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United States District Court, N.D. Illinois, Eastern Division
July 16, 2004.
DAVID E. OGDON, Plaintiff,
BARRY G. HOYT, Defendant.
Plaintiff David E. Ogdon seeks damages against defendant Barry
G. Hoyt for his alleged refusal to fulfill the duties of his
contract with plaintiff to purchase $833,000 worth of plaintiff's
shares of Newco stock.*fn1 Specifically, plaintiff asserts
the following claims: (1) breach of contract (Count I); (2)
estoppel (Count II); (3) quantum meruit (Count III); and (4)
breach of fiduciary duty (Count IV). Defendant has moved to
dismiss all counts pursuant to Fed.R.Civ.P. 12(b)(6). For the
reasons stated below, defendant's motion to dismiss is denied
with respect to Counts I through III, and granted with respect to
Count IV.
Defendant Barry G. Hoyt ("Hoyt") was CEO and director of Asset
Allocation Company ("AAM"), a registered investment advisor that
services small and medium insurance companies. Plaintiff David E.
Ogdon ("Ogdon") was a senior portfolio manager for AAM until he
left on January 1, 2000. A group of investors offered to buy up
to 33% of the existing business for $23,100,000. The lead investor was an entity known as Cenco. In
the first quarter of 2001, Cenco signed a written Stock Purchase
Agreement to purchase up to 33% of an entity that would be
created to own the companies and/or revenue streams of AAM and
its affiliated companies. Six of eight AAM-related entities were
consolidated to form the entity called Newco. The two other
existing entities, AAM Advisors, Inc. and AAM Convertibles, Inc.,
were S corporations, which could not be purchased by Cenco, a C
corporation, without "adverse consequences." Therefore, all of
the contracts of AAM Advisors, Inc. and AAM Convertibles, Inc.,
were transferred to Newco. In return, AAM Advisors, Inc. and AAM
Convertibles, Inc., received stock in Newco, and that stock
became the sole asset of the two S corporation entities.
Plaintiff and defendant owned 4.6% and 23% of Newco stock,
respectively. Under the Purchase Agreement, Cenco was to purchase
25% of Newco by June 2001 and had a six-month option to purchase
an additional 8.33% of Newco. The purchase price was $700,000 for
each 1% purchased, a 70% premium over "internal valuations." Each
owner of Newco shares could sell an equal percent of his shares
to Cenco.
In April 2001, one month prior to the closing of Cenco's
purchase of 25% of Newco, defendant approached plaintiff about a
"side deal." If plaintiff sold his pro-rata shares to Cenco, he
would be selling some of his S corporation holdings. Defendant
wanted to avoid this because as a shareholder of the S
corporation entities, a sale by plaintiff to Cenco would create a
capital gain for all shareholders of AAM Advisors or AAM
Convertibles and subject defendant to capital gains taxes.
Further, the sale of more than 2.2% of Newco stock from AAM
Advisors by plaintiff to Cenco would present difficulties for
defendant to maintain control of the Board of Directors of Newco. Defendant met with plaintiff on or about April 26, 2001, to
discuss defendant's request. The complaint alleges that plaintiff
and defendant "agreed" that plaintiff would not tender as many
shares as plaintiff was entitled to tender. Defendant promised to
purchase from plaintiff the amount of shares plaintiff would not
be selling to Cenco at the same price promised by Cenco, so that
plaintiff would receive the same deal as if he were selling
directly to Cenco. Based on defendant's assurances at this
meeting, plaintiff did not insist on having an attorney put the
agreement in a formal writing. Following this meeting, plaintiff
sent emails to Mr. Marvogenes and defendant regarding the
specific numbers discussed at the meeting and going through
ownership numbers.
On May 31, 2001, Cenco proceeded with its purchase of 25% of
Newco stock. Plaintiff, in reliance on defendant's promise,
tendered fewer shares of Newco to Cenco than he might have.
Plaintiff sent an email to defendant, Mr. Marvogenes, and Ms.
Richards on June 1, 2001, confirming figures for the side deal
and suggesting June 30th as the date to complete the
transaction. On July 7, 2001, plaintiff sent defendant an email
regarding defendant's failure to purchase plaintiff's shares.
Because Cenco decided to exercise its option to buy an additional
8.33% of Newco, defendant suggested delaying payment until
Cenco's second purchase was complete, along with a second side
deal between plaintiff and defendant. Again, in reliance on
defendant's promise, plaintiff did not tender to Cenco as many
shares as he could have when Cenco purchased the additional 8.33%
of Newco. Defendant has not purchased any of plaintiff's Newco
stock, and has received $833,000 "that should have been paid to
[plaintiff]." DISCUSSION
The purpose of a motion to dismiss under Fed.R.Civ.P.
12(b)(6) is to test the sufficiency of the complaint, not to rule
on its merits. Gibson v. City of Chicago, 910 F.2d 1510, 1520
(7th Cir. 1990). When considering the motion, the court accepts
the factual allegations as true and draws all reasonable
inferences favorable to the plaintiff. Travel All Over the
World, Inc. v. Kingdom of Saudi Arabia, 73 F.3d 1423, 1428 (7th
Cir. 1996).
The consideration of a Rule 12(b)(6) motion is generally
restricted to the pleadings, which include the complaint, any
exhibits attached thereto, and supporting briefs. Thompson v.
Illinois Department of Professional Regulation, 300 F.3d 750,
753 (7th Cir. 2002). Nonetheless, "documents that a defendant
attaches to a motion to dismiss are considered part of the
pleadings if they are referred to in the plaintiff's complaint
and are central to [the] claim." Venture Associates Corp. v.
Zenith Data Systems Corp., 987 F.2d 429, 431 (7th Cir. 1993).
The pleading requirements under Fed.R.Civ.P. 8(a)(2)
necessitate only "a short and plain statement showing the
plaintiff is entitled to relief, the purpose of which is to give
the defendant notice of the claims and the grounds they rest
upon." Thompson, 300 F.3d at 753.
1. Breach of Contract
The elements of breach of contract under Illinois law are, "(1)
an offer and acceptance, (2) consideration, (3) definite and
certain contractual terms, (4) the plaintiff's performance of his
contractual obligations, (5) the defendant's breach of the
contract, and (6) damages resulting from the breach." Green v.
Trinity Int'l Univ., 344 Ill. App.3d 1079, 1085 (Ill.App.2d
Dist. 2003). According to defendant, although negotiations took place with
plaintiff, the parties did not enter into a contract because no
definite and certain contractual terms were agreed upon. The
complaint, however, specifically alleges the acceptance of terms
and figures, as well as assurances that the agreement would be
honored by defendant. Additionally, plaintiff points to specific
details of the financial loss caused by defendant's breach. The
complaint clearly states, "the side-deal was that [defendant]
would purchase from [plaintiff] at the Cenco price
8323%(1.6633%-.831%) of [plaintiff's] Newco stock out of AAM
Advisors or AAM Convertibles immediately after the completion of
Cenco's initial purchase."
Defendant further argues that the existence of an oral contract
must be proved by "clear, convincing and satisfactory evidence."
In re Marriage of Parr, 103 Ill. App.3d 199, 204 (Ill.App.2d
Dist. 1981). While this may be the case, this motion merely tests
the sufficiency of the complaint and not the merits. Gibson,
910 F.2d at 1520. Accordingly, the court denies defendant's
motion to dismiss Count I.
2. Estoppel
To establish a claim based on promissory estoppel under
Illinois law, a "plaintiff must allege and prove that (1)
defendants made an unambiguous promise to plaintiff, (2)
plaintiff relied on such promise, (3) plaintiff's reliance was
expected and foreseeable by defendants, and (4) plaintiff relied
on the promise to its detriment. Plaintiff's reliance must be
reasonable and justifiable." Quake Construction, Inc. v.
American Airlines, Inc., 141 Ill.2d 281, 310 (Ill. 1990)
(citations omitted).
Defendant argues that plaintiff cannot raise this claim because
estoppel cannot exist where there is a contractual relationship
between the parties. This argument ignores a party's right to plead a claim for breach of contract while
simultaneously pleading a claim for promissory estoppel in the
alternative. Fed.R.Civ.P. 8(e)(2) states in relevant part: "A
party may set forth two or more statements of a claim or defense
alternately or hypothetically, either in one count or defense or
in separate counts or defenses," and "a party may also state as
many separate claims or defenses as the party has regardless of
consistency." Plaintiff's claim will not be dismissed for
pleading in the alternative.
Defendant further argues that plaintiff does not sufficiently
plead the elements of estoppel, with emphasis on the ambiguity of
the alleged oral contract and plaintiff's unreasonable reliance
thereon. The complaint alleges that defendant made an unambiguous
promise to pay plaintiff the Cenco price for the shares plaintiff
would decline to tender to Cenco. Additionally, plaintiff's
complaint alleges reliance on defendant's promise, the
foreseeability of such reliance, the detriment incurred through
reliance, and the reasonableness of such reliance. Taking
plaintiff's allegations as true, as this court must on a motion
to dismiss, plaintiff has sufficiently pled the certainty of the
promise, as well as the reasonableness of plaintiff's reliance on
defendant's assurances. Therefore, the court denies defendant's
motion to dismiss Count II.
3. Quantum Meruit
Quantum meruit is a quasi-contract theory that compensates
plaintiffs for acts of unjust enrichment where one party receives
services without giving compensation. Midcoast Aviation, Inc. v.
General Elec. Credit Corp., 907 F.2d 732, 737 (7th Cir. 1990).
To state a claim for quantum meruit, "the plaintiff bears the
burden of establishing: (1) the plaintiff rendered services; (2)
the defendant received the benefit of those services; and (3) the
defendant's retention of those services without giving
compensation in exchange will be unjust." Perini Bldg. Co., Inc. v. Univ. of Chicago, 98 C 1744, 1999 WL 58556,
at *2 (N.D.Ill. Feb. 3, 1999) (citing Midcoast Aviation, Inc.,
907 F.2d at 737).
Defendant argues that plaintiff cannot plead quantum meruit
where there is an actual contract. As stated above, pursuant to
Fed. Civ. P. 8(e)(2), a plaintiff may plead contradictory claims
in the alternative. In addition, defendant states that plaintiff
fails to allege the necessary elements of quantum meruit.
Specifically, defendant claims that the complaint is not clear as
to what benefit defendant received unjustly. The court disagrees.
Plaintiff's complaint alleges that his refusal to tender as many
shares to Cenco as he could have, pursuant to his agreement with
defendant, resulted in both pecuniary and administrative benefits
to defendant. Plaintiff also alleges that defendant's refusal to
pay for services rendered is inequitable. Therefore, the court
denies defendant's motion to dismiss Count III.
4. Breach of Fiduciary Duty
Under Illinois law, a plaintiff may recover for breach of
fiduciary duty where: "(1) a fiduciary duty exists on defendant's
part; (2) the defendant breached that fiduciary duty; and (3)
damages proximately resulted from the breach." Pope v.
Smith-Rothchild Financial Co., 03 C 3335, 2003 WL 21994023
(N.D.Ill. Aug. 21, 2003) (citation omitted).
Defendant argues that the complaint fails to allege a fiduciary
relationship as a matter of law. Plaintiff argues that the nature
of the transaction created a principal-agent or
trustee-beneficiary relationship, where a fiduciary duty exists
as a matter of law. See Prime Leasing, Inc. v. Kendig,
332 Ill. App.3d 300, 313 (Ill.App. 1st Dist. 2002); Paskas v.
Illini Federal Sav. & Loan Ass'n, 109 Ill. App.3d 24, 30,
440 N.E.2d 194, 198 (Ill.App.5th Dist. 1982). The complaint, however, fails to allege any facts to support this
theory. As noted by defendant, such a ruling would mean that any
contract creates a fiduciary relationship.
"A fiduciary relationship and the attendant duties may also
arise as the result of special circumstances of the parties'
relationship, where one party places trust in another so that the
latter gains superiority and influence over the former." Prime
Leasing, Inc. v. Kendig, 332 Ill. App.3d 300, 313 (Ill.App.
1st Dist. 2002). Plaintiff's complaint alleges no such "special
circumstances." Instead, plaintiff merely asserts that "because
of the relationships, promises and actions alleged above,
[defendant] owed fiduciary duties to [plaintiff]." The facts do
not describe a fiduciary duty. Plaintiff and defendant were both
sophisticated shareholders conducting a business transaction at
arms length. This district has previously held, "a contractual
relationship alone does not normally create a fiduciary duty."
Pope v. Smith-Rothchild Financial Co., 03 C 3335, 2003 WL
22889377 (N.D.Ill. Dec. 5, 2003) (citing Oil Express Nat'l, Inc.
v. Latos, 966 F. Supp. 650, 650-51 (N.D.Ill. 1997)). Moreover,
the facts do not suggest defendant gained any superiority over
plaintiff. Therefore, because plaintiff has not sufficiently pled
the existence of a fiduciary duty, the court grants defendant's
motion to dismiss Count IV.
5. Attorney Fees and Prejudgment Interest
Defendant's motion to dismiss alleges that plaintiff's
complaint asserts no basis for awarding attorney fees. Without
reaching the merits of this claim, the court finds any ruling on
this issue to be premature.
Plaintiff's response to defendant's motion to dismiss asserts a
claim for prejudgment interest. Here, too, the court finds any
ruling on this issue to be premature. CONCLUSION
For the reasons stated herein, defendant's motion to dismiss is
denied with respect to Counts I through III, and granted with
respect to Count IV.
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text:
Terrigen Mist
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|Terrigen Mist
|Appeared in
|Agents of S.H.I.E.L.D.
The Terrigen Mist is a substance that is released from the Terrigen Crystals.
Agents of S.H.I.E.L.D.
"What They Become"
The Diviner's activation released a small burst of Terrigen Mist that caused Skye and Raina to undergo Terrigenesis.
"Who You Really Are"
Vin-Tak a Kree warrior mentioned to Phil Coulson and his team that the Inhumans were one of the experiments done by a rogue faction of the Kree and that the Diviners hid the Terrigen Crystals used for the Terrigenesis.
"One of Us"
To be added
"One Door Closes"
To be added
To be added
To be added
To be added
"S.O.S. Part Two"
To be added
"Devils You Know"
To be added
"Chaos Theory"
To be added
- Marvel Cinematic Universe (1 TV series)
- Agents of S.H.I.E.L.D.
- Season 2
- "What They Become" (First appearance)
- "Aftershocks" (Mentioned only)
- "Who You Really Are" (Mentioned only)
- "One of Us" (Mentioned only)
- "One Door Closes" (Mentioned only)
- "Afterlife" (Mentioned only)
- "Melinda" (Mentioned only)
- "Scars"
- "S.O.S. Part Two"
- Season 3
- "Devils You Know" (Mentioned only)
- "Chaos Theory"
- Season 2
- Agents of S.H.I.E.L.D.
Behind the scenes
To be added
- The Terrigen Mist is a lore in Marvel Comics with a connection to the Inhumans and comes from the Terrigen Crystals.
- In the comics, the Terrigen Mist turn humans into Inhumans by the way of "Terrigenesis".
- In the comics, the Terrigen Mist is capable of restoring the abilities of most de-powered Mutants.
- In the series, the mist doesn't just trigger Inhuman superpowers; in Raina's and Gordon's case it caused their body to change physically.


text:
- on Power Supplies
- Published in issue 7/2011 on page 39
USB Charger using Pedal Power
Keen cyclists will no doubt have sometimes thought that it would be nice to have some kind of on-board power supply to charge a mobile device such as a phone or a satnav while on the road. The circuit described here shows to how this can be achieved quite simply, using power from the bicycle's dynamo and a switching regulator.
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text:
1709 Fulton Drive Ext,Corinth, MS 38834 | Map
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At your Corinth, MS, 115 S Cass Street, Comcast Service Center, you can subscribe to Xfinity Serv... Read More
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Place order with Local Authorized dealer of the company in your town. Read More
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Under Armour Men's CF Force ID 2.0 Soccer Shoes
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text:
Panda Park is the highly anticipated third full-length release by Chicago's 90 Day Men. Destined to appear on most "Best Of" lists for 2004, the band has created an album that crystallizes their growth as artists, maturity as composers, and mastery of the infinite possibilities of sound. This quest for the previously unheard is the driving force behind Panda Park. It matters little whether this park is an actual place or a state of mind; it's the journey into the heart of a dysfunctional utopia that raises the standard for adventurous and exploratory rock music. Quite simply, 90 Day Men are creating music that nods to the past, steals from the future, and sounds like nothing else.
The seven songs that constitute Panda Park take the listener on a dizzying whirl through the past darkly. Most of the songs are built around Andy Lansangan's army of pianos, organs, keyboards, and acid-soaked vintage synths. Brian Case's guitar and Robert Lowe's bass climb like weeds and burrow deep into the earth's core, seemingly at the same time. Drummer Cayce Key's job is to provide a rhythmic latticework for all these far flung sounds to adhere. His spartan yet spacious patterns successfully tether the entire composition. Every note seems plucked from the ether with great delicacy. Dense arrangements that many bands would easily muddle and over-do, the Men meticulously fashion together. With all forces pulling in the same direction, Panda Park is an intoxicating hybrid of Slint's emotional claustrophobia and the grandly flamboyant cabaret of David Bowie's Low and other Berlin-period albums. That description is merely a weak attempt to contextualize what 90 Day Men are doing. The twirling twists of circular keyboard lines conjure images of mid-'70s strobe lit art rock (hello Rick Wakeman!). The expressive vocal work of Andy and Rob soar high above the mix and add another layer of drama to the Panda Park saga. Brian Case takes a more restrained approach to singing, sounding like a young Brian Eno. Even when a song describes a scenario unfolding underwater, the listener is catapulted through the deepest depths of outer space.
It's a quietly grand album full of surprises and hidden corridors. John Congleton (of the Paper Chase) engineered and produced the recording sessions, assisted by Greg Norman and Tim Iseler. Panda Park was recorded during the course of a springtime week in May 2003. Sessions were completed at Steve Albini's Electrical Audio Studios and John McEntire's Soma Studios in Chicago. Congleton's production is fantastic in the truest definition of the word. His ability to arrange all the myriad sounds allows Panda Park to sound like an alternate universe of sonic photo-fantasies.


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Copyright © 2004-2016 Shutterfly, Inc | Tiny Prints | Terms of Use. Designated trademarks and brands are the property of their respective owners.


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- Worldwide Rank #91,591,724
- Follower/Following Ratio 0.34
- Daily New Followers 0
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text:
Ron Sexsmith: When Will He Be Loved? Fine New Album and Documentary Film Could Help
Canadian singer-songwriter Ron Sexsmith has just released a new album and its creation is the subject of a new documentary film.
ShoreFire Media
It's become a cliché for music journalists to write "pity poor Ron Sexsmith" stories about how wonderful the Canadian singer-songwriter is and how it's a crime that he doesn't sell more records.
It's only a cliché because it's true.
With his eleventh studio album, Long Player Late Bloomer, in stores now, Sexsmith marks two decades since his recording debut. Over that time, he's amassed a catalog of sparkling, melodic and lyrically potent songs that can stand toe-to-toe with anyone's in terms of quality, yet he remains virtually unknown outside a devoted cult following.
Yeah, it's a downright shame, but what are you gonna do?
If you're Sexsmith, you might try something drastic -- like making your new record with producer Bob Rock, a fellow Canadian best known for his mega-selling work with Metallica and Motley Crue (but who has also manned the boards for crooner Michael Buble).
Upcoming Events
TicketsMon., Dec. 12, 8:00pm
An Irish Christmas Concert
TicketsTue., Dec. 13, 7:30pm
The Rock Pack
TicketsFri., Dec. 16, 8:00pm
The Word Alive
TicketsSun., Dec. 18, 6:00pm
TicketsWed., Dec. 21, 8:30pm
The results on Long Player Late Bloomer are gorgeous. With top-notch musicians backing him and Rock's undeniable ear for multi-platinum sonics, Sexsmith's songs have never sounder cleaner, more vibrant, better than they do here. As for the quality of the songs themselves, the writer rises to the occasion... or, more accurately, delivers yet another stellar set of tunes.
Sexsmith's greatest gift may be matching his inventive melodies with his keen eye for lyrical details of life's myriad moments. In "Michael And His Dad," a widowed, unemployed father and his young son take time to build a sandcastle at the playground after job hunting and visiting the graveyard.
His lyrics evince an honest melancholy that tethers his bright, soaring melodies to the earth. A perfect example of this is "Believe It When I See It," wherein Sexsmith discloses his lack of faith in a heaven and the human condition ever improving with a sunny chorus that defies you not to sing along. It's that balance of the bitter and the sweet that makes Sexsmith's songs ring so true on this album, and throughout his career (in this writer's humble opinion, his "Snow Angel" may be the best song ever written).
The singer-songwriter would be a rich man if his commercial success matched a fraction of his critical esteem and, yeah, that makes this another "pity poor Ron Sexsmith" story.
That sentiment has been expressed hundreds, if not thousands, of times by now and if it sounds like a broken record to you, imagine how Sexsmith must feel! Or better yet, see for yourself just how he feels in the new documentary film Love Shines, an enormously poignant look at the creation of Long Player Late Bloomer.
Despite effusive on-camera praises sung by songwriting titans Elvis Costello and Steve Earle, Sexsmith and his wife scarcely have two coins to rub together as he begins work on the new disc. Appreciative of the accolades, but ineffably weary of the fact that they've produced little commercial return, his fragile self-confidence is nearly shattered. Meanwhile, producer Bob Rock is stuck between his surname and a hard place, knowing the material is excellent and his production work is first rate, but neither is a guarantor of commercial appeal.
In the end, a stellar album is made... only to be rejected by American major labels as too indie and by indie labels as too mainstream. It eventually comes out, in the US at least, on a tiny, boutique imprint.
And the sad saga goes on...
The fine film was directed by Douglas Arrowsmith who seems to have created a nice cottage industry with excellent documentaries about critically-acclaimed-but-commercially-underappreciated singer-songwriters. His previous film was Memory & Desire: 30 Years in the Wilderness with Stephen Duffy & The Lilac Time.
The American debut of Love Shines happens this month at SXSW. See a trailer for it here.
Long Player Late Bloomer is available now.
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I'm getting married in a year! Less than. The bridal dresses just don't seem to be my style—I want a simple bohemian look similar to Kate Moss' wedding dress, on a budget. Any recs? – Linny B. via Facebook
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Oasis of City! 4000 Sqft Lakeview House in Midtown
From $349 / night
Description from the owner
Description from the owner
Bedrooms: 5/
Bathrooms: 4/
Sleeps: 10/
Type: House
Book this 5 bedroom, 4 bathroom house in Toronto today! A total of 10 people can sleep here comfortably. This property has been booked 8 times.
Travelers are sharing their opinions on this property. It has an overall rating of 2/5 thanks to an average of 2 reviews.
Costs vary, with the average weekly rate as low as $2,443.00, depending on travel dates.
The owner responds to 25% of inquiries, which is lower than average, and last updated the property's calendar 16 months ago, so this rental may not be available for your requested dates, but please inquire to confirm.
Proximity to TripAdvisor's Top Toronto Attractions
Proximity to TripAdvisor's Top Toronto Attractions
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Listen Now Download as mp3 from the show Evolution and Natural Selection
Crystal Falcon, Second Life asked:
Would [the Kitchen Science experiment - seeing that ice melts faster on a metal surface than on a plastic one] apply to dry ice in the same way?
Basically, yes. Dry ice doesnt actually melt. It sublimes straight to a carbon dioxide gas. That takes energy so the more energy you can get into the dry ice the quicker it will sublime into nothing. Something metal will conduct heat much quicker. Its something Ive done in the past. If you get a metal spoon and squash a piece of dry ice then it sublimes much quicker and you get lots of gas given out with a high squeaking noise.
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Houses for Rent in 04013, ME
|47 Listings Found
For rent by owner: Furnished 2 beds, $1599 plus utilities. --- NO PETS --- This two beds, Antique barn frame home,(garage not...
40 Byram Avenue, Freeport, ME, 04032Details »
Contact info: Melissa Kelley Apex luxurious Rentals Furnished Downtown 2 Beds 2 Bat $3,750 mnth Furnished, KEY FEATURES Bedrooms: 2...
43 Park St, Freeport, ME, 04032Details »
Beautifully appointed 3200 sq-ft three beds 2. five bathrooms home with everything included to make your stay all that you need....
95 Sea Spray Reach, Yarmouth, ME, 04096Details »
Enjoy your summer vacation in this charming 3 beds cottage on beautiful Cousins Island. Located on a peaceful dead-end with views of...
80 Shore View Road, Yarmouth, ME, 04096Details »
This sunny oceanfront home in Yarmouth offers three beds, a large yard and an attached two car garage. The expansive windows provide...
57 Sunset Point, Yarmouth, ME, 04096Details »
Beautifully appointed 3200 sq. feet 3 beds 2. five bathrooms home with everything included to make your stay all that you need. Rates:...
Yarmouth, ME, 04096Details »
Enjoy your summer vacation in this charming 3 beds cottage on beautiful Cousins Island. Located on a peaceful dead-end with views of...
Yarmouth, ME, 04096Details »
Architect, Todd Worthley re-design up-to-date fourteen room, four beds 3. five bathrooms New England cape style home in an exclusive...
215 High Head Road, Harpswell, ME, 04079Details »
Recently remodeled Cozy Island 2BD/one BATHROOMs Long Island, ME! - $1,000 2BD/one BATHROOMs Cozy Island getaway available now! Quite...
25 Cove Rd, Long Island, ME, 04050Details »
five Bathrooms on the Desirable Cumberland $3,750 mon Furnished, KEY FEATURES Build in: 1952 Footage: 2670 square feet Bedrooms: 3...
23 Wildwood Boulevard, Cumberland Foreside, ME, 04110Details »
five Bathrooms Cumbe $5,000 mon, KEY FEATURES Bedrooms: 5 Bedrooms Bathrooms: 5. five Bathrooms Parking: 4+ Garage Guest parking Lease...
22 Mary Lane, Cumberland Foreside, ME, 04110Details »
Peaceful convenient area, 2 beds one bathrooms house above two car garage with very large yard. Hardwood 4MJ6ZX floors, tile, and...
74 Jordan Avenue, Brunswick, ME, 04011Details »
three Bedrooms / 2.5 Bathrooms, two level cozy home approximately. 2000 square ft located in a peaceful subdivision in Durham....
Durham, MEDetails »
Small house with two smallish bedrooms and W/D hookup, mowing and plowing included! Storage shed and single car garage. one vehicle...
Topsham, MEDetails »
- Available End of, 995 three beds 2 baths home in Cumberland, ME. Owner pays water sewer. Tenant pays other utilities as well as lawn...
358 Greely Road Extension, Cumberland Center, ME, 04021Details »
RentUntilYouOwn.com is the #1 provider of 04013 Bustins Island, Maine houses for rent listings.
Our goal is to offer the highest quality results, along with helpful 04013 Bustins Island resources and support. We understand that finding genuine houses for rent in 04013 Bustins Island can be very difficult. Even more challenging is trying to search Bustins Island, ME listings for free.
After discovering how difficult it was for 04013 Bustins Island buyers and sellers searching online, RentUntilYouOwn.com has become dedicated to providing users with the most current, accurate, and detailed listings in 04013 Bustins Island, Maine.
If you have any questions or suggestions for improving our site, please contact us here.
Trouble Finding Local Houses for Rent Listings?
If the initial results in 04013 Bustins Island, Maine did not provide any listings of interest, or you just want more selections, click any of the blue tabs just above the search results for more.
Thanks for visiting and good luck!


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Any retail or commercial service if it is worth its salt should be placing a great deal of emphasis on trust and reliability. This ensures that its customers are kept satisfied and certainly helps the business to be sustained during challenging economic circumstances and in competitive arenas. A large metropole such as Toronto thrives under these conditions. The importance of not just trust and reliability, but proper qualifications and the requisite insurance vehicles is essential for essential services, if you will, such as plumbing.
To this end, experience also counts for a lot. A Toronto plumbing company that has had approximately fifteen years experience servicing the Greater Toronto Area and its surrounding regions has these important qualities. If they are not practicing it, a rare occurrence, they will be talking about it. They pledge to their domestic and commercial Toronto clientele that all drainage and plumbing system issues are only handled by qualified, insured and trustworthy technicians.
They also comply consistently with the city's regulations and codes. This is easy for them because they know the infrastructure of the Greater Toronto Area that well. Qualified plumbers, generally fully licensed, is always professional. It goes without saying that insurance is designed to protect both property and its owners. Trust, generally speaking, is earned. Qualified, licensed and experienced plumbers have a keen understanding of routine and regulatory inspections, repair, and maintenance and installation procedures.
They are also regularly up to date with new technologies and industry developments. Safety and adherence to city bylaws and regulations remains paramount. Being fully insured is indicative of taking full responsibility of all work being done. But good advice to property owners comes by way of example, ensuring that all property is fully ensured and full responsibility, whether insured or not, is taken for actions.


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When disaster strikes, families and business owners need someone they can turn to, someone they can trust. In Erie, Peter
Family owned and operated since 1913, Peter
Because of our long history of successfully working with insurance companies and independent adjusters in the Tri-state area, we can provide the delicate balance needed to satisfy the insurance agent, the insured and the insurance adjuster. Peter Hardner & Son will handle any type of insurance claim - large or small.


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Thank you Global Giving donors – with your support, Green Map System has launched a fast fun new Mobile Site Collector today!
Designed to extend engagement and involve new participants in making Open Green Maps, the Collector is a responsive webapp that can be used on smartphones, tablets or on the desktop. It can even be used offline in areas without wifi.
The Collector has both Simplified and Traditional Chinese interfaces! We expect these to be among the most popular of its 13 language options. Residents, visitors, students alike - all can collect great green living sites with ease. Every site is reviewed by the local mapmaker, and each is automatically acknowledged once it's live on the map.
We are delighted that a young Chinese designer made graphics for us and starting today, these are helping to spread the news in the many communities where Green Mapmaking has taken root in Asia and beyond. We invite you to visit GreenMap.org/mobile to download these images, and see all the resources we offer currently to support mobile research and site collection, with more to come!
We'll be announcing the next phase of mobile development soon, and using the hashtag #mobiGreenMap to share what's happening around the world. Thank you again for your help in making this happen!
Interns are vital to the energy and effectiveness of the Green Map movement!
Each year, eight to fifteen interns work with us at the New York office. They include students, emerging professionals and international fellows. Producing new maps and media as well as adaptable tools, interns bring us special insight into world regions and critical issues while they gain valuable skills in sustainability, communications and participatory design.
June 25 • 100% Match Today by YouthSpark!
With your help, we can do more to give back to these future leaders. Starting now, at noon on Weds June 25th, we are eligible for a 100% match for all donations on our Internship Microproject (linked below) in support of our green jobs program and Green Map internships.
Yes! Today only, your tax-deductible gift from $10 to $1,000 will double its impact!
Global Giving offers us opportunities to match donations 4 times a year. July 16 offers a 50% match. YouthSpark offers 100% with bonuses for 24 hours. Both have generous pools but please donate early while funds last. Help us take advantage of this match and watch our impacts grow.
Thank you!!
Hello to our Global Giving donors!
Your support means so much to us and to Chinese Green Map projects and our network around the world. The efforts of each community inspires the others to work harder, more creatively and more inclusively to draw attention to local resources for healthier, more resilient living.
Every community – large and small – benefits from knowing more about the environment that surrounds and supports us. Thank you for helping us work together to instill hope and health through locally-created Green Maps.
Your donations are matched Tomorrow Morning!!
On Wednesday May 7, starting at 9AM EDT (UTC-5) your donation is matched! It's worth 50% more to Green Map System so your $50 becomes $75, your $100 becomes $150.
Please set your clock! By noon, the matching fund pool is empty, so please be sure to give as soon as possible!
This message is linked to our project profile, where you can give a matched donation.
Thanks so very much!
Your generosity means the world to us!
With appreciation from everyone at Green Map!


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Latest Updates
This is the stream of consciousness where there is a streaming list of updates from twitter and comments from the site.
Please sign this petition to stop one of volunteers, Jimmy, from being deported to Uganda #LGBTasylum https://t.co/ibkpGYTPLt
- 14:47 PM Dec 4thviaTwitter
See @LGBTfdn reaction to today's @NHSEngland #PrEP announcement here https://t.co/TfLmoqHXpZ
- 13:10 PM Dec 4thviaTwitter
New chair @sharper76 and four new trustees appointed to LGBT Foundation more info her https://t.co/I3ZgnHvdid https://t.co/CYCSQKivZw
- 12:21 PM Dec 4thviaTwitter
RT @gmpolice: Remember, one glance from the road is all it takes #wrongfortheroad https://t.co/L5tujhpF1L
- 11:50 AM Dec 4thviaTwitter
RT @GeorgeConverses: Great news for England (Well done NAT!). If you want to know what's happening with #PrEP in Scotland - https://t.co/XK…
- 11:44 AM Dec 4thviaTwitter
RT @rubytandoh: blessed by the magic of @LaurenJauregui coming out, i wrote about bisexuality, erasure & refusing to pick a side ???????????? https:…
- 11:41 AM Dec 4thviaTwitter
RT @rubytandoh: blessed by the magic of @LaurenJauregui coming out, i wrote about bisexuality, erasure & refusing to pick a side ???????????? https:…
- 11:38 AM Dec 4thviaTwitter
RT @SurvivorsMcr: Please join us in truly welcoming @steven_walters4 to @SurvivorsMcr as our latest #Ambassador https://t.co/S7SidXReoY
- 11:35 AM Dec 4thviaTwitter
RT @LGBTFdn_Rob: Great day for #HIV prevention in England. #PrEP access so important. This is a big step in right direction! Fab community…
- 11:25 AM Dec 4thviaTwitter
RT @checkemlads: https://t.co/V6kTq29SGO video https://t.co/GB6bWw4ugo
- 10:59 AM Dec 4thviaTwitter
RT @GMFA_UK: It's the last day of our #WorldAIDSDay auction! Pick up something wonderful for Christmas! https://t.co/9Zqy1Ri2qf https://t.c…
- 10:53 AM Dec 4thviaTwitter
@56deanstreet @GMPPrideNetwork @LGBTFdn_Rob @jazzi_boi https://t.co/mjF0rOj249
- 10:47 AM Dec 4thviaTwitter
RT @NAT_AIDS_Trust: BREAKING: NHS England have reached a decision to make #PrEP available in a large-scale trail, which will be a step towa…
- 10:29 AM Dec 4thviaTwitter
RT @NAT_AIDS_Trust: BREAKING NEWS: NHS England have reached a decision to fund a large-scale #PrEP trial. Read our full statement here: ht…
- 10:25 AM Dec 4thviaTwitter
RT @PinkNews: Thousands of men will be able to trial HIV-prevention drugs on the NHS from next year https://t.co/0EGV6pJRJj
- 10:22 AM Dec 4thviaTwitter
@SaliWho https://t.co/kILltOIMjD
- 10:20 AM Dec 4thviaTwitter
RT @GreaterThanAIDS: Let's talk about #PrEP! Get all your Qs answered at https://t.co/VtotXG8dA2. #NHPS
- 10:17 AM Dec 4thviaTwitter
RT @WHO: It's the International Day of Persons w/ #Disabilities Over 1 billion people have some form of #disability https://t.co/06StY6Ylno…
- 10:13 AM Dec 4thviaTwitter
RT @ProfKevinFenton: A breakthrough for #HIV prevention -- Very pleased to see @NHSEngland commitment to phased implementation of #PrEP htt…
- 10:09 AM Dec 4thviaTwitter
RT @ProfKevinFenton: My thoughts on the new national #HIV prevention joint initiative on #PrEP between @NHSEngland and @PHE_uk https://t.co…
- 10:09 AM Dec 4thviaTwitter


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You missed it This great deal for Forever Clean is over. But don't despair, we've got more great deals every day.
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Originally posted on College Spun | Last updated 11/20/13
You can't make this stuff up. Nebraska coach Bo Pelini, during his weekly radio call-in show, was asked by a caller about the fake Twitter handle @FauxPelini, which does an amazing job of constantly trolling the Cornhuskers head man. The social media account famously uses the photo of Pelini holding a cat as its avatar. Pelini acknowledged that he's aware of the account, but that he doesn't know who is behind it. Bo Pelini call-in show update: A fan just asked Bo about @FauxPelini. Real Bo doesn't know who fake Bo is. But "they say he's funny as heck" — Jon Nyatawa (@JonNyatawa) November 21, 2013 "I guess his Twitter thing is me and that cat" — Bo Pelini on @FauxPelini's avatar. … Not sure if that's approval or what — Jon Nyatawa (@JonNyatawa) November 21, 2013 One more real-Bo quote on @FauxPelini (b/c it's hilariously pointless): "From what I understand, he provides a lot of entertainment" — Jon Nyatawa (@JonNyatawa) November 21, 2013 I'm fairly certain that it's the dream of anyone who creates a fake celebrity account to be publicly acknowledged by the target him/herself. In fact, now I'm sure of it. Now I can die in peace — Fake Bo Pelini (@FauxPelini) November 21, 2013
The 22 most iconic college football traditions
PLAYERS: Bo Pelini
TEAMS: Nebraska Cornhuskers
TEAMS: Nebraska Cornhuskers
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J&J: Jack and Jill Went Down a Hill to Reform the Rockefeller Drug Laws…
TH: The Nation's Problem Is Immorality. Hm. Thanks for clearing that up.
CNN: Clever Office Pranks (to Take Your Mind Off the Fact Your Job Makes You Sad)
FOX: US, Russian Will Reduce Number of Nukes (Not the Ones Being Kept Secret of Course)
BBC: Not Even Nice Rich People Pay Taxes: Another Nominee Has Tax Troubles


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Products/Services for Mixed Bed Deionizer Manufacturers
Deionizers - (130 companies)...until it is replaced or recharged by washing in diluted hydrochloric acid for the cation resin and sodium hydroxide for the anion resin. Types. There are two main types of deionizers. Mixed Bed: Mixed bed deionizers will have both anion and cation...Show MoreContinuous Flow RateRemoval ApplicationMarket
Ion Exchange Equipment - (438 companies)...meet high-purity standards for analytical testing. Standards for testing, operating, or installing ion exchange equipment are also available. ASTM D4548 -- Standard test method for anion-cation balance of mixed bed ion-exchange resins. NSF 61...Show More
Ultrapure Water Equipment - (35 companies)...flow rate while the storage tank holds ultrapure water to meet peak demand. The final module of an ultrapure water treatment system consists of a recirculation loop pump, several DI mixed-bed tanks, and an ultraviolet (UV) subsystem. Ultrapure water...Show More
Resins and Compounds - (373 companies)Resins and compounds are used for shape fabrication or bond formation. Types include adhesive, casting, and leveling resins; caulk and grout; and sealants and thread lockers.Show More
Filter Media - (446 companies)...that involves two similar applications of one technology. The first application is water softening, a process that removes ions from water and replaces them with sodium ions and chloride ions. The second application is deionization, a process that removes...Show More
Water Softeners - (232 companies)...of scale inside pipes that can form when using hard water. Differences In Water Softeners. Water softeners differ in terms of complexity and cost. A complete water softener system consists of a small bed of plastic beads or a chemical composition matrix...Show More
Condensate Polishers - (21 companies)Condensate polishers use ionic exchange to remove mineral contaminants that can limit performance and reduce system life in boilers, heat exchangers, HVAC cooling towers, steam turbines, nuclear power plants, and industrial processes.Show More
Hospital Beds - (11 companies)Hospital beds are beds specially designed for hospital patients or for people in need of some form of healthcare. They have special features both for the well-being and comfort of the patient as well as convenience for healthcare workers. Hospital...Show More
Water Filters - (276 companies)...garnet, or other media to remove impurities down to about 1 micron in size. Activated carbon (adsorption) and ion exchange (softening and deionization) techniques address chemicals/gases and dissolved inorganics respectively. Membrane filters capture...Show More
Filter Housings - (115 companies)...and point-of-use filtration. Media filters are designed for these applications: Activated carbon for the removal of chlorine, taste, and odor. Mixed bed DI resin for water purification. Calcite media for neutralization of acidic water. String wound...Show More
Product News
Carrier Vibrating Equipment, Inc.
Conventional Fluid Bed Processors drying, cooling, classifying, sterilizing, etc., in a single unit. Continuous operation or batch. Product is continually mixed to promote uniformity. Easily adaptable to batch or continuous processing. Indirect heat transfer tubes or plates can be immersed in the bed to significantly reduce size and cost of the fluid bed and increase energy efficiency. Efficient heat transfer with low energy consumption. Efficient processing without product degradation; gentle fluidizing action. Vibration can... (read more)Browse Process Dryers Datasheets for Carrier Vibrating Equipment, Inc.
Texas Instruments
MSP430FG662x Mixed-Signal Microcontroller The TI MSP430 family of ultra-low-power microcontrollers consists of several devices featuring different sets of peripherals targeted for various applications. The architecture, combined with five low-power modes, is optimized to achieve extended battery life in portable measurement applications. The device features a powerful 16-bit RISC CPU, 16-bit registers, and constant generators that contribute to maximum code efficiency. The digitally controlled oscillator (DCO) allows the device to wake... (read more)Browse Microcontrollers (MCU) Datasheets for Texas Instruments
Saint-Gobain NorPro
Protect Catalyst Beds with Ceramic Guard Bed Media The growing use of a wider variety of heavy crudes, along with the increasing demand for cleaner fuel products, has accelerated the need for this effective method of catalyst bed protection. More and more refineries are turning to guard bed technologies to meet today's challenges to profitability. A number of factors can cause bed plugging. Most common is "tramp iron," or iron particles collected by the feed from upstream equipment, including pipelines and heat exchangers. Other solid material... (read more)
Harper International Corporation
Fluid Bed Reactors Harper 's fluid bed reactor systems are uniquely manufactured to meet the specific requirements of each customer. Our systems are designed for continuous processing of your advanced material, providing more effective chemical reactions and heat transfer. Fluidized bed equipment is extensively used in coating of particles to obtain products with modified superficial properties at different industrial sectors such as chemical, agricultural, pharmaceutical and food. Harper 's furnace systems... (read more)
Carrier Vibrating Equipment, Inc.
Vibrating Fluid Bed Dryers Carrier vibrating fluid bed dryers are designed to dry and/or cool a variety of products at a wide variation of feed rates. Like conventional fluid bed processors, vibrating fluid bed dryers function by passing a process gas directly through a bed of solids via a perforated plate or another type of fluidizing media. Vibration is added to aid in fluidization of more difficult to fluidize materials. For more information on Fluid Bed Dryers, refer to brochure #16510. Vibrating fluid bed dryers... (read more)Browse Process Dryers Datasheets for Carrier Vibrating Equipment, Inc.
KieTek International, Inc.
Roller bed for wood pallets! Kietek now offers its newest plank design for moving wooden pallets directly loaded on the new plank. The plank is designed to be utilized in all of the KieTek Roller Bed Systems. (Silver Surfer, Fold up, Drop in and permanent) All which can be customized to fit all size Semi-Trailers and Flatbed Trailers. The new plank has other various uses that can be used in Sprinter Vans, Box trucks and even pick-ups. 3 Advantages of a Roller Bed Trailer. A roller bed trailer or truck is a great way... (read more)Browse Pallets Datasheets for KieTek International, Inc.
Omnikote Ltd.
Fluidized Bed Dip Coatings Fluidized Bed Dip Coatings. This method of applying a coating has its limitations, so it is by no means suitable for every job, but it also has some significant advantages and can be used to achieve coatings. which would be diffi cult or impossible by any other means. The material used is most commonly Nylon, although we can apply other thermoplastics. and fusion bonded epoxy using this method. Omnikote has two dip-coating plants, one using conventional fluidized beds and one using... (read more)Browse Finishing and Surface Treatment Services Datasheets for Omnikote Ltd.
KieTek International, Inc.
Trailer Roller Bed Conversion KieTek provides Trailer Roller Bed Systems in three versions: Permanent, Drop In, and Fold Up. The Permanent is plank that is installed to the floor of a trailer. KieTek provides the plank in a kit form with roller cubes and retainers. The Drop In version consists of gates that are laid on the floor of trailers by freight handlers. Two gates make one position and take a matter of minutes to install. Spreader bars and nose piece are used to space and hold positions in place. The Fold Up version... (read more)Browse Ball Transfer Units (BTU) Datasheets for KieTek International, Inc.
KieTek International, Inc.
Trailer Roller Bed Industry Leader in Material Handling Systems & Designs. Product has been battle tested by the air-cargo industry 12 years and counting. Allows a standard passenger van to haul cargo in a matter of minutes. Lightweight system 200-300 pounds depending on van configuration & accessories. Capacity. Whatever your van can legally carry. One person can load and unload van in under 10 minutes with time to spare. Decreases injury risk & lost time accidents due to ease of operation. Requires little to no... (read more)Browse Ball Transfer Units (BTU) Datasheets for KieTek International, Inc.
Pratt & Whitney Measurement Systems, Inc.
Heavy-duty cylindrical bed Supermicrometer (R)Model C measures: Your Precision Parts. Pin & Plug Gages. External Thread Gages. Dial / Test Indicators. Taper Threads - Pipe Threads (API Gages). Dial Bore Gages. Cylindrical Setting Gages. Spheres. Setting Masters / Setting Gauges. Taps, Dies, and Cutting Tools. Gears / Splines. Feeler Gages. Features & Benefits of the External Supermicrometer (R) Model C: Heavy-duty cylindrical bed - Chromium-plated cylinder ensures long life and performance integrity and the rack and pinion drive... (read more)Browse Micrometers Datasheets for Pratt & Whitney Measurement Systems, Inc.
D 1428 - 56 T Tentative Methods of Test for Sodium and Potassium Ions in Industrial Water and Water-Formed Deposits by Flame Photometry
Instructions for the preparation of mixed - bed deionizers are available from manufacturers of ion-exchange resins.
D 1428 - 56 T Tentative Methods of Test for Sodium and Potassium Ions in Industrial Water and Water-Formed Deposits by Flame Photometry
Instructions for the preparatio n of mixed - bed deionizers are available from manufacturer s of ion-exchange resins.
Harry's Cosmeticology
When the mixed bed requires regeneration this cartridge is simply removed and replaced by a spare one containing fresh resin, the exhausted cartridge being returned to the manufac- turer for regeneration. Depending on the uses to which they are put, cartridge deionizers have several advantages over the self …
Replacement of Renal Function by Dialysis
Chemical disinfection may be performed, according to the manufacturer recommen- dations, using appropriate concentrations of formalde- hyde … The third type of chain shown in Figure 15 consists in a pretreatment system followed by a primary deion- ization ( mixed bed ) then enhancing microbiological quality by final filtration (ultrafiltration or … … recirculated and mixed with the afferent water feeding the deionizer .
Vinyl Acetate/Polyvinyl Acetate
… stream may be burned as fuel in the steam plant or possibly recycled to the VAM manufacturer . Regenerating the mixed bed deionizers results in an aqueous waste stream containing metal salts.
Desalination: Water from Water
While CEDI has been shown to be capable of providing water quality meeting or exceeding that of a regenerable mixed-bed deionizer [44], non-regenerable mixed - bed polishers are still more common in the final DI polishing loop. … above information has been gathered, projection programs provided by the various CEDI module manufacturers can be used …


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Coachella Announces 2017 DatesAs always, the festival will take place on the Polo Grounds in Indio, CA.
G- Eazy And Snoop Dogg Make Special Appearance At Stagecoach [PIC/VIDEO]Sam Hunt is a country singer who is known for his rap-like lyrics and singing style. Over the weekend, he performed at Stagecoach which is like the country Coachella and he brought out some amazing guests.
N.W.A Reunites At Coachella [VIDEO]Is anyone else sad they didn't make it to Coachella this year? So many huge performances not to mention a huge reunion that everyone has been waiting for.
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|This is a discussion on 100NL FR: triple-barrel on paired 3flush board within the online poker forums, in the Cash Game Hand Analysis section; omg i've almost cleared this stars bonus. villain is 28/9, 40% fold to cbet, 20% WTSD over ~100 hands he calls flop quickly and calls turn
100NL FR: triple-barrel on paired 3flush board
omg i've almost cleared this stars bonus. villain is 28/9, 40% fold to cbet, 20% WTSD over ~100 hands
he calls flop quickly and calls turn almost as fast
Poker Stars, $0.50/$1 NL Hold'em Cash Game, 8 Players
Hand History Converter by Stoxpoker (http://www.stoxpoker.com/)
Hero (MP1): $106.30 (106.3 bb)
MP2: $101.50 (101.5 bb)
MP3: $162.55 (162.6 bb)
CO: $165.60 (165.6 bb)
BTN: $111.20 (111.2 bb)
SB: $106.15 (106.2 bb)
BB: $20 (20 bb)
UTG+1: $124.60 (124.6 bb)
Pre-Flop: Hero is MP1 with T A
UTG+1 folds, Hero raises to $3, 3 folds, BTN calls $3, 2 folds
Flop: ($7.50) K 3 K (2 players)
Hero bets $6, BTN calls $6
Turn: ($19.50) 5 (2 players)
Hero bets $14, BTN calls $14
River: ($47.50) 8 (2 players)
Hero bets $32
im not sure what the question but i would have put him on either a3 on the flop or a flush draw. either way i would not have seen a reason to bluff specifically but i wasnt there so to each his own. but he would probably call to the river with a 3 if you have been playing loose.
If villain was good, I'd like the fact that he snap called better. Plus, I think if you're going to bluff this board, you need to fire all 3, as most villains will call 2 streets, but then give you credit for a king on the last one.
The river card is just such a total blank, and I think I'd like a bigger bet there on the river. I think this is sorta bad with the player being loose, plus the board not really co-operating. Its probably thin, and high variance if it is good. But I certainly don't think its spew. I think I'd like firing 2 a lot less.
Plus we have non-negligable showdown value with ace high as well. Do you have an aggression frequency or factor number?
I give up on this river I think. Villain is a calling station and the board is not super scary, so he's calling you down with most pp's I suspect. The only stat
that makes interesting readin is that his wtsd is quite low, so I can undestand the urge to t/barrel. But the sample is still quite small so not sure that its totally relevent. Given the board I think it's a chk on the river.
re: Poker & 100NL FR: triple-barrel on paired 3flush board
Im a bit of a nit when it comes to these spots as well, I check the river as well. I dont think its spew either by the way, the triple barrel here looks so much like a king that he may give up on the river. Turn call might be something as simple as picking up a backdoor flush draw, to go with a hand like A3s, we can usually expect a king to raise.
WTSD stat is interesting here though, it is very very low, and triple barrling can likely show a nice profit in the long term against this guy.
I've noticed that passive fish in this spot won't raise a K on the turn a lot of the time because of the flush on the board and sometimes won't even raise the flush because they are scared of the boat. Can't count the number of times recently that I've 3barreled trips on a 3 flush board and got flat called on the flop with a flush draw and flatted on the turn and river with the flush.
I don't think you're folding out much here with the 3rd barrel. Maybe a picked up backdoor flush draw but thats about it.
I don't like banking my decisions on timing tells too much. In general when I'm barreling, I have to represent a whole lot more than a flush or trips as people just don't believe me. I'm obv much more inclined to bet a Q/J turn than a blank club.
His wtsd is enticingly low; I don't hate it, but I've run tons of triple barrels on bad boards like this and in my experience they just don't fold often enough.
I still think the WTSD stat is pretty useless here after 100 hands. I'd rather see aggression factor, which might actually converge after 100.
And I agree with combuboom that fast calls are hands that see the flop, and plan to call bets. So they either plan on slow playing, or they just don't believe your c-bets. I think I either c-bet this flop, and then try to check the hand down, or fire 3.
If we c-bet once for like 75% of the pot, villain will probably fold close enough to be almost profitable. Then the other times we check down ace high & win, or improve to a pair of T's or A's and win should give us enough value to be profitable. I think firing 2 & shutting down is pretty bad, as players are really willing to call another turn bet with 44-99. If say a Q/J hit the turn, I'd like firing 2 and quitting more.
re: Poker & 100NL FR: triple-barrel on paired 3flush board
okay so i looked and his aggression factor = 2.33
i kinda felt like the turn bet was pretty necessary, just because his fold to c-bet is so low and i think he'll be calling all sorts of A highs on this board. while i do beat a lot of those A highs, i think nowadays most players who aren't super passive postflop are going to fire this turn when checked to a ton if they don't have a pair, and pretty often they'll fire it regardless of if they do or their SD value
If you're going to bet all three I think your river bet needs to be a little bigger (~$40).
i thought someone might suggest that. was going to preemptively say this, but didnt feel like typing more =P
c/r is definitely worth consideration. thing is if i c/r and he calls i'll have no idea where the hell i am because he can call with the bare Ac, certainly Ac2, Ac3, Ac4, and Ac5, and possibly some pairs + club that wouldn't call a river bet once it comes no club. so once he calls i either lose pots checking where i otherwise could have pushed him off a missed FD on the end (probably what i'd do), or i end up spewing a whole stack to him when he has a made hand that won't fold. plus i didn't really gain confidence that he didnt have a flush until his timing on the turn call. it still would be fun though and maybe +EV
also i wouldn't change the river bet size. it's plenty to get him off hands that were looking for a club, nearly as effective as a larger bet vs. small pairs (sometimes more so? depends on the player), i rep a wider range of strong hands this way. $40 looks pretty bluffy iyam
In a spot like this, i actually cbet flop a bit lower, closer to half pot, and then cbet turn a little bigger, closer to pot. I think it represents a K better and gets sufficiently more folds to compensate for the worse bluffing odds.
As played i'm not super fond of a third barrel. It assumes both that there's plenty of pairs or better Aces still in his range AND that he'll fold them to a third barrel. You think that's the case based on timing tells and that's not something i like to rely on, tbh. Anyway, it's possible, and i don't think there's a huge EV difference between giving up and firing the third.
Another way to look at the hand is just to give up on flop. With a villain who looks a lot like a station on your left, it's a good exploitative strategy to give up all marginal hands and valuetown TPTK and better.
Multi-barreling may be +EV too, but it's a lot more tricky to handle properly and higher variance.
re: Poker & 100NL FR: triple-barrel on paired 3flush board
If we were in position, I'd definitely check behind on the river. I figure there are two possibilities. If he has a pair or better, he's calling the river a huge percent of the time. He thought it was good on the turn, so it would require a big change of opinion based on your river bet to get him to fold. On the other hand, he may have called the flop with ace high or an attempt at a float and picked up a flush draw on the turn and decided to see the river. In this case, your AT has decent showdown value. Either way, the best answer is to check.
However, we're out of position, so it's much trickier. You might risk checking and hope he doesn't try to bluff you with a weaker high card. If you're going to bet, I don't think it has to be a very big bet. You're trying to block him from bluffing and fold out unimproved draws that are better high cards. That shouldn't take a big bet to do. So then when he does call you with a better hand, you lose less.
It may be the case that he has a pair he's not too confident in, but he called the turn only because he picked up a flush draw. In that case, betting is far better than checking, but I still don't think it has to be a big bet. I'd try to make it look like a value bet with AA, QQ, or JJ.
So I think I'm slightly leaning towards a small to medium sized value bet, but checking out is pretty close behind.
also i think you guys are generally overestimating how much a typical bad-ish, loose-but-not-absurdly-so player is calling 3 barrels with a small pair of some sort. if it were that easy to get 3 barrels called on scary boards by small pairs against any not-so-good player, i think all of our win rates would be a lot higher. the games just aren't that easy these days. even the players who aren't technically sound can find folds when you show tons of strength. so while he's calling the river with his pairs a decent chunk of the time, i guess i just don't agree with the sentiment that it's going to be a huge percentage


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August 19, 2009
KENNETH A. SMITH, PLAINTIFF,v.CDC, ET AL., DEFENDANTS.
Plaintiff is a state prisoner proceeding pro se. He seeks relief pursuant to 42 U.S.C. § 1983 and has requested authority pursuant to 28 U.S.C. § 1915 to proceed in forma pauperis. This proceeding was referred to this court by Local Rule 72-302 pursuant to 28 U.S.C. § 636(b)(1).
Plaintiff has submitted a declaration that makes the showing required by 28 U.S.C. § 1915(a). Accordingly, the request to proceed in forma pauperis will be granted.
Plaintiff is required to pay the statutory filing fee of $350.00 for this action. 28 U.S.C. §§ 1914(a), 1915(b)(1). Plaintiff has been without funds for six months and is currently without funds. Accordingly, the court will not assess an initial partial filing fee. 28 U.S.C. § 1915(b)(1). Plaintiff is obligated to make monthly payments of twenty percent of the preceding month's income credited to plaintiff's prison trust account. These payments shall be collected and forwarded by the appropriate agency to the Clerk of the Court each time the amount in plaintiff's account exceeds $10.00, until the filing fee is paid in full. 28 U.S.C. § 1915(b)(2).
The court is required to screen complaints brought by prisoners seeking relief against a governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally "frivolous or malicious," that fail to state a claim upon which relief may be granted, or that seek monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1),(2).
A claim is legally frivolous when it lacks an arguable basis either in law or in fact. Neitzke v. Williams, 490 U.S. 319, 325 (1989); Franklin v. Murphy, 745 F.2d 1221, 1227-28 (9th Cir. 1984). The court may, therefore, dismiss a claim as frivolous where it is based on an indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 490 U.S. at 327. The critical inquiry is whether a constitutional claim, however inartfully pleaded, has an arguable legal and factual basis. See Jackson v. Arizona, 885 F.2d 639, 640 (9th Cir. 1989); Franklin, 745 F.2d at 1227.
A complaint must contain more than a "formulaic recitation of the elements of a cause of action;" it must contain factual allegations sufficient to "raise a right to relief above the speculative level." Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 127 S.Ct. 1955, 1965 (2007). "The pleading must contain something more...than...a statement of facts that merely creates a suspicion [of] a legally cognizable right of action." Id., quoting 5 C. Wright & A. Miller, Federal Practice and Procedure 1216, pp. 235-235 (3d ed. 2004). "[A] complaint must contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face.'" Ashcroft v. Iqbal, No. 07-1015, 2009 WL 1361536 at * 12 (May 18, 2009) (quoting Twombly, 550 U.S. at 570, 127 S.Ct. 1955). "A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Id.
In reviewing a complaint under this standard, the court must accept as true the allegations of the complaint in question, Hospital Bldg. Co. v. Rex Hospital Trustees, 425 U.S. 738, 740, 96 S.Ct. 1848 (1976), construe the pleading in the light most favorable to the plaintiff, and resolve all doubts in the plaintiff's favor. Jenkins v. McKeithen, 395 U.S. 411, 421, 89 S.Ct. 1843 (1969).
Named as defendants are Vacaville State Prison, R.C.C.C. Mental Health Department, C.M.F. Warden and the Captain of the Correctional Mental Health Care Department. Plaintiff appears to allege that defendants failed to provide him with mental health treatment. As a result of this failure, plaintiff was not released sooner from a sentence he is serving for a parole violation. As relief, plaintiff seeks money damages.
The Eleventh Amendment bars suits brought by private parties against a state or state agency unless the state or the agency consents to such suit. See Quern v. Jordan, 440 U.S. 332, 99 S.Ct. 1139 (1979); Alabama v. Pugh, 438 U.S. 781, 98 S.Ct. 3057 (1978) ( per curiam); Jackson v. Hayakawa, 682 F.2d 1344, 1349-50 (9th Cir. 1982). Although the Eleventh Amendment is not jurisdictional, the court may raise the defect on its own. Wisconsin Department of Corrections v. Schacht, 524 U.S. 381, 389, 118 S.Ct. 2047, 2052 (1998); Edelman v. Jordan, 415 U.S. 651, 677-78, 94 S.Ct. 1347, 1362-1363 (1974). In the instant case, the State of California has not consented to suit. Accordingly, plaintiff's claims against Vacaville State Prison are frivolous and must be dismissed.
It is unclear whether the R.C.C.C. Mental Health Department is an entity that may be sued. For this reason, the claims against this defendant are dismissed with leave to amend so that plaintiff may clarify this matter.
With regard to the remaining defendants and R.C.C.C. Mental Health Department, assuming this defendant may be sued, plaintiff has not specifically linked any defendant to the alleged deprivations.
The Civil Rights Act under which this action was filed provides as follows: Every person who, under color of [state law]... subjects, or causes to be subjected, any citizen of the United States... to the deprivation of any rights, privileges, or immunities secured by the Constitution... shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.
42 U.S.C. § 1983. The statute requires that there be an actual connection or link between the actions of the defendants and the deprivation alleged to have been suffered by plaintiff. See Monell v. Department of Social Servs., 436 U.S. 658 (1978); Rizzo v. Goode, 423 U.S. 362 (1976). "A person 'subjects' another to the deprivation of a constitutional right, within the meaning of § 1983, if he does an affirmative act, participates in another's affirmative acts or omits to perform an act which he is legally required to do that causes the deprivation of which complaint is made." Johnson v. Duffy, 588 F.2d 740, 743 (9th Cir. 1978).
Moreover, supervisory personnel are generally not liable under § 1983 for the actions of their employees under a theory of respondeat superior and, therefore, when a named defendant holds a supervisorial position, the causal link between him and the claimed constitutional violation must be specifically alleged. See Fayle v. Stapley, 607 F.2d 858, 862 (9th Cir. 1979); Mosher v. Saalfeld, 589 F.2d 438, 441 (9th Cir. 1978), cert. denied, 442 U.S. 941 (1979). Vague and conclusory allegations concerning the involvement of official personnel in civil rights violations are not sufficient. See Ivey v. Board of Regents, 673 F.2d 266, 268 (9th Cir. 1982).
Because plaintiff has failed to link these defendants to the alleged deprivations, the claims against them are dismissed with leave to amend.
If plaintiff files an amended complaint, plaintiff should not include any claims against Vacaville State Prison as the claims against this defendant are barred by the Eleventh Amendment.
If plaintiff chooses to amend the complaint, plaintiff must demonstrate how the conditions complained of have resulted in a deprivation of plaintiff's constitutional rights. See Ellis v. Cassidy, 625 F.2d 227 (9th Cir. 1980). Also, the complaint must allege in specific terms how each named defendant is involved. There can be no liability under 42 U.S.C. § 1983 unless there is some affirmative link or connection between a defendant's actions and the claimed deprivation. Rizzo v. Goode, 423 U.S. 362, 96 S.Ct. 598 (1976); May v. Enomoto, 633 F.2d 164, 167 (9th Cir. 1980); Johnson v. Duffy, 588 F.2d 740, 743 (9th Cir. 1978). Furthermore, vague and conclusory allegations of official participation in civil rights violations are not sufficient. See Ivey v. Board of Regents, 673 F.2d 266, 268 (9th Cir. 1982).
In addition, plaintiff is informed that the court cannot refer to a prior pleading in order to make plaintiff's amended complaint complete. Local Rule 15-220 requires that an amended complaint be complete in itself without reference to any prior pleading. This is because, as a general rule, an amended complaint supersedes the original complaint. See Loux v. Rhay, 375 F.2d 55, 57 (9th Cir. 1967). Once plaintiff files an amended complaint, the original pleading no longer serves any function in the case. Therefore, in an amended complaint, as in an original complaint, each claim and the involvement of each defendant must be sufficiently alleged.
In accordance with the above, IT IS HEREBY ORDERED that:
1. Plaintiff's request for leave to proceed in forma pauperis (no. 6) is granted.
2. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. The fee shall be collected and paid in accordance with this court's order to the Director of the California Department of Corrections and Rehabilitation filed concurrently herewith.
3. The complaint is dismissed for the reasons discussed above, with leave to file an amended complaint within thirty days from the date of service of this order. Failure to file an amended complaint will result in a recommendation that the action be dismissed.
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No hunters killed in 2012January 17,2013BENNINGTON Vermonts Department of Fish and Wildlife says no hunters were injured or killed while in the woods last year, the first time in four decades.
Chris Saunders of the department said 2010 had formerly been the lowest on record, with only two incidents.
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