to 23-0 victory Friday night.
The turnover, came when Temple City quarterback Anthony Valencia was unable to connect with his running back on a lateral. Espinosa scooped up the ball and ran it in to give his team 13-0 lead late in the third quarter.
"We told them all week 'if we prepare we're going to come out and win'," said Alhambra Head Coach Joe Kanach of his team mentality. "We really focused in on what we wanted to do".
Early in the game, both teams were unable to get any momentum started and traded punts. Midway through the first quarter, the Moors were able to capitalize on a Ram facemask penalty that got their special teams close enough to score its first points. Jessie Campos made the 32-yard field goal.
Campos again was able to kick the ball through the up rights, this time from 23-yards out, sending his team up 6-0 at half.
Late in third quarter, after the big Moor touchdown return, TC found themselves rallying back when Nick Kaneko ran back an 85-yard kick return to the Alhambra nine yard line. Now in the redzone, the Rams were unable to take advantage of the great field potion. Chris Reed was stuffed at the goaline on a Temple City fourth down attempt. TC would not get a better opportunity to score.
The Moors scored two more times with Campos making a third field goal and quarterback Armando Amaya connecting with Oscar Gaytan for ten-yard pass.


text: My youngest daughter is sick with cold (say it together now: awwwwwwww), and thus we did not send her to her Islamic school today. My older daughter, however, is off today for the Martin Luther King holiday, because she attends public school. The discrepancy irks me deeply. Me? No such luck. No day off today. [Read More…]


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AEC researchers secure $600k marketing grant to assist farmers, ranchers
A group of Texas Tech researchers is part of a larger compilation of institutions receiving a grant to help beginning farmers and ranchers market their products and businesses. Erica Irlbeck, an assistant professor of agricultural communications in the Department of Agricultural Education and Communications, has secured the $600,000 grant from USDA as part of its Beginning Farmer and Rancher Initiative.
Courtney Meyers, an assistant professor; and Cindy Akers, a professor, both in agricultural communications, are involved in the project, as well as researchers from the University of Illinois, University of Georgia and Kansas State University.
According to Irlbeck, the grant will provide online media training – specifically social media of all sorts – for beginning farmers and ranchers, or BFRs. "Online and social marketing has really taken off," Irlbeck said.
"All kinds of farmers and ranchers need to promote their products or businesses and many don't know how. We will teach them how to use these online tools.
"We're really focused on, but not limited to, the alternative type producers – like peach orchards, small herds of grass-fed beef, niche businesses – those who want to get the message out to consumers to go to their farm, buy their product or consume their wares," she said. "The limitation is simply that it's for beginning farmers."
Alternative enterprises refer to farms producing nontraditional crops, livestock and other farm products; operating services, recreation, tourism and other ventures based on farm and natural resources; using unconventional production systems such as organic farming; or using direct marketing and other entrepreneurial marketing strategies.
Current social media types that would likely be covered by this project include, but are not limited to, Twitter, Facebook, YouTube, LinkedIn, blogs, wikis and photo sharing sites.
The initial contact with BFRs will likely be one-hour sessions in conjunction with other meetings such as farm and ranch conventions and trade shows, Irlbeck said.
The actual seven- to eight-hour trainings will most probably be included at large, statewide agricultural conferences. In addition, most of the training materials will be housed online.
This project will initially be conducted in Georgia, Illinois and Texas with plans for expansion after the third year.
Written by Leslie Cranford
Erica Irlbeck, Assistant Professor, Department of Agricultural Education & Communications, Texas Tech University at (806) 742-2816 or firstname.lastname@example.com
1021NM11 / PHOTO: (from top) Cindy Akers, Courtney Meyers & Erica Irlbeck


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Fightin' for Their Rights
As a Midwestern gal, I would like to take you on a quick, two-stop, cruelty-free tour of my section of the U.S. It's a little something I'm calling the Midwest Victory Tour. Sometimes I feel as though this part of the country gets a bum rap, so this tour is to give props to two forward-thinking Midwestern educational institutions, one in Wisconsin and one in Utah, that have recently stopped exploiting animals. If only all schools could be as progressive.
First stop on the Midwest Victory Tour is a school district in Wisconsin. A concerned citizen contacted us after learning that the district was offering a kids' summer science course that included six dissections as well as an activity in which students were given a live rat to "care for" throughout the duration of the course. We contacted the school immediately about cutting out the old-school classroom dissections and to inform school officials that rats need constant care and compassion, not a summer course's worth of "caretaking." After nearly a year of persistent follow-up, we are excited to let you know that this course is finally history!
Our next stop on the tour takes us to a Utah educational nonprofit that was recommending experiments in which live goldfish were put in ice baths in order to cause hypothermia. Since the experimenters probably wouldn't do this sort of thing to Fluffy, the family kitty, we sent the nonprofit a letter outlining why it's cruel to freeze any kitten—including sea kittens. After hearing our suggestion for cruelty-free coursework, the nonprofit has agreed to no longer suggest shocking the nervous systems of these adorable goldkittens for classroom experiments.
Well, that's the end of our Midwest Victory Tour. See, it's not all beef-expos and pus-farms in the Midwest. There's some compassion for animals too.
Written by Shawna Flavell
Commenting is closed.
Who cares about the fish… not this company… Aquarium fire causes $70000 damage to Hillsboro business by Tom Hallman Jr. The Oregonian Sunday July 05 2009 539 PM A small fire in aquarium equipment caused an estimated $70000 damage to a foyer outside the president's office at Hillsboro's Bretthauer Oil Company. Hillsboro firefighters were sent to the company at 1116 a.m. after receiving an alarm. The building was closed and locked officials with Hillsboro Fire and Rescue said but firefighters could see smoke through office windows. The building is connected to a warehouse storing oils solvents and other petroleum products. More firefighters were called including some from the Cornelius Fire Department. When they entered the building firefighters found fire rolling up the wall and across the ceiling of a 20foot by 20foot interior foyer leading to the executive offices of the oil firm. They doused the flames and contained the fire to that one room officials said. Investigators examined the scene and were able to view the company's security system which had a camera pointed directly at the aquarium. The video showed smoke rising from the support equipment for the 300gallon salt water aquarium that contained numerous tropical fish. Fire damage to the aquarium is estimated at $30000 with fire and smoke damage to the building and contents at another $40000. Company president Andy Bretthauer fire officials said reported the company will be open for business on Monday.
Keep fighting little friend! You have a very clever look about you. They're bound to notice it.
All beings are created equal.
last year in seventh grade we put goldfish in icecube baths and im ashamed in taking part of this… this year i know am slightly smarter than last year and im def never ever using animals in tests!!! thanks peta for all you do.! you taught me and lots of other kids on how to respect living creature!
That is good news! How did those kids at that Utah school stand watching those goldfish die? I was upset when my goldfish Chipper died of natural causes and yet they were unfeeling towards the cruel and completely unnatural deaths of those goldfish. How uncivilized! By the way I think that the mouse in the picture looks soooo cute! It has the most ADORABLE little face!!
Encouraging…keep up this important work! "Never doubt that a small group of concerned citizens can change the world. Indeed it's the only thing that ever has." Margaret Mead


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Sporadic cerebellar ataxia associated with gluten sensitivity
A total of 104 patients with sporadic cerebellar ataxia were tested for antigliadin and antiendomysium antibodies. Twelve individuals (11.5%) with gluten sensitivity underwent duodenal biopsy and extensive clinical, electrophysiological, neuropsychological, radiological and laboratory investigations including human leucocyte antigen (HLA) typing. Two patients showed typical changes of gluten-sensitive enteropathy with crypt hyperplasia and mucosal flattening. In five patients, the intraepithelial lymphocyte count was elevated. Sporadic ataxia with gluten sensitivity was found to be tightly linked to the HLA DQB1*0201 haplotype (70%). Neurological symptoms were not related to hypovitaminosis or inflammatory CSF changes. The clinical syndrome was dominated by progressive cerebellar ataxia with ataxia of stance and gait (100%), dysarthria (100%) and limb ataxia (97%). Oculomotor abnormalities were gaze-evoked nystagmus (66.7%), spontaneous nystagmus (33.3%), saccade slowing (25%) and upward gaze palsy (16.7%). Extracerebellar features also included deep sensory loss (58.3%), bladder dysfunction (33.3%) and reduced ankle reflexes (33.3%). In accordance with clinical findings, electrophysiological investigations revealed prominent axonal neuropathy with reduced amplitudes (50%) and abnormal evoked potentials (58.3%). On neuropsychological testing, patients presented with moderate verbal memory and executive dysfunction. All patients had evidence of cerebellar atrophy on MRI. We conclude that sporadic ataxia may be associated with positive antibodies against gliadin. Nevertheless, mucosal pathology does not represent an obligatory condition of ataxia with gluten sensitivity. The fact that the disease is strongly associated with the same HLA haplotypes found in coeliac disease not only demonstrates coeliac disease and ataxia with gluten sensitivity to be part of the same disease entity but supports the hypothesis of an immunological pathogenesis of cerebellar degeneration.
- sporadic ataxia
- gluten sensitivity
- antigliadin antibodies
- AGA = antigliadin antibodies
- EA = endomysium antibodies
- HLA = human leucocyte antigen
- SCA = spinocerebellar ataxia
The syndrome of gluten sensitivity is contingent upon intolerance to dietary gluten, a component of cereals such as wheat, barley and rye. The syndrome is an immunologically mediated disease strongly associated with certain human leucocyte antigen (HLA) class II alleles. The vast majority of patients with gluten sensitivity have the HLA DQ2 allele (Hadjivassiliou et al., 1998). Histological abnormalities range from normal, to subtotal or total villous atrophy of the small intestinal mucosa (Trier, 1991; Marsh, 1992; Hadjivassiliou et al., 1998). In gluten sensitivity, neurological complications may be observed in 6% of patients (Holmes, 1997), with cerebellar ataxia being the most frequent symptom (Hadjivassiliou et al., 1996). Patients often show circulating antibodies to gliadin (AGA) and endomysium (EA), with EA being more specific for mucosal damage but less sensitive for neurological complications (Hadjivassiliou et al., 1999).
The aims of the present study were: (i) to screen patients with sporadic ataxia for the presence of antibodies; (ii) to determine the frequency and severity of mucosal abnormalities by jejunal biopsy in ataxic patients with AGA and/or EA; (iii) to investigate the CSF for an inflammatory response and for the presence of AGA and EA; and (iv) to describe the clinical, immunological, radiological, neuropsychological and electrophysiological features of sporadic cerebellar ataxia with gluten sensitivity.
Patients and methods
A total of 104 patients fulfilled the following diagnostic criteria for idiopathic cerebellar ataxia: (i) progressive cerebellar ataxia without evidence of a focal or non-focal symptomatic origin of the disease (Harding, 1981); (ii) absence of any neurodegenerative disorder in relatives and no evidence of consanguinity of parents; and (iii) negative molecular genetic testing for Friedreich's ataxia and the spinocerebellar ataxias (SCA1, SCA2, SCA3, SCA6 and SCA7) (Bürk et al., 1996; Campuzano et al., 1996; Imbert et al., 1996; David et al., 1997; Zhuchenko et al., 1997). All patients and control subjects used for the psychological testing gave informed consent to participate in the study, which was approved by the ethics committees of all participating institutions.
Immunology, tissue typing and histology
These subjects were tested for circulating antibodies against gliadin and endomysium. Antigliadin (AGA) IgA and IgG antibodies were detected using a commercial enzymelinked immunosorbent assay (VITA Diagnostika GmbH, Merzhausen, Germany). An immunofluorescence assay was used to screen patients' sera for EA (Stern et al., 1996). Twelve individuals with gluten sensitivity were personally interviewed and examined by one of us (K.B.) using a standardized examination procedure. All patients underwent HLA typing and were screened for malabsorption, hepatic disease and diabetes mellitus by determination of vitamin B12 and vitamin E levels, aspartate aminotransferase, glutamic pyruvate transaminase, red cell count and blood glucose. Lumbar CSF was subjected to the following investigations in all individuals: cell count (normal: <6/mm3), quantification of albumin (normal value: 60–330 mg/l), γ-globulin (IgG) (normal value: 3–37 mg/l), IgG albumin index (normal value: 0.38–0.7), protein electrophoresis for oligoclonal bands, and AGA and EA.
Ten of 12 patients with positive antibodies underwent duodenal biopsy. Two patients refused endoscopy (see Table 1). Two to four biopsy specimens were taken from the distal duodenum through a conventional endoscope. For histological and immunohistochemical staining, the biopsy specimens were fixed in 4% buffered formalin and embedded in paraffin. For conventional histology, 5 μm sections were stained with haematoxylin and eosin and the periodic acid–Schiff reaction. For quantitative evaluation of the number of intraepithelial lymphocytes, sections were stained with an antibody against the lymphocyte common antigen (CD45; Dako, Hamburg, Germany) using the avidin–biotin–peroxidase complex method (Hsu et al., 1981). Gluten-sensitive enteropathy with flat mucosa was recorded in the presence of crypt hyperplasia and subtotal or total villous atrophy (Marsh, 1992).
|Histological findings
|IEL = intraepithelial lymphocytes; nt = not tested.
|Flat mucosa
Cranial MRI was performed in all patients using a superconducting system operating at 1.5 T field strength (Magnetom Siemens AG, Erlangen, Germany) with a standard head coil.
Brainstem auditory, visual and cortical sensory evoked potentials after stimulation of the tibial nerve, motor nerve conduction velocity of the tibial nerve and sensory nerve conduction velocity of the sural nerve were measured following standard procedures. All patients underwent cortical sensory evoked potential and neurographic testing, while visual evoked potential and brainstem auditory evoked potentials were studied in 10 individuals. Central motor conduction time was determined using the F-wave technique in 11 patients. For the evoked potentials and nerve conduction velocities, latencies beyond the 3 SD threshold of the normative data from our laboratory were considered abnormal. Amplitudes of compound muscle potentials below 5 mV and sensory nerve action potentials below 10 μV were also considered abnormal.
Three female and five male patients with positive antibodies (mean age 49.6 ± 20.1 years, range 30–70 years; mean age of onset 33.9 ± 24.6 years, range 2–65 years; mean disease duration 13.6 ± 8.9 years, range: 5–32 years) and nine control subjects were submitted to a neuropsychological test battery comprising tests for general intellectual abilities, IQ, attention, verbal and visuospatial memory, as well as executive functions that have been described extensively elsewhere (Bürk et al., 1999). The control group consisted of nine volunteers recruited from advertisements or personal contact (mean age 54.3 ± 8.3 years). The control subjects were selected from a larger subject pool to ensure that their ages and IQs were comparable with those of the patients (see Results). None of the control subjects had a history of neurological disease and/or psychiatric symptoms or was taking medication at the time of testing.
Statistical comparisons were conducted using a Student's two-tailed t test or a one-way analysis of variance, or repeated measures analysis of variance where appropriate with the fixed factor group. Differences were considered significant when P was <0.05. In order to achieve a global significance level of 5%, the P values were corrected applying the Bonferroni–Holm adjustment.
Histological findings, frequency of autoantibodies and other laboratory findings
Among 104 patients with sporadic ataxia, 12 individuals (11.4%) presented with gluten sensitivity (male n = 5; female n = 7; mean age 55.5 ± 17.4 years, range 30–76 years; mean age of onset 44.8 ± 23.2 years, range 2–68 years; mean disease duration 10.7 ± 8.2 years, range 2–32 years). AGA were present in 11 individuals: IgA-AGA were found in five, IgG-AGA in two, IgA-AGA and IgA-EA in one, and IgA-AGA and IgG-AGA in three individuals. In two patients (one of whom had positive EA and IgA-AGA while the other had negative antibodies), typical flattening of small intestinal mucosa with villous atrophy was present, a finding that corresponds to the destructive (type 3) lesion of gluten-sensitive enteropathy as defined by Marsh (Marsh, 1992). The patient with negative antibodies had already been diagnosed as having gluten sensitivity prior to the manifestation of cerebellar symptoms and had been on a gluten-free diet for several years. Interestingly, both complained of weight loss, diarrhoea and flatulence. In five other patients (three with IgA-AGA, two with IgG-AGA and IgA-AGA), the number of intraepithelial lymphocytes was at least focally increased, but there were no changes in the mucosal architecture. Thus, the histological changes correspond to the infiltrative (type 1) lesion according to the classification of Marsh (Marsh, 1992).
Investigation of the CSF did not yield any abnormalities with respect to cell count, albumin, IgG content and electrophoresis. One female individual had a slightly elevated IgG albumin index (0.73) with an intact blood–brain barrier. AGA and EA could not be detected in the CSF.
HLA typing of 10 of the gluten-sensitive patients with sporadic ataxia revealed the presence of an HLA-DQB1*0201 phenotype in seven cases (Table 1), suggesting the presence of an HLA-associated susceptibility typical for coeliac disease. The other patients (n = 3) were negative for HLA-DRB1*04x and DQB1*0302, previously reported as other major risk alleles for coeliac disease (Hadjivassiliou et al., 1998). Interestingly, none of the patients showed IgA deficiency or hepatic disease. Vitamins B12 and E were found to be within the normal range in all patients. One male individual had moderate type II diabetes mellitus for 5 years.
Clinical findings and imaging studies
All patients presented with predominant cerebellar ataxia of stance and gait, and dysarthria. Limb ataxia was always less pronounced (see Table 2). Ataxia of stance and gait was mild to moderate, and all patients were ambulatory. One patient with a disease duration of 14 years used a walking aid. Cerebellar oculomotor features such as impaired smooth pursuit, gaze-evoked nystagmus, spontaneous nystagmus and fixation instability were accompanied infrequently by saccade slowing, double vision and upward gaze palsy. Almost half of the patients complained of dysphagia and one-third of bladder dysfunction. Loss of proprioception was evident in more than half of the patients, while reduced ankle reflexes, fasciculations and amyotrophy were less frequent. Other features often observed in sporadic ataxia (Harding, 1981), especially basal ganglia symptoms, pyramidal tract signs, tremor, horizontal gaze palsy and pale discs, were not part of the clinical syndrome of sporadic ataxia with gluten sensitivity. All patients had cerebellar atrophy affecting both vermis and hemispheres, while brainstem structures were normal (Fig. 1).
|Clinical features
|Ataxia of stance and gait
|Limb ataxia
|Impaired smooth pursuit
|Gaze-evoked nystagmus
|Loss of proprioception
|Bladder dysfunction
|Reduced/absent ankle reflexes
|Spontaneous nystagmus
|Saccade slowing
|Double vision
|Upward gaze palsy
|Gastrointestinal symptoms
|Fixation instability
Electrophysiological findings
The visual evoked potential was abnormal in 30% of the patients tested and brainstem auditory evoked potentials were abnormal in 10%. Evoked potentials of the tibial nerve were abnormal in 58.3% (loss of cortical P40 responses 25%; delayed P40 33.3%), while 27.3% of the patients had an increased central motor conduction time. Neurography revealed prominent axonal neuropathy with reduced amplitudes. In 16.7% of patients, electrophysiological findings were consistent with sensorimotor axonal neuropathy. Pure sensory axonal neuropathy was found in 25% of the patients (including the patient with diabetes mellitus type II) and motor axonal neuropathy in 8.3%. While motor nerve conduction velocity was normal in all patients, additional sensory demyelinating neuropathy with reduced sensory nerve conduction velocity was diagnosed in 16.7%.
Neuropsychological testing
On the Mini-Mental State Test, none of the patients showed obvious general intellectual impairment. The cognitive deficits were more subtle, with significant verbal memory deficits on the Wechsler Memory Scale and Word Lists (see Table 3). Analysis of three verbal fluency tests yielded problems in the generation of nouns from one phonemic category and alternating semantic categories in patients with sporadic ataxia with gluten sensitivity. In accordance with the latter finding, patients attained fewer categories on the Wisconsin Card Sorting Test than controls. Both findings are consistent with executive problems although the corrected P values did not reach significance (Daum et al., 1995).
|*P < 0.05, **P < 0.01, ***P < 0.005 compared with controls; †Bonferroni–Holm adjusted P values.
|Age (mean years)
|53.4 ± 8.3
|49.6 ± 20.1
|Verbal IQ
|119.4 ± 12.2
|115.4 ± 19.3
|Performance IQ
|113.9 ± 10.7
|114.1 ± 12.2
|29.6 ± 0.7
|29.4 ± 1.1
|Digit span
|6.6 ± 1.2
|6.6 ± 0.7
|5.1 ± 1.5
|5.0 ± 1.2
|Wechsler Memory Scale
|Immediate recall
|12.8 ± 2.6
|7.8 ± 2.5***,†
|Delayed recall
|10.3 ± 2.6
|6.5 ± 2.5**
|Word lists
|Immediate recall of
|Consecutive categories list
|9.8 ± 2.8
|5.9 ± 1.5***,†
|Randomized categories list
|8.0 ± 2.2
|6.3 ± 1.0
|Uncategorized list
|7.0 ± 1.6
|3.5 ± 2.0***,†
|Delayed recall of
|Consecutive categories list
|4.8 ± 2.6
|2.5 ± 1.5*
|Randomized categories list
|3.4 ± 3.4
|1.6 ± 1.5*
|Uncategorized list
|1.7 ± 1.7
|1.1 ± 1.5
|Rey–Osterrieth complex figure
|46.3 ± 1.0
|45.6 ± 3.0
|30.0 ± 7.8
|26.5 ± 12.1
|Proportional recall
|64.8 ± 17.1
|57.7 ± 24.8
|Verbal fluency
|Semantic category
|26.0 ± 7.7
|20.6 ± 6.3
|Phonemic category
|12.2 ± 2.9
|8.5 ± 2.1**
|Alternating semantic category
|15.2 ± 2.8
|12.4 ± 2.3*
|Wisconsin Card Sorting Test
|5.9 ± 0.3
|3.7 ± 2.4*
|Random errors
|3.1 ± 2.4
|3.6 ± 4.4
|0.3 ± 0.7
|0.2 ± 0.4
The syndrome of gluten sensitivity is contingent upon an intolerance to the alcohol-soluble fraction of dietary gluten, i.e. the gliadin of wheat and the prolamins of rye and barley. Gluten sensitivity is an immunologically mediated disease with a strong association with certain HLA haplotypes: 90% of patients have HLA DQ2 and the remaining 10% show HLA DR4 DQ8 (Hadjivassiliou et al., 1998). The clinical picture of coeliac disease shows considerable variability: the classical form with childhood onset is a well-defined clinical syndrome with abdominal distension, bad appetite, vomiting, diarrhoea, malabsorption and weight loss. In recent years, it has become evident that the clinical spectrum of coeliac disease is much broader than originally suspected (Visakorpi and Mäki, 1994).
In peripheral blood, AGA and EA can be detected in most untreated patients with coeliac disease (Trier, 1991; Marsh, 1992; Hadjivassiliou et al., 1998). While IgG-AGA have been demonstrated to be very sensitive, especially in IgA deficiency, AGA of the IgA type are more specific for coeliac disease (Bodé et al., 1993; Bodé and Gudmand-Hoyer, 1994). EA are considered to have both high sensitivity and specificity for the presence of mucosal damage (Bürgin-Wolff et al., 1991). In the present study, the majority of patients had IgA-AGA, but pathognomonic villous atrophy was restricted to two subjects, one with normal antibodies who was on a gluten-free diet and the other with both EA and IgA-AGA. In two other patients, there was evidence of isolated IgG-AGA that was not related to IgA deficiency. In five patients, the histological findings corresponded to the type 1 classification of Marsh (Marsh, 1992) that may be found in early stages of coeliac disease as well as in dermatitis herpetiformis and in relatives of patients with typical coeliac disease. The existence of ataxia with gluten sensitivity, but without typical villous atrophy typical of coeliac disease had also been reported by Hadjivassiliou and colleagues (Hadjivassiliou et al., 1996).
Neurological manifestations such as peripheral neuropathy, progressive myoclonic ataxia, progressive multifocal leukencephalopathy, dementia and myopathy have been reported in coeliac disease (Elders, 1925; Trier, 1991; Pellecchia et al., 1999), but cerebellar ataxia represents the most frequently associated neurological syndrome (Hadjivassiliou et al., 1996). Ataxia commonly had been attributed to malabsorption of neuroprotective or neurotrophic nutrients such as vitamin E (Mauro et al., 1991). In the present study, none of the patients had hypovitaminosis or malabsorption, and more than half of the patients did not even show any duodenal abnormalities. Neuropathologically, there is loss of Purkinje cells and/or degeneration of the dorsal columns (Bhatia et al., 1995; Hadjivassiliou et al., 1998) with facultative lymphocytic infiltration of the cerebellum, dorsal columns and peripheral nerves (Hadjivassiliou et al., 1998). In the present study, we failed to show evidence of a chronic inflammatory process in the CSF, but, irrespective of the histological findings in the gut, ataxia with gluten sensitivity was associated with the HLA DQB1*0201 haplotype in 70% of cerebellar patients. As this haplotype is present in ~40% of Caucasian control subjects (Gjertson and Lee, 1998), the association is highly significant. As coeliac disease is linked to the same haplotype (Hadjivassiliou et al., 1998), coeliac disease and ataxia with gluten sensitivity are not only suggested to be part of the same disease entity, but are likely to be contingent upon an immunological process despite normal CSF findings on routine examination.
Cerebellar dysfunction dominated the syndrome, with ataxia of stance and limbs, dysarthria and cerebellar oculomotor symptoms. In addition, patients had clinical and electrophysiological features suggestive of dorsal column degeneration and peripheral neuropathy prominently affecting sensory fibres. On neuropsychological testing, there was evidence of deficient verbal memory and executive dysfunction that was not related to general intellectual impairment.
The prevalence of AGA is high in British blood donors (12%) (Hadjivassiliou et al., 1996). In a cohort of 600 German blood donors, AGA of the IgA type were in the pathological range in 3.3% and AGA of the IgG type in 5% of the individuals tested (data provided by VITA Diagnostika GmbH, Merzhausen, Germany). Therefore, gluten sensitivity is significantly more frequent among cerebellar patients than among the general population in Germany. The present findings are also distinct from the data previously reported by Hadjivassiliou and colleagues not only in a lower prevalence of gluten sensitivity in patients with apparently idiopathic cerebellar ataxia (11.4% versus 68%) but also in the higher frequency of cerebellar atrophy (Hadjivassiliou et al., 1996). These discrepancies are likely to be contingent upon distinct patient characteristics. First, the study of Hadjivassiliou was based on 25 cases with idiopathic cerebellar ataxia who were part of a larger group of patients with unexplained neurological illness. Secondly, the features of ataxia with gluten sensitivity described by Hadjivassiliou with absence of cerebellar oculomotor symptoms in most patients and isolated dorsal column degeneration on post-mortem studies (Hadjivassiliou et al., 1998) seem rather consistent with spinal ataxia. The higher frequency of cerebellar atrophy in the present study may also be contingent upon a longer disease duration (10.7 years versus 6.4 years in the study of Hadjivassiliou), since the degree of cerebellar atrophy seems to be related to the duration of symptoms (Hadjivassiliou et al., 1998). In addition, the discrepancies regarding the prevalence may also result from the inclusion of patients with possible or probable multiple system atrophy in the present study (Gilman et al., 1999) while Hadjivassiliou had excluded all subjects with this type of cerebellar degeneration.
If villous atrophy is present, a lifelong gluten-free diet is recommended. This is of critical clinical importance not only in terms of malabsorption, but also in the light of a 40-fold increased incidence of intestinal lymphoma in untreated patients with coeliac disease (Holmes et al., 1989). According to these therapeutic recommendations, a gluten-free diet would not be essential in every ataxic patient with gluten sensitivity. Hadjivassiliou reported complete resolution of symptoms on a gluten-free diet in patients with prompt diagnosis (Hadjivassiliou et al., 1998). Regeneration in the CNS is very limited and it seems appropriate to start a gluten-free diet early in the course of the disease. Most of our patients decided to maintain a gluten-free diet in order to eliminate the triggering agent and we currently are following the therapeutic effect on the disease process.
We wish to thank W. Pache (VITA Diagnostika GmbH, Merzhausen, Germany) for providing data on the prevalence of AGA among 600 blood donors.
- © Oxford University Press 2001


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GUYMON, Okla. - Joe David Martinez, 46, died Thursday, Jan. 25, 2007, in Arlington, Texas.
Rosary will be said at 7:30 p.m. today in St. Peter's Catholic Church. Mass will be at 2 p.m. Tuesday in the church with the Rev. Bill H. Pruett officiating. Burial will be in Elmhurst Cemetery by Bunch-Roberts Funeral Home.
Mr. Martinez attended Guymon schools and Tarrant County Community College. He was a member of St. Peter's Catholic Church.
Survivors include a son, Paul Martinez; three daughters, Ursula Whitfield, Josephine Gonzalez and Ashley Martinez, all of Guymon; six grandchildren; his fiancee, Veronica Gonzalez of Fort Worth; two sisters; and nine brothers.
The family suggests memorials be to the American Cancer Society and may be sent in care of the funeral home, P.O. Box 1112, Guymon, OK 73942.
Amarillo Globe-News, Jan. 28, 2007
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Peaches - The Good - Bad - and sometimes Not So Good
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Camping Again!!! WoooHoooSeptember 15th 2004 5:08 am
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I'm going camping again - I can't wait. Momma just says the word camping and I run around doing the basset 500 almost faster then when she says "are you hungry?" This time we are going to a place called Dosewallup State Park in Washington - hopefully I don't get car sick but my Momma says it's only 1 1/2 hours. I will update when we get home next week.
My First Camping TripSeptember 11th 2004 5:35 am
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My Momma and Dad took me for a week camping. It was the first time I was on a leash ALLLLL the time. At home I get to run free on 2 acres with a fence. I found out i love the trailer and camp fires and all the walks - they say we are going again - I cant wait!
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This green Puerto Rico sea turtle travel souvenir stuffed animal is embroidered with Puerto Rico in multicolors. It also has the bright orange Puerto Rican conqui, "little frog". The sea turtle lives in warm oceans throughout the world, mostly in shallow coastal waters. They lay their eggs in the dunes along beaches. Each Souvies is unique to the region it represents, making it the perfect souvenir or gift.
Every Puerto Rico travel souvenir measures about seven inches – head to toes, and about six inches wide – hand to hand.
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Career Overview
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We all love a bit of gossip whether it relates to amusing stories, latest transfers or hideous new football kits that are set for release. Fans of the English Premier League are certainly no exception.
Some of the content within, you will no doubt have heard or read about already, but one should never be afraid to go over the facts again.
Without further ado, here are the latest 10 little bits of information that are currently lighting up Google's search engine.


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In my view, the most important lesson we can learn from Dr. King is not what he said at the March on Washington, but what he said and did after the march.King, whose legacy has been narrowed by a mainstream political order to a single important speech, was more than just a civil rights leader. He was a committed radical, a critic and activist looking not only to end segregation, but to end racism, war and to drastically alter capitalism. He spoke out vociferously against the Vietnam War and stood with black trash haulers in Memphis who were fighting for better treatment and better wages. It was during a visit to Memphis, following one of his most blistering speeches, that he was assassinated.
That sense of justice, Alexander now realizes, means that she must move beyond the narrow lane in which she has been working and that she must become committed to every piece of the fight.
I am still committed to building a movement to end mass incarceration, but I will not do it with blinders on. If all we do is end mass incarceration, this movement will not have gone nearly far enough. A new system of racial and social control will simply be erected in its place, all because we did not do what Dr. King demanded we should: connect the dots between poverty, racism, militarism and materialism.
Here in New Jersey, our major cities are crumbling. Police are being laid off and the schools are a wreck. It is no accident that those cities are majority black and Latino. It is no accident that the major employers have left for the suburbs (or overseas). We encouraged businesses to flea the cities by providing subsidies in the form of both tax breaks and shiny new infrastructure in the new suburbs. And when the businesses fled, seeking better facilities and more space but also starving the cities of funding, we blamed the cities and left them to fester, leaving their residents to deal with failing schools and rising crime.
As the nation celebrated the 50th anniversary of King's most famous speech, eliding the most radical parts of it and focusing on a very narrow definition of colorblindness as we patted ourselves on the back for the progress we've made, the president began consideration of another bombing campaign and the city of Trenton was in the throes of a murder spree.
We talked of King and equality, but we avoided real discussion of King's larger vision, of his economic demands and his call to end our military addiction. King knew, as Alexander points out, that all of this is interrelated, and that we must take all of them on if we are to create a more just world.
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Meds, Mind, Body & Benefits > Nutrition & HIV
Desifection of Greens and Fruit
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--- Quote from: water duck on June 24, 2006, 01:44:14 PM ---the chef in me forbid me to wash mushrooms, strawberries, raspberries, they absorb so much water , it becomes like sponge.i usually use a kitchen brush.--- End quote ---Ouch! ::)A kitchen brush to wash raspberries? <note to self: never go over to Water Duck's house for dinner to eat fruit since it would be like mush> ;D
:D :D :D :D :D LOL Steven! :D :D :D :D :D
I can't help but think of the Seinfeld episode where Kramer washes and prepares his food as he washes himself in the shower.CheersJohnny
I agree with LWood...I use a mild bleach/water solutions for leafy type vegestable, the rest I simply wash as I would dishes....with dishwashing soap and rinse thoroughly. They always recommend washing cuts with plain old soap and water as one of best means of disinfection, no different with fruits and veggies....especially smooth skin ones like plums, nectarines, tomatoes, peppers, etc.... Quick and easy...The key is...do something to disinfect, especially if your CD4 is below 300...
I have to side with Siang here,the chef and veggie in me buys organic food mostly and washes the veg in clear water. Lots of greens, like lettuce, have water soluble vitamines that will go if you leave it to soak for too long. I am more concerned by the pesticides than the stray bug. Also, if you steam your veg you are already killing off most of what could be hidding there.This thread reminds me of my time on a tropical island with no running water where we washed everything in a solution of clorox and therefore felt safe (despite the uuurrrgggghhhh taste :P) until I found out that most of our tinned stuff (a big no-no for me) was way past the sale by date ;D - hey, no one died!!Pat
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INGREDIENTS:Salad: 3 cups cucumber, peeled and chopped 2 cups tomatoes, seeded and chopped 1 ½ cups iceberg lettuce, torn 1 ½ cups romaine lettuce, torn 1 cup red onion, thinly sliced into rings 1 cup edamame (whole green soybeans), shelled and cooked 1/3 cup black olives, pitted, sliced and drainedDressing: 1 12.3-oz. package silken tofu 2 Tbsp. soybean oil 1 Tbsp. lemon juice 1 clove garlic, minced ½ tsp. leaf oregano, dried ½ tsp. black pepper, ground ¼ tsp. salt ½ cup feta cheese, ...
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The cost of a funeral has risen from just $983 in 1971 to over $7,000 today. Meanwhile, as a result of the rise in funeral costs, cremation rates have SOARED from just just 6% to now over 43% in the same time period. Cremations "only" cost $3,000 a body, or roughly 55% less than a funeral.
Take a look at these charts by the National Funeral Director's Association:
I used to think that cremation was more of a religious thing. If you ever travel around Asia, you'll find that cremation is the way to go, especially in Buddhist, Hinduism, Jainism, and Sikhism countries. Cremation is believed to not only dispose of the body in this life, but also usher the soul into the next world or its rebirth into the next life.
Christianity, Judaism and Islam all have traditions that frown upon cremation, if not outright prohibit it. For those of you who represent one of these three religions, is cremation really that bad? Islam, for example, instructs its followers to bury their dead as quickly as possible, preferably within the day of the death.
Given the above charts are for the USA, it's curious to see such a high cremation rate when roughly 79% of the US population is Christian, 1.7% of the US population is Jewish, and 0.6% of the US population is Muslim. If cremation was really frowned upon in these three religions, one would expect the cremation rate in the US hover closer to around 20% rather than 43%.
So what gives? The answer must clearly have to do with the rapid rise in funeral costs. Money is trumping religion in this case, as it does in many cases in society. It costs a lot to die for average people nowadays, and folks who have estates in excess of $5.34 million per spouse thanks to the death tax.
I'm not sure it's legally possible to take a dead body of a loved one and burn it yourself or bury him or her in your backyard. In other words, you're going to have to pony up at least $3,000 for a cremation and probably closer to $10,000-$15,000 for a burial and a wake. If you're one of the thousands of people out there who are living paycheck to paycheck for whatever reason, this could be a problem.
* Go into credit card debt.
* Borrow money from friends and family.
* Ask the funeral service for a payoff plan.
* Exchange funeral services for services or items (bartering).
* Create a fundraiser. If there's one time to ask for money from strangers, this could be it.
* Use a life insurance policy payout.
I haven't had to think about funeral costs yet because my immediate family are all still alive. But eventually, all of us will die, and this subject has really made me focus on what type of life insurance policy I have for my dependents. I gave USAA a call (20 year member) and made sure my life insurance policy would cover ALL debts by 150% in case of my death. Not only that, I increased my umbrella policy by 50% given my net worth has increased over the past two years.
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Updated for 2016 and beyond.