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2nd century AD (Vae victis!)
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Wars of Christian Expansion
As Christianity continued to rise and dominate the cultural and political structures of the Parthian Empire, Armenia, Galatia, Capadoccia, and Egypt, the nations entered a kind of "Alliance." While it was hardly official, the royal families of each nation were friendly with each other, and worked to spread Christianity across the remainder of the Near East. Galatia and Capadoccia were particularly close, with several royal marriages between them. As the second century dawned, the five Christian states began to become more violent with their attempts to expand Christianity. By 114 AD, these Egyptian attacks began to evolve into a full blown border war, quickly joined by the other Christian nations.
Egypt was the first to officially deploy its army, and the other christian nations quickly followed suite. Capadoccia and Galatia quickly began to focus on the Macedonian free regions of Anatolia. Armenia - which was the least devout nation by far - only invaded a half dozen small states bordering it, leaving the Parthians, and the Egyptians to take care of the rest of the near east. Both of there armies, while out of practice, were far more effective than any resistance the disunited states could put up. Quickly, their armies tore through the area, and after 8 years of fighting, most of the Near East was under the control of Christian rulers. The five initial Christian states also greatly expanded their influence, and saw their power, and the power of their region, grow dramatically.
Gaulic Disorder and the Creation of Ambactoismos
Independent of the Christian wars in the near east, the Gauls had their own troubles around the same time. The trouble started in 124, when a small revolt started in Paris. Normally, a revolt like that would have been crushed quickly, but after around 10 years of peace, the Empire was completely unprepared for it. While the the violent part of the revolt died within weeks, riots and other civil unrest continued for years. While various officials, including the Emperor, Welcrew, tried to intervene, nothing worked until 129. In that year, Welcrew asked to meet with various leaders of the so called "revolution," which at this point had spread to Normandii, as well as the less populated space between the cities.
During the council, which was held in Orleans, an agreement was reached: The Gaulic Empire would remain intact, but variously parts of it would be self governing, to an extent. Though it took almost three year to hammer out the details, eventually, 8 "Cheifdoms" were formed, mostly in the eastern half of the nation. This left about 1/3 of the land in the Empire under control of Welcrew, while the other 2/3 was spilt between 8 chiefs. This actually worked incredibly well, at least at first. Welcrew and his successors got the same amount of taxe revenue, and could still raise armies, but were spared the day to day administration of large parts of their Empire. The Cheofdoms, meanwhile, got to enjoy self governance, but also got the protection and infrastructure of the larger Empire.
While it was a good deal at the time, this deal would eventually set the scene for Decentralization, (later known as Ambactoismos) a phenomenon that would dominate most European nations until well after 1000 AD. Basically, whenever a monarch's power grew weak, they would follow Welcrew's example and take their kingdoms apart. While these moves would almost always work in the short term, in the long term they reduced most of Europe into useless states, where most kings could do little to control their kingdoms. In the long term, this would hurt the continent in its competition against the Near East and Asia, and for much of its history set it dramatically behind its neighbors. Overall, this Gaulic Disorder was much more than it seemed - it more or less created the system Europe would use for the next millennium.
The Conversion of Carthage
After the war of Christian expansion, Carthaginian trade in the east Mediterranean became exponentially more profitable. The captured port of Alexandria became an extremely rich city, and while records are lost to history, there is speculation that Alexandria surpassed Carthage itself in wealth. The beginning of Carthage's conversion to Christianity started in around 134 AD, when successful merchants in Egypt began to convert to gain better relations with the local populace. While most of these initial conversions seem to be more abut profit than faith, some were apparently genuine. As a result, the religion quickly became a minority religion in various Carthaginian cities, including Carthage itself. While this didn't have any initial effects on Carthaginian culture, as it grew several notable families began to follow the religion, and in 158 AD, brought it to the attention of Hannar.
When the religion was brought before Hannar, he was icy to the idea. He didn't particularly like the new religion, and saw no reason the confer this nation. However, he second son, Hacor, saw the value in accepting the religion of their largest trading partner. In addition, and probably more importantly to his desicion, he saw an opportunity to gain power for himself. After much deliberation, he was able to gather a group of powerful nobles together to stage a coup against Hannar. In 159 AD, the coup was carried out. Hacor and his allies quickly killed Hannar, and Hacor's older brother. While the precise time frame is unclear, Hacor quickly managed to gain the throne, and secure his position. While there are records of a power struggle for several months after the coup, it is clear that Hacor was able to put any resistance down effectively, leveraging his popularity and newfound power.
By 160 AD, Hacor was in complete control of Carthage and ready to convert the nation. Instead of a simple declaration, as had been done across the near east, he began by converting himself, and sponsoring the building of churches. After this, he began to convert merchants and other wealthy families in greater numbers, essentially making it so that by 170 AD, most members of the upper class were Christians. Slowly, this began to filter down to the lower classes, and through various incentives and some instances of forced conversion, Carthage was largely a Christian state by 190 AD. While this greatly increased its trade with the east, it began to alienate its western trading partners in Europe. While this wouldn't be that bad in the short term, it would eventually culminate in the Second Mediterranean War, as well as generally terrible relations with Europe.
Senone Trade Expansion
While Carthage was converting itself to Christianity for trading purposes, the Senone were expanding their own trade operations. Traditionally, the Senone Republic had been the gateway between the southern trade routes and the increasingly rich Gallic states. This gig had only gotten more lucrative following the centralization of the Gauls, and by 150 AD, the Senone were probably the richest nation in Europe. This wealth lead to a lot of rich merchants, many of them looking for ways to expand their wealth. While at first, they tried to increase existing trade, it quickly became apparent that trading with the Gallic Empire had already reached its highest possible point. In the late 150s, certain traders began to expand their operations to two places: The southern regions of Gaul, largely ignored when trading began, and the massive untapped wealth of Germania.
At first, trade in southern Gaul seemed to be much more profitable - after all, the Gallic Empire had expanded there recently, ad many settlements had risen up. However, Germania would quickly prove to be somewhat of a dark horse. The Germanic tribes had already, to some extent, been trading with the Gauls, and embraced the new source of trade with open arms. Records are sketchy, but some even apparently went to war over the best trade routes. While the land was initially less rich, the intensity in which the Germans pursued trade was unprecedented, and soon Germanic trade overshadowed south Gallic trade. For decades, nothing would come of this except riches for the Senone, but over time, Germania would centralize much the same way Gaul did, except on a slower timeline, and create a religion in the process. The immediate effects would be less dramatic - the Senone simply got richer.
The Birth of Wodanismos
As Senone and Gallic trading increased with Germania, the Germanic religion - later to be known as Wodanismos - began to become more fully formed. At first, this evolution was slow, but the fact that trade now connected the diverse German tribe allowed them to centralize their beliefs, to some extent. Unlike in Carthage, Merchants didn't exactly line up to convert, especially at first. However, as the religion grew and the Germanic people began to form more centralized structures, merchants began to find it profitable to sponsor the construction of shrines and other places of worship. While the purpose of these donations was generally to garner favor with the populace, it lead to the growth of the religion, and helped it further legitimize itself as an institution, rather than just a philosophy. By 180, a small hierarchy had even establish itself, primarily based in what would become Chattia.
As the Germanic religion grew, it was given a formal name - Wodanismos. Still mostly limited to Germanic territory, it became increasingly influencial in shaping Germanic society, rivaled only by the influx of trade. When small leaders of semi-centralized states began to rise across Germania, many used the religion to legitimize themselves and subjugate those under them. The Clergy also became a powerful force, often serving as advisors to tribal chiefs, with some even completely controlling the affairs of notable tribes and settlements. By around 200, a few Gallic traders had embraced the religion, bringing it west to the Gallic Empire. However, for the most part, even by 200, the religion was still evolving, and primarily limited to Germania. It would undoubtedly be a powerful force in centralizing the region, and would eventually spread across Europe.


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"clean friendly accomodation" The First Hotel Tip by nick1177
The First Hotel, Ho Chi Minh City: 331 reviews and 0 photos
first hotel was a clean friendly place. We had a quiet room, breakfast was nothing special consisting of fried eggs and bread or 2 minute noodles which was expected for $12US dollars a night. The travel agent next to the front desk was very helpful, we planned most of our trip around saigon from there.
Address: 18 HOANG VIET ST, Ho Chi Minh City, TA 70000
Price Comparison: less expensive than average
Phone: 848 844 1199
Price: less than US$20
Theme: Hotel
Website: http://www.firsthotel.com.vn/
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Royal Olympic Hotel, Athens
- Free WiFi
Main amenities
- 264 guestrooms
- Restaurant and 2 bars/lounges
- Outdoor pool
- Rooftop terrace
- Breakfast available
- Fitness center
- Self parking
- 24-hour business center
- In-room childcare
- 24-hour front desk
- Air conditioning
- Daily housekeeping
What's around
- In Athens City Centre
- Acropolis (0.3 mi / 0.5 km)
- Acropolis Museum (0.4 mi / 0.6 km)
- Temple of Olympian Zeus (0.2 mi / 0.3 km)
- Arch of Hadrian (0.2 mi / 0.4 km)
- Zappeion Hall (0.4 mi / 0.6 km)
Royal Olympic Hotel, Athens
Hotel Info: 866-539-8117from $93
- Deluxe Room
- Family Room (2 Rooms non-connecting)
- Executive Single Room
- Single Room (Internal)
- Deluxe Triple Room
- Double Room (Internal)
- Suite
- Panoramic Single Room
- Panoramic Room (Athenian Panorama)
- Executive Room
- Deluxe Single Room
- Executive Triple Room
More great choices
At a glance
Key facts
Hotel size
- This hotel has 264 rooms
- This hotel is arranged over 6 floors
- Check-in time starts at 3 PM
- Check-out time is 11 AM
Required at check in
- Credit card or cash deposit required
- Government-issued photo ID required
- Minimum check-in age is 15
Travelling with others
- Babysitting/childcare *
- Pets not allowed
- Free WiFi in public areas
- Free WiFi in rooms
- Self parking (limited) *
Nearby Five Star Athens hotels
In the hotel
- In-room childcare (surcharge)
- Breakfast (surcharge)
- 2 bars/lounges
- 2 coffee shops/cafés
- Restaurant
- Poolside bar
- 24-hour room service
- Outdoor seasonal pool
- Outdoor pool
- Fitness facilities
- Pool sun loungers
- 24-hour business center
- Conference space
- Meeting rooms 7
- 24-hour front desk
- Concierge services
- Tours/ticket assistance
- Dry cleaning/laundry service
- Laundry facilities
- Luggage storage
- Wedding services
- Multilingual staff
- Porter/bellhop
- Elevator/lift
- Safe-deposit box at front desk
- Designated smoking areas
- Rooftop terrace
- Garden
- Library
- In-room accessibility
In the room
- In-room climate control (air conditioning)
- Air conditioning
- Minibar
- Blackout drapes/curtains
- Turndown service
- Premium bedding
- Private bathroom
- Shower/tub combination
- Designer toiletries
- Hair dryer
- Pay movies
- Premium TV channels
- Desk
- Free WiFi
- Phone
- Refrigerator
- Daily housekeeping
- In-room safe
Top Athens hotels
Recently reviewed hotels in Athens
- Amalia Hotel AthensFrom
"Good hotel, good location, good breakfast, polite staff, clean and my room was quiet. Every direction where I had to be, is reachable by feet"Nov 29, 2016
- Herodion AthensFrom
"Smaller rooms than I expected, but when in Athens you aren't spending much time in your hotel room. The sights were very easy to walk to, the new museum was super close, and just…"Nov 29, 2016
- Areos HotelFrom
"I stayed here for 2 days in November. Given the price of the hotel, the stay was way better than I expected. "Nov 29, 2016
- O&B Athens Boutique HotelFrom
"I come again because it's very close to all areas in Athens "Nov 28, 2016
Nearby hotels
Also popular with travelers from the USA
Special features
DiningIoannis Restaurant - Onsite restaurant.
Royal Olympic Hotel, Athens's small print
Also known as
- Hotel Olympic Royal
- Hotel Royal Olympic
- Olympic Royal
- Olympic Royal Hotel
- Royal Hotel Olympic
- Royal Olympic
- Royal Olympic Athens
- Royal Olympic Hotel
- Royal Olympic Hotel Athens
Cash transactions at this property cannot exceed EUR 1500, due to national regulations. For further details, please contact the property using information in the booking confirmation.
The name on the credit card used at check-in to pay for incidentals must be the primary name on the guestroom reservation.
Optional extras
Self parking costs EUR 15.00 per day
Rollaway beds are available for EUR 50 per night
Breakfast is offered for an extra charge of EUR 25 per person (approximately)
Babysitting/childcare is available for an extra charge
We have included all charges provided to us by this hotel. However, charges can vary, for example, based on length of stay or the room you book.
Hotel registry number: 0206K015A0030000
Recent reviews
Excellent 4.1 /5 from 1142 reviews
Great location for visiting Athens historical sights. Front desk staff very helpful, booking restaurants and activities.
Disappointed in the room. For 3 days and 750 American dollars everything came up short. Would not recommend
It's a nice hotel, but the staff rarely smiled as they greeted you, room service is super slow even if you preorder the night before. Rooms don't have coffee. The view was amazing, it saved my trip to Athens. Our Queen sized bed was really two twin beds pushed together and made up separately, for our honeymoon it wasn't ideal, we both ended up sleeping on our own sides of the bed because no one wanted to fall in the crack.
great location
Room was cold no eating on, just the air condition. Bathroom was old, each time we showered the floor was full of water, maintenance never showed up to fix it, even if they sent each time the cleaning service. The view on the restaurant is stunning but THAT'S ALL, breakfast is average and always crowded. The common area are great bit the room are not worth the money. I wont go back for sure
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Being bullied is both heartbreaking and miserable for those targeted. But many adults, unless they too have been bullied, have a hard time understanding just how much kids can suffer. They fail to realize that the consequences of bullying are significant and can have a lasting impact.

This lack of understanding is often called the "empathy gap." Working to close this empathy gap is one of the best ways to improve bullying policies and prevent bullying. In fact, efforts to advocate on behalf of victims will not be effective unless people truly comprehend how painful and traumatic bullying can be. Here is an overview of the effects of bullying and how victims can recover.

How Does Bullying Affect Victims Emotionally and Socially

Kids who are regularly targeted by bullies often suffer both emotionally and socially. Not only do they find it hard to make friends, but they also struggle to maintain healthy friendships. Part of this struggle is directly related to low self-esteem. A lack of self-esteem is a direct result of the mean and hurtful things that other kids say about them. When kids are continually called fat or losers, they begin to believe these things are true.

Bullying victims also tend to experience a wide range of emotions. They may feel angry, bitter, vulnerable, helpless, frustrated, lonely and isolated from their peers. Consequently, they may skip classes and resort to drugs and alcohol to numb their pain. And if bullying is on-going, they may develop depression and even contemplate suicide.

If no intervention takes place, eventually kids can develop what is known as "learned helplessness." Learned helplessness means that the targets of bullying believe that they cannot do anything to change the situation. As a result, they stop trying. Then, the cycle down into depression becomes more severe. This leads to a feeling of hopelessness and the belief that there is no way out.

As bullied kids grow into adults, they may continue to struggle with self-esteem, have difficulty developing and maintaining relationships and avoid social interactions. They also may have a hard time trusting people, which can impact their personal relationships and their work relationships. They may even start to believe lies about bullying such as convincing themselves that the bullying wasn't as bad as they remember. They also may engage in self-blame.

What Is the Physical Impact of Bullying

Aside from the bumps and bruises that occur during physical bullying, there are additional physical costs. For instance, bullied kids often experience anxiety. This stress on their bodies also will result in a variety of health issues, including being sick more often and suffering from ulcers and other conditions caused by persistent anxiety.

Bullied kids also may complain of stomachaches and headaches. And the bullying they experience may aggravate other pre-existing conditions like eczema. Skin conditions, stomach issues and heart conditions that are aggravated by stress all worsen when a child is being bullied.

How Does Bullying Impact Academics

Kids who are bullied often suffer academically too. Bullied kids struggle to focus on their schoolwork. In fact, slipping grades is one of the first  signs that a child is being bullied. Kids also may be so pre-occupied by bullying that they forget about assignments or have difficulty paying attention in class.

Additionally, bullied kids may skip school or classes in order to avoid being bullied. This practice also can result is falling grades. And when grades begin to drop this adds to the stress levels the bullied child is already experiencing.

What's more, a study conducted by the University of Virginia showed that kids who attend a school with a severe climate of bullying often have lower scores on standardized tests. Bullying even impacts students that witness it. For instance, kids scored lower on standardized tests in schools with a lot of bullying than kids in schools with effective anti-bullying programs.

One reason for the lower scores in schools with pervasive bullying, is that students are often less engaged in the learning process because they are too distracted by or worried about the bullying. Additionally, teachers may be less effective because they must spend so much time focused on classroom management and discipline instead of teaching.

The good news is with proper support and intervention, most kids targeted by bullies will overcome bullying and things will get back to normal. But left unchecked, bullying can cause the victim to pay a high cost in long-term consequences.

How Does Bullying Impact the Victim's Family Members

When a child is bullied, it is not uncommon for the parents and siblings to also be affected. For instance, parents often experience a wide range of consequences including feeling powerless to fix the situation. They also may feel alone and isolated. And they may even become obsessed with the situation often at the expense of their own health and wellbeing.

It also is not uncommon for parents to feel a sense of failure when their child is bullied. Not only do they feel like they failed to protect the child from bullying, but they also may question their parenting abilities. They may even worry that they somehow missed the signs of bullying or that they did not do enough to bully-proof their child along the way.

The truth is that no one can predict whom a bully will target. Parents can do everything right and still find out that their child is being bullied. As a result, they should never feel responsible for the choices a bully makes. Instead, they should place the blame where it belongs and focus on helping their child heal from bullying.

How Does Bullying Impact Victims Long-Term

Research shows that the effects of bullying last well into adulthood. In fact, one study found that the consequences from being bullied by peers may have a greater impact on mental health in adulthood than originally thought. What's more, the impact may be even more significant than being mistreated by adults.

Remember, the experiences that people have while they are children help mold them into the adults that they later become. So it is not surprising that effects of bullying linger well into adulthood. This then helps to influence their future mindset including how they view themselves and others.

How Can Kids Heal from the Effects of Bullying

When a child is bullied, the road to recovery may be more challenging than you might originally think. In fact, the effects of bullying can stick around long after the bullying has ended. Moreover, if bullying is not addressed right away, then it can cause problems for your child later in life.

In order for your child to heal from bullying, there are several important steps you must take. These include not only changing the way your child thinks about the situation, but also how he views himself after being bullied. You want to be sure your child does not allow the bullying he experienced to define him. Instead, he should focus on what he learned and what his future goals are. To start, your child needs to acknowledge what happened to him but not focus on it. Instead, he should be focused on taking care of himself and growing as a person.

It's also important to help your child find closure for the situation. And as counterintuitive as it sounds, forgiving the bully goes a long way in freeing your child from the pain of the experience. Remind him that revenge will not make him feel better. Instead, he should let go of what happened to him and focus on the things he can control in his life. Having a counselor help your child with the recovery process may speed things along. Talk to your child's pediatrician for suggestions about who to contact in your area.

How Can Adults Overcome the Effects of Childhood Bullying

When a child is bullied, they can experience a psychological impact that does not go away simply because the person grows up. If you were bullied as a child and still experiencing the side effects, the first step toward recovery from childhood bullying is acknowledging what happened to you. Do not dismiss what happened to you or minimize the severity. Be truthful with yourself about the pain you experienced.

You also need to make healing a priority. Take time to take care of yourself and consider talking with a counselor about your experience. A counselor can help you make sense of your feelings and move past the negative experience of bullying. He also can help you reframe your thinking and reclaim control over your life.

While it may be painful to think about the bullying you experienced as a kid, if it is still impacting your everyday life and the way you view yourself, then it is best to face the issue head on. Once you have come to terms with what you experienced and changed the way you view yourself and others, you will be on your way to recovery. It may take some time. So be patient with yourself. With a little hard work though, you will be well on your way to a healthier way of thinking.


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United States District Court, S.D. New York
June 23, 2005.
In re ENRON CORP., et al., Reorganized Debtors. UPSTREAM ENERGY SERVICES, as Agent for Certain Texas Gas Producers, Appellant,
ENRON CORP., et al., THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF ENRON CORP., et al., Appellees.
On November 9, 2004, Upstream Energy Services ("Upstream"),
appearing as an agent for certain Texas gas producers ("Texas
Producers"), appealed the Order of the United States Bankruptcy
Court for the Southern District of New York (the "Bankruptcy
Court") entered on July 15, 2004 (the "Confirmation Order") as a
part of the Chapter 11 bankruptcy proceedings of appellees Enron
Corp. and certain of its affiliated reorganized debtor entities
(collectively, "Enron") confirming the Supplemental Modified
Fifth Amended Joint Plan of Affiliated Debtors Pursuant to
Chapter 11 of the United States Bankruptcy Code, and Related
Relief (the "Plan"). Enron filed a Motion to Dismiss Upstream's
appeal as moot on January 19, 2005, which was joined by appellees The
Official Committee of Unsecured Creditors of Enron Corp., et al.
(collectively, the "Creditors' Committee") on January 20, 2005.
On May 20, 2005, the parties informed the Court that they
agreed that the majority of issues raised by Upstream in its
appeal were moot, and that the sole issue remaining in this
action was the enforceability of the exculpation provision
contained in Section 42.7 of the Plan (the "Exculpation
Provision"). (Joint Letter from Weil, Gotshal & Manges LLP to the
Court, dated May 20, 2005 ("May 20 Letter"), at 2.) Because the
Court finds that Upstream's appeal as to this provision is also
moot, the Court dismisses Upstream's appeal in its entirety.
The Chapter 11 bankruptcy of Enron was one of the largest in
history, and most of the facts of those proceedings are
irrelevant to the appeal at hand. Therefore, only facts necessary
for the resolution of the present dispute are recited herein.
A. UPSTREAM'S CLAIM AGAINST ENRON*fn1 In October 2001, Upstream entered into a series of agreements
with Enron North America Corp. ("ENA") for the delivery of
natural gas to ENA in November 2001. Upstream Security I,
302 B.R. at 457. In entering these agreements, Upstream acted as an
agent for the undisclosed and heretofore unidentified Texas
Producers.*fn2 Id. at 461. ENA received the gas, but, by
reason of its having filed for bankruptcy in December 2001, was
unable to pay for the shipments when the obligations became due.
Upstream filed a Proof of Claim in the ENA bankruptcy in July
2002 as an agent for the Texas Producers,*fn3 which Upstream
claims were undisclosed principals that held title to the gas
delivered under the October agreements. Upstream Security II,
312 B.R. at 29. B. ENRON'S CHAPTER 11 PROCEEDINGS
The Enron debtors, which at the time comprised approximately
180 affiliated debtor entities, each filed for Chapter 11
bankruptcy beginning on December 2, 2001 in the United States
Bankruptcy Court for the Southern District of New York.*fn4
All of the affiliated debtor entities' Chapter 11 cases were
consolidated for administrative purposes before Judge Arthur J.
Gonzalez. (Findings of Fact and Conclusions of Law Confirming the
Plan, dated July 15, 2004 (the "Findings Opinion" or "Findings
Op.") at 7, included as Appendix Item 11 to Appellees' Mem.)
After approximately two years of negotiations between Enron,
the Creditors' Committee and the ENA Examiner,*fn5 the negotiating parties agreed upon the Plan. (Id. at 39.) A total
of ninety-nine objections to the Plan were filed by creditors.
(Id. at 2-3.) Upstream filed several objections to the Plan,
including an objection specifically concerning the Exculpation
Provision. (See id. at 155-61.) The Bankruptcy Court
permitted the objecting parties to collect discovery concerning
the Plan, a process in which Upstream did not
participate.*fn6 (Id. at 16-19; Decl. of Brian S. Rosen in
Support of Appellees' Motion to Dismiss Upstream's Appeal ("Rosen
Decl.") ¶ 8, attached as Ex. B to Appellees' Mem.)
The Plan was presented to the creditors for a vote, and all of
the non-insider, impaired classes entitled to vote on the Plan
voted in favor of accepting the Plan. (Findings Op. at 30.) The
Bankruptcy Court subsequently held a nine-day confirmation
hearing (the "Confirmation Hearing"), including the presentation
of exhibits and witnesses for direct and cross-examination. The
parties that had objected to the Plan failed to present any
witnesses at the Hearing. (Id. at 2-5.) Upstream participated
in the cross-examination of the debtors' proffered witnesses,
including questioning on the subject of the Exculpation
Provision. (See, e.g., June 3, 2004 Confirmation Hearing Tr.
("Hearing Tr.") at 167-72, included as Appendix Item 17 to Appellees' Mem.)
On July 15, 2004, the Bankruptcy Court entered the Confirmation
Order confirming the Plan, finding that it was fair and equitable
and within the range of reasonable litigation outcomes, and
disposed of all outstanding objections to the Plan, including
those of Upstream. (See Confirmation Order at 2-3, included as
Appendix Item 12 to Appellees' Mem.; Findings Op. at 109,
152-62.) The Plan became effective on November 17, 2004, and
Enron emerged from Chapter 11 bankruptcy. (Rosen Decl. ¶ 11.)
Since the issuance of this Order, both Upstream and Enron agree
that the Plan has been substantially consummated. (See May 20
Letter at 1-2.) Upstream nonetheless argues that the Exculpation
Provision should be struck from the Plan.
Section 42.7 of the Plan states, in pertinent part, that
[n]one of the Debtors, the Reorganized Debtors, the
Creditors' Committee, the Employee Committee, the ENA
Examiner . . ., the Indenture Trustees, and any of
their respective directors, officers, employees,
members, attorneys, consultants, advisors and agents
(acting in such capacity), shall have or incur any
liability to any Entity for any act taken or omitted
to be taken in connection with and subsequent to the
commencement of the Chapter 11 Cases, the
formulation, preparation, dissemination,
implementation, confirmation or approval of the Plan
or any compromises or settlements contained therein
. . .; provided, however, that the
foregoing provisions of this Section 42.7 shall not
affect the liability of . . . any Entity that
otherwise would result from any such act or omission
to the extent that such act or omission is determined
in a Final Order to have constituted gross negligence or willful
misconduct, including, without limitation, fraud and
criminal misconduct. . . .
Upstream did not participate in the discovery process preceding
the Confirmation Hearing to ferret out potential claims that
might be affected by the Exculpation Provision. (Rosen Decl. ¶ 8;
see Findings Op. at 17 (noting that "[n]one of the Creditors
that filed objections to confirmation of the Plan after March 3,
2004 sought discovery or requested reconsideration of the
Confirmation Discovery Procedures Order.").) Although Upstream
questioned at least one witness about the Provision, the
examination consisted of a brief series of questions concerning
the witness's knowledge of any causes of action that might lie
against any of the exculpated Plan professionals. (See Hearing
Tr. at 167-172.)
In the Bankruptcy Court's Findings Opinion, Judge Gonzalez
addressed the Exculpation Provision. (See Findings Op. at
99-101, 145-46, 156.) The Court noted that Enron was unaware of
any valid cause of action that would be waived as a result of
this provision and that no party offered evidence of any claim,
but also acknowledged that Enron never investigated whether there
existed any causes of action that were released by this
provision. (See id. at 99.) The Court stated that the
exculpation provision in the Plan [was] appropriately
limited to a qualified immunity for acts of
negligence and [did] not relieve any party of
liability for gross negligence or willful misconduct.
As a part of their key employee retention program,
the [Bankruptcy] Court authorized . . . the Debtors
to provide indemnification to their officers and
directors for their postpetition acts, as provided
for under the Articles of Incorporation of the
Debtors, the Oregon Business Corporation Act and
other applicable law and consistent with the scope of
the exculpation provision in Section 42.7 of the
Although Upstream was not required to obtain a stay of the
Confirmation Order prior to appealing that order, its failure to
obtain the stay exposed Upstream to the risk that "the appeal in
question [would] be rendered moot by constitutional or related
equitable/jurisprudential considerations." In re Texaco, Inc.,
92 B.R. 38, 45 (S.D.N.Y. 1988). Upstream's failure to obtain a stay of the confirmation of
the Plan has rendered the majority of its claims moot, as the
parties stipulated to the Court in the May 20 Letter, and so the
Court considers here only whether to dismiss as moot Upstream's
appeal as to the Exculpation Provision.
Mootness doctrine has two aspects in the context of a
bankruptcy appeal. First, there exists the Article III concern
that the court consider only actual cases and controversies.
See U.S. Const. art. III, § 2. As the Supreme Court stated in
Mills v. Green,
when, pending an appeal from the judgment of a lower
court, and without any fault of the defendant, an
event occurs which renders it impossible for [the
appellate court], if it should decide the case in
favor of the plaintiff, to grant him any effectual
relief whatever, the court will not proceed to a
formal judgment, but will dismiss the appeal.
The Plan in this case has been substantially consummated, as
defined in the Bankruptcy Code. All property proposed by the Plan
to be transferred has been transferred and all equity interests
in Enron proposed to be cancelled have been cancelled. (See
Aff. of Robert S. Bingham in Support of Appellees' Motion to
Dismiss Upstream's Appeal ("Bingham Aff.") ¶¶ 9(a), (d);
Appellees' Mem. at 17.) The reorganized debtor entities have
assumed control of substantially all of the property covered by
the Plan. (Bingham Aff. ¶¶ 9(b), (d); Appellees' Mem. at 17.) Finally, distributions have been made in
accordance with the plan, including a $16.1 million distribution
to creditors in November 2004 and total distributions of
approximately $570 million in February and April of 2005. (See
Supplemental Aff. of Robert S. Bingham in Support of Appellees'
Motion to Dismiss Upstream's Appeal ("Bingham Supp. Aff.") ¶
4(a), included as an enclosure with Letter from Weil, Gotshal &
Manges LLP to the Court, dated May 18, 2005.) In addition to
these steps, myriad other complicated and interrelated
transactions have gone forward, including the settlement and
dismissal of litigation. (See Bingham Aff. ¶¶ 8 (a)-(g),
9(e)-(j); Bingham Supp. Aff. ¶¶ 4(a)-(c).) Upstream does not
contest that substantial consummation of the Plan has occurred.
(See May 20 Letter at 1-2.) As a result of this substantial
consummation, Upstream faces a "strong presumption" that its
appeal in its entirety has been rendered moot. See In re
Texaco, 92 B.R. at 46.
Notwithstanding this presumption of mootness, "[c]onstitutional
and equitable considerations dictate that substantial
consummation will not moot an appeal if all of the following
circumstances exist:
(a) the court can still order some effective relief
. . .;
(b) such relief will not affect the re-emergence of
the debtor as a revitalized corporate entity, . . .;
(c) such relief will not unravel intricate
transactions so as to knock the props out from under the
authorization for every transaction that has taken
place and create an unmanageable, uncontrollable
situation for the Bankruptcy Court, . . .;
(d) the parties who would be adversely effected by
the modification have notice of the appeal and an
opportunity to participate in the proceedings . . .;
(e) the appellant pursued with diligence all
available remedies to obtain a stay of execution of
the objectionable order . . . if the failure to do so
creates a situation rendering it inequitable to
reverse the orders appealed from.
While it might be possible for the Court to order some
effective relief by removing the Exculpation Provision from the
Plan, thus establishing the first Chateaugay factor, none of
the other factors weigh in favor of granting Upstream such
relief. The Exculpation Provision was negotiated by all parties,
including the representatives of the creditors, the Creditors'
Committee and the ENA Examiner, and was found by the Bankruptcy
Court to have been necessary for the negotiation of the Plan and
appropriate under the circumstances. (See Findings Op. at 100-101, 145-46.) Parties
participated in the creation of the Plan under the guarantee that
they would receive some limited protection for participating in
one of the largest and most complex bankruptcy filings in
history. (See id. at 145.) Key employees remained with Enron
as a result of being promised some indemnification for their
postpetition acts, an offer made by Enron with the Bankruptcy
Court's approval. (See id. at 100.) To pull away this string
would thus tend to unravel the entire fabric of the Plan, and
would be inequitable to all those who participated in good faith
to bring it into fruition.
Without such protection from liability, key personnel might
abandon efforts to help the reorganized debtor entities follow
through on the Plan and wind up its affairs. Without the
participation of these individuals, the implementation of the
Plan might falter, leading to an "unmanageable, uncontrollable
situation for the Bankruptcy Court." Chateaugay II,
10 F.3d at 953. Additionally, all parties who would be adversely affected by
the removal of the Exculpation Provision have not had an
opportunity to be heard as to the effect such relief might have
on them, thus the fourth Chateaugay factor has not been met.
Finally, Upstream failed to diligently pursue a stay of the Confirmation Order, nor did it seek expedited review of its
appeal from this Court. Upstream claims that it did not seek a
stay of the Confirmation Order because its receipt of the stay
might have been conditioned upon its putting up a bond for a
large amount of money. (Upstream's Reply in Opp'n to Appellees'
Motion to Dismiss, dated February 9, 2005 ("Upstream's Reply
Mem."), at 3.) Upstream's meager assertion that it "may" have had
to post a bond and that it was "doubtful" that it could have
obtained a satisfactory bond does not change the weight of the
equities. As the Fourth Circuit stated in Central States,
Southeast & Southwest Areas Pension Fund v. Central Transport,
We can understand a reluctance to put up a
supersedeas bond of $7 million, but if the Pension
Fund seriously sought an outright reversal of the
order of confirmation, as it contends, it should have
posted the bond or sought a substantial reduction in
its amount; it should not have sat idly by while this
case drifted along a routine, unexpedited course.
Upstream's reliance on the Third Circuit's opinion in In re
Continental Airlines, 203 F.3d 203 (3d Cir. 2000), is misplaced.
(See Upstream's Reply Mem. at 13-14.) In that case, the
appellants were shareholders who had brought several securities
fraud class actions against the directors and officers of
Continental Airlines Holdings, Inc. Their class actions had been
stayed pending Continental's bankruptcy, but were subsequently permanently enjoined as a part of the
reorganization plan, which effectively released the debtors'
directors and officers, the debtors, and others from all claims
accruing at any time through until the confirmation date. Id.
at 205-07. The shareholders received no consideration for the
forcible forfeiture of their claims. Id. at 211.
This situation is distinguishable from that presented by
Upstream to this Court. First, the scope of the Exculpation
Provision is far more limited, exculpating only negligent conduct
and only such conduct occurring after the filing of Enron's
bankruptcy petition and relating to the creation of the Plan.
Second, Upstream does not have a pending action against the
exculpated parties for negligence in the creation of the Plan
that has been dismissed by the Exculpation Provision, nor does
Upstream present this Court with any evidence that it will ever
have such a claim. It does not appear likely that any such claim
exists given the Bankruptcy Court's finding that the exculpated
Plan professionals acting in their capacity as such "provided
valuable services to the Debtors' estates in satisfaction of
their . . . fiduciary duties." (Findings Op. at 101.)
Additionally, the Bankruptcy Court considered the objections of
Upstream and others concerning the Exculpation Provision and
dismissed those objections, finding that the Provision was "reasonable and
customary and in the best interests of the estates," in
conformity with applicable law and necessary for the negotiation
of the Plan. (Id. at 100-01, 145-46, 156.) Finally, Upstream
received some indirect consideration for the Exculpation
Provision in that the Bankruptcy Court found that the negotiated
Plan would not have been possible without it, and that without a
negotiated Plan, "the value of these chapter 11 estates would be
immeasurably depleted by costly and lengthy litigation, thereby
injuring all creditors." (Id. at 145.) Judge Gonzalez, who
oversaw every aspect of Enron's reorganization and who was
integrally involved in the bankruptcy for approximately three
years, was certainly in the best position to rule on the
necessity and efficacy of such a provision.
Upstream cannot sustain its appeal in light of the substantial
consummation of the Plan as it has not met all of the factors
articulated in Chateaugay II. Moreover, the Court finds that it
would be manifestly inequitable at this late stage to modify even
this one provision of the Plan that so many parties have relied
upon in making various, potentially irrevocable, decisions. The
Court finds that the entirety of Upstream's appeal has been
rendered equitably moot by the substantial confirmation of the
Plan. III. ORDER
For the foregoing reasons, its is hereby
ORDERED that Upstream Energy Services's appeal of the
Bankruptcy Court's Order Confirming Supplemental Modified
Fifth Amended Joint Plan of Affiliated Debtors Pursuant to Chapter 11
of the United States Bankruptcy Code, and Related Relief, entered
on July 15, 2004, is dismissed.
The Clerk of Court is directed to close this case.
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1 Corinthians 13:13 Memory Verse Video
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Denver Post "The narrative in the NBA for years has been that free agents don't want to come to, or stay in, Denver. The Nuggets, though, point to a group of players who might be changing that perception. In the past couple of years Wilson Chandler, Danilo Gallinari and Darrell Arthur all could have opted to..." September 29
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Newtown (AP) — When Alissa and Robbie Parker met face-to-face recently with the father of the young man who killed their daughter and 19 other first-graders at Sandy Hook Elementary School, they weren't angry with him and didn't blame him for the massacre.
Instead, the Parkers said they and Peter Lanza shared their condolences for one another and talked about his son, Adam Lanza, during the emotional meeting, which lasted more than an hour.
"I don't feel like he should be held responsible for what happened that day," Allisa Parker told "CBS This Morning," during the second part of an interview that aired Friday. "That was not ultimately his decision to do that, so how can I hold him responsible? Were there missteps in the raising of his son? Possibly."
Adam Lanza, 20, fatally shot 20 children and six educators with a military-style rifle on Dec. 14, then killed himself as police arrived. Authorities say he also killed his mother at their Newtown home before he went to the school. The Parkers lost their 6-year-old daughter, Emilie, in the rampage.
Allissa Parker said she told Peter Lanza that there was an opportunity to learn from the killings and his cooperation was vital.
The Parkers wouldn't reveal what Peter Lanza said about his son. Connecticut state police haven't released any information about a motive, but people close to the investigation have told The Associated Press that Adam Lanza showed interest in other mass killings and had literature on other mass shootings at his home. The people spoke on conditional of anonymity because the investigation is continuing.
Peter Lanza, who was divorced from Nancy Lanza, has declined to comment about the meeting with the Parkers, who said they came away from it with a better understanding of Adam Lanza.
Robbie Parker, who was among the first of the victims' parents to publicly discuss the shooting, said he and his wife wanted to meet with Peter Lanza because he was the only person who could answer their questions.
"Adam's gone and his mother's gone, and those are the two people that could give us the most information to the questions that all of us have," he said.
The Parkers, who have two other daughters ages 3 and 5, said they're not angry because they know they can't undo what happened at the school that day.
"So the idea of wasting any energy on anger towards somebody or trying to point blame at anybody seems like a waste of time and energy that we can use to be better parents to our girls," Robbie Parker said.
Allisa Parker said she believes Nancy Lanza bears some accountability for what happened. The Bushmaster rifle used in the school shootings belonged to Nancy Lanza.
Asked whether she forgives Adam Lanza, Allisa Parker said it's not her burden to bear.
"I do hold him accountable, but I feel like God will determine that," she said. "And I feel like he's in a place where the judgment will happen, and I don't have to. I don't have to judge him, and I'm at peace with that."
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text: Apple will never make themeing for the iPhone allowed. Get it out of your head #1 Who will make the themes? #2. There are THOUSANDS of apps in the app store. How will a person making themes make a matching icon for every app? #3 Honestly, cmon think about it. Its not going to happen


text: So far the panel is fairly interesting. The emphasis of this group is on NGO's and how they work at representing Canada around the world. To be honest I lost interest in this panel because it reminded me too much of a "me me me" panel. Unfortunately, I… . . . → Read More: Confessions of a Liberal Mind: Canada and the World afternoon session


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February 28, 2013
ESTATE OF LORETTA CERECINO, ET AL.v.KIM'S GROCERY STORE, ET AL.
Plaintiffs, Paul Cerecino, as Executor of the Estate of Lorretta Cerecino and Paul Cerecino, bring this negligence action against defendants Kim's Grocery Store and its owners, Roun Doung and Kinsam Puy. The action arises from Lorretta Cerecino's fall on March 30, 2009, when she was entering Kim's Grocery Store and sustained a fractured elbow. Plaintiffs assert that the Defendants were negligent because the entrance to the store was dangerous, substandard and defective. Defendants have now filed a Motion to Extend Time for Filing a Motion in Limine and have attached as an exhibit a motion seeking to preclude plaintiffs' expert witness, pursuant to Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993). As explained below, the motion will be denied.
I. Factual and Procedural Background
On March 30, 2009, Lorretta Cerecino fell when she was attempting to enter Kim's Grocery Store, which was owned by Roun Doung and Kinsam Puy. Mrs. Cerecino was transported to Methodist Hospital and was diagnosed with a fractured right elbow. She was admitted to the hospital on April 8, 2009 and underwent right elbow arthroplasty. Mrs. Cerecino died on May 31, 2011 unrelated to the fall at issue. Mrs. Cerecino was not deposed, but there was a witness, Kathleen Albano, who will testify at trial. Ms. Albano is expected to testify that when Mrs. Cerecino opened the door a gust of wind blew the door, causing it to open too quickly and Mrs. Cerecino fell backward resulting in her injury.
Plaintiffs retained a civil engineer, James C. Druecker, P.E., to perform an analysis of the store's entrance. Mr. Druecker conducted an investigation three years after the incident and prepared an expert report opining that the entrance to the store was dangerous, substandard and defective.
Defendants filed a motion in limine seeking to preclude plaintiffs' expert witness, Mr. Druecker, from mentioning the 1999 Philadelphia Building Code or the 2009 International Building Code because the store was built prior to the enactment of the codes and no modifications have been made, which would cause the codes to apply. This Court granted that motion on February 26, 2013. That motion was the only motion in limine filed prior to February 15, 2013, the deadline as set forth in the scheduling order. Jury selection is scheduled for Friday, March 1, 2013. At the end of the business day on February 27, 2013, Defendants filed the instant motion seeking to extend the time for filing a motion in limine in order to file a Daubert motion to exclude Plaintiffs' expert from testifying all together.
II. Discussion
Defendant now claims that "[g]iven the Court's ruling on said Motion, Defendants believe the remaining portion of plaintiff's liability expert opinion lacks foundation, is rife with speculation and conjecture and therefore his testimony in its entirety should be precluded." They argue that they are in need of an extension because the Daubert motion was not ripe for consideration until the recent ruling on its motion in limine. However, defendants have had Mr. Druecker's expert report since June 20, 2012 and even made arguments regarding his report in August when they filed their motion for summary judgment. Furthermore, when defendants filed their motion to preclude Mr. Druecker from referencing the building codes in his testimony, they could have easily sought to completely exclude his testimony if they believed that absent reference to the codes his testimony lacked foundation. Instead, defendants sought an order allowing the testimony, but precluding reference to the codes. This court granted defendants' motion and issued the very order proposed by defendants, which allows Mr. Druecker's testimony absent reference to the building codes.
In the attached motion seeking to exclude plaintiffs' expert from testifying, defendants argue that "[t]he remaining portion of Mr. Druecker's report is based on an incorrect fact, that being that, Mr[s]. (sic) Cerecino 'was on the top step when she reached for the door and had her hand on the door when she fell.'" They argue that according to Ms. Albano's testimony, this fact is not and will not be in evidence. Once again, defendants have had Ms. Albano's deposition transcript and even referenced her testimony in their properly filed motion in limine. There was nothing preventing them from filing this motion within the time permitted by the scheduling order. Defendants are free to cross examine Mr. Druecker regarding the facts upon which his opinions are based. Granting an extension to allow a motion seeking to exclude the testimony of plaintiffs' expert less than 24 hours before jury selection is scheduled would be unduly prejudicial to the plaintiffs. Furthermore, this court has already ruled that Mr. Druecker would be permitted to testify absent reference to the building codes and sees no reason to reconsider its ruling.
For the reasons explained above, therefore, I will deny defendants' motion seeking to extent time for filing a motion in limine pursuant to Daubert.
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Caribbean Briefs April 19, 2010
Kingston, Jamaica: Heavy rains washed out roadways in the eastern part of the nation and marooned hundreds of people, emergency authorities said last Sunday.
The rain began last Thursday. Flooding and mudslides were reported in six parishes, including the City of Kingston, which only days before was facing a drought that authorities called the worst of the century.
In the eastern parish of Portland, roadway collapses cut off several areas from the rest of the island and left residents stranded.
"We are reminding all residents in flood prone or low-lying areas to exercise caution and make the necessary plans to evacuate," the Office of Disaster Preparedness and Emergency Management said in a statement.
Port-of-Spain, Trinidad and Tobago: The public consultation process on the reform of the Trinidad and Tobago constitution has been suspended.
A release issued by the Office of the Prime Minister on the weekend said that public consultations on the Working Document on Constitutional Reform had been suspended "with immediate effect until further notice".
The next consultation in the series was supposed to have taken place on Saturday at the Laventille Regional Complex.
Prime Minister Patrick Manning first hinted that the multi-million dollar consultations would officially be suspended during a prayer and strategy session at his San Fernando East Constituency office on Wednesday where he said that suspension of the consultations would allow him to focus on the upcoming May 24 general elections.
Santo Domingo, Dominican Republic: Three women drowned when a boat sank in waves produced by a magnitude 5.1 earthquake on Sunday.
The quake struck at 4:16 p.m. local time last Sunday at a depth of 53.6 miles (86.2 km) in the Mona Passage, which separates Dominican Republic from Puerto Rico, the U.S. Geological Survey said.
"The information indicates that the boat capsized as a result of the heavy waves that formed after the quake," said Luis Ortiz of the Emergency Operations Centre.
No other casualties were immediately reported from the quake, which was felt in the east of the Dominican Republic.
Havana, Cuba: Hundreds of friends and relatives have bid farewell to Alejandro Robaina, the nation's most famous cigar maker, who was buried Sunday in a casket adorned with a half-smoked cigar bearing his name and a yellow tobacco flower.
Robaina, who was the only person to have a brand of Cuban cigars named after him, died a day earlier at the age of 91.
Known as the "godfather" of Cuban tobacco, Robaina had been a roving ambassador for the nation's cigar industry.
However, he usually could be found on his small farm in western Cuba, tending his beloved tobacco plants.


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