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June 30, 2000
Janice and Robert Davidson move on behalf of themselves and various trusts as trustees *fn1 to clarify the definition of the In re Cendant Securities Litigation class (the "CalPERS class") or, in the alternative, to extend their time to request exclusion from the class ("opt out") pursuant to Federal Rule of Civil Procedure 6(b). Cendant Corporation ("Cendant") cross-moves to enforce this Court's March 29, 2000 Injunction against continued prosecution by the Davidsons of their arbitration proceeding against Cendant. For the reasons below, the class is defined to include the Davidsons' interests and Cendant's motion is granted.
CUC International, Inc. ("CUC") acquired by merger Davidson & Assoc. ("DAI"), a company largely owned by Janice and Robert Davidson, in July 1996. The Davidsons (including various trusts) received CUC stock which was subject to certain resale restrictions in connection with the acquisition. The Davidsons became directors of CUC and officers and directors of CUC's DAI subsidiary. In January 1997, CUC dismissed the Davidsons from their positions as corporate officers. Then in May 1997, CUC and the Davidsons entered into a Settlement Agreement to resolve pending employment disputes related to the dismissal; as part of the consideration the Davidsons received stock options with a strike price equal to the price of CUC stock on April 17, 1997. They also resigned from the CUC board. In December of that year, CUC merged with HFS to form Cendant Corporation.
On April 15, 1998, Cendant announced that it had uncovered accounting irregularities in the financial reports of CUC. The present class action was initiated April 16, 1998 (the "CalPERS action"). At the end of 1998, the Davidsons demanded arbitration to recover damages or to rescind the 1997 Settlement Agreement and the 1996 sale, charging that the CUC stock received by them was improperly valued. In response, Cendant filed an action for declaratory and injunctive relief in the Central District of California alleging that the Davidsons' claims were not arbitrable because barred by the 1997 Settlement Agreement. The district court rejected the argument and Cendant appealed to the Ninth Circuit (appeal sub judice). The parties have agreed to stay arbitration except for ongoing discovery until the appeal is resolved. The Davidsons also filed a "protective" complaint in the Central District of California to preserve their right to litigate if the Ninth Circuit bars arbitration. The Judicial Panel on Multi-District Litigation ("MDL") transferred that action to this Court for pre-trial purposes.
On August 6, 1999, this Court approved notices for potential class members in the pending CalPERS class action. See Order Concerning Notice of Pendency of Class Action. Those notices were published in The Wall Street Journal, The New York Times (National edition) and on the Dow Jones Business Newswire. The notice defined the CalPERS class as "all persons and entities who purchased or otherwise acquired publicly traded securities (other than PRIDES) of either (i) Cendant Corporation ("Cendant") or (ii) CUC, International, Inc. ("CUC") during the period beginning May 31, 1995, through and including August 28, 1998, and who were injured thereby." See Notice of Pendency of Class Action (Oct. 8, 1999) ("class notice") at ¶ 1. Excluded from the Cendant Class are: "(i) defendants; (ii) members of the family of each individual defendant; (iii) any entity in which any defendant has a controlling interest; (iv) officers and directors of Cendant and its subsidiaries and affiliates; (v) the legal representatives, heirs, successors, or assigns of any such excluded party." See Class Notice at ¶ 6. The notices directed those who wished to be excluded from the class to send such requests not later than December 27, 1999.
In October 1999, class notices were mailed using the "addresses of all known potential Class members from databases maintained by CUC and Cendant in the ordinary course of business." CD Brf. at 8. According to Cendant, it mailed at least ten class notices to the Davidsons and the trusts at three separate addresses (two in Palos Verdes, CA; one in Torrance, CA). Those addresses corresponded with the stock transfer records maintained by Cendant and CUC. The United States Postal Service did not return the Torrance notices but did return the Palos Verdes notices. Although the claim administrator searched for any new addresses on file with the postal service, no new information was listed.
The Davidsons assert they never received the class notices. Cendant maintains that these California addresses are the ones of record for these shareholders and are also the addresses to which it sent the 1999 and 2000 Cendant proxy statements. Plaintiffs counter that Cendant "should have known" of a new Nevada address and add "[w]e began receiving Cendant shareholder information at that [Nevada] address prior to August 1999." Dav. Aff. at ¶ 12.
Three weeks before the opt-out deadline on December 7, 1999, Cendant and Lead Counsel announced a proposed settlement of the CalPERS action. This announcement received extensive press coverage. In February 2000, while negotiating a stipulation to continue pre-hearing dates established in the stayed California arbitration, Cendant's counsel declared that the Davidsons failed to opt out of the CalPERS class. Furthermore, any recovery for stock claims in the California arbitration would be limited to amounts the Davidsons and trusts received in the proposed CalPERS settlement.
The next month, this Court preliminarily approved the proposed settlement. Its Order provided that "[p]rosecution by any Class member of any action or claim that is subject to the release and dismissal contemplated by the Cendant settlement or the E&Y settlement is hereby enjoined." Hearing Order at 2 (Mar. 29, 2000).
Motion, Cross-Motion and Arguments
Plaintiffs move either (1) to clarify the order certifying the CalPERS class to exclude their interests or (2) to extend their time to opt out of the class under Federal Rule of Civil Procedure 6(b) (excusable neglect). They assert they are not members of the Cendant Class because (1) the shares are not "publicly traded" as defined by the class notice because they were acquired as unregistered shares in a merger transaction and (2) as former officers and directors of CUC, they were excluded from class membership. The latter argument is based on the contention that "the apparent intent [of those defining the class] was to exclude from the Class all named defendants, as well as persons who might be defendants." Dav. Brf. at 15. Plaintiffs add that even if they are Class members, this Court cannot dispose of their claims because those claims are the subject of ongoing arbitration. They further maintain that the time to opt out should be extended for "excusable neglect," since they never received class notice, did not believe themselves Cendant class members and Cendant did not take the position they were members until February 2000.
Cendant objects and cross-moves to enforce this Court's March 29, 2000 Order which set hearing dates for the proposed CalPERS settlement and enjoined prosecution "by any Class Member of any action or claim that is subject to the release and dismissal contemplated by" the settlement. Ord. at 2. Cendant argues that the Davidsons' continued prosecution of their arbitration violates this injunction.
Cendant asserts that plaintiffs are class members because the CUC stock acquired by plaintiffs is "publicly traded." They explain, "[t]his is best demonstrated by the fact . . . that, once CUC issued a registration statement covering these shares [received in the July 1996 sale of DAI], in October 1996, the Davidsons and the Trusts sold over 20 million of their approximately 32 million CUC common shares within a month and proceeded to sell another 6.6 million shares over the course of the next fourteen months, all through trades in the public markets and all during the class period." CD Brf. at 16; Greenberg Decl. Ex. C. Cendant avers that all parties considered restricted stock acquired through sale/merger of subsidiaries "publicly traded" because the Plan of Allocation for the CalPERS settlement specifically contemplates payments to Class Members who, like the Davidsons, acquired restricted CUC stock through stock exchanges. The Plan of Allocation specifically includes the DAI merger as an example of a covered transaction. Greenberg Decl. Ex. L.
Also, according to defendant, the Davidsons, as former CUC directors, do not fall within the class exclusion for Cendant directors; Cendant did not exist any time during the Davidsons' tenure. Cendant formed seven months after the Davidsons left CUC. Cendant emphasizes that the class notice includes those who acquired publicly traded stock "either of Cendant Corporation or of CUC International, Inc." in the class yet only excludes Cendant directors and officers from the class.
Cendant adds that plaintiffs, represented by experienced counsel, are not entitled to an extension of time to opt out because notices were sent to the correct addresses of record. Further, the class notice was published in major newspapers, and the settlement received extensive press coverage.
Finally, Cendant states that this Court has the power under the All Writs Act, 28 U.S.C. § 1651(a) and the Anti-Injunction Act, 28 U.S.C. § 2283, to enjoin arbitration activity by class members. Federal courts may issue injunctions "where necessary in aid of jurisdiction." Cendant quotes In re PaineWebber Ltd. Partnership Litig., No. 94-8547, 1996 WL 374162, at *3 (S.D.N.Y. July 1, 1996): "`where a federal court is on the verge of settling a complex matter, and state court proceedings may undermine its ability to achieve that objective,' the situation is sufficiently analogous to an in rem action that a stay of parallel state court proceedings is appropriate."
CalPERS Lead Counsel join the discussion and represent that the CUC shares acquired in the DAI sale/merger are "publicly traded," but as former CUC directors the Davidsons are excluded from the class. *fn2 They base their argument on the structure of the CUC/HFS merger where CUC was the surviving company renamed Cendant. Lead Counsel also declares that they "did not prosecute this action to protect the interests of Cendant's officers and directors, whether they served before or after the CUC/HFS merger." LC Brf. at 6. Defendant Ernst & Young agrees with the contention that Lead Counsel and Cendant intended former CUC officers to be eligible as class members but recommends that the CUC/Cendant distinction not extend to other actions. See Letter at 2 ("Accordingly, E&Y respectfully submits that any findings on class definition that pertain to the negotiated definition of `Cendant' are limited to the definition of that term as negotiated in settlement between Cendant and Lead Counsel.").
In reply, the Davidsons define the term "publicly traded" as shares (1) acquired by trades in the public market or (2) publicly tradeable (in the market) when acquired because they were issued pursuant to a registration statement. They say that "[t]he common stock that the Davidson Interests continue to hold was not registered when acquired, is not registered now, and has never been registered." Dav. Reply Brf. at 12. Moreover, because the stock was not acquired through a registered public offering, plaintiffs are barred from pursuing any Section 11 claims against Cendant--a major claim of the class. Additionally, Lead Counsel, in the amended class action complaint, purport to represent those who acquired stock via the HFS/CUC Registration and Joint Proxy Statement and those who "purchased CUC and Cendant publicly traded securities on the open market." Compl. ¶ 27. The Davidsons did neither.
In conclusion, by use of "publicly-traded" to describe "common stock" in the class definition, the parties allegedly excluded those who held non-registered, non-publicly acquired common stock. The plaintiffs argue that Cendant cannot now rely on the description of common stock holders in the plan of allocation, created long after the class was defined and during the pendency of the Davidson's arbitration.
And the Davidsons raise the shield of "a federal court judgment . . . requiring arbitration of the Davidson Interests' claims." "That judicial determination means that this Court is precluded by the Arbitration Act from addressing the merits" of the Davidsons' claims. Dav. Reply Brf. at 19. They seek res judicata effect from the Central District of California's ruling (made before the opt-out deadline) which dismissed Cendant's motion to enjoin arbitration and declared the Davidsons' claims arbitrable. Thus, according to plaintiffs, Cendant "is precluded from bringing this collateral attack" on the California court's judgment.
To Cendant's assertion that as former CUC officers they are not excluded from the settling class, the Davidsons answer "Cendant relies on a distinction without a difference." "Despite the change of name from Cendant to CUC, the underlying entity remained the same." See Cendant's Form 8-K and appended press release describing merger of HFS into CUC.
Cendant responds: "Every share of CUC common stock issued in connection with the DAI merger . . . was covered by a Form S-4 Registration Statement filed with the [SEC] by CUC on June 21, 1996." Greenberg Reply Decl. Ex. A (Form S-4). According to the company, any restriction on the Davidsons' ability to resell these shares occurred because they were deemed "affiliates" of CUC due to their large holdings and manner of acquisition. See, e.g., 17 C.F.R. § 230.145(d) ("Rule 145"); see also § 230.144. The Rule 145 restriction, however, could be avoided if the shares were sold pursuant to a later registration statement. Consequently, DAI and CUC permitted the Davidsons to "demand that these [merger] shares be made subject to a subsequent registration statement immediately after the DAI merger, or to `piggyback' their shares onto a subsequent registration statement." Greenberg Reply Decl. Ex. B ("Affiliate Agreement"). The Davidsons eventually sold many of these shares on the public market pursuant to the terms of the Affiliate Agreement.
Cendant challenges the Davidsons' assertion that the class does not adequately represent them. Cendant asserts that the Davidsons possess Section 11 claims because the shares were registered under a Form S-4. Also, the Davidsons are pursuing Section 11 claims against Cendant in their pending arbitration. Even if no Section 11 claim exists, however, there are other class members who cannot pursue such claims--"an enormous percentage of the Class consists of those whose only claims arise under Section 10(b)." Cendant further argues that the Davidsons selectively quote the amended class action complaint and omit the paragraph which avers that some claims against Cendant are based on its issuance of hundreds of millions of shares at inflated prices to acquire other companies. Compl. ¶ 38. Additionally, the defendant observes the class is defined by the Court-approved Class Notice, not the complaint.
As to the issues surrounding arbitration, defendant's position is that claims subject to arbitration can and should be resolved in a class action if the party asserting the claims fails to request exclusion from the action. See In re PaineWebber Ltd., 1996 WL 374162, at *3-4 (denying motion to compel arbitration because of failure to opt out). Cendant also questions the res judicata effect of the decision declaring the claims arbitrable: The Central District of California case was decided before Cendant knew the Davidsons were actual (instead of merely potential) class members.
Thus, at the time the California court was deciding that the Davidsons' and the Trusts' claims were arbitrable, it simply could not have decided (nor could Cendant have asserted) that the Davidsons and the Trusts were nonetheless bound to proceed in the CalPERS Action because they were no more than potential Class Members who still had every right to opt out . . . .
Although the California Court decided the claims were arbitrable, the issue of the Davidsons' failure to opt out from the class is presented for the first time.
Analysis Publicly Traded
The Davidsons contend that their shares were not "publicly traded" because they were not "publicly tradeable" at acquisition. Dav. Reply Brf. at 12. The shares were registered pursuant to a Form S-4 Registration Statement, subject to Rule 145 restrictions, and could not be immediately sold under either Rule 144, 145, or the terms of the Affiliate Agreement. See, e.g., 17 C.F.R. §§ 230.145, 230.144; see also Affiliate Agreement.
Exclusion is not implied merely because the Davidsons' shares were not publicly tradeable. The DAI merger shares were the same type bought and sold regularly on the public market, that is, publicly traded. Their value was necessarily identical to CUC common stock in the market. See Cendant Brf. at 16 (the Davidsons' shares, "being CUC common shares identical to all other CUC common shares, were certainly publicly-traded securities."); see also LC Brf. at 5 ("While it may have been that there were certain restrictions on the Davidsons' ability to transfer the stock they received, it was still a type of security -- CUC common stock -- that was publicly traded during the Class Period."). This conclusion is supported by the fact that a majority of the shares was later sold on the public market.
Moreover, plaintiffs' assertion that the shares were not "publicly traded" because not "acquired in a public market," is not persuasive. Reply Brf. at 12. The class notice specifically encompasses shares purchased "or otherwise acquired." The intent to include shares issued in CUC's several acquisitions during the class period is demonstrated by the Plan of Allocation which specifically addresses certain transactions, including DAI. See Plan of Allocation of Net Settlement Fund at 7. The Court recognizes that the plan was executed after the opt-out period but cannot accept plaintiffs' argument that Cendant's desire to trap them into the class ex post facto shaped the Plan of Allocation because Cendant demonstrated at oral argument, unchallenged, that the plan was drafted by Lead Counsel without the benefit of Cendant's input.
Nor can the Court agree that the plaintiffs' stock is not "publicly traded" because their interests are not adequately represented in the class action. Plaintiffs distinguish their interests because (1) they do not have Section 11 claims; (2) they are not proceeding on a "fraud on the market theory"; and (3) the Amended Class Action Complaint references shareholders who "purchased their CUC and Cendant publicly traded securities on the open market." The Court does not conclude that the Davidsons' interests are so materially distinguishable for several reasons: the settling class includes shareholders who have only Section 10(b) claims; the Davidsons pursue Section 11 claims in arbitration (See Request for Arbitration at ¶ 139(ii)); any alleged "fraud on the market" affected the pricing of common stock at the time DAI was acquired; and the Complaint addresses shareholders created by CUC's spate of mergers and acquisitions during the class period. See Compl. at ¶ 38. Moreover, at the core of the Davidsons' claims lies the contention shared by all other class members--CUC then Cendant's accounting irregularities created overvalued common stock. See also In re Discovery Zone Securities Litig., 181 F.R.D. 582, 590-91 (N.D. Ill. 1998) ("[T]he emphasis is on common behavior of the defendants, not the plaintiffs. . . . [The claims] present a similar `overall scenario' of common defendant conduct.").
The Court finds that the Davidsons shares are and were "publicly traded."
The class notice excludes from the settling class "officers and directors of Cendant and its subsidiaries and affiliates." The Davidsons and Lead Counsel maintain that CUC D&O's are identical to Cendant's and therefore should be excluded from the settling class. See Dav. Reply Brf. at 21 ("Despite the change of name from Cendant to CUC, the underlying entity remained the same."). Accepting for the purpose of analysis the argument that CUC (as the surviving company of the CUC/HFS merger) is identical to Cendant, the Court still concludes that pre-merger CUC D&O's are not excluded from the class.
To determine the scope of the class exclusion, the Court need only look to the plain language of the class notice:
[A] consolidated class action lawsuit . . . has been brought on behalf of
all persons and entities who purchased or otherwise acquired the publicly traded securities (other than PRIDES) either of Cendant Corporation ("Cendant") or of CUC International, Inc. ("CUC") . . . . [Notice at ¶ 1]
The action alleges violations of the Securities Act of 1933 (the "Securities Act") and
of the Securities Exchange Act of 1934 (the "Exchange Act") by the following defendants:
a. Cendant.
b. The following former officers of CUC and later of Cendant: [list omitted]. [Notice at ¶ 5(a)-(b)]
Excluded from the Class are: (i) defendants; . . . (iv) officers and directors of Cendant
and its subsidiaries and affiliates . . . . [Notice at ¶ 7] Lead Plaintiffs have asserted claims against Cendant; its officers and directors; the officers and directors of CUC; and E&Y for alleged violations of the federal securities laws . . . . [Notice at ¶ 9]
During the Class Period, CUC and Cendant published falsely inflated financial results, issued materially misrepresented financial statements and made other misleading representations . . . . [Notice at ¶ 9(a)] (Emphasis added.)
Such language demonstrates that both Defendant Cendant Corporation and Lead Plaintiffs regarded CUC and Cendant as distinct for class definition and class exclusion. See also Stip. of Settlement at ¶ 1(h) ("`CUC' means CUC International Inc. and its subsidiaries prior to its merger with HFS to form Cendant"). To now say otherwise would "rewrite" the class notice. See generally Interspiro USA, Inc. v. Figgie Int'l, Inc., 815 F. Supp. 1488, 1500-01 (D. Del. 1993) ("Courts should first look to the language of the agreement to determine intent"), aff'd, 18 F.3d 927 (Fed. Cir. 1994).
Federal Rule of Civil Procedure 6(b)
The Davidsons move to extend the opt-out deadline under Federal Rule of Civil Procedure 6(b) if the Court determines they are class members:
When by these rules or by a notice given thereunder or by order of court an act is required or allowed to be done at or within a specified time, the court for cause shown may at any time in its discretion . . . . upon motion made after the expiration of the specified period permit the act to be done where the failure to act was the result of excusable neglect.
This Court has recently reviewed the excusable neglect standard. See In re Cendant Corp. Prides Litig., No. 98-2819, 2000 WL 739620, at *3 (D.N.J. June 7, 2000) (quoting In re Cendant Corp. Prides Litig., 189 F.R.D. 321, 324 (D.N.J. 1999)):
The Supreme Court has decreed that the determination of whether one party's neglect to adhere to a deadline is excusable should take into account all relevant circumstances surrounding the delay. See Pioneer Invest. Servs. Co. v. Brunswick Assoc. Ltd. Partnership, 507 U.S. 380, 395, 113 S. Ct. 1489, 123 L. Ed. 2d 74 (1993). Relevant factors include "the danger of prejudice to the [non-movant], the length of the delay and its potential impact on judicial proceedings, the reason for the delay, including whether it was within the reasonable control of the movant, and whether the movant acted in good faith." Id. at 395, 113 S. Ct. 1489. To this roster, the Third Circuit has added "(1) whether the inadvertence reflected professional incompetence such as ignorance of the rules of procedure, (2) whether an asserted inadvertence reflects an easily manufactured excuse incapable of verification by the court, and, (3) a complete lack of diligence." Dominic v. Hess Oil V.I. Corp., 841 F.2d 513, 517 (3d Cir. 1988).
The Davidsons assert that they never received the class notice. Their alleged failure to receive notice, however, does not warrant an extension of the exclusion deadline. The publication of the class notice in major newspapers, combined with Cendant's mailing of individual notices to addresses of record, satisfied the company's duty to inform potential class members of the action. See generally In re Cendant Corp. Prides Litig., No. 98-2819, 2000 WL 739620, at *6 (D.N.J. June 9, 2000) (citing Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306 (1950)); In re Prudential Ins. Co. of Am. Sales Practices Litig., 177 F.R.D. 216, 230-31 (D.N.J. 1997) ("[D]ue process does not require that every class member receive actual notice so long as the court reasonably selected a means likely to apprise interested parties."). Moreover, both the initiation of the class action and the proposed settlement received press coverage independent of the published notices.
Additionally, the Davidsons' assertion that their failure to opt out is excusable because Cendant acted as though they were not class members is not convincing. They became class members only as of December 27, 1999. Cendant's reactions to the Davidsons' arbitration activity before that date are irrelevant; the Davidsons fail to demonstrate any right to rely on Cendant's defensive maneuvers.
Plaintiffs' motion for an extension of the opt-out deadline is denied.
Cendant's Cross-Motion
The final issue is whether the Court has the authority to enjoin the continued prosecution of the class members' claims by arbitration or other means. The parties dispute the effect of the pending California actions. The Court finds compelling Cendant's reliance on In re PaineWebber. See 1996 WL 374162 (S.D.N.Y. 1996). There the court enforced an injunction against continued prosecution of state court claims included in a class action settlement. See id. at *4-5. It also addressed the request of certain plaintiffs to compel arbitration of their claims pursuant to arbitration agreements. Id. The court concluded that it had the ability to enjoin arbitration to effectuate the to-be-approved class action settlement. Id. at 4 (citing In re Baldwin-United Corp., 770 F.2d 328 (2d Cir. 1985) (finding that district court had power to enjoin state court actions to preserve its jurisdiction over a federal class action)). Because the PaineWebber plaintiffs seeking arbitration had not opted out within the requisite period, they remained within the jurisdiction of the court supervising settlement, and their request to arbitrate could be and was denied.
The Davidsons seek shelter under In re Piper Funds, Inc. Institutional Government Income Portfolio Litig., 71 F.3d 298 (8th Cir. 1995), ably distinguished by the Southern District's In re PaineWebber. See PaineWebber, 1996 WL 374162, at *5-6 ("a crucial predicate for the Eighth Circuit's decision in that case was that the unwilling class member had made explicit its intention to opt out of the class . . . . [h]ere, the fifteen [] plaintiffs have failed to opt out of the class"). The Davidsons' situation is closer to PaineWebber's than Piper's: They did not timely opt out nor did they express any desire, until the eve of settlement, to be excluded from the class. Consequently, a bar to ongoing arbitration is appropriate to implement the proposed settlement now that the Davidsons are deemed class members. See also In re VMS Securities Litig., 21 F.3d 139, 145 (7th Cir. 1994) (class action plaintiff's claims "were subject to the class action settlement, and had already been resolved. There was nothing left for the arbitration panel to decide.").
Plaintiffs' assertion that the Court is res judicata-barred from hearing this action is meritless. The Central District of California was not presented with the issue before this Court-- whether the Davidsons are within the CalPERS settling class. While the Court directed arbitration of claims arising from the 1996 acquisition and 1997 Settlement Agreement, that direction was made under different factual (and procedural) circumstances. As Cendant says, it did not argue that the Davidsons were class members--at most, they were potential members. Obviously, that issue was not before the Central District of California impliedly or actually.
The Court finds that the Davidsons are within the settling class, and their claims against Cendant Corporation are within this Court's jurisdiction over the CalPERS action. It follows that Cendant's cross-motion to enforce the injunction of continued prosecution of the Davidsons' claims either in arbitration or before the Central District of California is granted because plaintiffs fall within the class and did not timely seek exclusion.
William H. Walls, U.S.D.J.
Janice and Robert Davidson move on behalf of themselves and various trusts as trustees to clarify the definition of the In re Cendant Securities Litigation class or, in the alternative, extend their time to request exclusion fro the class pursuant to Federal Rule of Civil Procedure 6(b). Cendant Corporation ("Cendant") cross-moves to enforce this Court's March 29, 2000 Injunction against continued prosecution by the Davidsons of their arbitration proceeding against Cendant. For the reasons of the accompanying Opinion:
It is on this day of June, 2000:
ORDERED that the class is defined to include the Davidsons' interests; it is further
ORDERED that plaintiffs' motion pursuant to Rule 6(b) is denied; it is further
ORDERED that Cendant's cross-motion is granted.
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KNOXVILLE — When Riley Ferguson quarterbacked Butler High School to two North Carolina state football championships in the past three seasons, he relied on his calm, cool approach. Now he'll try to apply the same method as a Tennessee freshman. One of two newcomers to the quarterback competition the Volunteers began with Justin Worley and Nathan Peterman during spring practice, Ferguson will arrive in Knoxville later this week with his typical confidence.
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Office Hour
& Planning Your Days
Planning the next day's skiing or snowshoeing is easy…
It's Office Hour that really makes the holiday…
Sarah & John Gilman, New Mills
Each evening (except Thursday, our day off) between 6 and 7pm we host Office Hour in our hosted chalets in Corvara and Badia and in restaurant Malita in Arabba. This is far more relaxed than its name suggests and some people just drop in for a drink and to share the day's experiences with friends, who may have been doing other things.
Office Hour is ideal for meeting people with similar interests in a sociable atmosphere, and often guests who first meet at Office Hour spend many enjoyable days together in the mountains. During Office Hour you can chat with our organisers, who have plenty of local knowledge, and arrange to join one of the organised ski itineraries for the following day. In Chalet Haus Valentin and Chalet Verena there is also the option to join one of our activities for non-skiers such as snowshoe walking, winter walking, cross country skiing or tobogganing. Equally, if you prefer to ski or walk independently, then you are free to browse through our Ideas & Information files and our organisers will provide you with as much help as they can when it comes to planning your next day out.
Ultimately, whether you choose to join our programme of organised itineraries or if you prefer to ski or walks independently, you are free to do as you please from one day to the next and the aim of Office Hour is simple – to help you get as much out of your holiday as possible.
Corvara – strategically unrivalled – perfect for all abilities
Corvara provides superb access to the Sella Ronda, which comes right through the village on glorious pistes from Arabba in one direction and the Val Gardena in the other. Each morning you can set off from Corvara to explore the Sella Ronda and its many exciting tributaries on itineraries that take you many miles from the village.
Nevertheless, the on-the-doorstep skiing options are also magnificent and locally people can explore the blues and reds of the extensive Pralongia plateau, visiting picturesque local resorts, such as La Villa and San Cassiano. Local skiing attractions include the 'Colfosco Bowl', the Grand Slalom World Cup run at La Villa and one of the longest runs in the valley at Badia – as well as all the amazing runs that branch off the Sella Ronda as it approaches Corvara clockwise and anti-clockwise.
A little further afield – yet easily accessed from Corvara – there is the Marmolada with its 12km descent, the outstanding north facing runs of Arabba and the renowned Val Gardena.
Badia – a tranquil paradise for cruising skiers – ideal for beginners – easy access to Corvara and the rest of Dolomiti Superski
Badia is dominated by the colossal walls of the Fanes Massif. From just below these walls, one of the Val Badia's longest and quietest ski runs wends its way gently down to the village. Here, intermediate and advanced skiers link into the vast Dolomiti Superski area and within minutes find themselves at the foot of the daunting World Cup run in La Villa, the 'Gran Risa' – by no means compulsory, but a spectacle all the same.
From here you can press on to the villages of Corvara, Arabba or the Val Gardena covering miles of well-manicured pistes, each one set against its own magnificent backdrop. Or, if building your confidence, you can head for the nearby Pralongia plateau, an extensive network of more gentle pistes.
Our base in Badia is Haus Valentin and whilst it is possible to walk to the village chairlift from here, we operate a non-stop free minibus shuttle between 8.30 and 10am, which drops you at the chairlift in just 2 minutes. On request, it will drop you a little further up the valley at the foot of the 'Gran Risa' in La Villa, which quickens your access to the Sella Ronda and the rest of Dolomiti Superski.
Arabba – A Skier's 'Mecca'
When people ski from Badia or Corvara to Arabba, they follow a vast network of pistes that span the Val Badia culminating at the Campolongo Pass, one of the famous Four Passes on the Sella Ronda and also the point where you pass from the South Tyrol into the Veneto, giving Arabba a slightly more Italian character than the Val Badia. From the pass, you make a dramatic descent into Arabba under the sheer walls of the south eastern flanks of the Sella Massif. Halfway down, the village comes into view, first the spire of the church and then the village itself huddled around it. However often you make this descent (and for people staying in Arabba, it is often the last run of the day), this view remains one of the most heart-warming and exhilarating ways of appreciating this cosy alpine village, nestled under the Sella's awesome walls and a chain of other impressive peaks.
From these massifs a series of thrilling pistes, each one obvious to the eye by its brilliant white manicured snow, wend their way down from 2500m, high above the tree-line (and then through it), eventually spilling their more-than-satisfied skiers into the various lift stations that await them in this classic resort.
In downhill skiing terms, Arabba is a centre of excellence and arguably the best ski resort in the Dolomites. It satisfies the advanced, intermediate and novice skier. It is one of the highest of the villages on the Sella Ronda ski circuit and has its own exciting network of challenging north facing slopes, which more or less guarantee superb snow conditions well into April, as does its proximity to the area's highest peak, the Marmolada (3300m), Queen of the Dolomites, which rises impressively just to the south of the village. You can ski from the Marmolada's summit on a breathtaking 12km descent right to the valley bottom at Malga Ciapela.
Yet Arabba is perfectly placed for exploring the whole region, so if you choose not to ski locally, you can leave the village in whatever direction you please and explore either the Val di Fassa (Canazei, Campitello), the Val Gardena (Selva, Santa Cristina) or the Val Badia (Badia, Corvara, La Villa, Colfosco, San Cassiano), using the Sella Ronda as a sort of orbital freeway and then veering off into whichever valley takes your fancy, each one an extensive and attractive ski region in its own right.
Our holidays in Arabba run from Saturday to Saturday.
Ski School & Private Lessons
We work closely with local ski schools, so if you know your tuition requirements (ski school or private), whilst it can all be arranged in resort, please contact us with details prior to your holiday as it maximises our chances of booking our favoured instructors for you.
The traditional ski school package is 4 mornings (roughly 10am to 12.30pm) plus 1 full day (10am to 4pm) and starts from €180 per person, but does vary from village to village. In some villages it is also possible to choose a 3 day (from €95) or 4 day (from €155) course. We can also book you private instruction which can vary between €33 – €63 per hour depending on the time of day, and the season. Additional people are normally charged €10 per person. Please contact us to discuss options available to you, as these do vary between the different resorts.
Our guests can book Ski School before departure – please click here.
Ski Passes
The Dolomiti Superski pass will cost you about €275 for six days (or €54 per day) in high season and about €242 (or €48 per day) in low season. These prices are reduced by 30% for juniors born after 28/11/99. Senior citizens born before 28/11/50 also qualify for reductions. Skipasses for children born after 28/11/07 are free!
It is also possible to buy local valley passes, for example, for the Alta Badia or for Arabba and the Marmolada, however, for the proficient skier, these passes will not allow you to make the most of the area and are only really suitable for beginners, who may not need to make use of the full Dolomiti Superski pass. There are also other skipass options available for occasional skiers or beginners.
Ski and Snowboard Hire in the Dolomites
Ski hire starts from around €80 per week, depending on the type of skis you hire, whilst boots will cost you about €40 for six days. All in, expect to pay about €150 for a good set of intermediate/advanced skis, with boots. For snowboard and boots you can expect to pay about €135 for 6 days. Helmets are compulsory in Italy for all children under the age of 14, but we would also highly recommend everyone to hire a helmet during their stay.
On arrival we will help you hire equipment quickly and smoothly by taking you to our local supplier, where you will receive a 10% discount as a guest of Collett's.
Ski Hire can be arranged once you arrive in resort, or online in advance. Although you can book online our staff in resort are there to help you with ski hire on your arrival and usually most of our guests will hire their skis in this way. In our experience, even during busy periods the ski hire shops are always able to provide enough equipment to mean that pre-booking is not necessary. We will do our best to help people who have booked online independently but ultimately your contract is with the hire shop, and there is normally very little we can do to help if there is a problem with your booking. If you have any questions in the meantime, please call us on 01799 513331.
Online Ski Hire
You can hire equipment online in advance, we should tell you that some guests booking online have experienced problems with availability of their chosen ski specification despite pre-paying. Even so, you can pre-book at www.skiservicearabba.it where you will receive 10-15% discount for booking online. Use the form to enter your dates, details and preferred ski hire package, then click 'Checkout'. Follow the steps to complete your booking. You will be charged the full amount so remember to print off your receipt/voucher and take it with you to the hire shop. Along with your name, dates of hire and credit / debit card details you will also be asked to provide the following; age, height (cm), weight (kg), shoe size (euro) and skiing ability.
You are now able to book ski/snowboard hire online, directly through the Ski Top website, prior to your holiday. Whilst online booking does not guarantee the exact ski you will get, by booking direct through the hire shop, they can guarantee that you will receive skis from your selected price range. Go to www.bit.ly/skitopbadia and select your period of hire, then enter the Promo Code '39036' by clicking on the blue 'i' underneath the Rental Period date range. Online bookings will receive a 15% discount. Follow the steps to complete your online booking. You will be charged the full amount so remember to print off your receipt/voucher and take it with you to the hire shop
On arrival we will help you hire equipment quickly and smoothly by taking you to our local supplier in Corvara. It is also possible to book online in advance, and whilst this is not a necessity, you will benefit from a 10% discount for booking in advance. If you do prefer to hire equipment online in advance, we should tell you that some guests booking online have experienced problems with availability of their chosen ski specification despite pre-paying. Even so, you can pre-book at www.sportkostner.com/en and select 'Rental Shop'. Select your dates and click 'Online Booking' and follow the steps to complete your booking. You will be charged a 10% deposit, with the remaining balance due when you return the skis in resort. Remember to print off your receipt/voucher and take it with you to the hire shop.
Customer Reviews & Testimonials
We've been to Corvara for about 20 years, but last year we made a mistake with booking again. So in December we had to find a place to stay in March. We walked passed by Verena and saw a nice young man and asked him whether there were 2 rooms available. We've seen the rooms and at home we made further enquiries and decided to book.
I enjo (...)
We enjoyed the safari so much, in spite of having snow and sometimes white out conditions for half of the week. Having to keep to our itinerary helped us to deal with these conditions better. The guides Diego and Petro were superb and managed to deal with closed lifts and a closed pass which meant one of our overnight stops had to be changed. (...)
We have just returned from a fabulous week's stay in Chalet Verena, Covara. All the Chalet hosts were very welcoming - nothing was too much trouble (a special mention here to Dan and Flee)! The food was excellent and plentiful - the wine flowed and the social atmosphere was relaxed and fun. We would definitely recommend a Collett's skiing hol (...)
Overall, we had a really wonderful holiday. Your staff are extremely personable and conscientious and able to relate to a wide range of guests who are sometimes idiosyncratic! Yours is a very well conceived and executed holiday concept, that really suites us! Thank you so much.
One thing forgot to mention - although some of the snow shoe gro (...)
We had skied with you before and also had a Walking holiday with you in Corvara which were both very good.
The service is fantastic and the guided skiing makes for great value.
It is good to see a company that has such a great relationship with it's staff, all the staff i talked to think Colletts is a good company to work for and feel w (...)
Another brilliant holiday! Food, accomodation and activities all up to an excellent standard thanks to some outstanding staff.
The staff were a delight to talk to whether to find out about the days activities or just general conversation. It seemed to offer the kind of holiday I wanted - the ability to dip in and out of different activities and mix with like minded people.
Back home from an excellent week skiing in Arabba with good friends. The Collett's staff are fantastic (Giles, Cam, Adam and Sam) and all great company at dinner time.
Looking at dates for a return trip next year.
Colletts are great to ski with.
We only had a short time available to us and we packed in 106 km of skiing in three days (double that if you add in the chairlifts and cable cars). The ski guide's knowledge of the area meant that we took the best routes. With expert guides you never have the post-lunch worry of "can we go further?" "will w (...)


text:
ERIC Number: ED239602
Record Type: RIE
Publication Date: 1983-Sep
Pages: 42
Abstractor: N/A
Reference Count: 0
Logo and Von Neumann Ideas [and] Towards a Humanistic Use of Computers in Education = Hacia una insercion humanista de las computadoras en la educacion.
Reggini, Horacio C.
The first article, "LOGO and von Neumann Ideas," deals with the creation of new procedures based on procedures defined and stored in memory as LOGO lists of lists. This representation, which enables LOGO procedures to construct, modify, and run other LOGO procedures, is compared with basic computer concepts first formulated by John von Neumann. The second paper, "Towards a Humanistic Use of Computers in Education," argues that integration of computers in classrooms does not necessarily imply an improvement in the quality of education; rather, computer applications must be related to a cognitive view of learning that fosters the development of a harmonious relationship among culture, science, and human values. Some of the principles of LOGO programming system/language are analyzed as it generates a structure through which computers can effectively improve learning conditions while respecting, at the same time, the learner's linguistic and cultural identity. A Spanish translation of the second paper is included. (LMM)
Publication Type: Information Analyses; Opinion Papers; Multilingual/Bilingual Materials
Education Level: N/A
Audience: N/A
Language: EnglishSpanish
Sponsor: N/A
Authoring Institution: N/A
Identifiers: Computer Uses in Education; LOGO Programing Language; Von Neumann (John)
Note: Papers presented at the Conference on Computers in Education and Culture (1st, Buenos Aires, Argentina, September 16-18, 1983). Spanish version (for second paper, only) begins on page 30.


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|This is a discussion on 50NL HU Live: Deepstacked, River Flush on Paired Board within the online poker forums, in the Cash Game Hand Analysis section; After a game dissolved from 4 to 2 people, Villain and I are heads up. Everyone within a 20ft radius considers me suicidally aggressive. The
50NL HU Live: Deepstacked, River Flush on Paired Board
After a game dissolved from 4 to 2 people, Villain and I are heads up. Everyone within a 20ft radius considers me suicidally aggressive. The table is maybe 6ft long.
Down to 3-handed, I shot through my $10 buy-in (we started .10/.25) and some cash on top of that- my aggressive play did me in when a separate enemy flopped a full and slow-played it. I bought back in (short stacked) for $20. I've been showing a light 3-bet or two, and moved in with an OESD that this Villain folded to.
During the 3-handed portion of the match I raised preflop about 15 hands in a row, folded one or two, and raised preflop another 10 hands in a row. I stole most of the blinds and small pots which recouped me back to break-even for the night, with a few bucks on top to cover this Villain, but we are about even at ~$35.
My c-bet % is highish (maybe 70-80%) but lower when OOP. Villain c-bets almost 85% of the time in position, and 95% on paired flops.
Villain overvalues KJ sort of hands in full ring. HU, he will play small pocket pairs OOP, all paint, any Ax, etc. That doesn't narrow his range too much, but he has been folding to most of my preflop raises and letting me take his blinds. I've been raising a good number of pots preflop, but not as many as during the 3-handed portion.
Again, Villain perceives me as overly aggressive and bullying. He *won't* tripple-barrel me without some sort of hand, and *probably won't* double-barrel me (because I'll go over the top so often).
Stacks about $35+ all. My bet values are inexact, but close.
Hero posts BB $0.50
Villain (Bo) posts SB $0.25
Hero is dealt 57
Villain calls $0.25
Hero raises to $1.50
Bo calls $1.00
Nothing interesting here, my raise is fairly standard.
($3.00 Pot) Flop comes 2QQ
Hero checks
Villain bets $1.50
Hero calls $1.50
I think, "This is a continuation bet. I'll probably bet the turn and take the pot there."
($6.00 Pot) Turn 8
Hero bets $3.00
Villain calls $3.00
"Alright, wtf. Unless I make my flush, I'm out of here."
($12 Pot) River is the J
Hero bets ~$5
Villain raises to ~$10
{Pot is now ~$27}
{Hero has ~$21 remaining}
{Villain has ~$16 remaining)
re: Poker & 50NL HU Live: Deepstacked, River Flush on Paired Board
i don't understand you check/call on the flop then lead out on hte turn, what are you trying to represent??? I really don't mind check/calling the flop, then check/raising turn becuase that represents a pretty damn strong hand and if called we have a flush draw that we can hit, but leading out makes no sense on the turn.
As for river, just flat call the raise
If he checks behind I bet the river no matter what, and I get a free shot at a flush. I like the check/raise better here.


text:
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Ba Kid Dolls & Toys
1000 Beltline rd Sw Ste J Ste J Decatur, Alabama 35601(256) 351-8340
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AboutBa Kid Dolls & Toys is located at the address 1000 Beltline rd Sw Ste J in Decatur, Alabama 35601. They can be contacted via phone at (256) 351-8340 for pricing, hours and directions.
Ba Kid Dolls & Toys has an annual sales volume of 0 - 500K. .For more information contact Brent Craig, Owner
For maps and directions to Ba Kid Dolls & Toys view the map to the right. For reviews of Ba Kid Dolls & Toys see below.
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Key Contacts
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- Phone: (256) 351-8340


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|Bob Barker
| Formerly: Human
Currently: Head in Jar
|First appearance
|The Lesser of Two Evils
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- "Enough out of you. I may be against the fur industry, but that won't stop me from skinning you alive! As long as no one wears the skin."
- ―Bob Barker[source]
Robert William "Bob" Barker (born December 12, 1923) was an American former television game show host. By 2999, his still living head was preserved and on display in the Head Museum in New New York City.
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Lion Landscape Blue Plastic ClipboardClipboards
12.75" x 17.75" - Clamp Clip - Plastic - Blue - 1 Each - View Complete Details
Product Number: LIOCB290HBL
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Product Details
Recycled Product
This product contains at least 30 percent postconsumer material.
Lion Landscape Blue Plastic Clipboard - Clipboard is sized for computer printouts. One-touch, all-steel clamp holds papers securely. Tough, high-impact PET lasts for years. Clipboard is made with a high percentage of recycled material.View Product Specs
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Reviewed by 3 customers
- Attractive Design
- Strong Clip
- Flimsy Construction
Best Uses
- Small Stacks Of Paper
Comments about Lion Landscape Blue Plastic Clipboard:
WE use these boards in the field, kind of flimsy, but work for the price. Clip is strong, plans don't blow away. Not the best board for taking notes.
- Attractive Design
- Good Size
- Smooth Writing Surface
- Flimsy Construction
- It Is Too Flexible
- Needs Color Selection
- Needs To Be More Rigid
Best Uses
- At Home
- Taking Notes
Comments about Lion Landscape Blue Plastic Clipboard:
I plan to use the product when I study. The size is good to hold a small book and a notebook to write in. The product is too flexible & needs to be more rigid than it is. Would like to see this product in different colors other than blue. I haven't tried the clip/clamp yet to say it is good or bad yet. I'll try it & submit a review on that later.
- Size
- Smooth Writing Surface
- Could be more durable
Best Uses
- In The Field
Comments about Lion Landscape Blue Plastic Clipboard:
We need the large board to handle our load summaries that we use to sign off product being shipped on semi trailers.
Service and delivery comments:
You have extremely fast delivery!
- Primary use:
- Business
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Unbreakable clipboard is ideal for warehouses, classrooms, outdoors and everyday office use. Durable polypropylene makes the board long-lasting. Clipboard holds letter-size papers securely with high-friction rubber grips. Convenient pocket on back is designed for business cards. Clipboard also features a ...
Hardboard archboard features a smooth writing surface on both sides and easy-opening, firm-closing rings. Rings accommodate up to 2 of standard, two-hole-punched paper. Steel clip lifts easily to load papers. Archboard also includes beveled edges and arch posts that are ...
Ringbinder Clipboard Storage Box provides convenient portable storage for three-hole-punched papers (A4/letter-size) and writing instruments. Built-in, three-ring binder offers a 1" capacity in the metal rings. Design includes a pens/pencils holder and business card pocket. Strong, nickel-plated, steel spring ...


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Aug 17, 2015
I never believed in lip plumper's until I tried this product. My expectations were pretty average/low for this product so I was very surprised when I tried it on and paired it with my tint-in-oil. Your are not going to get Kardashian lips, but I truly did see a change when I pursed my lips. Great product for a little shine and boost, and pairs well with other products. (Also does not burn or sting AT ALL, just feels like you put a minty chapstick on).
Sep 16, 2016
Althogh I have been under the weather and not used this everyday..when I did I got a slight tingle but no significant change in the plumpness of my lips. I like the packaging and flavor though. Will endeavor to use on a regular basis and see what happens.


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April 3-6, 2008
Austin, TX
How do we make New Urbanism flourish in the suburbs and boomtowns of high-growth America? How can regions preserve their local character and environment while creating vital new and renewed communities? From new rail systems to infill transit-oriented development to the downtown high-rise boom, Austin is the place to see how New Urbanism is making a difference on the front lines of American growth.
The annual Congress for the New Urbanism isa forum dedicated to advancing urbanism and promoting alternatives to sprawl. New Urbanism is an urban design and development movement dedicated to implementing community-oriented principles of traditional town and city planning in contrast to the prevailing system of formless sprawl. New Urbanist developments are walkable, provide a diverse range of housing options, encourage a rich mix of uses, and provide welcoming public spaces as detailed in the Charter of the New Urbanism.
New Urbanism is an interdisciplinary movement, welcoming developers, architects, landscape architects, town planners, urban designers, engineers, environmental consultants, housing specialists, real estate brokers, regulators, real estate financiers and government officials. Students, community activists and interested members of the public are also encouraged to attend.
For more information, visit Congress for the New Urbanism.


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Throwing thyroid into the mixJune 15, 2010 at 9:10 pm | Posted in Me, rheumatoid arthritis (RA) | 5 Comments
Tags: aches, arthritis, depression, doctor, fatigue, flare, flare-up, GP, hospital, hypothyroidism, joint pain, methotrexate, MTX, pain, R.A., RA, rhematoid arthritis, Rheumatoid arthritis, rheumatoid arthritis (RA), sleep, stress, T3, T4, thyroid, thyroxine, tiredness, TSH
I went for monthly MTX blood tests today and remembered to ask if the thyroid results were normal – I'd assumed they were, since no one at the surgery had bothered to contact me. They weren't.
Having said that, they weren't all that abnormal either, so what are we doing about it? In their case nothing as yet, in my case getting rather confused …and cold …and tired … and achy … but mostly just confused. Until I went in and asked for the results I thought a thyroid test was just that, one test, one answer – OK, not OK, whatever. But no … it turns out there's a test for thyroid stimulating hormone (TSH) which is produced by the pituitary gland and stimulates thyroxine production from the thyroid gland. Then there's tests for the two types of hormone the thyroid gland itself produces, thyroxine (T4) and the other one whose name I can't remember (T3). Counter-intuitively, if you have lots of TSH sloshing about it means your thyroid might be UNDER-active, because you have to produce a lot of TSH to get the thyroid to do anything at all. If you have loads of T3 and/or T4 (produced by the thyroid gland itself) then you obviously have an overactive thyroid as the thyroid is producing loads of the stuff. If you have very little then clearly you have an under-active thyroid.
Symptoms of the latter include feeling cold when it isn't (box ticked), weight gain or difficulty in losing weight (box ticked), muscle aches (box ticked), abnormal menstrual cycles (oh yeaaaah!), decreased libido (what's libido again, somebody?), irritability (well … erm … guilty) and memory loss (not sure, can't remember). However, my levels of T-whatever – not sure if they tested for T3, T4 or both, are in the normal range. My level of TSH though is just outside the normal range – just a smidge too high. As a consequence the docs have decided to wait and see. I can totally understand the logic of this – apparently it does fluctuate and it's not as if it's wildly off the scale, so try again in another month and see if it's still high, and if the levels of T-whatsit have decreased or not.
Really – I can totally understand that – but it's just sooooo frustrating, as I sit here grumpily shivering, with period pains! (Oh yeah, and a flare just to increase the fun.)
One interesting thing – apparently the most common cause of hypothyroidism (under-active thyroid) is an autoimmune problem. Surprise, surprise!
As to the confusion – I've just about got it straight in my head that there are all these tests and roughly what they're for, but nowhere can I find clear guidance as to what is and isn't normal range for any of these tests – it seems that for TSH it used to be considered that up to 5.5 was OK, now they reckon about 4.5, or maybe 3.5, or sometimes 2 depending on who you ask, and apparently some authorities in the UK reckon up to 10 is fine! I'm just going to go off and find a nice sandpit to bury my head in for the next month.
Ten GOOD things to do during a flare … if you're meJune 10, 2010 at 5:24 pm | Posted in rheumatoid arthritis (RA) | Leave a comment
Tags: flare, R.A., RA, relaxation, Rheumatoid arthritis, sleep, stress
In the spirit of this blog being positive, here's the antithesis to the post below. Ten good things to do during a flare – but of course it only applies if you're me, 'cause everyone's flares are different!!
1. Take it easy.
2. Take time off work.
3. Really – take time OFF work.
4. Listen to your own excellent advice about taking time off work.
5. THINK – try to be slightly more aware of hands and feet BEFORE you do dumb things!
6. Keep as active as possible – but don't force yourself.
7. Do everything you can to get to sleep and stay that way at night! E.g. Take 5HTP, take paracetamol just before going to sleep even if you're not sure you need them, listen to Bill Bryson reading one of his books in his gentle, soporific voice (or Tim Piggot-Smith reading David Starkey, or anything by Stile Antico)
8. Eat sensibly and TRY not to comfort eat!
9. Learn to count.
This flare I have managed to take note of 1-4 and 6-7 this time, and I am feeling A LOT better. I'll try harder next time and see if I can manage all ten … well nine … well eight really …
Ten things not to do when you're having a flareJune 10, 2010 at 4:29 pm | Posted in rheumatoid arthritis (RA) | 2 Comments
Tags: arthritis, flare, R.A., RA, RA flare, Rheumatoid arthritis
1. Say "Of course I can carry the tray!"
2. Run downstairs wearing only socks. (It feels like you're walking on marbles.)
3. Say, "No – don't you come up. I'll bring the dress down for you to look at." ('cause then you have to take the dress back up to keep it away from the cats … and then come back down.)
4. Tell yourself a browse around the local garden centre won't hurt a bit.
5. Push a big, heavy door open with the flat of your hand.
6. Assume you can overtake the little old lady with two sticks walking in front of you along the street.
7. Get depressed when you can't overtake the little old lady with two sticks walking in front of you along the street.
8. Swing your arm up without thinking to get something off a top shelf.
Actually I think that's all the dumb things I've done over the last two days pertaining to my flare, but I think eight is enough – don't you?
So much to post about, so little timeMay 13, 2010 at 1:09 pm | Posted in rheumatoid arthritis (RA) | 6 Comments
Tags: cancer, cold, de-stress, flare, floret, holiday, hot flashes, hot flushes, RA, Rheumatoid arthritis, stress, thyroid, work
It's been ages since I posted! First of all I was on holiday (fab) and then I was back (less fab) with intrays (both virtual and paper) bulging at the seems, even though 'the boss' was doing a sterling job of dealing with stuff while I was away. My stress levels weren't helped by the tax office sending out wrong info about maternity pay just when I needed to look into it, as 'the boss' is nearly half way to having a baby! Their calculator told me I could claim back about 10% of what I paid out in statutory maternity pay – which worried me a bit, since I'd thought I could claim back 100%. Turns out I CAN claim back 100% – but I had a stressful week or two before I found that out. Then they decided to keep me on my toes by telling me I'd not paid April's PAYE, so I had to waste time phoning them up, only to be told 'Oh sorry – the computer is accidentally sending out non-payment notices every time someone sends in an end of year tax statement.' Marvellous!! Work itself has been pretty stressful too – but at least busy, which as usual I have to keep reminding myself is GOOD THING!
On top of all this I've recently heard that a good, and local, friend of mine has just been diagnosed with breast cancer. She also has RA! As my friend Weeny would say, 'You really must stop going for those buy one, get one free offers!' Seriously though – you'd think RA would be enough to cope with!
As to the good ol' RA, it's MOSTLY been behaving itself. I thought I was in for a holiday flare as I watched my hands getting redder and redder and more and more swollen as hubby drove us down to Dorset, but a few hours after we had reached our friend's house, where we were to stay the week, they'd settled right back down. Perhaps my body suddenly went 'Hey, chill out penguin – you're on holiday!' Had a blipette (florette, flarette?) this week, probably due to finding out about my friend's cancer, but again it hasn't materialised into a flare, thank goodness.
I've also just had a thyroid test (again) because I'm feeling tired and FROZEN all the time. While this MIGHT have something to do with the fact it's bloody cold and we're getting early April weather in mid May, I'm frozen even when it's quite warm, so I think there's more to it than that. The only time I'm really warm, in fact, is when I'm having a hot flush. Imagine the fun of dressing for a day of being 90% frozen and 10% boiled – it's kinda tricky!
I think there's about six things that could be expanded on in separate posts here, not to mention an interesting bit of info about blood tests that Maggie sent me before I went away and that I'm still planning to blog on at some point. But meanwhile it's nose back to the grindstone – a rather grim mixture of interviews on child abuse and prostitution, and a disciplinary hearing! Oh well – it can't be chocolate every week – last week was mostly all about chocolate, so I suppose I shouldn't complain!
I'm fed up with being a yo-yo!March 24, 2010 at 10:46 am | Posted in Me, rheumatoid arthritis (RA) | 7 Comments
Tags: aches, arthritis, flare, flare-up, pain, R.A., RA, rhematoid arthritis, rheumatoid, Rheumatoid arthritis, rheumatoid arthritis (RA), rheumatology, sleep, stress, tiredness
On the plus side, at least a yo-yo goes up as well as down! I've had another mini-flare (fizzle, floret?) since I last posted, which is why I've been so quiet lately … well, that and the fact that work has been insanely busy lately. I rather strongly suspect the two are connected!
I have posted before, once or twice🙂 on the importance of pacing yourself and a week or so ago I gave a great demonstration of exactly how now to do that! Worked long hours, worked part of the weekend, ignored the warning signs, took paracetamol or rubbed in magic herbal rub stuff and just kept on working … and of course woke up one morning almost unable to get out of bed. I did get out of bed … still had deadlines to meet, but came home early in a LOT of pain.
So, what would a sensible person do at this point? Take some painkillers, go to bed and have a bit of a snooze probably. I thought, 'Well, I don't feel well enough to work but I still have all this City and Guilds embroidery stuff I need to do, so I'll go to bed with some research books for that …'
Eventually I reached a point where I HAD to go to sleep, but was still trying not to as I thought that would mean I wouldn't sleep at night. I got to the point where I realised that I'd need matchsticks if I was going to keep my eyes open and gave in.
At this point I was still in a LOT of pain but did drift off to sleep … and woke up an hour later feeling fine! I know sleep is important, but that's a really extreme example! And I did sleep well that night too. I must have been really sleep deprived and not even realised it!
Mind you, waking up with five to ten hot flushes (flashes) per night is not exactly helping on the sleep front.
Still, things are looking up – work is now steady (which means that I'll be panicking in a week or two that there's not enough), apart from one odd twingey pain in one knuckle I'm not bad on the RA front … the yo-yo is on the upswing again … and will hopefully sit at the top for a while at least!
Puzzling painsMarch 11, 2010 at 9:19 pm | Posted in Me, rheumatoid arthritis (RA) | 3 Comments
Tags: aches, arthritis, computers, computres, exercises, flare, joint pain, neck pain, physio, physiotherapy, R.A., RA, rhematoid arthritis, rheumatoid, Rheumatoid arthritis, rheumatoid arthritis (RA), stiffness, stress
I've got two different rather odd pains to add to the usual mix at the moment! One is a burning pain that I get intermittently in my spine, a few vertebra down from my neck. It's not too bad, just a bit odd, a bit burny and a bit tingly. Bizarrely, my physio thinks this is a sign of a bit of stiffness. Does anyone else get stiffness manifesting as burning?! Well, she's given some exercises for flexing the upper thorax, and if they work then I guess she's right.
The other one is that, having found ultrasound fantastically helpful for ages now, I'm suddenly finding it incredibly painful on my acromioclavicular joint. (Excuse my showing off my knowledge of joint names – it took ages for my physio to teach me this one and I rarely get the chance to use it … it's the little insignificant (until it hurts) joint between the shoulder and color bone, right at the front.) It starts off alright and then it very quickly gets incredibly sore and painful. Physio says she's come across this happening before but she doesn't know why, and she wonders if it's just a bit more inflamed than usual.
I hope it's NOT more inflamed than usual. Did I speak to soon about averting a flare? Today certainly didn't help on the stress reduction front – all clients want their work now (if not last week), and one thought I could proofread 90,000 words in two weeks. Well, I could if I had nothing else to do … grrrr… Oddly enough I feel more stressed now with both computers working than I did yesterday with both computers not working. Does this say something about computers, I wonder?
I hate computersMarch 10, 2010 at 2:30 pm | Posted in rheumatoid arthritis (RA) | 1 Comment
Tags: computers, flare, RA, rhematoid arthritis, rheumatoid, Rheumatoid arthritis, rheumatoid arthritis (RA), stress, Ulric Computers
As someone in the office said today, 'I love what they do … I just wish they did it better'. I had an unbelievable computer day yesterday. My work computer finally died. We won't go into the fact that I've been saying 'the C drive's dying' for a couple of months and the IT guy's been going, 'Oh no it isn't …' Suffice it to say, it did.
After one HELL of a day I went out for a very pleasent evening of sewing and chatting with the local quilting group (where I don't quilt but do sew and chat), came home and thought ' better check my email' … so I turned on my laptop and it broke. Honest – just like that. The on button became an 'in button' – permenantly pressed in and fallen down inside the computer.
I really thought that was the end of my computer, but I'd gone through stressed and out the other side yesterday and I was, extraordinarly, completely calm! I just decided I didn't have room or energy to worry about anything else and what would be would be.
I did think all the stress was bringing on a flare last night, but it hasn't happened – whether that's because of my determination not to get stressed about this latest thing and to calm myself down, or whether it was never going to happen anyway I shall never know.
Anyway, to 'cut stories long and short', I phoned the local IT shop this morning, explained the situation, got a very poor prognosis but 'bring it in and we'll look at it …' I did, he did, he jammed a screwdriver in a place I wouldn't have dared tamper with and yanked off part of the top and then stood there going, 'But … but, but, but, but… but …' interspersed with 'That's not supposed to be able to happen …' and 'In all my forty years in the business I've never seen anything like this …'
Astonishingly the story has a happy ending – or perhaps a happy middle as it's not totally resolved yet. He showed me where I needed to apply some superglue (of all things!) and then how to put on the bit he'd yanked off, and showed me that the laptop still works! Woohoo! He didn't charge me a penny and even said if I was nervous about putting the bit of cover back on I could bring it back in and he'd do it for me. That's customer service for you – and I've never even been a customer in there. But you know what – if I want a PC in the future, that's the first place I'll look, for sure! A 'big shout out' for Ulric Computers!
I shall leave hubby to do the supergluing – feeling far too fumble-fingered after all that, although really I'm sure none of it was anything I did!
Phew – coming out of a flare!February 19, 2010 at 2:28 pm | Posted in rheumatoid arthritis (RA) | 3 Comments
Tags: birthday, consultant, flare, occupational therapy, OT, physio, physiotherapy, RA, RA flare, Rheumatoid arthritis
At last I'm on my way out of a rather prolonged flare! While I'm sure that my consultant would be pleased to point out that it wasn't much of a flare – I mean I didn't even need a steroid shot – it was quite enough of one for me, thank you!
I had a very good birthday this year, in spite of being in the middle of the flare. Hubby had the day off too, which he doesn't often manage, or at least not to coincide with mine, and we had a leisurely morning in Norwich including a trip to the Castle Museum and lunch at 'The Waffle House'. Because of the whole flare thing we decided to come straight after an early lunch and I spent the afternoon lounging around in bed reading some of the many great books (mostly embroidery-related) that I'd got for presents, before heading off to Mum's for a yummy meal in the evening. While I'd have liked to have been able to DO more on my birthday, it was still a jolly good day!
I suppose at least I'm finally learning to pace myself. Talking of which, the OT is NOT in my good books at the moment. I drove for forty minutes in stinking traffic through rain and hail and sleet and snow and fog (and semi-darkness for part of it) to get to my OT appointment only to be told, 'She's gone home'. Luckily for both of us I suppose a) I like her and b) I know she wouldn't do that deliberately and c) she phoned and apologised profusely this morning.
I told her she could make it up to me by fitting me in between physio and a hair appointment next week, which she is doing. I shall come away feeling thoroughly pampered after all that: not quite a luxury spa treatment, and believe me, our local hospital doesn't bear much resemblance to a luxury spa, but the closest I'm likely to get to one for a while!
Bloody marvelous, innit?February 7, 2010 at 10:32 am | Posted in rheumatoid arthritis (RA) | 2 Comments
Tags: birthday, flare, pain, Rheumatoid arthritis
Two days until my birthday and I'm right in the middle of a flare! On the bright side (which is what this blog is all about, although I have to remind myself of that right now), I've got most of a day off tomorrow and a full day off on Tuesday, and mum cooking dinner for us Tuesday night (chopped liver to start (sounds disgusting, ISN'T!), roast chicken and trimmings, and a naughty surprise desert have been requested).
Hubby has the day off on Tuesday, which makes a nice change. I just hope I feel up to doing something nice with the day!
Also my birthday starts early – Today Weeny, she of the not-so-great sympathy skills, and her hubby are taking us out to lunch. Pressies are piling up on the table downstairs and looking festive, ocassional bits of sunshine are peeping out through the gloom and the forecast for Tuesday is pretty good, so the outlook's not as bad as it could be in spite of the various creaks and groans eminating from the penguin (and from hubby at having to listen to me creaking!)
I wish I could live in the dream world my consultant inhabitsDecember 27, 2009 at 11:03 pm | Posted in rheumatoid arthritis (RA) | 2 Comments
Tags: anti-TNF, appointment, arthritis, consultant, flare, GP, hospital, medicine, methotrexate, MTX, NHS, NRAS, nurse, nurse practitioner, R.A., RA, rhematoid arthritis, rheumatoid, Rheumatoid arthritis, rheumatoid arthritis (RA), rheumatology
It's official – I had a flare at the end of October/early November … and more, I suspect. No kidding. I think I knew that, but this time it actually showed in the bloods! That's a first for me!! I'll give the consultant his due though – he was as amazed as I was that the bloods actually matched with how I'd felt, so he does at least appreciate that one can feel totally lousy and have no indication in the blood tests whatsoever, and vice versa.
Anyway, we agreed that things were going pretty well at the moment and that it didn't seem sensible to go on increasing the MTX willy-nilly if things were OK. I explained that I knew I was much, much better than last time I'd seen him (which I think was well over a year ago, as I've since seen a registrar and a nurse but not the man himself), but that they certainly weren't perfect, and for the first time he admitted that I probably wasn't going to achieve perfect … I'd kinda figured that out, but still a slight blow to hear him say it!
He then cheerily added that never mind, compared to what he usually saw I really wasn't bad at all. He has no idea just how bloody irritating this comment is – he's said it before. I think last time I was too dazed and generally fed up to actually respond, but this time I was properly prepared and I pointed out that I wasn't comparing myself with his other patients – I was comparing myself to myself before this whole R.A. business started, and that when I do that I don't see my current self in a terribly favourable light. The nurse who sits in with him (as a chaperon and to make sure he remembers to fill all his forms in!) was nodding sympathetically and understandingly behind his back. I got the feeling she'd heard this comment from him before and had thought exactly what I was now saying. Anyway, he sort of blinked a bit, looked rather surprised at being answered back to and mumbled something that was vaguely conciliatory … I think.
Then he bid me to enter his dream world by saying, "If the MTX doesn't keep things under control, if you have another flare, we'll put you on these terribly expensive new drugs called biologics or anti-TNFs." (He does tend to forget I have a brain.)
I snorted – very rude, but it just sort of happened! I said something like, "Have to be one hell of a flare for the NHS to let me on to those!"
"Oh no," says he, "just an ordinary sort of flare."
Well, that's certainly not the impression I've been given by the NRAS magazine, the people on the NRAS forum (other R.A. sufferers, generally in a much worse state than me, who have failed the 'DAS test' for anti-TNFs), the press, people I met in Barcelona, the nurse practitioner, the GP, the practice nurse … just about everyone else really. Since this is the man that told me I should see him in three months last time, when it was totally impossible for anyone to get an appointment closer than six months, and the man who told me that all I needed to do if I had a flare was phone and I'd get straight through to someone on the helpline (not true as it's usually unmanned and then they don't call you back) I don't feel too filled with faith about the biologics comment either! I dare say though that his "ordinary sort of flare" would be the ordinary sort of flare that his other patients have, not my little fizzle!
Well, hopefully the MTX will now do its job properly and I won't need to ever find out whether he's living in a dream world or I'm just being unnecessarily pessimistic about my prospects for biologics!
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