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- Home
- itsmr: Time series analysis package for students
- deaths: USA accidental deaths, 1973 to 1978
USA accidental deaths, 1973 to 1978
USA accidental deaths, 1973 to 1978
Want to suggest features or report bugs for rdrr.io? Use the GitHub issue tracker.
- aacvf: Autocovariance of ARMA model
- acvf: Autocovariance of data
- airpass: Number of international airline passengers, 1949 to 1960
- arar: Forecast using ARAR algorithm
- ar.inf: Compute AR infinity coefficients
- arma: Estimate ARMA model coefficients using maximum likelihood
- autofit: Find the best model from a range of possible ARMA models
- burg: Estimate AR coefficients using the Burg method
- check: Check for causality and invertibility
- deaths: USA accidental deaths, 1973 to 1978
- dowj: Dow Jones utilities index, August 28 to December 18, 1972
- forecast: Forecast future values
- hannan: Estimate ARMA coefficients using the Hannan-Rissanen...
- hr: Estimate harmonic components
- ia: Estimate MA coefficients using the innovations algorithm
- itsmr-package: Time series analysis package for students
- lake: Level of Lake Huron, 1875 to 1972
- ma.inf: Compute MA infinity coefficients
- periodogram: Plot a periodogram
- plota: Plot data and/or model ACF and PACF
- plotc: Plot one or two time series
- plots: Plot spectrum of data or ARMA model
- Resid: Compute residuals
- season: Estimate seasonal component
- selftest: Run a self test
- sim: Generate synthetic observations
- smooth.exp: Apply an exponential filter
- smooth.fft: Apply a low pass filter
- smooth.ma: Apply a moving average filter
- smooth.rank: Apply a spectral filter
- specify: Specify an ARMA model
- strikes: USA union strikes, 1951-1980
- Sunspots: Number of sunspots, 1770 to 1869
- test: Test residuals for stationarity and randomness
- trend: Estimate trend component
- wine: Australian red wine sales, January 1980 to October 1991
- yw: Estimate AR coefficients using the Yule-Walker method


text:
Dilbert: Safety Over Productivity?
Yesterday's Dilbert cartoon included an exchange between Wally and the Pointy Haired Boss.
Safety is more important than productivity, right?
Um… sort of.
It's OK to laugh about this in the context of Dilbert-land, especially in Wally's attempts to avoid work (I have a stand up desk at home and I think I get more done as a result… and it's healthier, they say).
But, are our leaders and our organizations, in the real world, sending a message that productivity is more important than employee safety or patient safety? Do you see examples of this, as an explicit message or something that's just implied by what leaders talk about, what is focused on, etc.?
Thanks for reading! I'd love to hear your thoughts. Please scroll down to post a comment. Click here to receive posts via email.
Now Available – The updated, expanded, and revised 3rd Edition of Mark Graban's Shingo Research Award-Winning Book Lean Hospitals: Improving Quality, Patient Safety, and Employee Engagement. You can buy the book today, including signed copies from the author.

subset: commoncrawl


text:
45 Dimmock Street Heatley QLD 4814
Email Agent
Highest Family Home - Pet Friendly and Priced to rent45 Dimmock Street, Heatley
• Air conditioning to main bedroom
• Open plan living and dining space
• Large functional kitchen with heaps of space and gas cooker
• All bedrooms has built in robes
• Undercover lockable space for store vehicle and other items
• Fully fenced yard – PET FRIENDLY
• Close to shops, transports and schools
Inspection Times
- No inspections scheduled
- Contact Agent
Email this agent
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Real Estate For Rent in Heatley, QLD 4814 priced between $180 and $330


text:
James' story will be featured in Waxploitation's upcoming book project Stories for Ways and Means.
Album Reviews
My Morning Jacket's Jim James' warped children's story gets narrated by Phil LaMarr — watch
Bon Iver, Tom Waits, Jim James, Nick Cave, Zach Galifianakis, more collaborate on charity book project
Alison Mosshart, Laura Marling, Kahtleen Hanna, and others write stories to benefit children's literacy.
Jim James looks for understanding in "Here in Spirit" video — watch
Snapshots of what the "world could look like if we chose love and understanding over fear and hatred."
Jim James confirms new Monsters of Folk album and film in the works
The supergroup's first and only LP hit shelves more than seven years ago.
My Morning Jacket perform on new episode of Austin City Limits — watch
A top-notch set from Jim James and the rest of his Kentucky cohorts.
Jim James performs with The Roots on The Tonight Show — watch
My Morning Jacket frontman delivers "Here in Spirit" and "Same Old Lie" from his new solo LP.
Album Review: Jim James – Eternally Even
My Morning Jacket frontman's second solo album eschews individually crafted ideas and indulges the jams.
Stream: My Morning Jacket frontman Jim James' new solo LP, Eternally Even
A soulful, spacey effort that seeks to address the numerous problems of our day.
Saba, Lauryn Hill, and Jim James Highlight Our Top Songs of the Week (10/21)
Here are 10 tracks too damn good to snub.
Jim James is "Here in Spirit" on soulful new song — listen
An ode to those equality from the My Morning Jacket's forthcoming solo album.
Album Review: Various Artists – The Music of David Lynch
Sky Ferreira, Karen O, Duran Duran, and more pay tribute to the legendary director.
Jim James shares bleary video for new song "Same Old Lie" — watch
As part of the anti-Trump 30 Days, 30 Songs campaign.


text:
Raid on Lost Castle
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Raid on Lost Castle has been marked for cleanup.
Raid on Lost Castle is the first mission of the Soviet campaign in Command & Conquer: Red Alert 3: Uprising. Allied forces have kidnapped three scientists to create a mortal experiment in Transylvania and Soviet intelligence had sent a decorated veteran of the last war to rescue them.
After the Soviet Union's defeat during the war and the USSR was under control of the Allies and their occupational forces. There seemed to be no resistance from the Soviets. However, right under their noses, the Soviet Underground was gathering under the leadership of their new leader Dasha in order to expel the Allies from their beloved motherland. What they did not know is that they were dealing with something that was more dangerous than the Allied occupational forces...
| You will be granted a small force. It is all we can spare. Find out as much as you can, comrade. Udachi!
- Dasha, prior to the mission
The Soviet Commander was met by Dasha, who's very pleased that the Commander had joined the Soviet Underground. With his help, she believed they shall drive out the Allied oppressors that were ruling their country. However, the Underground had a serious problem: several of their scientists which had helped to develop their weapons were kidnapped by the Allies and were currently held in a facility, somewhere in Romania. The Commander was tasked by Dasha to retrieve their scientists, but she warned him that he only will be granted a small force which is as much as she can spare right now.
Force Composition
With the Underground all under way, the Soviet force assembled to rescue the scientists was actually a small group of Conscripts, while other Soviet recon groups which observed the Allied facility were composed in a group of Flak troopers, Tesla troopers and four of the new and dreaded Desolators.
The Soviets were severely outnumbered by the Allied forces, which composed of companies of peacekeepers, Javelin soldiers, several Attack Dogs, battalions of Guardian tanks, Athena Cannons, Multigunner IFVs and some prototypes of the Pacifier FAV.
The Battle
| This base isn't run by the Allies, it is run by the FutureTech Corporation. What could FutureTech want here?
- Dasha, noticing the center facility that is actually FutureTech.
The Conscripts arrived at Romania in a steamboat and were ordered to gather the recon teams, after which they were to bring the scientists back to the ship and return to Russia.
The Conscripts first engaged and slaughtered two Allied Engineers mercilessly, taking their anger at losing the war out on them. The squad quickly pushed through the docks, engaging Allied patrols consisting of attack dogs and peacekeepers. Fortunately, the patrols were unprepared for an attack and fell quickly, though not without some wounds to some unlucky Conscripts, who were forced to the back of the group, as the squad could not afford to lose a single man.
The Conscripts rushed over to the dock exit, while Allied forces were beginning to be warned of the attack. As a Javelin soldier attempted to distract the group with rocket fire, more quickly barricaded themselves in the buildings nearby. Fortunately, the Conscripts were armed with their burning Molotov Cocktails and burned the Javelin soldiers out quickly.
The Allies meanwhile had taken aware of the attack and sent a large force of peacekeepers to eliminate the rebels. Fortunately, the Soviet squad quickly divided itself and rushed into the buildings nearby. As the counterattack got close, the Conscripts began opening fire. Peacekeeper after peacekeeper fell as the Conscripts killed them effortlessly behind the windows of the building. The shotguns of the peacekeepers were very ineffective against the houses and eventually, the Allied counterattack was stopped.
The Conscripts immediately filed out of the buildings and stopped beside some medical supplies in a crate left behind by the Allies, taking a breather while their wounded comrades replenished their health.
The Conscripts made their way over a bridge nearby spanning over a ravine, where a fireteam of Javelin soldiers were stationed below. As the Conscripts passed over, the Javelin soldiers quickly moved to intercept them. The Soviets piled inside a nearby building again and eliminated a two man team from one side. From the other side, the other two Javelin soldiers themselves fortified a building. The squad quickly switched to their Molotovs again and threw them inside, burning the soldiers out.
After fighting some Allied infantry, they encountered one of the recon teams. They then had proceeded to the other recon groups, while fighting Allied tanks and infantry which were paradropped by Century Bombers. Finally, the group managed to encounter the third recon team and then have to pass through a lot of Guardian Tanks in order to get to the last recon group - the Desolators. At this time, Dasha remarks that their toxins are useful against infantry.
With all recon teams gathered, they proceeded to rescue the scientists. When they rescued each scientist, one of their rescuers told them the Allies had slaved them to develop a new kind of heavy artillery for them. When the group arrived at the center of the facility, there was a shocking revelation: this base is run by FutureTech Corporation!
But what exactly did they want with the kidnapped scientists for? Just as they were about to leave, FutureTech immediately countered the Soviets with Pacifier FAVs, which appeared out of nowhere and deployed their Grand Cannons to open fire. These apparently were the tanks the scientists had been forced to create. The Soviets and their scientists quickly ran for their lives. Fortunately, some of them escaped the Pacifiers and managed to arrive at the boat just when more FutureTech reinforcements arrived.
The scientists were rescued, but the Underground was shocked by the revelation that FutureTech was behind this. The Underground decides to investigate what FutureTech is up to.
- This mission must be completed to unlock the Allied and the Imperial campaigns.
- The number of Conscripts given at the start will vary the selected difficulty. (Easy: 15, Medium: 12, Hard: 10)
- When the player has 3 or less Conscripts or Flak Troopers or 2 or less Tesla Troopers, reinforcements of new troops will be sent to the location where most of the player's units are. Note that Desolator Troopers cannot be replenished.
- The rescued scientist is riding on a personal hover transport which help them in mobile but not armored or powerful enough to get them out of danger.
- Escaping the Pacifier FAVs can be completed with little to no casualties using the following strategy: Since the interval between target marking and impact of the barrage from the FAV is long enough for a conscript or flak trooper to dodge, a single conscript/flak trooper can be first sent to the FAV until he is within its minimum firing range. Order him to attack. Immediately withdraw him when the FAV switches to the sentry conformation (when its health bar turns yellow). Then send a Desolator on the Splattershot Mode to finish it off. Repeating this strategy to steadily clear a path for the rest of the group to escape.


text:
Pre-order now. Dispatches in 15-20 days*. Conditions Apply*
This product dispatches in 8-10 business days*. Conditions Apply*
Order today with Bajaao Express , and your product will dispatch in 24 hours
Special Import. Usually dispatches in 15-18 Days. Conditions Apply*
Special import. Dispatches in 5-8 days from International Warehouse. Conditions Apply*
This item is out of stock
LP has taken the technology of its wildly successful and award-winning Qube Shaker and created a jingle version that sounds like nothing else you've ever played. Inside the durable and easy-to-hold Jingle Qube is a combination of flat and dimpled brass jingles. This mix delivers a stunning combination of both crisp, articulate highs balanced with full-bodied, resonating mid-tones.
Like the Qube Shaker, the Jingle Qube can be played a variety of ways to produce a myriad of distinctive and captivating sounds. Front-to-back, side-to-side and circular patterns all produce distinctive sounds that add a unique, tambouric flair to any performance.
Collections: Blowout Sale! Upto 50% off on products, Drums & Percussion, Latin Percussion, Mega Discount, Musical Instruments, ₹1,000 to ₹5,000
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© 2016 BAJAAO.COM. BAJAO | BAJAAO Music Private Limited


text:
I love you guys so much(: I cant wait for the new stuff to come out soon. im excited. Keep up the good work guys. Im proud to support you all
Kit Kat...Meow:)
Hope ur well and we thank u so much for all u do !!!
We love u!
"and they came...INDROVES"
I Love This Site! I'm A Newbie So..... ;-)


text:
W Magazine
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Lola Rykiel's Ultimate Detox
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Elisa Sednaoui Hits the Venice Film Festival
This year,
Elisa Sednaoui
was named the official "godmother" of the opening and closing ceremonies at the
2015 International Venice Film Festival
—a role that is much more work intensive than you might think. Here, the model, who has dabbled with acting and directing herself, (and now focuses on her own charitable foundation), shares her photo diary from the red carpet to backstage.
September 15, 2015 05:58 PM
| by
Emilia Petrarca
Photo courtesy of Elisa Sednaoui.
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text:
What am I doing RIGHT NOW?
Want a selfie? I will email you a picture and a small caption of what I'm doing at that exact moment in my life. No requests to do anything crazy. I'm a good guy.
Training & Qualifications
I am me. I have a phone. My phone has a camera. My camera takes pictures. Pictures are of me and what I do. Who am I? I am me...
Availability & Preferences
If I'm awake, I'll send it!
Reviews of Mac
Atrina received Unit of Ridiculous Advice from Mac
Jessica received Unit of Ridiculous Advice from Mac
Mike received Package of Video Creation from Mac
Allison received Help with Pacific Northwest vacation plans from Mac
Jerico received Session of Photography from Mac
Austin received Help with Short Simbi Survey from Mac
Mike received Session of Photography from Mac
Kevin received Unit of What am I doing RIGHT NOW? from Mac
Jay received Unit of Ridiculous Advice from Mac
Jimmy received Unit of What am I doing RIGHT NOW? from Mac
Charlie Grimmett wrote a recommendation for Mac Oxford
Mac is always awesome to work with. I would recommend him to anyone interested in his services or considering him as a prospective client.
Michael York wrote a recommendation for Mac Oxford
Mac is a get it done kind of guy. He's sensitive to client needs and likes to make people happy. I definitely recommend him!
About Mac Oxford
The name is Mac. Actually it's Mackenzie, but I go by Mac. My motto is: Faith, Family, Filmmaking. I love video production. I will take pictures of you and your family. I will send you ridiculous advi...ce, and if you want to know what I'm up to right now (like literally right now as you read this) I offer that service too. show moreOpen to other proposals
Mac Oxford is looking for:
- Just for Fun
- Cheap & Easy
- Gaming
- Fun & Quirky
- Children's Activities
- Pet Training
- Hair styling
- Language Lessons
- Housekeeping
- Tours & Excursions
- Travel
- Massage
- Personal Training
- Entertainment & Performance
- Music & Audio


text:
MPN: ECC01371High End ALL-IN-ONE Gaming PC from the big name in high end PC Gaming with the Cyberpower Arcus 6700.
This 34" AIO Gaming PC has never been imagined before until this Intel designed chassis was crafted to hide a full powered gaming PC with desktop components. The Curved Screen 34" display would not be out of place in any bedroom or living room and has a suburb 4K resolution display for playing games or watching movies.
The Cyberpower Arcus 6700 is configured to have you gaming straight out of the box. The Intel® Core™ i7-6700 CPU (3.4GHZ) Intel's latest Skylake processor is manufactured on 14nm process with an ultra-low up to 95W TDP. It has much improved efficiency and performance from the previous generation of Intel® Core™ i7 processors.
You can enjoy your gaming with a dedicated Nvidia GTX 970 4GB VGA card. The GeForce GTX 970 is a high-performance graphics card designed for serious gaming. Powered by NVIDIA Maxwell architecture, it features advanced technologies and class-leading graphics for incredible gaming experiences. This innovative GPU doubles the performance of previous-generation cards and provides realistic lighting and support for smooth, tear-free NVIDIA G-SYNC technology.
The Cyberpower Arcus 6700 comes with Windows 10 Home Edition pre-installed and comes with a 1 year return to base warranty. With years of experience building high end gaming PC's quality is assured with Cyberpower. As always with Cyberpower you get all the latest technology included and the best performance for your budget.
Full Specification:
Windows 10 Home Edition 64-bit
Intel® Core™ i7-6700 CPU (3.4GHZ)
16GB Kingston DDR4 RAM 240GB SSD + 2TB hard drive
NVIDIA® GeForce® GTX™ 970 4GB dedicated graphics
No ODD Gigabit LAN 802.11n
Wi-Fi 5.1
Channel Audio 3 x USB 3.0, 5x USB 2.0, 1x RJ45 LAN Jack, 3x Audio Jacks, 1x HDMI, 1 x DVI, 1x Display Port.
- headerText
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- 13
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- SDG_renderer1
- order
- 1
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- nowPriceText
- wasPriceText
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- warranty
- minimumWeeklyPriceText
- atgProductId
- sdgProductId
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- numRecs
- 13
- renderer
- SDG_renderer2
- order
- 2
- dataItems
- brand
- link
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- warranty
- minimumWeeklyPriceText
- atgProductId
- sdgProductId
Waste Electrical and Electronic Equipment (WEEE) and waste batteries must never be placed in your waste disposal or recycling bins. WEEE is taken back free of charge at electrical retail outlets on a one-for-one like-for-like basis. There is a bin for small batteries in your local store. Local authority civic amenity facilities also take back WEEE and waste batteries free of charge. WEEE and waste battery recycling is free. For more detail please see our Policy Pages at www.littlewoodsireland.ie/help/en/weee-directive.page.


text:
Adobe Premiere Elements 10 (PRE 10) Direct Download Links. Premiere Elements now comes in both 32-bit and 64-bit versions…
Adobe Photoshop Elements. Adobe Photoshop Elements 14. Start your 30-day free trial now. Please answer a few questions to help us improve the trial experience.
Does Adobe have trial versions of Adobe Photoshop Elements 10 and Adobe Premiere Elements 10?
Adobe Premiere Elements. Make and share great home movies with easy video editing options.
Now in its 10th year, Adobe Photoshop Elements 10, which also comes as a bundle with its video-oriented sibling, Adobe Premiere Elements 10
With Adobe Premiere Elements software, you can organize your video clips and create, share, and help protect your home movies.
premiere elements download free trial, adobe premiere elements 11 download free full version.
Free adobe elements 11 elements 10 free trial photoshop elements 6 trial.
Templates adobe premiere elements 10 trial restrictions photoshop elements 10 testversion mac adobe premiere elements 8. maxstream x ctu software.
Direct Download Links for Adobe Photoshop/Premiere Elements 13 Elements 13 and Premiere Elements 13, for both Windows and Mac OS.


text:
Where do the batteries go in the Singer Handy Stitch 300K?
By Krystle from Reno, NV
Contact - 1-800-4-SINGER
Monday through Friday, 8:00 a.m. to 4:00 p.m. C.T.
Singer Sewing Company
1224 Heil Quaker Blvd.
P.O. Box 7017
LaVergne, TN 37086
Customer Service: 1-800-4-SINGER Customer Service Fax: (615) 213-0994
Add your voice! Click below to comment. ThriftyFun is powered by your wisdom!


text:
oa South African Health Review - Language barriers in health : lessons from the experiences of trained interpreters working in public sector hospitals in the Western Cape
|Article Title
|Language barriers in health : lessons from the experiences of trained interpreters working in public sector hospitals in the Western Cape
|© Publisher:
|Health Systems Trust (HST)
|South African Health Review
|1 University of Cape Town, 2 University of Stellenbosch, 3 University of Stellenbosch and 4 Department of Health, Western Cape Government
|Publication Date
|Jan 2016
|73 - 81
|Persistent Link
There has been a longstanding call to employ trained interpreters to address language barriers in health care in South Africa. The international literature shows that while trained interpreters can be effective, the existing sophisticated models of upper-income countries are expensive and contextually inappropriate for low-resource settings like South Africa. In community interpreter models, members of the community are given brief training in interpreting; these models have a number of potential advantages for our context, but have not been sufficiently reviewed in the literature.
In this chapter, we describe the findings of a pilot project in which community interpreters were introduced to hospitals in the Western Cape to address the language barrier experienced by isiXhosa-speaking healthcare users. Using participatory action research methods, we discuss emerging themes identified by the interpreters, from mentor sessions conducted with them over a three-year period. The emerging themes suggest that they experience their work as challenging on practical and emotional levels, and that there is uncertainty about where they belong and fit into the health system.
The experiences of the interpreters raise crucial questions about current language issues in our hospitals, while offering important insights into the potential to develop a multilingual health service for South Africa's culturally and linguistically diverse population. We make recommendations for the promotion of language access in health services, the professionalisation of health interpreters, and suggest areas for further research.
© Publisher
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text:
This N/A home is located at 105 E Main St in Woodbury. 1561452 was built in 1943 and has bedrooms105 E Main St, Woodbury - MLS 1561452 Close
Multi-family property for sale in Woodbury, TN at 105 E Main St. This multi-family property is priced at $59,900.
Sale includes all heaters, window ac units, stoves, and refrigerators.$1,000 of gross inc. per mo., net inc of approx $915. per month. 3 Tenants would like to remain. Pay well, no pets. Owner pays water bill of approx. $85. per month.
Listing information last updated on December 10th, 2016 at 3:24am CST.
Have any comments or questions about 105 E Main St, Woodbury, TN? Ask your question and/or share your thoughts about this property.


text:
Carboxymethyl cellulose (CMC)
Carboxymethyl cellulose (CMC)
Products name : cmc
Carboxymethyl cellulose (CMC)
CMC Low Vis techgrade additive is used in highviscosity, highsolids or heavily weighted fluids and produces only slight increases in viscosity.Fresh & salt water drilling fluid performance is evaluated acc to OCMA DFCP-2.
CMC High Vis and Extra Hi Vis techgrade additives are used in lowviscosity or lowsolids fluids and increase viscosity in addition to controlling fluid loss. Design for use in fresh & slat water mud. Performance evaluated acc. To OCMA method DFCP-7.
Packing: In 25Kg, Multiply export paper sacks, 25kg x 40sacks per pallet, wrapped & strapped, seaworthy packaging
Application :
CMC can be widely used liquid drinks, lactic acid drinks, dairy products, flouring products, seasoning, etc. With the function of thicking, emulsifying, stabilizing, water maintaining, mouthfeel improving, toughness reinforce, and so on.
-Oil drilling grade CMC used in fracturing fluid, drilling fluid and well cementing fluid as fluid loss controller and tackifier. It can protect the shaft wall and prevent mud loss thus enhance recovery efficiency.
-Detergent grade CMC, when used in liquid, paste detergent, acts as stabilizing agent and thickening agent; when used in detergent powder, CMC can effectively prevent washes from becoming contaminated after being washed by synthetic detergent.
-CMC used in textile and dyeing industry as sizing agent and dying adjuvant to make stock limpidity and transparence. It is easy a good stabilizer of the stock and helps to form film. It is easy to desizing.
-CMC in Food Industry:CMC is widely used in frozen desserts, protein food, beverages, icings, dressings, instant noodles, etc.
-CMC in Ceramic Industry
-CMC for ceramics features uniform distribution of substituents (carboxy methyl group) on the cellulose backbone. It produces fewer gel granules in glaze formulation.
-It contains no colored impurity and is 100% combustible under firing
condition, to ensure clean ceramic glaze.
- It can stabilize physical and chemical property of glaze formulation.
-It can improve glaze adhesion and reduce glaze cracking.
-It facilitates formation of a smooth dense glaze layer.
- It can improve the rheological property of glaze formulation.
-The glaze viscosity is proportional to the concentration of CMC added
Other supplier products
|Sodium polyacrylate
|Acetic Acid Deoxy Corticosterone
|Rock rose extract
Same products
|卖方: GetChem
|卖方: GetChem
|卖方: GetChem
|卖方: Shanghai Modacrylic Flame Retardant Textiles Co.,Ltd
|卖方: Shanghai Modacrylic Flame Retardant Textiles Co.,Ltd


text:
Run by Ron Brierley and Gary Weiss, investment group Guinness Peat Group (GPG) was once a feared corporate raider. Now, instead of taking over undervalued assets, it's undergoing an 'orderly value realisation'.
GPG: Profiting from a breakup
GPG's key asset is being valued at almost nothing but it's almost certainly worth a fair bit more than that. Gareth Brown explains the case for buying in.
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text:
Viki LCD mockup
by Wired1, published
Thing Apps Enabled
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I made one of these today to use as a mockup for planning where I am going to mount it on my current printer and figured it might be useful for anyone else planning on using one of these with their Azteeg X3 controller.
Full details here: http://www.panucatt.com/product_p/vikilcd.htm
Print it out.
That's all folks.
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This App connects Thingiverse with Makeprintable, a cloud-based mesh repair service that analyzes, validates and repairs most common mesh errors that can occur when preparing a 3D design file for p...App Info Launch App
Kiri:Moto is an integrated cloud-based slicer and tool-path generator for 3D Printing, CAM / CNC and Laser cutting. *** 3D printing mode provides model slicing and GCode output using built-in...App Info Launch App
With 3D Slash, you can edit 3d models like a stonecutter. A unique interface: as fun as a building game! The perfect tool for non-designers and children to create in 3D.App Info Launch App
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text:
St. Germain - Tourist (2000/2012) [HDtracks]
- 31-10-2016, 05:53
- Jazz | French | House | HD & Vinyl
Artist: St. Germain
Title: Tourist (Remastered)
Year Of Release: 2012 (2000)
Label: Blue Note, Parlophone France
Genre: Acid Jazz, Downtempo, Jazz-House
Quality: FLAC (tracks) [24Bit/96kHz]
Total Time: 60:26
Total Size: 1,37 GB
WebSite: Album Preview
Title: Tourist (Remastered)
Year Of Release: 2012 (2000)
Label: Blue Note, Parlophone France
Genre: Acid Jazz, Downtempo, Jazz-House
Quality: FLAC (tracks) [24Bit/96kHz]
Total Time: 60:26
Total Size: 1,37 GB
WebSite: Album Preview
Since the advent of acid jazz in the mid-'80s, the many electronic-jazz hybrids to come down the pipe have steadily grown more mature, closer to a balanced fusion that borrows the spontaneity and emphasis on group interaction of classic jazz while still emphasizing the groove and elastic sound of electronic music. For his second album, French producer Ludovic Navarre expanded the possibilities of his template for jazzy house by recruiting a sextet of musicians to solo over his earthy productions. The opener "Rose Rouge" is an immediate highlight, as an understated Marlena Shaw vocal sample ("I want you to get together/put your hands together one time"), trance-state piano lines, and a ride-on-the-rhythm drum program frames solos by trumpeter Pascal Ohse and baritone Claudio de Qeiroz. For "Montego Bay Spleen," Navarre pairs an angular guitar solo by Ernest Ranglin with a deep-groove dub track, complete with phased effects and echoey percussion. "Land Of..." moves from a Hammond- and horn-led soul-jazz stomp into Caribbean territory, marked by more hints of dub and the expressive Latin percussion of Carneiro. Occasionally, Navarre's programming (sampled or otherwise) grows a bit repetitious -- even for dance fans, to say nothing of the jazzbo crowd attracted by the album's Blue Note tag. Though it is just another step on the way to a perfect blend of jazz and electronic, Tourist is an excellent one.
01 - Rose Rouge
02 - Montego Bay Spleen
03 - So Flute
04 - Land of...
05 - Latin Note
06 - Sure Thing
07 - Pont des Arts
08 - La goutte d'or
09 - What You Think About...
Ludovic Navarre - Writer, producer, conductor, sound engineer
Pascal Ohsé - Trumpet
Edouard Labor - Saxophones, Flute
Alexandre Destrez - Keyboards
Idrissa Diop - Talking drum
Edmundo Carneiro - Percussion
Claudio De Qeiroz - Baritone saxophone
Ernest Ranglin - guitar for 'Montego Bay Spleen'
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Deputies raid pot dispensary in Fairfield
There are 29 comments on the Vallejo Times-Herald story from Sep 17, 2010, titled Deputies raid pot dispensary in Fairfield. In it, Vallejo Times-Herald reports that:An area marijuana dispensary's high hopes took a big hit Thursday afternoon after a raid by the Solano County Sheriff's Office.
Join the discussion below, or Read more at Vallejo Times-Herald.
#1 Sep 17, 2010
Register. Vote. Share the links. Change the world.
As a Christian who takes seriously Jesus command to do unto others what I would have them do unto me, I know that if my child were using marijuana, I would want to work with him or her as a parent rather than seeing him or her with a criminal record, in jail with the sexual predators, lose their college financial aid, and all of the very real harm that would be caused, not by the marijuana, but by the law. I would hate for that to happen to any child, teenager, or college student, but it does, every day. Every single day. It is the law.
Likewise, if my aging parents were to try a little marijuana to ease the aches and pains of growing older, I would not want to see the police confiscate their home and sell it under the property forfeiture laws. I would hate for that to happen to any aging parent, but it does. It is the law.
All the arguments for keeping marijuana illegal boil down to âit is better to put people in jail than to let ordinary Americans grow a little marijuana in their own back yards.â
The key to putting an end to this mess: Register to vote. Just google your state name and the phrase âvoter registrationâ. You have to register well in advance of election day; it only takes five minutes (even if you have to download a form and take it downtown, it is well worth the effort). All of these links use the usual h t t p :// w w w prefix:
sos.ca.gov/elections/elections_vr.htm or to vote by mail
South Dakota:
Voter info:
Register: azsos.gov/election/voterregistration.htm
Michigan: michigan.gov/documents/MIVoterRegistration_97...
Oregon: oregonvotes.org/votreg/vreg.htm
Others: Google your state name and âvoter registration.â
College students: You can usually register as a citizen of either your hometown or your college residence town. Share the voter registration info through your student newspaper, twitter, etc.
Everybody: Most states allow early voting and/or vote-by-mail, so once you get registered, go ahead and request a ballot (at the voter info site for your state). Save a trip to the polls and get it done the easy way.
5 minutes. Change the world. Share the links.
#2 Sep 17, 2010
So they devote a whole task force to stop 3 people who probably didn't hurt anyone? Awesome use of resources. Meanwhile, robbery and other violent crime prevail. Way to get your priorities right FPD.
#3 Sep 17, 2010
On what grounds did they raid? It's not clear why they threw so many resources into a dispensary raid.
#4 Sep 17, 2010
What a waste of taxpayer's money, not to mention a violation of California state law. If these police have nothing better to do, perhaps they are overstaffed?
#5 Sep 17, 2010
1990's 33 murders in Vallejo over Marijuana sales. 2007-2010 numerous medical marijuana dispensaries and grower suffered armed robberies and home invasions through out our region. The argument that marijuana doesn't effect crime is ridiculous. It is harmless until the kill one of you family members while robbing one of these facilities. Get rid of this crap from society.
#6 Sep 17, 2010
Pete "Get rid of this crap from society"
OK. If you want that, I think it's fair to say that criminalization has not succeeded. A sensible person tries a solution but also admits when a solution has not worked. And criminalizing marijuana use has not worked anymore than criminalizing alcohol got rid of alcohol use.
Educate, preach, tell people you think they should not use it. But admit that criminalizing it has not stopped its use -- not in 80 years -- but it has jailed uncountable people who are otherwise law-abiding, wasted law enforcements' time, and cost taxpayers ridiculous amounts of money thrown down the drain.
#7 Sep 17, 2010
Thank you!
-Report: Illegal drug use up sharply last year
By SAM HANANEL, Associated Press Writer
Thursday, September 16, 2010
#8 Sep 17, 2010
Nancy, according to that article:
"...fueled by a sharp increase in marijuana use and a surge in ecstasy and methamphetamine abuse, the government reported Wednesday."
Obviously, this raid has absolutely nothing to do with ecstasy or methamphetamine. Will have no effect, at all, of stopping those problems.
As for a rise in marijuana use? It just illustrates that attempts to criminalize use do not work. Never have. Not for all the decades it's been tried. It just creates more expense for the taxpayer, while gaining nothing.
Time to try something else. Only a fool keeps running into a brick wall over and over, then wonders why his head hurts.
#9 Sep 17, 2010
throw them in jail for along time
#10 Sep 17, 2010
Absolute blatant disregard for the rights of the people. A common occurrence when it comes to Solano County California
#11 Sep 17, 2010
how can a plant be illegal? in its natural form? Marijuana isnt cocaine, you can't overdose on marijuana. Amanita Muscaria (super mario) mushrooms are completely legal to posess, and if you eat one you will die. Alcohol is completely legal, if you drink to much, you get stomach poisoning and die. Nicotine is as addictive as heroin, and causes cancer, and is completely legal. WTH is wrong with that picture? Everything. Do you see what our government is trying to do?
#12 Sep 17, 2010
Let's see..we have people robbed at gun point, perverts running around, innocent people getting shot and killed. people's houses being burglarized. and were spending a huge mantime hours and probably overtime for weed..this is solano county people. sometimes I wonder where do they get these people to work for law enforcement to make these stupid decisions, next time they want to lay off cops I will be for it, because it looks like we do better without some of them.....I think they should look at thier priorities a little more...what a waste of tax payers money...
#13 Sep 17, 2010
I am saddedned and angry that the facts of this case have already been wrong i love that club! goodluck f.f!
#14 Sep 20, 2010
Hey Jim, get your facts straight! Why 'throw them in jail for a long time'? It's the mindset that most have, including you Jim, is why folks are in a hurry to say 'put em away'. What do you know about medical cannabis? Better to educate yourself, than to close your mind. There are drinkers, tweekers, junkies, and pill poppers...In my experiences, marijuana smokers are not even in this class. Alcohol is a far more damaging drug than most. Just because it(alcohol) is "socially acceptable" does not make it any 'better'. There are far more drunk drivers, that are responsible for taking lives than that of marijuana users. Further, what a 'waste' of taxpayers money to arrest 3 people for some BS charges. Police should be going after crimes such as burglary, arson, murder and rapes. I could go Jim, just keep an open mind.
#15 Sep 20, 2010
I'll bet you are a drinker. What about the lives alcohol takes in many forms. Get educated.
#16 Sep 21, 2010
It's natural form? Buds and purple cush and all that stuff is not natural form, you have to clone and harvest weed to be smokable and then process it.. Are you truly that stupid, smoke another bowl brah....
#17 Sep 21, 2010
This post isn't about alcohol.. Oh how about cancer, oooh wait, how about war, lets reference what the subject is about stupid, why try to deter it to another topic, why? because your ignorant..
#18 Sep 21, 2010
It ins't the users most people have issues with! It is the non tax paying growers of Northern Cali making bookoo bucks, having large gardens, armed, and people being killed over the growth, production and sales of the drug. See if you paid attention to the debate you would see that this isn't about medical MJ or it's effects on certain patients. I often wonder how you people survive daily being so ignorant and such...
Since: Sep 10
#19 Sep 21, 2010
Alcohol is a valid comparison. Society accepts one but not the other, when it is totally illogical to do so. Alcohol underwent Prohibition and it was a miserable failure; marijuana is under Prohibition and it is a miserable failure.
United States
#20 Sep 21, 2010
Tobacco meets all of your simple requirements, why are you mad at it?
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FASCICOLI E ARTICOLI I PIÙ LETTI eTOC
A Journal on Nuclear Medicine and Molecular Imaging
Affiliated to the Society of Radiopharmaceutical Sciences and to the International Research Group of Immunoscintigraphy
Indexed/Abstracted in: Current Contents/Clinical Medicine, EMBASE, PubMed/MEDLINE, Science Citation Index (SciSearch), Scopus
Impact Factor 2,413
Periodicità: Trimestrale
Online ISSN 1827-1936
Lambert B. 1, Bacher K. 2, Defreyne L. 3
1 Department of Nuclear Medicine Ghent University Hospital, Ghent, Belgium
2 Department of Medical Physics and Radiation Protection Ghent University, Ghent, Belgium
3 Department of Interventional Radiology Ghent University Hospital, Ghent, Belgium
Rhenium-188 (188Re) is a high energy beta-emitter with a physical half life of 17 hours. Various 188Re based radiopharmaceuticals were developed to treat liver malignancies. The vast majority of studies focus on patients suffering from hepatocellular carcinoma (HCC). Most radiopharmaceuticals are based on Lipiodol as a vehicle for the rhenium-188. The radiopharmaceutical that was tested clinically in detail is the 188Re-HDD/Lipiodol, developed by the Seoul University. Clinical data derived from several phase I and II studies using 188Re-HDD/Lipiodol suggest an excellent tolerance in patients with Child-Pugh A cirrhosis. A shortcoming in some trials was the occasional low labelling efficiency of 188Re-HDD/Lipiodol. Some newer 188Re based radiopharmaceuticals claim to have consistent high labelling efficiencies, however clinical data for these compounds are scarce or lacking at this moment. Hopefully, phase I clinical data will become available for promising radiopharmaceuticals such as 188Re-SSS-Lipiodol, developed by the group of Rennes, in the upcoming years. In Dresden a very different approach is used. They labelled human serum albumin microspheres with high activities of 188Re. In a small group of patients with liver metastasis and a few HCC patients, treatment proved safe. In the present clinical field, 188Re-based radiopharmaceuticals will have to proof firmly their strength and reliability in large patient groups if they want to compete with the commercially available yttrium-90 microspheres.
lingua: Inglese


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20 mile radius
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text: Dots ---- Having walked around several showrooms i have noticed that on the centre of the left & right edges of the main picture, there are dots. I've noticed these on philips, panasonics & toshibas, not all models; just one dot each side; but with cheaper tvs, ie grundig & thomson, there are typically around 3 extra dots each side (separated by black dots, so to speak & are very noticeable). However, so far I haven't noticed any on sonys. When i queried a salesman about this, who hadn't even noticed these, he said that it wouldn't be classified as a defect. So is it a manufacturing problem inherent with crts?? 50 vs 100hz ----------- Up until yesterday, i was going to go for a 50hz, but i noticed in showrooms that flicker on 28" varied between different models of the same manufacturer. Originally i wasn't going to go for 100hz, however, my eyes seemed to be less strained (hurting) when looking at a 100hz after looking at 50hz. Being a person who tends to be sensitive to strip lights when they start flickering which give me headaches, i'm starting to think that would happen with 50hz. Note that i was about a 1m away from tv. Whats peoples experience with this? Possible 28" widescreens ------------------------ Considering i'm looking at a get me started tv (got 14") at moment. I currently considering panasonic tx28ps1 (50hz) 1 rgb scart panasonic tx28ps12 (100hz) 2 rgb scarts; states it on manufactures site; some disagreements on a few threads read here sony KV28FX68 (100hz) 2 rgb scarts tx28ps12 being £100 less than the KV28FX68. 2rgb sockets is ideal for me. Does anyone know whether these can be switched into 50hz mode if one desires? All suggestions and comments welcome. Thanks in advance Simon


text:
by Guilbert, Pierre
2 vols. (lxxxii), 243, (xiv), 310 pp. thorough description of the chateau, forest, and town of Fontainebleau, including the paintings, statues, and decorative objects within the chateau, and information on the lives of the artists who worked there, table of artworks, extensive notes, 6 fine engraved plates (mostly folding) including a large map of the chateau and the grounds. One plate with a small tear along crease. 16mo. Full cont. calf, gilt detailing to spine, slightly rubbed. Paris (Cailleau) 1731. Ex-libris copy with bookplates inside the front covers for Le Comte de Schulenburg-Closterroda. This volume contains two engraved plans of the famous horseshoe staircase, which was constructed in 1634 according to an ingenious and novel design, which allowed carriages to pass underneath. (Inventory #: 48154)


text:
In this course, youcan go to local towns around Mt. Fuji, have traditional meals in the old private houses built about 150 years ago, go shopping while seeing
1.visit the secret places around Mt.Fujionly local people know and many travelers miss seeing.
2.the old traditional restaurant that has150 years history and is difficult to reserve.
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Robata, the way of grilling fresh ingredients.
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Kawaguchiko Lakeseeing spectacular Mt Fuji.
5.take the best photos of you with Mt.Fuji.
9:00 a.m.
-Depart Mishima Station of JR Line
If you cannot come to Mishima byShinkansen, I'll come to pick you up at Tokyo Station by Shinkansen.
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-Oshino Hakkai(60min)
take pictures with Mt.Fuji.
drink pure and clean water springing fromMt.Fuji
Shopping (You can enjoy a variety of thingsmade in this area, such as vegetable pickles, miso, and fish-paste products)
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Unique Shopping (You can purchase a lot ofunique things such as T-shirts and lanterns printed in Mt. Fuji)
enjoy Robata, a way of grilling freshingredients in an old traditional restaurant.
You can grill and eat vegetables and meats,which local people grow and harvest here, by yourself.
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If you have any requests or questions, pleasedon't hesitate to ask.
I am looking forward to meeting you.
※ If you are lucky, you can see the beautiful Mt.Fuji. It dependson the weather whether you can see the beautiful Mt. Fuji. But never mind.
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Mishima station of JR line
Price Includes:
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Price Doesn't Include:
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※Pick up around Tokyo
I can pick you up to around Tokyo.
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Hi, my name is Shohei Dodo.
Nice to meet you!
I work for the biggest train company as a conductor of bullet train "Shinkansen".
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text:
Bearing Unit - Chinaprice: 4.50 Dollar US$
We are an European-oriented bearing technology and service company.
Our leading products Ball bearings, Roller bearings, Bearing units are most exported to Germany, the Netherlands, Spain and the UK.
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Cable Management – What is a Cable Hole Tidy?
Cable hole tidies or cable grommets are holes in a desk designed to organise any trailing wires. Created with de-cluttering in mind, computer equipment leads and telephone cables can be fed through the hole, under the desk, out of your way. Generally they will be taken down into a secondary cable management system within the desk leg, but this is not a necessity. If you're thinking about organising your work space, our range of cable hole tidies are high end products, and will add a stylish element to any desk.
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United States District Court, N.D. Illinois, Eastern Division
January 22, 2014
BANK OF AMERICA, N.A., Plaintiff,v.OBERMAN, TIVOLI & PICKERT, INC., Defendant
Page 1093
[Copyrighted Material Omitted]
Page 1094
Page 1095
For Bank of America, N.A., Plaintiff: Randall Marc Lending, LEAD ATTORNEY, Rebecca Lynn Dandy, Timothy Matthew Schank, Vedder Price P.C., Chicago, IL.
For Oberman, Tivoli & Pickert, Inc., Defendant: Andre Ordeanu, Zane D. Smith & Associates, Ltd., Chicago, IL.
Page 1096
Rubén Castillo, Chief Judge United States District Court.
Plaintiff Bank of America, N.A. (" BOA" ) brings this action for breach of contract against Defendant Oberman, Tivoli & Pickert, Inc. (" OTP" ). Presently before the Court is OTP's motion to dismiss the complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). For the reasons stated below, this motion is denied.
BOA is a national banking association organized in Delaware with its principal place of business in Charlotte, North Carolina. (R. 1, Compl. ¶ 1.) OTP is a California corporation with its principal place of business in Los Angeles, California. ( Id. ¶ 4.) On or around May 6, 2003, Merrill Lynch Business Financial Services, Inc. (" MLBFS" ) and OTP entered into a WCMA [1] Loan and Security Agreement (the " Loan Agreement" ). ( Id. ¶ 5.) As relevant here, Section 3.7(d) of the Loan Agreement states:
Customer shall pay or reimburse MLBFS for . . . (iii) all fees and out-of-pocket expenses (including attorneys' fees and legal expenses) incurred by MLBFS in connection with the preparation, execution, administration, collection, enforcement, protection, waiver or amendment of this Loan Agreement, the other Loan Documents and such other instruments or documents, and the rights and remedies of MLBFS thereunder and all other matters in connection therewith.
(R. 1-1, Ex. A, Loan Agreement at 11, § 3.7(d).) " Customer" is defined as OTP's predecessor, Oberman, Tivoli, Miller & Pickert, Inc. (R. 1-1, Ex. A, Loan Agreement at 1.) Following the October 1, 2010 merger between BOA and Merrill Lynch Commercial Finance Corp., BOA became the successor in interest to all of MLBFS's rights and remedies under the Loan Agreement. (R. 1, Compl. ¶ ¶ 2, 6.) The line of credit in the Loan Agreement was renewed after the first year and subsequently renewed again, with the new maturity date set to June 30, 2006. ( Id. ¶ ¶ 11-12.) In June 2006, BOA decided not to renew the line of credit pursuant to a provision in the Loan Agreement giving BOA sole discretion to renew. ( Id. ¶ 13-14.)
On or around December 31, 2007, OTP filed a complaint in California state court against BOA and Merrill Lynch Pierce Fenner & Smith, Inc. (" Merrill Lynch" ) asserting claims arising out of the Loan Agreement. ( Id. ¶ 15.) BOA moved to dismiss the case based on the forum selection clause in the Loan Agreement; the California court granted the motion on March 2, 2009. ( Id. ¶ ¶ 16-17.) Around August 15, 2009, OTP filed a substantially identical suit against BOA and Merrill Lynch in the Circuit Court of Cook County, Illinois asserting breach of contract, fraud, and breach of fiduciary duty. ( Id.
Page 1097
¶ 18.) BOA and Merrill Lynch moved to dismiss the complaint pursuant to 735 Ill. Comp. Stat. 5/2-619.1.[2] ( Id. ¶ 19.) On January 27, 2010, the Illinois court granted the motion and dismissed the complaint in its entirety, granting OTP leave to file an amended complaint. ( Id. ) On April 23, 2010, OTP filed a nearly identical amended complaint, and BOA and Merrill Lynch filed a motion to dismiss the complaint for failure to state a claim pursuant to 735 Ill Comp. Stat. 5/2-615. ( Id. ¶ ¶ 20-21.) The court again dismissed the complaint in its entirety, dismissing all but the fraud claims with prejudice. ( Id. ¶ 22.) On October 4, 2010, OTP filed a second amended complaint, reasserting its fraud claims in addition to its breach of fiduciary duty claims and breach of contract claims that had previously been dismissed with prejudice. ( Id. ¶ ¶ 23-25.) The Illinois court yet again granted BOA's and Merrill Lynch's motion to dismiss the complaint, emphasizing that OTP's breach of fiduciary duty and breach of contract claims had previously been dismissed with prejudice, and granted OTP another chance to adequately allege its fraud claims. ( Id. ¶ ¶ 26-27.) On April 4, 2011, OTP filed its third amended complaint, alleging a single count of fraud against each BOA and Merrill Lynch. ( Id. ¶ 28.) The Illinois court again granted BOA's motion to dismiss, and it dismissed the entire complaint with prejudice. ( Id. ¶ ¶ 28-30.)
Undeterred, OTP appealed the circuit court's dismissal of its third amended complaint, and the Illinois Court of Appeals for the First District affirmed the lower court's dismissal on December 31, 2012. ( Id. ¶ ¶ 31-32.) BOA alleges that it incurred $125,322.73 in attorneys' fees and costs to defend against the California suit and $138,221.15 in attorneys' fees and costs to defend against the Illinois suit and subsequent appeal. ( Id. ¶ ¶ 33-35.) On February 7, 2012, BOA sent a demand letter to OTP demanding reimbursement for the attorneys' fees pursuant to Section 3.7(d)(iii) of the Loan Agreement. ( Id. ¶ 37.) On January 16, 2013, BOA sent a second demand letter. ( Id. ¶ 38.) To date, OTP has failed to reimburse BOA the requested attorneys' fees and costs. ( Id. ¶ 39.) BOA now seeks to recover the attorneys' fees and costs incurred in connection with the defense of the California and Illinois suits, which amount to a total of $263,543.88, and the ongoing fees incurred attempting to enforce its rights under the Loan Agreement. ( Id. ¶ ¶ 45-46.)
BOA initiated the present action on February 12, 2013. (R. 1, Compl.) The one-count complaint alleges that OTP breached its obligations under the Loan Agreement by refusing to reimburse BOA for the attorneys' fees and costs BOA incurred defending against OTP's suits. ( Id. ¶ 43.) On April 16, 2013, OTP moved to dismiss the complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) on the grounds that Section 3.7(d) of the Loan Agreement is unenforceable because it is ambiguous, unreasonable, and applicable only to third party claims. (R. 9, Def.'s Mot.) BOA filed its response to OTP's motion to dismiss on May 8, 2013, (R. 13, Pl.'s Resp.), and OTP replied to BOA's response on May 22, 2013. (R. 15, Def.'s Reply.)
A motion under Rule 12(b)(6) " challenges the sufficiency of the complaint to
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state a claim upon which relief may be granted." Hallinan v. Fraternal Order of Police of Chi. Lodge No. 7, 570 F.3d 811, 820 (7th Cir. 2009). When reviewing a Rule 12(b)(6) motion to dismiss, the Court construes the complaint in the light most favorable to the nonmoving party, accepts all well-pleaded factual allegations as true, and draws all reasonable inferences in the non-movant's favor. Tamayo v. Blagojevich, 526 F.3d 1074, 1081 (7th Cir. 2008). Pursuant to Rule 8(a)(2), a complaint must contain " a 'short and plain statement of the claim showing that the pleader is entitled to relief,' sufficient to provide the defendant with 'fair notice' of the claim and its basis." Id. (quoting Fed.R.Civ.P. 8(a)(2) and Bell A. Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007)). " Detailed factual allegations" are not required, but the complaint " must contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face.'" Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (quoting Twombly, 550 U.S. at 570). Plausibility in this context does not imply that a court " should decide whose version to believe, or which version is more likely than not." Swanson v. Citibank, N.A., 614 F.3d 400, 404 (7th Cir. 2010). Rather, to survive a motion to dismiss under Rule 12(b)(6), " the plaintiff must give enough details about the subject-matter of the case to present a story that holds together. In other words, the court will ask itself could these things have happened, not did they happen." Id.
A document that is attached to a pleading " is a part of the pleading for all purposes." Fed.R.Civ.P. 10(c). Thus, when ruling on a Rule 12(b)(6) motion to dismiss, a court must " consider documents attached to the complaint as part of the complaint itself." Reger Dev., LLC v. Nat'l City Bank, 592 F.3d 759, 764 (7th Cir. 2010) (citing Int'l Mktg., Ltd. v. Archer-Daniels-Midland Co., 192 F.3d 724, 729 (7th Cir. 1999)). " Such documents may permit the court to determine that the plaintiff is not entitled to judgment" in his favor. Id. (citing Hecker v. Deere & Co., 556 F.3d 575, 588 (7th Cir. 2009)).
I. Jurisdiction and applicable law
BOA avers that this Court has diversity jurisdiction pursuant to 28 U.S.C. § 1332, (R. 1, Compl. ¶ 7), which requires diversity of citizenship and an amount in controversy that exceeds $75,000. BOA is a Delaware corporation with its principal place of business located in North Carolina, ( id. ¶ 1); OTP is a California corporation with its principal place of business located in California, ( id. ¶ 4). The amount in controversy, for purposes of satisfying the jurisdictional requirement, must be " exclusive of interest and costs." 28 U.S.C. 1332(a). When attorneys' fees that have already been incurred are sought as part of the underlying claim, however, they are properly considered as part of the amount in controversy. Mo. State Life Ins. Co. v. Jones, 290 U.S. 199, 202, 54 S.Ct. 133, 78 L.Ed. 267 (1933). Here, BOA asserts a contractual right to attorneys' fees that it incurred before filing the instant suit. Thus, the attorneys' fees BOA seeks reimbursement for in this action--which exceed $75,000.00--are properly considered as part of the amount in controversy, and this Court has subject matter jurisdiction to decide this case on the merits.
A federal court sitting in diversity applies state substantive law and federal procedural law. Erie R.R. Co. v. Tompkins, 304 U.S. 64, 80, 58 S.Ct. 817, 82 L.Ed. 1188 (1938). The Erie doctrine extends to conflict of laws principles and
Page 1099
requires the Court to apply the conflict of laws rules of the forum state to determine which state's substantive law applies. Klaxon Co. v. Stentor Elec. Mfg. Co., 313 U.S. 487, 496-97, 61 S.Ct. 1020, 85 L.Ed. 1477 (1941). Courts are to " honor reasonable choice-of-law stipulations in contract cases," Auto-Owners Ins. Co. v. Websolv Computing, Inc., 580 F.3d 543, 547 (7th Cir. 2009), however, and are " not [to] worry about conflict of laws unless the parties disagree on which state's law applies." Wood v. Mid-Valley Inc., 942 F.2d 425, 427 (7th Cir. 1991). The Loan Agreement stipulates that it " shall be governed in all respects by the laws of the State of Illinois." (R. 1-1, Ex. A, Loan Agreement at 11, § 3.7(i).) Additionally, both parties cite Illinois law in their submissions to the Court. ( See R. 9, Def.'s Mot.; R. 13, Pl.'s Resp.) Accordingly, the Court will apply Illinois contract law to determine whether BOA has sufficiently stated a claim for breach of contract.
II. Whether Section 3.7(d) is ambiguous
OTP first argues that Section 3.7(d) is unenforceable because it is ambiguous. (R. 9, Def.'s Mot. at 2.) To be enforceable, the terms of a contract " must be clear, certain and free from ambiguity and doubt." Morey v. Hoffman, 12 Ill.2d 125, 145 N.E.2d 644, 647 (Ill. 1957). Whether a contract is ambiguous is a matter of law. Quake Constr., Inc. v. Am. Airlines, Inc., 141 Ill.2d 281, 565 N.E.2d 990, 994, 152 Ill.Dec. 308 (Ill. 1990). If the language of the contract is susceptible to more than one meaning, it is ambiguous. Thompson v. Gordon, 241 Ill.2d 428, 948 N.E.2d 39, 47, 349 Ill.Dec. 936 (Ill. 2011). If the words in the contract are clear and unambiguous, however, " they must be given their plain, ordinary and popular meaning." Id. OTP argues that the terms BOA relies on in Section 3.7(d) are not defined and are susceptible to more than one meaning. (R. 9, Def.'s Mot. at 3.) Specifically, OTP argues that the language " all fees and out of pocket expenses" in Section 3.7(d)(iii) allows BOA to " pick and choose what fees and out of pocket expenses" it requests payment for from OTP. ( Id. )
Section 3.7(d) has three subsections, but all of them are introduced by the common language at the beginning of Section 3.7(d), which is entitled " Fees, Expenses and Taxes" : " Customer shall pay or reimburse MLBFS for . . ." . The Court finds that language unambiguous and not susceptible to any interpretation other than OTP's agreement to pay MLBFS, now BOA. Subsection (iii) of Section 3.7(d), which is at issue here, continues the sentence:
all fees and out-of-pocket expenses (including attorneys' fees and legal expenses) incurred by MLBFS in connection with the preparation, execution, administration, collection, enforcement, protection, waiver or amendment of this Loan Agreement, the other Loan Documents and such other instruments or documents, and the rights and remedies of MLBFS thereunder and all other matters in connection therewith.
(R. 1-1, Ex. A, Loan Agreement at 11, § 3.7(d)(iii).) The Court finds this section unambiguous as well, at least insofar as is it applies to the present dispute. The Court cannot find within the above language some interpretation that does not require OTP to reimburse BOA for the attorneys' fees and legal expenses it incurred in connection with enforcing the Loan Agreement, specifically by defending suits brought by OTP in court. OTP argues that Section 3.7(d)(iii) only entitles BOA to collect attorneys' fees in connection with the other documents that were filed and recorded. (R. 15, Def.'s Reply at
Page 1100
2.) This tortured reading eliminates the explicit inclusion of " this Loan Agreement" within the section. The Court concludes that the plain meaning of Section 3.7(d)(iii) is not susceptible to more than one interpretation and thus is not unenforceable on the grounds of ambiguity.
Alternatively, even if the Court were to find Section 3.7(d) to be ambiguous, the Court would not have grounds to dismiss the complaint. If a court determines that a contract is ambiguous, parol evidence is admitted to determine the parties' intent, and the interpretation of the language becomes a question of fact that the court cannot properly determine on a motion to dismiss. Quake Constr., 565 N.E.2d at 994. Thus, if OTP had prevailed in convincing this Court that the provision is ambiguous as a matter of the law, the next step would be to begin discovery and proceed before a fact finder to determine the meaning of Section 3.7(d)--not to dismiss the suit. Accordingly, the Court declines to dismiss the complaint on the grounds of ambiguity.
III. Whether Section 3.7(d) is unreasonable
OTP next argues that the attorneys' fee provision in the Loan Agreement is unreasonable. (R. 9, Def.'s Mot. at 4.) OTP contends that the provision is unreasonably broad because it does not state that the attorneys' fees must be reasonable and because it does not limit BOA to collecting attorneys' fees only when it prevails. ( Id. at 4-5.) In Illinois, the unsuccessful party in a lawsuit is not responsible for the prevailing party's attorneys' fees unless there is a contract provision altering the general rule. Powers v. Rockford Stop-N-Go, Inc., 326 Ill.App.3d 511, 761 N.E.2d 237, 240, 260 Ill.Dec. 393 (Ill.App.Ct. 2d Dist. 2001). Any contract provisions regarding attorneys' fees " should be strictly construed and enforced at the discretion of the trial court." Id. By " strictly construing" the contract, the Court must " construe[ ] it to mean nothing more--but also nothing less--than the letter of the text." Erlenbush v. Largent, 353 Ill.App.3d 949, 819 N.E.2d 1186, 1189, 289 Ill.Dec. 386 (Ill.App.Ct. 4th Dist. 2004). When attorneys' fees are specifically authorized by the contract, however, it is an " error for the trial court to fail to provide for them." Myers v. Popp Enterprises, Inc., 216 Ill.App.3d 830, 576 N.E.2d 452, 457, 159 Ill.Dec. 783 (Ill.App.Ct. 2d Dist. 1991). If parties have agreed to shift the obligation for attorneys' fees, the court should use its discretion to " award reasonable attorney fees according to the specific provisions of the contract." Brzozowski v. N. Trust Co., 248 Ill.App.3d 95, 618 N.E.2d 405, 411, 187 Ill.Dec. 814 (Ill.App.Ct. 1st Dist. 1993).
In support of its position that Illinois public policy concerns do not allow for the enforcement of a provision that would allow the breaching party to collect attorneys' fees, OTP relies on an unpublished Illinois appellate court decision, Atlantis Products, Inc. v. Meridian Fence & Security, L.P., 2012 IL App (2d) 110521-U, at *9 (Ill.App.Ct. 2d Dist. Mar. 22, 2012). (R. 9, Def.'s Mot. at 4-5.) In Atlantis Products, however, the plaintiff sought to enforce the attorneys' fees provision even though it had breached the material terms of the contract. Id. The Illinois appellate court held that to allow a non-prevailing party to collect attorneys' fees would be contrary to public policy, and it distinguished its holding from cases in which the non-breaching parties were allowed to collect attorneys' fees. Id. (citing Bright Horizons Children's Centers, LLC v. Riverway Midwest II, LLC, 403 Ill.App.3d 234, 931 N.E.2d 780, 798, 341 Ill.Dec. 883 (Ill.App.Ct. 1st Dist. 2010); Peleton, Inc. v. McGivern's Inc., 375 Ill.App.3d 222, 873 N.E.2d 989, 995,
Page 1101
314 Ill.Dec. 59 (Ill.App.Ct. 1st Dist. 2007); Erlenbush, 819 N.E.2d at 1190; Powers, 761 N.E.2d at 240; Myers, 576 N.E.2d at 457). In each of the cases the court distinguished in Atlantis, prevailing parties were awarded attorneys' fees due to specific contractual provisions allowing for fee-shifting, such as the provision in Section 3.7(d).
OTP argues that the absence of language limiting BOA's ability to recover to situations in which it is the prevailing party in Section 3.7(d) would allow BOA to recover if it did not prevail and demonstrates the unreasonability of the provision. (R. 15, Def.'s Reply at 3-4.) OTP does not provide any caselaw indicating that an attorneys' fees provision must have " prevailing party" language to be enforceable. To the contrary, Illinois courts have enforced attorneys' fees provisions that do not contain this language. See, e.g., Daiwa Bank, Ltd. v. La Salle Nat. Trust, N.A., 229 Ill.App.3d 366, 593 N.E.2d 105, 110, 170 Ill.Dec. 563 (1992) (in a mortgage: " Mortgagor shall pay . . . reasonable attorneys' fees . . . incurred by Lender in connection with any of the following: (a) The preparation, execution, delivery and performance of the Loan Instruments; (b) The funding of the Loan; . . . (d) Any court or administrative proceeding or other action undertaken by Lender to enforce any remedy . . ." ); Wanderer v. Plainfield Carton Corp., 40 Ill.App.3d 552, 351 N.E.2d 630, 638 (Ill.App.Ct. 3d Dist. 1976) (in a lease agreement: " Lessee will pay and discharge all reasonable costs, attorneys fees and expenses that may be incurred by Lessor, in enforcing the covenants and agreements of this Lease, and all covenants and agreements herein contained." ). An Illinois appellate court recently stated that because " attorney fees may only be awarded to a prevailing party," it is appropriate to infer that fee-shifting provisions only provide for an award of attorneys' fees to a prevailing party, regardless of whether the plain language of the provision expressly provides as much. City of Harvard v. Elvis J. Henson Trust, 2012 IL App (2d) 120091-U, at ¶ 21 (Ill.App.Ct. 2d Dist. Sept. 18, 2012) (quoting Powers, 761 N.E.2d at 241) (finding the following attorneys' fee provision valid but inapplicable because the City did not prevail: " In the event the City is required to incur legal expenses to enforce the terms of this Agreement against [defendants], [defendants] shall be responsible to reimburse the City for all reasonable attorneys fees incurred relative to such enforcement action." ).
This Court is charged with using its discretion to award reasonable attorneys' fees. See Brzozowski, 618 N.E.2d at 411; LaHood v. Couri, 236 Ill.App.3d 641, 603 N.E.2d 1165, 1170, 177 Ill.Dec. 791 (Ill.App.Ct. 3d Dist. 1992). Accordingly, the Court is untroubled by the absence of language explicitly limiting BOA's recovery to " reasonable" attorneys' fees or to when it is the prevailing party. Although it would be unreasonable for the Court to award attorneys' fees to a non-prevailing party, see Atlantis Prods., 2012 IL App (2d) 110521-U, at *9; Powers, 761 N.E.2d at 241, the failure of a fee-shifting provision to explicitly limit the award of attorneys' fees to a prevailing party does not render the provision unreasonable and unenforceable. OTP has failed to provide any grounds upon which the fee-shifting provision in Section 3.7(d) is unreasonable, and the Court declines to dismiss the complaint on the grounds that Section 3.7(d) is unreasonable.
IV. Whether Section 3.7(d) applies to the instant case
OTP next argues that, read within the context of the entire Loan
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Agreement, Section 3.7(d) applies only to third-party claims and does not allow first-party claims for reimbursement. (R. 9, Def.'s Mot. at 5.) " A court must construe the meaning of a contract by examining the language and may not interpret the contract in a way contrary to the plain and obvious meaning of its terms." Dean Mgmt., Inc. v. TBS Constr., Inc., 339 Ill.App.3d 263, 790 N.E.2d 934, 939, 274 Ill.Dec. 161 (Ill.App.Ct. 2d Dist. 2003). " Furthermore, the court must place the meanings of words within the context of the contract as a whole." Id. " A court will neither add language or matters to a contract about which the instrument itself is silent, nor add words or terms to an agreement to change the plain meaning" of the agreement. Id. (quoting Sheehy v. Sheehy, 299 Ill.App.3d 996, 702 N.E.2d 200, 204, 234 Ill.Dec. 34 (Ill.App.Ct. 1st Dist. 1998)).
Section 3.5 of the Loan Agreement refers to " Events of Default," and Section 3.6 refers to " Remedies." (R. 1-1, Ex. A, Loan Agreement at 8-9, § § 3.5, 3.6.) Consequently, OTP argues, Section 3.7, entitled " Miscellaneous," refers to " fees and expenses from third party claims," not from proceedings in connection with events of default. (R. 9, Def.'s Mot. at 5.) Sections 3.5 and 3.6 do pertain to the first-party relationship between BOA and OTP, but there is no reason to interpret these sections as encompassing the totality of the scope of the parties' mutual obligations. Neither Section 3.5 or Section 3.6 provide for the recovery of attorneys' fees, and Section 3.7(d)(iii) appears to be the only fee-shifting provision in the Loan Agreement. In addition, other portions of the contract outside Sections 3.5 and 3.6 clearly pertain to the BOA/OTP relationship. For example, Section 3.7(c) describes the methods by which BOA and OTP agreed to communicate. (R. 1-1, Ex. A, Loan Agreement at 11, § 3.7(c).) Thus, in the context of the contract as a whole, it is clear that Sections 3.5 and 3.6 do not alone define all the rights and obligations between BOA and OTP, and that Section 3.7 does not exclusively refer to rights and obligations as to third parties. OTP's conclusory argument to this effect is not well-developed, nor is it supported by caselaw.
In addition, OTP's contention that the Section 3.7(d)(iii) applies only to attorneys' fees incurred in third-party litigation is unsupported by the plain text of the provision itself. Section 3.7(d) begins: " Customer shall pay or reimburse . . ." (R. 1-1, Ex. A, Loan Agreement at 11, § 3.7(d)) (emphasis added). " Customer" means OTP here, and thus the plain meaning of Section 3.7(d)(iii) is that it allows BOA to seek reimbursement for attorneys' fees directly from OTP. From both its express language and its context within the structure of the contract, the Court concludes that Section 3.7(d) does not apply to only third-party litigation and that it provides a basis upon which BOA may seek reimbursement from OTP.
Seeking to avoid this result, OTP argues that BOA should not be allowed to collect attorneys' fees because BOA did not initiate the underlying litigation. (R. 15, Def.'s Reply at 4-5). OTP relies on Housing Authority of Champaign County v. Lyles, 395 Ill.App.3d 1036, 918 N.E.2d 1276, 335 Ill.Dec. 463 (Ill.App.Ct. 4th Dist. 2009), to support its contention that BOA cannot recover attorneys' fees because Section 3.7(d) does not provide for the recovery of attorneys' fees " for defending the Loan Agreement." ( Id. at 5.) The Illinois appellate court in Lyles held that the defendant was not entitled to an award of attorneys' fees pursuant to a contract provision providing that the prevailing party " may recover all costs and reasonable attorney fees incurred in enforcing
Page 1103
this lease" because the defendant did not sue to enforce the lease, only defended against the plaintiff's suit. Lyles, 918 N.E.2d at 1279-80 (internal alterations omitted). The court found that the ordinary meaning of the word " enforce" required affirmative action and that the contract provision thus only provided for attorneys' fees for a party who " was suing to compel or make effective the covenants of the lease." Id. at 1279. OTP urges this Court to likewise find that BOA is not entitled to attorneys' fees for its defense against OTP's suits.
The key distinction between the Lyles and the present case is that the attorneys' fees provision in the Loan Agreement does not limit BOA's recovery to costs incurred in " enforcing" the contract. Instead, Section 3.7(d) specifically allows for the recovery of attorneys' fees and costs incurred " in connection with the preparation, execution, administration, collection, enforcement, protection, waiver or amendment" of the Loan Agreement. When a contract fails to explicitly define its terms, " the court must give the contractual language its common and generally accepted meaning." Dean Mgmt., 790 N.E.2d at 939. Black's Law Dictionary unhelpfully defines " protection" as " The act of protecting," without providing a definition for " protect" or " protecting." Black's Law Dictionary (9th Ed. 2009). The Oxford English Dictionary defines " protect" as " To defend or guard from danger or injury; to support or assist against hostile or inimical action; to preserve from attack, persecution, harassment, etc." (OED 3d Ed. 2007). The Court concludes that defending against OTP's suits constitutes protection of the Loan Agreement within the meaning of Section 3.7(d). Thus, the plain language of Section 3.7(d) does not preclude BOA's recovery of the attorneys' fees at issue here.
For the reasons set forth above, OTP's 12(b)(6) motion to dismiss for failure to state a claim (R. 9) is DENIED. The parties are directed to reevaluate their settlement positions in light of this opinion and to exhaust all efforts to settle this case. The parties shall appear for a status hearing on February 18, 2014 at 9:45 a.m.
Enter Memorandum Opinion and Order. Defendant's motion to dismiss [9] is denied. Status hearing set for 2/18/14 at 9:45 a.m.
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Business focus: Gantry Crane, Hoist, Overhead Crane, Stone Crusher, Ball Mill, Mining Machine, Feeder, Screen, Conveyor, Concerete Mix, Rubbish Truck, Tipper, Road Constriction
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Asphalt Mixing Plant, Concrete Mixing Plant, Stabilized Soil Mixing Plant, Generating Set
- By YueshouGroup - On Wed 24 Dec, 2008 5:50 am: stabilized soil mixing plant and generating set we are famous for the quality and price and have imported to many countries it is my honor to coope....
Stabilized Base Mixing Plant
- By Cnxdmac - On Wed 14 May, 2008 3:10 am: mixing plant capacity 300 400 500 600 tph per hour hs code 84743100 00
Modular Stabilized Base Mixing Plant
- By cnxdmac03 - On Thu 12 May, 2011 1:29 am: stabilized base mixing plant item wbs details the wbs series modular stabilized mixing plant mainly uses in the construction of base layer of ....
Mobile Stabilized Base Mixing Plant
- By Cnxdmac - On Wed 14 May, 2008 3:04 am: stabilized base helps road construction easy and extend the life of road in xinda we are specializing in the equipment for more than 10 years the c....
Mobile Stabilized Base Mixing Plant
- By cnxdmac03 - On Thu 12 May, 2011 1:30 am: stabilized base mixing plant item ywbs details mobile stabilized mixing plant mainly uses in the construction of base layer of high-way urban....
Soil-cement Mixing Plant
- By hdzgzsj168 - On Tue 15 Apr, 2008 10:05 am: mixing plant adopts industrial micro-computer control system and has such advantages as even mixing high productivity multiple grading varieties h....
Selll Mobile Asphalt Mixing Plant, Concrete Mixing Plant, Block Making Machine
- By XIAMENCHARMMOUNTAIN - On Thu 19 Feb, 2009 1:01 am: soil facilities
Wet Mix Macadam Plant / Soil Stabilization Plant
- By kew007 - On Sun 01 Mar, 2009 4:49 pm: plant for achieving homogenous mix material to prepare base and sub base in road construction projects designed to confront the toughest job site req....
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Shaanxi Office Of Roady Road Machinery Company
: Zhang Liwen Of Shaanxi Office of Roady Road Machinery Selling Asphalt And Concrete Mixing Machinery From China
Nosen Mechanical & Electrical Equipment Co., Ltd
: Jack Kuang Of Nosen Mechanical And Electrical Equipment From China
Shanghai Hold Heavy Industry Co Ltd
: Warren Guo Of Shanghai Hold Heavy Industry, A Manufacturer Of Various Concrete Construction Machinery From China
Shenzhen RiOu Refrigeration Machine Equipment Co Ltd
: Vivian Hu Of Shenzhen RiOu Refrigeration Machine Equipment Company From China
Zhangjiagang Yuanfeng Plastic Machinery CO Ltd
: Nita Liang Of Zhangjiagang Yuanfeng Plastic Machinery Company From China
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Peanut Butter Crunch Bars
Total Time
Prep 10 mins
Cook 5 mins
Very easy, quick no-bake treat!
Ingredients Nutrition
- 1 cup peanut butter
- 1⁄2 cup light corn syrup
- 1 cup sugar
- 1⁄2 cup butter
- 1 teaspoon salt
- 2 cups corn flakes
- 1 cup Rice Krispies
- chocolate frosting (optional)
- Melt sugar with corn syrup. Remove from heat and add the peanut butter. Stir until combined well.
- Add remaining ingredients; mix well.
- Press into a greased 8x8-inch pan and chill.
- Frost with chocolate frosting, if you like.
Most Helpful
These are ok and easy to do. Very much like a lot of other cereal recipes.


text:
NYX Cosmetics Baked Blush
for this item. Learn More
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on orders over $60
Baked to sheer perfection, this luxurious formula is packed full of pigments to provide a natural glow and highlight to the face. Uniquely designed to be used wet or dry, depending upon the makeup statement you want to make. When used dry with a brush, the look is light and fresh. Want more color? No Problem! Apply wet with a makeup sponge for more intensity. Baked blush tends to be hard on the surface, but once you get through the top layer, you get true, intense color payoff!
*Details provided by NYX Cosmetics
$5.95 Flat-Rate Standard Domestic 48 US Shipping Transit Time: 2 - 8 business days
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