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Part of the show Dreams, Sleep, and The Body Clock
John asked:
What causes narcolepsy?
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It's been more than a month since the USM super wet Gymkhana day. Which i had to retired early due to my faulty E-brake and a leaky clutch pump.
Finally manage to take a short breath from the packed before CNY rush~ I've decided to took out the punctured E-brake fluid line to pass to my friend Melvin to upgrade them to steel braid-ed.
The story of dennis the menace and his mango.
Just another petrol head crazy for tuned old car~ ^^
Monday, February 9, 2015
Fixing the failed hydraulic E-brake.
Posted by Dennis Tan at 5:10 AM No comments:
Labels: ae86, brake hose, brake line, e-brake, hydraulic, mango, power, ryobi, stand, te72, twin calipers, wrench
Monday, December 22, 2014
Mango is back~ ^_^
Posted by Dennis Tan at 2:29 AM No comments:
Labels: 4age-20v, gymkhana, mango, Simply Epic, te72, TKA Motorsport, usm, watanabe
Friday, October 11, 2013
Replacement soft hard knob - 3D printed~!
First prototype of the replacement soft hard knob for KYB SS / Cusco / Nismo / Rally Art / Gab(Japan) which had the soft hard adjustment knob at the side of the shocks body. Which the knob is rounded with loose grip.
Anyone who is interested kindly contact us at TKA for more information.
Posted by Dennis Tan at 12:32 AM No comments:
Thursday, July 11, 2013
{For Sale} KW Gripper Disc Break Pads
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Posted by Dennis Tan at 2:41 AM No comments:
Labels: break disc
Friday, April 26, 2013
Cleaning up me axle~ and paint it.
McGuyver had cleaned up mango's axle to be painted before putting everything back together. For this i had choose the color "admiral grey for all my under carriage parts, with lacquer added for easy cleaning in the future.
I'm still waiting for my crucial parts to be arrive from australia via my cousin's hand. Looks like mango will had to stay off the ground for a bit longer......
Posted by Dennis Tan at 8:08 AM No comments:
Tuesday, April 23, 2013
Rear double caliper bracket done~
After much cutting and milling and measuring and altering~ And some high torque range bolts and nuts.
And some paint~ finally my double caliper fitting bracket were done. Along with 25mm spacer on each side to clear the axle. Which means my rear wheels will be riding 20mm wider than before. (>_<) more GRIPS~! yeah~ or it's not good news for autocross??? ~ hm~
Posted by Dennis Tan at 7:45 AM No comments:
Labels: AE101, ae86, double caliper, rear axle
Wednesday, April 17, 2013
{For Sale} Tein HA/HR locking ring
Recently I got a few customer coming in TEIN HA/HR with broken locking rings. Seems like the material was at it's end-of-life. So i had to source replacement for them. And after some ordeal. It seems that it's becoming common that old TEIN coming in from Japan would have a broken locking rings.
So i had to ask my neighbor who fortunately had CNC to make me some new one. And since the boss said it wouldn't be cost effective to make just 2~4 pieces. (in which it would cost more than 200 for just a pair) So i had to settle with making 50 sets - one big ring and one small ring X 50 as minimal order.
In which after taking out some of the pre-order unit and some I would keep for my future customer. I still have 15 extra sets to let go. The specification is 57.5mm inner hole with 3mm thread. It will fit any TEIN, coil over with the corresponding thread size.
The price is MYR100 for one set consist of one big ring and one small ring. Excluding mailing/shipping charges. Anyone who were interested can contact me via my company TKA Motorsport.
Posted by Dennis Tan at 7:58 AM 1 comment:
Labels: adjustable ring, HA, HR, locking ring, tein
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text: It's becoming a recurring theme to blame the high oil price on "speculators". This of course implies some sort of clear distinction between someone legitimately purchasing oil contracts or someone purchasing or selling them purely for profit. There is of course a difference. You might call the first one a country or a company. You . . . → Read More: Hellberta: The speculation about speculators speculating about oil price


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Ai Weiwei Instagram photo inspires 'leg gun' meme
If you follow Ai Weiwei on Instagram as I do, you are probably used to the Chinese artist occupying much of the feed with pictures of his beloved cats. I actually enjoy the diaristic nature of his Instagram posts, which humanizes Ai and his practice as an artist in a way that his Twitter account does not.
Wednesday, though, something displaced the parade of felines in Ai's feed: photographs of people staging playful shootout scenes -- with their bodies. With thighs pulled to their chests, the subjects pointed their legs like rifles, aming down the length of their tibia like it was the barrel of a gun. "Pew pew," some commented. »Read Full Article


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Sci fi/Fantasy image bycharli reynolds
Totally random ideas popped into my head the other day, and it resulted in Kuroi here. He's supposed to be a modern-style sorcerer, and I was basically playing around with design ideas for his hair in Photoshop (Finally! An original character! Thought I'd forgotten how to make them!). I have no idea where the eyepatch came from. Maybe he's hiding something... his name is japanese for black rain (ame=rain, kuroi=black). Expect to see some sketches when I can get near a scanner! Done entirely on Photoshop Elements.
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©2015 BiggerPockets Inc. (P)2016 BiggerPockets Inc.
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SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
March 15, 2013
RENEE SCIARA AND MATTHEW SCIARA,PLAINTIFFS-APPELLANTS-RESPONDENTS,v.SURGICAL ASSOCIATES OF WESTERN NEW YORK, P.C. ANDGEORGE BLESSIOS, M.D., DEFENDANTS-RESPONDENTS. USHA CHOPRA, M.D. AND FAGER & AMSLER, LLP, RESPONDENTS-APPELLANTS. (APPEAL NO. 1.)
Appeal and cross appeal from an order of the Supreme Court, Erie County (John M. Curran, J.), entered September 14, 2011 in a medical malpractice action.
Released on March 15, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
The order, among other things, granted that part of plaintiffs' motion seeking to compel nonparty witness Usha Chopra, M.D. to appear for the completion of her deposition.
It is hereby ORDERED that the order so appealed from is modified on the law by denying the cross motion of respondent
Usha Chopra, M.D. in its entirety and as modified the order is affirmed without costs in accordance with the following
Memorandum: Plaintiffs appeal and Usha Chopra, M.D. (respondent), a nonparty, cross-appealsfrom an order related
to the deposition testimony of respondent. Plaintiffs commenced this medical malpractice action alleging, inter alia, that
defendant George Blessios, M.D. was negligent with respect to surgery he performed on Renee Sciara (plaintiff).
Respondent, a pathologist, examined tissue removed from plaintiff during the surgery.
The deposition of respondent was discontinued following a contentious verbal exchange between plaintiffs' counsel and respondent's counsel that arose when respondent's counsel interrupted the deposition to clarify a question asked by plaintiffs' counsel. Plaintiffs moved, inter alia, for an order precluding respondent's counsel from participating in any respect in the continued deposition of respondent. Respondent cross-moved, inter alia, for an order permitting her counsel to participate in her deposition. Supreme Court granted the motion in part by directing, inter alia, that respondent was required to complete her deposition. The court also granted the cross motion in part by permitting respondent's counsel to participate in the deposition as provided for in 22 NYCRR 221.2 and 221.3. The court erred in granting the cross motion to that extent (see Thompson v Mather, 70 AD3d 1436, 1438), and we therefore modify the order accordingly.
As we stated in Thompson, "counsel for a nonparty witness does not have a right to object during or otherwise to participate in a pretrial deposition. CPLR 3113 (c) provides that the examination and cross-examination of deposition witnesses shall proceed as permitted in the trial of actions in open court' " (id. [emphasis added]), and it is axiomatic that counsel for a nonparty witness is not permitted to object or otherwise participate in a trial (see e.g. id.). We recognize that 22 NYCRR 221.2 and 221.3 may be viewed as being in conflict with CPLR 3113 (c) inasmuch as sections 221.2 and 221.3 provide that an "attorney" may not interrupt a deposition except in specified circumstances. Nevertheless, it is well established that, in the event of a conflict between a statute and a regulation, the statute controls (see Matter of Hellner v Board of Educ. of Wilson Cent. School Dist., 78 AD3d 1649, 1651).
We also recognize the practical difficulties that may arise in connection with a nonparty deposition, which also have been the subject of legal commentaries (see e.g. 232 Siegel's Practice Review, Objections by Nonparty Witness? at 4 [Apr. 2011]; Patrick M. Connors, Supp Practice Commentaries, McKinney's Cons Laws of NY, Book 7B, CPLR 3313:7, 2013 Pocket Part at 31-33). However, we decline to depart from our conclusion in Thompson (70 AD3d at 1438) that the express language of CPLR 3113 (c) prohibits the participation of the attorney for a nonparty witness during the deposition of his or her client. We further note, however, that the nonparty has the right to seek a protective order (see CPLR 3103 [a]), if necessary.
We have reviewed the remaining contentions of plaintiffs and respondent and conclude that they are without merit. We note that documents included in the appendix to plaintiffs' brief are outside the record on appeal and therefore have not been considered (see Sanders v Tim Hortons, 57 AD3d 1419, 1420).
All concur except Fahey and Martoche, JJ., who dissent in part and vote to affirm in the following Memorandum: We respectfully dissent in part because we cannot agree with the majority that Supreme Court erred in granting in part the cross motion of Usha Chopra, M.D. (respondent), a nonparty, by permitting respondent's counsel to participate in a limited fashion during plaintiffs' continued deposition of respondent. We therefore would affirm the order. The majority relies on the statement of this Court in Thompson v Mather (70 AD3d 1436, 1438) that "counsel for a nonparty witness does not have a right to object during or otherwise to participate in a pretrial deposition." We note that Thompson involved 22 NYCRR 202.15, which concerns the videotaping of deposition testimony that may be filed with the clerk of the trial court and specifically refers to objections "made by any of the parties during the course of the deposition" (22 NYCRR 202.15 [g] [1], [2] [emphasis added]). Here, the deposition was not taken pursuant to that rule, but rather was taken pursuant to 22 NYCRR part 221, entitled Uniform Rules for the Conduct of Depositions, which permits deponents, not merely "parties," to raise objections during the course of the deposition (see e.g. 22 NYCRR 221.2). We note that, in Thompson, the plaintiff moved for an order precluding the nonparty deponent's counsel from objecting to the videotaped trial testimony " except as to privileged matters or in the event that she were to deem questioning to be abusive or harassing' " (id. at 1437). Thus, even the plaintiff's counsel in Thompson recognized that a nonparty has certain rights at the deposition.
The majority also relies, as did this Court in Thompson, on CPLR 3113 (c), which provides that the examination and cross-examination of deposition witnesses "shall proceed as permitted in the trial of actions in open court." The majority thus concludes that, because counsel for a nonparty witness is not permitted to object or otherwise to participate at a trial, counsel for the nonparty witness likewise is not permitted to object or otherwise participate at the nonparty's deposition. The majority believes that there is a conflict between CPLR 3113 (c) and 22 NYCRR 221.2 and 221.3, which regulations permit an "attorney" to interrupt a deposition in specified circumstances.
We do not believe that CPLR 3113 (c) must be interpreted in a manner that establishes a conflict with the Uniform Rules for the New York State Trial Courts. "Where the language of a statute is ambiguous or uncertain, the construction placed on it by contemporaries . . . will be given considerable weight in its interpretation" (McKinney's Cons Laws of NY, Book 1, Statutes § 128 [a]), as in the case of a practical construction that has received general acquiescence for a long period of time. In that regard, CPLR 3113 (c), which became effective in 1963 with the adoption of the CPLR in place of the prior Civil Practice Act, does not have a direct corollary in the Civil Practice Act. Former section 202 of the Civil Practice Act discusses the "[m]anner of taking testimony" in a deposition, but there is no identical predecessor to CPLR 3113 (c).
The rules in question here, namely, 22 NYCRR 221.1 and 221.2, became effective in 1986, approximately 23 years after the adoption of CPLR 3113 (c). As one commentator has stated, numerous cases over the years addressing issues arising at depositions of nonparties have noted, without comment or criticism, the active participation of counsel for the nonparty at the deposition (David Paul Horowitz, May I Please Say Something, 83 NY St BJ 82, 83 [July/Aug. 2011], citing Horowitz v Upjohn Co., 149 AD2d 467). We can only presume that the Chief Administrator of the Courts was aware of CPLR 3113 (c) when the Uniform Rules regarding depositions were adopted and that the Chief Administrator would not create a direct conflict with a statute.
The long-standing practice of counsel for a nonparty witness objecting at a deposition is exemplified by the Second Department's decision in Horowitz. There, the Second Department stated that the nonparty witness, a partner of the defendant physicians at the time the infant plaintiff's mother was their patient, was entitled to refuse to answer questions that sought testimony in the nature of opinion evidence (id. at 467-468). There was no discussion of CPLR 3113 (c) or the rules. The relief fashioned by the Second Department "was favorableto the objections raised by counsel for the non[]party at the deposition. The Second Department evinced no problem with the participation of counsel for the nonparty at the deposition, thereby, at the very least impliedly countenancing the practice" (Horowitz, 83 NY St BJ at 83 [emphasis added]).
In our view, the result reached by the court here was reasonable. It is beyond cavil that trial courts have broad discretion in supervising discovery. For example, CPLR 3101 (b) provides that, "[u]pon objection by a person entitled to assert the privilege, privileged matters should not be obtainable." That section suggests that a nonparty may not be required to disclose privileged matter whether it be at a deposition or at trial. The question of what constitutes "privileged matter" is a significant legal one and we fail to see how a nonparty witness at a deposition, without the benefit of counsel, would be so knowledgeable as to assert the privilege in the appropriate circumstance. Similarly, CPLR 3103 (a) authorizes a court, on its own initiative, "or on motion of any party or of any person from whom discovery is sought," to issue a protective order denying, limiting, conditioning or regulating the use of any disclosure device. That section similarly would allow a nonparty witness, as "any person from whom discovery is sought" (id.), to seek a protective order conditioning the use of a deposition by allowing the nonparty to have counsel at the deposition for the purpose of raising appropriate objections.
There is also the practical question faced by a nonparty at the deposition, when the statute of limitations has not yet run against that nonparty. Indeed, the decision in Thompson encourages a plaintiff, faced with commencing an action against several defendants, whether in the medical malpractice realm or some other area of law (see Alba v New York City Tr. Auth., 37 Misc 3d 838 [Labor Law]), to name the seemingly least culpable party as a defendant and depose ostensibly more culpable parties, with the idea that information, perhaps incriminating and always under oath, may be gleaned from the "nonparties" who do not have the right to have counsel present.
In conclusion, we do not believe that there is a direct and obvious conflict between CPLR 3113 (c) and the Uniform Rules, and we further conclude that the court did not abuse its discretion in allowing the nonparty witness here to have counsel present at the deposition for a limited purpose. We therefore would affirm the order.
Entered: March 15, 2013
Frances E. Cafarell Clerk of the Court
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Автор: Hargreaves Roger
Раздел: Egmont
|Поступление на склад 25.12.2016
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A few customers who purchased it reckoned that it was good quality. Alan Snelson mentioned "The picture quality is fantastic, excellent definition" and rated the Eizo Foris FS2434 as excellent. Bart Gluszek wrote on Amazon last year "Good quality for money" in his review of this PC monitor. Expert review site Flatpanelshd.com mentioned in their review "With Foris Eizo aims to combine speed with great picture quality the latter often sacrificed on TN-based gaming monitor" .
Three Eizo Foris FS2434 owners who purchased it reckoned that it had good picture quality.
Eizo medium monitors have good ratings on average and across all PC monitors Eizo is one of the better rated brands.
One customer who bought the product concluded that it was a good height. Two years ago Flatpanelshd.com wrote "A stand that offers height, swivel and tilt adj" in their Eizo Foris FS2434 review. One Eizo Foris FS2434 owner who reviewed it thought it was thin. Two years ago expert review site Flatpanelshd.com mentioned "A very slim bezel".
One customer reckoned that it was easy to setup. Alan Snelson wrote "Very straightforward to set up and configure using the manual on the supplied disc" and rated it 5 stars.
This flatpanel monitor has an LED display type, which is typical of many similar spec LCD screens that have been available for more than two years.
There are a number of alternative PC screens that have an LED Display currently available that you might also want to look at including the AOC Q2770 which has better reviews.
The Foris FS2434 has a built-in speaker, which is unusual. Most of the other medium monitors that are a similar age to the Foris FS2434 do not have a built-in speaker.
We compared all the other PC monitors with a built-in speaker to this PC screen and we think a cheaper PC screen such as the Asus MX299 ($300.99), and the Benq BL2710 or you might consider a higher rated PC screen such as the AOC G2770 ($299.99) are also worth considering.
Most PC monitors of this age and spec have between one and three HDMI ports, including the Eizo Foris FS2434 which has two HDMI ports.
The viewable height of the Foris FS2434 of 527 millimeters is one of the biggest amongst PC screens of this type and age. The viewable heights of PC monitors of a similar spec and age to the Foris FS2434 range from 28mm to 630mm, and the average viewable height is 310mm.
This PC screen has a 1080i|1080p|480i|480p|720p video mode, which is typical of many LCD screens of a comparable age and spec to it.
This flatpanel monitor has a graphics resolution of 1920 x 1080 (HD 1080), which is typical of many comparable spec PC monitors that have been on the market for a similar time to it.
The average response time of PC screens of a similar age and spec to the Foris FS2434 is 6.1ms, and the response times range from 1ms to 40ms. The Eizo Foris FS2434 has a quite fast response time (only 4.9 milliseconds) compared to most of the other medium monitors that have been on the market for a similar time to the Foris FS2434.
One Eizo Foris FS2434 reviewer who reviewed it concluded that it was not good looking. Daz wrote in their review last year "Let down a bit by the speakers, they're pretty tinny and cheap" however they rated the product as excellent.
Most comparable spec PC screens that came out more than two years ago are not 3D compatible. The Foris FS2434 is no exception to this as it too is not 3D compatible.
If you would prefer a flatpanel monitor that is 3D compatible then you might want to consider the BL2710, or the XL2720 both from Benq or the Acer XB280HK ($556.99).
The Foris FS2434 does not have a built-in camera. Most of the other comparable spec LCD screens that have been available for around the same time as the Foris FS2434 also do not have a built-in camera.
Like most of the other medium monitors that have been on the market for around the same time as the Foris FS2434, the Eizo Foris FS2434 does not have an integrated card reader.
We compared this LCD screen to all the other flatpanel monitors with an integrated card reader and we think the DELL U2413 ($442.20) is also worth considering.
Across all the LCD screens of this age and spec the viewable widths range from 1mm to 880mm, and the average viewable width is 520mm. With a viewable width of only 296.5 millimeters, the Foris FS2434 has a very small viewable width compared to most of the other flatpanel monitors that are a similar age to the Foris FS2434.
With a maximum height adjustment of only 60 millimeters, the Eizo Foris FS2434 has a very low maximum height adjustment compared to most of the other similar spec PC displays that have been on the market for a comparable time to the Foris FS2434. Across all the medium monitors that have been on the market for a comparable time to the Foris FS2434 the maximum height adjustments range from 13mm to 850mm.
This PC screen has a Full HD HD type, which is the most commonly found HD type on medium monitors that have been around for more than two years.
Eizo released the Foris FS2434 over two years ago.
This PC display has a display resolution of 1920 x 1080 pixels, which is typical of many PC screens of this type and age.
At 540 millimeters, the Eizo Foris FS2434 has a relatively standard width compared to most of the other medium monitors that were released more than two years ago.
If you would consider a PC monitor with a wider width then you might want to look at the DELL U2413 ($442.20) (556mm and cheaper), or the NEC MultiSync EA244WMI ($224.97) (543.8mm and cheaper).
|Screen Size
|Display Resolution
|1920 x 1080
|Dynamic Contrast Ratio
|Display Type
|3D Compatible
|Graphics Resolution
|1920 x 1080 (HD 1080)
|Video Mode
|1080i, 1080p, 480i, 480p, 720p
|HD Type
|Full HD, HD
|Digital Vertical Frequency
|49 - 61
|Digital Horizontal Frequency
|15 - 68
|Viewable Size Diagonal
|Viewable Height
|Viewable Width
|Aspect Ratio
|Pixel Pitch
|0.275 x 0.275
|Display Colour Count
|Vertical Viewing Angle
|Horizontal Viewing Angle
|Typical Contrast Ratio
|Display Diagonal
|Display Technology
|Display Brightness
|250 cd/m²
|Response Time
|Native Aspect Ratio
|Supported Number of Colours Display
|16.78 million colours
|Ports & Interfaces
|HDMI Port
|DVI-D Port
|VGA (D-Sub) Port
|DVI Port
|Built-In Camera
|Integrated TV Tuner
|Case Colour
|Thin Client
|Thin Client Installed
|Maximum Height Adjustment
|Tilt Angle
|0 - 25
|Swivel Angle Range
|-172 - 172
|VESA Mount Interface
|-172 - 172
|Cable Lock Slot
|Typical Power Consumption
|Standby Power Consumption
|Weight & Dimensions
|Packaging Content
|Cable Included
|Other Features
|Video Dot Rate
FS2434 looks like a classic Eizo monitor with a conservative, matte black look. However, it has some nice little surprises such as the built-in speakers, a carrying handle on the back, a very slim...
Eizo avait créé l'évènement avec un écran FG2421 aussi performant qu'exclusif dans le monde du jeu vidéo. Ici, Eizo tente de démocratiser sa gamme de moniteur pour le jeu vidéo avec un 24... Read more…
Le Foris FS2434 est actuellement vendu 300 euros (en promo) chez Eizo, mais aujourd'hui, il est possible de trouver des moniteurs beaucoup plus rapides pour le jeux... Même si leur dalle à...
EIZO FORIS FS2434 Review??? ?? [ Video Review ]?? ?? [ Intro ]???? ????? ??? ?? ????? EIZO?? ??? ? ??? ????? ???. ????? ?? ???? EIZO?? ???? ???? ??? ??? ??? ???? ???? ??, ???? ???? ???? ?? ???.... Read more…
De første indtryk | Strømforbrug | Forud for testen | Billedkvalitet | Responstid og spil | Betragtningsvinkler | Konklusion FS2434 er den seneste skærm i Eizo's Foris serie, der er målrettet... Read more…
I buy this monitor for photo editing purpose at home. It gives me super sharp and colorful look of the pictures. Now, I can able to see many details in b&w and color pictures, and it is very... Read more…Amazing ColorEasy To Set UpEasy To UseFastPhoto Editing
Good quality for money.
Top class screen for the price.
Let down a bit by the speakers, they're pretty tinny and cheap. I use headphones so I don't really care but others might.
I just happened to see this monitor mentioned somewhere on a review. It is excellent. The screen looks white and clean.It has a nice matte finish and there is no hint of plastic anywhere.
This was my second monitor i have bought from EIZO, and it's the second time i have had to return one because it was faulty, first one turned its self off and on randomly because of a bad power... Read more…
|Electricity cost when switched on
|Electricity cost when on standby
@ $0.106972164 per kwh - Edit electricity price and usage
kwh per hour
kwh per hour left on standby
Electricity price $per kilowatt hour
Annual electricity price inflation %
Hide electricity usage and price
|Water cost when switched on
@ $0.00152695152 per litre - Edit water usage and price
litres per hour
Water price $per litre
Annual water price inflation %
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Submit Energy Consumption Figures
|Total running cost over 5 years
|Running this PC monitor over 5 years will generate 0.82 tonnes of carbon dioxide (CO2).
|To offset that much CO2 you would need to plant 22 tree seedlings and grow them for 10 years.
|00690592038262, 04995047045236, 05712505293539
|Eizo Foris FS2434
|$ 239.00
|$158 Cheaper
|76% Cheaper to Run
|Higher Contrast Ratio
|Vastly Worse Prad.de Review
|Vastly Worse Tweakers.net Review
|NEC MultiSync EA244
|Eizo Foris FS2434
|$ 1,049.00
|Two Times Shallower
|99% More Display Colour Count
|5 Times the Contrast Ratio
|Higher Resolution
|$652 More Expensive
|Only One HDMI Port
|Eizo Foris FS2434
|$ 558.82
|Cheaper to Run by $84.74
|2000000:1 Dynamic Contrast Ratio
|User Reviews Are Better
|$162 More Expensive
|Tweakers.net Review is Significantly Worse


text:
Teri, Please Don'tTwo flatmates play a game with unintended consequences.
Terri's FrustrationsTerri and a girlfriend masturbate together.
That Damn ImpPrologue: a fae is determined to woo, and win a demon.
The 35 CentimetersA woman learns a lesson of anal toy sex.
The ArrangementBob helps a female student harvest semen samples
- Parts:
The Awakening of KristenLiterotica helps when husband's away.
The BabysitterWhat happens after we go out.
The Bad ProfessorSpoilt student is forced to do anything for him.
The Bad Professor ReturnsCollege student is made to watch her friend undress.


text:
Santa Clara University
1,251 reviews
- Santa Clara, CA
- 4 Year
Overall Niche Grade
- AcademicsA
- ValueA+
- DiversityA
- CampusA
- AthleticsA-
- Party SceneA
- ProfessorsB+
- LocationA-
- DormsA+
- Campus FoodA
- Student LifeA
- SafetyB+
Santa Clara University is ...
Private not-for-profit, Catholic
Athletic Division
NCAA Division I-AAA
Athletic Conference
West Coast Conference
Santa Clara University Rankings
Niche rankings are based on rigorous analysis of key statistics from the U.S. Department of Education and millions of reviews.
Acceptance Rate
SAT Range
ACT Range
Net Price
$36,645/ year
Average cost after financial aid for students receiving grant or scholarship aid, as reported by the college.
Based on faculty accomplishments, salary, student reviews, and additional factors.
Student Faculty Ratio
Evening Degree Programs
- 90%
- of students agree that professors put a lot of effort into teaching their classes.82 responses
- 70%
- of students agree that it is easy to get the classes they want.82 responses
- 65%
- of students agree that the workload is easy to manage.82 responses
Full-Time Enrollment
Undergrads Over 25
Pell Grant
Varsity Athletes
What one word or phrase best describes the typical student at this school?
Based on 35 responsesReport
Campus Life
Freshmen Live On-Campus
- 51%
- of students say that Greek life is average, and no one will treat you differently if you don't join.74 responses
- 65%
- of students say varsity sporting events are attended, but not a huge part of campus life.116 responses
What one word or phrase best describes your school?
Based on 39 responsesReport
After Santa Clara University
- 85%
- of students feel confident they will find a job in their field after graduation.40 responses
1,251 reviews
- Excellent213
- Very Good501
- Average453
- Poor60
- Terrible24
Our alumni network is amazing! There are a huge number of students who attended Santa Clara who are looking to give opportunities to recent grads from their alma matter. The education we receive at Santa Clara is more than just a degree, we get an education of the whole person and are very well prepared for the work force. People are often interested in hiring Santa Clara students for the wide variety of qualities they have and have gotten from their time here.
- College Freshman
- 7 months ago
Located close to San Francisco, close to Santa Cruz and the Pacific Ocean, and in driving distance to Lake Tahoe, Yosemite, Big Sur, and countless others, SCU is the perfect school for someone looking for an adventure. If you choose to stay near campus, you still will always find something to do. Santa Clara University proudly holds the number one spot for most beautiful campuses in the country, and students take full advantage of the beauty. The weather is perfect all year around. Santa Claras specific colleges are nationally ranked and prepare their students for the real world. Many students receive job offers from top companies before even graduating. Santa Clara is a small but incredibly fun school. There is a club for any interest and a group for every student. The Jesuit environment of Santa Clara University promotes a general kindness around campus. Everyone is friendly and supporting the growth of their fellow classmates. There is truly no place like SCU.
- Sophomore
- 3 months ago
I would never recommend this school to anyone who is a minority. Extreme lack of diversity and inclusion. Minorities are merely a marketing tool at SCU. Academics are challenging, but ok. Professors are a hit or miss in regards to caring about students. Avoid administration at all costs, they are apathetic to students' needs and are unhelpful. Campus is pretty, no complaints. Employers in California appreciate this alma mater, not much elsewhere. Athletics are only big to those who care for it. Party scene is directly linked to non affiliated Greek life. Local area is boring unless you have a car. Dorms and safety are acceptable, you can get by. Campus food is no good. Student life is very present but hardly genuine.
- Alum
- 2 months ago


text:
Indulge your love of fine food and wine by attending one of the superb events we bring to the table for epicureans and oenophiles like you. Please CLICK HERE for a complete listing of dining exclusives at The St. Regis Bangkok.
Every Friday from 8:00 PM – 10:00 PM
A match made in heaven, bubbles and oysters go hand in hand, every Friday evening, at The St. Regis Bar, while embracing the spectacular view of The Royal Bangkok Sports Club and the enigmatic city beyond. Make yours a dirty dozen!
Indulge in the finest oysters, from a selection of these shucked, seasonally fresh and plump pearls of the sea, with free-flow bubbles of choice. Sample the delicate flavours of Fine de Claire, Barron Point, Tasmanian, Murgen and more, flown in regularly from the US, Australia, France and Ireland.
THB 1500++ for The Dirty Dozen
THB 850++ for The Half Dozen
THB 1,950++ for a Dirty Dozen and free-flow Sparkling Cava or Prosecco
THB 3,500++ for a Dirty Dozen and free flow Bubbles with Moet & Chandon
Mondays to Fridays, from 12:00 PM – 3:00 PM
Enjoy the aromas and tastes of daily baked breads, soups, fresh salads, charcuterie and cheeses, and traditional antipasti. Sample our handcrafted pizza from our wood-fired oven, fresh sheets of homemade pasta, signature main courses from Chef Stefano and tempting desserts. Staying true to Italian culture, end with a complimentary moka pot of Italiano caffe.
THB 750++ per person for a two course menu
THB 950++ per person for a three course menu
Not in conjunction with any other offer, promotion or discount.
Every Monday, 6:00 PM - 9:00 PM
Singaporean native Chef de Cuisine Cassidy Shen invites you to experience the popular Singaporean delicacy.
Enjoy three traditional recipes at THB 1,850++ per person, including somtum and fried rice.
Additional THB 400++ for a bucket of 4 beers.
Fridays and Saturdays, from 6:00PM – 8:00PM
Discover an outstanding selection of wines, each with a unique and distinctive characteristic while enjoying a monthly rotation of grape varietals from different countries.
Complementing the continuous flow of wine is a gourmet selection of Spanish charcuterie and cheeses, and signature Tapas dishes.
THB 1,200++ per person
Astor Card, SPG® and Citibank Ultima® privileges apply.
Everyday, from 2:00 PM – 5:00 PM
Festive Afternoon Tea
THB 2,000++ per set for two persons
(*available from 1 December 2016 - 1 January 2017, Western Afternoon Set and Thai Afternoon Tea Set will not be available during this period)
Thai Afternoon Tea
THB 850++ per set for two persons
Featuring Pandan and coconut scones, Turmeric chicken on wheat bread, Rice paper spring rolls with tom yam and other Thai homemade desserts.
The St. Regis Afternoon Tea
THB 1,500++ per set for two persons
Highlights include the finest scones, dainty sandwiches and carefully prepared sweets with impeccably formed pastries.
Each set comes with complimentary coffee or tea for 2 persons where guests can choose from an exclusive selection of TWG teas and coffee selection.
Astor Card, SPG® and Citibank® privileges apply.
Every first three Sundays of the month, 12:30 PM - 3:30 PM*
A sumptuous buffet spread with a wide selection of the finest seafood featuring Fine de Claire, Kumamoto and Calm Cove Oysters, South Australian Organic Mussels, Live Irish Brown Crab and the Alaskan Snow Crab. Other highlights include our freshly prepared sushi and sashimi, slow-roasted prime rib, carved premium meats, Lobster Eggs Benedict and Lobster Thermidor, culminating with gourmet desserts prepared to perfection.
THB 2,700++ per person, including non-alcoholic beverages
THB 3,400++ per person, including wines, sparkling wines, Siam Mary, Martinis, beers, bespoke smoothies, juices
THB 4,500++ per person, including all the above beverage options and unlimited Moët & Chandon champagne
Astor Card, SPG® and Citibank® privileges apply
*Regular a la carte menu is not available during this time
Mondays through Saturdays, from 12:00 PM - 2:30 PM
VIU features an interactive dining concept with eight live stations. Start with a healthy salad, cold cuts and freshly baked breads before indulging in a main course from our daily selection of Western and Thai specials, accompanied by a fresh selection of pasta, and finally end the meal with our mouthwatering desserts.
THB 850++ per person including coffee and tea.
Astor Card, SPG® and Citibank® privileges apply.


text:
18 Homemade Christmas Decorations: How to Make Christmas Decorations
Bonus: Get our newsletter & special offers for free. We will not share or sell your email address. View our Privacy Policy
Latest Comments
"I saw this pattern and thought it would be great to go in my gift tins for my homemade spa sets for Christmas. I started the pattern but kept having trouble with the puff stitch. When I try to pull through the loop the hook gets stuck and pull a strand or two out making it look un-neat. Is there a way to prevent this? Could it be the yarn I am using?"
"I love this pattern for making dishcloths! It is so simple and it's so easy to remember. It makes a great,durable dishcloth. Does anyone tried this pattern with that new yarn that is made for making dishcloths? I think it might be a rayon blend. I'm going to try it next time I need dishcloths."
"This is a great beginner project, it was easy to follow and gave great instruction. I was able to work up several of these for co-workers who thought it was so cute. I am going to make several more for my home for company to use when they come over and have coffee."
"These spiral beaded trees are so pretty! For extra sparkle, I am going to place a battery tea light candle in the center of the spiral. Several of these trees would look great placed within a strand of twinkle or small rice lights on a mantle or table center piece!"
"That's a great idea!"
Christmas Greetings Mitten Wreath
By: Kathleen George for STYROFOAM Brand Foam
We are adding the craft to your Craft Projects.
The project was added to your Craft Projects.
Click here to view your Craft Projects.
Bring a bit of whimsy into holiday decorating with this adorable mitten Christmas wreath. The mittens are created with the fabric colors of your choice.
- STYROFOAM Brand Products:
- Sheet, 12" x 18" x 1/2"
- Balls: 19 1/2"; six 1"; two 1-1/2"
- Artificial pine wreath, 14"
- Fabric, ten 6" x 6" squares, bright colors and patterns
- Bias tape, 4 yds. x 1/2", single fold
- Trims: scraps of ribbons, braid, lace, bias tape, buttons
- Textured snow paint
- Toothpicks
- Paintbrush, #9 flat
- Serrated knife
- Old candle
- Scissors
- Sharp pencil
- Thick, white craft glue or low temperature glue gun and glue sticks
For pattern, click here.
- Cut out mitten pattern. Place pattern on foam sheet and using sharp pencil, trace around pattern ten times.Wax knife blade with old candle and cut out mittens.
- Place each mitten on a fabric square; trace around mittens and cut out fabrics. Hint: for variety, turn some mittens over before tracing, so mittens will face in the opposite direction. Glue fabric to mittens.
- Cut ten, 15" lengths of bias tape. Glue around outside edge of each mitten. Arrange mittens on wreath, with wrists toward the center. Glue mittens to wreath.
- Decorate each mitten with bows, ribbon, lace, and buttons (refer to photo for suggestions).
- Insert toothpick into each foam ball; use toothpick as handle and coat each ball with textured snow paint. Insert toothpick in scrap piece of foam while paint dries.
- Glue 1-1/2" snowballs to opposite mittens, as shown. Glue 1" balls evenly spaced around outer edges of wreath; glue 1/2" balls randomly to wreath, filing in spaces where needed.
®™ Trademark of The Dow Chemical Company ("Dow") or an affiliated company of Dow. For more project ideas, please see styrofoamstyle.com.
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Nov 06, 2010
so much can be done with this wreath...very cute!!!!
Dec 30, 2009
We angled the mittens a little. We turned four mittens upside down. It gave some dimention to the wreath instead just looking so circular. We also added lights. We used two strands of 20 lights (40 total).
Dec 28, 2009
This would also be a cute idea for a Valentine's Day party or month decoration, substituting cut out hearts for mittens, in colors of pink, red and white.
Crafter 5469962
Dec 28, 2009
This mitten wreath could be done with those mittens who have lost their mates. Especially for someone who does not sew and even for those who do.
Sep 11, 2012
That was my first thought when I saw the picture...."real" mittens would be a "warm" look to the wreath!
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text:
Allu Arjun's Sarrainodu censor completed
Allu Arjun's upcoming movie "Sarrainodu" completed its censor formalities and it was awarded U/A certificate.As the censor was completed,now the film is all set to release on April 22nd.
The movie is one of the most awaited films in Tollywood.The movie created Good buzz among the audience since the release of first look teaser where Allu Arjun attracted the audience with his mass look.The audio songs of the film are already receiving the good response which is an advantage for the film.Even the video promo songs are Good with excellent dance moves.The Theatrical trailer which released a few days ago is filled with complete action sequences which highly attracted the audience.
Thus,everything is going positively for the movie until now.A new teaser from the movie is going to be released tomorrow.Boyapati Sreenu is the director of this film,he is working first time with Allu Arjun and hence, there is the Good buzz on this Combination.Rakul Preet Singh and Catherine Teresa are playing female lead roles in the movie.S.S.Thaman has composed the music of the film.
Allu Aravind produced the film under the Geetha Arts Banner.Finally,it was still 3days to go for the movie's release,we need to wait and see whether the movie will live up to the expectations or not? in a few more days.
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text:
592 N 550 E American Fork, UT 84003
Hi, Blueroof .com.
My name is
and I have a question about 592 N 550 E American Fork
You can respond by either emailing me at
or call during
My Question Is:
Estimated Monthly Payment$5,051
- Photos
- Location
- Questions
- Share
- Virtual Tour
- Mortgage Calculator
- Status: Pending
Listing courtesy of Kenner Equity
You will be amazed as you walk into to this inviting home with an open kitchen with an island stainless steel appliances and granite counter tops. The attention to detail with the classic finish and updated paint through out. **This home has 2 additional rooms with windows and are not listed as bedrooms because they don't have closets. Buyer to verify all information.
Interior Features Include:
Closet: Walk-In, Den/Office, Dishwasher, Built-In, Disposal, Granite Countertops
Basement Daylight
Fireplaces 0
Air Cond: Central Air; Electric
Heating: Forced Air
Floor Type: Carpet, Tile
Exterior Features Include:
Acreage: 0.2300 Acres
Lot: Fenced: Full, Sprinkler: Auto-Full
Landscape Landscaping: Full
Roof: Asphalt Shingles
Exterior: Aluminum/Vinyl, Asphalt Shingles, Brick
Garage/Parking: Attached, Opener
Driveway Concrete
Garage Capacity: 2
Other Features Include:
Inclusions: Refrigerator, Storage Sheds
Water: Culinary
Utilities Gas: Connected, Power: Connected, Sewer: Connected, Sewer: Public, Water: Connected
Storage Shed
Taxes 1311
School District: Alpine
Information deemed reliable but not guaranteed accurate. Buyer to verify all information.The multiple listing information is provided by Wasatch Front Regional Multiple Listing Service, Inc. from a copyrighted compilation of listings. The compilation of listings and each individual listing are © 2014 Wasatch Front Regional Multiple Listing Service, Inc., All Rights Reserved. The information provided is for consumers, personal, non-commercial use and may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing.


text:
Vivanta by Taj - Fisherman's Cove, Chennai, Muttukadu
- Free WiFi and free parking
Main amenities
- 128 guestrooms
- On a private beach
- Restaurant and bar/lounge
- Outdoor pool
- Breakfast available
- Internet in the lobby
- Outdoor tennis court
- Spa services
- Business center
- Childcare
- Air conditioning
- Daily housekeeping
Feel at home
- Free cribs/infant beds
- Children's pool
- Playground on site
- Babysitting or childcare (surcharge)
- Supervised childcare/activities (surcharge)
- Rollaway/extra beds (surcharge)
What's around
- Muttukadu Boat House (1.4 mi / 2.2 km)
- DakshinaChitra (2.7 mi / 4.3 km)
- MGM Dizzee World (2.8 mi / 4.5 km)
- Mayajaal Sports Complex (4.3 mi / 6.9 km)
- Madras Crocodile Bank Trust (4.4 mi / 7.1 km)
Vivanta by Taj - Fisherman's Cove, Chennai, Muttukadu
Hotel Info: 866-539-8117from $110
- Premium Cottage, 2 Single Beds
- Premium Indulgence Cottage Garden View King Bed Room
- Premium Indulgence Cottage Garden View Twin Bed Room
- Superior Sea Room (Dbl Occ)
- Superior Sea Room (Sgl Occ)
- Superior Room, 1 Queen Bed
- Superior Room, City View
- Premium Temptation Villa Sea View
- Premium Cottage, 1 King Bed, Sea View
- Superior Room, 1 Queen Bed, City View
- Villa (Dbl Occ)
- Deluxe Room, 1 King Bed, Garden View
- Villa (Sgl Occ)
- Villa
- Superior Room, 1 Queen Bed, Sea View
- Superior Room, Sea View
- Superior Room, 2 Single Beds
More great choices
At a glance
Key facts
Hotel size
- This hotel has 128 rooms
- This hotel is arranged over 2 floors
- Check-in time 2 PM-midnight
- Check-out time is noon
- Express check-in/out
Indian citizens must show a PAN card at check-out for cash transactions exceeding INR 25000.
Required at check in
- Credit card or cash deposit required
- Government-issued photo ID required
Travelling with others
- Babysitting/childcare *
- Pets allowed *
- Free WiFi in public areas
- Free WiFi in rooms
- Free valet parking
Other information
- Resort fee included
Nearby Five Star Muttukadu hotels
In the hotel
- Supervised childcare/activities (surcharge)
- Buffet breakfast (surcharge)
- Restaurant
- Bar/lounge
- Coffee shop/café
- Poolside bar
- 24-hour room service
- Barbecue grills
- On private beach
- Outdoor pool
- Children's pool
- Fitness facilities
- Outdoor tennis court
- Spa services on site
- Spa treatment room(s)
- Playground on site
- Volleyball on site
- Yoga classes/instruction on site
- Bicycle rentals nearby
- Tennis on site
- Arcade/game room
- Business center
- Conference space
- Meeting rooms
- Concierge services
- Tours/ticket assistance
- Dry cleaning/laundry service
- Laundry facilities
- Free newspapers in lobby
- Luggage storage
- Porter/bellhop
- Elevator/lift
- Safe-deposit box at front desk
- Garden
- Picnic area
- Library
- Television in common areas
- Accessible bathroom
- In-room accessibility
In the room
- In-room climate control (air conditioning)
- Air conditioning
- Ceiling fan
- Minibar
- Coffee/tea maker
- Slippers
- Iron/ironing board (on request)
- Blackout drapes/curtains
- Turndown service
- Private bathroom
- Shower only
- Designer toiletries
- Hair dryer (on request)
- Premium TV channels
- Desk
- Free newspaper
- Free WiFi
- Phone
- Free bottled water
- Daily housekeeping
- In-room safe
Top Muttukadu hotels
Recently reviewed hotels in Muttukadu
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"Wonderful service! Good food! Courteous staff! Completely Value-for-money!"Dec 6, 2016
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"Recently, I booked this hotel for my parents and siblings. They had a wonderful stay! The customer service was exceptional and the rooms were clean and comfortable. The food was…"Dec 4, 2016
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Nearby hotels
Also popular with travelers from the USA
Special features
DiningSeagull - Overlooking the pool, this restaurant serves breakfast, lunch, and dinner. Open 24 hours.
Upper Deck - This restaurant serves dinner only. Guests can enjoy alfresco dining (weather permitting). Open daily.
Awards and affiliations
Green / Sustainable Property
This property participates in EarthCheck, a program that measures the property's impact on one or more of the following: environment, community, cultural-heritage, the local economy.
Vivanta by Taj - Fisherman's Cove, Chennai, Muttukadu's small print
Also known as
- Chennai Fisherman's Cove
- Fisherman's Cove Chennai
- Vivanta Taj Chennai
- Vivanta Taj Fisherman's Cove
- Vivanta Taj Fisherman's Cove Chennai
- Vivanta Taj Fisherman's Cove Chennai Hotel
- Vivanta Taj Fisherman's Cove Hotel Chennai
Mandatory fees
You'll be asked to pay the following charges at check in or check out:
- Christmas Eve (24 December) Gala Dinner per adult: INR 4000
- New Year's Eve (31 December) Gala Dinner per adult: INR 7000
The charges below are included in the total price displayed:
- Resort fee
Optional extras
Rollaway beds are available for INR 2000 per stay
Buffet breakfast is offered for an extra charge of INR 750 for adults and INR 650 for children (approximately)
Babysitting/childcare is available for an extra charge
Pets are allowed for an extra charge of INR 4000 per pet, per night
Airport shuttle service is offered for an extra charge of INR 3309 (one way)
High-speed Internet access (wired) is available in guestrooms for INR 332 per hour (rates may vary)
High-speed Internet access (wired) is available in public areas for INR 332 per hour (rates may vary)
We have included all charges provided to us by this hotel. However, charges can vary, for example, based on length of stay or the room you book.
Recent reviews
Excellent 4.0 /5 from 38 reviews
Excellent property. Great staff and superb cottages with clean beache access.highly recommend for family and couples getaway. Only drawback is food is not that great.
Off peak stay experience was not good for me. Especially when the large corporate groups check-in into the hotel, it is not Taj-experience as usual. The large groups are not briefed up properly for using facilities like Swimming pool. Also the cottages are in very poor conditions, you will find strange insects or even scorpion in there. However, the Food is amazing in Bayview and the Upper Deck.
Bit disappointing. Taj Fish Cove needs to revisit the customer centricity aspect. I will rethink again before I book this hotel again in future.
We had standard room and paid around 12500 inr per night. It was not worth to spent over there. Buti think if could get any cottage or villa then it could be a great experince. But overall that was not okay. Nothing was available at night likeno liquer and food. Only two variety was availabe. I was nor expecting from the five star hotel thesekind of thing. In bathroom water pressure was bot good
Discover yourself.
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text:
Share house
Share house
2 Bedrooms
2 Beds
2 Bathrooms
2 Baths
|Room Type
|Private room
|Shared bathroom
|Length of Stay
|2 months to 1 year
|Anyone welcome
|Weekly rent
|4 weeks rent
|Not included in rent
|Available but not included in rent
|Off street parking
LOCATION OF PLACE: Dudley Parade, Canterbury, 3126 (google maps it). NUMBER OF ROOM AVAILABLE:
1 Medium Sized Room available now (today!)
1 Large Sized Room available in 2 weeks
Modern Appliances, Fully furnished, Fast WIFI (100mbs) and only 2 month Minimum Stay, Very Close to Train Station (20 minutes into the City) **3 STOPS TO SWINBURNE UNI **7 STOPS TO RMIT **15min TRIP TO DEAKIN UNI AND BOX HILL
PRICE: $900 per month + Bills for 1 room. All rooms fully furnished.
I have 2 Large/Medium rooms available for rent.
About the house:
The house and the rooms are fully furnished with queen-sized beds, desks and inbuilt closets. The house is modern with brand new appliances. Perfect for students or those looking for a cozy place to call home. Current housemates are myself 26 (entrepreneur business owner) and my girlfriend 24 (PhD Student)
What's included: 1. Your own room 2. Fully Furnished with bed, desk and closets. 3. This house has all the necessary utilities for the best living. Fast Cable Broadband Internet (100/mbs) WIFI , Water, Gas, Electricity and Foxtel (cable tv) 4. Fully stocked kitchen and laundry (With Dryer). All appliances bought within the last 2 years. Awesome housemates! We are looking for students or working people. Applicant must be exceptionally disciplined to keep shared bathroom, kitchen and living room clean.
Close to East Camberwell Station
20 minutes into Flinders St
Fast Internet
Fully Equipped House
Quiet House Perfect for Studying
If you like Salsa dancing it's a bonus..we love it! :)
More share house listings in Canterbury, Melbourne


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September 29, 2009
CUNNINGHAM CHARTER CORPORATION, ON BEHALF OF ITSELF AND ALL OTHERS SIMILARLY SITUATED, PLAINTIFF,v.LEARJET, INC., DEFENDANT.
This cause is before the Court on Plaintiff's Renewed Motion to Remand. (Doc. 77). Defendant timely filed a Response opposing remand. (Doc. 78). Plaintiff timely filed a Reply. (Doc. 83). On April 27, 2009, the Court denied class certification. (Doc. 76). In the Renewed Motion to Remand, Plaintiff argues that the denial of class certification undermines the Court's subject matter jurisdiction over this matter. This is not the first time this issue has arisen in the Southern District of Illinois. See Ronat, et al. v. Martha Stewart Living Omnimedia, et al., 05-cv-520-GPM (S.D. IL. November 12, 2008). Defendant removed this case pursuant to 28 U.S.C. § 1332(d)(2), 28 U.S.C. § 1332(d)(5) and 28 U.S.C. § 1453(a), all part of the Class Action Fairness Act of 2005 ("CAFA"). Neither the Parties nor the Court has identified any other basis for federal subject matter jurisdiction over this case.
CAFA defines a class action as "any civil action filed under rule 23 of the Federal Rules of Civil Procedure or similar state statute or rule of judicial procedure authorizing an action to be brought by 1 or more representative persons as a class action." 28 U.S.C. § 1332(d)(1)(B); 28 U.S.C. § 1453(a). Further, CAFA states that it "shall apply to any class action before or after entry of a class certification order by the court with respect to that action." 28 U.S.C. § 1332(d)(8). The statute defines the term "class certification order" as "an order issued by a court approving the treatment of some or all aspects of a civil action as a class action." 28 U.S.C. § 1332(d)(1)(C) (emphasis added). The jurisdictional component of CAFA states, in relevant part, that "[t]he district courts shall have original jurisdiction of any civil action in which the matter in controversy exceeds the sum or value of $5,000,000, exclusive of interest and costs, and is a class action . . ." 28 U.S.C. § 13312(d)(2).
Plaintiff, citing a number of district court cases both within the Seventh Circuit and outside thereof, maintains that the Court's denial of class certification divests the Court of subject matter jurisdiction. The principal argument in those cases is that a denial of class certification is a finding of law stating that this case is not a class action, and more importantly, never was a class action. Thus, so the argument goes, because the case was never a class action, it was not so at the time of removal and diversity jurisdiction is defeated. Seee.g., Ronat, et al. v. Martha Stewart Living Omnimedia, et al., 05-cv-520-GPM (S.D. IL. November 12, 2008); Jones v. Jeld-Wen, Inc., No. 07-22328-CIV, 2008 WL 4541016 (S.D.Fla. Oct. 2, 2008); Clausnitzer v. Federal Express Corp., No. 06-21457-CIV, 2008 WL 4194837 (S.D. Fla. June 18, 2008); Arabian v. Sony Elecs., Inc., No. 05cv1741 WQH (NLS), 2007 WL 2701340 (S.D.Cal. Sept. 13, 2007); Giovanniello v. New York Law Publ'g Co., No. 07 Civ.1990(HB), 2007 WL 2244321 (S.D.N.Y. Aug.6, 2007); Falcon v. Philips Elecs. N. Am. Corp., 489 F.Supp.2d 367 (S.D.N.Y.2007); Gonzalez v. Pepsico, Inc., No. 06-2163-KHV, 2007 WL 1100204 (D.Kan. Apr.11, 2007); McGaughey v. Treistman, No. 05 Civ. 7069(HB), 2007 WL 24935 (S.D.N.Y.Jan.4, 2007).*fn1
Defendant, on the other hand, argues that the denial of class certification is not an obstacle to this Court's subject matter jurisdiction. There is an equally lengthy list of district court opinions supporting that position. See, e.g., Colomar v. Mercy Hosp., Inc., No. 05-22409-CIV, 2007 WL 2083562 (S.D.Fla. July 20, 2007); Garcia v. Boyar & Miller, P.C., Nos. 3:06-CV-1936-D, 3:06-CV-1937-D, 3:06-CV-1938-D, 3:06-CV-1939-D, 3:06-CV-2177-D, 3:06-CV-2206-D, 3:06-CV-2236-D, 3:06-CV-2241-D, 2007 WL 1556961 (N.D.Tex. May 30, 2007); Genenbacher v. CenturyTel Fiber Co. II, LLC, 500 F.Supp.2d 1014 (C.D.Ill.2007). The principal argument under those cases begins by pointing out that CAFA jurisdiction is fundamentally a variety of diversity jurisdiction. From that starting point, the courts equate a denial of class certification to a change in jurisdictional facts, such as the diversity of citizenship of parties, after a case is removed. Such a change does not undermine a district court's subject matter jurisdiction. See Rising-Moore v. Red Roof Inns, Inc., 435 F.3d 813, 816 (7th Cir.2006).
The Court finds more persuasive the line of cases finding that a denial of class certification divests federal district courts of subject matter jurisdiction. The federal courts are of limited jurisdiction and possess only that power authorized by the Constitution or Congress. Bowles v. Russell, 551 U.S. 205, 212, 127 S.Ct. 2360 (2007); Kokkonen v. Guardian Life Insurance Co. of America, 511 U.S. 375, 377, 114 S.Ct. 1673 (1994). It is not the job of federal judges "to speculate upon Congressional motives" when examining a statute. Riegel v. Medtronic, Inc., 128 S.Ct. 999, 1008-1009, 169 L.Ed.2d 892 (2008). Starting with that premise, the Court finds that any doubt as to subject matter jurisdiction should be resolved in favor of remand. In this case, there are more than mere doubts regarding the Court's jurisdiction.
In the case at bar, the Court found that the case cannot proceed as a class action under Federal Rule of Civil Procedure 23(a) because (a) the proposed class was not sufficiently precise to enable the Court to ascertain the identity of the class members; (b) it was unclear whether Plaintiff was a member of the proposed class; and (c) the proposed class failed to meet the Rule 23(a) prerequisites of numerosity, commonality, typicality, and adequacy. In short, the case failed to meet any of the prerequisites necessary to define it as a class action. The findings in the Court's denial of class certification also reflect that there is no reasonable chance that the defects in the class could ever be cured.
By its title and terms, CAFA only applies to "class actions." While that concept is easy enough to grasp, the statute defines a "class action" in terms of the allegations of the Complaint and not based upon actual certification of the case as a class action.
28 U.S.C. § 1332(d)(1)(B); 28 U.S.C. § 1453(a). Further, the "before and after" language at 28 U.S.C. § 1332(d)(8) demonstrates that Congress recognized that at the time of removal or filing, the case will not be certified as a class action. The jurisdictional part of the statutory scheme adds only the requirements of minimal diversity and a $5,000,000 amount in controversy. Thus, it could not have been Congress' intent that certification is necessary for the case to be removed to or filed in federal court pursuant to CAFA. Certainly, the practice in federal district courts does not reflect such a statutory scheme. All that is required are class allegations sufficient to establish a putative class action. Thus, certification is not a jurisdictional fact that needs to be established from the outset in order for the Court to exercise subject matter jurisdiction. Further, certification is not a jurisdictional fact that can change without the court losing jurisdiction. Instead, class certification or the denial thereof is a finding of law similar to that in a summary judgment order.
Even if certification was a "jurisdictional fact," an order denying certification of a class is essentially a finding that the civil action is not and never was a class action. Thus, the Court finds that equating this situation to a post-removal change in jurisdictional facts is a false analogy. This situation is more akin to a finding, after removal, that subject matter jurisdiction never existed because the jurisdictional facts were not as initially believed. A post-removal change in jurisdictional facts does not defeat diversity jurisdiction. Rising-Moore v. Red Roof Inns, Inc., 435 F.3d 813, 816 (7th Cir.2006). However, a discovery that diversity jurisdiction never existed, including at the time of removal, obviously does. See FED.R.CIV.P. 12(h)(3).
While certification is not necessary to remove or file a case pursuant to CAFA, it is apparent that Congress intended certification to be a necessary step. Equally obvious is that CAFA ceases to apply if the case is not certified as a class action. One need only look at the definition of "class certification order" at § 1332(d)(1)(C) and the applicability clause at § 1332(d)(8). Reading those two sections in combination with the definition of a "class action," supra, makes it clear that if the district court does not enter a certification order approving of the case as a class action, then CAFA ceases to apply to the case once the certification order is entered. Because CAFA provides the statutory basis of the Court's subject matter jurisdiction, it follows that if it ceases to apply, then the Court loses that jurisdiction in the absence of an independent basis. The Court then must dismiss the case or remand it to state court regardless of the procedural stage. FED.R.CIV.P.12(h)(3). That is precisely the result reached in this case.
In sum, the Court's Order denying class certification divests it of subject matter jurisdiction over this matter. Accordingly, the Court GRANTS Plaintiff's Renewed Motion to Remand. (Doc. 77) and REMANDS this case to the First Judicial Circuit, Union County, Illinois. The Court, in its discretion, declines to award Plaintiff's costs and expenses, including attorney fees, pursuant to Section 1447(c). Any other pending motions are DENIED as MOOT.
David R Herndon Chief Judge United States District Court
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text:
Price paid: $ 157.21
Purchased from: Local Music Store
Features: I'm not really sure where or whne this guitar was made but whoever did it I give props to them. It's a 24 fret Strat style guitar. I'm pretty sure it's made of alder and on mine the neck and fretboard is pure maple. It has a very dark black colour which shines in light which gives off a grat vibe during gigs. It has 2 single coil and 1 humbucker. I got a bag strap and a lot of picks. // 8
Sound: This guitar is very good for its price and is a great begginers guitar. I got this when I was younger (I'm 16) and I enjoyed how it can go from pleasent sounds on clean (great clean) to head banging metal with the humblucker. I have a Boss DS-1 Distortion pedal and that only adds to its diverse sounds. So for its price it's a very good guitar. // 10
Reliability & Durability: This guitar is very well made and the strap pins are very well "stuck" in the guitar. I've dropped it 4 times in one day and had it go through a airplanes cargo hold with a gig bag. Washburn made a very strong and durable guitar. // 10
Overall Impression: I play mostly punk, rock and some metal. I love this guitar for it. I have a Gibson Explorer and I use that for more "heavy" songs but for mosly everything else I use this! If someone stole it I'm not sure if I'd buy it again because weather or not I caught the guy and removed the thumbs with a hammer I'm currently saving up for a bigger amp. I'd guess I had to suffice with the Explorer(very good guitar, highly reccomended for intermediate to master players). I've campared it to squire stat and tele and some other annymouse guitars at the stior and chose this one for its sound and look. I love its look. Like I said ealier, it gives off a shiny flash in light which during gigs is wonderfull. I had a same solo moment at my school when I did a solo and the guitar was shining all the way through. Also for 200 bucks you can't go wrong. // 8
Price paid: $ 150
Features: When I bought the guitar it was new and I got it two years ago. This was my first guitar and now i HATE it. The guitar stays in tune for about an hour. It has a tremolo but it also sucks. The first time you use it it puts the guitar WAY out of tune. The string-thru body makes it really annoying to change the strings. The neck is a fat c shape. The guitar comes with a tone and volume Switch and a 5 way selector but the tone Switch is already broken. // 4
Sound: This guitar doesn't suit my music style which is anything from minor threat to green day. At this moment I am using a Boss ds1 distortion and a Randall 15 watt amp. It only sounds good with distortion andthat sound reminds me of a cross between minor threat and the ramones. it has a fairly crappy sound. // 6
Action, Fit & Finish: When the guitar came from the factory it was set up really well nothing was loose broken or damaged but stuff started getting messed up after a few months. The pickups were a little two low for my taste but that was easily fixed. // 6
Reliability & Durability: I'm not so sure that the guitar would withstand live playing because I just started my band about a week ago. It's not that the hardwear seems not to last, it simply doesn't. the strap buttons are fairly solid. I wouldn't use it in a gig without a backup, but unfortunately I don't have a choice at this point. // 6
Overall Impression: I play a fast style of punk music, but I am trying to incorporate an AFI/Nirvana sound and im not so sure I can do it with this guitar. I have only been playing for a year and this is my first guitar but I have played others (J. Reynolds, ESP, Fender). If it were stolen then I would be kind of happy because then I would have an excuse to get a better one. Unfortunately I didn't have a chance to try any other guitars because my parents bought me this one without my consent. // 4
Price paid: $ 441
Purchased from: Music Maestro, my local music shop.
Features: Very good machine heads, the same quality as those from guitars that are much more expensive. It has 24 frets and that's definitely usefull. The neck is very smooth and thus very easy to play on. It has a floating brige (tremelo) wich might've been a little better. Tone and volume control and a five-way Switch. The coulour of the guitar is very dark gray (almost black). // 8
Sound: The sound is very good and versatile, I'm using a Roland Cube 30 as an amp right now and using the tone Switch you can really get loads of different tones out of your guitar. I moslty play metal/grunge type of music and the guitar is almost perfect for that kind of music. The acoustic and clean sound of the guitar also is very bright and pure. The only negative thing is that is buzzes awfully when the volume of the guitar is on maximum and you don't play, but that can be helped by turning off the volume of course or muting the strings. // 8
Action, Fit & Finish: This guitar was well set-up when I bought it, the only thing I changed was putting thicker strings on it (but that isn't the factories fault) and I did something about the bridge too (more about that later). // 8
Reliability & Durability: This is a very sturdy guitar, only one thing got broke in the year and a half I've got my guitar, the plastic top of the tone Switch fell of, but with a bit of glue that was easely fixed. Except for some minor scratches the guitar doesn't show any sings of wearing out. // 10
Overall Impression: This was my very first electric guitar, I bought it after I'd quit playing the classical guitar for almost five years. Hence I knew nothing about electric guitars, I bought this one just because it was the right coulour and shape and it was inside my price range. Now that I am much more familiar with electric guitars, I can say that I don't regret my purchase, alltough it isn't perfect. This is the best example. The guitar has a floating bridge, since I like do tune down my guitar this isn't such a good feature. First I only tuned my guitar into drop D so that didn't cause much of a problem, the guitar didn't get out of tune to hard. But then, I started to get into the more heavy rock and metal, so I tried to get my guitar into C-tuning in wich I failed awfully. But, with a little of creativety, I was able to fix the bridge, now I can tune my guitar however I want.
Eventhough I'm quite satisfied about it, I wouldn't buy the same one if it were stolen, I would replace it with an Ibanez SZ320, because that one doesn't have a tremelo of course. Except for my old classical guitar, I don't own another one, but I recently bought an Ibanez RG7321 (7-string) and it should arrive from Japan within the next few days. Overall it's a good guitar, escpecially when you start playing. // 8
Price paid: $ 158
Purchased from: Acadia Music
Features: I'm not sure the year or where it is built. It has 24 frets whcih is all maple. Body is made of alder I beleive and the neck is maple. It is a Strat style guitar. String thru-body. It has volum and tone knobs and a 5-way selector. It has a humbuckler and 2 single and I think they are wahburn standard. I got a bag, strap and a couple of picks. It does have a tremolo bridge (floating) and that works pretty well. Just the problem is if you play too hard and accident puch on it during a gig. // 6
Sound: My music style is punk to hard rock and some metal. This hguitar does the rock very well. Its humbuckler has a deep sound which is pretty good. I have a Marshall 15 watt and with the distortion on it makes a horrible screeching sound at high levels. It has a very bright and puse sound oin clen through. I think this guitar could play many styles but would'nt be very good at them. Jack of all trades, master of none. // 6
Action, Fit & Finish: The guitar was pretty well set up and I haven't changed a thing except the pickups. // 8
Reliability & Durability: This guitar is very well made. I wouldn't gig without a backup through because last time I did, my strap broke. Not the guitars fault but nontheless bad. The pins are pretty stuck in there so I wouldn't worry about that. // 10
Overall Impression: I play mostly rock, punk and metal and this guitar is great for these types. Like I said before jack of all trades master of none. I've been playing about 3 months now and wish I would've got Washburn's other model, the WI64. If it were stolen I would'nt buy it again cause well imbored of it. I would get the WI64. I really like its look though, but it's heavier than most of the guitars I played on. // 6
Sound: I play many different styles and this guitar is very versitile. The strings that came with it were very mediocre if not poor, I replaced them with some ernie ball strings and the thing makes a fantastic sound! The 5-way selector Switch provides many different sounds which is great for the beginner guitarist who may want to experiment and change their style after a few months of playing. You can grind some heavy metal from it and scream some blues pretty easily provided you have a decent amp. I use a Marshall amp and it sounds great with it. it doesn't sound very good at all on some cheaper amps I tried out though. Overall I couldn't expect a better sound for the 150 pounds I payed for it, I would rate it a 4 but for 150 pounds the price really doesnt reflect on the sound. // 10
Action, Fit & Finish: The guitar came in great condition. Nothing special though. // 6
Overall Impression: Very versatile, I play many different types of music on my guitar ans it seems to be pretty suitable (it doesn't look it) blues, metal, punk, grunge (deep down we all love powerchords) and some other alternative rock. I hate to stomp on my distortion pedal at times because I miss the clean sound! I highly recommend this to beginner guitarists. If it was stolen I would probably get a different guitar, not because I dont like this guitar but because I would probably like to try something else! I noticed that this doesnt rattle very much unless you pluck to E string too hard, which is unlike most beginner guitars I've played (Squier, Encore and some more, some other random ones I forgot the name of) I love the fret board on this guitar, it looks and feels far superior to other guitars of the same price but I disliked the strings that came with it, they gave a very dull tone and had little sustain as if they were very old, (not a very nice first impression, especially for beginners) the guitar sounds 100 pounds better with decent strings! I wish it had 2 tone dials, not that the one it has isnt sufficient, but because I'm picky! note that I compared this guitar with the guitars I've played of the same price. I am yet to find a better guitar for this price! // 8
Purchased from: Musicians Friend Outlet Store
Features: The guitar has an alder body and maple neck with a rosewood fretboard and decent frets from the factory. It is set up with SSH, 5 way switch, tone and volume controls. The inside of the electronics cavity is shielded and the tremolo is grounded properly. It has a floating tremolo, which is THE down side to this guitar especially since it only comes with two springs from the factory. If you are going to use the trem, buy three more springs and make it stiffer, if you don't use the trem then lock it in place. I personally hate trems so I made a lock for it out of inch thick plastic. Even though I hate trems, this guitar was and is a great purchase. // 8
Sound: The pickups on this guitar are nice, very nice. I play everything from classic rock, heavy metal, grunge, and some folk, blue-grass (ya, it really pisses off the rest of the band). The pickups can be down right nasty, gritty things or nice clean peachy little sound makers. The neck is not that bad, the action should be set a bit lower than you think it should. With that said, this neck is a bit picky if you don't have the bridge set right and/or the nut is off a little. Other than that, the guitar has the right sound for almost anything (I have yet to find something it cannot play, other than country, and that's more the player, myself, refusing). // 9
Action, Fit & Finish: I have owned this guitar for over 12 years. It looks great. The wood has not cracked, the paint has not faded. As long as you treat it right, this guitar should last. Washburn did a solid on this guitar. There are no problems with the fit or finish that I can find. The tuners are smooth and work like a baby's pinky finger. The pots are 500k with metal knobs and all the electronics are put together very well. The pickups are black and the whole guitar is shiny black with a nice little grey metal flake in it, makes one want to smash a squash like a drunk monkey in a suit of armor. // 10
Reliability & Durability: Reliability? Seriously? I had to shelve this guitar for a few years due to some issues that did not allow me to play. When I pulled it back out, I hooked it up to a tuner just for giggles to see how bad the tuning was, the strings were, etc... NOTHING was wrong. It was still in tune, the neck was still straight, and since I kept the climate controlled, the wood was still solid. Let me say it again, This guitar stayed IN TUNE for over 4 years! Yes, this is a solid guitar. // 9
Overall Impression: Washburn did us a favor making this guitar, and pricing it so cheap. I love it, mostly. I hate the floating trem, it's nothing against this one in particular, I hate ALL floating trems. The only reason I chose this guitar in the first place is because it was a special that Musician's Friend had at their outlet store in KC. Am I glad I picked this particular guitar? Heck yeah! I would buy this one again if the price were right. It is a great guitar for the money. // 9


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