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PRESKA, District Judge.
Pending before me in these matters are one appeal and various motions to withdraw the reference. In the action brought by Edwin B. Mishkin ("the Trustee") against defendant Roy Ageloff ("Ageloff"), et al. ("the Ageloff Proceeding"), Ageloff appeals from a Memorandum Decision, dated August 8, 1997 ("the August 8 Decision"), issued by the Honorable James L. Garrity, Jr. of the United States Bankruptcy Court for the Southern District of New York, granting the Trustee relief from the automatic stay provision of 15 U.S.C. § 78u-4(b)(3)(B), enacted as part of the reform package passed under the Private Securities Litigation Reform Act of 1995 ("the Reform Act"), section 21D(b)(3)(B). In addition, Ageloff, in arguments adopted by some of his codefendants, moves to withdraw the reference in this proceeding. Philip Gurian ("Gurian") and National Union Fire Insurance Company of Pittsburgh ("National Union") also move to withdraw the reference in their respective actions ("the Gurian Proceeding" and "the National Union Proceeding"). For the reasons that follow, both the appeal and the motions to withdraw the reference are granted.
These actions all flow from the failure of Adler, Coleman Clearing Corp. ("Adler") in February of 1995. By Order dated February 27, 1995, and pursuant to 15 U.S.C. §§ 78eee(b)(3) & 78eee(b)(4), I appointed the Trustee and remanded this Securities Investor Protection Act ("SIPA") liquidation proceeding to the bankruptcy court.
Adler was a clearing firm and a member of the National Association of Securities Dealers, the National Securities Clearing Corporation ("NSCC") and the Securities Investors Protection Corporation ("SIPC"). One of the firms that Adler cleared for was Hanover Sterling & Company ("Hanover"). The Trustee claims that Adler's collapse was caused by Hanover's collapse. The Trustee further claims that Hanover's collapse was caused by a series of unlawful actions committed by the various individuals who are parties to the Ageloff and Gurian Proceedings. See Consolidated Memorandum of Law In Opposition to Defendants' Motions to Withdraw the Reference to the Bankruptcy Court of Three Adversary Proceedings, dated September 25, 1997, at 2 ("Trustee Withdrawal Mem.").
Before addressing the specific claims raised in each proceeding, a bit of background information about the relationship between Adler and Hanover is helpful. Hanover did not clear its own trades but rather relied upon Adler to do so. Hanover received buy and sell orders from its own customers and then relayed those orders to Adler. Adler held the cash and securities accounts for each of Hanover's customer accounts. After Adler cleared the trades, Adler sent trade confirmations and account statements directly to Hanover's customers. See Memorandum in Support of Motion of Defendant Roy Ageloff for Withdrawal of the Reference to the Bankruptcy Court, dated August 25, 1997, at 3-4 ("Ageloff Withdrawal Mem.").
Hanover underwrote certain initial public offerings and, after the initial offerings, was a market maker in the secondary markets for those issues. The parties refer to these issues as the "House Stocks." A significant portion of Hanover's assets consisted of positions in the House Stocks and, as a result, fluctuations in the value of the House Stocks affected Hanover's liquidity and net capital position.
I. The Gurian Proceeding
In this proceeding, the Trustee alleges that Gurian, among others, unlawfully caused downward pressure on the price of the House Stocks by engaging in various criminal acts and ultimately, thereby, causing Hanover's collapse. See Complaint in this Adversary Proceeding, dated February 27, 1997 ("Gurian Complaint"), at ¶ 2; Annexed
At the end of the day, the Gurian Complaint alleges that this scheme caused, and was intended to cause, Hanover's collapse. See id. at ¶ 2 & 10. Hanover's collapse in turn allegedly caused Adler's collapse because after Hanover's failure, Hanover was unable to meet its trading obligations. Adler, as Hanover's clearing firm, guaranteed these obligations, and the magnitude of Hanover's losses caused Adler to fail. Nonetheless, Hanover's customers, including the defendants herein, were protected, beyond the losses that Adler absorbed, because NSCC guaranteed Adler's clearing function. Thus, in brief and as alleged by the Trustee, these defendants caused Adler and Hanover to collapse, that failure in turn brought tremendous financial gain to these defendants, and Adler and NSCC paid for the fraud. See id.
II. The Ageloff Proceeding
In response to the downward pressure the defendants in the Gurian Proceeding allegedly put on the House Stocks, the defendants in the Ageloff Proceeding, Hanover employees, allegedly engaged in a fraudulent scheme to inflate the value of the House Stocks. This unlawful upward pressure was allegedly caused by booking massive numbers of sham purchases in the House Stocks. These sham purchases were cleared through Adler. See Complaint in this Adversary Proceeding, dated February 27, 1997, at ¶¶ 41-42 ("Ageloff Complaint"); Annexed as Ex. 3 to the Affidavit of Mitchell A. Lowenthal in Opposition to Defendants' Motions to Withdraw the Reference in Three Adversary Proceedings, sworn to on September 22, 1997.
In spite of this fraudulent scheme, at some point in time it allegedly became apparent to the Hanover insiders that Hanover could not survive the fraud being perpetrated by the defendants in the Gurian Proceeding. As a result, the Hanover insiders allegedly commenced a second fraudulent scheme to maintain the good will of Hanover's favored customers and to shift the losses away from these favored customers to Adler and SIPC. The complicated mechanism for perpetrating this alleged scheme was as follows.
Hanover's favored customers "sold" the House Stocks at artificially inflated prices to Hanover's proprietary account. Hanover in turn purported to "sell" these House Stocks to other unwitting Hanover customers who were unaware of the purported purchases being made on their behalf. See id. at ¶¶ 48, 51-51. Hanover allegedly never intended any of these transactions to clear. See id. at ¶¶ 6 & 49. After Hanover collapsed, and the House stocks plummeted in value, the favored customers would nevertheless have claims under SIPA for the "sales" of the House Stock at artificially inflated prices. See id. at ¶ 47. Again, Adler, as clearing broker, was left guaranteeing these transactions and, overwhelmed by the number and value of the transactions, collapsed. See id. at ¶ 8 & 44. In short, the Trustee alleges that the Ageloff defendants perpetrated a scheme whereby the favored customers were able to obtain artificially high prices for the House Stocks at Adler's and SIPC's expense. See id. at ¶ 48.
The Ageloff Complaint pleads causes of action under section 10(b) of the Securities Exchange Act of 1934 ("the Exchange Act") and Rule 10b-5, section 20(a) of the Exchange Act and for common law fraud and deceit. The complaint seeks at least $70,000,000 in damages and was filed on February
A. The August 8 Decision
By virtue of having filed a motion to dismiss, Ageloff triggered an automatic stay of all discovery in the Ageloff Proceeding. See 15 U.S.C. § 78u-4(b)(3)(B). By notice of motion dated May 9, 1997, the Trustee moved for relief from that stay. The August 8 Decision, as discussed in greater detail infra, granted the Trustee this relief. See August 8 Decision; Annexed as Ex. 11 to the Declaration of Dale. A. Schreiber in Support of Defendant Roy Ageloff's Appeal, dated August 25, 1997 ("Schreiber Dec."). On August 25, 1997, Judge Garrity issued a confirming order. See Affidavit of Mitchell A. Lowenthal in Opposition to Appellants' Motion Seeking to Reverse the Bankruptcy Court's Order Permitting Discovery to Proceed, sworn to on September 5, 1997; Ex. B ("the August Order"). By Stipulation and Order dated September 10, 1997, and after conference with the parties, the parties agreed to a briefing schedule with respect to Ageloff's appeal to this Court from the August 8 Decision and provided a method to address the effect my decision would have upon discovery in the underlying action. See Schreiber Dec.; Ex. 12 ("the September Order").
III. The National Union Proceeding
The last chapter in this trilogy of adversary proceedings involves the ever-present litigant in complex commercial litigation, the insurance company. On January 1, 1995, National Union allegedly issued a Financial Institution Bond ("the Bond") in favor of Adler. See Complaint in this Adversary Proceeding, dated March 14, 1997, at ¶ 4 ("the National Union Complaint"); Annexed as Ex. 1 to the Affirmation of Kevin J. Windels in Support of Motion to Withdraw Reference, sworn to on May 12, 1997 ("Windels Aff."). The Bond provides coverage up to $10,000,000, with a single loss deductible of $250,000, and purportedly covers the losses Adler incurred by virtue of Hanover's fraudulent acts. See id. at ¶¶ 5 & 7.
I. The Appeal from the August 8 Decision
Ageloff appeals from the August 8 Decision granting the Trustee relief from the automatic stay of discovery imposed by section 21D(b)(3)(B) of the Reform Act, title 15, section 78u-4(b)(3)(B). A brief summary of this decision follows. Initially, the bankruptcy court rejected the Trustee's argument that the Reform Act does not apply to SIPA trustees. See August 8 Decision at 6-10. In addition, as to the first of two statutory exceptions to imposition of the automatic stay, the court rejected the Trustee's argument that relief from the automatic stay was necessary to avoid the destruction of evidence. See id. at 10-11. The court also held, however, that the second statutory exception applied, the need to avoid undue prejudice, and thus granted the Trustee relief from the automatic stay. See id. at 11-17.
In briefing this appeal, the parties focus on whether the Trustee has satisfied his burden of establishing undue prejudice. I do not reach the merits of that question. Rather, as Ageloff correctly points out, the statute also requires the Trustee to articulate a need for "particularized discovery" necessary to avoid undue prejudice. See Memorandum of Roy Ageloff in Support of Appeal from the August 8, 1997 Decision of the Bankruptcy Court Vacating the Automatic Stay Provision of the Private Securities Litigation Reform Act, dated August 25, 1997, at 4 & 8 ("Ageloff Appeal Mem."); Reply Memorandum of
A. Jurisdiction to Hear the Appeal
In addition to his arguments on the merits, the Trustee also argues that I lack jurisdiction to hear this appeal. Ageloff relies upon 28 U.S.C. § 158(a)(3) in appealing the August 8 Decision; which provides in pertinent part as follows: "The district courts of the United States shall have jurisdiction to hear appeals . . . with leave of the court, from other interlocutory orders and decrees. . . ."
Referring to the September Order, the Trustee is certainly correct that parties to a litigation cannot, by stipulation, confer subject matter jurisdiction upon a court. See Memorandum of Law in Opposition to Appellants' Motion Seeking to Reverse the Bankruptcy Court's Order Permitting Discovery to Proceed, dated September 8, 1997, at 13-14 ("Trustee Appeal Mem."). Nonetheless, it was my perhaps unstated but implicit intent at the conference which gave rise to the September Order to grant Ageloff, as section 158(a)(3) provides, leave to appeal the August 8 decision. To the extent that this intent was not previously made clear, I do so herein.
Courts in this district have incorporated the standards applicable to interlocutory appeals under 28 U.S.C. § 1292(b) when evaluating whether to grant an appeal under section 158(a)(3). See, e.g., Back v. LTV Corp. (In re Chateaugay Corp.), 213 B.R. 633, 636 (S.D.N.Y.1997); United States Lines, Inc. v. American Steamship Owners Mutual Protection and Indemnity Assoc., Inc. (In re United States Lines, Inc.), 199 B.R. 465, 471 (S.D.N.Y.1996); Robinson v. Silverman (In re Johns-Manville Corp.), 47 B.R. 957, 960 (S.D.N.Y.1985). Indeed, on one prior occasion, I have done the same. See Fischer v. 47th Street Photo, Inc., No. 92 Civ. 6529(LAP), 1993 WL 126525, at *3 (S.D.N.Y. April 22, 1993). The Court of Appeals does not appear to have addressed this precise issue. Cf. Flor v. BOT Financial Corp. (In re Flor), 79 F.3d 281, 283 (2d Cir.1996) (tracking, in what appears to be the only Court of Appeals' decision discussing the current version of section 158(a)(3), the language of section 158(a)(3) and indicating, in dicta, that district courts have the authority to hear appeals from nonfinal orders "with leave of the court").
At the same time, courts have recognized that neither section 158(a)(3) nor the Bankruptcy Code specifically delineates the criteria which govern a section 158(a)(3) appeal. See, e.g., Official Bondholders Committee v. Chase Manhattan Bank (In re Marvel Entertainment Group, Inc.), 209 B.R. 832, 837 (D.Del.1997); Merchants Bank v. Vescio, 205 B.R. 37, 40 (D.Vt.1997); In re Johns-Manville Corp., 47 B.R. at 960. Nonetheless, these and the other cases discussed supra have continued to adopt the section 1292(b) standards. In a well-reasoned analysis, the United States District Court for the District of Rhode Island rejected this approach of automatic adoption of the section 1292(b) standard. See Williams v. United States (In re Williams), 215 B.R. 289, 298 n. 6 (D.R.I.1997) (granting leave to appeal from an order imposing monetary sanctions); cf. Sonnax Indust., Inc. v. Tri Component Products Corp., (In re Sonnax Indust., Inc.), 907 F.2d 1280, 1283 n. 1 (2d Cir.1990) (discussing the previous version of section 158(a)(3)
I find further support for the adoption of this approach in the fact that the concept of finality is viewed with greater flexibility in the bankruptcy context. See, e.g., In re Flor, 79 F.3d at 283; Victor v. Edison Brothers Stores, Inc. (In re Edison Brothers Stores, Inc.), No. Civ. A. 96-177-SLR, 1996 WL 363806, at *2 (D.Del. June 27, 1996); Fischer, 1993 WL 126525, at *1. Because the concept of finality is significantly and integrally linked to the standard for granting interlocutory appeals (insofar as appeals from final orders are not interlocutory in nature), a flexible approach to the concept of finality in the bankruptcy context supports a similarly flexible approach to the standard for granting interlocutory appeals from interlocutory orders of a bankruptcy court. In addition, the Court of Appeals has indicated that its appellate jurisdiction is more limited than the district courts vis-a-vis bankruptcy appeals. See In re Flor, 79 F.3d at 283. This fact also supports adoption of a standard, at the district court level, for determining whether to hear discretionary appeals which takes into account this broader jurisdiction and which is not automatically tied to a standard that is designed to limit, in a different context, the number of appeals to the Court of Appeals.
In short, under the unique set of circumstances presented herein,
B. The Merits of the Appeal
Initially, I must determine what standard of review to apply to the August 8 Decision. One standard is clear, but not particularly relevant on this appeal. Findings of fact cannot be set aside unless clearly erroneous. See Fed.R.Bankr.P. 8013. Conclusions of law are subject to de novo review. See, e.g., New York Typographical Union No. 6 v. Maxwell Newspapers, Inc. (In re Maxwell Newspapers, Inc.), 981 F.2d 85, 89 (2d Cir. 1992). Nonetheless, district courts occasionally apply an abuse of discretion standard when reviewing some bankruptcy court orders. See S.N. Phelps & Co. v. Circle K Corp. (In re Circle K Corp.), No. 96 Civ. 5801(JFK), 1997 WL 31197, at *8 (S.D.N.Y. Jan. 28, 1997) (collecting cases addressing motions to compel arbitration and the scope of permissible discovery). Indeed, in the related context of appeals from orders lifting the stay under 11 U.S.C. § 362, the Court of Appeals applies an abuse of discretion standard. See In re Sonnax, 907 F.2d at 1286. This is a quagmire I need not clear. Applying either standard, the August 8 Decision is reversed because it failed to address a requirement of the statutory scheme.
Title 15, section 78u-4(b)(3)(B), added as part of the Reform Act amendments (section 21D(b)(3)(B)), provides as follows:
As discussed above, the focus of this appeal is on the second statutory exception, "that particularized discovery is necessary . . . to prevent undue prejudice. . . ." The August 8 Decision did not address the "particularized discovery" language, and Ageloff appeals, in part, based upon that failure.
In urging affirmance, the Trustee asserts two arguments. First, the Trustee argues that the "particularized discovery" standard only applies to the "necessary to preserve evidence" exception. Second, the Trustee submits that even if the "particularized discovery" standard applies to the "undue prejudice" exception, it has satisfied that standard. See Trustee Appeal Mem. at 21-22. For the reasons that follow, I reject both arguments.
In arguing that the "particularized discovery" requirement only applies to the "necessary to preserve evidence" exception, the Trustee relies upon Medical Imaging Centers of Am., Inc. v. Lichtenstein, 917 F.Supp. 717 (S.D.Cal.1996). There, in the course of summarizing section 78u-4(b)(3)(B), the court stated as follows:
Id. at 720 (quoting 15 U.S.C. § 78u-4(b)(3)(B)). The Trustee seizes upon the fact that the Medical Imaging court did not attach the "particularized discovery" requirement to the court's articulation of the undue prejudice exception. Since the Medical Imaging court ultimately concluded that the party seeking application of the undue prejudice exception had not established undue prejudice, see id. at 721-22, it may well be the case that the court did not need to reach the question of whether that party had articulated a need for "particularized discovery." Nor is there any indication that the Medical Imaging court was required to address the precise argument raised by the Trustee. Regardless, to the extent that the holding in Medical Imaging can be read to eliminate the particularized discovery requirement in the undue prejudice exception, I reject that holding.
The plain language of the statute, in relevant part, provides as follows: "unless the court finds . . . that particularized discovery is necessary to preserve evidence or to
Accordingly, I turn to the question of whether the Trustee has articulated particularized discovery necessary to prevent undue prejudice. In resolving this question, I again point out that the August 8 Decision did not address the particularized discovery requirement. The court focused exclusively on the undue prejudice issue. Nonetheless, the Trustee attempts to avoid the absence of such an analysis by arguing that it has satisfied the particularized discovery requirement anyway. Because the Trustee's arguments are critical to resolving this question, they are worth quoting in full:
Trustee Appeal Mem. at 21-22. This paragraph represents the Trustee's entire argument with respect to the particularized discovery requirement and raises many matters worth commenting upon.
I turn first to the Trustee's suggestion that he has satisfied the particularized discovery requirement by specifying "documents and testimony from the defendants, former Hanover customers (some of whom are referred to in the Ageloff Complaint) and third parties, such as Hanover back office employees." Admittedly, the concept of particularized discovery is a nebulous one, and the phrase is not devoid of ambiguity, but one thing is clear, if that requirement were satisfied based upon the degree of specificity urged by the Trustee, it would be rendered meaningless. The items of discovery sought by the Trustee encompass an open-ended, boundless universe of discovery. Far from particularized, it is basically a request to continue any and all discovery that may arise. Again, whatever the meaning of the phrase particularized discovery, and I need not decide its outer and inner confines herein, the Trustee has not satisfied it.
Second, the Trustee claims that requiring any greater degree of specificity, such as a list of customers' names, would serve "[n]o valid interest" and would force the Trustee to "reveal his work product."
Third, I reach the Trustee's final argument that "[w]here, as here, undue prejudice results from the duplication of discovery, all discovery that is necessary in more than one proceeding is properly permitted in this action." It is worth pausing to examine how far the Trustee's argument has come from its initial articulation some two sentences ago. At the beginning of this paragraph, the Trustee argued that it had satisfied the particularized discovery requirement by "specify[ing] what discovery he needs now[.]" Perhaps implicitly recognizing that this alleged "specification" was nothing but the boundless and open-ended request that I have found it to be, the Trustee now argues that because undue prejudice results in the duplication "of discovery, all discovery that is necessary" should proceed. In other words, rather than argue that the degree of specificity necessary to satisfy the statute has been met, the Trustee concludes by arguing that, because of the unique facts of this case, the particularized discovery requirement does not apply and that "all discovery that is necessary" should be permitted.
I have already rejected this argument in holding that the Trustee must establish, as the statute plainly requires, what particularized discovery is necessary to prevent undue prejudice. Moreover, to the extent that the Trustee argues that it should be relieved of the particularized discovery requirement because of the unique facts of this action, I reject that argument as well. First, I note that the August 8 Decision rejected a similar argument raised by the Trustee; namely; that section 78u-4(b)(3)(B) does not apply to SIPA trustees. See August 8 Decision at 6-10. The argument raised herein is really just another, although more narrowly tailored, version of the argument which Judge Garrity rejected. Judge Garrity found that "[t]his litigation plainly falls within the scope of the Reform Act[ ]" and further disagreed with the Trustee that "the act [is] inapplicable on the basis of the peculiar facts of this case." Id. at 10. For the same reasons that he did so, so, too, do I. Second, other courts have rejected similar arguments from litigants
In sum, the August 8 Decision did not address the "particularized discovery" requirement. On appeal, the Trustee has attempted to cure that deficiency by arguing either that it is not a requirement or that the Trustee has satisfied it. For the reasons addressed herein, I reject both of these arguments. As a result, and because the failure to address this requirement was either a clear legal error or an abuse of discretion, Ageloff's appeal is granted, the August 8 Decision is hereby reversed and the August Order hereby vacated.
II. The Motions to Withdraw the Reference
A. The Ageloff Proceeding
Pursuant to 28 U.S.C. § 157(a), Congress granted district courts authority to refer to bankruptcy judges "any or all cases under title 11 and any or all proceedings arising under title 11 or arising in or related to a case under title 11." By order dated July 10, 1984, this Court issued the "Standing Order of Referral of Cases to Bankruptcy Judges." As a result, all cases which satisfy the criteria set forth in section 157(a) are automatically referred to the bankruptcy court.
At the same time that Congress granted district courts this authority, it also recognized, consistent with the holding of Northern Pipeline Constr. Co. v. Marathon Pipe Line Co., 458 U.S. 50, 102 S.Ct. 2858, 73 L.Ed.2d 598 (1982), that sometimes that reference should, and indeed must, be withdrawn and a case returned to an Article III court. Title 28, section 157(d) embodies this concern:
Courts have held, and the parties do not dispute, that this provision, and the cases interpreting it, apply in SIPA proceedings. See, e.g., Keller v. Blinder (In re Blinder, Robinson & Co.), 162 B.R. 555, 559 (D.Colo. 1994).
Section 157(d) sets forth two grounds for withdrawal; one mandatory, the other permissive. With respect to mandatory withdrawal, case law in this circuit is well-settled that in order to grant mandatory withdrawal, I must find that the matters raised in these proceedings or claims require "significant interpretation, as opposed to simple application" of non-bankruptcy federal law. City of New York v. Exxon Corp., 932 F.2d 1020, 1026 (2d Cir.1991); see also Bousa, Inc. v. United States (In re Bulk Oil (USA), Inc.), 209 B.R. 29, 30 (S.D.N.Y.1997) (articulating a variation of this standard, "substantial and material consideration" of non-bankruptcy federal statutes); LTV Steel Co. v. Union Carbide Corp. (In re Chateaugay Corp.), 193 B.R. 669, 673 (S.D.N.Y.1996); Keene Corp. v. Williams Bailey & Wesner, L.L.P. (In re Keene Corp.), 182 B.R. 379, 382 (S.D.N.Y. 1995); Shugrue v. Chemical Bank, Inc. (In re Ionosphere Clubs, Inc.), No. 94 Civ. 4614(JFK), 1995 WL 479480, at *2 (S.D.N.Y. Aug. 11, 1995); Revere Copper and Brass Inc. v. Acushnet (In re Revere Copper and
Both sides are particularly adept at citing these and legions of other cases from this and other circuits applying this standard. Other than for purposes of setting forth the applicable standard, and providing a general sense of the nature of the inquiry I must make, these cases are of limited usefulness. This inquiry is necessarily fact specific, and absent a decision involving virtually identical claims on an equally identical set of facts, reference to prior decisions is of marginal assistance. See In re Keene Corp., 182 B.R. at 382 ("[M]andatory withdrawal is a fact specific determination, and thus necessarily involves analysis in light of the circumstances involved in each case."); In re Ionosphere Clubs, 103 B.R. at 419 (observing that the "substantial and material" standard is "amorphous"). Thus, rather than pursue the lengthy analysis of the cases engaged in by the parties, I turn directly to the heart of the matter — application of this general standard to this specific set of facts.
Before doing so, it is appropriate to make an initial, cautionary statement. Ageloff's motion to dismiss is sub judice before the bankruptcy court. In seeking withdrawal, Ageloff asks me to determine that a particular claim or theory is novel, complicated or otherwise requires significant interpretation of non-bankruptcy federal law. Frequently, the Trustee opposes these arguments by suggesting that settled law resolves the matter. It occurs to me that in the course of answering these questions, I may, in effect, be rendering an advisory opinion on the pending motions to dismiss. The parties should note that I have absolutely no intention of doing so and have attempted to avoid expressing any such opinions. Nothing contained herein should be read, one way or the other, as expressing any opinion on Ageloff's pending motion.
Turning to the merits, as Ageloff correctly observes, to a large extent, this case has already generated an issue of importance and first impression vis-a-vis interpretation and application of non-bankruptcy law — the issues discussed supra, with respect to the Reform Act's automatic stay provision.
Transcript of Oral Argument, dated July 2, 1997, at 71-72; Supplemental Declaration of Dale A. Schreiber in Support of Defendant Roy Ageloff's Appeal; Ex. 1 (emphasis added) ("Oral Argument Tr."). Thus, the Trustee has already recognized that: (1) the Reform Act's pleading requirements are an issue with respect to the pending motions to dismiss (contrary to the suggestion that consideration of the Reform Act "is complete");
In attempting to avoid this conclusion, the Trustee makes a number of arguments, none of which dissuades me from reaching this conclusion. First, the Trustee argues that the motions to dismiss "may soon be decided[
Even if the combined effect of the novel issue raised by the lift stay proceeding and the developing law with respect to pleading issues under the Reform Act was not enough to warrant mandatory withdrawal, and I believe that these factors are sufficient, there are additional factors that support withdrawal. Ageloff, in reliance upon Alex, Brown & Sons Inc. v. Marine Midland Banks, Inc., No. 96 Civ. 2549(RWS), 1997 WL 97837 (S.D.N.Y. March 6, 1997), has raised the issue of whether the Trustee, on behalf of a clearing firm, has satisfied the "in connection with" requirement of Rule 10b-5. In opposing this argument, the Trustee attempts to distinguish Alex, Brown and discusses a considerable body of law addressed to the "in connection with" requirement. See Trustee's Memorandum of Law In Opposition to: The Motions to Dismiss of Defendants Ageloff, Ronan Garber, Dibella, Lembo, Mancino, Wolf and Danny Garber, [etc.], dated June 5, 1997, at 19-20 ("Trustee Dismissal Mem."); annexed as Ex. 6 to the Affidavit of Mitchell A. Lowenthal in Opposition to Defendants' Motions to Withdraw the Reference in Three Adversary Proceedings, sworn to on September 22, 1997. Even assuming, for the moment, that the Trustee is correct that Alex, Brown is distinguishable, this determination will require "significant interpretation" of non-bankruptcy law. Reviewing the arguments raised by the Trustee, and the Alex, Brown court's analysis, I conclude that resolution of this question will not entail "simple application" of the Exchange Act.
Finally, as I have mentioned, Ageloff's motion to dismiss this action has already been fully submitted, and the memoranda of law with respect thereto have been presented to me in connection with this motion. Thus, this case is perhaps unusual in that I have an opportunity to review the various substantive arguments raised by the parties with respect to the underlying claims in determining the extent to which these claims require "substantial and material" consideration of nonbankruptcy law. Having made such a review, it is clear to me that non-bankruptcy
B. The Gurian and National Union Proceedings
Gurian and National Union also move to withdraw the reference in their respective proceedings. Gurian asserts that both the mandatory and discretionary prongs of section 157(d) apply. National Union only argues that discretionary withdrawal should apply. As is perhaps evident, this is a peculiar case. Pending before me are three motions to withdraw the reference in three integrally linked cases. With respect to one of these cases, I have already determined that withdrawal is mandated. With respect to the remaining two, I find, for the reasons set forth below, that because the reference must be withdrawn in the Ageloff Proceeding, the reference in these other proceedings should, as a discretionary matter, be withdrawn as well.
My analysis begins with the linkage between the three proceedings. As the Trustee correctly observes, these three proceedings arise from the same facts and involve similar legal issues. See Trustee Withdrawal Mem. at 1-2. In brief, assuming the truth of the Trustee's allegations, Gurian and others conspired to drive down the prices of the House Stocks, this in turn drove down Hanover's value, which in turn caused Ageloff and others to attempt to drive up Hanover's value. When this latter scheme failed, Ageloff and his co-defendants allegedly attempted to bail out Hanover's favored customers. All of this relates back to Adler because Adler guaranteed these various sham transactions. Finally, the extent of National Union's liability, if any, depends, in part, upon whether these allegations are true and the precise nature of these schemes. Thus, while it is certainly correct that the causes of action in the three proceedings are not identical, and that other specific issues are not the same, the three proceedings are linked. In reaching this conclusion I also point out that the Gurian Complaint contains allegations that some of the defendants in the Gurian Proceeding extorted payments, in the form of bargain prices for stock, from the defendants in the Hanover Proceeding. See Gurian Complaint at ¶ 9. In addition, the Gurian defendants allegedly worked with the Hanover defendants to bring some of the House Stocks at issue to market. See id. at ¶ 7.
This brings the analysis to the question of whether permissive withdrawal over the Gurian and National Union Proceedings is warranted. In resolving this question, the Court of Appeals has set forth a series of factors to consider: (1) whether the proceedings raise core or non-core claims; (2) judicial economy; (3) uniformity of bankruptcy administration; (4) prevention of forum shopping; (5) economical use of the debtor's resources; (6) efficient and expeditious resolution of the bankruptcy process; and (7) whether a jury trial has been demanded. See Orion Pictures Corp. v. Showtime Networks, Inc. (In re Orion Pictures Corp.), 4 F.3d 1095, 1101 (2d Cir.1993), cert. dismissed, 511 U.S. 1026, 114 S.Ct. 1418, 128 L.Ed.2d 88 (1994). First, I should determine whether the underlying claims are core or non-core "since it is upon this issue that questions of efficiency and uniformity will turn". Id.
Here, I shall assume, without deciding, that the claims in both the Gurian and National Union Proceedings are core matters, thus giving the Trustee the benefit of
With respect to these concerns, and the factors outlined in Orion, I find that permissive withdrawal is appropriate in the Gurian and National Union Proceedings. My overriding reason for so holding is the overlapping and interlocking nature of these proceedings to the Ageloff Proceeding. The Ageloff Proceeding is being withdrawn because it must be withdrawn. Given that, it seems to make the most sense to adjudicate these three related cases in one forum before one court. To do otherwise would be to break up related cases in a manner that would only create inefficiency and wasted resources. In so finding, I also rely upon the fact that in the National Union Proceeding, the case is still in its early stages, and no motions have been filed. To date, it appears that National Union has only responded to initial discovery demands from the Trustee. See Windels Aff. at ¶ 11. With respect to the Gurian Proceeding, as noted previously, Gurian's motion to dismiss has been withdrawn and the automatic stay of discovery thereby lifted. Gurian has answered and demanded a trial by jury. Other than initial discovery matters (and this is not entirely clear on this record at this time), little appears to have taken place. See Reply Memorandum of Law of Defendant Philip Gurian In Support of His Motion for Withdrawal of the Reference to the Bankruptcy Court, dated October 6, 1997 ("Gurian Reply Mem.").
In opposing these efficiency and uniformity arguments, the Trustee emphasizes that Judge Garrity has devoted a considerable amount of time to this bankruptcy proceeding — holding countless hearings and issuing an equally large number of orders. See Trustee Withdrawal Mem. at 25-28 & App. B. This is certainly true. The Trustee also points out that in addition to being related to each other, these three proceedings are related to other proceedings before the bankruptcy court in which the parties have not sought withdrawal. See id. While these factors weigh against withdrawal, they do not ultimately dissuade me from doing so. The Ageloff Proceeding must be withdrawn, regardless of these concerns, because it involves significant and substantial consideration of non-bankruptcy law. Having reached that conclusion, to leave the Gurian and National Union Proceedings before the bankruptcy court would, on balance, result in greater inefficiency than withdrawing them here, in spite of whatever related actions may continue before the bankruptcy court. These three adversary proceedings are most related to each other and should be heard
In sum, even assuming that the Gurian and National Union Proceedings are core matters, these cases should be heard together with the Ageloff Proceeding. As a result, the motions to withdraw the reference in both the Gurian and National Union Proceeding are granted.
For the reasons stated above, Ageloff's appeal from the August 8 Decision is granted, and that decision is hereby reversed and the August Order is hereby vacated. In addition, the reference in the Ageloff, Gurian and National Union Proceedings is hereby withdrawn.


text:
Aha Moment: Beastie Boys
Young Jean Lee is a playwright who's become an it-girl of experimental theater in New York City. Her play The Shipment is a study of black identity, though she is Korean-American; most recently, she created a wordless piece called Untitled Feminist Show performed by a half dozen women in the nude.
Growing up in the late 1980s in Pullman, Washington, Lee was one of the only Asian kids. Attempting to blend in, Lee toed the line, dressing in Esprit and listening to Tiffany and New Kids on the Block. But a Rolling Stone review convinced her to splurge on Paul's Boutique, the Beastie Boys' 1989 album.
"It basically rewired my brain," she remembers. "This album, it's confusing and it's messy. It's meticulously constructed but things are put together because of how they sound and feel." The record's mix of '70s funk samples and lyrical nonsequiturs exposed Lee up to a radically new style of creative expression. And she was blown away by the cowbell.
"The album really opened my mind to unconventional structures," Lee says, "the idea of playing with form and the idea of things just being right together without necessarily having a clear logic behind them."
→ Is there a book — or a movie, album, or other work of art — that has changed your life? Tell us in a comment below or by e-mail.
Video: "Hey Ladies" by the Beastie Boys
Music Playlist
All I Want for Christmas is YouArtist: Mariah CareyAlbum: Merry ChristmasLabel: Sony
Egg ManArtist: Beastie BoysAlbum: Paul's BoutiqueLabel: Capitol
Hey LadiesArtist: Beastie BoysAlbum: Paul's BoutiqueLabel: Capitol
Lighten UpArtist: Beastie BoysAlbum: The In Sound From Way Out!Label: Capitol
Groove HolmesArtist: The In Sound From Way Out!Album: Beastie BoysLabel: Capitol
You Got It (The Right Stuff)Artist: New Kids on the BlockAlbum: Hangin ToughLabel: SBME SPECIAL MKTS.

subset: commoncrawl


text:
Contact us 24/7: +1 877 678 9627
View product details
Zoom In
- - Fits true to size, take your normal size
- - Cut for a slim fit
- - Mid-weight, non-stretchy fabric
- - Those with a large bust may wish to take the next size up
- - Model is 177cm/ 5'10" and is wearing a size XSmall
Vineet Bahl's quilted lightweight cotton waistcoat has a beautiful bohemian charm. The perfect layering piece for trans-seasonal days, slip it on over a staple T-shirt.
Shown here with: Equipment top, Kenneth Jay Lane bangles, Monica Vinader bracelet and bracelet, Maria Black ring, Maiyet ring, Maison Martin Margiela ring, Frame Denim jeans, Sophia Webster shoes, Stella McCartney clutch.
- - Multicolored quilted cotton
- - Gold embroidery, fully lined
- - Concealed hook fastenings through front
- - 100% cotton
- - Dry clean
Product Code: 381514
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Product Code: 381514


text:
HOLMDEL, N.J., June 21, 2006 /PRNewswire-FirstCall via COMTEX News Network/ -- Today the FCC voted to include all Voice over Internet Protocol (VoIP) services under its new interim Universal Service rules. VoIP customers regardless of provider will soon be obligated to pay the Universal Service Fund (USF) tax directly. However, due to the elimination of Federal Excise Tax (FET) from VoIP services the new USF tax will result in a net slightly higher customer bill. Vonage is assessing which method of contribution will be most beneficial for its customers.
"Vonage fully supports its obligations to government programs. Last month the Treasury advised us to cease collecting FET, to the benefit of customers, and now we must begin to collect USF tax, balancing the scales," said Mike Snyder, CEO, Vonage Holdings Corp. "Now that VoIP customers will be contributing directly to the fund, we hope as a result of this interim rule, VoIP companies will now be able to utilize universal service funds enabling Vonage and the industry as a whole to bring new technologies like ours to rural America."
About Vonage
Vonage (NYSE: VG) is a pioneer in the Internet telephony industry. The award winning Vonage(R) service is sold on the web and through national retailers. For more information about Vonage's products and services please visit http://www.vonage.com. Vonage Holdings Corp. is headquartered in Holmdel, New Jersey.
Statements in this press release that are not historical facts or information may be forward-looking statements. These forward-looking statements are based on information available at the time the statements are made and/or management's belief as of that time with respect to future events and involve risks and uncertainties that could cause actual results and outcomes to be materially different. Important factors that could cause such differences include, but are not limited to, our history of net operating losses and our need for cash to finance our growth; the competition we face; our dependence on our customers' existing broadband connections; differences between our service and traditional phone services, including our 911 service; uncertainties relating to regulation of VoIP services; system disruptions or flaws in our technology; our ability to manage our rapid growth; the risk that VoIP does not gain broader acceptance; and other factors described in our registration statement on Form S-1, as amended, and in our subsequent periodic reports filed with the SEC.
SOURCE Vonage
Chris Murray of Vonage, +1-202-295-8783, or email@example.com
Copyright (C) 2006 PR Newswire. All rights reserved.
News Provided by COMTEX


text:
The Press Newspaper
The Press Newspaper
The Northwestern Water and Sewer District received a low interest loan from the Ohio Environmental Protection Agency to address storm water infiltration into the sanitary sewer system in Northwood.
The sewer district is funding the project with the $237,914 loan from the agency's Water Pollution Control Loan Fund, which provides below market interest rate loans for communities to improve their wastewater treatment systems.
The loan will be used to rehabilitate sanitary sewers in the Homecraft area of Northwood (Andrus and Tracy roads area), which connects to Toledo's collection system. Toledo is continuing a long-term project to address sewer overflows within the city's sewer system that will improve local and Lake Erie water quality, according to officials from the Ohio EPA. In addition to helping to reduce sewer overflows in Toledo, the Northwood project will alleviate local basement sewage backups.
Phase 1 of the Cedar Point Road trunk sewer installation in Oregon that started last Monday is expected to be completed by the end of June.
The city awarded a contract to install a 24-inch trunk sanitary sewer along the west side of Wynn Road starting just north of Eagles Landing Drive and ending just south of the Wynnscape subdivision.
The work will be in the existing public right of way along Wynn Road, according to Public Service Director Paul Roman. The trunk sanitary sewer will have will have the capacity and depth to be extended down Cedar Point Road to the east in the future. Some sanitary sewer crossovers will be provided for future service to properties on the east side of Wynn Road that do not currently have access to a sanitary sewer.
The Ottawa County Prosecutor is expanding his policy covering updates of legal issues by making them available not just to law enforcement agencies in the county but also to the public.
Mark Mulligan last week said he will provide the updates – known for years in local law enforcement circles as "Mulligrams" – to local news outlets as well as police agencies.
He began sending the updates to the agencies shortly after he began prosecuting cases to keep officers up to date on developments in criminal justice.
"The law is not static and justice requires keeping up with the latest developments," he said, adding the county's law enforcement officers have come to depend on these updates as one source of current information.
Marine debris is a problem that's easy for most people to ignore on a daily basis – but it's not something you can ignore when it's tangled in your trawl net, inside the stomach of the fish you catch or under your microscope in the lab.
To help address the problem in the Great Lakes, staff from NOAA's Marine Debris Program have partnered with Ohio Sea Grant and Stone Lab on a variety of education and outreach programs that focus on preventing marine debris and minimizing its harm on the environment. Marine debris, especially plastics, has direct and indirect impacts on wildlife and the ecosystems of our oceans and other waterways.
"Marine debris is a global problem, not just an ocean problem," explained Sarah Lowe, Great Lakes Regional Coordinator for the NOAA Marine Debris Program. "Essentially the same types of debris are found in the Great Lakes: There are the general litter-type items, there are microplastics problems, and there's derelict fishing gear that we see in both places, so it's really one and the same issue."
Al Thompson left Northwest Ohio on August 17 on a bicycle ride around the perimeter of the United States in an effort to raise funds for Habitat for Humanity and Save the Children.
Here is an excerpt from his blog, which you can follow by going to presspublications.com and clicking on the icon on the upper right.
What will you do this summer...vacation or staycation?
Vacation (2 Votes)
Staycation (2 Votes)
1552032221 [{"id":"192","title":"Vacation","votes":"2","pct":50,"type":"x","order":"1","resources":[]},{"id":"193","title":"Staycation","votes":"2","pct":50,"type":"x","order":"2","resources":[]}] ["#194e84","#3b6b9c","#1f242a","#37414a","#60bb22","#f2babb"] sbar 160 160 /component/communitypolls/vote/74-staycation No answer selected. Please try again. Thank you for your vote. Answers Votes


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What do we need to know in cereals? Do we need to know like milling??
I would definitely know the milling process .. If cereals comes up, it more than likely could be asked! Know the structure of the grain (how to draw it and also know about the bran, germ & endosperm), dietetic value, different types of flour (including how much of the grain is in each type, it has been asked in the short Q's before) & pasta, oats, rice, maize & barley .. There's a lot of different things that can come up in the short Q's about cereals
any clue on whats for long Qs??


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Male Sports Culture
Why Men Love Sports More Than Anything
It's not just blogger types who are intruding on the eternal relationship between the sports journalist and his prey. Increasingly, the athletes are cutting out the middleman and speaking directly to their public. In basketball, Deron Williams of the Brooklyn Nets hired his own beat reporter to attend games and cover him for his website. In soccer, Rio Ferdinand of Manchester United publishes his own digital magazine, #5. Less ambitious athletes speak to their fans through Twitter and Facebook. That way, no pesky journalist can misquote them.
Yet even if the revenues of the traditional sports press are under pressure, the appetite for sports chatter just grows. A study of American sports fans, commissioned by ESPN in 2008, found that fans consume about twice as much media per day as other young men. The fans were forever following the news on TV, radio, their phones and even in newspapers. The mighty are not immune. When George W. Bush was U.S. president, his chief of staff Andrew Card said, "He does not dwell on the newspaper, but he reads the sports page every day."
Reading sports news is very far removed from watching actual sport. In fact, said Italian thinker Umberto Eco in his essay "Sports Chatter," talk about sport has become practically independent of sport itself. Sport today, writes Eco, consists of "discussion of the sports press," which is "a discourse on a discourse about watching others' sport as a discourse." He means that people waste their lives talking about what José Mourinho said about Arsene Wenger, or whom Mario Balotelli is sleeping with. Instead of consuming sports, they mostly consume us, the sports media. I remember once telling a young woman about a soccer journal I was editing. "Does anyone read this?" she asked. "Some people do," I said. She burst into cackles of laughter. "Why are you laughing?" I asked, hurt. "Men are so stupid," she explained.
Why do men consume this stuff? Both Eco and the left-wing American thinker Noam Chomsky note that fans devote energy to sports talk rather than to more serious issues. Sports fans analyze sport in much the same way that a select few discuss politics. For instance, writes Eco: "Instead of judging the job done by the minister of finance (for which you have to know about economics, among other things), you discuss the job done by the coach."


text:
Reality TV star Dog the Bounty Hunter has vowed to catch the MMA fighter accused of viciously beating his porn star ex-girlfriend.
This week adult film star Christy Mack alleged she and another person were attacked in her Las Vegas home by her ex Jon Koppenhaver, also known as 'War Machine'.
She suffered 18 broken bones during the alleged assault, and posted images on Twitter of her appalling injuries in a bid to catch her attacker.
Las Vegas Police have issued a warrant for Koppenhaver's arrest but now Dog - real name Duane Chapman - has stepped into the fray.
Dog has starred in his own TV shows for 10 years, showing him track down and apprehend real life criminals.
Following Mack's appeal he announced the MMA fighter was next on his list.
He wrote on Twitter: "We're very close to him right now, the bell has really rung now.
"It takes a lot after the bell rings to make the first step into that ring, doesn't it?
"This is the bell of your life, it just rang, be a man and step in."
Since then he has repeatedly tweeted warnings to Koppenhaver that 'his time is up', urging that he turn himself in to authorities.
In a statement released on Twitter, Mack, 23, claims the alleged incident happened at 2am last Friday.
She wrote: "I have no recollection of how many times I was hit, I just know my injuries that resulted from my beating.
"My injuries include 18 broken bones around my eyes, my nose is broken in 2 places, I am missing teeth and several more are broken.'
"I also attained several lesions from a knife he got from my kitchen.
"He pushed the knife into me in some areas such as my hand, ear, and head.
"He also sawed much of my hair off with this dull knife.
"After some time, the knife broke off of the handle and continued to threaten me with the blade.
"I believed I was going to die."
A $10,000 reward has reportedly been offered for any information that leads to Koppenhaver's arrest.
The 32-year-old fighter from San Diego has denied being the attacker, even initially posting a few Tweets in his defence.
However Koppenhaver has been silent on social media since Sunday.
Mack has thanked well wishers for their support on her Twitter profile, which has 607,000 followers.
A fundraising campaign has been set up to help pay for her medical bills, with supporters using the hashtag #justiceforchristymack.
Police have not identified the third person who was in Mack's home and also assaulted, but confirmed they both sustained 'severe but non-life-threatening injures.'
The son of a police officer, Koppenhaver has had a varied career, including stints as an ultimate fighter and as a porn star himself.
He and Mack posed nude when still a couple in the January issues of Hustler magazine.
Two years ago Dog had been due to appear on Celebrity Big Brother but was denied a UK visa due to a previous murder conviction.
In 1976 when Chapman was 23 he was in a car outside a house in Pampa, Texas, where a friend had gone inside to buy marijuana.
He said the friend got into an argument with the dealer and shot him.
He and the others in the group were all found guilty of murder.
Chapman was sentenced to five years in prison but was freed on parole after 18 months.


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Example of adiabatic compression
Let's now look at a common example of adiabatic compression- the compression stroke in a
gasoline engine
. We will make a few simplifying assumptions: that the uncompressed volume of the cylinder is 1000cc's (one liter), that the gas within is nearly pure nitrogen (thus a diatomic gas with five degrees of freedom and so
= 7/5), and that the compression ratio of the engine is 10:1 (that is, the 1000 cc volume of uncompressed gas will compress down to 100 cc when the piston goes from bottom to top). The uncompressed gas is at approximately room temperature and pressure (a warm room temperature of ~27 degC or 300 K, and a pressure of 1 bar ~ 100,000 Pa, or about 14.7 PSI, or typical sea-level atmospheric pressure).
so our adiabatic constant for this experiment is about 1.58 billion.
The gas is now compressed to a 100cc volume (we will assume this happens quickly enough that no heat can enter or leave the gas). The new volume is 100 ccs, but the constant for this experiment is still 1.58 billion:
so solving for P:
or about 362 PSI or 24.5 atm. Note that this pressure increase is more than a simple 10:1 compression ratio would indicate; this is because the gas is not only compressed, but the work done to compress the gas has also heated the gas and the hotter gas will have a greater pressure even if the volume had not changed.
We can solve for the temperature of the compressed gas in the engine cylinder as well, using the ideal gas law. Our initial conditions are 100,000 pa of pressure, 1000 cc volume, and 300 K of temperature, so our experimental constant is:
We know the compressed gas has V = 100 cc and P = 2.50E6 pascals, so we can solve for temperature by simple algebra:
That's a final temperature of 751 K, or 477 °C, or 892 °F, well above the ignition point of many fuels. This is why a high compression engine requires fuels specially formulated to not self-ignite (which would cause
engine knocking
when operated under these conditions of temperature and pressure), or that a
to provide a lower temperature at the same pressure would be advantageous. A
diesel engine
operates under even more extreme conditions, with compression ratios of 20:1 or more being typical, in order to provide a very high gas temperature which ensures immediate ignition of injected fuel.
Here ya go guy's...the science behind it. Theory works to get you something useful in practical applications but stray too far from theory and the practical won't last too long!
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text:
|The Real Estate Investment Banking Company
Our Culture
In 1967, Eastdil Secured pioneered the real estate investment banking industry with a successful platform that combines conventional real estate brokerage with the corporate finance and capital markets expertise of an investment bank. We continue to set the industry standard for knowledge, value creation, and outstanding client service by providing customized solutions, executable advice, and reliable financial counsel. The exceptional quality of these services is greatly inspired by our unique culture which elicits revolutionary strategies through leadership, teamwork, and innovation.
We believe our culture is the asset that best complements our unmatched experience and expertise. Emerging from a strong Passion for Excellence, our culture motivates us to achieve the highest standards of quality and results for our clients – all for one, one for all, all for the benefit of the client. The shared vision of our firm and its individuals fosters a team approach that is supported by our non-commissioned environment. Through this approach, our clients benefit from our firm-wide responsiveness, coordinated multi-level access to all investors and capital sources, and real-time knowledge of the market, buyers, sellers, capital sources, and challenges presented in any transaction. Ultimately, our culture is the collective formation of the knowledge, experience, and relationships necessary to maximize opportunities that materialize in any real estate investment banking environment.


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Answers Home
» Breeds
Yorkinese dogs. Have you had one? Or have you played with one?
I have a yorkinese puppy. Yorkshire terrier and Pekingese. He is a wonderful dog. Very happy and playful. He has the best disposition. I have never heard of or played with a Yorkinese before. What are your experiences with the breed? Thank you for any feedback.
Asked by
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on Apr 12th 2012
in Breeds
- Cast your vote for which answer you think is best!


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Icon-A-Day, Icon # 58, URL History Folder
Back into the folders.
Sunday, February 27, 2005 by mormegil | Discussion: Icons
|Icon 58 (URL History Folder)
Today we will start back up on the folders. In the process we will make a clock that we can use in several other places in our Icon Pack. Here we go.
So with no further ado, I give you the URL History folder.
|Step 1:
We will start by copying the Web Folder, and removing the globe and cable.
|Step 2:
Now I use traditional drawing tools, a few circles and the Bezier Drawing tool to make a clock face.
|Step 3:
Now I group our clock together and lean it back with the perspective tool.
|Step 4:
I use the Interactive Transparency tool to make the body of the clock appear like glass.
|Step 5:
With a series of gradients I fill out the hands. I also give them some standard drop shadows to give them some depth.
|Step 5:
Now using our Shadow techniques I give the clock some shadows.
|Step 6
Now I simply move the clock in front of the folder, and give it a new reflection.
Completed Icon Image.
Tomorrow we will move on further through the folder Icons.
Blog: DesktopX 3, Photo albums, furniture, and ObjectBar 2
The calm before the March storm..
Sunday, February 27, 2005 by Frogboy | Discussion: Community
Tomorrow is a big day for us. It's the release of Multiplicity which we've been working towards for over a year. It's one of the most useful programs I've ever used and we made it! Hopefully with a trial version of it available, people will be able to see why it's not the same as some open source program or whatever alternative one might imagine. We'll see. I'm using it right now to do this blog. I have one machine that doesn't have hardly anything on it (not even WindowBlinds) which I'm using to test things and then this one which is my "work" machine which is currently running the Dream theme update.
Spent a lot of time going over Galactic Civilizations II's alpha. Lots of good stuff but we have our work cut out for us. Luckily we have time but as a very lazy guy, I lament how much work is in store for me and the team to get through.
Hopefully tomorrow afternoon we'll be able to hand out betas of DesktopX 3 to key developers. I've been trying out different things today to see what can be done. I think one of the biggest features is the ability to have preferences dialogs in your widgets (and no XML is needed to do this).
Personally, I wish more of the samples used JavaScript. I positively hate VB Script. It's so..yucky. But I'm biased since I come from the C++ world of things.
I got a new internal build of ObjectBar 2 to play around with. The Mini Skin editor for it is ready and I'm going to try to reproduce the OS/2 Control Center exactly - pixel for pixel. DesktopX 3 widgets/gadgets can be seamlessly embedded into an ObjectBar bar. And ObjectBar 2 can export its bars as EXEs as well. So you could make your own Longhorn bar or Mac Finder bar or whatever and then have it be a program you can distribute with the user only needing the ObjectBar run-times to use it (i.e. you don't have to load up ObjectBar and fish for the .obtheme). The combination of being able to use DesktopX 3 widgets and being able to export its content as a program should hopefully be pretty compelling.
Imagine it - instead of people having to write complicated plugins or wait for the "bar developer" to come up with some feature (RSS feed, MP3 player, weather, etc.) like you do with other bar programs, you can just stick in there a widget. Widgets, in essence, take on the role plugins do in other programs except anyone can make a widget. And it's a lot easier to "Skin" a widget than it is to make a skin for some bar program.
The final touches on ObjectDock 1.11 and WindowBlinds 4.51 were finished up and we're just waiting to catch our breath to release those. We also have a fantastic new skin pack from Essorant that is about to be released. Same as the others, we're just waiting to catch our breath. March is going to be crazy.
My wife had a scrap booking party. Those primitives with their paper and scissors. ;) Canon bundles (or used to anyway) this wonderful program called "Photo Record". Has both Mac and PC versions (I have both) and it's just fantastic for creating your own photo albums.
Of course it doesn't have the social aspect of scrap booking parties or the tactile satisfaction of actually making stuff. But I still find it pretty neat to use and the results are fantastic.
I have a bit over a month to find a new car. No luck so far. I currently have a Bonneville and they've discontinued that. So I'm off looking for something else. Want something with GPS, adaptive cruise control, and heads up display. Not terribly price sensitive on the issue but I'm pretty cheap.
Speaking of being cheap, Stardock is going to be moving to a whole new office this May. It'll have twice the square footage as what we currently have and we'll own it (we currently lease). But the interior decorating bill..oye. We're looking at around $150k to do what we want to do. So we're going to be cutting out some things. Quite a few things. Note that this doesn't include carpeting, wallpaper, acoustical ceiling tiles, natural lighting, and all the other fancy stuff we're doing to make our new office really slick. The $150k range is just for the desks and other furniture. We're going to get rid of some stuff that was mostly cosmetic and hopefully by the time we're done we'll be closer to $100k. We want to get everyone new furniture since what we have now is kind of falling apart except for the central development lab furniture which we're keeping and the WinCustomize team will upgrade to that.
Icon-A-Day, Icon # 57, Zip File
Last "file" for awhile.
Saturday, February 26, 2005 by mormegil | Discussion: Icons
|Icon 57 (Zip File)
Now we come to the last of the default supported file types, the Zip file. I like to do this one as a folder, because the way I use zip files is more like a folder than a file. And Windows, by default, shows them as "compressed folders". This is also an excuse to get us pointed back toward the Folder icons for awhile. Well lets see what we can do.
|Step 1:
First I am going to go way back to our Word Document, and copy it. I also delete the Word logo overlay.
|Step 2:
Next I copy the file in the folder and make 3, with different colored files. This is to imply that there is a lot stuffed in the folder.
|Step 3:
Now I put my new folders inside the folder by placing them behind the Folder front.
|Step 4:
Now I need a zipper. I draw some simple shapes and duplicate them to make the zipper "track"
|Step 5:
Using the Perspective tool I slant the track back to fit on the folder front. Then I give it a "poor mans bevel" (see the Contour Tutorial for more on that).
|Step 6
Now I draw the zipper handle with 3 rectangles and the mesh fill tool.
|Step 7:
I spend a little time with the mesh tool giving the handle some detail.
I also give the different parts of the zipper their own shadows, to give the handle a more natural look.
|Step 8:
Now using our Shadow techniques I give the zipper head a new shadow.
|Step 9:
Last with the Reflection Techniques to do a nice reflection of the entire image.
|Completed Icon Image.
Click here to download the finished icon.
Tomorrow we will dive back into the folder icons, so check back in then.
Icon-A-Day, Icons #55 & #56, RTF & Write Files
Little used and little loved, but need to to be done.
Friday, February 25, 2005 by mormegil | Discussion: Icons
|Icon 55 & 56 (RTF & Wight Files)
Today we will take care of two of the least glamorous and seldom seen File Type icons supported in the default types. The Write file is almost never used anymore, so I have decided to not place the extension in the title area, this will allow people to use it for just about any simple word processor.
The RTF file is more or less a slightly fancier copy of our Text file, on it we have some formatted copy with different colors.
Lets see how we came up with these in some very simple steps.
|Step 1a:
I start with the Text File, and remove the copy and lines. And I change the Title to RTF.
|Step 2a:
Now using the Artistic Text tool I make some formatted text and place it on our file.
|Step 3a:
Now to say that this is an editable format, make a copy of our Pen Overlay and place it in front of our new file.
|Step 4a:
Last with the Reflection Techniques I create a new reflection of the file.
|Finished Icon Image.
|Step 1b:
For our second file I simply copy the RTF file and edit the copy to make room for a picture. I sold the picture from our BMP file.
|Step 2b:
Last thing is to copy the pen back in front of the file.
Completed Icon Image
Tomorrow we will finish of the last of the Default File icon types and do the Zip file. So check back in soon.
Icon-A-Day, Icon # 54, Video Clip
The stand in video file.
Thursday, February 24, 2005 by mormegil | Discussion: Icons
|Icon 54 (Video Clip)
As we polish off the default file icons, we come to the Video Clip icon. This icon is used by windows for several types of files; if we don't do the WMA, and AVI file types separately they would show up as the Video Clip icon. I like to do this a bit different than the MOVIE icon. This time I decided to do a "Clapper" in the Glassy style we are using elsewhere in the pack. Ok, off we go.
|Step 1:
First thing I do is copy our WMV file and remove the WMP Logo, and all the shadows and reflections. I also delete the title.
|Step 2:
Now I want to make a "Clapper" So I draw it with the rectangle tool.
|Step 3:
Now I take our clapper and lean it back against our file with the perspective tool.
|Step 4:
Now I duplicate the bottom of the clapper twice and use the original image to trim the edges from the duplicates to get the edges of the clapper.
|Step 5:
Now using the mesh tool and a few circles I make a clasp to hold on the top of the clapper.
|Step 6:
Now I make some text to go on the clapper, and using the perspective tool fit it on the bottom.
|Step 7:
Now I give the clapper some subtle gloss since it is glassy.
|Step 8:
Now using our Shadow and Reflection Techniques I put a reflection of the clapper in the film, and a nice shadow under the clapper.
|Step 9:
Last with the Reflection Techniques I new refection of the file and clapper together.
|Completed Icon Image.
Click here to download the finished icon.
This is the last of the Default Video icons, we will do some bonus Video Type icons before the pack is done. But for now this can stand in for just about any type of Video file.
Icon-A-Day, Icon # 53, The Media File
Little bit video, little bit music.
Wednesday, February 23, 2005 by mormegil | Discussion: Icons
|Icon 53 (MEDIA File)
We only have 5 default file types left in our package. We will however do more File type icons before our pack is done, but since I am sort of on a File Type roll, I figured we should just push on thru and polish of the default file icons over the next few days.
Today we will do one of the most obscure file icons; the Media file. This one can be many either video or sound (I think) and so it has become my habit to make it some kind of mix of our Video File style and our Music File style. Today we will do the same thing.
|Step 1:
I start by copying the MIDI file, moving our notes off to the side, and deleting the graphics from the front of the file.
|Step 2:
Now I copy one of our video files over. I set the outside of the Film to black, and the center to a Rainbow-like gradient. Then I make both a bit transparent.
|Step 3:
Now I move our Notes back in front of our file. and make sure they look ok.
|Step 4:
Now using our Reflection Techniques I make the new graphics a nice reflection.
Completed Icon Image.
Click here to download the finished icon.
Tomorrow we will polish of the last of the Default media type files and take care of the "Video Clip"
Icon-A-Day, Icon # 52, GIF File
The last of the default Image File icons.
Tuesday, February 22, 2005 by mormegil | Discussion: Icons
|Icon 52 (GIF File)
Today we will polish off the last of the Default Image file icons. The GIF File. This one is usually pretty simple in concept for me, since GIF's are almost exclusively used for the internet, and when I think of Internet GIF files I think Smileys. So for the last few of my icon packs, I have gotten into the habit of doing something with a pixilated smiley graphic. Today I will do it again. but a bit differently than I have before.
|Step 1:
First thing we do is copy the BMP icon from yesterday and delete the page contents, as well as the reflections. I also change the title to GIF
|Step 2:
Now in the last icon we had the brush going behind the icon. We will stick with that, (I am going to end up redoing the JPG file, I just know it). I also use the Mesh tool to change my swoosh to yellows.
|Step 3:
Now since I am tired, I take a Screenshot of my MSN instant messenger and crop it down to just one of the smileys. I will use this as a guide to make my own.
|Step 4:
No using a .03 pixel box and the Nudge settings, I make my own version of the smiley, with a bunch of colored squares. (Note, I want this to look pixilated)
|Step 5:
When I am happy with my new smiley, I size it and place it on my page. I select all the squares and give them a Multiply Transparency set to 0.
|Step 4:
Our last step is to use the Reflection techniques to give our new images that final polish.
|Completed Icon Image.
Click here to download the finished icon.
This is the last of the 3 Default Image icons, BMP, GIF, and JPG. But have no fear, I will be doing several more image format icons before the pack is done. I just want to polish off the default icons before I go off on we move on into more bonus file types.
Icon-A-Day, Icon # 51, The Bitmap File
This one makes me crazy.
Monday, February 21, 2005 by mormegil | Discussion: Icons
|Icon 51 (BMP File)
Today we get back to the default file icons and as long as we're at it lets take care of the first one on the list: the Bitmap file.
This icon is one of those icons that drives me crazy. It is exceedingly simple in concept, yet always leaves me wanting more. For the JPG file I almost always do a photograph of some kind, since JPG's are most well known for saving digital "Pictures". For the GIF file I like to do a smiley, or some other pixely net image since Gifs are best know for the web, and emoticons. Bitmaps or BMP files are perhaps best known for wallpaper, but it would seem odd to put a monitor on a file. (Note to self, try this someday, might work). What I tend to end up doing is some sort of generic image, a "Bliss" like image, or a sunset. This is why I am never exited to do the BMP icon, and I tend to put it off. But since I promised a file icon to day I have decided to get this one checked off the list.
|Step 1:
Once again we will start by copying a base icon, this time the JPG file. I delete everything but the main file and its title. The title I change to BMP.
|Step 2:
Now I grab the brush from our My Pictures folder and move it down in front of our file. To add some depth I move the handle of the brush to the back.
|Step 3:
Now with the Mesh Tool I go in and edit our Paint "swoosh". Making it fade from blue to green to red.
|Step 4:
Now I copy one of the images from the photos in our My Picture folder and crop it down. Then I place it on our folder with a Multiply Transparency set to 0. I also draw a black box around it to act as a frame.
|Step 5:
Now to make this a bit more interesting I want to do a little palette on the bottom of the page, so I draw some boxes and line them up flush under our picture.
|Step 4:
Now using the eye dropper tool I sample some colors from the picture and assign them to the palette squares. One row the greens, one the blues.
|Step 4:
Now we are back to our standards; we give the new file and brush a Reflection.
|Step 8:
We need a new shadow for the brush handle so we take care of that.
|Completed Icon Image.
Click here to download the finished icon.
That's one more of our staple icons out of the way. And I must say it turned out much better then I was thinking it would. Since that went well I think tomorrow we will finish up the Default Image file types and do the GIF. See ya then.
Icon-A-Day, Icon # 50, iPod Mini
A quick side step for the fun of it.
Sunday, February 20, 2005 by mormegil | Discussion: Icons
|Icon 50 (iPod Mini)
Yesterday I said I would be doing another File Type icon, however I have decided to take a little detour out of the default icon pack icons and do something purely for the fun of it.
About a month ago, I finally cracked under the pressure and bought an iPod. I went in to by a 512 iPod Shuffle, but somehow walked out with a 4G iPod Mini. This has, however, worked out quite well for me and I have become a big iPod Fan, mostly for its Audible.com support. The long and short of this story is that my iPod is almost always attached to my computer these days, and when it is it shows up as a removable drive. Since I am me, when a new Drive shows up on my computer I have to make an icon for it.
I was holding my mini the other day, and thought, it would be pretty easy to make an icon for this. As it turns out I was right. The only problem is that the final image ended up looking a bit too realistic, and I could have probably just used one of the many bitmap images from the Apple site and saved myself a bunch of time. However this dose make a nice tutorial on what you can easily do with techniques we have already established. So off we go...
|Step 1:
Now if you have ever seen an iPod you will know they are pretty simple. our entire Icon can be made with just a few shapes.
|Step 2:
The most difficult part of or image with be the main back of the pod. This I will do with the Mesh Tool. You can see here how I rounded the corners a bit. And placed some nodes where my shadows and highlights will be.
|Step 3:
Now I simply change of the Mesh node colors. We do a light grey for the center 4 nodes, a dark grey on the left, and a light grey on the right.
|Step 4:
You can see here our how our mesh created the illusion of dimension.
Now using the techniques from the Transparency 201 Class, I give the iPod a bit of texture. Very subtle.
|Step 5:
For our touch wheel we simply use a series of 6 circles with gradient fills.
|Step 4:
To finish of the touch pad I put the controls on using the Text Tool and some simple shapes.
|Step 4:
Now for our display I use 3 boxes, 2 for the outside of it to give it a slight lip and fill them with gradients.
The main part of the display is a Mesh Rectangle, with some darkened and lighted areas to make the display seem set back.
|Step 8:
It might not really need it, but for consistency with the rest of our pack I go ahead and give the display a bit of gloss.
|Step 9:
Lastly I draw a little Apple logo and place it in the display behind the gloss. I also use our Shadow and Reflection techniques to give us our Icon-A-Day style reflections and shadow.
|Finished Icon Image
Click here to download the finished icon.
Well, that was fun, tomorrow we will start back into our supported icon pack icons.
CorelDRAW For Skinners: Part 6
Mesh Tool 201, Makeing a Folder form scratch.
Saturday, February 19, 2005 by mormegil | Discussion: Icons
|CorelDRAW for Skinners. Part 6: Advanced Mesh Tool 201
I have gotten a lot of requests for an Advanced Mesh Tool Tutorial, so today I am going try and help. Today's tutorial takes us from a blank page to a competed folder icon, almost entirely created with Mesh Fill objects. One new thing this week is that I am also posting the CDR file that I made doing the tutorial. So you can play with it yourself.
Note: This tutorial is very long, (32 minutes) sorry about that, and I ramble a bit, but it is a good example of how to use the Mesh Tool, to "do" something, rather then just how it functions. Hopefully that part will be there as well.
I would also like to take this opportunity to thank Stardock for hosting these video files, as I know they must take up quite a bit of precious bandwidth. Hopeful the people who are enjoying them appreciate it as well.
This weeks videos:
Mesh Tool 201 (Making A folder from scratch)
Stay tuned for more. Requests encouraged, and appreciated.
|Video #10: Mesh Tool 201
|Mesh Tool 201 Sample CDR (CorelDRAW 11 Format)


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Hey there, time traveller!
This article was published 30/4/2013 (1517 days ago), so information in it may no longer be current.
River ice on the Assiniboine is beginning to break up, but hasn't begun to move, as water is starting to flow Brandon's way from the Shellmouth reservoir.
The city says that the river, although it's risen a bit lately, is still nearly three feet lower than what's considered flood stage. They are planning for a worst-case scenario that could see the river rise another two feet higher than that — but even that level would be more than eight feet lower than the record-setting 2011 flood.
According to an updated posted by the city on Tuesday, flood preparations by the operations department remain on schedule.
Some storm sewer outfalls that carry melt and rain water to the river have been blocked with sandbags to prevent the river from backing up into the pipes. Plans are in place to block additional outfalls if and when the river level comes up to a level that requires protection. All pumps are in place on the south side of the dikes. Some pumps are in place on the north side of the dikes and others will be added over the next few days as required.
City workers also continue to fill sandbags for use by the province, if needed. A super sandbag dike has been placed along 18th Street and the province is prepared to close off access to Grand Valley Road if water encroaches onto the road.
More clay is being hauled and staged to be ready to close the 18th Street drainage channel when this becomes necessary. Workers will be on duty at all times to maintain pumps and monitor the dike, when this is required.
However, both weather and the Shellmouth reservoir will be an important factor in the coming days.
The province says that gates at Shellmouth will be opened slowly over the next 48 hours. That water will take about a week to reach Brandon.
Meanwhile, a high-water advisory continues for smaller tributaries and drains in the Dauphin and Swan River area. Tuesday's snowfall is expected to cause water levels to rise, but they aren't expected to overflow banks.
Ice jams against a bridge along the Whitemud River at the town of Gladstone caused some overland flooding Monday, however, levels on the Whitemud River upstream of Gladstone began dropping Tuesday.
The Seven Regions Health Centre in Gladstone required some minor sandbagging on a road access point, but the facility was not at risk. Ten homes experienced minor flooding but there were no evacuations.
» Brandon Sun


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On average, listings lease in the $10's per square foot per year. The North End East submarket is seeing a a boost in rates. In the last 3 months, the median rate went up $18 per sqft per year.
In the last 90 days, 2 listings have been made available, which means spaces might be leasing quickly. You'll want to be prepared to tour spaces as quick as possible. About 100% of the office spaces in the North End East are subleases, so you might be able to snag a great spot on a short term. There aren't many listings below 2,000 square feet posted, so finding a space for a small business might be tough.
The standard measurement for office space in this area is around 1,860 sqft. Most buildings in this market were built in 2007 and are Class A.
Not much of the real estate is used for commercial space, so it might be hard to find office space. Education is the dominant industry in this area. Most of the residents of North End East work from home. Commuting approximately 15 minutes a day is the norm for those who opt to reside in this part of town.
Trends and status of the commercial real estate market in North End East.
Market Report
Real time and historical data on commercial real estate listings in North End East.


text:
Document Summary
Published: 2012
Moving women out of poverty through the development of small fish processing enterprises in Malawi
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Malawi is one of the countries in Africa which is highly dependent on fish as a source of animal protein. Malawi produces about 70,000 tons of fish annually from its lakes, rivers and swamps. The fishing industry supports the livelihoods of 1.5 mill people in Malawi and contributes about 4% to the national GDP. With funding from the Norwegian MFA through the Lake Chilwa Climate Change Adaptation Programme, pilot value addition and fish marketing activities targeted at women groups were implemented in three sites. Self selected women groups were formed and trained in group dynamics, business management and fish processing. Experts introduced solar dryers and improved smoking kilns to the groups and conducted collaborative activities to demonstrate how adoption of these technologies could increase women incomes through production of high quality fish that could be sold to market outlets country wide at a higher price.
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Node.js is high performance server side platform running on Google V8 Javascript engine. Node.js applications are written on javascript. Node.js applications are designed to maximize throughput and efficiency, using non-blocking I/O and asynchronous events. Node.js contains a built-in asynchronous I/O library for file, socket and http communication, which allows applications to act as webserver without the need of Apache, IIS etc.
Node.js was created by Ryan Dahl in 2009. NPM a package manager for Node.js libraries was introduced in 2011.
Event driven programming is the core of Node.js applications. Event driven programming is a programming paradigm in which the flow of the program is determined by events. Its an application architecture in which main loop is divided into two sections i.e. event selection and event handling.
Node.js can keep many connections without dropping new incoming connections by using single threaded event based loop. Node.js can be extended using CommonJS module system.
Applications are executed from the command line with command: node <app name>.js
Traditionally web-serving required each request to create a new thread on webserver. In Node.js a callback is issued by operating system when a connection is made. Within in node.js runtime each connection is a small heap allocation. Node.js uses an event loop, instead of processes or threads, to scale to millions of connections happening at the same time. Node.js event loop doesn't need to be called explicitly. Instead callbacks are defined and the server automatically enters the event loop at the end of call back definition. Node.js exits the event loop when there are no callbacks to be performed.
NPM is the package manager of Node.js. Using command line NPM registry developers can install code.
Node.js combined with various design patterns and collection data base makes an ideal open source frame work for highly scalable dynamic websites. The most popular of Javascript full stack is MEAN. MEAN stands for MongoDB(NoSQL), Express.js(Web App framework), Angular.js (MVC framework), Node.js (Server side framework). It helps build fast, robust and maintainable production web applications.
NodeSchool is an excellent way to learn about node.js. Below is the Node.js internal architecture.
Socket.io is a powerful Node module that brings the ability to simply manage long term connections with the clients.
Promises is a way to manage asynchronous control flow. A promise is an object that represents the result of an asynchronous function call. Promises are also called futures and deferreds in some communities. Promises have three states pending, fulfilled and rejected.
To monitor, troubleshoot and diagnose performance issues in your node.js applications Nodetime is quite handy. Nodetime reveals internals of your application and infrastructure through profiling and proactive monitoring enabling detailed analysis, fast troubleshooting, performance and capacity optimization. Node time metrics cover operating system state, garbage collection activity, application capacity, transactions and data base calls for supported libraries.


text:
It's been a few months since former International Monetary Fund head Dominique Strauss-Kahn made news for all the wrong reasons, and on Thursday yet another headline about DSK's sexual past cropped up. This time, the story practically ended before it began, unlike last spring's case brought by a hotel maid in New York.
Partly because of chronology and partly due to lack of evidence, French prosecutors dropped rape charges this week stemming from an alleged incident in 2003 in which Stauss-Kahn's accuser, novelist Tristane Banon, said he attacked her during an interview. Mais non, his side said once again. —KA
Bloomberg Businessweek:
Strauss-Kahn and Banon were brought together by Paris police on Sept. 29 for simultaneous questioning to try to reconcile their differing versions of what happened when Banon met Strauss-Kahn for an interview.
She said he assaulted her, trying to remove her clothes and putting his hands in her mouth and underwear, according to an interview in the July 6 issue of the magazine L'Express.
He called her account "imaginary" in a slander suit he filed against her.
Banon, speaking at a Sept. 24 rally supporting tougher sexual-assault laws, said she may seek a private prosecution, in which a criminal complaint can be taken directly to an investigating judge, or pursue a civil case against Strauss- Kahn. Charges of attempted rape and rape can be brought for 10 years after the incident in France, while sexual assault has a three-year limit.
World Trade Organization (CC-BY-ND)
DSK disagreed with Ms. Banon's account of the goings-on in their 2003 interview.


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Everyone who smokes knows deep down inside that they should quit. The health risks associated with smoking and second-hand smoke have been known for years. Some of us, as smokers, have experienced the problems associated with long-term smoking first hand. Many of us have tried all kinds of ways to quit before but were unsuccessful.
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Simpson Electric, a family-owned electrical wiring company, will be relocating from Charlotte to Indian Land, with hopes to expand its workforce.
The company will start construction in the next two months on a new corporate office and operation center in Perimeter 521 Commerce Park on Northfield Drive. Simpson Electric now rents a building on Crump Road in Charlotte.
Danny Simpson, president of Simpson Electric, said the company is ready to have its own facility after renting for about three years.
Kershaw's industrial park likely will get its first tenant, after the town council voted unanimously Wednesday to allow a solar-panel farm to be built on 18 acres in Kershaw Commerce Park.
Cypress Creek Renewables (CCR), a national provider of local solar farms, approached the town June 9 asking for a minimum of 18 acres to be leased for at least 20 years at $1,000 per acre per year. The deal will bring the town $360,000 over the life of the contract.
Nutramax Laboratories' financial and philanthropic contributions to the community have earned it a top award from the S.C. Commerce Department.
Nutramax was named the 2017 South Carolina Large Industry Impact Winner among the state's 13 Tier Three counties. The Commerce Department honored the company May 11 in Columbia as part of the agency's 26th-annual Industry Appreciation Event.
Nutramax was selected because of its capital investment, job creation, community engagement, and commitment to the environment.
Texas-based CompuCom Systems Inc. is relocating its headquarters to Indian Land, bringing a $41 million capital investment and creating 1,500 jobs over the next five to seven years.
It's the largest single job announcement in Lancaster County history, said Gov. Nikki Haley's office.
From release
Central Wire Inc. will spend $2 million expanding its Lancaster County manufacturing operation, creating 18 new jobs at the plant off Riverside Road.
The Lancaster facility, at 1552 Cedar Pines Lake Road, now employ 32 workers. The expansion will add two state-of-the-art welding wire manufacturing lines.
Scott Miller
Clemson University
CLEMSON – More Southeastern peaches will be grown organically thanks to a $1 million federal grant awarded to Clemson University.
Clemson pomologist Juan Carlos Melgar and pathologist Guido Schnabel are tying paper bags on peaches as they grow on trees, an unconventional method of protecting them from insects and disease while reducing reliance on pesticides. The peaches are bagged when the fruits are young and small.
Springs Memorial Hospital went live Tuesday with a telemedicine program for its intensive and critical care units that gives patients access to doctors through a television screen 24/7.
With the push of a button, a patient or hospital staffers can have a two-way conversation with a doctor within 60 seconds.
Springs Memorial has 10 ICU rooms and 10 CCU rooms, which are now all equipped with a television screen and ceiling camera.
Lancaster City Council passed a rezoning request Tuesday night to allow a construction company office and warehouse to locate at 305 E. Arch St.
The vote to change the zoning from R-10 (Residential) to B-2 (Neighborhood Commercial) was unanimous. While property owner James Boswell had originally requested a B-3 (General Commercial) rezoning to also allow the sales and service of golf carts, city council opted for the B-2 classification.
Gayle Adams tried her first Kono cone-shaped, soft-crust pizza several years ago while vacationing in Singapore because she was hungry and in a hurry.
"I saw a pizza I could eat while I kept shopping," she said. "And it tasted really, really good, too."
At the time, she was a program analyst for VSE Corp., which provides engineering and technical support services for the U.S. military.
Many people have a misconception that Medicare is free healthcare coverage for when they reach age 65.
That is far from the truth.
This column spells out some of the common costs that are associated with Medicare, to show future Medicare recipients what they might expect when they enroll. For a more detailed explanation of each of these parts of the program, visit Medicare.gov.
Copyright © 2017
The Lancaster News is your source for local news, sports, events, and information in Lancaster County and Lancaster, South Carolina, and the surrounding area..


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By Vernon Felton
There's this guy that I hate. He's a complete tool. I guess my dislike for him is sort of ironic because we have a lot in common. We're from the same town. We ride the same trails. We wear the same general-issue, bike-dork uniform, except his fits better. Bastard.
I see him most often during the winter months, when it's dumping outside and the deadlines are knocking on my door, robbing me of my attention, ride time and fitness. It's when I drag my sorry ass off the couch and really embark on something punishing—that's when he shows up. I catch him out of the corner of my eye, ripping up a climb that I'm just merely wallowing up. He blows by with nary a nod. He's probably too busy looking at his Garmin or calculating his Strava splits. Like I said, total wanker.
That happened last week, in fact. It was during one of those storms that has ducks scrambling for their GoreTex. Winter, however, is really just starting to get into its miserable groove up here and if you stop riding until the weather gets nice, you'll be waiting till July. There was nothing to do but suck it up, don the wool and get rolling. The ride begins with a good climb, the kind that quickly gets you reacquainted with your granny gear.
I'm about 40 minutes into the climb when I look at my watch and realize—Aw crap, I'm going to have to cut this ride short.
The day's getting away from me; there's traffic to beat, kids to pick up from school and all that jazz. No worries, I'll just stop halfway up the climb, take a side trail to the ridge top and enjoy the fruits of my labor with some wet, rocky descending.
As I near the halfway point, I see him. Eyes focused on the climb ahead, legs pumping away. Just full of piss and vinegar. I can practically hear what he's thinking. He's thinking, "Are. You. Fucking. Serious? Halfway up? You're stopping now and taking the shortcut? Really? Did you forget to bring your testicles today? Maybe you left your pride somewhere back at the house? Halfway up? That's my warm up ride. I'm not even in the groove yet, forchrissakes…"
Of course, he never says a word. He doesn't have to. Because I'm saying it to myself. I am the other guy. I am that tool. Well, half of the year I am, anyway.
During any given year, I am two different riders. From October to April, I'm pretty much a wreck of creaky bones, belly fat and bile. Between May and October, I'm in a more respectable shape. Not fit or fast by competitive standards, but well, a whole lot fitter and faster than the winter me. By May I am blazing up the fireroad on a daily basis. The halfway mark always seems to pop up so quickly and then I'm zooming past it towards the summit, catching the paler, chubbier version of me out of the corner of my eye and wondering how could I have ever been that guy. How could I have ever cut the ride short and taken the easy way out? How could I have ever been that slow?
I am, in short, a man with a serious multiple-personality riding disorder. I wasn't always this way. When I was younger and had no obligations beyond staying out of jail and completing my nightly shift behind a mop, I devoted almost every daylight hour to pedaling. Sure, I had peaks and valleys in any given season, but I was always basically…me. The same rider.
As I got older, the relationships and responsibilities stacked up. The hours of my day became segmented and precious. I stopped naming my bikes. I struggled to put in the same kind of saddle time. I've never actually straight-up stopped riding at any point during the past 28 years, but I eventually became more of a binge rider—three great months here followed by two crappy, couch-bound months there, followed by an absolutely stellar four or five months in the saddle and then a couple months of unsatisfying off-and-on again riding. Over and over and over again.
The rider I became during the on-the-wagon months was a very different rider than the binge-rider—so much stronger, so much more dedicated. Maybe that guy even logs into his Strava account from time to time.
This past year has been a serious binge fest for me and it's been, well, weird. I vacillate between scorn for my sluggardly self and envy at my better-riding self. It's like that Star Trek episode (this would be "The Enemy Within", Season One, Episode 5…Hey, don't look at me like that. I'm a journalist, I'm supposed to know these things) where Scotty is beaming up Kirk from planet Alfa 177 and somehow two Captain Kirks wind up aboard the U.S.S. Enterprise. The "Good Kirk" is honorable and kind, but can't make a decision to save his life, whereas the "Evil Kirk" is a full-blown, alpha dog that gets shit done but is also bound for some mandatory sexual harassment training and a stern talking to whenever Human Resources gets back from lunch.
At the risk of pushing this whole Star Trek analogy too far, the episode concludes with the crew realizing that neither Good nor Evil Kirk can survive without the other. They must combine both of the Kirks, a task they accomplish with their transporter ray, some LED lights and a bunch of crummy Bloop and Bleep sound effects.
I'm not one for New Year's resolutions, but I do have a goal this year. Balance—in a unified Captain Kirk sort of way. Sadly, I lack a transporter machine so achieving this unity is going to take some effort. I'm just going to have to figure out a way to level out the riding time and stop binging. We'll see. I gotta do something. I get sick of being caught on the climbs by Racer Me and I can't stand watching Fat Bastard Me gimp his way up the mountain.
I'm tired of the other guy.


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