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March 27, 2013
HELEN RYERSON AYERS, PLAINTIFF,v.JAMES L. AYERS AND CENTRAL ILLINOIS MANUFACTURING COMPANY, AN ILLINOIS CORPORATION, D/B/A CIM-TEK FILTRATION, DEFENDANTS,v.WILLIAM AYERS, INTERVENOR-DEFENDANT.
2:11-cv-02208-MPM-DGB # 42 Page 1 of 18 Thursday, 28 March, 2013 09:14:30 AM Clerk, U.S. District Court, ILCD
This tortured case, beginning in a state court divorce in October 2006, and spanning over 120 docket entries there, has spilled into Federal court, having accumulated over 40 entries here (and yet accomplishing little of note). Plaintiff, who disputes the proper ownership of certain shares of stock purportedly transferred to her during the three-month pendency of her marriage, attempts to circumvent the Illinois dissolution proceedings by filing a state law action in Federal court. In her complaint, she seeks, ostensibly pursuant to an Illinois statute providing compensation to a shareholder when the board of directors engages in illegal, oppressive, or fraudulent activity, those selfsame shares disputed in the divorce proceedings. Because this case involves, among other factors, parallel state proceedings regarding the same contested property, Colorado River abstention is appropriate.
This case is before the court on Plaintiff's Objection (#41) to Magistrate Judge Bernthal's Order (#39) permitting Intervenor-Defendant William Ayers to intervene for the limited purpose of staying proceedings, and contemporaneously staying the proceedings pending entry of final judgment in a parallel state case. The court has reviewed the briefs, the complaint, and Judge Bernthal's Order (#39), as well as other relevant filings in the docket. Following this careful review, the Order granting the Motion to Intervene and to Stay (#39) is VACATED, and the case is dismissed without prejudice sua sponte.
Plaintiff Helen Ayers ("Helen") is a citizen of Texas, Defendant James Ayers ("Jim") is a citizen of Illinois, and Defendant Central Illinois Manufacturing Company, d/b/a Cim-Tek Filtration ("CIMCO"), is incorporated in Illinois, with a principal place of business in Illinois. Plaintiff alleges, and Defendants do not contest, that the amount in controversy exceeds $75,000. Plaintiff alleges that Jim and CIMCO (collectively, "Defendants") have violated various subsections of 805 ILCS 5/12.56. Accordingly, because there is complete diversity of citizenship and the amount in controversy exceeds the statutory amount, this court has diversity jurisdiction, pursuant to 28 U.S.C. § 1332.
Standard of Review
Fed. R. Civ. P. 72(a) states as follows:
(a) Nondispositive Matters. When a pretrial matter not dispositive of a party's claim or defense is referred to a magistrate judge to hear and decide, the magistrate judge must promptly conduct the required proceedings and, when appropriate, issue a written order stating the decision. A party may serve and file objections to the order within 14 days after being served with a copy. A party may not assign as error a defect in the order not timely objected to. The district judge in the case must consider timely objections and modify or set aside any part of the order that is clearly erroneous or is contrary to law. Judge Bernthal's Order is therefore reviewed for clear error or any findings or conclusions that are contrary to law.
Helen and proposed Intervenor-Defendant William Ayers ("Will") were married on July 1, 2006. On October 6, 2006, William filed for dissolution of marriage. That case was docketed in the Circuit Court of the Sixth Judicial District in Piatt County, Illinois, as 06-D-55. CIMCO is a closely-held family corporation that has been operating for over 50 years, manufacturing, among other things, filters for gasoline stations. (#13 ¶ 4). There are 1,000 outstanding shares of CIMCO stock. (#13 ¶ 4). Jim is the current president of CIMCO. (#13 ¶ 5). Jim is Will's brother. (#41 ¶2). Will had a stroke in May 2007, causing him to become, from time to time, mentally disabled. (#1 ¶ 12).
The parties agree that, at one point, Will owned 500 shares. The ownership of 250 of those shares constitutes the controversy in this present case. (#13 ¶ 7; #15 ¶ 3; #32 p. 2). Defendants assert that other family members owned the remaining 500 shares. (#15 ¶ 3). Defendants also assert that at the time of Will's marriage to Helen, Will owned 345 shares, with 155 shares having been at some previous point redistributed to other shareholders. (#15 ¶¶ 5, 6). Helen asserts that during the pendency of the marriage, around August 28, 2006, Will gave 250 of his shares to her. (#1 ¶ 7, #41 exh. 1 ¶ 1). She testified that she is in possession of the physical stock certificates, which are listed on the corporate stock ledger, and their legal transfer occurred in the presence of a notary. (#41 exh. 1 ¶ 1). Defendants deny that Will assigned, gifted, or delivered the 250 shares to Helen, but aver that they have insufficient knowledge as to whether Helen has physical possession of the certificates. (#13 ¶ 7). Will responds that either Helen is "not a CIMCO shareholder" (although he does not explain how this is so) or, in the alternative, that she obtained those shares by exercising undue influence, coercion, and duress (#32 p. 2).
Will asserts that one of the disputed issues in the dissolution case is the allocation of property rights and ownership status of the 250 shares of CIMCO stock at issue in the instant case. (#32 p. 2). In contrast, Helen argues that the issue should be framed instead as a suit solely pursuant to 805 ILCS 5/12.56, which permits a shareholder to demand "[t]he purchase by the corporation or one or more other shareholders of all, but not less than all, of the shares of the petitioning shareholder for their fair value and on the terms determined under subsection," § 5/12.56(b)(11), if "[t]he directors or those in control of the corporation have acted, are acting, or will act in a manner that is illegal, oppressive, or fraudulent with respect to the petitioning shareholder whether in his or her capacity as a shareholder, director, or officer," § 5/12.56(a)(3). She argues further that her "statutory right to pursue a 'fair value' purchase of her stock by the corporation has nothing to do with her divorce case or the Illinois Marriage and Dissolution of Marriage Act." (#41 ¶ 4).
As of the date of this opinion, the dissolution of marriage case is still ongoing in the Circuit Court of Piatt County, with the most recent docket entries regarding motions for sanctions and motions to strike, suggesting that a final judgment will not be reached seasonably. Among other entries, this court takes special note of the following events in that docket: 6/3/2008, Petitioner (Will) serves a request to produce on Respondent (Helen); 11/6/2008, Petitioner files a motion to compel response to his request to produce; 4/17/2009, Respondent's counsel withdraws; 5/27/2009, Respondent's counsel appears on Respondent's behalf at the dissolution hearing (despite his earlier withdrawal); 7/6/2009, Petitioner files motion for sanctions for failure to comply with order, pursuant to Ill. S. Ct. R. 219(c); 9/8/2009, Respondent ordered to appear in person; 9/30/2009, Respondent fails to appear before the court; 1/15/2010, Petitioner files petition for indirect civil contempt; 4/8/2010, Respondent ordered to comply with discovery requests; 8/30/2010, Respondent's counsel files motion to withdraw (again); 8/31/2010, Respondent found to be in default and barred from presenting further evidence in the case; 4/4/2011, Petitioner files motion for protective order; 5/5/2011, Respondent files motion for substitution of judge and motion for mental health examination; 5/26/2011, motion for substitution of judge denied; 5/27/2011, motion for mental health examination denied; 6/17/2011, protective order entered; 6/24/2011, court reconsiders ruling on mental health examination and allows motion; 11/17/2011, mental health exam ordered; 12/14/2011, Petitioner files motion for sanctions for failing to file mental health exam.
On August 31, 2011, Helen filed the present suit in this court, requesting, among other things, that this court compel Defendants to purchase her stock in CIMCO for fair value, pursuant to the Illinois Business Corporation Act, as amended, 805 ILCS §§5/12.56(b)(11) and 12.56(e). (#1). On November 4, 2011, Defendants filed a motion to dismiss. (#6). On February 22, 2012, Magistrate Judge Bernthal filed his Report and Recommendation, recommending the Motion to Dismiss be denied. (#12). On March 26, 2012, this court accepted the Report and Recommendation (#16). On May 22, 2012, Judge Bernthal set dates for discovery deadlines, ordering, among other things, the exchange of initial disclosures by May 31, 2012. (Minute Entry of May 22, 2012). On June 18, 2012, Defendants filed a Motion to Compel, noting that: a Request to Produce was mailed on March 28, 2012; a follow-up letter sent on May 14, 2012; on May 24, 2012, Defendants received email from Helen's counsel requesting to serve responses on a deferred date of May 31, 2012; no responses were received; on June 4, 2012, Defendants' counsel again sent a request for discovery responses; on June 5, 2012, Helen's counsel indicated he would provide "answers this week"; as of June 18, 2012, 18 days after the discovery deadline, no responses had been served. (#23). On July 9, 2012, Helen filed a Motion for Extension of Time (#24). On July 9, 2012, Defendants filed a Response (#25) to the Motion for Extension of Time (#24). On July 12, 2012, Helen filed a Reply (#26), which this court struck because a reply is not permitted under the local rules. (Text Order of July 12, 2012). On August 20, 2012, this court granted the Motion to Compel (#23). (Minute Entry for August 20, 2012).
On August 31, 2012, Will filed a Motion to Intervene (#30) and to Stay (#31). In the Motion to Stay, Will argues that this case should be stayed because Helen "comes before this Court with 'unclean hands' attempting to obtain a favorable ruling in Federal Court to salvage her ability to present evidence on a substantial issue, the 250 CIMCO shares, currently being properly litigated in Illinois divorce proceedings." (#32 ¶ 55). On September 18, 2012, Helen filed a Motion for Extension of Time (#36), which this court granted on October 3, 2012. On October 29, 2012, Judge Bernthal entered an order granting the Motion to Intervene for the limited purpose of allowing Will to file and pursue his Motion to Stay, thus staying the present proceedings until final judgment is entered in the dissolution of marriage case in state court; or until further order of this Court. (#39). On November 12, 2012, Helen filed an Objection (#41) to Judge Bernthal's Order (#39).*fn2 In the Objection, Helen argues that Judge Bernthal erred because, pursuant to Fed. R. Civ. P. 17, Will was not mentally competent, and, having no guardian ad litem, was therefore bereft of capacity to be sued. Helen's position is that because Will was not competent to be a defendant, he could not have intervened, and accordingly, could not have filed a motion to stay before this court either appointed him a guardian ad litem or found him competent to be a defendant.
The issue before this court is whether a diversity action in a Federal district court may be stayed or dismissed pending the outcome of related state court divorce proceedings. The correct analysis is under the doctrine of Colorado River abstention. See Colorado River Water Conservation Dist. v. U. S., 424 U.S. 800 (1976). "The Colorado River abstention doctrine. permits federal courts to defer to a concurrent state proceeding as a matter of wise judicial administration. when parallel state court and federal court lawsuits are pending between the same parties." Adkins v. VIM Recycling, Inc., 644 F.3d 483, 497-98 (7th Cir. 2011). Because a dismissal, even sua sponte and without prejudice, would result in the termination of Helen's case, we apply the same standard as a motion to dismiss under Fed. R. Civ P. 12(b)(1) or 12(b)(6), and thus take all well-pled facts as true and draw all inferences in the light most favorable to the nonmoving (or, in this case, the negatively affected) party.
I. Power to abstain sua sponte
A threshold question is whether a party is required to explicitly raise abstention as a defense in order for this court to entertain the doctrine.*fn3 Although the specific question of whether a court may abstain on its own accord under Colorado River appears to be a matter of first impression in this Circuit, the Court of Appeals has previously held that a court may do so under Pullman abstention, Waldron v. McAtee, 723 F.2d 1348 (7th Cir. 1983), Burford abstention, General Ry. Signal Co. v. Corcoran, 921 F.2d 700 (7th Cir. 1991), and Younger abstention, Barichello v. McDonald, 98 F.3d 948, 955 (7th Cir. 1996). On one hand, this court acknowledges that the issues that inform the three constitutionally-based grounds of Pullman, Buford, and Younger abstention-that is, comity and federalism-do not apply in the case of Colorado River abstention, but rather, the rubric of "wise judicial administration, giving regard to conservation of judicial resources and comprehensive disposition of litigation," Colorado River, 424 U.S. at 817. On the other hand, the Courts of Appeal for other Circuits have permitted district courts to decline jurisdiction under Colorado River on a sua sponte basis. See Jimenez v. Rodriguez-Pagan, 597 F.3d 18, 27 n.4 (1st Cir. 2010); Michelson v. Citicorp Nat. Services, Inc., 138 F.3d 508, 510 (3d Cir. 1998) (affirming district court sua sponte stay under Colorado River pending resolution of related state court action); Nationstar Mortg. LLC v. Knox, 351 F. App'x 844, 851 (5th Cir. 2009) (unpublished). In line with the three constitutional doctrines, and following the lead by the First, Third, and Fifth Circuits, this court adopts the approach that Colorado River abstention may be raised sua sponte.
II. Colorado River abstention
The default rule between state and federal courts is that "the pendency of an action in the state court is no bar to proceedings concerning the same matter in the Federal court having jurisdiction," due to the "the virtually unflagging obligation of the federal courts to exercise the jurisdiction given them." Colorado River, 424 U.S. at 817. Thus, "[a]bstention from the exercise of federal jurisdiction is the exception, not the rule." Id. at 813. "The doctrine of abstention. is an extraordinary and narrow exception to the duty of a District Court to adjudicate a controversy properly before it. [justified] only in the exceptional circumstances where the order to the parties to repair to the state court would clearly serve an important countervailing interest." Id. See also Quackenbush v. Allstate Ins. Co., 517 U.S. 706, 716 (1996) ("We have often acknowledged that federal courts have a strict duty to exercise the jurisdiction that is conferred upon them by Congress.") However, that being said, Colorado River itself affirmed a dismissal.
Colorado River abstention requires a two part inquiry: first, whether the concurrent state and federal actions are "parallel"; and then, the existence of "exceptional circumstances" that warrant abstention. Tyrer v. City of S. Beloit, Ill., 456 F.3d 744, 751 (7th Cir. 2006).
A. Parallel state proceeding
The first inquiry is whether the state and federal actions are "parallel". To be parallel, the state case must be both contemporaneous and concurrent-that is, has begun and has not yet terminated-Interstate Material Corp. v. City of Chicago, 847 F.2d 1285, 1288 (7th Cir. 1988), cf., Strasen v. Strasen, 897 F. Supp. 1179, 1186 (E.D. Wis. 1995), as well as involve substantially the same issues, thus making it likely that a judgment in one suit will have a res judicata effect in the other suit, Calvert Fire Ins. Co. v. Am. Mut. Reinsurance Co., 600 F.2d 1228, 1230 n.1 (7th Cir. 1979). Another way to determine if the suits are parallel is if there is a "substantial likelihood that the state litigation will dispose of all claims presented in the federal case." Clark v. Lacy, 376 F.3d 682, 686 (7th Cir. 2004).
This court has confirmed with the Piatt County Clerk's Office that the state case was filed on October 6, 2006, and has not yet terminated, with the last docket entry on February 28, 2013 setting a hearing on March 28, 2013. Neither party has suggested that the possibility of a settlement is being entertained. Helen filed her complaint in this case on August 31, 2011, and obviously it has not yet terminated. Thus, the state case is contemporaneous and concurrent with the present one.
In regard to the second element, the two cases superficially do not appear to overlap. One involves divorce; the other, a board of directors that has allegedly played fast and loose with a corporate shareholder record book. On closer examination, the property at dispute in this case is 250 shares of CIMCO stock-shares that not only are alleged to have been improperly reassigned in that record book, but had earlier been allegedly transferred between spouses during the pendency of the marriage. Helen testified that the 250 shares of CIMCO "were assigned and given to me in August of 2006, during the marriage, by my husband, William Ayers, prior to his stroke in May of 2007." (#41 exh. 1 ¶ 1). Under Illinois law, property acquired before the marriage constitutes "non-marital property", 750 ILCS 5/503(a)(6), which, upon dissolution of the marriage, is to be assigned to the spouse that brought it to the marriage, § 5/503(d). Non-marital property may be transmuted into marital property when title is placed in joint tenancy with the spouse, under the presumption that a gift was made to the marital estate.
In re Marriage of Olson, 451 N.E.2d 825, 828 (Ill. 1983). And last, inter-spousal gifts are recognized under 750 ILCS 5/503(a)(1), wherein a donor spouse makes a gift of his interest in marital property to the other spouse, at which point the donee spouse is in possession of his or her own interest as well as the interest of the donor spouse, converting the marital property of both spouses into the non-marital property of the donee. In re Marriage of Lee, 615 N.E.2d 1314, 1323 (Ill. Ct. App. 5th Dist. 1993). Regardless of the final judicial disposition of the shares, it is clear that Helen alleges that the shares were transferred during the pendency of the marriage and she does not allege that there was a clear and absolute separation of financial accounts, cf. In re Marriage of Guerra, 505 N.E.2d 748, 750 (Ill. Ct. App. 2d Dist. 1987). This court therefore finds that the alleged transfer was in the context of the marital estate.
Because the dispute is over property allegedly transferred between two spouses, into, or out of, the marital estate, during the pendency of the marriage, and no evidence has been presented otherwise, the Illinois state court has jurisdiction to dispose of those shares during the dissolution proceedings. Further, Will notes that he contests Helen's claim to ownership of those shares and is doing so in state court. Helen therefore has the opportunity to dispute her corporate fraud claim in state court. More fundamentally, she will be required to litigate whether she even has legal ownership of those shares. Thus, even if the § 5/12.56 claim itself is not raised and litigated to full and final judgment, the issue of whether Helen was a legal shareholder will be subject to issue preclusion. Accordingly, this court concludes that despite a different legal basis for the claim, the core issue of whether the alleged inter-spousal transfer had occurred properly affords a finding that the dissolution proceeding and the present case are "parallel".
B. Colorado River factors
There are ten factors that this court must consider in determining whether to defer to the concurrent jurisdiction of the state court: (1) whether a court assumed jurisdiction over the property at issue, and if so, which was first; (2) the inconvenience of a federal forum; (3) the desirability of avoiding piecemeal litigation; (4) the order in which jurisdiction was obtained by the concurrent forums; (5) the source of governing law: state or federal; (6) the adequacy of the state court action to protect the federal plaintiff's rights; (7) the relative progress of the state and federal proceedings; (8) the presence or absence of concurrent jurisdiction; (9) the availability of removal; and (10) the vexatious or contrived nature of the federal claim. Interstate Material Corp. v. City of Chicago, 847 F.2d 1285, 1288-89 (7th Cir. 1988), compiling factors from Colorado River, 424 U.S. at 818, and Moses H. Cone Mem'l Hosp. v. Mercury Const. Corp., 460 U.S. 1, 23-26 (1983).
The state court acquired jurisdiction over the matter and the property in 2006, well in advance of the case being filed in this court, so factors (1) and (4) weigh in favor of abstention.
The Piatt County courthouse is 27 miles from this courthouse, and both are relatively equidistant from Helen's attorney, whose offices are located in Chicago, so factor (2) does not weigh against abstention. (Will and CIMCO's attorneys are local.)
Regarding factor (3), the avoidance of piecemeal or overlapping litigation, the property at dispute in this case is an essential and integral component of the divorce proceedings, and any judgment entered in this court would create a res judicata effect on one element of a larger state case. Further, the original impetus for Judge Bernthal's stay was Helen's Request for an Evidentiary Hearing on the Capacity and Competency, under Fed. R. Civ. P. 17 (#37). The Report and Recommendation stated, as follows:
The Court in the Piatt County marital case has previously ordered a mental health examination. An examiner has been appointed and commenced the process of conducting the necessary evaluation. The results have not yet been made available.
There is no need for this Court to duplicate the process that has already commenced. The state court is a preferred forum for determining competency.
The state courts perform this task on a regular basis. It is very rare for the federal court to be asked to make such a determination. (#39 p. 2). A stay in this case to await the evaluation conducted in the state court-or, as here, a dismissal so as to not duplicate the efforts of two judicial systems regarding the disposition of the same property-promotes judicial economy and reduces piecemeal litigation. Thus, factor (3) weighs in favor of abstention.
Regarding the source of governing law, the only law in this case is Illinois state law, so factor (5) weighs in favor of abstention. Cf. Medema v. Medema Builders, Inc., 854 F.2d 210, 215 (7th Cir. 1988) ("In one class of cases, those where a plaintiff's non-frivolous claim invokes the exclusive jurisdiction of federal courts, the Colorado River stay is not appropriate.")
As for factor (6), there is no reason to suspect that the state court could not adequately adjudicate the dissolution process. Helen did file a motion to substitute the judge in her dissolution proceedings, but the motion was denied, suggesting that any allegation that her proceedings were unfair was spurious. Further, Helen could very well have filed her state law claim in state court. She has not suggested why the state court-whether the judge in the dissolution proceeding, or the state judiciary in general, should she choose to re-file her § 5/12.56 action in state court-would not adequately protect her rights. Before she can bring an 805 ILCS 5/12.56 claim she must establish that the shares were properly transferred to her, § 5/12.56(a) ("In an action by a shareholder.") (emphasis added). Then she must establish that the directors had or will act in a manner that is illegal, oppressive, or fraudulent, § 5/12.56(a)(3), and then, within 90 days of filing that "petition", she must then file an election for the corporation to buy out her shares, § 5/12.56(f). See also Hamlin v. Harbaugh Enterprises, Inc., 755 N.E.2d 993, 996 (Ill. App. Ct. 3d Dist. 2001) (noting the 90-day clock begins to run from the date of filing the complaint). The statute does not list a statute of limitations restricting when a shareholder may file that type of suit, suggesting that a shareholder always has this right as long as he or she remains a shareholder. This interpretation is supported by § 12.80, which requires that a shareholder's civil remedies survive for five years after the corporation is dissolved. It appears that Helen may file her independent claim in state court as long as she remains a "shareholder". And whether she is a shareholder depends on whether she is the legal owner of those shares, which itself depends on whether they were properly transferred to her during the pendency of the marriage. Factor (6) therefore weighs in favor of abstention.
Regarding factor (7), Helen has survived a motion to dismiss in this court, but she has not made substantive progress in a timely fashion, largely due to her counsel's intransigent attitude toward court-mandated deadlines. The state court case has also been sandbagged by the antics of either Helen or her attorney with delays and frivolous motions, among other kinds of dubious behaviors, to the point that that court entered default against her as a result of her failure to appear at hearings. However, at least that court did award a Judgment of Dissolution of Marriage, and has undoubtedly more time and knowledge of the facts of the case than this court. Factor (7) therefore also weighs in favor of abstention.
Factors (8) and (9) are neutral, as concurrent jurisdiction is appropriate and because the case is here on diversity jurisdiction and a re-filed state case may be removed to Federal court, if necessary or desired.
As to the last factor, which is the vexatious or contrived nature of the Federal claim, this court can only conclude from the filings and the limited evidence before it that Helen is attempting to circumvent the state court proceedings by filing in Federal court. But for the 250 CIMCO shares-shares that may or may not have been given from a husband to a wife during a very short marriage-Helen would not be in this court. That, along with the fact that the only cause of action is pursuant to a state statute suggests that this court, as a Federal court of limited jurisdiction, is not the proper forum in which to address her grievances. Colorado River abstention is therefore appropriate.
III. Domestic relations exception to federal jurisdiction
Although no party argued that the domestic-relations exception applies, a brief mention of the underlying rationale is persuasive. This exception "divests the federal courts of power to issue divorce, alimony, and child custody decrees."Ankenbrandt v. Richards, 504 U.S. 689, 703 (1992). Although Helen does not request any of those kinds of relief per se, the Seventh Circuit has discussed the two main reasons behind the doctrine. That court wrote:
The best contemporary reasons for keeping federal courts out of the business of probating wills, resolving will contests, granting divorces and annulments, administering decedents' estates, approving child adoptions, and the like are. First, the proceedings we have listed, or at least those involving child custody and probate administration, are in rem in character-they are fights over a thing of value that is in the court's control-and another court should not try to elbow its way into the fight. Second, state courts are assumed to have developed a proficiency in these matters, to have procedures tailored to them, and to work closely with and even employ specialized staff not found in federal courts.
Jones v. Brennan, 465 F.3d 304, 307 (7th Cir. 2006). The Jones reasoning applies here. The shares are a thing of value in the state court's control, and this court "should not try to elbow its way into the fight." Second, as Judge Bernthal noted in his Report and Recommendation, this court has less proficiency and fewer procedures tailored around disputes of mental health than the state courts. Even if Helen's assertions are taken baldly, and the only issue is over the allegedly fraudulent behavior regarding those shares, we must presume that the state courts are more fluent with disposition of inter-spousal gifts of non-marital property. These reasons further support the decision to dismiss the case.
IV. Dismissal v. stay
The final issue is whether the case should be dismissed or only stayed. Although a district court is permitted to stay or dismiss when it abstains under Colorado River, AXA Corporate Solutions v. Underwriters Reinsurance Corp., 347 F.3d 272, 276 (7th Cir. 2003), the preference is to stay rather than dismiss, Wilton v. Seven Falls Co., 515 U.S. 277, 288, n.2 (1995). ("We note that where the basis for declining to proceed is the pendency of a state proceeding, a stay will often be the preferable course."); Adkins v. VIM Recycling, Inc., 644 F.3d 483, 503 n.9 (7th Cir. 2011) ("When abstention is appropriate under Colorado River, our circuit has a strong preference for a stay rather than a dismissal of the federal suit."). This preference is to prevent any potential prejudice to the federal plaintiff due to the passage of time. Wilton, 515 U.S. at 288, n.2 (noting that a stay is preferred "because it assures that the federal action can proceed without risk of a time bar if the state case, for any reason, fails to resolve the matter in controversy."); Lumen Const., Inc. v. Brant Const. Co., Inc., 780 F.2d 691, 698 (7th Cir. 1985) ("A dismissal, even without prejudice, creates a risk that the federal plaintiff will be time-barred from reinstating his federal suit if the state proceeding does not result in a final decision on the merits.").
In his original Order, Judge Bernthal stayed the case, correctly following the mandated preference. However, this court is persuaded that the Report and Recommendation did not go far enough. First, the Colorado River factors, as discussed above, suggest that the issue of the ownership of the shares should be adjudicated in state court and that this court should defer to that one in the interests of judicial economy and wise judicial administration, as well as comity. Second, it is highly unlikely that the dissolution proceedings will neither fully address nor properly adjudicate the disposition of the shares in question. Given that Helen may pursue her § 12.56(a) claim as long as she is a "shareholder", there are no timeliness limitations on her filing an independent action in state court, much less pursuing the disposition of those shares in the dissolution proceedings. Last, because Helen is before this court on diversity jurisdiction, this court must apply the state law statute of limitations. Doe v. Roe No. 1, 52 F.3d 151, 154 (7th Cir. 1995) ("A state law which bars actions because of a statute of limitations is sufficiently substantive under Erie that a federal court exercising diversity jurisdiction must respect it."). As discussed above, it does not appear that § 5/12.56 has a statute of limitations. Therefore, in addition to being able to re-file in state court, she may also re-file in this court both during or after final judgment is entered in the dissolution proceedings.
In Lumen Const., Inc. v. Brant Const. Co., Inc., a plaintiff filed a variety of claims under state statutory and common law theories in state court, and also filed claims under 42 U.S.C. §§ 1981, 1983, 1985, 1986, and 2000d. 780 F.2d 691, 693 (7th Cir. 1985). The district court there dismissed on the ground that because "the plaintiffs' civil rights claims arose out of a contractual dispute. it would be impossible to decide the federal claims without some resolution of the state law issues." Id. at 693. On appeal, the Seventh Circuit affirmed, but modified the dismissal to a stay, reasoning solely that a stay "permits the federal court to retain jurisdiction in case the state court action does not meet its anticipated end" and allows the case to return to "the same federal judge if a determination is needed as to the preclusive effects of the state judgment or decisions." Id. at 698. Lumen is distinguishable on the grounds that the plaintiff there brought exclusive federal claims, whereas here, the plaintiff only has a single state claim. There is no federal claim that must be retained "if the state court action does not meet its anticipated end". See also DeMauro v. DeMauro, 115 F.3d 94, 100 (1st Cir. 1997) (requiring a stay instead of a dismissal when the Federal claim was under RICO).
Given the reasons as discussed above, including the state court's exclusive jurisdiction over domestic relations, the state court's advanced progress, and the high probability that a state court judgment would have a preclusive effect on subsequent litigation, this court finds, after careful consideration and the exercise of wise judicial administration, that it is required to abstain under the Colorado River doctrine. Further, the absence of an exclusive federal claim and Helen's vexatious efforts to litigate a matter in Federal court previously forfeited in state court overcome the preference to stay in favor of dismissal.
(1) The Order to Stay and permitting William Ayers to Intervene (#39) is VACATED.
(2) The case is DISMISSED without prejudice and terminated.
Michael P. McCuskey
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text: A former New York-based financial adviser will spend more than two years in prison after admitting on Wednesday that he took $1.6 million out of three trusts he oversaw, the Manhattan district attorney announced. Brian Keenan, 60, a former adviser at Train, Babcock Advisors LLC, pled guilty in New York Supreme Court to one count of grand larceny for diverting the funds from trusts set up to benefit three relatives of one of his clients. In exchange for his plea, Keenan will receive a sentence of two years and four months to seven years.


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Hydrocarbon Fuels Methane Gas - Chinaprice: contact company for price
probably[citation needed] the most abundant organic compound on earth.
The relative abundance of methane makes it an attractive fuel. However,
because it is a gas at normal conditions, methane is difficult to
transport from its source.Methane is important for electrical generation
by burning it as a fuel in a gas turbine or steam boiler. Compared to
other hydrocarbon fuels, burning methane produces less carbon dioxide
for each unit of heat released. Methane is also subjected to free-
radical chlorination in the production of chloromethanes, although
methanol is a more typical precursor.
Company Contact:
- Posted By: Central China Special Gas Co., Ltd.
- Phone: 867348755678
- Address: Jiefang Rd, Hengyang, China
- Email:
- Website: http://www.ccsg.cn
Published date: May 30, 2013 -
- Business Description: Central China Special Gas (CCSG) Co., Ltd is specialized on gas
industry; our main product is industrial gases, specialty gases, gases
equipments. With Chinese booming economy, CCSG now is one of the most
active player on industrial and specialty gas in China. CCSG's products
Fluorogases: SF6, HF, CHF3, CF4, C2F6, C3F8, C4F8
Hydrocarbons: CH4, C2H4, C2H6, C3H6, C3H8
Rare gases: Helium, Neon, Argon, Krypton, Xenon
Calibration Standard Gases, mixtures
Other gases: D2, CO, H2, SO2, Cl2, HCL, N2O, NO, NO2...
Related listings
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Methanol/ methyl alcohol CAS: 67- 56- 1 Purity: 99.9% Min. Diethylene glycol: 0.15% Max. Moisture: 0.1% Max. Acid content: 0.01% Max. Alkali content: 0.0008% Max. Carbonyl compounds: 0.002% Max. Evaporation residue: 0.001% Max. Ethanol: 0.01% Max. Ch...
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On interstate are used in some chemical raw materials in the process of drug synthesis process or chemical products. This kind of chemical products, don' t need a pharmaceutical production license, in ordinary chemical factory can produce, as long as...
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- This site is never involved in any transaction, and does not handle payments, shipping, guarantee transactions, provide escrow services, or offer "buyer protection" or "seller certification"


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2223 73rd Ave Ct, Greeley CO, 80634 (Closed)
Sold Price:
3 beds, 2 Full baths, 2,950 sqft
Last Updated: 12/7/2016 7:10 PM
Description for 2223 73rd Ave Ct Greeley, CO 80634
Come see this 3 bedroom 2 bath ranch in Eagle Ridge! Our Glenwood model features an open floor plan with an oversized garage. There is a common recreation/park area with a pool included.
This Single Family property in Greeley, CO, MLS # 788847, is located in the neighborhood of Eagle Ridge, Homestead Heights. 2223 73rd Ave Ct is within the Greeley 6 School District, served by GREELEY CENTRAL High School, PRAIRIE HEIGHTS Middle School, and MONFORT Elementary School.
Sold Price:
Sold Date:07/11/2016
Eagle Ridge, Homestead Heights
2 Full
2,950 (approx)
Come see this 3 bedroom 2 bath ranch in Eagle Ridge! Our Glenwood model features an open floor plan with an oversized garage. There is a common recreation/park area with a pool included.
Listing Information for 2223 73rd Ave Ct Greeley, CO 80634
Eagle Ridge, Homestead Heights
1,475 Sq. Ft. (approx)
School Information
Room Information
Interior Features
,1,475 Sq. Ft. Below Ground
Electric Range/Cooktop, Dishwasher, Microwave, Disposal
Central Air
Forced Air
Unfinished Basement
Alarm -Smoke/Fire
Cathedral/vaulted Ceiling, Open Floor Plan, Walk-in Closets
Exterior / Lot Features
3 Parking Spaces, Attached Garage, Attached Garage
Community Features
Park Play Area
Financial Considerations
Listing Price History
Greeley Real Estate
Greeley is located in Colorado. Greeley, Colorado 80634 has a population of 93,082.
The median household income in Greeley, Colorado 80634 is $44,226. The median household income for the surrounding county is $56,589 compared to the national median of $53,046. The median age of people living in Greeley 80634 is 30.4 years.
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Store HoursMon-Sat 10-9 Sun 12-6
Call 800.266.9016 For HelpMon-Fri 9-5 EST
Item # 885204-04035
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The Genevieve Dress from Forplay shows off your curves with a romantic and sexy sweetheart neckline. The dress features subtle shimmer and texture in all black. The neckline is wired to keep its shape and stay put. 95% Polyester/5% Spandex.
Have a question about the size, color, or fit of this item? Use this form to get in touch with us. We'll get back with you right away!
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Hotel Mandovi, 1st Floor, DB Marg, Near Ferry Bus Stop, Panaji, North, Goa
- Cuisine
- Goan
- Chinese
- European/Continental
- North Indian
- Cost
- 1500 for two people (approx.)
- Facilities
- Outdoor Seating
- Serves Alcohol
Right by the riverside, the hustle and bustle of the capital city is left far behind as you sit in the favourite riverside restaurant in Panaji with alfresco dining in and garden seating next to the River Mandovi. Conceptualized around the early eighties this restaurant was the pioneer in many aspects. The fastfood drive - they were the first to introduce the Bombay Pav Bhaji, the mashed mixed vegetables fried on a flat pan and served with dripping-with-butter bread, though it has been ...


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Music Gear News
Tinie Tempah gives away glasses
Tinie Tempah is giving his trademark Ray Ban sunglasses away to a fan.
The rapper is set to give away his trademark eyewear - which he counts as lucky because he wore them for the video of his debut UK single 'Pass Out' - as part of a 'Something for the Fans' Priceless Music Collectables competition won by show sponsors MasterCard in association with this year's BRIT Awards.
He said: "Fans always associate me with the Ray Bans I wore in my first chart Number One video for 'Pass Out'. I had an immense year in 2010 and I hope one of my biggest fans will have similar success - and look as sharp - wearing them in 2011."
Other stars are also donating some of their most prized possessions to the competition, and one fan of each artist or group will win the item in question, as well as a pair of tickets to the BRIT awards on February 15, and a chance to star in an advert shown during the awards.
Rock band Kasabian are donating a pair of lead singer Tom Meighan's shoes, which have been signed by the whole band, while 'Pack Up' hitmaker Eliza Doolittle is prepared to give away her favourite sneakers.
She said: "These are genuinely my favourite pair of Nike Trainers, that's why I chose to wear them on the cover of my first album. But I'm sure they will find an equally loving home with one of my biggest fans."
The Ting Tings are also in the competition, donating two of their prized drums, which they have used onstage across the entire world.
To have a chance of winning your favourite star's treasured item, simply write why you feel you deserve it, and upload it at the website www.somethingforthefans.co.ukPosted on 13 Jan 2011 16:15 to category : Music News
Related Music News
Featuring a whole host of professional grade components, Antelope Audio's Zen Studio is available now at an incredibly discounted price.
Chief executive of UK Music expects difficulties in the near future for UK artists wishing to work in the USA
Ticket touters have been routinely slammed by artists and promoters for quite some time. Now, the government are to host an evidence session in which ticket touters and secondary tickets websites will be investigated.
Shure announce their 'Call for Legends- Live Contest' in which the company search high and low for the next living music legends.
In August controversy was in the air as the Dirty Dancing stage show fired its live musicians in favour of a backing track. Now the Musicians' Union urge its members to join in the protest.
In recent times, the theft of musical instruments and gear seems to be more prevalent than ever. With this GPS guitar pedal, users can track their stolen equipment simply by logging in online on their phone or tablet.
Recent Music News
Changing colour from its previous grey to a sleek black, the Launch Control XL's appearance has been re imagined to keep it inline with its Launch key and Launchpad counterparts.
Designed to simulate various classic amp tones, Supro's Tremolo Pedal introduces the new school to the old school
A premium belt-drive turntable that features wireless streaming, the BT-500 has been designed to extract every musical detail of your record collection
With new windows drivers installed and great savings to be made on selected models, Focusrite are giving you more and more reasons to be merry this Christmas
Straight from the 90's, the legendary synth has been given a modern makeover to make it more versatile than ever
Antelope Audio Now Offering a Free License For PreSonus Studio One For Customers Who Purchase Selected Interfaces
Those who purchase a Zen Tour, Zen Studio, Orion Studio, Orion 32, Orion 32 or Goliath interface will be eligible to receive a free copy of PreSonus' Studio One


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Product Procurement Engineer ( 2 - 3 yrs)
Techno cart
RSLess than 50000 To Less than 50000Pune, Chennai, Delhi
Job Title: Procurement Engineer/Product Development/Purchase Or Vendor Development Manager Educational Qualifications : B.E/Diploma (Any Branch) Job Description: •Identifying & Creating Various Category Supplier Base •Understanding Of...
Key Skills : product analyst,quality analyst
Jindal Steel Power Limited
RS80,000 To 2,75,000South Delhi
Job Responsibility:- Resource & Material Planning Procurement, Vendor selection BF operation Commissioning and Blowing in BF project materials Equipment erection and testing.
Key Skills : assistant manager,blast furnace engineer,procurement officer,procurement engineer
Hiring for Purchase Executive ( 3 yrs)
G.k. Dairy & Milk Products
RS1,50,000 To 4,00,000Central Delhi
Meets Customer Requirements By Developing, Implementing, and Evaluating Production Planning, Purchasing, Warehousing, and Shipping Policies and Procedures; Negotiate Contracts and Consignment Agreements for Materials; Evaluate Materials.
Key Skills : materials production,planning,purchase procurement,purchase executive,purchase assistant,purchase engineer


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Music and news are very different businesses, but the digital age presented them both with a very similar problem: how do you get someone to pay for something they can get for free?
Via Joanna KIRK
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Maurice Clark's curator insight, October 13, 2013 9:47 PM
This article goes over the impact of digital radio versus AM/FM radio. Even though digital radio listeners are increasing a great deal, AM/FM radio still has the advantage. This is because digital radio hasn't figured out how to include local advertising. AM/FM radio garners 200 million unque listeners monthly, while the most popular digital radio service, Pandora, gets about 75 million. If the digital radio services figure out a way to include local advertising, I believe AM/FM radio will be obsolete.
desi d's curator insight, December 11, 2013 4:58 PM
I chose this article because i thought it was really cool to see how pandora and spotify are in competiton with each other. With pandora having over 72.1 million listeners its hard to believe that spotify will soon exceed that.
Colorz Champion's comment, October 8, 2013 12:01 PM
I believe that a lot of music has been missing. Having to loose out on great music today is not surprising at all. There has been singles that artists today want to put out and just make money off of. I believe those lost recordings have been what I call a "missing art" for todays time. I think even if Mr. White find those lost recordings no one would appreciate the value in the music unless it was recorded by a popular artist that everyone knows.
Michael Hassinger's curator insight, December 11, 2013 11:40 PM
This article is about Lindsey Stirling, a youtube sensation, who generates revenue through making you tube videos. Her fanbase consisted of three million followers. The advantage of having a you tube account and having a large fan base can allow Stirling to live off of the funds. A disadvantage was going onto a popular television show and getting turned down. But later returning to you tube where her fanbase misjudged her. I think judgement comes with being in the music industry. People are going to talk about you whether you are doing good or bad.


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第一公设市场: "No. 1 fresh market" Naha Restaurant Tip by Bob_Shan
Naha Restaurants: 7 reviews and 26 photos
Great great variety of sea food! all stuff are live and fresh in the market, and you can buy and eat on the 2nd floor. The price is unbelievable cheap - a huge plate of sashimi cost only 1000 yen, least then 1/10 of what it may cost in Shanghai, and the quality was superb!!!
Favorite Dish: All of them!!!
Address: In the ping he street
Price Comparison: least expensive
Directions: Near International shopping street, close to Monorail Makashi (牧志) station
Price: US$11-20
Rating: 5
Theme: Local
More Reviews (2)
Bob_Shan's Related Pages
"Life is a journey, travel extends life"
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text: Looking to invest in a big home appliance? You can save up to 30% by purchasing a floor model. If you're willing to put up with a machine that's already been seen outside the box, the savings on everything from ovens to air conditioners will be well worth it!| Print


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Looks like things are getting out of hand for the embattled lecturer at the Department of Languages and Linguistics of the Osun State1 University, Ikire Campus, Dr. Wale Ojoniyi.
A screenshot of the randy lecturer naked, and in bed with Mercy Ikwue a 400 level student of the institution, has been released for the world to see!
Dr Wale has said the truth about the disgraceful sex video recently released will soon prevail. The lecturer described the video as a lie but did not say the man in the video was not him or that the tape was manipulated.
He was also silent on who might be behind the scandalous video clip.
The text message read:
"Congratulations, Femi Makinde. When you know the truth, it will either set you free or imprison your conscience …..And very soon, you will know the truth. I have just read your lies."
Meanwhile, some students of the UNIOSUN campus in Ikire, on Thursday, expressed delight that the scandal was eventually blown open for everybody to see.
The students, who spoke on condition of anonymity, said the matter would curb such practice which they claimed was not limited to Ojoniyi.
The students said Ikwue petitioned the school authority about the case and the lecturer was also suspended. They added that Ojoniyi just resumed from the suspension.


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Joe Focht
Calvary Chapel of Philadelphia began in 1981 when Pastor Joe Focht started a small Bible study in a catering hall. With a strong emphasis on teaching God's Word verse by verse, the church has grown to minister to approximately 12,000 people weekly with a variety of outreaches and ministries.
Songtime USA
Songtime is a not-for-profit, international radio ministry bringing the Good News of the Gospel of Jesus Christ to the world. Host Dr. John DeBrine brings you the most exciting format in Christian broadcasting – music, interviews, news and sound Bible teaching from speakers all around the world.
Chuck Smith
The Word For Today brings you the solid and consistent teaching of the whole Bible taught by Pastor Chuck Smith, pastor of Calvary Chapel of Costa Mesa, CA. Pastor Chuck Smith's radio and TV programs can be heard on stations nation-wide. The Word For Today is aired in over 350 cities world-wide, and more than 300 times daily. Tune in ...
GOD is Faithful!
Take a look at what God has done to bring Christian radio to Boston. GREAT is His faithfulness!!!


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Built-in 5.8GHz 40 channels receiver
Built-in speaker and volume control buttons
Image resolution: 1280 x 800
Different density foam meets your need in a goggles
Lightweight, it will not give your head a heavy feeling
Weight: 0.4kg ( not includes the battery )
Sensitivity: -90dBm
Supply voltage: 6 - 15V Recommended 2S Li-Po
Reverse voltage protection
Notice: We have three types of charger plug in the package that is EU plug, US plug and BS plug
|Dimension and Weight
|Package Contents
We do not accept any responsibility or liability for misuse of this or any other product. All our products are extensively tested to comply with rigorous and strict QC standards. For certain products (e.g. toys, knives, etc.), we recommend proper supervision as we cannot be held liable for misuse or accidents.
We do not accept any responsibility or liability for the incorrect purchase of our products. All of the products on the website are extensively tested to comply with rigorous and strict QC standards. For all of our clothing products, items and accessories, please take careful note of the precise measurements, mainly shown in centimeters (CM). As part of our company policy, we will not be able to accept returns or provide refunds for items which are the wrong size.
Product photography is for illustration only. The product sold may have minor physical differences depending on manufacturer specifications, production batch, etc. Customers should carefully consider this before purchase.
Inquiry Question


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Top Trending Hotels Near Black American West Museum
Get 200 Nectar points when you book your hotel
Simply enter your Nectar card number when prompted. Your points will be credited 30 days after you return from your trip.
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This downtown, nonsmoking boutique hotel is 1 block from 16th Street Mall and a little more than an hour's drive from Summi …
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Located in the heart of downtown, this granite-and-glass tower is adjacent to the Colorado Convention Center and one block …
Hampton Inn & Suites Denver-Downtown
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Located in Downtown Denver, this hotel is within a 15-minute walk of Wells Fargo Center, Colorado State Capitol Building, and …
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Embassy Suites Denver-Downtown/Convention Center is opposite the convention center and 2 blocks from the 16th Street Mall. It …
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the ART, a hotel
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This family-friendly Denver hotel is located in the entertainment district, within a 10-minute walk of Denver Public Library, …
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What is the best way to hang mens dress pants to prevent discoloration?
Teresa from Scotts, MI
If you must fold them use plastic hangers. But the best way is to hang them straight by the cuffs using a clip hanger.
I found that pants discolor more from washing than from the way they are hung. Try washing the pants inside out. Also, I found that Dockers pants discolor relatively quickly. The newest Haggar pants are unbelievable. They never fade!
Add your voice! Click below to comment. ThriftyFun is powered by your wisdom!


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After several seasons of loud, overdone color, it's nice to see soft, feminine colors returning to the runways. Add a touch of delicacy to your outfit with a pair of pumps, like these soft yellow ones from Louis Vuitton.
If you're tired of the hassle of shaving or waxing unwanted hair, take this quiz to find out if you should get laser hair removal.
Beards are definitely "in" these days, but some guys just don't know when to stop. Are you a dude with a beard so bad it's humiliating?
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Which hair color suits you best?
Sign up for ChaCha and you'll be able to easily get answers from thousands of ChaCha Guides on the Web and on your mobile phone, see your answer history, and stay up to date with the latest updates from ChaCha.


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By Tim Seymour
Gazprom (OTCPK:OGZPY), the giant state-run gas producer, has gotten marching orders from no less than Putin himself to open its pipelines to independent rivals ... or else.
Putin warned OGZPY.PK that he will work toward eliminating the company's monopoly status — nominally granted due to its strategic position in the Russian economy — unless it agrees to share access to its distribution network.
The context here is that OGZPY.PK has been finding it difficult to maintain regular supply to Europe and other key Russian gas customers. In order to regularize the country's output, Putin is now insisting that other domestic gas producers — who have never been able to count on Gazprom's infrastructure — are allowed in to pick up the slack.
Novatek is the obvious beneficiary but they have not really had any problems here and are not looking to export directly.
Arguably the biggest beneficiary that U.S. investors can trade is Lukoil (OTCPK:LUKOY), which has significant reserves.
The sleeper here may be very thinly traded Surgut (OTCPK:SGTZY), which is also friendly with the Kremlin, produces significant gas, and needed a step toward unlocking value there.
Either way, the politics of this order tell you that the days of Rosneft (OTC:RNGZY) and Sechin controlling the almighty oil and gas sector in Russia are firmly in place.


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Edit Article
How to Prevent Premature Fledging
One Methods:Approximate fledging times for nestlingsCommunity Q&A
Fledging refers to both the development of wings on a juvenile bird prior to flight and caring or watching over a bird until its wings are strong enough for flight. Premature fledgling is when nestlings leave the nest before they're ready to, in which case they rarely survive.
Careless monitoring of nest boxes (birdhouses) can lead to baby birds jumping out of the nest box and being abandoned by their parents. Learn to prevent premature fledgling when monitoring a nest box with this how-to.
1Make sure you know when the baby birds are due to fledged. This occurs at different times depending on the species; for example, bluebirds fledged at days 16-21, tree swallows at days 18-17 and purple martins at around 20 days.[1] Open nesters generally fledged around day 12, while cavity nesters stay longer.
- If you're not sure of the timing for the birds you're monitoring, look it up in a reputable bird manual or on a reliable online site dedicated to the birds in question. You could also call the local birdwatching society or the university zoology department for more information.
2Stop monitoring three or four days before fledgling is due. If you aren't sure how old the babies are, stop monitoring when they are mostly feathered or they begin to appear frightened of you.
3Only risk premature fledgling if there is an emergency (for example, an ill or hurt bird). Alert the birds (call or whistle) prior to opening, so as not to scare them any further. When monitoring, be as quick as possible.
4Take great care when monitoring or banding young birds around fledging time. If you have to lower the birdhouse or nestbox, do so with great care and very gently. Both noise and vibration can cause older nestlings to jump the nest prematurely. If the nestbox opens from the top, it's a good idea to block the entrance hole or any other holes to muffle the noise (a clean sock, rag or newspaper is ideal). Also, it's best to let the babies calm themselves a bit before opening the box.
- Be careful in case a bird jumps into your face.
5Keep a watch on animals you're responsible for. As well as taking care when monitoring the nestlings in their nestbox, it's important to keep your pets under control. If your pet follows you to a nestbox and shows undue interest, consider keeping her indoors until the fledging has finished (especially if she's a cat).
Approximate fledging times for nestlings
1This is a list of typical fledging times for some common baby birds. It is recommended that you cease monitoring the nestbox or nest prior to these times:
Community Q&A
Ask a Question
200 characters leftSubmit
If this question (or a similar one) is answered twice in this section, please click here to let us know.
- It's a good idea to keep track of the nestlings' age, so you can know when to expect fledgling.
- Avoid contact with baby birds (unless they're sick/hurt and you need to get them to a wildlife rehabber). Birds are instinctively afraid of humans.
- Harassing native birds is illegal in the United States and other jurisdictions. This includes relocating nests.[6] Only handle baby birds if absolutely necessary, such as a health emergency.
Things You'll Need
- Nestbox
- Rags or other items to stuff holes for noise reduction
- Nestcam to avoid having to disturb the baby birds (optional)
Sources and Citations
- http://purplemartin.org/update/63PrematureFledg.html – research source
Article Info
Featured Article
Categories: Featured Articles | Birds
Thanks to all authors for creating a page that has been read 22,690 times.
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For Leg Length Difference Podiatrists Prefer Shoe Lifts
Leg length inequality goes mainly undiscovered on a daily basis, however this condition is easily solved, and can eradicate numerous instances of upper back pain.
Treatment for leg length inequality usually involves Shoe Lifts. These are typically very inexpensive, in most cases costing below twenty dollars, compared to a custom orthotic of $200 or even more. When the amount of leg length inequality begins to exceed half an inch, a whole sole lift is generally the better choice than a heel lift. This prevents the foot from being unnecessarily stressed in an abnormal position.
Lumbar pain is the most widespread ailment afflicting men and women today. Around 80 million men and women experience back pain at some stage in their life. It's a problem that costs businesses huge amounts of money every year because of lost time and production. Innovative and more effective treatment solutions are constantly sought after in the hope of lowering economical influence this condition causes.
People from all corners of the earth suffer from foot ache as a result of leg length discrepancy. In most of these cases Shoe Lifts might be of worthwhile. The lifts are capable of easing any discomfort and pain in the feet. Shoe Lifts are recommended by numerous specialist orthopaedic practitioners".
In order to support the body in a healthy and balanced fashion, your feet have got a very important function to play. Inspite of that, it is often the most overlooked area of the body. Some people have flat-feet which means there may be unequal force placed on the feet. This causes other body parts such as knees, ankles and backs to be impacted too. Shoe Lifts guarantee that correct posture and balance are restored.


text:
English translation of 掠取
Example Sentences Including '掠取'
Translation of 掠取 from the Collins Chinese to English Dictionary
Log in to comment on this word.
Collins Gem Mandarin Phrasebook and Dictionary
The Mandarin Gem will give you the right word at the right time – every time.
Read more
|Latest Word Submissions


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Everyday mishaps and things that go wrong and people who do things that are so annoying they're enough to make a person's blood boil!
14 Pins18 Followers
Going out for a meal with someone who has to order off-menu, "I'd like a steak cooked in olive oil please, not vegetable oil. I'll have that with a side of veggies instead of potatoes, but please don't chop them with the same knife you used to cut bread and I don't want the veggies to be contaminated…"


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July, 2010
Mizoram contributes14 per cent to the country's bamboo production, the climate is ideal for setting up agricultural and forestry produce based industries. It offers immense potential for commercial exploitation of the natural resources for export oriented industries.
At current prices, the Gross State Domestic Product (GSDP) of Mizoram was about US$ 796.2 million in 2008-09. Mizoram's GSDP grew at a CAGR of 10 per cent between 1999-2000 and 2008-09.
At current prices, the Net State Domestic Product (NSDP) of Mizoram was about US$ 692.3 million in 2008-09. Mizoram's NSDP grew at a CAGR of 9.5 per cent between 1999-2000 and 2008-09. At a nine-year CAGR of 7.9 per cent, the secondary sector is the fastest growing among all sectors, driven by manufacturing and electricity.
The tertiary sector, the largest contributor to Mizoram's economy, has grown at a rate of 5.8 per cent per annum during 1999-2000 and 2008-09, driven by trade, hotels, real estate, transport and communications. The primary sector's share in the GSDP shows growth of one per cent per annum during 1999-2000 to 2008-09.State Presentation (April 2010)
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A Few Houston Sports Things to Be Thankful for This Holiday Season
Since it's Thanksgiving, here are a few things in the Houston sporting world for which I'm thankful.
Andre Johnson is without a doubt the greatest player in the history of the Houston Texans. He also has to go on the short list with Earl Campbell and Elvin Bethea as among the greatest players in Houston pro football history. And the way his career has been wasted should be the only reason needed for firing Gary Kubiak, who seems to think the best use of Johnson is as a decoy for the likes of Jacoby Jones and Kevin Walter.
Johnson is nearing 900 career receptions and over 12,200 receiving yards. He should be the first Texan elected to the Pro Football Hall of Fame, but the one strike against his name is the lack of touchdowns -- only 77 for his career, five of which are the result of Case Keenum discovering that Johnson can catch just about anything thrown in his general direction. The way that Johnson's been mistreated by bad coaching, noodle-armed quarterbacks and a piss-poor turf is criminal. But he's finally started standing up to the idiots, and when given the chance this season to show just how great he is, he hasn't disappointed. Now if there was just a team worthy of his talents in this city for him to play for.
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BBVA Compass might be okay for soccer, but it's an awful football facility. There's the whole crappy media access issue, which has those of us in the media tucked away in a small, cramped booth at the end zone, unable to see most of the field and not able to make out yard lines or yard markers -- either they can't be seen because they're blocked by players, or they're not in existence because the crappy turf's been torn apart.
Fans who sit in the lower bowl of the stadium are unable to see most of the action -- I heard from some fans that they requested their seats for last Saturday's Cincinnati game be moved to the upper bowl because they were unable to see the Memphis game from their more expensive lower bowl seats. And then there's the condition of the field, which was unplayable for both games that UH played there this season.
Les Alexander drove the Houston Aeros out of Toyota Center and Houston with his unreasonable rent demands for the use of Toyota Center. Since that time, he's torn out many of the non-NBA locker rooms so that building's virtually only usable for the Rockets and concerts, which is kind of strange since this taxpayer-funded facility was supposed to be used for NBA, WNBA, college basketball, hockey, ice shows and concerts.
Yet Alexander is still unable to get his Rockets on television since he's in partnership with CSN Houston, and CSN Houston, now being guided by Astros owner Jim Crane, is unable to reach carriage deals with Direct TV, Dish Network, U-verse, Suddenlink and on and on and on. And Alexander can no longer play the innocent victim card, not if the lawsuit filed last week by Crane can be believed, because in that suit, it's revealed that Alexander ignored the advice of Comcast in setting the rates in which the network would be sold to distributors, despite being told the rates were too high and that no one would agree to that price. The only thing left is for Crane to bring Alexander into the lawsuit.
It can be depressing when the two major college football teams in the city are bad. That was the case, more or less, last season when Houston's season fell apart and they went 5-7. Rice finished 7-6 after going to a bowl game, but the Owls had to come back from a 1-5 start to the season to make that happen. It gets depressing sitting in the press box watching teams that can't tackle, can't pass and can't kick.
Things are different this season. Rice is 8-3 and still in contention for the C-USA Championship and a semi-decent bowl game. The Owls haven't really defeated any decent schools, and they still have a puzzling tendency to self-destruct in games. But there have been games this season they've looked like a fully functioning, legitimate college football team. The Cougars got off to a 5-0 start, and though they've lost three straight games and are now 7-4 on the season, none of the losses have been by more than a touchdown. The team's young, and it's on the way to a bowl game this season, which is a huge improvement from last year.
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He Will Handle ItWhat burden will you give to Him today?
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The new single City On Our Knees from tobyMac
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President Obama will nominate former Sen. Chuck Hagel, a Nebraska Republican and Vietnam veteran, to be secretary of defense as early as Monday, according to a person close to the process.
In the last day, the White House has informed the Hagel camp that Obama intends to announce the nomination and expects it to come Monday. But the person with knowledge of the process, who spoke on condition of anonymity, said the event could slip until Tuesday because of scheduling questions.
Hagel would add a well-known Republican to the president's second-term cabinet as Obama, after a bitter presidential campaign, is looking to better bridge the partisan divide.
But Hagel's expected nomination has drawn sharp criticism in recent weeks, particularly from Republicans who have questioned his commitment to Israel's security.
The choice sets up a nomination fight Obama appeared unwilling to have over his preferred pick for secretary of state, Susan Rice, who pulled out of consideration for that job last month amid Republican complaints over her role in explaining the attacks in Benghazi, Libya, last year that killed Ambassador J. Christopher Stevens and three other Americans.
In an appearance Sunday on CNN's State of the Union, Sen. Lindsey Graham (R., S.C.) called Hagel's selection "an in-your-face nomination."
But Senate Minority Leader Mitch McConnell (R., Ky.) said Hagel's record would be given a fair shake in the Senate if he was nominated. McConnell stopped short of saying whether he was prepared to support or oppose his former colleague.
"He's certainly been outspoken in foreign policy and defense over the years," McConnell said on ABC's This Week With George Stephanopoulos. "The question we'll be answering if he's the nominee is do his views make sense for that particular job? I think he ought to be given a fair hearing, like any other nominee. And he will be."
The Hagel announcement will begin what White House officials have said will likely be a busy week of announcements regarding who will fill out Obama's second-term cabinet and senior staff.
The president returned from a curtailed holiday in Hawaii on Sunday and will begin making a series of final personnel decisions delayed by the year-end negotiations with Congress over taxes and spending cuts in the next few days.
Hagel, who twice received the Purple Heart for wounds in Vietnam, served in the Senate for two terms, ending in 2009.
He was an outspoken and often independent voice as a member of the Senate Foreign Relations Committee, breaking with many in his party to sharply criticize the management of the Iraq was after he initially supported the invasion. Hagel also has been a strong advocate for veterans.
Much of the recent criticism over Hagel's record has focused on his past opposition to imposing sanctions on Iran, against which he voted three times as a senator. He also supported labeling Iran a state sponsor of terrorism.
His record has raised concern among some of Israel's supporters in the United States, who say they fear Hagel may not be sufficiently committed to Israel's security.
But his defenders point to his record as a senior senator on the Foreign Relations Committee, where he voted for nearly $38 billion in military aid to Israel over his tenure.
Obama, who worked with Hagel on nuclear nonproliferation and other foreign policy matters in the Senate, has vowed to prevent Iran from using its uranium-enrichment program to develop a nuclear weapon.
Obama has tightened international sanctions during his term to pressure Iran to give up the effort, of which Hagel has spoken in support of in recent comments. The Iranian government has said it is pursuing nuclear power, not weapons.
Since leaving office, Hagel has served as cochairman of Obama's intelligence advisory board.
Hagel has advised the president to open talks with Hamas, the armed Palestinian movement that does not recognize Israel's right to exist. He also has complained about the influence that Israel's supporters exert on members of Congress.
"If Hagel is nominated, it is very difficult to imagine a circumstance in which I could support his nomination," Sen. Ted Cruz (R., Texas) said on Fox News Sunday.
But Hagel has many supporters, as well, including former ambassadors, senators, and secretaries of state who value his experience and independence.
Hagel, 66, would take over the Pentagon at a time of budget cuts and a changing mission after two long wars from Leon Panetta, who is retiring to his home in California. If confirmed, he would join Transportation Secretary Ray LaHood as the second Republican in Obama's cabinet.


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Water in Your Condominium Unit? What Every Co-owner and Assn. Should Know
From personal experience, water intrusion in a condominium unit can be one of the most frustrating and unpleasant experiences a Co-owner may ever experience. Often, a Co-owner does not know what to do, who to call, whether insurance will cover the loss and what responsibilities the Co-owner and the Association may have. This article explores some common issues that may arise due to a sump pump failure, a burst water pipe, sewage backup, a water heater rupture, a leaking roof or a dripping wall and some practical recommendations on what to do. Read the article…………….
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The Mrp2 mouse was developed in the laboratory of Alfred Schinkel of the Netherlands Cancer Institute. The model was created through targeting of the Abcc2 gene in 129/Ola-derived E14 ES cells and injecting the targeted cells into C57BL/6 blastocysts. Resultant chimeras were backcrossed to FVB/N for seven generations (N7). Taconic received stock in 2006, and the line was embryo transfer derived. The colony is maintained by mating homozygotes.
Wild type for Nnt mutation; carries Pde6brd1 mutation
Vlaming MLH, Mohrmann K, Wagenaar E, de Waart DR, Oude Elferink RPJ, Lagas JS, van Tellingen O, Vainchtein LD, Rosing H, Beijnen JH, Schellens JHM, Schinkel AH. (2006) Carcinogen and anticancer drug transport by Mrp2 in vivo: studies using Mrp2 (Abcc2) knockout mice. J Pharmacol Exp Ther 318(1):319-327
Additional Publication:
van Waterschoot RAB, ter Heine R, Waagenar E, van der Kruijssen CMM, Rooswinkel RW, Huitema ADR, Beijnen JH, Schinkel AH (2010). Effects of cytochrome P450 3A (CYP3A) and the drug transporters P-glycoprotein (MDR1/ABCB1) and MRP2 (ABCC2) on the pharmacokinetics of lopinavir. Br J Pharmacol 160(5):1224-1233.


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How many miles? 31 Miles / 50 Km
How many times? 42 mins
Distance from Cleveland, OH to Chardon, OH is 31Miles or 50 Km. You can get this distance about 42 mins. If you want to planning travel with plane for 26 Miles or 42 Km, You can get this distance about 33 mins .
A car with an average MPG will needs 1.44 gallons of gas to get the route between these points.
The estimated cost of gas to get between Cleveland, OH and Chardon, OH is $3.27.
During the route, an average car will release 28.21 pounds of CO2 to the atmosphere. Your carbon footprint is 0.91 pounds of CO2 per mile.
* Average US MPG used for calculations is 21.6 MPG.
* Average US gas price used for calculation is 2.27 per gallon.
* Coordinates of Cleveland, OH is 41.4992728, -81.6945304 and coordinates of Chardon, OH is 41.57867, -81.2133263
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