text:
Discussion in 'Suicidal Thoughts and Feelings' started by bec1216, Jun 25, 2016.
I need someone to talk to. I can't do this anymore. Especially not alone.
I'm here. How can I help you?
Thanks. Idk, I guess I just don't see a point in living anymore.
You don't see it? It's all around.
What are your dreams like?
I dream that one day I will be happy. I dream that one day all the pain and sadness will end.
There you go, you're dreaming right! What makes you happy?
Honestly, I don't know. I haven't been happy in a long time.
What happened?
You can talk to us here, we will not judge you. Welcome to SF, whaat brings you here? You are not alone here!
Hi, please keep talking as we care about don't think anything different.
I don't know, I've been depressed for awhile and don't have anyone to talk to about it.
Whenever you're ready we will listen to you.
I don't think anyone in my family or any of my friends know how much I've been struggling. But I don't feel that I have a close enough relationship with any of them to open up.
Listen to me. I was bullied when I was 13, a kid yelled out "Hey Andrew is it true you watch anime porn?" In front of the whole class. I was shattered. I went home and I thought about suicide every night for years. I never told anyone until I was 22 and had been diagnosed with schizophrenia. Now, looking back on it I believe that I got that diagnosis because I would never talk about what was really bothering me. If you bottle up pain it doesn't go away, it festers. You have to tell someone, I was in the same situation. I didn't feel like I could talk to my mom or dad. I had no friends.
I'm sorry that happened to you, that's awful. I know youre right, bottling up pain is never a good thing, but what if I cant trust anyone? I've tried opening up before and it has backfired every single time. And even if I did talk to someone, I have no clue what I would say. I can't explain why I feel so miserable all the time, I just do.
People want to help, even the biggest jerk is probably just a confused person trying to help in their own stupid way. It's not about how they react its about having the courage to stand up for yourself. Doing something about the pain is what heals you, not a particular reaction from someone else.
I know the feeling of having no one else to talk to. I just had to drop out of college for financial reasons and move back home, and I'm not that close with my family, and I don't have any friends I can really talk to anymore. I really want someone to talk to - it doesn't have to be about my depression. In fact, I'd prefer it wasn't. Just some nice messages and small talk, without feeling like a bother.
My inbox is open if you ever want to talk. You matter. It might not be easy to see that sometimes, but I promise it's true.
Yeah that's true. Did you find relief in opening up?
I'm sorry about your situation with school I would love to talk!


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Subject: [PATCH 0/5] TXT driver
Newsgroups: gmane.linux.kernel
Date: Saturday 27th April 2013 14:56:15 UTC (over 3 years ago)
This module is expected to be a better tool to access below resources - TXT config space - TXT heap - Tboot log mem - SMX parameter Intel TXT (Trusted Execution Technology) will provide higher assurance of system configuration and initial state as well as data reset protection. It also helps solve real end user concerns about having confidence that their hardware is running the VMM or kernel that it was configured with, especially since they may be responsible for providing such assurances to VMs and services running on it. See <http://www.intel.com/technology/security/> for more information about Intel(R) TXT. Intel TXT configuration registers are a subset of chipset registers. These chipset registers that interact with SMX are accessed from two regions of memory, which represent the public and private configuration spaces, by system software using memory read/write protocols. Intel TXT Heap memory is a region of physically contiguous memory which is set aside by BIOS for the use of Intel TXT hardware and software. With this module, it will be easier to access TXT/tboot related information/logs. Qiaowei Ren (5): driver: add TXT driver in kernel driver: provide sysfs interfaces to access TXT config space driver: provide sysfs interfaces to access TXT log driver: provide sysfs interfaces to access SMX parameter driver: provide sysfs interfaces to access TXT heap drivers/char/Kconfig | 2 + drivers/char/Makefile | 1 + drivers/char/txt/Kconfig | 18 + drivers/char/txt/Makefile | 5 + drivers/char/txt/txt-config.c | 1041 ++++++++++++++++++++++++ drivers/char/txt/txt-config.h | 138 ++++ drivers/char/txt/txt-heap.c | 1616 ++++++++++++++++++++++++++++++++++++++ drivers/char/txt/txt-heap.h | 338 ++++++++ drivers/char/txt/txt-log.c | 140 ++++ drivers/char/txt/txt-log.h | 27 + drivers/char/txt/txt-parameter.c | 261 ++++++ drivers/char/txt/txt-parameter.h | 40 + drivers/char/txt/txt-sysfs.c | 68 ++ 13 files changed, 3695 insertions(+) create mode 100644 drivers/char/txt/Kconfig create mode 100644 drivers/char/txt/Makefile create mode 100644 drivers/char/txt/txt-config.c create mode 100644 drivers/char/txt/txt-config.h create mode 100644 drivers/char/txt/txt-heap.c create mode 100644 drivers/char/txt/txt-heap.h create mode 100644 drivers/char/txt/txt-log.c create mode 100644 drivers/char/txt/txt-log.h create mode 100644 drivers/char/txt/txt-parameter.c create mode 100644 drivers/char/txt/txt-parameter.h create mode 100644 drivers/char/txt/txt-sysfs.c -- 188.8.131.52


text:
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Pam Ferguson
RE: Edward V Gaige
Do you know where Harry Loucks Gaige and his wife are buried? Also, if you are comfortable with sharing your husband's name, I could add it to my data file.
Thanks, Pam
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on Jul 03, 2012 11:51 PM
Ken Ray
RE: John & Joachim VanValkenburgh
Kathleen, thank you very much for this link, I opened it and read the details of the farm. Appears it is private property now and imagine nobody can gain access to the little cemetery. Thanks again.
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RE: Edward V Gaige
Thank you for the correction. I have moved this family to the correct cemetery, Fairview. If you have better photos of their gravestones, please upload them to Find A Grave. My photos and information is from 1986, when I visited the cemetery.
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Thank you very much, my husband also thanks you, he had heard been trying to find out where his grandfather and grandmother were bured at, thanks again. He is also wondering if you might know who the parents of his grandparents are and where they are buried.
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Court of Appeals of Illinois, Fourth District
April 2, 2014
In re: ASHLEY C., a Minor, THE PEOPLE OF THE STATE OF ILLINOIS, Petitioner-Appellee,v.ASHLEY C., Respondent-Appellant
Appeal from Circuit Court of Livingston County. No. 13JD61. Honorable Jennifer H. Bauknecht, Judge Presiding.
The trial court satisfied the statutory requirements of the Juvenile Court Act in sentencing respondent minor to the Department of Juvenile Justice, especially in view of the fact that the court had exhausted all local resources available for respondent and incarceration was necessary to protect the public; furthermore, the trial court did not err in including the criminal histories of respondent's parents and stepfather, including the information as to their incarceration, in the social history report that was considered in connection with respondent's sentencing, since that information was relevant to the issue of whether respondent could be placed with them as an alternative to being incarcerated. Decision Under
Michael J. Pelletier, Karen Munoz, and Jacqueline L. Bullard, all of State Appellate Defender's Office, of Springfield, for appellant.
Seth Uphoff, State's Attorney, of Pontiac (Patrick Delfino, David J. Robinson, and Anastacia R. Brooks, all of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.
JUSTICE POPE delivered the judgment of the court, with opinion. Justices Knecht and Steigmann concurred in the judgment and opinion.
Page 1143
In September 2013, respondent, Ashley C. (born February 4, 1997), entered a plea of guilty to six charges: (1) residential burglary (720 ILCS 5/19-3(a) (West 2012)), (2) two counts of burglary of two separate motor vehicles (720 ILCS 5/19-1(a) (West 2012)), (3) unlawful possession of a stolen or converted vehicle (625 ILCS 5/4-103(a)(1) (West 2012)), and (4) two counts of theft under $500 (720 ILCS 5/16-1(a)(1)(A) (West 2012)). In addition, her admissions to these six offenses served as the basis for petitions to revoke respondent's probation in three other cases, Livingston County case Nos. 11-JD-50, 11-JD-92, and 12-JD-77. In October 2013, the trial court sentenced respondent to the Illinois Department of Juvenile Justice (DOJJ) for an indeterminate term not to exceed respondent's twenty-first birthday. Respondent appeals, arguing (1) her sentencing hearing failed to comport with the statutory requirements for committing minors to DOJJ; (2) the social history report prepared by probation should not have included the criminal histories of her father, mother, and stepfather; and (3) the social history report should not have listed a sentence of secure detention for up to six months for contempt as an available disposition.
We affirm the circuit court's judgment.
The facts discussed below are gleaned from respondent's brief and the record submitted with this appeal. When respondent was age 14, the State filed a three-count petition (No. 11-JD-50) charging her with two counts of theft of alcohol from Walmart (720 ILCS 5/16A-3(a) (West 2010)) and one count of unlawful consumption of alcohol (235 ILCS 5/6-20(e) (West 2010)), occurring on April 23, 2011. In September 2011, the State filed a petition (No. 11-JD-92) charging respondent with committing two counts of criminal trespass to a motor vehicle on July 23, 2011. 720 ILCS 5/21-2 (West 2010). In December 2011, respondent admitted the charges in both Nos. 11-JD-50 and 11-JD-92 and was placed on probation for two years. Prior to her sentence in these two cases, respondent entered residential substance-abuse treatment at Chestnut Health Systems in Maryville, Illinois. However, on October 21, 2011, just two weeks after beginning treatment, respondent left the program against staff advice. Over the course of 2012, respondent started and/or completed three substance-abuse evaluations. She was discharged unsuccessfully once for missing too many appointments prior to going to detention. She was unable to complete " Teen Group" because she was once again in detention. She completed her fourth evaluation in October
Page 1144
2012, with a recommendation of no further treatment.
The social history report reflects during 2011 respondent was involved with counseling through " Project Oz" due to missing school and family issues. Following her sentence of probation, respondent began mental-health counseling at the Institute for Human Resources (IHR) in January 2012 and continued to receive mental-health treatment through the course of all further delinquency proceedings. Through IHR, respondent became involved with Screening, Assessment, and Support Services (SASS) for the " normal time frame," returning to regular counseling thereafter.
In August 2012, a new petition was filed, Livingston County case No. 12-JD-77, charging respondent with committing burglary of a motor vehicle on July 9, 2012, and an unrelated theft on August 2, 2012. She admitted committing these offenses and was sentenced to a two-year term of probation. While on probation in Nos. 11-JD-50, 11-JD-92, and 12-JD-77, respondent committed the six offenses that are the subject of this appeal.
At the August 2013 detention hearing in the instant case, the State represented on October 14, 2013, in Fairbury, Illinois, respondent entered a Dodge Durango owned by Bradley H. Respondent stated to police at the time she entered the vehicle, she intended to take it. The keys were in the console. She drove the vehicle to Pontiac, Illinois, where she entered a second vehicle, belonging to Amber W. (It should be noted respondent did not have a driver's license.) While inside Amber W.'s vehicle, respondent took a wallet and checkbook belonging to Amber W. Respondent told police she attempted to burglarize another vehicle while in Pontiac.
Respondent then drove back to Fairbury in the Dodge Durango, hitting a vehicle that was in a parking lot. She left the Durango near a church, where it was later found. Through their investigation, the police determined respondent may have stolen the Durango. They went to respondent's residence and found Amber W.'s wallet and the keys to the Durango. In addition, police found a black Hewlett-Packard laptop computer that Levi C. had recently reported stolen from his home. Respondent admitted entering Levi C.'s residence and taking the computer. Respondent was detained. In September 2013, respondent pleaded guilty to all six charges and admitted she violated her probation in case Nos. 11-JD-50, 11-JD-92, and 12-JD-77.
At the October 2013 sentencing hearing, the State recommended respondent be discharged unsuccessfully in case Nos. 11-JD-50, 11-JD-92, and 12-JD-77. The trial court accepted the State's recommendation and discharged respondent unsuccessfully from her probation. Thus, those cases are not included in respondent's appeal.
With respect to the six remaining charges, the trial court considered the social history report prepared by probation. In addition to the services previously offered to respondent as outlined above, the report reflected respondent had been evaluated for the Mental Health Juvenile Justice program (MHJJ) and would qualify for services through that program if she was released. The report reflected respondent had been living with her grandmother, as her mother and stepfather were both currently incarcerated in the Department of Corrections. Respondent's father lived in Louisiana. He indicated a willingness to have respondent live with him, but since he lived out of state, he was not sure the trial court would agree. Respondent had not seen her father in three or four years and had talked to him only a couple
Page 1145
of times a year. Respondent had no relationship whatsoever with her father for the first six years of her life.
At the time respondent was arrested and detained on the current charges, her grandmother was unwilling to have respondent return to her home, stating she could not control respondent any longer. Moreover, respondent indicated she did not want to live with her grandmother anymore. By the time of the sentencing hearing, however, respondent's grandmother had relented and expressed willingness to have respondent live with her on electronic monitoring.
The report indicated respondent had attendance issues at school. She was failing her classes during high school because she missed school frequently and failed to make up her homework. Respondent was suspended on several occasions for various reasons, including smoking in the bathroom and being " high" at school in 2011. Moreover, while detained awaiting sentencing, respondent stayed in her cell, refusing to attend school.
In addition to the social history report, the trial court considered a memorandum prepared by the State regarding programs and services available to respondent through DOJJ.
The State recommended commitment to DOJJ based on the following: (1) respondent's significant prior criminal history; (2) the serious nature of the current offenses, i.e., residential burglary, two burglaries, and possession of a stolen vehicle; (3) respondent's commission of the current offenses while on probation; (4) her poor attendance at school; (5) respondent's failure to take advantage of services offered to her; (6) her endangering the community when she drove, unlicensed, a stolen vehicle from Fairbury to Pontiac and back; and (7) community-based sentencing had been ineffective in preventing respondent from re-offending.
Defense counsel argued a commitment to DOJJ was not appropriate for the following reasons: (1) respondent's latest detention for 77 days convinced her she could comply with probation, (2) respondent was on medication for depression, (3) the current offenses were not crimes of violence, (4) statistics show recidivism is high for people who go to the Department of Corrections, and (5) electronic monitoring with a term of probation would allow respondent to stay in her community.
In sentencing respondent, the trial court noted it had tried to maintain a community-based sentence with respondent's three prior cases. Pursuant to those sentences, respondent was involved with SASS, drug treatment, and mental-health treatment, and the court tried to keep respondent in school. The court noted the escalating nature of respondent's crimes, from retail theft to residential burglary. The court recognized the risk to the public of respondent's conduct and the fact all local resources and services had been exhausted.
Recognizing incarceration was not ideal, the trial court stated:
" But when I weigh all of the factors in this case, I do, and consider all of the factors I am to consider[,] including not just the aggravating and mitigating factors[,] but the community[-]based services that have been provided, that are still available, the services available through the [DOJJ], the other information set forth in the social investigation, I do find that it is necessary for the protection, first of all, of the public from the consequences of your criminal behavior but[,] more importantly[,] that there's just nothing left in the community that can overcome the obstacles I think that you have put up.
Page 1146
So, I think that we have made every effort. Probation has made every effort. We have exhausted the local resources. The resources through the [DOJJ] I believe will meet your needs in terms not only of your education but also of treatment for your, any mental[-]health issues that remain unaddressed.
So for these reasons and primarily for the protection of the public, I am going to sentence you to the [DOJJ] on Counts 1, 2, 3 and 4. It would be a conviction only on Counts 5 and 6."
This appeal followed.
A. Respondent's Sentencing Hearing
Respondent contends the trial court erred when it failed to comply with the statutory requirements of section 5-750 of the Juvenile Court Act of 1987 (Juvenile Act) (705 ILCS 405/5-750 (West 2012)) prior to sentencing respondent to DOJJ.
A trial court's decision to send a minor to DOJJ is reviewed for an abuse of discretion. People v. M.Z. (In re M.Z.), 296 Ill.App.3d 669, 674, 695 N.E.2d 587, 591, 231 Ill.Dec. 70 (1998). The question of whether the court complied with statutory requirements is a question of law we review de novo. People v. Raheem M. (In re Raheem M.), 2013 IL App (4th) 130585, ¶ 45, 376 Ill.Dec. 753, 1 N.E.3d 86.
Before sentencing a minor to DOJJ, section 5-750 of the Juvenile Act requires, inter alia, the court to find commitment to DOJJ is the " least restrictive alternative based on evidence that efforts were made to locate less restrictive alternatives to secure confinement and the reasons why efforts were unsuccessful in locating a less restrictive alternative to secure confinement." 705 ILCS 405/5-750(1)(b) (West 2012).
In making a decision to commit a minor, the statute further requires the trial court to:
" [M]ake a finding that secure confinement is necessary, following a review of the following individualized factors:
(A) Age of the minor.
(B) Criminal background of the minor.
(C) Review of results of any assessments of the minor, including child centered assessments such as the CANS.
(D) Educational background of the minor, indicating whether the minor has ever been assessed for a learning disability, and if so what services were provided as well as any disciplinary incidents at school.
(E) Physical, mental and emotional health of the minor, indicating whether the minor has ever been diagnosed with a health issue and if so what services were provided and whether the minor was compliant with services.
(F) Community based services that have been provided to the minor, and whether the minor was compliant with the services, and the reason the services were unsuccessful.
(G) Services within the [DOJJ] that will meet the individualized needs of the minor." 705 ILCS 405/5-750(1)(b)(A) to (G) (West 2012).
Respondent contends the trial court was presented with no evidence she ever completed substance-abuse treatment as required by the sentencing statute (705 ILCS 405/5-750(1)(b)(F) (West 2012)). Respondent argues there was no evidence of any type of an assessment, much less a substance-abuse assessment, conducted in conjunction with the decision to commit respondent to DOJJ. Respondent contends
Page 1147
the court erred in failing to consider residential substance-abuse treatment as a less-restrictive alternative to secure confinement. Respondent relies on our decision in Raheem M., 2013 IL App (4th) 130585, 376 Ill.Dec. 753, 1 N.E.3d 86, as support for her argument.
Raheem M . is clearly distinguishable. First, the respondent in Raheem M . had never been charged previously with a criminal offense. Id. ¶ 12, 2013 IL App (4th) 130585, 376 Ill.Dec. 753, 1 N.E.3d 86. Raheem M. had never had a community-based sentence. Id. His offense would have been a misdemeanor but for the incidental contact with a lunchroom monitor. Id. ¶ 56, 2013 IL App (4th) 130585, 376 Ill.Dec. 753, 1 N.E.3d 86. Raheem M. was not assessed or evaluated in any manner to determine whether community-based services could eliminate any perceived need to incarcerate him. Id. ¶ 47, 2013 IL App (4th) 130585, 376 Ill.Dec. 753, 1 N.E.3d 86. Raheem M.'s uncle was willing to have Raheem live with him and assured the court he would provide for him and enroll him in church and community activities. Id. ¶ 16, 2013 IL App (4th) 130585, 376 Ill.Dec. 753, 1 N.E.3d 86. The court failed to explain why this alternative to incarceration was not acceptable. Id. ¶ 54, 2013 IL App (4th) 130585, 376 Ill.Dec. 753, 1 N.E.3d 86.
Here, Ashley C. was on her fourth juvenile adjudication. The trial judge, who had worked over the years to keep respondent in the community, was familiar with respondent and the services both available and offered to respondent. The court had placed respondent on probation for five misdemeanors in two separate cases in 2011. In 2012, the court again placed respondent on probation, this time for a felony, burglary. During these periods of probation, respondent was evaluated four times for substance-abuse treatment. She left in-patient treatment against staff advice, missed appointments for her evaluations, and failed to complete evaluations because she was detained as a result of her criminal conduct. The court was aware of respondent's mental health history and that she had counseled with Project Oz, IHR, and SASS. While on probation in her three prior cases, respondent committed four new felonies, including residential burglary and stealing a car. Without ever having a driver's license, she drove the stolen vehicle, crashing it into another vehicle in a parking lot. Respondent is clearly a danger to the public.
Moreover, the trial court was aware respondent had been evaluated for the MHJJ program and qualified for services through that program. Additionally, the social history report reflected respondent refused to leave her cell to attend school while in detention. Contrary to respondent's arguments, the court was well-versed on respondent's criminal and social history, was aware of respondent's multiple and diverse evaluations, and was aware of the community-based services that had been provided to respondent and that were still available. After having made every effort to keep respondent in the community for over two years, the court recognized all local resources had been exhausted and the protection of the public necessitated respondent's incarceration.
Respondent also argues there was insufficient evidence regarding programming available in DOJJ. The State presented a one-page summary of programs available at DOJJ based on conversations with four program administrators and the DOJJ website. The summary was admitted without objection and considered by the trial court. Not only did respondent indicate she had no objection to the prosecutor's summary, she did not include this issue in her motion to reconsider her sentence. She has, therefore, forfeited this issue. People v. M.W. (In re M.W.), 232 Ill.2d 408, 430, 905 N.E.2d 757, 772, 328 Ill.Dec. 868 (2009)
Page 1148
(forfeiture applies in delinquency proceedings). Further, we will not subject this issue to plain-error analysis, as we find no error in the procedure used here.
We find the trial court complied with the statutory requirements of the Juvenile Act in sentencing respondent to DOJJ. Further, based on the record before us, it is clear the court did not abuse its discretion in committing respondent to DOJJ.
B. Respondent's Social History Report
Respondent also asks us to address the propriety of the social history report prepared for the sentencing hearing. Respondent contends it was error to include the criminal histories of her mother, father, and stepfather in the social history, citing our decision in Raheem M . for that proposition. We take this opportunity to clarify and distinguish Raheem M . In Raheem M., defendant's father was incarcerated out of state. Raheem M., 2013 IL App (4th) 130585, ¶ 60, 1 N.E.3d 86. Defendant had no contact with his father. Id. The social history contained two full pages of violent offenses the father had committed. Id. ¶ 14, 2013 IL App (4th) 130585, 376 Ill.Dec. 753, 1 N.E.3d 86. The trial court linked the father's criminal history to Raheem's " mind-set," despite Raheem having no contact with his father, having been raised by his law-abiding mother. Id. ¶ 14, 60, 2013 IL App (4th) 130585, 376 Ill.Dec. 753, 1 N.E.3d 86.
We did not mean to imply the criminal history of a minor's family members is irrelevant to a proper disposition. The case before us is a perfect example of why such information is relevant. Here, Ashley C.'s mother and stepfather were both incarcerated at the time of the sentencing hearing. Clearly, they could not provide an alternative to incarceration for respondent. Ashley had limited contact with her father, who lived in Louisiana. The existence of his criminal record also was relevant to whether he was a viable placement for respondent. The undue emphasis placed on Raheem's father's criminal history, where his father had not raised him and where Raheem had had no contact with his father, and the implicit imputation of those wrongs to Raheem distinguish that case from the one before us.
Respondent also challenges the social history report's suggestion of a contempt sentence as a viable disposition. There was no adjudication of contempt in this case and we will not give an advisory opinion on that issue. See Condon v. American Telephone & Telegraph Co., 136 Ill.2d 95, 99, 554 N.E.2d 206, 208, 143 Ill.Dec. 271 (1990).
We affirm the trial court's judgment and its sentence of respondent to DOJJ.
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According to the futures for the Fed interest rate the probability of the rate hike in December has grown to 64.3% on Wednesday against 50% in the middle of last month.
Positive US macro-economic statistics released this week, have increased investors' expectations of the rate hike in December.
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decided: February 22, 1980.
COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF PUBLIC WELFARE, PETITIONERv.FEDERATED SECURITY, INC. AND COMMONWEALTH OF PENNSYLVANIA, BOARD OF CLAIMS, RESPONDENTS
Appeal from the Order of the Board of Claims in case of Federated Security, Inc. v. Commonwealth of Pennsylvania, Department of Public Welfare, Docket No. 469.
Kellen McClendon, Assistant Attorney General, for petitioner.
Michael D. Foglia, for respondent.
Judges Rogers, Blatt and MacPhail, sitting as a panel of three. Opinion by Judge MacPhail. This decision was reached prior to the death of President Judge Bowman. Judge DiSalle did not participate in the decision in this case.
[ 49 Pa. Commw. Page 412]
The Department of Public Welfare (DPW) brings this appeal from an order of the Board of Claims (Board)*fn1 entering judgment in favor of Federated Security, Inc. (Federated) and against DPW in the amount of $47,493 with interest. DPW raises two
[ 49 Pa. Commw. Page 413]
issues for our consideration: whether the Board lacked jurisdiction over these proceedings because Federated failed to file its claim within six months from the date when the claim accrued as mandated by Section 6 of the Act of May 20, 1937 (Act), P.L. 728, as amended, 72 P.S. § 4651-6, and whether, if the Board did have jurisdiction, its order was not in accordance with law. For the reasons which follow, we hold that Federated's claim was untimely and that the Board was without jurisdiction. Accordingly, we reverse the order of the Board and order that Federated's complaint against DPW be dismissed.
Section 704 of the Administrative Agency Law, 2 Pa. C.S. § 704, requires us to affirm the order of the Board unless we find that the order was in violation of DPW's constitutional rights, was not in accordance with law, was in violation of certain required procedures, or was not supported by substantial evidence. The factual history of this case is crucial to our decision.
The food stamp program is administered within the Commonwealth by DPW. On June 20, 1974, DPW and Federated, a corporation engaged in the business of providing security services relating to the receipt, storage, and delivery of tangible items, entered into a contract which provided that Federated would receive and store food stamps and would distribute them to specified banks. The contract, which was to run from July 1, 1974 until June 30, 1975, was in two parts: Federated was to receive $68,364 for delivering the food stamps and $16,740 for storing them over the twelve month period. Following commencement of the contract, a total of $58,430,000 worth of food stamps was delivered to Federated.
Between July and October of 1974, DPW was advised by Federated that there had occurred unaccounted for shortages of food stamps totaling $47,500.*fn2
[ 49 Pa. Commw. Page 414]
On October 17, 1974, DPW wrote a letter to Federated in which it discussed the shortages, advised Federated of a forthcoming audit of the food stamp inventory, and stated that Federated's outstanding invoices (for the months of September and October) would not be paid until the shortage problem was resolved.*fn3 In response to that letter, Federated orally informed DPW that it would make no more food stamp deliveries to banks until payment for those months was received. On October 30, 1974, DPW wrote to Federated stating that it was terminating the contract because Federated refused to make deliveries and because of the "corporation's poor performance thus far under this contract." Federated refused to relinquish possession of the food stamps it held until it received the payment it argued it was due, i.e. delivery and storage charges for September and October, 1974, and storage charges for all subsequent months. In December, 1974, DPW proposed that Federated reimburse DPW for the missing food stamps and turn over the remaining stamps to DPW. In return, DPW proposed to reimburse Federated for the September and October expenses in addition to storage charges between November and the date that transfer was made to DPW. Despite the fact that Federated said it would turn over the stamps to DPW upon payment of the costs accrued, an agreement between the two was never reached.
On March 23, 1976, Federated filed the instant proceeding before the Board seeking damages in the amount of $36,959.16 in addition to $1,395 per month
[ 49 Pa. Commw. Page 415]
plus 1 per cent service charge for each month that the food stamps remained in Federated's possession. On or about July 14, 1976, DPW filed a suit in replevin with the Court of Common Pleas of Allegheny County for recovery of the food stamps. The replevin action was later discontinued and Federated returned the food stamps to DPW in September. On or about November 12, 1976, DPW filed a suit in assumpsit in the Court of Common Pleas seeking to recover from Federated the value of the food stamp shortage. On October 25, 1978, the Board entered judgment for Federated on its claim and DPW filed this appeal.
DPW's first argument is that the Board lacked jurisdiction over Federated's claim because it was not timely filed. Federated, in turn, argues that the timeliness of the complaint was not properly at issue before the Board and is not properly before this Court because DPW failed to raise the statute of limitations defense by way of preliminary objections or new matter in the answer to the complaint and, therefore, waived the right to raise it later. See Pa. R.C.P. No. 1032. DPW asserts, however, that the six months limitation period goes to the subject matter jurisdiction of the Board and, therefore, is a non-waivable issue. Contrary to DPW's position, our Supreme Court in Department of Public Welfare v. UEC, Inc., 483 Pa. 503, 515-16, 397 A.2d 779, 785 (1979), made clear that the limitations period is not a matter of jurisdiction over the subject matter, but rather one of jurisdiction over the parties and, accordingly, that it is waivable. Before determining whether DPW did waive the limitations defense, however, we must determine which law applies.
The complaint in this proceeding was filed on March 23, 1976. The answer was filed on April 30, 1976. On both of those dates and until October 5,
[ 49 Pa. Commw. Page 4161978]
, Section 8 of the Act, 72 P.S. § 4651-8, read in pertinent part: "All hearings before the board shall be public and shall be governed by all of the rules of Pennsylvania Civil Procedure not inconsistent with this act." (Emphasis added.) On October 5, 1978, long after the pleadings had been closed and the hearing held*fn4 and only twenty days before the Board entered its order, Section 8 was amended to read, "All hearings before the board or hearing panel shall be public. All matters before the board or hearing panel shall be governed by all of the rules of Pennsylvania Civil Procedure not inconsistent with this act." (Emphasis added.) The prior Section 8 had been consistently interpreted to apply the rules of civil procedure only to hearings before the Board. See Stevenson v. Department of Revenue, 41 Pa. Commonwealth Ct. 618, 622-23, 399 A.2d 1180, 1182 (1979); UEC, Inc. v. Board of Arbitration of Claims, 12 Pa. Commonwealth Ct. 54, 58, 314 A.2d 521, 523-24 (1974). Despite the fact that 4 Pa. Code § 121.1 provided that "[A]ll proceedings in an action before the Board of Arbitration of Claims shall be, as nearly as possible, in accordance with the Pennsylvania Rules of Civil Procedure relating to the action of Assumpsit," we confined the application of the rules to hearings and did not extend them to pleadings or other proceedings before the Board. The law as it existed at the time that DPW was preparing to answer Federated's complaint, that is in March and April of 1976, clearly did not require DPW to raise the issue of the statute of limitations then or forever waive the right to raise it.*fn5 It would be entirely unjust for us to hold that
[ 49 Pa. Commw. Page 417]
DPW waived its right to raise the limitations defense because it followed existing law and failed to comply with a law enacted almost two and a half years following the filing of its answer merely because the new requirement was enacted three weeks before an order was issued in this case. Instead, we hold that Section 8 of the Act, 72 P.S. § 4651-8, as it existed prior to October 5, 1978 is applicable to this case and we further hold that DPW did not waive the right to raise the statute of limitations defense in the postpleading stages of this proceeding.
We now turn to the merits of the statute of limitations question. Section 6 of the Act, 72 P.S. § 4651-6, states that "The board shall have no power and exercise no jurisdiction over a claim asserted against the Commonwealth unless the claim shall have been filed within six months after it accrued." The Board found that Federated's claim did not accrue until the food stamps were transferred back to DPW in September, 1976, and that the claim was, therefore, filed in a timely manner. We disagree.
We have consistently held that for the purposes of Section 6 the jurisdictional period begins to run at the time that the cause of action accrues and that the cause of action accrues when the injured party is first able to litigate the claim. C. J. Langenfelder & Son, Inc. v. Department of Transportation, 44 Pa. Commonwealth Ct. 585, 592-93, 404 A.2d 745, 750 (1979); Allen N. Lashner, Inc. v. Department of Highways, 1 Pa. Commonwealth Ct. 486, 489, 275 A.2d 403, 405 (1971). A party is first able to litigate a claim when he or she knows the amount due under the claim. Penn-Jersey Contractors, Inc. v. General State Authority,
[ 49 Pa. Commw. Page 41812]
Pa. Commonwealth Ct. 203, 208-09, 315 A.2d 920, 923 (1974). The Board apparently interpreted this provision as requiring that all expenses be precisely and finally known before a complaint is filed. Accordingly, since the amount in question here could not have been known until DPW removed its food stamps from Federated's control the Board found that the claim would not accrue until that date. There are two flaws with that analysis.
First, from the date that DPW indicated to Federated that DPW would withhold payment from Federated until the food stamp shortage was reconciled, October 17, 1974, there was never any doubt concerning how much Federated was owed. On that date and on October 30, 1974 when DPW terminated the contract, Federated was due delivery and storage expenses for September and October amounting to $11,223. Subsequent to October 30, Federated would have been owed $1,395 per month for storage. The only question was how many months Federated had stored the stamps. A simple mathematical computation by the Board could have resolved such a question.*fn6 We need not decide whether Federated's claim actually accrued on October 17, 1974 or October 30, 1974 since neither date falls within six months of March 23, 1976, the date on which the complaint was filed.
Second, it would be highly inequitable to allow Federated to determine its own statute of limitations merely by refusing to relinquish possession of the stamps. It is undisputed that DPW had tried to
[ 49 Pa. Commw. Page 419]
make arrangements for the removal of the food stamps and that Federated would not cooperate until it received what it believed it was owed. Irving L. Barmak, President of Federated, made clear at the hearing why Federated did not return the food stamps to DPW. In answer to the question "[I]f your corporation didn't want the stamps, why didn't they just tell the Commonwealth to come pick them up?" Barmak responded, "Well, we felt that if we held the stamps till our money was paid, we would get paid. In other words, we trusted the Commonwealth like they trusted us." N.T. 181 (March 22, 1977). It is regrettable that Federated feared that it would never be paid if it returned the food stamps to DPW. Such a fear, however, did not justify Federated's taking the matter into its own hands and, in effect, holding the food stamps as ransom until it was paid. The correct procedure, of course, would have been for Federated to file a complaint with the Board of Claims within six months from the accrual of the cause of action.
Based upon the facts of this case and the law as it is to be applied to those facts, we hold that Federated's complaint against DPW was not filed with the Board in a timely manner. Accordingly, we reverse the order of the Board and order that the complaint be dismissed.*fn7
And Now, this 22nd day of February, 1980, the Order of the Board of Claims entered on October 25, 1978, is reversed and the complaint of Federated
[ 49 Pa. Commw. Page 420]
Security, Inc. against the Commonwealth of Pennsylvania, Department of Public Welfare is dismissed.
This decision was reached prior to the death of President Judge Bowman.
Judge DiSalle did not participate in the decision in this case.
Reversed. Complaint dismissed.
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After years of struggling along with a computer with embarrassing specs and tossing all my money into hardware toys that will definitely hold their value for the long haul, I've got to say that upgrading to a Quad Core processor equipped computer has been amazing. It's been a gift from God. It's been sunshine on a cloudy day. (Alright, that's enough. You get the idea!)
I have to be the only person on earth who upgraded from a computer as ancient as my Athlon 64 2800 to an Intel Quadcore Q8200. According to various benchmarks I've read online, it appears my Quadcore is between 9 and 14 times faster than my previous computer. With my previous computer I could get maybe 1-2 instances of Amplitude if I had 10-12 tracks of drums with typical processing at 160 samples latency before I ran into problems with glitches and such. With the Quadcore I got bored after tossing 8 instances up and I wasn't anywhere near close to maxing out the processor.
- It's been so amazing that it makes we want to mix more.
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- Utilities even run faster. Programs such as Razorlame, my MP3 conversion software, run about 10x faster.


text:
Flash Game Interweb Mashup: Blogs, Sites and Game reviews,Thursday Aug 20, 2009
Flash Game Interweb Mashup:
Blogs, Sites and Game reviews,Thursday Aug 20,
This is a combined Blog / Site Mashup as well as a Mochi Game review
Mashup all in one. I figured why not try to do as many of
these as possible, as often as possible There is more to life than just
games, and there's more to games than just blogs. Let's see how this
plays out. I'd love to do this daily, but time is limited, so it might
be every other day. Mochi has gone ahead and changed up the Publisher
page to highlight coins and featured games, while literally burying the
"new games" so far down the page that most people will never get there.
Alas, I cannot be fooled, so I will trudge through the sea of "me
too's", "dress-up games", and "laser-dodgers" to find some hidden gems
(and some not so gem-like).
Let's start with the games. Here are the titles on tap for today:
8bitrocket Game Of The Day:
8Bit Junkie
SWEEEEEEET! Not a Mochi Game today, but a fun retro inspired action
game. Using your Pac-man like character, you must eat all of the green,
blue and purple classic characters and void the red ones. The game play
is pretty good, but the entire atmosphere puts me into a retro-arcade
on the 80s mixed with some Jeff Minter Zarjaz. It's a fun little game
with an awesome atmosphere.
(8bit Junkie is a Paul Stamp
Mochi Game Mini Reviews:
Cubes R
Square: A relatively simple
looking, but ultimately pretty difficult puzzle game. You are tasked
with removing colored cubes and their adjacent neighbors from a line of
cubes at the bottom of the screen. Your score is based on the square
(math) of the number of cubes you eliminate. There are quite a few
special (good and bad) cubes and one that cubes your score (more math)
rather than squaring it. The puzzles are based on removing all of the
cubes (good and bad - but bad removes some of your score too) to
complete a level. This is a nice, well made game. I had to play a few
times to really get it, but then again, I'm an idiot. so most people
will take to this one pretty easily. Grade
3D: Part 2: This is sliding
match-3 puzzle, played at a sort of 3-D perspective (really iso). It
looks pretty, but there is no sound to speak of. The way matches are
completed is a new idea (at least to me). You move entire rows and
columns and try to match up colored squares with other rows and
columns. You don't just swap to pieces. This makes for some interesting
game play. Grade B
DX: A first-person (well 3rd,
from behind) snowboarding game. This is is a visual and sonic treat.
The controls are a little difficult to get used to, but for the most
part they work great. We are now starting to see games that reach the
PS1 level of quality on the Flash platform. This one isn't quite there
yet (Maybe Jaguar/Early Saturn quality), but is certainly is the best
Flash snowboarding game I have played. Grade
FG Filler:
Your job is to fill the screen with Blue Balls (sic). Watch out for the
red balls as they will destroy your blue balls if they collide during
creation. I call all of these games Qix games (because that was the
original filler in in the early 80's). This isn't a bad little game,
but there is not enough special about it to really make it stand out.
Grade C+.
A pretty good version of the Microsoft Windows time sapping classic.
There are quite a few options for creating your own game with different
board sizes, difficulty, etc. I dig the effort. It's simple, might have
IP issues (I don't know the trademark on the name), but all in all, it
is kind of fun. Grade C+.
A sweet little mouse avoider style game with some nice custom music (a
really decent song). It's done well and has good elements. It is a
little like other games, but I really appreciate this attempt to make
is different in some with with little touches of Mintereque zarjaz.
There are places where it could use some visual upgrades though. Game
Grade B-. Song Grade B+.
to Kill: This has to be the most
difficult defense game I have ever played. You are a guard, defending a
bank from zombie looking robbers. You have the worst gun in the history
of guns (it can be upgraded though) and the robbers all have unlimited
supplies of weapons and grenades to throw at you. It doesn't look like
much and really doesn't play like much. There is a way to upgrade, but
I never made it that far because my gun hardly ever fired and hit an
attacker. It needs some work in all areas, but it looks like a lot of
code was put in to get it this far. Grade
: Hmm, it looks a lot like Atari classic (and the Neave Flash version),
and some of the original sounds are sampled. But some of the sounds are
just plain crap. Why sample some and not others. Actually, why re-make
the exact game with some sounds and not others, I mean were you really
concerned about the IP issues with just the shooting sound. Anyway, as
much as I like retro games and Asteroids, exact duplicates (even with
one sound replaced) are ripe for legal issues.Nice coding job though, Grade
Runner: God I was hoping this
would be better than the last Asteroids game, I was wrong. It is ok,
but odd. You must dodge falling asteroids as you move up the screen.
Inexplicably, at some points you earn a "charge" that you are supposed
to be able to use to destroy some of the rocks. I never got it to work.
At least the asteroids are not stolen IP, but they do look like soccer
balls in some ways. Grade
By the way, Mochi seems to have some ROS (run of site) Vlassic Pickle
ads now. I have not seen those since between commercial Knight Rider
and Chips episodes in the early 80's.
/ Sites / Etc
Rev Share Enabled Games - If you
are a publisher, reluctant to add Mochicoins games because of the
potential for player to leave your site, you can now be compensated if
you add Mochicoins Rev Share enabled games to your site. There
are 6 up now with more to come.
"RTFA" for questions =).
Once Upon A Time In Flash Development
Part II -Vortixgames' Vlad gives
his take on the Greg v Ryan argument with own discussion of developer
practices and maturity levels. Of course many new developers want cash
for little work...don't we all though?
Takes on Sponsor Click Through Rates:
I like Porter because he wants to create retro-style games ( we do
to!). Anyway, Porter finds some interesting views on the value of
traffic, unique games, and CTR in this nice article.
Speccy Game Bible!: Rich, over
at Photonstorm, has a review up concerning this series of great books
on Spectrum games. The books cover 1982-1993 and 1200+ games. Nice
find, Rich. This is the type of material that ALL game developers
should be reading.
The average game is now 35, fat and
bummed - so says MSNBC from a
poll given to fat, bummed Seattle Tacoma residents.
If you hate AS3, then this thread is
for you - People mostly hate AS3
because it makes time line and embedded clip coding a fuck-nutsy
experience. If you are like me, and you like to build applications and
games with pure code, then AS3 rocks. It is obvious to me
that there are large camps on both sides of the issue. Neither is wrong
because both use code for completely different purposes.
Flash CS4 Still Crash For You?-Icky
G. (The Dime Man) has it running smooth as a kitten after the latest
Useful Flash APIs and Tools
-Lorenz has put together a very nice list of 3D, Multiplayer, physics,
IDE, tweens, and other tools that can really help you get the job done.
HitTest behaves with scrollrect:
-Jobe has discovered some interesting things about hit testing with a
scrollrect. Basically, you can't hitTestPoint outside the boundaries of
the scrollrect and expect to get accurate results. See Jobe's example.
I never use scrollRect, I just offset the point and use the
BitmapData.hitTest. I don't think this will work for Jobe, but I like
to write things that are in my head (obviously).
Open source AS3 Isometric Engine
- Emanuele has an entry with the details on this sweet little piece of
code from Djibril Tavares.
little Off Topic:
latest version of Retro Gaming Times
- Alas, I didn't make the Atari Playfield article this time - damn
book, salting up my game.
Way Way Off Topic:
Total Eclipse OF The Heart (As
Performed By The Dan Band in Old School) - Flow Charted and diagrammed
for convenience sake.
The Ten Coolest Cartoon Cars Of All
Time - The
Tom Slick car and and Mach 5 are awesome, but the car from the Ambiguously
gay Duo?
Beck's Loser, the Literal Video
Interpretation! I always knew
that was death with his shirt off.
always, hit www.flashgameblogs.com
for your daily does.
Enjoy this article?
No trackbacks yet.


text:
Here's a beautifully painted porcelain dresser jar with a hedgehog on top. The diameter is 3" and it is 1 3/4" high at the highest point of its domed shape. The hedgehog is surrounded by grass and pretty flowers and around the side are more flowers, especially bluebells. It is signed on the side by Una Thompson - but I haven't found any information about her as yet. The condition is very good, just some slight nicks on the bottom rim and a slight indent on the dome of the jar, which had to have happened in the making.
Clearly a hedgehog lover's dream box. What's not to like?
4 other shoppers have this item in their Cart or Wish List .
This exciting store is an eclectic "Curiosity Shop" for the Lover of wonderful old things.
Can we help pick a unique and wonderful gift? We wrap it too if you like. Or maybe something just for you?
|Shipping & Handling :
Price for shipping to USA
change location
USPS First-Class Mail Parcel


text:
Star Wars: A Long Time Ago... Volume 2: Dark Encounters
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Star Wars: A Long Time Ago... Volume 2: Dark Encounters, also marketed as Classic Star Wars: A Long Time Ago... Volume 2: Dark Encounters, is the second volume in the Dark Horse Comics trade paperback collection of the original Marvel Comics series of comic books. It was published on June 5, 2002.
Publisher's summaryEdit
A collection destined for a place on every collector's shelf. Classic Star Wars: A Long Time Ago... features classic Star Wars stories not seen in over twenty years! Originally printed by Marvel Comics, these stories have been recolored using today's computer technology, giving "old" work a fresh face. Volume 2 collects issues 21-38 and the first Annual of the original Marvel run and contains such riveting classics as Crucible and the unforgettable What Ever Happened to Jabba the Hut?
Collected issuesEdit
- Star Wars 21: Shadow of a Dark Lord
- Star Wars 22: To the Last Gladiator
- Star Wars 23: Flight Into Fury
- Star Wars 24: Silent Drifting
- Star Wars 25: Siege at Yavin
- Star Wars 26: Doom Mission
- Star Wars 27: Return of the Hunter
- Star Wars 28: What Ever Happened to Jabba the Hut?
- Star Wars 29: Dark Encounter
- Star Wars 30: A Princess Alone
- Star Wars 31: Return to Tatooine
- Star Wars 32: The Jawa Express
- Star Wars 33: Saber Clash
- Star Wars 34: Thunder in the Stars
- Star Wars 35: Dark Lord's Gambit
- Star Wars 36: Red Queen Rising
- Star Wars 37: In Mortal Combat
- Star Wars 38: Riders in the Void
- Star Wars Annual 1: The Long Hunt


text:
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November 14, 1983
SEDIMA S.P.R.L., Plaintiff, against IMREX COMPANY, INC., GIDON ARMON, and JACK ARMON, Defendants.
[November 14, 1983]
GLASSER, United States District Judge:
This suit arises out of the allegedly fraudulent activities of defendant corporation, a New York exporter of aviation parts, in its dealings with plaintiff, a Belgian supplier of equipment to aerospace and defense industries. The two companies entered into a joint venture for the purpose of supplying component parts to a European customer. Defendant allegedly sent inflated copies of purchase orders and credit memos to plaintiff, thereby receiving reimbursements from plaintiff in excess of its actual costs. Defendant has now moved to dismiss plaintiff's complaint to the extent that it seeks recovery under the Racketeering Influenced and Corrupt Practices Act (RICO), 18 U.S.C. § 1962. For the reasons set forth in this opinion, defendant's motion to dismiss is granted.
To recover under RICO, plaintiff must allege that the defendant, through the commission of two or more acts constituting a pattern of racketeering activity, invested or participated in an enterprise, the activities of which affect interstaste or foreign commerce. 18 U.S.C. § 1962.
In addition, the plaintiff must allege that he was "injured in his business or property by reason of a violation of Section 1962." 18 U.S.C. § 1964(c). Plaintiffs who successfully allege RICO violations can recover treble damages, including reasonable attorneys' fees. 18 U.S.C. § 1964(c). In the instant suit, plaintiff alleges that the mailing of fraudulent purchase orders and credit memos by defendant constituted predicate acts upon which a RICO claim can be based.
Most of the grounds asserted by the defendants for dismissing the RICO complaint have been rendered inapposite by the Second Circuit's recent opinion in Moss v. Morgan Stanley, Inc., 719 F.2d 5 (2d Cir. 1983). The court stated that: (1) RICO claims need not be grounded in allegations that the defendant is affiliated with "organized crime;" and (2) the racketeering enterprise need not have an economic significance apart from the pattern of racketeering activity. Id., slip op. at 6340-45.
The focus of this opinion thus shifts to one of the defenses not addressed in Moss: failure to allege properly a RICO-type injury. Several courts have stated that in order for an injury to be "by reason of a violation of Section 1962," something more or different than injury that would result from the predicate acts must be shown by the plaintiff. See Bankers Trust Co. v. Feldesman, 566 F. Supp. 1235, 1240-42 (S.D.N.Y. 1983); North Barrington Development, Inc. v. Fanslow, 547 F. Supp. 207, 210-11 (M.D. Ill. 1980); Landmark Savings & Loan v. Rhoades, 527 F. Supp. 206 (E.D. Mich. 1981). Underlying this argument is the concern that RICO "was simply not intended to provide a plaintiff with a windfall recovery for ordinary injuries that are otherwise compensable." Bankers Trust, supra, 566 F. Supp. at 1241. See also Trane Company v. O'Connor Securities (No. 83-7336), slip op. at 6543 (2d Cir. 1983) ("a growing number of courts have held that private civil RICO actions cannot be used to turn garden-variety Securities Law violations into racketeering violations under RICO").
Those courts that have embraced the "RICO-type injury" analysis have required a showing of either a "racketeering enterprise injury" or a "competitive injury." A racketeering enterprise injury occurs, for example, where "a civil RICO defendant's ability to harm the plaintiff is enhanced by the infusion of money from a pattern of racketeering acts into the enterprise. Landmark Savings, supra, 527 F. Supp. at 209. A competitive injury occurs where the plaintiff is forced to compete with an enterprise that has gained an unfair market advantage through the infusion of funds from racketeering activity. North Barrington, supra, 547 F. Supp. at 211.Both constructions find some support in the RICO statute itself. The statute was modelled in part after the antitrust legislation, see Harper v. New Japan Securities Int'l, Inc., 545 F. Supp. 1002, (C.D. Cal., 1982); 113 Cong. Rec. 18,007 (1967), under which recovery has been similarly limited by the case law to instances of "antitrust injury."
For purposes of the question before me I need not determine which of these two constructions is more appropriate, since plaintiff's claim fails under either one. I find no allegation here of any injury apart from that which would result directly from the alleged predicate acts of mail fraud and wire fraud.To permit the RICO claim to stand under such circumstances would represent an unwarranted extension of the statute's coverage that is not supported by the case law.
Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, those counts in plaintiff's complaint that allege violations of RICO are dismissed.
[November 18, 1982]
The order of this Court dated November 14, 1983 dismissing plaintiff's RICO claims in the above captioned matter is hereby amended as follows:
Pursuant to Rule 54(b) of the Federal Rules of Civil Procedure, this Court determines that there is no just reason to delay the appeal from the dismissal of the RICO claims and directs that the dismissal be entered as a final judgment.
Should plaintiffs appeal this order, they are directed to seek an expedited appeal. Trial of the remaining claims in the above-captioned suit shall be stayed pending the determination of the appeal. Counsel for the plaintiff is directed to advise the Court of the filing of an appeal and of the determination thereof.
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LW821 In-line Relay (500W Volt free)
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- Product Information
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text:
Chat with Michael Rothstein
Welcome to WolverineNation! On Thursday, reporter Michael Rothstein stops by to chat about the state of Michigan football.
Rothstein joined ESPN.com in 2011 after covering the University of Michigan for AnnArbor.com, Notre Dame for the Fort Wayne (Ind.) Journal Gazette and a host of colleges for the Daily News-Record (Harrisonburg, Va.). A Syracuse graduate and an East Meadow, N.Y. native, he lives in Ann Arbor, Mich.
Send your questions now and join Rothstein Thursday at noon ET!
More Michael Rothstein: @mikerothstein | Search | email@example.com | Blog
Michael Rothstein (12:01 PM)
Hey everyone and welcome to the Madness of March. Conference tournaments are underway, the Big Ten is still up for grabs.Oh and Pro Day and spring football are a week away. Let's get at it.
Chris Fiegler (Latham,NY)
Who will be the Running Backs & the Starting Quarterback for Michigan in 2013?
Michael Rothstein (12:04 PM)
Chris, Barring something crazy, Devin Gardner will be Michigan's starting quarterback. The running back is a bigger question and won't be answered until the fall when Fitzgerald Toussaint can theoretically come back from injury and freshman Derrick Green gets on campus.
John (Ann Arbor)
Does the NPOY straw poll account for yesterday's game with Georgetown losing and Michigan winning?
Michael Rothstein (12:05 PM)
Poll ballots were due at 5 p.m. on Wednesday, so before both of those games. Last night helped Burke, I think, although so much of his candidacy, along with Porter and Oladipo, will come down to this weekend. Georgetown plays Syracuse on Saturday. Michigan-Indiana on Sunday. A massive game from one of those guys this weekend could push them over the top.For now. Ballots for the four awards are staggered over the next month so with the closeness of this race, who knows how it will shake out.
Andrew (Farmington Hills)
I just made a bet with a Sparty friend of mine that Michigan will go farther in the NCAA Tournament then MSU will. Please tell me I made a good move. Who do you think goes farther?
Michael Rothstein (12:07 PM)
I would not have done that until you see the brackets. This year more than others, matchups are going to be critical. For Michigan State, an athletic team that can run and rebound will be an issue. For Michigan, a good 3-point shooting team with decent transition defense could be a problem.
JEK (Philadelphia)
How do salaries of big 10 coaches, esp top football programs, stack up to SEC? Will we see more defections of good coaches?
Michael Rothstein (12:08 PM)
On the whole, SEC coaches seem to make more money than the Big Ten counterparts -- especially on the coordinator and assistant coaching level. I think you could see more defections, but it depends what the coaches are looking for, too.
scott (new york)
can cuse beat michigan when it comes to tournament time?
Michael Rothstein (12:10 PM)
Potentially. Jim Boeheim has never lost to John Beilein, but this year might be the first time one of Beilein's teams has more talent than one of Boeheim's. Syracuse appears to have some major offensive issues right now, which would play well for Michigan. If the two teams were playing today, I'd take Michigan.
Matt (Ann Arbor)
We have a list of some football recruits that will be at the game Sunday...What basketball recruits will be there and where does Michigan stand with some 2014 recruits?
Michael Rothstein (12:11 PM)
Devin Booker, one of Michigan's top targets, is expected to be in attendance. Still trying to track down some other names.
Jon (MN)
What is going on with the poor play of the BB team? Almost losing to Purdue, is not the way you want to play going into the tourney. Thoughts?
Michael Rothstein (12:12 PM)
Same thing that has been an issue for much of the year. Defense outside of Burke is still an issue. Michigan still isn't rotating well on screens and losing shooters on the wings and in the corners. They are also collapsing the middle in a way that gives the driver an easy dish out to the wing. That's the main thing and still something I think will be an issue in the tournaments.
Steve (Madison)
You said you voted Porter over Burke befoe last nights game for POY. I've never seen "Porter" play (don't even know his first name), but I don't see how anyone can beat out Trey Burke. He is so good. Did last night change anything for you?
Michael Rothstein (12:14 PM)
Porter's first name is Otto and you should really watch him play. He is fantastic and going to have a bright NBA future as well. This poll was the first time in a while I haven't voted Burke in the top spot, but I would have again this morning. He consistently amazes me. Oh, and colleague Jason King can attest to this if we can dig up the video. In the preseason, I said Trey Burke was a guy to watch to win this whole thing. Sometimes squirrels and nuts, huh.
Jon (MN)
Biggest position battles on Offense and Defense? What position, what players are in the running and who do you think will win them?
Michael Rothstein (12:16 PM)
I'll have something on this next week but a quick hit. On offense it is the interior of the offensive line (because the running back will assuredly go into fall camp as a question mark). A bunch of guys are fighting for three slots at the two guards and center. On defense, the intriguing one to me is at the WILL linebacker, where you have James Ross III and Desmond Morgan. Depending who wins the job, it could also have an impact on who plays middle linebacker in the fall. Watch that one closely.
Brandon (Wisconsin)
During the Ohio State vs Indiana game the announcers kept saying the BIG Ten POY is simply between two guys Thomas (OSU) and Oladipo (IU), None of them mentioned Burke, how is that even possible?
Michael Rothstein (12:16 PM)
I never heard that. But Trey Burke is absolutely in the conversation. Truthfully, DeShaun Thomas probably should be getting more attention, though. He is a dynamic player.
SteveMcQueen (Austin)
Do you know if Urban Meyer ever had his recruiting talk at the Big Ten meetings? How did that go over? Kind of seems like we may head back to Big 2/Little 8 with how the recruiting is going.
Michael Rothstein (12:19 PM)
They talked, but it wasn't about recruiting. As far as the second point, I don't think Wisconsin or Penn State (O'Brien can flat coach) will go quietly. Same with Michigan State. But from a recruiting standpoint it feels like that a little bit.
Steve (Madison)
Do you think Taylor Lewan returning this year or Devin Garder's redshirt is a bigger deal for Michigan? Obviously Lewan is bigger for this season because the redshirt for Devin only makes a difference next season. Both help by having great players for an extra season, and by giving the younger guys another year to develope.
Michael Rothstein (12:20 PM)
Lewan without a doubt, if for no other reason than just because Gardner was granted the redshirt, it doesn't mean he'll use it. He is on pace to graduate in May and if he has a good year next year, he could leave if he wants. But if he does return for 2014, that's a major, major plus.
Alex (Michigan)
What is your gut feeling: do GR3 and/or THJ leave for the NBA after this season?
Michael Rothstein (12:22 PM)
Unsure. Neither one has really discussed it at all. If they both returned, Michigan would obviously be better for it. If you are Michigan, the case you make to the two of them goes something like this: Hardaway -- Come back and you could end up scoring over 2,000 career points and if you reach a Final Four, maybe leave a legend at Michigan. Robinson III -- Look at what a second year did for Burke. You still have a lot of room to grow, so take advantage of that. But I'm not sure what either one would do.
Alex (Michigan)
It seems like Michigan's 2013 football team is more talented, more experienced and more stable than the 2012 team. Combine that with a lighter schedule and I don't get why people aren't putting Michigan into the top 15 of preseason polls, especially given how tough they played a top 10 S.Carolina team.
Michael Rothstein (12:24 PM)
Michigan still has a lot of questions. The potential is there, but until there is an idea of who will run the ball, who will be blocking on the interior, how the full transition to the pro style offense goes or how the defensive line is going to shake out. Michigan has the chance to be very good next season, but those questions need to be answered first.
Doug (Holland)
What will the football team miss more with Montgomery's departure?Coaching on D or his recruiting?
Michael Rothstein (12:25 PM)
Recruiting and it isn't close. Montgomery was a good coach, but Michigan has both Brady Hoke and Greg Mattison as defensive line coaches to help there. But recruiting, that is going to leave a hole for a little while despite Roy Manning's hire.
Matt (Ann Arbor)
A 1 seed is always something that is a talked about and is a big deal to fans. However, I think with the way we have played at home compared to road games it would be better for Michigan to be a 2 or even 3 seed in the Midwest or East as opposed to a 1 or 2 out west. Do you think that is true?
Michael Rothstein (12:27 PM)
If Indiana gets the No. 1 seed in the Midwest, I don't think you would see Michigan in the Midwest as well. Going east wouldn't be bad for the Wolverines but at this point it doesn't matter where they go. They just need to play. Michigan did well in neutral court situations earlier this year.
Steve (Madison)
How many other teams have reporters with espn that do these chats? Is it just the teams that have their own recruiting nation site or are there others? Just curious.
Michael Rothstein (12:29 PM)
Not sure about that answer. But Alex, who covers Alabama, is also chatting now if you want to go ask him stuff too.
Matt (Ann Arbor)
Am I the only one that is tired of the Clowney hit? I don't see what is so special about the play. He was UNBLOCKED, and DE would have made that tackle and if V. Smith has his chinstrap on right then the helmet doesn't come off and the replays of the hit are done the day after the game! Clowney is obviously an awesome player but this hit is so over hyped!
Michael Rothstein (12:30 PM)
It was an impressive play and an impressive looking play. Unblocked or not, the reaction time from snap to hit was jaw-dropping.
Randall (Cleveland, OH)
Is Michigan a top-10 basketball team next year w/ youngster Derrick Walton at the PG spot, in place of our beloved Trey Burke? Will a freshman PG slow this team's development? Will Hardaway stick around?
Michael Rothstein (12:41 PM)
A freshman point will slow things a bit for a little while, although I am of the opinion Walton is really, really good. Burke good? Probably not, but Burke is the potential Player of the Year nationally. But Walton has strong potential. What happens with Michigan next season will all lie with who returns and who goes. If everyone comes back (other than Burke), Top 10 is certainly possible. If there are a lot of defections, maybe a small drop-off. But Michigan does have talent coming in with Derrick Walton, Zak Irvin and Mark Donnal. Good class.
Josh (Ann Arbor)
You think roy manning will fill in good for jerry ??? with his recruiting and coaching skills ??
Michael Rothstein (12:45 PM)
I think he's a young coach who knows Michigan and has the potential to be a good position coach and recruiter. He knows how to coach outside linebackers having played the position at Michigan. Recruiting-wise, I've been told he's personable and that's such a big thing with recruiting. Will he immediately be as good as Montgomery in recruiting? Probably not. But he has potential to get there.
Mike (Detroit)
What are chances to be playing in March in Palace of Auburn Hills?
Michael Rothstein (12:45 PM)
Pretty good if it has a Top 3 seed. Can't ever say for sure, but Michigan would seem to have a good path there.
Michael Rothstein (12:47 PM)
Hey, I'm around for about 10 more minutes so get those final questions in for the week!
Josh (Ann Arbor)
you think michigan can beat louisville .. IF louisville is number 1 seed and michigan number 2 seed in final four .. because they both have final four potenial ??
Michael Rothstein (12:50 PM)
Depends how Michigan plays. If it is the Michigan team that defends off screens, the Wolverines could play with any team in the country. If they defend like they did against Penn State, Purdue, etc., etc., it'd be a tough go. With Louisville specifically, Dieng would be the big key because I'm not sure Michigan could deal with what he brings combined with Chase Benahan. The backcourt matchup would be fun to watch, though, with Burke/Hardaway Jr. vs. Siva/Russ Smith. I would tune in for that.
Matt (Ann Arbor)
What are the chances Ferns puts one of his t-shirts in Deshawn hands suitcase while he is in Ann Arbor? If he has the shirt he has to commit to us doesn't he? :)
Michael Rothstein (12:52 PM)
Hahahaha. I don't think it works like that, but that would be funny just for the exchange that could occur.
Aaron (Kalamazoo)
If you had to guess, which sophmore or redshirt freshman will have the biggest impact on offense? (Not oline)
Michael Rothstein (12:54 PM)
Due to need, tight end Devin Funchess. He has the potential to be a breakout player next season with a full offseason of conditioning and work with Dan Ferrigno. I'd start there, but that's obvious. Of guys who didn't play last year, look at WR Jehu Chesson and DL Willie Henry. Both impressed their teammates throughout the season on the scout team and could make major pushes up the depth chart this spring. Chesson, depending how it goes in a battle with Amara Darboh and others, could start at WR this year.
Mike (Detroit)
Where do you think Denard ends up in the NFL? (position)
Michael Rothstein (12:55 PM)
Wide receiver. Once he figures it out, kick/punt returner.
Josh (Ann Arbor)
Sence you seen both backcourts play .. what backcourt you think is better ??? Louisville or Michigan
Michael Rothstein (12:57 PM)
Michigan, but not by a ton. I'd take Burke over Siva and Russ Smith over Hardaway Jr., but I think the unpredictability of Russ Smith gives Michigan the edge. I don't think there's another backcourt in the country that could really come close to those two.
Matt (Chicago)
It seems that the last two classes Michigan has taken have been filled with guys who recruit their peers heavily. I know that recruits influence other recruits but it seems like Michigan is getting guys who do it consistently from class to class. Are there other schools out there using the same kind of outreach as well as Michigan?
Michael Rothstein (12:58 PM)
I think things like that have gone on forever at schools all over the country. You're just seeing it more and hearing about it more because it is all done more publicly over Twitter and Facebook and the increase in recruiting coverage. But guys wanting to play with other guys in college has happened for years.
Mike (Detroit)
Better high light defensive play. Burkes Steal vs MSU? Tayshans Prince's 2004 Block vs Indiana?
Michael Rothstein (1:01 PM)
I would go with Hakim Warrick's block of Michael Lee at the end of the 2003 national championship game to give Syracuse the win, but that's because of the implications. I'd say Prince's block of the two, though, because it was in the playoffs.
Michael Rothstein (1:01 PM)
Well, that's my time for this week. Thanks to everyone for the great questions. If I didn't get to yours, drop me a note on Twitter @mikerothstein or on WolverineNation at http://www.wolverinenationespn.com.Have a great weekend and enjoy the good basketball to come!
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