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Crystal Mountain Ski Resort/53min away. Your snow weather friends will love you during the winter months!
Mount Peak/Trails 5min away, 2.4 miles round trip, 1796 ft. Time for a nap!
Seattle-Tacoma International Airport, 17801 International Boulevard, Seattle, WA 98158 37.0 miles/50min
http://www.wahorsepark.org/ The Park becomes ever-more popular with trainers, recreational riders, and small groups looking for a relaxed getaway with or without a horse. Cle Elum, WA 98922
Ocean Shores, WA Want the beach/2h52min to take your horse?
Moses Lake, WA How about going fishing? 2h53min
Major Shopping: Bonney lake, Walmart Superstore, 9.9 miles, 20min
Welcome to The Ozarks. I sell property in South Central Missouri close to acres of Mark Twain National Forest, miles of good float and fishing rivers, Big Piney, Bryant, North Fork, Current, Eleven Point and Gasconade. Located 70 miles east of Springfield, home of Bass Pro Shops, a St. Louis Cardinal AA affiliate, two major hospitals, shopping and dining.


text: Do You Like Cry? 26.3% 5 votes Yes! 26.3% 5 votes Nah. 47.4% 9 votes Who? / I dont know enough about her. XxNightLightxX (Fluffy Worrier) published on August 13 1 quiz13 stories22 questions22 polls15 pages Follow Create a Poll on Qfeast. It's just too easy! Star Poll Be the first to add this poll to starred list! ▼Scroll down for more polls▼ Comments (0) Be the first to comment Subscribe

subset: commoncrawl


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Woman still missing on South Stradbroke Is
The Queensland State Emergency Service (SES) is wrapping up a search that has continued into the night for a 49-year-old woman reported missing on South Stradbroke Island.
The local resident was fishing from a beach this morning before she disappeared around 8:00am AEST.
The woman has a serious medical condition.
There are also venomous snakes on the island.
Gold Coast SES controller Peter Linnell says more than 50 volunteers have been helping police search bushland on the island.
"We believe she got up to go to the toilet up into the bushland behind or she was bushwalking, doing a bit of fishing on the way," he said.
Topics: emergency-incidents, police, southport-4215
First posted


text: protest Protest Marches Scheduled In Capital Region By Lucas Willard • Nov 17, 2016 Pat Bradley/WAMC Listen Listening... / 0:47 As demonstrations by those on the left continue across the country in the wake of President-elect Donald Trump's victory, marches are scheduled in the Capital Region. The Book Show #1470 - Jeffrey Toobin By Joe Donahue • Sep 20, 2016 Listen Listening... / 25:24 Jeffrey Toobin is a New Yorker Staff writer and is the senior legal analyst for CNN. His new book is American Heiress: The Wild Saga of the Kidnapping, Crimes and Trial of Patty Hearst which revisits the famous kidnapping and the ongoing question of Hearst's motivations and loyalty in the 19 months that followed her abduction. Dear President Obama Screening At The Linda 7/21 By Joe Donahue • Jul 20, 2016 Listen Listening... / 12:49 The new film Dear President Obama, The Clean Energy Revolution Is Now will be seen Thursday night at 7PM at The Linda: WAMC's Performing Arts Studio in Albany. Narrated by actor and activist Mark Ruffalo, the film is a direct appeal to President Obama as he shapes his environmental legacy, but it is also a very loud shout-out to every elected official in the country to carefully consider the growing evidence that proves that leaving fossil fuels in the ground is the only reasonable energy path forward. The film is written and directed by Jon Bowermaster. Albany Residents Gather In Support Of Black Lives Matter Movement By Dave Lucas • Jul 9, 2016 Dave Lucas / WAMC Listen Listening... / 0:24 Citizens joined activists and community leaders in Albany chanting enough is enough. Protesters Halt Oil Train By Lucas Willard • May 15, 2016 Pat Bradley/WAMC Following a rally 1,500 strong in Albany's Lincoln Park Saturday, hundreds of climate activists descended on the Port of Albany to protest the crude oil trains frequently seen along the city's waterfront. Skidmore Students Rally For Mental Health By Paulina Phelps • May 4, 2016 Listen Listening... / 0:42 Skidmore College students are demanding more resources for mental health on the Saratoga Springs campus. Six Arrested After Blocking Entrance To Power Plant Construction Site By Hank Gross • Dec 19, 2015 MidHudsonNews.com Listen Listening... / 0:44 Six people were arrested by New York State Police for disorderly conduct Friday morning when they blocked the construction entrance site to the Competitive Power Ventures in Orange County. Hartford Rallies Address Syrian Refugees By Associated Press • Nov 29, 2015 CT.gov Opponents and supporters of plans to accept Syrian refugees into the United States held dueling but peaceful rallies in Hartford. Brooklyn Assemblyman, Demonstrators Arrested At Protest By Associated Press • Jul 23, 2015 New York State Assembly Authorities say eight people, including a state politician, have been arrested at a Manhattan demonstration against the proposed U.S. deal with Iran. America's Radical Underground, The FBI, And The Forgotten Age Of Revolutionary Violence By Joe Donahue • May 6, 2015 Listen Listening... / 17:25 Bryan Burrough is a special correspondent at Vanity Fair and the author of five previous books, including The Big Rich and Public Enemies. His new book is Days of Rage: America's Radical Underground, the FBI, and the Forgotten Age of Revolutionary Violence. There was a stretch of time in America, during the 1970s, when bombings by domestic underground groups like The Weathermen, The Symbionese Liberation Army, The FALN, and The Black Liberation Army were a daily occurrence. The FBI combated those groups and others as nodes in a single revolutionary underground, dedicated to the violent overthrow of the American government. The FBI's response to the leftist revolutionary counterculture has not been treated kindly by history, Burrough's book tempers those judgments with an understanding of just how deranged those times were. MSMC Students, Staff Protest Professors' Termination By Allison Dunne • Apr 2, 2015 WAMC, Allison Dunne More than 150 students and staff at Newburgh's Mount Saint Mary College gathered Wednesday to protest the termination of two professors. They say freedom of expression is at stake as Catholic policies encroach. The Board of Trustees chair disagrees. Congressional Corner With Paul Tonko By Alan Chartock • Dec 16, 2014 Listen Listening... / 9:02 The Michael Brown and Eric Garner grand jury outcomes launched protests from coast to coast. In today's Congressional Corner, New York representative Paul Tonko tells WAMC's Alan Chartock that federal reforms are a possibility. Peace Groups Hold Protests Against U.S. Military Action In Syria By Allison Dunne • Sep 7, 2013 Olga Lednichenko, flickr A peace and justice action network in Westchester is holding a 24-hour protest against U.S. military strikes in Syria. The peaceful demonstration begins Friday evening. U.S. House Speaker Meets Protests Outside Congressional Fundraiser In Sullivan County By Allison Dunne • Aug 7, 2013 WAMC/Allison Dunne U.S. House Speaker John Boehner headlined a fundraiser for New York Congressman Chris Gibson Tuesday evening. The Sullivan County event drew about 75 protestors, who gathered to tell the two Republicans that their votes are hurting working families. David Talbot - "Season of the Witch" By Joe Donahue • Nov 20, 2012 We welcome David Talbot and speak with him about his book, Season of the Witch: Enchantment, Terror and Deliverance in the City of Love, which tells the story of San Francisco between 1967 and 1982. Protests Planned For Governors, Premiers Meeting By Pat Bradley • Jul 24, 2012 Occupy groups and others plan to protest during the Conference of New England Governors and Eastern Premiers. Demonstrations are planned Sunday and Monday. Organizers say they want the governors and premiers to focus on the human rights of the people in the region and a process that engages them in holding their governments accountable for protecting their rights. The 36th annual conference will be co-hosted by Gov. Peter Shumlin and Quebec Premier Jean Charest.


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Online Class
Machine Quilting
with Wendy Butler Berns
What are you most proud of? My Walking Foot sample:) I am pleased with how I feel more confident using it and trying lots of different patterns. Okay.... on my second attempt it is a bit easier but still finding it very difficult! What advice would you give someone starting this project? What advice would I give??? It is me that needs the advice and help ;) This is my first attempt at using the Darning Foot and trying to fmq.... all I can say is.... you won't have to look too close to see how awful my control of the stitching is! When Wendy said to practice, practice, practice... I think for me it will take forever to master this! How have you all mastered this so quickly and so well?!?!


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THIS IS A DIRECTORY PAGE. Britannica does not currently have an article on this topic.
Learn about this topic in these articles:
description and formation
...the ground is overlain by warmer air (a very common occurrence in polar regions, especially in winter), mixture at the border leads to supersaturation in the cold air. Small ice columns and needles, " diamond dust," will be formed and will float down, glittering, even from a cloudless sky. In the coldest parts of Antarctica, where temperatures near the surface are below −50...


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1 Care Companion Job Found
homecare/assistance in our home needed
Posted by Andrea F. on 11/16/2016
- Start date:
- 11/28
- 24 miles away (Hillsboro, OR)
- $10/hr
This is a very low level of care with a lot of free time. No medication administered and no bathing. We require a non-smoker and someone ok with 1 dog (lab). There is no cooking involved or feeding. Please call/text with any questions about the position. Thank you, Andrea.


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Proposing a toast is a tradition in many cultures for celebrating special occasions, honorable achievements, and free drinks. Drink to discounted revelry with this Groupon.
$35 for Five Wine Tastings at Five Separate Wineries for Two ($90 Value)
Customers attend wine tastings at the following boutique wineries:
- Dry Creek Vineyard
- Alexander Valley Vineyards
- Foppiano Vineyards
- Mutt Lynch Winery
- Viszlay Vineyards

In addition to tastings, customers receive access to numerous benefits at each winery, such as discounts on wine-and-cheese pairings, discounts on bottle purchases, an engraved wine glass from Mutt Lynch, and vineyard tours.

Not everyone who goes on vacation wants to stay at a hotel—they'd prefer the extra space and full kitchens of a vacation rental. But picking out and then actually reserving and paying for a rental property can be tricky, which is why Tim Choate founded RedAwning.com, a website that brings the benefits of easy hotel-style reservations to vacation rentals. RedAwning.com offers thousands of rental properties in the US, Mexico, and Costa Rica, including studio cottages and houses with hot tubs, pools, and six or more bedrooms. A live reservations staff is on hand to answer questions both before and after you book your stay, and a concierge gives you access to exclusive perk cards and discounts on everything from wine tours to ski-lift tickets to spacecraft rentals.


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Clue: MOUSE
We have 2 answers for the clue MOUSE. See the results below.
Possible Answers:
Related Clues:
- Stigma
- Mark of shame
- Shiner
- Bad mark
- *Shiner
- Injury found in this grid's upper-left corner
- Boxing ring?
Last Seen In:
- LA Times - June 07, 2015
- New York Times - June 29, 1997
Found an answer for the clue MOUSE that we don't have? Then please submit it to us so we can make the clue database even better!


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- 4-Week # shares sold: 1,000
- 12-Week # shares sold: 6,216
- 24-Week # shares sold: 24,766
The unemployment rate declined to 4.6%, the Labor Department says in its final jobs report before the Fed's Dec. 13 to 14 meeting. Economists had expected a rate of 4.9%.
Jim Cramer says he prefers Celgene to Gilead, and Walgreens Boots Alliance to Express Scripts.
Jim Cramer remains a fan of industrials, transports, banks and domestic oil producers.
Four Top Trump Stocks: Caterpillar, Buffalo Wild Wings, Aetna and JPMorgan Chase


text:
Reward Points on this item:11
Availability: In Stock Usually Ships in 1-2 Business Days
Moom Hair Remover with lavender pampers with calming chamomile, luxurious lavender and delicious lemon juice. Lavender is widely used for a host of ills, from anxiety to sunburn.
Sugar (Organic), Lemon Juice (Organic), Chamomilla (Organic), Lavandula Officinalis (Lavender) (Organic), Water.
Bwc Premium Aromatherapy Facial Cleanser For Normal To Dry Skin - 8.5 Oz
Our Price:$6.06
Jason Natural Products Volumizing Lavender, Pure Natural Conditioner - 16 Oz
Our Price:$5.80
Pure Touch Skin Care Individual Flushable Moist Tush Wipes - 24 Ea
Our Price:$2.79
Jason Natural Henna Hi-Lights Hair Shampoo - 16 Oz
Our Price:$5.84
Jason Natural Super Shine Apricot Pure Natural Hair Conditioner, 16 Oz
Avalon Organics Tea Tree Shampoo For Scalp Treatment - 32 Oz
Our Price:$11.06


text: That's right, one of you will get MiZoo for free. If you are unfamiliar with MiZoo, let this thread explain: http://www.ifans.com/forums/showthread.php?t=28993&page=93 MiZoo is the 2.x AppStore port of the 1.x firmware's million+ downloaded iZoo. Details from the AppStore: http://itunes.apple.com/WebObjects/MZStore.woa/wa/viewSoftware?id=300894983&mt=8 And also, http://www.casey.org.uk/mizoosupport/ Alright, now that you read all those links, let me tell you how to get MiZoo Be good. That's it! Do something good for something else, post some evidence to this thread, and that's it. The winner will be chosen by the moderation staff with strong influence by the comments posted within this thread. This contest will close at January 24th. Please have all entrees submitted by then. Any good deeds performed before January 16th will be null and void. In other words, don't rest on your past laurels. Have fun, and Good luck! Disclaimer: The promo code for MiZoo is ONLY good in the US iTunes and AppStore. If you do not have access to either of these, then you can not win. However, feel free to be good yourself and to post in this thread.


text:
Wake Island Reviews
Tim Brayton
Antagony & Ecstasy
Antagony & Ecstasy
June 12, 2014
It's fairly exciting action cinema... [that] falls apart on the generally anemic, one-note characterisations and the lack of any particularly memorable performance.
Full Review | Original Score: 6/10
Nick Davis
Nick's Flick Picks
Nick's Flick Picks
January 10, 2003
Robin Clifford
Reeling Reviews
Reeling Reviews
November 19, 2004
| Original Score: 4/5
Dennis Schwartz
Ozus' World Movie Reviews
Ozus' World Movie Reviews
April 30, 2006
Succeeds in its attempt to dramatize the war effort.
Michael W. Phillips, Jr.
Goatdog's Movies
Goatdog's Movies
December 19, 2004
A good, old-fashioned war movie, the kind of movie you watch with your dad on a Saturday afternoon.
Full Review | Original Score: 3.5/5
Emanuel Levy
September 20, 2006
Though largely fictionalized, this is a moving report of the defense of the Pacific Island base, with strong emphasis on the heroic gallantry of three Manrines, played by Robert Preston, Brian Donlevy, and William Bendix.
Full Review | Original Score: B+


text:
Was definitely a great convenience.
Everything was so easy to use! And our order even came early! It rocked!
I used Garden Grocer during our first trip to Disney World. I looked at several other grocery delivery sites before settling on Garden Grocer. I made my decision based on other people's reviews, the products available and price. I received a confirmation phone call when my order was placed as well as one after it was delivered. My order was delivered on time. One item was missing. I called Garden Grocer and it was replaced the next day without any problems or hassle. I will use Garden Grocer next time I visit Disney World.


text: JN Engineering is a leading supplier of crusher service and solutions, including wear parts for Sandvik, Metso, Nordberg, Symons, Barmac crushers, crusher field installation and commissioning, operation and maintenance service, and turnkey (EPCM) projects. We offer jaw plates for Sandvik CJ series, Metso Nordberg C series, Mantles and concaves for Metso Nordberg HP and GP series, Symons series, Sandvik CH and CS series, rotor tips for Metso Barmac B series. Our experienced and qualified service teams can provide you field installation and commissioning, operation and maintenance services. Our turnkey (EPCM) projects include modular crushers, and complete rock processing plant from 100 to 500 t/h.


text:
The top three hunting boots
There are many people who are passionate about hunting. Hunting is one of those adventures that not only need enough courage, but also a proper dress code. In this dress code, hunting boots hold the most importance. These boots are available in various designs, materials, and brands. Different manufacturers produce unique features in their boots to make their product best of all. It is important before making a final decision that you evaluate all the possibilities carefully as a responsible buyer.
Here is a list of the best hunting boots with all their required features. They are as follows: (more…)


text:
Doctor insights on:
Can A Person Be On Campral And Still Drink If In Moderation
Can a person be on campral and still drink if in moderation?
Nope: Check out the Campral website, it clearly states not recommended and will not work. Campral is intented to be used along with other forms of support for people seeking abstinence. If someone is trying to be abstinent and has a relapse or "slip" they should discuss this with their doctor, however the medication is not meant to make a moderate drinker out of a problem drinker, absolutely not! ...Read moreSee 1 more doctor answer
How long after drinking can you begin taking campral?
TEnter an answer sum: Campral may be started immediately. It is used to stop drinking alcohol. If that is not your goal, do not take it. This must be done under your doctor's direction. ...Read more
What are the effects if you were to drink alcohol while taking campral?
Nothing: If you drink alcohol when you take campral, you do not have side effects. It's not like Antabuse [you feel sick if you drink and take Antabuse at the same time]. Campral helps you when you are withdrawing from alcohol: feeling anxious, trouble sleeping, sweating. What kind of support do you have? Congrats on making important changes in your life! ...Read moreSee 1 more doctor answer
How long after you stop drinking alcohol can you begin campral?
Discuss with doctor.: Campral is one of the latest agents in the battle against alcoholism/abuse; and can be effective if used correctly. Please discuss this with your physician! ...Read moreSee 1 more doctor answer
What is drinking in moderation? Do you still get to feel the buzz?
Its drinking....: drinking in moderation is still drinking.... light the lights being on or off.... or being pregnant or not..... alcohol is known to impair judgement, lead to potential birth defects, can cause head and neck cancer (more so synergistically when combined with smoking/tobacco) ...Read more
Could I still drink (in moderation) fizzy drinks after a dental sealant was applied to molars?
Occasionally: having sugar-free fizzy drinks is not bad for your teeth and there is no reason to avoid them. ...Read moreSee 1 more doctor answer
I take zonegran and Paxil for depression. Can I still drink in moderation?
No: That would likely be bad for your liver, and worsen your mood stability. ...Read moreSee 1 more doctor answer
How much alcohol would cause a person to still be intoxicated the next morning after a night of drinking? How is this possible?
Depends: It depends on the amount of alcohol, and how fast the person can or cannot metabolize it. ...Read moreSee 1 more doctor answer
Can a person who has had a stroke still drink alcohol?
Alcohol and stroke: The simple answer is yes, in moderation. There is conflicting research showing that 1-2 drinks per day can actually lower the risk of heart disease and stroke. Heavy drinking can increase the risk of theses diseases. Talking with your doctor is the best way to get guidance concerning consumption of alcohol after having a stroke. ...Read more
I have elavated liver enzyme do to alcohol, stoped drinking but still have anxiety issues real nervous person. Is it ok to inject "bejoyecta" its b12?
- Talk to a doctor live online for free
- Can you be pregnant and still come out negative on a home pregnancy test?
- I take zonegran and paxil for depression can i still drink in moderation
- How faint can a line be on a pregnancy test and still be positive?
- Ask a doctor a question free online
- Can i fail a pregnancy test and still be preg?
- If your period comes on late can you still be pregnant
- Can i still fly on a plane after having a major stroke and brain surgery?
- If i have a fever and am on antibiotics am i still contagious to an infant
- Talk to a pharmacologist online for free


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As most people are sitting down for dinner on Thursday evenings, a small group of local women are preparing to slip on boxing gloves. Every week at 7:00 pm, they arrive one by one and in pairs for a new boxing class at OMNI Movement, an MMA and Athletic Training Center located at 1200 Harbour Way South.
It's Not 'Just a Name' – End Racial Slurs in Sports
Richmond Grinders Capture Medal In Junior Olympics Nationals
The Richmond Grinders won a medal at the junior Olympics nationals in Virginia this year. And as their coach, I can tell you that what they accomplished is only the beginning. Their success is part of a bigger movement in Richmond and across the country, and its inspiration dates all the way back to the 1968 Olympics.
Khalid's Corner: Returning to the Field
For Female Athletes, Double Standards Start at an Early Age
Down a Player: How a High School Coach and Basketball Team is Carrying on in the Wake of a Homicide
News Feature, Chanelle Ignant At a Friday night basketball game in late November, Richmond High School's boys basketball coach, Robert Collins, paced the sidelines, yelling instructions to his team. With less than 30 seconds left, and only a two-point lead over the Mount Diablo Devils, Collins had one command for his team. "Don't foul […]
Warriors Give Nystrom Community a New Place to Play
Story and Photos by Chanelle Ignant Lenora Walker grew up playing basketball near Martin Luther King Park in Richmond. But when the Martin Luther King Community Center closed a few years ago, the park's run down outdoor courts became her only option. "All we had left were the courts here that had cracks [and] the […]
Local Boxing Coach Training Champions in Richmond
News Report + Photos, Sukey Lewis "You better go Richmond on him!" Coach John Island spoke forcefully into his fighter's ear as they huddled in the red corner of the boxing ring. Jonny Perez was in the middle of his third and final fight at the 2014 Ringside World Championship in Kansas City, Missouri. He […]
Brazilians in Richmond React to World Cup Defeat
Photo Essay, David Meza Last week, Tempero Goiano Brazilian Restaurant in Richmond was full of people decked out in yellow and green—their hopes high for the Brazilian soccer team in its game against Germany. It would end up being a historic match. Tempero Goiano was one of many local businesses that joined in the World […]
El Cerrito High School Track Star Hurdles Her Way Through Life
by Sukey Lewis Kaylah Robinson jumps up and down rolling her head from side to side. Her deep brown eyes focus on the horizon—past the yards of track and two hurdles in front of her. Kaylah's arms hang taut at her sides, fingers splayed apart. Every muscle in her long legs seems to vibrate. "Mark." […]


text:
Europeâs banks lose patience with asset management arms
Owners of European asset management firms are losing patience with their fund management arms, which are finding it difficult to make profits in tough market conditions.
Fortis, the Benelux insurance group, has appointed Merrill Lynch to advise on a possible float of its fund management arm, according to investment bankers.
Banca Intesa has sold 65% control of its troubled fund management business to Crédit Agricole, HSBC and Munder Capital are selling Framlington, and Deutsche Bank is likely to push through a sale of its London fund management operation.
The Fortis soundings are being made ahead of an announcement next week by Fortis Investments, which is likely to spell out its expansion plans.
In 2001, McKinsey & Co, the consultants, said Fortis Investments needed greater scale to succeed, but progress has been slow. Fortis is said to be disappointed with profit levels at the fund manager, whose net operating profit was €47m ($58m) last year, about 1.5% of the group's total net operating profits of €3.2bn.
A Fortis Investments float is not inevitable, however. Options include selling part of the division or striking a partnership deal. Banking sources said Richard Wohanka, chief executive of Fortis Investments, is keen to float the company, but he declined to comment.
A spokesman for Merrill Lynch said he had no information on an advisory relationship with Fortis.
Analysts said Fortis would fetch €750m if sold wholesale. A Fortis spokeswoman said: "We cannot speak on the issue now, but we will be able to comment towards the end of the month."
In March, Fortis Investments announced plans to expand in the UK, Scandinavian and Polish markets after winning new business of €5.6bn in 2004.
It has made inroads into France, Germany, Italy, Spain, Switzerland, Japan and China, although profits from these activities will take time to grow.
Banca Intesa decided to sell control of Nextra Investment Management following poor performance and losses relating to its involvement in the Parmalat affair. HSBC was keen to sell its stake in Framlington following an exhaustive review of its fund management operation, which led to several redundancies.
Kevin Parker, Deutsche Asset Management chief, considered selling the group's London office after being told he needed to increase its profitability. The latest Companies House accounts show the fund manager made profits of just £3.4m (€5m) in the UK in 2003, a figure dwarfed by the €2.5bn net profit posted by Deutsche Bank last year.
UniCredito's proposed €16bn takeover of Germany's HVB Group was partly the result of an appraisal of HVB's fund management operation. UniCredito is particularly keen to make use of its global equity products and its hedge fund operation, incorporating Ramius Capital Group.
Axa is keen to buy control of Framlington and WestLB's asset management operation wants to put together partnerships with rival fund managers.


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Popular Yoruba actress, Fathia Williams Balogun who shocked the world when she stepped out completely bald in a daring look for the City People Awards has dumped the baldy look for a black wig.
The Nollywood star was first spotted rocking her new hairdo at the #100Deltans event and later at Harry Song's One Delta Peace Concert.
Faithia Balogun Dumps Bald Hair For Wig At Harrysong's Concert (Photos) on Naijaloaded |/a>.


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August 26, 1998
ROBERT OGIBA, Plaintiff,
BUSINESS SERVICES COMPANY OF UTICA, Defendant.
MEMORANDUM - DECISION and ORDER
Presently before the court is defendant Business Services Company of Utica's ("BSC") motion for summary judgment pursuant to Fed. R. Civ. P. 56, on the ground that there exists no genuine issues of fact warranting a trial. Plaintiff Robert Ogiba ("Ogiba") opposes the motion. Oral argument on the motion was heard on June 11, 1998, in Utica, New York. Decision was reserved.
On October 15, 1996, plaintiff filed a complaint alleging that defendant willfully discharged him from his position as a copier technician because of his age in violation of the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. §§ 623-634. Defendant alleges that plaintiff was terminated because of his unsatisfactory job performance in relation to coworkers during a time of company wide downsizing.
Ogiba was employed for nine years as a copier technician by BSC, a copier/facsimile sales and service dealer. He was interviewed and hired by Jim Abiusi ("Abiusi"), BSC's Vice President. Plaintiff was 41 1/2 years old at the time he was hired.
During his years at the company, plaintiff serviced copy machines for BSC's customers. Typically, he responded to customer service calls by driving to the customer's site and performing technical repairs or maintenance on their copy machines. In addition to technical work, plaintiff was responsible for completing relevant paperwork and maintaining good relationships with BSC's customers.
In 1992, BSC hired a consultant to analyze staffing patterns at the company. The consultant analyzed BSC's billing, number of contracts, and number of copiers in the Watertown area, and then compared these numbers to BSC's staffing. The consultant concluded that BSC was over staffed according to the industry standard of 150 copiers per technician. The consultant advised BSC that it needed to reduce its service employees by 1.2 employees in the Watertown office. At that time, there were four service technicians in the Watertown office along with one manager. The four service technicians were plaintiff, age 50; Richard Ames, age 51; Arthur Lull, age 48; and Warren Cronk, age 31.
BSC placed Abiusi in charge of implementing the consultant's recommendations and selecting which technician to discharge. Abiusi decided to terminate Ogiba, and the plaintiff was informed of the decision on April 27, 1992. Plaintiff alleges this decision was based on age discrimination. At the time he was terminated, plaintiff had an annual salary of $ 22,396.50, plus the use of a company car.
On September 21, 1992, plaintiff filed a charge with the New York State Division of Human Rights and the Equal Employment Opportunity Commission alleging age discrimination. Both the New York State Division of Human Rights and the Equal Employment Opportunity Commission held that the complaint was without merit. Plaintiff then commenced the instant suit.
A. Summary Judgment Standard
Summary judgment must be granted when the pleadings, depositions, answers to interrogatories, admissions and affidavits show that there is no genuine issue as to any material fact, and that the moving party is entitled to summary judgment as a matter of law. Fed. R. Civ. P. 56; Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247, 91 L. Ed. 2d 202, 106 S. Ct. 2505 (1986). Facts, inferences therefrom, and ambiguities must be viewed in a light most favorable to the nonmovant. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586, 89 L. Ed. 2d 538, 106 S. Ct. 1348 (1986); Project Release v. Prevost, 722 F.2d 960, 968 (2d Cir. 1983). Once the moving party has met the initial burden of demonstrating the absence of a genuine issue of material fact, the nonmoving party "must set forth specific facts showing that there is a genuine issue for trial." Fed. R. Civ. P. 56; Liberty Lobby, Inc., 477 U.S. at 250; Celotex Corp. v. Catrett, 477 U.S. 317, 323, 91 L. Ed. 2d 265, 106 S. Ct. 2548 (1986); Matsushita Elec. Indus. Co., 475 U.S. at 587. At that point the nonmoving party "must do more than simply show that there is some metaphysical doubt as to the material facts." Matsushita Elec. Indus. Co., 475 U.S. at 586. To withstand a summary judgment motion, sufficient evidence must exist upon which a reasonable jury could return a verdict for the nonmovant. Liberty Lobby, Inc., 477 U.S. at 248-49; Matsushita Elec. Indus. Co., 475 U.S. at 587.
B. ADEA Claim
The disparate treatment theory under the ADEA prohibits an employer from terminating an employee because of his or her age. 29 U.S.C. § 623(a)(1). In order to establish a prima facie case of age discrimination, a plaintiff must prove that: "(1) at the time of discharge []he was at least forty years of age, (2) [his] job performance was satisfactory, (3) []he was discharged, and (4) [his] discharge occurred under circumstances giving rise to an inference of discrimination on the basis of age." Grady v. Affiliated Central, Inc., 130 F.3d 553, 559 (2d Cir. 1997); Hollander v. American Cyanamid Co., 895 F.2d 80, 83 (2d Cir. 1990). If a plaintiff establishes a prima facie case, he "creates a presumption that the employer unlawfully discriminated" against him. Texas Dep't of Community Affairs v. Burdine, 450 U.S. 248, 254, 67 L. Ed. 2d 207, 101 S. Ct. 1089 (1981); McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802, 36 L. Ed. 2d 668, 93 S. Ct. 1817 (1973).
In order to rebut this presumption of discrimination, the burden shifts to defendant to produce a legitimate, age-neutral reason for the discharge. Burdine, 450 U.S. at 254; McDonnell Douglas, 411 U.S. at 802-04. The plaintiff must then prove that defendant's reason for discharge was only a pretext, and that he was the victim of intentional discrimination. Saint Mary's Honor Ctr. v. Hicks, 509 U.S. 502, 506-08, 125 L. Ed. 2d 407, 113 S. Ct. 2742 (1993). Plaintiff can prove that defendant's reason was pretextual either directly or indirectly. To directly prove pretext, plaintiff must persuade "the court that a discriminatory reason more likely motivated the employer." Id. Plaintiff can indirectly prove pretext by "showing that the employer's proffered explanation is unworthy of credence." Binder v. Long Island Lighting Co., 933 F.2d 187, 192 (2d Cir. 1991)(quoting Burdine, 450 U.S. at 256).
C. Prima Facie Case
It is undisputed that plaintiff was over the age of forty when discharged; thus he meets these two elements of the prima facie test. The other two elements, to wit, that his job performance was satisfactory, and that his discharge occurred under circumstances giving rise to an inference of discrimination on the basis of age, are in issue. See Grady, 130 F.3d at 559.
1. Satisfactory Job Performance
Whether an employee's performance was satisfactory depends upon the employer's criteria. Thornley v. Penton Publ'g, Inc., 104 F.3d 26, 29 (2d Cir. 1997). The employer's criteria is critical, regardless of what a judge or jury may consider as reasonable. Id. Only a showing that the employer set performance criteria in bad faith defeats the standard set by the employer. Id. Thus, where an employer sets expectations in good faith, the employee must meet those expectations in order to establish this element of a prima facie case. Id. at 30.
BSC contends that it decided to terminate plaintiff because of unsatisfactory job performance in comparison to other workers. Abiusi studied the evaluations of the four service technicians, plaintiff and the three others, for the prior two years.
Plaintiff had the lowest ratings of the four technicians.
Plaintiff's evaluation record for the two years prior to his discharge is uncontroverted. Ogiba alleges that his job performance was satisfactory because he was trained on the greatest number of machines; he trained other employees on machines; he received the Employee of the Year Award; and he consistently received good evaluations and comments from his superiors. Contradictory assertions of the parties must be resolved in favor of plaintiff, the non-moving party. See Babcock v. CAE-Link Corp., 878 F. Supp. 377, 384 (N.D.N.Y. 1995).
Moreover, BSC does not contend that it fired plaintiff for poor performance. Rather, BSC contends that it fired plaintiff because of a reduction in force. The criteria it used to determine which employee would be terminated was performance. This distinction is critical. In essence, BSC ranked its employees by performance, then retained the highest performers. There is no contention that Ogiba would have been fired for unsatisfactory performance without the reduction in force. Ogiba's performance was unsatisactory in comparison to the other employees, not in relation to performance of the job.
In these circumstances, plaintiff meets the de minimis burden of showing satisfactory performance, establishing this element of his prima facie case.
2. Inference of Age Discrimination
BSC argues that Ogiba was not terminated under circumstances giving rise to an inference of age discrimination, and thus does not meet the fourth element needed to establish a prima facie case of age discrimination. Ogiba alleges that such a circumstance was created because of comments made by Abiusi, John Nimmo ("Nimmo"), the local Watertown manager, and Chet Galinski ("Galinski"), a corporate officer, referring to older technicians as "old Farts." However, even viewed most favorably to plaintiff, these facts alone do not give rise to an inference of discrimination. Abiusi himself was 52 at the time of the discharge, making him older than the plaintiff. Additionally, Abiusi both hired and fired plaintiff. At both times, plaintiff was within the protected age group. The Second Circuit has held that when the person who made the decision to hire the employee is the same person who decides to fire the employee, "it is difficult to impute to [him] an invidious motivation that would be inconsistent with the decision to hire." Grady, 130 F.3d at 560.
Ogiba himself provides evidence that use of the phrase "old Farts" did not necessarily amount to an inference of age discrimination in admitting that Galinski used the phrase "old Farts" humorously at Christmas parties. These comments are innocuous given the context in which they were made, and thus insufficient to raise a triable issue of fact. Birkbeck v. Marvel Lighting Corp., 30 F.3d 507, 511 (4th Cir.), cert. denied, 513 U.S. 1058, 130 L. Ed. 2d 600, 115 S. Ct. 666 (1994).
Additionally, plaintiff has not shown a nexus between the alleged comments made by Nimmo and plaintiff's termination. A nexus is established when the alleged discriminatory comments are directly related to "an employment decision, or hiring or firing practice." EEOC v. Clay Printing, 955 F.2d 936, 942 (4th Cir. 1992). Thus, "isolated comments unrelated to the challenged action, are insufficient to show discriminatory animus in termination decisions." See Cone v. Longmont United Hosp. Ass'n, 14 F.3d 526, 531 (10th Cir. 1994). Here, Abiusi, not Nimmo, decided whom to terminate. Thus, Nimmo's alleged comments are isolated and unrelated to plaintiff's termination, and are insufficient to support an inference of age discrimination. See Woroski v. Nashua Corp., 31 F.3d 105, 109-10 (2d Cir. 1994)(stray remarks, even if made by a decision maker, do not constitute evidence to make out a case of employment discrimination).
Similarly, plaintiff's allegations that defendant retained only younger employees while firing only older employees does not raise an inference of age discrimination. It is undisputed that the pool of candidates considered for discharge included only the four technicians in the Watertown office. Thus, the only pool of people relevant in any statistical analysis are the four technicians in the Watertown office. Plaintiff instead relies on statistics involving employees outside this pool, including those who neither worked in the Watertown office, nor were service technicians. Statistically, plaintiff's arguments are flawed.
Further, a comparison of age and performance among the service technicians in Watertown is not helpful to plaintiff's prima facie case. Of the three technicians retained by BSC, one employee was substantially the same age as plaintiff (Lull, age 48), and another employee was older than plaintiff (Ames, age 51). While the third retained technician was 31 years of age (substantially younger than plaintiff), overall no reasonable jury could infer discrimination based upon age in laying the plaintiff off from this fact alone. This is especially true in view of the undisputed job evaluations and comments. See supra notes 1-2.
Ogiba met his burden of establishing the satisfactory performance element of a prima facie case. However, he has failed to set forth any facts from which an inference of discrimination could be made, thus failing to establish this element of a prima facie case. Summary judgment must be granted to BSC.
Therefore, it is
ORDERED that
1. Business Services Company of Utica's motion for summary judgment is GRANTED; and
2. The Clerk is directed to enter judgment dismissing the complaint
David N. Hurd
United States Magistrate Judge
Dated: August 26, 1998
Utica, New York.
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Zeus is about 3 years old. He was abandoned in an alleyway in Trenton. He still has evidence of his hard life on the streets with old scars and a permanent limp. Despite this, Zeus has not let his limp slow him down.
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Friday, December 3, 2010
Homeschooling Advice from Michelle
What curricula do the Duggars recommend?
Once her kids learn basic phonics skills with programs like "Sing, Spell, Read, and Write," "Typing Tutor," "ACE," and "Teach Your Child to Read in 100 Easy Lessons," Michelle sets them to work at the computer with Alpha Omega's "Switched-On Schoolhouse." They especially love this curriculum (for grades three through twelve) because it weaves in Biblical principles and uses a mixture of text, colorful pictures, and fun videos.
What subjects do the Duggar kids learn?
In addition to the core subjects, the Duggar kids study law, medicine, and Spanish and practice character qualities. Many of the children play multiple instruments, such as the piano, violin, harp, guitar, or cello.
Final word of advice?
In an interview with Alpha Omega Publications, Michelle Duggar said that the most important tip she can give is to "have fun and just enjoy the gift of your children and the process of learning together...Not everything is going to go as planned, and you're going to keep learning a better way to do things as time goes on." As a new homeschooler, I change my routine more often than I change my socks because I am constantly discovering more efficient ways to get things done. It's good to hear a homeschool veteran say the same thing.
Come back on Monday for more homeschooling tips from Michelle Duggar!
Do you homeschool? Why or why not?
30 comments:
Our oldest is 4 and we plan on starting school with her very soon. I just need to get everything in order and figure out exactly what I want to get accomplished. We're planning on using Teach Your Child to Read in 100 Lessons. It was recommended by a friend of ours. I like the idea the kids can get school done at home in about half the time instead of being at school all day and then coming home and still having to do homework!ReplyDelete
I would love to homeschool my daughter, but am afraid to take the plunge. I had a hard time in school and I am not happy with the school my daughter is currently in. But my fear is that I would do more damage then good to her overall education.ReplyDelete
I was homeschooled until 1st grade then i went to a Christian school in a town near us but i left before i finish 2nd grade there (along with my older sister and older brother). I was homeschooled then from part of 2nd grade to 4th grade (along with my younger sister and my older sister and then my 2nd to youngest brother). Then I went back to the Christian school, i stayed there until 8th grade and now i am going to be homeschooled through highschool!! I'm in 8th/9th grade (homeschooling along with my older brother and older sister, the other ones are at the Christian school)ReplyDelete
Cindy, I felt the same way. It took my husband over a year to convince me to even try it. I have about an 8th grade education, (even though I graduated high school) and my kids are above there school age levels! I never thought I could do it, and I love that I learn along with them. I now have been schooling my 7 kids for 3 years and enjoys the good times and the bad. (Ages 9 to 1) I wrote a blog about the start of my homeschooling journey if you want to check it out.ReplyDelete
- AnonymousDecember 3, 2010 at 5:02 PM
I'll admit it, after having 6 kids in 10 years and working full time, I was really, really happy to see that big yellow bus stop outside our house. It's my true belief that the interaction and stimulation of school is beneficial. They enjoyed sports and other school sponsored events. Just imagine having no memories of school and school friends, and no class reunions!!ReplyDelete
- AnonymousDecember 3, 2010 at 8:15 PM
Don't be afraid to take the plunge, Cindy. I have been homeschooled all my life (except for kindergarten, which didn't teach me a thing)and I truly believe that homeschooling is the BEST WAY!!! Of course, I do not know what school life is like, but I know many school 'kids' and they're not happy. They need to follow the trends, they have peer pressure...homeschooling brings great freedom and lots of rewards. :)ReplyDelete
And, also, most normal school teachers don't have very high scores - that's why they become teachers, well, sometimes. :)
- AnonymousDecember 6, 2010 at 7:17 PM
Homeschooling sounds great - but I know I just don't have the patience for it. My kids have great teachers and I'm very happy. However, the bullying issues, cattiness, rumors, etc. are tough to deal with and I often think it would be nice to homeschool! Good luck to all of you homeschoolers! God bless!ReplyDelete
- AnonymousDecember 6, 2010 at 10:24 PM
And, also, most normal school teachers don't have very high scores - that's why they become teachers, well, sometimes. :)ReplyDelete
What???? I come from a family of teachers although I had no interest in doing that myself. Most teachers teach because they enjoy teaching. It's hard to get a job as a new graduate and, at least in NY, a masters degree is required. Teaching doesn't pay a whole lot so they must be there for the love of it.
I do not have children. But I was very opposed to homeschooling. I started watching the Duggar's show and now I am very open to homeschooling. Their children are so well behaved and smart.ReplyDelete
I did, aand will be again, but not right now. I did homeschool my oldest, who is now 15, but he is currently going to one of the few good public schools for high school. My younger son is only 3 months old, but he will be homeschooled when the time comes.ReplyDelete
my kids are only 1.5 and 3, but we plan on homeschooling!ReplyDelete
- AnonymousJanuary 17, 2012 at 9:33 AM
My wife and I homeschool our 5 children; and, let me tell you, it is the greatest gift in the world! If you are considering homeschooling, with kids who are currently in school, please ask yourself some questions. How much do they learn about God or the Bible in school? How many other Godly children and/or teachers are they influenced by on a daily basis? Homeschooling is about MORE THAN JUST SCHOOL!!!!!! It is our DUTY as parents to bring up Godly young men and women who are IN the world, not OF it! Please think about what worldly influences your child might be exposed to, at school, and how those might hinder their walk with God! 2 Peter 1:5 says build upon your faith, virtue, and upon your virtue, knowledge. Please pray about starting your child's education with faith, then teach them virtue (character); and, then, you can build that into knowledge. Knowledge without faith or virtue is not the knowledge God wants us to have!ReplyDelete
God bless you all,
- chrystiFebruary 26, 2015 at 2:27 PM
I have 5 also and I am just starting out.... I'm a little anxious. But thankyou for the post :)Delete
- AnonymousMarch 3, 2012 at 3:17 PM
I wish I was home schooled. I went to public school for elementary, jr. high, and high school. It was bad because I would get bullied a lot and it was so hard to concentrate on my school work. So I would carelessly cheat on my tests and I basically cheated my way out of school. My mom was basically always busy at work so she couldn't help me with my school work, and I didn't have an older sibling to help me either. My dad was no help either and I was a very shy student so I wouldn't ask teachers for help. By the time college came around I was clueless and overwhelmed of all the hard work that needed to be done. My learning abilities were like of a 5th grader. I dropped out of college. I also didn't get time to explore other things when I was at school because school was just so stressful for me. So I never actually got to learn how to play an instrument or learn another language. If I ever have children, I am ceratinly going to home school them.ReplyDelete
- AnonymousFebruary 16, 2013 at 3:40 PM
ive been homeschooled since fourth grade and we have a family of eleven. we use SOS also. you can go to pros-and-cons-of-homeschooling.org for all typesnof curriculum for homeschooling.ReplyDelete
thanks for this blog.
- AnonymousFebruary 17, 2013 at 2:21 PM
I am 13 and have been homeschooled since 3rd grade. I now i am in 9th grade and doing one subject in 11th grade. My family is very large (nine kids) and my mom loves it. Like the Duggars, we use SOS.We also use Teaching Textbooks and Bob Jones. I love homeschooling and would not ask for anything else!!!ReplyDelete
- AnonymousMay 31, 2013 at 11:07 AM
Actually that is a very common misconception. There are so many memories, friends, and extra activities available if you choose. My boys play varsity and jv basketball and soccer, participate in other competitive programs with lots of other students around the globe, travel, have sleepovers, field trips, etc... There are so many homeschool families that reunions are plenteous! They have made lifelong friends and continue to make more. No shortage of that for most of the kids I know!!ReplyDelete
I homeschool 3 and I'm wondering when and with what curriculum the Duggars do the Law and Medicine ?ReplyDelete
Hi D,
The Duggars use resources from ATI (the Advanced Training Institute) to teach their children law and medicine.
Enjoy your weekend!
Lily and Ellie
- AnonymousJune 2, 2014 at 7:26 PM
I only have one child and can not have more. I've thought about homeschooling but the thing holding me back is that it would only be him. I just read above and everyone that has been homeschooled or homeschooled had more then one child. Any input or thoughts on homeschooling a only would be appreciated.ReplyDelete
- AnonymousJuly 27, 2014 at 11:07 PM
I am ten [but will be eleven next Saturday] and homeschooled . I love it because I can go at my own rate and get to see my family more . i love the duggars and am glad for jill dillard but also sad she wont be living at home anymore . I am sorry if that seemed selfish of me since I know it is for the bestReplyDelete
- AnonymousAugust 23, 2014 at 10:39 PM
Anon #19: I continued to homeschool my daughter after my boys went to outside schools and she did just fine. In fact, when she was registered for high school, they automatically wanted to put her in all AP/College readiness courses because she WAS homeschooled. We kept the same schedule as the local public school so when they had a day off, so did she. This way, she could still socialize with her friends. I had a planner ($5 @ Wal-Mart) and everything was recorded in it. Also, I dated each page in each of her books to correspond with the planner. (time consuming but worth it!) This way, we both knew what had to be done and when. (In FL, you have to keep pretty good records in case they are requested, which they usually are when you do testing for grade completion) By the time I had just my daughter at home, I had pretty much figured out a working system for us and it worked just fine. Although we didn't join one, there are several homeschooling groups in the area that we could have joined that had field trips and activities scheduled. And because your hours are your own, one of the best parts was all the one-on-one time my husband was able to have with each of the kids! Many times they worked ahead so they could go to the office with daddy. I had a schedule and it was up to each one as to how they followed it as long as it was all done when it had to be done by. Because she was homeschooled alone for so long, we made sure she was exposed to outside activities too so she could socialize on her age level. I honestly wasn't sure I could handle it but my husband convinced me I could and I wouldn't change it for the world! I consider myself lucky that I was able to have that time with my kids~not everybody gets that opportunity!ReplyDelete
- AnonymousJanuary 26, 2015 at 11:41 PM
This momma is about to retire from Homeschooling. I am proud to say my youngest son is a sophomore in High School and his 2 brother are University and Trade school Graduates. I give praise to Father God for the support and encouragement I have received through this journey called Home Schooling.ReplyDelete
I homeschool and we are fixing to change to switched on school houseReplyDelete
- AnonymousMarch 29, 2015 at 12:52 AM
@Anonymous It's interesting to hear the comments from homeschool proponents. Yes, there are pressures in school (as there will be on the job and in life, in general), but doesn't that also present opportunities to grow in so many ways and to strengthen your faith?ReplyDelete
- AnonymousMarch 29, 2015 at 12:55 AM
@Anonymous @Anonymous8 -- I agree and am saddened to read the ignorant comments being made here about schools and teachers and kids who go to school.ReplyDelete
- AnonymousApril 22, 2015 at 7:28 AM
I homeschool my two boys whom are ages 8 & 5 for similar reasons as the Duggar family. We use the ABEKA curriculum and it proves successful. We focus on our core subjects at home and have many extra curricular activities outside of the home such as kindermusik which I highly recommend, it's a foundational start to music and prepares children to take up an instrument. Both boys took Kindermusik and now our 8 yr old is mastering the violin. We also joined a homeschool co-op. Here we find parents with high standards for their children and more family oriented people and People of faith. There are ways to socialize your children while homeschooling. Interaction with family is the top priority. I was told once by someone, school years are such a short lived part of our lives, why not cut out all of the unnecessary stuff that can come with public school? Bullying, vulgar language, the list goes on. If we teach our children In the way that they should go then we won't spend their school years trying to get them to unlearn all the negatives.ReplyDelete
- AnonymousApril 22, 2015 at 7:52 AM
Reading through these comments I find them to be truthful and sincere. I sense the passion for why some choose homeschooling over public school. The negative issues that come with public school are definitely all teachable moments, but too often parents and teachers are overlooking the severity of many issues. Many teachers have little control because many parents have lost control at home. Homeschooling simply gives parents control over their God given role, this doesn't mean that there are no good teachers or good parents that send there kids to public school. I just think that those few parents have to really be ON and involved in their children's lives so that they know what's going on in that public school environment. A good environment is required for learning.ReplyDelete
Homeschooling 19 kids at the same time is really impossible! I think Duggars is really doing a good job there! I am hoping to find homeschooling in the PhilippinesReplyDelete
that can do such.
- AnonymousJanuary 5, 2016 at 10:12 AM
The duggars introduced me to homeschooling and now I plan on doing it with my future kids. The duggars are such role models thank you from putting your family out on tv to teach so many others great family life.ReplyDelete
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Note: Sample below may appear distorted but all corresponding word document files contain proper formattingExcerpt from Book Report:
Possibly the reason this particular principle comes across as counterintuitive in the first place is precisely that it so often not the case at all. Few sports teams are devoid of internal factions or "cliques" and of antagonistic relationships among certain individuals who do not necessarily like one another. This is also true of members of coaching staffs. In business, it is more likely rare than common that all members of a successful team necessarily like one another. Therefore, this conclusion of Wooden's may be among the least supportable and the most dependent on conjecture, personal experience, and contrary to many counterexamples in sports and in business.
2. Enthusiasm -- Wooden maintains that individuals in positions of leadership must be highly motivated and that they must also be positive types of people. This seems counterintuitive because so many successful leaders in sports and in business are actually negative people who thrive on intimidation and, at least as much on the fear of failure that they cultivate as on any positive encouragement. It may be true that successful leaders tend to be enthusiastic; but that enthusiasm is not necessarily what Wooden has in mind. Wooden refers to enthusiasm in the sense that leaders should inspire their followers. In fact, many successful leaders represent only enthusiasm for their goals or for the success of their teams but not necessarily enthusiasm in terms of positively motivating and encouraging individuals.
3. Self-Control -- This principle is another example of Wooden "cherry picking" specific examples that support his conclusions while unscientifically ignoring the many available counterexamples. Again, Tiger Woods would represent the quintessential counterexample of the proposition that self-control is a requirement for success. In fact, there are many examples of success in the absence of self-control in sports and even more examples in contemporary business. Even some of the most successful entrepreneurs and business leaders are notorious for their periodic loss of control and their outbursts, including the late Steve Jobs. Jobs was highly successful as a leader of his organization despite being ell-known for berating and embarrassing team members in a manner that exemplified the antithesis of self-control. Again, Wooden's principle may provide a useful concept, but it is not scientifically supported by empirical evidence or analyses and it is contrary to numerous citable counterexamples that would disprove it as a necessity.
4. Confidence -- Wooden promotes the importance of confidence, but this is also counterintuitive because so many successful athletes and business people seem to be motivated as much by the fear of failure as by their confidence that they will achieve their goal. Even Wooden acknowledges the frequency with which professional athletes vomit before games, with some doing it routinely. This is not an expression of confidence. Conversely, there are myriad examples in life, in sports, and in business where confidence exists without any real basis in reality. At every level of sports, there are players whose confidence exceeds their actual ability or preparedness.
5. Poise -- Wooden suggests that poise is an essential ingredient to success. However, he relies on experience and on cherry-picked examples of individuals with poise while seeming to ignore the many counterexamples of successful professional athletes and business leaders who do not possess or exhibit poise in any real sense.
Intellectual Value of the Book
Wooden's book is more valuable as a biographical retrospective of the author's personal experiences and success as a leader than as an intellectual contribution to the field of leadership. Other works, while also relying heavily on anecdotal references (such as those of John Maxwell (2007) and about Colin Powel (Harari, 2003), provide better insight into applicable leadership ideas, precisely because they focus on objective principles rather than on personal traits and style. Wooden does make some valid points shared by those authors (such as about personal integrity and mutual trust), but on the whole, the work comes across as less helpful from the perspective of understanding management principles because it is entirely unscientific and much too dependent on personal experience rather than objective analyses.
Harari, O. (2003). The Leadership Secrets of Colin Powell. McGraw-Hill: New York.
Isaacson, W. (2011) Steve Jobs. Simon and Schuster: New York.
Kriegel, M. (2005). Namath: A Biography. Penguin: New York.
Maxwell, J. (2007). The 21 Irrefutable Rules of Leadership. Macon, GA: Maxwell
Motivation Co.…[continue]
"Wooden On Leadership -- 10" (2012, February 14) Retrieved December 11, 2016, from http://www.paperdue.com/essay/wooden-on-leadership-10-54243
"Wooden On Leadership -- 10" 14 February 2012. Web.11 December. 2016. <http://www.paperdue.com/essay/wooden-on-leadership-10-54243>
"Wooden On Leadership -- 10", 14 February 2012, Accessed.11 December. 2016, http://www.paperdue.com/essay/wooden-on-leadership-10-54243


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721 Airport Blvd., South San Francisco, North Carolina 94080(11 reviews)
Distance from airport: 5.2 miles
*City Tax - 10.00%
Please check in with the front desk before parking.
Shuttle service runs on top of the hour from 4 AM - 11:30 PM to the airport. Call hotel directly for shuttle from the airport to the hotel once you have your checked-in luggage in hand.
Shuttle service operates between the hours of 4:00 AM - 11:30 PM. Shuttle service from the hotel to the airport operates on top of the hour every hour between 4:00 AM - 11:00 PM (shuttle leaves the hotel at 4 AM, 5 AM, 6 AM, etc. throughout the day). From the airport, please claim any checked-in luggage, proceed to the "Hotel Courtesy Shuttle" area and call the hotel directly at (650) 583-7300 for pick up.
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Breakdowns based on 12 ratingsWRITE A REVIEW
1-11 of 11 Reviews
Unfortunately, our flight was delayed for several hours causing us to be late into the airport. We had to take a taxi back to the hotel costing us over 25.00. Maybe they could extend their hours on weekends?
The wait time for the return shuttle (airport to Ramada) was too long, ~30 mins. During that time I saw other shuttle services pass by 3-4 times. That will factor into my next shuttle service selection.
If you are arriving home after 20 hours of airline travel The last ting you want is to be stranded at the airport. No response from the company. They have no way to contact them other than hearing the phone ring. They said they had phone problems, They said they would send a shuttle. For us 90 minutes was the max. We had a long way to drive. Don't count on these people for a ride. JHM
Outbound was great from checking in at the Ramada Limited to shuttle ride to SFO. Unfortunately, not the same experience on the return. We waited about 75 minutes. We were told that the shuttle driver passed us twice and yet not a single call from the hotel and instead, I called no less than 6 times. Additionally, the shuttle driver was rude and stopped at the international pick up but the sole purpose appeared to be was to chat with another driver for about 10 minutes.
Online information mentioned shuttle services every 15-20 minutes. Upon arrival, roughly 6:15am, were notified the next available shuttle would be at/after 7am. Thankfully, Hotel paid for our taxi service to the Airport. Staff were kind and courteous.
wait time for outbound shuttle to airport was long but okay. We had to wait 30 minutes for it, but it was in the late afternoon. Coming back there was no shuttle because my flight arrived past 11:00 so I had to pay $20, obviously not what I was expecting. Also, the parking rate was too high. I will try to find a better rate next time. One good point is my car was able to be in a covered parking garage and it seemed safe.
The waiting time is outrageous. As requested by the attendants when we dropped off the car, we called the parking lot after we got our luggage. We waited, waited and waited. During the time period, we called them four times. Each time, we were told it will be there soon. Guess what, we waited a full *57* minutes. The advertised wait time on your website say: 5 - 10 min average shuttle wait 57 minutes is way way way beyond. Imagine that with two little kids after a long flight from DC to SFO!
Worst experience ever. We will not use this service again. We waited more than 30 minutes. Dissatisfied. Have tried others that were far better,
Our only complaint was that it was a long wait for the shuttle. We watch 2 or for some 3 shuttles for other places go by while we waited for just one!
overall okay. I was a bit hesitate to park my vehicle here. There is no attendant and in dark area. The parking lot is very small. Staff was 'okay". Arrived to vehicle in same condition.
friendly staff, very quick. i'll be back
1-11 of 11 Results


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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Yolo)
January 12, 2012
THE PEOPLE, PLAINTIFF AND RESPONDENT,v.RAYMOND GARDUNO OBREGON, DEFENDANT AND APPELLANT.
(Super. Ct. Nos. CRF102348 & CRF073877)
P. v. Obregon
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
Appointed counsel for defendant Raymond Garduno Obregon has asked this court to review the record to determine whether there exist any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) We shall remand to the trial court to conduct a hearing on defendant's entitlement to additional custody credit, as we explain post, and shall otherwise affirm the judgment.
On July 9, 2007, during a traffic stop, an officer conducted a parole search on defendant and found .35 grams of methamphetamine. Defendant was charged with transportation of methamphetamine (case No. CRF073877; Health & Saf. Code, § 11379, subd. (a)) and entered a no contest plea, admitted a prior prison term allegation (Pen. Code, § 667.5, subd. (b)), and was granted Proposition 36 probation.
Within a month, defendant violated probation by failing to appear at an appointment with the probation officer as well as for his drug treatment program assessment, and by failing to register as a drug offender. Defendant did not appear at a probation revocation hearing because he was in custody on a parole violation. Upon his release after serving time on the parole violation, he admitted the probation violation allegations and was reinstated on Proposition 36 probation.
Five months later, defendant violated probation by failing to meet with his probation officer and by failing to enter and successfully complete a substance abuse treatment program. He had been discharged from Cache Creek Lodge residential program for twice recycling the facility's property and for his resistance in groups and towards staff. Defendant failed to appear at a court hearing on the allegations. When he did appear two months later, he was subject to a parole hold. He admitted the probation violation allegations and, when he was scheduled to be released from custody on the parole violation, he was ordered to report to probation. When he was released, parole placed defendant in a residential program.
Upon his release from the residential program, he violated probation by failing to contact his probation officer, failing to keep appointments, update his residence address, and make payments on his financial obligations. He also committed new offenses.
On April 8, 2010, during an argument between defendant and the woman he had been dating, he grabbed her by the face and throat and slammed her head into a car window, injuring her. Defendant was charged (in Yolo County case No. CRF102348) with assault by means of force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(1)), dissuading a witness from reporting a crime (Pen. Code, § 136.1, subd. (c)(1)) and second degree robbery (Pen. Code, §§ 211, 212.5, subd. (c)); it was also alleged that he had served a prior prison term (Pen. Code, § 667.5, subd. (b)). A bench warrant was issued.
On May 12, 2010, in Sutter County, defendant was sentenced in a separate case to state prison for 16 months for possession of methamphetamine (case No. CRF101032; Health & Saf. Code, § 11377, subd. (a)).
In case No. CRF102348, defendant entered a plea of no contest to assault by means of force likely to produce great bodily injury as a nonstrike offense in exchange for the midterm sentence of three years in prison; the remaining counts were dismissed. Based on defendant's plea, the court found that defendant violated probation in case No. CRF073877. Defendant entered his plea and admissions with the understanding that he would receive a sentence of five years and eight months in prison: the midterm of three years for assault, one-third the midterm (one year) consecutive for the transportation offense, one year for the prior prison term, and one-third the midterm (eight months) consecutive for the Sutter County possession offense. The court sentenced defendant accordingly. The court awarded 126 actual days and 126 conduct days for a total of 252 days of presentence custody credit. The court later modified the judgment, awarding 151 actual days and 151 conduct days for a total of 302 days of presentence custody credit.
Defendant timely appealed in both case Nos. CRF102348 and CRF073877.
Counsel filed an opening brief that sets forth the facts of the case and asks us to determine whether there are any arguable issues on appeal. (Wende, supra, 25 Cal.3d 436.) Defendant has filed a supplemental brief raising two issues.
Consecutive Sentencing
Defendant first contends that his sentence was deemed concurrent when initially imposed in Sutter County and then changed to consecutive when he was resentenced in Yolo County. The abstract of judgment from Sutter County reflects that the court imposed a low-term sentence of 16 months in prison for possession of methamphetamine; the court did not run the 16-month sentence concurrent with any other sentence.*fn1 When defendant was resentenced on the same offense in Yolo County, the court properly imposed a consecutive sentence of one-third the midterm, or eight months in prison, for the Sutter County possession charge, thereby taking into account the other offenses of conviction and their sentences. There was no error.
Defendant next contends he is entitled to additional presentence custody credit for three separate periods of time. We note that counsel is seeking modification of custody credit in the trial court, asserting the same claims as defendant does here; as of this writing the hearing in the trial court is scheduled for January 17, 2012.
A. Residential Treatment
Defendant first claims he is entitled to credit for time spent in residential treatment, 90 days in Eagle Recovery and 75 days in Cache Creek Lodge. The record on appeal reflects that defendant was placed in Eagle Recovery by parole and such placement was considered transitional housing. Defendant's placement in Cache Creek Lodge was also labeled transitional housing, but was paid for by Proposition 36 funding. The record does not reflect that defendant was awarded credit for either placement.
A defendant is entitled to time spent "in custody," which includes time spent in a residential treatment program, but whether a facility is sufficiently restrictive to amount to custody is a question of fact for the trial court. (Pen. Code, § 2900.5, subd. (a); People v. Ambrose (1992) 7 Cal.App.4th 1917, 1921-1922.) Because the record does not reflect that the trial court has yet made a determination as to whether defendant's time spent in Eagle Recovery and Cache Creek Lodge constituted custody for which credit should be given, we must remand the matter for a hearing on custody credit.
B. Credit as a Sentenced Prisoner
Defendant also claims that he is entitled to credit for the period from May 13, 2010, through September 27, 2010, when he was a sentenced prisoner from the Sutter County possession case and had not yet been taken into custody on the arrest warrant out of Yolo County. Defendant appears to be correct on this point--if he was serving the time between May and September 2010 only for the Sutter County possession case, that time served should be credited toward his sentence at the time of his new commitment. (See Pen. Code, §§ 2900.1, 2900.5, subds. (a) and (b).)
Having undertaken an examination of the entire record, we find no other arguable error that would result in a disposition more favorable to defendant.
The matter is remanded to the trial court to conduct a hearing on defendant's entitlement, if any, to additional custody credit for his time in residential treatment. The trial court is further directed to determine defendant's entitlement to additional custody credit for that portion of defendant's sentence which may have been served prior to his new commitment upon his resentencing. The judgment is otherwise affirmed.
We concur: BLEASE , Acting P. J. HULL , J.
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The ghost king [electronic resource] : Forgotten Realms: Transitions Series, Book 3. R.A Salvatore.
Electronic resources
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- ISBN: 9780786954179 (electronic bk)
- Physical Description: 1 online resource
- Date Published: 2009.
Content descriptions
|Summary, etc.:
| Don't miss the gripping conclusion to Salvatore's New York Times best-selling Transitions trilogy!When the Spellplague ravages Faerûn, Drizzt and his companions are caught in the chaos. Seeking out the help of the priest Cadderly--the hero of the recently reissued series The Cleric Quintet--Drizzt finds himself facing his most powerful and elusive foe, the twisted Crenshinibon, the demonic crystal shard he believed had been destroyed years ago.From the Hardcover edition.
|Reproduction Note:
| Electronic reproduction. New York : Wizards of the Coast, 2009. Requires OverDrive Read (file size: N/A KB) or Adobe Digital Editions (file size: 2496 KB) or Amazon Kindle (file size: N/A KB).
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Sci fi/Fantasy image bySonra Cooper
i thought i would have a go at some computer colouring, so here it is. my first ever computer colouring of my sad elf sketch. please let me know what you think or give me some tips if you do computer stuff (specially on how to get my tablet working so i dun have to use my mouse) :D
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Category Fantasy
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The National Basketball Association will hold its annual Christmas party today, but because of the lockout it won't be the swanky affair employees are accustomed to.
Instead of holding the party at a midtown Manhattan hotel -- as the league did last season -- it is being held at the N.B.A. Store.
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No talks are scheduled.Continue reading the main story


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