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- RIP, free jazz saxophonist Noah Howard (b. 1943) http://is.gd/eUNp6 #
- Anyone crunched the data from AllMusicGuide (or anywhere else) to see the average arc of ratings of musicians' albums over time? #
- Morning sounds: fridge, hard drive, small hiccups of feeding child, cars. #
- My kid's gonna grow up assuming that fog horns are part of the inherent, natural sound environment. #
- Morning sounds: from the world, fog horns, teen chatter (walking to nearby school), traffic; from the infant, gurgles, cries, sighs, snores. #
- Thanks for the congrats on our brand new baby. That was a great #replies feed to read thru. We're home from the hospital. Mom's doing well. #
- Baby's first fog horn. And second. And third. #
- So many of the creaking doors and other noises in this wing of the hospital are easily mistaken for crying infants. #
- Looks like I will miss the On Land & SFEMF festivals in San Francisco these next weeks. Good excuse: my first child was born Tuesday night. #
- Someday when two people call each other simultaneously (usually back, after dropped calls), the calls will connect and the charges split. #
- The HVAC in this building is such that even though it's high on a hill, it feels like you're in a bunker deep underground. #
- When a persistent jackhammer several blocks away suddenly goes quiet, the first assumption is assault. #
- Not crickets. A mid-day car alarm many, many blocks away. #
- Morning sounds: heater, which sometimes sounds like skateboard; plane, which sometimes sounds like bomb; and dog, which sounds like dog. #
- Attention, coders: @buddhamachine is looking for an #android #developer for a Buddha #app #
- Morning sounds: especially still, as if the sound environment were taking off the final weekend in August, before the school year begins. #
- The clerk at the department store directed me to "seasonal electronics" — now that would be a great name for a netlabel. #
- Listening to review copy of forthcoming Underworld album, Barking. Not a bad soundtrack for a Saturday afternoon. #
- Sold my Electro-Harmonix 2880. Think I'm gonna fiddle, so to speak, with the looper in Ableton for now. #
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5 Most Recent Posts
Current Activities
• October 13, 2016: This day marks the start of the 250th weekly Disquiet Junto project.
• November 16, 2016: I'll be sharing the mic at Adobe Books in San Francisco with my fellow 33 1/3 author Evie Nagy for an evening hosted, from 7pm to 10pm, by Marc Kate (facebook.com).
• December 1, 2016: A likely speaking engagement. Details to come.
• December 13, 2016: This day marks the 20th anniversary of Disquiet.com.
• January 5, 2017: This day marks the 5th anniversary of the Disquiet Junto.
• Ongoing: The Disquiet Junto series of weekly communal music projects explore constraints as a springboard for creativity and productivity. There is a new project each Thursday afternoon (California time), and it is due the following Monday at 11:59pm: disquiet.com/junto.
• My book on Aphex Twin's landmark 1994 album, Selected Ambient Works Vol. II, published as part of the 33 1/3 series, an imprint of Bloomsbury, is now in its second printing. It can be purchased at amazon.com, among other places.
disquiet juntoThe Disquiet Junto is an ongoing weekly collaborative music-making space in which restraints are used as a springboard for creativity. Subscribe to the announcement list at tinyletter.com/disquiet-junto. There is an FAQ. ... These are the 5 most recent weekly projects: • 0258 / Sonic Climate / Express your local weather in sound. • 0257 / Remember Noisevember / Make some noise. • 0256 / Music in Place / Record a short piece of music using the sounds around you. • 0255 / Capone's Ghost / What does the banjo music of the fabled criminal sound like? • 0254 / Fog and Steam / Make music from two provided samples.
... And there is a complete list of projects at disquiet.com/junto.
Tags8-bit app audio-games brands of sounds chiptune classical comics copyleft field-recording film forum-digger free free download gadget generative i-hop IFTTTgram installation ios ipad iphone ipod ipod touch junto listening to yesterday live-performance modular netlabel noise recommended stream remix rock saw2for33third science-fiction score site-maintenance software sound-art sounds-of-brands this week in sound turntablism TV video video-games voice
twitter: @disquiet


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For more about cleaning your home, consider:
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7 Surprising Pantry Items Naturally Clean and Freshen Your Home
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subset: commoncrawl


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- Worldwide Rank #134,551,580
- Follower/Following Ratio 0
- Daily New Followers 0
スイカ Twitter Stats
@0101Web - Tracking スイカ Twitter profile since March 20, 2015
スイカ Tweets
@0101Web has posted 15 tweets in the last 2 days, which translates to an average of 7.5 tweets per day.
スイカ Twitter Followers
@0101Web has 0 followers on Twitter.
This account is #134,551,580 in the worldwide rank of the most popular Twitter users.
スイカ Following on Twitter
@0101Web is following 0 Twitter accounts.
Last month this account followed no users.
スイカ Predictions & Milestones
@0101Web will hit 0 followers in the next 3 months, and 0 in one year.
You are on スイカ's Twitter stats page
We track these Twitter stats since March 20, 2015 . You can see how many followers スイカ lost or gained and what the prediction is for tomorrow or the next 15 days, together with all kinds of other stats like rank compared to all Twitter users, tweets etc.
Why don't you give it a try and compare スイカ to yourself ? Or if you are スイカ get even more feature rich & up-to-date stats with our premium Twitter Stats.
Twitter Counter is the #1 Twitter stats site powered by Twitter. It all started in June 12, 2008 and we grew rather rapidly because of our Twitter Counter badge. The button is a nice small image that shows your visitors how many followers you have on Twitter. Within a year the button was on many many blogs around the world and we displayed more than 100 million buttons in one month. We track follower stats for over 180 million users now.


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Verify the internet address you typed : animal-en-foulies.your-talk.com,
and try again if there is a mistake.
It is possible that the administrator has chosen to delete it.
Great Animal Kaiser English Version : Card List, Card Combination, Fanarts, Tournament, merchandise blog : http: //www. AnimalKaiserSingapore. blogspot. com | fb. com/AnimalKaiserSingapore
The forum for the upcoming animal MMO, including several new and experimental species and a new graphic style.
Find animal help and tips for all of your animals. Animal care tips and forums and a great community to help.
A roleplaying site about animals. With different roleplays and bios for different animals, it's the animal kingdom packed into 1 site. WE NEED MEMBERS PLEASE JOIN!!!
An RP site based off of the popular game series. Animal Crossing RP
This is an Animal Crossing themed forum focused on the series Animal Crossing. This Animal Crossing forum is better than The Bell Tree Forums.
Animal forum is discus about gaming films movies mobile phons computers like entertainment items and come join with us
Welcome! This is a forum where all animal crossing new leaf players can all come together. You can trade, get your dreamies, and play at each other's towns!
Immortal Guardian's is a Spirit animal RPG. Walk through the world of Erda's and become a legend along side your spirit animal. We wish you a safe journey.
Official Animal Island forums.
The community site for the Mighty Animal Kingdom. When not making content for the internet the Animals come here, and invite you all to join them.
A fun RP forum in the world of Animal Crossing
The Call is 14+ new semi-realistic animal based rp, that contains realistic animal behaviors such as territory, packs, mating, and ranks.
Taking what we have and making IT better
Free forum : Einnjoro is a Redwall based Role Playing Forum. Based loosely on Brian Jacques Redwall series, come discover a whole new world waiting for you! We are still under construction at the moment, but are open for registering.


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Ratatat rocks my socks. I mean, seriously, these guys are friggin rediculous live. They must really enjoy performing in Austin too, their show last night at Emo's with Despot and 120 Days was Ratatat's third gig just over the past few months. Their gig at Emo's last September was really good, and then they came back and played a sort-of private show with The Faint at La Zona Rosa that was a bit lackluster. But their return to Emo's last night was a glorious one. The first sign of a good night to come was that they sold the place completely out, that didn't happen in September. I was thankful to have gone by Waterloo on Thursday to pick up my ticket, as a couple of my buddies were denied once they got down to the club in anticipation of just paying at the door.
Despot, an MC from Queens who is featured on the new Mixtape opened the show along with those Norwegians 120 Days. Despot was entertaining, but not anything extremely special. Mostly average beats with a decent flow. 120 Days were also just a bit so-so, except for one song they performed in the middle of the set that the lead singer announced was a world premiere. Whatever that song was called, it jammed. Think Ghostland Observatory meets LCD Soundsystem meets The Knife, somewhere in there.
As for Ratatat, they slayed. Rolling Stone called John Mayer a "guitar god." Meh. I'll take Mike Stroud any day of the week and twice on Sundays. The whole front of the stage, filled with those who had been at the venue since four hours earlier to stake their claim to prime viewing space, came alive as Ratatat tore through their hour-long set. At the end of the encore a few dozen concert goers jumped up on stage to give the guys a little help closing the show. Good times indeed. If things keep progressing the way they have been for Ratatat, then very soon Emo's will not large enough to hold them. I think a spot at the Austin Music Hall with a slightly upgraded light show would be pretty sweet.
Below is a live recording of last night's performance along with the setlist. I had trouble identifying the title of song #6, so if anyone could help me out with that one I would appreciate it.
Ratatat - Live at Emo's April 06, 2007 (59:26)
- Montanita
- Crips
- Lex
- Germany To Germany
- Loud Pipes
- Truman
- Nostrand
- Seventeen Years
- El Pico
- Wildcat
- Cherry
Apr 9 2007 Mercy Lounge - Nashville, Tennessee
Apr 10 2007 The Loft - Atlanta, Georgia
Apr 11 2007 The Social - Orlando, Florida
Apr 12 2007 Common Grounds - Gainesville, Florida
Apr 13 2007 Club Downunder (FSU) - Tallahasse, Florida
Apr 14 2007 Post - Miami, Florida
Apr 16 2007 Cat's Cradle - Carrboro, North Carolina
Apr 17 2007 9:30 Club - Washington D.C.
Apr 18 2007 Webster Hall - New York, New York
Apr 21 2007 Ambassador (w/ CSS) - Dublin
Apr 22 2007 Astoria (w/ CSS) - London
Apr 23 2007 Astoria (w/ CSS) - London
Apr 24 2007 ICA - London
Apr 25 2007 Triptych Festival - Edinburgh
Apr 26 2007 Triptych Festival - Glasgow
Apr 29 2007 Coachella - Indio, California
Ratatat had the Mixtape Vol. 2 cd on sale for the low low price $5, and they even had it on vinyl. I'm assuming you'll be able to order it via Ratatatmusic.com at some point, but for now you'll have to pick it up at a show. Here's a couple of tracks from that one...


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Sorry to necropost, but this looks like the right place to ask.
Is there anywhere to get the raw data from pkgstats? The web page is a bit hard to analyze.
Yes!!! I recently made a project which scrapes the site and outputs the result as a JSON file. (Have updated the wiki at: https://wiki.archlinux.org/index.php/pkgstats with a link to the project.)
You will need to install Haskell, alternatively I've got the JSON file hosted here: http://trycatchchris.co.uk/files/packagestatistics.json. I could look into getting this dockerized, or even hosted and updated accordingly.
Do you have any project in mind for the data?]]>
Hi folks,
I would like to by an USB pen with the arch logo and contribute to arch as well
is it possible to add such items to our Schwag?
You could try adding one of the keyboard Arch stickers at http://www.unixstickers.com/tag/archlinux to your usb.]]>
I just clarified with you that this is not a pacman bug.
I'm still not convinced.
Like I said very early on, I did not include a conflict, and therefore pacman cannot do this.
You didn't add a conflict with gdal1 to gdal, but gdal1 always had a conflict with gdal. (It even says: cannot update because gdal1 and gdal are in conflict)
Are you saying that the conflict must be specified in the other direction for pacman to offer you to replace it?
Because that does not explain why it works to partially update gdal1 beforehand. Only the provides is removed then, and i'm saying that, for conflict resolution, pacman should not care about the provides – or the package info in general – of packages which are subject to an update, because that tests for a fictive combination of packages. In fact it – correctly – doesn't do so for dependency resolution, vtk wouldn't pull in gdal if that weren't the case.
If the conflict must be specified in the other direction for conflict resolution to work, then this is a bug if there is no legitimate reason for it. (The legitimate reason is what i'm looking for in this whole discussion)]]>
not everyone follows security mailing lists
https://lists.archlinux.org/pipermail/arch-security/ is not exactly high volume, so I guess those people don't want security info.
You already have somebody listing vulnerabilities and fixing them, all you have to do is read them and follow the suggestions included.
I'll open another thread about Plasma Next.]]>
Please try 4.13 in [testing], if the issue persist then file a bug report. Thanks.
I think korgac isn't being installed?
Thanks, it will be part of korganizer in 4.12.0]]>
New isos released please continue here:
Get them while they're hot!
If anyone has a problem with loading KDE apps because of a soprano error (some lib not found, can't find which error in my history) it is fixed by rebuilding extra/soprano through ABS
No idea about what you mean here. Report a bug if you think our soprano package is bugged.
Closing this thread. KDE 4.11 will get released tomorrow.]]>


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105 Spring Hope Drive Mount Pleasant SC 29466 MLS# 15031599 - Mount Pleasant SC Real Estate
105 Spring Hope Drive - $462,990
Mount Pleasant, SC 29466
Magnolia Village
MLS # 15031599 - Residential Real Estate
This 2-story, 3,106 sf home is in the highly desired community of Mt Pleasant. The master suite offers a separate shower and tub with double vanities or one oversized walk in shower..Your Choice!...plus, you won't believe the size of the closet!...
View the Full Details of this Home for Sale in Mount Pleasant
Schedule a showing of this home
Call 843-225-7007 for info
Please contact us if you have any questions or comments.


text:
Jimmy Kimmel 'Mean Tweets NBA Edition'[VIDEO]
The twittersphere keeps showing the love to famous people.
The twittersphere keeps showing the love to famous people.
This is getting a little ridculous.
This three minute video about mean tweets is more entetaining than Twitter itself.
Why is Maine so ____?
The internet won't help you find weed.
Seriously, Facebook, enough!
Selfies will still invade your online social life in 2014, however they might be cooler.
From 140 pages or more, to 140 characters or less.
The Biebs royally ticked off the house mouse!


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Chalk up another fine performance by Mohawk's men's volleyball team, as it captured the Humber Cup Invitational Tournament in Etobicoke on Saturday (Nov. 3).
The Mountaineers finished preliminary play with a sparkling 9-1 record. The only set they lost was in the final preliminary match, as they split their games with Algonquin of Ottawa.
In semi final play, the Mountaineers swept Nipissing of North bay 25-17, 25-23. They then won the title, rallying for a 2-1 verdict against Fanshawe in the gold medal contest. The scores were 21-25, 25-11, 15-12.
Mohawk had a perfect 3-0 match record to start preliminary play on Friday. The Mountaineers opened with a 2-0 win over Durham. The scores were 25-21, 25-18. Mohawk then swept Seneca 25-20, 25-7 and finished off with a 25-14, 25-17 decision over Loyalist.
Jasmin Cull of Mohawk was the tournament MVP and team mate Steve Pawelczyk was selected to the All-Star Team.
On the women's side, Mohawk went 8-2 in the prelims, but then bowed in straight games, 20-25, 24-26 to host Humber in the semis. The Hawks went on to defeat Nipissing 2-1 for the championship.
The women team had only one blemish on their opening day record as they drew 1-1 with Durham in their opening match. Mohawk took the first game 27-25, but the Lords bounced back 25-17. They finished the day by downing Seneca 25-11, 25-14 and Loyalist 25-18, 25-15.
Mohawk's Leah Waxman was named to the All-Star Team.


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Fat loss results without the gym. Yes, you don't need the gym to achieve your weight loss goals. Yes, the gym is one of my favorite places to work out, I'm not trying to give it a bad name, but some days you just don't have the time to drive to the gym, there's just too much to do. You know these days, the ones that you are SO busy you barely have time to breathe. These are usually the days that we would skip the gym because we feel like we just don't have the time. However, you don't have to go to the gym to get a solid workout in. You can get a great fat burning workout in your own home - no weights required.
Body weight workouts are the answer. How?
- With no weights required you can do these workouts anywhere anytime; right from your own home, while watching TV, folding laundry, making dinner, or doing homework.
- Bodyweight workouts target every muscle group �" toning each muscle and helping to increase your metabolism.
- They don't take very long. If you don't have a lot of time to commit to working out �" no problem! If you only have five minutes for your workout, just increase the rate of your exercises and decrease the amount of rest you have. This is beneficial in SO many ways �" it ensures you didn't miss your workout, increases your heart rate, increases your metabolism and therefore increases your weight loss!
What are some body weight exercises?
I'll give you a quick set to do right now, as soon as you finish reading to ensure you start losing weight right away!
Jump Squats - 3 sets of 15 reps
Pushups �" 3 sets of 10 reps
Lunges �" 3 sets of 15 reps
Plank �" 3 sets, hold for 1 minute
There are SO many great benefits to body weight workouts, that there is no excuse for you to miss your workout! Want more bodyweight exercises? Check out some of my favorite flat stomach workout videos.
For more "No Equipment Workouts" check out Diet.com's Fitness Videos


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Details of this Paper
26. Major Manuscripts, Inc. does not...
26. Major Manuscripts, Inc. does not want to incur any additional external financing. The dividend payout ratio is constant. What is the firm's maximum rate of growth? A. 7.44 percent B. 7.78 percent C. 9.26 percent D. 9.75 percent E. 10.90 percent 27. What are the pro forma retained earnings for next year if Fake Stone, Inc. grows at a rate of 2.5 percent and both the profit margin and the dividend payout ratio remain constant? A. $4,946.90 B. $5,023.10 C. $5,592.20 D. $5,920.67 E. $6,293.30 28. Wagner Industrial Motors, which is currently operating at full capacity, has sales of $29,000, current assets of $1,600, current liabilities of $1,200, net fixed assets of $27,500, and a 5 percent profit margin. The firm has no long-term debt and does not plan on acquiring any. The firm does not pay any dividends. Sales are expected to increase by 4.5 percent next year. If all assets, short-term liabilities, and costs vary directly with sales, how much additional equity financing is required for next year? A. -$259.75 B. -$201.19 C. $967.30 D. $1,099.08 E. $1,515.25
Paper#8632 | Written in 18-Jul-2015Price : $25


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At EDCCollective, you will find eclectic choices ranging from handcrafted and vintage jewelry and accessories to photographic art as matted prints, note cards and bookmarks to home decor. If you love flying pigs, math, science or music, check out my other shop EclecticSkeptic.etsy.com .
Custom orders are welcome. Are you looking for something special and didn't find quite what you wanted in my listed merchandise? Perhaps you found what you wanted, but it wasn't the right color or it was in my sold listings, http://www.etsy.com/shop/EDCCollective/sold . Would you like for me to turn your favorite photos into custom wall art? Please contact me, http://www.etsy.com/convo_new.php?to_username=EDCCollective , and see if I can help. I would also love to talk with you about custom projects for your banner, logo or other document design needs.
Thanks for stopping by, enjoy browsing and contact me with any questions you may have. Some of the answers may be in EDC's shop policies, http://www.etsy.com/shop/EDCCollective/policy or profile http://www.etsy.com/people/EDCCollective , so please see them for more details as well as the link below to this shop's "about" page.
At EDCCollective, you will find eclectic choices ranging from handcrafted and vintage jewelry and accessories to photographic art as matted prints, note cards and bookmarks to home decor. If you love flying pigs, math, science or music, check out my other shop EclecticSkeptic.etsy.com .
Custom orders are welcome. Are you looking for something special and didn't find quite what you wanted in my listed merchandise? Perhaps you found what you wanted, but it wasn't the right color or it was in my sold listings, http://www.etsy.com/shop/EDCCollective/sold . Would you like for me to turn your favorite photos into custom wall art? Please contact me, http://www.etsy.com/convo_new.php?to_username=EDCCollective , and see if I can help. I would also love to talk with you about custom projects for your banner, logo or other document design needs.
Thanks for stopping by, enjoy browsing and contact me with any questions you may have. Some of the answers may be in EDC's shop policies, http://www.etsy.com/shop/EDCCollective/policy or profile http://www.etsy.com/people/EDCCollective , so please see them for more details as well as the link below to this shop's "about" page.
pbrewerprout on Nov 15, 2016
Nicely made, and work very well as a sleeve pin. Arrived quickly. Thank you!
Brenda Nicholas on Sep 22, 2016
Jewelry, Accessories, Feathers, Photographic Art and Wood Decor
EDCCollective (EDC stands for EclecticDesignChoices) began as a mother-daughter collaboration. My mom, our main collector passed away in Nov. of '09. While the mix of items listed has changed some since then, I continue to offer quality hand crafted items as well as a small selection of vintage collectibles.
My hand crafted jewelry contains an eclectic range of materials including gemstones, crystal, glass, brass, repurposed materials, wood, freshwater pearls, and feathers. I enjoy creating a wide range of styles and custom work is encouraged. The components for each creation are chosen for their individual beauty and combined appeal. While the majority of my listed pieces are silver or gold plated, I'd be happy to work with you to create a piece for you using sterling, GF or 14K gold. Niobium ear wires are also available for anyone with a metal sensitivity. Convo me to discuss the possibilities, http://www.etsy.com/convo_new.php?to_username=EDCCollective .
Photographic art of nature in all its original splendor or digitally altered for a totally new look is also found in my offerings. These images begin when I snap the original photo that is the basis for my photographic art creations. I love how this art form allows me to combine my experiences with pure photography and painting. Original and digitally altered images are available matted in a variety of sizes for your wall as well as on note cards, bookmarks, purse hangers and more. Custom work is also available in this area.
Most of my photographic art images are printed in house. I have branched out however beyond what I can print on my printers and have partnered with others who can print my photographic art images on metal, canvas and heavy card stock note cards. If one of my creations involves one of these partnerships I will state that in my listing, otherwise the printing has been done by me. For a look at the breadth of my ready to hang photographic art on metal or gallery wrapped canvas please see my facebook photo album https://www.facebook.com/media/set/?set=a.10152353206606538.1073741828.318969466537&type=3 . If you see something in this album that you are interested in that is not currently listed please convo me, http://www.etsy.com/convo_new.php?to_username=EDCCollective , and I will let you know its current availability.
Additional home decor items include pieces made from tree parts otherwise destined for the landfill. These items include clocks, vases and candle holders.
More information about the inspiration behind my jewelry and photographic art creations can be found on my "custom" tab at the top of my blog along with the recognition some of my pieces have received in my "awards" tab. (See related links below.)
Please read my shop policies, http://www.etsy.com/shop/EDCCollective/policy?ref=shopinfo_policies_leftnav , for information regarding my customer service.
Shop members
Owner, Creator, Curator
My hands transform the images in my mind into the creations I carry in my shop (except the vintage ones, which I curate). My two (right) hands model a completed custom bracelet order above after I digitally manipulated two previous photos of mine.
a family owned printing company
United States
I appreciate this company's passion for what they do, quality papers and printing and earth-friendly manufacturing processes. They print my heavy card stock note cards that I then fold and package as boxed sets.
a printing service
United States
This printing service expertly prints my photographic art images onto gallery wrapped canvases that I add a hanging wire to after inspecting each print.
a printing service
United States
This printing service skillfully prints my photographic art images onto a metal sheet that I add blocks and a wire to the back of for hanging, after inspecting each print.
Find EDCCollective at the following upcoming market!
Texas Christkindl Market
Globe Life Park in Arlington, 1000 Ballpark Way
Arlington, TX
Nov 25–Dec 23
Inspired by a cherished German tradition, the Texas Christkindl Market in Arlington, TX is one of the largest open-air holiday markets in the Southwest. Nestled next to Globe Life Park (Road to Six Flags and Nolan Ryan Expressway), this family-friendly market features a unique shopping experience for gifts and holiday decorations along with authentic German cuisine, holiday beverages, live entertainment, children's activities, and much more! (Opening day Nov. 25th hours are 5-8pm.)
Shop policies
***Please read through my shop policies, your purchase means you agree to the terms and conditions herein.***
Accepted payment methods
- Accepts Etsy gift cards
Items shipped to a Texas address will have 8.25% added for sales tax when you check out.
If you are interested in purchasing from my shop but are unable to pay right away, please contact me, http://www.etsy.com/convo_new.php?to_username=EDCCollective , to see if I can make arrangements to reserve the item for you.
Please double check that your shipping address is current when you check out as it is your responsibility to provide me with the correct mailing address. Any packages sent to the listed shipping address and returned will result in either an invoice sent to you for the additional postage to reship or a cancellation of the transaction with refund, less the original shipping cost.
Standard shipping for most items is USPS First Class mail with delivery confirmation or USPS First Class International Mail. International shipping for other than paper items includes third party insurance. Shipping charges for multiple items purchased together can be found when items are placed in your cart. Expedited shipping or other shipping options may be available if you contact me before placing your purchase. Please note that USPS does not guarantee delivery times for first class or priority mail, therefore I can not guarantee a delivery date by those methods either.
For shipping to locations not listed below the item please contact me. International shipping will be first class international parcel with third party insurance unless otherwise stated. (Note cards and bookmarks ship without the third party insurance.) Please note that on any items shipped internationally, all taxes such as VAT, customs duties, etc. are the responsibility of the buyer if any apply to your order. If you are uncertain about this, here is a website, that I am not affiliated with, that may help you find out if a particular order will incur customs or tax charges and how much, www.dutycalculator.com/new-import-duty-and-tax-calculation .
I work at being earth friendly, and use recycled shipping materials when appropriate.
Refunds and Exchanges
I prefer not to do returns, but will look at each situation individually. Remember, EDC is not a department store, and many of my items are one of a kind. "Buyer's remorse" returns will not be accepted. Make sure you want the item before purchasing. Returns are possible if the piece you receive was not described accurately in the listing or is damaged in transit. Original shipping costs are only refundable if an item was damaged in transit and proof of damage (photos of packaging and contents) is provided by the customer.
Unless a guaranteed delivery date expedited shipping upgrade was purchased or other previously agreed to conditions were not met by the seller that would negatively effect delivery date were agreed to, delivery date does not establish a basis for a refund.
** You must notify me within 3 days of receiving your purchase for replacement or refund to occur. You are responsible for all return costs, which must include delivery confirmation. Additionally, except for the case of damaged in transit, all items must be returned in their original condition to qualify for a refund of the original purchase price, less the shipping. A refund will be issued promptly after returned items have been received and inspected, per these policies. **
Additional policies and FAQs
Most earrings may be changed to clip-on or pierced as needed. Hypoallergenic niobium ear wires are also available. If the advertised length of a bracelet or necklace isn't perfect for you, adjustments may be able to be made. Please contact me before ordering if any of these conditions apply. (A small up-charge may apply, but I will let you know this up front).
Custom Orders:
I am always happy to discuss custom orders. Convo me, http://www.etsy.com/convo_new.php?to_username=EDCCollective , to discuss the possibilities. Details worked out via convo on custom orders provide the specifications for your finished creation and are accepted by you when you purchase the custom listing that I will create for you. This includes, but is not limited to, any nonrefundable down payment or full prepayment required. All custom order sales are final and not eligible for refunds or exchanges unless the item is damaged in shipping or is proven not to match the specifications worked out on the item before purchase or any subsequent change orders.
Wholesale & Consignment:
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- November 6: Infiniti Q50S Brake Pad Problems Lead to Lawsuit news | 26 days ago
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Fry seeks independence after quitting Lehman
A top UK dealmaker has expressed concerns over the advice given by integrated investment banks after joining an independent mergers and acquisitions firm as a senior managing director.
Anthony Fry, the former head of UK investment banking at Lehman Brothers who advised the London Stock Exchange on a series of takeover approaches over the past three years, has joined Evercore Partners in London after hearing criticisms of bulge-bracket investment banks by company executives on a management course in the US.
Fry quit Lehman after returning from a management course at Harvard Business School. He said: "In the time I was at Harvard, I was told by countless executives from round the world that what they wanted was independent advice because they felt – however unfairly - that in bulge bracket investment banks advice is often secondary in terms of revenues to other capital markets products."
Fry said he was able to provide conflict-free advice to the LSE because Lehman was corporate broker with no other agenda. He added: "Independent advice - I really think that was valued for example by The London Stock Exchange over the last 3 years where that was exactly what my team was providing - no more, no less."
Fry, who will start work at Evercore next month, joined Lehman Brothers in mid-2004 as head of UK investment banking before becoming a senior adviser at the end of last year following a reshuffle. He previously worked at Credit Suisse and independent investment bank NM Rothschild. He added: "One of the key things that drew me to Evercore is that it's an advice-only boutique that has a strong US presence and which gives me the opportunity to focus entirely on clients - back to my roots at Rothschild."
Evercore's European business was established last year when it bought boutique Braveheart Financial Services for $50m (€39.2m) a day before it opened in August 2006. Braveheart was founded by former JP Morgan bankers Bernard Taylor and Julian Oakley and has expanded rapidly.
Fry is the third senior managing director to join Evercore's European business this year, following the appointments of Ian Ferguson from Merrill Lynch and Edward Banks from JP Morgan Cazenove in September.
Evercore's European business is ranked 65th in M&A, despite bagging multi-billion euro mandates. This year it advised Smiths Aerospace on the €3.7bn ($5bn) sale of its aerospace division to General Electric.
Evercore reported a 65% jump in advisory revenue in the third quarter, which helped it overcome rising compensation costs linked to hiring bankers such as Banks and Ferguson.


text:
The Learning of Greek and Latin, I am told, is going
into disuse in Europe. I know not what their manners and occupations may
call for: but it would be very ill-judged in us to follow their example
in this instance.
--Thomas Jefferson [notes on the state of Virginia, 1781]
I would make them all learn English: and then I would
let the clever ones learn Latin as an honor, and Greek as a Treat.
--Sir Winston Churchill [Roving Commission: My Early Life]
Spring 2016 Course Syllabi:
Latin 202: Intermediate Latin
COLL 100 website: Why Water Matters
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Creating new and fresh products, for small businesses, is what we do. We've look for gaps in the market and aim to help small businesses challenge the status quo.
We call the most liveable city our home. Since 2013 we have been delivering solutions that have changed the lives of many small businesses and organisations.


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Edit Article
How to Be Happy when You Are Grounded
Two Parts:Inside ActivitiesOutside ActivitiesCommunity Q&A
It's hard to feel happy when you're grounded but if you can find things to do that fit within the rules for being grounded, you can at least spend the time feeling happy rather than miserable. This article provides some suggestions for enjoying yourself in place of moping about, and you'll surely come up with some fun ideas of your own to help pass this period of time.
Part 1
Inside Activities
1Play games. It doesn't matter if it is hide-and-seek with your little brother or playing solitaire by yourself. Games will take up at least 15 minutes and they will usually keep you happy and entertained.
2Clean. It doesn't sound like fun but it is time consuming and has a useful result. Maybe your room is a little messy and you can't find your favorite bracelet. Easy fix! Clean your room. Or maybe you want to ride your bike but it is buried with junk in the garage. Bring-bring-bring, it's time for a clean. Clean the garage and see whether you can get some extra allowance for doing so. Cleaning may not be the most fun thing to do but it does have good results.
3Catch up on homework. As with cleaning, it's not the most fun thing to do but it is useful.
- Example: Would you rather spend a hour working on that book report that's due tomorrow and get an A or would you rather spend a hour moping around and getting a F on your book report? Of course, you would do your report and get an A.
4Be silly. Make funny faces in your mirror and try on crazy outfits. Try one of a kind ice-cream creations. Just have fun!
5Find a new hobby. Whether its drawing or poem writing, being grounded allows you to develop them.
- Examples include: Drawing,Writing,Cooking/Baking. ( if you have a printer, print off some colouring (English) pages and spend time colouring them.)
Part 2
Outside Activities
Community Q&A
Ask a Question
200 characters leftSubmit
If this question (or a similar one) is answered twice in this section, please click here to let us know.
- Don't have too much fun or your parents might ground you longer next time.
- Make sure you have learned your lesson. If you don't like having no electronics or no friends over then don't do the thing that got you grounded again. Even if it was worth getting grounded for, don't do it again.
Sources and Citations
Article Info
Categories: Being Grounded | Youth
Thanks to all authors for creating a page that has been read 5,501 times.
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Ubiquitous seeding of supermassive black holes by direct collapse
Version of Record online: 4 SEP 2012
DOI: 10.1111/j.1365-2966.2012.21651.x
© 2012 The Authors Monthly Notices of the Royal Astronomical Society © 2012 RAS
Monthly Notices of the Royal Astronomical Society
Volume 425, Issue 4, pages 2854–2871, 1 October 2012
Additional Information
How to Cite
Agarwal, B., Khochfar, S., Johnson, J. L., Neistein, E., Dalla Vecchia, C. and Livio, M. (2012), Ubiquitous seeding of supermassive black holes by direct collapse. Monthly Notices of the Royal Astronomical Society, 425: 2854–2871. doi: 10.1111/j.1365-2966.2012.21651.x
Publication History
- Issue online: 30 AUG 2012
- Version of Record online: 4 SEP 2012
- Manuscript Accepted: 3 JUL 2012
- Manuscript Received: 2 JUL 2012
Funded by
- US Department of Energy
- Royal Society Joint Projects. Grant Number: JP0869822
- DFG Cluster of Excellence ÔOrigin and Structure of the Universe
- Marie Curie Reintegration. Grant Number: FP7-RG-256573
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New Jersey Superior Court, Appellate Division
December 12, 1997
DANIEL D. O'CONNELL, PLAINTIFF-APPELLANT,v.NEW JERSEY MANUFACTURERS INSURANCE COMPANY AND PARKWAY INSURANCE COMPANY, DEFENDANTS-RESPONDENTS.
On appeal from the Superior Court of New Jersey, Law Division, Union County.
Approved for Publication December 12, 1997.
Before Judges Muir, Jr., Kestin, and Cuff. The opinion of the court was delivered by Muir, Jr., J.A.D.
The opinion of the court was delivered by
We are called upon, for the second time, to resolve plaintiff's entitlement to arbitrate an insurance coverage claim arising out of a January 13, 1994, automobile accident. In New Jersey Mfrs. v. O'Connell, 300 N.J. Super. 1, 692 A.2d 51 (App. Div. 1997) (O'Connell I), we ruled plaintiff was entitled to arbitrate his underinsured motorist (UIM) claim as an insured under NJM's policy. Now, in this declaratory judgment action plaintiff filed more than two years after the accident date, we must resolve the issue of plaintiff's claim for uninsured motorist (UM) coverage for the same accident under policies issued by both NJM and Parkway Insurance Company.
The trial Judge entered judgment dismissing plaintiff's complaint to compel UM arbitration. The Judge concluded, after a plenary hearing, plaintiff failed to prove he made all reasonable efforts to identify the motor vehicle and its owner, or operator, as required by N.J.S.A. 39:6-78. Plaintiff's threshold contention on appeal is that compliance with the statutory requisites is an issue for the arbitrator and not the court. Alternatively, he contends the trial Judge's findings and Conclusions are against the weight of the evidence. We affirm.
On January 13, 1994, O'Connell sustained injuries in a two-car accident. Ann Harpootlian was the driver of the second car. The accident occurred while O'Connell was road testing a 1987 GMC sport utility vehicle (SUV) for his employer, Jim Curley Pontiac-GMC Truck. State Leasing Corporation owned the SUV and had leased it to Hovson's Incorporated. As O'Connell drove the SUV north on Route 9 in Lakewood, Harpootlian's automobile collided with the SUV as she attempted to go south on Route 9 from a gas station driveway. Both drivers acknowledged there was a large truck along the curb in front of the gas station at the time. A police report indicated O'Connell complained of pain, refused medical attention, and drove away in the SUV.
At the time of the accident, O'Connell carried $300,000 in UM insurance coverage for his personal vehicle through Parkway. His policy also provided $300,000 in UIM coverage. Curley Pontiac had insurance, but it provided no UIM coverage to its employees. New Jersey Manufacturers (NJM) insured the GMC with Hovson's, a named insured. The NJM policy provided $1 million UM coverage and $1 million UIM coverage. Hartford Insurance Company insured the alleged tortfeasor, Harpootlian, under a policy with $250,000 liability limits.
On April 27, 1995, Hartford offered O'Connell the full amount of Harpootlian's coverage in return for a release of his claims against Harpootlian. O'Connell's counsel then advised NJM in writing of the offer to settle and O'Connell's intention to accept the offer. See Longworth v. Van Houten, 223 N.J. Super. 174, 538 A.2d 414 (App. Div. 1988). The letter, similar to one sent to Parkway the same date, provided in part:
I know that you are aware that your options are to either permit Mr. O'Connell to accept the third party offer [of Hartford], in which case any right of subrogation has will be extinguished or in the alternative, may pay the $250,000.00 to Mr. O'Connell in return for his right to subrogate to his rights against Harpootlian and Hartford.
The ensuing events relevant to O'Connell I are set out in the reported decision and need not be reiterated here. O'Connell I was precipitated by NJM's December 13, 1995, declaratory judgment complaint that claimed Aubrey v. Harleysville Ins. Co., 140 N.J. 397, 658 A.2d 1246 (1995), precluded plaintiff's entitlement to arbitrate his UIM claim under NJM's policy. On May 24, 1996, the trial Judge entered a judgment which precluded arbitration. O'Connell appealed on June 18, 1996. On April 23, 1997, we ruled arbitration was required.
Shortly before the trial Judge's resolution of O'Connell I, O'Connell's counsel, by letter to NJM's counsel, raised, for the first time, the potential of a UM claim based on the presence of the large truck. In the March 25, 1996, letter, O'Connell's counsel stated, "Please be advised that the claimant O'Connell may be making an uninsured motorist claim under the New Jersey Manufacturers coverage arising out of the accident of January 13, 1994." A May 13, 1996, certification of the New Jersey Department of Transportation disclosed a parking ban on Route 9 at the accident site. Subsequently, both NJM and Parkway rejected O'Connell's claim for UM coverage.
On August 28, 1996, by way of order to show cause, O'Connell commenced this action. The complaint sought a declaratory judgment directing defendants NJM and Parkway to arbitrate the UM claim. The defendants raised various defenses, one of which was O'Connell's failure to make reasonable efforts to identify the driver or owner of the large truck. See Norman v. Selective Ins. Co., 249 N.J. Super. 104, 592 A.2d 24 (App. Div. 1991).
The UM endorsements of both defendants' policies contain similar arbitration clauses. The NJM policy issued to Hovson's in pertinent part provides:
If we and an insured disagree whether the insured is legally entitled to recover damages from the owner or driver of an uninsured motor vehicle. . . or do not agree as to the amount of damages that are recoverable by that insured, then the matter may be arbitrated.
The Parkway policy in pertinent part provided:
If we and an "insured" do not agree:
Whether that person is legally entitled to recover damages under this [UM endorsement]; or
As to the amount of damages;
either party may make a written demand for arbitration.
The endorsements also included parallel standard coverage provisions, which agree to pay compensatory damages to an insured legally entitled to recover from the owner or operator of an uninsured vehicle for bodily injury or property damage sustained. Both policies require an insured to provide prompt notice of a claim.
On the return date of the order to show cause, the trial Judge, relying on Norman, concluded he should hold a hearing on the reasonableness of O'Connell's efforts to ascertain the identity of the owner or driver of the large truck. At the hearing, O'Connell provided his version of the events that led to his belated UM claim. He testified his view of the gas station driveway was blocked by a "red tractor trailer" as he drove north on Route 9. He claimed Harpootlian unexpectedly came out of the driveway and the front of his SUV collided with the left side of her car. Immediately after the accident, O'Connell got out of the SUV. After he spoke with Harpootlian, who had driven her car to the opposite side of Route 9, he returned to the accident site to await the police. As he did so, the tractor trailer drove away. Due to the purported illegible condition of the truck's license plate, he could provide no license plate information other than it was white and out-of-state. He did not indicate whether the truck had any identifying lettering or similar markings. He also did not advise the investigating police officer the tractor trailer had blocked his view of the gas station driveway. Seven and one-half hours after the accident, O'Connell went to Kimball Medical Center. He was released three days later. A close friend of O'Connell's family, an employee at Kimball where O'Connell's mother worked, testified O'Connell told her Harpootlian stated her view of Route 9 was blocked by the large truck. O'Connell testified after his release from the hospital he went back to see if he could locate the tractor trailer at the site of the accident in an effort to identify it, its owner, or its driver. O'Connell did not call Harpootlian as a witness.
In an oral opinion, amplified in writing, the trial Judge ruled against coverage. Rejecting O'Connell's credibility and that of the family friend, the Judge concluded O'Connell did not make any effort to determine the identity of the truck owner or driver because he never viewed the truck as a "potential responsible party." O'Connell appeals the ensuing order dismissing his complaint to compel UM arbitration.
Before turning to the substance of the appeal, we note a procedural anomaly that plaintiff relies upon to claim trial Judge error. The trial Judge handled the case as a summary action. See R. 4:67-1. He conducted a hearing under R. 4:67-5. A summary proceeding is not a summary judgment proceeding. Therefore, references in the order and otherwise to the proceeding as one for summary judgment were inappropriate. More importantly, plaintiff is not entitled to favorable inferences afforded the non-movant in a summary judgment proceeding. Compare Brill v. Guardian Life Ins. Co. of Am., 142 N.J. 520, 666 A.2d 146 (1995). Consequently, plaintiff's reliance on entitlement to favorable inferences is misplaced.
An automobile liability policy issued in this state must provide for UM coverage. The policy must provide the insured shall be legally entitled to recover damages from the operator or owner of an uninsured motor vehicle as that term is defined by N.J.S.A. 39:6-78. See N.J.S.A. 17:28-1.1. The term uninsured motor vehicle means the owner or operator of a vehicle whose identity cannot be ascertained. N.J.S.A. 39:6-78. However, before an insured is entitled to assert an uninsured motorist claim, he or she must prove all reasonable efforts were made to ascertain the identity of the uninsured motor vehicle and the owner or operator of that vehicle and that those efforts were unsuccessful. See N.J.S.A. 39:6-78. The clear purport of the statute is that, as a condition precedent to an insured's entitlement to pursue an uninsured motorist claim, the insured must prove he or she satisfied the statutory prerequisites. See Norman, (supra) , 249 N.J. Super. at 108-09.
Both policies here afforded the insured arbitration of his uninsured motorist claim when there was a dispute as to whether he was legally entitled to recover damages from the driver or owner of the truck which plaintiff alleged qualified as an uninsured motor vehicle. Plaintiff contends those arbitration clauses extend to the issue whether the statutory requisites were satisfied. We disagree.
A coverage determination is an issue to be resolved by the court, not by an arbitrator. See Ohio Cas. Ins. Co. v. Benson, 87 N.J. 191, 194-99, 432 A.2d 905 (1981); Tornatore v. Selective Ins. Co., 302 N.J. Super. 244, 246, 695 A.2d 313 (App. Div. 1997); New Jersey Mfrs. Ins. Co. v. Franklin, 160 N.J. Super. 292, 297, 389 A.2d 980 (App. Div. 1978). Satisfaction of the threshold requisites of N.J.S.A. 39:6-78 is a coverage issue. It is an issue of coverage to be decided by the court, not by the arbitrator, because it determines whether the insured is a covered person for the purposes of the endorsement not whether the endorsement affords coverage to the covered person. See Bocelli v. Hanover Metro Ins. Co., 219 N.J. Super. 6, 9, 529 A.2d 997 (App. Div. 1987). By terms of the policies, an arbitrator has jurisdiction to decide whether the insured is legally entitled to recover damages from the operator or owner of an uninsured motor vehicle. That jurisdiction cannot be invoked until the insured has satisfied the conditions precedent prescribed by N.J.S.A. 39:6-78. If the conditions precedent of the statute are not satisfied, there can be no arbitration. Both policies limit the scope of arbitration to legal entitlement to recover damages from the owner or operator of the uninsured vehicle; neither policy extends arbitration to the scope of coverage. See Ohio Cas. Ins. Co., (supra) , 87 N.J. at 198. Therefore, the trial Judge properly assumed jurisdiction as to whether plaintiff satisfied the statutory requisites.
Finally, our examination of the record satisfies us there is substantial credible evidence, when deference is afforded the trial Judge's credibility determinations, to support the findings and Conclusion that plaintiff failed to satisfy the reasonable effort requisites of N.J.S.A. 39:6-78. See Rova Farms Resort, Inc. v. Investors Ins. Co. of Am., 65 N.J. 474, 484, 323 A.2d 495 (1974). Judge Lawrence Weiss very carefully and logically set forth his findings and Conclusions in his combined opinions. There is nothing in the record before us that suggests any basis for disturbing the judgment that ensued.
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decided: June 2, 1976.
CENTRAL PENN INDUSTRIES, INC.v.COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, (2 CASES)
Appeal from the Order of the Board of Arbitration of Claims in case of Central Penn Industries, Inc. v. Commonwealth of Pennsylvania, Department of Transportation, Docket No. 301.
Stuart J. Moskovitz, Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, and Robert P. Kane, Attorney General, for Commonwealth.
Edward C. First, Jr., with him David B. Disney, and McNees, Wallace & Nurick, for Central Penn Industries.
President Judge Bowman and Judges Crumlish, Jr., Wilkinson, Jr., Mencer, Rogers and Blatt. Judge Kramer did not participate. Opinion by Judge Rogers. Dissenting Opinion by Judge Wilkinson. Judge Blatt joins in this dissent.
[ 25 Pa. Commw. Page 27]
Central Penn Industries, Inc. (hereinafter referred to as Central) under its former name, Central Pennsylvania Quarry, Stripping and Construction Co., entered into a contract with the Commonwealth of Pennsylvania, acting by its Department of Transportation*fn1 (PennDOT), for the construction by Central of seven miles of a separated highway known as I-84. The project was advertised for bidding on March 11, 1966 and for letting on April 15, 1966. Central's bid of $4,013,528.58 was the low bid. The contract was duly awarded to Central which commenced the work on May 9, 1966 and completed it in December of 1968.
The contract was let and bids received on the unit price basis for many items of the work. After the work was completed the Department issued its Notification of Amount of Final Payment showing the total amount due Central to be $3,886,710.93, an amount arrived at by computation of the amount of work actually done with respect to unit price items. Central objected to the Department's computations of the amount of money due with respect to two unit price items -- (1) Class 1 excavation and (2) borrow excavation.
The parties were unable to resolve their differences over the disputed items and Central filed a complaint with the Board of Arbitration of Claims. The Board denied Central any recovery for its claim based upon Class 1 excavation, but awarded Central the amount of $231,240 on its claim with respect to borrow excavation. The Commonwealth has appealed from the action of the Board allowing Central's claim for the borrow excavation, and Central has appealed from the Board's action denying its claim with respect to Class 1 excavation. We have concluded that the Board correctly denied Central's claim for additional compensation
[ 25 Pa. Commw. Page 28]
for Class 1 excavation and that it erred in awarding Central additional compensation for borrow excavation.
Central's Appeal
PennDOT provided bidders with a Soils Profile, which included a Seismic Survey, purporting to show the hardness and elevation of rock. In doing the work Central encountered the top of rock at elevations higher than those indicated on the Soils Profile. This condition required Central to excavate about 500,000 cubic yards of rock in excess of the amount of rock the Soils Profile provided by PennDOT indicated would be present. This unanticipated work, Central says, caused its cost per cubic yard of Class 1 excavation to be 99.2 cents, 9.2 cents more than its bid price of 90 cents. Central's claim was for $249,026.24, the product of multiplying the total of 2,706,807 cubic yards of payable Class 1 excavation times 9.2 cents.
The contract contains the following familiar exculpatory language:
"The contractor further covenants and warrants that he has had sufficient time to examine the site of the work; that he has examined the site of the work; that he has had sufficient time to examine the site of the work to determine the character of the subsurface material and conditions to be encountered; that he is fully aware and knows of the character of the subsurface material and conditions to be encountered; and that he has based the within contract prices on his own independent examination and investigation of the site, subsurface materials, and conditions and has not relied on any subsurface information furnished to him by the Commonwealth of Pennsylvania, Department of Highways."
Central adduced evidence tending to show that the site location in Pike County was woody and not easily accessible and that it was, therefore, impossible to
[ 25 Pa. Commw. Page 29]
make an independent examination of subsoil conditions during the less than one month period between the time it received the bidding documents and the date required for the submission of bids. In fact, Central made no subsoil investigation.
Central bases its case on Pennsylvania Turnpike Commission v. Smith, 350 Pa. 355, 39 A.2d 139 (1944), where it was held that the provision by the Turnpike Commission of inadequate time for investigation and of subsoil information combined with the failure of the Commission to provide subsoil information in its possession showing rock conditions to be different and less favorable for easy excavation, was constructive fraud justifying a recovery of additional costs of excavation. The facts of the instant case are crucially different. There is no evidence here that PennDOT was in possession of any information that the rock elevations were different from those shown on the Soils Profile and Seismic Survey. Furthermore, the contract language relied on by the Commission in Pennsylvania Turnpike Commission v. Smith, supra, was more to the effect that the subsoil information provided was given in good faith and was not to be construed as an agreement that the character of material had been correctly indicated, whereas by the quoted language of the contract in this case, Central expressly covenanted that it had not relied on subsoil information provided by PennDOT in making its bid.
[ 25 Pa. Commw. Page 30]
The case is ruled by the substantially similar cases of Branna Construction Corporation v. West Allegheny Joint School Authority, 430 Pa. 214, 242 A.2d 244 (1968), and Department of Transportation v. Acchioni & Canuso, Inc., 14 Pa. Commonwealth Ct. 596, 324 A.2d 828 (1974), petition for allocatur denied December 19, 1974. In both of the cases cited, it was clearly stated that essential to the holding of Pennsylvania Page 30} Turnpike Commission v. Smith, supra, was the fact of actual misrepresentation of adverse conditions known to the entity inviting bids. It follows that insufficiency of the time allowed for investigation by bidders, standing alone, will not support a claim for extra compensation for unanticipated subsoil conditions. As indicated by Judge Blatt in her opinion in Department of Transportation v. Acchioni & Canuso, Inc., supra, the risk of unanticipated subsoil conditions is always present in projects let on an unclassified basis and one which should be considered by contractors when formulating their bids.
PennDOT'S Appeal
The facts with respect to Central's claim for additional cost of borrow excavation are somewhat unusual and bear a somewhat detailed description. Central's bid for an estimated 330,594 cubic yards of borrow excavation was 68 cents per cubic yard. It claims that it should be paid at the rate of $3.52 per cubic yard for 82,000 cubic yards of granular material required by the specifications to constitute the top one foot of embankments. This granular material was to consist of natural or synthetic mineral aggregates of which at least 65 per cent would be retained in a No. 200 sieve and to be obtained from Class 1, Class 2 or borrow excavation on the project. Central started work in May of 1966. On August 23, 1966, a soil engineer of the Commonwealth reported that materials taken from one location on the site did not pass a test for suitability for use as granular topping material. This information was given to Central which, by letter dated September 26, 1966, asked PennDOT to permit it to form the top foot of embankments of soil as well as granular material. This request was refused. In September and October 1966, PennDOT performed tests of materials taken from the job site at other
[ 25 Pa. Commw. Page 31]
locations which did pass muster as granular material and which was in sufficient quantities to provide the 82,000 cubic yards needed. The Commonwealth neglected and failed to inform Central of these later tests and Central did not become aware that they had been made or of their results until long after it completed the work. Apparently, partially as the result of the first and unsuccessful test, Central went to borrow pits off the site from which it provided the required 82,000 cubic yards of granular topping at a cost, it asserts, of $3.52 per cubic yard. The Board awarded the amount claimed based on the conclusion that the failure of PennDOT to notify the contractor of the successful tests made in September and October of 1966 was a constructive fraud, similar to the failure of the Turnpike Commission to notify bidders of rock conditions known to it and different from those shown in the bidding documents in Pennsylvania Turnpike Commission v. Smith, supra. This would be an appealing thesis were it not for the fact that Central wholly failed to give PennDOT the notice required as a condition precedent to such claim by Section 1.9.9 of the Specifications, which reads as follows:
"Presentation of Contractor's Claims --
Neither the contractor nor the surety shall be entitled to present any claim or claims to the Secretary or to the Board of Arbitration of Claims named in the contract, either during the prosecution of the work or upon completion of the contract, for additional compensation for any work performed which was not covered by the approved drawings, specifications and/or contract, or for any other cause, unless he or it shall have given the Secretary due notice in writing of his or its intention to present such claim or claims as hereinafter designated; provided, however, that the contractor or his surety shall not be
[ 25 Pa. Commw. Page 32]
denied the rights to present any claim which is based on differences in measurements or errors of computations which are not disclosed until preparation of the final certificate.
"The ' due notice in writing ' as required above, must have been given to the Secretary of Highways or the engineer within ten (10) days of the time the contractor performed such work or any portion thereof, should have performed such work or any portion thereof, or was impeded or prevented from doing such work or any portion thereof by the Department of Highways, its authorized representative or anyone else; that is to say the contractor must give due notice in writing within ten (10) days from the inception of the claim as a condition precedent to presenting the claim." (Emphasis in original.)
The writing quoted was not simply a provision tucked away among the many sections of Form 408, Specifications, incorporated by reference to the contract; it was, rather, attached to the signed portion of the contract and would not have been overlooked by any bidder using reasonable care in making the contract or pursuing the work. While, as Central contends, it might have used onsite borrow material at reduced expense if it had known of the successful September and October 1966 tests, so also might PennDOT have provided Central with the information obtained in those tests if it had been alerted by Central's providing it with the notice required by Section 1.9.9. The equities, therefore, are in equipoise -- PennDOT could have spared Central extra expense by care in communicating, and Central might have spared itself the same expense by following the dictates of the contract. In any event, Section 1.9.9 is there,*fn2 and it is not our function to rewrite the contract.
[ 25 Pa. Commw. Page 33]
came to appellee, as pointed out by the majority, long after the completion of the work for which claim is made and was allowed by the Board.
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rebuilt mild built 400 auto good frame floors trunk and body paint looks ok intior
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Collection Civil War Maps
Results: 1-1 of 1 | Refined by: Part of: Civil War Maps Remove Original Format: Maps Remove Part of: Cultural Landscapes Remove Subject: Appomattox County Remove
MapMap of Buckingham & Appomattox counties
Map of Buckingham and Appomattox counties Relief shown by hachures. Shows names of some residents. Drawn on a 3/4-in. grid. Oriented with north to the right. Pen-and-ink mounted on cloth. LC Civil War maps (2nd ed.), H21 LC Land ownership maps, 1227 Available also through the Library of Congress web site as raster image.
- Contributor: Cassell, Charles E. - Campbell, Albert H. (Albert Henry)
- Date: 1863


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Does this restaurant accept reservations?
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Good food, quick service, clean, well run restaurant. Nice complete menu. Family friendly. Long time business breakfast, lunch, dinner. Good value
Even though since their re-opening I've had a few bumps in the food quality, the issues were corrected immediately and they went beyond what they needed to do to correct it. The staff are very friendly and accommodating. Though they are usually very busy, the service is fast. I've been going there for several years and will not hold a...
We went into this restaurant thinking it was another restaurant. This was a mistake which had a very happy ending. Once inside, we decided to stay. It is a family-friendly, family-owned and operated restaurant. Clean, bright and comfy with very friendly, efficient staff. I had an excellent Greek salad, with crisp lettuce, excellent Feta cheese and plenty of anchovies, olives,...
We just love GOP for week-end breakfasts...great coffee....lots of choices and terrific service. Grits have been taken off the menu but you can still order them. We always feel welcomed, never rushed. Reminds me of some great diners I went to as a child...
"G-O-P" has for some time been a generally well-liked place among townies. The service is intentionally warm, and it's all-encompassing menu and ample seating makes it an easy go-to place when you can't make up your mind.
While not every dish is going to wow you, there are a lot of solid offerings and the prices are more than fair....
Dined in for lunch today. Got the lunch special which was tenderloin w/ potatoes and gravy plus a cup of soup. Food was pretty tasteless. Service was decent , my wife ordered some breakfast food - she wasnt that impressed either. Do think we will be back.
Had occasion to be in Bloomington and were looking for a local place for breakfast when we noticed this. Delicious breakfast, good and plentiful coffee and excellent service with a smile from our waitress Diane. Generous portions and very inexpensive. Will definitely return the next time we're in the area.
This is a family restaurant with many Greek choices. The Gyros are wonderful. Serves breakfast, lunch and dinner. Prices are reasonable.
Sunday mornings this place is hopping! Their food is very good, generous portions,and reasonable. The waitresses are very good. It's not the "fanciest" place but a good place to eat.
It's the best Greek type restaurant in BloNo. Being from Chicago, I crave a good great breakfast and this is the bests I've found here. It's very clean. Cons: It's only a little above average food. It's not bad, but it's not fantastic either. All in all, I would recommend you try it. If you haven't had a super amazing...
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United States District Court, S.D. New York
November 8, 2012
FEDERAL HOUSING FINANCE AGENCY, etc., Plaintiff,v.MERRILL LYNCH & CO., et al., Defendants.
Page 275
Philippe Z. Selendy, Kathleen M. Sullivan, Adam M. Abensohn, Jordan A. Goldstein, Quinn Emanuel Urquhart & Sullivan, LLP, New York, NY, for Plaintiff Federal Housing Finance Agency.
Brendan v. Sullivan, Jr., David S. Blatt, Edward J. Bennett, Williams & Connolly LLP, Washington, DC, for Defendants Merrill Lynch & Co., Inc.; MLPF & S Inc.; Merrill Lynch Mortgage Lending, Inc.; Merrill Lynch Mortgage Capital, Inc.; First Franklin Financial Corp.; Merrill Lynch Mortgage Investors, Inc.; Merrill Lynch Government Securities, Inc.
Page 276
Daniel C. Zinman, Neil S. Binder, Richards Kibbe & Orbe LLP, New York, NY, for Defendants Donald C. Han, Matthew Whalen, Brian T. Sullivan, Michael M. McGovern, Donald J. Puglisi, and Paul Park.
DENISE COTE, District Judge.
This is one of sixteen actions currently before this Court in which the Federal Housing Finance Agency (" FHFA" or " the Agency" ), as conservator for Fannie Mae and Freddie Mac (together, the " Government Sponsored Enterprises" or " GSEs" ), alleges misconduct on the part of the nation's largest financial institutions in connection with the offer and sale of certain mortgage-backed securities purchased by the GSEs in the period between 2005 and 2007.[1] As amended, the complaints in each of the FHFA actions assert that the Offering Documents used to market and sell Residential Mortgage-Backed Securities (" RMBS" ) to the GSEs during the relevant period contained material misstatements or omissions with respect to the owner-occupancy status, loan-to-value (" LTV" ) ratio, and underwriting standards that characterized the underlying mortgages.[2] On the basis of these allegations, the complaints assert claims under Sections 11, 12(a)(2), and 15 of the Securities Act of 1933, 15 U.S.C. §§ 77k, l (a)(2), o; the Virginia Securities Act, VA Code Ann. § 13.1-522(A)(ii), (C); and the District of Columbia Securities Act, D.C.Code § 31-5606.05(a)(1)(B), (c). In six of the cases, including this one, the Agency has also asserted claims of fraud and aiding and abetting fraud under the common law of New York State against certain entity defendants (the " Fraud Claim Cases" ). As pleaded, these fraud claims attach to each of the categories of misstatements upon which the plaintiff's securities law claims are based.
The Court has already issued three Opinions addressing motions to dismiss in
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two other cases brought by the FHFA: Federal Housing Finance Agency v. UBS Americas, Inc. et al., 858 F.Supp.2d 306 (S.D.N.Y.2012) (" UBS I " ); Federal Housing Finance Agency v. UBS Americas, Inc., et al., No. 11 Civ. 5201(DLC), 2012 WL 2400263 (S.D.N.Y. June 26, 2012) (" UBS II " ); and Federal Housing Finance Agency v. JPMorgan Chase & Co., et al., 902 F.Supp.2d 476, 11 Civ. 6188(DLC), 2012 WL 5395646 (S.D.N.Y. Nov. 5, 2012) (" Chase " ). Familiarity with those Opinions is assumed; all capitalized terms have the meanings previously assigned to them.
Following this Court's decision of the motion to dismiss in FHFA v. UBS, discovery began in all of the coordinated cases. Pursuant to a June 14 Pretrial Scheduling Order, briefing of defendants' motions to dismiss in the remaining fifteen cases has occurred in two phases, with the motions in this case and the other Fraud Claim Cases becoming fully submitted on October 11, 2012. The motions in the remaining nine cases are scheduled to be fully submitted November 9, 2012. Depositions are to begin in all cases in January 2013, and all fact and expert discovery in this matter, 11 Civ. 6202(DLC), must be concluded by December 6, 2013. Trial in this matter is scheduled to begin on June 2, 2014.
This case concerns 88 RMBS Certificates purchased by the GSEs between September 2005 and October 2007. The Certificates correspond to 72 independent securitizations, each offered for sale pursuant to one of ten shelf registration statements. The lead defendant is Merrill Lynch & Co. (" Merrill" ). Various corporate and individual affiliates of Merrill are also defendants, including individual defendant Donald C. Han, who served as the Treasurer of Merrill Lynch Mortgage Investors, the depositor for 62 of the 72 securitizations. Merrill affiliates also sponsored 60 of the 72 securitizations and served as lead underwriter for all of them.
Pursuant to the June 14 Pretrial Scheduling Order, the defendants jointly moved to dismiss the Amended Complaint on July 13, 2012 (the " Joint Motion" ). Defendant Han filed a separate motion to dismiss, which concerned only the claims against him. The motions were briefed and became fully submitted on October 10, 2012.
The Joint Motion presses several arguments that have been addressed in this Court's previous Opinions in this litigation, taking particular aim at the adequacy of the Agency's fraud allegations. The Court hereby adopts by reference the reasoning and, to the extent they are relevant here, the rulings of those prior Opinions.[3]
As in Chase, the motion to dismiss argues that the FHFA's scienter allegations are insufficient to support its fraud claims. These defendants' footprint in the mortgage-backed securities market differed somewhat from that of the defendants in Chase. Despite this fact and the different allegations that flow from it, however, the Amended Complaint fails and survives in similar fashions. As in Chase, the facts
Page 278
alleged in the Amended Complaint are sufficient to plead fraud with respect to the Offering Materials' representations regarding mortgage-underwriting standards. With respect to the scienter component of FHFA's fraud claims based on LTV and owner-occupancy information, however, the Amended Complaint relies entirely on the disparity between the statistics reported by the defendants and the results of the Agency's own analysis. As explained in Chase, when properly corroborated, such disparities may be sufficient to allege recklessness in support of a fraud claim. But mere negligence in conducting due diligence is not equivalent to reckless disregard of the truth. Chase, 902 F.Supp.2d at 492-94, 2012 WL 5395646, at **12-13. Without additional support, the disparities pointed to by FHFA are insufficient to allege fraudulent intent with the specificity required by Rules 8(a) and 9(b), Fed.R.Civ.P. Accordingly, the defendants' motion to dismiss is granted with respect to the plaintiff's fraud claims based on LTV and owner-occupancy reporting.[4]
The defendants also raise several arguments that were not fully addressed by this Court's prior Opinions. These arguments will be addressed in turn.
I. Allegations Against Defendant Han
Defendant Han's effort to obtain dismissal of the FHFA's allegations against him likewise fails. The Amended Complaint alleges that on August 5, 2005, defendant Merrill Lynch Mortgage Investors (" MLMI" ) filed a shelf registration statement— SEC File Number 333-127233— that Han signed, listing his title as " Treasurer" (the " Initial Registration Statement" ). Twelve days later MLMI filed an amended shelf registration statement under the same file number that omitted Han's name and listed Brian Sullivan, also a defendant in this action, as " Treasurer" (the " Amended Registration Statement" ). Eighteen of the GSE Certificates at issue in this case were marketed using Prospectus Supplements associated with SEC File Number 333-127233. FHFA asserts claims against Han as a maker of false statements in the Prospectus Supplements pursuant to Section 11 and as a control-person pursuant to Section 15 and equivalent state-law provisions.
Han argues that the Initial Registration Statement never became effective and that, consequently, his signature cannot support the plaintiff's Section 11 and control-person allegations with regard to the 18 GSE Certificates, which he claims were issued pursuant to only the Amended Shelf Registration Statement. Section 11 provides that " every person who signed the registration statement" is liable for material misstatements or omissions contained therein. 15 U.S.C. § 77k(a)(1). The presence of an individual's signature on an SEC filing is also sufficient to allege control under the federal securities laws. See In re WorldCom, Inc. Sec. Litig., 294 F.Supp.2d 392, 419 (S.D.N.Y.2003).
The Securities Act and relevant SEC authority establish that the Initial Registration Statement remained in effect even after the filing of the amendment and that, accordingly, FHFA's claims against Han may proceed. The statute imposes
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liability for any material misstatements contained in " any part of the registration statement," 15 U.S.C. § 77k(a), and defines " registration statement" to mean " the statement provided for in section 77f of this title, and includes any amendment thereto and any report, document, or memorandum filed as part of such statement or incorporated therein by reference." § 77k(a). Section 77f of Title 15, in turn, concerns the procedures and fees associated with the filing of an initial registration statement and only addresses the issue of amendment in passing. See 15 U.S.C. §§ 77f(c) & (e)(1). Moreover, SEC regulations prescribe a particular procedure whereby a registrant may withdraw " any registration statement or any amendment or exhibit thereto." 17 C.F.R. § 230.477. The use of the disjunctive indicates that an amendment may be withdrawn while leaving intact the underlying, initial registration statement. See Columbia Gen. Inv. Corp. v. SEC, 265 F.2d 559, 565 (5th Cir.1959) (rejecting the argument that " with the filing of the amendment, the original filing evaporates" ). Indeed, the same regulation separately provides for " withdrawal of an entire registration statement ... before the effective date of the registration statement." 17 C.F.R. § 230.477. But Han does not assert that Merrill followed this procedure with respect to the registration statement that he signed. His motion to dismiss is therefore denied.
Han's argument relies exclusively on SEC Item 512 and cases interpreting it. The regulation provides, in relevant part:
[F]or the purpose of determining any liability under the Securities Act of 1933, each ... post-effective amendment shall be deemed to be a new registration statement relating to the securities offered therein, and the offering of such securities at that time shall be deemed to be the initial bona fide offering thereof.
17 C.F.R. § 229.512(a)(2). As the above-quoted language makes clear, however, Item 512 concerns post-effective amendments, not pre-effective amendments like the one at issue here. In any case, the regulation does not purport to address the issue of whether the filing of an amended registration statement negates the original filing. Rather, as previously explained in this litigation, the purpose of the quoted language is to make clear that post-effective disclosures " restart the clock on Section 11 claims," and avoid a scenario in which " ' purchasers who acquired securities in a shelf offering more than three years after the initial registration would find their § 11 claims barred by the time limits of § 13, even if they bought the securities in reliance on a fraudulent, post-effective amendment to the registration.' " UBS II, 2012 WL 2400263, at **3-4 (quoting Finkel v. Stratton Corp., 962 F.2d 169, 174 (2d Cir.1992)).
II. District of Columbia Blue Sky Claims
The defendants also assert that, in contradistinction to the Securities Act, the District of Columbia's Blue Sky statute requires a plaintiff to allege some element of reliance, even for simple misstatement claims. The statute provides:
A person shall be civilly liable to another person who buys a security if the person ... [o]ffers or sells a security by means of an untrue statement of a material fact or an omission to state a material fact necessary in order to make the statement made, in the light of the circumstances under which made, not misleading, the buyer does not know of the untruth or omission and the offeror or seller does not sustain the burden of proof that the offeror or seller did not know, and in the exercise of reasonable
Page 280
care could not have known, of the untruth or omission.
D.C.Code § 31-5606.05(a)(1)(B).
Nothing in the statute suggests that a plaintiff's reliance on a false statement is an element of the claim. Moreover, courts interpret this provision in accordance with the case law interpreting Section 12(a)(2) of the Securities Act. See, e.g., Hite v. Leeds Weld Equity Partners, 429 F.Supp.2d 110, 114 (D.D.C.2006). That provision does not require a showing of reliance, Rombach v. Chang, 355 F.3d 164, 169 n. 4 (2d Cir.2004), and defendants do not suggest otherwise.
The only authority the defendants cite for their argument that a showing of reliance is necessary under the D.C. statute is Price v. Griffin, 359 A.2d 582, 588 (D.C.1976). But, according to Westlaw, this holding of Price has never been reaffirmed or relied upon by any other court. That is perhaps not surprising given that the decision concerned a version of the D.C. Securities Act that was explicitly repealed in 2000. Securities Act of 2000 at § 804(a), D.C. Law 13-203, 47 DCR 7837.
III. Remedies
Finally, defendants argue that FHFA's demands for rescission and punitive damages are improper and should be stricken. Neither of these arguments has merit.
A. Rescission
Defendants argue that notwithstanding the Court's earlier ruling that these claims are timely under the Securities Act and HERA, the plaintiff's demand for rescission must be stricken because it was not made within a reasonable time of the purchase of the securities. With the exception of its Section 11 claim, the plaintiff explicitly seeks rescission on each of its claims. The standard for awarding such relief, however, may vary depending on whether the source of the right is statutory.
The Securities Act provides that, subject to certain exceptions, any person who violates Section 12(a)(2)
shall be liable ... to the person purchasing such security from him, who may sue ... to recover the consideration paid for such security with interest thereon, less the amount of any income received thereon, upon tender of such security, or for damages if he no longer owns the security.
15 U.S.C. § 77 l (a) (emphasis supplied). The Blue Sky statutes contain substantially identical provisions. See D.C.Code § 31-5606.05(b)(1)(A); VA Code Ann. § 13.1-522(A). As should be plain from the statutory language, where a Section 12(a)(2) plaintiff continues to own the securities in question, her only remedy is to tender the security for repurchase by the seller. Commercial Union Assur. Co. plc v. Milken, 17 F.3d 608, 615 (2d Cir.1994). Although the Securities Act does not use the term, courts generally refer to this remedy as rescission. See, e.g., id. Whether this characterization necessarily implies that the Securities Act remedy is subject to the same equitable defenses that would be available to a plaintiff's demand for rescission in a breach-of-contract action is open to debate, however.
Unlike a breach-of-contract plaintiff, a Securities Act plaintiff's right to rescission is statutorily grounded and does not spring from the inherent discretion of the court to fashion equitable remedies. Cf. In re Cathedral of the Incarnation in Diocese of Long Island, 99 F.3d 66, 69 (2d Cir.1996) (" [C]ourts have some discretion to withhold equitable remedies but no discretion to withhold a remedy required by common law." ). Indeed, in amending the Truth in Lending Act to impose a three-
Page 281
year limitation on consumers' statutory rescission rights, Congress arguably recognized the inapplicability of delay-based equitable defenses where rescission is provided by statute. See 15 U.S.C. § 1635(f); see also Hearing on S. 1630 and S. 914 Before the Subcomm. on Consumer Credit of the S. Comm. on Banking, Housing and Urban Affairs, 93rd Cong. 433 (1973) (statement of the United States Savings & Loan League) (noting that pre-amendment law did " not place a reasonable time limit during which the right of rescission can be exercised" ).
The Supreme Court has also remarked that, under the remedial provisions of Section 12, the purchaser of securities " may keep his securities and reap his profit if the securities perform well during the [one year statute of limitations], but rescind the sale if they do not." Pinter v. Dahl, 486 U.S. 622, 637 n. 13, 108 S.Ct. 2063, 100 L.Ed.2d 658 (1988). The same opinion cited approvingly one commentator's observation that Section 12 " is silent as to possible time limits on the buyer's conduct after discovery of the false statement," and his conclusion that " there being nothing in the section to the contrary, the buyer may do what he pleases so long as he brings suit within the stipulated [limitations] period." Harry Shulman, Civil Liability and the Securities Act, 43 Yale L.J. 227, 246-47 (1933) (cited in Pinter, 486 U.S. at 637 n. 13, 108 S.Ct. 2063).
Moreover, given that the Securities Act makes statutory rescission the exclusive remedy for a Section 12(a)(2) plaintiff who continues to hold the security, it would arguably be absurd to interpret the statute to admit of delay-based defenses to rescission where the plaintiff's underlying action remains timely. See 3 William Blackstone, Commentaries *23 (" [I] t is a general and indisputable rule, that where there is a legal right, there is also a legal remedy ... whenever that right is invaded." ).
Defendants note, however, that at least one district court in this Circuit has concluded that a Securities Act plaintiff may be found to have forfeited her right to rescission where the demand was made after a period of unreasonable delay. See Gannett Co. v. Register Pub'g Co., 428 F.Supp. 818, 827 (D.Conn.1977) (construing Section 10(b) of the Exchange Act and Sections 12(2) and 17 of the Securities Act). It is well established in this Circuit that an " unreasonable delay" defense may be asserted in response to a contract plaintiff's rescission demand, see Ballow Brasted O'Brien & Rusin P.C. v. Logan, 435 F.3d 235, 240 (2d Cir.2006), and at least one Court of Appeals has applied the rule to a demand for relief under the implied cause of action provided by Section 10(b) of the Exchange Act. See Occidental Life Ins. Co. v. Pat Ryan & Assocs., Inc., 496 F.2d 1255, 1268 (4th Cir.1974). But defendants have pointed to no appellate authority that applies the rule where rescission is available by operation of statute. One potentially relevant authority is Straley v. Universal Uranium & Milling Corp., 289 F.2d 370 (9th Cir.1961). In that case, the Court of Appeals for the Ninth Circuit held that although equitable defenses such as laches are not available to defeat a plaintiff's right to rescission under Section 12(a)(2), defenses such as waiver and estoppel may be. Id. at 373-74. Straley, however, is not controlling in this Circuit, and its continued vitality is questionable in light of the Supreme Court's intervening statements in Pinter.
A defendant may certainly interpose a defense of delay to a demand for rescission based on common law fraud. The defendants have not, however, established that the plaintiff's delay in demanding rescission in this case was unreasonable.
Page 282
Their arguments largely rehash those that they and other defendants have made throughout this litigation regarding the plaintiff's failure to bring these cases earlier. But as has been noted in previous Opinions, the plaintiff's failure to bring these cases earlier can be explained by a number of factors, among them the desire to investigate fully prior to filing suit. Given the complexity of these cases and the resources of the parties, it certainly could not be said that any delay was unreasonable as a matter of law.
B. Punitive Damages
The defendants' argument that the punitive damages claim must be stricken does not require extended discussion. New York law, which governs the plaintiff's fraud claims, provides that punitive damages are permitted only where the plaintiff can demonstrate exceptional misconduct, " as when the wrongdoer has acted maliciously, wantonly, or with a recklessness that betokens an improper motive or vindictiveness or has engaged in outrageous or oppressive intentional misconduct or with reckless or wanton disregard of safety or rights." Ross v. Louise Wise Services, Inc., 8 N.Y.3d 478, 836 N.Y.S.2d 509, 868 N.E.2d 189, 196 (2007) (citation omitted). This requirement derives from the fact that the purpose of punitive damages is " not to remedy private wrongs but to vindicate public rights." Rocanova v. Equitable Life Assur. Soc. of U.S., 83 N.Y.2d 603, 612 N.Y.S.2d 339, 634 N.E.2d 940, 943 (1994).
The Amended Complaint adequately supports its demand for punitive damages. FHFA alleges that the defendants acted recklessly by seeking to profit from ever more risky mortgage lending while, at the same time, passing on the risk (and ultimately the losses) associated with these practices to the public via their sale of securities to Fannie Mae and Freddie Mac.[5] FHFA further maintains that the defendants' practices in this regard contributed to a housing crisis that spurred the most severe economic downturn this country has experienced since the Great Depression. These allegations are sufficient to support the plaintiff's demand for punitive damages.
The defendants' September 7 motions to dismiss are granted with respect to the plaintiff's claims of owner-occupancy and LTV-ratio fraud and denied in all other respects.
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Senior Skip Day (2008)
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This is not my type of movie but, really, its really diffficult for me to even begin to possibly imagine how it could be anybody's, even after looking over the 100% reviews. What movie were they watching? I wanted to go to this senior skip party, just so I could get mindlessly drunk & zonked & then gleefully proceed to throw up all over all of them.
Senior Skip Day was a best teen comedy movie ever,i really loved it,i totally got that on dvd,it's just like Dirty Deeds meets New York Minute meets Ferris Bueller's Day Off meets Kids in America meets The New Guy meets Not Another Teen Movie meets John Tucker Must Die meets American Pie.It's a good movie.
These types of movies are getting worse and worse...the casting of Tara Reid as the older sister who had a skip-day party 10 years ago proves my point. This one had its moments and there were hot chicks, but it just wasn't that good.
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