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December 15, 2009
TIMOTHY J. WALTON, PLAINTIFF AND RESPONDENT,v.SCOTT MUELLER, DEFENDANT AND APPELLANT.
Trial Court: Santa Clara County Superior Court No. CV033020 Trial Judge: Hon. Mary Jo Levinger.
A $40,000 default judgment was entered against defendant Scott Mueller in this action in June of 2006. That judgment became final. Some two years later, Mueller began negotiations with Timothy Walton, the judgment creditor, to satisfy the judgment. Although Mueller contends that they reached an agreement to fully satisfy the judgment by Mueller paying Walton $15,000, Walton disputes that such a contract was ever formed. Without actually having paid anything, Mueller filed a motion to enforce the alleged settlement, purportedly under Code of Civil Procedure section 664.6,*fn1 which, under certain conditions, provides for entry of judgment in conformance with a settlement in pending litigation. The trial court denied the motion, finding that no settlement agreement was ever reached. Regardless of whether an agreement was reached, we conclude that section 664.6 does not apply after a judgment has become final in an ordinary civil action because at that point, litigation is no longer pending as expressly contemplated by the statute. We accordingly affirm.
Walton, a lawyer representing himself, initiated this action by filing his complaint for damages and injunctive relief against defendants other than Mueller on December 28, 2004. It alleged violations of the Consumers Legal Remedies Act (Civ. Code, § 1750 et seq.) for a first cause of action and a second claim based on "California Restrictions On Unsolicited Commercial E-mail Advertisers" under Business and Professions Code section 17529.5. The factual basis of the claims was that the defendants had allegedly sent Walton numerous unsolicited commercial e-mails containing deceptive and false information and advertisements. The complaint was amended twice, among other things adding Mueller, a Florida resident allegedly doing business as "Acceleratebiz Incorporated," as an individual defendant. Mueller was alleged in the operative third amended complaint to have sent Walton 40 unsolicited e-mails, for each of which Walton sought, among other things, $1,000 in statutory liquidated damages under Business and Professions Code section 17529.5, subdivision (b)(1)(B)(ii).
Default was entered against Mueller on January 26, 2006. A default judgment against him was entered by the court on August 25, 2006, for $40,000, supported by Walton's declaration as to having received the 40 unsolicited commercial e-mails from Mueller.*fn2
Two years later, in August 2008, Mueller's counsel orally proposed to Walton that he accept $15,000 from Mueller, payable in three installments over 12 months, in full satisfaction of the judgment. This offer was confirmed by Mueller's counsel by e-mail to Walton on August 28, 2008. Walton countered that offer on September 3, 2008, by orally proposing that Mueller pay him $20,000 in installments over 18 months. Mueller, through counsel, then orally countered the next day with an offer to pay Walton $15,000 in installments over nine months. On October 13, 2008, this offer was communicated to Walton by letter, after Walton requested that the discussions be reduced to writing.
At that point, Walton was simultaneously in the process of executing on the judgment by levy against one of Mueller's bank accounts, though Walton did not apprise Mueller's counsel of this. But after the bank account was levied, Mueller told his lawyer, who wrote to Walton on October 16, 2008, demanding that execution efforts cease while they "finalize settlement documentation." The letter did not mention the terms of any specific settlement. Walton responded by letter dated October 17, 2008 to Mueller's counsel, stating that he would not cease executing on the judgment, as was his right. The letter also impliedly rejected Mueller's last settlement offer of $15,000 payable over nine months*fn3 and said, "Am I to understand that you now seek settlement on no conditions other than payment of money? If so, and you have no other proposed settlement terms that you wish to include, please send a check in the amount proposed [$15,000], and we will cease any further proceedings in regard to execution of the judgment."
On October 22, 2008, Mueller's counsel responded by letter to Walton. Among other things, he asserted that a binding contract had been reached in settlement of the judgment on the terms relayed in Mueller's last offer-$15,000 payable over nine months. But, he continued, "[n]otwithstanding that agreement, the attorneys working on your behalf have apparently filed an execution lien against Mr. Mueller's bank account.[*fn4 ] In view of that action, Mr. Mueller offers to pay the sum of $15,000 to settle this litigation. Said money to be paid directly to you from the account that is presently subject to the execution lien. Obviously, your enforcement efforts preclude him from writing a check against that account at the present time. [¶] The offer stated in this letter is without prejudice and with a full reservation of rights to enforce the earlier binding settlement agreement between you and Mr. Mueller . . . ."
On October 30, 2008, Walton again wrote to Mueller's counsel. He denied that a settlement had been reached and stated his position that negotiations had not resulted in the formation of any contract. He further requested Mueller's counsel to reduce any proposed settlement to a complete written draft of an agreement containing all terms and conditions so that he could fully understand and evaluate it.
On October 31, 2008, on Mueller's application, the court issued an order to show cause why enforcement of the judgment should not be stayed on account of the alleged settlement agreement composed of payment by Mueller to Walton of $15,000 over nine months. But on November 13, 2008, the court denied Mueller's motion to stay enforcement, specifically finding "that the parties did not reach any settlement agreement."
On November 24, 2008, Mueller himself wrote to Walton, stating, "In response to your letter of October 17, 2008 . . . , I accept your offer to settle this lawsuit in exchange for a lump sum $15,000 payment. I hereby tender the settlement payment of $15,000." Enclosed with the letter was a copy of a cashier's check payable to Walton, but no actual check.
In response, Walton wrote to Mueller's counsel on December 3, 2008. He stated his position that his October 17th offer to accept a check for $15,000 in full satisfaction of the judgment had been rejected by Mueller's counsel's letter of October 22nd, which had offered to fully satisfy the judgment by payment of $15,000 directly from Mueller's bank account that was subject to the execution levy rather than by separate check. This would necessarily have required Walton to release the levy before receiving payment. Walton then offered to "agree to a confidential settlement for $60,000. Once I have the check for $60,000, I will cease enforcement actions."
On January 22, 2009, Mueller filed a motion to enforce what he contended was a binding settlement, as evidenced by Walton's offer of October 17th to accept a check for $15,000 in full satisfaction of the judgment and Mueller's letter of November 24th enclosing the copy of a cashier's check. The motion was brought under section 664.6, on the ground that the parties had agreed to the terms of a settlement in writing. Walton opposed the motion, reiterating his contention that no contract had been formed. The court denied the motion from the bench, stating that it did not "believe there was a valid settlement agreement entered into."*fn5 DISCUSSION
I. Appealability
There are two issues relating to appealability.
First, is the order appealable? Ordinarily, an order denying a motion to enforce a settlement in pending litigation under section 664.6 is not appealable, as judgment has not yet been entered and there are accordingly issues left in the trial court for consideration. (Doran v. Magan (1999) 76 Cal.App.4th 1287, 1293 ["The denial of the motion, rather than finally disposing of the action, expressly leaves it open"]; cf, Viejo Bancorp, Inc. v. Wood (1989) 217 Cal.App.3d 200, 205 (Viejo Bancorp) [order granting § 664.6 motion is appealable as the "intended substance and effect of the judgment is to finally dispose of" the action].) But here, because the motion concerned an alleged settlement to satisfy a judgment, the motion was necessarily brought after judgment had been entered. Apart from the question of the motion's propriety at that juncture, its denial nevertheless resulted in an order after judgment that is arguably appealable under section 904.1, subdivision (a)(2) as an order made after an appealable judgment. We will accordingly treat the order denying the section 664.6 motion as such in these narrow circumstances, particularly because there are no issues left for the trial court's consideration, a hallmark of an appealable order or judgment.*fn6 (Doran v. Magan, supra, 76 Cal.App.4th at p. 1293.)
The second issue relating to appealability in this case is whether the appeal is premature as no written order was entered denying the motion. The minute order reflecting that the motion was denied was not included in the record but we obtained it from the superior court and have augmented the record on our own motion to include it. The minute order does not provide for or require that a written order be prepared for entry. It is therefore appealable even though it is not a formal, signed order. (In re Marriage of Lechowick (1998) 65 Cal.App.4th 1406, 1410 [unsigned minute order appealable unless it recites that formal order is to be prepared], criticized on another point by NBC Subsidiary (KNTV-TV), Inc. v. Superior Court (1999) 20 Cal.4th 1178, 1195, fn. 11.) And for purposes of determining the time for filing a notice of appeal, the minute order was filed or entered on the date it was entered in the permanent minutes-February 17, 2009. (Cal. Rules of Court, rule 8.104(d)(2); Strathvale Holdings v. E.B.H. (2005) 126 Cal.App.4th 1241, 1248.) The order was timely appealed on March 27, 2009. The appeal is therefore not premature and we proceed to the merits.
II. The Trial Court Properly Denied the Section 664.6 Motion
The parties assumed the application of section 664.6 and focused their briefing on whether or not an enforceable contract was reached. But we question the applicability of section 664.6 to the circumstances presented here, even if a binding contract was formed.*fn7
Section 664.6 makes available "a summary procedure by which a trial court may specifically enforce an agreement settling pending litigation without requiring the filing of a second lawsuit" or a supplemental pleading in the existing case on which a party may move for summary judgment to enforce a settlement. (Kirby v. Southern Cal. Edison Co. (2000) 78 Cal.App.4th 840, 843 (Kirby), citing Weddington Productions, Inc. v. Flick (1998) 60 Cal.App.4th 793, 809.) The statute provides in pertinent part that "[i]f parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement."*fn8
The threshold and dispositive issue presented here is whether section 664.6 can be applied to enforce an alleged settlement that occurs after a judgment has already become final in a civil action. At that point, is the litigation "pending" such that section 664.6 may be applied, particularly when the only remedy made available by the statute is entry of judgment pursuant to the settlement? This question involves construction and application of the statute, to which we apply independent review. (Williams v. Saunders (1997) 55 Cal.App.4th 1158, 1162.) In doing so, we review the court's ruling and not its rationale. (Davey v. Southern Pacific Co. (1897) 116 Cal. 325, 329-330; Perlin v. Fountain View Management, Inc. (2008) 163 Cal.App.4th 657, 663-664.)
"Our primary task in interpreting a statute is to determine the Legislature's intent so as to effectuate the purpose of the law. [Citations.] Because the statutory language is the best indicator of legislative intent, we must begin by examining the words of the statute itself [citation], giving those words their plain meanings [citation]. `When the statutory language is clear and unambiguous, there is no need for construction, and courts should not indulge in it.' [Citation.]" (Kirby, supra, 78 Cal.App.4th at p. 844.)
Previous cases analyzing the applicability of section 664.6 have addressed in other contexts the meaning of the phrase "pending litigation." In Viejo Bancorp, for example, parties to the action had agreed to a settlement of the case, and the action was dismissed. (Viejo Bancorp, supra, 217 Cal.App.3d at pp. 203-204.) After problems implementing the settlement arose, one of the parties then filed a new action. The party then successfully moved in that action under section 664.6 to enforce the earlier settlement by entry of judgment in the new action pursuant to the settlement of the previously dismissed one. (Viejo Bancorp, at p. 204.) The court of appeal reversed, holding that a section 664.6 motion "cannot be made in a separate action to enter judgment pursuant to the terms of a settlement in a prior action." (Viejo Bancorp, at p. 208.) In so concluding, the court considered the issue one of subject matter jurisdiction. It observed that "[b]y its very terms, section 664.6 is limited to settlements reached in pending litigation" and that the statute "requires an action to be pending when the parties enter into the agreement." (Id. at p. 206.)
In Kirby, the plaintiff filed a wrongful death action. The defendant asserted in its answer that a settlement had been reached before litigation had even begun. The defendant moved to enforce that settlement under section 664.6 and the trial court granted the motion, dismissing the action. (Kirby, supra, 78 Cal.App.4th at pp. 842-843.) The court of appeal reversed, concluding that the summary procedures of section 664.6 do not apply to a settlement agreement made before litigation was actually pending. The court reasoned that the statutory language "refers to settlements by `parties to pending litigation' who `stipulate . . . for settlement of the case . . .' " and that this language is clear and unambiguous in its requirement that parties be litigants who settle while litigation is pending. (Id. at pp. 844-845.) The court further observed that the statute's legislative history reinforced its requirement that litigation be pending, as the problem the Legislature had targeted was that of parties to a settlement reached at a pretrial conference changing their minds after the case had been taken off calendar-a problem that does not exist outside the context of pending litigation. (Id. at p. 845.)
In Housing Group v. United Nat. Ins. Co. (2001) 90 Cal.App.4th 1106 (Housing Group), parties to an insurance dispute participated in private mediation and reached a settlement. No lawsuit was pending at the time. The parties stipulated to the appointment of a judicial referee or judge pro tem in an attempt to secure that their settlement was enforceable under section 664.6. They filed a stipulated petition in the superior court for the appointment of a judge pro tem to preside over the entry of a settlement. (Housing Group, at p. 1107.) The court appointed a judge pro tem and the parties recorded a settlement at a hearing before him. One of the parties later moved in the superior court under section 664.6 to enforce the settlement. The court granted the motion and entered a partial judgment. (Housing Group, at p. 1107.) The court of appeal reversed, concluding that the superior court lacked subject matter jurisdiction, despite the parties' attempt to confer it by stipulation, because they did not seek the reference in litigation pending before the court. No complaint alleging a dispute had ever been filed, and the section authorizing the reference, section 638, did not by itself confer subject matter jurisdiction to render the settlement enforceable by the court under section 664.6. (Housing Group, at pp. 1108, 1113-1115.)
These three cases all address the "pending litigation" requirement of the statute by narrowly construing this term on its face, which is a starting point in the construction of the statute. But none of them presents the circumstance in which section 664.6 was invoked after a judgment had already been entered. In re Marriage of Armato (2001) 88 Cal.App.4th 1030 (Armato) is the only published case to address section 664.6's application to a postjudgment circumstance. There, the parties' marriage was dissolved by a judgment of dissolution that included provisions relating to husband's payment of monthly child support. The judgment also provided that the court would retain continuing jurisdiction to effectuate the terms of the judgment and that no separate proceedings would be required in order to do so. (Armato, at pp. 1032-1033.) At one point, pursuant to motion, the court modified child support. Later, the parties on their own agreed to another modification by which husband would pay higher support and they reduced their agreement to a writing that both of them signed. Husband made the higher payments for some time but then reduced his payments to the old amount based on his assertion that due to other circumstances between the parties, he could no longer afford the higher payments. (Id. at pp. 1033-1034.) Wife brought a motion under section 664.6 to enforce their post-dissolution-judgment written agreement. The trial court granted the motion, concluding that husband and wife were parties to pending litigation as required by the statute " `inasmuch as there was continuing jurisdiction to modify a support order in a family law case.' " (Id. at p. 1034.)
Faced with the question whether the meaning of "pending litigation" as used in section 664.6 applies to post-dissolution child support matters, the court of appeal first noted as important that the judgment in that case itself provided for continuing jurisdiction to effectuate it and specifically provided that no separate proceedings would be required in order to do so. (Armato, supra, 88 Cal.App.4th at p. 1035.) Then the court analyzed section 664.6 in the family law context, observing that the statute was enacted to further legislative policies shared with specific family law provisions concerning child support modification, particularly the shared policy for simple and expedited proceedings. (Armato, at p. 1036.) The court emphasized the public policies that place " `a high priority on enforcement of child support awards' " and the ability of family courts to retain jurisdiction to modify and enforce such awards following a final decree of dissolution, noting that these policies preserve access to the courts and to " `modification and enforcement mechanisms' " that promote " ` "flexibility in the administration of judgments which will affect the lives of the parties far into the future, especially after very lengthy marriages." ' " (Id. at pp. 1036-1037, italics omitted.) The court further noted the 1996 legislative direction to the Judicial Council to adopt rules of court and forms for a simplified method to modify support orders and other legislative action to streamline and make efficient the unique matter of child-support modification and to decrease the need for litigation in this area. (Id. at p. 1037; see e.g., Fam. Code, §§ 4053, subds. (a), (j) & (l); 4050-4076, 3901, subd. (b), 3660-3668.)
The Armato court went on to analyze the meaning of "pending" in the context of family law, observing that in that specific and unique context, as distinct from ordinary civil actions, a dissolution action remains pending after entry of judgment, particularly for purposes of child-support modification. (Armato, supra, 88 Cal.App.4th at pp. 1045- 1047; see, Lerner v. Superior Court (1952) 38 Cal.2d 676, 685 [many diverse proceedings grow out of a divorce action and arise after entry of the final decree]; Lamborn v. Lamborn (1923) 190 Cal. 794, 795-796 [dissolution action remained pending as to child support issues].) Further, the court observed, section 1049, which provides that "[a]n action is deemed to be pending from the time of its commencement until its final determination upon appeal, or until the time for appeal has passed," does not apply to child support proceedings. (Armato, supra, 88 Cal.App.4th at p. 1047.)
Based on all of these considerations, the Armato court concluded that for purposes of section 664.6, " `litigation' was `pending' . . . when [the parties] executed the letter agreement modifying child support" such that the statute could be used, even post-dissolution judgment, to enforce the agreement. (Armato, supra, 88 Cal.App.4th at p. 1047.)
Notwithstanding Armato, we hold that section 664.6, by its plain and unambiguous terms, does not apply in an ordinary civil action after a judgment-unrelated to the alleged settlement and therefore containing no provision for continuing jurisdiction to enforce it-has been entered and has become final in the sense that the time for appeal has passed. We so conclude because at that point, the litigation is no longer "pending" as used in the statute. To hold otherwise, out of perceived fairness or efficiency sake, even recognizing the established policy of promoting settlement, would do violence to the statutory language. The statute's sole remedy-entry of judgment pursuant to the terms of an agreed settlement-reinforces our conclusion as in this situation, final judgment in the action has already been entered and the one-final- judgment rule precludes entry of a second judgment.*fn9 Section 1049-defining when an action is pending and limiting that state to the point at which the time for appeal from the judgment has passed-further supports our conclusion. And although Armato was also decided in a post-judgment context and held that section 664.6 could be used to enforce an agreement concerning modification of child support, that holding was unique to the family law context (Housing Group, supra, 90 Cal.App.4th at pp. 1112-1113) and as we read it, to the specific context of child support modifications. Moreover, the distinctions the Armato court made between ordinary civil actions, like the one here, and post-dissolution child-support-modification proceedings for purposes of when an action is "pending" make the result in that case not inconsistent with our holding.
In supplemental briefing, Mueller likens this case to one in which a partial dismissal had been filed before the section 664.6 motion such that part of the action remained pending before the court, which was thus held to be not lacking subject matter jurisdiction to enforce a settlement under section 664.6. (See Casa de Valley View Owner's Assn. v. Stevenson (1985) 167 Cal.App.3d 1182, 1191-1192 (Casa de Valley View).) But here, we are not dealing with a partial dismissal. And a judgment had already been entered and become final at the time of the alleged settlement. In discussing the question of the presence or lack of the trial court's subject matter jurisdiction, the appellate court in Casa de Valley View acknowledged that " `where a tribunal has jurisdiction over the parties and the subject matter, the jurisdiction continues until a final judgment is entered.' [Citations.]" (Casa de Valley View, supra, 167 Cal.App.3d at p. 1191, italics added.) Thus, rather than supporting the application of section 664.6 here, Casa de Valley View instead buttresses our conclusion that the statute does not apply as the trial court was without subject matter jurisdiction to enforce a settlement made after a judgment in the action had already been entered and had become final, by entry of another judgment.
Basinger v. Rogers & Wells (1990) 220 Cal.App.3d 16, 22-24, also cited by Mueller, further supports the conclusion that section 664.6 does not furnish subject matter jurisdiction to enforce a settlement after a judgment has been entered and become final. In that case, a judgment of dismissal had been entered as part of a settlement. The court of appeal held that in order to later enforce the payment provisions of the settlement under section 664.6, the party had to first obtain relief from the judgment of dismissal under section 473, thus restoring subject matter jurisdiction to the trial court so it could proceed to apply section 664.6. (Ibid.) The court was without subject matter jurisdiction to apply section 664.6 unless the judgment of dismissal was properly vacated under grounds provided at section 473-mistake, surprise, or excusable neglect.
Mueller also attempts to analogize application of section 664.6 to case law concerning a trial court's retention of in personam jurisdiction over a defendant to enforce an existing judgment (see, e.g., Goldman v. Simpson (2008) 160 Cal.App.4th 255, 263-264) and to various statutes generally governing the renewal, enforcement, and satisfaction of judgments. (See, e.g., §§ 683.120, 683.170, subd. (b), 699.040, subd. (a), 701.520, subds. (c) & (d), 724.030-724.050, 724.080.) But we are not dealing with the concept of in personam jurisdiction. And for purposes of subject matter jurisdiction, the renewal, enforcement, and satisfaction of an existing judgment are entirely distinct matters from an attempt to enforce a settlement under section 664.6 by entry of a judgment pursuant to the settlement. A court of course retains subject matter jurisdiction to renew, enforce, or compel satisfaction of an existing judgment by the statutory procedures available for these purposes. (See, e.g., §§ 680.010- 720.800, 724.010-724.260.) But these statutory mechanisms are unrelated to the enforcement of an alleged settlement by entry of a new judgment, which is section 664.6's only remedy. By resort to section 664.6, Mueller was not attempting to renew, enforce, or even compel satisfaction of the existing judgment. He was instead attempting to supplant it by in effect replacing it with another judgment, amounting to the substitution of a new and lesser obligation in its place. Thus, authorities concerning the renewal, enforcement, and satisfaction of an existing judgment offer nothing to promote or facilitate application of section 664.6 here.
Indeed, statutory authority concerning the satisfaction of judgments only confirms that a judgment debtor, like Mueller, who wishes to enforce an alleged agreement to satisfy a judgment, whether for full payment or something less than that, is not without a remedy. But it is not section 664.6. Section 724.050, subdivision (d), specifically provides a noticed motion procedure to compel a judgment creditor to furnish an acknowledgement of satisfaction of judgment through which a trial court may determine whether an agreement for full satisfaction has been reached. The statutory scheme for satisfaction of judgment (§ 724.010 et seq.), which includes this section, has been characterized as providing "only a single method for a judgment debtor to obtain an order for entry of satisfaction of judgment (other than in the case of a writ of execution) in those cases in which the judgment creditor refuses or fails to file or deliver a signed acknowledgment of satisfaction. . . . There is no other procedure [than section 724.050] authorizing a noticed motion for entry of satisfaction of judgment." (Quintana v. Gibson (2003) 113 Cal.App.4th 89, 94; see also Wade v. Schrader (2008) 168 Cal.App.4th 1039, 1048 [statutory procedure for compelling satisfaction of judgment may be used to balance offsetting judgments].) Mueller's alleged settlement agreement is just the kind of agreement for which section 724.050, subdivision (d) is available-to compel the judgment creditor to furnish an acknowledgment of satisfaction of judgment based on an agreement to satisfy the judgment by payment for less than the full face amount.
Thus, section 664.6 was not an authorized or available procedure for Mueller to use to enforce the alleged settlement. After entry and finality of the judgment, the action no longer constituted "pending litigation" as used in the statute. Moreover, the judgment already having been entered and become final, section 664.6, with its sole remedy of entry of judgment pursuant to the settlement, was not available to enforce the alleged settlement by entry of a second judgment. That would have violated the one-final-judgment rule. The trial court therefore properly denied Mueller's motion, albeit for a different reason-the lack of a binding contract.*fn10
The order denying Mueller's section 664.6 motion is affirmed.
WE CONCUR: Rushing, P.J., Elia, J.
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The attitude of Jesus toward women
His life on earth was brief–just 33½ years. His ministry was briefer still–only 3½ years. Yet no one's life and teachings have impacted history so much in such an immense manner as that of Jesus. What He taught and what He did have altered the course of history and have dramatically changed and continue to change millions of lives around the world. His teachings have affected every arena of life–religion, education, work, ethic, health, social justice, economic development, and the very art and science of human living.
One facet of Jesus' mission that is less known but worth reviewing is His attitude toward women. This is particularly important in light of how the world of Jesus' time treated women. Romans and Greeks, Jews and Gentiles, gave women nothing more than second-rank status: useful tools in a male-dominated society–cook the meals, bear and rear children, and play whatever role was assigned to them within the walls of their houses. Individual cases of leadership and bravery stand out here and there, now and then, but by and large women were under the dominion of men. They were considered property that was transferred from father to husband.
Into such a world as that, Jesus came and opened new vistas of human equality and dignity. He opposed human traditions and sought to lead men and women back to God's original plan for humanity. This article will briefly review the attitude of Jesus toward women in his teaching and ministry contrasted with the status of women in first-century Jewish society.
Status of women in Jewish society
The synagogues of the first century kept records for men only. Men and boys could enter the synagogue to worship, but a screen walled off the section where women and girls were allowed to sit. Women did not count toward the quorum necessary for beginning worship.
Salvation. Tradition maintained that women had no right to salvation on their own merits. Their hope of salvation lay only through attachment to a pious Jewish man. Prostitutes were excluded as lacking such attachment, and widows had to be married to a pious Jew to enjoy that privilege.
Association in public. A man was forbidden to speak to a woman in public places. A rabbi would ignore a woman in public, even if she patiently persisted for some urgent spiritual counsel.
Responsibility for sin. In a funeral procession, the women walked ahead of the casket. It was assumed that they were responsible for sin, and therefore headed the procession, assigned the blame for what had happened. Men, not feeling responsible, walked behind the body.
Impurity. Women were considered ceremonially and socially unclean during their menstrual period. During this time, they were isolated. Even family members were not allowed to come near lest they be contaminated.
Child-bearing as key to value. A woman's value in the eyes of society was linked to her ability to bear children. Barrenness was an awful social stigma. A woman's duty was to bear male children who would thus perpetuate the father's name.
Divorce. Initiating a divorce proceeding was a man's privilege, which he could exercise based on considerations that today seem frivolous and laughable.
Legal status. A woman's word, in court, had to be substantiated by at least three men; otherwise it had no value.
Education. A woman was not allowed into the synagogue to study; it was considered a waste of time.
Religion. In the temple, women were not allowed near the Most Holy Place. In Jesus' time, there was a women's court in the temple, located beyond the courts reserved for priests and for other men, and some 15 steps lower, indicating a woman's subordinate status.1
A quiet revolution
Jesus did not start an open revolution against the system that placed women in a subordinate status. Nevertheless, His life made an eloquent statement. "In none of his actions, his sermons, or his parables do we find anything derogatory referring to women, such as can easily be found in any of his contemporaries."2 Consider some examples of how Jesus related to women.
Jesus invited women to be His disciples. Contrary to contemporary expectations, Jesus welcomed women into His close circle of discipleship (see Luke 8:1-3). This attitude contradicted rabbinical stipulations. The women who followed Christ set at naught the presuppositions of the time. They became careful managers of their resources and supported the mission of Christ at critical moments (Luke 8:13). "It was one thing for women to be exempt from learning the Torah, and to be forbidden to associate with a rabbi. But it was quite another thing for them to travel with a rabbi and be responsible for handling financial matters."3 This they did. Simply revolutionary!
Jesus accepted hospitality from women and taught them. The foremost example is that of Jesus' association with Mary, Martha, and Lazarus. The Master found rest and fellowship in their home (Luke 10:38-42). While a Jewish rabbi would not so much as look at a woman, Jesus did not hesitate to speak to Mary and Martha in public or to teach them great truths about death and resurrection (see John 11).
To Jesus, women and men were equally important when it came to learning about the good news of His kingdom. At a time when it was said that "it is better to burn the words of the Torah than to commit them to the care of a woman,"4 Jesus indicated that among the choices open to women, Mary had "'chosen what is better, and it will not be taken away from her'" (Luke 10:42, NIV), thus indicating that education was not to be the monopoly of men and that women too were entitled to avail themselves of educational opportunities.
Another example of Jesus' different attitude toward women was the revelation of His Messiahship to a woman. In the longest conversation recorded in the Gospels, Jesus revealed to the woman at the Samaritan well (John 4:4-42) some of the most profound doctrines of the kingdom: the nature of sin, the meaning of true worship, the universal availability of forgiveness to those who repent, the equality of all human beings regardless of Jew or Samaritan. Thus in a single conversation at the Samaritan well, Jesus shattered two prejudices: that of gender and that of race.
Jesus recognized that in God's sight the family of Abraham includes both sons and daughters. In healing a woman crippled for 18 years, Jesus placed His hands on her and defined her tenderly as a "'daughter of Abraham'" (Luke 13:10-17). By using this designation, Jesus gave public notice that women as surely as men inherit the rights promised to Abraham, and in the sight of God, there is neither male nor female.
Nowhere in the Bible is it stated that men have an advantage over women in terms of access to salvation. Contrary to the rabbinical tradition that taught that a woman could be saved only by attachment to a pious Jewish man, Jesus invited both men and women to turn to God and accept the gift of salvation.
In another case, Christ's defense and forgiveness of a woman taken in adultery revealed that His definition of sin and provision for salvation provided equal treatment for all, regardless of gender. When some religious leaders brought before Him a woman taken in adultery, Christ stood up for her. He knew that the Jewish leaders in making the accusation against the woman were themselves in violation of the law of Moses. The Levitical law stipulated that both man and woman should stand trial in such cases (Leviticus 20:10), but the critics of Jesus brought only the woman, and not the man involved in the alleged act. The law also required that at least two witnesses were to testify (Deuteronomy 19:15), but the Pharisees brought none. Christ's response not only gave the accused woman the benefit of the law, but also showed to all those present that His gospel of forgiveness was open to all, based on repentance. Thus He made this remarkable statement: "He that is without sin among you, let him first cast a stone at her" (John 8:7, KJV). In other words, Jesus told the men, if you have the courage to accuse her, first look at yourselves in the mirror.
Jesus allowed a sinful woman to anoint Him. When Jesus was invited to a feast in Simon's house at Bethany, a woman known in the village for her poor reputation rushed forward and anointed Jesus' feet. Those gathered at the feast, including His disciples, condemned the incident. How could a sinful woman touch the Messiah's feet, anoint Him, and wipe His feet with her hair? An absolute offence to religious traditions! Those around Jesus could not understand, much less accept, the act of the woman or the attitude of Jesus in letting the woman do what she did. But Jesus said that the woman in so anointing did a beautiful thing, showing to generations to come that like her, all sinners can have the assurance of salvation by coming to the Savior and placing at His feet their lives in surrender (Mark 14:1-9; Luke 7:36-50).
Jesus used both men and women to symbolize God's saving acts. In Luke 15 Jesus told three parables to illustrate the profound and timeless truth of God's search for lost humanity. While the parables of the lost sheep and the lost son illustrate God's search through male figures of the caring shepherd and the loving father, the parable of the lost coin reveals God's search through the careful and persistent mission of a woman who does not slacken her task until she finds the coin and rejoices with her friends (Luke 15:8-10). For the legalistic ears of that time this must have sounded heretical.
Jesus elevated women as first witnesses of the greatest event ever to take place in human history–His resurrection. Rabbinical tradition considered women as liars by nature, deriving this concept from Sarah's reaction on being told that she would have a child (Genesis 18:9-15). In their thinking, Sarah's denial of having laughed was a lie, because God always tells the truth, and because of her, all women descendants were liars.5 No woman could stand as witness. Yet, Jesus rejected this perverse tradition and chose women as the first witnesses of His resurrection (Matthew 28:8-10), "constituting them not only as first receivers of the most important message of Christianity, but the first to proclaim it."6 Jesus reproved the disciples for not believing the witness of these women (Mark 16:14), and thus challenged them to reject the prejudices of the past and walk in the sunshine of His kingdom, in which there is neither male nor female.
In the biblical account of the life of Christ, "women are never discriminated against."7 There is nothing to support the cultural and religious view of His time that saw women as inferior. On the contrary, "the attitude and the message of Jesus signified a break with the dominant worldview."8
Jesus "did not relate to women in harmony with the norms of the patriarchal system of his time, nor did He take part in a system that was, by definition, repressive toward women."9 Openly but without fanfare, Jesus dealt a deathblow to the curse of tradition that denied dignity to women. Through His example and teaching, Jesus reclaimed for His new kingdom the blessings of His original creation, the equality of the two genders in the sight of God.
Miguel Angel Núñez (Ph.D., Universidad Adventista del Plata) teaches theology at Universidad Peruana Unión, where he also directs the program in pastoral theology and psychology. Dr. Núñez is the author of many articles and more than 20 books. This essay is based on a section of his book Cristología: Descubriendo al Maestro (3rd edition, 2006). His email address: email@example.com.
- Joachim Jeremías, Jerusalén en tiempos de Jesús: Estudio económico y social del mundo del Nuevo Testamento (Madrid: Cristiandad, 1977), p. 97.
- Marga Muñiz Aguilar, Femenino plural: Las mujeres en la exégesis bíblica (Barcelona: Clie, 2000), p. 183
- Alcion Westphal Wilson, "Los discípulos olvidados: La habilitación del amor vs. el amor al poder", en Bienvenida a la mesa (Langley Park, Maryland: TEAMPress, 1998), p. 185.
- Wilson, p. 180.
- Wilson, p. 386.
- Aguilar, p. 187
- Leonardo Boff, El rostro materno de Dios: Ensayo interdiciplinar sobre lo femenino y sus formas religiosas (Madrid: Paulinas, 1988) p. 83.
- Boff, p. 84.
- Aguilar, p. 18.


text: I'm on Firmware 1.1.3 and I want to know whether or not I should upgrade to 2.0 I mostly use the jailbroken side of it for GBA/NES/SNES Emulators and SSH. Do these work on 2.0.0? and what else are some of the features etc? ------------------double post merged------------------ sorry but bump.


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Happy Holidays! We are running a contest on our Facebook page. We are giving away a set of Poochie Bells, a housetraining aid! Go to the page, like, comment and share the post for a chance to win!
Wednesday, November 30, 2016
Facebook Contest
Happy Holidays! We are running a contest on our Facebook page. We are giving away a set of Poochie Bells, a housetraining aid! Go to the page, like, comment and share the post for a chance to win!
Saturday, November 12, 2016
Puppy Classes
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Wednesday, November 2, 2016
New Puppy Class Begins in December
We are excited to report that there is a second class being offered for those puppies who have completed our 4 week class at Animal Medical Clinic. Monday evenings, four weekly classes, beginning in December. This class will be offered monthly to any dogs who have compled our basic puppy class. Details below!
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Monday, October 31, 2016
Yappy Halloween!
From KaeJae's party to all of you...have fun and be safe!
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Tuesday, October 18, 2016
November Puppy Class
Monday, August 29, 2016
Training with Food: Bribe or Reinforcer?
There is a myth based on bad dog training these days that says "using food is bribery"! The truth is, food should be a reinforcer, it's all about the timing of when the food is used. The reason your dog might refuse to perform for you without food is because
s/he's used to seeing the reward beforehand. Make sure the timing of your food reward is correct!
Some people think that dogs should find working for their humans inherently rewarding! When you think about it, that's a pretty silly notion. It is true that dogs and humans have lived side-by-side for quite a long time and as a result, are well suited to work together. However the idea that this relationship is so one-sided that a dog will perform for no tangible reward makes no sense and is really just anthropomorphism (the attribution of human characteristics). It sounds really nice but sorry folks, it's not realistic.
Some believe that dogs should just work for praise, that dogs find praise inherently rewarding. While some dogs actually do find praise rewarding, it is possible to condition praise as a reinforcer, but the idea that all dogs are eager to work for just a pat on the head or a "good dog" is more like a fantasy than a reality.
The truth is that food is just another tool -- the most commonly used reinforcer for trainers that emphasize positive reinforcement for a simple reason: it's nearly always the "greatest common denominator".
If you use training treats wisely, they will be out of the training picture pretty quickly, and then only used as a random reward once the behavior is trained. Once a dog understands and is performing a particular behavior consistently, it is time to wean off the training treats by moving to a schedule of random reinforcement (that's a fancy way of saying "s/he gets rewarded every now and then") or as I call it "the slot machine effect". Additionally handlers will be substituting life rewards such as the door opening for a walk, or the bowl being placed on the floor for dinner, the leash being attached to a sitting dog for a walk.
The idea that training with treats leads to handlers walking around with treats in their pockets 24 hours a day is really just a myth based on a poor understanding of how good dog training works.
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Thursday, August 25, 2016
Puppy Socialization
Socialization is something that is often preached about when you have
a dog. In fact, it is something I cover with all of my clients
regardless of why I am there. This is because of how important it really
Socialization is about building associations with things that the pup will come across in everyday life. The goal is to set them up so that they have positive or good associations with these things. The concept of how this is done is actually pretty simple; it's just about doing it and making sure that nothing bad happens in the process. The overall idea is to make sure your pup receives things it enjoys while encountering everyday stuff. (e.g. people, places, trucks, etc.)
The first thing that you need to do is find something that your pup loves. It is easiest to use small food rewards for this. (e.g. cheese, hot dogs, real meat, etc.) The second thing you need to do is find some environments that have different things in there for your dog to come across. When searching for the right environment for this, it's important to start off with places that aren't too overwhelming. (You'll want to avoid county fairs etc.) (Check out the video below to see more about choosing the right environments.) Read the entire article
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Most Popular "Bully" Titles
- Movies or TV
- Genres
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- IMDb Rating
- Instant Watch Options
- In Theaters
- On TV
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1. Zootopia (2016)
PG | 108 min | Animation, Adventure, Comedy
In a city of anthropomorphic animals, a rookie bunny cop and a cynical con artist fox must work together to uncover a conspiracy.
Directors: Byron Howard, Rich Moore, Jared Bush | Stars: Ginnifer Goodwin, Jason Bateman, Idris Elba, Jenny Slate
Votes: 227,629 | Gross: $341.26M
2. Harry Potter and the Sorcerer's Stone (2001)
PG | 152 min | Adventure, Family, Fantasy
Rescued from the outrageous neglect of his aunt and uncle, a young boy with a great destiny proves his worth while attending Hogwarts School of Witchcraft and Wizardry.
Director: Chris Columbus | Stars: Daniel Radcliffe, Rupert Grint, Richard Harris, Maggie Smith
Votes: 460,481 | Gross: $317.56M
3. X-Men: Apocalypse (2016)
PG-13 | 144 min | Action, Adventure, Sci-Fi
After the re-emergence of the world's first mutant, world-destroyer Apocalypse, the X-Men must unite to defeat his extinction level plan.
Director: Bryan Singer | Stars: James McAvoy, Michael Fassbender, Jennifer Lawrence, Nicholas Hoult
Votes: 221,923 | Gross: $155.33M
4. Bad Santa (2003)
R | 91 min | Comedy, Crime, Drama
A miserable conman and his partner pose as Santa and his Little Helper to rob department stores on Christmas Eve. But they run into problems when the conman befriends a troubled kid, and the security boss discovers the plot.
Director: Terry Zwigoff | Stars: Billy Bob Thornton, Bernie Mac, Lauren Graham, John Ritter
Votes: 110,738 | Gross: $60.06M
5. South Park (1997– )
TV-MA | 22 min | Animation, Comedy
Follows the misadventures of four irreverent grade-schoolers in the quiet, dysfunctional town of South Park, Colorado.
Stars: Trey Parker, Matt Stone, Isaac Hayes, Mona Marshall
Votes: 247,826
6. Central Intelligence (2016)
PG-13 | 107 min | Action, Comedy, Crime
After he reconnects with an awkward pal from high school through Facebook, a mild-mannered accountant is lured into the world of international espionage.
Director: Rawson Marshall Thurber | Stars: Dwayne Johnson, Kevin Hart, Danielle Nicolet, Amy Ryan
Votes: 72,186 | Gross: $127.38M
7. Forrest Gump (1994)
PG-13 | 142 min | Comedy, Drama
Forrest Gump, while not intelligent, has accidentally been present at many historic moments, but his true love, Jenny Curran, eludes him.
Director: Robert Zemeckis | Stars: Tom Hanks, Robin Wright, Gary Sinise, Sally Field
Votes: 1,291,129 | Gross: $329.69M
8. Dazed and Confused (1993)
R | 102 min | Comedy
The adventures of high school and junior high students on the last day of school in May 1976.
Director: Richard Linklater | Stars: Jason London, Wiley Wiggins, Matthew McConaughey, Rory Cochrane
Votes: 124,761 | Gross: $7.99M
9. Smallville (2001–2011)
TV-PG | 60 min | Adventure, Drama, Romance
A young Clark Kent struggles to find his place in the world as he learns to harness his alien powers for good and deals with the typical troubles of teenage life in Smallville.
Stars: Tom Welling, Michael Rosenbaum, Allison Mack, Kristin Kreuk
Votes: 98,649
10. Harry Potter and the Chamber of Secrets (2002)
PG | 161 min | Adventure, Family, Fantasy
Harry ignores warnings not to return to Hogwarts, only to find the school plagued by a series of mysterious attacks and a strange voice haunting him.
Director: Chris Columbus | Stars: Daniel Radcliffe, Rupert Grint, Emma Watson, Richard Harris
Votes: 400,167 | Gross: $261.97M
11. The Imitation Game (2014)
PG-13 | 114 min | Biography, Drama, Thriller
During World War II, mathematician Alan Turing tries to crack the enigma code with help from fellow mathematicians.
Director: Morten Tyldum | Stars: Benedict Cumberbatch, Keira Knightley, Matthew Goode, Allen Leech
Votes: 496,352 | Gross: $91.12M
12. Mean Girls (2004)
PG-13 | 97 min | Comedy
Cady Heron is a hit with The Plastics, the A-list girl clique at her new school, until she makes the mistake of falling for Aaron Samuels, the ex-boyfriend of alpha Plastic Regina George.
Director: Mark Waters | Stars: Lindsay Lohan, Jonathan Bennett, Rachel McAdams, Tina Fey
Votes: 252,505 | Gross: $86.05M
13. Man of Steel (2013)
PG-13 | 143 min | Action, Adventure, Fantasy
Clark Kent, one of the last of an extinguished race disguised as an unremarkable human, is forced to reveal his identity when Earth is invaded by an army of survivors who threaten to bring the planet to the brink of destruction.
Director: Zack Snyder | Stars: Henry Cavill, Amy Adams, Michael Shannon, Diane Lane
Votes: 561,814 | Gross: $291.02M
14. Watchmen (2009)
R | 162 min | Action, Drama, Mystery
In 1985 where former superheroes exist, the murder of a colleague sends active vigilante Rorschach into his own sprawling investigation, uncovering something that could completely change the course of history as we know it.
Director: Zack Snyder | Stars: Jackie Earle Haley, Patrick Wilson, Carla Gugino, Malin Akerman
Votes: 399,542 | Gross: $107.50M
15. Sky High (2005)
PG | 100 min | Adventure, Comedy, Family
Set in an era where superheroes are commonly known and accepted, young William Stronghold, the son of the Commander and Jetstream, tries to find a balance between being a normal teenager and an extraordinary being.
Director: Mike Mitchell | Stars: Kurt Russell, Kelly Preston, Michael Angarano, Danielle Panabaker
Votes: 62,942 | Gross: $63.94M
16. American Pie (1999)
R | 95 min | Comedy
Four teenage boys enter a pact to lose their virginity by prom night.
Directors: Paul Weitz, Chris Weitz | Stars: Jason Biggs, Chris Klein, Thomas Ian Nicholas, Alyson Hannigan
Votes: 320,257 | Gross: $101.74M
17. Back to the Future (1985)
PG | 116 min | Adventure, Comedy, Sci-Fi
Marty McFly, a 17-year-old high school student, is accidentally sent 30 years into the past in a time-traveling DeLorean invented by his close friend, the maverick scientist Doc Brown.
Director: Robert Zemeckis | Stars: Michael J. Fox, Christopher Lloyd, Lea Thompson, Crispin Glover
Votes: 754,474 | Gross: $210.61M
18. The Perks of Being a Wallflower (2012)
PG-13 | 102 min | Drama, Romance
An introvert freshman is taken under the wings of two seniors who welcome him to the real world.
Director: Stephen Chbosky | Stars: Logan Lerman, Emma Watson, Ezra Miller, Paul Rudd
Votes: 361,544 | Gross: $17.74M
19. The Breakfast Club (1985)
R | 97 min | Comedy, Drama
Five high school students, all different stereotypes, meet in detention, where they pour their hearts out to each other, and discover how they have a lot more in common than they thought.
Director: John Hughes | Stars: Emilio Estevez, Judd Nelson, Molly Ringwald, Ally Sheedy
Votes: 264,225 | Gross: $38.10M
20. Stand by Me (1986)
R | 89 min | Adventure, Drama
After the death of a friend, a writer recounts a boyhood journey to find the body of a missing boy.
Director: Rob Reiner | Stars: Wil Wheaton, River Phoenix, Corey Feldman, Jerry O'Connell
Votes: 279,480 | Gross: $52.29M
21. Star Trek (2009)
PG-13 | 127 min | Action, Adventure, Sci-Fi
The brash James T. Kirk tries to live up to his father's legacy with Commander Spock keeping him in check as a vengeful, time-traveling Romulan creates black holes to destroy the Federation one planet at a time.
Director: J.J. Abrams | Stars: Chris Pine, Zachary Quinto, Simon Pegg, Leonard Nimoy
Votes: 514,866 | Gross: $257.70M
22. A Christmas Story (1983)
PG | 94 min | Comedy, Family
In the 1940s, a young boy named Ralphie attempts to convince his parents, his teacher, and Santa that a Red Ryder B.B. gun really is the perfect Christmas gift.
Director: Bob Clark | Stars: Peter Billingsley, Melinda Dillon, Darren McGavin, Scott Schwartz
Votes: 106,039
23. Cars (2006)
G | 117 min | Animation, Adventure, Comedy
A hot-shot race-car named Lightning McQueen gets waylaid in Radiator Springs, where he finds the true meaning of friendship and family.
Directors: John Lasseter, Joe Ranft | Stars: Owen Wilson, Bonnie Hunt, Paul Newman, Larry the Cable Guy
Votes: 271,124 | Gross: $244.05M
24. Kick-Ass (2010)
R | 117 min | Action, Comedy
Dave Lizewski is an unnoticed high school student and comic book fan who one day decides to become a superhero, even though he has no powers, training or meaningful reason to do so.
Director: Matthew Vaughn | Stars: Aaron Taylor-Johnson, Nicolas Cage, Chloë Grace Moretz, Garrett M. Brown
Votes: 444,101 | Gross: $48.04M
25. American History X (1998)
R | 119 min | Crime, Drama
A former neo-nazi skinhead tries to prevent his younger brother from going down the same wrong path that he did.
Director: Tony Kaye | Stars: Edward Norton, Edward Furlong, Beverly D'Angelo, Jennifer Lien
Votes: 802,614 | Gross: $6.71M
26. Toy Story (1995)
G | 81 min | Animation, Adventure, Comedy
A cowboy doll is profoundly threatened and jealous when a new spaceman figure supplants him as top toy in a boy's room.
Director: John Lasseter | Stars: Tom Hanks, Tim Allen, Don Rickles, Jim Varney
Votes: 642,704 | Gross: $191.80M
27. Encino Man (1992)
PG | 88 min | Comedy
When they find a frozen caveman in their back yard, two high school outcasts thaw him and introduce him to modern life while he in turn gets them to actually enjoy life.
Director: Les Mayfield | Stars: Sean Astin, Brendan Fraser, Pauly Shore, Megan Ward
Votes: 30,505 | Gross: $40.69M
28. Spider-Man (2002)
PG-13 | 121 min | Action, Adventure
When bitten by a genetically modified spider, a nerdy, shy, and awkward high school student gains spider-like abilities that he eventually must use to fight evil as a superhero after tragedy befalls his family.
Director: Sam Raimi | Stars: Tobey Maguire, Kirsten Dunst, Willem Dafoe, James Franco
Votes: 555,490 | Gross: $403.71M
29. Degrassi: The Next Generation (2001–2015)
TV-PG | 30 min | Drama, Romance
The lives of the kids at Degrassi Community School dealing with the serious and sometimes taboo issues that plague teenagers.
Stars: Stefan Brogren, Aislinn Paul, Melinda Shankar, A.J. Saudin
Votes: 9,296
30. Jumanji (1995)
PG | 104 min | Action, Adventure, Family
When two kids find and play a magical board game, they release a man trapped for decades in it and a host of dangers that can only be stopped by finishing the game.
Director: Joe Johnston | Stars: Robin Williams, Kirsten Dunst, Bonnie Hunt, Jonathan Hyde
Votes: 213,594 | Gross: $100.20M
31. Brokeback Mountain (2005)
R | 134 min | Drama, Romance
The story of a forbidden and secretive relationship between two cowboys, and their lives over the years.
Director: Ang Lee | Stars: Jake Gyllenhaal, Heath Ledger, Michelle Williams, Randy Quaid
Votes: 264,287 | Gross: $83.03M
32. The Amazing Spider-Man (2012)
PG-13 | 136 min | Action, Adventure
After Peter Parker is bitten by a genetically altered spider, he gains newfound, spider-like powers and ventures out to solve the mystery of his parent's mysterious death.
Director: Marc Webb | Stars: Andrew Garfield, Emma Stone, Rhys Ifans, Irrfan Khan
Votes: 460,040 | Gross: $262.03M
33. The NeverEnding Story (1984)
PG | 102 min | Adventure, Drama, Family
A troubled boy dives into a wondrous fantasy world through the pages of a mysterious book.
Director: Wolfgang Petersen | Stars: Noah Hathaway, Barret Oliver, Tami Stronach, Gerald McRaney
Votes: 102,129
34. Napoleon Dynamite (2004)
PG | 96 min | Comedy
A listless and alienated teenager decides to help his new friend win the class presidency in their small western high school, while he must deal with his bizarre family life back home.
Director: Jared Hess | Stars: Jon Heder, Efren Ramirez, Jon Gries, Aaron Ruell
Votes: 164,220 | Gross: $44.54M
35. Hardcore Henry (2015)
R | 96 min | Action, Adventure, Sci-Fi
Henry is resurrected from death with no memory, and he must save his wife from a telekinetic warlord with a plan to bio-engineer soldiers.
Director: Ilya Naishuller | Stars: Sharlto Copley, Tim Roth, Haley Bennett, Danila Kozlovsky
Votes: 50,406 | Gross: $9.24M
36. Ender's Game (2013)
PG-13 | 114 min | Action, Sci-Fi
Young Ender Wiggin is recruited by the International Military to lead the fight against the Formics, a genocidal alien race which nearly annihilated the human race in a previous invasion.
Director: Gavin Hood | Stars: Harrison Ford, Asa Butterfield, Hailee Steinfeld, Abigail Breslin
Votes: 188,645 | Gross: $61.66M
37. The Gift (VI) (2015)
R | 108 min | Mystery, Thriller
A young married couple's lives are thrown into a harrowing tailspin when an acquaintance from the husband's past brings mysterious gifts and a horrifying secret to light after more than 20 years.
Director: Joel Edgerton | Stars: Jason Bateman, Rebecca Hall, Joel Edgerton, Allison Tolman
Votes: 88,237 | Gross: $43.77M
38. Kill Bill: Vol. 1 (2003)
R | 111 min | Action, Crime, Thriller
The Bride wakens from a four-year coma. The child she carried in her womb is gone. Now she must wreak vengeance on the team of assassins who betrayed her - a team she was once part of.
Director: Quentin Tarantino | Stars: Uma Thurman, David Carradine, Daryl Hannah, Michael Madsen
Votes: 754,870 | Gross: $70.10M
39. Gran Torino (2008)
R | 116 min | Drama
Disgruntled Korean War veteran Walt Kowalski sets out to reform his neighbor, a Hmong teenager who tried to steal Kowalski's prized possession: a 1972 Gran Torino.
Director: Clint Eastwood | Stars: Clint Eastwood, Bee Vang, Christopher Carley, Ahney Her
Votes: 574,505 | Gross: $148.09M
40. Big (1988)
PG | 104 min | Comedy, Drama, Family
When a pre-teen boy wishes to be big at a magic wish machine, he wakes up the next morning and finds himself in an adult body.
Director: Penny Marshall | Stars: Tom Hanks, Elizabeth Perkins, Robert Loggia, John Heard
Votes: 156,635 | Gross: $114.97M
41. Step Brothers (2008)
R | 98 min | Comedy
Two aimless middle-aged losers still living at home are forced against their will to become roommates when their parents marry.
Director: Adam McKay | Stars: Will Ferrell, John C. Reilly, Mary Steenburgen, Richard Jenkins
Votes: 216,392 | Gross: $100.47M
42. Point Break (1991)
R | 122 min | Action, Crime, Drama
An FBI agent goes undercover to catch a gang of surfers who may be bank robbers.
Director: Kathryn Bigelow | Stars: Patrick Swayze, Keanu Reeves, Gary Busey, Lori Petty
Votes: 116,080 | Gross: $43.22M
43. The Sixth Sense (1999)
PG-13 | 107 min | Drama, Mystery, Thriller
A boy who communicates with spirits that don't know they're dead seeks the help of a disheartened child psychologist.
Director: M. Night Shyamalan | Stars: Bruce Willis, Haley Joel Osment, Toni Collette, Olivia Williams
Votes: 721,180 | Gross: $293.50M
44. The Little Rascals (1994)
PG | 82 min | Comedy, Family, Romance
Alfalfa is wooing Darla and his "He-Man-Woman-Hating" friends attempt to sabotage the relationship.
Director: Penelope Spheeris | Stars: Travis Tedford, Bug Hall, Brittany Ashton Holmes, Kevin Jamal Woods
Votes: 34,818 | Gross: $51.76M
45. It (1990 TV Mini-Series)
TV-14 | 192 min | Drama, Fantasy, Horror
In 1960, seven pre-teen outcasts fight an evil demon who poses as a child-killing clown. Thirty years later, they reunite to stop the demon once and for all when it returns to their hometown.
Stars: Richard Thomas, Tim Reid, Annette O'Toole, Harry Anderson
Votes: 69,796
46. Heathers (1988)
R | 103 min | Comedy, Crime, Drama
In order to get out of the snobby clique that is destroying her good-girl reputation, an intelligent teen teams up with a dark sociopath in a plot to kill the cool kids.
Director: Michael Lehmann | Stars: Winona Ryder, Christian Slater, Shannen Doherty, Lisanne Falk
Votes: 62,290 | Gross: $1.11M
47. The Karate Kid (1984)
PG | 126 min | Action, Drama, Family
A martial arts master agrees to teach karate to a bullied teenager.
Director: John G. Avildsen | Stars: Ralph Macchio, Pat Morita, Elisabeth Shue, Martin Kove
Votes: 130,887 | Gross: $90.80M
48. Kick-Ass 2 (2013)
R | 103 min | Action, Comedy, Crime
Following Kick-Ass' heroics, other citizens are inspired to become masked crusaders. But the Red Mist leads his own group of evil supervillains to kill Kick-Ass and destroy everything for which he stands.
Director: Jeff Wadlow | Stars: Aaron Taylor-Johnson, Chloë Grace Moretz, Christopher Mintz-Plasse, Jim Carrey
Votes: 207,699 | Gross: $28.75M
49. Edward Scissorhands (1990)
PG-13 | 105 min | Drama, Fantasy, Romance
A gentle man, with scissors for hands, is brought into a new community after living in isolation.
Director: Tim Burton | Stars: Johnny Depp, Winona Ryder, Dianne Wiest, Anthony Michael Hall
Votes: 365,495 | Gross: $56.36M
50. Burnt (I) (2015)
R | 101 min | Comedy, Drama
Adam Jones (Bradley Cooper) is a chef who destroyed his career with drugs and diva behavior. He cleans up and returns to London, determined to redeem himself by spearheading a top restaurant that can gain three Michelin stars.
Director: John Wells | Stars: Bradley Cooper, Sienna Miller, Daniel Brühl, Riccardo Scamarcio
Votes: 68,208 | Gross: $13.65M


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|Company News
BlackBerry has today unveiled its latest handset, the Z3, which will be available across the UAE from July 6 for AED899 ($244).
The Z3 is the first device to be launched by BlackBerry since the end of last year and is the first BlackBerry to be manufactured by Foxconn.
Mike Al Mefleh, senior director, product management and services, Middle East, North Africa and Turkey for BlackBerry said: "Initially the Z3 was introduced and targeted for the Indonesian and Iraq market where it was doing well and creating a lot of excitement and as a result, BlackBerry's CEO John Chen decided that we should roll it out to eight more markets, the Middle East being one of them.
"The Middle East has shown a lot of interest and attraction to the Z3 and since we announced it on 24 June we have had many pre-orders in the store and it's been very exciting. We have also had a lot of positive feedback in Dubai which helps us to reach a larger generation of customers."
BlackBerry's latest budget model returns to the pure-touch interface of the Z10 and Z30. The display is a 5-inch multi-touch capacitive touchscreen with 540 x 960 pixels at 220ppi.
The handset is powered by a Qualcomm MSM8230 Snapdragon 400 chipset with a dual-core 1.2 GHz Krait 200 CPU. For memory the Z3 packs a modest 1.5 GB of RAM backed by 8 GB internal storage, which is expandable to 32 GB via micro SD.
The primary camera is a 5MP model (2592 х 1944 pixels) with autofocus, LED flash, geo-tagging and 1080p video built in. For selfies, the secondary sensor is 1.1 MP.
The handset runs BB 10.2.1, which comes with all the standard BlackBerry fixtures, such as BlackBerry Hub and BBM.
The Z3 is Android compatible and includes access to "hundreds and thousands of Android applications," according to Al Mefleh.
"We have developed the BBM applications which exceed 200,000 now, but as well as this we now give access to consumers to more applications they need and it benefits the developers also as they don't need to make applications for each different platform this allows BlackBerry users to have access to their apps via Android links," Al Mefleh said.
"We need to go where the trend is and go with what people like, Z3 users will be able to install Instagram within minutes."
Al Mehleh also highlighted other products which will be available this year, including the BlackBerry Passport and the BlackBerry Classic.
Disclaimer:The view expressed here by our readers are not necessarily shared by Arabian Business, its employees, sponsors or its advertisers.
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text:
New: Experience an extraordinary off-roading adventure in a Land Rover 4x4. Explore three types of marked trails with seasoned guides accompanying you the entire way.
Traveler Rating 66 reviews
Activities and services
- Hunting
- Snowmobile excursion
- Winter sliding
- Introduction to forest survival techniques
- Nature interpretation
- Wildlife observation
- Ice skating
- Fishing
- Beach
- Supervised beach
- Quad - ATV
- Dogsledding
- Snowshoeing
- Cross-country skiing
- Water sports : Canoeing
- Water sports : Kayaking
- Mountain biking
Hunting species
- White-tailed deer
- Ruffed grouse
- Moose
Fishing species
- Nothern pike
- Brook trout
- Lake trout
- Rainbow trout
Kind of hunting
- Riffle
- Guided hunting
- Daily
Kind of fishing
- Lake
- On river
- Guided fishing
- Daily
- Internet access
- Pets allowed
- Boutique / Sales counter
- Emergency communication system
- Freezer / Ice machine
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- Diesel
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- Without exclusive rights
- Automatic heating system
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- Private land
- Life jacket
Signs and shuttles
- Tourist signs (blue)
- Shuttle : to the airport
Rental services
- Motors
- Snowmobiles
- Quad / ATV
Related services and activities
Seal of quality
Outfitters belonging to the Québec Outfitters Federation adhere to a code of business ethics.Additional information on this outfitter
- 16 apartments, cottages or houses
- Hot water
- Cold water
- Private bathroom
Schedules and rates
Open year round
Payment methods
- Visa
- MasterCard/Euro Card
- American Express
- Direct payment accepted
Traveler Rating and Reviews
Traveler Detailed Ratings
4.5 (66reviews)
Traveler Last Reviews
Great relaxing place
We had a family get together (7 adults and 2 dogs) for 48h in October, organised 10 days before our visit. Nicole from Kenauk made it all happened pleasantly and efficiently. We stayed at the PINE... Read full review
Deer hunting frustration
We went deer hunting for 3 days. we were 3 experienced hunters. The rules forbid shooting a deer of less than 6 points!.Obviously the does are forbidden.We saw 7 does ans 2 fawns. No buck was seen... Read full review
Top Notch Relaxation and Fishing
A group of us just came back from a great weekend at Kenauk. If you are looking for a wilderness experience with excellent facilities, check this place out. Kenauk offers a cabin setting - one per... Read full review


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United States District Court, Northern District of Illinois
March 12, 2012
For the reasons stated herein, the motion to dismiss [97-1] is denied.
O[ For further details see text below.]
Defendant Chicago Police Officer Joseph Carraga moves to dismiss the plaintiff Bobby Ford's § 1983 false arrest claim against him on the ground that it is barred by the statute of limitations. For the reasons stated herein, the motion is denied.
Proceeding pro se, Bobby Ford submitted a complaint on October 30, 2009, against Chicago Police Department Officer Bell and "her John Doe partner," among others. According to Ford's allegations, he was falsely arrested, among other things, by Bell and her partner, on June 19, 2009, after a dispute with a former roommate. After granting Ford's motion to proceed in forma pauperis on November 13, 2009, the court dismissed Ford's complaint without prejudice due to misjoined claims and defendants. After several missteps, Ford finally submitted a third amended complaint, again pro se, which addressed the court's earlier bases for dismissal. Accordingly, the court reinstated the case on March 18, 2010, with the third amended complaint, which at this point named only the City of Chicago, Officer Bell and "Her Chicago Police Dept. Partner John Doe." After additional proceedings, including discovery, which has now been closed, the court appointed counsel to represent Ford on August 30, 2011. On October 27, 2011, appointed counsel filed a fourth amended complaint on behalf of Ford and, for the first time, named Officer Carraga as a defendant.
Illinois' two-year statute of limitations for personal injury claims applies to Ford's § 1983 claim. Wade v. Collier, No. 10 C 6876, 2011 WL 832240, at *1 (N.D. Ill. Mar. 3, 2011). Therefore, Carraga contends, because he was not named as a defendant until October 27, 2011, more than two years after June 19, 2009, when the conduct at issue occurred, the false arrest claim against him must be dismissed as untimely. Ford responds that the amendment relates back to the original pleading under Fed. R. Civ. P. 15(c), and therefore, the claims against Carraga are timely. Specifically, Ford contends that he should be allowed to amend because (1) the original complaint did not just name John Doe generally but specifically identified the John Doe as "[Officer Bell's] Chicago Police Dept. Partner John Doe" and (2) once Ford learned the partner's name, he identified Carraga by name in several different filings, including his motion for summary judgment, all prior to the running of the statute of limitations period.
Without opining on whether the amended complaint relates back to the original complaint, the court concludes that the statute of limitations should be equitably tolled. "The doctrine of equitable tolling 'permits a plaintiff to sue after the statute of limitations has expired if through no fault or lack of diligence on his part he was unable to sue before, even though the defendant took no active steps to prevent him from suing.'" Donald v. Cook County Sheriff's Dept., 95 F.3d 548, 561 (7th Cir. 1996).
As the Seventh Circuit has noted, "[n]ot only is the district court to view the pro se complaint with an understanding eye, but, while the court is not to become an advocate, it is incumbent on it to take appropriate measures to permit the adjudication of pro se claims on the merits, rather than to order their dismissal on technical grounds." Id. at 555. Moreover,
[n]umerous cases in this and other circuits have established that, when the substance of a pro se civil rights complaint indicates the existence of claims against individual officials not specifically named in the caption of the complaint, the district court must provide the plaintiff with an opportunity to amend the complaint. To the extent the plaintiff faces barriers to determining the identities of the unnamed defendants, the court must assist the plaintiff in conducting the necessary investigation.
Id. (footnote with numerous citations omitted). Assistance by the court to a pro se plaintiff might include "providing counsel for the limited purpose of amending the complaint" or "dismissing the complaint without prejudice and providing a list of defects in the complaint." Id. at 556.
In the instant case, the plaintiff asked on numerous occasions for appointment of counsel. The court, however, believing that Ford was capable of proceeding on his own with some direction from the court, denied his requests for appointment of counsel. Instead, it issued minute orders describing certain defects in the complaint and directing Ford to fix those defects in an amended complaint. See Dkts. 4, 11, 17. None of these orders addressed the John Doe defendant and related stature of limitations issue.
One of the factors that may justify application of the equitable tolling doctrine is that "'the court has led the plaintiff to believe that []he had done everything required of h[im.]'" Id. at 562 (citation omitted) (alteration added). By detailing the other defects to the exclusion of identifying the need to amend the complaint to name Carraga, the court may have led Ford to believe that amendment was unnecessary. This is particularly true since it was clear to all that Ford knew the identity of Carraga as he named him in the body of court filings and deposed him. But, it was only after the court appointed counsel, after the limitations period had run, that the error apparently became known to Ford's counsel. In retrospect, the court acknowledges that it could have appointed counsel earlier given Ford's struggles to properly litigate the case.
In addition, the court notes that when it finally accepted Ford's third amended complaint for filing, it directed only that defendant Officer Bell be served and failed to instruct Ford that service would not be ordered as to the unnamed John Doe defendant until his identity was established. This failure by the court may have further misled Ford into thinking that amendment was unnecessary.
When deciding whether to apply equitable tolling, "[c]onsiderations weighing in favor of equitable tolling must be balanced against the possibility of prejudice to the defendants occasioned by the delay." Id. at 562. Here, Carraga clearly knew or should have known that he was an intended defendant in this case. Ford expressly named Carraga in the text of Ford's second motion for summary judgment, which was filed before the statute of limitations deadline, and Carraga was deposed by Ford, also before the statute of limitations ran. Carraga is represented by the same attorney who has represented Officer Bell since the initiation of this lawsuit and each of the plaintiff's several complaints named "Officer Bell's Chicago Police Department Partner John Doe" as a defendant. This same counsel also represented Carraga at his deposition by the plaintiff. Counsel, and therefore Carraga, knew or should have known that Ford intended to sue him from the day this lawsuit began. For Carraga to assert otherwise, see Reply at 4, is entirely disingenuous. The court can discern no prejudice to Carraga, in terms of the delay, in tolling the statute of limitations.
For these reasons, the motion to dismiss is denied.
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Jacks Time Machine
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Located in Clearwater, Rodeway Inn is in the suburbs and convenient to Cove Cay Country Club and Cove Cay Golf Club. This motel is within close proximity of SimCenter and The Armed Forces Military Museum.
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Office Space to Rent in Rijswijk
We have a variety of serviced offices available to rent in Rijswijk. Each office space is offered at the best rates and suited to your individual needs and requirements.
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The centre is an excellent, newly developed building overlooking The Hague. The centre offers a wide range of facilities such as secure underground parking, 24 hour CCTV monitoring, a videoconferencing studio, an on-site lunch restaurant and a cybercafe.
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English Heritage
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Exterior of Peveril Castle The imposing ruins of Peveril Castle stand high above the pretty village of Castleton in the heart of Derbyshire's Peak District. Mentioned in the Domesday survey, Peveril Castle is one of England's earliest Norman fortresses. The keep was built by Henry II in 1176.
Peveril Castle
Whitby Abbey is a ruined Benedictine abbey overlooking the North Sea on the East Cliff above Whitby in North Yorkshire, England. It was disestablished during the Dissolution of the Monasteries under the auspices of Henry VIII. It is a Grade I Listed building in the care of English Heritage and its site museum is housed in Cholmley House.


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Fit Fat Tony
Redirected from Fit Tony
edited here
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Fit Tony is Fat Tony's cousin. He is originally from San Diego but later moves to Springfield to take control of the Springfield Mafia after his cousin's death. Physically speaking, he is identical to Fat Tony with the only difference being that he is initially in much better physical shape.
History Edit
When Fat Tony dies of a heart attack Fit Tony moves to Springfield and takes his cousin's place running the Springfield Mob. The pressure of the position gets to him and he begins to over-eat which causes him to put on weight. As a result of this weight gain he becomes known as Fit-Fat Tony and then simply Fat Tony.
Fit-Fat Tony, nicknamed Fat Tony, now looks exactly like his cousin to such an extent that it is as if the original Fat Tony never died. This physical resemblance suggests that all previous appearances of Fat Tony are in fact of Fit Fat Tony in a similar situation to Snowball II and Snowball V or Armin Tamzarian and real Seymour Skinner.
While his cousin was a widower, Fit Tony (now known as Fat Tony), is married and takes Selma Bouvier as his formal mistress.
In Penny-Wiseguys, Fit Fat Tony gets jury duty -- so he names his accountant, Dan Gillick, temporary don. Gillick proposes to Tony to save money by getting rid of redundant mobsters -- but he's mortified when Tony tells him to rub them out. He finds he likes it way too much, and asks Homer to stop him from killing mob members.
In Bull-E, Fit Fat Tony is in the anger-management class.
Citations Edit
|Don Vittorio DiMaggio | Fit Tony | Louie | Legs | Johnny Tightlips | Michael D'Amico | Frankie the Squealer | Jimmy the Snitch | Joey the Arsonist
|Former Mafia Members
|Fat Tony (deceased) | Bart Simpson | Homer Simpson | Joey (deceased) | Nicky Bluepants Altosaxophony


text:
7111 Thomas Drive,Madeira OH, 45243
4 beds , 2 Full/1 Half baths
Status: Active
Berkshire Hathaway HomeServices Professional Realty
(800) 599-8936
Last Updated: 12/5/2016 6:07 AM
Description for 7111 Thomas Drive Madeira, OH 45243
Outstanding Transitional custom plan by Homewood Development. Low maintenance fiber cement siding/stone exterior w/covered front entry way. 5 star plus HERS rating, abundant hdwd, ceramic tile all wet areas, full overlay cabinets w/soft close drawers, granite kit cntrs, Bosch SS appls,full bath rough bsmt. Ready 12/20/16
Listing Information
Sump Pump, Public Water Service
Public Sewer
Natural Gas, Cable TV
School Information
Room Information
Floor - W/W Carpet, Walk-In Closet
Floor - W/W Carpet
Floor - Wood, Gourmet Kitchen, Butler Pantry, Island, Walkout
Shower Only, Dual Sinks
Interior Features
Range-Oven, Dishwasher, Garbage Disposal, Microwave
Carpet Wall to Wall
Central Air, Ceiling Fan(s)
Gas Heat, Forced Air
Full, Unfinished Basement
Insulated, Vinyl Frame
1, Gas Burning, Fireplace
Alarm -Smoke/Fire
Cathedral/vaulted Ceiling, Recessed Lights, Home Warranty Plan
Exterior / Lot Features
2 Garage Spaces, Attached Garage, Front Entrance, Driveway, On Street
Stone, Other
Patio, Porch
Less than .5 Acre
City Road, Clear lot, Sloped
Financial Considerations
Inside AccessTM
Current market conditions for 7111 Thomas Drive
Active Market Trends
Source:MLS DATA
Median list price$575,000
Days on market87
Properties for sale37
Sold Market Trends
Source:MLS DATA
Median sold price$242,500
Sales to list price9,758.0%
Properties sold48
Median sq ft price$55
Arrows indicate 90 day trend
Listing Price History for 7111 Thomas Drive
Madeira Real Estate
Madeira is located in Ohio. Madeira, Ohio 45243 has a population of 8,713.
The median household income in Madeira, Ohio 45243 is $87,232. The median household income for the surrounding county is $49,104 compared to the national median of $53,046. The median age of people living in Madeira 45243 is 42.5 years.
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* Fitzory Street St Kilda VIC 3182
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A New Landmark That Offers Luxury 2 Bedroom Apartments, Albert Park View!* Fitzory Street, St Kilda
The interiors are immaculately conceived and offer either a dark/light and then premium or pinnacle fit-out and colour schemes. The level ten is where it gets very interesting as the building will boast an infinity edge pool, a pool with definitely the best view in Melbourne with sightlines across to the bay and over the green swathes of Albert Park Lake to Melbourne's CBD.
This exclusive rooftop deck, just beneath the building's crown, is where residents will relax and enjoy the exclusive recreational facilities, while the nearby Albert Park Lake offers world-class sporting and recreational facilities for rowing, sailing, tennis and golfing with a 5km lakeside walking track. Due to officially launch in early May 2015, the building will offer perfectly balanced living; a balance between the bay and city, street life and high life. From Luna Park, to Café di Stasio, it is superbly poised to take advantage of the unique culture and convenience of bohemian, yet sophisticated St Kilda.
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LJ Hooker City Residential Melbourne
Melbourne VIC, 3000
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